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- Mar 28, 2021
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A
BILL
To
Amend the MLBA
The people of Democracy Craft, 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 'RBA Reform Act.'
(2) This Act shall be enacted immediately upon its signage.
(3) The Act has been co-sponsored by: Senator f6rn and Representative DemonFire256
(4) The Act has been written by RBA Chairman Aladeen
2 - Reasons
Since its creation, the RBA has had numerous amounts of flaws that no one cared to fix. This bill will help us amend not only this association but the legal community by punishing people that break the Attorney-Client Privilege and making the RBA accountable.
3 - The Modern Legal Board Act shall be amended as followed:
From:
8 - Attorney-Client Privilege
(1) Attorney-client privilege shall exist as soon as a client engages in a formal discussion with a lawyer and/or his/her staff regarding a case, potential case, or other legal matter.
(2) The lawyer shall not be permitted to disclose the contents of the discussion except with the voluntary and written permission of the client.
(3) Lawyers 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) Lawyers may break attorney-client privilege should the client be directly involved with an instance of corruption or he/she poses an imminent threat to the safety of others.
9 - Accountability Within the RBA
(1) The Chairperson of the RBA may be recalled by the Board should at least ⅔ of all voting lawyers agree to this removal. A special election to fill the vacancy shall take place immediately, administered by the Department of State.
(2) A councilor of the RBA may be recalled by the Board should at least ⅔ of all voting lawyers agree to this removal. A special election to fill the vacancy shall take place immediately, administered by the Department of State.
(3) Upon proposition by a member of the Council, the Board, with the assent of ¾ of all voting lawyers, may issue a vote of no confidence, where then the entire Council, including the Chairperson, shall be removed from their offices, and a general election shall be triggered. The term of the current council shall be erased, and the two months will begin once more.
10 - The Public Defender Program
(1) The Redmont Bar Association shall permanently maintain a Public Defender Program, which an appointed officer selected by the Chairperson shall direct.
(2) The Public Defender Program shall consist of qualified barristers and/or attorneys with the goal of providing free legal aid to people of low income.
(3) Any case that reverts to a default judgement, where the defendant is inactive, the presiding Judge may request a public defender to represent the Defendant.
(4) Any person with a total (personal+company[ies]) balance not exceeding $15,000 shall be permitted to utilize the services of the Public Defender Program, and request the aid of a Public Defender to represent him/her for free in any case where the person is the defendant. The Director shall assign Public Defenders to cases as he/she sees fit.
(5) The Public Defender Program shall be funded through appropriations by Congress.
(6) The Director shall be permitted to recruit, regulate, and terminate public defenders as he/she sees fit. The Director shall not be allowed to regulate the external activities of a public defender, only those activities which relate to the duties carried out in a Public Defender capacity.
(7) Public Defenders shall be paid no less than $50 and no more than $250 per case.
7 - Legal Licenses
(3) The Redmont Bar Association shall be permitted to revoke the practicing license of a lawyer after an investigation and majority vote of the RBA Council including the RBA Chairperson. Causes for disbarment are but are not limited to: committing perjury, breaching attorney client privilege, excessive filing of frivolous court cases, etc.
(4) Practicing licenses shall not be revoked for a period of more than three months. Once a practicing license is restored, the corresponding lawyer must meet all then-current entry requirements as specified in clauses one and two of this section.
To:
8 - Attorney-Client Privilege
(1) Attorney-client privilege shall exist as soon as a client engages in a formal discussion with a lawyer and/or his/her staff regarding a case, potential case, or other legal matter.
(2) The lawyer shall not be permitted to disclose the contents of the discussion except with the voluntary and written permission of the client.
(3) Lawyers 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) Lawyers may break attorney-client privilege should the client be directly involved with an instance of corruption or he/she poses an imminent threat to the safety of others.
(5) New Law to be added in ‘’17.0 - Miscellaneous Laws’’
17.21 - Breaking Attorney-Client Privilege
Disclosing discussions of a client without their written permission.
First offense: $5000 - 5 minutes
Second offense: $6500 10 minutes of jail
Third offense and beyond: Courts may order up to $20000 with $7500 being the minimum, and 20 minutes jail
9 - Accountability Within the RBA
(1) The Chairperson of the RBA may be recalled by the Board should at least ⅔ of all voting lawyers agree to this removal. A special election to fill the vacancy shall take place immediately, administered by the Department of State.
