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Law No. March 24, 2017Privind 25, Amendment And Completion Of The Law #. 51/1995 For The Organization And Exercise Of The Profession Of Lawyer

Original Language Title: LEGE nr. 25 din 24 martie 2017privind modificarea şi completarea Legii nr. 51/1995 pentru organizarea şi exercitarea profesiei de avocat

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LEGE no. 25 25 of 24 March 2017 amending and supplementing Law no. 51/1995 for the organisation and exercise of the legal profession
ISSUER ROMANIAN PARLIAMENT
Published in OFFICIAL MONITOR no. 210 210 of 28 March 2017



The Romanian Parliament adopts this law + Article I Law no. 51/1995 for the organization and exercise of the profession of lawyer, republished in the Official Gazette of Romania, Part I, no. 98 of 7 February 2011, as amended, shall be amended and supplemented as follows: 1. La Article 3 (1), by letter i) Insert a new letter, letter i ^ 1), with the following contents: i ^ 1) special cleaning activities according to the law and the Statute of the lawyer profession; 2. La Article 3, after paragraph 2 a new paragraph (3) is inserted, with the following contents: ((3) The lawyer is obliged to keep records of the documents prepared according to ((1) lit. c) and d), with the exclusion of acts drawn up for assistance and representation, and to keep them in their professional archive, in the order of their preparation. No later than 3 days from the date of drawing up the acts referred to in par. (1), the lawyer is obliged to register the operation in the Electronic Register of documents prepared by lawyers according to par. ((1) lit. c) and d), according to the procedure provided for in the Regulation on organization and functioning of the register, approved by the U.N.B.R. Council, under the sanction of inoposability towards third parties. 3. La Article 5, after paragraph 9 a new paragraph (10) is inserted, with the following contents: ((10) When establishing the forms of exercising the profession and subsequently, the lawyers have the right to establish the patrimony affected by the profession, under the law, with the regulated procedure for the establishment of the electronic register of the record the estate of the lawyers, under the conditions established by the U.N.B.R. Council by the Rules of Organization and Functioning. The registration made in the register has effects of opposability to third parties, under the conditions provided by law. 4. La Article 14, by letter c) a new letter, letter d) is inserted, with the following contents: d) the one in charge of which was held, on the basis of a final court decision or by acts of the organs of the profession of lawyer, the act of being exercised or supported, in any form, the exercise without right by a person of the profession of lawyer. 5. La Article 16, introductory wording is amended and will read as follows: + Article 16 The exercise of the profession of lawyer is compatible only with: 6. La Article 16, by letter d) Insert a new letter, letter e), with the following contents: e) other activities provided by law. 7. Article 21 is repealed. 8. La Article 24, paragraph 3 is amended and will read as follows: ((3) Through the care of the bar, the annual picture of lawyers and the intervening changes are communicated, at the beginning of each year, to the courts, to the prosecution bodies and to the administrative authorities of the county or as well as U.N.B.R. Distinctly, the U.N.B.R. will be submitted to the painting of incompatible lawyers. 9. La Article 25, paragraph 2 is amended and will read as follows: ((2) In cases where there is incompatibility, the decision to receive in the profession will produce the effects only from the date of termination of the state of incompatibility. 10. La Article 25, after paragraph 2 a new paragraph (3) is inserted, with the following contents: ((3) Until the end of the state of incompatibility, the one received in the profession will be entered in the picture of incompatible lawyers in a section, distinct. 11. Article 26 is amended and will read as follows: + Article 26 ((1) The courts are obliged to verify and rule on the quality of representative of a person who presents himself as a lawyer, exercising acts specific to this profession and using the insignia of the profession of lawyer. ((2) Exercising, without right, any activity specific to the profession of lawyer constitutes a crime and is punishable according to criminal law. ((3) The act of a person who exercises activities specific to the profession of lawyer in entities that are not part of the forms of professional organization recognized by this law constitutes a crime and is punishable according to the criminal law. ((4) The acts specific to the profession of lawyer, carried out publicly by a person who did not acquire the status of lawyer under the conditions of this law, are void. 12. La Article 30, after paragraph 1 a new paragraph (2) is inserted, with the following contents: ((2) I cannot be part of the management bodies of the profession lawyers who have debts due to the taxes and contributions established for the formation of the budget of the U.N.B.R. and the bar, as well as the funds of the Insurance House of Lawyers of Romania and of Subsidiaries. 