Peter Fenech urges reforms in judiciary and legal system

As the new forensic year begins, Peter Fenech, President of the Chamber of Advocates, has issued a compelling call for substantial reforms affecting both the judiciary and the legal profession in Malta. His address highlighted persistent structural challenges, systemic inefficiencies, and regulatory gaps that have long hindered lawyers and courts alike. Fenech’s speech emphasized the need for coordinated action, transparency, and modernization to enhance both legal practice and judicial administration.

Challenges facing lawyers and the judiciary

Fenech began by acknowledging the longstanding obstacles that legal practitioners and the judiciary face in the execution of their professional duties. According to him, several initiatives designed to modernize the legal system, including the Justice 2030 proposals announced two years ago, remain unimplemented. “We need enhanced dialogue to identify pressing needs and ensure timely action,” he stressed, emphasizing that piecemeal approaches and delays continue to undermine the effectiveness of Malta’s legal system.

A particularly pressing concern is the fragmented nature of court facilities in Valletta. Over the past three decades, efforts to expand court premises by integrating adjacent buildings have repeatedly stalled. Fenech noted, “In the last 30 years, we lost one opportunity after another to expand the courts’ premises through adjacent buildings.” This fragmentation, he explained, creates practical challenges for lawyers who must navigate multiple locations, likening their daily movements to the work of “road runners” merely to serve their clients effectively.

Inconsistent court schedules and delays

Another challenge highlighted by Fenech is the lack of consistency in court schedules. While some courts adhere strictly to timetables, others reportedly begin sessions more than an hour late, without issuing apologies or explanations. Such irregularities disrupt lawyers’ schedules and create conflicts with other professional obligations. Fenech called for immediate dialogue to standardize court operations and minimize inefficiencies, stressing that predictable timetables are crucial for the smooth functioning of legal practice.

Absence of legal regulation and outdated tariffs

Turning to the regulation of the legal profession itself, Fenech raised serious concerns about the absence of formal legislation governing lawyers in Malta. He described this as a unique gap with the potential to foster unethical practices. “This leads to abuse,” he said, underscoring the need for a regulatory framework that clearly defines professional responsibilities, disciplinary measures, and standards of conduct.

In addition, Fenech criticized the outdated system of professional tariffs, which has remained largely unchanged for three decades. He argued that static tariffs not only diminish the profession’s standing but also contribute to court delays and fuel complaints from clients. “This is a big problem, and I hope that in the coming year it is addressed to be more realistic and transparent… to become more just for both lawyers and the clients they represent,” Fenech remarked, urging authorities to modernize tariffs in line with contemporary legal practice and economic realities.

Concerns about legal education

Fenech also highlighted systemic issues within legal education, emphasizing the need to uphold high standards at universities. According to him, law courses in Malta often attract students who do not meet entry requirements for other disciplines, leading to situations where students may spend a year enrolled without attending classes. “We have ended up in a situation where those who do not meet the grades in other courses enrol for the law course. Students spend a year without even attending classes, and nobody notices,” he warned. Fenech suggested that improving academic standards and monitoring student progress are essential for maintaining the quality and credibility of Malta’s legal profession.

The role of technology and artificial intelligence

Acknowledging the transformative potential of technology, Fenech discussed the role of artificial intelligence (AI) in legal practice. He recognized that AI could enhance efficiency, research, and procedural accuracy but stressed the critical importance of regulation. Without oversight, he warned, AI could evolve into a “dangerous tool” with the potential to undermine both professional standards and client trust. Fenech called for the appointment of a dedicated regulator to oversee AI applications in law, ensuring ethical compliance, proper training, and safeguards against misuse.

He emphasized that the integration of technology should not replace fundamental professional responsibility or compromise the human element that remains central to legal practice. According to Fenech, striking a balance between technological advancement and professional accountability is essential for the sustainable evolution of the legal sector.

Upholding professional reputation

Fenech concluded his address by reminding lawyers of their personal responsibility to uphold the integrity and reputation of the profession. He stressed that professional credibility is a product of consistent conduct, ethical standards, and respect for clients. “I do not wish to criticise anyone in particular, but I must remind you that only you can build your reputation, and only you can break it… Never forget the respect due to those who turn to you,” he stated. This remark reinforced the broader theme of the address: that systemic reforms must be accompanied by individual commitment to ethical practice and professional excellence.

