Why Don't Criminal Defense Lawyers in Romania Publish Their Fees?

According to the Statute of the Legal Profession (Romanian text), fees are established based on the difficulty, scope, and duration of the case, according to a series of specific criteria:

• Case Complexity – A simple case of driving under the influence cannot be compared to an international drug trafficking case;
• Workload – The number of prosecutorial acts, witnesses to be questioned, pieces of evidence to be analyzed, or motions to be filed can vary significantly;
• Procedure Duration – Some cases are resolved quickly, while others may extend over multiple procedural phases (trial, appeal, final appeal) and long periods;
• Urgency – Situations requiring rapid intervention (searches, detentions, arrests) can influence the fee structure;
• Client's Objectives – Each client has particular expectations and needs, and these must be discussed and analyzed before establishing a collaboration;
• The Stakes Involved – such as the client's freedom, reputation, or professional situation;
• The Nature, Novelty, and Difficulty of the Case – some cases involve new or rare aspects of criminal law in judicial practice;
• Time and Resources Allocated – including the fact that accepting the mandate may prevent the lawyer from accepting other cases simultaneously;
• The Lawyer's Specialization, Experience, and Reputation – these can influence the level of trust and the value of the work performed;
• Collaboration with Experts or Other Specialists, if required by the nature of the case (e.g., IT, toxicological, or financial expert reports);
• The Results Obtained for the client, relative to the difficulty of the case;
• The Client's Financial Situation, analyzed in good faith;
• Time Constraints within which the lawyer must act effectively to ensure a quality defense.

To provide an overview of the costs in the legal profession, it is useful to mention the Guideline for Minimum Lawyer Fees, adopted by the National Union of Romanian Bar Associations (UNBR) through Decision no. 353 of June 8, 2023 - Note: Romanian text only.

This guide serves as a recommendation and establishes minimum thresholds for various legal services. It is based on an estimated calculation of the costs necessary to conduct lawyer services in Romania.

However, I must emphasize that this Guideline is NOT a price list. The specific fee will be determined individually, according to the criteria detailed above (complexity, duration, urgency, etc.), and will be discussed transparently during the initial consultation. The Guideline's purpose is to illustrate the minimum costs associated with qualified legal assistance in Romania.

A court-appointed lawyer is assigned when legal assistance is mandatory (Article 90 of the Criminal Procedure Code), namely when:

1. the suspect or defendant is a minor, is interned in a detention or educational center, is detained or arrested (even in another case), is subject to a medical internment security measure (even in another case), or in other cases provided by law;
2. the judicial body deems that the suspect or defendant cannot conduct their own defense;
3. during the preliminary chamber procedure and during the trial in cases where the law provides for a penalty of life imprisonment or a prison sentence exceeding 5 years for the committed offense.

Applying these general rules to the specific context of drug-related offenses (primarily regulated by Law no. 143/2000), the situations requiring the appointment of a lawyer are:

1. When pre-trial measures involving deprivation of liberty are taken: Regardless of the exact legal classification of the act (whether it's trafficking, possession for personal use, etc.), if the suspect or defendant is detained for 24 hours or is placed under pre-trial detention or house arrest, legal assistance becomes mandatory. This is one of the most common moments a court-appointed lawyer intervenes in drug cases.

2. When the judicial body finds an incapacity for self-defense: Even if the person is not detained/arrested and the offense does not yet mandate assistance based on other criteria, if the prosecutor (during the investigation) or the judge (in the preliminary chamber/trial) believes the suspect or defendant cannot effectively conduct their own defense for personal reasons (age, health status, lack of understanding of procedures, case complexity, etc.), a court-appointed lawyer will be assigned. This assessment can occur at any stage of the process and for any type of drug-related offense.

3. Upon indictment for trafficking of drugs or products likely to have psychoactive effects: Offenses involving the trafficking of low-risk and high-risk drugs or products likely to have psychoactive effects (as provided by Law 143/2000 or Law 194/2011) carry penalties exceeding 5 years in prison. Therefore, when a person is sent to trial for such serious offenses, legal assistance becomes mandatory during the preliminary chamber phase and throughout the trial.

It is important to emphasize that, although legal assistance is not mandatory during the criminal investigation phase for offenses with a penalty over 5 years (except in cases of detention/arrest or the subjective assessment of the judicial body), the suspect/defendant always has the right to hire a lawyer of their choice at any stage of the criminal process. It is highly recommended to do so, especially before giving any statements in the case.