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Law No. December 22, 2010 270 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. 270 din 22 decembrie 2010 privind modificarea şi completarea Legii nr. 51/1995 pentru organizarea şi exercitarea profesiei de avocat

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LEGE no. 270 270 of 22 December 2010 amending and supplementing Law no. 51/1995 for the organisation and exercise of the legal profession
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 872 872 of 28 December 2010



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. 113 of 6 March 2001, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 1, paragraph 3 shall be amended and shall read as follows: " (3) The constitution and operation of bars outside the U.N.B.R. are prohibited. The acts of incorporation and registration thereof shall be null and void. Nullity can also be found ex officio. " 2. In Article 5, paragraph 1 shall be amended and shall read as follows: "" Art. 5. -(1) The forms of exercise of the profession of lawyer are: individual offices, associated offices, professional civil societies or professional companies with limited liability. " 3. Article 5 ^ 1 is amended and shall read as follows: "" Art. 5 5 ^ 1. -(1) The professional company with limited liability is a civil society with legal personality, constituted under the conditions provided by this law and the Statute of the profession of lawyer, by the association of at least 2 defining lawyers, located in the exercise of the profession, whether or not they own or whether or not they belong to another form of exercising the profession. (2) The acquisition of the legal personality of the professional company with limited liability takes place on the date of registration at the bar of the decision issued by the council of the bar in whose territorial area the main office is located. (3) The limited liability company has a heritage of affection. (4) The obligations and liability of the professional company with limited liability are guaranteed by the estate. Associates respond personally, only within the limit of everyone's social contribution. (5) If the limited liability company is made up of lawyers who are part of other forms of exercising the profession, the latter may not be subject to liquidation if the associations so agree. ((6) The form of exercise of the profession from which the associate comes, if applicable, ceases his professional activity carried out in his own name during the period in which the titular lawyer or, as the case may be, his or her lawyers have the status of associate in the company with limited liability. During the period in which the form of exercising the profession ceases its activity because of this, the Lawyers ' picture is properly mentioned the situation regarding the cessation of activity, under the conditions provided by the Statute of the profession of lawyer. (7) In the case of professional benefits consisting of legal assistance and representation at courts, prosecutors ' offices, criminal investigation bodies or other authorities, the limited liability company has the obligation to mention in the contract concluded with the customer the name of the lawyer/lawyers chosen/elected or accepted/accepted by the customer to provide the professional service, as well as the granting or, as the case may be, the failure to (8) The professional limited liability company conducts the accounting in the simple game and is subject to the tax transparency regime. The payment of income tax is made by each associate, for his own income. " 4. In Article 11 (1), points a) and b) shall be amended and shall read as follows: "" a) has the exercise of civil and political rights; b) is a licensee of a law school with the duration established by law; ". 5. In Article 12, paragraph 1 shall be amended and shall read as follows: "" Art. 12. -(1) The member of a bar from another country may exercise the profession of lawyer in Romania, in case of fulfilment of the conditions provided by this law. " 6. In Article 13, letter b) is amended and shall read as follows: " b) the one who committed abuses by which the fundamental rights and freedoms of man, established by judicial decision, were violated, or committed serious disciplinary violations, sanctioned with the measure of exclusion from the profession, as a sanction disciplinary; '. 7. Article 16 is amended and shall read as follows: "" Art. 16. -(1) Receiving in the profession is carried out only on the basis of an examination organized by the U.N.B.R., at least annually and at national level, according to the present law and the Statute of the profession of lawyer. (2) The examination for the reception in the profession of lawyer shall be held within the National Institute for the Preparation and Improvement of Lawyers and shall be conducted in a unified manner, in its territorial centers, based on an elaborate methodology and approved by the U.N.B.R. Council (3) The exam theme is unique at the U.N.B.R. level, and the selection of topics is made by the national exam commission. (4) The national examination commission is composed mainly of lawyers-university teachers, who are at least 10 years old in the profession of lawyer. Its designation is made by the U.N.B.R. Permanent Commission, on the proposal of the bars. (5) Provisions art. 102 102 para. ((2) of Law no. 303/2004 on the status of judges and prosecutors, republished, with subsequent amendments and completions, shall apply accordingly, as well as to judges of international courts. " 8. Article 16 ^ 1 shall be repealed. 