Economic School of Tallinn

Internship report

Raina Pihelgas
OT239

2024
Company profile

Refalo Advocates was founded by Professor Ian Refalo whose practice began in the 1970s
and has since grown into the firm we know today.

The collective of Refalo Advocates comprises of 16 persons which include legal interns
(Andrew, Samuel, Annah and Maila), senior associates (Jaqueline, Gabrielle and Sarah),
consultants (Karl and Roberta), paralegal (Philip), associates (Rose and Manuel), finance
manager (Gertrude), 2 partners (Mark and John) and a founding partner (Ian) of family
Refalo.

The Group can assist in matters related to administrative and public law and decisions taken
by administrative units such as tribunals, boards and commissions. Furthermore it can
support individuals in resolving disputes and filing administrative appeals that concern
government authorities. Related practice areas are human rights, administrative appeals and
constitutional law.

Refalo Advocates is able to assist in registration of aircraft and engines Under the Malta flag.
They can aid in the application for Air Operating Certificates (AOC) and Air Operating
Licenses (AOL), drafting of dry and wet leasing agreements, as well as, the sale and purchase
of Aircraft and engines and financing agreements. Related practice areas are registration of
Aircraft and engines, air operating certificate, asset finance, Aircraft purchase and disposal,
chartering agreements, Aircraft arrests, air accidents, air transport disputes, passenger rights.

They can provide help in such matters as litigation, transactions, disputes, wealth sructuring
and succession planning, government investigations and enforcements, corporate governance
and restructuring and intellectual property. In addition local and international clients include
public and private companies, private equity firms and investors.

(firm’s webpage https://refalo.legal/)

The judicial system in Malta has a long history and as such is a hybrid and complex one. The
Maltese judicial system is basically a two-tier system with a court of First Instance presided
over by a Judge or Magistrate, and a Court of Appeal, consisting of three Judges when the
appeal emerges from a Court presided by a Judge, or a single Judge when appeal emerges
from a Court presided over by a Magistrate. (Testone, 2010)

Malta falls among systems resulting from the micture between the civil law family and the
common law family, which is a system mix that is sometimes called „Anglo-civilian“. Within
mixed jurisdictions, these two legal traditions separately affect diferent areas of law. English
law affects public, commercial and procedural law, while civil law affects the field of private
law.(Biagio, 2011)

Practical Learning Outcomes

Module 2 (Preparation of Client Relations):

 1. Identifies the client's needs, including any conflicts of interest, and creates a positive
client relationship, is service-ready, and communicates with the client using
communication tools.
2. Informs the client about the terms of the legal service and related activities,
considering the specifics of the organization providing the legal service, and conveys
the necessary information in an understandable manner.
3. Organizes meetings and sessions, taking into account the specifics of the legal service,
and documents them.
4. Provides initial consultations to clients on legal issues (e.g., explains procedural steps,
related deadlines, and procedural rules) using appropriate service methods and
techniques, based on client needs and service organization.
5. Checks payment for legal services in client management software or calculates the fee
for legal services according to the procedures established by the organization.
6. Adheres to confidentiality requirements in accordance with the legal framework and
organizational procedures.

Module 3 (Supporting Legal Services):

1. Conducts an initial legal analysis in the specialized field based on a given problem
statement, for example, analyzing the application practice of legal norms, including
court practice.
2. Prepares legal documents, including drafting contracts according to specified
requirements and guidelines, and creates document templates (e.g., letter templates)
based on good practices and organizational procedures.
3. Directs documents to the addressee according to the needs of the task, using the
client’s preferred communication channel, and makes copies, extracts, and official
endorsements as authorized, adhering to access restrictions as required by legal
regulations.
4. Coordinates the lifecycle of documents and prepares and carries out related
procedural steps, including completing forms for submissions and archiving
documents according to organizational and legal regulations.
5. Utilizes web environments and information systems for work tasks, including
preparing notarizations, drafting professional opinions, and identifying requirements
and conditions for legal assessments, considering data protection requirements.
Iti s possible to find from tha web page of https://ecourts.gov.mt/onlineservices/ the
insolvency register, court notices, judicial sales, hall usage. And it is possible to pay
court fines and get mobile notifications. Anybody can find the guidelines of „Right to
be forgotten“, courts statistics and online decisions portals. And it is also possible to
submit online applications (civil and criminal), archive of acts, secret wills, notice of
claim and reply. Legal professionals that have registered for the eCourts service are provided
with extended access rights.
6. Arranges the enactment of legal documents, publicizes or announces enacted legal
documents, and coordinates the release of public information related to enacted legal
documents, following the requirements of public information and personal data
protection in accordance with the specifics of the organization.
Tasks to be Completed During Practice (Curriculum Assessment Criteria):

