Law no. 51 from June 7, 1995 for the organisation and practice of the lawyer's profession
Law no. 51 from June 7, 1995 for the organisation and practice of the lawyer’s profession
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CHAPTER I: General provisions
Article 1
(1) The lawyer’s profession shall be free and independent, based on an autonomous organisation and functioning, under the terms of the law and the by-law of the profession.
(2) The lawyer’s profession shall only be practiced by lawyers appearing in the Table of Lawyers of the bar they belong to, which is a member of the National Association of the Romanian Bars, hereinafter called U.N.B.R.
(3) The establishment and functioning of bars outside U.N.B.R. are forbidden. The documents for their establishment and registration shall be null and void.
Article 2
(1) In the practice of his/her profession, the lawyer shall be independent and subject only to the law, the by-law of the profession, and the code of conduct.
(2) The lawyer shall promote and defend human rights, freedoms, and legitimate interests of the individual.
(3) The lawyer shall be entitled to assist and represent natural and legal persons before the courts of law and other jurisdictional bodies, the criminal prosecution bodies, the public authorities and institutions, as well as before other natural or legal persons, who/which shall have the obligation to allow and facilitate the lawyer’s unhindered activity, under the terms of the law.
(4) Anyone shall be entitled to freely choose his/her/its lawyer.
(5) In the exercise of one’s right to defence, the lawyer shall have the right and obligation to insist in achieving the free access to justice, for a fair trial and within a reasonable time delay.
Article 3
(1) A lawyer’s activity shall be achieved through:
a) legal advice and petitions of legal nature;
b) legal assistance and representation before the courts of law, criminal prosecution bodies, jurisdictional authorities, public notaries and bailiffs, public administration bodies and institutions, as well as before other legal entities, under the terms of the law;
c) drawing up legal documents, and certifying the parties’ identity, the content and dates of the documents submitted for authentication;
d) assistance and representation of interested natural or legal persons before other public authorities, with the possibility to certify the parties’ identity, the content and the dates of the documents being drafted;
e) defence and representation, by use of specific means, of the legitimate rights and interests of natural and legal persons in their relationships with the public authorities, institutions, and any Romanian or foreign person;
f) mediation activities;
g) fiduciary activities carried out according to the Civil Code;
(on 01 October 2011, article 3, paragraph (1) letter G from Chapter I modified by article 85, point I from the Chapter V, section 3 of the Law no. 71/2011)
h) temporary establishment of companies’ headquarters at the lawyer’s professional office and registration of such companies, on behalf and at the expense of the client, of interest shares, shares, or stock of companies thus registered;
i) the activities stipulated under g) and h) may take place based on a new contract for legal assistance;
i1) special curatorship activities under the law and the by-law of the lawyer’s profession;
(on 31 March 2017 article 3 paragraph (1) letter I form the Chapter I supplemented by article I, point 1 from the Law no.25/2017)
j) any means and ways specific to the exercise of the right to defence, under the terms of the law.
(2) The activities stipulated under paragraph (1) shall only be practiced by a lawyer, unless the law stipulates otherwise.â€
(3) The lawyer is obligated to keep evidence of the papers drafted according to paragraph (1) letter c) and d), except for the papers drafted for assistance and representation, and must keep them in his/her professional archive, arranged depending on the time of their drafting. Within 3 days after drafting the papers stipulated in paragraph (1), the lawyer is obligated to register the operation with the electronic registry of papers drafted by the lawyers, according to paragraph (1) letter c) and d), in compliance with the procedure stipulated in the Rules for the organization and the functioning of the registry, approved by the Council of UNBR, under the penalty of not being binding against third parties.
(on 31 March 2017 article 3 paragraph (2) from the Chapter I supplemented by article I, point 2 from the Law no.25/2017)
Article 4
In the practice of his/her profession and in connection with it, the lawyer shall be protected by the law.
Article 5
(1) The forms of practicing the lawyer’s profession are: individual law offices, associated law offices, professional companies, or professional companies with limited liability.
(2) A qualified lawyer may practice his/her profession within the individual law office, alone or together with other collaborating lawyers.
(3) The individual law offices may associate for the purpose of jointly practicing the profession; the rights and obligations of lawyers, owners of associated law offices shall remain personal and may not be transferred. Accordingly, individual law offices may also associate with private partnerships.
(4) The individual law offices may group in order to create technical-economical facilities for the practice of the lawyer’s profession and shall preserve their individuality in their relationships with the clients.
(5) A professional company shall be established by two or more qualified lawyers. Collaborating or remunerated lawyers may also practice their profession in a professional company. The professional company and the lawyers practicing within it may not provide legal assistance to persons having conflicting interests.
(6) The grouped law offices, the associated law offices, the professional companies and the professional companies with limited liability may also have a joint property.
(7) The lawyer may change the form of practicing the profession at any time, provided he/she notifies the bar to which he/she is registered.
(8) The lawyer may not practice his/her profession in several forms of practicing, at the same time.
(9) The forms of practicing the profession may only be alienated by means of inter vivos agreements, only between qualified lawyers and currently in the practice of their profession, or may be liquidated on termination of the capacity, with the observance of the regime of the investments regulated by the present law.
(10) When establishing the forms of practicing the profession, the lawyers have the right to establish the assets dedicated to the practice of the profession, under the law, in compliance with the regulated procedure for the establishment of the electronic Registry for the record of the dedicated assets of the lawyers, according to the conditions set forth by the Council of UNBR through the Rules for the organization and functioning. The registration with the registry is legally binding against third parties, under the law.Â
(on 31 March 2017 article 5 paragraph (9) from the Chapter I supplemented by article I, point 3 from the Law no.25/2017
Article 6
(1) The professional company with limited liability is the company holding legal personality, established under this law and the by-law of the lawyer’s profession, by means of the association of at least 2 qualified lawyers, currently practicing their profession, regardless of them belonging to another form of practicing the profession.
