ToadKing
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ToadKing__
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CONGRESS OF THE
COMMONWEALTH OF REDMONT
A BILL TO
Re-Establish the Redmont Bar Association to Regulate the Legal Field
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:
PART I — PRELIMINARIES
1. Short Title and Enactment(1) This Act may be cited as the 'Redmont Bar Association Act' or 'RBA Act.'
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by Rep. ToadKing, DSoH Aladeen22, and AG Superwoops.
(4) This Act has been co-sponsored by DSoH Aladeen.
(5) The following Acts are hereby repealed:
(a) Modern Legal Reform Act.
(6) This Act amends the following acts:
(a) Redmont Civil Code Act
(7) This Act supersedes Executive Order 37/25, and any executive order purporting to regulate the legal field.
2. Reasons and Intent
(1) Establishing a professional association for lawyers encourages cooperation, professional development, and the progress of legal standards.
(2) The current “BAR”, established under Executive Order 37/25, is ill-equipped to facilitate the duties for which it was created.
(3) A statutorily defined Association with the backing of Congress and the Executive shall ensure the Legal Field finally obtains the much-needed support that it requires.
(4) The Redmont Bar Association shall remain institutionally independent from political direction or interference by any branch of government, and shall operate as an association of the lawyers, by the lawyers, for the lawyers.
3. Definitions
(1) For the purposes of this Act, the following definitions shall apply:
(a) Active Membership. Means all members of the RBA who are currently in good standing.
(b) Disbarment. Means the revocation of one’s licence 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.
(c) Good Standing. Means the status of a member of the RBA who has not:
(i) Been disbarred under this Act; or
(ii) Accumulated two or more active conduct strikes under the Judicial Standards Act.
(d) Law Firm. Means 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) Maintains a business registration with the Department of Commerce.
(e) Specialisation. Means a certification granted upon successful completion of a specialisation exam, permitting a legal practitioner to provide legal representation, advocacy, and advisory services within the designated field of that specialisation before the Federal Court of Redmont.
(i) A Barrister may hold as many specialisations as they pass exams for.
(ii) When a Barrister practices law in the Federal Court, they will be able to work outside their specialisation if the main legal claim of the case they are arguing is within their specialisation.
(iii) If an area of law does not have a specialisation exam, then any Barrister with any specialisation may practice in that area of law in the Federal court.
PART II — ESTABLISHMENT
1. Establishment of the Redmont Bar Association(1) An independent government entity known as the Redmont Bar Association (RBA) is hereby established.
(2) The RBA shall operate as a professional association representing members of the legal profession.
(3) The RBA shall be the exclusive body regulating the legal field in Redmont, and shall encompass all individuals who are licensed to represent other individuals before the Courts of Redmont.
(4) The RBA shall be institutionally independent from the Executive, Legislative and Judicial branches of government. No branch shall direct, interfere with, or seek to unduly influence the operations of the RBA.
2. Forum Area
(1) The RBA shall maintain a dedicated area on the DemocracyCraft forums for the purposes of transparency and public record.
(2) The following shall be made available on the forum:
(a) RBA policies, rules, and guidelines enacted by the Council;
(b) Motions put before the Council, including their outcome and the votes of each Councillor; and
(c) All disciplinary investigation findings under Part V.
(3) The Chairperson shall be responsible for ensuring the forum is maintained and kept up to date.
3. Funding
(1) The RBA shall be entitled to appropriations from the Commonwealth of Redmont.
(2) The Chairperson shall be responsible for managing the RBA's funds and reporting all spending in the #budget channel.
(3) RBA funds may only be spent for the purposes of:
(a) Funding resources and programs for the professional development of members; and
(b) Any other purpose directly related to the functions of the RBA under this Act.
(4) No Councillor may authorise the payment of RBA funds to themselves or to another Councillor as personal compensation.
(a) Any Councillor who authorises such a payment shall be subject to disciplinary proceedings under Part V.
PART III — MEMBERSHIP
1. Membership(1) Membership of the RBA is automatic and mandatory for all persons who hold a valid legal qualification under this Act.
(2) Membership shall commence upon the passing of any legal examination defined under Part VI of this Act.
(3) Membership is not voluntary and may not be voluntarily revoked by the member.
(4) Membership rights shall be revoked only through the disciplinary procedures set out in Part V of this Act.
2. Good Standing
(1) Every member of the RBA shall take reasonable steps to maintain their good standing, and shall conduct themselves in a manner befitting a member of the legal profession at all times.
(2) All members of the RBA shall be considered in good standing upon admission. A member shall lose good standing automatically where:
(a) They are disbarred under Part V of this Act; or
(b) They accumulate two or more active conduct strikes.