9. In Article 17, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "(2 ^ 1) During the period of the internship, with the consent of the tutor, the trainee lawyers may attend master classes, which are taken into account in the assessment of the initial professional training, under the conditions provided by the Statute of the profession of lawyer." 10. In Article 17, paragraph 3 shall be amended and shall read as follows: "" (3) The internship is suspended in case of a lack of motivation in the 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. " 11. Article 19 is amended and shall read as follows: "" Art. 19. -(1) The quality of the definitive lawyer shall be obtained on the basis of an examination organized by the U.N.B.R., annually and at national level, according to the present law and the Statute of the profession of lawyer or by passing the graduation examination of the National Institute for Preparation and Improvement of Lawyers, under the conditions provided by the Statute of the Lawyer Profession. (2) The final examination shall be held within the National Institute for the Preparation and Improvement of Lawyers and shall be conducted in a unified manner, on territorial centers, based on a methodology developed and approved by the U.N.B.R. Council. (3) The theme of the completion exam is unique at the level of the U.N.B.R., and the selection of topics is made by the national exam commission. (4) The national exam commission is formed, in particular, from lawyers-university teachers, who have at least 10 years old in the profession. Its designation is made by the U.N.B.R. Permanent Commission, on the proposal of the bars. (5) The one who passed the reception examination in the profession of lawyer and who until the date of taking the examination of receipt in the profession of lawyer has served as judge, prosecutor, public notary, legal adviser or jurisconsult for 5 years acquires the status of permanent lawyer, without taking the examination of completion provided in par. (1), provided that the examination to be completed in the profession from which it comes is passed. (6) Provisions of para. (5) shall also apply to persons who have passed the entrance examination in the profession of lawyer and who have performed legal specialized positions in the apparatus of the Parliament, the Presidential Administration, the Government, the Constitutional Court, the Advocate The People, the Court of Auditors and the Legislative Council for 5 uninterrupted years. (7) The trainee lawyer who has exercised at least one parliamentary term, mayor, deputy mayor, county council president or county council vice president acquires on request the status of permanent lawyer. (8) Lawyers-former judges cannot draw conclusions to the courts where they worked, and former prosecutors and police personnel cannot provide legal assistance to the prosecution unit they have been operating at, for 5 years from the courts. termination of that function. ' 12. In Article 20, paragraph 1 shall be amended and shall read as follows: "" Art. 20. -(1) The profession of lawyer cannot be exercised at the courts, as well as at the prosecutor's offices beside them, including the National Anti-Corruption Directorate, the Directorate for Investigating Organized Crime and Terrorism, the High Court of Justice. Cassation and Justice or at the Prosecutor's Office of the High Court of Cassation and Justice, where the lawyer's husband or relative or his affin up to the third degree including performs the position of judge or prosecutor, regardless of the section, direction, the service or office in which it operates. '; 13. In Article 20, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "" (2 ^ 1) Provisions para. ((1) shall not apply to the associated cabinet, civil society or limited liability company in which it is associated or employed the one to whom the prohibition referred to in paragraph 1 applies. ((1) and (2). ' 14. Article 20 (3) shall be repealed. 15. In Article 20, paragraph 4 shall be amended and shall read as follows: " (4) Provisions of para. (1) and (2) shall also apply to the titular lawyer, to the associate lawyer, to the lawyer collaborator or salarized within the profession, who uses the form of professional organization or the reports of professional cooperation established under the law in purpose of circumvention of these prohibitions. 16. In Article 22, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) The trainee lawyers, after the bar registration, have the obligation to attend the National Institute for the Preparation and Improvement of Lawyers, during the internship period. " 17. in Article 22, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The permanent lawyer is obliged to attend the forms of continuous professional training organized by the bar, the National Institute for the Preparation and Improvement of Lawyers or the forms of exercising the profession, under the conditions provided by The status of the lawyer profession. " 18. In Article 25, after paragraph 1, four new paragraphs are inserted, paragraphs 2 to 5, with the following contents: " (2) 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. (3) Acts specific to the profession of lawyer, carried out publicly by