This article is for general information about Romanian law and practice and does not constitute legal advice. Any specific case should be analysed individually, together with a lawyer, based on the full case file.
1. Why lawyer fees raise so many questions
For many clients, the first concrete question in any legal problem is: “How much will this cost?” Unlike other services where you pay for a visible product, a lawyer’s work is largely intellectual and spread over time: analysis, strategy, drafting, negotiations, hearings, follow-up. The effort is not always visible from the outside, but it is essential for the outcome.
In Romania, lawyer fees are not set arbitrarily. They are regulated by law and by the internal rules of the profession, and must be agreed transparently by means of a written contract between the lawyer and the client. The fee reflects not only time, but also responsibility, professional risk, experience and the importance of the interests at stake.
To understand what you are paying for, it is useful to know the basic rules governing fees, which types of fees exist and how they are calculated in practice.
2. Legal framework: who sets the rules on fees?
In Romania, the legal profession is regulated mainly by:
- Law no. 51/1995 on the organisation and practice of the legal profession, which sets out the general framework for the activity of lawyers.
- The Statute of the Legal Profession, adopted by the National Union of Romanian Bar Associations (UNBR), which details how the provisions of the law are applied in practice (including the rules on fees and the types of fees that can be agreed).
- The Code of Civil Procedure, which governs how lawyer fees are treated as legal costs in court (what can be recovered from the opposing party and under what conditions).
These acts can be consulted on the official Romanian legislation portal, on the website of the National Union of Romanian Bar Associations (UNBR) and on the websites of local bars, such as the Bucharest Bar.
Some ideas that are important for clients:
- The lawyer–client relationship is based on a written contract. The legal assistance contract must be concluded in writing and must show, among other things, the type of fee, its amount or method of calculation, and the services covered by that fee.
- The fee is agreed freely, within the limits of the law and the Statute. There are no state-imposed tariffs for private legal assistance. However, the Statute sets criteria for determining fees (complexity, time, stakes, etc.) and prohibits certain forms of fee agreements.
- The legal assistance contract is, by law, an enforceable title. This means that, under certain conditions, the lawyer can enforce the contract if the fee remains unpaid, without first having to bring a separate lawsuit on the merits of the claim.
3. Types of lawyer fees in Romania (explained for non-lawyers)
3.1. Hourly fee: payment for the time effectively worked
With an hourly fee, the lawyer and client agree a certain amount per hour of work. The lawyer records the time spent on the case (analysis, drafting, research, hearings, meetings, calls, e-mails), and the fee is calculated based on the total number of hours.
When it is used: particularly in complex or long-running cases, where it is difficult to estimate at the outset how much work will be needed (for example, multi-year litigation, major investigations, or extensive advisory projects).
Advantages for the client:
- flexibility – the fee follows the actual amount of work done;
- transparency – the lawyer can provide timesheets showing how time was spent;
- adaptability – if the case becomes simpler than expected, the total fee may be lower than an initially estimated lump sum.
Things to bear in mind: the final cost is not a fixed amount, but an estimate. It depends on how the case evolves and on factors that sometimes cannot be controlled (number of hearings, volume of documents, behaviour of the other party, delays in the system).
3.2. Fixed or lump-sum fee: predictability for a clearly defined service
A fixed (lump-sum) fee is a single amount agreed for a specific service or package of services. For example:
- drafting a criminal complaint;
- representation in first instance in a civil case, up to the first judgment;
- drafting a legal opinion or memorandum on a specific issue;
- a due diligence exercise in a transaction.
Advantages for the client: the budget is clear from the outset, which makes planning much easier. The client knows, “For this amount, my lawyer will do X, Y and Z.”
Important: the fee is due for the work carried out, regardless of the outcome of the case. The lawyer’s obligation is to act diligently and competently, not to guarantee a particular solution.
3.3. Success fee: when the result plays a role
A success fee is an additional amount that depends on reaching a specific result agreed in advance. It can be:
- a fixed amount payable if a certain result is obtained (for example, if a claim is admitted, if a measure is lifted, if a dispute is settled); or
- a percentage of the benefit obtained, of the amount recovered or of the amount by which a claim is reduced.
Romanian rules allow success fees, but with important limits:
- a success fee must always be complementary to a basic fee (hourly or fixed). A fee that depends only on the outcome (classic “no win, no fee” where the lawyer is paid solely out of what is obtained) is generally prohibited and is considered a quota litis pact;
- in criminal cases, success fees generally relate to the civil side (damages, compensation), not to the criminal outcome itself. The lawyer cannot “sell acquittals”.
For the client, a combined structure (base fee + success fee) can align interests: the lawyer is remunerated for the work done, and the success component rewards efficiency or the achievement of a particularly favourable result.
3.4. Combined fee structures (very common in practice)
In many mandates, lawyers and clients agree on a combination of fees. Some typical models:
- Hourly fee + capped amount for a certain stage, so that the total does not exceed a ceiling except in exceptional situations agreed in advance.
- Fixed fee per stage + success fee if a particular outcome is achieved (for example, a fixed fee for defence in first instance, plus a success fee if the claim is fully dismissed or if a certain limit of damages is not exceeded).
- Retainer (periodic fee) for ongoing assistance (for example, in commercial matters), which covers a certain volume of work per month, with preferential hourly rates for additional hours.
The advantage of a combined structure is that it can be adapted to the specifics of the case and to the client’s budget and expectations.
