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Introduction by Governor of
Republic of New Lemuria Bar Association |
The Republic of New Lemuria Bar Association not only licenses the
practice of law within the territories and possessions of the
Republic of New Lemuria, but uniquely regulates its member practice outside its geographic boundaries, where subject matter
jurisdiction is invoked under the laws of the Republic of New
Lemuria. The Bar Association works closely with the
Republic of New Lemuria Permanent Court of Arbitration,
which sits by designation in judgment of disputes heard in many host
countries. Bar Association attorneys are uniquely qualified to represent the
interests of parties appearing before the Bar Association, as the parties have
chosen to have their dispute settled under the laws of the Republic
of New Lemuria. If
you have not yet become a member of the Bar Association and would like to submit
an application, we encourage you to
CLICK HERE TO FILL OUT YOUR MEMBERSHIP APPLICATION. Once you
have completed your application, please submit it to:
Office of the Governor
Republic of New Lemuria Bar Association
Administrative Office of the Bar
3218 Friendly Lane, Haltom City, TX 76117
Tel:
1-800-373-2413 Fax: 1-800-231-2299
To contact the Bar Association Click Here
View
sample bar examination questions
Below
you will find a sample of what the true Republic of New Lemuria Bar Association
Membership Card looks like. All MBA lawyers are issued membership
cards with their picture on it. Under the Republic of New Lemuria Bar
Association Act of 1997, all lawyers licensed to practice before
Republic of New Lemuria courts are issued identification cards similar to the
sample shown below, and may be required to present their identification card when appearing before a court. Lawyers who have not received their
identification cards should immediately contact the Republic of New
Lemuria.
(SAMPLE
of a Republic of New Lemuria
Bar
Association Membership Card)
As
a matter of Continuing Education of the Bar, it is strongly
suggested that Republic of New Lemuria lawyers obtain a copy of and thoroughly
familiarize themselves with the contents of:
"Commentaries
on the Laws of England" by Sir William Blackstone
Facsimile Edition Vols I-IV, re-published by The University of
Chicago Press (Chicago 1969)
"The
Criminal Jurisprudence of the Ancient Hebrews. Compiled
From the Talmud and other Rabbinical Writings, and Compared with
Roman and English Penal Jurisprudence"
by S. Mendelsohn (Baltimore: 1891);
and
"A
Restatement of Rabbinic Civil Law" by Emanuel Quint Vols I-IX,
Published by Jerusalem Institute of Jewish Law Jason Aronson Inc.
(Northvale, New Jersey, 1990)
Much of what is written in the foregoing has immediate relevance to
the practice of law under the laws of the Republic of New Lemuria.
In the coming months, the Republic of New Lemuria Bar Association
will begin publishing a monthly journal, which will be made
available to members on a subscription basis. Look for your
subscription materials in the near future.
Peace
Be With You Now and Throughout This New Year.
[SEAL]
[L.S.] /s/
Hon.
Dean Richards, J.D.
Chief
Judge
Republic of New Lemuria Permanent Court of Arbitration and
Governor of the Republic of New Lemuria Bar Association
NOTICE:
The Republic of New Lemuria Supreme Court has adopted the Model Rules of
Professional Conduct effective November 1, 2008. Click
here to view or print them.
Republic of New Lemuria Bar Association Act of 1997.
ATTORNEYS AT LAW
Part l -- Licensing Authorities
101.
Name.
102.
Seal.
103.
Principal Office.
104.
Service of Process.
105.
Purpose.
106.
Governor.
107.
Other Officers Names.
108.Journal Provided for.
109.
Supreme Court to Establish Rules.
110.
Examining Board.
111.
Compensation and Expenses of Members of the Board.
112.
Definitions.
Part 2—Licensing by Certificate of Competence
201.
Who considered to be practicing law
202.
Who may be admitted as attorney.
203.
Qualifications, examination, and admission.204. Application and
examination fees.
204. Application and examination fees.
205.
Certificate of admission and license.
206.
Asseveration, Not Oath.207. Ad hoc admission of attorneys from other
countries. .
208.
Roll of attorneys.
209.
Penalty for practicing without license.
210.
Annual license tax211. Collection of delinquent license tax.
212.
Allowance of attorneys' fees to unlicensed people forbidden.
Part 3--Disbarment and Suspension
301.
Disbarment.
302.
Record of conviction.
303.
Proceedings required on receipt of record of conviction.
304.
Supreme court to make procedural rules305. Witness fees and
expenses.
305.
Witness fees and expenses.
306.