(on 01 October 2011 article 6 paragraph (1) from the Chapter I modified by article 85, point 2 of Chapter V, section 3 of the Law no.71/2011)
(2) The legal personality is acquired by the professional company with limited liability on the date of registration with the bar of the decision issued by the Council of the bar in which territorial area its main office is located.
(3) The professional company with limited liability holds its own assets.
(on 01 October 2011 article 6 paragraph (3) from the Chapter I modified by article 85, point 2 of Chapter V, section 3 of the Law no.71/2011)
(4) The duties and the responsibilities of the professional company with limited liability are guaranteed with its own assets. The associates are personally liable only within the limit of each of their capital contribution.
(on 01 October 2011 article 6 paragraph (4) from the Chapter I modified by article 85, point 2 of Chapter V, section 3 of the Law no.71/2011)
(5) Where a professional company with limited liability is established by lawyers who are part of other forms of practicing the profession, the latter may not be subject to liquidation, if the associates so agree.
(6) The form of practicing the profession from which the associate comes, if any, ceases its professional activity carried on in own name, during the period in which the qualified lawyer owning it or, as appropriate, the lawyers owning it have the status of associate in the professional company with limited liability. During the period in which the form of practicing the profession ceases to exist for this reason, the situation regarding the cessation of activity shall be duly mentioned with the Table of Lawyers, under the conditions stipulated in the by-laws of the lawyer’s profession.
(7) In the case of professional services consisting of legal assistance and representation in front of the courts, prosecutors’ offices, criminal investigation bodies or other authorities, the professional company with limited liability has the obligation to mention in the contract concluded with the client the name of the lawyers(s) chosen or accepted by the client to provide the professional service as well as if right of substitution is granted or, as the case may be, not granted.
(8) The professional company with limited liability carries out simple bookkeeping and is subject to the tax transparency regime. The payment of income tax is made by each associate for his own income.
Article 7
Any lawyer, irrespective of the form of practicing the profession, may conclude collaboration conventions with experts or other specialists, under the terms of the law. The professional companies and the professional company with limited liability may conclude such conventions only with the consent of all partners.
Article 8
(1) The forms of practicing the lawyer’s profession and the grouped law offices shall be individualised by denomination, as follows:
a) for the individual law office – the name of the lawyer owning the law office, followed by the phrase law office;
b) for the associated law offices – the names of all owners, followed by the phrase associated law offices;
c) for the professional companies and the professional company with limited liability – the name of at least one partner, followed by the phrase professional company or, as applicable, professional company with limited liability;
d) for the grouped law office – the name of each law office owner, followed by the phrase grouped law offices.
(2) The denomination of the form of practicing the profession, individualised according to paragraph (1), may also be kept after the death or departure of one of the associates/partners, with the latter’s consent or, as applicable, with the consent of the heir of the deceased, expressed in authentic form.
(3) The denominations stipulated under paragraph (1) shall appear on the signs of such law offices or companies, under the terms stipulated by the by-law of the profession.
(4) For all forms of practicing the profession by foreign lawyers, one may use the denomination and the name of the form of practicing the profession used in Romania or abroad, under the terms of the current article.
Article 9
(1) The conventions for grouping or association of law office, the deeds of incorporation of the professional companies and the professional companies with limited liability, as well as the conventions stipulated under article 7, shall be concluded in writing, with the compliance of the substantive requirements stipulated by the law and the by-law of the profession.
(2) The Council of the bar having been notified shall check the compliance with the law and, when this is the case, shall order the registration of the convention within one month since the application was submitted.
(3) Any person who believes he/she is harmed as far as a legitimate right or interest of his/hers is concerned may file a complaint against the decision of the Council of the bar with the professional jurisdiction bodies, under the terms of the present law and the by-law of the profession.
(4) The bars shall keep separate records of lawyers for each form of practicing the profession.
Article 10
(1) The bars and U.N.B.R. shall ensure the qualified exercise of the right to defence, the professional competence and discipline, the protection of the dignity and honour of the member lawyers.
(2) Only one bar, member of the U.N.B.R., shall exist in each county, having its headquarters in the capital of that county.
(3) Each bar shall organise and ensure the functioning of a judicial assistance service attached to each district court. The Council of the bar shall be responsible for the organisation and functioning of that service.
Article 11
The lawyer shall have the obligation to keep the professional secrecy regarding any aspect of the cause entrusted to him/her, unless the law expressly stipulates otherwise.
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CHAPTER II: Acquiring the capacity of lawyer
SECTION 1: Conditions for admission to the profession
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Article 12
(1) The person who fulfils the following conditions may be a member of a Romanian Bar:
a) he/she holds the civil and political rights;
b) he/she is a graduate of a faculty of law with the duration stipulated by the law;
c) he / she is not in any of the cases of indignity provided by the present law;
d) he/she is medically fit for the profession.
(2) The fulfilment of the condition stipulated in letter d) paragraph (1) must be proved by a medical certificate issued on the basis of the findings made by a medical committee established under the conditions laid down in the by-laws of the profession.
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Article 13
(1) A member of a foreign bar may practice the profession of lawyer in Romania, provided that the conditions laid down in this law are fulfilled.
(2) In order to provide legal counselling on Romanian law, the foreign lawyer has the obligation to undergo a Romanian law and Romanian language examination, organized by UNBR.
(3) The foreign lawyer may practice the profession of lawyer in Romania, at his/her choice, in one of the forms of practicing the profession provided in article 5.
(4) The foreign lawyer cannot submit oral or written conclusions before the courts and other jurisdictional and judicial bodies, except those of international arbitration.
(5) The fees due to the foreign lawyer shall be recorded and fully paid in Romania.
(6) The foreign lawyer practicing in Romania is obliged to register with the special table of lawyers held by each bar and is subject to the provisions of this law, the by-laws of the profession and the code of ethics.
