Law nr. 1260 from 19.07.2002
Chapter I - GENERAL DISPOSITIONSArticle 1. The notion of the legal profession
(1) The profession of lawyer is performed by qualified persons authorized by law, plead and act on behalf of their clients to practice law, to appear before a court or to consult and represent their clients in legal matters.
(2) The profession of lawyer is free and independent, autonomous organization and, under this law and the profession of lawyer. Lawyer activity is not entrepreneurial.
Article 2. Regulation of lawyer
Regulation of lawyer is:
a) establish the basic conditions and how professional legal assistance to individuals and businesses in Moldova;
b) determining the forms of work organization as a lawyer;
c) determining the types of assistance;
d) the safeguards for activities qualified legal assistance;
e) establishing how the admission to the legal profession.
Article 3. Principles of advocacy
Law is based on the following principles:
a) ensuring the right of defense guaranteed by the Constitution;
b) freedom and independence in activities of the lawyer;
c) the relationship between democracy and collegiality lawyers;
d) membership in voluntary associations of lawyers;
e) ensuring the legality and humanism.
Article 4. The lawyer's legal work
The lawyer legal activity is in the Constitution, this Law and other laws governing the legal profession mentioned in the statute and international treaties to which Moldova is party.
Article 5. The right to qualified legal assistance
(1) Everyone has the right freely to choose their lawyer to advise and represent it in legal matters.
(2) The State shall provide access to qualified legal assistance to all persons under this law.
(3) Individuals and legal entities may benefit, as required, the legal assistance of any lawyer by agreement of the parties.
(4) In cases provided by law, pay for qualified legal assistance is paid from state budget.
(5) Based on the status of the person, the lawyer may provide legal assistance free of charge it.
(6) Attorneys in Moldova have the right to meet some delegations or to practice as a lawyer in other countries, if required by law.
Article 6. The Legal Profession lawyers from other states
(1) Lawyers from other states may practice as a lawyer in Moldova, subject to the conditions provided by law, except the requirement of citizenship is.
(2) A lawyer from another state may conduct business in the Republic of Moldova if an attorney certified in its home state and is enrolled in the special register kept by the Council of Association of the Republic of Moldova, hereinafter the Union of Lawyers.
(3) A lawyer from another state may be individuals or legal interests in court and in relations with other public authorities than in international commercial arbitration. In case the client's interests so require, and at his request, the attorney can assist another attorney in Moldova.
(4) The Ombudsman may conduct business from another lawyer in the office or in the office of associate lawyers on a contract basis.
(5) Register of lawyers from other states are entitled to practice as a lawyer in Moldova is published on the official website of the Union Association.
Article 7. Guaranteed legal assistance state
Conditions, volume and the application by lawyers of state-guaranteed legal assistance shall be established by the Law on State Guaranteed Legal Aid.
Article 8. Types of qualified legal
(1) Attorneys granted physical and legal persons qualified legal assistance following types:
a) provide consultations and explanations on the findings of legal issues, provide information and written reports on legislation;
b) prepare legal documents;
c) represent their interests in court;
d) representing the legal interests in relations with public authorities, public notaries, bailiffs and other legal and natural persons;
e) participate in criminal investigation and judicial debates in criminal cases as an advocate or representative of the victim, the civil party, the party civilly liable and witnesses.
(2) Legal assistance described under par. (1) c) and e) by a person or entity not a lawyer be punished, unless the law provides otherwise.
[Effective from January 1, 2012]
(3) Attorneys granted physical and legal persons and other types of legal assistance not prohibited by law, both in case of single delegates, as well as for long-term delegations.
(4) The procedure for granting legal aid lawyer can come true copies and extracts of documents and certify signatures on necessary documents for legal assistance. Lawyer can not perform these actions for themselves, family members, relatives and in-laws for.
(5) The actions specified in par. (4) shall be certified by signature and stamp of the lawyer, with date and reference to compliance with the original.
Article 9. Quality legal assistance
Legal assistance provided by the lawyer must comply with best professional practice in legal, substantive and procedural rules and result in a proper and professional conduct.
Chapter II - LAWYERSArticle 10. Requirements for practicing lawyer
(1) The profession of lawyer can be exercised by the person holding the nationality of the Republic of Moldova, has full legal capacity, has a Bachelor Degree in Law or equivalent, enjoys a flawless reputation and was admitted to the profession after examination qualification.
(2) shall be exempt from the internship professional qualification examination and those who hold a Ph.D. and those with at least 10 years work experience as a judge or prosecutor if, within six months after the resignation from office that have requested a license to practice law. The same rights and benefits and those same conditions, after his resignation as judge and prosecutor, continued to work in law.
(3) The person who applied for license to practice law is not considered someone with impeccable reputation and her request is not admissible if:
a) has been previously convicted of serious, very serious, deliberately committed exceptionally serious, even if they were off criminal record;
b) have not been extinguished criminal record for committing other offenses;
c) was previously excluded from the law or has withdrawn the license for reasons compromising legal assistance;
d) was fired from the law enforcement reasons defamatory or was issued for the same reasons, from the judge, notary, legal adviser or public servant;
e) the conduct or its activity is incompatible with the rules of lawyer ethics code;
f) the court decision, it was an abuse that it violated human rights and fundamental freedoms.
(4) The provisions of paragraphs. (3) applies and trainee lawyers.
(5) The lawyer has personal stamp.
Article 11. Incompatible with the profession of lawyer
(1) The profession of lawyer is incompatible with:
a) any remunerated position, except for activities related to scientific and didactic activity and the trial judge as arbitration (arbitration);
b) business activities;
c) the activity of notaries;
d) other activities that harm the dignity and independence of the legal profession or morals.
