The Chamber of Advocates will soon be setting out how much lawyers should charge clients for divorce cases.

Our guidelines do not yet include divorce as this is a relatively new law and we need to update the fees list

In the absence of a specific guideline, it is currently recommending that they should charge the same fees as they do for separations.

According to the Chamber’s guidelines issued in 2008, lawyers should charge €580 for separation cases of married persons, irrespective of the number of declarations involved, and €930 in connection with consensual separation.

Although the guidelines are not set in stone and lawyers can charge more or less if they agree beforehand with the parties involved, overcharged clients can complain to the Chamber or to the Commissioner for the Administration of Justice to force lawyers to lower the charge.

A few weeks ago it was revealed that the former head of the pro-divorce movement, Deborah Schembri, was charging €1,300 for her services in divorce cases. She, however, defended her fees, stating that there are no guidelines when it comes to divorce and that the fees also included court and other administrative charges.

According to information published by the Justice Ministry, Dr Schembri, now a Labour election candidate, filed the lion’s share of the 615 divorce cases presented to the family court in the past nine months.

Asked whether Dr Schembri’s fees were in line with the Chamber’s guidelines, a spokesman for the Chamber of Advocates admitted that no guidelines exist.

“Our guidelines do not yet include divorce as this is a relatively new law and we need to update the fees list.

“However, there are guidelines for separation cases which we think should also be followed for divorce.”

Asked whether any complaints were filed to the Chamber over Dr Schembri’s “excessive” fees accusation, the spokesman declined to answer.

According to the Code of Organisation and Civil Procedure, clients who feel cheated by lawyers through excessive fees can lodge a complaint within 30 days from receipt of the bill.

If the fees are determined by the Chamber to be excessive, particularly when compared to its guidelines, it may recommend action by the Commission.

The law specifies that the Commission can order lawyers to lower their fees. In extreme cases, the Commission can also censure lawyers or remove their warrant.

A Chamber spokesman said the lawyer’s lobby received complaints regularly and in some cases lawyers were asked to revise their bills.