The lawyer

Romanian society needs a strong justice, credible and transparent, this being achieved by all
those who contribute to the achievement of them - judges, lawyers, clerks, lawyers, notaries, bailiffs,
prosecutors, police officers - which will politics is decisive together, of course, the harmonization of all
the interests that bind to those involved in court to enforce a true and strong.
Modern society has seen substantial development in all areas of life. Even contentious issues
have gained a high degree of difficulty of a particular complexity.
Studying the phenomenon, finding ways and means of resolving disputes may put potential
litigant in the face of facts which they will cope in the absence of continuous training, adequate to the
new demands of society. Many times you know you're right, but it is not recognized and who must, for
lack power to convince the right to establish the truth through specific means and methods.
Therefore, a modern judiciary - of the type that tend and we - will not be achieved (in addition
to a body of magistrates elite) without a body of lawyers in general and particularly lawyers, who are
attracted and must to contribute to the administration of justice, which involves highly professional, get
rid of the old mentalities that have held limited justice and, not least, commitment, conscience and
good faith.
At first glance we can say that for a successful law practice is needed talent, but the practice
proves that talent is the continuous improvement of existing endowments in each of us and especially
intelligence.
The exercise of the legal profession is governed by certain principles, namely:
principle of legality,
The principle of freedom and equality of all people before the law,
The principle of judicial independence, autonomy and decentralization,
principle of professional secrecy.
The knowledge and highly skilled lawyer, helps more or less procurement procedures and the
principles governing court cases, demonstration and conviction of the right lost in the general context
that the judge should respect him, at the impartiality and fair and unprejudiced an active role.
Experience has shown, however, that an exception to the rule, that in some situations, it's as
simple, though the parties had no legal training, they were able to defend their interests and even to
cooperate with the court according to the procedures in order to establish truth, judicial practice has

shown that the same processes with a high degree of difficulty and complexity can not cope than true
professionals who are lawyers.
The most important purposes of the exercise of the profession is to promote and defend the
rights, freedoms and legitimate interests of individuals and corporate lawyer obeying the first law and
the status of his profession.
In exercising their rights of defense, as recognized and guaranteed by the Constitution, by law,
required by the covenants and treaties to which Romania is a party, the lawyer has the right and
obligation to ensure by all legal and procedural, free access to justice, a fair trial, whatever the nature of
the case or the quality of the parties, without any discrimination - direct or indirect - based on gender,
sexual orientation, genetic characteristics, age, nationality, race, color, religion, political opinion, social
origin, disability, family status or responsibilities, membership or political activity.
Quality benefits rose more lawyers. Advocates activity has taken new dimensions in terms of
quality and subtlety, to the detriment of mediocrity, of formalism and linear behavior, insensitivity
logical-legal and legal aesthetic.
The lawyer has to build a legal career success, must continuously improve his personal qualities
given the evolution and dynamics of national economies, the perfect understanding of the mechanisms
of legal phenomenon, the continued development of knowledge and skills in the field communication
and interpersonal relations, flexibility and speed in current activities, discover new ways to create and
offer valuable services and consultancy, analysis and constant verification of employment, quality
strategies addressed.
The freedom and independence of the legal profession are exclusive attributes lawyer in
promoting and defending human rights, freedoms and legitimate interests of its clients under the law
and the profession of lawyer.
Duties lawyer in exercise of his profession are the statutes free exercise of the profession,
dignity, conscience, independence, probity, humanity, honor, loyalty, gentleness, moderation, tact and
sense of fraternities, which are core principles of the legal profession . The lawyer is obliged to respect
these principles in his business and private life.
Advertising forms of exercising the profession is intended to provide information to the public about
their work.
Advertising must be truthful and must observe professional secrecy and be done with dignity
and prudence. Regardless of the means of advertising used, all laudatory or comparative claims and all
indications on the identity of customers are prohibited.
The lawyer has the obligation to wear a robe before all courts, to wear a badge and hold an