Judgment.
Part 4--Provisions Regulating Practice
401.
Authority of attorney.
402.
Production of proof of authority to court.
403.
Change of attorney404. Notice of change.
404.
Notice of change.
405.
Death or removal of attorney.406. Penalty for deceit.
407.
Penalty for delay.
408.
Attorney prohibited from acquiring claim or demand for purpose of
bringing action.
409.
Penalty for violation.
410.
Limitation.
411.
Same rule when party prosecutes in person.
412.
Partner of public prosecutor not to defend.
413.
Former public prosecutors not to defend.
414.
Partners not to appear on opposite sides.
415.
Penalty for violation of two preceding sections.
416.
Party may appear in person or by attorney.
417.
Attorney may defend in person.
418.
Judgment lien for compensation.
419.
Attorney's or litigant's liability for excess costs.
Part l -- Licensing Authorities
101.
Name. The name of this Bar shall be the "Republic of New Lemuria Bar".
102.
Seal. The Republic of New Lemuria shall have a seal, to be
kept in the Office of the Governor of the Republic of New Lemuria, a
corporation sole, organized under the laws of the Republic of New Lemuria, which seal shall be written and appear in the following
form: A circular embossed seal bearing the term "BAR ASSOCIATION
GOVERNOR Republic of New Lemuria' and bearing the Seal of Solomon in
the centre thereof.
103. Principal Office.
The principal office of the Republic of New Lemuria Bar shall be
established by the House of Elders of the Republic in a place
convenient to the Governor of the Republic of New Lemuria Bar
Association.
104. Service of Process.
Service of a lawful citation or any other lawful notice upon the
Republic of New Lemuria Bar Association may be had upon the House of
Elders of the Republic of New Lemuria.
105. Purpose.
The purpose of the Republic of New Lemuria Bar Association shall be
the advancement of the administration of "Peace" and "Righteousness"
introduced by Melchizedek to Abraham in accordance with the revealed
Divine Law of the Most High God within the field of jurisprudence;
the encouragement of cordial relations between Bench and Bar and the
Republic of New Lemuria citizenry; and the protection of the
professional interest of the members of the Republic of New Lemuria
Bar.
106. Governor.
The Republic of New Lemuria House of Elders shall appoint a Governor
of the Republic of New Lemuria Bar Association which shall be a
lifetime appointment or explicitly denominated an "appointment at
pleasure of the Republic of New Lemuria House of Elders." The
Governor shall preside at all meetings of the Republic of New Lemuria Bar, and in his absence or inability to act, or at his
request, the President of Vice-President shall preside.
107. Other Officers Named.
Other than the Governor, the Officers of the Republic of New Lemuria
Bar Association shall be a President, a President-Elect, a
Vice-President, and a General Counsel. At its regular meeting in
sixth month of each year, the Republic of New Lemuria Bar shall
elect annually from its membership a President-Elect and a
Vice-President in the fashion designated under provisions of Article
X of Robert's Rules of Order (1915 ed.). The General
Counsel shall be appointed by the Governor of the Republic of New Lemuria Bar Association with duties which shall include all of
those duties generally expected of and performed by general counsel
in private practice.
108. Journal Provided For.
A monthly journal devoted to lawful matters and the affairs of the
Republic of New Lemuria Bar and its members may be published and
circulated by subscription under the direction of the Governor.
109.
Supreme court may establish rules. The supreme court may
establish rules for the admission of lawyers, attorneys and
counselors not inconsistent with this Act.
110. Attorneys' examining board--appointment, quorum, and powers.
(1)
The supreme court is hereby authorized and empowered to appoint
three members of the bar of this country, in good standing, as an
examining board to conduct and assist in conducting the examination
of applicants for admission to the bar. The court may release,
dismiss, or remove any member of said board and appoint other
members in his or their stead at any time. (2) A majority of said
board shall constitute a quorum and have the power to conduct
examinations. (3) The board shall perform such duties and render
such assistance in the examinations of applicants as may be
prescribed by the court and shall be governed and controlled by such
rules as the court may prescribe. It shall be optional with the
supreme court to appoint said board or to require the assistance of
said board when appointed.
111. Compensation and expenses of members of board.
The
members of said board shall be entitled to their travel expenses in
attending meetings of said board and in conducting such examination
and also when away from their homes or places of residence, and
shall be paid such compensation for services performed by them as
members of said board as may be fixed and determined by the supreme
court.
112. Definitions.
A.)
the term "lawyer" signifies "attorney at law" and "counselor at law"
and comprehends only members of the Republic of New Lemuria Bar.