(3) The loss of good standing shall not affect a member's right to practice law. The right to practice law may only be removed through:
(a) Disbarment under Part V of this Act; or
(b) The accumulation of three active conduct strikes.
(4) Good standing shall be restored automatically where:
(a) The period of disbarment imposed under Part V of this Act expires; or
(b) The member's active conduct strikes fall below two.
PART IV — RBA COUNCIL
1. Composition(1) The governing body of the RBA shall be a Council of five individuals, each of equal standing when assembled for matters of business.
(2) The Council shall elect from among its members a Chairperson, who shall:
(a) Act as first among equals and spokesperson for the RBA;
(b) Represent the RBA in public communications;
(c) Cast the deciding vote in the event of a tied Council vote; and
(d) Hold no additional powers beyond those held by other Councillors, as stated in Section 2.
(3) The Chairperson may be removed from the role of Chairperson, without losing their Council seat, by a unanimous vote of the remaining Councillors.
(4) All five Councillors shall be elected by the general membership of the RBA.
(5) No member of the Council may simultaneously hold:
(a) The position of President, Vice President, or Department Secretary;
(b) A seat in Congress; or
(c) A Judicial Officer appointment.
(6) A Councillor who takes up any of the above positions shall vacate their seat on the Council immediately.
(7) Only members of the RBA in good standing may run for and hold a position on the Council.
2. Powers and Duties of the Council
(1) The Council shall have all decision-making power within the RBA, outside of that explicitly reserved for the membership body by this Act.
(2) All decisions of the Council shall be passed by a simple majority of all sitting Councillors.
(3) Quorum. A minimum of three Councillors must be present and voting for any decision of the Council to be valid.
(a) Where a quorum cannot be met, the matter shall be deferred until a quorum is available.
(b) Where a Councillor is recused from a particular matter under subsection (6), they shall not count towards quorum for that matter.
(4) The Council shall be tasked with the following duties:
(a) Advising the Government on matters pertaining to the legal profession, including:
(i) The rights and working conditions of lawyers;
(ii) Proposed changes to laws and regulations affecting legal practice;
(iii) The adequacy of legal education and examination standards; and
(iv) Any other matter the Council considers relevant to the health and integrity of the legal profession.
(b) Providing resources to further the careers and professional development of lawyers;
(c) Ensuring the quality and ethical conduct of lawyers through the disciplinary procedures set out in Part V;
(d) Overseeing the Legal Examinations content;
(e) Creating, amending, and repealing RBA policy through motions.
(5) The Council shall have the power to:
(a) Create, amend, and repeal rules and guidelines on legal ethics, professionalism, and conduct;
(b) Investigate members of the RBA for breaches of ethical, professional, or legal standards.
(c) Impose sanctions on members of the RBA in accordance with Part V;
(d) Set the internal procedures of the RBA;
(e) Exercise all other powers necessary or incidental to the proper functioning of the RBA.
(6) In the event a Councillor has a private interest that may interfere with any particular duty, that Councillor may be recused from that particular duty:
(a) Voluntarily, by the Councillor themselves; or
(b) By a unanimous vote of the remaining Councillors and the Chairperson, excluding the Councillor in question.
(7) All decisions of the Council, including rules, disciplinary outcomes, and election results, shall be published publicly without undue delay.
(8) Councillors shall, in the exercise of their duties, endeavour to:
(a) Act in the interests of the RBA, the legal profession, and all citizens who rely on the legal field as a whole, rather than in the interests of any political party, faction, or individual;
(b) Minimise political conduct and campaigning in the exercise of their duties as Councillors; and
(c) Approach matters before the Council with impartiality and objectivity.
(9) Nothing in subsection (8) shall be construed as limiting the constitutional rights of Councillors, including the freedom of political communication. Subsection (8) sets out a professional standard of conduct expected of Councillors, and not a legally enforceable restriction on their constitutional rights.
3. Elections
(1) The Department of State shall manage all RBA Council elections in a fair and impartial manner, acting solely as the neutral returning officer.
(2) Eligibility.
(a) Only members of the RBA in good standing may vote in RBA elections.
(b) All eligible members shall be given an equal vote.
(c) No member of the RBA, including members of the Judicial Branch, may be barred from voting in an RBA election.
(3) Voting System. RBA Council elections shall be conducted using the Single Transferable Vote (STV) system as defined in the Electoral Act.
(4) Election Timeline. Council elections shall be held in January, May, and September of each year, and shall follow the following timeline:
(a) Declaration Period. A 48-hour period during which candidates may declare their intention to stand, commencing on the first day of the election month.
(b) Voting Period. A 48-hour period immediately following the close of declarations during which members may cast their votes.
