ACT No. XIX of 2021 AN ACT to amend legislation regulating the legal profession.

I assent.

(L.S.)

GEORGE VELLA

President

20th April, 2021

ACT No. XIX of 2021

AN ACT to amend legislation regulating the legal profession.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Legal Profession (Reform)

Act, 2021.

PART I

Amendments to the Code of Organization and Civil Procedure

This Part amends the Code of Organization and Civil

Procedure and it shall be read and construed as one with the Code of

Organization and Civil Procedure, hereinafter in this Part referred to as

"the Code".

Article 78A of the Code shall be renumbered as sub-article (1)

and immediately thereafter there shall be added the following new sub-

article

"(2) For the purposes of this Title, unless the context

otherwise requires

"advocate" means a person authorised under

the provisions of article 79;

"Committee" means the Committee for

Advocates and Legal Procurators established by

article 3 of the Commission for the Administration

of Justice Act;

"law firm" means an association or civil

partnership, whether or not properly constituted, or

any other legal structure of advocates in the exercise

of the profession;

"Register" means the Register maintained by

the Committee in terms of article 88D where

information on individuals holding a warrant to

practice as advocates or legal procurators and on law

firms is recorded.".

Article 79 of the Code shall be renumbered as sub-article (1) Amendment of

article 79 of the

and shall be amended as follows

Code.

(a) sub-article (1) thereof, as renumbered, shall be

substituted with the following

"(1) No person may exercise the profession of

advocate or provide legal services in Malta or otherwise

hold himself out as providing any legal service in Malta

without the authority of the President of Malta granted by

warrant under Public Seal of Malta acting on the

recommendation of the Committee and after such person is

duly admitted to the Register in accordance with the

provisions of this Code."; and

(b) immediately after sub-article (1) thereof there shall

be added the following new sub-articles

"(2) Upon the grant of a warrant in terms of sub-

article (1), the Committee shall register the advocate in the

Register maintained by the Committee.

(3) Any person who acts in contravention of the

provisions of sub-article (1) shall be guilty of an offence

and shall on conviction, be liable to a fine (multa) not

exceeding twenty five thousand euro (€25,000) or to

imprisonment for a period not exceeding one (1) year, or to

both such fine and imprisonment.".

In article 80 of the Code, immediately after the words Amendment of

"exercise of the profession" there shall be added the words "of article

Code.

advocate".

Article 81 of the Code shall be amended as follows

(a) paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) he is a fit and proper person as recommended

by the Committee;";

(b) paragraphs (b), (c), (d), (e) and (f) thereof shall be

renumbered as paragraphs (c), (d), (e), (f) and (g) respectively;

(c) immediately after paragraph (a) thereof there shall be

added the following new paragraph

"(b) he is of good conduct and good morals, and is

not or has not engaged in or is not or has not been

associated with any activity or practice which in the view of

the Committee is not compatible with the exercise of the

legal profession or has not otherwise conducted himself in

such a manner which casts doubt on his honesty and

integrity;";

(d) paragraph (d) thereof, as renumbered, shall be

substituted by the following new paragraph

"(d) he has obtained the academic degree in law in

accordance with the provisions of the Statue of the

University of Malta, or such other qualification as the

Minister, after consultation with the Committee, may from

time to time prescribe, or a comparable degree from such

other competent authority in accordance with the principles

of mutual recognition of qualifications, after having read

law in Malta or in a Member State;";

(e) in paragraph (e) thereof, as renumbered, the words

"of paragraph (c)" shall be substituted by the words "of

paragraph (d)";

(f) paragraph (g) thereof, as renumbered, shall be

substituted by the following new paragraph

"(g) he has been duly examined and approved by

two judges who shall issue, under their signature and seal,

a certificate attesting that they have found him to possess

the qualifications mentioned in paragraphs (b) to (e) and

that he is competent to exercise the profession of advocate

in the courts of Malta.";

(g) article 81 thereof shall be renumbered in its entirety

as sub-article (1) and immediately thereafter there shall be added

the following new sub-article

"(2) The Committee shall from time to time and with

the approval of the Minister, prepare and publish rules and

guidelines setting out the requirements that a person shall

need to satisfy from time to time to comply with the

requirements of article 81(a), (b) and (c).".

