Law:The Bar Membership Act
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43RZ9 — The Bar Membership Act
WHEREAS becoming a member of The Bar is extremely hard to do at the moment,
WHEREAS the current form of The Bar Exam is not apt nor adequate to Talossa’s needs
WHEREAS a more solid structure which trains Lawyers in how to be Lawyers is needed
WHEREAS who can or cannot be a member of the Bar has not been addressed
WHEREAS these issues need to be seriously addressed
WHEREAS we all are aware of the current problems in the Justice Sector and there is no need for any more WHEREAS
THEREFORE be it enacted by the Ziu that:
- Section 1.
- (a) Anyone who is entitled to vote in a General Election in the Kingdom of Talossa and satisfies all conditions set out in Section 2, shall be eligible to become a member of the Royal Talossan Bar (“The Bar”), except those excluded from membership by this Act.
- (b) Satisfying the Conditions of this Act does not guarantee Admission to the Bar nor confers upon any person(s) any rights to be admitted to the Bar. Admission to the Bar and the Admission Policy of the Bar shall be at the sole discretion of The Chancellor of the Royal Talossan Bar (hereinafter referred to as “The Chancellor”).
- Section 2.
- (a) The following conditions must be met to be eligible for admission into the Royal Talossan Bar:
- (i) The applicant must be at eligible to vote in a Talossan General Election and have been a citizen in good standing for not less than six months.
- (ii) The applicant must have completed a course in the study of Law in “The Royal Law Academy” and obtained a final grade of 80% or more.
- (iii) After successful completion course mentioned in ii) above, the applicant will be granted, at the discretion of the Chancellor, Student Membership in the Bar and must spend three months as a apprentice (“Devil”) of a qualified member of The Bar. The applicant must complete with a grade of 80% of more, all assignments and/or examinations given to him/her by The Chancellor and/or any member of The Bar authorised by The Chancellor to conduct such assignments and/or Examinations.
- (b) For the purposes of ii) and iii) in subsection a) above, all assignments, examinations, coursework, course syllabus and/or any related material will be set by The Chancellor and/or his/her appointed agent.
- (c) If an applicant fails any part of the required examinations and/or assignments and/or any other examination set by The Chancellor and/or this Act, s/he is only required to repeat the parts s/he failed, provided such a repeat is sat within 18 months of the initial sitting of the examination.
- (a) The following conditions must be met to be eligible for admission into the Royal Talossan Bar:
- Section 3.
- (a) The Royal Law Academy (hereinafter referred to as “The Academy”) shall be a branch of The Bar charged with the education and training of citizens in the field of Talossan Law and any other subject or field necessary to the properly equip students in the practise to the highest professional standard required from them.
- (b) The Chancellor and/or his/her appointed agent shall be charged with the running, administration and care of The Academy.
- (c) The Academy shall be the sole educational institute in Talossa charged with the education of Law and the education of Trainee Lawyers and/or Barristers and/or Solicitors in Talossan Law.
- (d) The Academy shall have exclusive and inalienable rights to confer Diplomas, Degrees, be they Bachelor or Masters and Doctorates in Talossan Law.
- (e) Persons who complete a course in The Academy and reach the course’s pass requirements, shall be entitled to bear the initials, Dip.T.L and/or B.T.L and/or M.T.L and/or D.T.L and/or PhD.T.L, as applicable to courses s/he has passed and awards conferred upon him/her.
- (f) It shall be a offense for any person to pretend, deceive or use false, altered or forged documents to convince or to make another person believe s/he has a award from the Academy, when in fact s/he does not.
- (g) The Academy shall have the right to strip and/or remove at anytime, any or all awards conferred upon any person, if it finds that said person has acted dishonestly or committed fraud in his/her assignments and/or examinations. This right shall also extend to person’s who the Academy deems unfit to bear such awards by means of their behaviour, conduct and/or actions.
- (h) The Academy may sue and/or be sued in its own name as a corporate body.
- (i) The Academy may from time to time establish, alter or revoke its own rules and regulations provided such rules are not in breach of this Act, Talossan Law and/or the Organic Law.
- Section 4.
- (a) The Chancellor shall have the right to refuse entry or membership of the Royal Talossan Bar to anyone s/he deems unsuitable or unfit for membership, even if s/he satisfies the conditions set out by this Act. Any person(s) refused membership may appeal the decision of The Chancellor to the Uppermost Court. The burden of proof shall be on him/her to prove s/he was unfairly and without due and or just cause denied membership of the Royal Talossan Bar.
- (b) The Chancellor shall have the right to expel, suspend and/or impose restrictions upon any member of The Bar who breaches The Bar’s Code of Conduct and/or in the opinion of The Chancellor has by his/her actions, behaviour and/or conduct warranted apt action.
- Section 5.
- (a) Upon satisfying the conditions set out in Sections 1 and 2, the applicant must in writing to The Chancellor, requesting to be admitted into The Bar. The Chancellor may refuse or grant such a application, stating reasons for any refusal, if applicable.
- (b) Successful applicants will be admitted to The Bar with full membership rights and granted the title of “Junior Counsel”, which shall entitle them to represent clients in any Talossan Cort, as set by Law and/or by the rules or constitution of The Bar.
- (c) Members of the Bar who have shown distinction and high professional standards in the practise of Talossan Law, may at the discretion of The Chancellor be appointed as “Senior Counsel” and shall be entitled to extra privileges and rights as set by Law and/or by the rules or constitution of The Bar.
- Section 6.
- (a) The following office holders may, at the discretion of The Chancellor, be exempt from the requirements of Sections 1 & 2 of this Act and be granted Full Membership of The Bar while they hold such office or until the next General Election, whichever is applicable and/or sooner. Should the office holder resign or leave or otherwise vacate the office to which s/he was granted membership, his/her membership shall immediately cease the instant s/he vacates said office. Membership may at whim be terminated at the discretion of The Chancellor.
- The Prime Minister
- The Distain
- The Minister of Justice
- Judges of the Uppermost Cort
- Judges of any inferior court
- (a) The following office holders may, at the discretion of The Chancellor, be exempt from the requirements of Sections 1 & 2 of this Act and be granted Full Membership of The Bar while they hold such office or until the next General Election, whichever is applicable and/or sooner. Should the office holder resign or leave or otherwise vacate the office to which s/he was granted membership, his/her membership shall immediately cease the instant s/he vacates said office. Membership may at whim be terminated at the discretion of The Chancellor.
- (b) The Chancellor may grant “Honorary Membership” to any Talossan who has shown excellence and dedication in the field of Talossan Law. Such membership shall only entitled the Honorary Member in all rights and privileges of membership of the Bar save voting rights and the right to represent in any Talossan Court.
- (c) Current and past Chancellors of the Royal Talossan Bar shall be entitled to be Full Members of the Bar for life and may not be expelled, save in serious circumstances.
- Section 7. Any rules, regulations and/or code of conduct not set by this Act, Talossan Law or by the Organic Law, shall be a matter for the Bar to set itself as far as permissible by the aforementioned Laws.
Noi urent q’estadra sa:
HM Government, represented by:
Litz Cjantscheir, Seneschal (MC, RUMP)
Martì Prevuost, Minister of Culture & Stuff (MC, RUMP)
Adm. T.M. Asmourescu, Minister of Justice (Senator, Benito)