(2) may not be providing legal aid lawyer representing the interests of the courts in some other way than under a contract legal registered office associate lawyer or lawyers office. Exceptions are cases representing the interests of his / her spouse and relatives up to the forth degree.
Article 12. Right to conduct its lawyer
(1) For the legal activity, the applicant qualified to pass the test of a written request addressed to the Minister of Justice to issue the license to practice law.
(2) After receiving the license, the lawyer is entitled to operate a lawyer only after:
b) registration form for the organization of a lawyer under 32.
Article 13. Suspension of the lawyer
(1) The lawyer is suspended by law:
a) the written request of the lawyer, if there are proper reasons;
b) in case of incompatibility during the lifetime of this state;
c) the prohibition of the active period, arranged by a court or disciplinary
d) in case of failure by the lawyer Lawyers contributions to the EU budget at the end of 6 months from the date due until full payment of arrears;
e) to the payment of the fine amount from the deadline referred to in art. Article 57. (1). c).
(2) license and badge suspended lawyer whose business is to submit within 10 days, the Council of the Bar, which is retained during the period of suspension of work as a lawyer.
(3) Council of Association shall, within 10 days from the date of suspension of work as a lawyer, to record this in the list of lawyers entitled to practice as a lawyer and to publish this information in the Official Gazette of the Republic of Moldova.
Article 14. Termination of the lawyer
(1) The lawyer ceases:
a) the waiver in writing to exercise the profession;
b) the license revocation;
c) on death;
d) if the lawyer has been sentenced for an offense under the criminal law and incompatible with the rules of attorney conduct of business.
(2) A lawyer whose work has ceased shall return to the Council of the Association, within 10 days, license and ticket lawyer.
(3) Council of Association shall, within 10 days from the date of termination of the lawyer, to record this in the list of lawyers entitled to practice as a lawyer and to publish this information in the Official Gazette of the Republic of Moldova.
Article 15. Trainee lawyer
(1) Lawyer is a Moldovan national, graduated in law, which has limited capacity and an impeccable reputation, who passed the examination for admission to apprenticeship and which concluded with one of the lawyers making contract internship.
(2) works under the supervision of trainee lawyer lawyer guide.
(3) Advocate Trainee is permitted to grant a fee, legal aid clients in the courts, appellate courts and public authorities.
(4) trainee lawyer is liable for the quality of legal advice and liable to disciplinary action as provided in Chapter IX.
(5) trainee lawyer is subject to the applicable tax lawyers.
(6) trainee lawyer shall:
a) pay the fee for conducting training period;
b) to attend initial training. Duration of initial training courses can not be less than 80 hours during the internship;
c) to provide legal assistance to clients in the legal contract, signed as provided in art. Article 60. (1) and validated by the attorney advisor;
d) keep records of legal assistance;
e) professional secrecy.
(7) records of trainee lawyers are kept at the Council of Lawyers.
Article 16. Specialists
(1) For the performance of ancillary activities in the legal aid office associate lawyers or lawyer's office may hire specialists from different areas in the specifics of these activities.
(2) employment as a specialist is impossible in case one of the grounds specified in Article 10. (3).
(3) has no rights specialist lawyer can not succeed in fulfilling the tasks independently of legal assistance.
(4) specialist employee is obliged to observe professional secrecy.
(5) business conditions and how to pay the specialist to determine the contract.
Article 17. Card
(1) identification cards for lawyers and trainee lawyers issued by the Council of Lawyers.
(2) models cards approved by the Council of Lawyers.
Chapter III - PROFESSION ADMISSIONArticle 18. Admission to the internship
(1) Admission to the internship is based exam, with the principles of transparency and equality. Arrangements for examination for admission to training status is determined by the legal profession.
(2) The examination for admission to training may attend only those who meet the conditions required by law to practice law.
(3) entrance exam training is organized by the licensing profession.
(4) results of entrance examinations in training are approved by the decision of the Commission's licensing profession.
(5) The decision on admission to an internship, be adopted and communicated to the person who passed the exam for admission to probation within 10 days of support.
Article 19. Internship
(1) The person who passed the examination for admission to training made mandatory a training professional for 18 months, having in the meantime, an attorney trainee.
(2) internship performance conditions, rights and obligations trainee lawyer, the lawyer guide, and the bar over them, are regulated status of the legal profession.
(3) internship is conducted under contract between the trainee lawyer and attorney advisor, registered with the Council of Lawyers.
(4) mentor lawyer office must have sufficient space to provide internship to be served in the profession for at least five years and an impeccable reputation. A lawyer can guide lawyers while more than 2 trainees.
(5) internship is suspended during military service or the concentration, if no reasoned or trainee lawyer for breach of professional guidance without his fault. Conducted before the training period be included in the internship.
(6) After the internship, trainee lawyer qualification exam. After the expiration of three years of completion of internship, trainee lawyer may participate in the qualification examination only if repeat performance internship with a minimum of 3 months.
Article 20. Admission to the legal profession
(1) To be admitted to the profession, trainee lawyer qualification exam before the Commission the licensing profession.
(2) A person who has not passed the qualifying examination can seek admission repeated after 6 months from the date of the exam. Trainee lawyer twice rejected the qualification examination will be admitted into the profession in terms of art. 18 and 19.
(3) The organization of the qualification examination shall be the status of the legal profession.
(4) results of qualifying examinations are approved by the decision of the Commission's licensing profession.
