CVL1022 James Camilleri 281476M Page 1 of 17 Select any one of the chapters 5 – 9 of Dr Zammit's PhD thesis and write a critique/assessment of that chapter. In your answer address the following issues: (a) to what extent does this chapter reflect an outdated scenario? Does it reflect today's situation? (b) How internally consistent is the analysis in this chapter? Does it provide you with evidence and does it persuade you as an argument? What are the problems with the argument made from a substantive point of view? (c) In relation to other studies which have been carried out and you have been exposed to analyse the research methods employed in this chapter.
Transcript
CVL1022 James Camilleri 281476M
Page 1 of 17
Select any one of the chapters 5 – 9 of Dr Zammit's PhD thesis and write a critique/assessment of that
chapter. In your answer address the following issues: (a) to what extent does this chapter reflect an
outdated scenario? Does it reflect today's situation? (b) How internally consistent is the analysis in this
chapter? Does it provide you with evidence and does it persuade you as an argument? What are the
problems with the argument made from a substantive point of view? (c) In relation to other studies which
have been carried out and you have been exposed to analyse the research methods employed in this
chapter.
CVL1022 James Camilleri 281476M
Page 2 of 17
In this assignment I will be looking at chapter 6 entitled 'Professionals or Patrons?' of Dr Zammit's PhD
thesis. The thesis titled 'Laws and stories: an ethnographic study of Maltese legal representation' examines
the Maltese legal system from a social point of view, i.e. focusing on the human element of the complex
clockwork of legal representation in the Maltese Islands. The thesis was printed in 1998 and considering a
thesis is not written within one day but entails a few years of research I will assume Dr Zammit is
observing the Maltese legal system from the 1995 – 1997 time-frames. Chapter 6 addresses the role of the
lawyer vis-a-vis the courts on one side and the public1 on the other. Therefore, the lawyer is seen as the
fulcrum of the legal system and his2 behaviour is analysed in relation to the two balancing forces
indicated.
First of all I will discuss the time-frame Dr Zammit's thesis transports us to which as mentioned
above is the 1995 – 1997 time-frame. To this day the stereotyped conception of the lawyer in Malta is
considered to be a glamorous figure. The stereotype lawyer is the one seen walking in Valletta, the capital
city of Malta where the Law Courts are situated, wearing a dark suit and tie. Having to defend his
arguments in front of a judge3 and possibly a jury, he is expected to be well-versed, i.e. he can
communicate his ideas clearly, eloquently, with force and conviction. This leads to the notion of rhetoric
which I find is missing in Dr Zammit's analyses.4 The word 'rhetoric' is not often used in Maltese
discourse except in the phrase 'a rhetorical question.' The word is much more often used in Italian
discourse and in most cases has negative connotations. 'Questa non è retorica' or 'this is not rhetoric' a
guest-speaker on one of the many Italian talk-shows will say with a sense of disdain, indicating that either
he is not a politician5 or if he is that he is trying to distance himself from other (corrupt) politicians – what
he is saying is the plain truth and does not require persuasion. 'Questa non è retorica; questa è la verità!'6
However, rhetoric need not necessarily be a bad thing – in fact, everybody uses it is their daily
lives. Even the Italian guest-speaker on TV stating 'this is not rhetoric' in order to give conviction to his
argument is using some form of rhetoric.7 But there is no need to go so far as a TV talk-show. Think of
1 Referred to as clients/customers from the lawyers perspective. 2 Unless otherwise stated I will use the male gender to refer to both male and female genders. 3 Or a magistrate in the lower courts. 4 He does refer to it indirectly. 5 The phrase is more often used by a lay-person. 6 'This is not rhetoric; this is the truth!’ 7 A self-contradiction.
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the football fanatic whose favourite team has lost an important match over the weekend. When he turns
up for work the following Monday his work colleagues will be more than prompt to bring to his attention
the result of the match in question. Our football fan will, if he is a true fan, bring arguments as to why the
match turned out the way it did, such as the referee was bribed, the coach put forward the wrong team
formation, a particular team player could not be on the pitch because he was injured/banned8 and so on.
