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ABOUT THE FIRM
Lawyers in Cyprus – Established since 1983
We pride ourselves in the way the firm takes care of and serves its customers with an experienced and highly skilled team of lawyers in Cyprus who aim to provide a friendly and highly professional service adapted to the clients’ individual needs.
At D. Hadjinestoros & Co LLC we are committed to providing our clients with the highest quality legal, litigation and advisory services. As a results oriented law firm, we use our knowledge, professionalism and expertise to get the best results for our clients.
Our goal is to act as fast and efficiently as possible in the interests of our clients in order to get the most advantageous outcome. We work with passion and commitment, understanding the needs of the client in order to deliver a highly personalised and exceptional service.
Through our team of lawyers in Cyprus and since our establishment, we have acted on behalf of thousands of Clients in the fields of banking, insurance, fast food, coffee and clothes retail shops such as Costa Coffee, Marks and Spencer, Mothercare as well as other clients of international standing.
Our vast experience on commercial law, intellectual property, company law and employment law, as well as our network of external collaborators on accounting and auditing services ensure that we are in a position to provide a high standard of service.
WE HAVE ACTED ON BEHALF OF
You can contact us by email at firstname.lastname@example.org or call us at (+357)22510165.
At D. Hadjinestoros & Co LLC we have accumulated substantial experience and we advise and litigate with regard to all aspects of corporate law.
We have acted for clients in relation to mergers and acquisitions, takeovers, acquisition of companies in Cyprus and abroad, capital raising, corporate reconstructions, schemes of arrangement, reduction of capital, formation and registration of companies, due diligence checks, shareholders’ disputes, full spectrum of corporate services, contracts and commercial agreements.
We provide Nominee, Trustee & Secretarial Services, as well as registered office services. We act as introducers to banking institutions for the opening of corporate bank accounts in Cyprus and also act as signatories to execute incoming or outgoing transfers to accommodate the company’s day to day business transactions.
We have a network of associated accounting and auditing services providers to help our clients’ companies comply fully with accounting and tax requirements and also provide services related to immovable property investments and all necessary document drafting.
We can help you set up your business.
Lawyers in Cyprus with attention to detail – D. Hadjinestoros & Co LLC
With over 30 years of experience in the most crucial fields of corporate law, commercial law and civil litigation, we can advise clients safely and timely, to reach the desired results.
To be able to register as lawyers in Cyprus, it is important to sign an agreement or if the matter relates to litigation, then a retainer is mandatory.
Under the law, lawyers in Cyprus are the legal professionals who undertake to defend or handle the clients’ interests in court or wherever required, while at the same time giving legal advice on various matters. The main role of lawyers in Cyprus is to protect the interests and secure the rights of the client.
D. Hadjinestoros & Co LLC is a firm of lawyers in Cyprus with experience in matters such as:
- Wills and Probate
- Family Law (Divorce, Property Disputes, Child Maintenance and Adoptions)
- Setting up of Companies and Corporate Structures
- Registration and renewal of Trademarks and Patents
- General Data Protection Regulation (GDPR)
- Intellectual property disputes
- Transactions for the sale, acquisition or lease of immovable property
- Collection of debts
- International commercial agreements
- Consumer Protection law
- Alternative Dispute Resolution
- Banking Law
- Administration of Property
- Company insolvency and dissolution
- Mergers and acquisitions
- Personal injury claims
- Employment Law
D. HADJINESTOROS & CO LLC HAS ADVISED THE CONSUMER PROTECTION SERVICE OF CYPRUS
We have been commissioned by the Consumer Protection Service to suggest the codification of Cyprus Consumer Law
D. Hadjinestoros & Co LLC has advised the Consumer Protection Service of Cyprus in relation to Cyprus Consumer Law. The work included an analysis of over 20 Laws as well as Secondary Legislation dealing with Consumer Protection in the areas of banking, sale of goods and services, advertising, unfair terms in consumer contracts, unfair commercial practices as well as consumer rights and holiday packages. The abovementioned legislation was also compared with the corresponding consumer protection legislation in the EU, UK, Ireland and Finland.
Our work included an extensive analysis of the problems arising from the current state of the law including whether EU Directives have been implemented correctly, whether provisions in the said Laws are compatible with constitutional and human rights as well as whether certain provisions need to be modernised. A detailed analysis of each law was carried out along with comprehensive and reasoned suggestions on whether changes are required or useful to each of the Laws analysed.
The final stage was the suggestion of a consolidated Law concerning consumer protection which included new provisions enhancing the investigatory and coercive powers of the Consumer Protection Service of Cyprus in discovering breaches against the consumers’ interests.