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Article 14
It is unworthy of being a lawyer:
a) the person finally convicted by a court order to imprisonment for committing an intentional offense, such as to prejudice the prestige of the profession;
b) the person who committed abuses which violated the human rights and fundamental freedoms, established by court decision, or has committed serious disciplinary offenses punishable by the exclusion from the profession as a disciplinary sanction;
c) the person who was punished by the prohibition to practice the profession, during the period established by a court or by disciplinary decision;
d) the person in charge of whom was found, on the basis of a final court decision or acts of the lawyers’ profession, the act of having practiced or supported, in any form whatsoever, the unlawful practice by a person of the profession of lawyer.
(on 31 March 2017 article 14, letter C of Chapter II, section 1 supplemented by article 1, point 4 of the Law no. 25/2017)
(on 01 February 2017, article 14, letter D of Chapter II, section 1 repealed by article 51, point 1 of Title II of the Law no. 187/2012)
Article 15
The practice of the profession of lawyer is incompatible with:
a) the remunerated activity within professions other than the lawyer’s profession;
b) occupations damaging the dignity and independence of the lawyer’s profession or the good morals;
c) the direct exercise of material acts of trade.
Art. 16
The practice of the profession of lawyer is compatible only with:
a) the capacity of deputy or senator, councillor in local or county councils;
b) teaching activities and functions in higher education;
c) literary and publishing activity;
d) the quality of arbitrator, mediator, conciliator or negotiator, tax adviser, intellectual property counsellor, industrial property counsellor, authorized translator, administrator or liquidator in the reorganization and liquidation procedures under the law.
e) other activities provided by law.
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Article 17
(1) The admission to the profession is realized only on the basis of an examination organized by UNBR, at least annually and at national level, according to this law and the by-laws of the lawyer’s profession.
(2) The examination for the admission to the profession of lawyer is carried out by the National Institute for the Training and the Improvement of Lawyers and it takes place in a unitary manner, in its territorial centres, based on a methodology elaborated and approved by the Council of UNBR.
(3) The curriculum of the examination is unique at UNBR level, and the selection of the subjects is made by the National Examination Board.
(4) The National Examination Board is formed mainly of lawyers – university professors, who have at least 10 years of seniority in the profession of lawyer. The appointment of the National Examination Board is made by the Standing Committee of UNBR, upon the local bars’ proposal.
(5) The provisions of article 102 paragraph (2) of the Law no. 303/2004 on the statute of judges and prosecutors, republished, as subsequently amended and supplemented, shall apply accordingly, as well as for the judges of the international courts.
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Article 18
(1) At the beginning of the practicing the profession, the lawyer must perform a 2-years training, during which he has the status of trainee lawyer.
(2) The conditions in which the training is performed, the rights and obligations of the trainee lawyer, the trainer-lawyer, as well as the bar towards them, shall be regulated by the by-laws of the profession.
(3) During the training period, with the consent of the trainer-lawyer, the trainee lawyers may attend master’s courses, which are taken into account in the appraisal of the initial professional training under the conditions laid down in the by-laws of the lawyer’s profession.
(4) The training shall be suspended in case of motivated absence from the profession or in case of termination of professional guidance without the fault of the trainee lawyer. The previous training period is counted for the traineeship.
(5) After the training, the trainee lawyer will undergo the final examination.
(6) The trainee lawyer rejected three times at the final examination will be excluded from the profession.
Article 19
The activity of a trainee lawyer can only be guided by qualified lawyers having at least six years seniority in that capacity and enjoying an intact professional reputation.
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Article 20
(1) The capacity of qualified lawyer is obtained based on an examination organized by UNBR, annually and at national level, according to the present law and the by-law of the lawyer profession or after passing the examination at the graduation of the National Institute for Training and the Improvement of Lawyers, under the conditions stipulated by Status of the profession of lawyer.
(2) The examination to acquire the capacity of qualified lawyer is taken within the National Institute for Training and the Improvement of Lawyers and is conducted in a unitary manner, on territorial centres, based on a methodology elaborated and approved by the UNBR Council.
(3) The curriculum for the examination to acquire the capacity of qualified lawyer is unique at UNBR level, and the selection of the subjects is performed by the National Examination Board.
(4) The National Examination Board is formed, mostly, from lawyers – university teachers who have at least 10 years of professional seniority. Their appointment is made by the Standing Committee of UNBR, upon the bars’ proposals.
(5) The person who passed the examination to be admitted in the lawyer profession and who until the date of the examination to be admitted in the lawyer profession has served as a judge, prosecutor, notary public, legal advisor or in-house lawyer for 5 years acquires the capacity of qualified lawyer, without having to pass the examination to obtain the capacity of qualified lawyer, as provided in paragraph (1), subject to the passing the final examination within the profession from where he / she comes from.
(6) The provisions of paragraph (5) shall also apply to persons who have passed the admission examination in the profession of lawyer and who have performed legal positions in the apparatus of the Parliament, the Presidential Administration, the Government, the Constitutional Court, the Ombudsman, the Court of Accounts and the Legislative Council for 5 years uninterrupted.
(7) The trainee lawyer who has exercised at least one mandate of member for the Parliament, mayor, deputy mayor, chairman of the county council or deputy chairman of the county council, acquires upon request the capacity of qualified lawyer.
(8) The lawyers – former judges cannot make submissions in front the courts where they functioned, and former prosecutors and police officers cannot provide legal assistance to the criminal investigation unit where they have been carrying out their activity, for 5 years after the end of the concerned office.
Article 21 – Repealed
(on 27-Jan-2012, Article 21, paragraph (1) of Chapter II, Section 1 was attacked (exception admitted) Decision 1519/2011)
(on 12-March-2012 Article 21, paragraph (1) of Chapter II, Section 1 was repealed by the Decision 1519/2011)
(on 31-March-2017, Article 21 of Chapter II, Section 1, was repealed by Article I, paragraph 7 of the Law 25/2017)
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Article 22
(1) When joining the bar, the lawyer takes the following oath, solemnly, in front of the bar council: “I swear to observe and uphold the Constitution and the laws of the country, the human rights and freedoms and to practice the lawyer’s profession in honesty and dignity. So help me God!”
