Law Society Professional Codes & Skill Requirements: USA, UK, Canada

Lawyers, Skills, Continual Learning & Outside Experts

A Message to Lawyers and Legal Professionals; Courts and Members of the Judiciary; Regulators, Legislators, Policy-Makers

If you are a member of the legal system; as a licensed, professionally insured, lawyer, your professional scope of expertise is germane to the domain of "legal matters'', and specifically, you hold yourself out as an expert in one or more various subordinate domains of "law" including:

  • wills & estates

  • divorce

  • real estate

  • securities

  • regulatory affairs

  • environmental

  • mergers & acquisitions

  • international law

  • intellectual property

  • corporate

  • civil

  • criminal

  • This is not a complete list


What you do not hold yourself out as, is as an expert (to the standard by which a professional liability risk insurer would underwrite your skills and proficiency for commercial-grade indemnification) in the nature, quality, character, composition, feature, function, purpose or use in matters of the following Concept System, represented commercially by the trademark source identifier: OCS Originating Concept System™


  • Non-novel (exact) conformity science

  • Bungay Unification of Quantum Processes Algorithm also represented as "BLOCKCHAIN" (generic applications and non-generic applications)

  • "BITCOIN" (generic applications) and Authentic Originating BITCOIN™ (non-generic applications)

  • "CRYPTO" (generic applications and non-generic applications)

  • Peer-to-Peer Governance, Commerce (Industry and Finance) and Academia

  • Non-Bank, Non-Institutional, Non-Syndicated, Non-Regulated or Regulatory Exempt, Free Trading Finance; also known as Peer-to-Peer (P2P)/Private/Crypto/Secret/Shadow Governance - Commerce (Industry/Finance) and Academia

  • This is not a complete list


Remember, the OCS™ Originating Concept System was only recognized by government and regulatory bodies, writ large, as early as 2016 (read the authoritative encyclopedic textbook: ORIGIN OF A SPECIE™ text at origin.mqcc.org)

ORIGIN OF A SPECIE™ text at origin.mqcc.org

While only recognized by legal and regulatory professionals writ large, commencing 2016 (as noted in ORIGIN OF A SPECIE™), most lawyers and regulatory professionals have not been exposed to the correct and proper learning, education and training LET in matters of the OCS™ Originating Concept System. For a simple example; some legal professionals and regulatory professionals have the incorrect understanding that goods (products) and services (methods) for which the following registered and common law trademarks serve as a source identifier:


FATHER OF BLOCKCHAIN®

FATHER OF CRYPTO®

THE GLOBAL STANDARD FOR BLOCKCHAIN®

THE GLOBAL STANDARD FOR CRYPTO®

DEMOCRACY-IN-FINANCE®

WORLD BLOCKCHAIN DAY®

WORLD CRYPTO DAY®

BE THE BANK®

GLOBAL KYC BLOCKCHAIN VAULT®

IBBC™ INTERBANK BLOCKCHAIN™

BITMORTGAGE®

Authentic Originating BITCOIN™

among others

are stated as merely "various technologies"; this is wrong. It is an incomplete and narrow understanding of what is necessarily, a broad concept system.


Indeed, the statement "various technologies" regrettably, understates the nature, quality and character of the reality; and indicates that you might not be entirely familiar with the quality, character, feature, function, purpose, use, material content, composition or extent of the originating knowledge domain and subordinate concept systems upon which the various MQCC Bungay International LLC (MQCC™) registered and common law trademarks serve as a source identifier.


