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Bureaucratic Hell
Chapter Five: My First Case

Chapter Five: My First Case

I began to outline the legal formation of a contract. The elements required were first an offer, followed by acceptance, and something known as consideration. Many refer to the last element of contract formation as the Meeting of the Minds or Mutual Assent.

For proper consideration, there must be a benefit to the offeror, and the recipient of the offer needs to incur a detriment equal to the benefit provided. All contracts needed to be made by parties on equal footing.

As I looked into the details of this contract, it was evident how lopsided it was. My client, a Golbear named Aaron who is an independent adventurer, discovered a young dragon's den harboring a rift. Unable to delve into the rift itself, the dragon offered not to eat the adventurer if he ensured that it was delved regularly to prevent monsters from escaping.

Unable to meet the needs himself, Aaron offered a small adventuring guild the right to delve the rift equally and a loot share agreement. Both parties had time constraints on how long they could delve the rift each time, and only solo parties were allowed to delve to ensure that the potential loot was equitable, creating a fairer loot-sharing situation.

Aaron realized he was being taken advantage of, as the Adventuring Guild, known as "We Dem Ventur," was pulling eighty percent higher loot values, and the rift was consuming more energy after each of their delves, resulting in less ambient mana for him during his own delves, which made his runs less efficient. Consequently, Aaron began to delve longer and more often. Unable to match the loot output the Adventuring Guild was achieving, he was losing more and more money, which he had to take from his savings to comply with the loot-sharing agreement. Aaron decided he was going to convince the dragon to ban the Adventuring Guild from delving the rift, or he would have to file for bankruptcy.

Since the dragon had already made an agreement with Aaron, it did as he requested and forced the guild to flee from the rift. The Adventuring Guild is now filing a complaint to the court for the loss of their access to the rift, stating that Aaron is in breach of contract.

There were a few thoughts I had: First, I needed to draft a motion to the court to have the Adventuring Guild's delves into the rifts audited, along with the value of their loot.

Second, this contract was never valid to begin with, since the parties were not on equal footing when entering into the agreement. There was also no assessor assigned to the contract to ensure that both parties were entering into the agreement in good faith.

It is imperative for a magically binding contract to be valid that both parties enter into the contract in good faith. If the parties attempt to enter negotiations without good faith, the magical binding will be null and void.

I drafted a few motions: one for the audit, a second for a complete background check on the Adventuring Guild, and my last one, which I wasn't planning to file, was for summary judgment for the court to decide that the contract is not enforceable due to it being null and void because of the bad faith on the part of the Adventuring Guild.

I zoomed through writing the documents, feeling my abilities guiding me, recalling the necessary case law needed to support my argument. I wished I had these powers during law school; I would have graduated at the top of my class. I heard a knock on my door, and there was Barrister Zeb with lunch in his hands.

I waved Zeb into my office. "Hey," he said, "Senior Barrister Malhone will be joining us." Almost as if Zeb had summoned him, the large Minotaur knocked on my office door. "Come on in, Senior Barrister."

Malhone summoned a chair out of thin air. The look of shock on my face made both of the older Barristers laugh. "This is a storage ring," Malhone said as he sat down on his extremely large chair.

Zeb, wasting no time at all, asked, "Walk me through your defense plan for your client." So, I broke down my ideas. Malhone asked, "What are the elements to establish a prima facie case for breach?"

I counted off the elements: "First, a contract must exist. Second, a contract must be sufficiently definite for the court to enforce. Third, performance by the plaintiff to justify the necessary actions required in the contract by the defendant. Fourth, failure to perform the contract by the defendant, and lastly, damages."

Malhone simply nodded and followed up by asking, "And what are the defenses to a breach of contract?" I quickly rattled them off: lack of competency, misuse of the bargaining process, unconscionable agreement, and whether it's a void or voidable contract, just to name a few. "I mean, there are all kinds of impossibilities to performance of duty."

Malhone just nodded. "Has Junior Barrister Zeb walked you through how to get a case dismissed yet?" I nodded, not yet seeing where he was going with this. "So, which defense could you bring up to prevent the plaintiff from establishing a prima facie case, causing it to be dismissed?"

"Ummm... Senior Barrister, doesn't that come up later in the court proceeding when we present our case? Shouldn't we also file a countersuit for the damages owed to our client?" Malhone shook his head. "Our job is to process these cases as quickly as possible. You also have to consider that our client will be awarded damages when the case is dismissed, possibly more than what he would get in a countersuit."