a person who has not acquired the status of lawyer under the conditions of this law, are void if there has been an injury that cannot be remedied otherwise, unless the way of their fulfilment was likely to produce a common error with regard to the quality of the person who committed them. (. In the cases provided for in this Article, the bar shall be entitled to action for damages against the natural or legal person exercising without right the profession of lawyer. (5) The amounts obtained as compensation according to par. (4) will be included in the budgets of the bars and will be used exclusively for the organization of the professional training activity of the lawyers, under the law. " 19. Article 31 is amended and shall read as follows: "" Art. 31. -Appeals and complaints about fees are resolved by the dean of the bar. The decision of the dean can be appealed to the council of the bar, whose decision is final. " 20. in Article 32, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) The lawyer is entitled to the recovery of the work capacity, under the conditions provided by the Statute of the profession of lawyer. 21. After Article 32, a new article is inserted, Article 32 ^ 1, with the following contents: "" Art. 32 32 ^ 1. -It constitutes seniority in the profession of lawyer during which the lawyer exercised the position of judge, prosecutor, notary, performed legal specialized positions in the apparatus of the Parliament, Presidential Administration, Government, Court Constitutional, Ombudsman, Court of Auditors and Legislative Council, as well as the period during which he was suspended from the profession in order to exercise a function of public dignity or an assimilated function with the function of public dignity. " 22. Article 36 is amended and shall read as follows: "" Art. 36. -The Ministry of Justice is obliged to provide the necessary spaces in order to carry out the activity of lawyers in the courts 23. In Article 37, paragraph 2 shall be amended and shall read as follows: "(2) The threat committed against the lawyer during the exercise of the profession and in connection with it shall be punishable by imprisonment from 3 months to 2 years or with a fine." 24. In Article 37, after paragraph 4, a new paragraph (4 ^ 1) is inserted, with the following contents: " (4 ^ 1) In the case of crimes provided in par. ((2) and (3), committed against the spouse or a close relative of the lawyer for the purpose of intimidation or revenge in connection with the exercise by the lawyer of the profession, the special limits of punishment provided by the law shall be increased by half. " 25. In Article 37, after paragraph 6, a new paragraph (6 ^ 1) is inserted, with the following contents: " (6 ^ 1) The lawyer is not criminally liable for the professional recommendations and opinions he communicates to his client nor for the legal acts he proposes to his client, followed by the client's commission of a fact provided by the law criminal. This paragraph does not apply to the crimes provided by the Criminal Code in art. 155 155-art. 173 173, art. 174 174-art. 192 192, art. 197 197-art. 204 204, art. 205 205-art. 206 206, art. 236 236-art. 244 244, art. 273 273-art. 277 277, art. 279 279-art. 281 281, art. 303 303-art. 307 307, art. 308 308-art. 313 313, art. 314 314-art. 316 316, art. 317 317-art. 330 330, art. 331 331-art. 347 347, art. 348 348-art. 352 352, art. 353 353-art. 355 355, art. 356 356-art. 361 361. " 26. in Article 42, after paragraph 1, a new paragraph (2) is inserted, with the following contents: "(2) The acts drawn up by the lawyer for the keeping of the professional records required by law, as well as for the legitimation towards third parties of the quality of representative shall have full evidentiary force until the registration in false." 27. in Article 49, after paragraph 1, a new paragraph (2) is inserted, with the following contents: " (2) Within the bar, the committee of censors and the discipline commission operates. The organization, operation, as well as their duties are regulated according to the Statute of the profession of lawyer. " 28. Article 50 (2), point b) shall be amended and shall read as follows: " b) elect and revoke the dean, members of the board, members of the censor committee and those of the discipline commission. The dean is elected for a 4-year term and can only be re-elected once. The dean shall be chosen from lawyers with a minimum age of 10 years in the profession; ". 29. In Article 52, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) If the legal number is not met, and on the agenda of the meeting is not included the choice of the bar's governing bodies, the presidium of the general meeting, present with those present, establishes a new general meeting within the days from the date of the first convocation. The Bar Council is required to carry out the procedure of convening at least 7 days before the date fixed. (3) The general meeting convened under the conditions of par. ((2) is legally constituted with the participation of at least one third of the total number of its members. " 30. Article 52 (3 ^ 1) shall be repealed. 