Elder Law Field Placement Program
Overview
Students in the Elder Law Field Placement work under the supervision of attorneys from Kansas Legal Services (KLS) assisting low-income and low-networth seniors with a variety of legal issues, including landlord-tenant and housing, consumer protection, Medicaid, probate and simple estate planning. Students interact with clients and prepare documents, such as durable financial and healthcare powers of attorney, living wills, transfer on death deeds and wills.
Students are placed with KLS, a private, nonprofit law firm with 11 field offices that serve senior citizens in all Kansas counties. KLS also operates the Kansas Elder Law Hotline. Each office has a Senior Citizens Law Project that serves counties in the vicinity of the office. Generally, students work in the Kansas City or Topeka offices. Arrangements can be made to be placed in Wichita or Manhattan.
Elder Law Field Placement Resources
Students are eligible to apply for the Elder Law Field Placement Program after successful completion of their first year of law school. Students earn 3 credit hours per semester and can participate in either the fall or spring semester. Students can also choose to participate for both semesters.
The University of Kansas Elder Law Field Placement class/clinic provides free civil legal services to Kansas residents age 60 and over, regardless of income. Because clients are not restricted by income, and due to the wide variety of case types the externship accepts, it approximates the general practice of law. Representative case types include: planning for incompetency, surrogate decision-making, guardian/conservatorship, simple estate planning, probate law and procedure, landlord/tenant, consumer protection, collection defense and Chapter 7 bankruptcy, Medicare, Social Security, Medicaid, Supplemental Security Income, elder abuse and long-term care issues.
Due to the nature of the work and level of supervision, this clinic is only open to 2L and 3L students. You are encouraged to enroll in the Elder Law Externship (LAW 901) in both the fall and spring semesters consecutively, but it cannot be taken for more than a total 6 hours of credit. However, students may enroll in only one semester and can take it for a total 6 hours of credit during that one semester. Thus, the Elder Law Externship is basically a 3-hour course each semester, but hours can differ each semester and can be structured according to a student's needs. Taking the "Introduction to Elder Law" class is encouraged, but not required.
"Class component:" The class sessions will meet for 5 weeks. The "class component" is taught by Thomas Lasley, adjunct faculty at KU Law and attorney at Kansas Legal Services. Professor Lasley retired from the private practice of law in 2016 with 40 years of experience in Estate Planning and Elder Law.
"Clinic component:"
(a). The clinic placements will be working out of the Topeka or Kansas City, Kansas, office of Kansas Legal Services, Inc. (It is possible to arrange an internship at KLS offices in Emporia, Manhattan or Wichita, if a student is interested in those placements.) You will be expected to arrange for your own transportation to your placement office. We intend to honor requests for assignment to a particular office as much as possible but reserve the right to make assignments consistent with our need to manage the externship effectively.
(b). You must keep regular office hours in your assigned office, an average of 8 hours per week. At each of these sites, you will be directly supervised by an attorney working with elder clients. You must complete at least 127.5 hours of on-site internship work each semester, for 3 hours credit. This means about 16 days of work, 8 hours a day. Students need a code for enrollment approval, so a completed application is required. Because we are putting you in contact with clients, we want to know a little about you. There is no deadline for enrollment, but there is limited enrollment. If you have any questions or special problems related to application for or enrollment in the Elder Law Externship, please contact: Thomas Lasley, Kansas Legal Services, lasleyt@klsinc.org.
(c). Calculation of Clinic Credit Hours: Depending upon demand, this class is offered in both the fall and spring semesters and students may take it each semester. Credit hours range from a minimum of 2 hours up to a maximum of 6 hours per semester; however, students are only allowed to take this class up to a maximum of 6 hours combined for both semesters, or a maximum of 6 hours in one semester. During the first semester the student takes this class, the student must take it for a minimum of 3 hours of credit. A student will only be allowed to take the class for 2 hours of credit after having first taken it for 3 hours the prior semester. Pursuant to ABA standards, neither class time nor travel time counts towards credit.
A listing of credit hours for required hours of work is as follows:
(1) For 2 hours of credit, a student must work a total 85 hours of clinic time. Again, a student will only be allowed to take the class for 2 hours of credit after having first taken it for 3 hours the prior semester. A student cannot take this class for 2 hours during the first semester of taking this class. Pursuant to ABA standards, neither class time nor travel time counts towards credit.
