missandrist
Citizen
Representative
Education Department
Oakridge Resident
Statesman
MissAndrist
Representative
- Joined
- Jan 1, 2025
- Messages
- 22
- Thread Author
- #1
A
BILL
To
Amend the Legal Reform Act to Reform and Modernize the Legal Education System of Redmont
BILL
To
Amend the Legal Reform Act to Reform and Modernize the Legal Education System of Redmont
The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
1 - Short Title and Enactment
(1) This Act may be cited as the 'Modern Legal Reform Act'.
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by Associate Justice Matthew100x, with contributions from AlexanderLove, juniperfig, TrueDarklander, Gribble19, Dartanboy, and AsexualDinosaur.
(4) This Act has been cosponsored by Sen. Goldendude15.
2 - Reasons
(1) The legal education system requires modernization to ensure proper training of legal professionals.
(2) A structured rank system with clear qualification requirements will enhance the quality of legal services.
(3) The Department of Education requires expanded authority to maintain and update legal examinations.
3 - Definitions
(1) "Law Firm" shall be defined as:
(a) Any legal practice entity consisting of one or more licensed legal practitioners that:
(i) Provides legal services to clients;
(ii) May operate as any kind of business as defined by law; and
(iii) Maintain a business registration with the Department of Commerce.
(2) “Disbarment” shall be defined as:
- The revocation of one's license to practice law. A person who is disbarred shall lose the power to advise clients, represent a party in court, and file cases on a client’s behalf.
- Any person who is disbarred and attempts to practice law shall be presumed to have the intent necessary for Legal Fraud.
- A certification granting the Barrister qualification granted upon successful completion of a specialization exam. Passing a specialization exam permits a legal practitioner to provide legal representation, advocacy, and advisory services within the designated field of that specialization before the Federal Court of Redmont. A Barrister may hold as many specializations as they pass the exams for.
- When a Barrister practices law in the Federal Court, they will be able to work outside of their specialization if the main legal claim of the case they are arguing is within their specialization.
- Specialization Exception: If an area of law does not have a specialization exam, then any Barrister with any specialization may practice that area of law in the Federal Court.
4 - Legal Ranks and Practice Rights
(1) The legal profession shall be organized into three ranks:
(a) Solicitor
(b) Barrister
(c) Attorney
(2) The Solicitor rank shall:
(a) Be the entry-level legal qualification
(b) Grant the holder the right to practice law in District Courts
(c) Permit the holder to:
(i) Represent clients in any kind of District Court proceedings.
(ii) File any kind of cases on behalf of clients in District Court.
(iii) Provide legal advice within District Court jurisdiction.
(iv) Officiate marriage and divorce proceedings.
(3) The Barrister rank shall:
(a) Be awarded upon passing any one specialization examination, where a barrister may collect as many specializations as they are qualified for to gain the perks of said specialization.
(b) Include all powers and rights granted to Solicitors.
(c) Grant additional rights to practice in Federal Courts within their specialization(s).
(d) Permit the holder to:
(i) Represent clients in Federal Court proceedings within their specialization(s).
(ii) File cases in Federal Court within their specialization(s).
(iii) Provide legal advice for matters within Federal Court jurisdiction.
(4) The Attorney rank shall:
(a) Include all powers and rights granted to Solicitors and Barristers.
(b) Require completion of all current specialization exams.
(i) Lawyers who achieve the Attorney rank will not have to take any novel specialization exam if a new test is added after they attain the Attorney rank.
(c) Grant the right to practice in all courts without any restrictions or exceptions, including the Supreme Court.
(d) Permit the holder to:
(i) Represent clients in any court of the Commonwealth
(ii) File cases in any court of the Commonwealth
(iii) Provide legal advice for all matters within the Commonwealth's jurisdiction
5 - Department of Education Powers
(1) The Department of Education shall have the authority to:
(a) Develop, maintain, and update all legal examinations
(b) Establish examination procedures and requirements
(c) Set reasonable passing criteria for each rank
(d) Implement changes to the examination system with at least seven [7] days notice
(e) Create or remove specializations, which are legal exams focusing on a particular topic, within the Barrister rank with at least seven [7] days notice
(2) The Department of Education must:
(a) Consult with the Department of Justice before implementing changes to the legal exams.
(b) Provide public notice of any changes to examination requirements
(c) Ensure examination standards remain consistent with legal practice needs.