identity card of a lawyer, which is identified in court, the prosecuting authorities, of authorities having
jurisdiction, the notaries and bailiffs , public administration bodies and public institutions and other
legal entities and individuals, including lawyers before, they come into contact in its activities.
Mission lawyer must be based on respect for the profession and the colleagues and the pursuit
of perfection. Advocate attitude today should be a more competitive, because in this consumer society
expects both full service competence, knowledge and professional capabilities.
The lawyer has an extremely important role in the administration of justice, ensuring and facilitating
communication between the litigants specify the appropriate level without adequate preparation and
court.
Performance qualified lawyer for his client is that he knows how to take the form of raw data,
issues, process them and produce them judge a new form, student and scientific, readily accessible and
comprehensible, making them useful, relevant and conclusive case. The utility lawyer lies in the fact
that the judge in his impartiality is based on the phrase "Give me the evidence and I will give you the
truth." The judge, is strictly limited to pretend to be proving what is required, means stipulated by law .
Advocate activity should not be regarded as a simple thing. He must help the judge to discover
the truth, sometimes very well disguised and hidden in the thicket of socio-economic realities of human
falsehood or bad faith, interposed between the litigants and law litigious issue.
On the one hand, the lawyer must know what he wants his client, respectively, as required and
give law, on the other hand, he must know and the facts that determined the nature of the dispute was
the case deducted magistrate, even if no too advantageous to his client, in order to then report on the
second relationship determined by law and conscience.
In a society based on democratic values and the rule of law, the lawyer has a vital role, playing a
vital role in defending justice, freedoms and interests of individuals and legal entities, as adviser and
advocate and representative of his client.
Advocate performs a variety of duties and obligations to the client, to the authorities and
institutions that assist or represent their client to the profession in general, to every lawyer in private
and the public.
A lawyer may not be subject in the exercise of his profession, any restrictions, pressure,
coercion or intimidation from the authorities or public institutions, natural or legal persons as freedom
and independence is guaranteed by law. But this independence may not harm the interests of his client,
the lawyer is obliged to give its legal advice and act only within the law.
As stated by Mr. Tudorel Barrels in his "Treatise university judicial psychology", the lawyer is
not only an artist endowed with an intelligence summary, but a scientist with analytical skills and, more

than that, a true professional.

The result of his work is reflected in the behavior and attitude proceedings. Since his
employment for the litigants, counsel takes "trouble" him, with feelings and emotions that must
assimilate and to align their own feelings and experiences. At the same time, between lawyer and part
arises a conflict of interest, freely accepted by that lawyer's services will be paid part -Guest - and as
payment defender must do everything so that, ultimately, his client to be repaired or recovered as lost
or violated by the act of judging.
Relations between lawyer and client is based on honesty, fairness, honesty, loyalty and, not
least, on confidentiality.
The lawyer has the obligation of professional secrecy concerning any aspect of the case entrusted to
him.
Professional secrecy covers all information or data of any kind, in any form and in any medium,
provided the lawyer by the client in order to provide legal assistance in connection with the customer
has requested confidentiality, as well as any documents drawn up by a lawyer, containing or is based on
information or data provided by the customer in order to provide legal assistance and whose privacy
was requested by the client.
To ensure secrecy, the lawyer has the duty to oppose to searching the residence, professional
headquarters main, secondary and work desk, as well as body search, with respect to acts or works of
professional at places mentioned above or on it. The lawyer is obliged to oppose and collecting the
documents and goods consisting of acts and professional nature.
Legal assistance is granted attorney in writing or verbally, by writing or providing customer - by
any means - legal opinions and information on a certain issue date for resolution by drafting contracts,
conventions, statutes and other legal acts and by assisting the client in negotiations on this.
The lawyer must do everything (due diligence - means) to win because using only legal means at its
disposal.
There are times when litigants hide the truth and put that through services counsel of his choice
and justice to obtain a right not due to him, hence the need for the lawyer to insist on knowledge of
reality, requiring the ability to self-knowledge and intelligent use of rational, but also emotional.
The lawyer must reveal the untruth expressed as truth by his client, or pursue a truth expressed
unconvincing, as well, to know how to listen to customers, but to convince, down from its level of
certain situations, possible or impossible without entering into polemics or scholarly theories hold,
potentially not understand.

