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LEGAL PROFESSION AND THE OLDER PERSON - A SHARED RESPONSIBILITY (FROM JUSTICE AND OLDER AMERICANS, 1977 BY MARLENE A YOUNG RIFAI - SEE NCJ-44336)

NCJ Number
44344
Author(s)
V L SCHMALL; S A AMES; D A WEAVER; C A HOLCOMB
Date Published
1977
Length
11 pages
Annotation
THE RELATIONSHIP BETWEEN THE LAWYER AND THE ELDERLY CLIENT IS EXAMINED FROM THE PERSPECTIVE OF EACH PARTY, AND A SIMULATION EXERCISE AIMED AT SENSITIZING LAWYERS TO THE PROBLEMS OF THE ELDERLY IS SUGGESTED.
Abstract
THE EXPANSION OF GOVERNMENT PROGRAMS FOR THE ELDERLY AND THE INCREASING NUMBER OF AGE-RELATED LAWS INDICATE THAT LAWYERS, AGENCY PERSONNEL, AND OTHER LEGAL PROFESSIONALS WILL FIND INCREASING NUMBERS OF ELDERLY PERSONS AMONG THEIR CLIENTELE. LEGAL PROFESSIONALS ARE LIKELY TO HAVE CONTACT WITH ELDERLY PERSONS IN TIMES OF CRISIS. BECAUSE THE LEGAL PROFESSIONAL'S ASSISTANCE AND DECISIONS CAN DRASTICALLY AFFECT THE LIVES OF OLDER ADULTS, IT IS IMPORTANT THAT THE PROFESSIONAL UNDERSTAND THE NEEDS, CONCERNS, AND PROBLEMS OF THIS AGE GROUP. HOWEVER, RESEARCH DATA SUGGEST THAT MANY PROFESSIONALS HAVE ATTITUDINAL PROBLEMS WITH REGARD TO THE ELDERLY WHICH OFTEN ADD TO THE NUMEROUS OTHER DIFFICULTIES ENCOUNTERED BY THE ELDERLY. ILL HEALTH, LACK OF MONEY TO PAY LEGAL FEES, FEAR OF THE LEGAL SYSTEM, LACK OF KNOWLEDGE ABOUT AVAILABLE SERVICES, AND RELUCTANCE TO ASK FOR ASSISTANCE ARE AMONG THE FACTORS LIMITING ACCESS TO THE LEGAL SYSTEM FOR THE ELDERLY. LAWYERS REPORT THAT ELDERLY CLIENTS TEND TO REQUIRE LENGTHIER CONSULTATION. LIMITED EXPERIENCE WITH THE ELDERLY AND INADEQUATE EDUCATION CONCERNING THE LEGAL PROBLEMS OF THE ELDERLY OFTEN LEAVE YOUNG LAWYERS OUT OF TOUCH WITH OLDER CLIENTS. SOME LAWYERS NOTE THAT AGE-RELATED PHYSICAL PROBLEMS MAKE IT DIFFICULT TO COMMUNICATE WITH ELDERLY CLIENTS. IT IS SUGGESTED THAT LAWYERS WHO ARE GENUINELY CONCERNED FOR THE WELL-BEING OF OLDER CLIENTS NEED TO GAIN INSIGHT INTO WHAT IT MEANS TO BE OLD. A SIMULATION EXERCISE DESIGNED TO ACQUAINT PEOPLE WITH THE FRUSTRATIONS OF VISION, HEARING, DENTAL, AND ARTHRITIS IMPAIRMENT IS DESCRIBED.

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