He will, therefore, try to persuade his colleagues the result was not a reflection of the team per se but is
due to a fault of the referee, coach, etc. An even simpler example is somebody who has recently dined at a
particular restaurant and tries to persuade her friend the restaurant offers a good service, food, etc. A
person, who is persuasive and therefore uses rhetoric, is viewed favourably as someone who can speak his
mind and on the whole is in control of his life. It is part-and-parcel of a practising lawyer's profession to
be persuasive both in court to convince the judge of his arguments and in his office with clients to
convince them of the best course of action to face the trial. Consequently, the lawyer is pictured as being
in control of the situation. I have talked about the art of persuasion called rhetoric because as already
mentioned I find it is a lacuna in Dr Zammit's analyses. It is only when one appreciates the power of
rhetoric and how important it is on a daily basis in the life of a practising lawyer that one can come to
understand why the patronage dilemma, pointed out by Dr Zammit, comes to be.
In examining the situation of practising lawyers in the 1995 – 1997 time-frames the main
attention was focused on the sole practitioner. However, as Dr Zammit rightly pointed out the sole
practising lawyer is in a downward trend with respect to the rising curve of the preponderance of lawyers
working in law firms. In this context the situation present in Dr Zammit's analyses is certainly outdated
when compared to the situation present today in the 2013 time-frame. Of the 870 lawyers officially
registered with the Chamber of Advocates Malta, 363 lawyers are declared to be partners or employed
with a law firm, such as Ganado and Associates, Fenech and Fenech Advocates and Mamo TCV
Advocates, as opposed to 14 lawyers who declare to be sole practitioners. The remaining lawyers are
either employed by other entities both in the private and public sector, such as the Malta Financial
Services Authority, Bank of Valletta, Vodafone Malta, Office of the Attorney General, Office of the
Ombudsman and the University Faculty of Laws, or have not specified their current employment, see
Table 1 and Chart 1:
8 A player given two yellow cards in two separate matches cannot play the subsequent match.
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Sole Practitioner
14
Table 1 (above): Distribution of Lawyers' Declared Employment.
Chart 1 (above): Percentage Distribution of Lawyers' Declared Employment.
Clearly, there is an overwhelming dominance of lawyers declaring to work in law firms when compared
to those declaring to be sole practitioners. Although 373 members of the Chamber of Advocates Malta
have not specified their method of employment it is unlikely that
the opportunity of advertising his firm on the Chamber of Advocates Malta website.
9Avukati.org (2014) Chamber of Advocates :: Lawyer Search10 Ibid. 11 Unlikely, but not impossible since established sole practising lawyers rely mostly on social networking and wordclients.
James Camilleri
Law Firm Private / Public Sector
363 120
Table 1 (above): Distribution of Lawyers' Declared Employment.9
: Percentage Distribution of Lawyers' Declared Employment.10
there is an overwhelming dominance of lawyers declaring to work in law firms when compared
to those declaring to be sole practitioners. Although 373 members of the Chamber of Advocates Malta
have not specified their method of employment it is unlikely that a sole practising
the opportunity of advertising his firm on the Chamber of Advocates Malta website.
Chamber of Advocates :: Lawyer Search, <http://www.avukati.org/lawyer_search.aspx> (4 January 2014).
Unlikely, but not impossible since established sole practising lawyers rely mostly on social networking and word
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Not Specified
373
there is an overwhelming dominance of lawyers declaring to work in law firms when compared
to those declaring to be sole practitioners. Although 373 members of the Chamber of Advocates Malta
a sole practising lawyer would not take
the opportunity of advertising his firm on the Chamber of Advocates Malta website.11
, <http://www.avukati.org/lawyer_search.aspx> (4 January 2014).