The whole work was delivered in early 2018, it consists of over 1600 pages of original material/content and it shows the commitment of the Consumer Protection Service of Cyprus to detect and combat consumer rights’ infringements and modernise consumer protection legislation in Cyprus.
Lawyers in Cyprus – Other matters deserving mention
Registration of Lawyers in Cyprus
For Lawyers in Cyprus to be able to practice the profession, they must be registered in the “Register of Lawyers” kept by the Chief Registrar of the Supreme Court, who issues a certificate of registration with the stamp of the Supreme Court as provided by the Cyprus Lawyers Law (Cap 2) in relation to the registration of lawyers in Cyprus and the practice of a lawyer.
In order to be able to be registered as lawyers in Cyprus, it is necessary for the lawyer to succeed in the examinations organized by the Legal Council on matters of Cypriot law. For this purpose, special seminars are organized by the Legal Council, which help Cyprus Lawyers adapt and familiarize themselves with Cypriot law. The attendance of these seminars is the best opportunity for practicing attorneys who are usually graduates of different Universities in Europe and abroad, to familiarize with Cyprus Law and the procedures followed. Furthermore, for professionals to be able to register as lawyers in Cyprus, it is important for them to complete an internship of not less than 12 months in a lawyer’s office practicing for at least 5 years or at the Attorney General’s Office, be a citizen of the European Union who has a permanent residence in the European Union and to have reached the age of 21 years. D. Hadjinestoros & Co LLC has been practicing for over 30 years and many practicing lawyers have become lawyers in Cyprus through training in our offices.
Individuals Practicing as Lawyers in Cyprus
The practice of the legal profession for Lawyers in Cyprus is governed by the Cyprus Lawyers Law (Cap 2). Under that law, “Practicing as a lawyer” means:
- Appearing before the court for any proceedings on behalf of any person or the Republic.
- The preparation and drafting of pleadings on behalf of the Client.
- Registration of trademarks or patents and the appearance before any administrative authority for any of the aforementioned purposes.
- The drafting, review, amendment of any memorandum or articles of association of a company of any form or any application, report, statement, affidavits or any other documents which is required for the formation, registration, organization, reorganization or dissolution of any legal person.
- The registration of ships and the drawing up of any document relating to the formation, transfer, alteration or revocation of any rights relating to ships as well as the appearance before a competent authority for that purpose.
- Advising on any legal matter which is submitted to a lawyer provided that those practicing as lawyers in Cyprus are not restricted to providing such opinions.
- The compilation or study of any document which is filed in the Court for the purposes of administration under the Administration of Estates of deceased.
Additional duties/responsibilities of Lawyers in Cyprus
Furthermore, lawyers in Cyprus are able to prepare documents on behalf of the client, the preparation of commercial agreements on behalf of clients, opinions and advise to a client in relation to any act or action which may result in legal consequences as well as the preparation of all necessary documents for the establishment and operation of companies. Lawyers from the EU who wish to act as a lawyers in Cyprus can do so on a permanent basis under one of the professional titles of the Country of origin provided that s/he is registered as a lawyer in a special section of the “Cyprus Lawyers’ Register” by applying to the Legal Council of Cyprus.
Obligations of Lawyers in Cyprus
Lawyers in Cyprus have a duty to strictly observe the ethical rules that are intended to guarantee and ensure the proper exercise of the profession – something which is recognized as necessary for the smooth functioning of every human society.
Lawyers in Cyprus are also required to comply with the provisions of the Cyprus Lawyers Law as amended from time to time.
At D. Hadjinestoros we help you deal with your obligations in an efficient and realistic manner
What differentiates us is that we care for our clients, we have a hands on approach on their cases and we are focused on the outcome.
Lawyers in Cyprus – Disciplinary offences and privileged information
Disciplinary Offenses by Lawyers in Cyprus
According to Cyprus Lawyers Law (Cap 2), all lawyers in Cyprus are subject to disciplinary action by the Disciplinary Board.
The Disciplinary Board, which is the body responsible for examining disciplinary offences committed by lawyers in Cyprus, consists of the Attorney General of the Republic of Cyprus, the elected President of the Council of the Cyprus Bar Association acting in an ex officio capacity and five Cyprus Lawyers as elected members who are elected every three years by a general assembly of the Cyprus Bar Association and who serve until another election takes place.
In case that any lawyers in Cyprus have been convicted of a criminal offence by any court which in the opinion of the Disciplinary Board is morally disgraceful or if the lawyer is guilty of shameful, fraudulent or conduct which is incompatible with the profession of a lawyer, the Disciplinary Board may impose the following penalties:
- Order the lawyer’s name to be deleted from the Register of Lawyers in Cyprus.
