MT
COMMITTEE FOR ADVOCATES AND LEGAL PROCURATORS (APPEALS) RULES (appeals)
Table of Provisions (17)
Statutory Text (17 Articles)
COMMITTEE FOR ADVOCATES AND
LEGAL PROCURATORS (APPEALS)
SUBSIDIARY LEGISLATION 369.02
COMMITTEE FOR ADVOCATES AND LEGAL
PROCURATORS (APPEALS) RULES
4th March, 1997
LEGAL NOTICE 32 of 1997, as amended by Act XIX of 2021.
The title of these rules is the Committee for Advocates and
Legal Procurators (Appeals) Rules.
Every appeal to the Commission for the Administration of
Justice from a decision of the Committee for Advocates and Legal
Procurators constituted under article 3 of the Commission for the
Administration of Justice Act shall be in writing.
The time within which the appeal is to be lodged is that of
twenty days from the notice of the decision of the said Committee.
Service shall be made by persons detailed for the purpose by the
Chairman of the Commission.
The appeal is to be deposited at the Office of the
Commission at The Palace, Valletta, during Court Registry hours.
The appeal which shall contain only a recapitulation of the
part of the decision which is being appealed from, and the reasons
for the variation asked for.
The Commission shall, on the filing of an appeal, within
seven days appoint a date for hearing, and such date shall not be
later than one month from the said filing.
The hearing shall be before the Commission, but the fact
that members might be absent or challenged shall not stop the
hearing of the appeal provided a quorum consisting of half the
number of members plus one, is present.
The procedures of the Commission when hearing appeals
from decisions of the Committee for Advocates and Legal
Procurators shall be held in camera, but the Advocate or Legal
Procurator against whom the original complaint was made may
request that procedures be heard in public.
During the hearing of the appeal, the person against whom
the a ppeal w as m ade, the c om p lai na nt an d t he Ch am ber of
Advocates or the Chamber of Legal Procurators, as the case may
warrant, have the right to be present and to be represented.
The date and time fixed for the hearing shall be notified by
persons detailed therefor by the Chairman of the Commission.
A copy of the appeal shall be served on the person against
whom the original complaint was made when the appeal is lodged
by the Chamber of Advocates or the Chamber of Legal Procurators,
or on the Chamber of Advocates or the Chamber of Legal
Procurators when the appeal is lodged by the person against whom
the original complaint was made.
COMMITTEE FOR ADVOCATES AND
LEGAL PROCURATORS (APPEALS)
If the appellant, duly notified, shall fail to appear on the
date and time appointed for the hearing, and shall not justify such
failure in writing within seven days, the appeal shall be deemed
abandoned.
The Commission may hear on oath any person who gave
evidence before the Committee for Advocates and Legal
Procurators, and shall have all the relevant documentation kept by
the Committee with regard to the case.
The Commission’s decision shall be notified on the person
complained against, on the Chamber of Advocates or the Chamber
of Legal Procurators according to the case, and the person who had
lodged the complaint before the Committee for Advocates and
Legal Procurators.
When the appeal is not held in camera, the decision
regarding the appeal shall be read out in public and may be
published but only in the full text.
These rules shall apply mutatis mutandis to appeals lodged by
law firms.