Law:The Legal Representation Act: Difference between revisions

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=== 42RZ5 ===
=== 42RZ5 ===
==== The Clerk of Courts Act ====
==== The Legal Representation Act ====
WHEREAS we have a legal system which continues to develop and grow with our Kingdom and
WHEREAS we currently have the infrastructure for the designation of attorneys and


WHEREAS there has been some criticism of the manner in which court cases were handled in terms of timeliness, and
WHEREAS the functions and responsibilities of attorneys have not been outlined elsewhere and so


WHEREAS we presently have no formal means of bringing action against a person or entity through our system of Courts so, now
THEREFORE, we establish the following guidelines for the practice of law within the realm:


THEREFORE we establish the office of Clerk of Courts. The Clerk shall be an apolitical position appointed by the reigning Monarch upon recommendation of the Prime Minister and shall serve in the following capacities:
1. The practice of law shall be defined as the representation of individuals, corporations and government bodies before the Uppermost Cort, Military or Provincial Court, or any inferior court established by the Ziu; or the professional discussion or advice on matters of a legal nature.
2. Practice before the Uppermost Cort or any inferior National Court established by the Ziu shall be limited to members of the Royal Talossan Bar who maintain their membership in good standing.


1. The clerk shall receive and file actions brought by individuals or their representative attorneys and assign to each requested action a docket number.
3. Practice before Military Courts shall be restricted to members of the Royal Talossan Bar or to any commissioned officer granted waiver by the Minister of Defence to serve as a legal representative, pursuant to Ministry of Defence guidelines.
2. The clerk shall then assign the case to a Judge, Magistrate or Justice in the lowest court holding jurisdiction over the matter.


3. Judicial assignments shall be made in descending order of seniority. In cases where a clear conflict of interest should arise, the clerk shall assign the case to the next jurist in that order.
4. Practice before Provincial Courts shall be governed by Provincial Law.


4. The clerk shall maintain a record of docket numbers and judicial assignments to be archived along with the final disposition of the case for ease of reference.
5. No part of this law shall limit an individual's ability to represent themselves before any court of the realm.


5. This file shall be available to any citizen for use in the preparation of legal strategy, the study of law or for any legitimate purpose.
6. Provincial Premiers shall have the authority to represent their Province, in actions brought before a National Court, as a function of their office. This responsibility may be delegated only to a member of the Royal Talossan Bar. The role of the premier, or any Provincial official, within the provincial court system shall be regulated by applicable provincial law.


6. Appeals shall be filed as separate actions and will be assigned new docket numbers but shall be archived together with the original action for ease of reference.
7. The use of titles such as lawyer, attorney, barrister, solicitor, or councillor/counselor-at-law or any other title reserved by guidelines of the Royal Talossan Bar shall be restricted to those who are licensed to engage in the practice of law within the realm.


7. The Clerk shall acknowledge the receipt of any filing and shall, within 72 business hours of said acknowledgment, assign a docket number and make a judicial assignment.
8. Individuals who are party to an action brought before a Court of the realm and cannot find suitable legal representation due to a shortage of qualified practitioners of law, conflicts of interest or for personal reasons to be outlined in a petition presented before the cort, may apply for a waiver to permit any adult Talossan citizen to represent them before the Cort in a specified legal action serving as a legal proxy.


8. The individual holding the office of Clerk of Courts shall enjoy immunity from civil or criminal suit for any actions performed in the course of his or her official duties while holding this office. This immunity shall be lost upon leaving office. Due to the nature of the Clerk's responsibilities, an individual may not hold the office of Clerk of Courts, or any deputy thereunder, while simultaneously holding office as a Justice, Judge or Magistrate of the Uppermost Cort or any national inferior court.
9. Individuals operating under waiver shall not be entitled to present themselves as attorneys, lawyers, barristers, solicitors, or councillor/counselor-at-law, nor shall approval of such waiver imply membership in the Talossan Bar.


