Lawyers in Cyprus – When are they mandatory by law
Firstly, they need to be registered as a lawyer in accordance with Cap 2. Secondly, they must have in effect the annual license to exercise the profession issued from the Cyprus Bar Association. Thirdly, they must not owe any amounts due to the Cyprus Lawyers Pension Fund.
If the above criteria are cumulatively satisfied, lawyers in Cyprus may “practice law”. We come now to the definition of “practicing law” in Cyprus.
Under Cap 2, to “practice law” means any of the following:
- The appearance of a person before the Court for the purpose of representing a party before the court. This does not trump the right of a person to represent himself or herself at court. However, only Cyprus lawyers can represent another party at Cyprus court.
- The preparation or the perusal of any pleadings on behalf of a client. This generally means that only a lawyer may prepare pleadings on behalf of someone else – again, the right of self-representation is not affected.
- The process of registering a trademark or patent and the submission of the application to the administrative authority. Therefore, in case a person wishes to file for a trademark or patent, it is imperative that they use lawyers. In Cyprus, an example of a trademark would be an application for a specific logo and design to be submitted for registration at the relevant authority. That is, the Registrar of Companies.
- Furthermore, lawyers in Cyprus are required for the compilation, revision or amendment of any memorandum of association or articles of association of a company, or any form of application, report, statement, affidavit, decision or other document which is related to the establishment, registration, organisation, reorganisation or dissolution of a legal entity.
The law mentions that persons who are not lawyers in Cyprus and who have compiled a memorandum or articles of association are guilty of an offence punishable up to a maximum of six months imprisonment.
- The registration of ships and the drawing up of any document which relates to the establishment, transfer, alteration or cancellation of any rights to a ship as well as the appearance before a competent authority for such purpose
- Cyprus Lawyers may prepare their opinion on any legal matter submitted to them.
- Drafting or perusing any other document which is filed at the Court for the purposes of administration of estates in accordance with the Law on the Administration of Estates of a Deceased.
In relation to all the above matters, in case a person “practices law” without being registered as a Cyprus Lawyer or without having in place an annual license at the time of practicing law, is guilty of an offence punishable up to a maximum of three months imprisonment.
This article is given for information purposes only and it does not constitute legal advice.