The broader implications of reforms

The issues highlighted by Fenech extend beyond immediate logistical concerns. Fragmented court facilities, inconsistent schedules, outdated tariffs, and regulatory gaps collectively impact the efficiency of the judicial system, the quality of legal services, and public confidence in the legal profession. Addressing these challenges requires coordinated action among lawmakers, regulators, and legal practitioners. It also involves a cultural shift that prioritizes accountability, transparency, and ongoing professional development.

Reforms in legal education, in particular, carry long-term implications for the profession. By ensuring that only qualified, committed students enter the field, Malta can enhance the overall quality of legal services, reduce delays caused by underprepared practitioners, and strengthen public trust in the justice system.

Similarly, the responsible integration of technology could provide significant benefits. AI has the potential to streamline case management, enhance research capabilities, and improve access to justice. However, without proper regulatory oversight, it could also exacerbate inequalities, compromise confidentiality, or erode professional judgment. Fenech’s call for a dedicated AI regulator reflects a cautious but forward-looking approach to technological innovation in law.

Next steps for the Chamber of Advocates and authorities

The address by Fenech signals a critical moment for Malta’s legal sector. As the Chamber of Advocates begins discussions for the new forensic year, it is likely to prioritize several key initiatives:

• Proposals for modernizing court facilities and consolidating fragmented locations
• Standardization of court schedules and operational procedures
• Introduction of legislation regulating lawyers and professional conduct
• Revision of professional tariffs to reflect contemporary practice
• Reform of legal education standards and monitoring mechanisms
• Oversight and regulation of AI and emerging technologies in legal practice

These measures, if implemented effectively, could enhance both the efficiency and credibility of Malta’s judicial system while reducing barriers for lawyers and clients alike.

Conclusion

Peter Fenech’s address underscores the pressing need for systemic reform in Malta’s legal sector. By highlighting structural inefficiencies, outdated regulatory frameworks, and emerging technological challenges, Fenech has provided a roadmap for meaningful change. His call for dialogue, accountability, and modernization resonates with both legal practitioners and the public, emphasizing that the strength of the judiciary depends not only on institutional reform but also on the ethical commitment of individual lawyers.

As the new forensic year unfolds, Malta’s legal community faces an opportunity to implement these reforms and set a precedent for a more efficient, transparent, and credible justice system. The collaboration between legal practitioners, regulators, and policymakers will be essential in translating Fenech’s vision into tangible improvements that serve both the profession and the public interest.

FAQs

What reforms has Peter Fenech proposed for the judiciary?
He has called for modernization of court facilities, standardized schedules, and improved efficiency to reduce delays and enhance access to justice.

Why are Malta’s court facilities considered problematic?
They are fragmented across multiple buildings in Valletta, forcing lawyers to move between locations and hindering workflow efficiency.

What is the Justice 2030 initiative?
It is a set of proposals announced two years ago aimed at modernizing Malta’s legal system, many of which remain unimplemented.

Why is there a concern about outdated professional tariffs?
Tariffs have remained largely unchanged for 30 years, contributing to delays, complaints, and diminished professional standards.

How does legal education impact the profession?
Low entry standards and lack of monitoring can lead to underprepared lawyers, affecting overall quality and credibility of legal services.

What role does AI play in the legal profession according to Fenech?
AI can enhance efficiency and research, but without proper regulation, it could become a dangerous tool undermining ethics and client trust.

Has legislation been introduced to regulate lawyers in Malta?
No, Fenech highlighted that Malta lacks specific legislation governing legal practitioners, which he sees as a gap prone to abuse.

What personal responsibility do lawyers have in Malta?
Lawyers are responsible for maintaining their professional reputation and ethical conduct, which directly affects public trust.

How can court schedule inconsistencies be addressed?
Fenech called for immediate discussions to standardize start times and ensure predictable operations across all courts.

Why is technological oversight important in law?
Proper regulation ensures that AI and other technologies enhance the legal system without compromising ethical standards or professional accountability.