Rules of Conduct - An Estates' Perspective: "Competence" as Defined and Considered in the U.S. - Part III
- (1) lawyers for a fiduciary;
- (2) duties to beneficiaries;
- (3) the general nature of the duties;
- (4) the need for good faith, fairness and impartiality;
- (5) determinative duties to beneficiaries; and
- (6) anticipating and avoiding conflicts.
In the course of analyzing the ACTEC Commentaries, we also intend to consider the interplay of the Law Society of Upper Canada's Rules of Professional Conduct. Many of the MRPC (Model Rules of Professional Conduct) are similar, if not identical, to the Law Society's Rules of Professional Conduct.
Of course, while looking at the U.S. experience, we will also be keeping in mind the Rules of Professional Conduct in Ontario to serve as an illustration and a benchmark for this particular jurisdiction. Competence The MRPC Rule 1.1 provides that:
"A lawyer shall provide competent representation. Competent representation requires the knowledge, skill, thoroughness and preparation reasonably necessary for the representation."
In a future blog, we will undertake a comparison with the Law Society of Upper Canada's equivalent comments on competence. Now, in an effort to provide a social media update, the following are some useful resources to look at. By including these references here, we do not "endorse" them, but hope that you find these as useful places to get more information. There is, of course, a wealth of information in addition to these resources, and this is not intended to be an exhaustive list at all:
General information regarding podcasting: Wikipedia - podcasting RSS
"How to" podcast: Make a podcast Tutorial Articles
Basic steps (this link has a great diagram and a description of the basic steps of how a podcast works)
Enhanced iTunes (making enhanced podcasts in iTunes)
Enhanced Windows (making enhanced podcasts using Windows Media Player)
All the best, Suzana and Ian. --------