(2) A councilor of the RBA may be recalled by the Board should at least ⅔ of all voting lawyers agree to this removal. A special election to fill the vacancy shall take place immediately, administered by the Department of State.
(3) Upon proposition by a member of the Council, the Board, with the assent of ¾ of all voting lawyers, may issue a vote of no confidence, where then the entire Council, including the Chairperson, shall be removed from their offices, and a general election shall be triggered. The term of the current council shall be erased, and the two months will begin once more.
(4) If a recall vote fails against either a Councillor or the Chairperson there shall be a 2 week cooldown until a recall can be proposed again against the same individual.
(5) A supermajority of congress can dissolve the RBA Council (including the Chairman) with support of the President once the vote finalizes. The House of Representatives shall begin the vote and once it passes it shall go to the Senate. However the RBA Council can be dissolved without removing the Chairman and vice-versa.
7 - Legal Licenses
(3) The Redmont Bar Association shall be permitted to revoke the practicing license of a lawyer throughout a lawsuit once a majority of the Council, including the Chairman votes. Causes for disbarment are but are not limited to: committing perjury, breaching attorney client privilege, excessive filing of frivolous court cases, etc.
10 - The Public Defender Program
(1) The Redmont Bar Association shall permanently maintain a Public Defender Program, which an appointed officer selected by the Chairperson shall direct.
(2) The Public Defender Program shall consist of qualified barristers and/or attorneys with the goal of providing free legal aid to people of low income.
(3) Any case that reverts to a default judgement, where the defendant is inactive, the presiding Judge may request a public defender to represent the Defendant.
(4) Any person with a total (personal+company[ies]) balance not exceeding $15,000 shall be permitted to utilize the services of the Public Defender Program, and request the aid of a Public Defender to represent him/her for free in any case where the person is the defendant. The Director shall assign Public Defenders to cases as he/she sees fit.
(5) The Public Defender Program shall be funded through appropriations by Congress.
(6) The Director shall be permitted to recruit, regulate, and terminate public defenders as he/she sees fit. The Director shall not be allowed to regulate the external activities of a public defender, only those activities which relate to the duties carried out in a Public Defender capacity.
(7) Public Defenders shall be paid no less than $250 and no more than $500 per case.
BILL
To
Amend the MLBA
The people of Democracy Craft, 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 'RBA Reform Act.'
(2) This Act shall be enacted immediately upon its signage.
(3) The Act has been co-sponsored by: Senator f6rn and Representative DemonFire256
(4) The Act has been written by RBA Chairman Aladeen
2 - Reasons
Since its creation, the RBA has had numerous amounts of flaws that no one cared to fix. This bill will help us amend not only this association but the legal community by punishing people that break the Attorney-Client Privilege and making the RBA accountable.
3 - The Modern Legal Board Act shall be amended as followed:
From:
8 - Attorney-Client Privilege
(1) Attorney-client privilege shall exist as soon as a client engages in a formal discussion with a lawyer and/or his/her staff regarding a case, potential case, or other legal matter.
(2) The lawyer shall not be permitted to disclose the contents of the discussion except with the voluntary and written permission of the client.
(3) Lawyers 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) Lawyers may break attorney-client privilege should the client be directly involved with an instance of corruption or he/she poses an imminent threat to the safety of others.
9 - Accountability Within the RBA
(1) The Chairperson of the RBA may be recalled by the Board should at least ⅔ of all voting lawyers agree to this removal. A special election to fill the vacancy shall take place immediately, administered by the Department of State.
(2) A councilor of the RBA may be recalled by the Board should at least ⅔ of all voting lawyers agree to this removal. A special election to fill the vacancy shall take place immediately, administered by the Department of State.
(3) Upon proposition by a member of the Council, the Board, with the assent of ¾ of all voting lawyers, may issue a vote of no confidence, where then the entire Council, including the Chairperson, shall be removed from their offices, and a general election shall be triggered. The term of the current council shall be erased, and the two months will begin once more.
10 - The Public Defender Program
(1) The Redmont Bar Association shall permanently maintain a Public Defender Program, which an appointed officer selected by the Chairperson shall direct.
(2) The Public Defender Program shall consist of qualified barristers and/or attorneys with the goal of providing free legal aid to people of low income.
(3) Any case that reverts to a default judgement, where the defendant is inactive, the presiding Judge may request a public defender to represent the Defendant.