- Suspend the authorization to practice the lawyer’s profession for as long as the Disciplinary Board may deem appropriate.
- Order the lawyer to pay by way of fine any amount not exceeding €1735 Euro.
- Warn or reprimand the lawyer.
- Issue an order to pay the costs of the proceedings before the Disciplinary Board.
The procedure for the imposition of any of the above-mentioned penalties may be commenced ex-officio by the Disciplinary Board, by the Attorney General of the Republic of Cyprus, after a complaint to the Disciplinary Board from any Court or the Council of the Cyprus Bar Association or Local Bar Association, at the request of any person who has complained of the lawyer’s conduct, following the permission of the Disciplinary Board.
The Complainant, the Attorney General or the Lawyer may appeal within 2 months of the decision of the Disciplinary Board. Furthermore, the Supreme Court has the right on its own motion to revise any decision of the Disciplinary Board for a disciplinary offence committed within a Court Building or which involved a member of any court.
In accordance with the Law, the Disciplinary Board, when conducting an investigation, has the same powers as a court exercising summary proceedings.
In the case that lawyers in Cyprus are accused, the Disciplinary Board informs the accused lawyers about the disciplinary charge that they have been charged with. The burden of proof (given the summary character of the proceedings) is that of “high degree of certainty”. Strict adherence to the law of evidence is not however required.
Privileged information and Lawyers in Cyprus
Lawyers in Cyprus are custodians of confidential information and information entrusted to them by their clients and for this reason professional secrecy is recognised as the fundamental and primary right and duty of the lawyer and must be protected by the Court and any public or governmental authority. Securing confidentiality is a prerequisite for establishing a relationship between trust and confidence between the lawyer in Cyprus and the client.
Furthermore, lawyers in Cyprus must also respect the confidential information which he has gained knowledge of through acting as such and must ensure that professional secrecy is respected by any of his/her employees as well as any person working with him in the course of his professional capacity.
Professional secrecy also includes what has been disclosed to him by a colleague. Lawyers in Cyprus cannot accept another case without their client’s permission where the case affects a matter in relation to which the client has made disclosure during the provision of professional services.
Furthermore, lawyers in Cyprus cannot take up a case of a client if there is a risk of violating the confidentiality of the information entrusted to them by a previous client where there is a conflict of interest.
We act diligently and we solve complex legal matters by using a hands on approach.
Lawyers in Cyprus – Legal profession and Europe
Lawyers in Cyprus and the European Union
In the European Union, all Member States are interdependent, relying on mutual respect and preservation of the European acquis communautaire, through which common rights and obligations are defined. An important place in the concept of the European acquis is the respect of human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.
The European Union guarantees the freedom of movement of persons, services, goods and capital. This includes the free movement of lawyers in Cyprus from other Member States of the European Union. For more on how lawyers from another Member State can register as lawyers in Cyprus please visit the Cyprus Bar Association official page.
The European acquis, is superior from the national legislation, includes the principles and objectives of the Treaties of the Union, the legislation adopted in accordance with the Treaties and the case-law of the Court of Justice, all resolutions adopted within the framework of the Union, the acts concerning Common Foreign and Security Policy, acts concluded in the framework of justice and home affairs, and all international agreements concluded by the Union, as well as those concluded between Member States in the field of the Union’s activities. This directly affects the exercise of the profession of a lawyer in conjunction with the creation of new areas of law such as competition law and consumer protection law.
The Court of Justice of the European Union (CJEU) ensures the uniform interpretation and application of EU law in all Member States · ensures that EU Member States and EU institutions comply with EU law. It consists of 2 judges from each EU Member State plus 11 Advocates General.
Lawyers in Cyprus and the European Convention for the Protection of Human Rights
The European Court of Human Rights (ECtHR) was set up to examine human rights appeals against Member States under the European Convention on Human Rights that was adopted by the Council of Europe in 1950. The task of the Court is to monitor the implementation of the Convention by hearing appeals of the citizens against human rights violations committed by Member States. It is the first international judicial mechanism for the protection of human rights. It provides both transnational and individual appeal after exhaustion of domestic remedies. It consists of 47 judges. One from each member state of the Council of Europe.
As regards lawyers in Cyprus, there has been a case where a lawyer in Cyprus appealed to the European Court of Human Rights and was successful in invoking that his freedom of fair trial was breached due to the fact that the same panel of judges that accused him of contempt also ruled on his sentence.
We can help you – Our legal team of lawyers in Cyprus can help you in any matter relating to European Union Law or on matters relating to a breach of the European Convention for the Protection of Human Rights.