13. La Article 31, after paragraph 1 two new paragraphs are inserted, paragraphs 1 ^ 1 and 1 ^ 2, with the following contents: ((1 ^ 1) The work carried out by the lawyer under the law and the Statute of the profession of lawyer, regardless of the form and manner of exercising the profession, which generates professional income, cannot be reconsidered as an addiction activity in compliance with provisions of Tax code . ((1 ^ 2) Lawyers can agree with the clients of the superior fees of those established in the table of minimum fees adopted by the U.N.B.R. Council. 14. La Article 35, after paragraph 1 a new paragraph (1 ^ 1) is inserted, with the following contents: ((1 ^ 1) They are exempted from the removal of documents and from the measure of confiscation: a) documents containing communications between the lawyer and his client; b) documents containing records made by the lawyer on matters relating to the defence of a client. 15. La Article 35, after paragraph 2 a new paragraph (3) is inserted, with the following contents: ((3) The ratio between the lawyer and the person he assists or represents may not be the subject of technical supervision unless there is data that the lawyer commits or prepares the commission of a crime between those provided for in art. 139 139 para. ((2) of the Code of Criminal Procedure . If during or after the execution of the measure it follows that the technical supervision activities concerned and the relations between the lawyer and the suspect or the defendant he defends, the evidence obtained cannot be used in any criminal proceedings, to be destroyed, immediately, by the prosecutor. The judge who ordered the measure is informed, immediately, by the prosecutor. The judge orders the lawyer. 16. Article 39 is amended and will read as follows: + Article 39 ((1) In the exercise of the profession, lawyers are indispensable partners of justice, protected by law, without being able to be assimilated to civil servants, except in situations where they attest to the identity of the parties, the content or the date of an act. ((2) The lawyer is obliged to respect the solemnity of the hearing, not to use words or expressions of nature to prejudice the dignity of the judge, the prosecutor, other lawyers, the parties or their representatives in the trial. ((3) The lawyer shall not be criminally liable for oral or written submissions in the appropriate form and in compliance with the provisions of par. ((2), before the courts, the prosecution bodies or other administrative bodies of jurisdiction, nor whether they are in connection with the consultations offered to the litigants or with the wording of the defence in that case or for the claims made in verbal consultations or written consultations granted to customers, if they are made in compliance with the norms of professional deontology. ((4) Failure by the lawyer to comply with the provisions ((2) and (3) constitute serious disciplinary misconduct. Disciplinary liability does not exclude criminal or civil liability. ((5) It does not constitute disciplinary misconduct nor can it attract other forms of legal liability of the lawyer's legal opinions, exercise of rights, fulfillment of obligations provided by law and use of legal means for the preparation and effective realization of the defense of the freedoms, rights and legitimate interests of its customers. 17. La Article 40, after paragraph 1 three new paragraphs are inserted, paragraphs 2 to 4, with the following contents: ((2) The lawyer is obliged to do all due diligence to defend the rights, freedoms and legitimate interests of the customers and to wear out the means provided by law, which they consider favorable to them. ((3) The lawyer is obliged to refrain from assisting and advising a client in his realization of acts or acts that could constitute crimes. ((4) The lawyer is entitled to immediately withdraw and give up the assistance and representation of the client if his actions and purposes, apparently legal at the beginning of the assistance and/or representation, prove, during that period, that being criminal. 18. La Article 46, after paragraph 1 a new paragraph (1 ^ 1) is inserted, with the following contents: ((1 ^ 1) Any contact between the lawyer and a person with a contrary interest in the case in which the lawyer is employed, its representative or a third party who proves that he is interested in the solution that will rule in question can only be achieved with the agreement express, prior, of the customer, in the presence of the customer or the person designated by him 19. La Article 46, after paragraph 4 three new paragraphs are introduced, paragraphs 4 ^ 1-(4 ^ 3), with the following contents: ((4 ^ 1) Disclosure by the lawyer, without right, of a confidential information from the private sphere of the client or concerning an operational or commercial secret that was entrusted to him by virtue of the same quality or that he was able to take cognizance of during the conduct of activities specific to the profession constitutes a crime and is punishable by imprisonment from one to 5 years. ((4 ^ 2) They are obliged to observe the professional secrecy and the members of the governing bodies of the profession of lawyer on the aspects of which they became aware by virtue of the exercise of the prerogatives with which they were invested. ((4 ^ 3) It is not a crime of the lawyer's failure to denounce certain crimes that he becomes aware of in the exercise of the profession, except for the following 1. murder, culpable homicide or other crime that resulted in the death of a person; 2. genocide, crimes against humanity or war crimes against persons; 3. those provided by art. 32 32-38 of Law no. 535/2004 on the prevention and