Unlikely, but not impossible since established sole practising lawyers rely mostly on social networking and word-of-mouth for attracting new
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Why has the trend of lawyers to seek employment in law firms, predicted by Dr Zammit in his
thesis, developed? The reasons are multiple. First of all, I will discuss the population explosion12 which is
effecting people in all walks of life and changing every aspect of our daily needs, more so in a small
country like Malta. Looking back several decades each village or town in Malta had a medical doctor and
a lawyer. At the time there was no Internet and the village doctor was the main source of information for
medical issues and the lawyer the main source of information for legal matters. The village people were
mostly farmers or traders who could hardly read and write let alone understand the intricacies of legal
affairs. The lawyer was on a pedestal held in esteem by all the other villagers. He was the personification
of law itself and his opinion on anything legal was considered sacrosanct. This legacy continued over the
years despite the number of lawyers exponentially increasing and to a certain extent is still present to this
very day. Successful lawyers, such as Dr Giannella de Marco, see Figure 1, are still highly sought after
and can command exorbitant fees for their services. Since the turn of the millennium, new law graduates
do not feel they can compete with established lawyers. Dr Zammit mentions13 how '[i]t is the practice for
[a young lawyer] to sit and wait in the empty office until the first clients appear.' That is not an acceptable
approach in today's competitive world and a budding lawyer with that sort of attitude is unlikely to be
able to cover the rent of his office let alone make a living.
The second reason that has contributed to the phenomenon of lawyers gravitating towards law
firms is the evolution of law itself which since the end of the last millennium has become so frighteningly
complex that lawyers are 'scared' to face it all alone - hence, the tendency of graduates to specialize. This
gives them the opportunity of becoming experts in their own field in turn giving them the confidence to
talk authoritatively in their own line of expertise. By gathering into law firms a lawyer specialized in, say,
Intellectual Property can give advice on that particular subject. If the same client also has an issue
concerning, say, litigation, the lawyer in question may either consult his colleague(s) more specialized in
that particular field before dispensing any advice to his client or, if he feels it is more appropriate, refer
the client to one of his more specialized colleagues on litigation. This has the advantage of being able to
cater for the various branches of law that may affect a client while at the same time avoid the
embarrassment of a single lawyer being caught unawares on a certain statutory act or convention. Since
the time frame of Dr Zammit's thesis other factors have changed, such as globalization, the Information
12 The global population has increased from 6 billion in 1999 to 7 billion in 2011, source Wikipedia (2014) Population growth, <http://en.wikipedia.org/wiki/Population_growth> (4 January 2014). 13 Page 145 of his PhD thesis.
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Figure 1: (From left to right) Prof. de Marco and Mrs de Marco, Mr and Mrs Di Capua, Dr Giannella de Marco (at the time Caruana Curran) and George Hyzler. Photo: Vincent Fenech.
Revolution and, in the case of Malta, accession to the European Union. Howe
the chapter of Dr Zammit's thesis I am assessing 'Professionals or Patrons?' still remains a very pertinent
one.
Above, I have described how the dynamics of civilization have caused the lawyer to adapt to new
challenges; this does not mean the basic role of the practising lawyer has changed in any fundamental
way. Same as the role of the wheel has remained that of motion whether attached to the axle of a cart or
the axle of a sports car, see Figure
from the days of the great Roman orator Cicero to the pre
atmosphere of a law firm where the concept of professionalism will be commended as part of the mission
statement of the firm and a client may be referred to more than one lawyer depending on the nature of the
advice sought and the availability of the lawyer, it is common for a client to ask to be referred to a
particular lawyer whom he may already know
patronage. I do not understand exactly why Dr Zammit seems to be surprised the lawyers he is observing
strive to maintain a professional distance from their clients when this is a common attitude
