THE SUPREME Court decision by which a Paphos lawyer was made to pay €120,000 in compensation to a British couple for his professional negligence, was a victory for ordinary people. It was the first time that a lawyer had been found guilty of negligence by a Cyprus court, which sets an important legal precedent and paves the way for other people to take action against lawyers.
This is not to say there would be an avalanche of such cases as there are not many lawyers who would take a case against a colleague. The professional solidarity that exists among doctors – which is why it is almost impossible to sue a doctor in Cyprus for malpractice or medical negligence – also exists among lawyers, and it was a big surprise that the British couple found someone to take their case.
What makes matters worse is the fact that professional bodies in Cyprus operate more like trade unions, protecting members’ rights instead of ensuring that members always maintain high professional and ethical standards. Rarely is a member of the Bar Association or the Medical Association struck off the register for unethical behaviour or professional misconduct as is the case in many other countries. Need we mention the case of the doctor who was found guilty by a court of sexually assaulting a patient but was allowed to carry on practising?
The disciplinary boards of these bodies are toothless and more concerned with shows of solidarity than ensuring the good professional standing of the profession. We do not know of a case of a lawyer being disbarred and this is not because the island’s lawyers maintain high professional and ethical standards at all times. On the contrary, stories of professional misconduct and unethical practices abound, but the Bar Association rarely deems it necessary to bring lawyers before its disciplinary board.
At least now, people with serious complaints against lawyers can go the courts. It may be a long-drawn out and costly procedure but the Supreme Court ruling has shown that lawyers cannot always get away with sharp practices. Dishonest lawyers may think twice about deceiving clients or selling them short from now on. In other words, the ruling could raise professional standards and reduce sharp practices by lawyers, which is more than the Bar Association has ever done.
This is why the Supreme Court must be congratulated for its decision. But the biggest praise should go to the British couple who took on the lawyer, whose negligence had wrecked their lives, and did not give up the fight until justice was done. They set a glowing example for all of us.
