An attorney is a person who has an education in the field of jurisprudence, has a license to practice law and represents clients in court.
The term "lawyer" refers to a person who has graduated from law university and has knowledge of the law.
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Law of the Republic of Moldova on State Fee
Law of the Republic of Moldova No. 1260/2002 "on Advocacy" is a key regulatory act ensuring the functioning of advocacy in Moldova as an independent and professional legal institution.
The law regulates the status an attorney, 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 attorneys are independent professional advisors (lawyers) who defend the interests of their clients and prohibits interference in their activities.
The profession is independently governed through the Union of Attorneys of the Republic of Moldova.
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 an 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.
The right to qualified legal assistance (Article 5)
(1) Every person has the right to freely choose an attorney to be consulted and represented by him in legal matters.
(2) The State ensures access to qualified legal assistance to all persons under the terms of this law.
(3) Natural and legal persons are entitled to benefit, in the established manner, from the legal assistance of any attorney based on the agreement of the parties.
(4) In cases provided for by law, the payment for qualified legal assistance is paid from the state budget.
(5) Based on the material condition of the person, the attorney may provide him with legal assistance free of charge.
(6) Attorneys from the Republic of Moldova are entitled to carry out certain delegations or to practice the profession of attorney in other states, if this is provided for by the legislation of the respective state.
Practice of the profession of attorney by attorneys from other states (Article 6)
(1) Attorneys from other states may practice the profession of attorney on the territory of the Republic of Moldova if they meet the conditions provided for by law, except for the condition regarding citizenship.
(2) An attorney from another state may practice on the territory of the Republic of Moldova if he certifies his capacity as an attorney in his state of origin and is registered in the special register kept by the Council of the Union of Attorneys of the Republic of Moldova, hereinafter referred to as the Union of Attorneys.
(3) An Attorney from another state may not represent the interests of natural or legal persons in courts of law and in relations with public authorities other than in international commercial arbitration. If the interests of the client so require, as well as at the client's request, the lawyer from another state may assist the lawyer from the Republic of Moldova.
(4) The attorney from another state may carry out activities within the lawyer's office or within the associated law firm on a contractual basis.
(5) The register of attorneys from other states who have the right to practice law on the territory of the Republic of Moldova shall be published on the official website of the Union of Attorneys.
Provision of state-guaranteed legal assistance (Article 7)
The conditions, volume and manner of provision of state-guaranteed legal assistance by attorneys shall be established by the Law on State-guaranteed legal assistance.
Types of qualified legal assistance (Article 8)
(1)Attorneys shall provide the following types of qualified legal assistance to natural and legal persons:
a) provide consultations and explanations, present conclusions on legal issues, present oral and written information on legislation;
b) draw up legal documents;
c) represent their interests in courts of law;
d) represent their interests in legal matters in relations with public authorities, notaries public, bailiffs and other natural and legal persons;
e) participate in criminal prosecution and judicial debates in criminal cases as a defender or representative of the victim, the civil party, the civilly liable party and witnesses;
f) carries out fiduciary activities;
g) carries out independent investigative activities.
(2) The provision of qualified legal assistance provided for in paragraph (1) letters c) and e) by a natural or legal person who does not have the capacity of an attorney shall be punishable, unless otherwise provided by law.
(3) Attorneys shall provide other types of legal assistance to natural and legal persons, not prohibited by law, both in the case of single delegations and in the case of long-term delegations.
(4) In the procedure for providing legal assistance, the attorney may certify copies and extracts from documents and may certify signatures on documents necessary for the provision of legal assistance, including those on the mandate signed with a qualified electronic signature. The attorney may not perform these actions for himself, for members of his family, for relatives or in-laws.
(5) The actions specified in paragraph (4) shall be certified by the signature and stamp of the attorney, if he has one, indicating the date and mentioning the correspondence with the original.
Quality of legal assistance services (Article 9)
The legal assistance provided by the attorney must comply with good professional practices in legal matters, material and procedural norms and result from professional and correct conduct.
Trainee Attorney (Article 15)
(3) The trainee attorney (is allowed to provide, for a fee, legal assistance to the client in courts of first instance, courts of appeal and public authorities.
The trainee attorney has the right to assist the supervising attorney at any stage of the criminal trial, in the case of defending the rights of the suspect, accused or defendant and to provide legal assistance at all stages of the criminal trial to the other parties participating in the criminal, contravention and civil proceedings, with the exception of representing the party at the appeal stage of the trial.
Profession of Attorney under specific EU legislation
Temporary mobility
Attorneys 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
Attorneys 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, attorneys 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, attorneys 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