(c) Announcement Period. Results shall be released at the earliest opportunity following the close of the voting period.
(d) The incoming Council shall take their seats immediately upon the announcement of results, at which point the outgoing Council's term shall end.
(6) Inaugural Election. The inaugural Council election shall be held within seven days of the enactment of this Act, administered by the Department of State, notwithstanding the election schedule set out in subsection (4).
(7) Subsequent Elections. Subsequent elections shall be called by the sitting Council no later than seven days before the expiry of their term, and administered by the Department of State.
(8) Chairperson Election. Following the conclusion of each Council election, the newly elected Councillors shall elect a Chairperson from among themselves by simple majority vote within 48 hours of the Council being constituted.
(a) Where no candidate secures a simple majority in the first round, the candidate with the fewest votes shall be eliminated and a further vote held, repeating until a candidate secures a simple majority.
(b) Where a tie cannot be resolved by further voting, the Councillor who received the highest number of votes in the Council election from which they were just elected shall be appointed Chairperson.
(c) The Council may, by unanimous vote, adopt alternative procedures for the election of the Chairperson, provided that:
(i) The procedure is published in the RBA forum before it takes effect; and
(ii) The procedure ensures the Chairperson is elected by the Council, from among its five respective members.
4. Special Elections
(1) Where a vacancy arises on the Council mid-term:
(a) A special election shall be held within 48 hours of the vacancy becoming available through resignation or removal;
(b) The special election shall follow a 48-hour declaration period followed by a 48-hour voting period; and
(c) The winner shall serve only the remainder of the term of the Councillor they replace.
5. Removal of Councillors
(1) A Councillor may be removed by:
(a) A unanimous vote of the remaining Councillors, where the Councillor has been found to have engaged in conduct warranting sanction under Part V of this Act; or
(b) A supermajority vote of two-thirds of the active membership of the RBA as a whole, called by a petition signed by at least 25% of the total voters in the prior Council election.
(2) A Councillor removed under subsection (1)(a) may not stand for election to the Council for a period of one Council term following their removal.
(3) A Councillor removed under subsection (1)(b) shall not be subject to any restriction on standing for future Council elections by reason of their removal alone.
PART V — DISCIPLINE
1. Disciplinary Powers(1) The Council of the RBA may investigate any member of the RBA for conduct that:
(a) Breaches the ethical, professional, or legal standards of the RBA; or
(b) Brings the legal profession into disrepute; or
(c) Constitutes a legal offence under any other law.
(2) Investigations shall be:
(a) Conducted in a fair and impartial manner;
(b) Fact-finding in nature, limited to gathering and assessing evidence related to the alleged conduct; and
(c) Concluded with a written summary of findings, including all evidence gathered, which shall be provided to the subject of the investigation and may be published publicly.
(3) Following an investigation, the Council may impose any of the following sanctions by majority vote:
(a) A private warning; or
(b) A public censure or reprimand.
(4) No sanction under subsection (3) may be imposed without:
(a) Written notice to the member of the alleged conduct and the evidence supporting it;
(b) A reasonable opportunity for the member to respond to the evidence; and
(c) A majority vote of the Council in favour of the sanction.
2. Disbarment
(1) Disbarment is the most serious sanction available to the RBA and may only be imposed by order of the Federal Court.
(2) Where the Council determines, following an investigation, that disbarment may be warranted, the Council shall initiate civil proceedings by filing a case before the Federal Court against the member for Violation of RBA Standards.
(3) The filing must clearly set out:
(a) The evidence gathered during the investigation;
(b) The specific provisions of the RBA’s ethics rules, guidelines, or this Act that are alleged to have been breached; and
(c) The period of disbarment sought by the Council.
(4) The proceedings shall be conducted as a civil trial, in which:
(a) The RBA shall bear the burden of proving the alleged conduct on the balance of probabilities; and
(b) The Defendant shall have a full and fair opportunity to respond to the evidence and make submissions.
(5) The maximum period of disbarment that may be imposed is two months.
(a) Multiple offences or breaches alleged in the same or separate proceedings may not be aggregated to exceed this maximum.
(6) A member who has been disbarred may appeal the Federal Court’s decision to the Supreme Court.
PART VI — LEGAL RANKS AND PRACTICE RIGHTS
1. Legal Ranks(1) The legal profession shall be organised into three ranks;
(a) Solicitor;
(b) Barrister; and
(c) Attorney.
2. Solicitor
(1) The Solicitor rank shall:
(a) Be the entry-level legal qualification;
(b) Grant the holder the privilege to practice law in District Courts; and
(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 the District Court;
(iii) Provide legal advice within District Court jurisdiction;
(iv) Officiate marriage and divorce proceedings.
