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Competencies

The competencies approach of the CPD program supports efforts to ensure the ongoing competence and professionalism of lawyers in Alberta.

This approach takes a more comprehensive approach to the lawyers’ practice as a whole, rather than solely focusing on substantive law. The complaint history indicates that while substantive areas are important, the biggest risk to lawyers is a weakness in practice management, client relationships and ethics and professionalism. These are all areas of focus in a competency-based approach.

The Federation of Law Societies of Canada has identified a National Entry to Practice Competency Profile for Lawyers and Quebec Notaries. We used this as guidance for those competencies that are required not only upon entry to practice, but throughout the career of a lawyer.

Competencies

Ethics and Professionalism

This competency requires lawyers to possess not only knowledge of legal ethics, but the skill to apply legal ethics in practice and conduct themselves with professionalism as a representative of the Court and the justice system in Alberta. Examples of areas of learning and knowledge that apply to this competency include:

  • Engage in critical thinking about ethical issues
  • Identify and resolve ethical issues and problems
  • Identify need for independent legal advice
  • Make informed and reasoned decisions about ethical issues
  • Take training: cultural / intercultural competency; diversity and anti-racism; or human rights
  • Use client conflict management system
  • Use time tracking, limitation reminder and bring forward systems
  • Use systems for trust accounting, general accounting, client records and files, billing and collection
  • Use practice checklists

Examples of CPD activities to meet this competency include, but are not limited to:

  • Attend a continuing education course, seminar, event or workshop on conflicts of interest, culture or access to justice, etc.
  • Complete the University of Alberta’s Indigenous Canada open online course
  • Engage in online discussion and debate
  • Participate in a legal ethics forum
  • Review the Code of Conduct
  • Review the Truth and Reconciliation Commission’s Calls to Action
  • Volunteer at a Pro Bono Clinic
Substantive Legal Knowledge

This competency requires that lawyers maintain an understanding of the core legal concepts applicable to the practice of law in Canada, including knowledge of Substantive Law relevant to the individual practice of each lawyer. Examples of areas of learning and knowledge that apply to this competency include:

  • Ability to conduct matter, draft necessary documents and conduct appropriate transactions/activities for above substantive law areas
  • Aboriginal Rights and Human Rights Principles
  • Administration of Law in Canada or Administrative Law
  • Alternative Dispute Resolution processes
  • Charter of Rights and Freedoms
  • Corporate/Commercial, Constitutional, Contract, or Criminal Law
  • Evidence or Family Law
  • Principles of Common Law
  • Property/Real Estate Law – conduct real estate transactions
  • Rules of Procedures
  • Statutory Construction and Interpretation
  • Torts/Civil Litigation
  • Wills and Estates

Examples of CPD activities to meet this competency include, but are not limited to:

  • Achieve mediator designation
  • Attend courses, seminars, workshops, conferences or webinars (e.g. continuing legal education, updates in law seminar, substantive law webinars, etc.)
  • Become a member of and attend lunch & learns offered by local CBA subsections
  • Complete a collaborative law program or receive one-on-one instruction from a senior practitioner (not in the course of daily work)
  • Present at a continuing legal education conference or instruct a substantive law course
  • Read a text book or review case law
  • Volunteer at a Pro Bono Clinic
  • Write and publish a text book or case commentary
Client Relationship Management

This competency requires lawyers to manage client relationships and interact effectively with clients in person, online and on the telephone. This involves managing client expectations, remaining in communication with clients and balancing the needs of all clients. Examples of areas of learning and knowledge that apply to this competency include:

  • Interview potential client
  • Assess and manage client relationships, establish and maintain client confidence, and manage client expectations throughout the retainer
  • Assess client’s capacity and fitness  as well as address outstanding client concerns
  • Confirm the client’s identity pursuant to applicable standards / rules and who is being represented
  • Confirm who will provide instructions
  • Develop legal strategy and advise the client in light of client’s circumstances such as diversity, age, language, disability, socioeconomic and cultural context
  • Discuss and set fees and retainer as well as draft retainer / engagement letter
  • Document advice given to and instructions received from client
  • Draft exit / reporting letter
  • Maintain client communications

Examples of CPD activities to meet this competency include, but are not limited to:

  • Attend a workshop, interpersonal communications workshop, fraud awareness class or continuing legal education course
  • Attend a “know you client” session, conflict management program or “dealing with difficult people” seminar
  • Read a textbook
Practice Management

This competency requires lawyers to run their business practice appropriately and in compliance with all legislative requirements, to manage office staff, manage files and manage finances. Examples of areas of learning and knowledge that apply to this competency include:

