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In this article, we aim to present essential aspects regarding the legal responsibility of the lawyer, with a particular focus on the activity of legal representation and assistance, without claiming to comprehensively address the chosen topic. According to art. 3 para. (1) of Law no. 51/1995 on the organization and exercise of the lawyer profession, the lawyer's activity is carried out through: a) legal consultations and requests; b) legal assistance and representation before the courts of law, the bodies of criminal investigation, authorities with jurisdictional attributions, public notaries, bailiffs, public administration bodies, institutions, as well as other legal entities, in accordance with the law; c) drafting legal documents, certifying the identity of the parties, the content, and the date of the documents submitted for authentication; d) assisting and representing natural or legal persons before other public authorities with the possibility of certifying the identity of the parties, the content, and the date of the concluded acts; e) defending and representing, with specific legal means, the legitimate rights and interests of natural and legal persons in their relations with public authorities, institutions, and any Romanian or foreign person; f) mediation activities; g) fiduciary activities carried out under the conditions of the Civil Code; h) temporary establishment of the registered office for companies at the lawyer's professional office and registering them, on behalf and for the account of the client, the interested parties, the shareholders, or the company shares thus registered; i) fiduciary activities and activities of temporary establishment of the registered office for companies at the lawyer's professional office and registering them, on behalf and for the account of the client, the interested parties, the shareholders, or the company shares thus registered can be carried out under a new legal assistance contract; j) special guardianship activities according to the law and the Statute of the lawyer profession; k) any means and methods for exercising the right of defense, in accordance with the law. Regarding the activity of legal representation and assistance, the lawyer shall not be held criminally liable for oral or written statements made, in proper form, before the courts of law, bodies of criminal investigation, or other administrative bodies of jurisdiction, nor for consultations provided to litigants or for formulating the defense in that case, or for statements made during verbal consultations or written consultations provided to clients, provided that they are made in compliance with the rules of professional ethics. However, during their activity, the lawyer may be held criminally, civilly, disciplinarily, or administratively liable, depending on the nature of the unlawful act committed, which we will assess to what extent by referring to the legal provisions mentioned above. Therefore, through this article, we aim to provide, in a general manner, information regarding the legal responsibility of the lawyer that may arise in the exercise of legal representation and assistance activity. |