combating of terrorism, with subsequent amendments and completions. In all cases, the lawyer who prevents the commission of the crime or its consequences in a way other than the denunciation of the perpetrator is exonerated from 20. Article 48 is amended and will read as follows: + Article 48 ((1) Any public communication or publicity made by a lawyer or a form of exercising the profession is permitted, provided that it complies with professional regulations and those relating to independence, dignity, integrity and integrity. the profession, the preservation of professional secrecy, to be objective and to correspond to the truth. ((2) The status of the lawyer profession regulates detailed the rules applicable to advertising made by lawyers or the forms of exercising the profession of lawyer in order to attract the clientele. 21. La Article 51, after paragraph 2 a new paragraph (3) is inserted, with the following contents: ((3) Within each bar is organized and operates the Court of Professional Arbitration of Lawyers, permanent institution of arbitration, non-governmental, without legal personality, independence in the exercise of duties. The organization, operation, as well as the duties of the Court of Professional Arbitration of Lawyers are regulated according to the Statute of the Lawyer Profession. 22. La Article 52 (2), by letter c) Insert a new letter, letter c ^ 1), with the following contents: c ^ 1) proposes candidates for the Central Disciplinary Board 23. La Article 56 (2), (b) and h) changes and will have the following contents: b) carry out the decisions and decisions of the Congress of Lawyers, the U.N.B.R. Council, the Standing Committee of the U.N.B.R. and the General Assembly of the Bar; ................................................................................................. h) verify and ascertains whether the acts concerning the constitution, modification and change of forms of exercise of the profession, as well as the conventions of grouping or professional cooperation meet the conditions laid down by law and the status of the profession of lawyer; authorizes the operation of these forms; organises and keeps records 24. La Article 56 (2), by letter h) a new letter, letter h ^ 1) is inserted, with the following contents: h ^ 1) identify and notify the competent judicial bodies the cases of exercise in any form of the specific activity of lawyer by persons who do not have the status of lawyer enrolled in a bar and on the painting of the lawyers of that bar or, registered being, do not have the right to exercise the profession; 25. La Article 56 (2), points i) , q) and v) changes and will have the following contents: i) coordinate the activity of the branch or branch of the Insurance House of Lawyers (C.A.A.) within the competence and exercise control of its activity upon referral to the Board of Directors of the C.A.A. or of the U.N.B.R. Council, independently of the right of control of the Board of Directors of the C.A.A. or of the U.N.B.R. Council; .................................................................................................. q) approve the organizational chart, the state of functions and employ the bar staff; ................................................................................................ v) perform any other duties provided for in the law or in other normative acts. 26. Article 57 is amended and will read as follows: + Article 57 ((1) The meetings of the bar council are convened by the dean or his replacement. The Council may also be convened by one third of its members. ((2) The bar council works legally in the presence of two thirds of its members and makes valid decisions with the vote of the majority of the members present. 27. La Article 58 (1), point b) is amended and will read as follows: b) preside over the bar council meetings; 28. Article 59 is amended and will read as follows: + Article 59 The lawyer unhappy with the decision of the dean can attack her at the bar council, within 15 days of communication. 29. La Article 64 (1), by letter a) Insert a new letter, letter a ^ 1), with the following contents: a ^ 1) choose and revoke the members of the U.N.B.R. Council among the members of Congress, according to 65 65 para. ((1) and the provisions of the Statute of the lawyer profession; 30. La Article 64 (1), point b) is amended and will read as follows: b) choose and revoke the central censor commission; 31. La Article 64 (1), by letter h) a new letter, letter i) is inserted, with the following contents: i) exercise and other duties provided by law. 32. La Article 66, by letter f) Insert a new letter, letter f ^ 1), with the following contents: f ^ 1) approve the use of U.N.B.R. and C.A.A. heritage in revenue-producing activities, according to the law; 33. La Article 66, points o) , p) and r) changes and will have the following contents: o) verify the legality and merits of the decisions to receive in the profession and to register on the lawyers ' table, given by the bar councils, at the request of the interested persons; p) cancels, for causes of illegality, the decisions and decisions adopted by the governing bodies of the bars, except those aimed at complaints of third parties or lawyers against decisions adopted in the matter of complaints directed against lawyers, who violate it egea and Status of the lawyer profession , following the appeal made by the members of the respective bar or the complaint of the President of the