Would-be lawyers who have completed their university course and warrant exams remain in limbo due to a dispute over a questionnaire they must fill in. 

Introduced in 2021, the test is drafted by the Commission for the Administration of Justice but must be approved by the justice minister. 

It has, however, never been properly implemented due to an ongoing dispute over what to ask people seeking a warrant to practice law. 

Justice Minister Jonathan Attard fears some of the questions in that questionnaire are overly invasive and infringe on applicants' privacy. 

Those questions require warrant applicants to state whether they have had any serious physical or mental health issues in the past 10 years, or if they have had any addiction-related problems in the past decade. 

They also require applicants to state where they attended primary and secondary school and to list any litigation they are involved in - including family court cases, such as divorces or separations.    

In an open letter sent to President George Vella on Friday, the justice minister described those questions as "invasive", and “excessive”, saying they did not respect the individual’s dignity and privacy. 

The questions would also discourage people from entering the legal profession, he argued.  

Attard wrote his open letter to the president after an email written by the Commission for the Administration of Justice - which the president chairs -implied ministry delays were holding up the questionnaire.  

The email stated that the Commission was still waiting for ministry feedback after it submitted draft guidelines in December 2022. 

In his open letter, Attard denied this, saying he had discussed the issue in person during a meeting on March 27 and followed that up with communication in writing from his ministry.  

The questionnaire is drafted by an independent commission and is a third requirement before a graduate receives their law warrant. They must also pass an oral and written exam.  

Intended to ensure lawyers are of good character, the test asks applicants various questions. Apart from the questions that the minister has taken issue with, the questionnaire also asks about applicants' education and work history, business interests, why they want to join the bar and whether they form part of a masonic lodge. 

Attard said that 105 law graduates who have passed their exams are stuck in limbo due to the dispute, having passed their exams but unable to get their warrant. 

Last year, authorities had opted to ignore the new law and dished out warrants for new lawyers without requiring them to complete the questionnaire.

Attard had at the time also raised concerns about the test's overly invasive nature.  

A spokesperson for the Law Students Society described delays as “unacceptable”. 

“The warrant exam took place on January 28, with the oral session taking place a number of weeks later”. 

“These prospective advocates have been told whether they have passed or not, however, they are being barred from entering the profession and practising, due to this impasse. It is unacceptable that such persons be left in limbo when the stakeholders had plenty of time to come to an arrangement” the Law Students Society said.