Page 45 - Bancroft Legal Planning Guide
P. 45

  Have you presented any programs on behalf of the Pennsylvania Bar Institute on topics of elder law?
An invitation from the Pennsylvania Bar Institute, the educational arm of the Pennsylvania Bar Association, to teach elder law to attorneys throughout the State demonstrates that this person is someone recognized by his or her peers as an expert in the field.
Do you litigate adverse decisions in elder law cases? How many elder law cases have you litigated regarding the issues involved in my case? What is your track record of success in litigating adverse elder law decisions?
Some lawyers who take on elder law cases have
no litigation experience. Other lawyers may be experienced litigators but do not know or understand the law applicable in elder law matters. In either
case, this can put the client at a great disadvantage. The Pennsylvania Department of Human Services,
the agency that administers Pennsylvania’s Medicaid program, occasionally takes positions contrary to federal mandates, often with the expectation that it will get away with it due to the scarcity of knowledgeable attorneys who are willing and able to litigate. But when faced with a credible challenge it will usually back down.
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