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 ?
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