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Karm Farrugia has a bee in his bonnet about the law courts and the legal profession. Ever so often his garrulous columns are interspersed with critiques at the manner in which they function. There would be nothing wrong in this if his criticism was based on facts and some amount of research. Instead he makes cheap capital and column inches by riding along on generalities and clichéd stereotypes.
Last Sunday’s article in MaltaToday “User-Friendliness at the Courts”, is a case in point. Mr Farrugia mentioned his long-time friend – a German national and a lover of all things Maltese except the law courts (despite not even being involved in litigation in Malta). Mr Farrugia takes this as his cue to criticise all lawyers and in an absurdly illogical manner to propose doing away with legal procurators whom he considers to be superfluous. According to him they only serve to pile up costs for parties. In his opinion, parties may be adequately served by a lawyer’s clerk or by filing written pleadings themselves.
This advice reveals a lack of appreciation of the role of the legal procurator. Amongst other things, legal procurators appear in their own right before the courts of inferior jurisdiction and before the Family Court. They also assist lawyers in their role and to file written pleadings. This does not merely consist in a dashing of a signature on documents prepared by lawyers. It also consists in follow-up work which is no mean task in the bureaucratic labyrinth of the courts, and which is beyond parties who are pressed for time. Legal procurators ensure that litigants are notified. This is a nightmarish process which involves several steps. They are also involved in the drafting of warrants which are essential to the enforcement process. A legal procurator will also be able to identify procedural omissions on written pleadings which would render them null if filed. Again this is beyond the remit of the average citizen and clerks. Legal procurators are fixed point of reference for the parties who come to court to confirm their written pleadings on oath, a necessary function, since lawyers are occupied in the various halls. The importance of their role is evidenced by all government departments, banks and other major institutions which have found it necessary to engage an in-house legal procurator.
Legal procurators are not middlemen as Karm Farrugia with his bizarre souk mentality, makes out. They have a professional degree, legal training and are members of a long established legal profession. The level of education of the parties they serve is a totally irrelevant consideration. A citizen may have a degree in science, architecture or even in economics, yet he would be presumptuous to think that he understands al the complexities of legal procedure and that he knows all about the way the courts function.
Karm Farrugia shows us the truth of the adage that “a little knowledge is a dangerous thing”. With the know-all arrogance of an expert arriviste he wants to wipe out a profession with the stroke of a pen. It is suggested that he reserves his ramblings to subjects with which he is more familiar and to leave off writing when he is devoid of inspiration.
Edgar Montanaro
President Legal Prosecuters
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