A law students' organisation has called for a new standalone act regulating the legal profession, saying that recently enacted legislation is not robust enough.
Għaqda Studenti Tal-Liġi launched a new policy document on Monday that examines the international regulatory framework of the legal profession, as well as rules regulating other warranted professionals. It proposes more robust legislation governing warranted legal professionals.
Bill 181, or the Lawyers' Act, passed its third reading in parliament on Wednesday, expanding the Code of Organisation and Civil Procedure and the Commission for the Administration of Justice Act.
However, critics of the legislation, including the Chamber of Advocates, have argued that the bill does not go far enough to properly regulate the legal profession and is primarily focused on achieving requirements set out in the Moneyval report.
The chamber had slammed the bill as one that was not fit for purpose and said it was dismayed that a watered down version of the legislation had made it to parliament.
“We understand that Bill 181 of 2020, the recently introduced bill to regulate the legal profession has passed third reading stage and will soon become law.
"Unfortunately, while this bill is a small step in the right direction, we are of the opinion that it leaves much to be desired,” GħSL Policy Officer Andrew Sciberras said.
“A law regulating the profession needs to be robust, not introduced piece-meal. It is clear even from the objects of the bill that the reason behind it is not a genuine desire to better the profession, but rather to address certain issues related to Moneyval," GħSL President Matthew Charles Zammit said.
“The lingering need for a regulatory framework, and a discussion on the legal profession at large, has been lacking for far too long. While recent developments in this field have rendered contrasting results, it’s only logical that those aiming to form part of this profession in the near future, should have a vocal say in the matter,” he added.
“This policy paper was created with one task at hand: To determine the future of our legal profession, by examining past legislative attempts, and extrapolating present needs. We, as an organisation representing future members of the legal profession, aspire that this project significantly contributes and influences any legislative efforts undertaken in the upcoming months and years to come.”
Among its proposals, GħSL is recommending that guidelines should also be published for trainee lawyers, with the Committee of Advocates and Legal Procurators keeping a register of all advocates undertaking pupillage, and that law firms are regulated and registered.
Additionally, the organisation is suggesting the introduction of a revamped code of ethics and the maintenance of a register of all warranted lawyers.
The group is also proposing that a person should possess only one professional warrant at a time.
“The holding of multiple warrants simultaneously is an ethical grey area which can leave possible clients confused as to the actual capacity of the professional, in any specific situation.”
The full policy paper can be viewed here.