| CODE | CVL5021 | ||||||
| TITLE | Professional Ethics | ||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||
| MQF LEVEL | 7 | ||||||
| ECTS CREDITS | 5 | ||||||
| DEPARTMENT | Civil Law | ||||||
| DESCRIPTION | This study-unit will examine the general notions of professional ethics obtaining in Maltese Law and within the Maltese legal profession. Three central concerns will guide this investigation: (a) the attempt to situate Maltese professional ethics within a comparative and European perspective, (b) a focus on the practical implementation of ethical norms and values in the lawyering process and (c) the identification of zones of uncertainty and debate where students can be introduced to differing opinions and schools of thought. This study-unit will address the role played by legal ethics at an institutional level. Here we will look at the relationship between the State and the legal professional bodies, the powers and functions of the institutions that are to oversee the drafting and the implementation of the relative codes of ethics operating within the Maltese Jurisdiction and the interaction of foreign jurisdictions responsible for the overseeing of professional ethics. It will also examine theories of professionalism and professional regulation in the light of developments in the composition of the Maltese legal profession and in forms of professional organization (such as the emergence of multi-disciplinary firms). Particular attention will be paid to exploring the ethical aspects of the three key dimensions of the lawyer’s role: the relationship with the client, the court and the other lawyers. In this context, we will examine the requirements of confidentiality and compare traditional and client-centered models of lawyering. The ethical requirements of professional legal representation, with particular reference to the need to avoid misleading the court in the drafting of submissions, will also be highlighted, as also the appropriate way to conduct negotiations with other lawyers. All these issues will be investigated from the standpoint of the Code of Professional Ethics for Maltese Advocates and pointing out possible differences between different fields of advocacy. Students are to note that they are allowed to answer the examination questions in either Maltese or English since this examination is a preparation for the warrant exam which is held 50% in Maltese. Learning Outcomes: This study-unit is aimed at final year LLD students who would soon be sitting for their professional warrant exam and embarking on legal practice. It aims to enable students to derive a practical appreciation of professional ethics while also giving them a firm grounding in the underlying theoretical concepts. By developing their understanding of professional ethics, we aim to empower these students to become competent and responsible legal professionals in the future. Reading List: 1) Legal Sources: Commission for the Administration of Justice, Code of Ethics and Conduct for Advocates, the Palace, Valletta Code of Organization and Civil Procedure, (Cap. 12, Laws of Malta) Commission for the Administration of Justice Act, (Cap. 369, Laws of Malta) Constitution of Malta Criminal Code (Chapter 9, Laws of Malta) Professional Secrecy Act (Cap. 377, Laws of Malta) 2) Books & Articles: Richard Abel, 1997, Lawyers: A Critical Reader, New York: The New Press Richard O’Dair, 2001, Legal Ethics: Text and Materials, UK: Butterworths David Zammit, 2002, “Professional Ideals in Maltese Legal Practice”, in Id-Dritt, Volume XVIII, Law Students’ Society, University of Malta 2006, “Lawyer Client Interaction: What takes place and who’s in charge?” in Id-Dritt, Volume XIX, Law Students’ Society, University of Malta. |
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| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||
| STUDY-UNIT TYPE | Lecture and Seminar | ||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Reuben Balzan Austin Bencini Daniel John Bugeja Stefan Camilleri Anthony Cremona Ruth Farrugia Mary Muscat (Co-ord.) David E. Zammit |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years. |
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