(2) The oath can be taken without the religious formula, in which case the oath will begin with the formula: “I swear by honour and conscience!”
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Article 23
(1) A trainee lawyer may make submissions only with district courts and may assist or represent parties before the bodies and institutions stipulated under article 3.
(2) The trainee lawyers, after registering with the bar, are obligated to attend the courses of the National Institute for the Training and the Improvement of Lawyers, during the training period.
(3) The qualified lawyer has the right to make submissions with all courts, except for the High Court of Cassation and Justice and the Constitutional Court, where he will be able to make submissions if he will have an uninterrupted professional experience of at least 5 years after having acquired the capacity of qualified lawyer.
(4) The qualified lawyer is obligated to attend the forms of continuous professional training organized by the bar, the National Institute for the Training and the Improvement of Lawyers or by the forms of practicing the profession, under the conditions stipulated in the by-laws of the lawyer’s profession.
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Article 24
(1) The Bar has the obligation to draw up, annually, the table of definitive and trainee lawyers, in alphabetical order, mentioning the name, surname, scientific title, date of registration with the bar, the professional headquarters, the form of practicing the profession and the courts with which they have the right to make submissions.
(2) The second part of the table of lawyers shall include the associated law offices, the professional companies and the professional companies with limited liability, with indication of the professional headquarters and the courts in front of which submissions can be made.
(3) Through the bar’s diligence, the annual table of lawyers and the changes occurred within shall be communicated, at the beginning of each year, to the courts, to the criminal investigating bodies and to the administrative authorities of the county or the municipality of Bucharest, as well as to UNBR. Separately, the table of the incompatible lawyers shall be communicated to UNBR.
(at 31 March 2017, Article 24, paragraph (3) of Chapter II, Section 1 amended by Article I, point 8 of the Law 25/2017)
Article 25
(1) The Bar Council shall issue decisions for lawyers to be included in the table of the incompatible lawyers, upon request or ex officio, and the new registration with the table of lawyers with right to practice the profession shall be made only upon request, after the incompatibility status has ceased.
(on 14th-2014, Article 25 (2) of Chapter II, Section 1 was attacked by (exception admitted) Decision 297/2014)
(2) In cases where there is incompatibility, the decision to be admitted within the profession shall be effective only from the date when the incompatibility status has been terminated.
(on 31 March 2017 Article 25 (2) of Chapter II, Section 1 as amended by Article I, paragraph 9 of Law 25/2017)
(3) Until the termination of the incompatibility status, the person admitted within the profession shall be registered with the table of incompatible lawyer in a separate section.
(on 31-Mar-2017, Article 25, paragraph (2) of Chapter II, Section 1, supplemented by Article I, point 10 of Law 25/2017)
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Art. 26
(1) Courts are required to verify and rule on the capacity as representative of a person appearing as lawyer, exercising acts specific to that profession and using the marks of the profession of lawyer.
(2) Practicing lawlessly any activity specific to the profession of lawyer is an offense and is punishable according to the criminal law.
(3) The act of a person exercising activities specific to the profession of lawyer within entities that are not part of the forms of professional organization as recognized by the present law constitutes an offense and is punished according to the criminal law.
(4) The acts specific to the profession of lawyer, accomplished publicly by a person who has not acquired the capacity of a lawyer under the present law, are null and void.
(as of 31 March 2017, Article 26 of Chapter II, Section 1 as amended by Article I, paragraph 11 of Law 25/2017)
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SECTION 2: Termination and suspension of the capacity of lawyer
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Article 27
The capacity of lawyer ceases:
a) by written waiver of the practice of the profession;
b) by death;
c) if the measure of exclusion from the profession was taken against the lawyer, as a disciplinary sanction;
d) if the lawyer was convicted through a final court order for an act provided by the criminal law which renders him unworthy of being a lawyer, according to the law.
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Article 28
The capacity of lawyer is suspended:
a) in case of incompatibility, during the existence of this condition;
b) during the period of interdiction to practice, ordered by a court ruling or a disciplinary decision;
c) in the event of total or partial non-payment of taxes and professional contributions to the Bar, to UNBR and to the own social security system for a period of 3 months from their maturity, until full payment of the debts;
d) upon the written request of the lawyer.
CHAPTER III: The rights and duties of the lawyer
SECTION 1: The rights of the lawyers
Article 29
(1) A lawyer appearing on the bar’s table shall be entitled to assist and represent any natural or legal entity, based on a contract concluded in a written form, which acquires a certified date after being recorded in the official register of evidence.
(2) A lawyer as well as his/her client shall be entitled to renounce the legal assistance contract or to amend it based on mutual consent, under the terms stipulated by the by-law of the profession.
The client’s unilateral renunciation shall not constitute a cause for exemption for the payment of the due fee for the law services provided, as well as for covering the expenses incurred by the lawyer in the interest of the client’s procedural interest.
Article 30
(1) The lawyer has the right to elect and to be elected in the governing bodies of the profession, under the conditions provided by the present law and the by-law.
2) The lawyers with outstanding debts and fees established for setting up the budget of UNBR and the Bar, as well as the funds of the Romanian Lawyers’ Insurance House and its subsidiaries, may not be part of the professional bodies of the profession.
(on 31 March 2017, Article 30 of Chapter III, Section 1, supplemented by Article I, point 12 of the Law 25/2017)
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Art. 31
(1) For his/her professional activity, a lawyer shall be entitled to a fee and to all the expenses incurred in the interest of his/her client’s procedural interest being covered.
(11) The activity carried out by a lawyer under the law and the by-law of the lawyer’s profession, regardless of the form and manner of practicing the profession, generating professional income, cannot be reconsidered as a dependent activity according to the provisions of the Fiscal Code.
(12) The lawyers may agree with their clients for higher retainers than those set out in the table of minimal retainers adopted by the UNBR Council.
