The quota litis prohibition and its implications for the role of the Maltese advocate

Abstract

The sixteenth President of the United States, Abraham Lincoln, once held: “The matter of fees is important, far beyond the mere question of bread and butter involved. Properly attended to, fuller justice is done to both lawyer and client.” This exposition aims to give the matter of fees the recognition it deserves, by focusing on the notorious quota litis prohibition as found under various European Codes, with particular attention being shown towards the prohibition as found under Maltese law. To fulfill this aim, this research project first analyses the development of quota litis through history; discussing in quite some depth the concept of champerty and how this correlates, or otherwise, to the notion of quota litis. Focus is then shifted onto the rise of what are known as contingency fee agreements within 19th Century America; these having shaped the concept of quota litis agreements as we know them today. The study then goes on to evaluate the merits and demerits of the quota litis prohibition in further detail, prior to diverting its attention to conditional fee agreements as popularised in the United Kingdom by way of the term no win no fee. Moreover, the author proceeds to examine the ethical considerations behind the quota litis prohibition, further supporting the arguments presented by way of a comparative overview of international codes of conduct. In light of all this, the conclusions attempt to explore way and means in which conditional fee agreements may be adopted within the Maltese jurisdiction, while assessing the validity of the quota litis prohibition in relation to the demands of the 21st Century.