(5) The decision on admission to the legal profession to adopt and communicate the skill to pass the test within 10 days of support.
Article 21. Documents required for admission profession
(1) For admission to the internship, the applicant shall submit the licensing of the legal profession:
a) The application for examination for admission to training;
b) Copy of identity;
c) Copy of diploma degree in law or its equivalent;
d) a copy of the workbook, as appropriate;
e) criminal record;
f) medical certificate;
g) the opinion of the attorney agrees to be his advisor.
(2) For admission to the qualification examination, lawyer trainee license shall submit the legal profession:
a) Application for admission to the qualification examination;
b) statement about the fact that during the training period he carried out activities incompatible with the profession, specified in Art. 11;
c) an affidavit, with the attached questionnaire to assess the good reputation;
d) progress report prepared by the trainee lawyer under the requirements of the Legal Profession;
e) reference guide issued by the lawyer;
f) ticket trainee lawyer.
(3) For a license to practice as a lawyer, those specified in Art. Article 10. (2) shall submit the legal profession licensing provisions referred to in para. (1). b)-f) of this Article and:
a) an affidavit, with the attached questionnaire to assess the good reputation;
b) letter of motivation;
c) Copy of diploma of doctor of law, as appropriate.
(4) Submission of documents containing false information may serve as grounds to exclude the legal profession.
Chapter IV - LICENSING OF THE LEGAL PROFESSIONArticle 22. License
(1) license to practice law is the only act that confirms the status of lawyers.
(2) The license to practice law issued by the Ministry of Justice within 10 days of the filing date.
(3) license to practice law indefinitely issued and is valid throughout the Republic of Moldova.
(4) The decision on refusal of license to practice law may be brought to court.
(5) licensed to practice law shall be issued against payment in the amount of 450 lei, paid on behalf of the Ministry of Justice.
Article 23. Content license
(1) license to practice law must contain:
a) name of the licensing authority;
b) serial number form;
c) statement about the profession of lawyer;
d) full name of attorney;
e) identification code;
f) the registration number and issue date;
g) signature of the Minister of Justice, certified by the seal.
(2) license form is a document of strict accounting.
(3) license form approved by the Ministry of Justice.
Article 24. Register of licenses
(1) register licenses to practice law issued by the Ministry of Justice take.
(2) The register of licenses shall contain:
a) full name of attorney;
b) identification code;
c) date by the Licensing Commission of the legal profession, the decision on the qualification exam;
d) number of the license;
e) the issue date;
f) signature of the attorney receiving the license.
Article 25. Revocation of license to exercise legal profession
(1) license to practice law be withdrawn if:
a) non-exercise repeated in a year, the duties, if before the lawyer disciplinary sanctions were applied;
b) exercise the legal profession after suspension of the lawyer or non-transmission business, the lawyer whose work is suspended, the Council of the Bar of the license and the ticket within the deadline;
c) systematic violations of the conditions lawyer legal assistance guaranteed by the state;
d) repeatedly denied, unreasonably, to state legal assistance at the request of the territorial offices of the National Council of State Legal Assistance;
e) detecting the true circumstances of the illegal actions of the lawyer to obtain a license;
f) serious violations, one time, the rules of lawyer ethics code;
g) an irrevocable court judgment convicting the lawyer;
h) loss, the lawyer, the Moldovan citizenship after obtaining license to practice law;
i) serious breach of contract legal provisions;
j) if not indicated the legal agreement, the fees charged by the customer or indication of reduced amounts.
(2) The license to practice law be withdrawn by the Ministry of Justice pursuant to Commission resolution for ethics and discipline. For the case referred to. (1) d) license to practice law be withdrawn by the Ministry of Justice, the National Council proposal for the State Guaranteed Legal Aid Commission and after consulting the opinion of the Ethics and Discipline.
(3) The decision to withdraw the license to practice law may be brought to court.
Article 26. Oath lawyer
(1) lawyer following oath:
"I, lawyer (insert name), about to make my contribution to the rights, freedoms and legitimate interests of man, to fulfill my duties conscientiously and honest lawyer to professional secrecy by my behavior, not compromise the lawyer's professional honor. "
(2) The text of the oath is signed by the lawyer.
Article 27. Lawyer's personal file
Lawyer's personal file kept at the Council of Lawyers. Includes personal file copy of the license to practice law, the text of the oath, and copies of decisions issued by the licensing profession and the Commission on Ethics and Discipline.
Article 28. List of lawyers who have the right to Trainee lawyer
(1) Council of the Association, within 10 days of the date of admission to the legal profession under 12, the list includes lawyers lawyer entitled to practice as a lawyer.
(2) Council of the Association shall publish annually, not later than December 25 in the Official Gazette of the Republic of Moldova list of lawyers entitled to practice as a lawyer. Lawyers list is published on the official website of the Union Association. Simultaneously copy resolves Ministry of Justice.
(3) A lawyer whose work has ceased shall be excluded by the Council of Association, the list of lawyers entitled to practice as a lawyer.
Chapter V - FORMS OF BUSINESS ORGANIZATION LAWArticle 29. Forms of organization
(1) The profession of lawyer is exercised at the discretion of the lawyer, in the following forms:
a) the lawyer's office;
b) associate attorneys office.
(2) A lawyer may be founded only a cabinet or a desk associate lawyers.
(3) Name of lawyer office includes his full name. Associated Lawyers Office can name.
(4) dissolution of the cabinet office associate lawyer or lawyers made under civil law.
(5) Office and office associate lawyer lawyers legal contracts related record completed by lawyers and trainee lawyers with their clients.
