Changing lawyers in Cyprus: is it possible to refuse the services of a lawyer during legal proceedings?

Changing lawyers in Cyprus during legal proceedings is an important legal issue that is governed by both civil and procedural law in that country. Issues related to terminating a lawyer’s services and replacing them at a later stage of legal proceedings involve both the rights of the parties and the lawyer’s responsibility to their client.

Legislative regulation

The Constitution of the Republic of Cyprus is the fundamental document that guarantees every citizen’s right to protect their interests in court and to receive legal assistance (see Article 30 of the Constitution of Cyprus).

The Civil Procedure Rules (CPR) of Cyprus are the main procedural document that regulates the rules for conducting civil cases, including the process of replacing a lawyer. In particular, Rule 36(2) of the CPR gives the parties the right to notify the court of a change of representative. This is also described in section 12 of the CPR, which regulates the filing of motions and notices with the court.

The Law on the Bar (Law No. 12/1961) regulates the status of lawyers in Cyprus and their obligations towards their clients. The law defines the obligations of lawyers when terminating their relationship with clients and the need to transfer all documents to the new representative.

The Legal Aid Law (1973) regulates the provision of legal aid in Cyprus, which also concerns the client’s right to change lawyers and receive appropriate services.

Right to change lawyers

Cyprus law grants parties the right to change lawyers throughout the entire legal process. According to Cypriot law, the process of replacing a lawyer is possible at any time, provided that it does not violate the rules and deadlines set by the court for filing various motions, appeals, and other procedural actions.

According to the Cyprus Code of Civil Procedure, in the event of a change of lawyer, the client is required to notify the court of their decision. This notification must be made in writing, accompanied by a document confirming the new choice of representative.

Rights and obligations of the parties when changing lawyers

One of the key aspects to consider when changing lawyers is the right to defense. The law guarantees each party the opportunity to exercise their right to qualified legal assistance, which includes the possibility of changing lawyers. However, in some cases, the court may impose restrictions on the frequency of changes in the parties’ representatives if such changes could delay the proceedings.

An interesting example is when corporate clients need to protect their interests in international markets. In such cases, lawyers may be changed during the trial to improve the client’s position based on an in-depth analysis of the laws of other countries or in the event of unforeseen circumstances requiring a different specialist qualification.

Thus, changing lawyers in Cyprus during court proceedings is possible, but it is subject to strict procedural rules and judicial practice. The parties may change their representatives at any stage of the proceedings, but this process must be properly formalized and agreed with the court so as not to affect the normal course of the proceedings.