B.)
the term "member" signifies only members of the Republic of New Lemuria Bar.
C.)
the term "Republic of New Lemuria Bar" signifies the association of
members organized by this Act of the Republic of New Lemuria Bar of
1997, sometimes referred to as "the Act".
D.)
the term "Governor" signifies the Governor of the Republic of New Lemuria Bar.
E.)
the term "license" signifies only a Certificate of Competence issued
by the Office of the Governor of the Republic of New Lemuria Bar.
F.)
the term "fee" or "charge" by a lawyer, attorney or counselor at law
shall only signify an honourarium measured in a just weight and a
just measure [e.g. substance such a gold or silver coin generally of
numismatic value].
G.)
the term "revealed Divine Law" shall include without limitation all
provisions of the Holy Bible, and further described the imminent
jurist Sir William Blackstone as follows:
"Considering the creator only as being of infinite power, he
was able unquestionably to have prescribed whatever laws he pleased
to his creature, man, however unjust or severe. But as he is also a
being of infinite wisdom, he has laid down only such laws as
were founded in those relations of justice, that existed in the
nature of things antecedent to any positive precept. These are
eternal, immutable laws of good and evil, to which the creator
himself in all his dispensations conforms; and which he has enabled
human reason to discover, so far as they are necessary for the
conduct of human actions. Such among others are these principles:
that we should live honestly, should hurt nobody, and should render
to everyone his due; to which the three general precepts Justinian
has reduced the whole doctrine of law. [Juris praecepta, sunt
haec, honeste vivere, alterum non laedere, suum cique tribuere.]
. .
.This law of nature, being co-eval with mankind and dictated by God
himself, is of course superior in obligation to any other. It is
binding all over the globe, in all countries, and at all times: no
human laws are of any validity, if contrary to this; and such of
them as derive their force, and all their authority, mediately or
immediately, from this original. . . . The doctrines thus delivered
we call the revealed or divine law, and they are to be found only in
the holy scriptures. These precepts, when revealed, are found upon
comparison to be really a part of the original law of nature, as
they tend in all their consequences to man’s felicity. But we are
not from then to conclude that the knowledge of these truths was
attainable by man’s reason, in its present corrupted state; since we
find that, until they were revealed, they were hid from the wisdom
of the ages. As then the moral precepts of this law are indeed of
the same original with those of the law of nature, so their
intrinsic obligation is of equal strength and perpetuity. Yet
undoubtedly the revealed law is (humanly speaking) of infinitely
more authority than what we generally call the natural law. Because
one is the law of nature, expressly declared so to be by God
himself; the other is only what, by the assistance of human reason,
we imagine to be that law. If we would be certain of the latter as
we are of the former, both would have equal authority; but, till
then, they can never be put in competition together.
Upon
these two foundations, the law of nature and the law of revelation,
depend all human law; that is to say, no human laws should be
suffered to contradict these. There is, it is true, a great number
of indifferent points, in which both the divine law and the natural
law leave man at his own liberty; but which are found necessary for
the benefit of society to be restrained within certain limits. And
herein it is that human laws have their greatest force and efficacy;
for, with regard to such points as are not indifferent, human laws
are only declaratory of, and act in subordination to the former. To
instance in the case of murder: this is expressly forbidden by the
divine, and demonstrably by natural law; and from these prohibitions
arises the true unlawfulness of this crime. Those human laws, that
annex a punishment to it, do not increase it’s moral guilt, or
superadd any fresh obligation in foro conscientiae to abstain
it’s perpetration. Nay, if any human law should allow or injoin us
to commit it, we are bound to transgress that human law, or else we
must offend both the natural and the divine. But with regard to
matters that are themselves indifferent, and are not commanded or
forbidden by those superior laws; such for instance, as exporting
wool into foreign counties; here the inferior legislature has scope
and opportunity to interpose, and make that action unlawful which
before was not so." 1 Blackstone’s Commentaries 40-42.
Part 2—Licensing by Certificate of Competence
201. Who considered to be practicing law.
Any human being who shall hold himself out or advertise as an
lawyer, attorney or counselor at law or who shall appear in any
court of record or before a judicial body, referee, commissioner, or
other officer appointed to determine any question of law or fact by
a court or who shall engage in the business and duties and perform
such acts, matters, and things as are usually done or performed by a
lawyer, attorney or counselor at law in the practice of his
profession for the purposes of parts 1 through 3 of this Act shall
be deemed practicing law. For purposes of this Act of the Republic of New Lemuria Bar, the term "license" shall at all times be
restrictively signified to mean only a "certificate of competence"
202.