(6) Office and office associate lawyer lawyers working in legal and economic conditions equal and can not be discriminated from each other in financial, fiscal or otherwise.
Article 30. Lawyer's office
(1) the lawyer's office one practicing lawyer (founder of the cabinet).
(2) Cabinet active lawyer and presented in a legal individual.
Article 31. Associated Lawyers Office
(A) Associate office is founded by two lawyers and more lawyers (founders of office). Lawyers practicing on their own.
(2) Associated Lawyers Office is the legal entity.
(3) Associated Lawyers Office has bank accounts and stamp.
(4) The relationship between the bureau lawyers lawyers are regulated on a contract basis.
(5) Associated Lawyers Office is headed by a lawyer chosen by members of the committee.
Article 32. Registration forms of organization
(1) lawyers offices and associated offices of lawyers registered with the Ministry of Justice within one month from the date of:
a) the application for registration;
b) the declaration founding the bureau cabinet lawyer or lawyers. Declaration form approved by the Ministry of Justice;
c) copies of licenses for practicing lawyer;
d) copies of confirming the location of its office associate lawyer or lawyers office;
e) contact data (phone number, e-mail address and mailing);
f) confirmation of the notification of intention record Bar Association.
(2) Registration of attorneys offices and associated offices of lawyers is made by entering data in the register kept by the Ministry of Justice. In case of change in the number of lawyers, or the registered name change, new data is entered in the register.
(3) Cabinet associate lawyer or lawyers office and be issued an extract from the register, which serves as grounds for making the fiscal accounts, for making the stamp and opening bank accounts.
(4) refusal to register the lawyer's office or the bureau of lawyers can be brought to court.
(5) The lawyer has the right to modify the organization of the work of lawyers in this law.
Chapter VI - LAWYERS ASSOCIATIONS
Article 33. Associations of lawyers
(1) In order to protect their rights and interests, lawyers have the right to associate, on a voluntary basis under the law on nonprofit organizations, local professional associations, central and international membership based on individual or collective, and to register as required.
(2) associations of lawyers, specified in par. (1), can provide material assistance to lawyers in these associations and their family members.
(3) Associations of plants and international lawyers may have regional structures.
Chapter VII - SELF BODIES OF LAWYERSArticle 34. Organization and functioning of organs Advocates of self
(1) self-administration bodies of lawyers are organized and operate on the principle of autonomy, within the limits provided by law.
(2) Election management bodies of the legal profession is by secret ballot.
(3) collective management bodies adopt decisions by open vote. Deliberations and voting of professional secrecy.
Article 35. Lawyers Union
(1) self-Union Association is the body of lawyers, which includes all members of the Bar of the country, and is headquartered in Chisinau.
(2) Lawyers Union is a legal entity has assets and budget. Union Heritage Association can be used in revenue producing activities, under the law.
(3) The budget of the Association is formed:
a) contributions of lawyers;
b) fees for entrance exams and skill training;
c) charges for internship;
d) fines paid by lawyers as a disciplinary action;
e) other payments prohibited by law.
(4) The management of money accumulated Lawyers Union budget is checked every four years by an independent audit.
(5) The management of Union Bar are:
b) Council of Lawyers;
c) the president of Advocates;
d) general secretary of the Association.
(6) Within the Association is established and functions:
a) The licensing of the legal profession;
b) Committee on Ethics and Discipline;
c) The Audit Committee;
Article 36. Congress
(1) Congress is the supreme organ of the Association. Congress consists of delegates of each bar lawyers, under the rule of representation set out in statute the legal profession, and members of the Union Association.
(2) Congress meets every year in ordinary session was convened by the Council of Lawyers. Congress is convened at least one month before the date set by publishing the notice in the Official Gazette of the Republic of Moldova and by notice in writing of the bar, with placement on the official website of the Lawyers Union agenda and materials to be examined.
(3) Bars are required to choose their delegates at least 10 days before Congress.
(4) In exceptional circumstances, if at least one third of the number of bars or on its own initiative, Council of Lawyers Congress convened in special session within 10 days of the request or on event occurrence evidence.
(5) Congress is considered legally constituted if his works are present in two thirds of the members. Congress adopts decisions by a majority of members present. Congress decisions may be appealed as provided by law.
Article 37. Jurisdiction of Congress
a) elect from among its members, and dismiss the president of the Association and members of the Commission on Ethics and Discipline;
b) make proposals for improvement of legislation;
c) approve and amend the Code of Ethics of the lawyer and the status of the legal profession;
d) approve the annual budget of the Association and its annual budget implementation;
e) determines the contribution of lawyers to form Lawyers Union budget;
f) establish fees for examinations for admission to training and qualifying examinations, the fee for conducting training period;
g) hear and approve the annual activity reports, the Secretary General and the Commission of the Association;
h) adopt decisions on relations between bars;
i) take other decisions on the work of the Lawyers Union, provided by law.
Article 38. Council of Lawyers
(1) Council of the Bar is representative and deliberative body of lawyers in the country and ensure the ongoing work of the Lawyers Union.
(2) Council of the Association is composed of president of the Association, deans bars and bars lawyers delegates according to the standard representation, established status of the legal profession.
(3) Members of the Council of the Bar is 4 years. In case of termination of office of a member of the Council's replacement warrant executed difference.
(4) Lawyers Union Council meets once a month. Council shall be convened at least 15 days before the meeting, by notice in writing to members and placed on the official website of the Lawyers Union agenda and materials to be examined.
