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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

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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LEGE no. 231 231 of 4 December 2000 amending and supplementing Law no. 51/1995 for the organisation and exercise of the legal profession
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 635 635 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, shall be amended and supplemented as follows: 1. Article 3 shall read as follows: "" Art. 3. -The lawyer's activity is performed by a) legal consultations and requests, legal assistance and representation before the bodies of jurisdiction, prosecution and public notaries; b) defence, representation with specific legal means of rights and legitimate interests of natural and legal persons in relations with public authorities, institutions and with any Romanian or foreign person; c) drafting of legal acts, with the possibility of attesting the identity of the parties, the content and the date of the d) any other means and ways of exercising the right of defence, under the law. " 2. In Article 5, paragraph 5 shall read as follows: " Professional civil society is made up of 2 or more definitive lawyers. In professional civil society they can exercise their profession and lawyers collaborators or salarized lawyers. Professional civil society and lawyers who practise within it cannot give legal assistance to persons with contrary interests. " 3. After Article 5, Articles 5 ^ 1 and 5 ^ 2 are inserted with the following contents: "" Art. 5 5 ^ 1. -Any lawyer, regardless of the form of exercising the profession, can conclude collaboration conventions with experts or other specialists, under the law. Professional civil law firms can only conclude such conventions with the unanimous consent of the associates. Article 5 ^ 2. -The forms of exercising the profession of lawyer will be individualized by name, as follows: a) in the case of the individual cabinet-the name of the titular lawyer, followed by the phrase b) in the case of the associated offices-the names of all the holders, followed by the associated practices; c) in the case of professional civil societies-the name of at least one of the associates, followed by one of the following phrases and associations-civil society of lawyers or civil society of lawyers; d) in the case of grouped cabinets-the names of each cabinet holder, followed by the phrase offices of lawyers grouped. The name of the forms of exercising the profession, individualized according to par. 1, may also be preserved after the death or departure of one of the associates, with the consent of the departed or, as the case may be, of all the heirs of the deceased, expressed in The names referred to in par. 1 will appear on the companies of the offices and companies under the conditions established by the statute. " 4. In Article 6, paragraph 1 shall read as follows: " The conventions of grouping and association of offices, the acts of establishment of professional civil societies, as well as the conventions provided in art. 5 ^ 1 ends in written form, in compliance with the substantive conditions provided by law and the status of the profession. " 5. In Article 9, letter a) shall read as follows: "a) is a Romanian citizen, domiciled in Romania, has the exercise of civil and political rights and does not exercise an authorized or salarized profession in another country;" 6. Article 10 shall read as follows: "" Art. 10. -The member of a bar in another country can exercise the profession of lawyer in Romania, if he meets the conditions provided by law, except those regarding Romanian citizenship. The member of a bar in another country cannot provide legal assistance regarding the Romanian law. The foreign lawyer can exercise the profession of lawyer in Romania only within professional civil societies, in association with Romanian lawyers, under the conditions of art. 5 5, 5 ^ 1, 5 ^ 2 and 6. The number of Romanian associate lawyers must be at least equal to the number of foreign lawyers associated. The foreign lawyer may not make oral or written conclusions before the courts and other judicial and judicial bodies, except those of international arbitration. The fees due to the foreign lawyer will be registered and paid in full in Romania. The foreign lawyer who exercises the profession in Romania is obliged to enroll in a special painting held by each bar and will be subject to the provisions of this law and the status of the profession. " 7. In Article 12, letter a) shall read as follows: "" a) the activity of salarised in professions other than that of a lawyer; ' 8. In Article 14, paragraph 2 shall read as follows: " On request, it can be received in the profession, with exam exemption: a) the holder of the doctor's degree in law; b) the one who, previously or on the date of receipt in the profession of lawyer, has served as a judge, prosecutor, notary, legal adviser or jurisconsult for at least 10 years. " 9. In Article 15, paragraph 3 shall read as follows: " The internship is suspended during the military service or concentration, in case of lack motivated by profession or in case of termination of professional guidance without fault to the trainee lawyer. The period of the previous internship shall be counted for the performance of the internship. " 10. Article 15 shall be inserted after Article 15 (1) with the following contents: "" Art. 15 15 ^ 1. -I can direct the work of a trainee lawyer only the defining lawyers who have the right to draw conclusions to the Supreme Court of Justice. " 11. In Article 17, paragraph 2 shall read as follows: "" The provisions of para. 1 shall also apply accordingly to the lawyer whose husband, relative or afin up to the third degree, including the position of judge at the Constitutional Court or the position of financial judge, adviser of accounts or financial prosecutor at the Court of Auditors ' courts. 