Attorney_Client_Privilege_ROMANIA

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					Romania

© Copyright Lex Mundi, Ltd. 2007

IN-HOUSE COUNSEL AND ATTORNEY-CLIENT PRIVILEGE

ROMANIA Nestor Nestor Diculescu Kingston Petersen
CONTACT INFORMATION:

Manuela M. Nestor
Nestor Nestor Diculescu Kingston Petersen Neocity Tower, Floors 9-12 Calea Dorobantilor, 237B Bucharest 1, Romania Tel: 40.21.20.11.200/ Fax: 40.21.20.11.210 Email: Manuela.nestor@nnkp.ro

Under law no. 51/1995 regarding the organization and performance of lawyer’s profession in Romania and the Statute of the profession, only a member of the Bar can perform lawyer’s activities. In the exercise of the profession the Romanian lawyer is independent and shall obey only to the law, the statute and the ethics of the profession. The scope of the legal profession is the defense of the rights, freedoms and legal interests of the clients. The attorney-client relationship is based, according to the law, on honesty, probity, correctness, sincerity and confidentiality. The attorney-client privilege is provided under law no. 51/1995 and the Statute of the profession and implies that a lawyer shall not reveal information relating to representation of a client unless the client consents after the consultation. The confidentiality obligation of the lawyer is absolute and is not limited in time. Such obligation covers all the activities of the lawyer, his associates, agents, employees and other lawyers. Under no circumstances can the lawyer be obliged to disclose the professional secrecy. With a view to protect the professional secrecy the professional documents and works preserved by the lawyer or in his/her professional office are inviolable. The corporeal investigation or the

Romania

© Copyright Lex Mundi, Ltd. 2007

research at the lawyer’s domicile or professional place may be effected only by the prosecutor on the basis of the special mandate issued in accordance with the law. The professional communications of the lawyer as well as his professional correspondence may not be listened or registered under no circumstances other that under the special conditions and with the special procedures provided by the law. The contact between the lawyer and his client may not be interfered with or controlled either directly or indirectly by any state authority. If the client is detained, the prison administration is compelled to ensure the observance of the above rights. The in-house counsel or juridical counselors’ professional activity (whose profession is regulated by law no. 514/2003 and the Statute enacted in March 2004), is protected to the same extent as the lawyers’ profession as regards the attorney-client privilege.


				
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