As part of our celebration of David Inabinett’s 30 years with Brinkley Walser Stoner, we sat down with him to reflect on how the practice of law, and elder law and estate planning in particular, has changed over three decades. From the rise of new technology to shifting client expectations, David shares what’s stayed the same, what’s evolved, and what he’s learned along the way.
1. When you started practicing law in 1996, what did estate planning or elder law look like compared to today? What’s changed the most?
I enrolled in the early years of Wake Forest Law School Clinic for the Elderly course offered – the practice area of “Elder Law” was relatively new and unknown by many attorneys and clients. Brinkley Walser Stoner had always maintained a “Wills and Estates” practice but areas of public benefits and special needs planning, advanced directives and guardianship work was more uncharted. This has grown to the point of being a sole area of focus for many practitioners.
2. Technology has reshaped so many industries. How has it changed the way you practice law, from research to client communication to how documents are prepared?
Instantaneous and 24 hour/day communication ability has changed the practice and client expectations. Our firm’s law library has all of the NC supreme court reporters since Volume 1 in 1778. I first learned legal research by pulling hard copies of supreme and court of appeals court reports and general statutes off the shelf and making xerox copies of cases and relevant statutes for client research or case preparation. In 1996 we had one computer monitor in the law library on which the “world wide web” could be accessed to log onto Westlaw and print off relevant cases or materials. The fax machine still whirred and phone messages were taken down on pink slips by a legal assistant and laid in the attorney’s in-boxes. Several legal assistants still took “shorthand” and we all dictated correspondence and legal documents via a hand-held Dictaphone for transcription and typing by a legal assistant. The exchange of information and request for work, review and drafting of legal instruments came at a much slower pace as things generally shut down around 5:30 pm daily as far as communications other than incoming faxes overnight.
3. How have client expectations shifted over the past three decades? Do people come in with different concerns or more information than they used to?
Immediate accessibility and communication expectations have increased. Clients also come in with an expanded access to information and input from friends or influencers, but often without the ability to correctly or appropriately apply that to the situation at hand or the particular nuance that their legal question raises. Foundational concerns are not that different but the speed of change in clients individual and business matters and knowledge of what to even be concerned about has increased.
4. What’s a case or a type of matter that barely existed when you started that’s now a regular part of your practice?
Representation of public boards and organizations subject to public records requests and open meetings laws has grown significantly more challenging with electronic means of communication and potential pitfalls of complying with requirements of open meetings and public records requests which can come in daily via email and include all electronic communications of those boards and public officials.
5. Looking back, is there a piece of legal advice or a best practice from your early career that still holds true today, even as the law around it has changed?
Despite the expansion of knowledge and specialties, a lawyer must still be as prepared as possible anticipating all angles of a legal issue. For the locale in which I practice, I still find the advice of being a strong “generalist” has benefitted me from narrowing to one particular “specialty” in the law. And lastly I recall Walt Brinkley’s comments that the law is a floor, not a ceiling, as a way of encouraging clients to strive for more than the bare minimum that the law would require them to do in situations requiring ethical considerations, not mere legal analysis.
6. If you were advising a young attorney just starting out today, what would you tell them about adapting to a profession that keeps changing?
Be prepared, build strong community and client relationships, stay true to the Rules of Professional Responsibility and ethics of representing and advising clients to the best of your ability while trying to manage their expectations early on as it is very busy and intense maintaining the volume and rapid fire communication that is now standard operating procedure. Last, but very important is maintaining a life apart from the practice of law as this will make you a better attorney, better spouse, parent, friend and leader in your community.