31. After Article 52, a new article is inserted, Article 52 ^ 1, with the following contents: "" Art. 52 52 ^ 1. -(1) The general assemblies of election of the governing body of the bar are legally constituted only with the participation of the majority of the members of the general meeting of the bar. (2) By exception to the provisions of par. ((1), in the case of bars that have more than 500 lawyers with the right to exercise the profession, if, at the first convocation, the legal number of participants is not met, the provisions of art. 52 52 para. ((2) and (3). ((3) Participation in the general assembly of election of the governing body of the bar shall be made in person. The lawyer's lawyer may not delegate the exercise of his right to vote to another lawyer. " 32. In Article 53, paragraph 1 shall be amended and shall read as follows: "" Art. 53. -(1) The bar council consists of 5 to 15 members, elected for a period of 4 years, and who have a continuous seniority in the profession of at least 8 years. The Dean and the Vice-Dean shall be included in that number. ' 33. in Article 57, after paragraph 5, a new paragraph (6) is inserted, with the following contents: "(6) The non-right use of the names" Barou "," National Union of Bars of Romania "," U.N.B.R. " or "Union of Lawyers of Romania" or of names specific to forms of exercising the profession of lawyer by any natural person or legal person, regardless of the object of the activity carried out by it, as well as the use of marks specific to the profession or the wearing of the lawyer's robe under conditions other than those provided by this law constitute crimes and are punishable by imprisonment from 6 months to 3 years or with a fine. " 34. In Article 63, letter h) is amended and shall read as follows: " h) organizes the reception examination in the profession of lawyer and the acquisition of the professional title of permanent lawyer, under the conditions of art. 16 and in compliance with the provisions of the Statute of the lawyer profession; ". 35. In Article 65 (1), after letter f) a new letter, letter g) is inserted, with the following contents: "g) approve the proposals of the bars for the designation of the territorial commissions necessary to take the entrance examination and completion in the profession of lawyer." 36. After the title of Chapter V, Section 1 is inserted, with the following title: "" SECTION 1 Cases and conditions for the granting of legal aid " 37. Article 68 is amended and shall read as follows: "" Art. 68. -(1) In the cases provided by law, the bars provide legal assistance in the following forms: a) in criminal cases, in which the defense is mandatory according to the provisions of the Code of Criminal b) in any case other than criminal cases, as a way of granting judicial public aid, under the law; c) legal assistance through lawyer, granted at the request of local public administration bodies. (2) In exceptional cases, if the rights of the person deprived of material means were damaged by delay, the dean of the bar may approve the granting of legal expert assistance free of charge. " 38. After Article 68, four new articles are inserted, articles 68 ^ 1-68 ^ 4, with the following contents: "" Art. 68 68 ^ 1. --(1) Where, according to art. 11-19 of Government Emergency Ordinance no. 51/2008 on civil judicial aid in civil matters, approved with amendments and additions by Law no. 193/2008 , the application for judicial public aid in the form of lawyer assistance has been approved, the application together with the conclusion of consent shall be sent immediately to the dean of the bar in the constituency of that court. (2) The dean of the bar or the lawyer to whom the dean has delegated this award will designate, within 3 days, a lawyer registered in the Judicial Assistance Register, to whom he transmits, with the notice of designation, the conclusion provided in par. ((1). The dean of the bar is required to communicate the name of the designated lawyer to the beneficiary of the public The beneficiary of the judicial public aid may request himself the appointment of a certain lawyer, with his consent, under the law. Art. 68 ^ 2. -(1) The lawyer designated according to art. 68 ^ 1 para. ((2) grant the judicial public aid may refuse this professional task only in the event of a conflict of interest or for other justified reasons. (2) The unjustified refusal to take over the case or to continue the execution constitutes disciplinary misconduct, under the law. (3) The unjustified refusal of the beneficiary or the unilateral and unjustified waiver of the beneficiary to the assistance provided by the designated lawyer leads to the cessation of public aid in the form of lawyer assistance. Art. 68 ^ 3. -(1) The out-of-court assistance provided for in art. 35 of Government Emergency Ordinance no. 51/2008 , approved with amendments and additions by Law no. 193/2008 , is granted by the Judicial Assistance Service constituted at the level of each bar, based on an application whose model is approved by the Department of Coordination of Judicial Assistance, which will include mentions of the object and nature of the request for assistance, identity, personal numerical code, residence and material status of the applicant and his family, attaching supporting documents of his and his family's income, as well as evidence of the obligations of maintenance or payment. The application will also be accompanied by a declaration on the applicant's own responsibility, in order to specify whether during the last 12 months he has received judicial public aid, in what form, for what cause, as well as the amount of this aid. (2) The proof of the material condition of the applicant