by John David Epperly*
Real property law and real property practice in Virginia are changing. Some of the changes are subtle, some not so subtle.
Look again at those two statements. Couldn’t someone say the same thing every year without fear of being wrong, too dramatic, or overly controversial? Maybe, but I believe that it has never been more true than it is now. And the change is rapid.
As much as I hate to jump on the bandwagon and use the word, I have no choice but to do it. Technology is bringing about a lot of this change. The old saying, "necessity is the mother of invention," may still have some truth in it, but technological advances, especially those involving the electronic storage and transmission of data, beg us to question whether a more accurate expression might be, "invention creates the need." What exactly do I mean by that? Fax machines, copiers, word processing, voice mail, computers, the internet, email, cell phones, laptops, wireless internet -- all really coming about in the last twenty years -- rather than really arising from old Mother Necessity, have instead created their own need. It is the need, or maybe more accurately, the expectation of being able to do and get things faster, better, and, yes, cheaper. And, as with society in general, it has had a profound effect on the legal system and profession, and the way we lawyers do things in particular.
Can anyone really disagree that clients now expect the same thing from lawyers providing "legal services" that customers expect from any business providing any other kind of service? I don’t think so. The practical effect of all this, besides allowing some of us to further refine our skills at procrastination, is that clients expect that will, that deed, that trust agreement, that power of attorney, that contract, or even that real estate settlement to be done sooner, to be done better, and to be done cheaper. Whether that expectation is fair or reasonable doesn’t really matter, because the expectation is very real. And others are providing services that before were exclusively provided by lawyers -- tax advice, incorporation, wills and trusts, and real estate settlement services, to name a few.
My point is that more than ever, we need to keep up. Not only with the technology, but also with the effect the technology has had on the way we practice law -- with what is expected of us as lawyers. And of course we have to keep up with the law at the same time. But we now have to keep up with it all faster and better, and, with any luck, maybe cheaper.
One way to help you keep up is through the Real Property Section. The newsletter you hold in your hand is one means of doing that. Great effort goes into every issue, from its editor Professor Lynda Butler, from the authors who contribute to each issue, from Felicia Burton and others who work with Lynda getting every issue ready for the printer. We are very proud of the Fee Simple, and rightly so. But we are also proud of the other work we do. Visit our Section website at <www.vsb.org> to see another example. We are helping other lawyers keep up with what is going on out there, and in many instances even shaping what is going on out there. This is a vibrant, thoughtful, practical, and diverse group. The very fact that I, who "retired" as a practitioner more than ten years ago, am the Chair is a tribute to the Section’s diversity (and also its tolerance). Everyone out there has something to bring to the table, something that can help other lawyers, and the public. And it will help you in the process.
I urge you to get involved with the Section. If you are interested in getting involved, consider becoming an Area Representative. The Area Reps are our lifeline to all the lawyers out there. We especially need more representation from the western and southwestern part of the state, and we always need new blood from anywhere. Feel free to contact me or any of the folks you will find listed in this issue and we will be glad to talk to you about becoming involved in the Section. You won’t regret it.
As a final note, I would like to thank all of our Board members and Area Reps for their past and continuing efforts on behalf of the Section. And I would like to thank last year’s Chair, Susan Hepner Siegfried, for all her fine work, and, on a personal note, for her kind words and encouragement to me.
*John David Epperly is a resident of Falls Church and is Virginia State Counsel with Fidelity National Title Insurance Company of New York in its Fairfax office. He is also Chair of the Real Property Section, and a member of the Virginia and Fairfax Bar Associations.