Elder Law Attorneys

According to the U.S. Department of Labor, the demand for all lawyers is expected to grow as fast as the average for all careers from 2023 through 2033, but employment for attorneys who provide services for the elderly and persons with disabilities is expected to grow by 26.7 percent during this same time span. Factors that are fueling this rapid growth include the rapidly expanding elderly population, increasingly complex laws, and unprecedented health care issues. All of these factors combine to make for a substantial client base in need of elder law attorneys. The Administration on Aging estimates that 69 percent of people over 65 will require a nursing home or other long-term care at some point, but few of them have planned financially for that eventuality. People are living longer and encountering a variety of health care problems, many of them debilitating. The sheer numbers of elderly people alone point to a promising future in this career.

However, the outlook is also affected by governmental changes and public policy. It is important to remember that since a majority of elder law clients are seeking legal advice and assistance for Medicare/Medicaid issues, the outlook for the profession is significantly affected by changes in law. If there is a decrease in public benefits, this will affect the workload for elder law attorneys. On the other hand, if more people receive access to health care via new legislation (such as the Patient Protection and Affordable Care Act, which was passed in 2010), opportunities should increase for elder law attorneys. Additionally, many people do not seek out an elder law attorney in particular for issues such as long-range planning, asset protection, guardianship, and probate practices; rather, they are likely to bring these issues to their regular attorney. In other words, attorneys who may not specialize in elder law often handle a large number of cases involving elder law issues.

The large number of law school graduates each year has created strong competition for jobs, and new attorneys, even those with an eye toward elder law specialization, will initially face stiff competition for jobs.

Lawyers in solo practice will find it hard to earn a living until their practice and reputation are fully established. The best opportunities exist in small towns or suburbs of large cities, where there is less competition and new lawyers can meet potential clients more easily.