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What does the formal duty of technological competence require from Alberta lawyers?

LawyerTechnologyCompetence

 

In October 2019, the Federation of Law Societies of Canada amended its Model Code rule on competence to include explicit reference to technological competence. Several provincial and territorial law societies, including Alberta, have incorporated this amendment into their respective codes. The fact that there now exists a formal duty of technological competence raises the question of what, exactly, does this duty entail? What does this duty require from lawyers?

We are pleased to have Professor Amy Salyzyn present for us the “6As” taxonomy for thinking about lawyer technological competence – modern lawyers need be Automated, Aware (of technological risks), operate as Avatars (i.e. competently deliver services digitally), use AI to Augment their legal practices, be Acquainted with emerging AI technologies, and be Attentive to how AI in being used in the justice system. Join us on May 19th to learn more.

Professor Salyzyn is an Associate Professor in the Faculty of Law, Common Law Section at the University of Ottawa and a Faculty member of the Centre for Law, Technology and Society. She received her J.S.D from Yale Law School for her dissertation exploring the judicial regulation of lawyers in common law jurisdictions. She also received her LL.M. from Yale Law School and her J.D. from the University of Toronto. She has written extensively in the area of legal ethics, lawyer regulation, the use of technology in the delivery of legal services, and access to justice.

This webinar is part of our Alberta Legal Technology Conference.

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Meet the Faculty: Criminal Law Webinar Series

We have an outstanding line-up of faculty for our upcoming Criminal Law Webinar Series. This 6-part series takes place on Fridays this coming April–June, 2021. Join senior practitioners as well as members of the bench for an in-depth discussion on essential criminal law topics. Attendees will explore topics including, pre-trial motions, search warrants, search and seizure, experts, hot topics (such as crossing the border with electronic devices, and how the global pandemic has affected the practice of criminal law), and more. This interactive series will incorporate a Q&A at the end of each session.

Scroll below for faculty details and click here for more information and to register. (Plus, did you know you can save $225 when you register for all 6 sessions before April 9?)

 

Co-Chairs:

Judge A.J. Brown, Provincial Court of Alberta

Paul M. Bourassa, Bourassa Law & Strategic Services

 

Presenters:

April 9, 2021 | Disclosure and Pre-Trial Motions

Judge G.B. Lepp, Provincial Court of Alberta

Matt Dalidowicz, Crown Prosecutor’s Office

Christine Mainville, Henein Hutchison LLP

Mathieu St-Germain, Calgary Police Service

 

April 16, 2021 |  Search & Seizure A: Warrants and ITOs

Judge J.L. Dixon, Provincial Court of Alberta

Justice of the Peace J.K. Conley, Provincial Court of Alberta

Sgt. Nick DaleRoyal Canadian Mounted Police

Kaysi Fagan, Kaysi Fagan Professional Corporation

 

April 23, 2021 | Search & Seizure B: Analysis of an ITO

Judge A.J. Brown, Provincial Court of Alberta

Justice of the Peace J.K. Conley, Provincial Court of Alberta

Sgt. Nick DaleRoyal Canadian Mounted Police

Kaysi Fagan, Kaysi Fagan Professional Corporation

 

May 7, 2021 | Experts

Judge L.K. Stevens, Provincial Court of Alberta

Adriano Iovinelli QC, Foster Iovinelli Beyak Kothari

Carla L. MacPhail, Crown Prosecutor’s Office

 

June 11, 2021 | Charter Notices

Judge J.B. Hawkes, Provincial Court of Alberta

Kimberly Arial, Arial Law

Michael Ewenson, Crown Prosecutor’s Office

 

June 18, 2021 | Criminal Law Hot Topics

Judge S.A. Cleary, Provincial Court of Alberta

Prof. Steven Penney, University of Alberta, Faculty of Law

Prof. Lisa Silver, University of Calgary, Faculty of Law

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Family Property Act and Fruit of the Marriage Tree 2021 Update

Family Property Act

 

Join us on March 23 for “Family Property Act and Fruit of the Marriage Tree 2021 Update“. This webinar will address recent developments in the law and cases touching on increase in value of exempt assets, valuation dates, and double-dipping issues that arise when both income and property are shared in the same post-separation period.

