About hiring a lawyer in Malta
Hiring a lawyer in Malta is a pretty straightforward process. Lawyers in Malta are regulated by the Chamber of Advocates and they adhere to a strict code of ethics. To hire a lawyer, you first need to identify your legal need and then find a lawyer who specializes in that area.
Most Maltese lawyers offer a preliminary consultation, often for free or for a small fee, which you can use to discuss your legal matters and evaluate the lawyer’s skills and personality. Lawyers may then charge you on an hourly basis, a fixed fee for particular services, or a contingency fee based on the outcome of your legal matter.
Why You May Need a Lawyer
Individuals and businesses require legal representation in Malta for a plethora of reasons. These may include civil issues such as property disputes, divorce, inheritance matters, or commercial matters. In other cases, you might need a lawyer for criminal defense or initiating legal action against someone who has wronged you.
Businesses often opt for legal help for managing contracts, ensuring regulatory compliance, tax calculation, emitting bonds, setting up companies, mergers and acquisitions, financial services provision, employment issues, and much more.
Local Laws Overview
Malta operates a mixed legal system that has been influenced by Roman, Napoleonic, British law and more recently EU law. Maltese civil and commercial law is largely of a civil law nature, whereas criminal law and procedure are very similar to their UK equivalent. Maltese courts, however, make regular use of precedents, particularly in constitutional matters and in the area of human rights.
Business laws are particularly attractive for foreign investors as they provide favorable tax incentives. Malta also has specific laws for gaming companies and a comprehensive framework for financial and insurance services. Maltese law also provides strong protection for intellectual property, making it a good jurisdiction for copyright holders.
Frequently Asked Questions
1. Are Maltese lawyers regulated?
Yes, lawyers in Malta are regulated by the Chamber of Advocates which ensures they adhere to a strict code of ethics.
2. How much do lawyers charge in Malta?
Lawyers fees vary depending on the nature of the case and the lawyer’s experience. It is always advisable to discuss fees in advance before hiring a lawyer.
3. Can I represent myself in a Maltese court?
Yes, it is possible to represent yourself in a Maltese court. However, it is always advisable to seek legal representation for best results.
4. What if I cannot afford a lawyer?
In cases where a person cannot afford a lawyer, they may be eligible for Legal Aid. The Legal Aid agency can provide information and assistance in this regard.
5. Can overseas lawyers practice in Malta?
Lawyers from EU countries can practice in Malta after registering with the Chamber of Advocates. Non-EU lawyers can also practice provided they fulfil certain requirements.
6. Is the initial consultation free?
Some lawyers offer a free initial consultation while others charge a small fee. This is usually agreed upon prior to the meeting.
7. Are there any lawyers who specialize in specific legal areas?
Yes, many lawyers specialize in specific areas such as family law, commercial law, tax law, criminal law among others.
8. Can I change my lawyer during a case?
Yes, it's possible to change your lawyer during a case, but it's advisable to discuss this with your current lawyer first.
9. What happens if I lose my case?
If you lose your case, you may need to pay the other party's legal costs. In other situations, you may have to comply with the court’s order which may include paying damages or carrying out/all refraining from certain actions.
10. How are disputes resolved?
Disputes can be resolved in Maltese courts or through alternative dispute resolution methods such as mediation or arbitration.
Additional Resources
The Chamber of Advocates, the Justice Services and the Legal Aid Agency are all great resources for finding a lawyer and understanding the legal process in Malta. The Malta Financial Services Authority is also an excellent resource if you require information related to financial services laws and regulations.
Next Steps
If you need legal assistance in Malta, the first step is to identify your legal issue and then find a lawyer who specializes in dealing with such issues. For business-related issues, it's advisable to hire a law firm that specializes in commercial law. Once you have identified a potential lawyer or law firm, contact them to schedule a consultation and discuss your legal needs.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be
construed as legal advice. While we strive to present accurate and up-to-date information, we cannot
guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change
frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal
professionals for specific advice tailored to your situation.
We disclaim all liability for actions you take or fail to take based on any content on this page. If you
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