Diana Law

Law Elder Law is very proud to announce that our very own Diana Law has just become the youngest member of the Leading Lawyers Network here in Illinois!  The Leading Lawyers Network is a prestigious group to be a part of because the only way to become a member is to be nominated by your peers.  Even once you are nominated you aren’t actually accepted until you have been reviewed by a number of your peers.

“Leading Lawyers Network surveys lawyers, asking them which of their peers, indeed their competitors, they would recommend to a family member or friend if they could not take a case within their area of law or geographic region.”  (from the Leading Lawyers Website)

In fact, the Leading Lawyers Network takes only 5% or less of all the attorneys in Illinois.  We are proud to have TWO of our Law Elder Law attorneys be a part of this group, as Diana’s dad Rick Law is also a member of the Leading Lawyers Network.

Of course, it’s no surprise to us that Diana was nominated.  In addition to being involved in the Kane County Bar Association and giving her time in many other service organizations, Diana is known for her focused and caring service to her clients.

As for Diana, she’s pleased with the membership in part because she hopes it will be beneficial in dealing with the practical aspects of her job, which is namely ensuring that the elderly of our community receive the advice and protection they need.  Many clients come in feeling overwhelmed and scared, not even having known they needed an elder law attorney until the last minute.  Diana hopes she will be able to reach more seniors and their families this way.

When asked what Diana likes most about elder law, she answered “I enjoy providing more than just legal services. In fact some days I feel more like a social worker. We get and give lots of hugs! I like that I can develop close relationships with my clients during a crisis time of life; I’m helping them when I know they need it most.”

Congratulations Diana!

To read the full article from Leading Lawyers Network click here: Leading Lawyers Article

Shawn Hunt before and after

Almost three years ago, when I first met Shawn Hunt, I had to look him in the eyes and tell him that his pre-employment handwriting analysis revealed that he had early diabetes symptoms.

Now, I am proud to introduce you to a healthy Shawn who successfully serves Law ElderLaw, LLP as both an intake paralegal and our super-creative graphics designer.   During the time that he has been with us, he has dedicated himself to the oh-so-difficult change to a healthier lifestyle.

This is how Shawn told me his story:

“Three years ago, our company insurance agent at Law ElderLaw told me that I had been denied health coverage. I was devastated!  My health issues were due to a genetic predisposition and my weight.  I tipped the scale at nearly 400 pounds, and it was taking a serious toll on my health.  I would get random bouts of numbness in my hands and feet and sometimes climbing stairs felt more like I was mounting an expedition to the Mount Everest’s summit.  I knew that change had to happen, as my life was in jeopardy.

I started my transformation changes at 397 pounds with a size 48 pants.  The first week of dieting was pretty tough, as cravings and temptations seemed to abound—but I ended week one with a 16 pound loss. Wow!  ‘This isn’t too hard,’ I thought—but soon my weight loss crept to a halt.  Then I knew that diet alone would not be enough and that I would have to add exercise and weight training.

Once I started lifting weights and running, I started to gain more energy every day. Cutting out pop and replacing it with water also helped greatly.  My meal plans were drastically overhauled.  I vowed that I wouldn’t put another dollar through a drive-through window for a long while.

My body started to change and fat slowly gave way to muscle.  I started to drop pant sizes quickly.  I put myself on a strict diet consisting of six small meals a day roughly the size of my palm.  Maintaining the routine and schedule of eating like this wasn’t all that easy, but I seemed to be able to manage it.  I cut out most fried foods, all junk food, pop, and red meat.  I replaced these things with fish and chicken, vegetables, fresh juice, oatmeal, vitamins, and many other healthy choices.  I grew to love them over time.

I have lost 115 pounds of scaled weight and gained a large amount of muscle.  I have gone from a 48” to a 38” waist.  My health has been greatly improved, and my overall sense of well being has been restored.  I really can’t put into words the feeling of accomplishment that I feel right now.  This has been one of my greatest challenges and also one of my greatest victories.  Don’t get me wrong, I know that  I’m not done—but now I look forward to the rest of the journey!”

