Justice Minister Edward Zammit Lewis will meet lawyers in the coming days over proposed changes to the law that would only require those working at the superior courts to possess a warrant to practise law.
While the minister insists that the proposed changes do not limit those practising law, the Chamber of Advocates contends that the changes would only regulate those working in the law courts while lawyers in other areas, such as companies and gaming firms, will not be regulated.
“Contrary to what is being reported, the draft does not limit, by the definition of a warrant, the professional practise of qualified persons in law.
“On the contrary, the warrant has always been a certificate for a person qualified in law to be able to appear and deal in our courts. This bill does not change any of this,” Zammit Lewis told Times of Malta.
He said the proposed changes strengthen the status of those qualified in law and who do not practise in the law courts but in various other fields such as gaming and commercial.
The chamber warned last week that it may resort to action over planned legislation which would limit the requirement of a lawyer’s warrant only to those lawyers involved in court litigation.
Chamber vice-president Stefan Camilleri explained that the bill presented by the government proposes to restrict the warrant of advocates exclusively for those performing court-related work, thus allowing any person who has some academic qualification in law to provide legal services without the requirement of the warrant.
Camilleri said the chamber will be meeting the minister on Wednesday to try and understand why the government has proposed changes to a law that was only amended in April.
He explained that, prior to 2007, the Code of Organisation and Civil Procedure stated that a lawyer needed a warrant to exercise the profession of advocate in the courts of justice in Malta.
In 2007, the article was amended and reference to the courts of justice in Malta was removed and the article made reference solely to the exercise of the profession of advocate.
Reform was prompted by Moneyval review
In April, in line with one of the Moneyval recommendations, the government amended it again to limit the exercise of the profession of advocate or provide legal services in Malta without the authority of the president of Malta through a warrant.
The latest changes include a definition of advocate as a person who appears and pleads before the superior courts.
No mention is made of those lawyers who appear before inferior courts and neither those who do not work in the courts of justice. According to rough estimates, only one in five lawyers actually work in court.
Camilleri noted that the warrant shows the person attaining it was of good conduct and repute, has shown to be fit and proper to be admitted to the profession, has undertaken at least one year of practise in law and, most important, is bound by a set of ethical principles and is subject to disciplinary proceedings if breached.
He said the justice minister is proposing some form of regulations for those practising law outside the law courts but no details have been made public yet.