Tried and True Marketing Tips to Energize You and Your Practice
By Eric Einhart, Esq.
This breakout session provided a practical look at various marketing strategies from a panel of experienced elder law attorneys.
The session was hosted by Robert Bullock, CELA, CAP, and included Julian E. Gray, CELA; Jennifer H. Sitterley, CELA; Past President Howard S. Krooks, CELA, CAP, Fellow; and Past President Vincent J. Russo, CELA, CAP, Fellow.
Mr. Bullock introduced the panel and stated its goal of the session was to help the attendees learn how to best critique their own marketing plans, become ready to engage in at least one new marketing strategy, and understand what marketing strategies have not worked and why.
The panel members drew on their own experiences running their respective law firms to provide the attendees with real-life examples of some marketing strategies that were effective means of generating revenue and some marketing strategies that turned out to be not-so-effective “learning opportunities,” as Howard Krooks quipped.
Mr. Gray started the panel discussion by explaining the importance of having an excellent marketing team, highlighting the benefits of marketing to health care professionals, and effectively employing social media to promote the services of the firm. He also shared with the attendees that he leases a car wrapped with his firm’s name, logo, and website, which acts as a convenient advertisement for his firm whenever his on-staff social worker makes house calls at various hospitals and nursing homes.
Ms. Sitterley began her portion of the panel discussion by explaining the natural challenges she faces practicing in a sparsely populated area. She then explained one of the ways she overcomes this challenge is to host a “Community Panel,” in which she rents a local facility and invites 10-12 community members and agencies to give an informative presentation to seniors. Ms. Sitterley also explained how she converted a small handicap-accessible RV into the “Plan Van,” which is retrofitted with a meeting/signing table and mobile office. Ms. Sitterley said the Plan Van enables her to meet with clients in rural areas in a cost-effective manner.
Mr. Krooks explained the benefits of connecting with your existing client base in order to focus your firm’s goals and values as well as generate qualified referrals. He detailed a recent successful strategy he called a “Coffee and Conversations Event.” The event is a monthly informal Q&A session with attorneys from his office held at local eatery (i.e. deli, diner, etc.). Mr. Krooks said the events are an effective and relatively low-budget means of connecting with his existing clients and referral sources, and they often result in additional work to be done for an existing client or a qualified referral to a new one.
Mr. Russo emphasized the importance of thinking outside the box, making sure you have a specific goal when establishing a marketing strategy, and remaining focused on achieving your goal. Mr. Russo urged the attendees to become guest speakers on local television and radio shows, to host their own podcasts, or submit written articles to local, regional, and national publications (like NAELA News). Mr. Russo also shared his experience hosting a Thanksgiving event for clients who are enrolled in his firm’s Client Maintenance Program. While providing details of the Client Maintenance Program, Mr. Russo shocked the audience by taking off his jacket and tie, then unbuttoning his dress shirt to reveal a tie dyed t-shirt to show off the theme to his firm’s most recent Thanksgiving event — the 50th Anniversary of Woodstock. He donned the t-shirt as well as a “groovy” bandana for the remainder of the breakout session making it one of the most memorable of the 2019 NAELA Summit.
2019 VA Accreditation Program
By Eric Einhart, Esq.
The 2019 NAELA Summit in Washington, D.C., began with three pre-conference programs, one of which was the highly attended 2019 VA Accreditation Program presented by Michael C. Weeks, CELA.
Mr. Weeks began the program by addressing the initial questions of who is a veteran, and how to determine if they are eligible for VA benefits. Mr. Weeks explained that although these questions may seem overly basic, the answer to them will impact the best way to counsel the veteran and his or her family.
Mr. Weeks then reviewed the basic benefits available to eligible veterans, service-connected compensation, survivor’s benefits, as well as the VA Health System and the priority groups within the health system.
Throughout the three-hour program, Mr. Weeks provided helpful illustrations of his points by pulling from his professional experiences with clients, as well as experiences his own father has as a veteran.
Recognizing the concerns of many of the practicing attorneys who attended the program, Mr. Weeks provided a clear and practical explanation of the Department Veterans Affairs accreditation process and fee structure, namely who can represent a claimant before the VA and how and when you can collect a fee for legal services related to the veterans benefits specific to a particular veteran, general education about veterans benefits, and ancillary services. Mr. Weeks also explained in detail the process of legacy appeals within the VA and provided attendees with an overview of the Veterans Appeals Modernization and Improvement Act (VAMIA), which took effect on February 19, 2019.
Mr. Weeks also reviewed and provided insight into the Improved Pension program (commonly referred to as “Aid and Attendance”) as well as the major changes in the program that went into effect a year before on October 18, 2018. This review included the new net worth test, lookback/penalty period, the concept of covered assets, as well as penalty exceptions and cures. Mr. Weeks also acknowledged some of the overlays in long-term care planning that often occurs with VA benefits and Medicaid benefits, and provided some practical tips and strategies.