Shawn is not doing anything magical. He is following the time-tested path of healthy eating and consistent exercise.  All of us at Law ElderLaw are happy to see him looking good!  He even went tent-camping in the woods last weekend and came back peppy.  Congratulations, Shawn!

HD Quilt Square

In March I was privileged to speak at the Illinois Conference on Huntington’s Disease.

I learned that Huntington’s Disease (HD)—like Alzheimer’s Disease, ALS, and Parkinson’s Disease—all originate from damaged brain cell mutations.  Sitting in the conference room with me were those who have been diagnosed with the disease, the loved ones who care for them, and family members who live with the threat of developing the illness themselves.  You see, the greatest horror of Huntington’s is that it is a hereditary disease that passes from parent to child, often striking up to 50% of family members!  At-risk young people live in dread of “crossing over” to becoming stricken with Huntington’s symptoms like involuntary muscle movement and cognitive decline.

I was especially moved by a display called the Huntington’s Disease Memory Quilt.  The quilt is an ongoing project, pieced with squares to commemorate the lives of those lost to HD.  Because Huntington’s Disease is hereditary, there were many quilt pieces arranged together for multiple family members afflicted by the disease. The effect was moving and staggering.  The top row contained a number of pieces in honor of the lost loved ones from just one family.  Another square which brought a lump to my throat and tears to my eyes depicted a semi-barren tree shedding its leaves, and read:

O Lord, I ask that you please
Let no more leaves fall
From our family’s tree.
May those who investigate
Find a cure.
Help those who care
Have strength to endure.
Hear our prayer, Dear Lord!

It went on to read, “Four fallen leaves—Bill, Billy, Ken, and Vera.”

Although Huntington’s Disease is a relatively rare disease that affects about 1 in 10,000 persons, the families that suffer from this killer often sustain a 50% casualty rate.  Here at Law ElderLaw, we have decided to help work toward a cure.  There is a “Team Hope Walk for a Cure” taking place in Wheaton, IL on Sunday, May 17, 2009.  I am going to be there with some of our team.  If you would like to join us, we would love to have you on our team!  Click here to join us or to create your own team!  If you live outside of Illinois but still want to help, you can find a walk in your state by clicking here.  We hope many of our friends will be able to come join us on May 17th and help us Walk for a Cure!

Have you ever had what you thought was a quick and friendly conversation with your attorney, and then been surprised by a bill in the mail?  That was the result of hourly billing (as opposed to value billing).

Value billing is not the usual way that lawyers bill their clients.  Value billing is based on the idea that one should charge a fee that is appropriate and ethically reasonable for the value provided to the client.  It is my viewpoint that both clients and lawyers can enjoy better relationships if lawyers charge value-based fees.  Read on to see how we might make value-billing work…

Lawyers have charged by the hour since time began.  Unfortunately, hourly billing can easily poison the relationship between attorney and client, and both attorneys and clients wish there was a better way.  The burdens of hourly billing record-keeping and delayed cash flow are a nightmare in almost every law firm.  But a few lawyers have found a better way—and many estate planners, business lawyers, and elder law attorneys have begun to abandon the hourly rate.  Instead, they embrace value billing—a concept that both clients and attorneys can learn to love.

Clients are suspicious of lawyers’ billing practices and frequently complain, “How could that have taken you so long?”  From the client point of view, hourly billing creates an apparent disincentive to provide a quick solution.  On the attorney side, hourly billing creates a disincentive to investing in modern technology and electronic research tools.  After all, once a law firm is more efficient, it could lose money due to increased efficiency and productivity.

Clients like fee certainty—and although it is not an option for every law firm, it can be offered for some transactional legal work.  Value billing provides a great way to get out of the hourly billing hamster cage.  Law firms can quantify commonly repeated legal tasks such as estate planning, and then determine what would be a reasonable bill for a specified package of legal services.  Those specified packages of legal services can then be offered to the public at a predetermined rate which covers a justifiable overhead cost as well as profit. 