(5) In exceptional circumstances, if at least one third of the members of the Council of the Bar or on its own initiative, President of the Bar Council convened a special meeting within 5 days of the request or the date of occurrence of event supporting .
(6) Council of the Association adopt decisions by majority vote. Lawyers Union Council decisions may be appealed as provided by law.
Article 39. Competence of the Union of Lawyers
Council of the Association shall:
a) ensure the enforcement of Congress;
b) resolve, during sessions of Congress, issues concerning the profession of lawyer, except to the competence of Congress;
b1) provides lawyers' access to state secrets and decide on perfecting the right of access to state secrets, according to Law no. 245-XVI from 27 November 2008 on state secrets;
[Art.39 lit.b1) introduced by the 4.7.11 LP66, MO110-112/08.07.11 art.299]
c) keep the list of lawyers entitled to practice as a lawyer;
d) take decisions on matters concerning the preparation and training of lawyers, approved initial training program for trainees and training lawyers for lawyers, approved list of institutions offering professional training;
e) make recommendations on relations between bars;
f) ensure consistency of examinations for admission to training and qualifying examinations;
g) register contracts on internship performance;
h) resolve conflicts and disputes related to the performance internship;
i) approve and publish best practices for lawyers and mechanism to ensure the quality of legal assistance;
j) Approval of the unique inscriptions on the stamps and stationery header lawyers, taking into account the organization of the work as a lawyer;
k) appoint members of the National Council of State Legal Assistance among lawyers;
l) prepare the annual activity report and submit it to Congress for approval;
m) contracts approved by the Secretary General of the Association whose value exceeds $ 50 thousand lei;
n) approves the function of the secretariat;
a) perform other duties prescribed by law or delegated by Congress.
Article 40. President of the Association
(1) Lawyers Union President is elected for a term of two years of professional lawyers with experience in at least five years. The same person can be elected President of the Association for more than 2 consecutive terms.
(2) Lawyers Union President shall:
a) represent the Union Association in relation to natural and legal persons in the country and abroad;
b) preside over meetings of the Council of the Association;
c) sign the acts of the Union of Lawyers;
d) monitor the relations between the Association and bar associations and relations between bars;
e) support the bars in their relations with central and local;
f) shall ensure appropriate conditions of business lawyers in court, the prosecution and public authorities.
(3) In the absence, or on request, President of the Bar is replaced by a vice, it designates the purpose of the members of the Council of the Bar.
Article 41. Secretary General of the Association
(1) The organizational and administrative and financial economic Lawyers Union is insured by the Secretary General.
(2) The Secretary General is employed by the Council of the Bar, on a competitive basis, for a period of five years, which may be extended once.
(3) The Secretary General is committed person who has education and higher economic or legal experience in business at least five years.
(4) The organization of the competition for the position of Secretary General shall be the status of the legal profession.
(5) The Secretary General shall:
a) responsible for economic and financial management of Union Bar;
b) agreements and contracts on behalf of the Association;
c) Order of the Lawyers Union budget expenditure;
d) organize the development, funding and submission to Congress of the annual budget of the Association;
e) presents Congressional report on implementation of annual budget Lawyers Union;
f) participate, without vote, the Congress sessions and meetings of the Council of the Association;
g) Prepares drafts and working agenda of Congress and of the Council of the Association, after consultation with the Board;
h) undertake the secretariat staff and conduct its business;
i) organized keeping all buildings owned or administration Lawyers Union and other goods in its heritage;
j) exercise other powers indicated by Congress and Council of Lawyers.
(6) general secretary is paid. The amount of remuneration is set by the Council of Lawyers.
(7) During the mandate, the Secretary General is not entitled to cumulate other remunerated functions or activities, except for scientific and teaching.
Article 42. Lawyers Union Commission
(1) The Lawyers Union committee is organized by its president, elected at meetings of the members. Lawyers Union committee members or delegates are elected for a term of four years.
(2) The Lawyers Union meetings shall be convened whenever necessary, but at least once a month.
(3) Lawyers Union Commission decide independently on the conduct of meetings (open or closed).
(4) At meetings of the Lawyers Union may be invited representatives of offices of lawyers, attorneys and associated offices of associations of lawyers, and others.
(5) Lawyers Union to take decisions by majority vote of their members and are mandatory for all lawyers. Public Lawyers Union Commission decisions adopted on the official website of the Union Association.
Article 43. Licensing Commission of the legal profession
(1) The licensing of the legal profession is composed of 11 members chosen on a competitive basis, of which 8 are lawyers with experience in the profession for at least 5 years and 3 are professors of law.
(2) contest for the election of members of the licensing of the legal profession is organized by a special commission appointed for this purpose by the Council of Lawyers. The organization of the contest is determined by the status of the legal profession.
(3) The licensing of the legal profession:
a) make decisions on admission to examinations;
b) to conduct examinations for admission to training and qualification;
c) to approve the examinations for admission to training and make decisions on admission to internship;
d) approved qualification test results and make decisions on admission to the profession.
(4) Decisions Licensing Commission of the legal profession may be appealed in the administrative procedure related to the organization of examinations. The score can not be disputed.
Article 44. Commission on Ethics and Discipline
(1) Ethics and Discipline Committee is composed of 11 lawyers, of whom six are elected by the Congress of lawyers with experience in the profession for at least 5 years and 5 are delegated by the bars.
(2) Commission on Ethics and Discipline:
a) examine complaints concerning the actions of lawyers and trainee lawyers;
b) examine violations by lawyers and trainee lawyers to discipline and rules of professional ethics;
c) initiates disciplinary proceedings on lawyers and trainee lawyers;
d) take appropriate decisions in disciplinary proceedings;
e) approve the model declaration under oath and good reputation assessment questionnaire.