9. The Clerk of Courts serves at the pleasure of the King and may be dismissed by royal decree. In the case of alleged misconduct, the Clerk of Courts may be removed from office by Prime Dictate.
10. Petitions for waiver shall be made to the Cort in which the action is to be brought. All waivers shall expire upon the final disposition of the case and shall remain in force through any appeal. Waivers granted by a lower court need not be renewed or reissued if the action is brought before the Uppermost Cort in appeal. Waivers may be terminated by the petitioner or the proxy at any time during court proceedings and shall notify the Court of said termination within 48 hours of its effective date. Waivers may be withdrawn through judicial order in the event of misconduct or inadequate representation.


10. Any individual who shall be found to have accepted bribe or other gratuities for the purposes of manipulating the assignment of jurists shall be guilty of public corruption of an officer of the Court, a felony, and shall suffer a punishment to be determined by the court.
11. Corts shall grant petitioned waivers unless the designated proxy has been convicted of a felony, has presented themselves unlawfully to be an attorney, lawyer, barrister, solicitor or councillor/counselor of law, has falsely claimed Bar membership or other official standing within the Talossan Bar or has received monetary compensation or other financial consideration in exchange for his/her representational duties or when a suitable member of the bar is available for representation in the matter, unencumbered by conflicts of interest or personal disputes.


Uréu q'estadra sa:  
Uréu q'estadra sa:  
Capt. T.M. Asmourescu, Senator-Benito
T.M. Asmourescu, Senator of Benito

Revision as of 14:33, 5 July 2012

42RZ5

The Legal Representation Act

WHEREAS we currently have the infrastructure for the designation of attorneys and

WHEREAS the functions and responsibilities of attorneys have not been outlined elsewhere and so

THEREFORE, we establish the following guidelines for the practice of law within the realm:

1. The practice of law shall be defined as the representation of individuals, corporations and government bodies before the Uppermost Cort, Military or Provincial Court, or any inferior court established by the Ziu; or the professional discussion or advice on matters of a legal nature. 2. Practice before the Uppermost Cort or any inferior National Court established by the Ziu shall be limited to members of the Royal Talossan Bar who maintain their membership in good standing.

3. Practice before Military Courts shall be restricted to members of the Royal Talossan Bar or to any commissioned officer granted waiver by the Minister of Defence to serve as a legal representative, pursuant to Ministry of Defence guidelines.

4. Practice before Provincial Courts shall be governed by Provincial Law.

5. No part of this law shall limit an individual's ability to represent themselves before any court of the realm.

6. Provincial Premiers shall have the authority to represent their Province, in actions brought before a National Court, as a function of their office. This responsibility may be delegated only to a member of the Royal Talossan Bar. The role of the premier, or any Provincial official, within the provincial court system shall be regulated by applicable provincial law.

7. The use of titles such as lawyer, attorney, barrister, solicitor, or councillor/counselor-at-law or any other title reserved by guidelines of the Royal Talossan Bar shall be restricted to those who are licensed to engage in the practice of law within the realm.

8. Individuals who are party to an action brought before a Court of the realm and cannot find suitable legal representation due to a shortage of qualified practitioners of law, conflicts of interest or for personal reasons to be outlined in a petition presented before the cort, may apply for a waiver to permit any adult Talossan citizen to represent them before the Cort in a specified legal action serving as a legal proxy.

9. Individuals operating under waiver shall not be entitled to present themselves as attorneys, lawyers, barristers, solicitors, or councillor/counselor-at-law, nor shall approval of such waiver imply membership in the Talossan Bar.

10. Petitions for waiver shall be made to the Cort in which the action is to be brought. All waivers shall expire upon the final disposition of the case and shall remain in force through any appeal. Waivers granted by a lower court need not be renewed or reissued if the action is brought before the Uppermost Cort in appeal. Waivers may be terminated by the petitioner or the proxy at any time during court proceedings and shall notify the Court of said termination within 48 hours of its effective date. Waivers may be withdrawn through judicial order in the event of misconduct or inadequate representation.

11. Corts shall grant petitioned waivers unless the designated proxy has been convicted of a felony, has presented themselves unlawfully to be an attorney, lawyer, barrister, solicitor or councillor/counselor of law, has falsely claimed Bar membership or other official standing within the Talossan Bar or has received monetary compensation or other financial consideration in exchange for his/her representational duties or when a suitable member of the bar is available for representation in the matter, unencumbered by conflicts of interest or personal disputes.

Uréu q'estadra sa: T.M. Asmourescu, Senator of Benito

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