Module 2 (Preparation of Client Relations):

 Uses client-centered service methods and techniques to create a positive client

relationship and adheres to professional ethical standards.
 Applies professional terminology in English in client communications based on the
factual circumstances presented by the client and follows professional ethical
standards.
I learned tht even little english can be enough to start navigating in Maltese law
system. And even perfect english is not enough to take part in Maltese court work.
There is „malti“ and only „malti“. Which I only know 2 or three words of and they are
the cities: Valletta, Hal-Qormi and Zebugg.
 Plans client work and time management based on the organizational work culture
(including client management software).
The court appointments were scheduled just like the client wished for, so it is sure that
he will be on place at the right moment.
 Manages legal advisory documents and correspondence, adhering to heightened
confidentiality and work ethics requirements, using client management software.
No pictures from the courtroom, only outside balcony. And the documents in the
Office were secret though everybody could walk by and read them but it wasn´t
allowed to take picture for the report.
 Organizes (assists with) work meetings and documents them based on the
organizational work culture.
 Finds the applicable legal norm from the legal act for the case and resolves the case or
answers the question based on the norm.
 Explains to the client the organization of administrative bodies, administrative
institutions, and the legal status of local government (administrative law, including
local government law).
The Constitutional Court was established in 1964 following the approval of Independence
Constitution of the Republic of Malta, given to the Maltese in 1964 by the United Kingdom
Parliament, upon the archipelago’s independence from the British Empire. (Souverijns, 2024)
 Explains the roles of legal institutions to the client and identifies which institution the
client should approach to resolve their legal issue and directs the person to the
appropriate institution (public law functions of legal institutions).
 Conducts an initial legal analysis in the field of social welfare based on a given
problem statement and guides those in need to obtain information about social welfare
services and provides primary social welfare assistance (social welfare law).
 Applies personal data processing requirements in the disclosure of personal data and
prepares the necessary data composition and consent forms for data subjects (basic
concepts of data protection law, personal data protection, and processing).
The rules in all member states share a common starting point: judicial proceedings are
public, which means that hearings are held in public and that dockets and iles are
 accessible to anyone showing a legitimate interest. Esceptions to this rule are
established in all member states, albeit with slight differences: a common core of
grounds to exclude publicity and to conduct hearings behind closed doors is linked to
the preservation of privacy (sometimes Under the notion of „morality“) and connected
rights (child protection), national security and public order. (Hess and Ortolani, 2019)
 Identifies the subjects of legal relations based on a given problem statement and
instructions from a legal specialist, finds the applicable legal norm from the legal act,
checks the observance of deadlines, and verifies the basis/extent of the right of
representation (general part of civil law).

During the initial stages of criminal proceedings while it is the prosecution’s turn to
produce evidence in court, the time limits are as follows, and they start running from
day of first appearance: (i) 12 months if you are accused of an offence with a
maximum sentence of less than 4 years; (ii) 16 months if you are accused of an
offence with a maximum sentence of between 4 and 9 years; and (iii) 20 months if
you are accused of an offence with a maximum sentence of 9 years or more. (Fair
Trials, 2015)

 Resolves simpler cases of transaction validity arising from the general part of the
Civil Code under the guidance of a legal specialist (general part of civil law).
 Applies general principles of the law of obligations to resolve cases and understands
different types of contracts, drafts contracts, and resolves simpler contractual disputes
based on the regulations of the law of obligations (general part of the law of
obligations).
 Differentiates between different types of employment contracts and advises on
drafting employment contracts, performs initial stages of employment relationship
administration (including organizing work and rest time, planning vacations), assists
specialists in employment relationship administration, and carries out employment
termination procedures (labor law).
I was along with the case where one side was explaining her evidence, and next time
was scheduled to show up the evidence for the second part. It was short-10 minutes
approximately. Courtroom was concidered to be also for the judges, for the superior
court, whose sittings are held in the afternoon. There were three seats for judges, of
which only middle was used by the jar judiciary of the Tribunal. And Chapters 2 or 5
should be used for the breaches of employment law.

