NATION DEBATES ROLE OF POLITICAL DISCOURSE Several threads have croppped up recently discussing the Talossan social and political climate and...Read More
L’Avocatür Rexhital Talossan
Azul and welcome to the Royal Talossan Bar’s Homepage. On this page you’ll find all you need to know about the Royal Talossan Bar, who’s who in the Royal Talossan Bar and what we are all about, along with information on how to find a lawyer and how to become one! If after reading this page you have any questions, please do not hesitate to contact the Chancellor of the Royal Talossan Bar with your question.
What is the The Royal Talossan Bar?
The Royal Talossan Bar (RTB) is a mandatory (integrated) bar & a voluntary legal association of Talossan Lawyers (sorry to disappoint those that thought the was the other “bar”) that was established by the The Talossan Bar Act (32RZ11). Prior to this Act, the practice of law was largely unregulated and citizens of Talossa in need of legal services had no assurance that the lawyers they hired had had even minimum legal training or any legal training at all. To address this situation, the Ziu passed the Talossan Bar Act to make it mandatory for “any person wishing to practise law as a barrister, solicitor, lawyer, or attorney” to be a member of the Royal Talossan Bar. Therefore, lawyers (or any legal professionals) are required to join the bar in order to practice law in a Talossan Court.
The use of the term “bar” to mean “the whole body of lawyers, the legal profession” comes ultimately from English custom. In the early 16th century, a railing divided the hall in the Inns of Court, with students occupying the body of the hall and readers or Benchers on the other side. Students who officially became lawyers crossed the symbolic physical barrier and were “admitted to the bar”. Later, this was popularly assumed to mean the wooden railing marking off the area around the judge’s seat in a courtroom, where prisoners stood for arraignment and where a barrister stood to plead. In modern courtrooms, a railing may still be in place to enclose the space which is occupied by legal counsel as well as the criminal defendants and civil litigants who have business pending before the court.
Aims and objectives of the Royal Talossan Bar
The Royal Talossan Bar aims:
- To provide its clients, through our members, with a high level of expertise in all areas of law and skilled advocacy (pleading a case) by people of integrity and independence.
- To represent the legal profession at the national level,
- To speak on behalf of our members on national issues affecting the legal profession
- To promote the administration of justice, access to justice and general improvement of the law.
- To seek to ensure that the benefits of the administration of justice are reasonably and equally available to all members and citizens of the Kingdom.
- To promote fair and honourable practice amongst Lawyers and to suppress, discourage and prevent malpractice and professional misconduct.
- To inquire into questions as to professional conduct and etiquette of Lawyers
How can I contact/hire a Talossan Lawyer?
Talossan Lawyers are ready and willing to help any citizen of Talossa who needs their expertise, advise or help in any Legal matter, whether it is a question about the legality of a issue or fighting a case on your behalf.
Who’s who in the Royal Talossan Bar?
The Royal Talossan Bar, headed and managed by the Chancellor of the Royal Talossan Bar, who is chosen by the Senäts with a majority vote, to serve the people of Talossa as the top legal mind, separate from the political structure. They have powers to approve or remove Bar candidates or its members to the Royal Talossan Bar along with overseeing the running and internal administration of the Royal Talossan Bar.
They are appointed by the Chancellor from the ranks of Junior Members. It is a mark of eminence to be appointed a Senior Member. Senior Members are expected to be extensively experienced in the practice of law over many years and to bring a high level of legal knowledge, skill and judgment to any task in which they are professionally engaged & are typically instructed in more serious or complex cases.
A Lawyer at the start of his or her career, such as just passing after passing the bar exam or who has not had a lot experience in the law and legal issue, is known as a junior member. After some period in practice, a junior member can apply to become a senior member which is a status awarded by the Chancellor. Junior members, generally handle legal questions and enquires, along with cases which are not overly complex or complicated. Junior members are appointed by the Chancellor of the bar, upon them passing the Bar Exam.
These are not lawyers or members of the Bar, but are citizens who have applied to the Chancellor for permission to understudy one or more of the members of the bar, in preparation for the Bar Exam. It will soon be a requirement that any person wishing to sit the Bar must be a Student Lawyer, however the Chancellor has not officially set a date for this requirement to begin.
What is the cost of employing a Lawyer?
The Royal Talossan Bar is a Free Service. Lawyers of the Royal Talossan Bar do not charge nor accept any fee or charge for their services, however, should the Lawyer have to pay any case related costs (such as postage of evidence, hiring/engaging the services of a expert witness or any other cost approved by the Chancellor etc…) these costs may be charged to you and you will be given notice of these costs before they incur, so you are free to refuse such service/cost.
What are the main duties of a Lawyer?
A Lawyer has a number of core duties
(a) Duty to the court
Lawyers have an overriding duty to the court to act with independence, to act in the interests of justice and to ensure that, in the public interest, the proper and efficient administration of justice is achieved. By way of example, if a client wants a lawyer to lie to the court, or to mislead the court, or to hold back damaging documents which the court has ordered to be produced, the lawyer is obliged not to do this under any circumstances.
