Notably, in October 2019, the Federation of Law Societies of Canada added the following commentary on technological competence to the Model Code: [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. [...] [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. [...] However, the need for the court to operate during the pandemic has brought to the fore the availability of alternative processes and the imperative of technological competency. [...] To limit the impact of a data breach or data interception, all lawyers should 8 Most browsers display a lock next to the web page address in the address bar to signal that the web page is delivered through a secure connection. [...] On crossing international borders, including to or from Canada, lawyers may not be able to rely on claims of solicitor-client privilege to adequately protect clients’ confidential information due to border agencies’ broad interpretation of the “goods” they have the authority to examine.14 Officers may examine the data stored on any electronic device in the actual possession of, or in the accompany.
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- 48
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- Canada