The lawyer will know how to enter into privacy issues knead it on the client and find the most
suitable and convincing answers. Adapting their behavior to the client; the lawyer must be balanced
behavior under the control of self-knowledge, that kind of behavior must be manifested and relative to
other parts of the process - pass.
Advocate should not leave the impression that win the customer, when in reality, this will not
happen because that lawyer's reputation will have much to suffer in such cases. If the lawyer will
explain the part, depending on the evidence presented, it is possible to lose or to be upheld in part his
claims, he will be motivated both to the client and to their own conscience, because anticipation
solution is risky alike for individuals and for prestige lawyer.
Avoiding unpleasant moments, negative emotional states may be done by resorting to communication,
to explain his client's certain situations or certain aspects of the impulsive temper when some starts inadequate, to direct.
On the other hand, the lawyer is obliged to show good faith in everything he does for his client
not to betray its interests and even secrets that you knew from stories party, even after the process is
finished or during process whatever reasons
The lawyer is - simultaneously - craftsman and artist.
The artisan insofar uses a set of methods and technical means for his business, and artist is from the
point of view of creation, the composition of pleadings, what can be regarded literary, species of the
genus rhetoric aimed at convince the judge on the case in question.
As a man of science - the science of law is the main concern of the lawyer as an artisan - His
lawyer is absolutely necessary vocation, but also as an artist, is required, or simply must have talent,
that is, the skill, the ease of make faster, better than another can do the same.
The attitude should be a rigorous lawyer regarding any information provided in a given case, each party
should scrutinize to establish the truth.
The customer sees a small judge advocate without portfolio, a real savior who can help him
overcome the difficult moment is; in him all hope and even puts faith; Advocate should not disappoint
him nor to create the impression that everything is solved, especially since any judgment involves
evidence, evidence, belief, or to give the impression his client that knows the magistrate and will be
able to intervene sharing of facilities This approach is extremely harmful / dangerous for a lawyer.
Advocate personality, created thus more will suffer sooner or later, his behavior in court and even
outside the courts defining its personality and prestige.
The relationship created between lawyer and client is confidential and a certain intimacy. The trial
phase begins with the application to the competent court, the defender side, often accompanied by the

necessary customer.
The lawyer must acquire those virtues is a set of qualities, skills and attitudes that define the
structure of intellectual and moral character of the scientist. It must have:
1. Ability to argue and build the foundation of a process;
imagination and resourcefulness to find new arguments and - where needed - to change the whole
aspect of the process;
2. Synthetic spirit - to emphasize part of the process;
3. critically - in order to combat the arguments of opponents, and not least, a developer
psychological sense, based on a rich baggage of knowledge of psychology of the offender, the victim, a
man in general - needed to determine or understand certain reactions of the audience.
In court lawyer assisting or representing the client should adopt a gender specific behavior
under procedural control, order and discipline characterized contributes to the solemnity of the hearing.
In this phase behavior of the lawyer and the party defended meets the opponent, can and his lawyer,
can see and feel, it is speculated and enliven the adversarial principle when there are emotions and
stress activated for each side and defender. The importance of the interests pursued by litigants stresses
and sometimes worsens moods of those involved.
Phase debates hearings sometimes raise issues, and judges, but also lawyers, defenders of the
parties, since it is generated and experience a negative emotional states that triggers a tendency that
when the interrogation of the defendant, witness, injured party lawyer of a party, usually at the party, to
interrupt, to comment aggressive, threatening or offending attitude totally inappropriate and totally
non-procedural to a lawyer who consider themselves professional attitude that does nothing to
discrediting those involved in the eyes of those who chose to serve justice.
Credibility Advocate increase and it will enjoy respect from individuals but also from the
magistrate if you combine the argument based on the law, legal logic, using the evidence we have at
hand in question whether defending a criminal an injured party, a claimant or one defendant and finally
the truth in an objective and not biased, not traumatize him in some way. It is a true professional and
enjoy a real prestige.
Lawyers pleading a case has the right and must become emotionally involved contested issues
in relation to the part he defends, but only for as vested without exceeding this limit.
Supporting the case to the judge not to be aggressive and any analysis must be addressed rule and fight
for truth must be given between ideas and the weapon used to argument, supported by the strength of
evidence to be explained by the most appropriate means oratory of respecting its commitments to
customers and therefore the judge who is the judicial authority.

Behaviour lawyer in exercise of his profession should be governed by the seriousness, dignity
and fairness. The presentation in court attire lawyer, how to address the position during oral
submissions are details related to the person and reputation of the lawyer and which are important in
shaping the solemnity of the meeting and "kept" administration of justice. The presence of the lawyer
must inspire trust, command respect and be a model for others, both in the profession and beyond.
By his turn in front of the court litigants go through many emotions but when his lawyer his
pleading, his emotional state levels peak, waiting for the lawyer everything: persuasion, tact,
implication emotional dedication to the judge to be convinced that he is right and not his opponent.
If the lawyer will infer on the evidence in the file, it will not be able to get what his client
claims, it is wise to tell it from the beginning that what he demands is impossible or that can be
achieved partly entire defense following to rely on the understanding of the real situation.
A lawyer who has talent will know how to defend a case in which his client loses not only the
wins, and especially must push just as convincing when it knows it will lose as and when it is
convinced that it will win because, but only in respect to the truth, as it recognizes that his opponent
was better and, by chance in the battle of truth belonged proceedings.
Art defender consists in to help clarify the facts that his client lost it with a false representation
of truth, building on and accepting the solution that fully lost.
Arguments lawyer who maintains his innocence of his client, a villain-class and which can
receive the maximum penalty, or capital, must take into account the respect for truth and protection of
moral values and social life, as rights of the defense not be taken / denied to any person regardless of
seriousness which it is accused, under a judgment true, correct.
Lawyers know that the work they perform is such liberal in the service and protection of the
idea of truth and justice for which they must adopt a student's behavior and live up to the noble mission
they have to accomplish.
To denigrate the work of a fellow lawyer outside the courtroom, to show defects, its failures to
highlights, indirectly, your qualities, is more than despicable. Let us not forget that every individual has
his personality and the principle of natural selection applies to all areas of life, so there is no need to be
wealthy to make use of practices inadequate an intellectual - a lawyer, at the beginning or in the middle
professional maturity.
And the rise of a lawyer's professional success depends on many factors that must be a balance
and permanent. not finally, grace, ability to solve unexpected situations with ease and skill and to
conduct all business with pleasure.
Justice through a winding road, stressed by procedural interests sharp, thus subjecting the judge