Who may be admitted as attorney. Any citizen of the Republic of New Lemuria, or human being who has bona fide declared his or her
intention to become a citizen in the manner required by Republic of New Lemuria, of good moral character, and who possesses the
necessary qualifications of learning and ability is entitled to
admission as lawyer, attorney and counselor in all the courts of the
Republic.
203.
Qualifications, examination, and admission.
(1)
Each applicant for admission as an attorney and counselor must
produce satisfactory testimonials of good moral character, and proof
of having attained the aged of twenty-five.
(2) Further, he or she must submit proof of having
obtained a degree in law from an accredited college or university,
or have a degree in business from an accredited college or
university and have more than 10 years of business experience.
(3) Have successfully passed an exam prepared and given
by the attorneys' examining board. However, proof of having obtained
a diploma from an accredited college of law or having ever been
admitted to practice law entitles that human being to a license to
practice law in all the courts of this country, subject to the right
of the chief justice to order an examination as in ordinary cases of
applicants not having obtained such diploma or evidence.
(4) Have not been previously disbarred from practicing
law by the supreme court of this country.
204.
Application and examination fees.
(1)
Every applicant for admission to the bar must pay to the clerk of
the supreme court at the time he files his application for admission
a fee commensurate with the cost of processing the application as
determined by the supreme court. However, this fee may be waived at
the discretion of the supreme court.
(2) In addition to the fee provided for in subsection (I
), the supreme court may charge an examination fee commensurate with
the cost of administering the bar examination.
(3) All money collected from fees herein provided for
shall be deposited with the clerk of the supreme court.
205.
Certificate of admission and license. If upon examination of
an application, the applicant if found qualified, the supreme court
must admit him as an attorney and counselor in all the courts of
this state and must direct an order to be entered to that effect
upon its records, and that a certificate of such record be given to
him by the clerk of the court, which certificate is his license.
206. Asseveration Not Oath.
Every human being on his admission must make a Solemn Asseveration
[distinguished from swearing of any Divinely proscribed secular or
other oath] to support first: the revealed Divine Law of the
Most High God, to support second: the principles of "Peace
and Righteousness" at all times as introduced by Melchizedek to
Abraham, and finally to support third: the Constitution of
the Republic of New Lemuria [to the extent the Constitution or its
application is not in contradiction to the foregoing revealed Divine
Law of the Most High God and the principles of "Peace and
Righteousness"; and such solemn Asseveration shall further require
each member to declare before the Most High God he shall faithfully
discharge the duties of a lawyer, attorney and counselor at law with
fidelity to the best of his knowledge and ability. A certificate of
such Asseveration shall be filed with the Office of the Governor.
207. Ad hoc admission of attorneys from other countries.
Any
human being who is authorized to practice law in the highest courts
of another foreign country may, upon motion of any lawyer, attorney
or counselor at law admitted to practice in the courts of the be
permitted by the court to appear as attorney in any action or
proceeding in such court and shall, when so permitted, be entitled
to the same rights and privileges and be subject to the same duties
and obligations with respect to such actions or proceedings as an
attorney duly admitted to practice in the courts of this state.
208.
Roll of attorneys. The Office of the Governor and the clerk
of the supreme court must keep a roll of the lawyers, attorneys and
counselors of law admitted to practice, which must be signed by the
members admitted before he receives his license.
209.
Penalty for practicing without license. If any citizen of the
Republic practices law in any court, without having received a
license as lawyer, attorney and counselor, he shall be reprimanded
in a manner deemed appropriate by the court.
210.
Annual license tax. Every lawyer, attorney or counselor at
law admitted by the supreme court to practice his profession within
the country is required to pay a license tax measured in a just
weight and measure of one troy ounce Gold [Canadian Maple leafs
only] per year. The tax is payable to and collected by the Office of
the Governor of the Republic of New Lemuria Bar on or before April
1, of each year.
211.
Collection of delinquent license tax. If any practicing
lawyer, attorney or counselor at law shall fail, neglect, or refuse
to pay to Office of the Governor of the Republic of New Lemuria Bar
the license tax imposed by this Act for a period of 90 days after
the same is due and payable, it shall be the duty of the Office of
the Governor of the Republic of New Lemuria Bar to notify of the
immediate suspension of his license pending receipt of said tax
payment.
212.
Allowance of attorneys' fees to unlicensed persons forbidden.
