Lawyers' liabilities

Abstract

The introductory chapter of the thesis marks out a historical perspective of the lawyer's profession; then attempts to give as thorough as possible a definition of the term 'lawyer', making special reference to his role in society and to his status under Maltese law. The second chapter embarks on a discussion whether the legal basis of the lawyer-client relationship is based on contract or on tort. In Malta there is no settled opinion on whether the relationship between the lawyer and his client is based on contract or on tort, and this divergence is evident from Maltese jurisprudence to which detailed reference is made. Divergent opinions also exist regarding the denomination of the contract in jurisprudence. The chapter concludes with an exposition of the requirements essential for the validity of the lawyer-client contract. The numerous duties incumbent on lawyers are dealt with in the next two chapters. These are categorized into general duties and specific duties. General duties include those obligations owed by lawyers to their clients, to the courts and to the profession in general and to their colleagues in particular, as well as to third parties. Chapter 4 deals with the second category of specific duties which are particular to defence counsel in criminal cases, to the prosecutor, and to the Advocate for Legal Aid. The fifth and sixth chapters analyse the various facets of lawyers' liabilities, which are classified under civil liability, criminal liability and disciplinary liability, with instances of each being explained and considered in detail. Chapter 6 concentrates on the more important aspects of a lawyer's professional activity which may give rise to liability. Chapter 7 examines the position obtaining in Malta with respect to the remedies that are available to an aggrieved individual who has been prejudiced by his lawyer's negligence. The possibility of instituting a civil action for damages in the civil courts and the possibility of lodging a complaint with the Committee of Advocates and Legal Procurators are tackled separately, hopefully with a satisfactory result.