to unreasonable and varied context in which lawyers must operate with professionalism and dedication,
organization and self-discipline.
The lawyer, first, you must realize what stage professional is, how much experience has
compared it to choose actions and even customers, because the practice is known to sometimes more
difficult than their actions are themselves clients. To retrieve a file, the lawyer should not be excited to
ignore the unexpected may occur during the process and take into account the possible failure to be
able to predict or to have ready at hand some ways, paths, and Possible evidence in order to
demonstrate the truth of otherwise unrecognized by side.
If the account of the client that your chances of winning are questioned, yet wishes or side
insists to defend him, the lawyer must seek the psychotherapy legal for his client intended to prepare
for the trial It will be lost or won, perhaps only partially.
To understand the cause and could make a picture of the facts, but also the future client,
emotional states thereof, the attorney must show a lot of patience because the Customer stories might
be incoherent and disorderly, but You should not interrupt him, if you can not, or very rarely.
Finally future device can use different types of questions in order to achieve a strategic defense
plan, which will require theoretical and practical investigations. And it will be able to identify
sequences of facts that require explanations, interpretations.
During the talks began, and the discussions of the hearings, the lawyer must not criticize other
hand, even if a known pre-trial or during trial, because that enters a resonance common emotional part
that defends and can lose its authority and credibility, in my view and in the view of the party
(customer) Advocate appears that a person who is liable for the fee received, to win the process, no
matter what. Unfortunately this mentality, I met very often, and is still present in the mentality of many
citizens who use the services of a lawyer.
The lawyer must adapt their working style to the culture of those involved - the parties, the
customer. Expressions or words, specialty or less used in common language should be explained
succinctly explained, translated, whereas sometimes defended the level of knowledge of those who
listen or embarrass him.
Keeping achieved success and reputation is not a simple thing, but instead is a battle and a
continuing struggle, which involves training and self-improvement.
To avoid failure ,, lawyer must select bids for power, skills and qualities they feel they have, and
the causes for which they assume responsibility to carry out successfully using just the minimum effort
but maximum intelligence, based on the belief that her client will win.
The need to establish the truth, in direct line with the desire to do justice client must have the

professional skills of Advocate correspondent and mutual good faith. Bad faith of one party exceeds the
legal assistance normality and principles needed to establish the truth.
Advocate must have regard to the principle of relativity and take into account that there may be
unforeseen circumstances, that will challenge the initial conviction, from baseline known and will
create emotions both him and the party he defends, but it must mobilize and to do everything possible
and legal to overcome the deadlock that entered new information collecting, deepening those known
and try to produce additional evidence.
Using this strategy the lawyer will be able to find the necessary evidence and arguments most
suitable, so the difficulty has been overcome to be favorable. The conclusions must be supported by
clear and convincing. A dignified behavior, as a pleading self-control, simple, calm and warm are ten
times more efficient and more valuable than agitated behavior, with a plea noisy, annoying, advertising.
Lawyers are obliged to permanently update their professional training, maintaining and
diversifying knowledge in the areas in which they practice. Continuing professional education involves
broadening the knowledge and competencies in new areas of law, the broadening of knowledge in
procedures and laws applied in the European Union, as well as acquiring the certification of continuous
professional standards consistent with training of lawyers from other Member States of the Union
European and specialization required by the diversification and extension of the law in relation
to the evolution of social relations - economic contemporary.
All professional institutions and bodies which operate under their authority are obliged to
ensure necessary conditions for the professional development of the lawyers in the professional fields
of specialized lawyers opt for. Specifically the obligation and European Community law, adoption and
implementation of ethics and professional standards in the field.

Tamas Szora Gabriel