(3) Ethics and Discipline Committee members are bound by professional secrecy and not disclose information which is in the disciplinary proceedings.
Article 45. Audit Committee
(1) The Audit Committee is composed of five lawyers with experience in the profession for at least five years, delegates bars.
(2) The Audit Committee supervises financial and economic activity of the Union Association and reports to Congress.
Article 46. Secretariat
In exercising, self-administration bodies of lawyers are assisted by the Secretariat staff. Conditions of employment and personnel functions of the Secretariat shall be established status of the legal profession.
Article 47. Bar
(1) Bar is established and functions only in the Union Association, under this law. It prohibits the establishment and operation of bars outside the Association. Acts setting up and registration of such bars are not valid.
(2) Bar working in a district court of appeal. From the composition of the bar are all lawyers constituency.
(3) Bar headquarters is in the locality where the Court of Appeal.
(4) The management of the bar are:
a) general meeting;
Article 48. General Assembly
(1) The General Assembly consists of all lawyers registered in the list of members of the bar of that district.
(2) Ordinary General Assembly meets annually, is convened by the dean. General meeting is made at least one month before the date fixed by notice in writing to members of the Bar and by posting the agenda at the bar.
(3) In exceptional circumstances, at the request of at least 1/3 of all members of the bar or on its own initiative, dean of the General Assembly convene a special meeting within 10 days of the request or on event occurrence evidence.
(4) The General Assembly is legally constituted if at the majority of members of the bar.
(5) If the legal number is not met, Dean introduces a new general meeting within 10 days. General meeting convened under these conditions is legally constituted with the participation of at least 1/3 of all members of the bar.
(6) General Assembly shall take decisions by majority vote of members present. The decisions may be appealed as provided by law.
Article 49. The General Assembly
The General Assembly shall:
a) elect and dismiss the dean and dean of the bar;
b) to elect delegates to the Congress bar, the composition of Council of Lawyers, Ethics and Discipline Committee and Audit Committee;
c) exercise other powers provided by law or under its competence.
Article 50. Dean
(1) Dean is elected for a term of two years and may be reelected only once.
(2) The Dean shall:
a) organizes the work of district attorneys in coordination with the bodies of the Union Association;
b) is the bar in dealing with natural and legal persons in the country and abroad;
c) convene and preside over meetings of the General Assembly;
d) implement the decisions of Congress, the Council of the Bar and the general assembly;
e) year but not later than December 25, publish a list of members by posting at the bar and bar placement on the official website of the Union of Lawyers;
f) Notify the Commission on Ethics and discipline of professional review organization, discipline and work ethics of lawyers;
g) exercise other powers provided by law or under its competence.
(3) If the temporary absence of the dean or otherwise unable to exercise its powers, is provided by the interim dean.
Chapter VIII - WARRANTIES PROFESSION. RIGHTS AND OBLIGATIONS OF LAWYERSArticle 51. Independence lawyer
The practicing lawyer is independent and subject only to the law, the profession of lawyer and the lawyer's Code of Conduct. Lawyer is free to choose its position and is not obliged to coordinate the position with anyone except the client.
Article 52. Guarantee independence
(1) prohibits interference in the Legal Profession. State shall ensure the freedom and protection in practice law without discrimination and without undue interference from its authorities or the public.
(2) Search home or space in which the lawyer provides legal assistance, used it to transport, lift objects and documents belonging to the lawyer, control and raising postal and telegraph correspondence, wiretapping and other activities can not be made except by decision of the court.
(3) A lawyer shall not be subjected to body search or personal control during professional duties, except in cases of flagrant offenses.
(4) In case of retention of the lawyer or the criminal accountability, the body that made such measures shall inform the Ministry of Justice and the Council of the Association within 6 hours of the arrest or criminal responsibility.
(5) Insulting, slandering lawyer, his threats, acts of violence committed against him during professional duties in relation thereto shall be punishable by law.
(6) A lawyer shall not be questioned about the essence of his relationship with the person shall give or take legal aid.
(7) courts and the prosecution lawyer assures professional space to exercise within the institutions concerned.
(8) No public authority can not influence directly or indirectly and can not control the contract between lawyer and client.
Article 53. Rights lawyer
(1) The lawyer has the right:
a) represent the interests of the client in court, law enforcement agencies, public authorities, other organizations;
b) take note of all case materials assigned since the conclusion of legal assistance, to make notes and copies;
c) independently collect, fix and disclose the circumstances of the case;
d) to request information, references and copies of legal documents necessary to assist the courts, law enforcement, public authorities, other organizations, who are obliged to release documents requested;
d) to request information, references and copies of legal documents necessary to assist the courts, law enforcement, public authorities, other organizations, who are obliged to release documents requested in accordance with the law;
[Art.53 of. (1), d) as amended by the LP208 10/21/11, MO222-226/16.12.11 art.619; into force 16.05.12]
e) request, with the client, the expert in solving problems that have occurred in connection with legal assistance and who requires special knowledge in different fields;
f) provide the competent authorities and the media requests and requests, lodge complaints and petitions established the actions and decisions that violate client rights and the rights lawyer practicing.
(2) If the persons responsible official of par. (1) d) punishable by law established.
(3) The legal assistance to detainees held in custody or convicted, the lawyer shall, at any stage of a criminal or administrative conditions for meetings and consultations, respecting confidentiality, without limiting the duration and number meetings and consultations.
