Chamber of Advocates calls for urgent reforms in judiciary and legal profession

The President of the Chamber of Advocates, Peter Fenech, has issued a stark call for reforms affecting both the judiciary and legal practitioners, highlighting long-standing challenges and unmet proposals as the new forensic year begins.

In his address, Fenech outlined the obstacles lawyers face alongside the judiciary in the execution of their duties, lamenting that several initiatives, including the Justice 2030 proposals announced two years ago, remain unimplemented. He urged enhanced dialogue to identify pressing needs and ensure timely action.

A central concern, he said, is the fragmentation of courts across multiple buildings in Valletta. “In the last 30 years, we lost one opportunity after another to expand the courts’ premises through adjacent buildings,” Fenech said. He added that the current arrangement forces lawyers into the role of “road runners” just to serve their clients.

Fenech also criticised inconsistent court schedules, noting that while some courts adhere to timetables, others start more than an hour late without apology, leaving lawyers to navigate conflicting commitments. He called for an immediate discussion to address this issue.

Turning to the legal profession itself, Fenech highlighted the absence of legislation regulating lawyers in Malta, calling it a unique and problematic gap that “leads to abuse.”

He also drew attention to outdated professional tariffs, unchanged for 30 years, which he said diminish the profession, contribute to court delays, and fuel complaints.

“This is a big problem, and I hope that in the coming year it is addressed to be more realistic and transparent… to become more just for both lawyers and the clients they represent,” he said.

Fenech further addressed concerns about legal education, urging greater respect for law courses at university. “We have ended up in a situation where those who do not meet the grades in other courses enrol for the law course. Students spend a year without even attending classes, and nobody notices,” he warned.

On the role of technology, he acknowledged that artificial intelligence (AI) could enhance the legal profession but emphasised the need for regulation to prevent it from becoming a “dangerous tool.” He called for the appointment of a regulator to oversee the ethical, educational, and efficiency implications of AI in law.

Concluding his address, Fenech reminded lawyers of their personal responsibility to uphold the profession’s reputation. “I do not wish to criticise anyone in particular, but I must remind you that only you can build your reputation, and only you can break it… Never forget the respect due to those who turn to you,” he said.