Arhive isciplinary liability - Quick Consulting

Table of content

Introduction

Chapter I General Provisions

Chapter II Acquiring Attorney Quality

Section 1 Conditions for enrollment in law

Section 2 Acquiring Attorney Quality

Chapter III: The rights and duties of the lawyer

Section 1: Lawyers’ Rights

Section 2: Lawyers’ Duties

Chapter IV: Organizing the profession of lawyer

Chapter V: Judicial Assistance

Chapter VI: Disciplinary liability

Chapter VII: Conclusion and conclusions

 Vasilescu Florin

Introduction

Attorney-at-law was a noble occupation from the beginning. Aristocracy occupies high positions in various fields such as justice. Times have changed, but the solemnity, ethics and integrity of the lawyer have remained at high standards. The current law in Romania regulating lawyer status is Law 51/1995. Not all the rules in that law contain ideas of ethics or integrity. For example, there are many provisions that regulate: pensions, institutions, etc. within the bar.

Chapter I General Provisions

The first provision of the law of the lawyer’s statute in which an ethical idea is found is in art. 2, paragraph (5). The attorney has the right and duty to take all due diligence in order to achieve free access to justice, in exercising his right to a fair trial and within a reasonable time. It is free access to justice that should not be restricted to any individual. Even the greatest murderer is entitled to a fair trial. We must not exonerate to interpret that the offender must “escape”, but his rights must be defended, heard and not be sanctioned more than deserves . The lawyer must not delay the trial in any way for the proper functioning of justice.

Article 11 stipulates: except in cases expressly provided for by law, the lawyer is bound to keep professional secrecy with regard to any aspect of the case entrusted to him. Professional secrecy is important in any field. The client comes to the lawyer and tells him his problems based on a relationship of trust. If there is no confidence, and the client does not say all the details of the lawyer then the latter can no longer consolidate a good defense.

Chapter II Acquiring Attorney Quality

Section 1 Conditions for enrollment in law

Lawyers must be in a bar. Admission to the bar requires the fulfillment of conditions: to exercise civil and political rights; the license of a law faculty with the duration stipulated by law; is not in any of the cases of malpractice provided by this law; is medically fit for the exercise of the profession. Normally, a lawyer must have the capacity to exercise and study the right to exercise the profession.

Cases of lack of apprehension are: the person finally sentenced by a court order to imprisonment for committing an intentional offense, which would be detrimental to the prestige of the profession; the abuser who violated human rights and fundamental freedoms established by court order or committed serious disciplinary offenses punishable by the exclusion from the profession as a disciplinary sanction.

The person to whom the punishment of the prohibition to practice the profession was applied for, during the period established by a court or disciplinary decision; the person in charge of whom, on the basis of a final judgment or acts of the lawyer’s profession, has been dealt with the act of exercising or supporting, in any form whatsoever, the unreasonable exercise by a person of the profession of lawyer. All of the above listed cases are clear violations of the ethics and integrity of the lawyer’s profession that makes him unworthy of being a member of the bar.

They are regulated incompatible in the exercise of the lawyer’s profession, such as: paid work in professions other than lawyer; occupations damaging the dignity and independence of the profession of lawyer or good morals; the direct exercise of material material deeds. The image of a lawyer must be maintained at certain standards. It would not be worthy for a lawyer to be employed in another profession.

For example, what the image would have a lawyer who is: a salesman, a waiter or a bartender. But there are also cases of incompatibility, for example a lawyer to be a judge, trust in justice would be jeopardized. Instead, any activity that would denigrate the profession of lawyer should be suppressed. However, the lawyer’s activity is not incompatible with the activity of: senator, deputy, councilor in local or county councils, teacher in legal education or literary and publicistic activities. These activities have a strong connection with the profession of lawyer, and the banning of these activities could be an impediment to the lawyer’s career.

