No Chance To Complain About Cyprus Lawyers

The Cyprus Informer can add a great deal more to the following story in the Cyprus Mail which suggests that Cyprus lawyers are able to avoid accountability under the law because of a closed shop protection system. They won’t take action against each other actually.  But it is even worse than that.  Cyprus Deputies (MP’s) need to do much, much more to expose the whole problem and do something about it.

It is often been suggested that if you have a complaint against a Cyprus lawyer that you can pay a small fee of around Euro 80 and ask the Cyprus Bar Association to refer the matter to the Disciplinary Board of Advocates which is headed by no less than the Attorney General of Cyprus.

With searches around the internet and many conversations it has been impossible to find any cases where the Disciplinary Board of Advocates has actually taken any action.

This is the sort of reply that everyone seems to get.

I would like to inform you that the Disciplinary Board of Advocates, at its meeting dated XX ‘ber 20XX, examined the material placed before it in relation to your complaint against Messrs , advocates, of XX, and decided that it is not justified an investigation pursuant to Regulation 5(1) of the Advocates (Disciplinary Procedure) Regulations of 2005.

Yours sincerely,

Petros Clerides Attorney-General of the Republic President of the Disciplinary Board
People suggest that that you should complain to the Cyprus Ombudswoman, Eliana Nicolaou,Commissioner for Administration (Ombudsman)

But the Cyprus Informer has a copy of a letter from the Cyprus Ombudswoman saying that this area is outside of her remit.

According to the Laws regarding the Commissioner for Administration (Ombudsman) 1991 – 2004 as amended, decisions and acts of the Attorney – General do not fall within the ambit of the Ombudsman’s competence (Art. 2.a).

In the light of the above, your complaint is against the Attorney – General ‘s decision not to investigate your allegations and therefore I am sorry to inform you that I cannot proceed to its further investigation. Please feel free to contact me with regard to any other issues pertinent to my competence.
Eliana Nicolaou
Commissioner for Administration (Ombudsman)

So not only do Cyprus lawyers refuse to take cases if suing other lawyers but if you complain about a Cyprus lawyer to the equivalent of the UK Law Society it is presided over by The Attorney General of Cyprus who seemingly routinely refuses to take cases of complaint on as well.

You cannot complain about maladministrtation by The Attorney General of Cyprus because the Cyprus Ombudswoman does not have powers.

The complainant, the convicted advocate and the Attorney General have the right to appeal against the decision of the Disciplinary Board. The Supreme Court may review the whole case and either confirm the decision of the Disciplinary Board, or set it aside, or make such other order as it may think fit.

http://www.supremecourt.gov.cy/judicial/sc.nsf/DMLScourt_en/DMLScourt_en?OpenDocument

So you can refer a complaint against The Attorney General of Cyprus to The Supreme Court of Cyprus but what chance does a snowball have?

Here is the original Article in the Cyprus Mail.

 LAWYERS ARE refusing to represent members of the public who wish to take civil action against other lawyers, the House Human Rights Committee heard yesterday.

According to EDEK deputy Georgios Varnavas, who tabled the issue for discussion, representatives of the Cyprus Bar Association confirmed to the committee that there were incidents of lawyers refusing to take on other lawyers in court.

Varnavas argued that it was unthinkable for a country that tries to defend human rights to have citizens going unrepresented when the defendant is a lawyer.

“We believe that the bar association should first of all put safeguards in the existing decision of December 10, 2009, that if a lawyer does not take on a case, then the current chairman of the district bar association will personally take on the case or be obliged to find another lawyer,” said the EDEK deputy.

He called on the Legal Service to consider the matter more seriously and look at whether new laws were needed to enable the state to provide legal aid in civil cases too, as can be done in criminal cases.

Committee Chairman Sofoclis Fyttis said the bar association explained that in such cases, it was up to the head of each district bar association to defend or represent the member of the public who was in dispute with the lawyer.

The committee also discussed the issue of money paid to lawyers who end up refusing to take on the brief and fail to return the money. In principle, clients can seek a return of their money from the general insurance taken out by all lawyers.

“This has not happened yet,” noted Fyttis, who questioned how much time was needed for a lawyer to study a brief and decide whether to take on a civil case involving a colleague.

The DIKO deputy said the committee has asked the Attorney-general, Justice Ministry and bar association to study these cases and reply within five months on what improvements have been made to the whole system so the committee can push forward on the issue.

By Stefanos Evripidou Published on January 13, 2010 – Cyprus Mail

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