During the course of our lives, we will definitely need the assistance of a legal consultant on numerous occasions, either for a reason such as buying a home, establishing a new business or protecting a new idea, or for more complicated matters such as accident claims, medical negligence, property disputes, personal disputes and so on. Legal issues are a part of everyday life and it is very important to learn how to deal with them efficiently with the help of smart planning and the assistance of the right legal consultants. Based on my experience, the following are the most common legal issues on which advocates in Cyprus are being asked for advice.

1. Formation of a New Legal Entity (Company

Incorporation)

During the initial stage of setting up a business, it is highly recommended that new Legal Entities obtain legal consultation from an accredited law firm with

experience of business and tax law issues. What happens in the initial stage

will follow the operational life cycle of the company's business development

and corporate obligations.

Therefore, with the assistance of legal consultants:

2. Intellectual Property

Fearless competition, cross-border transactions, constant availability of information and development of businesses abroad have established a new reality and prerequisite regarding the protection of intellectual property rights.

The registration of Intellectual Property such as trademarks is a business

investment that should not be neglected since it adds value to the services /

products of a business and provides instant recognition and differentiation

from the competition. Subsequently, the registration of Intellectual Property

rights is highly recommended, and the process must be supervised by a law firm with experience in this matter, in order for the proper guidelines to be

implemented on both a national and international level.

3. Employment Law

The relationship between employer and employees should always be well-defined and secured through an employment contract, since a dispute between the parties may turn into a major legal liability. With an employment contract in place, the business code of conduct is specified, the parties know their rights, responsibilities, tasks and evaluation methods. With the relationship properly established, all the parties know exactly where they stand.

4. Real Estate - Property Sales and Purchase Contracts

The sales purchase contract is the most important document in any transaction, since it outlines all the rights and appropriate actions to be taken, should a dispute arise, and documents all the possible risks that may lead to a

disagreement. A real estate property acquisition requires significant

investment.

Consequently, it is essential that the drafting of the contract agreement to be undertaken only by legal advisors, who are responsible for safeguarding the interests of all the parties involved and ensuring that the terms and conditions are fully compliant with the provisions of the legal framework that governs the

jurisdiction in which the transaction takes place.

Furthermore, a law firm can act as a mediator and provide escrow services until the completion of the business transaction, meaning that the law firm will be responsible for overseeing the transaction progress and only when all due diligence has been performed and the terms and conditions are satisfied, then, upon the instructions of the client, will it proceed with the release of the funds and complete the transaction.

5. Commercial Contracts

We all deal with commercial contracts, either oral or written, as part of our

daily routine. As mentioned above, a contract is a legally binding agreement

that should always exist when two or more parties are forming a business

relationship of any kind, no matter the size of the entity or the value of the

deal. It is advisable to spend some time with your legal advisors and draw up a

proper contract, to limit any future disputes and drawbacks that will affect

your future business operations.

A properly drafted contract agreement should clearly state the obligations and rights of the relationship between two or more parties, as well as define the nature of the relationship, its duration, the tasks of the parties, confidentiality and other important aspects.

6. Tenancy Issues

The laws governing the relationship between a tenant and landlord have recently been amended in Cyprus, in order to change what comprised a series of time- consuming legal processes that a landlord needed to go through in order to evict tenants who violated their agreed responsibilities and to recover

outstanding rent. But it has always been essential to have a well-structured

lease agreement, which clearly addresses all possible future scenarios that may lead to a dispute, states the responsibilities and rights of each party, as

well as the timeframe of the agreement.

I would like to emphasize on the importance of tenancy agreements between private owners and legal entities. In my opinion, the appointment of an expert legal consultant should be required in order for property owners to avoid the

unfortunate consequences of the discontinuation of business operations on the part of the legal entity or lack of financial collateral.

7. Loan Restructuring

Loans, mortgages and debts can frustrate and fill people with anxiety. Trusted lawyers / certified liquidators and insolvency practitioners will examine whether legal entities and/or physical persons have the ability to repay and may provide several consultative restructuring plans that aim to activate the appropriate debt dealing mechanisms, i.e. through restructuring or by lengthening the repayment period of the amount or exchanging the debt for a real estate asset, etc.

8. Divorce

The dissolution of a marriage is, of itself, a very stressful process and becomes

even more stressful for the parties when children are involved. It is,

therefore, essential to have a trusted lawyer who will help in all the required

procedures, including the maintenance of children and spouse, custody issues,

the division of family assets, etc.

9. Accident Claims

Being involved in a motor accident, even a minor one, is not always as

straightforward as it initially seems, and disputes may arise between the

involved parties. Therefore, legal representation is a necessity to avoid

possible discrepancies and ensure that, where relevant, you receive the

greatest possible compensation. Besides calling for medical assistance for any injuries, you must contact the police, your insurance company and your lawyer, so as to properly protect your legal rights.

Moreover, it is of equally great importance that you take your own photos, not move your vehicle until the police and the insurance company are on the scene and note the full contact details of any witnesses to the accident.

10. Medical Negligence

In recent years, there has been an increase in the number of cases of alleged

malpractice and/or liability (cases of medical negligence). People are more

aware than ever of their right to question the quality and the result treatment

that they or a family member have received and to act accordingly. For an

incident to be characterized as medical negligence, certain conditions must be

met.

According to the relevant regulatory and legislative framework, in civil cases, the components of a three- part test should be established and proven on the

balance of probabilities, whereas, in criminal cases, considering medical

negligence-related convictions, the standard of evidence that needs to be met is "beyond any reasonable doubt".

Medical malpractice incidents are rarely deemed to be black and white cases, since they may be based on subjective and contradictory opinions, different types of medical practices and techniques, lack of diagnosis, medical misdiagnosis, surgical error, anaesthesia error, unforeseen events and many other factors.

Therefore, it is prudent, when such incidents occur, to seek the assistance and

consultation of a law firm experienced in instances of medical negligence, in order to fully discuss the case and possible action. In general, whether an

individual or a business, it is wise to seek legal advice on matters that

involve relationships with third parties, so as to safeguard your rights.

An experienced law firm has the knowledge and know-how to proactively delineate the status of relationships and assist in the prevention of disputes.

Author: Michalis Economides, CEO | Advocate & Legal Consultant of Chambersfield Economides Kranos Law Firm