Forms and modalities of exercising the lawyer profession in Romania
The 51/1995 Law, with its subsequent amendments and completions acknowledges the following form of exercising the lawyer profession in Romania:
Individual Law Offices
Associated Law Offices
Professional Civil Societies
Professional Limited Liability Societies
In an individual law office may exercise his profession a lawyer, alone or together with other Romanian or foreign lawyers.
The individual law offices can associate with a view to exercise in common the lawyer profession; the rights and obligations of the entitled lawyers at the associated law offices keep its personal character and cannot be transferred. The associated law offices can associate with professional civil societies.
Individual law offices can group and keep its individuality in relations with clients.
The professional civil society is constituted from 2 or more entitled lawyers but the lawyers that profess in it cannot grant legal assistance to persons with opposite interests.
The professional limited liability society is a civil society with legal personality, constitutes, in conditions provided by law and the Code of ethics of the lawyers profession in Romania, through association of at least 2 entitled attorneys, while discharging their duties, regardless or not they belong to another form of exercising the lawyer profession.
The Romanian solicitor can switch anytime the form of exercising his profession, with notice to the bar he is part of.
The lawyer cannot exercise his profession in the same time in more forms of its exercising.
The modalities of exercising the lawyer profession in Romania are:
Entitled lawyer in a individual law office
Associated attorney as part of associated law offices
Associated solicitor as part of a professional civil society
Associated lawyer as part of professional limited liability societies
Collaborator attorney-at-law
Salaried lawyer within the profession.
The Romanian attorney-at-law exercises the lawyer profession, at will, only in the modalities mentioned above with compliance to Romanian legal and statutory provisions.
In an individual law office exists only one entitled lawyer which can exercise alone his profession or together with other collaborative solicitors.
Can become an associated solicitor:
The entitled lawyer form an individual law office which associates in related law offices, under article 5(3) 51/1995 Law.
The associated lawyer in a professional civil society
The attorney who has became partner as a result of the transformation or reorganization of the form of exercising the profession which he was part of as an entitled solicitor of an individual law office or in associated law offices or as a partner lawyer in a professional civil society.
The solicitor becomes a collaborator as a result of signing a written collaborative contract with the individual law office holder or the coordinator of the other forms of exercising the lawyer profession.
The attorney becomes salaried within the profession by closing a salary contract with the individual law office holder or the coordinator of the other forms of exercising the lawyer profession.
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