Legal Profession Classification and BAR Licensing Act

Purpose

This legislation establishes the formal classification of lawyers, paralegals, and legal aides within the State of San Andreas, defining their rights, responsibilities, and legal standing when operating within government institutions. It also codifies the system for granting and maintaining BAR Licenses, ensuring oversight, accountability, and protection for all practitioners and their clients.

Constitutional Justification

Under Article III - Rights and Freedoms of the Constitution, the Right to Health and Protection of Others guarantees citizens access to fair and competent legal representation. When lawyers and paralegals are performing official duties within City Hall, Police Stations, or other government-designated facilities, they are to be recognised as Government Employees under the Penal Code, with the same protections and obligations that status entails.

Article I - Definitions

• Lawyer / Attorney / Counsel — A person formally recognised as a BAR-certified individual authorised to practice law within the State of San Andreas. Lawyers possess rights of audience before the courts and the Department of Justice Docket, and may represent clients in civil, criminal, and appellate matters.
• Paralegal — An individual who assists a lawyer with legal work but is not authorised to practice law independently. Paralegals may conduct research, prepare documentation, and assist with filings under the direct supervision of a BAR-certified lawyer.
• Legal Aide — A citizen not formally BAR-certified who may offer lay representation or assistance in specific, limited contexts such as cell representation or minor civil hearings. Legal Aides may only appear with judicial approval and are not representatives of the Department of Justice or its Bar Association.
• BAR License — A legal certification issued by a Justice of the San Andreas Department of Justice granting the right to practice law, represent clients, and hold rights of audience before the courts and on the docket.
• Probationary BAR License — A temporary certification issued to new or supervised practitioners allowing limited practice rights under defined conditions.
• On-Duty Status — The classification of lawyers and paralegals as Government Employees when performing official duties, such as:
  • Representing clients in legal or governmental matters; or
  • Providing legal counsel or services within a government-designated facility.
• Pro-Se Representation — The right of a citizen to represent themselves in legal matters, with express judicial authorisation. Pro-Se individuals are not considered Government Employees nor part of the Department of Justice.

Article II - BAR Licensing

1. Issuance of BAR Licenses
   • BAR Licenses shall be issued only by a Justice of the San Andreas Department of Justice.

• Applicants must demonstrate sufficient legal knowledge, competence, and ethical understanding to qualify.
  • The Department of Justice reserves the right to deny or revoke a license at its discretion.
  • Must not have any felonies.

2. Probationary BAR Licenses
   • A Probationary BAR License may be issued to individuals under training or evaluation.
   • Probationary holders may represent clients in:
     • Cell representations;
     • Civil suits;
     • Bench trials.
   • They may not conduct jury trials, criminal appeals, or major felony trials without direct oversight by a full BAR-certified attorney.
   • Probationary BAR Licenses may be revoked at any time by a Justice if deemed necessary due to performance, conduct, or ethical concerns.
   • A Probationary License may be upgraded to a full BAR License following review and approval by a Justice.
3. Supervised Practice
   • Probationary attorneys must operate under the guidance of a full BAR-certified attorney when conducting restricted legal actions.
   • The supervising attorney shall share responsibility for all work and advice rendered by the probationary practitioner.
4. Revocation and Suspension

• The Department of Justice may revoke or suspend any BAR or Probationary License for:
  • Professional misconduct or negligence;
  • Breach of confidentiality;
  • Misrepresentation of authority or status; or
  • Being charged with a felony.
  • Revocation or suspension shall be formally recorded with justification by the presiding Justice.

5. Recordkeeping The Department of Justice shall maintain an up-to-date BAR Registry listing all active, suspended, and probationary attorneys.
   • This registry shall be accessible to the judiciary and law enforcement agencies.
   • Each entry must include the name of the issuing Justice and the date of issuance or revocation.

Article III - Protections and Obligations

1. Lawyers and paralegals acting within designated facilities shall be afforded full Government Employee protections under the Penal Code.
2. Any assault, obstruction, or interference with a lawyer or paralegal performing official duties constitutes an offence equivalent to that committed against a government official.
3. BAR-certified practitioners are required to uphold integrity, confidentiality, impartiality, and ethical conduct in all professional duties.
4. The Department of Justice reserves the authority to issue professional conduct memoranda or interpretive rulings to clarify acceptable legal standards and courtroom practice.

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Signatories:

• Justice Bailey Harvey
• Justice Peter Brackley
• Justice Mina Mercy
• Justice Tess Timony
• Justice James Anderson