Finding a lawyer willing to take on a case against another lawyer in Cyprus is no easy task, and it becomes almost impossible when the complaint targets a prominent attorney with political connections or party backing.
Even if this initial barrier is overcome, since citizens technically have the right to submit a complaint themselves (by paying a €68 filing fee), the process remains deeply discouraging.
Members of the Disciplinary Board of the Cyprus Bar Association have broad discretion to decide whether or not to investigate complaints filed by citizens against lawyers. This means a case can be closed before it ever begins, particularly when the accused is a colleague, friend, or associate. And who can realistically rule out that possibility?
But the real problem is not just the potential for cover-ups. It is that citizens have no legal recourse if their complaint is dismissed. They cannot appeal the Board’s decision in court, because current legislation simply does not provide that right.
Remarkably, Cypriot courts have been pointing out this legal gap for more than 25 years, without any legislative action to correct it.
A key precedent came in the Supreme Court case Georgios N. Georgiou v. Disciplinary Council of Lawyers, decided on 23 March 1999, where the court explicitly highlighted the need to amend the law so that citizens could appeal even preliminary dismissals of their complaints. The ruling underlined two critical points:
1. The Disciplinary Board’s decisions rejecting complaints cannot be appealed. Under Article 17(4) of the Advocates Law (Cap. 2), the right of appeal applies only to rulings made after a full investigation, not to those rejected at the preliminary stage under Article 17(2)(d).
2. The rejection of a complaint without any oral hearing, contrary to subsection (7) of Article 17, may violate fundamental principles of justice, especially since there is no right of appeal. The Court suggested that the law should be amended to grant appeal rights even in these preliminary cases.
When the very body charged with upholding accountability among officers of the court operates without transparency, oversight, or appeal, public trust in the rule of law inevitably erodes.
Vorkas: “We will change the law”
In comments to Politis, Cyprus Bar Association president Michalis Vorkas acknowledged the problem and said legislative reform is not only necessary but long overdue.
“This is an issue we have inherited, and we will fix it,” Vorkas said, confirming that a proposal will soon be advanced to ensure citizens have the right to challenge all Disciplinary Board decisions in court.
For those wondering:
No, you cannot file a complaint simply because your lawyer mishandled your case. According to the Disciplinary Board, it has no authority to decide whether a lawyer managed a case effectively and poor performance does not, by itself, constitute a disciplinary offence.