An attorney is a person who has an education in the field of jurisprudence, has a license to practice law and represent clients in court.
The term "lawyer" refers to a person who has graduated from law university and has knowledge of the law.
Search for attorneys (lawyers) in Moldova
Law of the Republic of Moldova No. 1260/2002 "on Advocacy" is a key regulatory act ensuring the functioning of the advocacy in Moldova as an independent and professional legal institution.
The law regulates the status of lawyers, their rights, obligations, the procedure for obtaining status, and the principles of organizing the advocacy in Moldova, ensuring the independence of legal practice and the protection of citizens' rights.
This law establishes that attorney are independent professional advisors (lawyers) who defend the interests of their clients and prohibits interference in their activities.
Right to qualified legal assistance
- Any person has the right to freely choose an lawyer (attorney) to receive consultations and representation on legal matters.
- The state ensures access to qualified legal assistance to all persons in accordance with the law on advocacy.
- Individuals and legal entities have the right to use, in the established manner, legal assistance from any layer by agreement of the parties.
- In cases provided for by law, qualified legal assistance is paid for from the state budget.
- Taking into account the financial situation of the person, the lawyer can provide him with free legal assistance.
- Lawyer of the Republic of Moldova have the right to carry out individual assignments or practice law in other states, if this is provided for by the legislation of the relevant state.
Basic Provisions of the Law
- Independence and Guarantees: The law guarantees non-interference in the professional activities of an attorney. Searches, seizure of documents, and wiretapping of a attorney's telephone conversations are permitted only with the prosecutor's sanction or by court order, and a personal search is permitted only in cases of obvious violation of the law.
- Attorney-client privilege: An attorney may not be questioned about the nature of their relationship with a client.
- Right to assistance: Every person detained, taken into custody, or accused has the right to the assistance of an attorney from the moment of detention, detention, or the filing of charges.
- Defense of an Attorney: Insults, slander, threats, or violence against an attorney in the performance of their duties entail liability established by law.
- Principles of the Advocacy: The law enshrines fundamental principles such as honesty, competence, integrity, and legality.
Courts of the Republic of Moldova
Profession of Attorney under specific EU legislation
Temporary mobility
Lawyers established in the EU can offer their services on a temporary basis in any EU country. To do so, they have to keep their professional title from their home country, expressed in the language of their home country (e.g. the titles 'barrister' or 'solicitor' obtained in Ireland).
Establishment in another EU country
Lawyers already established in one EU country may establish themselves in any other EU country and carry out the same activities on a permanent basis. To do so, they have to keep their home-country professional title.
To establish themselves in another EU country, lawyers must register with the authorities of the host country and provide proof (a certificate) of their registration in their home country.
After 3 years of regular practice in the host country, lawyers may apply to acquire the professional title of the host country.
Legal basis of the Republic of Moldova
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Constitution of the Republic of Moldova
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Law No. 1260/2002 on Advocacy
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Statute of the Advocacy Profession
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Judicial System of the Republic of Moldova
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international treaties to which the Republic of Moldova is a party.
Main legal basis of the EU
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Directive 77/249/EEC to facilitate the exercise by lawyers of freedom to provide services
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Directive 98/5/EC on practicing law in another EU country
