In this article, you will learn what are the new minimal fees practiced by lawyers in Romania, as a method imposed by The National Union of Romanian Bars (UNBR).
This was made in order to set in place good practices for the enforcement of art. 127, art. 175, art. 176 para. (1) let. d) and para. (2) of the Professional Statute of Attorneys, a regulation adopted by UNBR through Decision 64/2011, with subsequent modifications.
The minimal fees provide by the Annex to Decision 272 are to be regarded as recommendations and attorneys and their clients may agree over higher fees.
On this occasion, the Council of UNBR reaffirmed its efforts to uphold and stimulate professional competition in the sector of legal services, in view of developing a normal competition-driven climate, and the recent minimal fees are in no way meant to restrict this competition, respecting the right of attorneys to set their own fees as agreed with their clients.
The minimal fees are also to be taken into consideration for the legal assistance contracts concluded by means of remote communication, or under the form of a letter of commitment.
The payment of minimal fees in installments cannot be scheduled for periods longer than a year when such scheduling would allow charging fees under the minimal level.
The minimal fees set by UNBR include activities that pertain both to civil and criminal law.
Here are some examples:
- notifications – hourly fees, but no less than RON 225;
- apostils and legalized translations – RON 225;
- assistance or representation in mediation/counseling/negotiation – RON 240 a session;
- assistance or representation in front of third parties – RON 120;
- requests to transfer the lawsuit to a different court – RON 240;
- legal consultations, editing of legal documents – RON 120 an hour;
- divorce request when no minors are involved - RON 960;
- divorce request when minors are involved - RON 1680;
- guardianship - RON 840;
- restriction – RON 840;
- assistance /representation in cases of adoption - RON 1440;
- action in contentious administrative – RON 1200;
- editing of appeals against fiscal repossession procedures – RON 960;
- appeal against fiscal administrative documents – RON 1680;
- appeal against fines – RON 600.
- initial legal consultation – RON 240;
- incidental legal consultation – RON 120;
- attorney’s visit to the detainee (initial) – RON 360;
- attorney’s visit to the detainee (incidental) – RON 240;
- studying of the case – RON 120 for criminal investigation in personam, plus RON 120 lei for each subsequent phase of the trial;
- the civil lawsuit – 2% of the sought sum, but no less than RON 840;
- editing of a request, exception, complaint or any other similar document – RON 240;
- appeal against verdict – RON 360;
- legal assistance/representation in appeal against verdict – RON 480;
- editing of demand to be paroled – RON 360;
- legal assistance/representation in demands to be paroled – RON 360;
- requests pertaining to the regime of detention – RON 240.
The complete list of minimal fees of attorneys can be consulted on the UNBR web site:
After consultations with its members, UNBR decided on 28 September 2017 to postpone the enforcement of the provision of articles 4-8 and of art. II, art. IV, art. V of the Annex to the Decision 272 that sets minimal fees for attorneys.
These articles will be reconsidered by the UNBR Council, taking into consideration the proposals of Bar Associations and the conclusions of the Workgroup formed by the UNBR Council with this regard.
The suspension pertains to provisions such as the duration of scheduled installments, the 50% reduction of the fees for services provided to minor clients, and the solutions to situations that are contrary to the provisions of Decision 272.
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