Marketing by the Elder Law Attorney

There was a time when it was unconstitutional for a lawyer to advertise. However, the courts have held that the public's right to know entitles an attorney to advertise so long as the attorney follows the ethics rules. For example, in Post 174I pointed out that it is unethical to refer to yourself as a Super Lawyer. A lawyer cannot advertise himself as being superior to another lawyer. Therefore, in that post I pointed out that the proper language for a Super Lawyer is as follows:

"Mr. Smith is on a list called Super Lawyers for the year 2011. Such list is prepared by Thomson Reuters. The selection process includes peer nominations, a blue ribbon panel review and independent research of candidates. Such list does not imply a comparison to other lawyers, but is compiled by the above process. This advertisement has not been approved by the Supreme Court."

There are numerous ways for a lawyer to market his services. Public speaking, his or her website, seminars and written communications are some of the typical ways. For example, on my website I post blogs weekly which discuss various topics of interest. In preparing such blogs, I take care to make them as clear as possible and provide information that I think is relevant.

It is important in conveying information that New Jersey law be referenced, in particular, if that law conflicts with the United States Constitution. I have pointed out in numerous posts that New Jersey does not follow the federal Constitution and is more restrictive. For example, disinheritance of a Medicaid recipient, spousal refusal and what constitutes a transfer are some of the areas in which the State is more restrictive than the federal government. On the other hand, the State can be more lenient than the federal Constitution. For example, the 90-day rule and the treatment of a retained life estate as not being a resource are examples where the State is less restrictive. Finally, I do not believe that the elder law attorney can know 90% of the rules. That is, the attorney must be familiar with all the rules otherwise Medicaid can be denied.

As I have pointed out in my posts, the elder law attorney must be familiar with various areas of law. In addition to elder law, the attorney must be familiar with constitutional law, tax law and the law of wills and estate. In addition, in Post 179I pointed out that the lien law and the asset rules were not drafted with reference to each other. Therefore, it is incumbent upon the elder law attorney to advise the client of this discrepancy. That is, in Post 167, I pointed out that the elder law attorney must give the client options and not be dictatorial in light of the ambiguity of the New Jersey law.

Disclaimer: This article does not constitute legal advice and each person may have unique facts for which legal consultation may be necessary.

© March 2012, Post 187