Chamber of Advocates orders one-day boycott over alleged recording of lawyer-client conversations

The Chamber of Advocates has instructed all lawyers practising in Malta’s courts to refrain from providing legal services before courts, tribunals and boards on Monday, June 22, in protest at allegations that confidential conversations between lawyers and their clients at the Corradino Correctional Facility were being monitored and recorded.

In a directive issued on Wednesday, the Chamber said the action follows a judicial protest filed on June 15 concerning the surveillance, monitoring, interception and recording of privileged communications between lawyers and clients in prison.

The Chamber described the allegations as a serious undermining of the fundamental right to legal professional privilege, which safeguards confidential communications between lawyers and their clients.

Under the directive, lawyers have been ordered not to attend any court sittings, hearings or cases scheduled before any court, tribunal or board in Malta and Gozo on June 22. They have also been instructed not to file any non-urgent judicial acts, applications, notes or other submissions in court registries.

Lawyers have further been told to immediately inform their clients that any hearings scheduled for that day will not be attended by legal representatives because of the Chamber’s mandatory directive.

The Chamber, however, outlined a number of exceptions to ensure that fundamental rights are protected and that no person suffers irreparable legal prejudice.

These exemptions include urgent criminal arraignments involving arrested persons who must be brought before a magistrate within the time limits established by law, urgent bail requests, habeas corpus proceedings challenging the legality of an arrest or detention, and the filing of judicial acts or counter-protests where legal deadlines or prescription periods expire on June 22.

The Chamber also assured its members that if the judiciary were to take any action against lawyers complying with the directive, it would take all necessary steps to safeguard and defend them.

While expressing its willingness to engage in discussions with the relevant authorities, the Chamber said the directive will remain in force throughout June 22 unless it is formally withdrawn through another official notice published on its portal.

The action comes amid growing concern over reports that conversations between inmates and their legal representatives at Corradino Correctional Facility may have been recorded, raising questions about the protection of legal privilege and the right to a fair defence.

 

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