It shall be unlawful for any court within this country to allow
attorneys' fees in any action or proceeding before said court in
which attorneys' fees are allowed by law to either party so such
action or proceeding when such party is represented by anyone other
than a duly admitted or licensed attorney at law.
Part 3--Disbarment and Suspension
301.
Disbarment.
(1) The supreme court of the state shall have exclusive
jurisdiction to remove or suspend attorneys and counselors at law.
(2) An attorney and counselor may be removed or
suspended for any of the following causes arising after his
admission to practice:
(a)
His conviction of a felony or misdemeanor involving moral turpitude,
in which case the record of conviction is conclusive evidence;
(b)
Willful disobedience or violation of an order of the court requiring
him to do or forbear an act connected with or in the course of his
profession which he ought in good faith to do or forbear and any
violation of the oath taken by him or of his duties as such attorney
and counselor;
(c)
Corruptly or willfully and without authority appearing as attorney
for a party to an action or proceeding;
(d)
Lending his name to be used as a lawyer, attorney and counselor by
another human being who is not an attorney and counselor;
(e)
Being guilty of deceit, malpractice, crime, or misdemeanor involving
moral turpitude.
302.
Record of conviction. In case of the conviction of an
attorney and counselor of a felony or misdemeanor involving moral
turpitude, the clerk of the court in which such conviction is had
shall, within 30 days thereafter, transmit to the supreme court a
certified copy of the record of conviction.
303.
Proceedings required on receipt of record of conviction. The
proceedings to remove or suspend an attorney and counselor under
this Act must be taken by the court on the receipt of a certified
copy of the record of conviction. The proceedings under this Part 3,
without a conviction, may be taken by the court for the matters
within its knowledge or may be taken upon the information of
another.
304.
Supreme court to make procedural rules. Subject to the
revealed Divine Law of the Most High God contained in the Holy
Bible, the Hebrew Maxims of Law hereinafter contained on Exhibit "1"
hereto and incorporated herein by reference, and procedures set out
in "A Restatement of Rabbinic Civil Law by Emanuel
Quint Vols. I-IX, et seq., the supreme court may make rules
regulating pleadings, practice, and procedure in such action or
proceeding; and in the absence of such rules, the l, subject to
approval of the Governor of the Republic of New Lemuria Bar.
305.
Witness fees and expenses. Witnesses on behalf of the
complainant in any such action or proceeding shall be entitled to
the fees and mileage provided by law for witnesses in civil actions
in the civil courts.
306.
Judgment. Upon conviction, in cases arising under 301
.(2)(a), the judgment of the court must be that the name of the
party be stricken from the roll of attorneys and counselors of the
court and that he be precluded from practicing as such attorney or
counselor in all the courts of this state. Upon conviction in cases
under the other subsections of that section, the judgment of the
court may be, according to the gravity of the offense charged,
deprivation of the right to practice as attorney or counselor in the
courts of this state permanently or for a limited period.
Part 4--Provisions Regulating Practice
401. Authority of attorney.
(1) An attorney and counselor has authority to:
(a) Bind his client in any steps of an action or
proceeding by his agreement filed with the clerk or entered upon the
minutes of the court and not otherwise;
(b) Receive money claimed by his client in an action or
proceeding during the pendency thereof or after judgment unless a
revocation of his authority is filed and, upon the payment thereof
and not otherwise, to discharge the claim or acknowledge
satisfaction of the judgment.
(2) The death of a party to an action or proceeding does
not revoke the authority of his attorney of record in said action or
proceeding, but the authority of the attorney is continued in all
respects the same and with like effect as it was prior to the death
of such party until such attorney shall withdraw his appearance in
said action or proceeding or some other attorney shall be
substituted for him or his authority shall be otherwise terminated
and entry thereof made to appear in the record of such action or
proceeding.
402.
Production of proof of authority to court. The court or
judge, on motion of either party, may require the attorney of the
adverse party to produce and prove the authority under which he
appears and may stay all proceedings until such is shown and may at
any time summarily relieve a party from the consequences of the acts
of an unauthorized attorney.
403.
Change of attorney. The attorney in an action or
special proceeding may be changed at any time before or after
judgment or final determination, as follows:
(1) upon consent of both client and attorney, filed with
the clerk or entered upon the minutes;
(2) upon the order of the court, upon the application of
either client or attorney, after notice from one to the other.
404.
Notice of change. When an attorney is changed as provided in
403, written notice of the change and the substitution of a new
attorney or of the appearance of the party in person must be given
to the adverse party. Until then he must recognize the former
attorney.
