A GOOD DEFENCE – A COMBINED EFFORT OF THE STATE AND THE ATTORNEY

Elena Mihaela Fodor
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Elena Mihaela Fodor: Ph.D, Associated Professor, "Dimitrie Cantemir" Christian University, Faculty of Law Cluj-Napoca, ROMANIA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2015, vol. 63, 46-58

Abstract: The responsibility of the attorney lays in his good training and moral conduct. The compelling of these demands is traditionally supervised by the professional body of the attorneys. Romania has a recent history of parallel professional associations of attorneys, a situation insufficiently solved by the state, with important repercussions. On the other hand, procedure rules have improved in the attempt to combine the need for an efficient public service of justice with the right to defence, according to the rules of a fair trial. Like for other liberal professions, confidentiality between the client and the professional is an important issue. In the legal area, the protection of confidentiality is very important, as it may influence the result of the service provided. Both the state and the attorneys, through their professional body worked to protect it. The paper presents an insight of the struggle of attorneys in the Romanian legal system, both at an institutional and a personal level, in respect with the above mentioned problems that affect a high quality defence. It is a continuation of other studies focusing on different issues in connection with the principles governing the profession of attorney, like independence of the professional and continuous training.

Keywords: attorney; defence; confidentiality; legal system; liberal professions (search for similar items in EconPapers)
JEL-codes: K29 (search for similar items in EconPapers)
Date: 2015
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