And now the other part has to prove that they haven’t breached the law in dismissing
the worker. And the worker has to prove that he has looked for a new job.
 Calculates legal service fees, prepares invoices, and checks receipts according to the
organization’s procedures and legal regulations (basics of financial accounting).

Module 3 (Supporting Legal Services):

  Explains the principles and concepts of property law and their connections with other
fields of private law, assists legal specialists in advising clients, helps gather
information crucial for case resolution, and resolves simpler cases related to
possession and ownership rights based on the legal regulation of property law
(property law).
There was a case for a lawer to find better management conditions for the company
 Prepares legal documents in a specified format with predetermined content, including
procedural documents for court cases, administrative acts, contracts, or other legal
documents (drafting legal documents).
 Coordinates document management according to the legal regulations of the field and
the needs of the organization, and carries out document management processes
according to organizational procedures.
 Selects appropriate data carriers for documentation and creates accurate documents
based on the best practices and established requirements of the field, prepares
documents for archiving, and archives them according to the established requirements
(document management).
 Uses national information systems, legal information registers, and legal information
services to find and verify information (legal field web environments).
I learned to use legislation.mt to find chapters of all but only two basic-9th and 12th and the
constitution were foundable from the web, others to find you need to be logged in as a
member of the system.
 Resolves a case based on a legal norm or answers a question, explains administrative
procedures and deadlines by referring to the relevant legal norm, and drafts an
administrative act project based on the case, explains the preparation of an
appeal/administrative complaint (administrative procedure).
 In the Maltese legal system, the written constitution is the highest law of the land, and
if there is a conflict with any ohter national law, it is the Constitution and its bill of
rights that will prevail over both primary and secondary legislation. (Sammut, 2020)
 Within the scope of legal consultation (assistance), explains the principles and
differences of civil, administrative, and criminal court procedures to clients, explains
(if necessary, guides) the principles of conciliation procedures and the different types
of court procedure reviews based on the case in the first instance court.
The differences are very principal between civil, criminal and administrative court.
There are different laws for them criminal code is under the chapter of 9th and
criminal code is under a chapter of 12th.
Under the Maltese legal system, an arrested person must be arraigned before the Magistrates'.
Courts riot later than forty-eight hours after his arrest, otherwise he must be released (section 365,
Criminal Code). Upon arraignment, the Court must explain to the accused the nature of the charge
pref erred against him and inform him that he is not bound to answer any question nor to
incriminate himself. The Court shall also inform the accused that he may, if he so desires, be
assisted by an Advocate or a legal Procurator and that whatever he says may be received in
evidence against him (section 404, Criminal Code). (Azzopardi, 1984)

Maltese criminology can be said to occupy a significant place in national life of

Malta. As a course of theory, criminology makes of a relatively recent appearance
 with the founding of the Institute of Forensic Studies at the University of Malta in
1993, although MAltese criminology has roots in forensic medicine from the 19th
century. (Calafato and Knepper, 2009)
 Prepares various procedural documents in court proceedings based on procedural law
norms and explains the differences between court decisions and rulings based on
procedural law norms (procedural rights).
Procedural law, understood expansively to include particular working practices and professional
understandings, is deeply implicated both as a remedy and a cause of court delays. (Busuttil, 2014)