  • Delegate tasks and provide appropriate supervision
  • Learn about information management, protection of privacy and electronic information management
  • Manage time, including prioritize and manage tasks, and track deadlines
  • Manage files, including opening/closing files, checklist development, file storage/destruction
  • Manage finances, including trust accounting
  • Manage professional responsibilities, including ethical, licensing and other professional responsibilities

Examples of CPD activities to meet this competency include, but are not limited to:

  • Attend a session on trust accounting requirements, effective time management practices, or privacy legislation and protecting client data
  • Attend a program including conflict management, working with others or alternate service delivery or non-traditional billing practices
  • Develop a succession plan for emergency planning purposes and / or retirement
  • Learn about best practices for social media, storing data in the cloud or take a computer skills course
  • Learn to use a budgeting tool or attend a class on financial intelligence
  • Learn about employee engagement and effective employee management
  • Participate in an access to justice workshop
  • Review resources from ARMA International (formerly the Association of Records Managers and Administrators) and AIIM (Association for Information and Image Management)
  • Work with a practice management coach to improve overall practice management skills or read a book on time management skills
Oral and Written Communication, Analytical and Research Skills

This competency requires lawyers to possess strong oral and written communication skills to effectively represent clients and communicate professionally and effectively, as necessary for his or her practice. It also requires lawyers to effectively identify issues and analyze problems on behalf of clients, as well as properly research those issues and problems to properly advise clients. Examples of areas of learning and knowledge that apply to this competency include:

  • Advocate, negotiate and apply the law in a manner appropriate to the legal and factual context
  • Assess possible courses of action and a range of likely outcomes
  • Conduct factual and legal research including identifying legal issues; selecting relevant sources and methods; using techniques of legal reasoning and argument, such as case analysis and statutory interpretation, to analyze legal issues; identify, interpret, apply and communicate results of research
  • Effectively formulate and present well-reasoned and accurate legal argument, analysis, advice or submissions
  • Elicit information from clients and others (e.g. identify client’s goals and objectives or obtain instructions)
  • Identify and evaluate the appropriateness of alternatives for resolution of the issue or dispute
  • Identify due diligence required as well as relevant facts, and legal, ethical and practical issues
  • Use correct grammar/spelling and language suitable to the communication and intended audience (e.g. explain the law in common language to audience)

Examples of CPD activities to meet this competency include, but are not limited to:

  • Act as a mooting judge
  • Attend a writing, logic, or advocacy course
  • Learn how to use a legal research database
  • Participate in Toastmasters
  • Present at a continuing legal education conference or instruct a substantive law course
  • Read a textbook on writing/ grammar or proof read other’s writing
  • Write and publish an article, text book, case commentary
Wellness

This competency requires lawyers to maintain awareness of their mental and physical health and wellness and identify ways to maintain a healthy practice. Examples of areas learning and knowledge that apply to this competency include:

  • Appropriate work life balance and mental health awareness
  • Healthy eating, sleep and exercise habits
  • Stress reduction techniques
  • Financial wellness

Examples of CPD activities to meet this competency include, but are not limited to:

  • Attend a healthy eating seminar or take a healthy cooking course
  • Complete the Canadian Bar Association’s Mental Health and Wellness in the Legal Profession online course
  • Do regular physical activity or meditation
  • Engage a life coach, personal trainer or a counselor
  • Get an annual physical exam
  • Implement recommendations, in your workplace, from the National Standard of Canada for Psychological Health and Safety in the Workplace
  • Improve your sleep patterns or attend a sleep clinic
  • Reduce alcohol consumption, quit smoking and identify substance abuse support services
  • Schedule regular down time, take lunch breaks, have time with friends or take vacations
  • Take a stress or anger management course or sign up for financial management lessons
  • Unplug from electronic devices regularly
  • Volunteer at a Pro Bono Clinic
  • Volunteer with ASSIST
Other

This category is for anything not captured in the previous competencies that will benefit your practice. As each practice and practitioner is unique, this category allows for the addition of activities specific to your needs that will maintain, develop or improve your competence. As this is your plan, this area allows you to further personalize your development activities.

A mix of formal and informal learning will help ensure a robust plan that meets the desired outcomes. There are many resources available to access professional development activities including the Canadian Bar Association, Legal Education Society of Alberta, Universities of Calgary and Alberta Faculties of Law, Law Societies and Legal Education providers in other jurisdictions, local continuing education programs, online education providers, and many others.

Through a consideration of specific competencies, lawyers should think holistically about their competence more broadly in the specific practice setting in which the lawyer is located so that activities they select have value and a positive impact on their practice.

Printed from https://www.lawsociety.ab.ca on January 20, 2021 at 10:17:09 PM
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