The evolution of the legal profession : self-regulation or external control

Abstract

Unlike most other professions in Malta the profession of advocate is not regulated by means of a special sectoral legislation. Bill 123 of 2012 is not merely a compilation of provisions hitherto sprawled over various legislative instruments in order to address this deficiency. It is an assertive attempt at statutory self-regulation of the legal profession, while concurrently maintaining the external oversight of the political executive as well as the traditional state authorization for admission into the profession. This thesis intends to provide an analysis on the provisions of the bill. Various elements that directly or indirectly contributed towards the formulation of these provisions will be explored in order to understand the context that stimulated the proposals. Legal history and social environment serve as background while international sociological literature on the professions in general and the legal profession in particular, provide a broader perspective. International and domestic deontological codes, professional core principles, as well the idealism and self image of legal practitioners are also taken into account counterpoising these elements with the notion of public interest and an economic and consumer dimension. European models of regulation and professional associations are also explored. An overview of the current regulatory legislation comprises conditions for admission, the protection of title and reserved activities as well as the disciplinary framework concerning professional practice. The three European regimes regulating free movement of lawyers are also discussed as well as issues arising from different modes of practice. An analysis of the bill brings out its strengths and limitations. The bill clarifies a number of important aspects of professional practice, such as reserved and restricted activities, a definition of legal advice and the setting of parameters for lawyers in employment. It may require more development regarding the regulatory framework and a vision for client care and consumer protection.