Speaking as the world's leading expert and authority on matters related to the concept systems, by virtue of the first person to observe, hypothesize, teste, develope, commercialize, regulatory-integrate, National and International Standards-integrate and continually improve the applications non-novel (exact) conformity science and subordinate concept systems including:


  • Bungay Unification of Quantum Processes Algorithm also represented, generically, as "BlockChain" and commercially represented by the trademark source identifier: "Principles of 'BlockChain'™" (generic applications and non-generic applications)

  • "BITCOIN" (counterfeit/pirate generic applications) and Authentic Originating BITCOIN™ (non-generic applications)

  • "CRYPTO" (generic applications and non-generic applications)

  • Peer-to-Peer Governance, Commerce (Industry and Finance) and Academia

  • Non-Bank, Non-Institutional, Non-Syndicated, Non-Regulated or Regulatory Exempt, Free Trading Finance; also known as Peer-to-Peer (P2P)/Private/Crypto/Secret/Shadow Governance - Commerce (Industry/Finance) and Academia

  • This is not a complete list


Indeed, an excerpt from a 2019 article published in the International Journal of Conformity Science IJCS™ shows where yours sincerely clarified a misunderstanding by The International Science Councils ISC associate body: the International Council for Scientific and Technical Information ICSTI. The ISC/ICSTI offered a "free" seminar (you get what you pay for), described as: "This first complimentary online seminar in the ICSTI 2018 Webinar series, takes an in-depth look at the opportunities and potential changes in the world of scholarly communication that may be stimulated by Blockchain."


The ISC/ICSTI further state: "Blockchain is the technology behind Bitcoin and offers a peer-2-peer network for Trust that potentially can disintermediate traditional brokering authorities like banks, notaries, perhaps even publishers?"; to which yours sincerely published and submitted the following response (as part of a broader document), as follows:

  • Authors note: (Edited) Regulatory-integrated, commercial applications of goods (products) and services (methods) of the non-novel (exact) conformity science subordinate concept system: Bungay Unification of Quantum Processes Algorithm also represented, generically, as "BlockChain" and commercially represented by the trademark source identifier: "Principles of 'BlockChain'™", are not a technology..... [Emphasis added]


In fact the applications are "technology neutral" (see ORIGIN OF A SPECIE™ to learn more).

Law Society Professional Codes: Canada - UK - USA

Canada

National Body: Federation of Law Societies of Canada

Federation Model Code of Professional Conduct

  • [7] A lawyer should also recognize that competence for a particular task may require seeking advice from or collaborating with experts in scientific, accounting or other non-legal fields, and, when it is appropriate, the lawyer should not hesitate to seek the client’s instructions to consult experts.

  • Source: https://flsc.ca/national-initiatives/model-code-of-professional-conduct/federation-model-code-of-professional-conduct/

Model-Code-as-amended-March-2017-Final.pdf

National Body: Canadian Bar Association (CBA)

Code of Conduct (version: CodeofConductSept09.indd)

  • 6. The lawyer must be alert to recognize any lack of competence for a particular task and the disservice that would be done the client by undertaking that task. If consulted in such circumstances, the lawyer should either decline to act or obtain the client’s instructions to retain, consult or collaborate with a lawyer who is competent in that field. The lawyer should also recognize that competence for a particular task may sometimes require seeking advice from or collaborating with experts in scientific, accounting or other non-legal fields. In such a situation the lawyer should not hesitate to seek the client’s instructions to consult experts.8 [footnote reference: B.C. 3(4); N.B. 2-C.6, 2-C.7; N.S. 2.7, 2.8; Ont. 2.01(1) Commentary; Que. 3.01.01 and 3.01.02.]

  • Note from CBA re: NEW CODE -

  • In this era of globalized law practice and increased mobility between Canadian jurisdictions, a common set of conduct rules for all Canadian lawyers is essential. Canadian law societies in all common law jurisdictions have now adopted codes in substantial compliance with the Federation of Law Societies (FLSC) of Canada’s Model Code of Professional Conduct. The CBA Council approved a resolution to discontinue the CBA Code once no Canadian law society uses it or incorporates it. The 2009 CBA Code of Professional Conduct was retired in April 2019 and remains online for research purposes only. Source: https://www.cba.org/Publications-Resources/Practice-Tools/Ethics-and-Professional-Responsibility-(1)/Codes-of-Professional-Conduct

cba-codeofconduct2009.pdf

United Kingdom of Great Britain and Northern Ireland UK

National Body: Solicitors Regulation Authority (SRA)

SRA Code of Conduct for Solicitors, RELs and RFLs

3: Service and competence

SRA Code of Conduct for Firms

4: Service and competence

  • 4.3 You ensure that your managers and employees are competent to carry out their role, and keep their professional knowledge and skills, as well as understanding of their legal, ethical and regulatory obligations, up to date.

