Clarification of the “right to present arguments” by lawyers issued by the National Bar Association

The right of lawyers to present arguments in various courts is the subject of a recent statement issued by the Romanian National Bar Association on 3 December 2016. The statement addresses the ability of lawyers to act on behalf of clients in various courts as provided by the law governing the legal profession.

The law limits the rights of lawyers to appear in front of different courts according to the lawyer’s level of professional experience. For instance, a new lawyer on probation may present arguments on behalf of clients before district courts, but not before Tribunals, Appeal Courts, or the High Court of Cassation and Justice.

This document defines “presenting arguments” by a lawyer as including requests for deferrals, discussions of evidence requested for trial and presenting requests, such as procedural objections and final arguments on the merits of the case.

Stratulat Albulescu - Attorneys at law