Bar association fines lawyer for misconduct

Members of the MRISG will not be surprised by this article as Emily Lomoniati was MacAnthony’s preferred lawyer in Cyprus.  To preserve it for the future the whole article has been copied here for your information. Complete with comments lest Emily Lemoniati has the article and content removed from the web.
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Cyprus Mail

Published on March 11, 2012  See The Cyprus Mail for the Original Story


THE Cyprus Bar Association (CBA) has this week fined Paphos lawyer Emily Lemoniati €1,000 for misconduct after she failed to register her clients’ 2005 property sales agreement, then waited three years to amend, sign and file a new contract without her clients’ instructions.
Lemoniati’s clients, Scottish expats Andrew and Patricia McClay, complained to police in 2009 but it has taken the CBA’s disciplinary board until now to reach a verdict on the two charges of “showing conduct contrary to the advocates’ profession”.
The first, according to board president and Attorney-general Petros Clerides, was for failing to register the sale agreement for the McClays’ home, dated 25 October 2005.
The second was issued because, on or around 21 October 2008, Lemoniati used a power of attorney given by the McClays without their instruction, to issue a sales agreement of which they were not aware.
Board chairman Doros Ioannides said: “It is clear that the accused lawyer breached her clients’ instructions and breached the code of professional ethics and therefore we find her guilty on the said charge.”

He also said: “It is with great difficulty that we do not impose to Ms Lemoniati the highest sentence, that of the deprivation of her licence to perform her profession and we only impose a monetary fine that of €1,000.”
It is unclear why Lemoniati delayed the registration of the original document.
Andrew McClay, who has since returned home to Scotland, said: “The guilty verdict is out there but the sentence is disappointing. I took her to court because she’d broken the law and forged the property contract… that fine is not really very much is it?”
However, a defiant Lemoniati fiercely denied any wrongdoing, adding that that the McClays suffered no loss and that she was acting in her clients’ interests all along by using her power of attorney.
She told the Sunday Mail: “I simply don’t care (about the judgement) because I didn’t steal money or do anything unethical. I registered the contract with a slight delay…of a few months… only to safeguard my client.”
Her vehement denial also seems to have alarmed the board.
Ioannides wrote in the board’s meeting minutes: “It is with great surprise that we have noticed that what Ms Lemoniati stated, does not constitute mitigation or any other apology towards the Disciplinary Board but rather stigmatises the persons who made the complaint and which in any case, the Disciplinary Board found her guilty.”
He added: “What the Disciplinary Board expected from Ms Lemoniati, was at least to apologise to the complainants.”
Instead, Lemoniati said she would now appeal the board’s “unfair” decision and sue McClay for defamation, after he allegedly commented about her on a website based in the north.
McClay denied ever commenting on such a website about Lemoniati.
It is not the intention of Mr McClay to get justice.” Lemoniati said: “He just wanted to make a problem for me… He made comments on a north Cyprus website mocking me because I could not come (to a disciplinary board hearing) when I was pregnant… where is the respect?
Her name now appears on several websites, such as: www.ripoffreport.com, whatswrongwithcyprus.eucy.info, bewarepaschalicyprus.com/ and several chat forums, where details of her previous conviction, imprisonment and subsequent presidential pardon for driving offences can be found.
Moreover, she claimed to have more than 15 people ready to testify against McClay: “This is ridiculous, this person is insane. Maybe he has a personal issue with me. He does not care about his wife… he has a mania about Emily Lemoniati, every morning he wakes up and his intention is Emily Lemoniati.”
I will chase him until the day he dies… no matter what. I’m going to make his life a nightmare.
Asked if he would continue to pursue Lemoniati, McClay said: “I don’t think so. It seems like a complete waste of time and money and there’s nothing to be gained. It’s just more grief and hassle that we don’t need.”
“The guilty verdict is out there” he added.

Comments

Alan Meredith · Top Commenter
“It is with great difficulty that we do not impose to Ms Lemoniati the highest sentence, that of the deprivation of her licence to perform her profession and we only impose a monetary fine that of €1,000.”

Says it all, doesn’t it?
Reply · 21 · · Sunday at 1:31am

Tom Banigan · Top Commenter
A slap on the wrist which will just encourage other dubious solicitors to treat their clients with contempt. Another major gaffe by the AG, I’m sure that nobody will be surprised.
Reply · 16 · · Sunday at 1:33am

Spanner Works
This has nothing to do with the AG, it is a Cyprus Bar Association matter.
Reply · · Sunday at 3:07am

Pat Brambley · Top Commenter
She should be taken to task for the threat she made ““I will chase him until the day he dies… no matter what. I’m going to make his life a nightmare.””
Reply · 8 · · Sunday at 3:33am

Tom Banigan · Top Commenter
Spanner Works, Is it not the case that the AG is a member of the bar association disciplinary board ?