14 Times of Malta (2014) SMOM annual receptionreception.218422#.UsnIZIZBlnA> (5 January 2014).
James Camilleri
Figure 1: (From left to right) Prof. de Marco and Mrs de Marco, Mr and Mrs Di Capua, Dr Giannella de Marco (at the time Caruana Curran) and George Hyzler. Photo: Vincent Fenech.14
Malta, accession to the European Union. However, the question posed by
the chapter of Dr Zammit's thesis I am assessing 'Professionals or Patrons?' still remains a very pertinent
I have described how the dynamics of civilization have caused the lawyer to adapt to new
es not mean the basic role of the practising lawyer has changed in any fundamental
way. Same as the role of the wheel has remained that of motion whether attached to the axle of a cart or
a sports car, see Figure 2, so has the role of the lawyer remained that of interpreter of the law
from the days of the great Roman orator Cicero to the present lawyers, see Figure 3
firm where the concept of professionalism will be commended as part of the mission
he firm and a client may be referred to more than one lawyer depending on the nature of the
advice sought and the availability of the lawyer, it is common for a client to ask to be referred to a
particular lawyer whom he may already know – i.e. with whom he is trying to build a relationship of
patronage. I do not understand exactly why Dr Zammit seems to be surprised the lawyers he is observing
strive to maintain a professional distance from their clients when this is a common attitude
SMOM annual reception, <http://www.timesofmalta.com/articles/view/20080727/social/smomreception.218422#.UsnIZIZBlnA> (5 January 2014).
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Figure 1: (From left to right) Prof. de Marco and Mrs de Marco, Mr and Mrs Di Capua, Dr Giannella de 14
ver, the question posed by
the chapter of Dr Zammit's thesis I am assessing 'Professionals or Patrons?' still remains a very pertinent
I have described how the dynamics of civilization have caused the lawyer to adapt to new
es not mean the basic role of the practising lawyer has changed in any fundamental
way. Same as the role of the wheel has remained that of motion whether attached to the axle of a cart or
r remained that of interpreter of the law
sent lawyers, see Figure 3. Even in the
firm where the concept of professionalism will be commended as part of the mission
he firm and a client may be referred to more than one lawyer depending on the nature of the
advice sought and the availability of the lawyer, it is common for a client to ask to be referred to a
e is trying to build a relationship of
patronage. I do not understand exactly why Dr Zammit seems to be surprised the lawyers he is observing
strive to maintain a professional distance from their clients when this is a common attitude amongst
Figure 2: (a) Wheels for the purpose of motion on a bullock cart15 and (b) on a Ferrari.16
15 Wikipedia (2014) Bullock cart in Tamil Nadu.jpg, <http://en.wikipedia.org/wiki/File:Bullock_cart_in_Tamil_Nadu.jpg> (9 January 2014). 16 Picturesofcarshd.blogspot.com (2014) sports cars images | Pictures Of Cars Hd, <http://picturesofcarshd.blogspot.com/2013/11/sports-cars-
images.html> (9 January 2014).
(a)
(b)
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Figure 3: (a) Marcus Tullius Cicero (106 BC
17 Blog.iese.edu (2012) Cicero: A successful use Ethos and Pathos | Rhetoric and Leadership: Soft Power
<http://blog.iese.edu/leggett/2012/10/03/cicero18 Dreamstime (2014) Lawyer on phone with laptop
image12911735> (9 January 2014).
James Camilleri
) Marcus Tullius Cicero (106 BC – 43 BC)17 and (b) The modern lawyer.
Cicero: A successful use Ethos and Pathos | Rhetoric and Leadership: Soft Power,
http://blog.iese.edu/leggett/2012/10/03/cicero-a-successful-use-ethos-and-pathos/> (9 January 2014).
Lawyer on phone with laptop, <http://www.dreamstime.com/royalty-free-stock-photo-lawyer
(a)
(b)
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) The modern lawyer.18
lawyer-phone-laptop-
CVL1022 James Camilleri 281476M
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professionals from all walks of life. Each profession may have different reasons for maintaining a
distance with respect to customers. For example, a teacher may have reasons for maintaining a
professional distance from students, which are different to a doctor’s from his patients but ultimately the
effect is the same. The only explanation I can find is that as a budding young graduate, Dr Zammit is
putting the lawyer on a pedestal, a legacy, as mentioned above, reminiscent of the villagers’ attitude
towards the village lawyer. This is the myth of the lawyer.
