Becoming An Elder Law Attorney: Aba Certification Process

Elder law is a complex and important area of legal practice that deals with issues impacting people aged 65 and over. To become a certified elder law attorney, there are several steps and qualifications needed. First, students must complete a baccalaureate degree and then attend a law school approved by the American Bar Association (ABA). Upon graduation, lawyers must pass a state bar exam to practice law in their state. To become a certified elder law attorney, lawyers must then seek certification through the National Elder Law Foundation (NELF). This certification is known as the Certified Elder Law Attorney (CELA) designation and is recognized by the ABA. To qualify for the CELA designation, attorneys must have practiced law for at least five years, with at least half of their practice focused on elder law in the three years prior to obtaining certification. They must also pass a rigorous written exam and undergo a peer review process.

Take the LSAT and enrol in an ABA-approved law school

To become a certified ABA elder law attorney, you will need to take the Law School Admissions Test (LSAT) and enrol in a law school approved by the American Bar Association (ABA). This is a crucial step in your journey to becoming a lawyer, as it will provide you with the necessary education and credentials to practice law. Here are some detailed steps and considerations to guide you through the process:

Understanding the LSAT:

The LSAT is a standardized test that assesses your analytical thinking, writing, and problem-solving skills. It is designed to evaluate your readiness for the rigours of law school and the legal profession. The test is challenging and often considered one of the world's toughest entrance exams, so preparing well in advance is essential.

Preparing for the LSAT:

Given the difficulty of the LSAT, it is advisable to allocate sufficient time for preparation. Many individuals find it beneficial to dedicate several months to studying for the exam. During your preparation, focus on enhancing your critical thinking and analytical abilities, as these are essential skills for both the exam and your future legal career. Additionally, consider taking practice tests to familiarise yourself with the exam format and timing.

Taking the LSAT:

The LSAT is offered four times a year, in February, June, October, and December. Register for the exam date that aligns with your preparation timeline and be mindful of any applicable fees, which can vary from year to year. As of 2023-24, the cost of the LSAT is $222, plus any additional fees for retakes.

Choosing an ABA-Approved Law School:

Once you have achieved a satisfactory LSAT score, you can begin the process of selecting an ABA-approved law school. There are over 200 ABA-accredited law schools in the United States to choose from. Consider factors such as location, specialisations offered, and the school's reputation when making your decision. Additionally, research the specific admission requirements for your chosen schools, as they may vary.

Enrolling in Law School:

After identifying your preferred ABA-approved law schools, submit your applications, ensuring you meet all the requirements. This typically includes submitting your LSAT scores, transcripts, letters of recommendation, personal statements, and other supporting documents. The competition for admission to law school is intense, so a strong application is crucial.

Pursuing Elder Law Specialisation:

During your law school journey, keep in mind your goal of specialising in elder law. Select courses that pertain to the legal rights of older individuals, such as public policy, health law, medical ethics, and geriatrics. This will provide you with a solid foundation for your future elder law practice.

Completing Law School:

Law school typically lasts three years for full-time programs. During this time, you will delve into a range of legal subjects, developing the knowledge and skills necessary for your future career. Upon successful completion, you will earn your Juris Doctor (JD) degree or Bachelor of Laws (LL.B.) degree.

Obtaining Licensure:

After graduating from law school, you will need to obtain a law license to practice as an attorney. This process typically involves passing a bar examination in the state where you intend to practice. Each state sets its own standards for taking the bar exam, so be sure to familiarise yourself with the specific requirements of your state.

Pursuing Elder Law Certification:

To further establish your expertise in elder law, consider pursuing a Certified Elder Law Attorney (CELA) certification through the National Elder Law Foundation. This certification is widely recognised as the gold standard for elder law practitioners. To qualify, you will need at least five years of legal experience, with a significant portion of your practice focused on elder law.

In summary, taking the LSAT and enrolling in an ABA-approved law school are essential steps in your journey to becoming a certified ABA elder law attorney. This process will provide you with the academic foundation and credentials needed to establish your career and specialise in elder law. Remember to stay focused on your goals, work diligently, and take advantage of the resources and opportunities available to you during your legal education.

Specialise in elder law, taking relevant courses

To become a certified ABA elder law attorney, you must first complete a bachelor's degree and then a law degree. While there are no specific course requirements for pre-law education, taking courses in social studies, government, history, economics, and English is a good way to prepare for law studies.

Once you have been accepted into an ABA-approved law school, you will need to complete the required courses in your first year, such as legal writing and research, contracts, criminal law, constitutional law, torts, and property. In your second and third years, you can focus on specialized courses such as public policy, health law, medical ethics, and geriatrics, which are relevant to elder law.

After graduating from law school with your Juris Doctor (J.D.) degree, you will need to pass your state's bar exam to become a licensed lawyer. Then, to specialize in elder law, you can pursue a master of laws (LL.M.) degree, which is an advanced law certification. LL.M. programs are typically one year long and are offered in areas such as elder law.

To become a certified elder law attorney, you can obtain the Certified Elder Law Attorney (CELA) certification from the National Elder Law Foundation. The requirements for this certification include having at least five years of legal practice experience, with at least half of that time focused on elder law cases. You must also demonstrate "substantial involvement" in elder law and special needs cases by providing proof of a minimum number of cases across various elder law categories. Additionally, you will need to pass a rigorous day-long written examination and undergo a peer review process to assess your reputation for ethical and competent representation in elder law.