Lawyers entering the lawyer’s profession, that is, admitted to the bar after passing the exam organized by the National Institute for Advocacy Training, must do a two-year internship. The trainee lawyer is guided in his / her activity only by permanent lawyers who have a reputed professional reputation and have been at least six years old in that capacity. The age of six years is calculated from the completion. Normally, a supervisor must have a certain exequency to be able to form a young man to his career career. The mentor’s lawyer must be a good one to inspire ethical and moral ideas for the trainee. If the Defendant Advocate has a wrong training in practicing the profession, he will forward his / her skills to the new entrants.

Section 2 Termination and Suspension of Advocate

Lawyer’s status ceases: by written renunciation of the profession; due to death; if the measure of exclusion from the profession was taken against the lawyer as a disciplinary sanction; if the lawyer was finally convicted of an act under the criminal law and renders him unworthy of being a lawyer, according to the law. Normally, any individual can quit his or her attorney’s position if he no longer wants to practice, we can equate his resignation with other areas of activity.

The cause of death is a simple reason given that a deceased person can no longer carry out activities. The lawyer may be excluded from the bar following the violation of disciplinary rules or a serious violation of the law that makes him / her unworthy leading to his / her exclusion from the profession of lawyer. We can endlessly debate why a lawman must be himself a model in society from a disciplinary point of view. But I will confine myself to saying that the integrity of the lawyer’s profession must be protected and that access to this profession of worthy persons is ensured.

Normally, the lawyer may be suspended: in case of incompatibility, during the existence of this state; during the period of interdiction to practice, ordered by judicial or disciplinary decision; in the event of total or partial non-payment of contributions and professional fees to the bar, to U.N.BR. and to their own social security system, for three months from their maturity and until full liquidation of debts; at the request of the lawyer.

In these cases, the exclusion from the lawyer’s profession would have been a much too drastic sanction. During the incompatibility, the lawyer can only be suspended with the possibility to return to his profession anytime. There is a possibility of a court or disciplinary decision whereby the lawyer is only suspended for a certain period of time, or fails to pay his obligations for three months. The lawyer has the power to ask for his suspension from the profession of lawyer for certain periods.

Chapter III: The rights and duties of the lawyer

Section 1: Lawyers’ Rights

The lawyer has the right to assist and represent any legal or physical person under a contract of assistance. In this contract both the lawyer and the client have the right to waive the expenses incurred by the lawyer and the payment of the fee for the work done. The fees are set by each lawyer the only condition is not to fall below the minimum bar set by the bar. Fees may also be paid in a bank account of the lawyer’s form of organization.

The lawyer’s contract is enforceable. Competence lies with the court in the district where the lawyer has his lawyer. Insurance and seniority systems are separate for lawyers.

In order to ensure professional secrecy, the lawyer’s office is inviolable with all his papers and papers. It is not allowed to search at the headquarters, the attorney’s demy by the prosecutor on the basis of a mandate issued under the law. It is not allowed to lift communications between the client and the lawyer, or the documents on the basis of which the defense of the officer was made. Recording between client and lawyer is also prohibitive. The contract between the client and the lawyer can not be controlled by state bodies. If the client is in arrest, the administration of the detention facility has the obligation to take the necessary measures to respect the rights explained above.

Lawyers are partners of indispensable justice protected and recognized by law. It is not allowed during the hearing that the lawyer distorts the solemnity of the court hearing or uses inappropriate language, offensive to the judge or other participant in the trial. Normally, the behavior of a lawyer must be superior to any person entering a courtroom. Like a deputy who can not come dressed sport in a parliamentary session and begin to disrupt the meeting using a licensed language because he is the image of an institution. The lawyer at the time of the robber wearing and the signs of the bar is the image of an institution and must behave with respect to the job he is exercising. It spoils the institution’s image and other colleagues, people can think that if lawyers do not behave properly, why should they have proper behavior ?!

It does not constitute a disciplinary offense if the lawyer assumes a certain legal opinion or formulates his defense as long as he is in the legal parameters.

Section 2: Lawyers’ Duties

The lawyer must investigate every case that takes him either as a client or case ex officio. He must make every effort to defend the rights of the person he represents. But it is not allowed to give advice for the purpose of violating the law. Clearly, the law of the lawyer orders the lawyer to withdraw from assisting the client, who initially seemed legitimate to take an illegal turn.

