Student FAQs

Who should take this clinic course?
Those students who want experience in a small firm environment, handling the types of cases taken by general civil practices. Also, students interested in developing the skills of interviewing and counseling clients. Second year students who are in their second semester, and all third year students may take this Clinic, if they are in good standing. There are no prerequisite courses. Students learn how to draft advice letters to clients, practice problem solving and negotiating, and may get some litigation experience. Students also learn how to prepare and execute basic wills and powers of attorney. They gain experience valuable to law firms who need new lawyers who have made the transition from class-room learning to actual practice. We recommend you look at our past newsletters to see what students do!

What is Elder Law?
Elder law, a term coined in the 1980s, focuses on the legal problems of older adults. Why? Because they are the fastest growing part of the population. Elder law issues affect all income groups in the U.S. It is considered a "hot" area of practice. Elder law grew out of the field of wills and estates, but is now much broader. There are many kinds of elder law practices. They can include, for example:

Health law and health care coverage, including managed care issues
Guardianships, and other litigation focused on mental capacity issues, such as challenges to wills
Nursing home negligence litigation
Handicap and age discrimination cases
Trusts and benefits for disabled people
Counseling about investing in retirement communities
Pension rights

Most state bar associations, including the N.C. Bar Association, have elder law sections. There is also a national specialty exam in elder law, approved by the American Bar Association. Check out the National Academy of Elder Law Attorneys for more about elder law.

Is the Clinic only for students who want to practice elder law?
Absolutely not. Students gain practical lawyering skills useful in any law practice where lawyers have individual clients. Clinic participation also demonstrates interest in public service work and community involvement, valued by many employers.

How does The Elder Law Clinic differ from the Litigation Clinic?
First, The Elder Law Clinic requires eight hours to ten hours per week in Clinic; the Litigation Clinic requires ten to eighteen hours per week. Both Clinics carry four credits. Both Clinics offer good experience, and many students will take both during their law school education.

Are there prerequisite courses for The Elder Law Clinic?
No, but see the 2008-2009 recommended courses listed below:

200 - Legislation and Administrative Law
206 - Taxation: Federal Income (Prerequisite for Tax Courses)
212 - Taxation: Federal Estate and Gift
303 - Debtor-Creditor Law
306 - Decedents' Estates and Trusts
509 - Insurance Law
511 - Consumer Protection
524 - Law and Medicine
525 - Health Care Law and Policy
537 - Donative Transfers (Future Interests)
565 - Dispute Resolution
570 - Pre-Trial Practice and Procedure
594 - Bio-Ethics
603 - Litigation Clinic
610 - Trial Practice
621 - Estate Planning
635 - Taxation: Income of Trusts and Estates

How is the course graded?
Click on these items to see how E-Clinic students are graded:

Are students paid in Clinic?
No. American Bar Association standards for law schools prohibit payment. However, students are hired during the summer to work full-time, and are paid. For these positions, preference is given to students who have taken The Elder Law Clinic course.

How does the Clinic get cases?
Cases come from many sources: former clients, social service agencies, news coverage, private lawyers, the Legal Aid Society, and staff at the Wake Forest University Baptist Medical Center. People aged 60 or over, with low to moderate incomes, may become clients. They may own a home and have some savings. The financial criterion is a function of the federal poverty guidelines. The Clinic serves people in Forsyth and the surrounding counties. Students may only give legal advice to people who have been accepted as Clinic clients. They may not give legal advice to callers, students, or university employees.

Do Clinic students determine callers' financial eligibility?
No. Clients usually are screened for financial eligibility prior to coming in for the first time. Generally, once a person is scheduled to come in for an appointment, the Clinic will accept their case. However, occasionally, at the first interview a case will turn out to be inappropriate for the Clinic. If that occurs, the Managing Attorney will inform the individual that the Clinic cannot accept the case. All of the work for clients is free. Students may not accept compensation or gifts from clients.

When does the course start and stop?
We start and finish according to the same schedule as the other classes in the law school.

How much time do students spend in this Clinic?
You can expect to spend 8 to 10 hours - and sometimes more - in the Clinic per week. This time is in addition to the regular 2 hour class. It is likely that your time commitment will exceed the normal eight to ten hours per week as a result of court time tables, time consuming interviews, travel to meet with clients, or other factors. Law practice is not always predictable. We are usually able to reduce a student's hours later in the semester, if he or she has had extra demanding weeks. Keep in mind that The Elder Law Clinic can be intense, exciting, and exhausting, but it will also be rewarding. Quality work takes time - please be prepared for this. Students who find that they are regularly exceeding 8-10 hours per week in the Clinic are expected to communicate this to the managing attorney, if it is a concern for them. Spending long hours does not translate into a high grade for students. (So, please don't bring in a sleeping bag and a change of clothes!) Here's an example of a typical E-Clinic Schedule.

What if the student needs to take time off?
If a job interview or other pressing matter conflicts with the student's schedule in Clinic, he or she must discuss it with the Managing Attorney. Time missed will be scheduled to be made up.

What do students wear to Clinic?
Students and staff dress as in other law offices. Dresses, skirts, suits, sports jackets, and similar business attire is worn. Business casual attire may be worn when a student does not have a client appointment.

What is the drop/add policy for The Elder Law Clinic?
Because The Elder Law Clinic needs continuity in its work for clients, the Dean has adopted a policy of not allowing students to drop this course after the first class, without getting a "w" on the student's transcript.

Why is The Elder Law Clinic at the WFU Baptist Medical Center?
Many of the legal issues of older adults relate to medical problems. Consider, for example, Alzheimer's disease or other dementia: a person suffering from this may need a court appointed guardian. Many older people want to designate a relative to make medical decisions for them; Clinic students help them by drafting statutory health care powers of attorney. At the medical center, the Sticht Center on Aging was built to provide comprehensive services to older people. Law students are fortunate to have nationally recognized geriatricians teach the Clinic about mental capacity issues. A hospital chaplain and physician teach students about bioethics issues in end-of-life medical treatment. Clinic students tour the ICU (intensive care unit) or Hospice Home, with these experts. The exposure to medical information provides law students with a superior background for elder law cases. In addition, being a part of the medical center team allows the Elder Law Clinic to provide higher quality services to its clients.

How do I get to and park at The Elder Law Clinic?
Driving directions to the Elder Law Clinic can be found here.

Clinic students do not pay to park. Parking is available in the covered parking deck adjoining the building where the Clinic is located.

Other questions?
If you have other questions, please contact Jan Scales or call 336-713-8630.