(d) Maintain records of all qualified legal practitioners
6 - Examination Administration
(1) All legal examinations shall be conducted through the Minecraft Exam-sign system, unless otherwise specified or directed by the Department of Education.
(2) The Department of Education shall:
(a) Ensure examination security
(b) Maintain examination records
(c) Issue appropriate rank designations upon successful completion
(d) Provide reasonable accommodations for technical issues
7 - Supervised Practice and Government Legal Work
(1) Supervised Private Practice
(a) A licensed legal practitioner of any rank may practice in any court when:
(i) They are employed by or contracted to a law firm;
(ii) They are under the direct supervision of an Attorney-ranked practitioner; and
(iii) The supervising Attorney assumes responsibility for their work.
(b) A licensed legal practitioner of any rank may give legal advice without restriction, and is immune from Legal Fraud or Legal Malpractice when:
(i) They are employed by or contracted to a law firm;
(ii) They are under the direct supervision of an Attorney-ranked practitioner; and
(iii) The supervising Attorney assumes responsibility for their work.
(c) The supervising Attorney must:
(i) Review and approve all court filings
(ii) Be present for in-game court appearances and oversee forums posts
(iii) Maintain ultimate responsibility for the case
(2) Government Legal Practice
(a) Licensed legal practitioners employed by the Department of Justice may practice in any court when they are:
(i) Acting in their official capacity;
(ii) Appointed to the case; and
(iii) Supervised by a Department superior who possesses the Attorney rank.
(b) Licensed legal practitioners serving as Public Defenders may practice in any court when they are:
(i) Acting in their official capacity;
(ii) Appointed to the case; and
(iii) Overseen by a Department superior who possesses the Attorney rank.
8 - Legal Crimes
(1) Legal Fraud
(a) Classification: Indictable Criminal Offense
(b) Definition: "The intentional misrepresentation of one's legal credentials, qualifications, or rank, engaging in the practice of law without any valid legal qualification,
(c) Maximum Punishment:
(i) First Offense: $7,500 Fine
(ii) Second Offense: $15,000 Fine + Disbarment for a period of up to six weeks
(iii) Subsequent Offenses: $30,000 Fine (with $15,000 being the minimum) + Disbarment for a period of four months.
(2) Legal Malpractice
(a) Classification: Indictable Criminal Offense
(b) Definition: “Practicing law, representing clients, or filing cases in courts beyond one's qualification rank or specialized jurisdiction."
(c) Maximum Punishment:
(i) First Offense: $7,500 Fine
(ii) Second Offense: $15,000 Fine + Disbarment for a period of up to six weeks
(iii) Subsequent Offenses: $30,000 Fine (with $15,000 being the minimum) + Disbarment for a period of four months.
(3) Conflict of Interest
(a) A conflict of interest arises when an individual or entity is engaged in multiple interests, whether financial or otherwise, and fulfilling one interest could potentially compromise their ability to fulfill another.
(b) In the legal context, a conflict of interest is defined as the situation where the same legal counsel represents both the defense and the plaintiff simultaneously in the same case.
(c) Discovery of a conflict of interest provides valid grounds for a person to appeal the court's decision in the case.
(d) Conflict of Interest
(i) Classification: Indictable Criminal Offense
(ii) Definition: “The situation where the same legal counsel represents both the defense and the plaintiff simultaneously in the same case.”
(iii) Maximum Punishment:
(A) First Offense: $20,000 Fine
(B) Second Offense: $35,000 Fine + Disbarment for a period of one month
(4) Attorney-Client Privilege
(a) Attorney-Client Privilege shall exist as soon as a client or potential client engages in a formal discussion with a lawyer or law firm regarding a case, potential case, or other legal matter.
(b) The lawyer or law firm shall not be permitted to disclose the contents of the discussion except with the voluntary and written permission of the client.
(c) Lawyers and law firms shall not be held liable for conspiracy or acting as an accessory to a crime when it is in connection with matters protected by Attorney-Client Privilege.
(d) Breaking Attorney-Client Privilege
(i) Classification: Indictable Criminal Offense
(ii) Definition: “Disclosing discussions of a client without their written permission.”