Our presenter for this lunchtime webinar is Kevin Hannah QC. Kevin is a senior divorce lawyer with previous criminal law and general litigation experience. He has practiced almost exclusively in the areas of separation and divorce for over 25 years. Kevin currently divides his work between private clients who require more experienced counsel and conducting mediations and arbitrations.

Kevin has been recognized by his peers through Best Lawyers as one of the leading family lawyers in the city of Calgary every year since its inception in 2006. In 2014 Kevin was named “Lawyer of the Year” by Best Lawyers in family law.  Since 2011, he has also been recognized each year as a Best ADR (alternative dispute resolution) Lawyer for his work in divorce mediation and arbitration. Read more…

If multiple lawyers or staff members from your firm would like to attend this webinar or webinar series, please contact [email protected] for pricing.

Register today!

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Does your client know to call you first? How to help your client through a cyber-attack

Cyber-attacks are on the rise, and as a lawyer, it is wise to expect that your clients are likely to suffer some sort of hack. We are pleased to have Marin Kratz QC, chair of our upcoming “Alberta Legal Technology Conference“, guest author the below post to highlight important aspects of being a lawyer within a technological world.

In 2012 the then FBI Director Robert Mueller said:

 

There are only two types of companies: those that have been hacked, and those that will be. Even that is merging into one category: those that have been hacked and will be again.”

 

As a result of the rapid growth of cyber-attacks, a lawyer should start with the premise that his or her clients are likely to suffer some kind of cyber-attack, often ransomware or a social engineering attack.

These incidents are extremely stressful and many decisions have to be made quickly. A lawyer can be an important member of the breach response team. That lawyer needs to be (or find a) breach coach for the organization that suffered the attack. The lawyer can help with calm advice on what to do and what not to do, identify which regulators and authorities to contact and how, and provide investigatory and forensic work under the protection of a claim of privilege.

Too often, the client does not call the lawyer first and fumbles through the incident often making the problem worse; compromising important evidence and exposing important forensic and other specialist advice to discovery in subsequent litigation.

Does your client know to call you first?

Learn how you can be the trusted lawyer to help your client through a cyber-attack. Register for LESA’s 8-part webinar series “Alberta Legal Technology Conference” this May and June, 2021 to explore cyber-security and consider important aspects of how lawyers work within a world that is increasingly dominated by technology.

Conference Topics:

May 13,  2021 | Legal Technology Trends
May 14, 2021 | Privacy
May 19, 2021 | Taxonomy for Lawyers
May 27, 2021 | Artificial Intelligence
May 28, 2021 | Cyber Insurance
June 3, 2021 | Cloud-Based Wills
June 4, 2021 | Crossing the Border with Electronic Devices
June 10, 2021 | Recent Case Law

Click here for details and to register.

Guest Author: Martin Kratz QC

Martin has been internationally recognized as a leading lawyer in many fields such as intellectual property law, technology law, data protection, and cyber security. He has worked in intellectual property protection, transactions, assessments, enforcement, outsourcing, IT procurement, anti-spam, data protection, information and privacy law, and the protection and commercialization of IP.

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How to Untangle Immigration Issues

Immigration Law

Do your clients have immigration issues? If so, we have an upcoming webinar with Alicia Backman-Beharry and Susan Wood (from Holthe Immigration Law) that will provide an overview of important immigration categories. Attendees will untangle a fictitious case scenario while applying the concepts presented in this webinar. Topics will include travel restrictions, temporary versus permanent residence applications, spousal versus economic categories, and more. Walk away with greater awareness of key questions to ask your clients and of important documents that can impact immigration matters. Read on to find out a little bit more about our presenters for this webinar.

Meet the Faculty

Alicia Backman-Beharry has practiced as an immigration lawyer for 17 years. She was called to the Alberta bar in 2003 and was an associate with a medium sized firm and a boutique immigration law firm. Alicia went out on her own as a sole practitioner 8 years ago. She works with corporations, individuals and other lawyers to solve difficult immigration legal issues. Prior to joining the Holthe Immigration Law team, she also contributed as a part-time program lawyer at a non-profit poverty law clinic.

