In Romania, the lawyer profession is regarded as independent, free, and it is settled as provided by the Law 51/1995, which regulates the organization and the practice of the profession, also the Code of ethics for its professionals. The lawyer profession organization, functioning and administration are autonomous.
The fundamental principles on which the profession is build upon are: Principle of freedom, independence, Principle of legality, Principle of autonomy and decentralization, also the principle of keeping the professional secrecy.
According to the Romanian law, one person can become a member of the Bar when meeting the following criteria:
1. The person has to be a Romanian citizen residing in Romania, having civil and political rights and not practicing an authorized or waged profession in another country.
2. Graduating from law faculty or having a PhD in Law.
3. Not being involved in any case of indignity stipulated by the law.
After graduating from the exam organized by the Lawyer's Bar in the residing area of the applicant, and after admission, the lawyer receives the title of lawyer trainee. The training period is compulsory and lasts for 2 years. The trainee may only draw conclusions at court and may assist or represent the parties before the prosecution bodies. According to the law, the trainee may also assist authorities with jurisdictional attributions, public administration bodies and institutions, public notary, bailiffs, as well as other legal entities.
One can freely choose his lawyer, and nobody can impose to a person a certain lawyer. The client-lawyer relationship is based on honesty, rectitude, loyalty, confidentiality and probity.
The Romanian law gives attorneys the right to choose the form in which to exercise their profession. The activity of a lawyer regarding a client requesting legal advice is grounded on a closed written contract, and it is dominated by the principle of contractual freedom. The attorney is obliged to keep professional secrecy on every aspect of the given case.
The lawyer has the role and obligation to defend the rights, liberty and interests of the client. According to the article 113 from the Ethics Code of the lawyer profession: “the lawyer can only act in the limits of the contract signed with his client, except the cases foreseen by law”. Nevertheless, the lawyer has the right to give up the legal assistance contract or the modify its terms in mutual agreement with the client. The attorney cannot be named as a witness and cannot provide information to any authority or person regarding the cause he is representing, unless he has the written permission of the client.
The 51/1995 Lay states that these are the forms in which the lawyer profession may be organised: individual law offices, associated law offices, professional limited liability societies or professional civil societies.
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