If you’re searching for the services of a lawyer in Romania you need to know that this profession is considered by the law that regulates it as an independent profession, autonomous, with its own organization in accordance with the law and professional status.
According to the law and the Statute that regulate this legal profession lawyers can function in one of these forms:
- Individual Private Law Office;
- Associated Law Offices:
- Professional civil Law Company;
- Professional limited Liability Law Company.
It’s important to know that a lawyer cannot function in multiple forms of association.
1. The Romanian Individual Private Law office
In the form of exercising the profession called the Romanian Individual Law Office a single qualified lawyer functions alone or with associates. The Individual Private Law Office is established by the creationact registered at the Bar.
The relationship between lawyer holding the Romanian Individual Private Office and the associates shall be established by the cooperation agreement concluded in written form.
The Individual Private Law office is individualized by a name which includes the name of the qualified lawyer followed by the phrase”Individual Private Law Office”. The name of the Private Law Office may appear on the Individual Private Law Office firm and can be used in professional documents.
2. The Romanian Associated Law Offices
Individual Private Law offices can associate in joint exercise of profession. The association cannot restrict the rights of partners and cannot affect the rights and obligations related to professional affectation patrimony of each Private Law Office of the association.
The lawyers of the Associated Law Offices relate to the clients on behalf of the Associated Law Offices they represent.
Associated Law Offices cannot represent clients with contrary interests. An Associate Law Office cannot accept a case or a client, if the representative of one of the Associated Law rightly opposes.
3. The Romanian Professional Civil Law Company consists of two or more qualified lawyers contributing in kind and / or cash to establish an affectation patrimony for the exercise of professional activity. Other lawyers working in the Civil Law Company work either as associates or as salaried lawyers.
The Civil legal relationship arises between client and Professional Civil Law Company, professional services will be performed by any of the lawyers appointed by the managing lawyer, without requiring the client's option, unless the professional services consist of legal assistance and representation in court, in front of criminal investigation bodies or other authorities, when the legal assistance contract indicates the name of the attorney designated or accepted by the client.
4. The Romanian Professional Limited Liability Law Company consists of two or more qualified lawyers. It has legal personality and its own patrimony of affectation for the exercitation of the profession of lawyer. Professional obligations of the Limited Liability Law Company are secured by the assets of affectation patrimony. Lawyers who associate practicing in the Professional Limited Liability Law Company are personally responsible in the limit of the share capital. Professional Limited Liability Law Company shall have the sole purpose of exercising the profession of lawyer under the provisions of the law.
Professional activity is performed by associate lawyers, associates and lawyers paid within the profession.
The Articles of Incorporation and Statutes of the Professional Limited Liability Law company shall be made in writing. The Articles of Incorporation shall be notarized when one of the goods subscribed to share capital is immobile property or land.
The Professional Limited Liability Law Company is distinguished by a specific name, including the name of at least one of the qualified lawyers, followed by the inscription "Professional Limited Liability Law Company"
Professional Limited Liability Law Company acquires legal personality on the date of its registration with The Bar.
The Limited Liability Law Company will not be registered if the share capital is not subscribed.The share capital of the Professional Limited Liability Law Company will be the equivalent in LEI of10,000 Euros minimum. The share capital will be paid at the time the Professional Limited Liability Law Company is incorporated. The Bar Council where the Professional Limited Liability Company is registered will be required to verify the full payment of the share capital.
In accordance with position they occupy in one of these forms of association for the exercise of their profession lawyers can be:
- The Romanian Lawyer holding The Individual Private Law office;
- Associate lawyer in Associate Law Offices ;
- Associate Lawyer in a Professional Civil Law Company;
- Associate Lawyer in a Professional Limited Liability Law Company;
- Collaborator Lawyer
- Salaried Lawyer in profession.
May a shareholder of The Romanian Professional Limited Liability Law Company be someone else than a Romanian lawyer ?ReplyDelete