Its time to regulate lawyers, Chamber of Advocates president tells lawmakers
On Tuesday, Chamber of Advocates President Peter Fenech stated that the act regulating the legal profession has still not been introduced and that it is concerning that Malta is one of the few countries that does not regulate lawyers
The President of the Chamber of Advocates has called on authorities to start to regulate lawyers, among other things during his speech at the opening of the Forensic Year.
On Tuesday, Chamber of Advocates President Peter Fenech stated that the act regulating the legal profession has still not been introduced and that it is concerning that Malta is one of the few countries that does not regulate lawyers.
Fenech also spoke of the law course at the University and how it should be strengthened through restructuring, raising entry requirements, and ensuring students gain more practical experience. He confirmed that these proposals are currently under discussion and hoped an agreement would soon be reached.
On this matter, Fenech said that more seriousness is needed in the practice of law and that it must be ensured that before being granted a warrant, a person has completed their year of training.
On a general note, Fenech stated that as time goes on, more people are turning to the courts to resolve disputes, which confirms the heavy pressure on the judicial system.
He lamented that a year after the Chamber presented its 'Justice 2030' proposals, no progress has been registered, as he stressed that these proposals must be implemented to ensure that the Courts are better prepared for the future.
Fenech called for an end to crisis-driven leadership, calling on the sector to have the courage to do what needs to be done in the field of justice beyond the pressures of sectors with vested interests, and beyond political pressure.
The President of the Chamber also mentioned how the increase in population in Malta has led to more cases in Court, which needs to be carefully analysed.
On the introduction of Inquiring Magistrates, Fenech stated that this was a good idea but questioned why they still lack offices and deputies to assist them, highlighting the shortage of technical experts and called on the justice minister to establish a committee to address this issue.
Regarding the judiciary, Fenech emphasised that every judge deserves a larger office and that there should be no distinction between superior and inferior courts. He also pointed out the need for more staff in these offices to support the judiciary.
On another note, Fenech lamented that lawyers' fees and salaries are inadequate and that court experts are paid significantly more for less work. He reiterated that he is prepared to issue directives if the ministry of justice continues to fail to address the discrepancies in the payments made to lawyers.
Regarding the digitisation of the Court system, Fenech stated that Malta is behind in this aspect and noted that the committee responsible for leading this process has yet to meet. He complained that there is no information on what progress, if any, has been made by this committee.
The introduction of an independent procedure for complaints
While clarifying that the majority of magistrates do their work diligently, Fenech complained that there are a few magistrates, “that can be counted on one hand” who are repeatedly criticised for not doing their job properly.
He warned that such shortcomings, including delays in issuing special decrees or showing disrespect to lawyers, diminish the work done by the judiciary.
Fenech called for the establishment of a procedure, independent of the judiciary, to allow complaints to be brought forward if, prima facie, they merit further investigation. He emphasised that discipline is crucial and should only be feared by those who are not fulfilling their responsibilities.
However, Fenech admitted that over the past year, he received “a large number” of complaints about lawyers, and while he acknowledged that some were baseless, others required attention.
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