Lawyers in Cyprus and their appearance before the Court

There are certain duties that Lawyers in Cyprus must perform when appearing before the court. In relation to the way a lawyer dresses, we have examined this in another article relating to dress code of lawyers in Cyprus before the Court.

Under the Cyprus Lawyers Code of Conduct, lawyers in Cyprus must bow when the judge enters the court room. This is a matter of courtesy.

In relation to the way lawyers in Cyprus address the Court, it is important that they hold the upright position (i.e. standing). The lawyer must address the court without having his hands in his pockets. Rhetorical ability is a skill which every lawyer must have when addressing the court. As the late Supreme Court Judge, Taki Eliades stated:

A lawyer in Cyprus must not forget that if caviar is not offered in an appealing way, then it may become appalling.

Lawyers in Cyprus must also remember that the language to be used in the court must be polite. For example, they must address the judge as “Your Honour”. Furthermore, they should not ask direct questions to the judge. This is so that they do not appear as giving directions to the judge.

Whenever a lawyer wishes to take any procedural step in the court room, s/he must ask for the permission of the Court. This is in line with the fact that lawyers in Cyprus should respect the court. Additionally, whenever a judge decides on a particular step in the procedure, the lawyer should immediately thank the judge. This is an indication of humbleness.

When lawyers in Cyprus come before the court they should be as comprehensive as possible. They should not embark in long speeches. Particularly at the stage of examination and cross examination of witnesses, they should be as comprehensive as possible.

In relation to the procedure taking place before the court, the lawyer should take notes. Furthermore, the lawyer should always carry with him the file of the case and must be aware of its content. This is required for many reasons. Firstly, it is a sign of respect towards the court. Secondly, it is a sign of respect towards the client. What will happen for example in case the court decides that the case should proceed to a hearing? The lawyer will not be ready with the result that the client will face negative consequences.

Two other matters disserving mention are that (1) lawyers should not sleep in the court room and (2) that lawyers should not shout at the judge or speak in a very loud voice. As the late Supreme Court Judge Takis Eliades puts it:

The general rule is that the lawyer should not shout when addressing the court, unless the judge is deaf. Also, in case the Court mentions to the lawyer that he cannot be heard, the lawyer must not start screaming or shouting before the court.

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