The program concluded with some case studies where the attendees gathered in discussion groups where they spotted issues and came up with resolutions. The groups were rewarded with candy Mr. Weeks tossed for correct answers and good effort.
Trial Techniques for Elder Law Practitioners
By Eric Einhart, Esq.
NAELA Past President Shirley Berger Whitenack, Esq., CAP, Fellow, led an enlightening breakout session on the topic of trial techniques.
Whether you are a seasoned litigator, an attorney who handles litigation cases occasionally, or have never set foot inside a courtroom, this breakout session was filled with helpful practical and technical advice provided by Ms. Whitenack, who is both a highly experienced elder law attorney and successful litigator.
Ms. Whitenack’s stated goals were to ensure participants would be able to identify and understand the unique evidentiary issues in litigating elder law cases, know how to interview elderly clients, understand the components of effective oral arguments, direct and cross examination, and be able to draft written discovery.
The scene for the session was set by a general case study with all-too-familiar familial and cognitive issues that elder law attorneys regularly face. The case study, which included an elderly client with mild cognitive impairment, multiple children of the client, two sets of durable powers of attorney, and a deed transfer, was designed to highlight the various techniques and address the learning objectives.
The first issues addressed were to determine who is the client and whether you as counsel could be called as a necessary witness. The answer to both questions will determine how and whether you can move forward with your representation.
Ms. Whitenack suggested that when you believe litigation may be involved, you should begin trial preparation from the first day you get the case. This will help you refine the theories, evaluate evidence, and help you gather facts to possibly support a summary judgment or settlement. She also stressed the crucial importance of independently investigating the facts, by reviewing all appropriate documents and interviewing relevant witnesses.
Ms. Whitenack explained the process of drafting complaints and/or answers to a complaint, as well as the difference between notice pleading and fact pleading. She then reviewed evidence rules and the process of discovery, including the issues of document production, attorney-client privilege, and the difference between a subpoena ad testificandum and a subpoena duces tecum. She also provided practical tips to ensure the validity of your subpoenas as well as some common objections to subpoenas.
Ms. Whitenack also focused on depositions and preparing a witness for depositions and gave helpful advice regarding working with a witness who is elderly or who may have diminished capacity.
Ms. Whitenack concluded the session by walking the attendees through the process of preparing for trial and effective oral arguments and stressed the importance of having a trial notebook to organize your thoughts and arguments as well as supporting documentation.
About the Author
Eric Einhart, Esq., is the Editor-in-Chief of NAELA News.
State and Federal Policy Initiatives in Long-Term Care Finance and Delivery
By Leonard Mondschein, CELA, CAP
Howard Gleckman (a resident fellow at The Urban Institute) presented a historical survey of the successes and failures regarding the financing of long-term care, as well as state-specific changes in the law and predictions for the future. He began his presentation by reminding the audience how the Affordable Care Act contained a modest provision for long-term care, which was later eliminated as financially unsustainable. He explained that over the last 10 years, the sale of traditional long-term care insurance policies has declined, while policies combined with annuities or life insurance have gained traction. However, this market is very small compared to the general population who needs coverage. Also, Medicaid spending for long-term care has been increasing for home care compared to institutional care.
Next, Mr. Gleckman discussed possible proposed solutions for financing long-term care. He described some as impractical, such as increased savings or reforming Medicare, Medicaid, and/or the insurance industry under the present political environment. He talked about specific state initiatives, such as Washington state’s taxation of wages to help finance the cost of long-term care and Maine’s failed attempt to finance long-term care. He mentioned that other states, such as Illinois, California, Michigan, and Hawaii, are looking at adopting a long-term care financing plan.
On the federal side, he talked about President Trump looking at insurance, Bernie Sanders favoring Medicare, Cory Booker advocating for Medicaid, and others recognizing the problem and need for a solution. He also mentioned Rep. Frank Pallone Jr.’s proposed long-term care bill.
Another topic of discussion was a change in Medicare under the Chronic Care Act of 2018. Under the Act, HMO’s can provide additional services such as grab rails, wheelchair ramps, and home health aids to its members. While these are small steps, Mr. Gleckman felt they are good first steps. Since the passage of the Act, these new supplemental benefits have been expanding on a plan-by-plan basis.
In conclusion, Mr. Gleckman noted that tax credits would not help since those who need the coverage would not benefit from that approach. The Long-Term Care Partnership Act has been a total failure, in his opinion. He offered predictions such as the growth of publicly funded long-term care insurance and programs limited to catastrophic situations, possibly with some private funding to supplement coverage.
About the Author
Leonard Mondschein, CELA, CAP, is a member of the NAELA Board of Directors and NAELA News Editorial Board.