Law No. 231 Of 4 December 2000 On The Modification And Completion Of The Law #. 51/1995 For The Organization And Exercise Of The Profession Of Lawyer

Original Language Title:  LEGE nr. 231 din 4 decembrie 2000 privind modificarea şi completarea Legii nr. 51/1995 pentru organizarea şi exercitarea profesiei de avocat

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Law No. 231 of 4 December 2000 on the modification and completion of the law #. 51/1995 for the Organization and exercise of the profession of lawyer published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 635 of 7 December 2000, the Romanian Parliament adopts this law.


Article 1, law No. 51/1995 for the Organization and exercise of the profession of lawyer, published in the Official Gazette of Romania, part I, no. 116 of 9 June 1995, changed and completed as follows: 1. Article 3 shall read as follows: Art. 3.-lawyer's activity is carried out by: a) consultations and requests legal assistance and representation before courts, bodies of prosecution and in front of notaries public;
  

b) defence, legal means specific representation of the rights and legitimate interests of natural and legal persons in relations with public authorities, institutions and anyone with Romanian or foreign;
  

(c) drafting of legal acts), the certificate of identity of parties, date and contents of the acts;
  

(d) any other means) and own horses exercise of the right of defence, in accordance with the law. "
  

2. In article 5, paragraph 5 shall read as follows: "Professional Civil Society consists of 2 or more lawyers definitivi. In civil society can exercise their professional occupation collaborators and staff lawyers or lawyers. Professional and civil society advocates that some within her legal aid may not be granted to persons with contrary interests. "
3. Article 5 shall be inserted After article 5 ^ 5 ^ 1 and 2 with the following content: "Art. 5 ^ 1. -Any lawyer, no matter what form of exercise of the profession, may conclude agreements of collaboration with experts or other specialists, according to the law. Professional civil societies of lawyers may conclude such agreements only with the unanimous agreement of members.
Art. 5 ^ 2. -Forms of the exercise of the legal profession will be individually by name, as follows: a) If individual Cabinet-lawyer name holder, followed by the phrase Law Office;
  

b) in the case of names of all the associated cabinets-holders, followed by the phrase associated offices;
  

c) in the case of civil societies-the name of at least one of the partners, followed by one of the following phrases and civil-society associations of lawyers or civil society of lawyers;
  

d) in the case of grouped-cabinets each cabinet holder name, followed by the words of lawyers offices grouped.
  

The name of the forms of exercising the profession, individualized according to para. 1, can be preserved and upon the death or departure of one of its members, with the agreement of the person left or, where appropriate, of all the heirs of the deceased expressed in authentic form.
Names referred to in paragraph 1. 1 will be placed on businesses and offices of companies under conditions laid down by the Statute. "
4. In article 6, paragraph 1 shall read as follows: "the conventions of grouping and pairing of the cabinets, the instruments setting up professional civil societies, as well as the conventions referred to in article 1. 5 ^ 1 ends in written form, with the substantive conditions laid down by the law and the status of the profession. "
5. In article 9, paragraph a) shall read as follows: "a Romanian citizen) is domiciled in Romania, has the exercise of civil and political rights and not pursue a profession authorized or salarizata in another country;"
6. Article 10 shall read as follows: Art. 10.-the Member of a bar from another country can exercise the profession of advocate in Romania, if it fulfils the conditions provided by law, except those relating to Romanian citizenship.
A member of a bar from another country cannot give legal assistance law.
Foreign lawyer may practise as a lawyer in Romania only in the context of civil society, in association with professional lawyers, pursuant to article. 5, 5 ^ 1 ^ 2, 5 and 6. The number of Romanian lawyers associated with them must be at least equal to the number of foreign lawyers associated with them.
Foreign lawyer cannot put oral or written conclusions in front of courts and other judicial and judicial organs, except those of international arbitration.
Fees due the lawyer will register the alien and will pay in full in Romania.
Foreign lawyer engaged in the profession in Romania is obliged to register in a particular array held each bar and will be subject to the provisions of this law and the status of the profession. "
7. In article 12, paragraph a) shall read as follows: ") salarizata within the activity for professions other than that of lawyer;"
8. In article 14, paragraph 2 shall read as follows: "upon request, can be received in the profession, with the exemption of exam: a) the holder of the diploma of doctor in law;
  

b) at which, or the date of receipt in the legal profession, has fulfilled the function of judge, Prosecutor, notary, legal advisor or legal counsel for at least 10 years. "
  