(4) Any person with a total (personal+company[ies]) balance not exceeding $15,000 shall be permitted to utilize the services of the Public Defender Program, and request the aid of a Public Defender to represent him/her for free in any case where the person is the defendant. The Director shall assign Public Defenders to cases as he/she sees fit.
(5) The Public Defender Program shall be funded through appropriations by Congress.
(6) The Director shall be permitted to recruit, regulate, and terminate public defenders as he/she sees fit. The Director shall not be allowed to regulate the external activities of a public defender, only those activities which relate to the duties carried out in a Public Defender capacity.
(7) Public Defenders shall be paid no less than $50 and no more than $250 per case.
7 - Legal Licenses
(3) The Redmont Bar Association shall be permitted to revoke the practicing license of a lawyer after an investigation and majority vote of the RBA Council including the RBA Chairperson. Causes for disbarment are but are not limited to: committing perjury, breaching attorney client privilege, excessive filing of frivolous court cases, etc.
(4) Practicing licenses shall not be revoked for a period of more than three months. Once a practicing license is restored, the corresponding lawyer must meet all then-current entry requirements as specified in clauses one and two of this section.
To:
8 - Attorney-Client Privilege
(1) Attorney-client privilege shall exist as soon as a client engages in a formal discussion with a lawyer and/or his/her staff regarding a case, potential case, or other legal matter.
(2) The lawyer shall not be permitted to disclose the contents of the discussion except with the voluntary and written permission of the client.
(3) Lawyers 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) Lawyers may break attorney-client privilege should the client be directly involved with an instance of corruption or he/she poses an imminent threat to the safety of others.
(5) New Law to be added in ‘’17.0 - Miscellaneous Laws’’
17.21 - Breaking Attorney-Client Privilege
Disclosing discussions of a client without their written permission.
First offense: $5000 - 5 minutes
Second offense: $6500 10 minutes of jail
Third offense and beyond: Courts may order up to $20000 with $7500 being the minimum, and 20 minutes jail
9 - Accountability Within the RBA
(1) The Chairperson of the RBA may be recalled by the Board should at least ⅔ of all voting lawyers agree to this removal. A special election to fill the vacancy shall take place immediately, administered by the Department of State.
(2) A councilor of the RBA may be recalled by the Board should at least ⅔ of all voting lawyers agree to this removal. A special election to fill the vacancy shall take place immediately, administered by the Department of State.
(3) Upon proposition by a member of the Council, the Board, with the assent of ¾ of all voting lawyers, may issue a vote of no confidence, where then the entire Council, including the Chairperson, shall be removed from their offices, and a general election shall be triggered. The term of the current council shall be erased, and the two months will begin once more.
(4) If a recall vote fails against either a Councillor or the Chairperson there shall be a 2 week cooldown until a recall can be proposed again against the same individual.
(5) A supermajority of congress can dissolve the RBA Council (including the Chairman) with support of the President once the vote finalizes. The House of Representatives shall begin the vote and once it passes it shall go to the Senate. However the RBA Council can be dissolved without removing the Chairman and vice-versa.
7 - Legal Licenses
(3) The Redmont Bar Association shall be permitted to revoke the practicing license of a lawyer throughout a lawsuit once a majority of the Council, including the Chairman votes. Causes for disbarment are but are not limited to: committing perjury, breaching attorney client privilege, excessive filing of frivolous court cases, etc.
10 - The Public Defender Program
(1) The Redmont Bar Association shall permanently maintain a Public Defender Program, which an appointed officer selected by the Chairperson shall direct.
(2) The Public Defender Program shall consist of qualified barristers and/or attorneys with the goal of providing free legal aid to people of low income.
(3) Any case that reverts to a default judgement, where the defendant is inactive, the presiding Judge may request a public defender to represent the Defendant.
(4) Any person with a total (personal+company[ies]) balance not exceeding $15,000 shall be permitted to utilize the services of the Public Defender Program, and request the aid of a Public Defender to represent him/her for free in any case where the person is the defendant. The Director shall assign Public Defenders to cases as he/she sees fit.
(5) The Public Defender Program shall be funded through appropriations by Congress.
(6) The Director shall be permitted to recruit, regulate, and terminate public defenders as he/she sees fit. The Director shall not be allowed to regulate the external activities of a public defender, only those activities which relate to the duties carried out in a Public Defender capacity.
(7) Public Defenders shall be paid no less than $250 and no more than $500 per case.