(on 31 May-2017 Article 31 (1) of Chapter III, Section 1, supplemented by Article I, point 13 of Law 25/2017)
(2) For this purpose, a lawyer may open a bank account to cash in the fees and another one for depositing the amounts received from the client for procedural expenses in the latter’s interest. The way of managing the amounts that have been handed over to the lawyer by the client, for procedural expenses in his/her interests, shall be set out in the convention between the lawyer and the client, under the terms stipulated by the by-law of the profession.
(3) The legally concluded legal assistance contract is enforceable. The civil court having jurisdiction over the lawyer’s professional head office shall have competence for vesting the legal assistance contract with an executory formula. The overdue fees and other expenses incurred by the lawyer in the procedural interest of his/her client shall be recovered according to the provisions of the by-law of the profession.
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Art. 32
Contests and complaints against the lawyer’s retainer shall be solved by the dean of the bar. The dean’s decision may be appealed with the Council of the bar, whose decision is final.
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Article 33
(1) Lawyers shall have their own social security system.
(2) The social security system of lawyers is regulated by the law, and is based on their contributions, as well as on other sources stipulated by the law or the by-law of the Lawyers’ Insurance House.
(3) The time served as a lawyer shall be considered seniority.
(4) The lawyer has the right to recover his/her work capacity, under the conditions stipulated in the by-law of the lawyer’s profession.
Article 34
The period in which the lawyer performed the functions of judge, prosecutor, notary, he has been appointed as legal expert within the Parliament, the Presidential Administration, the Government, the Constitutional Court, the Ombudsman, the Court of Accounts and the Legislative Council, as well as the period during which he was suspended from the profession in order to exercise a public dignity function or a function assimilated to the public dignity function shall be considered seniority within the lawyer’s profession.
Art. 35
(1) In order to ensure the professional secrecy, the professional documents and paperwork that are in the lawyer’s custody or in his/her law office shall be inviolable. The search of a lawyer, of his/her residence or law office, or the seizure of records and goods may only be made by a public prosecutor, based on a warrant issued under the terms of the law.
(11) The following are exempted from the measure of evidence seizing and the measure of confiscation:
a) documents containing communications between a lawyer and his client;
b) documents containing records made by a lawyer on matters relating to the defence a client.
(on 31 of March 2017 Article 35 paragraph (1) of Chapter III, Section 1, supplemented by Article I, point 14 of Law 25/2017)
(2) The lawyer’s phone calls shall not be heard and recorded by any technical means, nor shall his professional correspondence be intercepted and recorded, except under the conditions and by the procedure provided by the law.
(3) The relationship between a lawyer and the person he/she assists or represents may not be subject to technical supervision unless there is evidence that the lawyer himself is or is preparing to commit one of the offenses referred to in article 139 paragraph (2) of the Code of Criminal Procedure. If during or after the execution of the measure it results that the technical supervision activities also covered the relationship between the lawyer and the suspect or defendant he defends, the evidence obtained cannot be used in any criminal proceedings and will be immediately destroyed by to the prosecutor. The judge who ordered the measure is immediately informed by the prosecutor. The judge shall order the lawyer to be informed.
(31 May-2017 Article 35 (2) of Chapter III, Section 1, supplemented by Article I, point 15 of Law 25/2017)
Article 36
(1) The contact between a lawyer and his client cannot be hindered or controlled, directly or indirectly, by any state body.
(2) Where the client is in arrest or detention, the administration of the place of arrest or detention shall take the necessary measures to respect the rights provided in paragraph (1).
Article 37
The lawyer practicing in the individual law offices, the associated law offices, the professional companies and the professional companies with limited liability have the right to own a professional headquarter in the constituency of the bar where they are registered and to secondary offices in another bar in the country or abroad where they are registered.
Article 38
The Ministry of Justice is obligated to provide the necessary premises within the courts’ headquarters for the activity of lawyers.
(on 14 February 2011 Art. 39, paragraph (8) of Chapter III, Section 1, abrogated by Art. 1 of the Emergency Ordinance 10/2011)
Article 39
(1) While practicing their profession, the lawyers are indispensable partners of justice, protected by law, without being assimilated to civil servants, unless they attest to the identity of the parties, the content or the date of an act.
(2) The lawyer is obligated to respect the solemnity of the court hearing, not to use words or expressions likely to prejudice the dignity of the judge, prosecutor, other lawyers, parties or their representatives in the trial.
(3) The lawyer shall not be criminally liable for the oral or written claims, in the appropriate form and in compliance with the provisions of paragraph (2) before the courts, the criminal investigations bodies or other administrative bodies of jurisdiction, neither if those claims are in connection to consultations provided to litigants or to defences formulated in the respective case or for the assertions made during verbal consultations or written consultations given to the clients, if they are performed one in compliance with the professional deontology rules.
(4) The non-observance by the lawyer of the provisions of paragraph (2) and (3) constitutes serious disciplinary offense. The disciplinary liability does not exclude the criminal or civil liability.
(5) The legal opinions of the lawyer, the exercise of rights, the fulfilment of the obligations provided by law and the use of legal means for the effective preparation and realization of the defence of the freedoms, rights and legitimate interests of his/her clients do not represent a disciplinary infringement nor do they entail other legal liability forms attributable to the lawyer.
(on 31-Mar-2017, Article 39 of Chapter III, Section 1 as amended by Article I, paragraph 16 of Law 25/2017)
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SECTION 2: Attorney’s duties
Article 40
(1) The lawyer shall be obligated to thoroughly study the causes entrusted to him, hired or ex officio, to appear for all hearings in the courts of law or at the criminal investigation bodies or other institutions, according to the mandate being entrusted, to manifest conscientiousness and professional probity, to plead with dignity in front of the judges and the parties in the trial, to submit written conclusions or minutes of the hearing whenever the nature or the difficulty of the case so requires or when the court orders to do so. Failure to observe these professional duties is a disciplinary offense.
