Fees
Our fees are set and collected in accordance with the following applicable legal provisions contained in the Statute regarding the attorney profession (Statut din 2011 al Profesiei de avocat, publicat în Monitorul Oficial nr. 898 din 19 decembrie 2011, cu modificările și completările ulterioare)
A lawyer shall be entitled to a fee for his professional activity and to reimbursement of all expenses incurred in the interests of his client.
Fees shall be fixed in relation to the difficulty, extent or duration of the case.
The determination of the lawyer’s fees depends on each of the following elements:
- the time and amount of work required to carry out the mandate received or the work requested by the client;
- the nature, novelty and difficulty of the case;
- the importance of the interests involved;
- the fact that the acceptance of the mandate given by the client prevents the lawyer from accepting another mandate from another person, if this can be ascertained by the client without further investigation;
- the lawyer’s reputation, qualifications, seniority, experience, standing and specialisation;
- collaboration with experts or other specialists required by the nature, subject matter, complexity and difficulty of the case;
- the advantages and results obtained for the client’s benefit as a result of the lawyer’s work;
- the client’s financial situation;
- the time constraints under which the lawyer is obliged by the circumstances of the case to act in order to provide efficient legal services.
Fees shall be freely determined between the lawyer and the client, within the limits of the law and of the present Statute.
The fees shall be determined and set out in the legal assistance contract at the time of its conclusion between the lawyer and the client, before the start of the assistance and/or representation of the client.
If the concrete circumstances require immediate assistance and/or representation and a legal assistance contract cannot be concluded, the lawyer shall be obliged to send a communication to the client as soon as possible, informing the client of the fees he proposes for assistance and/or representation. In the absence of an express instruction from the client to terminate the assistance and/or representation or a communication by which the client expressly expresses his disagreement with the fees, the fees proposed in the communication made by the lawyer shall be deemed to have been accepted.
In all cases, the fees shall be set out in the legal assistance contract to be concluded in writing.
Fees may also be fixed in foreign currency, provided that payment of the fees complies with the provisions on the legal regime of payments.
Fees may be fixed as follows:
- hourly fees;
- fixed (flat-rate) fees;
- success fees;
- fees made up of a combination of the criteria set out in points (a) to (c).
The hourly fee shall be set per hour of work, i.e. a fixed amount of monetary units payable to the lawyer for each hour of professional services rendered to the client.
The fixed (lump sum) fee shall consist of a fixed amount payable to the lawyer for a professional service or categories of such professional services which he provides or, as the case may be, provides to the client.
The hourly and fixed (lump sum) fee shall be payable to the lawyer irrespective of the result achieved by the provision of professional services.
A lawyer may receive from a client periodic fees, including in a lump sum.
The lawyer has the right to request and obtain, in addition to the fixed fee, a success fee as a supplement depending on the result or service provided. The success fee shall consist of a fixed or variable sum fixed for the achievement by the lawyer of a certain result. The success fee can be agreed together with the hourly or fixed fee.
In criminal cases, the success fee may only be charged in relation to the civil side of the case.
Lawyers are prohibited from fixing their fees on the basis of a quota litis agreement.
A quota litis agreement is an agreement concluded between a lawyer and his client before the final settlement of a case, which exclusively fixes the lawyer’s total fees according to the judicial outcome of the case, regardless of whether these fees consist of a sum of money, an asset or any other value.
Fees representing the acquisition, in any form whatsoever, of contributions from the business (legal work performed by the lawyer) are prohibited.
A lawyer may collect fees only from his client or from a client’s representative.
At the request of either party, appeals and complaints concerning fees shall be decided by the Dean of the Bar by means of a reasoned decision after hearing the parties.
The settlement of disputes and complaints shall be made by applying the principle of mediation and by attempting conciliation between the parties within a maximum of 30 days from the date of registration of the dispute or complaint.
The decision of the Dean may be appealed to the Bar Council by the party concerned.
The Bar Council shall decide on the legality and merits of the Dean’s decision without the Dean’s participation in the vote. Interested parties may be invited to provide clarifications and explanations.
The Bar Council shall decide within 30 days from the date of the referral at the latest by means of a reasoned decision, which shall be communicated within 15 days from the date of the decision at the latest.