Legal Practice Act 2022

Legal Practice Act, 2022
Parliament of Great Britain and Ireland
An Act to regulate enable and regulate the practice of Law within the Empire.
Citation	Original Text
Enacted by	House of Commons
Date enacted	30 October, 2022
Enacted by	House of Lords
Date enacted	16 November, 2022
Date of Royal Assent	17 November, 2022
Signed by	HM Queen Elizabeth III
Introduced by	Elio Abelman
Amends
None
Repealing legislation
None
Related legislation
Amended by Legal Practice Amendment Act, 2023
Status: In force

Amendment Keys

Colour #1C8007 refers to amendments brought into force by Legal Practice Amendment Act, 2023.

Content of the Act

Article I || Titles

1.00 || This Act may be cited and referred to in short as the Legal Practice Act 2022.

1.01 || This Act may be referred to in full as An Act to regulate enable and regulate the practice of Law within the Empire

Article II || Definitions

2.00 || Barrister - A citizen 'called to the Bar', who is authorised to practice Law within the Empire, and perform certain actions and duties within the Justice System of the Empire.

2.01 || Called to the Bar - When citizens are recognised as able and qualified to practice Law, and argue in front of the Justice System in legal matters, they are "Called to the Bar". This additionally entitles them to Membership of the Bar Council.

2.02 || Actions and Duties -

- Represent citizens in any Legal matters.

- Found and run a private Legal Business (providing they also meet other qualifications for the founding of a Business).

- Serve as a Public Defender, when required.

- Eligibility to use the Postnominals KC (King's Counsel), QC (Queen's Counsel), or SC (Sovereign's Counsel) depending on the Sovereign at the discretion of the Sovereign.

Article III || Barristers

3.00 || The only citizens authorised to perform actions and duties within the Justice System of the Empire will those recognised as a Barrister. 3.00a || This does not preclude the right of Citizens with standing in any matter to represent themselves, if they so choose.

3.01 || Barristers must be Qualified to serve. The methods of Qualification are as follows: 3.01a || A recognised Law Degree from an Educational Institution within the Empire. 3.01b || Experience prior to the passing of this Act, such as - Serving as a Chief/Associate Justice, acting in matters before the Courts, or anything else that may be judged relevant. 3.01c || Those who have passed the Bar Exam. Those who have met qualifications 3.01a and 3.01b will still be required to meet this qualification.

3.02 || The Bar Council is responsible for approving applications for those wishing to be Called to the Bar. 3.02a || In addition to the Qualifications listed above, the Bar Council may rely on any other method of application or testing as may be reasonable in its judgement.

3.03 || Once Called to the Bar by the Bar Council, Barristers are entitled to perform the following actions: 3.03a || Argue before the Court, in Cases and Appeals. 3.03b || Represent citizens in any Legal matters. 3.03c || Found and run a private Legal Business (providing they also meet other qualifications for the founding of a Business). 3.03d || Serve as a Public Defender, when required. 3.03e || Eligibility to use the Postnominals KC (King's Counsel), QC (Queen's Counsel), or SC (Sovereign's Counsel) depending on the Sovereign at the discretion of the Sovereign.

3.04 || All Barristers are entitled to Membership of the Bar Council, subject to any rules, restrictions, and orders of that body.

3.05 || Where a Barrister is subject to removal, a Hearing will be convened by the Supreme Court. The Barrister is entitled to represent themselves, or seek other representation, at this hearing. The Bar Council is entitled to have input into proceedings, and the Court may also choose to invite any other competent parties to provide input. The Supreme Court will then decide the outcome.

3.06 || Any Barrister removed, temporarily or permanently from that role, may in future still re-apply to the Court for recognition - but this does not have to be granted.

3.07 || Upon this Act coming into effect, the following will be recognised automatically as Barristers, and Members of the Bar Council without being subject to other requirements set forth in this act: 3.07a || Current and Former Chief Justices of the Supreme Court. 3.07b || Current and Former Associate Justices of the Supreme Court. 3.07c || Current and Former Attorneys General/Justice Secretaries and their Deputies. 3.07d || Current and Former Lord/Lady High Chancellors.

Article IV || The Bar Council

4.00 || The Bar Council of the Empire of Great Britain (in short: The Bar Council) is hereby established as the collective membership organisation of all recognised Barristers in the Empire.

4.01 || The Bar Council has the following duties and responsibilities: 4.01a|| To accept or deny applications to the Bar and may set further requirements for such 4.01b || To represent Barristers and their needs 4.01c || To author and administer the Bar Exam; which shall be equivalent to a Bachelor's of Law (LLB) from Oxford University 4.01d || To provide advice to the Supreme Court and Parliament on the following: 4.01d i. || Appointments to the Supreme Court 4.01d ii. || Any other matter requested of it. 4.01e || To seek to recruit more citizens into the legal profession. 4.01f || To uphold standards in the legal profession. 4.01g|| To draft their own regulations on the elections of the Chair and Leadership team of the Bar Council and anything else under the Bar Council's purview

4.02 || The Bar Council shall be led by a Chair and a Leadership Team. The composition of the Leadership Team shall be decided by The Bar Council's own regulations. 4.02a || The Chair, and Leadership Team, are elected positions from within the Membership of the Bar Council. 4.02b || Term Lengths for the Chair and Leadership Team, as well as any other Qualifications for this role, shall be governed by The Bar Council's own regulations.

Article V || The Bar Exam

5.00 || The Bar Exam is established as a Qualification to serve as a Barrister.

5.01 || The content and structure of the Bar Exam will be determined by the Bar Council.

5.02 || In order to take the Bar Exam, an applicant must have the following: 5.02a || A recognised Law Degree from an Educational Institution within the Empire. 5.02b || Experience prior to the passing of this Act, such as - Serving as a Chief/Associate Justice, acting in matters before the Courts, or anything else that may be judged relevant by the Bar Council.

5.03 || The Bar Council is responsible for providing Bar Exams to applicants upon application, within a reasonable timeframe.

Article VI || Public Defenders

6.00 || The role of Public Defender is established.

6.01 || All recognised Barristers may volunteer to be Public Defenders.

6.02 || Public Defenders are responsible for, when assigned by the Supreme Court, representing citizens in legal matters. The Court can choose any Public Defender at will, though Public Defenders cannot be compelled to agree to their choosing.

6.03 || If there are no Public Defenders, or no serving Public Defenders wish to agree to the Supreme Court's call, the Court may choose any other Barrister to serve temporarily as a Public Defender on the matter in question, though Barristers cannot be compelled to agree to their choosing.

6.04 || If a Public Defender refuses a call more than once, they can be removed from that role by the Supreme Court.

6.05 || Compensation for Public Defenders may be given at the choosing of the Supreme Court, but this is not mandatory.

Article VII || Ratification

7.00 || This Act shall come into effect upon passage by both Houses of Parliament with a simple majority and assent by the Sovereign or other authority as established under the Monarchy Act of 2021.