Makszem Dumbraveanu
c a b i n e t a v o c a t
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Lawyers in Romania,
are free and independent
(Law No. 51 of June 7, 1995, republished in Monitorul Oficial (M.Of.), the Romanian Law Gazette, No. 113 of March 6, 2001).
In the exercise of their profession, they are exclusively subject to the law, the professional statute of the Romanian Bar Association
(published in M.Of. 45 of January 13, 2005)
as well as the professional standards.
You have the right to represent natural and legal persons before the judicial authorities, before authorities and other public institutions as well as against natural and other legal persons.
Any lawyer with a Romanian Second Exam is admitted to all courts in the country with the exception of the Supreme Court, the Court of Auditors and the Constitutional Court.
stand-in
In Romania there is no compulsory lawyer in civil proceedings.
This is different in criminal matters if the accused / defendant is a minor,
does his military service, comes from an educational institution, is arrested if a sentence of more than five years can be expected for the offense which is the subject of the criminal proceedings, if the court is of the opinion that the accused cannot defend himself adequately .
Detainees have the right to a public defender.
In a procedure in the first instance, the person concerned can be represented by the spouse, in the subsequent instances personal appearance is then required.
There is the possibility of having legal counsel in civil proceedings, for which the state will pay the costs.
However, this is only done in cases in which the Romanian state can assume that it will recover the expenses incurred.
A prerequisite for the provision of legal assistance is an application in accordance with Art. 75 ff. Of the Romanian Code of Civil Procedure.
mandate
A mandate towards a lawyer is issued through a written contract.
This establishes a legally binding relationship between the client and the lawyer alone. It should be noted that many lawyers only take on a mandate for the initial procedure and not also for the appeal procedure.
A minimum fee is payable for each representation in proceedings, but there is no upper limit. The amount in dispute in a proceeding is only used as a guide for setting the fees. There is no regulation for the hourly rates to be applied.
Legal aid for destitute citizens is not common in Romania.
Lawyers in Romania are organized in bar associations. There is a chamber for each of the 41 circles. All the chambers are brought together in the Uniunea Nationalâ a Barourilor din România (UNBR), the Association of Lawyers (Law No. 255 of June 23, 2004).
Each bar association has a committee responsible for disciplinary action, the "Comisia de disciplina a baroului", whose decisions can be reviewed in two other bodies at the UNBR.
Lawyer Makszem - Dumbraveanu in Timisoara, Romania
also offers the services in English, French, Italian and Romanian.