 Explains the principles of marital property law, types of property relationships, their
nature and differences, and the content of maintenance relationships arising from
kinship, describes the procedure for making family status entries, and explains the
basis for appointing a guardian and the tasks of a guardian based on legal regulation
(family law).
Mediation as a tool for alternatiive dispuute resolution was formally introduced into Maltese
legislation in 2003, with the introduction of mandatory mediation within the context of certain
family disputes. With the introduction of mandatory mediation in family disputes, the parties were
bound to refer the matters at issue to mediation and could only proceed with the realative court
proceedings if such mediation had failed and the parties had not reconciled or settled the dispute.
(Camilleri, 2013)
The promotion and protection of the rights of the child is one of the objectives of the EU on which
the Treaty of Lisbon has put further emphasis. (Psaila, 2014)
 Explains the basis for the emergence of statutory inheritance rights, the principles for
determining the circle of heirs, the inheritance rights of relatives and spouses, and the
validity prerequisites for types of wills, considering legal regulations.
 Explains the procedure for initiating probate proceedings and the course of the
procedure, conducting an inventory of the estate, the nature of the forced share right,
and the procedure for distributing the estate based on legal regulation (inheritance
law).
There have been a case were parts for spouses and children were shared but it didn´t
took place in court but was solved in the office.
 Prepares draft simpler contracts under the guidance of a legal specialist, considering
legal regulations (special part of the law of obligations).
Warrant of attachment or garneshee order was written and printed out. I was
honoured to follow the preparement of it: how the sums are being working out and
the banks whom you can pay, also the Transport Authority who can ban and prohibit
the use of transport vehicles before the money is being paid unless they can take
away the property:every title needs to be written down on the warrant attachment
of garneshee order. And later needs to be copied and handed out for the 12 parties
of beforementioned, including the court.

Allikad:
1. Azzopardi, T. (1984). An 'iter' through Maltese criminal proceedings. Id-Dritt, 12, 68-
72.
 https://www.um.edu.mt/library/oar/handle/123456789/63448
2. Ando, Biagio. The Role of Judges in the Development of Mixed Legal Systems: The
Case of Malta // Journal of Civil Law Studies, Vol. 4, Issue 2 (December 2011), pp.
237-260.
https://rara.idm.oclc.org/login?url=https://heinonline.org/HOL/P?h=hein.journals/
jcilast4&i=241

3. Busuttil, Raiza (2014) Maltese Procedural Law : cause or remedy for Court delays?
https://www.um.edu.mt/library/oar//handle/123456789/2060

4. Calafato, Trevor; Knepper, Paul (2009) Criminology and criminal justice in Malta. European Journal of
Criminology, Vol. 6, Issue 1 (January 2009), pp. 89-113.
https://rara.idm.oclc.org/login?url=https://heinonline.org/HOL/P?h=hein.journals/
eujcrim6&i=85
4. Camilleri, T. S. (2013) Malta. In Civil and commercial mediation in Europe. National
mediation rules and procedures. Ed. Esplugues, C., Iglesias, J. L., Palao, G.

5. Fair Trials (2015) Criminal proceedings and defence rights in Malta.

https://www.fairtrials.org/app/uploads/2022/01/Criminal-Proceedings-and-
Defence-Rights-in-Malta.pdf
6. Firma koduleht: https://refalo.legal/
7. Hess, B.; Ortolani, P. (2019) Impediments of National Procedural Law to the
Free Movement of Judgements. Luxebourg Report on European Procedural
Law: Volume I.
8. Kohtute süsteem kasutamiseks nii kõigile, kui ka õigusvaldkonna
spetsialistidele, kellel on ligipääs andmebaasile:
https://ecourts.gov.mt/onlineservices/
9. Psaila, Emma (2014) Study on children’s involvement in judicial proceedings :
contextual overview for administrative justice : Malta
https://www.um.edu.mt/library/oar/handle/123456789/4646
10. Sammut, I. (2020) Legislation in Malta. In Legislation in Europe. Edited by
Karpen, U., Xanthaki, H.
11. Testone, Aldo. (2010) The Courts of Justice of Malta. Commonwealth Law
Bulletin Routledge
Vol. 36, No. 3, September 2010, 469-478.
https://rara.idm.oclc.org/login?url=https://heinonline.org/HOL/P?h=hein.journals/
commwlb36&i=477

12. Souverijns, T. (2024) Malta. The Constitutional courts of small jurisdictions.

Small State Studies. Ed. By Pieters, D.
Väljavõte Malta kohtute kodulehelt, e-courts: https://ecourts.gov.mt/onlineservices/