Lawyers resist idea of special warrant for Family Court work

Lawyers working in the Family Court may need more training but no special warrant to practise should be necessary, the Chamber of Advocates say.

Reacting to a proposal made last week by Chief Justice Vincent De Gaetano, Chamber president Andrew Borg Cardona said that if such "sectoral licences" were introduced, lawyers would be limited.

"A lawyer is a lawyer. If we start differentiating, we will have warrants for all areas of the law. We believe in training and specialisation but it is the market that should regulate who does what," he said.

The Chief Justice proposed that lawyers working in the Family Court should have a special warrant to ensure they were trained in mediation and could deal sensitively with cases such as separations and annulments, especially those involving children.

He said that, when such cases went to court, some lawyers made the situations worse by using "inflammatory language" or referring to the opposing party in uncomplimentary terms.

The Chamber of Advocates said it welcomed ongoing training and strengthening the process of mediation. It also conceded that within the profession there were individuals who did not achieve the high standards expected of them, as happened in all walks of life.

"However, as a matter of principle, the Chamber would resist the introduction of sectoral licences to practise by whatever name they are called."

Meanwhile, the Justice Minister said yesterday he agreed with the Chief Justice's comments on the need to re-examine the strengths and weaknesses of Malta's laws regarding marriage. Once proposals were made, they would be submitted for public consultation.

Speaking during the conference on the theme Empowering Families As Sustainable Partners In Social Policy, Carm Mifsud Bonnici underlined the need for the state to continue to support families in difficulty.

He referred to the introduction, six years ago, of mediation services for those who filed for separation and said that 91 per cent of couples who filed for separation had made use of the service.

Mediation helped 53 per cent of couples find an amicable solution to their problems and 11 per cent withdrew their application after participating in the mediation process.

Other states, he said, had reacted to marriage problems by introducing fast divorce proceedings where the dissolution was carried out administratively with no questions asked or any attempts at aiding the couples.