Article 84 of the Code shall be substituted by the following Substitution of

new article

84. (1) A person may be disqualified perpetually

or for a time to practice the profession of advocate on the

recommendation of the Commission for the

Administration of Justice, if that person

(a) is no longer a fit and proper person;

(b) has

seriously,

repeatedly

or

systematically failed to satisfy his obligations under

the Prevention of Money Laundering Act or the

Prevention of Money Laundering and Funding of

Terrorism Regulations;

(c) has been found guilty by a court of law

of a crime affecting public trust or theft or of fraud

or of knowingly receiving property obtained by

theft or fraud or of any crime punishable by a term

of imprisonment exceeding one (1) year with the

exception of involuntary offences; and

(d) is considered to suffer from an infirmity

of mind that seriously affects the exercise of his

profession.

(2) The temporary or permanent withdrawal, by the

competent authority in the Member State in which the

advocate acquired the right to use the professional title, of

the authorisation to practice the profession shall

automatically lead to the advocate being temporarily or

permanently prohibited from practicing in Malta.

(3) The disqualification referred to in sub-article (1)

shall be declared by the President of Malta by means of a

letter to the registrars of the Courts of Malta and Gozo

and to the advocate so disqualified, unless the advocate is

interdicted by means of a final judgment delivered by a

court

Provided that the Committee may advise the

President of Malta to remove the disqualification as

aforesaid.".

Immediately after article 84 of the Code there shall be added

the following new article

84A. (1) The Chamber of Advocates shall be an

independent professional body for advocates in Malta

and shall be regulated and governed by its statute and

this Code.

(2) The Chamber shall exercise functions in relation

to the representation or promotion of the interests of the

profession and of advocates and law firms. Such

functions shall include

(a) safeguarding and protecting the

dignity, honour and reputation of the profession

of advocate;

(b) the encouragement of an independent,

strong, diverse and effective legal profession;

(c) promoting and maintaining adherence

to high professional principles and rules of ethical

behaviour by advocates;

(d) enhancing and promoting the level and

standard of competence and skill within the

profession amongst others through continued

professional

development

and

to

make

arrangements and requirements for continued

professional development.

(3) Membership of the Chamber shall be open to

all advocates and law firms that are eligible to be

inscribed in the Register under this Code in accordance

with the Statute of the Chamber applicable from time to

time, against the payment of such membership and

annual fees as the Chamber may from time to time

determine. The Chamber may levy other fees for the

provision of other services to members.

(4) In the exercise of its function as a professional

body, if the Chamber becomes aware of any misconduct

on the part of an advocate or law firm and it appears to it

that such misconduct can have serious and adverse

repercussions on the overall dignity, honour and

reputation of the profession as a whole, the Chamber

shall be entitled to file a report to the Committee for

disciplinary action to be taken against such regulated

person.".

Article 85 of the Code shall be substituted by the following Substitution of

new article

" Admission of

85. (1) No person may be admitted to practice as a

legal

procurator without the authority of the President of

Malta granted by warrant under the Public Seal of Malta,

acting on the recommendation of the Committee.

(2) Upon the grant of a warrant in terms of sub-

article (1), the Committee shall register the legal

procurator in the Register maintained by the Committee.

(3) Any person who acts in contravention of the

provisions of sub-article (1) shall be guilty of an offence

and shall, on conviction, be liable to a fine (multa) not

exceeding twenty-five thousand euro (€25,000) or to

imprisonment for a period not exceeding one (1) year, or

to both such fine and imprisonment.".

Article 87 of the Code shall be amended as follows

(a) paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) he is a fit and proper person as recommended

by the Committee;";

(b) paragraph (e) thereof shall be substituted by the

following new paragraph

"(e) he has been duly examined and approved by

two judges, who shall issue under their signature and seal a

certificate attesting that they have found him to possess the

qualifications mentioned in paragraphs (b) to (d) and that

he is competent to practice as legal procurator in the courts

of Malta.".

Immediately after article 88 of the Code there shall be added Addition of new

the following new articles

88A. (1) A law firm shall be registered in the

Register maintained by the Committee following an

application in writing submitted to the Committee and no

partnership or association of persons or other legal entity,

howsoever formed and called, shall act or hold itself out

as being a law firm and no person shall be entitled,

recognised or authorised to act in the name and on behalf

of a law firm unless and until it has been duly registered

as aforesaid

Provided that law firms already in existence shall

have to be registered within twelve (12) months from the

coming into force of this provision, and following such

date no person shall be entitled, recognised or authorised

to act in the name and on behalf of an unregistered law

firm.

(2) The application for registration shall include the

following information and documentation

(a) name of the law firm;

(b) name and surname, date of birth, place

of residence and identification number of each

member of that law firm;

(c) the name of those advocates vested with

the representation and management of the law firm;

and

(d) the address of the place from where the

law firm shall be providing its services.