Edelman19 refers to Malinowski's20 description of myth which he says is used 'to account for
extraordinary privileges or duties.' Today's successful lawyer, like the village lawyer and the Roman
orator before him, certainly enjoys 'extraordinary privileges or duties', but what causes the creation of this
myth which in turn gives rise to the concept of patronage indicated by Dr Zammit? As pointed out above,
the art of the successful practising lawyer is that of rhetoric.21 Aristotle defines rhetoric 'as the faculty of
observing in any given case the available means of persuasion.'22 It is this 'faculty', as Aristotle refers to it,
that is mostly sought after and which will gravitate clients of the practising lawyer to seek patronage. I
agree with Dr Zammit's categorization of the practising lawyer's clients, viz. i) uneducated, ii) educated
and iii) business clients. Although the three categories of clients have a common goal, i.e. win their case,
they should be treated separately. Though each category of client has a common motive for expecting
patronage from his lawyer, their attitude and mode of expression is different. Atkinson explains how few
people gather the 'technical skills [to] compos[e] or deliver'23 a persuasive argument. It is the lack of these
'technical skills' which compel the client to seek patronage from his lawyer. The stereotype lawyer is
pictured as a master of rhetoric and uses it not only to win court cases but, first and foremost, to his own
advantage – hence, the populist hunch that the lawyer is ultimately a scoundrel. Burke explains this aptly:
Rhetoric is concerned with the state of Babel after the Fall. Its contribution to a
‘sociology of knowledge’ must often carry us far into the lugubrious regions of malice
and the lie.24
19 Edelman, J.M. (1985) The Symbolic Uses of Politics, p 18. 20 Malinowski, B. (1948) Magic, Science, and Religion and Other Essays, p 93. 21 It is more so the art of the successful politician which is one of the reasons why many lawyers choose to cross the divide from lawyer to
politician. 22 Aristotle. (350BC) Rhetoric, p 8. 23 Atkinson, M. (1984) Our Masters' Voices: The Language and Body Language of Politics, p 1. 24 Burke, K. (1962) A Rhetoric of Motives, p 23
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This 'hunch' is clearly acknowledged by Dr Zammit's analyses – he quotes the comments of the father of a
client of Dr Camilleri: 'listen to the lawyer, because he will take proper care of your case in order to make
more money' (emphasis of Dr Zammit).25 The populist hunch, as I have called it, of the tongue-twisting
lawyer is so ingrained in Maltese culture that it was virtually impossible for Dr Zammit not to mention it
at some point in his thesis. A common expression in local discourse makes reference to this attribute:
'qiesu avukat, kemm jaf ippoġih il-kliem'.26 This phrase is so often used in informal discourse that it has
its variant in case the person actually is a lawyer: 'dak avukat, jaf ippoġh il-kliem'.27
Consequently, the myth or fiction that the lawyer can use his, by definition, tongue-twisting
rhetoric to paint what is black white and what is white black is one of the main reasons why certain clients
yearn to be patronized by their lawyer. The character of the lawyer from Lecco, in Manzoni's historical
novel, known solely by his nickname 'Azzeccagarbugli',28 evokes the idea of someone who can unravel an
intricate cobble, then sew it back into a pattern that will please the court and ideally win the case, see
Figure 4. Together with the labyrinth of articles and provisions that is the legal system, the sombre
corridors and halls of the courts and the temper of certain judges, a client may be tempted to phantom
their lawyer as the reincarnation of the Roman poet Virgil in Dante's epic poem the 'Divine Comedy'29
who guides Dante through Hell and Purgatory, see Figure 5. This line of thought is largely fallacious on
several counts. The lawyer when faced with a client having unrealistic expectations will hide behind a
professional mask and try discreetly to induce the client to understand his expectations are not pertinent to
the reality at hand. The lawyer will, therefore, use the body language and symbols spelled out by Dr
Zammit, to try to coerce the client in a behaviour and especially mentality inconformity with what the
lawyer can and is prepared to do. For example, a lawyer, just because he is a lawyer, may not necessarily
be a guru of rhetoric as the stereotype lawyer is pictured to be. Another concept according to Shamir et
al30 linked to rhetoric is charisma. Although Dr Zammit has not directly used that label he has still
indirectly referred to it. Dr Zammit presents in his thesis the photos of two distinguished lawyers in what
at the time would be considered a charismatic pose.31 What was considered charismatic for a lawyer in the
25 Page 160 of Dr Zammit's thesis. 26 'He places his words just like a lawyer.' 27 'He's a lawyer, he knows how to place his words.' 28 Manzoni, A. (1842) I promessi sposi. 29 Alighieri, D. (1321) Divina Comedia. 30 Shamir et al. (1994) 'The rhetoric of charismatic leadership: a theoretical extension. A case study and implications for reaserch'. accessed from
Den Hartog, D.N. and Verburg, R.M. (1997) 'Charisma and rhetoric: communicative techniques of international business leaders'. 31 Page 149 of Dr Zammit's thesis.