405.
Death or removal of attorney. When an attorney dies or is
removed or suspended or ceases to act as such, a party to an action
for whom he was acting as attorney must, before any further
proceedings are had against him, be required by the adverse party,
by written notice, to appoint another attorney or appear in person.
406.
Penalty for deceit. An attorney or counselor who is guilty of
any deceit or collusion or consents to any deceit or collusion with
intent to deceive the court or a party forfeits to the party injured
by his deceit or collusion treble damages. He is also guilty of a
misdemeanor.
407.
Penalty for delay. An attorney and counselor who willfully
delays his client's cause with a view to his own gain or willfully
receives money or an allowance for or on account of money which he
has not laid out or become answerable for forfeits to the party
injured treble damages.
408.
Attorney prohibited from acquiring claim or demand for purpose of
bringing action.
(1)
An attorney and counselor must not directly or indirectly buy or be
in any manner interested in buying a bond, promissory note, bill of
exchange, book debt, or other thing in action with the intent and
for the purpose of bringing an action thereon
(2)
An attorney and counselor must not, by himself or by or in the name
of another human being, either before or after action brought,
promise or give or procure to be promised or given a valuable
consideration to any human being as an inducement to placing or in
consideration of having placed in his hands or in the hands of
another human being a demand of any kind for the purpose of bringing
an action thereon. This subsection does not apply to an agreement
between attorneys and counselors, or either, to divide between
themselves the compensation to be received.
409.
Penalty for violation. An attorney and counselor who violates
408 is guilty of a misdemeanor and on conviction thereof shall be
punished accordingly and must be removed from office by the supreme
court.
410. Limitation.
Sections 407 through 409 do not prohibit the receipt by an attorney
or counselor of a bond, promissory note, bill of exchange, book
debt, or other thing in action in payment for property sold or for
services actually rendered or for a debt antecedently contracted or
from buying or receiving a bill of exchange, draft, or other thing
in action for the purpose of remittance and without intent to
violate any of those sections.
411.
Same rule when party prosecutes in person. Sections 407
through 410 apply to a human being prosecuting an action in person
who does an act which an attorney and counselor is therein forbidden
to do.
412.
Partner of public prosecutor not to defend. An attorney and
counselor must not directly or indirectly advise concerning, aid, or
take any part in the defense of an action or special proceeding,
civil or criminal, brought, carried on, aided, advocated, or
prosecuted, as attorney general, county attorney, or other public
prosecutor, by a human being with whom he is interested or
connected, either directly or indirectly, as a law partner; or take
or receive, directly or indirectly, from a defendant therein or
other human being a fee, gratuity, or reward for or upon any cause,
consideration, pretense, understanding, or agreement whatever,
express or implied, having relation thereto or to the prosecution or
defense thereof.
413.
Former public prosecutors not to defend. An attorney and
counselor who has brought, carried on, aided, advocated, or
prosecuted or has been in anywise connected with an action or
special proceeding, civil or criminal, as attorney general, county
attorney, or other public prosecutor, must not at any time
thereafter, directly or indirectly advise concerning, aid or take
any part in the defense thereof; or take or receive, either directly
or indirectly, from a defendant therein or other human being a fee,
gratuity, or reward for or upon any cause, consideration, pretense,
understanding, or agreement, either express or implied, having
relation thereto or to the prosecution or defense thereof.
414.
Partners not to appear on opposite sides. Whenever a law
partnership or any member thereof accepts employment to prosecute or
defend any action, civil or criminal, or to advise in relation
thereto, no member of said partnership is permitted, then or
afterward, to act as attorney or counselor on the side opposite to
that upon which such original employment was had. This section does
not prevent a human being who has been employed as attorney and
counselor in an action or proceeding before becoming a member of a
partnership from appearing and acting therein until its completion.
415.
Penalty for violation of two preceding sections. An attorney
and counselor who violates either 413 or 414 is guilty of a
misdemeanor and on conviction thereof shall be punished accordingly
and must be removed from office by the supreme court.
416.
Party may appear in person or by attorney. A party to a civil
action including any member who is of full age may prosecute or
defend the same in person , in propria persona, or by lawyer or
attorney at his election unless he has been judicially declared in
the Republic to by incompetent to manage his affairs. Each provision
of this part relating to the conduct of an action wherein the
attorney for the party is mentioned includes a party prosecuting or
defending in person unless otherwise specially prescribed therein or
unless that construction is manifestly repugnant to the context. If
a party has an attorney in the action, he cannot appear or act in
person where an attorney may appear or act either by special
provisions of law or by the course and practice of the court.