is mainly made with the following documents: a) the certificate issued by the competent authorities or by the employer, as the case may be, showing the professional income of the applicant and of the other members of the family subject, according to the law, to the income tax, made during the period provided by the legislation on judicial public aid or the amounts collected as a pension, unemployment benefit or social security and the like, collected for the same period; b) the family card and, as the case may be, the birth certificates of the children; c) the certificate of disabled person of the applicant or child, as the case may be; d) self-declaration showing that the applicant and the other family members do not benefit from additional income; e) self-declaration regarding the patrimonial situation of the applicant and his family; f) self-declaration showing that the applicant and/or the other natural or adoptive parent or, as the case may be, another person entrusted with the child for adoption or having the child in foster care or placement in emergency regime or has been appointed guardian is in charge of raising and caring for the child and that he is not entrusted or given in foster care to any authorized private body or authorized public service or legal person; g) proof issued by the competent authorities regarding the situation of the taxable property of the applicant or, where applicable, of the other members of h) other acts necessary to establish the right to judicial assistance, according to the law. (3) The application for extrajudicial assistance shall be submitted to the judicial assistance service and shall be settled no later than 15 working days from the date of registration, by decision of admission or rejection, as the case may be. ((4) In the case of admission of the application for extrajudicial assistance, the decision on the granting of legal aid shall include the following: a) name of the act b) the name of the issuing body; c) the legal basis and in fact for issuing the decision; d) the person to whom the out-of-court assistance is provided; e) the type or form of out-of-court assistance granted; f) the date of issue, function and signature of the person who issued that act. (5) Pursuant to the decision granting the out-of-court assistance, the dean of the competent bar shall appoint a lawyer from the Register of Judicial Assistance of the Bar. (6) After the possibilities, the dean of the bar may approve the provision of extra-judicial assistance by a lawyer chosen by the person to whom the legal aid is granted. (7) The decision referred to in paragraph ((3) shall be communicated to the applicant within 5 working days from the date of issue of the decision. (8) The decision to reject the application for the provision of extra-judicial assistance may be challenged at the bar council within 5 days of its communication. (9) Appeals against the rejection decision shall be settled by the bar council, with an emergency character at the first meeting of the bar council. Art. 68 ^ 4. -The lawyer who provides legal assistance according to this chapter shall not be entitled to receive from the client or from the apparatus any kind of remuneration or other means of reward, even as a cover of expenses. " 39. Before Article 69, the 2nd section of articles 68 ^ 5-68 ^ 13 is inserted, with the following contents: "" SECTION 2 Organisation of the work to provide legal assistance Art. 68 ^ 5. -(1) Within the U.N.B.R. is organized the Department of Coordination of Judicial Assistance, an organ with permanent activity, coordinated by a Vice President of the U.N.B.R. The organizational structure of this department is established by decision of the Standing Committee of the U.N.B.R. (2) The Department of Coordination of Judicial Assistance issues methodological decisions and norms within the limits of the powers conferred by this law, under the conditions and with the procedure provided by the Statute of the profession of lawyer. Art. 68 ^ 6. -The Department of Coordination of Judicial Assistance shall, in particular, exercise the following tasks: a) carry out the methodological management of the activity of providing judicial assistance; b) develop the draft framework regulation for the organization of judicial assistance services; c) proposes or, as the case may be, endorses draft protocols that end with the competent public authorities in order to obtain the necessary financial means for the organization of judicial assistance services; d) organise the National Register of Legal Aid on the basis of registers drawn up by bars e) organize and coordinate the methodology for payment of fees for the legal assistance granted; f) carry out the control over the judicial assistance g) develop draft normative acts in the field of judicial assistance, which he proposes to the Ministry of Justice in order to promote; h) establishes, together with the Ministry of Justice, statistical indices, keeps the statistical record of the judicial assistance system and analyzes the necessary information for the correct planning and coordination of the judicial assistance system; i) collaborate with the Ministry of Justice for the proper functioning and planning, including from a budgetary point of view, of the judicial assistance system; j) popularize the legal aid system; k) establishes the formulary used by bars for the organization of judicial and extrajudicial