how to become a certified elder law attorney in nys

by Prof. Rashawn Balistreri 10 min read

In order to achieve the certification, candidates go through at least 45 hours of training and education. Candidates must pass a written test and obtain five references from an attorney specializing in elder law. Once attorneys achieve the elder law certification, they must renew it every five years.

Full Answer

How to become a lawyer in New York State?

In general, a would-be lawyer must graduate from an accredited law school, pass a series of exams, and satisfy certain requirements. After completion of this process, the individual is licensed to practice law in the State of New York. Part 1 Applying to and Attending Law School

What is a NELF certified elder law attorney?

The National Elder Law Foundation (NELF) is the only national organization certifying practitioners of elder and special needs law. NELF’s Certified Elder Law Attorney designation is itself certified by the American Bar Association. There are over 500 CELAs across the country, and our numbers are growing steadily.

What is the National Elder Law Foundation?

The National Elder Law Foundation is a non-profit organization founded in 1993, and is dedicated to the development and improvement of the professional competence of lawyers in the area of elder law

How do I get a lawyer's license?

Because of an attorney's unique ethical and professional responsibilities, there are several steps one must take before obtaining this license. In general, a would-be lawyer must graduate from an accredited law school, pass a series of exams, and satisfy certain requirements.

How to become an elder law attorney?

Although the specific requirements for certification as a specialist in elder law may vary from state to state, many states recognize the elder law certification issued by the National Elder Law Foundation (NELF). That organization sets forth the following requirements in order to qualify as a certified elder law attorney: 1 The attorney must be licensed to practice law in at least one state or the District of Columbia. 2 The attorney must have practiced law for at least five years before applying for certification and must be practicing law at the time of their application. 3 The attorney must be a member in good standing in the bar where they are licensed. 4 The attorney must have spent an average of at least sixteen hours per week practicing elder law in the three years preceding the application and have handled at least sixty elder law matters during those three years. 5 The attorney must have participated in at least forty-five hours of continuing legal education in elder law in the three years prior to their application. 6 The attorney must submit the names of five attorney references who are familiar with his or her competence and qualifications. 7 The attorney must pass a full day certification examination.

How many hours do you have to work to become an elder law attorney?

The attorney must have spent an average of at least sixteen hours per week practicing elder law in the three years preceding the application and have handled at least sixty elder law matters during those three years.

What is an elder law specialist?

These legal professionals may also be considered certified elder law attorneys, meaning that they have obtained an approved certification as an expert in that field. A certified specialist in elder law is an attorney who has received specific training in elder law issues, has practiced in that field for a certain amount of time, ...

How long do you have to practice elder law?

The attorney must be a member in good standing in the bar where they are licensed. The attorney must have spent an average of at least sixteen hours per week practicing elder law in ...

What is a certified specialist?

The title of “certified specialist,” is an important qualification, and an attorney who represents himself or herself as a "certified specialist," yet has not in fact been appropriately certified, can be liable for false and misleading advertising.

How many hours do you have to practice elder law?

In addition to passing the test, there are other qualifica­tions. A candidate must have spent an average of at least 16 hours per week practic ing Elder Law during the three years preceding their application, handling at least 60 Elder Law matters during those three years with a specified distribu­tion ...

What is elder law?

Elder Law is defined by NELF as the “legal practice of counseling and representing older persons and their repre­sentatives about the legal aspects of health and long-term care planning; public benefits; surrogate decision-making; older persons’ legal capacity; the conservation, disposition and administration of older persons’ estates; and the imple­mentation of their decisions concerning such matters, giving due consideration to the applicable tax consequences of the action, or the need for more sophisticated tax expertise.”3 In addition, in order to be certified, attorneys must be capable of recognizing issues of concern that arise during counseling and representation of older persons, or their representatives, with respect to abuse, neglect, or exploitation of the older person, insurance, housing, long-term care, employment, and retirement. The CELA also must be familiar with profes­sional and nonlegal resources and services publicly and privately available to meet the needs of the older persons, and be capable of recognizing the professional conduct and ethical issues that arise during representation.4

What is the first stage of an appellant's exam?

