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Advocate Jan 2014

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THE ADVOCATE VOL. 72 PART 1 JANUARY <strong>2014</strong><br />

55<br />

NEWS FROM<br />

COURTHOUSE<br />

LIBRARIES BC<br />

By Nathaniel Russell*<br />

“With the ever-increasing impact of technology on the practice of law, a lawyer<br />

using technology must either have reasonable understanding of the technology<br />

used in the lawyer’s practice, or access to someone who has such understanding.”<br />

—Federation of Law Societies of Canada<br />

“Guidelines on Ethics and the New Technology”, April 2002<br />

GUIDING THE CLIMB TO TECHNOLOGICAL COMPETENCE<br />

The above quotation is now 12 years old. Most of this is nothing new.<br />

Lawyers who choose to use technology in the course of practice are<br />

expected to do so competently, and ethically. But what of the technologies<br />

we never chose and just turned up suddenly and invited themselves in: the<br />

social web 1 that wheedled itself into our lives, interconnected our private<br />

details and became enmeshed within the factual matrix of many litigation<br />

files; or the Internet itself, which undergirds nearly all communication—<br />

not just e-mail, but modern landlines too—and interconnects nearly every<br />

modern apparatus, from phones to cars?<br />

Is it even possible to opt out of a “reasonable understanding” of social<br />

media, metadata, GPS tracking, phishing scams, etc.? Or has this choice<br />

been abrogated?<br />

FAMILIARITY WITH TECHNOLOGY AS A CORE CONDITION OF COMPETENCY<br />

Technology is engaged by nearly every chapter in the Professional Code of<br />

Conduct (“the Code”) and can cause issues under any of the head rubrics of<br />

* Nathaniel R. Russell is a liaison lawyer with Courthouse Libraries BC.

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