In the profession, the lawyer is obliged to take the cases out of court or free of charge by the bar. Anyone who may be wrong at work, but the lawyer must be insured for malpractice to cover eventual damage.

Being part of an organization like a bar, the lawyer is required to attend all meetings and conventions of the governing bodies. Absence of undue repetition is a disciplinary offense.

The records that the attorney has to keep as a result of his activity are as important as the timely transfer of money to the bar.

Never can a lawyer be witnessed in a cause given to him only with the consent of all interested clients. Trust in lawyer would be affected and people would avoid appealing to lawyer. But the quality of witness is a priority over the lawyer in circumstances where the lawyer has learned to be hired as an advocate. Disclosing information in a case is a crime and is punishable by one to five years imprisonment.

The lawyer who has not disclosed the offenses of which he is aware in the exercise of the profession is not incriminated for negligence, with the exception of: murder, killing or other crime that resulted in the death of a person; genocide, crimes against humanity, or war crimes against people; offenses related to the prevention and combating of terrorism. In all cases, the lawyer who prevents the offense from committing the offense or its consequences other than denouncing the perpetrator is exonerated from liability.

It is incompatible that the lawyer who is the defender of a party is an expert or a translator. Normally, one person can not have more roles in a lawsuit because it would jeopardize the veracity of justice and the credibility of a fair and equitable process.

In front of the courts, the lawyer must wear the robe. Apart from certain events where the robe is bound to wear, its use is strictly forbidden.

Any public statement must respect the integrity and dignity of the lawyer’s profession in accordance with the law of the lawyer’s statute. All these aspects form the image of the lawyer.

 Chapter IV: Organizing the profession of lawyer

The profession of lawyer is organized and operates on the basis of self-employed profession within the bar. Election of organs is made by secret ballot. The budget of the bar is made up of the contributions of lawyers who are established by the bar council. The governing bodies are: the general assembly, the council and the dean.

The governing bodies of U.N.BR. are: lawyers’ congress; U.N.B.R. Council; permanent commission of U.N.BR .; the President of U.N.BR. In U.N.B.R. the Central Audit Commission is established and functioning; the central committee of discipline; the technical-administrative apparatus.

Chapter V: Judicial Assistance

The Bar provides legal assistance in the following cases: criminal defense where it is mandatory in other criminal cases where public judicial assistance is necessary and in cases where legal assistance is required by the local public administration bodies. The Dean will appoint a lawyer who will only be able to refuse in the case of a conflict of interest. The solicitor of the public judicial assistance must prove the material state.

A request for public judicial assistance is made, within 15 days, the dean solves it with the possibility of approving the lawyer requested by the person who made the request or the choice of another lawyer. The decision to reject the application may be appealed in five days. The lawyer chosen is not allowed to receive any remuneration or compensation from the client.

 Chapter VI: Disciplinary liability

Any lawyer shall be disciplined if he does not respect the law of the lawyer, or the mandatory decisions of the bar, and for any act committed in connection with the profession or outside of the profession by prejudicing the honor and prestige of the profession.

They have the obligation, lawyers, to notice any observed deviation. Any act that is so qualified in the lawyer’s statute or any other law enters into serious disciplinary offense.

The Bar Council has the competence to investigate deviation and to exercise disciplinary action. The dean of the bar is investigated by the UNBR Council. The disciplinary sanctions are: rebuke, warning, fine, prohibition to exercise the profession from one month to one year and exclusion from the profession.

Chapter VII: Conclusion

I can practice as a lawyer in Romania citizens who have obtained this qualification in a member state of the European Union, the condition is that they have to become members of a Romanian bar and respect the law of Romanian lawyer. They must comply with the legal, moral and ethical norms of our country.

Lawyer has been a noble and respectable profession since ancient times. The honesty with which to practice this profession is high. A law man must be a model and an example for the rest of the people. Ethics and integrity in the profession of lawyer are sacred elements that define the nobility in which this profession was planted.