Lawyers say, pay the ransom or your villa gets it!

Saturday, October 10, 2009

By Malcolm Channing

Lawyers by Honoré Daumier

Well I was going to call the article “TRNC Bar Council conference 9th Oct 09″ but I could hear the yawn a mile off. There was little hope at the conference for those with property problems except that the fact the meeting was held at all reinforced the feeling that lawyers were worried about the poor reputation they had in the eyes of homebuyers. They also confirmed the uselessness of the contracts they wrote for considerable sums of money by saying that rather than homebuyers trying to get the builder to do what it said, they should instead pay the ransom they demanded in order to get their deeds.

It was just like when the Property Complaints Office was opened and the government of the time promised a better future, and we know what happened to the PCO. In a roundabout way the lawyers blamed the British colonists for leaving them with ineffective 50 year old laws which the law makers obviously hadn’t been given enough time to change. They also gave the impressions that BARO was unable to control its members or even to set professional standards for them to follow. There is plenty of evidence that the legal profession is good at protecting its own members but very little that it can protect its clients.

After the meeting Cyprus44 forum member Elko2 wrote, “I have just spoken on the phone to the General Secretary of Baro and he told me that fax messages have been flooding in.” FAX! Who on earth has a fax? I can still remember that little phrase my own lawyer used so often, “sorry I can’t see you, I’m in court in a few minutes.” This worked until the time I discovered the courts were closed that day.

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This entry was posted on Saturday, October 10th, 2009 at 4:19 pm and is filed under Law. You can follow any responses to this entry through the RSS 2.0 feed.

Feyzi Hansel

10/10/2009 at 7:03 pm

All the day, I have checked the daily newspapers, the comments on Baro, the forums page of Cyprus44 and the above article and I have made some telephone calls even with my advocate colleagues, the chairman of the Baro Mr. Sözmener and Mr. Ustuner (Elko2). I am aware of the reputation of the lawyers as the general secretary of the Baro. I am aware of the problems of the foreign home buyers. If everybody wants to hear a sorry from Baro, I can say on behalf of the Baro, “Sorry for all the troubles arising from the lawyers.” What will change? Will your problems be solved? Unfortunately no. Yes I am aware of some of my advocate colleagues did mistakes. I know that there are too many complaints pending before the disciplinary board. I want to inform you that the disciplinary board is still working on complaints. I think in a reasonable while, some disciplinary actions will come to end, and the disciplinary board will make decisions on some disciplinary cases. Despite all these efforts of our Boards, your problems will still remain the same. It’s true that the Bar Council have to defend its members rights on one hand; and we are working to achieve this aim. But we are also responsible to defend the clients’ rights against the advocates because of our ethical responsibilities on the other hand. For this reason we have prepared a new Advocates Law and have sent it to the Council Of Minister and the Legislative Assembly three or four months ago. I hope, it will be passed before the new year. By the way, the disciplinary board will gain new practial and operative functions which will result in effective disciplinary judgements and faster disciplinary procedure. Let me give my e-mail account: feyzihansel@gmail.com
Please feel yourself free to write me.

Feyzi Hansel.
General Secretary of the Bar Council.

Constructive or Abusive: 0 0

#215

YIANNIS SAVVIDES savvid

11/10/2009 at 9:43 am

No comments I see !
I find it rather amusing that intelligent people , not all but some, expect the “judicial system” in the occupied part of Cyprus to be …impartial and to function in a legal and professional manner !!
Do they not realize that this “regime” is administered by Turkey who has brushed aside any commitment to legality by the fact that she continues to illegally occupy a part of Cyprus.
The T/Cs , the few that are left, are now officially referred to as Cyprus Turks to the resentment and frustration of the indigenous to Cyprus T/Cs who see their true identity disappearing and superseded by that of the settlers.
To honestly expect the ” legal” profession in the occupied part to be anything other than corrupt , manipulative and incompetent is indeed a fallacy . Its time for the wake up call !!

Good Contribution. Constructive or Abusive: 1 0

#218

Richard Gray

11/10/2009 at 11:16 am

I have a fax and sent one to the Bar Council! Lets see if they reply!

#220

Martin Marancos

12/10/2009 at 11:42 am

Dear Mr Savvides

Thank you for your comments BUT I would suggest that those who live in glass houses should not throw stones. British Ex Pats living in the South are now trying to organise themselves like the Brits in the North so that they can collectively complain about Greek Cypriot Builders AND Lawyers. Get off your high horse and smell the bullshit.

Good Contribution. Constructive or Abusive: 2 1

#225

yiannis savvides

12/10/2009 at 3:39 pm

Huge difference here my dear , may I say friend.
The British Ex-Pats living in the RoC first of all have the freedom of speech to condemn and criticize , to sue and pursue corrupt builders / developers without encountering the risk of being harassed by the system that considers a complaint against the legal profession as a criminal offense !!
I’m indeed exhilarated to say the least that the Brits in the free part of the RoC are organizing themselves and taking appropriate action , where circumstances demand , to pursue and prosecute with sufficient means at their disposal,through the EU for instance , builders and developers who have acted without due care and attention and have contrived amongst the themselves in offering in many cases very poor service to their clients.
I, for one , agree with any legal action taken not only by British living in the RoC but by any citizen of the RoC in need of protection under the law for any matter.
Let me put you straight about one thing , I have never said that all in the RoC are perfect anymore than they are in any other country , the difference however from the “trnc” is that pursuance of satisfaction through the legal channels is not only protected by the state but encouraged also whilst in the pseudo state such pursuance is a criminal offence , now who should get off his high horse Sir.

Good Contribution. Constructive or Abusive: 2 0

#227

13/10/2009 at 11:50 am

I think it fair to say that the British Ex Pats on both sides have been identified as ” FairGame” by Developers and Lawyers alike. To say that the pursuit of justice through the courts in TRNC is an illegal offence is a nonsense. Just as difficult as the pursuit of justice in the South maybe, but not illegal. I’m afraid to say you still appear to be living in your glass house.

Constructive or Abusive: 1 1

#233

ALAN HANS

13/10/2009 at 2:02 pm

“Yes I am aware of some of my advocate colleagues did mistakes.” Mr. Hansel..
Mr. Hansel are you joking? Mistakes?
Some are corrupt. Mr. Hansel
What about Judges?

#235

13/10/2009 at 2:05 pm

They are more corrupt than solisitors.

#236

13/10/2009 at 2:22 pm

Sir , I think you will find that open criticism of the legal profession in the “trnc” is a criminal offence , why don’t you try it !
What I did say is this :”the system that considers a complaint against the legal profession as a criminal offense !! ” and not as you have posted:
“”To say that the pursuit of justice through the courts in TRNC is an illegal offence is a nonsense.”

#237

Malcolm Channing

13/10/2009 at 2:40 pm

If it is, people don’t take much notice of it. For example read this criticism of Sener Law Firm – http://www.cyprus44.com/forums/22785.asp

#239

Campbell Thomas

13/10/2009 at 3:07 pm

Mr Feyzi,

Does your disciplinary board comprise lay members with no connection to any law firm in the north of Cyprus?

#243

16/10/2009 at 5:29 pm

Dear Mr Savvides, and I quote
“the difference however from the “trnc” is that pursuance of satisfaction through the legal channels is not only protected by the state but encouraged also whilst in the pseudo state such pursuance is a criminal offence”

Smell the Bullshit

#275