Lawyers could provide legal advice only under contract

The lawyers could give legal advice only under contract and they would not be allowed to act under the power of attorney. The Parliament passed a bill in first reading amending the law on the Bar. The activity of the lawyer in the interests of the wife/husband and of the relatives up to the fourth degree inclusive will make an exception from the rule. Deputy Minister of Justice Nicolae Esanu said that such an amendment was necessary because many lawyers now prefer to avoid the offices in which they work and justify their duties only by the power of attorney. As certain incomes are not declared, the state sustains losses. The reputation of the lawyers is also affected. Depriving the clients of guarantees that they will receive qualified legal assistance and diminishing significantly the probability of repairing the damage, the absence of a written contract signed directly by the lawyer and client serves as ground for abuses, Esanu said. The bill stipulates certain conditions that must be observed and namely: the contract should be drawn up in written form and included in the register of contracts of the law office. Obligatorily, the contract for legal assistance must contain a clause about the remuneration of the lawyer. If such a condition is not observed, the licence could be withdrawn. The same will happen if the stipulations of the contract for legal assistance signed by the lawyer and the client are not respected.

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