By Lisa Stansky

It’s hard to imagine the likes of Mick Jagger as elderly, but he will be someday, along with legions of his baby boomer fans. They’re all going to need lawyers who understand the special legal needs of older clients, creating a practice area with opportunities for new law school grads extending far into the future.

"Elder Law," as it’s dubbed by some in the field, does not focus on one area of substantive law. The practice can be as wide ranging or as specific as one desires, because the needs of older clients touch upon the law governing real estate, Social Security benefits, health insurance, pension plans, trusts, estates, taxation, and even divorce.

Criminal law also comes into the picture. Prosecutors may go after con artists who dip into the bank accounts of vulnerable shut-ins, not to mention those whose abuse leaves physical rather than financial scars.

Whether it’s the public or the private practice arena that beckons to you, there’s an angle involving the elderly.

"I see more law firms opening up what I call an ‘elder law’ practice," says Pamela Dashiell, a member of the American Bar Association Commission on Legal Problems of the Elderly. As for the governmental sector dealing with elder law issues, Dashiell knows it well. Currently legal counsel to the attorney general of Massachusetts, she once was the state’s general counsel of the Executive Office of Elder Affairs.

Career paths in government, Dashiell notes, might include work for the state attorney general in a public protection division that fights elder abuse. District attorneys’ offices are another option for fighting crimes against the elderly, she adds. She also points out that a state attorney general’s Medicaid fraud unit is an option for lawyers who want to go after those who try to fleece the government of these funds. Then there are the state agencies that handle the wide variety of issues of concern to the elderly: housing, health care, living wills, and so on.

To gear up for entering the field, stock up on courses on health law and estate planning, and consider a concentration in elder law if your school offers one, Dashiell advises. And don’t forget to look for summer work that will give you real experience. "We routinely had interns at the Executive Office of Elder Affairs in Massachusetts," Dashiell says.

For those who want to work in the private sphere, there’s an option you might not have considered: divorce lawyer. That’s right, divorce lawyer to the elderly—or those who aren’t nearly so.

A family lawyer for more than 30 years, Constance Putzel observes that divorce seems increasingly common among older clients.

"I’m certainly seeing more divorces [among] people over 50, and the problems are somewhat different," says Putzel, co-chair of the elder law committee of the ABA Section of Family Law and chair of the elder issues committee of the ABA Senior Lawyers Division.

"If they’re in their 70s, it’s going to be very difficult for the one who doesn’t want the divorce to rebuild his or her life," she says. In addition, widows and widowers who marry on the rebound may land in divorce court, as Putzel notes: "Married for 40 years, widowed for a year, remarried, wham!"

Older divorcing clients face legal issues different from those of their younger counterparts, according to Putzel. In addition to splitting up their property, they have to worry about dividing retirement funds and, critically, securing continued medical coverage. This is a big issue for divorced spouses of federal workers, she says, noting that the health benefits end when the marriage does. "Scary," Putzel says.

Another big issue for older divorced spouses is grandparent visitation, a subject the U.S. Supreme Court recently took on in Troxel v. Granville (120 S.Ct. 2054). That decision affirmed the invalidation of a Washington state law invoked by grandparents seeking the right to visit the daughters of their dead son.

In addition to family law, real estate is an often-overlooked realm of private practice that holds opportunities for those who wish to serve older clients. F. Wm. McCalpin, chair of the ABA Commission on Legal Problems of the Elderly, notes that real estate issues often arise among older people seeking legal help. Not only do they often face selling the family home, but many older clients consider buying property more suited to their needs, such as a condominium.

Good legal advice is key to steering clients away from condo deals that are not a good fit, McCalpin notes. Accustomed to having his or her own home, an older condominium buyer might not fully understand the social, practical, and financial aspects of condo life, as well as that all-important relationship with the condominium’s governing body.

No matter what substantive law you may latch onto when launching an elder law practice, McCalpin advises you get some training in alternative dispute resolution while you are still in school.

And like Dashiell, McCalpin has noticed the emergence of small firms—some call them "boutiques"—targeting their practice to elder law issues.

Because you might not find your private practice niche in a megafirm with lots of lawyers to advise you, training in skills and substantive law is critical.

"The best way to position yourself...is to have as broad a background as possible," says Carlton Stansbury, former co-chair of the elder law committee of the ABA Section of Family Law. He recommends that prospective elder law practitioners look for courses in these areas: trusts and estates, taxation, administrative law, and real estate. A financial background also is a boon to elder lawyers, he notes.

When you’re sweating through exams, keep in mind that you’re preparing yourself to do society some good. "You can really feel you’ve made a difference," Stansbury says.

New lawyers should "not expect to get rich, because I don’t see [elder law] as a field that will have a big return on the investment in financial terms," says Putzel, who stresses that the work holds vast personal rewards.

"The fees are not that big, but older people...frequently are lonely and very frustrated by what they’re getting in the medical profession today," Putzel says. "It’s very important to them to have a lawyer who cares."

Find out more about what opportunities elder law holds for you. See the web site for the ABA Commission on Legal Problems of the Elderly (www.abanet.org/elderly), which contains information about ABA initiatives in the field as well as links to related organizations, such as the National Academy of Elder Law Attorneys Inc.

Consider signing up for an ABA committee that focuses on elder law. There is the elder law committee of the ABA Section of Family Law (www.abanet.org/family/info.html). For $6.50 per year, you’ll receive Family Advocate and Family Law Quarterly, plus the opportunity to meet practitioners at the section’s three yearly meetings.

Another option is the elder rights committee of the ABA Section of Individual Rights and Responsibilities (www.abanet.org/irr). For $7.50 per year, you’ll receive Human Rights magazine. The section’s web site contains information on List Serve membership and on internships involving all aspects of civil and human rights law.

Finally, there’s the ABA Section of Real Property, Probate, and Trust Law (www.abanet.org/rppt). For $5 annual student membership, you’ll receive Probate & Property magazine, Real Property, Probate and Trust Law Journal, and the opportunity to network with fellow ABA members in the field through meetings, List Serves, and other resources.