The first stage is to review the appellant’s graded exam and examples of exam answers of those who took the examination with the appellant that are considered to be more appropriate concerning questions for which the appellant may have been scored low.

What is the National Elder Law Foundation?

The National Elder Law Foundation (NELF) is a nonprofit organization founded in 1993, dedicated to the development and improvement of the professional competence of lawyers in the area of Elder Law. The purpose of the certification program is to identify those lawyers who have the enhanced knowledge, skills, experience, ...

What is the authority of the Appeals Committee?

The Appeals Committee has authority to overturn any graded results. The decision of this committee is final. Elder Law certification is not easy to achieve, but for a knowledgeable practitioner, it is worth the effort.

Who has the right to appeal a NELF exam?

An examinee whose score is within 10 points of pass­ing has a right to a hearing before a three-person Appeals Committee, made up of two NELF directors and one CELA who is not a NELF director or officer. None of the appeals committee members may have taken part in grading the exam being appealed or served on the Appeals Committee of a prior appeal taken by the appellant. The Appeals Committee has authority to overturn any graded results. The decision of this committee is final.

Is it necessary to brush up on law?

So even though brush­ing up on the law is necessary, it is virtually impossible to master the breadth and depth of the information required simply by reviewing academic materials.

How to become a lawyer in New York?

Attend and graduate from law school. 1 The New York State Bar requires that, after you begin law school, you complete your studies in 24 to 60 months. 2 You also must complete at least 83 semester hours of study prior to graduation, 64 of which must come from classroom study and two of which must come from a course in professional responsibility.

How much does it cost to become an attorney in New York?

This test is offered on the last Tuesday and Wednesday of every February and July, and you must apply in November for the February exam and in April for the July exam. The application fee is $250.

How to get into the New York State Bar?

Apply for admission to the New York Bar. After you take and pass both the MPRE and the New York State Bar Exam, you will be officially certified for admission in one of the four judicial departments in New York, based on your address. The State Board of Bar Examiners sends your name and address to the judicial department (there are four in total) that corresponds with your address. You will need to complete and fill out the application package for your particular judicial department and submit it along with any required documentation.

What are the two tests you need to take to become an attorney?

After you graduate from law school, you will need to take two tests to become an attorney: (1) the MPRE and (2) the New York State Bar Exam. The first of these—the MPRE—measures your knowledge of the rules relating to a lawyer's professional conduct and consists of a two-hour, 60-question multiple-choice test.

How to get a job in New York?

Do a search online for "legal jobs in New York" or something related to that. Visit New York state, city, and county websites as well to look for jobs. When you find a job posting, read it carefully and submit all required documents on time. Be sure you follow-up with the employer and let them know you are interested.

How long does it take to get into law school in New York?

The New York State Bar requires that, after you begin law school, you complete your studies in 24 to 60 months. You also must complete at least 83 semester hours of study prior to graduation, 64 of which must come from classroom study and two of which must come from a course in professional responsibility.

What is an attorney license?

An attorney is someone who is licensed by a state to practice law. Because of an attorney's unique ethical and professional responsibilities, there are several steps one must take before obtaining this license. In general, a would-be lawyer must graduate from an accredited law school, pass a series of exams, and satisfy certain requirements. After completion of this process, the individual is licensed to practice law in the State of New York.

What is the first step to becoming a member of the New York State Bar?

The New York State Bar requires graduation from an ABA-accredited law school in order to become a member. Passing the LSAT, or Law School Admission Test, a half-day standardized test given quarterly at testing centers in New York and elsewhere, is the first step in this process.

What is the New York State Board of Law Examiners?

The New York State Board of Law Examiners follows the mandates of the American Bar Association (ABA) in terms of requirements for undergraduate pre-legal education prior to admission to an ABA-approved law school.