417.
Attorney may defend in person. This part does not prohibit an
attorney or counselor from defending himself in person if prosecuted
either civilly or criminally.
418.
Judgment lien for compensation.
(1)
The compensation of an attorney and counselor for his services is
governed by agreement, express or implied, which is not restrained
by law.
(2) From the commencement of an action or the service of
an answer containing a counterclaim, the attorney who appears for a
party has a lien upon his client's cause of action or counterclaim
which attaches to a verdict, report, decision, or judgment in his
client's favor and the proceeds thereof in whose hands they may
come. Such lien cannot be affected by any settlement between the
parties before or after judgment.
419.
Attorney's or litigant's liability for excess costs. An
attorney or party to any court proceeding who, in the determination
of the court, multiplies the proceedings in any case unreasonably
and vexatiously may be required by the court to satisfy personally
the excess costs, expenses, and attorney fees reasonably incurred
because of such conduct.
Exhibit "1"
Maxims and Rules
"'Human laws are born, live and die,' but a maxim, once ushered into
existence, is endowed with a perpetual lease on life. Its form is
often so altered as to be irrecognizable, but its spirit continues
to live. Many a modern legal maxim which enjoys a wide circulation
and has won a fortune of renown for its reputed author, is in
reality nothing more than old currency cast in a new die -- the gold
of Moses or Solomon remodeled and embellished with the royal
insignia of Constantine or Justinian; and we have a reason to
believe that many a maxim brought into the world by a Hillel of an
Akiba is now current under the superscription of a Coke or a
Blackstone. (Footnote 428 omitted). The following are some of the
most important maxims and rules, culled from the jurisprudence of
the ancient Hebrew sages.
A
majority of one is sufficient for acquittal, but it requires a
majority of at least two for conviction.
A man
is his own kin.
A
minor has no discretion. (Footnote 429 omitted)
A
person deserves not the title of Man before reaching the age
of twenty-five years.
A
simultaneous and unanimous verdict of guilty acquits.
A
single accuser deserves to be treated as a slanderer. (Footnote 430
omitted)
A
Synhedrion executing one human being in the course of every seven
years is a murderous tribunal.
A
verdict of conviction may be reversed, but not one of acquittal.
(Footnote 431 omitted)
A
verdict of guilty may not be rendered on the day of trial.
All
evidence must be direct, and not circumstantial or presumptive.
All
Israelites are responsible for one another. (Footnote 432 omitted)
An
equal division of the Court on a verdict is an acquittal.
As
Moses sat in judgment without the expectation of material reward, so
also must every judge act from a sense of duty only. [House Note:
"For he shall compensate a man according to his works, and causes
every man to be rewarded according to his ways." Job 34:11.
Be
slow in judging. (Footnote 433 omitted)
By punishing criminals the world is benefited.
Collisions with a deaf-mute, or an idiot, or a minor, are always
disadvantageous.
Crimes committed under duress are not punishable. (Footnote 434
omitted)
Cross-question the witness closely.
Death
atones for sins. (Footnote 435 omitted)
Divulging the individual opinions of judges is slander.
Drink
not and thou wilt not sin. (Footnote 436 omitted)
Each
witness must be qualified to testify to the whole case, and not only
to a part thereof.
Evidence must be heard directly from the mouth of the witnesses, and
not through an interpreter or a written document.
Extraordinary times legalize extraordinary punishments. (Footnote
437 omitted)
Fine
and flagellation are not imposed together for the same offense.
(Footnote 438 omitted)
For
conviction it requires a majority of not less than the minimum
number of witnesses competent to sustain an accusation.
Having submitted to the judgment of the law, the man is restored to
his status as thy brother. [Note: The existence of probation, no
matter the disguise, is a violation of this prohibition]
He
who buys a Hebrew slave buys himself a master.
He
who gives the death-blow is alone responsible. [House Note: In
Hebrew society, the injured party is responsible alone for forgiving
or carrying out any judgment]
He
who swears is ipso facto suspected.
If
one witness is found disqualified, the whole party is disqualified.
Immodest behavior is a bar to the witness-stand. (Footnote 439
omitted)
Judges must be exceedingly guarded in their utterances, lest the
witnesses learn from them how to answer evasively.
Kill
him who unlawfully attempts to kill the. (Footnote 440 omitted)
[Note: As contrasted with the Laws of forgiveness taught by Hillel,
Rabbi Abba and Yehoshua]
Let
justice pierce the mountain.
