Rescinded FOP (Fairness to Opposing Party)

Dusty_3

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Establish Protections in Legal Proceedings

The Parliament of Stratham enacts:

Section 1. Short Title

(1) This Act is the Fairness to Opposing Party

Section 2. Commencement

(1) All Provisions shall come into effect upon passage.

Section 3. Reasoning

(1) Currently there is a lack of laws that protect witnesses, victims, clients and attorneys from unethical behavior from opposing party's. This bill ensures ethicality in the legal sector, while deterring individuals from privately intervening in an ongoing court case.

Section 4. Witness and Evidence Protection

(1) Individuals that intimidate, threaten, or manipulate another person, or attempt to do so, in order to influence, prevent, or delay the testimony of any person in Judiciary proceedings - or any attempt by an individual to destroy or manipulate evidence shall be punishable by the following;

(a) Manipulation of Witnesses or Evidence

First Offense: K500 fine, 10 minutes jail time + removal of lawyer license for 15 days
Second Offense: K2000 fine, 20 minutes jail time + removal of lawyer license for 30 days
Third Offense: K5000 fine, 30 minutes jail time + removal of lawyer license for 90 days
Further Offenses: K10000 fine, 50 minutes jail time + removal of lawyer license permanently

Section 5. Attorney-Client Privilege
(1) Any conversations between a client and their attorney during a court case are considered confidential. The "attorney" is considered the attorney or law firm of record in a court proceeding and an attorney or law firm that works for their client via a contract. A "client" is considered the individual who employs the attorney. This protection applies to both, and serious punishment is enforced to deter this kind of breach.

(a) Confidential information is considered as anything discussed between a client and their attorney during the employment of the attorney. The release of any confidential information is strictly prohibited by either the client or attorney, unless in the event of a legal demand (where the court orders the release of communications).

Breach of Attorney-Client Privilege

First Offense: K2000 fine, 20 minutes jail time + removal of lawyer license for 30 days
Second Offense: K5000 fine, 30 minutes jail time + removal of lawyer license for 90 days
Third Offense: K10000 fine, 50 minutes jail time + removal of lawyer license permanently

(b) If an lawyer works for a client without a contract or entered as name in a legal proceeding, the lawyer is expected to inform their client that attorney client privilege does not apply without a contract. While the lawyer is expected to, it is not enforced that they must.

(c) Any breach of confidential information is considered inadmissible, and cannot be used or considered in a court case under any circumstances. To obtain confidential information, the judge must feel as though it is reasonable to order the release of the confidential information.

Section 6. Client Protection

(1) An attorney must tell their client the truth. They also are to present any information to their client, regarding their clients case, in a reasonable time, which includes any discussions held outside of court.

(2) A lawyer, or any of the lawyers potential allies, may not contact opposing counsel without opposing counsels attorney of record present, regarding the ongoings of their case. If opposing counsel wishes to contact the lawyer, they must have their attorney present.

(3) Breach of Client Protections

First Offense: K500 fine, 10 minutes jail time + removal of lawyer license for 15 days
Second Offense: K2000 fine, 20 minutes jail time + removal of lawyer license for 30 days
Third Offense: K5000 fine, 30 minutes jail time + removal of lawyer license for 90 days
Further Offenses: K10000 fine, 50 minutes jail time + removal of lawyer license permanently

(a) Any discussions held or decisions made with opposing counsel that breaches Client Protection, can be overturned or deemed inadmissible in a courtroom.

Section 7. Enforcement

All laws in this bill are court determined and enforced by the DoJ.

Authored by Dusty_3 on behalf of myself.
 
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Cherub54321

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This bill has received Prime Ministerial approval.
 
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