Law course set for revamp as Chamber of Advocates decries how it has become a 'fall-back faculty'
The University of Malta’s Law degree is set for a full revamp, as the Chamber of Advocates President Peter Fenech decried how it has seemingly become a “fall-back faculty” for those who need a backup for their first choice courses.F
The University of Malta’s Law degree is set for a full revamp, as the Chamber of Advocates President Peter Fenech decried how it has seemingly become a “fall-back faculty” for those who need a backup for their first choice courses.
Fenech was interviewed by The Malta Independent in the week when he gave a speech at the annual opening of the Forensic Year, and education – particularly within the University of Malta’s law course was one of the topics that he focused on.
Speaking to this newspaper, Fenech detailed this point further, and revealed that discussions are underway for the course to get a full revamped – while also questioning certain aspects of it as well.
“I questioned: is the course delivering what society is requiring? In the Chamber’s opinion it is not, and discussions with the University and the Faculty have ensued in the last few months, and there is an agreement that it needs to be restructured,” Fenech said.
He said that a number of amendments have been forwarded by the Chamber and talks are underway.
An aspect of the course that Fenech questioned was on admissions, as he noted that one can enter the course as a mature student at the age of 23 with no real requirements to speak of.
“The law course has many, many, many mature students and when I see some of the complaints – very serious complaints – against mature students, I question whether it’s working,” he said.
But what Fenech said irks him most is when he hears that the law course is being treated by some as a “second choice” – a fall back option for if they do not enter the course they wish, perhaps because the course has a limited intake.
“Law isn’t a second choice. Unfortunately it’s been reduced to that and the Chamber is objecting to that identity because it’s been given an identity of the fall back faculty – I don’t accept that, and I don’t believe the Univeristy should accept it, but so far they’ve done nothing about it,” Fenech said,
That’s why the Chamber is seeking the revamping of the course and went public in saying that it is seeking this.
Questioned as to whether this revamping would include adjustments to the entry requirements, Fenech said that it is one thing but not the only thing. “The course per se needs to be restructured,” he said.
“We need to ask questions: is the law clinic working? Are the subjects and electives all important, or should we re-structure what a core group of subjects is? Should a lawyer be expected to know every law under the sun? It’s impossible. After Malta became a member of the European Union the fields of law have mushroomed, so there is even a possibility of specialisation at some point in – so there are things we need to change,” he added.
Changes to the warrant exam are being discussed within talks on the new Lawyers Act, but more so, Fenech said that a radical change is likely coming to how Maltese law students go through their pupillage – a mandatory period wherein a student must practice within a law firm.
As things stand, students should not expect any remuneration for their work during their pupillage period – something which contrasts with systems in other countries: the UK for example recommends a pay of around €23,000 per year.
The Lawyers Act includes an emphasis that the current system must “change radically,” Fenech said when asked about this.
“The Chamber is not happy with the methodology adopted today for practicing law. It’s a free for all, there are very few guidelines and it is abused,” Fenech said.
He continued that the Chamber will over the next few days be writing to the Committee for Advocates and Legal Procurators insisting that they verify that lawyers who sign that someone has done a practice for a year proves that it’s been done.
Fenech raised an example of receiving complaints that one advocate was training six lawyers at the same time – saying that they’re not actually training them, but simply signing off on their papers.
“It’s not acceptable, and that’s why we went public with it – so that everybody knows they have a responsibility to shoulder or they will face sanctions,” Fenech said.
He continued that in his personal opinion the country needs to move more towards the structure used in the United Kingdom, where pupillage is structured, paid, consists of a certain number of hours, includes portfolios, and takes place after University studies are concluded – even if it means some graduates will have to wait a year or two before getting a spot at a law firm of their pupillage.
“I’m not saying let’s follow that exact pattern, but I’m definitely saying that we have to up the stakes as this is part of our credibility,” Fenech said.
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