Registration of European Lawyers in Cyprus
According to Law 180(Ι)/2002 a lawyer in a Member State other than that in which the professional title was obtained, can now practice the profession of a lawyer in Cyprus. Having submitted to the Republic the professional title of the Member State in which he obtained the right to bring that title, is registered in a special part of Record of Lawyers in Cyprus who are practicing the profession. For this registration, the Legal Council requires the production of the following certificates:
- Certificate proving that the lawyer wishing to practice as a lawyer in Cyprus is a national of a Member State.
- Certificate of entry in the Record of the competent authority of the home Member State as well as a certificate that the lawyer wishing to practice as a lawyer in Cyprus continues to carry out his activities and has not been suspended or his professional license revoked for any reason. This certificate must not have been issued more than three months after their registration.
- Letter from the Law Firm with which they will cooperate.
Furthermore, their professional title must be clearly drafted in the language or one of the official languages of the State of origin.
When the application for registration is accepted by the Cyprus Bar Association, each lawyer is subject to the same obligations and has the same rights as all the lawyers in Cyprus, but may be assimilated to the Cypriot lawyer and fully integrated into the profession of lawyer in the Cyprus 4 years after the completion of his practice as a trainee lawyer and must have regularly practiced in Cyprus and in the field of Cypriot Law which includes EU Law.
Before the expiration of three years, to represent and defend a client before a court the lawyers in question (i.e. the lawyers from another Member State wishing to practice as lawyers in Cyprus) must act based on an agreement with a Cyprus lawyer practicing in the Republic and who is entitled to appear before the court hearing the case.
It is also possible to practice the profession of a lawyer in Cyprus under the professional title of origin:
(a) in the same way that the profession is exercised by lawyers in Cyprus with (i) a Cypriot lawyer or (ii) a lawyer who is a national of a Member State who exercises the profession of a lawyer in the Republic, and
(b) with a lawyer who is a national of a Member State and who exercises the profession of a lawyer in that State on a permanent basis and with the professional title of that State.
Lawyers in Cyprus and their Development
Lawyers in Cyprus require continuous training and knowledge of social and technological developments in order to be able to cope with modern and evolving social requirements. It is an endless profession and constantly evolving over time. The lawyer must always keep in mind that he serves the judiciary and cooperates in this regard. The basis of this professional duty is to defend the rights of his client to the extent of his/her ability, without fear and in strict compliance with applicable law. A lawyer must always respect the honor and dignity of the profession, bearing in mind that this profession carries social responsibilities which aim to protect the rights and freedoms of citizens.
D. Hadjinestoros & Co LLC is a full service law firm based in Nicosia, Cyprus with a team of experienced lawyers in Cyprus. We are a results oriented law firm with experience in Commercial, Corporate, Employment, Consumer, Family Law and in the majority of legal fields.
Limitation of advice
According to the regulations on the code of conduct applicable to lawyers in Cyprus, legal advice from a lawyer to the client must be limited to the issue of whether or not the client has a good cause of action or a valid defence and must not extend to making any assertion that the case will be successful. In addition, the lawyer must advise the client to proceed with settlement of a case, when according to the lawyer’s judgement a settlement would be fair and reasonable under the circumstances of the specific case.
A lawyer who has been assigned a case by the client must handle the case until completion of the trial. A statement made by the lawyer, in the course of Court proceedings, is binding on the client and the statement can be used as evidence against the client.
A lawyer must remain within the bounds of providing legal advice and services in relation to the case and must be involved in the facts of the case in a manner which could indirectly render the lawyer a witness in the client’s case.
Lawyers in Cyprus and withdrawing from a case
The regulations on the code of conduct applicable to lawyers in Cyprus, specify the circumstances under which a lawyer may withdraw from the representation of a client in the case. Such a withdrawal may not take place without reasonable justification, which includes the following circumstances: when the case has a negative effect on the lawyers reputation, dignity or conscience, or when there has been a breach of the client in respect of a moral or financial obligation towards the lawyer or when a dispute has arisen in respect of how the case is being handled.
If a lawyer intends to withdraw from the representation of a client, the withdrawal must take place before the Court in the presence of the client, seeking the leave of the Court to withdraw. It is common practice for such leave to withdraw to be granted without the need to inform the Court as to the specific reasons for withdrawal, but the Court may exercise its discretion in seeking clarifications as to the reasons and the lawyer is obliged to inform the Court accordingly. If the reason for withdrawal is such that may negatively affect the interests of the client, then the lawyer may simply state to the Court that a dispute has arisen between the client and the lawyer in respect of how the case is being handled and that the lawyer is not in a position to reveal further details regarding the dispute.