assistance activity, under the law; l) represents the U.N.B.R. in the field of judicial assistance, within the framework of international cooperation in the field, under the law or the Statute of the lawyer profession. Art. 68 ^ 7. -In order to organize the judicial assistance activity, the bars meet the following tasks: a) organize the judicial assistance services both at the level of each bar and at the headquarters of each court; b) organize and update the Judicial Assistance Register of each bar based on the lawyers ' requests, approved by the bar council; c) designate the lawyers enrolled in the Judicial Assistance Register for the provision of legal assistance, taking into account the professional experience and the qualification of the lawyer, as well as the nature and complexity of the case, the other de according to the present law and its degree of employment; d) carry out the control over the provision of legal assistance by the lawyers of the bar; e) organize and execute programs to popularize the system of judicial assistance; f) perform any other duties provided by law or the Framework Regulation for the organization of judicial assistance services. Art. 68 ^ 8. -(1) The Bar organizes the judicial assistance services at the premises of all the courts of the county, in spaces intended exclusively for the conduct of this activity, which shall be made available, compulsorily and free of charge Ministry of Justice or, as the case may be, local public administration authorities (2) The assistance services provided in par. (1) are headed by a definitive lawyer, appointed by the bar board, and are coordinated by a member of the board. The organization, operation and duties of the judicial assistance services are carried out according to the regulation approved by the bar council, based on the Framework Regulation for the organization of judicial assistance services, approved by the Council U.N.B.R. Art. 68 ^ 9. -(1) Each bar shall organize the Register of Legal Aid in which the lawyers who may be designated for the provision of legal assistance and out-of-court assistance are enrolled. (2) The register shall be public, shall be kept on paper and in electronic form and shall be published on the website of each bar. ((3) The update of the Judicial Assistance Register for the following calendar year shall be made by the end of September of the previous calendar year. (4) In exceptional cases, changes may also be made in the Judicial Assistance Register during the year, according to the procedure provided for in the register. (5) The U.N.B.R. organizes the National Judicial Assistance Register, consisting of the judicial assistance registers of all bars. (6) The national legal aid register shall be published on the website of the U.N.B.R. and shall be updated automatically with the updating of the data from the register of each bar. Art. 68 ^ 10. -(1) For registration in the Judicial Assistance Register, the lawyer shall submit an application to the bar to which he belongs. (2) The application provided in par. (1) shall be completed according to the form approved by the Department of Coordination of Judicial Assistance of the U.N.B.R. (3) The lawyer's registration in the Judicial Assistance Register shall be made on the basis of the decision of the bar (4) The Board of the Bar may, reasoned, refuse to register in the register or to remove from the register a lawyer in the following cases: a) if a disciplinary sanction has been applied to the requesting lawyer; b) if the lawyer is accused of committing a common law offence; c) if the repeated violation of the provisions of this law or the lower quality of the judicial assistance granted has been found. (5) The deletion from the register may be ordered for a period of one year, and if the consecutive commission of three or more deviations from the obligations provided by this law is found, the deletion may be ordered for a period of up to 3 years. (6) The refusal of the applicant bar to register the applicant in the register, as well as the measure of the removal of a lawyer from the register, may be challenged according to the procedure VI of the present law. (7) The deletion decision in the register shall be brought to the public's attention by display on the website of the bar, as well as on the website of the U.N.B.R. Art. 68 ^ 11. -(1) For the legal assistance granted, the designated lawyer shall be entitled to a fee established by the judicial body, according to the nature and volume of the activity carried out, within the limits of the amounts established by the protocol concluded between the Justice Ministry. (2) By the act of enforceability of judicial assistance, the judicial body shall also determine the provisional amount of the lawyer's fee. (3) After the provision of legal assistance, the lawyer shall draw up a written reference on the effective lawyer's performance, according to the form approved by the Department of Coordination of Judicial Assistance of the U.N.B.R. The reference is subject to confirmation of the judicial body, which, depending on the volume and complexity of the activity carried out by the lawyer, as well as in relation to the duration, type and peculiarities of the case, may order the maintenance originally established. (4) The reference confirmed according to par. (3) shall be submitted to the bar, in order to carry out the formalities provided by law for payment of