(4) Persons responsible official bodies charged with oversight of detainees held in custody or convicted are required to allow free access of lawyers to the person under contract for legal assistance.
(5) Failure to comply with paragraph. (3) and (4) constitutes an infringement of defense and punishable by law established.
(6) requests of the violation of par. (3) and (4) is examined by the court.
(7) A lawyer may specialize in certain fields of law and to practice according to specialization.
(8) The self-administration bodies of lawyers, the lawyer is entitled:
a) to elect and be elected in the self of the lawyers in this law;
b) to provide self-administration bodies of lawyers to review steps on their activities on proposals to improve conditions for business purposes and to participate in the examination;
c) participate in meetings of the self-administration staff attorneys in cases when examining the activity or conduct;
d) to receive the bodies of lawyers self methodological and legal assistance necessary for the profession.
Article 54. Lawyer's obligations
(1) A lawyer shall:
a) to advocate for free access to justice for a fair trial conducted in a reasonable time;
b) provide legal assistance under contract with the customer or territorial office of the National Council of State Legal Assistance;
c) to state legal assistance in the amount requested by the offices of the National Council of State Legal Assistance;
d) apply, in exercise of his profession, means and methods provided by law to protect the rights and interests of the client;
e) keep records of legal status as established by the legal profession;
f) keep the register of documents certified in accordance with Art. Article 8. (4). Form and content of the register shall be approved by the Council of the Association;
g) have the space required for legal assistance;
h) inform the Ministry of Justice and the Council of the Association, within 10 days, about the change of contact, the head office or the bureau of lawyers;
i) to attend annual training courses continues in volume of at least 40 hours, according to the plan approved by the Council of Association, these courses completed a report;
j) to provide the Council of the Association, within five days from the due date, proof of payment of fine;
k) to comply with the Code of Ethics statute lawyer profession.
(2) The lawyer is not entitled to provide legal person if:
a) in the present case, it pays or legal assistance to persons whose interests contradict the interests of that person;
b) in the present case, he participated as a judge, prosecutor, the person conducting the criminal investigation, expert, specialist, translator, witness or witnesses;
c) the prosecution or investigation of the case data, included a person the lawyer is in family relationships, family or close family to him.
(3) The lawyer is not entitled to act contrary to the interests of the client, to take a legal position without coordinating it with him (unless the client admits guilt), to refuse, without due cause, defending the suspect, defendant or of the convict, who had obliged.
(4) The lawyer has no right to plead guilty client if it does not plead guilty. Customer recognition of guilt does not deprive the right lawyer to contest the charge and require payment to the client.
(5) Advocate is prohibited from taking part in the process without prior knowledge of material file.
(6) The self-administration bodies of lawyers, lawyer:
a) participate in the Congress and the general assembly;
b) contributions paid into the budget for Lawyers Union;
c) carry out some tasks of self-administration bodies of lawyers if not undermine the exercise of his profession.
Article 55. Confidentiality
(1) The lawyer is not entitled to disclose confidential information have been disclosed during legal assistance and to transmit, without the customer, third parties documents related to the exercise of delegation.
(2) The obligation of professional secrecy is not limited in time.
Chapter IX - DISCIPLINARY LIABILITY OF ATTORNEYArticle 56. Disciplinary
(1) Disciplinary Counsel responsible for actions that violate this law, rules of the Code of Conduct for lawyers and other normative acts that regulate the legal profession.
(2) Petitions for action lawyers and information about disciplinary offenses committed by the lawyer during professional duties, shall be examined by the Commission on Ethics and Discipline. If there are sufficient grounds, has a control board. Control is performed by members of the commission or be the responsibility of the bar.
(3) Ethics and Discipline Committee should ask the lawyer who was brought disciplinary procedure explained in writing altе documents and materials necessary for a decision objectives.
(4) If it is true some violations committed by a lawyer, Chairman of the Ethics and Discipline presents material about the lawyer concerned to review the commission.
(5) Examination by the Commission on Ethics and discipline of materials related to disciplinary proceedings are disciplinary offenses.
(6) Ethics and Disciplinary Commission adopts one of the following decisions:
a) the disciplinary sanction;
b) for carrying out an additional control;
c) the lack of violations in action lawyer.
(7) Ethics and Discipline Committee decision is made public.
(8) A lawyer who was brought disciplinary proceedings is entitled to attend the examination question on holding him to disciplinary and to account directly for Ethics and Discipline Committee.
Article 57. Disciplinary
(1) Disciplinary sanctions are:
c) fine from 1000 to 3000 lei, which will become part of the budget of the Association. Fine shall be paid within 30 days from the date of issuance of the decision on disciplinary sanction in the form of a fine;
d) suspension of the lawyer (under art. 13 para. (1). c) and d);
e) withdrawing the license to practice law (under Article 25 para. (1).
(2) The disciplinary sanction taking into account the seriousness of the offense, the circumstances in which it occurred, the lawyer's work and behavior.
(3) Ethics and Discipline Committee decision on disciplinary sanction may be appealed in administrative court.
Article 58. Limitation periods
(1) Disciplinary proceedings may be brought, and brought the ranks, if the offense since the last one year. In this case it is not taken into account by the lawyer during temporary loss of working capacity, her whereabouts during the holidays and stay proceedings in disciplinary proceedings.
(2) Disciplinary sanctions shall be applied at more than two months from the date the violation was found, without taking into account by the lawyer during temporary loss of work capacity and leave her whereabouts.
