1
East Pacific Attorney Office
1. "Adequate counsel" shall be defined as:
.........1.A Competent and qualified legal advice or representation in a trial before the Conclave
1. The Viceroy shall appoint several Attorneys from the Citizenry of the East Pacific, subject to the below regulations:
.........1.A Arbiters shall be ineligible for the position of Attorney, to prevent confusion over the question of Arbiter votes on final decisions;
.........1.B Magisters shall be eligible for the position of Attorney, but may not serve in cases dealing with legislation they have sponsored;
.........1.C The Delegate shall be ineligible for the position of Attorney, to preserve the independence of the Conclave from possible Executive interference;
.........1.D All appointed Attorneys must be able to pass a basic test on East Pacifican law, including questions on the Concordat, formulated by the Conclave;
2. The Attorneys shall collectively be known as the "East Pacific Attorney Office," hereafter "EPAO";
.........2.A EPAO shall be the sole legitimate source of government-provided legal counsel in trials before the Conclave;
.........2.B EPAO shall be administered and regulated according to the discretion of the Viceroy, subject to the below regulation:
.....................2.B.a There shall be no fewer than three (3) Attorneys in EPAO at any time, if reasonably possible;
.........2.C The Presiding Arbiter of a trial shall assign to the Defendant an Attorney if one is requested, or if the Presiding Arbiter believes it would be imperative to the pursuit of justice;
1. Duties of the Client to the Attorney
.........1.A The Citizen being represented by the Attorney, hereafter referred to as "the Client," has several duties to the Attorney representing them:
.....................1.A.a To give, as plainly as possible, the facts of the case as best one knows them;
.....................1.A.b To remain honest, and not to lie to the Attorney with regards to one's own part in the case or to others';
.....................1.A.c To inform the Attorney of one's intentions with regards to pleas, evidence, etc.;
.....................1.A.d To refrain from asking the Attorney to act illegally, or to act against professional ethics;
.....................1.A.e To be prompt in communications with the Attorney, and to respond likewise promptly if presence is requested in the trial itself;
.........1.B If the Client fails in these duties, the Attorney representing them may appeal to the Presiding Arbiter of the trial to leave the service of the Client;
.....................1.B.a The Presiding Arbiter may grant this request, in which case the Attorney will no longer be required to represent the Client;
...................................1.B.a.1 If the Presiding Arbiter grants the request of absolvement of responsibility, the Attorney is still bound by professional ethics;
...................................1.B.a.2 If the Presiding Arbiter grants the request, another Attorney shall be assigned to the Client by the Presiding Arbiter;
.....................1.B.b The Presiding Arbiter may deny this request, in which case the Attorney will still be required to represent the Client;
2. Duties of the Attorney to the Client
.........2.A The Attorney representing the Client has several duties to the Client they represent:
.....................2.A.a To give, as plainly as possible, the charges leveled against the Client and the developments in the case against them;
.....................2.A.b To remain honest, and not to lie to the Client with regards to charges, developments in the case, etc.;
.....................2.A.c To abide by the decisions of the Client with regards to pleas, objections, etc.;
.....................2.A.d To refrain from asking the Client to act illegally, or to aid the Client in the same;
.....................2.A.e To be prompt in communications with the Client, and to respond likewise promptly if presence is requested in the trial itself;
.....................2.A.f To adhere, in all cases and with no exceptions, to the professional ethics below outlined;
.........2.B If the Attorney fails in these duties, the Client being represented may appeal to the Presiding Arbiter for a different Attorney or to represent themselves;
.....................2.B.a The Presiding Arbiter may grant this request, in which case the Attorney will no longer be required to represent the Client;
...................................2.B.a.1 If the Presiding Arbiter grants the request, the Attorney is still bound by professional ethics;
...................................2.B.a.2 If the Presiding Arbiter grants the request, another Attorney shall be assigned to the Client by the Presiding Arbiter or the Client will represent themselves;
.....................2.B.b The Presiding Arbiter may deny this request, in which case the Attorney will still be required to represent the Client;
1. Attorneys shall be subject to the below code of ethics, in order that they may maintain justice and best represent their Clients;
.........1.A To maintain Client-Attorney Confidentiality, that is, that no information given in confidence by the Client to the Attorney may be revealed without the former's explicit consent;
.........1.B To avoid conflicts of interest; for example, no Attorney may represent a Client in the same case in which they act for the Prosecution;
.........1.C To be of unimpeachable conduct, that is, that no Attorney shall commit a crime;
.........1.D To inform the Client of all legal consequences of any information the latter shall seek to be made public;
.........1.E Not to neglect an assigned case;
.........1.F Not to knowingly use perjured testimony or falsified evidence;
.........1.G Not to act illegally upon the Client's request;
.........1.H Not to knowingly assert false statements of law or fact;
.........1.I To inform the Presiding Arbiter of further illegal actions by the Client, except where such revelation is prohibited by Client-Attorney Confidentiality;
2. Attorneys that fail to uphold professional ethics shall be held accountable, as below;
.........1.A For the first offense, the Attorney will be issued a formal reprimand by the Viceroy;
.........1.B For the second offense, the Attorney will be issued a second formal reprimand by the Viceroy and removed from the case by the Presiding Arbiter;
.........1.C For the third offense, the Attorney will be issued a third formal reprimand by the Viceroy, removed from the case by the Presiding Arbiter, and stripped of their position and disbarred;
.....................1.C.a The Attorney shall be prohibited from returning to EPAO for a period of not less than three months;
.....................1.C.b Following the period of prohibition, if the Attorney wishes to return to EPAO, they shall retake the test outlined above in Article II;