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By Antonis Loizou F.R.I.C.S. – Antonis Loizou & Associates Ltd – Real Estate Valuers & Estate Agents
Amongst other matters which either require investigation or are under one, is the standard of our professional advisors (legal as well as other professions). The vast majority of professionals, we say, are okay, but certainly there are some below standard and others of a top quality.
So, the question is how are people (foreigners in particular) to know who is who? We are often urged by the letters and emails we receive to prepare a check list and place marks as British universities do. That would be great, but then we will run into trouble with all sorts of law suits, let alone that we do not know professionally everybody in all professions.
Over our 37 years of experience in Cyprus, with numerous cases been involved in legal disputes as an expert witness in real estate matters, we came to know all sorts of standards by the advocates, as well as of course in any other profession, including ours.
• Whichever advisor you are to appoint, agree beforehand the fee which is to include the never-ending postponements by the courts (due mainly to the prevailing system). In our case we have had, it was postponed say ten times (“quite normal”!!) for hearing and we got a fee charge of EUR 1,500 + VAT (approximately EUR 150/postoponement). Since a postponement can be sought by either disputing advocate’s side normally represented by trainees advocates staff, who are normally paid (at best) EUR 1,000 a month, it is easy money (if a trainee gets 30 postponements p.m. you do appreciate that either side gets a free income).
• Referring to legal matters before your hearing make sure that you have several meetings with your advocate and other witnesses of your own and make a mock trial, Q+A, so that you are exposed to the other side’s arguments.
• Do not get embarrassed to suggest a Q+A to your own consultants in order to make sure that they know the case and your point of view.
• If you can afford it, have an interpreter (if foreign) in court who can fill you in on the proceedings and the goings on.
• Do not feel embarrassed to fire your advisors you have (including valuers, such as us) if what you were promised/assured, etc. do not come true.
• Duty of Care and Due diligence is a must by all. So, in the event that you notice such diligence does not happen, even after a court decision is made you might have a claim against your consultants. A recent High Court case against an advocate for not doing what he was supposed to is an example for us all (he had to pay damages to his clients).
• There are other “events” from all sorts of consultants which if we dare to say we will have the various professional bodies against us (see the last Coroner’s report on a murder trial).
So find the best, we say, but usually those best come at a high cost, regrettably. There are professionals and others who are fighters and those who are passive, but remember always that in legal battles more often than not, it is a matter of compromise, since the other side must also be heard. In one of our divorce cases in the U.K. High Court, we prepared a claim, but our client, purposely, missed our vital information which turned the case upside down.
If you are to choose a young advocate/professional who wants to build up his clientele and a “good” name, it is an option, but then, has he the knowledge and capability to do it?
At the end of the day, an advisor is as good as the material you provide him with, as well as the quality of the witness (and of course himself). In one case at Coral Bay, the buyer in order to prove wrong construction due to dampness was watering the external walls, causing them to have dampness. This we did not know (we were appearing as an expert witness on his behalf), but alas, the neighbour told the court that he saw was doing it! So – we lost the case. In another case, 12 years ago the civil supervising engineer was on “the take” from the constructor. Our client duly sued the constructor with the latter to appear with photocopied cheques to the supervising engineer who was appointed by the client.
Coming back to the better known names in the professions, we have had several cases where the known name never appeared and the job was represented by young recently qualified staff. Our client lodged a complaint but the “name” said that you have appointed my office – not me personally. A similar situation exists with architects when the supervision is done by the young and inexperience assistants.
So, there you are.
www.aloizou.com.cy [email protected]
