A group of more than 100 lawyers who have been waiting for a year to be given their warrant are considering taking the matter to the constitutional court. 

The lawyers were thrown into limbo following a disagreement between Justice Minister Jonathan Attard and the Committee for Lawyers and Legal Procurators over a fit-and-proper test for new lawyers.

All new lawyers are expected to sit for this test to establish whether they are deemed to be of good character and high moral standing.

However, the test originally proposed by the committee – which falls under the remit of the Commission for the Administration of Justice – was deemed too invasive for Attard, who wrote to President George Vella to block it.

The committee, headed by former chief justice Silvio Camilleri, originally asked aspiring lawyers to divulge any serious physical or mental health problems over a 10-year period. It also asked if they have or had a drug, alcohol or gambling addiction in the last decade.

Attard argued that the information being asked of candidates is “excessive and does not respect the dignity of the individuals and their privacy”. 

To solve the impasse and find a compromise solution, the commission revised the guidelines and drew up a fresh questionnaire which Attard promptly green-lighted. 

Those waiting for warrant completed test by July

All lawyers who are still awaiting their warrant completed the new test by July. However, these were not processed by the committee which did not meet over summer.

Attard again wrote to the committee chairman in August demanding progress and expressing concern about the predicament faced by the legal professionals awaiting their warrant. However, he remained without a reply.

The lawyers have not heard of any development and met recently to discuss their next move over the “unacceptable situation”.

“We are considering constitutional action because we are losing earnings, we are unable to practise after successfully completing the law course. Worst of all, we have all lost an entire year to be eligible for magisterial positions ‒ something that will affect us for the rest of our career,” one livid lawyer told Times of Malta.

Despite successfully completing the Master of Advocacy course in September last year, the new lawyers did not graduate in November, with their graduation postponed to March. In the meantime, they sat for their warrant exam and, although they were informed by the Office of the Chief Justice that they had passed, they never got their warrant.

Lawyers who graduated in 2021 faced a similar situation. Ultimately, they were granted their warrant without sitting for the fit-and-proper test.