The Chamber of Advocates will be waiting for the conclusion of an investigation by the Committee for Advocates and Legal Procurators of the Commission for the Administration of Justice before pronouncing itself on an alleged breach of ethics by a lawyer.
In a statement, the Chamber of Advocates noted that there is significant speculation in the media, including social media, following a decree by the Court, dated 2October, in connection with an alleged breach of the code of ethics by Jean Philippe Chetcuti and Chetcuti Cauchi Advocates, as well as the fact that the Court brought the matter to the attention of the Chamber of Advocates.
The chamber said that the fact that an advocate is a director on one or more companies is not of itself a breach of the code of ethics. Indeed, the rule pointed out by the Court itself in its decree does not say that. That rule in effect prohibits advocates from providing the listed services as a form of business or commercial enterprise. This is a rule that re-affirms the principle that the practice of law cannot be conducted as a business, where profit is the main driver, but has to be conducted as a profession, where profit is subservient to ethical conduct.
There are indeed several advocates who occupy the post of director of one or more companies and they do so lawfully and in line with the dictates of the code of ethics. Accordingly, there is, and can be, no penalty contemplated for advocates acting as directors of companies, since it does not constitute a breach of the code. What advocates should absolutely avoid is to undertake any of the services listed in that specific rule in the code through a commercial venture, whether alone or with others, the chamber said.
The chamber added that it has already had occasion to point out that it has been, and will continue, to follow developments on the matter of Jean Philippe Chetcuti and Chetcuti Cauchi Advocates. The Chamber has referred the matter to the Committee for Advocates and Legal Procurators of the Commission for the Administration of Justice, as the competent organ at law having the necessary powers to investigate alleged breaches of the code of conduct. That reference includes, but is not limited to, conducting an investigation into the matters referred to the Chamber by the Court.
In these circumstances, whilst the Chamber is entitled to conduct its own investigation with a view to suspending or terminating an advocate’s membership of the Chamber, it feels that it would be prudent and proper in the circumstances where it has itself requested the Committee to investigate the matter, to await the conclusion of the investigation by the Committee before taking a firm view on the matter.