What is legal specialization?

Legal specialization is a route that many new lawyers in New York wish to pursue after becoming bar members . The National Board of Trial Advocacy offers certification for specializations in family, criminal, and civil law, plus social security disability advocacy and civil trial law advocacy. Credentials are checked and exams are taken before a lawyer is certified in any specialty.

How long does it take to get into the New York State Bar?

Within three years of passing the bar exam, you must apply for admission to the New York State Bar. You will be sworn in formally and then officially licensed to practice law in New York State.

How many law schools are there in New York?

The New York Bar Association requires all lawyers to graduate from an ABA-approved law school in the U.S. There are currently over 200 law schools across the country that are ABA-approved. A complete listing is provided at the LSAC Official Guide to ABA-Approved Law Schools.

Does the ABA require pre-law education?

The ABA does not set requirements or standards regarding undergraduate pre-law education. Basic areas of knowledge that will help a lawyer later in his or her career are expected to be covered, such as:

What is the NYS Office for Aging?

NYS Office for the Aging http://www.aging.state.ny.us/ WebPage dedicated to serving older New Yorkers and their families. Provides news, events, health and wellness, health insurance Q and A, links and a guide to senior housing.

What is the senior law page?

Senior Law Page http://www.seniorlaw.com/ Very valuable web site providing information about elder law, medicare, medicaid, estate planning and trusts, and rights of the elderly and disabled.

What is Elder Law College?

What is the Elder Law College? Elder Law College offers the most comprehensive, detailed and accelerated training available. ELC offers world-class training, graduate level courses and ongoing support to help each student forge a better, more holistic, more profitable practice where they can do well by doing good.

How many seniors will be in the US by 2030?

Our senior population (residents 65 years of age or older), numbers more than 40 million in the US. This market represents more than 1 in every 8 Americans and estimates show that by 2030, seniors will number 72 million and by 2050, 83.7 million.

What does an elder law attorney do?

Attorneys certified in elder law offer you something that other attorneys do not: Professional expertise in the unique needs of older, maturing populations. Certified Elder Law attorneys are not just authorities on legal issues affecting seniors, they are also familiar with other vital resources and services – both public and private – that can meet the needs of senior citizens, including those with disabilities.

How many hours do you have to practice elder law?

Have spent an average of at least 16 hours a week practicing elder law during the three years preceding the application for certification. The attorney must also have handled at least 60 elder law matters during those three years with a specified distribution among a wide variety of topics.

How long do you have to practice law to get a license?

Be actively practicing law and must have practiced law for at least five years prior to applying for certification.

What is a CELA lawyer?

By choosing a Certified Elder Law Attorney (also called a “CELA”), you know you will receive expert advice and representation from a lawyer who has demonstrated a serious commitment to helping seniors by becoming certified in elder law.

Requirements For Certification as An Elder Law Attorney

  • Although the specific requirements for certification as a specialist in elder law may vary from state to state, many states recognize the elder law certification issued by the National Elder Law Foundation (NELF). That organization sets forth the following requirements in order to qualify as a certified elder law attorney: 1. The attorney must be l...
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What Can A Certified Elder Law Attorney Do For You?

  • With their specialized training and practice in elder law, along with the additional resources available to them, certified elder law attorneys can be expected to understand the current state of elder law in their jurisdiction and to offer an expert level of representation to their clients. An elder law attorney will also understand the challenges facing elderly clients and is trained to specifical…
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Where Can You Find A Certified Elder Law Attorney?

  • NELF’s website provides a list of specialists by state. However, it is not the only certifying entity and you can also locate a certified elder law attorney through the state bar for your state, some of which may even include this information on their websites. The State Bar of California, for example, provides a Legal Specialist Search, allowing you to find specialists by area of law. You …
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Additional Resources

  • For additional information on elder law generally, see FindLaw's "Elder Law" and "Intro to Elder Law" articles.
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