At Law ElderLaw LLP, we have found that value billing greatly enhances our attorney/client relationships.  Clients loathe receiving bills after telephone conferences and incidental conversations.  We want to enhance our client relationships for repeat business and referrals—so it makes dollars and sense to improve our billing practices.

Last week, I had a telephone call with the daughter of a dying client.  Our elderly client had taken a surprise downturn, and hospice services had begun.  The client’s daughter needed a sounding board, a friend, and a trustworthy legal guide to help her in the uncharted end-of -life process.  We spent thirty minutes discussing the client’s physical care needs, funeral needs, and other important issues.  After the call, both of us were united in our concern for the client.  Nonetheless, if I had been forced to send a bill for thirty minutes of legal time, my relationship with the client and the client’s family would have been wounded. 

Obviously there are many types of legal work which attorneys must bill by the hour.  We are governed by the ethical rules of the Supreme Court of the State of Illinois.  But if you are an attorney and value billing is something you think your firm could offer, Law Firm Fees and Compensation: Value and Growth Dynamics by Edward Poll provides wonderful practical help on how to make a smooth transition to value billing.

I just finished looking at a county bar association listing of attorneys who identify themselves as elder law attorneys.  Frankly, I was a little surprised to see that some individuals who are general practitioners also consider themselves to be elder law attorneys.  I was disturbed when I saw this, because drafting simple wills and trusts does not qualify an attorney to be an elder law attorney.  Wills and trusts may be part of the elder law process at times—but there is so much more involved than that!  Furthermore, litigating cases that have nothing to do with probate or other issues that touch the elderly does not qualify an attorney to be an elder law attorney.

Will the real elder law attorney please stand up?

When trying to find an “elder law”-focused attorney, it’s important to understand how elder law differs from traditional estate planning.  Estate planning, at its simplest, is death planning.  A traditional estate plan is typically designed to do three things:

1. Minimize estate taxes; and
2. Avoid probate court; and
3. Distribute assets from the deceased to the deceased’s heirs.

Elder law, on the other hand, is death planning plus long-term disability and care planning.  The elder law attorney is not only dealing with your estate plan, but must also deal with life care issues in the event that you or your spouse has long term health care needs during the course of your lifetime.  When there is no long term care asset preservation planning, it is quite common to see families spend a $2,000,000 net worth estate when both a husband and wife have long term care needs.  This is a key focus of an elder law attorney.

No one wants to be out of money and out of options before they are out of breath.  While it’s not possible to guarantee specific results, the elder law attorney works with clients and families to guide them through the minefield of public benefits, VA benefits, Medicare, Social Security, special needs trusts, powers of attorney, and Medicaid. Our job is to increase the quality of life for our clients, not just plan for a happy post-death asset distribution.

So if you are trying to figure out who is the real elder law attorney, please ask these questions: “How many Medicaid applications do you/your firm do in a year?” and/or “How many veterans do you/your firm assist with the VA aid and attendance benefits per year?” and/or “How many self-settled Pooled Trust plans have you/your firm done this year?”   If you are looking for an elder law attorney to do any of these things, please use an attorney who can demonstrate that he or she is working in that area every day.  The issues are complex, and you deserve to work with someone who is fluent in elder law.

Veronique finished signing her estate plan documents and looked up at me and sighed, “That is such a relief!  Every time we drive in bad weather, I worry about dying before we have provided for our granddaughters.”  She has a lovely French accent, so those words were definitely music to this attorney’s ears. But then with a note of concern, she looked directly at my face and asked, “How old are you?”  Her worry had just changed from completing her estate plan to worrying about whether or not I would outlive her. She wanted to feel confident that I would be around to help provide guidance for her granddaughter’s trust.  “ I am 58,” I responded, “and the good news is that Law ElderLaw has a second generation built-in. I am the oldest at our firm, but we have many young, capable people here to hold your hand if something happens to me.”

