Malta needs to regulate Lawyers and introduce Lawyers Act, Chamber of Advocates President says
Discussion around the Lawyers Act has been ongoing since 2008, and it is disappointing that an act which regulates the legal profession has still not been implemented despite the goodwill of concerned parties, Chamber of Advocates President Peter Fen
Discussion around the Lawyers Act has been ongoing since 2008, and it is disappointing that an act which regulates the legal profession has still not been implemented despite the goodwill of concerned parties, Chamber of Advocates President Peter Fenech said as he delivered a speech on Tuesday during the opening of the forensic year.
Fenech said that there are various fields of significant importance tied to the act in question, "among them, the total reorganisation of the profession, discipline, and the obligation of continuous training". He remarked that there can be no further delay and that the Lawyers Act is necessary for the organisation of the profession. He said that Malta is one of few countries where lawyers are not regulated, and commented that "this is not an honour for our country".
The President of the Chamber of Advocates said that during the last opening of the forensic year, the Chamber had brought forward its proposal for Justice 2030. He continued that the Chamber had formulated this proposal and passed along ideas to the relevant authorities, though he expressed disappointment that no progress has been made on this initiative since then.
He said that the Chamber's proposals make suggestions regarding where positive measures could be introduced in order to strengthen and improve the justice sector. He commented that people always hear of initiatives being made, "but the Chamber believes that the problems present in the sector need to be addressed holistically." He added that management by crisis needs to be avoided in favour of planned management.
"We need to have the courage to do what is needed to be done in the justice sector away from the pressure of sectors which have their interests, and away from political pressure."
As he spoke about the judiciary, the President of the Chamber of Advocates said that he believes the time has come for every judge's office to be expanded. He believes there should be no distinction between "Superiors and Inferiors" in this regard, and that the number of competent people in each judge's office should be increased. He said that only through this can it be ensured that each judge has the time to properly study their cases and the decisions to be made.
Fenech remarked that another subject he would like to focus on, both regarding the judiciary and the lawyers, is discipline. "Discipline was already mentioned last year, but nothing has happened," he commented.
He said that some magistrates, which can be "counted on one hand", are regularly mentioned due to the manner in which their duties are not adhered to as expected. He said that the complaints regarding these few vary, but that they do not just damage the concerned judge, "but is also pulling the rug from under the whole Judiciary, and the good work being done is undermined by the few". He added that damage is also being done to the reputation of lawyers and other workers in the justice sector.
With that said, Fenech said that the Chamber of Advocates is insisting that this forensic year, a procedure independent from the judiciary should be established which will lead to complaints being able to be brought forward that, if prima facie merit further investigation, will be considered. He remarked that discipline only scares those who do not handle their responsibility. "Chief Justice, for those who work properly, a similar procedure strengthens them and does not hinder them," Fenech said.
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