Those facing criminal charges who cannot afford a lawyer should be able to choose one paid by the State at pre-established rates, according to people in the profession.
Lawyers who spoke to Times of Malta agreed that a “major overhaul” of the legal aid system was “sorely needed” but the solution did not lie in expecting the legal profession to volunteer to do pro bono work.
If the State wants to provide a service it has to be ready to pay for it
A Government-commissioned review of the present legal aid system, which many believe is in shambles, has recommended enticing lawyers to volunteer some of their time to help those unable to afford legal representation.
For Chamber of Advocates president Reuben Balzan the crux of the matter is that it is the State’s obligation, not the profession’s, to provide a legal aid system.
The details of how much the State was willing to pay could be determined through discussions but the bottom line was that if the government wanted to provide a service it had to pay for it, he said when contacted.
“It is unfair to expect lawyers to provide a service for free when it is the State’s obligation to do so.”
He said lawyers already did pro bono work because there were many clients who could not afford fees but counsel still opted to appear for them and follow their case through.
“There are many lawyers who already do this but they don’t go boasting about it. It’s widespread.”
Criminal lawyers Joe Giglio, Stefano Filletti and Veronique Dalli agree that those who could not afford legal representation should be given the option to choose a lawyer of their choice who is then paid by the State.
Dr Dalli believes the issue of trust was cardinal for a proper lawyer-client relationship.
“It is true that beggars cannot be choosers but, at the same time, you cannot impose lawyer X on someone when he does not have full trust in him/her. It’s a person’s freedom that we’re talking about here. The issue of trust is very important,” she said.
Dr Filletti said the concept of pro bono work was not new and had already been shot down in the past because it could not be determined who would have to do it. Would it be limited to those lawyers who worked in court or would all lawyers in possession of a warrant be expected to participate, he asked.
Dr Filletti said a proper means test ought to be introduced to determine who was entitled to free legal representation.
The legal aid system in place has been criticised for many years, primarily because of the lack of resources and the small team of people who were ready to receive €2,300 a year to follow cases which, in some instances, could mean spending a lot of time away from their private practice.
There are 13 lawyers providing legal aid.