The legal profession – an enhanced degree of protection

The legal profession will be regulated by new terms of professional conduct, as well as enhanced protection granted by the law. In October, the legislative proposal regarding the amendment of Law 51/1995 regarding the organization and exercise of the legal profession was approved by Parliament and sent for promulgation.

Particularly noteworthy is that communications between lawyer and client cannot be subject to electronic surveillance, except for cases when existing data indicates that the lawyer might be committing/preparing to commit a serious crime. Such crimes include those against national security or terrorism, trafficking in human beings, drugs or arms trafficking or tax evasion. Any evidence collected in breach of this legal provision will no longer be admissible in court.

Attorney-client privilege i.e. the legal requirement that ensures any information provided to a lawyer is kept confidential, has been strengthened. Consequently, the disclosure by the lawyer of confidential details or commercial/operational secrets entrusted to them by a client will be deemed a crime, punishable by 1-5 years of imprisonment.

Stratulat Albulescu - Attorneys at law