(2) The lawyer is obligated to take all due diligence to protect the rights, freedoms and legitimate interests of clients and to use the means provided by the law, which he considers to be favourable to them.
(3) The lawyer is obligated to refrain from assisting and counselling a client when he is accomplishing acts or deeds that could constitute crimes.
(4) The lawyer is entitled to withdraw immediately and to give up assistance and representation to the client if the latter’ actions and goals, apparently lawful at the beginning of the assistance and / or representation, prove to be criminal during the assistance / representation.
(on 31 March 2017, Article 40 of Chapter III, Section 2, supplemented by Article I, paragraph 17 of Law 25/2017)
Article 41
The lawyer is obligated to provide legal assistance in the cases in which he was appointed ex officio or free of charge by the bar.
Article 42
The lawyer is obliged to ensure professional liability under the conditions established by the profession statute.
Article 43
The lawyer is obligated to attend all the meetings convened by the Bar Council, the professional activities and the meetings of the governing bodies to which he belongs. Repeated and unjustified absence constitutes disciplinary offense.
Article 44
(1) The lawyer shall be obliged to keep the records required by the law and the by-law regarding the cases which he has taken and to pay regularly and in due time the fees and contributions established for the formation of budget of the bar and of the funds of the Romanian Lawyers’ Insurance House and of subsidiaries. The UNBR budget is formed of the contributions of the bars, established according to the law and the by-law of the profession.
(2) The acts drafted by the lawyer to keep the professional records required by the law, as well as for the legitimation as representative towards third parties, have the full proving force until statement of forgery.
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Article 45
The lawyer is obligated to return the documents that were entrusted to the person from whom he received it.
Article 46
(1) A lawyer cannot assist or represent parties with opposite interests in the same case or in connected cases and cannot plead against the party who has previously consulted him on the concrete litigious aspects of the case.
(11) Any contact between a lawyer and a person with contrary interests in the case in which the lawyer is hired, their representative or a third party who proves to be interested in the solution to be taken may only be reached with the express agreement, in advance, of the client, in the presence of the client or of the person designated by him.
(on 31 March 2017, Article 46, paragraph (1) of Chapter III, Section 2, supplemented by Article I, point 18 of Law 25/2017)
(2) A lawyer may not be heard as witness and may not provide information to any authority or person regarding a cause entrusted to him/her, unless he/she has the prior express and written consent of all his/her clients that interested in the case.
(3) The witness’ capacity shall take precedence to that of lawyer as regards the actions and circumstances he/she became acquainted with before having become the defender or representative of any party involved in the case.
(4) If heard as a witness, a lawyer may no longer carry out any professional activity in that case.
(41) Unlawful disclosure by the lawyer of confidential information from the private sphere of his client or targeting an operational or commercial secret entrusted under the same quality or of which the lawyer could become acquainted during the activities specific to the profession constitutes a crime and is punished by imprisonment from one to five years.
(42) The members of the governing bodies of the lawyer’s profession are obligated as well to observe the professional secrecy with regard to the issues they have come to know as a result of the exercise of the prerogatives invested in them.
(43) The lawyer’s act of non-complaining of certain offenses of which he becomes aware during the practice of the profession does not constitute an offence, except for the following offenses:
1. murder, third degree murder or other crime that resulted in the death of a person;
2. genocide, crimes against humanity or war crimes against persons;
3. the crimes provided for in article 32-38 of the Law no. 535/2004 on the prevention and fight against terrorism, as subsequently amended and supplemented.
In all cases, the lawyer who prevented the offense being committed or its consequences in any other way than by denouncing the perpetrator is exonerated.
(on 31 March 2017, Article 46, paragraph (4) of Chapter III, Section 2, supplemented by Article I, point 19 of Law 25/2017)
(5) A lawyer may not perform the function of expert or translator in the case in which he is hired as a defence counsel.
Article 47
(1) A lawyer shall have the obligation to wear a robe before the courts of law.
(2) The characteristics of the robe shall be those set out in the by-law of the profession.
(3) Wearing the robe outside the premises of the courts of law shall be prohibited, except when a lawyer is delegated by the bodies of the profession to represent the bar of the UNBR on an occasion that requires that attire.
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Article 48
(1) Any public communication or any publicity made by a lawyer or a form of practicing the profession is permitted, subject to compliance with the professional regulations and those regarding the independence, dignity, integrity of the profession, professional secrecy, to being objective and to correspond to the truth.
(2) The status of the profession of lawyer regulates in detail the rules applicable to the publicity made by lawyers or by the forms of practicing the lawyer’s profession in order to attract clients.
(on 31-Mar-2017, Article 48 of Chapter III, Section 2 as amended by Article I, paragraph 20 of Law 25/2017)
CHAPTER IV: The organization of the profession of lawyer
SECTION 1: The Bar
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Article 49
(1) The lawyer’s profession shall be organized and shall operate based on the principle of autonomy, within the limits of the competence stipulated in the present law.
(2) The managing bodies of the lawyer’s profession shall only be elected by means of secret ballot.
(3) Collegiate managing bodies shall only make decisions by means of a show of hands. Deliberations and voting shall constitute a professional secret.
Article 50
(1) A bar shall be comprised of all the lawyers in a county or in Bucharest municipality. The head office of the bar shall be located in the county capital, or Bucharest municipality, respectively.
(2) A bar shall have legal personality, own assets and own budget.
(3) The lawyers’ contribution in forming the budget shall be set out by the Council of the bar.
(4) The bar’s patrimony may be used in activities that generate revenues, under the terms of the law.
Article 51
(1) The bar’s managing bodies shall be as follows:
a) the general assembly;
b) council;
c) the dean.
(2) The Audit Committee and the Disciplinary Committee shall carry out the activity within the Bar. Their organization, operation as well as their attributions are governed by the by-law of the lawyer’s profession.
