Standard
As part of a lawyer’s obligation to perform all legal services undertaken on a client’s behalf to the standard of a competent lawyer, they should develop an understanding of, and ability to use, technology relevant to the nature and area of their practice and responsibilities.1
Lawyers and law firms should understand the benefits and risks associated with relevant technology2 and must recognize their ethical duty3 and legal obligations4 to protect confidential information.
Footnotes
1. Rule 3.1-1 (Competence) of the Nova Scotia Barristers’ Society, Code of Professional Conduct, Halifax: Nova Scotia Barristers’ Society, 2012 (“the Code”) and specifically, Commentary 4A.
2. Rule 3.1-2, Commentary 4A and 4B of the Code.
3. Rule 3.3 of the Code (Confidentiality).
4. Schedule 1 (Section 5), “Principles Set Out in the National Standard of Canada Entitled Model Code for the Protection of Personal Information, CAN/CSA-Q830-96,” Personal information Protection and Electronic Documents Act, S.C. 200, c. 5; available online: https://laws-lois.justice.gc.ca/eng/acts/p-8.6/page-7.html
Assessing Technological Competence
A lawyer’s required level of technological competence will depend upon 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:
- the lawyer’s or law firm’s practice areas;
- the geographic locations of the lawyer’s or firm’s practice; and
- the requirements of clients
Tech Competence Checklist
To assist lawyers in assessing whether they are able to fulfill their obligations of technological competence a Tech Competence Checklist has been developed. The checklist is structured as a series of questions on basic technology capabilities that the vast majority of lawyers should be generally familiar with in order to function independently. This is not intended to be an exhaustive list, and in some instances the identified capabilities listed may not be necessary based on the nature of a practice. Once a lawyer has completed the Checklist, it is recommended to review all questions with a “No” answer and to utilize the following list of external resources and training materials to address any such knowledge gaps. The following list of resources has been organized to coincide with the sections contained within the Checklist.
Tech Competence Resources
1. Email (Outlook; Gmail; Apple Mail)
2. Calendar and Scheduling (Outlook; Google Calendar; Apple Calendar)
3. Document Management (OpenText eDOCS; NetDocuments; iManage)
4. Word Processing (MS Word, Google Docs, Apple Pages)
5. Tasks and Bring-Forward Systems (MS Outlook, Trello, MS Planner)
6. Contacts
Google Contacts Help Center | https://support.google.com/contacts/ |
“The ultimate guide to Android contacts management” | https://www.computerworld.com/article/3679708/android-contacts-management-ultimate-guide.html |
“How to organize your contacts like a pro on Android” | https://www.nextpit.com/how-to-organize-your-contacts-on-android |
“How to Manage Contacts on Your iPhone” | https://www.lifewire.com/manage-contacts-on-iphone-578642 |
“Add and use contact information on iPhone” | https://support.apple.com/en-ca/guide/iphone/iph3e0ca2db/ios |
“Manage your contacts in Outlook for Windows” | https://support.microsoft.com/en-us/office/manage-your-contacts-in-outlook-for-windows-f03681a5-fe07-4f2c-bee6-d93d8fab0c00 |
7. Computer Navigation and Systems (Windows, Mac, Google Chrome OS)
Google Search Guide | https://support.google.com/websearch/answer/134479?hl=en |
Google Scholar: the ultimate guide | https://paperpile.com/g/google-scholar-guide/ |
Google Chrome: Create, view & edit bookmarks | https://support.google.com/chrome/answer/188842?hl=en&co=GENIE.Platform=Desktop |
“Bing Advanced Search Tricks You Should Know” | https://www.lifewire.com/bing-advanced-search-3482817 |
“Bing Search Tips and Tricks to improve Search Experience” | https://www.thewindowsclub.com/bing-search-tips-and-tricks |
Safari User Guide | https://support.apple.com/en-ca/guide/safari/welcome/mac |
Safari: Bookmarks | https://support.apple.com/en-ca/guide/iphone/iph42ab2f3a7/ios |
DuckDuckGo | https://duckduckgo.com/ |
Firefox: Learn the Basics | https://support.mozilla.org/en-US/products/firefox/get-started |
Firefox: Bookmarks | https://support.mozilla.org/en-US/kb/bookmarks-firefox |
FindLaw | https://www.findlaw.com/ |
8. Computer Navigation and Systems (Windows, Mac, Google Chrome OS)
9. Video Conferencing (Zoom, MS Teams)
10. Spreadsheets (MS Excel, Google Sheets)
“Excel help and learning” | https://support.microsoft.com/en-us/excel |
“Basic tasks in Excel” | https://support.microsoft.com/en-us/office/basic-tasks-in-excel-dc775dd1-fa52-430f-9c3c-d998d1735fca |