(b) Duty to promote the client’s interests
Subject only to their paramount duty to the Court and the administration of justice, lawyers must promote and protect fearlessly and by all proper and lawful means the best interests of the client they represent.
(c) Duty of independence
Every lawyer is completely independent. He or she is not in partnership with anybody, will not do a case if he or she has any conflict of interest and is free of any control by the Government or any outside organisation as to how he or she advises and represents you. Ensuring lawyers are and remain independent has always been a key aspect of client protection, the defence of individual rights against the State and the administration of justice.
(d) Duty to represent a client irrespective of the lawyer’s private views
A lawyer cannot refuse to take on a case in the field in which he or she practices simply because he does not like the client or his beliefs or on the basis of any opinion which the lawyer may have formed as to the character, reputation, conduct, guilt or innocence of the client or the political, religious or other cause the client may be promoting.
Every client has a right of access to the courts and to the administration of justice. Every client has a right to be represented by a lawyer who. Lawyers can not pick and choose which types of clients they act for if the work is within their area of expertise. Like a taxi offered a fare, the lawyer has to take the passenger (i.e. the client) if he or she is free. The purpose of this rule is to give every client, as far as possible, an equal right of access to lawyer and to legal representation in court.
So what is this code of ethics, I keep hearing about?
The Code of Ethics (CoE) is a set of rules and regulations which all members of the Bar must obey, in order to ensure the highest, professional standards from all lawyers. Breach of the CoE will result in a disciplinary hearing and possible expulsion from the Bar.
A copy of the CoE will be available soon
How can a lawyer act for a person when they know they are guilty of a criminal offence(s)?
The Bar’s rules of conduct (to be published shortly) require that a lawyer must accept a brief from a Chancellor or Client to appear before a court in a field in which the lawyer practices or professes to practice if the brief is within the lawyer’s capacity, skill and experience, and they are available. The role of the lawyer is not to judge the client but to serve as an advocate in the client’s interests, subject to not misleading the Court.
If the client has confessed to the lawyer to the crime of which he or she is accused, or admitted an incriminating fact, but still wishes to fight the case instead of pleading guilty, the lawyer, if the client so instructs, can still defend the case by making the State prove the client committed the crime. But the lawyer cannot call evidence or make submissions to the judge or jury that the client did not commit the crime. The lawyer can cross-examine the prosecution witnesses with a view to showing that the State has failed to prove his or her client committed the crime and should therefore be acquitted.
People ask why a lawyer should try to get a client acquitted if the lawyer knows he is guilty. The reason is that in a free democratic society, nobody should lose their liberty unless the State proves through proper admissible evidence and due process of law that the accused is guilty.
How do I make a complaint against a lawyer?
Making a complaint is your right and helps to ensure that the services of lawyers are maintained at the highest standards. If you wish to complain about the service provided by a lawyer, there is an complaints mechanism available for consumers whereby you can make a formal complaint to the Chancellor
What can I complain about?
You can complain about a lawyer if:
- they have failed in any way to give you proper professional standards;
- they have committed any professional misconduct; or
- they have brought the profession into disrepute.
For example, you could complain about a lawyer if they:
- mislead the court;
- fail to keep your affairs confidential;
- act against your instructions;
- act against your best interests;
- cause serious delay in proceedings or dealing with papers;
- act dishonestly or discreditably;
- bully you; or
- are seriously rude to you.
The Chancellor will investigate your complaint and has powers to deal with lawyers s/he find guilty of disciplinary charges. S/He can censure, remove membership from the bar, suspend the member from the bar for a period or restrict the practice of the lawyer. There is no appeal once a decision has been made.
How do I become a Lawyer?
To become a Lawyer you must first pass the Bar Exam, which is set by the Chancellor of the Bar and marked by the Board of Examiners (The Uppermost Court and the Chancellor). Once you have passed your exam, the Chancellor will consider your admission to the Bar and will appoint you as a Junior Member of the Bar. Once appointed you will become a member of the Bar and bound by its rules and ethics. You will be entitled to practise law in Talossa and represent clients in all Talossan Courts.
Later this year, (date TBC), it will be a requirement for ALL persons to engage in the “reading law” method, this means those wishing to take the Bar Exam must study under a judge or practising lawyer for an period of time, before they will be eligible to sit the Bar Exam.
If you are interested in sitting the Bar Exam or wish for further information on the Bar Exam, please contact the Chancellor who will be more than happy to help you out.
OK, so I read the page, but you still haven’t answered my question?
This is sad to hear as we intend to put as much information about the bar online, however, no list can be exhaustive, so please email your question to email@example.com and they’ll try their best to answer your question!
Whilst every effort has been made to ensure the accuracy of the information/material contained on the web page, The Bar, the Chancellor and/or Members of the Bar, its servants or agents assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided on the web site and do not accept any liability whatsoever arising from any errors or omissions.