Clients’ misperception : the extent of duties and accountability of the Maltese notary public

Abstract

Clients have expectations of service in return for money which are very often based on perceptions rather than on reality. With the Notarial practice facing an important point in its development, especially due to the ZERP Report referred to in this dissertation, misperceptions can prove to be detrimental by negatively influencing political decisions. This study will look at client misperceptions regarding Notarial responsibilities and obligations against the backdrop of historical development, and oflegislation regulating the practice. It will also look at the current situation, including the state of the internal debate, and finally propose recommendations for a way forward. Chapter 1 gives a historical background to the development of the role of the Notary Public, from the times of the Roman Empire on to the development to a Public Office. Chapter 2 highlights some early public perceptions of the Notary through records of achievements and mention in literature, and the forging of the profession as a noble and trusted one. Chapter 3 outlines the development of legislation regulating Notarial practice in Malta from the Middle Ages to the early British colonial period, giving particular attention to Ordinance V of 1855. Chapter 4 draws comparisons between the Notary in England and Italy, as common and civil law countries respectively. Chapter 5 analyses the provisions of Chapter 55 of the Laws of Malta, the Notarial Profession and Notarial Archives Act of 1927, while Chapter 6 looks at responsibilities and obligations arising out of other legislation. Chapter 7 studies client misperceptions through a questionnaire, and analyses and interprets the results. Chapter 8 looks at the current debate within the profession, and also at the possible implications of future legislation and of European Union decisions. Chapter 9 draws the overall conclusions and proposes two sets of recommendations, one intended to address legislative shortcomings, and the other to address misperceptions.