314 THE ADVOCATE
VOL. 78 PART 2 MARCH 2020
The Federation of Law Societies of Canada amended its Model Code of Professional
Conduct to add the following commentary to the competence rule
4A To maintain the required level of competence, a lawyer should
develop an understanding of, and ability to use, technology relevant to
the nature and area of the lawyer’s practice and responsibilities. A lawyer
should understand the benefits and risks associated with relevant technology,
recognizing the lawyer’s duty to protect confidential information
set out in section 3.3.
4B The required level of technological competence will depend on
whether the use or understanding of technology is necessary to the
nature and area of the lawyer’s practice and responsibilities and whether
the relevant technology is reasonably available to the lawyer. In determining
whether technology is reasonably available, consideration should
be given to factors including:
(a) The lawyer’s or law firm’s practice areas;
(b) The geographic locations of the lawyer’s or firm’s practice; and
(c) The requirements of clients.
The American Bar Association has a similar provision in its Model Rules of
Professional Conduct, which has been adopted by 37 states. While the above
commentary is part of the Model Code, it is up to the individual provincial
and territorial law societies to decide whether to add it to their respective
2020 marks the 100th anniversary of the first model code of professional
conduct in Canada: the CBA’s 1920 Canons of Legal Ethics.
According to Wikipedia, the name of the town of Jupiter, Florida is derived
from the name of the local Hobe people. A mapmaker recorded as “Jove”
the Spanish spelling of “Hobe” (Jobe), and later mapmakers thought this
was intended to be a reference to the Roman god Jupiter (the Greek Zeus).
William Milner Everett, Q.C., was reappointed as a commissioner of the
British Columbia Utilities Commission for a term ending February 18, 2022.
Miriam Kresivo, Q.C., was reappointed as a commissioner for a term ending
December 31, 2021.
Christopher W. Sanderson, Q.C., was reappointed as a director of the
British Columbia Hydro and Power Authority for a term ending January 31,
Noted a dissenting judge who favoured the ability to consider newly discovered
evidence, “maybe that is the time to use the Greek goddess of justice