Elder Law is a legal specialty which has been formally recognized by a few states, including Tennessee.

The American Bar Association has approved the certification and testing program established by the National Elder Law Foundation. In August 1995, specialization in Elder Law was approved by the Tennessee Supreme Court. The National Elder Law Foundation is the only certifying organization recognized by the Tennessee Supreme Court in the field of Elder Law.

To apply for certification, an attorney must have been practicing Elder Law at least five years. The attorney must have handled a certain minimum number of cases in the practice areas that make up Elder Law. The attorney must have taken 45 hours of continuing legal education in Elder Law in the three years preceding the application. The attorney must also take a one-day written exam and provide names of at least five references who are familiar with the attorney's work in the area of Elder Law, at least three of whom must be Elder Law attorneys.

Certified Elder Law Attorneys must also be recertified every five years.

The Tennessee Commission on Continuing Legal Education and Specialization (CLE) does not independently test applicants for certification. For example, to become certified by the Commission as an Elder Law Specialist, a lawyer is not tested on his or her knowledge of or experience in the practice of Tennessee elder law. Instead, the lawyer must prove that he has been certified by an approved certification organization such as the National Elder Law Foundation, have malpractice coverage, pay a fee, and meet a few other requirements that are common to all specialties recognized by the Commission.

For more information on the Tennessee Commission on CLE, click on the link.