fees. (5) If the lawyer is disciplined, according to art. 70 70 para. (1), the lawyer will not receive the fee in providing the legal assistance for which he was designated, for that case. Art. 68 ^ 12. -(1) The payment of the fee for legal assistance granted is made monthly by bank transfer, based on the documents for settlement provided in art. 68 ^ 11 para. (2), endorsed by the bar council. ((2) The amounts necessary for the payment of fees or, as the case may be, of the remuneration for legal assistance shall be transferred, monthly, under the law, in a separate account, opened by each bar. The observance by the bars of the destination of the funds thus transferred also makes the object of the control of the U.N.B.R., under the conditions established by the Statute of the profession Art. 68 ^ 13. -U.N.B.R. and the bars work with the Ministry of Justice, the Superior Council of Magistracy, the courts, as well as with the prosecutors ' offices, in order to carry out in good conditions the activity of providing assistance the judicial authority referred to in this Chapter 40. Article 69 is amended and shall read as follows: "" Art. 69. --(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. and the Ministry of Justice, under the law. (2) The funds necessary to pay the fees provided in par. ((1) ensure that art. 26 26 para. ((1) lit. a) of Law no. 146/1997 on stamp court fees, with subsequent amendments and completions. (3) For the current expenses necessary for the operation of the judicial assistance services within the bars, from the amounts transferred monthly for the payment of the fees due for legal assistance, each bar constitutes a fund by withholding 1% of the amount of these amounts, approved and actually paid. The retention of the 1% percentage is made upon the actual payment of the fee to the entitled lawyer. ((4) The fees for legal assistance granted in any of the forms provided for in this chapter, at the request of the local public administration bodies, shall be granted from the funds of these bodies, within the limits of the ended by each bar with these. In the absence of the Protocol, the limits set by the Protocol provided for in Article 68 ^ 11 para. ((1). ' 41. Article 77 shall be repealed. 42. In Article 80 ^ 1, after paragraph 1, a new paragraph (2) is inserted, with the following contents: " (2) The provisions of this chapter are also applicable to lawyers who have obtained their professional qualification in the Swiss Confederation, who exercise their profession on the territory of Romania in any of the modalities provided in par. ((1). ' 43. In Article 80 ^ 6, paragraph (1) is amended and shall read as follows: "" Art. 80 80 ^ 6. -(1) The Romanian competent authority and the competent authorities of the home Member States shall work together to ensure the proper application of the provisions of this law, the information obtained in these collaborations being confidential. The collaboration can also be achieved through the information system within the internal market, in accordance with the provisions Government Emergency Ordinance no. 49/2009 on the freedom of establishment of service providers and the freedom to provide services in Romania, approved with amendments and additions by Law no. 68/2010 .. " 44. After Article 84, a new article shall be inserted, Article 85, with the following contents: "" Art. 85. -The procedures and authorization formalities provided for by this law can also be fulfilled through the single contact point, in accordance with the provisions Government Emergency Ordinance no. 49/2009 , approved with amendments and additions by Law no. 68/2010 . The provisions of this Article shall apply from the date of operationalization of the single contact point. ' + Article II (1) Within 60 days from the entry into force of this Law, the Statute of the Lawyer Profession, published in the Official Gazette of Romania, Part I, no. 45 of January 13, 2005, with subsequent amendments and completions, is amended according to the provisions of this Law. (2) Within the period provided in par. (1), the Council of the National Union of Bars of Romania adopts the Framework Regulation for the organization of legal aid services provided for in art. 68 68 ^ 6 lit. b) of Law no. 51/1995 , republished, with subsequent amendments and completions, as well as with those brought by this law. + Article III Provisions relating to professional companies with limited liability Law no. 51/1995 , republished, with subsequent amendments and completions, as well as with those brought by this law, shall enter into force after the entry into force of the amendments to the Statute of the profession of lawyer, provided in art. II. + Article IV Art. I section 7-9 shall also apply for the exams in progress on the date of entry into force of this Law. + Article V Throughout the whole Law no. 51/1995 , republished, with subsequent amendments and completions, the phrase "limited liability professional civil society" is replaced by the phrase "limited liability professional company". + Article VI Law no. 51/1995 for the organization and exercise of the profession of lawyer, republished in the Official Gazette of Romania, Part I, no. 113 of March 6, 2001, with subsequent amendments and completions, as well as with those 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 of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, 22 December 2010. No. 270. -----