Michael Vorkas: E-justice needs to be a tool and not a hassle

Michael Vorkas, President of the Cyprus Bar Association (CBA), explains the critical importance of making coordinated efforts to enhance the local justice system, elaborates on the imperative need for further reforms and shares the CBA's broader vision for the legal sector.

The rollout of the e-justice system, costing €6 million, failed due to technical issues, pushing the project's completion to 2025. What can you tell us about it? Is it feasible or just a utopian dream?

I will not position myself as to whether the project is ‘utopian’ or not. What I can say is that the legal world recognises electronic justice as being a significant gear in the wheels for changing the judicial system. However, this electronic system has to be fully developed so as to incorporate all judicial processes used in Court; it must be robust and not prone to failure. It needs to be a tool and not a hassle if it is to achieve a faster and more dynamic delivery of justice. The CBA, with its clear and unprejudiced perspective, has managed a position in the steering council of the said project and is now considered as a major stakeholder for matters concerning the design, development and implementation of the e-justice system – thus bringing the CBA closer to decision-making about issues that influence the legal profession. We remain humble towards the changes and have devoted the necessary time and effort to make things work for the benefit of lawyers but, to our disappointment, the system failures have not yet been fully addressed. Hence, we remain vigilant and hands-on as regards developments but we will not hesitate to underline wrongs if they happen or even to take difficult decisions, in order to protect our members and justice.

According to the European Commission’s 2024 Rule of Law Report for Cyprus, the perception among experts and business executives is that the level of corruption in the public sector remains relatively high. How would you assess the role of the Independent Authority against Corruption (IAAC) so far and what is your view on the public's trust in Cypriot justice?

The IAAC in Cyprus, a relatively new institution, has been actively working to combat corruption, despite facing significant challenges. The IAAC has increased its resources and expanded its monitoring activities but its long-term impact on public trust remains to be seen. We advocate for expanding the IAAC's powers to include investigative authority. This expansion must be accompanied by the appropriate personnel, trained specifically in investigating corruption offences, utilising both international and local experts. To ensure efficiency, the expansion of these powers must be carefully planned. This planning should ensure that all necessary personnel, administrative support, and technical and forensic expertise are in place. This comprehensive approach will enable the IAAC to effectively address complex corruption cases and uphold public confidence in its operations. The Cypriot justice system has also undergone significant reforms, including major updates to the court system and new civil procedure rules aimed at improving judicial efficiency. However, the system still faces delays, particularly in higher courts, which affects public confidence. Despite these challenges, the overall level of justice in Cyprus remains high. Continued reforms are necessary, particularly to ensure the proper functioning of the e-justice system. This effort should be coordinated by the Supreme Court, the Ministry of Justice and the Deputy Ministry of Research, Innovation & Digital Policy, with the advice and cooperation of the CBA. A coordinated approach is crucial for enhancing the efficiency and responsiveness of the judicial system, thereby bolstering public trust.

Why does the CBA oppose the Government’s planned establishment of a single supervisory authority for Administrative Service Providers?

The CBA, acting in accordance with the Principle of the Rule of Law, encapsulated in Article 2 of the Treaty on European Union (TEU), has expressed repeatedly, both in writing and verbally, before the House of Representatives Committee on Legal Affairs, the proposal for a coordinating authority, with the express task of facilitating the performance of AML and Sanctions-related Authorities’ tasks, and enhancing the effectiveness of their respective efforts by presenting circulars on matters of common interest, and liaising with EU Authorities and with AML and Sanctions-related Authorities of Third Countries. The CBA repeats its willingness and readiness to discuss the above proposal within the ambit of an effective consultation process with the Executive and stakeholders. The CBA stands firmly with its European colleagues in safeguarding Legal Professional Privilege and the Principle of Legality via self-regulation, as is the case in a great number of other European countries, always in line with the legal principles laid down by the European Courts. Accordingly, any unilateral measure that is sought to be enacted without effective consultation, contrary to the principle of the Rule of Law, will give rise to queries as to their underlying rationale and legality.

How can practising lawyers be upskilled to meet the technological demands of the industry? How will growing digitalisation change the skills required by young lawyers entering the field?

It is necessary for lawyers of all ages to invest in their personal growth and development. In addition to seminars and workshops organised by the CBA and professional development organisations, there are endless opportunities and hundreds of skill development tools available: guides (in printed or electronic format), e-tutorials/courses, online workshops and video guides to name just a few. The biggest success stories of this century are those of self-taught individuals who have persistently invested time (and, in some cases, capital) in learning new skills. Most of the lawyers who are now entering the legal profession were born in the digital age. They have been exposed to, and have grown up in, a digitalised world. But, while most of them are considered digitally literate, the extreme speed of technological advances in the digital field may still outpace them, thus making the continuous development of digital skills essential for their success. They are aware of the need to keep up with ongoing changes and continue growing their digital skills to improve their efficiency, reduce their costs and ultimately compete on equal (or better) terms with their veteran colleagues.

On a personal note, how would you assess your presidency of the CBA until now? Which challenges have successfully been addressed and what remains to be done under your watch?

On taking over the presidency last October, I was from the start determined to emphasise that at the core of our efforts as a Council is the evolution of the CBA into a dynamic body that will protect the legal profession, giving it the prestige it deserves. This means responding to the needs that we acknowledge through daily communication with our members to improve their daily lives. The challenges that we face on a daily basis are many. Among our priorities and actions are the formulation of recommendations and promoting, implementing and resolving critical issues regarding judicial reform, including changes to the Civil Procedure Rules, the execution of court judgments, ensuring attorney-client privilege, increasing the volume of legal work, upgrading court buildings and technology, the construction of the new Nicosia Judicial Building, participating in shaping the final bill on arbitration and promoting the CBA Cyprus Arbitration and Mediation Centre. Furthermore, our focus is on modernising the professional code of ethics, restructuring the Advocates' Pension Fund and acquiring privately-owned offices for the CBA with the capability of creating a conference space. At the same time, in our efforts to elevate the role of the CBA at an international and European level, we have achieved broad participation in the Council of Bars and Law Societies of Europe (CCBE), with the appointment of our members to its committees and the election of the CBA’s Vice-president to the CCBE's Financial Affairs Committee. Similarly, we are strengthening our cooperation with the plenary of the Presidents of the Bar Associations of Greece, within which significant events will be held in the upcoming period. In 2025, the CBA will participate in a conference planned by the Athens Bar Association in collaboration with the Greek diaspora in America, Australia and Canada. Considering the continuous challenges that arise in the modern competitive environment, our goal is to provide our members with increasingly specialised training programmes. I would also like to note that our aim, as the largest professional and scientific body in the country, is to continue to promote actions that serve the public interest, either in cooperation with the Ministry of Education, Sport & Youth or other agencies and organisations.

This interview first appeared in the August edition of GOLD magazine. Click here to view it.