(2) For 3 hours of credit, a student must work a total of 127. 5 hours of clinic time. During the first semester the student takes this class, the student must take it for a minimum of 3 hours of credit. Pursuant to ABA standards, neither class time nor travel time counts towards credit.
(3) For 4 hours of credit, a student must work a total of 170 hours of clinic time. Pursuant to ABA standards, neither class time nor travel time counts towards credit.
(4) For 5 hours of credit, a student must work a total of 212.5 hours of clinic time. Pursuant to ABA standards, neither class time nor travel time counts towards credit.
(5) For 6 hours of credit, a student must work a total of 255 hours of clinic time. Pursuant to ABA standards, neither class time nor travel time counts towards credit.
In working with the supervising attorney at KLS, students will learn how to do the following:
(1) Use their interrogaion skills in talking directly with applicants and clients who are 60 years or older to determine exactly, in detail, the nature of that person's legal problems.
(2) Communicate effectively with clients face to face and in writing.
(3) Develop skills in analyzing a legal problem, as presented by an actual client, develop legal strategies to assist with the legal problem, communicate those to the client and provide legal representation as appropriate.
(4) Attend site visits with Professor Lasley to meet face to face with applicants/clients.
(5) Use a case management system to record services provided to clients and keep time records.
(6) Learn about the practical aspects of representing and dealing with clients and the practice of law.
Tom Lasley was a partner at two distinguished law firms in Kansas City, Missouri, where his practice primarily involved Elder Law, Estate Planning, Probate and Real Estate law. During that time, his career case involved successfully representing a whistleblower in a national Medicare Fraud matter (known as a Qui Tam case) where, after five years in litigation, the whistleblower ultimately shared with the Federal Government in a multi-million dollar recovery and recoupment of Medicare fraud proceeds from a medical provider. He retired from the private practice in 2016 and since 2018, he has been supervising Elder Law attorneys at the Kansas Legal Services office in Kansas City, Kansas, where among his many duties, he has supervised and mentored numerous interns under the KU Law School Elder Law Field Placement Program. He is licensed to practice law in both Missouri and Kansas and he is the author of a chapter entitled "Will Contests" for the Missouri Bar CLE regarding its reference book on Estate Administration. For the city of Mission Hills, Kansas, he has been a member of its Planning Commission, a member and Chairman of its Board of Zoning Appeals and a City Councilman. His first semester as an adjunct professor for law 901, Elder Law Field placement was spring semester, 2023.
Student Testimonial: 'I got to work on so many different legal issues'
Peyton Weatherbie, L'23
From her first day as an elder law extern with Kansas Legal Services, third-year law student Peyton Weatherbie had the chance to interact with applicants and build her legal skill set. Weatherbie participated in the externship as part of the Elder Law Field Placement Program at the University of Kansas School of Law in fall 2021 and spring 2022.
“I got to work on so many different legal issues. I worked on estate planning issues, housing issues, elder divorce, collections and everything in between,” Weatherbie said. “The Elder Law Field Placement has something for everyone regardless of legal interests.”
Weatherbie shared her experience with the Elder Law Field Placement for a Q&A.
What type of work did you do through the field placement?
From the first day, you interact with applicants, gathering information about their legal issues, and relaying the issue with your supervising attorney. From there, you will build advice or a solution for the applicant and then relay it back to them in a clear way.
You will get to draft documents like powers of attorney, living wills, transfer on death deeds, last wills and testaments, valid settlement agreements and anything in between. You will attend client meetings, document signings, Protection from Abuse proceedings and so much more. You will also get to participate in community outreach events for seniors where you will prepare estate documents on the spot. You may also get the chance to work on improving documents that will be sent to applicants and clients.
What would you say to law students considering enrolling in the Elder Law Field Placement?
Take the jump and do it. I would recommend this to anyone, regardless of interest, litigation or transactional. You will learn so much more than you will ever learn in a classroom about the practice of law. You will learn to think quick on your feet, manage a large and varying caseload, how to communicate efficiently and effectively, how to relay legal advice and ask clarifying questions. Most importantly, you will learn how to interact with people at their most vulnerable, in a compassionate, professional and intelligent way. You will learn how to laugh with clients, snag a tissue during a tough moment, talk people through the losses and celebrate the legal victories.
If you want to learn, and I mean really learn what it takes to be a lawyer, spend just one semester in the Elder Law Field Placement at Kansas Legal Services.
Questions?
Thomas Lasley
Adjunct Faculty
Kansas Legal Services
lasleyt@klsinc.org