U.N.B.R.; ............................................................................................... r) choose and revoke the members of the Board of Directors of the C.A.A., coordinate its activity and exercise control of its activity upon referral to the council of a bar, the Standing Commission or the Audit Committee of the C.A.A.; 34. La Article 66, by letter t) three new letters, letters u), v) and x are inserted), with the following contents: u) issue interpretative judgments for the correct and unitary application of the Status of the legal profession , of the C.A.A. Statute and other normative acts issued on their basis; v) approve the annual budget of the National Institute for the Preparation and Improvement of Lawyers and its annual budget execution. x) adopt, with a character of recommendation, the picture of minimum fees for services provided according to the law on the forms of exercising the profession of lawyer. 35. La Article 68 (1), by letter c) Insert a new letter, letter c ^ 1), with the following contents: c ^ 1) approve the organizations and states of functions of the U.N.B.R., the Insurance House of Lawyers and the National Institute for the Preparation and Improvement of Lawyers, on the proposal, as the case may be, of the Standing Committee of the U.N.B.R., the Board of Directors of C.A.A. and the Governing Board of the INPPA, respectively; 36. La Article 68 (1), by letter d) Insert a new letter, letter d ^ 1), with the following contents: d ^ 1) exercise the powers provided by law on general meetings of shareholders/associates of companies established for the use of the U.N.B.R. patrimony in revenue-producing activities; 37. La Article 68 (1), by letter g) a new letter, letter h) is inserted, with the following contents: h) has the obligation to defend the lawyer's professional reputation, at his request, on the basis of research and proposals submitted by the council of the bar to which he belongs. 38. La Article 85, paragraph 1 is amended and will read as follows: + Article 85 ((1) The fees for legal assistance granted in any of the forms provided for in this chapter shall be established by the protocol concluded between the U.N.B.R., the Ministry of Justice and the Public 39. La Article 85, after paragraph 1 a new paragraph (1 ^ 1) is inserted, with the following contents: ((1 ^ 1) Payment of fees provided in par. ((1) shall be made within 45 days from the date of deposit of the settlements by the bars to the competent judicial body. For the payment delay the fees are calculated and interest/penalties are paid at the level provided by Law no. 207/2015 on the Fiscal Procedure Code , with subsequent amendments and completions, in the case of amounts to be returned or reimbursed from the state budget. Interest payments/penalties are made at the request of the bars. 40. La Article 85, paragraphs 2 and ((3) changes and will have the following contents: ((2) The funds necessary to pay the fees provided in par. ((1) shall be ensured from the amounts provided for art. 47 of Government Emergency Ordinance no. 80/2013 on stamp court fees, with subsequent amendments and completions. ((3) For the current expenses necessary for the operation of the judicial assistance services of the bars, from the amounts transferred monthly for the remuneration of the lawyers, each bar constitutes a fund by withholding 2% of the value of these approved amounts and effectively paid, according to the rules established by the Statute of the legal profession. The retention of the 2% percentage is made upon the actual payment of the fee to the entitled lawyer. 41. La Article 86, paragraph 1 is amended and will read as follows: + Article 86 ((1) The lawyer responds disciplinarily for non-compliance with the provisions of this law or statute, for non-compliance with mandatory decisions adopted by the governing bodies of the bar or union, as well as for any acts committed in the connection with or outside the profession, which are likely to prejudice the honour and prestige of the profession, the body of lawyers or the institution. 42. La Article 86, after paragraph 3 a new paragraph (4) is inserted, with the following contents: ((4) Constitutes serious disciplinary misconduct violation of the provisions of law and of S The father of the lawyer profession which expressly provide for such qualification. 43. La Article 87, paragraph 4 is amended and will read as follows: ((4) In all cases, the disciplinary action may be exercised no later than one year after the date of the meeting, by the council of the bar, about the commission of the deviation, but not later than 3 years from the date of its commission. 44. La Article 89 (1), point c) is amended and will read as follows: c) fine from 500 lei to 5,000 lei, which is made to the budget of the bar. The payment of the fine will be made within 30 days from the date of final stay of the disciplinary decision. Failure to pay this term attracts the suspension of law from the exercise of the profession, until the amount is paid. The limits of disciplinary fines shall be regularly updated by the U.N.B.R. Council, depending on the rate of inflation; + Article II Law no. 51/1995 for the organization and exercise of the profession of lawyer, republished in the Official Gazette of Romania, Part I, no. 98 of February 7, 2011, as amended, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (1) of the Romanian Constitution, republished .
CHAMBER OF DEPUTIES PRESIDENT
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, March 24, 2017. No. 25. ----