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Figure 4 (above): 'Il dottor Azzeccagarbugli' from Alessandro Manzoni's novel 'I promessi sposi'.
Figure 5 (above): 'Dante and Virgil Encountering the Shades of Francesca de Rimini and Paolo in the
_The_Ghosts_of_Paolo_and_Francesca_Appear_to_Dante_and_Virgil.jpg> (13 January 2014).
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(above): 'Il dottor Azzeccagarbugli' from Alessandro Manzoni's novel 'I promessi sposi'.32
(above): 'Dante and Virgil Encountering the Shades of Francesca de Rimini and Paolo in the
, <http://www.forumlive.net/tuttiinscena/promessi/pag4.htm> (10 January 2014).
The Ghosts of Paolo and Francesca Appear to Dante and Virgil.jpg - Wikimedia
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1995 – 1997 time-frames has somewhat altered and what today would be a typical charismatic pose for a
lawyer, though still professional and serious, would be
with his attention lost in the pages
dark suit and tie,34 it is nowadays generally accepted for a
walk’35 described by Dr Zammit is still present to this day but the complaint of Alex Caruana
resolved as nowadays the entrance of the courts in Valletta has been arranged in such a way that it is not
possible to avoid the metal detector whether one ‘belong[s] to a different species’
Figure 6: The charismatic lawyer's pose in today's terms: prof
34 Or a dark dress in the case of women lawyers.35 Page 153 of Dr Zammit’s thesis. 36 Page 152 ibid. 37 Ibid. 38 Legal Advice Lawyers (2013), Find Affordable Maryland Lawyer in the Internet
maryland-lawyer-internet/> (14 January 2014).
James Camilleri
has somewhat altered and what today would be a typical charismatic pose for a
lawyer, though still professional and serious, would be something more approachable and certainly not
with his attention lost in the pages of a statute book, see Figure 6. Although some lawyers still prefer the
it is nowadays generally accepted for a lawyer to wear brighter clothes
described by Dr Zammit is still present to this day but the complaint of Alex Caruana
as nowadays the entrance of the courts in Valletta has been arranged in such a way that it is not
possible to avoid the metal detector whether one ‘belong[s] to a different species’
Figure 6: The charismatic lawyer's pose in today's terms: professional but approachable.
Or a dark dress in the case of women lawyers.
Find Affordable Maryland Lawyer in the Internet, <http://www.divorcelawyersofportland.com/find
internet/> (14 January 2014).
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has somewhat altered and what today would be a typical charismatic pose for a
more approachable and certainly not
ugh some lawyers still prefer the
lawyer to wear brighter clothes. The ‘straight
described by Dr Zammit is still present to this day but the complaint of Alex Caruana36 has been
as nowadays the entrance of the courts in Valletta has been arranged in such a way that it is not
possible to avoid the metal detector whether one ‘belong[s] to a different species’37 or not.
