An advocate who is a national of a member state and practices as freelance professional or as a salaried person in a law firm in a member state other than Cyprus, can pursue the activities of advocate on a permanent basis in the Republic of Cyprus, under one of the professional (home-country) titles described herein the document entitled “Professional title per member state” in the related documents; provided that he/she is enrolled in a special part of the “Registry of Practising Advocates” in Cyprus by addressing to the Legal Council.
An advocate who is a Member State citizen may practise in the Republic under his/her home-country professional title jointly:
(a) in the same manner as the profession is jointly practised by Cypriot advocates with:
Notably, the professional title must be clearly stated in one of the official languages of the member state of citizenship.
The applicant is informed regarding the authorisation decision within three months by the Legal Council from the date the application form and supporting documents were dully submitted. Thereon, the applicant is enrolled in a special part of the “Registry of Practising Advocates” in Cyprus. Following the enrolment, , the advocate must become member of the Cyprus Bar Association as well as of the local Bar Association and must participate in their meetings with a voting right in the election of the various bodies.
Upon the completion of three years, in order to obtain licence for a permanent practice in the Republic of Cyprus, the advocate must submit the application for the issue of the annual licence to the Legal Council, along with proof of such professional activity for Cyprus law. The Legal Council shall decide on the application, which may verify the effective and regular nature of the activity pursued and may, if need be, request the advocate to provide, orally or in writing, further clarification or details on the information and documentation submitted.
Finally, in case an advocate proves that he has effectively and regularly pursued a professional activity in the Republic for a period of at least three years, but for a lesser period in Cyprus law, he may apply from the Legal Council admission to become equivalent as an advocate and gain full admission to the profession of advocate in the Republic. The Legal Council will decide on the application.
Obligations and Supervision
Irrespective of the rules of professional conduct and ethics to which he is subject in his home Member State, the advocate shall be subject to the provisions of the basic law and of the regulations or procedure rules issued under the Advocates Law or any other law which govern the legal profession, in particular, to those provisions referred to the incompatibility of other activities foreign to him, the rule of confidentiality, professional ethics, the prohibition to represent parties with adverse interests and advertising.
A Member State Citizen practises in the Republic of Cyprus under his home-country professional title, the advocate may employ the name of the grouping to which he belongs in his home Member State. Towards this end, the competent authority in the Republic of Cyprus and the corresponding competent authority in the home Member State shall collaborate and exchange information and documents by preserving confidentiality in their communication.
The failure by an advocate practising under his home-country professional title to fulfil the obligations of the basic law and of the regulations or procedure rules issued under this or other laws, shall form a disciplinary offence. Before initiating disciplinary proceedings against an advocate practising under the home-country professional title, the Disciplinary Board shall inform the competent authority in the home Member State accordingly as soon as possible, furnishing it with all the relevant details.
The Disciplinary Board shall cooperate throughout the disciplinary proceedings with the competent authority in the home Member State and shall take the necessary measures to ensure that the competent authority in the home Member State can present its arguments before the Disciplinary Board.
Cyprus Bar Association
11, Florinis Street, Office 101
E-mail : cybar@ cytanet.com.cy