Back to overview

Temporary Cross Border Practise As An Advocate In Cyprus

Bookmark and Share

Information on temporary practise as an advocate in Cyprus

Pachna Village                                 Photo © CyprusExpat.co.uk              

Temporary Cross-Border Provisions of Advocate Services
    
Description

An advocate who is a national of a member state, residing and practising as an advocate in a member state other than Cyprus, can provide, as the case may be and for a specific case or matter, services in Cyprus, in accordance with the provisions of the Advocates Law.

An advocate who is a national of a member state and provides his services to the Republic, on a temporary basis, for representing and defending a client before a Court, can act, following an agreement, in conjunction with an advocate practicing in the Republic who is entitled to appear before the Court handling the case.

For the purposes of the above an advocate who is a national of a member state shall be obliged to produce to the President of the Court before whom he shall appear, a statement.

An advocate means any person who can pursue his professional activities in his home member state under one of the professional titles described herein the document entitled “Professional title per member state” in the related documents.

Statement Procedure

The statement must be submitted directly to the competent authority:

Legal Council

1, Apelis street,

1403 Nicosia

Tel. 357 22889205

Fax. 357 22667498

For the purposes of representing and defending a client before a Court the following must be produced to the Legal Council either by the advocate who is a national of a Member State or by the advocate with whom he acts:

documents stating his capacity, at least ten days prior to the provision of his specific service;

information with regard to the services he shall provide in the Republic, their possible duration, his address, the Bar Association of the home Member State, the name and address of the advocate with whom he shall collaborate; and

a statement of non-incompatibility or disciplinary penalties against him.

A special book register on which the names of the advocates who are Member State nationals and provide services in the Republic on a temporary basis is kept by the Chief Registrar, which is called “The Register of Member State Advocates who Provide Services”.

If from the information in the Register referred to above, there is within the same year, a systematic provision of services in the Republic, a statement must be communicated to the interested advocate under which his case shall be subject to the regulation of his right of establishment.

Obligations and Supervision

The activities of an advocate who is a national of a Member State when representing and defending a client before the judicial or public authorities in the Republic, shall be pursued, in accordance with the terms, conditions and obligations of any kind, provided for by the legislation for persons practising as advocates in the Republic, and among others with the following:

any person referred to above can use in the Republic of Cyprus his professional title, in the language or in one of the languages of his home Member State, with an indication of the professional organisation in which he belongs or the Court before which he practises his profession in accordance with the legislation of this State ;

in the pursue of the above mentioned activities , the existence of a residence of this advocate in the Republic or his enrollment, under the provisions of the basic law, in the Register of Practising Advocates, are not a requirement;

in the pursue of the above mentioned activities, an advocate who is a national of a Member State must adhere to the provisions of the basic law and of the Regulations or Procedure Rules issued under this Law or any other law, which govern the legal profession, with the exception of the regulations pertaining to the Advocates Pension Fund, in parallel with the obligations imposed on him in the home Member State, as long as these are not contrary to the legislation in force in the Republic;

in the pursue in Cyprus of activities other than those referred to above, an advocate who is a national of a Member State is continued to be subject to the terms and provisions governing the practice of the legal profession in the home Member State, subject to abidance by the provisions of the basic law and of the regulations and Procedure Rules issued under this law governing the practice of the legal profession in the Republic, and, in particular, of those provisions which refer to the incompatibility of the pursue of the advocate’s activities and of the pursue of other activities which are foreign to him, to the rule of confidentiality, to professional ethics, to the restriction to represent parties with adverse interests and to advertising;

provided that the above mentioned provisions shall apply only as long as they may be observed by an advocate not residing in the Republic and to the extent permitted by ensuring the proper practice of the legal profession, professional dignity, and observance of the provisions on incompatibility.

Non-compliance on behalf of an advocate who is a Member State national with the obligations provided for under this Part, is subject to the provisions of Part IV of the basic law and of the Advocates (Appeals in Disciplinary Cases) Procedure Rule provided that the disciplinary penalties of the striking off of the name of the advocate from the Register of Advocates or the suspension of the licence to practice the legal profession, provided for in Article 17 of the basic law, shall be accounted for and taken as penalties of temporary or final restriction to provide services of an advocate who is a national of a Member State in the Republic.

The Disciplinary Board can request any useful information with regard to the advocate who is a national of a Member State and provides services in the Republic, by the corresponding competent authority of the home Member State and informs this authority for any decision made without affecting the confidential character of the information provided.

Other Associations

Cyprus Bar Association

11, Florinis Street,

Office 101

1065 Nicosia

Telephone: +35722873300

Fax: +35722873013

Source PSC

CYPRUS INFORMATION ARTICLES      CYPRUS NEWS      CYPRUS VILLAGE PHOTOS

BUSINESS DIRECTORY        VILLAGES OF CYPRUS            CYPRUS VILLAGE INDEX

NEWSLETTER               CYPRUS VILLAGE FESTIVALS               CYPRUS PHOTOS