“Keyboard shortcuts in Excel” | https://support.microsoft.com/en-us/office/keyboard-shortcuts-in-excel-1798d9d5-842a-42b8-9c99-9b7213f0040f |
“Excel functions (by category)” | https://exceljet.net/formulas |
“Overview of Excel tables” | https://support.microsoft.com/en-us/office/overview-of-excel-tables-7ab0bb7d-3a9e-4b56-a3c9-6c94334e492c |
“Create a PivotTable to analyze worksheet data” | https://support.microsoft.com/en-us/office/create-a-pivottable-to-analyze-worksheet-data-a9a84538-bfe9-40a9-a8e9-f99134456576 |
“How to use Google Sheets” | https://support.google.com/docs/answer/6000292?hl=en&co=GENIE.Platform=Desktop |
“The Beginner’s Guide to Google Sheets” | https://www.howtogeek.com/425040/the-beginners-guide-to-google-sheets/ |
Numbers for Mac | https://www.apple.com/numbers/ |
Smartsheet | https://www.smartsheet.com/ |
11. Presentations (MS PowerPoint, Google Slides, Keynote)
12. PDFs (Adobe, Power PDF)
13. Printing
14. Practice/Case Management (Amicus, Clio, PracticePanther)
Clio | https://www.clio.com/ |
Prolaw | https://legal.thomsonreuters.com/en/products/prolaw |
Aderant | https://www.aderant.com/ |
Amicus Attorney | https://www.amicusattorney.com/ |
Practice Panther | https://www.practicepanther.com/ |
“The Best Legal Case Management Software” | https://lawyerist.com/reviews/law-practice-management-software/ |
“20 Best Legal Case Management Software Programs for Small and Medium Law Firms” | https://financesonline.com/top-20-legal-case-management-software-programs-small-medium-law-firms/ |
15. Scanning
Adobe Scan | https://acrobat.adobe.com/us/en/mobile/scanner-app.html |
CamScanner | https://www.camscanner.com/ |
Dropbox (camera upload feature) | https://help.dropbox.com/create-upload/camera-uploads-overview |
Evernote Scannable | https://evernote.com/products/scannable/ |
Genius Scan | https://thegrizzlylabs.com/genius-scan/ |
Microsoft Office Lens | https://support.microsoft.com/en-us/office/office-lens-for-windows-577ec09d-8da2-4029-8bb7-12f8114f472a |
Scanner Pro | https://readdle.com/scannerpro |
TurboScan | https://turboscanapp.com/ |
Zoho Scanner | https://www.zoho.com/docscanner/ |
16. Mobile Devices
“How to Connect Your Android Device to Wi-Fi” | https://support.google.com/android/answer/9075847?hl=en |
“Connect to Wi-Fi on your iPhone, iPad, or iPod touch” | https://support.apple.com/en-us/HT202639 |
“How to install Android apps” | https://www.androidcentral.com/how-install-android-apps |
“Delete, disable & manage unused apps on Android” | https://support.google.com/googleplay/answer/2521768?hl=en |
“Download apps on your iPhone or iPad” | https://support.apple.com/en-ca/HT204266 |
“Delete apps on your iPhone, iPad, and iPod touch” | https://support.apple.com/en-us/HT207618 |
17. Internet and Networks
“Five Public Wi-Fi Tips, If You Must Use One: Cybersecurity Best Practices” | https://ediscoverytoday.com/2022/10/21/five-public-wi-fi-tips-if-you-must-use-one-cybersecurity-best-practices/ |
“Public Wi-Fi: An ultimate guide on the risks + how to stay safe.” | https://us.norton.com/blog/privacy/public-wifi |
“Simple Steps to Protect Yourself on Public Wi-Fi” | https://www.wired.com/story/public-wifi-safety-tips/ |
“How to Avoid Public WiFi Security Risks” | https://www.kaspersky.com/resource-center/preemptive-safety/public-wifi-risks |
“Security tips for organizations with remote workers” | https://www.cyber.gc.ca/en/guidance/telework-security-issues-itsap10016 |
18. Digital Signatures (Docusign)
Adobe Sign | https://acrobat.adobe.com/us/en/sign.html |
DocuSign | https://www.docusign.com/ |
HelloSign | https://www.hellosign.com/ |
SignNow | https://www.signnow.com/ |
SignEasy | https://getsigneasy.com/ |
19. Cloud-Based Tools
Dropbox | https://www.dropbox.com/ |
Google Drive | https://www.google.com/drive/ |
Microsoft OneDrive | https://www.microsoft.com/en-ca/microsoft-365/onedrive/online-cloud-storage |
Box | https://www.box.com/ |
Citrix ShareFile | https://www.sharefile.com/ |
“5 Best Practices for Cloud Security” | https://azure.microsoft.com/en-us/resources/five-best-practices-for-cloud-security/ |
“Collaborate securely across organizational boundaries and Microsoft clouds” | https://techcommunity.microsoft.com/t5/microsoft-entra-azure-ad-blog/collaborate-securely-across-organizational-boundaries-and/ba-p/3094109 |
20. Time Entry (Timekeep, ProLaw)
ProLaw | https://legal.thomsonreuters.com/en/products/prolaw |
Clio | https://www.clio.com/ |
ProLaw: Firm Central and Time & Billing Explainer | https://legal.thomsonreuters.com/en/products/firm-central/time-billing |
“Employee timekeeping software” | https://www.adp.com/resources/articles-and-insights/articles/t/timekeeping-software.aspx |
“10 Ways Clio Simplifies Lawyer Time Tracking” | https://www.clio.com/blog/lawyer-time-tracking/ |