Charisma is used by the practising lawyer to compensate for the other skills, such as thorough
knowledge of the law or powers of persuasion, he may lack. Evidently, it is easier to wear expensive,
sombre clothing and adopt a straight walk than be constantly up-to-date with the law or master the art of
persuasion. It follows that one can be an established lawyer and, notwithstanding the myth of the
stereotype lawyer, be a below average rhetorician. As it were, one of the most persuasive rhetoricians I
have marked is not directly connected to the legal system.39 Prof. Vittorio Sgarbi is an Italian art critic
whose personality would have unquestionably correlated to the lawyer stereotype of persuasiveness and
charisma, see Figure 7. He probably looks down on lawyers as lacking culture and serves to prove the
point that the legal profession does not have exclusivity on rhetoric.40 Thus, a lawyer may use professional
detachment to fend off imprecations of patronage because he is aware of his limitations and will induce
the client to take a more active role in the trial process such that the responsibility of winning or losing the
court case rests with the client himself and the lawyer will maintain his original role of interpreter of the
law, dispensing the legal knowledge he has accumulated through his studies and over the years, for the
good use of his clients. That is why, as a rule, lawyers are averse to story-telling as mentioned by Dr
Zammit. On taking a seat in front of the lawyer’s desk in his office, the client may drift, if left unchecked,
towards doing what comes easiest, i.e. talk egocentrically about his own perspective of the situation at
hand, putting himself at the centre of the universe expecting everyone: his opponent, the lawyer and the
judiciary to revolve around him. The lawyer, from experience, will see where this is going and defend
himself from this attitude, if he is not inclined in taking the patron role, by using various tactics, most of
which have been ably highlighted by Dr Zammit. I have already discussed one of the reasons why a
lawyer may object to the patron role, another reason may be a question of time management; a lawyer
may be trying to cater for as many clients as possible41 and will look down on the patronage relationship
as being too time-consuming. There are other reasons, besides lack of skill and greed of money, why
some lawyers prefer to assume the professional, as opposed to the patron, role and each lawyer may have
personal reasons for doing so. It is safe to say, that in law firms, which as explained above, are constantly
on the rise, a professional role will be adopted mixed with some notion of customer care, depending on
the internal policies of the firm.
If we look at the statements made by Maltese lawyers during the process of court cases there
appears to be a mixture of persuasion (i.e. patronage) and paradigm42 (i.e. professionalism). I have
39 Although he eventually moved into politics, his rhetorical skills were well developed long before. 40 It is more of a natural talent. 41 I assume to maximize profits. 42 To use a word favoured by Dr Zammit.
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Figure 7: Prof. Vittorio Sgarbi –
collected a number of extracts from
extracts which are direct or indirect quotations of Maltese lawyers, indicate a certain level of rhetoric. The
patron lawyer identified by Dr Zammit is not a dying species
seem to indicate. Today the patron lawyer
village lawyer identified above. It is a more challenging environment than the professional lawyer since
he has to be knowledgeable, an above average rhetorician and charismatic all in one,
greater satisfaction and higher profits.
43 DavideMaggio.it (2014) VITTORIO SGARBI A DM: COMINCIO PRESTO IN PRIMA SERATA UN PROGRAMMA CHE PARLERA' DI
VALORI. LA TV HA UNA DIREZIONE NUOVA
serata-un-programma-che-parlera-di-valori-la
James Camilleri
a natural talent for rhetoric.43
collected a number of extracts from press reports of various court cases in Malta, see Table 2
extracts which are direct or indirect quotations of Maltese lawyers, indicate a certain level of rhetoric. The
patron lawyer identified by Dr Zammit is not a dying species, as the mushrooming of law firms would
seem to indicate. Today the patron lawyer is in a niche market that still offers the type of service of the
village lawyer identified above. It is a more challenging environment than the professional lawyer since
he has to be knowledgeable, an above average rhetorician and charismatic all in one,
greater satisfaction and higher profits.