(3) Without prejudice to the provisions of the

proviso to sub-article (1), any person, not being an

advocate, who makes use of the designation "law firm" or

any similar designation, whether written or otherwise, or

of any other form of language or words that can be

perceived as a law firm or which misleadingly imply the

existence of a law firm providing legal services in Malta,

when no such law firm is registered in the Register

maintained by the Committee, shall be guilty of an

offence and shall, on conviction, be liable to a fine

(multa) not exceeding twelve thousand euro (€12,000) or

to imprisonment for a term not exceeding six (6) months

or to both such fine and imprisonment.

88B. (1) The name of a law firm

(a) shall contain terms such as "advocates",

"legal", "law firm" or words of similar import that

are intended to indicate the nature of the firm and

the services it provides;

(b) shall not contain uncouth language or

words which are considered to be offensive or to

have an adverse effect on the decorum and dignity

of the legal profession;

(c) shall not be misleading or calculated to

mislead the general public and the persons requiring

legal services as to the real nature of the firm and

the services it provides;

(d) may include

(i) the name or names of one or more

advocates being a partner or partners in the

law firm, or any abbreviations thereof; or

(ii) the name of an advocate or any

abbreviation thereof who has ceased to be a

partner in the firm, where the existing partners

have decided to retain the same name of the

firm or the name of the former partner as part

of the name of the law firm.

(2) No person or entity shall use a name or brand that

is indicative of a law firm unless the law firm is registered

in accordance with this Title.

(3) A law firm shall not be registered by the

Committee unless the name of the law firm satisfies the

requirements of this article and breaches of this provision

by a law firm shall constitute misconduct.

88C. Notwithstanding any provision in any other law

and any agreement to the contrary

(a) any act or service that may be done or

provided by an advocate may be done or provided

by any one or more of the partners in the name and

on behalf of a law firm and any act or service done

or provided in the name of the law firm shall be

done or provided by one or more of the partners;

and

(b) any prohibition imposed by or under any

law on advocates shall also apply to law firms.

88D. (1) The Committee shall maintain and keep

updated a Register containing the following information

(a) the names of persons who are in

possession of a warrant to practice as advocates;

(b) the names of persons who are in

possession of a warrant to practice as legal

procurators;

(c) the name of law firms set up in terms of

this Title, including the names and identifying

details of those advocates and other warranted

professionals being members of such law firms.

(2) The Register shall be made available for public

inspection without charge.".

PART II

Amendments to the Commission for the Administration of Justice Act

This Part amends the Commission for the Administration of

Justice Act and it shall be read and construed as one with the

Commission for the Administration of Justice Act, hereinafter in this

Part referred to as "the principal Act".

Article 2 of the principal Act shall be amended as follows

(a) immediately after the definition "Commission" there

shall be added the following new definition

" "law firm" shall have the same meaning as assigned

to it in the Code of Organization and Civil Procedure, the

Code of Ethics and Conduct for Advocates and may also

include an association or partnership consisting of or

employing practicing advocates;";

(b) the definition "misconduct" shall be substituted by

the following new definition

" "misconduct in relation to advocates or legal

procurators" means

(a) any breach of a code or codes of ethics

relative to the profession of advocate or legal

procurator, as the case may be;

(b) a serious failure to comply with the anti-

money laundering and counter funding of terrorism

obligations under the Prevention of Money

Laundering Act or the Prevention of Money

Laundering and Funding of Terrorism Regulations,

reported to the Committee for Advocates and Legal

Procurators by the Financial Intelligence Analysis

Unit;

(c) being found guilty by a court of law of a

crime affecting public trust or of theft or of fraud or

of knowingly receiving property obtained by theft

or fraud or of any crime punishable by a term of

imprisonment exceeding one (1) year with the

exception of involuntary offences;".

Article 3 of the principal Act shall be amended as follows

(a) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) The Committee for Advocates and Legal

Procurators shall consist of

(a) a Chairperson who shall be appointed

from amongst retired judges by the Commission for a

period of four (4) years;

(b) an advocate appointed by the Attorney

General for a period of four (4) years;

(c) an advocate appointed by the State

Advocate for a period of four (4) years;

(d) a senior public official of the Ministry

responsible for justice who shall be appointed by the

Minister responsible for justice; and

(e) three (3) advocates appointed by the

Chamber of Advocates for a period of four (4) years,

so however that where the committee is dealing with

any matter relating to the profession of legal

procurators, or relating to the conduct of a legal

procurator, three (3) legal procurators appointed by

the Chamber of Legal Procurators shall sit instead of

the three (3) advocates appointed by the Chamber of

Advocates.";