“The 5 best time tracking apps in 2023” | https://zapier.com/blog/best-time-tracking-apps/ |
21. Financial Management (Aderant, 3E, Clio)
Aderant | https://www.aderant.com/ |
ProLaw | https://www.elite.com/products/prolaw/ |
Clio | https://www.clio.com/ |
“Why your law department needs a budget” | https://legal.thomsonreuters.com/en/insights/articles/drafting-a-law-department-budget |
“Planning the first budget for a new law firm” | https://legal.thomsonreuters.com/en/insights/articles/steps-for-planning-a-new-law-department-budget |
“Year-End Law Firm Accounting: Everything You Need to Know” | https://www.clio.com/resources/legal-accounting/year-end-law-firm-financial-best-practices/ |
“A Complete Guide to Law Firm Structure & Effective Management” | https://www.clio.com/blog/law-firm-management/ |
“Business Case: Building a better legal budget” | https://www.canadianlawyermag.com/news/general/business-case-building-a-better-legal-budget/267126 |
“How to create (and stick with) a project budget” | https://asana.com/resources/project-budget |
22. Research
CanLII | https://www.canlii.org/en/ |
Lexis Advance Quicklaw | https://www.lexisnexis.ca/en-ca/products/lexis-advance-quicklaw.page |
WestlawNext Canada | https://www.westlawcanada.com/home/ |
HeinOnline | https://home.heinonline.org/ |
Wolters Kluwer / CCH Online | https://www.cch.ca/products/cch-online/ |
Assessing Risks and Benefits of Technology
Technology is capable of supporting law practices in numerous ways, but also presents risks that can expose lawyers to potential liability to their clients if they do not fully appreciate the risks and strategies to mitigate those risks. Lawyers should not only assess their technological competence and improve their knowledge with the above resources, but they should also inform themselves of these risk mitigation strategies. One such additional tool is the NSBS Cloud Computing Checklist contained as a resource under Law Office Management Standard #5: Cloud Computing.
Protecting Confidential Information
Whether through the naming of a Chief Privacy Officer and implementing a formal privacy management program at larger firms, or the sole practitioner assuming these responsibilities on their own, to be technological competent lawyers and law firms have a duty to understand the purpose behind how personal information is collected, used, disclosed, retained, and destroyed over the course of managing their practice – and to dedicate resources to meet these obligations.
Specifically, lawyers and law firms should consider the following actions when approaching privacy compliance under PIPEDA:
- Ensuring clients know the reasons behind your collection of their personal information (e.g., conflict checks) and securing their informed consent.
- Developing clear retention policies so clients understand their personal information will only be retained for as long as is needed to finalize the retainer, work on the file, etc.
- Advising clients about how their personal information could be used and disclosed for secondary purposes and understanding the level of consent that could be required.
- Creating a system for clients to access their personal information upon written request.
- Establishing security safeguards to protect the personal information of your clients; these could include physical and technical measures (e.g., access controls and limitations depending on practice areas; IT resources to enhance cybersecurity resiliency, etc.)
- Maintaining a formal data breach response plan and notification process if/when necessary.
- Understanding any additional obligations that may arise when transferring clients’ personal information outside of Nova Scotia (e.g., provincial privacy laws in Quebec and Alberta; potential new laws in Ontario and B.C.), and Canada.
- Developing and implementing a privacy management program that includes formal policies and procedures to specifically outline how the lawyer and law firm protect personal information, deal with complaints, train staff, and explain these processes in plain language.
- Implement a compliance system to deal with any future federal privacy commissioner audit request.
Artificial Intelligence
- See NSBS Artificial Intelligence in the Practice of Law
- Professional-responsibility-and-AI.pdf (lawsociety.bc.ca)
Technology and Accommodations for Persons with Disabilities
- Web Content Accessibility Guidelines (WCAG)
- Federal government Standard on Web Accessibility
- Nova Scotia Accessibility Directorate
- Nova Scotia Accessibility Act
Cyber Security Resources
- Cybersecurity | NIST
- Canadian Centre for Cyber Security
- Cyber security – Canada.ca
- Blog Posts (cisecurity.org)
Approved by Council on April 26, 2024