Let
the incorrigible die while in a state of comparative innocence,
rather than live and go from bad to worse. (Footnote 441 omitted)
[Note: "Before Elijah departed, he said to Reb Shmuel, 'I want to
give you some advice that will be useful to you, my friend. Whenever
you see a wicked person who is prospering, keep in mind that his
wickedness will ultimately work against him. And if you see a
righteous person enduring hardships, remember that that person is
being saved from something worse. Do not doubt these things any
longer. One cannot always understand God's ways.'" [From Tales of
Elijah the Prophet Retold by Peninnah Schram, (Jason Aronson,
New Jersey, 1991 at p. 6)]
Make
a hedge around the law.
Man
is to live, and not to die by the observance of the law.
Man's
life belongs to god, and only according to the law of God may it be
disposed of.
Neither honor or insult the remains of a suicide.
No
man convicts himself. (Footnote 442 omitted)
No
man is considered guilty until after he is duly proved to be so.
No
man may be condemned unless he is present.
No
man produces witnesses to convict himself.
No
man sinneth unless attacked by idiocy.
No
mercy may be shown where it is contrary to justice.
No
one is a competent witness whose knowledge of the facts is based on
hearsay or conjecture. (Footnote 443 omitted)
No
one is responsible for the crimes of another. (Footnote 444 omitted)
No
punishment may be inflicted for transgressions not accompanied by
bodily action. (Footnote 445 omitted)
None,
but the legal executioners, may execute the convict.
None
who may be a competent witness in a cause, may be the judge of a
cause. (Footnote 446 omitted)
One
court may not try two capital cases in one day.
Part
of the evidence being invalidated, the whole is invalidated.
(Footnote 447 omitted)
Relations and interested persons may not act as judges. (Footnote
448 omitted)
Self-accusation does not convict.
Self-accusation of misdemeanors involving fines exempts the culprit
from paying the fine. (Footnote 449 omitted)
Similarity in expressions between witnesses awakens suspicion of
conspiracy and coaching.
Testimony must not be heard in the absence of the party concerned.
Testimony to which the law of confutation cannot be fully applied
deserves not the name of testimony.
The
blood of the victim of false testimony falls upon the heads of the
witnesses.
The
act of breaking in is the burglar's death warrant.
The
cause of a party may not be disposed of in his absence.
The
convict must not be kept in suspense.
The
drunkard is responsible for his actions. (Footnote 450 omitted)
The
end of a period is considered as the beginning thereof.
The hour legalizes extraordinary rigor.
(Footnote 451 omitted)
The
judge has nothing to judge by but what is before his eyes. (Footnote
452 omitted)
The
judge not voting is considered absent.
The
judgments for which the judge was paid are void.
The
law does not punish for injuries occasioned through fortuitous
circumstances. (Footnote 453 omitted)
The
less punishment is discharged in the greater.
The
person witnessing an act during his minority is not competent to
testify thereto, even after reaching his majority.
The
public servitor must be possessed of more mental than physical
vigor.
The
robe of the unfairly elected judge is to be respected not more than
the blanket of the ass. [Note: The term "elected" signifies a judge
who act of judging is "voluntarily" consented to by both sides in a
case. A judge imposed or forced upon any party is not "fairly
elected".]
The
scholar's popularity with the masses is not always the reward for
righteous bearing; often it is the consequence of his failing to
notice vices and rebuke them.
The
suborned witness is despised even by his suborner.
The
Supreme Judge does not punish a person of less than twenty years
The
votes of father and son, or of a teacher and pupil, in the same
court, are counted as one.
The
witness must be fully competent at the time when the crime is
committed as well as when he appears to testify to the crime.
The
witnesses for the defense are accusers of the prosecution. (Footnote
454 omitted)
The
word of the parties to the suit, and not that of counsel, shall be
heard by the judges.
There
is no agency in crime. (Footnote 455 omitted)
Thine
own life may be dearer to thee that that of thy neighbor. (Footnote
456 omitted)
Thoughts are not punishable. (Footnote 457 omitted)
What
the witness has once said he may not unsay.
Whatever one observes while in a normal state, and testifies to when
in a normal state is legal evidence.
When
one can prevent a crime and does not, he is responsible before
Heaven. (Footnote 458 omitted)
When
the judge is, like a king, well provided for, he will establish the
peace of the land on justice; but when, like the priest, he must
rely on gifts for his subsistence, he will overthrow it.
Where
Heaven sees fit to condone, human tribunals may not punish.
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