American Bar Association

A Lawyer's Guide to Working with Special Needs Clients

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The population of persons with disabilities in the United States is large – and growing. No doubt most people know someone who has a disability, and likely knows several people who have disabilities. Persons with disabilities and their family members and caregivers face numerous challenges every day. Further, they often need assistance navigating bureaucracies and developing plans for long-term care and financial security. With so many people clamoring for their attention, the client often finds it challenging or even impossible to determine who might best help them with their specific problems.
A Lawyer's Guide to Working with Special Needs Clients is written by Rick Courtney, an attorney who concentrates his practice on special needs clients and their unique legal issues. The father of a child with special needs, Courtney brings both specific legal information and an informed perspective to a book that is focused on equipping attorneys with the information to assist those clients understand their options and devise solutions.
Understanding the special needs client and their families is the first step in this rewarding area of practice. The book provides an overview of the types of disabilities that may be involved and offers guidance for working with both clients and families. Courtney also provides essential questions to ask clients when beginning representation, why the answers are needed, and how they will help the attorney tailor an effective legal solution. Other chapters address critical issues in representing these clients, including:
  • Special needs practice issues, including financial issues and managing ethical and practice risks
  • Public benefits that may be available, including Social Security and Supplemental Security Income, Medicare, Medicaid, housing, food stamps, and temporary assistance to needy families
  • Special needs education issues
  • Special needs trusts
  • How to build a special needs legal practice
The book concludes with an array of useful forms for a special needs law practice and a bibliography of additional resources for attorneys.
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