VITTORIO SGARBI A DM: COMINCIO PRESTO IN PRIMA SERATA UN PROGRAMMA CHE PARLERA' DI
VALORI. LA TV HA UNA DIREZIONE NUOVA, <http://www.davidemaggio.it/archives/33660/vittorio-sgarbi-a
la-tv-ha-una-direzione-nuova> (14 January 2014).
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, see Table 2. The
extracts which are direct or indirect quotations of Maltese lawyers, indicate a certain level of rhetoric. The
as the mushrooming of law firms would
is in a niche market that still offers the type of service of the
village lawyer identified above. It is a more challenging environment than the professional lawyer since
he has to be knowledgeable, an above average rhetorician and charismatic all in one, but it also offers
VITTORIO SGARBI A DM: COMINCIO PRESTO IN PRIMA SERATA UN PROGRAMMA CHE PARLERA' DI
a-dm-comincio-presto-in-prima-
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Extract Source
1 Dr Gatt said it was obscene how his client, over slight injuries, was taken to a police station and
made to spend two weeks in prison when such a case would normally be investigated and he would
be charged in a district sitting.
Times of Malta44
2 In the appeal, defence lawyer Kenneth Grima argued that the punishment inflicted upon his client
was “far too excessive” given the facts and circumstances surrounding the case.
Times of Malta45
3 In return Dr de Marco accused Dr Filletti and Dr Joe Mifsud, both representing Dr Pace, of acting
maliciously, stating that, “this is like the mafia in power” where two judges discuss jail terms.
App.di-ve.com46
4 Defence lawyer Giannella de Marco said victims of priestly sexual abuse met and agreed on the
case to try and get as much financial gain as possible from those who gave them so much during
their upbringing.
The Malta
Independent47
5 De Marco argued that €15,000 was too much for Gafà to afford and despite being granted bail, he
was being left in prison without trial.
She described one of the victims who testified against the priests as “a liar” because what he said
was not right.
Maltatoday.com.mt48
6 Defence lawyer Giannella de Marco said the first court ignored a number of things so the
conclusion should not have been what it was. The matter here could not have been considered a
continuous crime.
The Malta
Independent49
7 Dr Stefano Filletti, who is appearing on behalf of Jean Guy Legendre, said that such a situation was
causing heartache for the Legendre family. He said the case had repeated itself several times and
was not acceptable. He added that one could not understand why the Attorney General had once
again asked to prosecution to call Ms Pelland to the witness box.
di-ve – content
matters50
8 "It's a story that has a mixed pot of lies. The asylum seekers had nothing against Dimech, but they
went to great length to get out of trouble. Three of them have returned to their country of origin, but
seven years later, Dimech is still in the dock.["]
Maltatoday.com.mt51
Table 2: Press reports of direct or indirect quotations of Maltese lawyers involved in court cases.
44 Times of Malta (2014) Sandro Chetcuti case: Lawyer accuses Vince Farrugia of perjury,
<http://www.timesofmalta.com/articles/view/20130619/local/sandro-chetcuti.474506> (14 January 2014). 45 Times of Malta (2014) Daniel Holmes’ sentence ‘too severe’, <http://www.timesofmalta.com/articles/view/20111215/local/Daniel-Holmes-
sentence-too-severe-.398393#.UsVm0fRDuSp> (14 January 2014). 46 App.di-ve.com (2013) <http://app.di-ve.com/news/mafia-power-dr-giannella-de-marco> (14 January 2014). 47 The Malta Independent (2012) Lawrence Grech And friends doing everything for money – Giannella de Marco - The Malta Independent,
311584/> (14 January 2014). 48 Maltatoday.com.mt (2014) Jockey accused of Mgarr murder protests refusal of bail - maltatoday.com.mt,
<http://www.maltatoday.com.mt/en/newsdetails/news/courtandpolice/Kenneth-Gafa-request-bail-20130117> (14 January 2014). 49 The Malta Independent (2012) Priests Appeal judgement in October - The Malta Independent, <http://www.independent.com.mt/articles/2012-
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