General information about the lawyer profession in Romania
Contributed by Darie & Manea Law Firm
17 January, 2020
The law that regulates the lawyer professional organization in Romania, is Law 51/1995. This profession is free and independent as long as it is made according to the legislation in place that regulates practice and organization and also the Code of ethics. Still, a lawyer has autonomy regarding administration, organization and functioning.
The principles on which the Romanian lawyer profession in Romania is based are: autonomy and decentralization, independence, legality, freedom and confidentiality. If you want to become a lawyer in Romania you need to meet the following:
- Graduate the law university or have a PHD in law
- Promote the UNBR national exam, exceptions: judges of the High Court or Justice that have an expired mandate and judges from international courts
- Have a clear record and not be involved in any indignity cases
In order to get into the system, you will need to fill in a form that will be addressed to the bar dean and which will indicate your intention to practice law. The form must be filled in two copies and will include:
- Full name and address of the solicitant
- Date and place of birth
- Serie and number of the ID card with name of organization that issues it
- Bachelorette diploma from the high institution law form that is recognized according to the law
- Declaring that you are not involved in any indignity cases
- Declaring that you will specifying that it is required to acquire the quality of trainee Romanian lawyer and the commitment to carry out, during the period of the traineeship, the initial professional training in the profession of lawyer, respectively to attend, as a definitive lawyer, the forms of continuous professional training, under the conditions provided by the Law and the present status
- The mention, if any, that, according to the Law, the candidate can acquire the status of definitive lawyer;
- The express declaration that it is not or has not been registered in another bar in Romania. Otherwise, the following will be indicated: bar, period, causes of withdrawal or cessation of activity.
After you graduate the law faculty and take the exam organized by the Bar in your area, you will receive the title of lawyer trainee and the training period is mandatory for 2 years. After the training is finalized and you have drawn conclusions in court and assist other permanent lawyers represent parties before prosecution, you will be able to get jurisdictional attributions in assisting authorities, institutions, public administrations, bailiffs or public notaries.
As a permanent Romanian lawyer it is your right to choose the field of law you want to practice in, as no one can impose it to you. Nevertheless, no matter what type of services you decide to offer, you must keep in mind that you need to offer your clients confidentiality, probity, rectitude, honesty and loyalty.
According to the legislation in Romania, the lawyer profession can be organized as associated law offices, professional civil law firm, individual law office or limited liability law firm. Despite the way you choose to organize your profession, your activity requires to have a written contract with each of your clients. Moreover, the attorney must defend the liberty, rights and interests of the client and can only act in the limits of the contract according to the ethics code. If the attorney decides along side the client to modify the terms of the contract or give up legal assistance, this is possible if the decision is mutual. It is important to know that the lawyer can't be names as witness or provide information to any authority or individual regarding the case represented, unless he has the written permission of the client.
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