Enforcing professional legal ethics : a Maltese perspective

Abstract

Chapter one sets the scene for the topics tackled in this thesis, by introducing the subject of ethics and seeking to provide a definition of ‘ethics’, with particular focus on professional ethics. It also explores what is meant by professional legal ethics and what they consist of, as they will be discussed throughout the thesis. The concept of self-regulation is also dealt with: the different types of self-regulation are briefly explained, because self-regulation constitutes an essential factor within professional legal ethics. Chapter two explores the Maltese representative and regulatory bodies that are involved in the structuring of professional legal ethics. These are the Chamber of Advocates, the Chamber of Legal Procurators, the Notarial Council, and the Commission for Administration of Justice. Chapter three examines the Codes of Ethics and other laws which are underpinned by ethical principles that are set out for all three Maltese legal professions in order to determine what constitutes possible breach of ethics. The disciplinary processes set up to enforce the Codes of ethics are also examined in order to see how enforcement systems work. Chapter four provides a comparative analysis of systems set up to enforce ethics within the legal professions, as well as within the architect and accountancy professions. The comparison is used to highlight the similarities and differences in the enforcement of ethics within the professions which are similar to the legal ones. A comparative exercise between the legal professions themselves is also presented. Chapter five draws a conclusion on the research carried out in this thesis regarding the enforceability of professional legal ethics. The possible impact the Legal Profession and Ancillary Matters Regulation Bill, (Bill 123 of 2012) might have on ethics is considered. Some proposals are made in relation to what can be done to better promote professional legal ethics within the legal professions.