Issue link: https://maltatoday.uberflip.com/i/1471699
2 maltatoday | SUNDAY • 26 JUNE 2022 NEWS CONTINUED FROM PAGE 1 The impasse is holding back the warranting process for more than 100 lawyers and le- gal procurators, some of who approached this newspaper with concerns over the delay. The proposed test, seen by this newspaper, contains a sec- tion on health issues in which lawyers are expected to declare current and past physical or mental health problems span- ning a 10-year period. Another probing question is whether they have a drug, al- cohol or gambling addiction, or whether they had one in the previous 10 years, irrespective of whether they have recov- ered. Although the guidelines upon which the test is based say that applicants with mental, physi- cal or other health conditions or disabilities are encouraged to enter legal practice, they in- sist on full disclosure and urge applicants to seek "medical or psychological" help before seeking admission to the pro- fession. "Willingness to seek profes- sional help counts in one's fa- vour," the guidelines suggest. They also ask applicants who want to show that their condi- tion or disability is appropri- ately managed, to produce a medical certificate confirming this. Sources within the legal pro- fession told this newspaper some aspects of the question- naire are highly questionable: "Since when has an individual's personal health circumstances become a matter of relevance as to whether the individual should possess a warrant to practice law?" The test is over and above the written and oral exams that lawyers are required to under- take to obtain their warrant and was introduced last year after changes to the law. The test is based on guide- lines drafted by the commit- tee, which is chaired by former chief justice Silvio Camilleri and is composed of a repre- sentative of the Attorney Gen- eral, the State Advocate, the Chamber of Advocates or the Chamber of Legal Procurators, depending on whether the is- sue at hand concerns their re- spective profession, and a vet- eran civil servant appointed by the government. Ministry raised several concerns Justice Minister Jonathan At- tard confirmed with this news- paper that his ministry has raised several concerns about the guidelines but did not elab- orate. The committee was vested with the power to prepare and publish rules and guidelines for the 'fit and proper' test and these have to be approved by the minister. "These said rules and guide- lines were sent for my approval according to law. The Justice Ministry reviewed the guide- lines extensively and reverted them to the committee with amendments. Concerns were raised in regard to certain in- formation requested by the committee and the ministry is now waiting for the finalised rules and guidelines," Attard said. He said it was the ministry's intention to hold the warrants ceremony for lawyers and legal procurators who passed the bar exam, "as soon as possible". "As the minister responsible for justice, I believe that the profession should be strength- ened but not in a way that places labels or puts valid can- didates in a disadvantaged po- sition," Attard said. Disciplinary action, freemason- ry and criminal offences This is the first time the 'fit and proper' test is being used as an additional tool to assess a candidate's suitability for the legal profession. A section dealing with good character asks lawyers to de- clare whether they have "ever been subject to disciplinary ac- tion of any sort", including as a student. It also asks whether they are aware of any "current out- standing complaints or disci- plinary action" against them and whether they are involved "in any litigation". Some of the more pertinent questions ask whether the ap- plicant has ever been a member of a masonic lodge, is in arrears with any taxes, in default of family maintenance obliga- tions, unable to pay debts and has ever been found guilty of a criminal offence. "You should disclose any criminal charges or conviction – including spent convictions – for any offence whatsoever, even if the charge was subse- quently withdrawn or you were acquitted," the guidelines sug- gest. The committee says it may still consider the candidate suitable for admission to the profession after a period of six years after they would have re- ceived a caution, or a period of 11 years following a conviction. However, it adds that each case will be treated on its own mer- its. The guidelines also urge law- yers to make a full disclosure that is 'honest', 'candid' and 'frank'. ksansone@mediatoday.com.mt "Since when has an individual's personal health circumstances become a matter of relevance as to whether the individual should possess a warrant to practice law?" The test is based on guidelines drafted by the committee, which is chaired by former chief justice Silvio Camilleri and is composed of a representative of the Attorney General, the State Advocate, the Chamber of Advocates or the Chamber of Legal Procurators, depending on whether the issue at hand concerns their respective profession, and a veteran civil servant appointed by the government. Concerns were raised in regard to certain information requested by the committee and the ministry is now waiting for the finalised rules and guidelines, justice minister Jonathan Attard said Guidelines demand full disclosure on 'medical or psychological' conditions before admission to the bar "As the minister responsible for justice, I believe that the profession should be strengthened but not in a way that places labels or puts valid candidates in a disadvantaged position" Jonathan Attard