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Elder Law Attorneys

Certification, Licensing, and Special Requirements

Certification or Licensing

Specialized voluntary certification is available for elder law attorneys. The National Elder Law Foundation offers certification to attorneys who have been in practice five years or longer, have spent at least 16 hours per week practicing elder law (during the three years preceding their application), have handled at least 60 elder law matters, have had at least 45 hours of continuing legal education in elder law, and have met other requirements. To obtain certification, applicants must also pass an examination. After five years, certified attorneys must be recertified to maintain their status. Additionally, the National Board of Trial Advocacy offers voluntary board certification in civil law, family law, social security disability advocacy law, and other areas. To become certified, the NBTA says that candidates must "be in practice for a minimum of five years, be in good standing in [their] state of admission, pass our board certification examination, demonstrate substantial legal involvement and continuing legal education attendance, and receive favorable references." Contact the board for more information.

To obtain a law license, lawyers (regardless of their specialization) must be admitted to the bar association of the state in which they will practice. Bar admission standards in most states require that students graduate from an approved law school and that they pass a bar examination in the state in which they intend to practice. These exams, usually lasting two days, have questions about various areas of the law, such as constitutional law and criminal law. The tests may also include an essay section and a professional responsibility section. It is important to note, however, that each state sets its own standards for taking the bar exam, and a few states allow exceptions to the educational requirements. For example, a small number of states allow a person who has spent several years reading law in a law office and has some law school experience to take the state bar exam. A few states allow people who have completed law study through correspondence programs to take the bar. In addition, some states require that newly graduated lawyers serve a period of clerkship in an established law firm before they are eligible to take the bar examination. Because of such variations, you will need to contact the bar examiners board of your state for specific information on its requirements.