(b) sub-article (4) thereof shall be substituted by the

following new sub-article

"(4) Where the members to be appointed under sub-

article (2)(v) are not appointed within two weeks from a

call for their appointment by the Secretary of the

Commission, then the appointment of the said members

shall be made by the President of Malta, who in making

such appointment shall act in accordance with his own

deliberate judgment.";

(c) sub-article (5) thereof shall be substituted by the

following new sub-article

"(5) (a) The Committee shall have competence in

all matters falling under the functions of the Commission

relating to the professional conduct of advocates and

legal procurators and to the exercise of the profession in

general; and

(b) The Committee shall be responsible to

fulfil the functions assigned to it under Title V of Book

First of the Code of Organization and Civil Procedure.";

(d)

sub-article (7) thereof shall be amended as follows

(i) immediately after the words "of his profession"

there shall be added the words "or by a law firm in the

provision of its services, or finds that an advocate or legal

procurator is no longer a fit and proper person";

(ii) paragraphs (b), (c) and (d) thereof shall be

renumbered as paragraphs (c), (d) and (e) respectively; and

(iii) immediately after paragraph (a) thereof there

shall be added the following new paragraph

"(b) recommend to the Commission that the

registration of a law firm be suspended perpetually or

for a specified period of time; or".

In sub-article (2) of article 4 of the principal Act, the words

"Three members" shall be substituted by the words "Four (4) members,

including the Chairperson,".

Article 5 of the principal Act shall be substituted by the

following new article

5. (1) The Committee for Advocates and Legal

Committee for Procurators shall, of its own motion, or at the request of

Advocates and the Commission, or on the complaint of any person, have

the power and duty

(a) to investigate, enquire into and decide

upon any misconduct of any advocate or legal

procurator in the exercise of the profession or of

any law firm in the provision of its services upon

any complaint that an advocate or legal procurator

may no longer be a fit and proper person or upon

the inability of any advocate or legal procurator to

exercise his profession because of infirmity of mind

or that the law firm is not complying with the

provisions of the Code of Organization and Civil

Procedure and the Code of Ethics;

(b) without prejudice to any other action

possible under any other law to impose disciplinary

penalties and to take such other measures as it

considers appropriate and as are provided for under

this Act.

(2) Any investigation or inquiry as is referred to

under paragraph (a) of sub-article (1) may only be

commenced by the Committee within six (6) months from

the date in which the Commission, the Committee or the

complainant, as the case may be, becomes aware of such

misconduct

Provided that in any case any investigation or

inquiry as is referred to under paragraph (a) of sub-article

(1) may only be commenced not later than five (5) years

from the date of such misconduct.".

Sub-article (2) of article 6 of the principal Act shall be Amendment of

article 6 of the

amended as follows

principal Act.

(a) paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) The person or law firm against whom the

Committee makes a finding and the Chamber of Advocates

where the complaint is against an advocate or law firm, and

the Chamber of Legal Procurators where the complaint is

against a legal procurator, shall have the right of appeal to

the Commission:"; and

(b) in paragraph (c) thereof, the words "A person against

whom a complaint is made shall be entitled to sue the

complainant in addition to the damages which may be due under

any law for the time being in force in respect of any actual loss,

or injury, the court may grant to the person" shall be substituted

by the words "A person or law firm against whom a complaint is

made shall be entitled to sue the complainant in addition to the

damages which may be due under any law for the time being in

force in respect of any actual loss, or injury, the court may grant

to the person or law firm".

Article 7 of the principal Act shall be amended as follows

Amendment of

article 7 of the

principal Act.

(a) in sub-article (1) thereof, the words "The

complainant and the person whose conduct is being investigated

shall have the right to be present during the whole investigative

process, produce witnesses in support of the complaint, or in

defence, and to be assisted by an advocate or legal procurator.

Unless the person" shall be substituted by the words "The

complainant and the person or law firm whose conduct is being

investigated shall have the right to be present during the whole

investigative process, produce witnesses in support of the

complaint, or in defence, and to be assisted by an advocate or

legal procurator. Unless the person or law firm"; and

(b) in sub-article (2) thereof, immediately after the

words "an advocate" there shall be added the words "or law

firm".

The Committee for Advocates and Legal Procurators

(Procedure) Rules are hereby being repealed.

Immediately after rule 15 of the Committee for Advocates and

Legal Procurators (Appeals) Rules, there shall be added the following

new rule

" Appeals by

16. These rules shall apply mutatis mutandis to

law firms.

appeals lodged by law firms.".

Passed by the House of Representatives at Sitting No. 448 of the

14th April, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€1.26