(iii) Maximum Punishment:
(A) First Offense: $5,000 Fine + 5 Minutes Jail Time
(B) Second Offense: $10,000 fine + 15 Minutes Jail Time + Disbarment for a period of one month
(C) Subsequent Offenses: $20,000 (with $7,500 being the minimum) + 20 Minutes Jail Time + Disbarment for a period of two months (with two weeks being the minimum)
(e) Clients may also sue the lawyer or law firm that broke Attorney-Client Privilege for any losses that can be proven in court.
9 - Transitional Provisions
(1) All existing legal qualifications at the time of this Act’s passage shall be reset to Solicitor.
(2) All legal practitioners shall be given a grace period of two weeks from the signing and passing of this act before the Legal Malpractice comes into effect. Additionally, during the grace period, anyone possessing a legal license can file cases in any court without reprimand, penalty, or exclusion.
(3) No Ex Post Facto applies to all cases in any court at the time of the signing of this bill. No lawyer will be held accountable for Legal Malpractice for any court cases that they were working on prior to the passing of this bill or during the aforementioned grace period.
10 - Amendments
(1) Section 3 - RBA Abolition shall be amended as follows and shall now become section 10:
(3) Legal exams will be controlled exclusively by the Department of Education. The Department of Education must consult the Department of Justice on any changes to legal exams and provide reasonable time for the Department of Justice to comment on the changes before those changes are published.
(3) Holding a solicitor, barrister, or attorney tag in-game constitutes a valid legal license. All crimes pertaining to legal practice shall be indictable and be in the Department of Justice's jurisdiction to prosecute.
(5) Disbarment shall be defined as “the revoking of one's ability to legally practice law which shall include representing a party in Court and filing a case on a client's behalf.”
(2) Section 4 - Attorney-Client Privilege shall be amended as follows: (It is being added under Legal Crimes)
4 - Attorney-Client Privilege
(1) Attorney-Client Privilege shall exist as soon as a client or potential client engages in a formal discussion with a lawyer or law firm regarding a case, potential case, or other legal matter.
(2) The lawyer or law firm shall not be permitted to disclose the contents of the discussion except with the voluntary and written permission of the client.
(3) Lawyers and law firms shall not be held liable for conspiracy or acting as an accessory to a crime when it is in connection with matters protected by Attorney-Client Privilege.
(4) Breaking Attorney-Client Privilege
(a) Classification: Indictable Criminal Offense
(b) Definition: “Disclosing discussions of a client without their written permission.”
(c) Maximum Punishment:
(i) First Offense: $5,000 Fine + 5 Minutes Jail Time
(ii) Second Offense: $10,000 fine + 15 Minutes Jail Time + Disbarment for a period of one month
(iii) Subsequent Offenses: $20,000 (with $7,500 being the minimum) + 20 Minutes Jail Time + Disbarment for a period of two months (with two weeks being the minimum)
(5) Clients may also sue the lawyer or law firm that broke Attorney-Client Privilege for any losses that can be proven in court.
(3) Section 5 - Legal Fraud shall be amended as follows:
5 - Legal Fraud
(1) Legal Fraud
(a) Classification: Indictable Criminal Offense
(b) Definition: “The misrepresentation of one’s legal credentials, or lack thereof, or unauthorized practice in any Court of law under this act or future acts governing the legal practice.”
(c) Maximum Punishment:
(i) First Offense: $5,000 Fine + 10 Minutes Jail Time
(ii) Second Offense: $10,000 Fine + 15 Minutes Jail time + Disbarment for a period of four weeks
(iii) Subsequent Offenses: $25,000 Fine (with $10,000 being the minimum) + 30 Minutes Jail Time + Disbarment for a period of three months
(4) Section 6 - Conflict of Interest shall be amended as follows: (It is being added under Legal Crimes)
(1) A conflict of interest arises when an individual or entity is engaged in multiple interests, whether financial or otherwise, and fulfilling one interest could potentially compromise their ability to fulfill another.
(2) In the legal context, a conflict of interest is defined as the situation where the same legal counsel represents both the defense and the plaintiff simultaneously in the same case.
(3) Discovery of a conflict of interest provides valid grounds for a person to appeal the court's decision in the case.
(4) Conflict of Interest
(a) Classification: Indictable Criminal Offense
(b) Definition: “The situation where the same legal counsel represents both the defense and the plaintiff simultaneously in the same case.”
(c) Maximum Punishment:
(i) First Offense: $20,000 Fine + 20 Minutes Jail Time
(ii) Second Offense: $35,000 Fine + 35 Minutes Jail Time + Disbarment for a period of one month
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