She finds it rewarding to help individuals and companies through the complex world of Canadian Immigration law. Having taught courses on temporary and permanent residence, Alicia is able to see how various pieces of the immigration puzzle fit together, and can provide advice so that people understand which application to pursue and why. Read more…

Susan Wood focuses her practice on Canadian immigration law. Before joining Holthe Immigration Law, she founded her own firm and was a solo lawyer doing immigration law for several years.

Canadian Immigration Lawyer Susan Wood is experienced with temporary residence applications for both visitors and workers, and permanent residence applications in both family and economic classes. She has successfully represented clients at the Immigration Appeal Division on spousal appeals. She enjoys the challenge of drafting submissions in reply to a procedural fairness letter or preparing a specialized application to overcome inadmissibility or non-compliance. Read more…

Webinar Details

How to Untangle Immigration Issues: An Overview and Analysis of a Case Scenario” broadcasts live on March 25 at noon. Can’t make the date? Don’t worry, registration also includes access to the recording so you can watch and learn at your convenience.

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Upcoming Digital Law Forum (Feb. 24 and Mar. 3)

Digital Law Forum

 

The Digital Law Forum is just around the corner! This upcoming online event runs February 24 and March 3 and is co-hosted by the University of Alberta Faculty of Law, AI4Society and the Digital Law & Innovation Society. Explore the current challenges and opportunities that digital technologies pose for decision-making in the judicial and executive branches of government. Consider risk and responsibility associated with AI, opportunities and benefits of digital technologies on the public, and the role of academics and practitioners in advancing justice in a digital age.

Digital Law Forum Agenda:

February 24 | 12:00 – 1:00 PM MT
Professor Argyri Panezi
Liability for AI: An Ecosystem Approach

February 24 | 5:00 – 6:00 PM MT
Pia Andrews, Special Advisor – Digital, Employment & Social Development Canada, Government of Canada
Artificial Intelligence, Administrative Law & Governance

March 3 | 1:00 – 2:00 PM MT
Panel: Jason Fung, Counsel, Government of Alberta & Blair Neufeld, Innovation Lead, Digital Innovation Office, Government of Alberta
An Alberta Perspective: Digital Infrastructure & Legal

March 3 | 5:00 – 6:00 PM MT (Open discussion, requires registration)
Hosted by Pia Andrews and Professor Péter Szigeti (University of Alberta Faculty of Law)
AI, Law & Governance Challenges in Focus: Regulating Critical Digital Infrastructure

Click here for details.

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If you are interested in technology and the impact on the legal profession, be sure to check out LESA’s upcoming Alberta Legal Technology Conference. Chaired by Martin Kratz QC, this 8-part lunchtime webinar series will discuss topics such as Artificial Intelligence, Cyber Insurance, Cloud-Based Wills, and more. Save $165 if you sign up for all 8 sessions before May 13th. Can’t make a date? Don’t worry, registration automatically includes access to the recordings so you can watch and learn at your convenience.

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Court of Queen’s Bench E-Filing

CourtofQueen'sBenchE-Filing

Join Court of Queen’s Bench staff for an in-depth discussion on email filing at the Court. As a result of the global pandemic, there have been a number of changes to court filing this past year, including the addition of email filing. Attend this program to gain an understanding of the current document requirements for filing, the email filing process, and upcoming changes. Consider common errors for email filing and how you can avoid them.

Join us on March 12th from 9:00 AM–10:30 AM for an interactive program, including a Q&A with staff from the Court of Queen’s Bench. If you can’t make this date, don’t worry! Registration includes access to the recording so you can watch and learn at your convenience. Ensure you are up to date on email filing requirements at the Court of Queen’s Bench. Click here for details and to register.

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Coercive Control and Determinations Regarding Children

Dive into the upcoming amendments to the Divorce Act requiring that family violence, including coercive controlling behaviours, be considered when making best-interests determinations regarding children. This interdisciplinary program presents the valuable insights of an experienced psychologist on coercive control and how it may manifest in the day-to-day practices of family law professionals.

Join co-chairs, John-Paul E. Boyd QC of John-Paul Boyd Arbitration Chambers and Glenda Lux MA, R.Psych. of Lux Psychology with presenters, Wayne Barkauskas QC of Wise Scheible Barkauskas, Carrie McManus RSW of Sagesse, and Allison Mitic of Wise Scheible Barkauskas for a 2-day webinar series entitled, Coercive Control and Family Violence.

