A few considerations regarding the draft law amending Law 514/2003 on the exercise and practice of the legal adviser profession

Abstract

Over the past few years, the legislation regarding legal advisors has made the object of two attempts to reform. None of the two bills passed by a vote in Parliament and so, the legal framework remains as it is, despite its multiple flaws and inadequacies caused by the lack of adaptation to current realities. Unlike other legal professions, the legal advisor practices under the authority of his employer, which gives him the statute of an employee rather than the one afferent to a free practicioner. The possibility of private legal practice is a non-existent option in the current state of the legislation. The article analyzes the amendments the two bills proposed, which follow the line of improvement towards professional independence, thoroughly organised professional associations and, nonetheless, means of increasing self-performance as one of the legal professions in the judicial system. All of the above are subsequent to a series of debates between members of the Legal Advisors College and representatives of the National Union of Romanian Bars.