9. In article 15, paragraph 3 shall read as follows: "Probationary adjourn during military service or attention, in case of the absence of reasoned from a profession or in the event of termination without professional guidance culpa lawyer trainee. The period of internship previously made shall be reckoned for fulfilling internship. "
10. After article 15 shall be inserted in article 15 ^ 1 with the following content: "Art. 15 ^ 1. -Can the activity of a trainee lawyer is advising only definitivi lawyers who are entitled to put the conclusions to the Supreme Court of Justice. "
11. In article 17, paragraph 2 shall read as follows: "paragraph. 1 apply properly and lawyer whose husband, relative times until Cranberry third degree including the preside judge of the Constitutional Court judge financial times, financial accounts to the courts or public prosecutor of the Court of Auditors. '
12. In article 19, paragraph 2 shall read as follows: "the lawyer has the right to put a definitive conclusions at all courts except the Supreme Court of Justice, Court of Auditors and of the Constitutional Court, where it will be able to put the conclusions after six years of passing the examination of solidified."
13. In article 23, subparagraph (c)) shall be repealed.
14. In article 24, after the letter c) is inserted in point d) with the following contents: d). "
15. In article 27, paragraph 1 shall be inserted after paragraph 1 ^ 1 with the following content: "for this purpose the lawyer may open a bank account for cashing fees and one for amounts received from the customer for its interest expenses. Mode of administration of client advocate for rental expenses in the interests of, or to be established by the Convention between attorney and client, according to its statutes. "
16. Paragraph 2 of article 27 becomes article 27 ^ 1.
17. Article 28 shall read as follows: Art. 28. have your Attorneys-social security.
The social security system of lawyers is regulated by law and based on their contribution, as well as on other sources of law whenever the status of Insurance lawyers.
Time served in law firms is considered old in the work. "
18. In article 31, paragraph 2 is repealed.
19. After article 35 article 35 ^ insert with the following contents: 1 ". 35 ^ 1. -The lawyer is obliged to ensure for liability under the conditions laid down by the Statute of occupation. "
20. In article 48, paragraph 2, subparagraph (h)) shall read as follows: "h) take note of the request for transfer;"
21. In article 54, paragraph 1 shall read as follows: "UAR is made up of the delegates of each bar, according to the norm of representation established by statute, bars and other deans from members of the Union Council of Romania."
22. In article 58, the letter i) shall read as follows: "i) annuls the decisions of the Association for illegality;"
23. Article 58 shall be inserted in point j) with the following content: "j) set up and coordinate the National Institute for the preparation and perfection of the Lawyers-I.N.P.P.A., constituted as a legal person governed by private law, which is not part of the national educational system and is not subject to authorisation procedures and accreditation."
24. In article 68, paragraph 1, subparagraph (c)) shall read as follows: "(c)) from 500,000 lei fine to 5,000,000 lei, which is made at the bar budget income. Payment of the fine shall be made within 30 days from the date of final judgment whether disciplinary measures. Failure to pay within this period draws the suspension of the exercise of the profession until payment; "
25. In article 70 shall be inserted in paragraph 2 with the following content: "Organization and operation of Insurance of lawyers shall be determined by the Council of the Union of attorneys of Romania by statute."
26. In article 71, paragraph 2 shall read as follows: "a lawyer enrolled in Harvard, the exercise of the profession, is obligated to contribute to fund the house insurance. Contribution may not be less than the amount fixed by the Union of attorneys of Romania so to cover current needs for payment of Insurance lawyers. Lawyers can be part and other forms of social insurance. "
27. In article 73 shall be inserted in paragraph 2 with the following content: "insurance Lawyers may establish subsidiaries or branches, under conditions and pursuant to the procedure provided for in the Statute of the Organization and functioning of it."


Article 2


Foreign lawyers engaged in the profession in Romania in various forms not provided for in law are required to set up the professional civil societies, according to art. 10, within 6 months from the date of entry into force of this law. To enroll in the bar and professional registration of civil society is required the assent of the Lawyers Union from Romania.
After the expiry of 6 months the prosecution ex officio or at the request of the Lawyers Union from Romania or the Bar Association shall refer the matter for committing the offence referred to in article 1. 22 of law No. 51/1995.


Article 3 the fines which came to the Bar Association, provided for in this law, shall be updated periodically, depending on the inflation rate, the Lawyers Union from Romania.


Article 4 the present law enters into force on its publication in the Official Gazette of Romania, part I, and apply it to 30 days from publication.


Article 5 law No. 51/1995 for the Organization and exercise of the profession of lawyer, as amended by this law, will be republished in the Official Gazette of Romania, part I, within 30 days, giving it the proper numbering of paragraphs and articles.
This law was adopted by the Senate at its meeting on 6 November 2000, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE CHAIRMAN MIRCEA IONESCU-QUINTUS this law was adopted by the Chamber of deputies at its meeting on 13 November 2000, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, VASILE LUPU — — — — — — —