(3) Within each bar, the Court of Professional Arbitration of Lawyers is organized and functioning, as permanent arbitration institution, non-governmental institution, without legal personality, independent in the exercise of its duties. The organization, functioning as well as the attributions of the Court of Professional Arbitration of Lawyers are governed by the by-law of the Lawyer’s profession.
(on 31 March 2017, Article 51, paragraph 2 of Chapter IV, Section 1, supplemented by Article I, point 21 of Law 25/2017)
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Art. 52
(1) The general assembly is made up of all lawyers registered with the bar with the right to practice the profession.
(2) The general assembly shall have the following powers:
a) to establish the measures for the practice of the profession in the respective bar, within the limits of the law and the by-law;
b) to elect and revoke the dean, the members of the council, the members of the audit committee and the members of the disciplinary committee. The Dean is elected for a four-year term and may be re-elected once. The Dean is elected from lawyers with at least 10 years of professional experience;
c) to elect the Bar’s Delegates at the Congress of lawyers;
c1) to propose the candidates for the Central Discipline Committee;
(on 31 March 2017 Article 52, paragraph 2, letter C of Chapter IV, section 1, supplemented by Article I, point 22 of Law 25/2017)
d) to approve the draft budget of the bar and to release the Council of administration on its activity and management.
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Article 53
(1) The ordinary general assembly shall reunite on an annual basis, during the first quarter, when convened by the Council of the bar.
(2) The convening shall be made by posting the announcement at the bar head office, at the head offices of assistance offices in that county, and by publishing it in a local newspaper, at least 15 days before the date set.
(3) An extraordinary general meeting may be convened by the Council of the bar or by the Audit Committee.
(4) Following the request by over one third of the bar members, the council shall have the obligation to convene an extraordinary general assembly no later than 15 days from the receipt of the request. In this instance, the convening procedure shall be accomplished at least 7 days before the date set.
(5) The general assembly session shall be chaired by the dean of the bar together with 5 members elected by show of hands by the people present, one of whom shall be designated as a secretary. In the event the dean of the bar or council members are being elected or revoked, none of them shall be included in the presidium, and the session shall be chaired by the oldest member being present.
Article 54
(1) The general assembly shall be lawfully constituted in the presence of the majority of its members.
(2) If the lawful number is not met and the agenda of the assembly does not include the election of the governing bodies of the bar, the presidium of the general assembly, in the presence of the people there, shall establish a new general meeting no later than 15 days from the date of the first convocation. The Council of the bar shall have the obligation to complete the convening procedure at least 7 days before the date set.
(3) The general assembly convened in accordance with para. (2) is legally constituted with the participation of at least one third of the total number of its members.
(4) The decisions of the general assembly shall be taken by a majority vote of the members present, except where the law provides for another quorum of session and voting.
Article 55
(1) The general assemblies for the election of the governing bodies of the bar are legally constituted only with the participation of the majority of the members of the general assembly of the bar.
(2) By way of exception from the provisions of paragraph (1) in the case of bars which have more than 500 lawyers with right to practice the profession, if at the first convocation the legal number of participants is not met, the provisions of Art. 54 par. (2) and (3) are accordingly applicable.
(3) Participation in the general assembly for the election of the governing bodies of the bar is done personally. A lawyer member of the bar cannot delegate to another lawyer the exercise of his right to vote.
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Article 56
(1) The Bar Council shall consist of 5 to 15 members, elected for a period of four years and shall have a continuous professional experience of at least 8 years. The dean and the deputy dean are included in this number.
(2) The Bar Council has the following duties:
a) it adopts decisions on the application and observance of the provisions of this law and the by-law of the profession;
b) it enforces the resolutions and decisions of the Congress of Lawyers, the UNBR Council, the Standing Committee of the UNBR and of the General Assembly of the Bar;
(on 31 March 2017, Article 56, paragraph 2, letter B. of Chapter IV, Section 1, modified by Article I, point 23 of Law 25/2017)
c) it draws up, modifies and publishes the annual table of lawyers, members of the bar, and communicates it to those entitled to receive it;
d) it adopts measures for the organization of the professional, disciplinary and deontological control, for the settlement of claims and complaints, under the conditions stipulated by the law and the by-law of the profession;
e) it verifies and observes the fulfilment of the legal conditions of the applications for the admission in the profession and approves the admission in the profession with an examination or with an exemption from taking the examination;
f) it decides on the state of incompatibility and its termination;
g) it resolves the transfer requests in accordance with the law and the by-law of the profession;
h) it verifies and ascertains whether the papers concerning the creation, modification and change of the forms of practicing the profession, as well as the grouping or co-working conventions meet the conditions stipulated by the law and the by-law of the lawyer’s profession; it authorizes the operation of these forms; it organizes and keeps track of them;
(on 31 March 2017, Article 56, paragraph (2), point H of Chapter IV, Section 1 as amended by Article I, point 23 of Law 25/2017)
h1) it identifies and notifies the competent judicial bodies about the cases in which the lawyer’s specific activity is practiced in any form by persons who do not have the capacity of lawyer registered with the bar, or should they be registered, they do not have the right to practice the profession;
(on 31 March 2017, Article 56, paragraph (2), letter H of Chapter IV, Section 1, supplemented by Article I, point 24 of Law 25/2017)
i) it coordinates the activity of the subsidiary or branch of the Lawyers’ Insurance House (C.A.A.) within the jurisdiction and it exercises the control of its activity upon notification of the C.A.A. Board of Directors or of the UNBR Council, independent from the own controlling power of the C.A.A. Board of Directors or the UNBR Council;
(on 31 March 2017, Article 56, paragraph (2), point I of Chapter IV, Section 1 as amended by Article I, paragraph 25 of Law 25/2017)
j) it organises term lectures and study circles, and edits the bar’s publications;
k) it organises and guides the activity of legal assistance services in that county, according to the law and the by-law of the profession;
l) it notifies the Disciplinary Committee to judge the disciplinary offences committed by lawyers;
m) it suspends from the practice of the profession, for as long as the failure to pay the fees subsides, a lawyer who fails to pay the fees and contributions stipulated by the law and the by-law of the profession within 3 months after they become overdue, if warned about the non-payment and still not complied with the obligation;
n) it solves the complaints against the decision of the dean of the bar regarding the lawyer’s fees;
o) it sets a contribution share for the lawyers towards the bar budget;
p) it accepts donations and legates made to the bar;
q) it approves the lineage chart and the organizational chart and hires the bar’s personnel;
(on 31 March 2017, Article 56, paragraph (2), letter Q of Chapter IV, Section 1 as amended by Article I, paragraph 25 of Law 25/2017)
r) it draws up the annual draft budget to be submitted to the general assembly, and manages the bar assets;
s) it presents annually, to the general assembly, the activity report of the council and of the dean, on current administration and on the bar assets administration, for approval;
t) it elects the deputy dean of the bar;
u) it solves complaints and appeals against the decisions taken by the dean of the bar;
v) it carries out any other powers stipulated by the law or by other legislative act.