There are also other advanced certification programs available, such as the Specialty Certificate Program in Elder Law offered by NALS: The Association for Legal Professionals, and the certificate in Elder Law Specialization offered by the Advanced Paralegal Institute, which is recognized by the National Federation of Paralegal Associations (NFPA). These programs provide additional coursework and training in areas such as estates and trust law, social security, and Medicare.

Gain experience in elder law

To gain experience in elder law, aspiring elder law attorneys are advised to seek internships or clerking positions in this field while studying. This hands-on experience will provide valuable insights into the unique challenges and complexities of elder law and help develop the necessary skills and knowledge for effective practice.

Additionally, when choosing a law school, it is beneficial to opt for one that offers courses specifically related to elder law or the legal rights of older adults. This foundational knowledge will provide a solid framework for future practice in this area. For example, courses in public policy, health law, medical ethics, and geriatrics can offer valuable insights into the specific issues that affect the elderly.

Upon graduation, newly qualified lawyers can seek mentorship programs offered by law firms or bar associations. These programs pair new lawyers with experienced attorneys, facilitating their transition into elder law practice. Working closely with seasoned professionals will enable new lawyers to refine their skills in client interaction, ethical decision-making, and navigating the intricacies of elder law.

Furthermore, gaining experience in collaborating with other professionals, such as social workers and psychologists, is essential in elder law. This collaborative approach is often necessary to protect the rights and best interests of elderly clients and address the diverse challenges they face.

Lastly, it is important to note that elder law is a diverse and evolving area of practice. Attorneys must commit to continuous learning and stay abreast of the latest developments, planning techniques, and changes in laws affecting seniors. This commitment to ongoing education ensures that elder law attorneys can provide their clients with the highest quality of legal representation throughout their careers.

Pass the CELA exam

Passing the CELA exam is a crucial step in becoming a Certified Elder Law Attorney. The exam is a comprehensive written test that covers a range of elder law issues. It is designed to assess your knowledge and understanding of the legal regulations impacting people aged 65 and over. Here are some key details and preparation tips for the CELA exam:

• The CELA exam is a rigorous, day-long written examination. It covers a wide range of topics in elder law, including estate planning, healthcare power of attorney, wills and trusts, long-term care, and Social Security, among others.
• The exam consists of a mix of question formats, including essays that describe real-life situations and ask you to explain how to handle them. The essays are evaluated by a panel of Certified Elder Law Attorneys, who assess your understanding of elder law principles and their practical application.
• To prepare for the exam, ensure you have a strong foundation in elder law and the relevant legal regulations. Familiarize yourself with the twelve categories of legal services provided in an Elder Law practice, as identified by the National Elder Law Foundation (NELF). These include health and personal care planning, pre-mortem legal planning, fiduciary representation, legal capacity counseling, and public benefits advice, to name a few.
• Develop a comprehensive understanding of the Older Americans Act of 1965, which protects the rights of older people, and be aware that specific laws may vary by state.
• Given the breadth of topics covered in the CELA exam, create a structured study plan that allows you to systematically cover all the relevant areas.
• Practice answering essay questions within a time-constrained environment to simulate actual exam conditions.
• Stay updated with any changes or developments in elder law by reviewing recent cases, legal journals, and updates from official sources.
• Consider connecting with other aspiring CELAs or joining study groups to enhance your preparation.
• Finally, remember that the CELA exam has a low pass rate, so a dedicated and thorough preparation strategy is essential.

Maintain your certification

Once you have obtained your Certified Elder Law Attorney (CELA) certification, you will need to renew it every five years. The specific requirements for renewal are not detailed, but it is likely that you will need to continue to meet the same strict criteria as when you first obtained the certification. This includes demonstrating "substantial involvement" in elder law and special needs cases, maintaining ongoing education, and passing a challenging exam.

To maintain your certification, you will need to ensure that you continue to meet the minimum standards for certification set by the National Elder Law Foundation (NELF). These standards include having at least five years of experience practicing law, with at least half of your practice involving elder law specialization for the three years prior to maintaining your certification. You will also need to show that you have handled at least 60 elder law matters during the past three years and participated in at least 45 hours of continuing legal education (CLE) classes in elder law during the preceding three years. Additionally, you will need to submit at least five references from attorneys or judges familiar with your competence and qualifications in elder law.

It is important to note that the requirements for maintaining your CELA certification may change over time, so it is essential to stay up-to-date with any changes to the NELF's standards and requirements. You can do this by regularly checking the NELF website and staying in contact with the organization.

In addition to maintaining your CELA certification, you will also need to maintain your law license. This includes staying up-to-date with any changes to the bar admission standards in the state in which you practice and ensuring that you continue to meet the requirements to take the bar examination.

Maintaining your certification as a Certified Elder Law Attorney will require ongoing dedication, education, and involvement in the field of elder law. By staying engaged and committed to your practice, you can ensure that you continue to meet the high standards demanded by the National Elder Law Foundation and provide your clients with the highest quality legal care.

Frequently asked questions