Article 59. Cancellation of disciplinary sanction
(1) If within one year from the date of application of the disciplinary sanction sanctioned lawyer does not commit a new offense, it is considered that it was not subject to disciplinary sanction.
(2) Ethics and Discipline Committee is entitled to cancel the disciplinary sanction, up to the expiry of one year, on its own initiative, at the request of lawyers under the bar approach or association of lawyers.
Chapter X - ORGANIZATION AND REMUNERATION BUSINESS LAW. INSURANCE AND TAXATIONArticle 60. The organization of lawyers
(1) legal aid lawyer client based legal assistance agreement concluded in writing.
(2) Powers of attorney attested by mandate. Mandate form is a document of strict accounting. Content, form and use the mandate approved by the Government.
(3) A lawyer entitled to leave, to social security benefits and state pension.
(4) Establishing and paying social security benefits and state pensions lawyers is made by law.
(5) Lawyers are entitled to establish, as required by law, funds for social needs (retirement, insurance, etc..).
(6) The period includes the profession of lawyer in seniority.
Article 61. Liability insurance
(1) To ensure the material damage caused in the profession, the lawyer is entitled to conclude, under the law, civil liability insurance contract.
(2) The minimum amount insured for one year of activity is determined by the Council of Lawyers.
Article 62. Dress code
The lawyer is obliged to come to the hearings in the dress code of ethics lawyer complies.
[In effect until January 1, 2011]
Article 62. Dress code
(1) The lawyer is required to wear robes in court.
(2) The coat is approved by the Council of Lawyers.
(3) Wearing coat outside the court premises is prohibited, unless the lawyer is appointed to represent the profession bar bodies an occasion that requires this outfit.
[Effective from January 1, 2011 at the latest]
Article 63. Compensation business lawyer
(1) Labor lawyer is paid on the account of fees received from individuals and businesses.
(2) The size of the fee is established by agreement and can not be changed by public authorities or court.
(3) The State shall provide legal aid lawyers' remuneration in accordance with the Law on State Guaranteed Legal Aid.
(4) Costs incurred by customer in connection with providing legal aid lawyer to defend its legitimate rights and interests in criminal, civil and administrative matters to be compensated in full and proportionate requirements accepted (rejected) by the opposing party.
(5) Expenses incurred in connection with the lawyer providing legal assistance in criminal investigation and criminal court cases, civil and administrative settlement of the case shall be charged while in the background, without the prior litigation proceedings.
Article 64. Restrictions on advertising
(1) Advocate is prohibited from using, directly or through another person, procedures incompatible with the dignity of the profession for customer acquisition.
(2) Advocate is prohibited from using means of advertising or publicity by the processes specified in par. (1).
(3) Lawyers Union shall define the cases and whether the lawyer may inform the public about his business.
Article 65. Advocacy relations with the public
(1) The state guarantees the opportunity to practice lawyers and contribute to creating favorable conditions for this purpose.
(2) Ministry of Justice, within its competence:
a) supports self-advocates and their bodies in the Legal Profession;
b) contribute to recycling advocates;
c) provide methodological assistance at the request of lawyers and lawyers' associations;
d) issue licenses to practice law and maintain licenses;
e) record and maintain office practices associated attorneys and lawyers;
f) approve the documents provided by this law.
(3) Local authorities:
a) contributes to the lawyers office space suitable for the activity;
b) if necessary, bureaus and associations of lawyers granted concessions, including paying rent space;
c) ensure, in collaboration with self-administration bodies of lawyers, other measures to ensure free access to qualified legal assistance.
Chapter XI - RELATIONS WITH OTHER SIMILAR ORGANIZATIONS COUNTRIES AND INTERNATIONAL ORGANIZATIONSArticle 66. Relations with similar organizations in other countries and international organizations
Council of Advocates and lawyers associations establish relationships with similar organizations in other countries and international organizations of lawyers and jurists.
Chapter XII - FINAL AND TRANSITIONALArticle 67
(1) Upon entry into force of this Law, persons who were licensed attorneys in the Law No. 395-XIV of 13 May 1999 on the law. Members of the Association, and persons practicing lawyer in the license for legal assistance within three months from the date of publication of this law shall obtain a license to practice law without qualification exam, against payment in the amount of 360 lei, paid on behalf of the Ministry of Justice.
(2) Issuance of licenses to persons specified in par. (1) shall be made by the Licensing Commission, established by the Ministry of Justice under Law No. 332-XIV of 26 March 1999 on licensing of some types of activity.
(3) Offices of lawyers registered with the Union of Advocates, will re-register within three months from the date of publication of this Law, the Ministry of Justice. Offices of lawyers who will not re-register will lose their status.
(4) Ministry of Justice within 10 days of publication of this law, will form the number of lawyers, led by a deputy minister of justice, a commission for the preparation and convening Congress lawyers. Commission concerned Congress will convene before the entry into force of this law.
(5) The first meeting of Congress until the election of the President of the Council of the Association, will be chaired by the Chairperson specified in par. (4).
(6) making contracts internship concluded before the entry into force of this law shall be made within one month from the Licensing Commission of the legal profession. Unregistered agreements will not be considered to support the trainees qualifying examination.
(7) Government within three months:
Submit proposals for bringing the legislation into conformity with this Law;
bring its legislation in conformity with this law;
adopt necessary regulations for implementation of this Law.
(8) Determine that operation until legislation changes resulting from this law, in case of contradictions between the law and this law will apply this law.
This law comes into force 3 months after publication, except 67 which enter into force on publication.
The entry into force of this Law, the Law No. 395-XIV of 13 May 1999 on the law.