12. In Article 19, paragraph 2 shall read as follows: "The definitive lawyer has the right to draw conclusions to all courts, except the Supreme Court of Justice, the Court of Auditors and the Constitutional Court, where he will be able to draw conclusions after 6 years from the promotion of the final examination." 13. Article 23 (c) shall be repealed. 14. in Article 24, after letter c), the following point d is inserted: "" d) on request. " 15. in Article 27, paragraph 1 shall be inserted after paragraph 1 with the following contents: " For this purpose the lawyer can open a bank account for the collection of fees and one for submitting the amounts received from the customer for expenses in his interest. The method of administration of the amounts handed over by the client to the lawyer for expenses in his interest will be established by the convention between the lawyer and the client, 16. Paragraph 2 of Article 27 becomes Article 27 ^ 1. 17. Article 28 shall read as follows: "" Art. 28. --The lawyers have their own social security system. The social insurance system of lawyers is regulated by law and is based on their contribution, as well as on other sources provided by law or the Statute of the Insurance House of Lawyers. Time served in law is considered seniority. " 18. Article 31 (2) shall be repealed. 19. Article 35 shall be inserted after Article 35 with the following contents: "" Art. 35 35 ^ 1. -The lawyer is obliged to ensure for professional liability, under the conditions established by the statute of the profession. " 20. Article 48 (2), letter h) shall read as follows: "" h) take note of the transfer request; ' 21. In Article 54, paragraph 1 shall read as follows: " The Congress of Lawyers is constituted by delegates of each bar, according to the norm of representation established by the statute, from the deans of the bars and the other members of the Council of the Union of Lawyers of Romania 22. In Article 58, letter i) shall read as follows: "" i) annuls the decisions of the bars for illegality; " 23. in Article 58, the letter j) shall be inserted as follows: " j) establish and coordinate the National Institute for the Preparation and Improvement of Lawyers-I.N.P.P.A., constituted as a legal person of private law, non-profit, who is not part of the national education system and is not subject authorisation and accreditation procedures. '; 24. In Article 68 (1), letter c) shall read as follows: " c) fine from 500,000 lei to 5,000,000 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 within this period shall entail the suspension of law from the profession until the payment of the amount; " 25. in Article 70, paragraph 2 is inserted as follows: "The organization and functioning of the Insurance House of Lawyers shall be established by the Council of the Union of Lawyers of Romania by statute." 26. In Article 71, paragraph 2 shall read as follows: " The lawyer enrolled in the bar, with the right of exercise of the profession, is obliged to contribute to the establishment of the fund of the Insurance House of Lawyers. The contribution may not be less than the amount established by the Council of the Union of Lawyers in Romania so as to cover the current payment needs of the Insurance House of Lawyers. Lawyers can also be part of other forms of social insurance. " 27. in Article 73, paragraph 2 is inserted as follows: "The Insurance House of Lawyers may set up branches or branches, under the conditions and with the procedure provided for in the status of its organization and functioning." + Article 2 Foreign lawyers who exercise the profession in Romania in various forms of law are obliged to constitute themselves in professional civil societies, according to art. 10, within 6 months from the date of entry into force of this Law. In order to register and register the professional civil society, the assent of the Union of Lawyers of Romania is required. After the expiry of the term of 6 months the prosecution bodies, ex officio or at the request of the Union of Lawyers of Romania or of the bar, will refer themselves to the commission of the crime provided for art. 22 22 of Law no. 51/1995 . + Article 3 The fines that are made to the budget of the bar, provided by this law, shall be updated periodically, depending on the inflation rate, by the Council of the Union of Lawyers of Romania. + Article 4 This Law shall enter into force on the date of its publication in the Official Gazette of Romania, Part I, and shall apply 30 days after its publication. + Article 5 Law no. 51/1995 for the organization and exercise of the profession of lawyer, with the amendments made by this law, will be republished in the Official Gazette of Romania, Part I, within 30 days, giving the paragraphs and articles the corresponding numbering. This law was adopted by the Senate at the meeting of 6 November 2000, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS This law was adopted by the Chamber of Deputies at the meeting of November 13, 2000, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VASILE LUPU -------