(on 31 March 2017, Article 56, paragraph (2), point V of Chapter IV, Section 1 as amended by Article I, paragraph 25 of Law 25/2017)
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Article 57
(1) The sessions of the Bar Council shall be convened by the Dean or his substitute. The Council may also be convened by a third of its members.
(2) The Bar Council shall work legally in the presence of two-thirds of its members and shall take its decisions by a majority of the members present.
(on 31-Mar-2017 Article 57 of Chapter IV, Section 1 as amended by Article I, paragraph 26 of Law 25/2017)
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Article 58
(1) The Dean of the Bar has the following competencies:
a) to represent the bar in its relations with the natural and legal persons from the country and from abroad;
b) to chair the meetings of the bar council;
(on 31 March 2017, Article 58, paragraph 1, letter B. of Chapter IV, Section 1 as amended by Article I, paragraph 27 of Law 25/2017)
c) to approve requests for free legal aid;
d) to exercise appeals against the decisions of the Disciplinary Committee and against the decisions of the Bar Council for which appeals are provided;
e) to authorize the Bar’s expenses;
f) to take actions on the management of the bar which are not within the competence of the general assembly or of bar council;
g) to perform any other duties provided for by the law or decided by the governing bodies of UNBR and given to his/her competence.
(2) The deputy dean replaces the Dean at his request or in his absence.
(3) If the dean and the deputy dean are temporarily unable to perform their functions, the bar council may delegate a counsellor to perform, in whole or in part, the duties of the dean.
(4) For the Bucharest Bar, the bar council elects two deputy deans. The Dean is replaced, upon request or in his absence, by the deputy dean whom he / she appoints in writing.
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Article 59
The lawyer dissatisfied with the decision of the dean may appeal it to the bar council within 15 days of communication.
(as of 31-Mar-2017 Article 59 of Chapter IV, Section 1 as amended by Article I, paragraph 28 of Law 25/2017)
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SECTION 2: National Association of the Romanian Bars – UNBR
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Article 60
(1) The National Association of the Romanian Bars – UNBR is made up of all Romanian bars and is headquartered in the capital of the country, Bucharest.
(2) UNBR is a legal person of public interest, has its own patrimony and budget.
(3) The UNBR budget shall be formed from the contribution of the bars in quotes established by the Congress of Lawyers. UNBR’s patrimony can also be used in revenue-generating activities under the law.
(4) The Bar Association is established and operates only within the UNBR, according to the present law and the by-law of the profession.
(5) UNBR is the legal successor of the Romanian Bar Association.
(6) The unlawful use of the names “Bar”, “National Association of the Romanian Bars”, “UNBR” or “Romanian Bar Association” or of the names specific to the forms of practicing the lawyer’s profession, as well as the use of the marks of the profession of lawyer or the wearing of the lawyer’s robe under conditions other than those provided by this law constitutes an offense and shall be punished by imprisonment from 6 months to 3 years or by a fine.
(on 01-Feb-2014 Article 60, paragraph (6) of Chapter IV, Section 2 as amended by Article 51, point 3 of Title II of the Law no. 187/2012)
Article 61
(1) The governing bodies of UNBR are:
a) The Congress of Lawyers;
b) The UNBR Council;
c) The Standing Committee of UNBR;
d) The President of UNBR
(2) Within UNBR the following entities shall be established and shall operate:
a) the Central audit committee;
b) the Central discipline committee;
c) The technical-administrative personnel.
Article 62
(1) The Congress of lawyers is made up of delegates of each Bar, according to the norm of representation established by the by-law of the profession, and of the members of the UNBR Council.
(2) The Congress of lawyers meets annually in ordinary session, at the convocation of the UNBR Council.
(3) At the request of at least one third of the number of bars, the UNBR Council shall convene the Congress of lawyers in extraordinary session.
Article 63
(1) The convocation of the congress shall be made at least one month before the date set, by written notice to the bars and by publication in a central newspaper. The bar councils are obligated to display the date of the convocation and the agenda at the bar’s headquarters and at the courts within their jurisdiction.
(2) The Bars are required to elect their delegates at least 10 days before the congress.
(3) The Congress shall be legally constituted in the presence of two-thirds of its members and shall take decisions by the majority of the members present.
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Article 64
(1) The Congress of lawyers shall have the following duties:
a) to analyse and approve the annual report of the UNBR Council;
a1) to elect and revoke the members of the UNBR Council among the members of the Congress, according to article 65 paragraph (1) and the provisions of the by-law of the lawyer’s profession;
(on 31 March 2017, Article 64, paragraph 1, point A of Chapter IV, Section 2, supplemented by Article I, paragraph 29 of Law 25/2017)
b) to elect and revoke the Central Audit Committee;
(on 31 March 2017, Article 64, paragraph 1, letter B. of Chapter IV, Section 2 as amended by Article I, paragraph 30 of Law 25/2017)
c) to make proposals to the authorities having the right of legislative initiative with regard to the lawyerâ