Lawyers in Cyprus and their fees
According to the regulations on the code of conduct applicable to lawyers in Cyprus, when determining fees, a lawyer may take into account the time required to carry out the work, the outcome of the case, the type of services provided to the client, the urgency of the matter, the monetary value of the subject matter of the case, the novelty or complexity of the legal issues raised, the skill expertise and specialisation of the lawyer, the clients financial status, whether or not as a result of representing the client the lawyer had been prevented from taking on other cases or clients, whether or not (the legal services were provided on a one off basis or otherwise and the level of involvement of the lawyer in preparing the case to be presented to the Court.
The lawyer may draft a written agreement with the client regarding their fees and the payment method. Such an agreement may not include exclusion of liability of the lawyer for professional negligence. In addition, if such an agreement is deemed by the Court as unjust or unreasonable, the Court may reject the agreement and issue an order that the fee amount is calculated by the Registrar of the Court.
After a case has been completed, a lawyer must provide immediately upon the request of the client, a detailed account of the work carried out in relation to the case and the fee amounts. When there is dispute between the client and the lawyer regarding the fee amounts, the client can apply to the Court’s Registrar to have the fee amounts calculated.
Regarding out of Court cases, lawyer’s fees are regulated under the Regulations on the Minimum Lawyers’ Fees (Out of Court Cases) of 1985. The Regulations specify that a lawyer must refrain from providing legal advice by telephone unless where it is a matter of urgency. In addition, a lawyer is obligated to inform the potential client beforehand, regarding the fees and to keep the relevant fee charges posted at the lawyer’s business premises.
The Regulations specify the minimum fees for out of Court cases, such as drafting agreements, wills, power of attorney documents, promissory notes as well as corporate services. In determining the fee amount, the lawyer shall take into consideration, among other factors, the complexity of the case, the legal issues raised, if the work is carried out at the lawyers business premises or elsewhere, the time required to carry out the work, the nature and value of the subject matter. In case of a dispute between the lawyer and the client regarding the amount of fees, the lawyer should first seek to reach a compromise with the client, and if such a compromise is not achieved, the lawyer can request for the fees to be certified by the committee of the Cyprus Bar Association.
According to the regulations on the code of conduct applicable to lawyers in Cyprus, a lawyer may request an up-front payment of part of the fees. This amount shall include a reasonable estimate of the fess amount required for completion of the case.
In addition, a lawyer is obligated to inform the potential client of the right to apply for Legal Aid, where the type of case and the relevant circumstances fall within the ambit of the relevant Law.
This article is given for information purposes only and it does not constitute legal advice.