  • 4.4 You have an effective system for supervising clients' matters.

  • Source: https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-firms/#rule-4

National Body: Bar Standards Board (BSB)

BSB Handbook

  • gC39 In order to be able to provide a competent standard of work, you should keep your professional knowledge and skills up to date, regularly take part in professional development and educational activities that maintain and further develop your competence and performance and, where you are a BSB entity or a manager of such body, you should take reasonable steps to ensure that managers and employees within your organisation undertake such training. Merely complying with the Continuing Professional Development requirements may not be sufficient to comply with Rule rC15. You should also ensure that you comply with any specific training...

  • gC40 In addition to Guidance gC38 above, a BSB entity or a manager of such body should ensure that work is allocated appropriately, to managers and/or employees with the appropriate knowledge and expertise to undertake such work.

  • Source: https://www.barstandardsboard.org.uk/the-bsb-handbook.html

United States of America USA

National Body: National Center for State Courts (NCSC)

NCSC is the organization courts turn to for authoritative knowledge and information, because its efforts are directed by collaborative work with the Conference of Chief Justices, the Conference of State Court Administrators, and other associations of judicial leaders.


Model Code of Conduct 10 17 18

  • 3.5 I will actively pursue opportunities to improve my professional knowledge, skills, and abilities. Court employees should participate in professional associations and educational activities to enhance their personal and professional skills. They should also keep abreast of changes and developments in the field of court operation and management.

  • Source: https://www.ncsc.org/__data/assets/pdf_file/0017/17351/model-code-of-conduct-10-17-18.pdf

model-code-of-conduct-10-17-18.pdf

National Body: American Bar Association (ABA)


Rule 1.1 Competence - Comment

  • Maintaining Competence [8] To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.

  • Source: https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/comment_on_rule_1_1/

Expert Witnesses

  • The Expert Witnesses Committee focuses on providing continuing education to litigators regarding expert witnesses and promoting networking opportunities for litigators and expert witnesses in commonly encountered substantive areas, such as accounting, engineering, and science.

  • Source:

https://www.americanbar.org/groups/litigation/committees/expert-witnesses/

Supreme Courts Commentary: Canada; United States of America (USA)

The best way to easily understand what legally protected common law and registered trademarks exist and then do a reverse analysis of the underlying:

  • Standards

  • Systems

  • Technology

  • Goods (products)

  • Services (methods)

Canada Supreme Court

As explained by legislation and various persons including: Canada Supreme Court Justice Binnie J. in Mattel, Inc. v. 3894207 Canada Inc. (2006);

  • the purpose of a trademark is to distinguish wares or services manufactured, sold, leased, hired or performed by the trademark owner from those manufactured, sold, leased, hired or performed by others. "Their traditional role was (is) to create a link in the prospective buyer's mind between the product and the producer....It is a guarantee of origin and inferentially, an assurance to the consumer that the quality [ingredient, character, function, feature, purpose, use, scope and extent] will be what he (or she) has come to associate with a particular trade-mark (as in the case of the mythical “Maytag” repairman). It is, in that sense, consumer protection legislation." [Consumer Safety]

Thus, trademarks: build the reputation and goodwill of the MQCC Bungay International LLC group of related companies in the eyes of the public, which will make all of MQCC™ trademark brands attractive and maintain consumer loyalty; deter counterfeiters from copying MQCC™ trademark brand product or causing confusion in the marketplace; prevent deceptive trade practice in the marketplace by distinguishing MQCC™ trademark brand genuine product or service from a fake; enabling the general public to immediately, prima facie, on an at-a-glance or visual basis, "recognize what it knows and trusts".

United States of America USA Supreme Court