North Cyprus Advocates “do not have a duty of care”

Is alleged that, according BARO the body that oversees the legal professionals including Advocates, that they do not have ‘A DUTY OF CARE’; now this is a very rash alleged statement to come from this organisation. When an Advocate takes on a case and accepts payment, to then negate any responsibility for their actions, or inaction causes you, the client to loose out. When things go wrong, for Advocates to shout, ‘but I have no duty of care’ is to violate yet another of our human rights. The right to expect ‘due care and attention’ when that mistake could affect our our health, wealth and well being. We have to have recourse to have the offender brought to account and for us to compensated for their mistake or ineptitude. Anything less is unacceptable and totally contrary to natural justice. Every Advocate should have a statutory obligation to carry Professional Indemnity Insurance to protect against claims. In all developed countries this is standard practice and lawyers without this insurance would not be allowed to practice.

This country is littered with cases where the Advocate acting for them in a property transaction did not declare a conflict of interest in that s/he was also acting for the builder selling the property. Where Advocates acting for the purchaser did not declare a conflict of interest in that s/he is a director or shareholder in the building company their client is buying from. Whilst this is said not to be illegal here, it is a clear conflict and an ethical Advocate would not and, in developed countries, could not act for you in such circumstances. S/he has a clear duty of care to withdraw from the transaction.

Clearly, firm and fair leadership should come from the governing body and be consolidated by fair and just laws. It should be an offence to break the rules. The ultimate deterrent should be a real fear of being ‘struck off’. Whilst the legal profession are allowed to hide behind the idea that they have NO DUTY OF CARE nothing will change. It is a ‘cop out’ encouraged by those who should know better. There are no consequences and there should be.

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