But Veronique was right to be concerned. I was born in 1950 and my life expectancy is about 21 more years.  Just last month when I was on vacation, one of my attorney acquaintances died suddenly of a heart attack. He was 61 and a sole practitioner.  I have no idea what is happening with his client files.  Your attorney should take no offense if you ask, “How old are you?”; “How will you keep track of my file in the future?”; and “What is your succession plan if something happens to you?”  Every client deserves to know the answers to those questions.

It is completely reasonable for you as a prospective client to enquire as to the succession plan of your attorney.  Here at Law ElderLaw one of our goals is to run our law practice with modern, business-style systems designed to care for our clients every step of the way.  Our systems begin with sending our message to prospective clients and ends with our final information and electronic file storage.  We even have our own information technology and media manager, Angenette Moreland. But most importantly, at Law ElderLaw we provide services to our clients as a team.  Running a law practice today requires management of much more than just the legal work, and we take that seriously—for ourselves and for our clients.

At a legal conference on disability planning I once had a lawyer abruptly confront me and ask, “You see your law practice as some kind of religious thing, don’t you?”  He had visited our website at www.lawelderlaw.com and read some of the “Meet Our Team” bios and quotations.  He had seen that a fair number of our employees have expressed their Christian faith by choosing various Bible verses as their favorite quotations.

I am a Christ-follower. Part of what this means is that I hold myself accountable to act in a manner consistent with my beliefs—not always an easy task for any of us, but one towards which I will always strive.

I recently received Ronald Sider’s new book entitled I am Not a Social Activist: Making Jesus the Agenda.  Myron Augsburger’s preface praises Mr. Sider as he comments, “We share many convictions, especially believing that to be truly evangelical (sharing the Good News of God’s reconciliation with man through Christ) is to be committed to justice, equity, the poor, the oppressed, to peace, and to non-violence. As a disciple of Christ, an evangelical cannot harm or ignore one for whom Jesus died. In fact, a true evangelical will look at all persons as invited into a faith relationship with our Lord.”  Mr. Sider is a modern prophet who serves as a model and spokesman for the holistic view of Christianity which states that both faith and action consistent with the words of the bible are necessary to experience what is called “the abundant life.”  I am grateful for Ron Sider’s words and deeds, which have had a profound impact on both the Christian community and on me personally. I aspire to believe and to act in a consistent way with the “way of Christ.”

The book of James in the New Testament of the Christian Bible states that “…faith without works is dead.”  Our actions will show (or prove to others) the reality of our faith.  People act in accord with what they believe. I believe that we are called to live according to the Golden Rule.  Simply put, we are to first love God (recognizing that we are to submit to a “Greater Power”) and second, we are to take the initiative to act in a loving way toward other people (recognizing that serving others is more important than first serving ourselves).

As the lead attorney for Law ElderLaw, LLP, my goal is to lead in a manner that inspires respect from our team itself (both employees and consultants), our clients and their families, and our “adversaries” (the hard-working professionals of the Illinois Department of Healthcare and Family Services, Office of Inspector General, and Department of Human Services, commonly known as the “Medicaid Department”).  The bottom line for me is that I must lead and act authentically and consistently with the Golden Rule, to demonstrate both faith and action, and to:

1.    Love God; and
2.    Act in love to benefit others.

It’s not really a “religious thing” after all. Our law practice is focused on the issues of life, death (whether quick or lingering), disability, health care, caregiver support, estate planning, veterans benefits for the over 65, Medicaid, and healthy spouse survival issues. My work as the lead attorney of Law ElderLaw, LLP is a calling to practice law as “faith at work.”  This combination of faith and action improves lives on both sides of all of our relationships.

Rick

Note:  Team members are not required to share my Christian beliefs. However, each member of the team is expected to fulfill the Golden Rule by actions that honor both friend and adversary.