"But I still don't understand how presenting a defense will get the case dismissed without going through the evidentiary procedure." Malhone asked, "Where in these case law journals did you read anything about evidentiary procedure? With magic, it is impossible to tell a lie or present false evidence; it makes the process far more simple. But I'm glad to see you're doing your due diligence and making sure our client has the best defense possible. After all, the judge could always decide to move forward with the case anyway."

Just then, a gnome knocked on the door. "Delivery for Barrister Pavrimax." I stood up and took the delivery from him. "Thank you," I said to the gnome as they walked out. I looked over the documents that had been delivered. "Oh, good, my audit and background check came through; that was fast."

Malhone and Zeb said, "Everything is fast with magic." They both looked at each other and laughed when they said that. Zeb spoke up, "Let's eat this food before it gets cold." Malhone asked me, "Have you ever had mana-infused food before, Barrister Pavrimax?" I nodded my head. "Yes, Sir. Barrister Ka-Del took me out to eat last night." Malhone smiled and said, "Oh, good. Don't forget to cultivate as often as possible."

While we ate, I asked the question that had been on my mind: "When do we get paid?" Zeb spoke up, "You get paid after every case you win that awards our clients damages. The office gets ten percent, and you get half of that." Malhone added, "When you get to management level like Junior Barrister Zeb and I, you get paid every week, assuming our office wins cases," he winked.

Taken from Royal Road, this narrative should be reported if found on Amazon.

Zeb turned to me with a serious tone, "Before you dive into those documents you received, let's walk through the court order process. This is crucial to follow, or a judge will hold you in contempt of court. They don't care how new you are." He paused for emphasis. "First, the plaintiff presents the complaint to the court. Then, the defense gets their chance to make any objections, like your defense of a breach claim. After that, the judge decides whether to dismiss the case or move forward to trial. If the case moves forward, the plaintiff presents their case and evidence. We present our defense and evidence. The plaintiff makes final remarks, we make our final remarks, and then a jury made of one hundred and one random citizens from across the Anopia system rules in favor of either the plaintiff or defendant. Finally, the judge awards damages."

"Wait, are you saying the jury consists of one hundred and one members? That's a huge jury," I interjected, incredulous.

Malhone nodded. "Yes, of course. How many were on a jury where you're from?"

"Twelve," I replied.

"And what happens in the event of a tie vote?" Zeb inquired.

"It's called a hung jury, and the case is retried."

Malhone shook his head. "That sounds insanely inefficient."

I couldn't help but chuckle. "Oh, our court system was not known for being efficient."

"Most cases here are heard and decided in one day," Zeb informed me, a hint of pride in his voice.

I let out a soft whistle. "That is going to be nice."

We finished the food, and both Barristers stood up. "You should cultivate for a bit," Zeb suggested. "I'll come down and get you when it's time for court."

Malhone winked at me. "Good luck in court today. I'm expecting great things from you." His encouragement felt like a mantle being placed upon my shoulders, a mix of expectation and support as I ventured into this new, magical legal world.

Before I began to cultivate, I accessed my abilities and reviewed the documents. The audit was particularly intriguing; there was clear evidence that the Adventurers' Guild had not conducted solo delves as agreed. Instead, they were extracting huge profits by delving in teams all the way to the boss and defeating it three out of five times. Their goal seemed to force Aaron into bankruptcy, then recruit him into their guild until his debts were repaid, thus gaining unlimited access to the rift. I quickly penned my objection to the complaint presented and began to cultivate.

The energy available for cultivation felt much scarcer after my second mana infused meal. So, I opened up all my pores as before, allowing the ambient energy to mix with the energy I had obtained from the food, and let it all join my core. While cultivating, I decided to think about my time in undergrad at Hampton University. Small memories trickled in, including the phrase "Dream No Small Dreams." I strained to focus on why that phrase was so important, but the memories remained elusive.

Soon, an image surfaced in my mind: I was younger, probably eighteen or nineteen, standing in front of Harkness Hall, walking with someone toward the waterfront behind the hall. It was a beautiful spring day, a time we affectionately termed "Sundress Season." A soft chuckle escaped me.

A tap on my shoulder jolted me; it was Barrister Ka-Del. Tears were streaming down my face. "Hey Julius," Ka-Del greeted. I hastily tried to compose myself. "Hey, Ka-Del, how's your day?" She sat down across from me, propped her feet up, and heaved a deep sigh. "Sorry, I had a rough day in court and just needed to talk to a friend."

