How to become a lawyer in Moldova: rules and requirements

Can lawyers from other countries practice law in Moldova and what are the requirements for their lawyers? How difficult is the qualification exam and who is not required to take it? What are the rules of the internship and who is exempt from it?

These and other questions were answered by the UNBA representative in Moldova Yuriy Hryhorenko during the webinar «Access to the legal profession abroad» organized by the UNBA Committee on International Relations on November 27.

He said that in accordance with local legislation, the practice of law may be carried out by a person who is a citizen of the Republic of Moldova, has full legal capacity, holds a law licensee diploma or an equivalent educational document, has an impeccable reputation and is admitted to the practice of law after passing the qualification exam.

Internship and exam

However, before this exam, the candidate must pass a preliminary test consisting of 400 questions. If a person provides correct answers to more than 350 questions, he or she is admitted to the internship for professional training, which lasts 18 months. During this time, the person has the status of an advocate-intern.

Only then can the candidate pass the qualifying exam of the Commission for Licensing of Attorneys' Activities. This exam consists of written and oral parts.

Holders of a doctorate in law, as well as persons with at least 10 years of experience as a judge or prosecutor, are exempt from the professional internship and the qualification exam if they apply for a license to practice law within six months after their resignation. The same rights, under the same conditions, are also enjoyed by persons who, after resigning as a judge or prosecutor, continued to work in the field of law.

The advocate's license is issued for an unlimited period by the Ministry of Justice of Moldova upon the proposal of the Qualification Chamber of the Union of Advocates of the Republic of Moldova.

Impeccable reputation

However, according to the law, a person who has applied for a license to practice law is not considered to have an impeccable reputation, and his or her application shall not be satisfied if this person:

• has been previously convicted of intentional grave, especially grave or extremely grave crimes, regardless of the expungement of the conviction;
• has an outstanding conviction for committing other crimes;
• has previously been expelled from the bar or deprived of a license to provide legal aid on compromising grounds;
• has been dismissed under compromising circumstances from law enforcement agencies, from the position of a judge, notary, legal counsel or civil servant;
• carries out activities incompatible with the norms of the Code of Ethics of the Attorney, or his or her behavior does not comply with these norms;
• violated fundamental human rights and freedoms, as established by a court decision.

The same rules apply to trainee advocates.

Foreign lawyers

Advocates from other countries may practice law in Moldova provided that they meet the above requirements (except for citizenship).

A person who has confirmed the status of an advocate in the country of origin and is included in a special register maintained by the Council of the Bar Association of the Republic of Moldova may practice law.

The advocate from another state may not represent the interests of individuals or legal entities in courts and in relations with other public authorities, except in international commercial arbitration. If the interests of the client require it, as well as at the request of the client, the foreign advocate may provide assistance to the advocate from the Republic of Moldova.

The foreign advocate may practice as a member of the law office or united law firm on the basis of a contract.

The register of advocates from other countries who are entitled to practice law in the Republic of Moldova is published on the website of the Bar Association.

The nuances of the activity

The practice of law in Moldova is carried out in the form of a law firm or an associated firm of lawyers.

Advocates provide legal assistance to individuals and legal entities by providing consultations and explanations, drafting legal documents, representing interests in courts, as well as in other public authorities and individuals and legal entities.

Starting from January 1, 2012, only licensed attorneys and trainees may represent individuals in civil litigation. Legal entities may be represented by their employees under a power of attorney. Prior to January 1, 2012, any individual with full legal capacity could be represented in court in civil cases.

The advocate's remuneration shall be paid from the fees received from individuals and legal entities. The amount of the fee is set by agreement of the parties and cannot be changed. It also cannot be influenced by public authorities or the court.

In the Republic of Moldova, there is no minimum or maximum mandatory level of payment established by law. At the same time, the Council of the Union of Advocates periodically approves recommendations on the amount of attorneys' fees. For example, according to the recommendations approved in 2012, the reasonable and recommended range of hourly rates for lawyers is approved in the range of 50 to 150 euros per hour.

Professional liability insurance for lawyers is not mandatory. However, lawyers may voluntarily insure their clients against the risks of professional errors.

Starting from January 1, 2011, every lawyer is obliged to wear a certain type of clothing in front of courts.

On March 30, 2012, the Council of the Union of Advocates of the Republic of Moldova approved the Charter of the Association of Young Advocates. The Association is a form of union of advocates under the age of 40, as well as advocate trainees. It promotes the protection of the interests of the legal profession and is an autonomous structure without the status of a legal entity, formed together with the Union of Advocates.

Self-government

All members of the Chamber of Advocates of the Republic of Moldova form the Union of Advocates of the Republic of Moldova. The number of regional chambers of advocates in Moldova corresponds to the number of courts of appeal. Thus, the 4 Moldovan bars are Chisinau, Balti, Cahul, and Comrat. The largest is the Chisinau Bar with a total number of almost 2000 attorneys.

The representative and advisory body of advocates, which ensures the ongoing activities of the Bar Association, is the Council of the Bar Association. The Council is formed by the President of the Association of Advocates, deans (chairmen) of the regional chambers of advocates and advocates delegated by the regional chambers of advocates according to the norm of representation of 1 delegate per 200 advocates. The term of office of a member of the Bar Council is 4 years.