“3.2 The Disciplinary Board is composed of the Attorney General as Chairman, the elected President of the Bar Council of the Cyprus Bar Association and five elected advocates of not less than fifteen years of practice “.
Reply · 8 · · Sunday at 3:55am
View 2 more

Tom Banigan · Top Commenter
Furthermore, in Cyprus, who you know……is more important than what you know

http://whatswrongwithcyprus.eucy.info/?tag=emily-lemoniati
Reply · 14 · · Sunday at 1:46am

Pat Brambley · Top Commenter
I was about to paste in the link to this for you Tom! She is probably applying for another Presidental Pardon as I type this!
Reply · 6 · · Sunday at 3:30am

Andrea Iacovou Mentzel · Top Commenter · Hudson Community College
Tom…..very true..also a lot of Mafia going on in Cyprus as the stories I hear.
Reply · 5 · · Sunday at 4:43am

Gwyn Jones · Top Commenter · Director at SUMO Paint
3 years later, to file an amended sales contract?
7 years later, to get a verdict on lawyer misconduct?
Do they have their title yet, by any chance?
Apparently, the wheels of Cyprus justice and real estate titles turn exceedingly slowly, but barely grind at all.
Reply · 11 · · Sunday at 4:52am

Achilleas Philippides · Top Commenter
Ms. Emily Lemoniati broke the professional code of her profession and the law at the same time and instead of being in jail right now, she is free and even accusing poor Mr. McClay saying nonsense about his wife and chasing him.
Only in Cyprus you can find such irresponsible and stupid people with no sense of dignity…
Reply · 10 · · Sunday at 3:04pm

Malcolm Channing · Senior Examiner & Assessor at Oxford, Cambridge and RSA exam board
I guess the definition of someone who has a “mania” might be someone who says of a client that they would “chase him until the day he dies… no matter what. I’m going to make his life a nightmare.” Only an opinion, mind you, and in no way meant to infer that either the client or the lawyer are acting maniacally, your honour.
Reply · 9 · · Sunday at 1:51am

Brian Whiffen · Top Commenter · Erith College of Technology
this is only the tail end of a very long python, will the bar association have the guts to now follow up all the complaints regarding property ownership, …..don’t make me laugh… no they haven’t
Reply · 7 · · Sunday at 7:06am

Pauline Read · Top Commenter
Mr McClay, she may well chase you until the day you die, but console yourself in knowing you will never see her again after that, get your toasting fork ready Emily
Reply · 6 · · Sunday at 5:05am

John Andrea · Top Commenter · The University of Keele
The profession needs tighter regulation and perhaps more importantly the strict enforcement of that regulation. Progress has been made but it is too little too late. I would like to see complaints made to an independent body set up for that purpose.
Reply · 4 · · Sunday at 10:54am

Alan Meredith · Top Commenter
If EL had done to a Cypriot couple what she did to the McClays she would already have received justice, Cyprus style, by having her car burned or her business premises bombed.

Sometimes I think that we Brits could learn a lesson or two from the Cypriots.
Reply · 4 · · Sunday at 5:12am
scott stanfield· Top Commenter (signed in using Hotmail)
Alan you are dead right. Seeing as the law/government is on the side of the Cypriot lawyers/developers/land registry regardless, its about time us damned foreigners did start to act like the locals…………..
Reply · 1 · · Sunday at 7:16am

Pauline Read · Top Commenter
Why would a client need to respect the fact that his lawyer was pregnant, it is not an illness, any fool can get pregnant, you dont need a degree to do that. I assume Emily does have a degree, just a question Emily, cannot cope with any more Writs just at the moment.
Reply · 4 · · Sunday at 5:40am

Lena Lang Jamieson · Operations Manager at Terra e Mare
Okay, but what I find really interesting is that there are no qualms about naming and shaming this lawyer (which she should be- no doubt), but the gyno who molested his patients we can’t name???????
Reply · 4 · · Sunday at 3:05am

Cyprus Mail
@Lena lang Jamieson,
We did not name the Gynaecologist because to do so might cause further distress to his victims, whose identities could become known.
Reply · 5 · · Sunday at 3:23am

Lena Lang Jamieson · Operations Manager at Terra e Mare
Cyprus Mail That’s been said before, but what everyone is asking is: what about the women who have been seeing a gyno in Larnaca who are now wondering whether or not they have been victimized? That’s a point that has been made several times. But fair enough, the media have their policies.
Reply · 4 · · Sunday at 3:54am

Pauline Read · Top Commenter
Shakespeare advocated killing all the lawyers, proves how little things have changed, even the behaviour of the lawyers. In the North a certain lawyer is calling for a property victim to be deported, why? because she has the audacity to complain publicly. The same lawyer who was co shareholder with Mr Robb and has an oustanding European Arrest warrant outstanding. Now there’s a novel way of silencing your critics, deport them or accuse them of being Greek Cypriot propogandists and synpathisers, which he has. Has he never heard of cyberspace.
Reply · 3 · · Sunday at 5:02am

Maria Vic · The College at Braintree
I wonder how many victims on the North side would have the courage to do such a thing,only time will tell.Far too many sitting back with their heads in the sand thinking it wont happen to them. Some people fight for the good of many to come,will the many be thankful of the first fighters.? The guilty verdict is something to celebrate.Never give up,never give in to prove wrong doings for the good of other. Well done,.
Reply · 3 · · Sunday at 5:30am

Les Smith · The Open University
This woman who has publicly issued threats against her former client, in my view, should have her licence to practice removed for the rest of her life. Isn’t she expressing the very sentiments of the Mafia like organisations currently abusing the Cypriot people and others both North and South of the Island. The Law, in my view, shoud be the strength of a Country and give succour to the people. in Cyprus it appears to be just an epitaph of what once was. Who will write the eulogy I wonder.
Reply · 1 · · Monday at 6:11pm


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