I blushed slightly, memories of 'those days' back home hazily coming back to me. "So, are you going to sing me more songs from Earth?" Ka-Del inquired. "Maybe if you put a few drinks in me," I laughed. She instantly replied, "I can do that. I think Barrister Ja-Vazee would also like to join us." I wracked my brain, trying to recall who that was. Seeing my confusion, Ka-Del clarified, "Ja-Vazee is the Fire Mantis." I snapped my fingers. "Oooooooh, I remember now!" Ka-Del laughed. "He's really nice and next in line to become a Junior Barrister."

"How does the hierarchy work?" I asked. Ka-Del dove into the explanation. "Two things need to happen for a promotion. First, you need to be here for at least a year in good standing, which means you basically win the cases you're supposed to, and you don't embarrass us in the cases you do lose.

Second, you need to reach the cultivation of Mana Brain to become a Junior Barrister. Junior Barristers are tasked with overseeing us 'noobs' while we train and encouraging us to cultivate. To become a Senior Barrister, you have to work as a Junior for three years and develop an aura like Senior Barrister Malhone. After that, there are Junior Directors, Senior Directors, and then Managing Directors." She paused, then added, "High cultivation and appointment by royalty are needed for those positions, but you need to be a Senior Barrister first, so don't get any crazy ideas," she laughed, likely noticing the ambitious glint in my eye. I couldn't help but blush under her gaze.

We continued our conversation for a bit longer, finding an ease in our dialogue that felt unexpectedly natural. It was intriguing to discover how similar Ka-Del's culture was to Earth's. She used so many words and phrases that she seemingly shouldn't know, which piqued my curiosity. Eventually, I couldn't contain my question any longer. "Ka-Del, how do you know so much about Earth's cultural phrases and words?"

This question elicited a loud snort of laughter from Ka-Del. "I could ask you the same thing about how you're so familiar with Mortanyskaina," she retorted. Then, as if a light bulb went off, she added, "But then, I remember I've been here long enough to know that the magic in the air that translates everything for us uses terms and phrases from our homes to help us better understand each other."

In a moment of realization, I slapped my face with my hand... "Of course, it's magical fuckery at work."

Ka-Del's laughter grew even louder. "Oh, wow! 'Magical Fuckery' is a new one. If you keep this up, you'll give me abs from all this laughing. Do you want to walk me through your case? You have court in a few hours."

Eager to share, I quickly walked her through all that I had prepared, including my defense if the judge decided not to dismiss the case. She nodded along, her expression one of genuine interest. "Julius, you're adapting much quicker than I did. Those abilities are really doing you justice. You must have been an outstanding attorney back on Earth."

"We were actually called attorneys where I practiced," I corrected, feeling a swell of pride at her compliment. "But thank you. I think I did a lot of good for my community."

Curiosity piqued, I ventured a question of my own. "Can I ask you, what are your abilities?"

Ka-Del bestowed upon me a devious grin. "Wellllllllll, I guess I could share, but you'll owe me a favor later!" I sighed. "And what will this favor entail?" "Nope, it won't be that easy. Agree to the terms, and I'll reveal the favor when I come to collect it." Pondering her proposal, I squinted at her in distrust, then broke into a broad smile and declared, "I agree." She laughed in response and divulged, "Okay, I have seven abilities: Keen Sense, which heightens my awareness of my surroundings and people's intentions, among other things. High Court Etiquette, is essential for conducting myself in any formal setting, though it's particularly useful in Royal settings. Barrister's Skills, enhancing my efficiency with case law and court documents, albeit not as uniquely as your abilities. Fey Delight spreads joy and aids in helping others process emotions— invaluable for clients facing court losses. Fey Cultivation boosts my energy from mana-infused food, especially honey. Supreme Eloquence makes my public speaking flawless and persuasive. Lastly, my ultimate skill, Fey Magic, allows me to borrow non-combat abilities from other Fey and use them in my own unique way."

I mentally revisited her abilities, realizing only a few matched the utility of my two abilities in our profession. "Those are incredible abilities, Ka-Del. Have you used any of them on me?" Ka-Del blushed. "Sorry, sometimes they activate on their own."

I chuckled. "I figured as much. Honestly, I really appreciate it. You've been a comforting presence." Just then, Zeb knocked on my door. "It's time for court, Barrister Pavrimax." He glanced at Ka-Del. "Barrister Ka-Del, good to see you. Despite today's tough loss in court, you still made the office proud."

I rose to my feet. "Wish me luck, Ka-Del." She merely smiled. "Don't worry; you don't need it, Barrister Julius." She stressed the title 'Barrister,' and I blushed, realizing I had forgotten to address her properly. I nodded and followed Zeb.

"Barrister Pavrimax," he advised as we walked, "I would highly suggest you remember the importance of decorum if you wish to progress in this occupation."