On Day 1 (February 17), we will explore how harmful patterns of behaviours present themselves in family law disputes. Discuss the perils of subjective impressions, as well as areas where the legal system and the interventions it provides are vulnerable to misuse.

On Day 2 (February 24), hear an important refresher on the Protection Against Family Violence Act and a review of the amendments to the Divorce Act addressing family violence. Consider the strengths and weaknesses of the tools available to deal with family violence in the context of family law disputes

Click to play this short clip illustrating the learning objectives for this 2-day webinar series. For more info and to register, click here.

Thank you to Glenda Lux MA, R.Psych. of Lux Psychology for creating and sharing this video with us.

Register Today!

Dates:
Day 1 – February 17, 2021
Day 2 – February 24, 2021

Time: 9:00 AM – 12:00 PM (each day)

Price: $345 + GST

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Labour & Employment Update 2021

Join us for a 2-part webinar series exploring an update on labour and employment law.

Labour Employment Law

Part 1 takes place on February 23, 2021 and will discuss human rights including changes at the Alberta Human Rights Commission. There will also be a panel discussion on the potential future implications arising from the current global pandemic with topics including, constructive dismissal in a global pandemic, disability due to stress (and does stress qualify as disability), employer rights in vaccinating employees, and more.

Part 2 takes place on March 9, 2021 and will consider updates to employment law and recent amendments to the Occupational Health and Safety Act as well as “A View from the Bench” with Justice Kevin P. Feehan. Topics will include, termination pay, liability for unauthorized overtime, proper draft of employment clauses, and more.

Save $45 when you register for both Part 1 and Part 2 before February 23. Each session requires individual registration and will include an interactive Q&A with our panel of faculty. If you have a burning question you’d like to get answers to, click here to submit your question(s) for our seasoned faculty members to address. (Note: Questions will be divided between the two parts based on their relevance to the topics presented in each session.)

Scroll below for details on our experienced panel of faculty.

Labour & Employment Update 2021 Part 1

Chair: Teresa Haykowsky, McLennan Ross LLP

Presenters:

Craig W. Neuman QCNeuman Thompson

Clayton CookMcGown Cook Barristers & Solicitors

Michael Gottheil, Alberta Human Rights Commission, Chief of the Commission and Tribunals

Melissa LuhtanenAlberta Human Rights Commission

Jean TorrensMLT Aikins LLP

 

Labour & Employment Update 2021 Part 2

Chair: Teresa Haykowsky, McLennan Ross LLP

Presenters:

Justice Kevin P. Feehan, Court of Appeal of Alberta

Alison Adam, McLennan Ross LLP

Steve EichlerField Law

Kelli LemonSeveny Scott

 

REGISTER TODAY!

 

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Preventing Fraud and Disputes in Contracts and Agreements

Explore how an accounting perspective can complement a legal review. Errors and omissions can easily contribute to disputes and litigation. Learn how accountants and finance professionals view due diligence, drafting agreements, and contractual compliance. 

We are excited to have Lisa Majeau Gordon, FCPA, FCA, CA-IFA, CFE, CFF from MNP LLP present a series of real-life examples in our upcoming Preventing Fraud and Disputes in Contracts and Agreements webinar. See what went wrong and how issues could have been avoided. The devil is in the details!

Attendees will explore 4 key stages during the lifecycle of an agreement where an accounting perspective can complement a legal review:

Selecting Your Vendor/Contractor

Common Issues:

  • Due diligence on parties to a contract
  • Due diligence of financial statements
  • Due Diligence of pro forma financial statements or projections

Drafting Your Agreements

Common Issues:

  • Accounting terminology
  • Contract language
  • Availability of records and the Right to Audit clause
  • Tenders

Financial Management and Reporting

Common Issues:

  • Financial management
  • Continuous monitoring

Contract Compliance

Common Issues:

  • Non-compliance
    • Non-compliance that goes unnoticed
    • Intentional non-compliance through mischarging schemes
  • Refusal to provide records
  • Outdated contracts

 

PreventFraudinContracts

REGISTER TODAY!

Date: February 3, 2021

Time:  12:00 PM – 1:30 PM

Price:  $125 + GST

This program is being offered in collaboration with MNP LLP.