In Romania the lawyer profession is free, independent, with autonomous organization, functioning and administration, settled as provided by Law 51/1995 regarding the organization and practicing the lawyer profession and the Code of ethics of this profession.
Exercising the lawyer profession is subdued to the following fundamental principles:
· Principle of legality
· Principle of freedom
· Independence principle
· Principle of autonomy and decentralization
· Principle of keeping the professional secrecy.
Every person has the right to choose freely her lawyer. Nobody can impose to a person a lawyer, except the cases regarding compulsory legal advice or legal aid.
The relationships between the Romanian lawyer and his Client are based on honesty, probity, rectitude, loyalty and confidentiality.
The Romanian attorney fulfills an essential part in a society set on democracy values and the rule of law, being indispensable to justice and the parties, having the task to defend their rights and interests.
Subject to legal and ethical norms, the solicitor has always the obligation to best defend the interests of his Client, even reported to his own interests, his colleagues’ interests or generally the interests of his profession.
The lawyer has the obligation to keep the professional secrecy regarding every aspect of the cause it has been given.
The activity of a Romanian lawyer must permanently be based, both in relation with the public Romanian authorities and in relations with the parties, on the in force rules of law at a given time.
The defense function is fulfilled by respecting the material and processual law proceedings established in the Romanian legislative system.
The law recognizes for the Romanian lawyer the right to choose the form of exercising his profession.
Lawyer’s activity is accomplished on the grounds of a closed contract, in a written form, with the person who requests legal advice. The closure of such a contract with a Romanian lawyer is dominated by principle of contractual freedom.
The attorney’s independence is determined by the obligation of keeping the professional secrecy regarding any aspect of the cause that has been given. Such an obligation will be found in all activities conducted by the Romanian lawyer in the exercise of his defense.
The lawyer’s obligation is to make all the efforts in defending the liberty, rights and interests of the Client and shall take into account the expanse of the mandate entrusted by the Client. Thus, according to art. 113 from the Code of ethics of the lawyer profession: “the lawyer can act only in the limits of the contract closed with his Client, except the cases foreseen by law”.
With all these, the Romanian lawyer has the right to renounce to the legal assistance contract or to modify it, in mutual agreement with the Client, as provided by the Code of ethics of the lawyer profession. The Client’s one-sided renunciation doesn’t constitute an exoneration clause for paying the attorney fee for the services provided and also in covering the expenses made in the processual interest of the Client.
The solicitor cannot assist or represent parties with opposite interests in the same cause or in connected causes and cannot plead against the party which previously consulted him in connection with the concrete disputed aspects
Also, the Romanian attorney cannot be listened as a witness and cannot supply relations to any authority or person regarding the cause that it has been entrusted, unless he has the preliminary, express and written permission on behalf of all the Clients interested in the cause.
The Romanian Lawyer is both the adviser and the defender of his Client.
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