3. Barrister
(1) The Barrister rank shall:
(a) Be awarded upon passing any one specialisation examination, where a barrister may collect as many specialisations as they are qualified for to gain the perks of said specialisation;
(b) Include all powers and privileges granted to Solicitors;
(c) Grant additional privileges to practice in Federal Courts within their specialisation(s); and
(d) Permit the holder to:
(i) Represent clients in Federal Court proceedings within their specialisation(s).
(ii) File cases in the Federal Court within their specialisation(s).
(iii) Provide legal advice for matters within Federal Court jurisdiction.
4. Attorney
(1) The Attorney rank shall:
(a) Include all powers and privileges granted to Solicitors and Barristers;
(b) Require completion of all current specialisation exams;
(i) Lawyers who achieve the Attorney rank will not have to take any novel specialisation exam if a new test is added after they attain the Attorney rank.
(c) Grant the privilege to practice in all courts without any restrictions or exceptions, including the Supreme Court, unless so ordered by the BAR; and
(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;
PART VII — EXAMINATIONS
1. Department of Education Powers(1) With regard to all legal examinations, 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; and
(d) With at least 14 days notice:
(i) Implement changes to the examination system; and
(ii) Create or remove specialisations within the Barrister rank.
(2) The Department of Education must:
(a) Consult with the Council of the RBA before implementing changes to the legal exams;
(b) Provide public notice of any changes to exams or examination requirements;
(c) Ensure examination standards remain consistent with legal practice needs; and
(d) Maintain records of all qualified legal practitioners.
2. 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; and
(d) Provide reasonable accommodations for technical issues.
PART VIII — SUPERVICES PRACTICE AND GOVERNMENT LEGAL WORK
1. Supervised Practice(1) A licensed legal practitioner of any rank may practice in any court when:
(a) They are employed by or contracted to a law firm;
(b) They are under the direct supervision of an Attorney-ranked practitioner; and
(c) The supervising Attorney assumes responsibility for their work.
(2) A licensed legal practitioner of any rank may give legal advice without restriction, and is immune from Legal Qualification Fraud or Legal Malpractice when:
(a) They are employed by or contracted to a law firm;
(b) They are under the direct supervision of an Attorney-ranked practitioner; and
(c) The supervising Attorney assumes responsibility for their work.
(3) The supervising Attorney must:
(i) Review and approve all court filings;
(ii) Be present for in-game court appearances and oversee forum posts; and
(iii) Maintain ultimate responsibility for the case.
2. Government Legal Practice
(1) Licensed legal practitioners employed by the Department of Justice may practice in any court when they are:
(a) Acting in their official capacity;
(b) Appointed to the case; and
(c) Supervised by a Department superior who possesses the Attorney rank.
(2) Licensed legal practitioners serving as Public Defenders may practice in any court when they are:
(a) Acting in their official capacity;
(b) Appointed to the case; and
(c) Overseen by a Department superior who possesses the Attorney rank.
PART IX — LEGAL STANDARDS
1. 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.
2. Conflict of Interest
(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 fulfil another.
(2) In the legal context, a conflict of interest is defined as the situation where the same legal counsel represents both the defence 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.
3. Abuse of Legal Process
(1) A member of the RBA shall not initiate or pursue a legal claim in bad faith, for improper purposes, or without a reasonable basis.
(2) A finding of Abuse of Legal Process by a court shall constitute grounds for the Council to open a disciplinary investigation.
PART X — TRANSITION
1. Transition(1) All existing legal qualifications held under the Modern Legal Reform Act shall be recognised and carry over under this Act without the need for re-examination.
(2) The inaugural Council election shall be held within 14 days of the enactment of this Act in accordance with Part IV of this Act.
(a) Until the inaugural Council is constituted, the RBA shall have no disciplinary powers, and no person may be disbarred under this Act.
2. Amendments to the RCCA
(1) Part IX of the Redmont Civil Code Act shall be amended by adding the following new section:
"3. Violation of RBA Standards
Violation Type: Intentional/Negligent
Remedy: Up to 2 months disbarment
A person commits a violation if the person:
(a) being a member of the Redmont Bar Association; and
(b) is subject to proceedings initiated by the RBA under this section; and
(c) breaches the ethical, professional, or legal standards of the RBA; and
(d) the breach is of sufficient severity to warrant disbarment having regard to:
(i) the nature and seriousness of the conduct;
(ii) the harm caused to any affected party; and
(iii) the importance of maintaining the reputation of the legal profession.
This violation shall not occur where:
(e) the conduct has already been the subject of a disbarment order under this section.
Relevant Law: Act of Congress - Redmont Bar Association Act"
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