4. How a “fair” fee is calculated (criteria used in practice)
The Statute of the Legal Profession lists several criteria that must be taken into account when setting the fee. Translated into everyday language, a lawyer will look in particular at:
- Complexity of the case – factual complexity (number of parties, number of documents, type of evidence) and legal complexity (new or controversial issues, interaction between several legal areas – criminal, tax, administrative, corporate, etc.).
- Value and importance of the interests at stake – the higher the economic stakes or the more serious the potential consequences (for example, loss of freedom, loss of a business, risk of insolvency), the more responsibility the lawyer assumes.
- Time required and expected duration – difference between a simple, short-term mandate and multi-year litigation with several levels of jurisdiction and multiple procedural incidents.
- Urgency and time pressure – extremely short deadlines (for example, precautionary measures, pre-trial detention hearings, appeals with very tight time limits) require prioritising that case over others and redistributing the lawyer’s time.
- Volume of work outside hearings – research, strategy, internal meetings, correspondence, negotiations, drafting.
- Lawyer’s experience and specialisation – a lawyer with solid experience or recognised expertise in a particular niche (for example, cybercrime, tax fraud, complex administrative litigation) will generally charge higher fees than a beginner.
- Need to involve other professionals – accountants, tax experts, IT specialists, technical experts, translators, notaries. Their work is paid separately, but the lawyer coordinates the overall strategy.
These criteria are not theory; they are the basis on which lawyers build their fee proposals. A client has every right to ask, in simple terms, “What makes up this fee?” and to receive a clear explanation.
5. What the client pays vs. what the court can award as legal costs
It is important to distinguish between two different levels:
- Fee agreed between the lawyer and the client.
This is a matter of contract. The fee is due under the legal assistance contract, within the limits of the law and the Statute. If the client does not pay, the lawyer can use legal means to recover the debt. - Legal costs in court (including lawyer fees) that can be claimed from the opposing party.
At the end of a lawsuit, the winning party can request the court to order the opposing party to pay legal costs. These may include court fees, expert fees and lawyer fees, but within certain limits and subject to proof.
Under the Code of Civil Procedure, the court can decide to reduce legal costs that are manifestly disproportionate to the complexity or value of the case and to the work actually done. This also applies to lawyer fees. In practice, this means that:
- even if the client has agreed a certain fee with the lawyer and pays it, the court may only order the other party to reimburse part of that amount;
- to maximise the chances of recovering fees from the opposing party, it is important to file supporting documents (contract, invoices, proof of payment) and, where relevant, to show the complexity of the case and the work performed.
The rules on legal costs can be consulted in the Code of Civil Procedure, which is available on the official legislation portal and in annotated versions published by legal publishers and professional sites.
6. “Minimum fees” and why they are indicative only
The National Union of Romanian Bar Associations periodically approves an indicative guide of minimum fees. Its purpose is to offer a reference point for practice and to protect the dignity of the profession, preventing fees that are unreasonably low in relation to the work and responsibility involved.
For clients, it is important to know that:
- this guide is indicative, not mandatory – it is not a tariff schedule imposed on all lawyers;
- fees may be higher or lower than the indicative levels, depending on the specifics of the case and the agreement between the lawyer and the client;
- the guide can be an additional benchmark for understanding the order of magnitude of standard services.
The most recent versions of the indicative guide and the decisions that update it can be consulted on the UNBR website and on the websites of local bars.
7. VAT, invoices and payment methods
For many clients, it is not entirely clear how VAT applies to lawyer fees and why some invoices mention VAT while others do not. In simplified terms:
- depending on turnover and tax regime, a lawyer (or law firm) may be a VAT payer or not a VAT payer under Romanian fiscal law;
- if the lawyer is a VAT payer, fees are generally subject to VAT at the standard rate laid down in the Fiscal Code (unless a special regime applies). In this case, the contract and the offer should clearly state whether the amounts are “VAT included” or “plus VAT”;
- if the lawyer is not a VAT payer, invoices will not include VAT, but the client should still receive a proper invoice or receipt, according to fiscal requirements.
For an accurate picture of the tax regime applicable in a particular case, it is always advisable to check the current Fiscal Code or to discuss with a tax advisor or accountant. The Romanian tax administration (ANAF) publishes up-to-date information and guides on its website.
8. Frequently asked questions about lawyer fees
1) Can we agree that the lawyer is paid only if we win?
As a general rule, no. A fee that is exclusively and entirely dependent on the outcome of the case (classic “no win, no fee”, where the lawyer receives only a percentage of what is obtained) is usually considered a prohibited quota litis pact under the rules of the profession.
What is permitted is a success fee that complements a basic fee (hourly or fixed). For example: a fixed fee for handling the case, plus an additional percentage if a certain amount is recovered or if a certain result is achieved. In criminal cases, success fees relate to the civil side (damages), not to the criminal outcome itself.
2) Why do I have to pay for analysis and drafting, even if we lose?
Because the lawyer’s work – analysis, strategy, drafting, representation – is real work carried out in your interest, regardless of the outcome. The legal system does not guarantee success; it guarantees access to justice and respect for rights and procedure. The lawyer can commit to doing everything that is professionally possible, but cannot promise a result that depends on factors beyond their control (judge, evidence, behaviour of the other party, legal context).
3) If we win, will the other party always be ordered to pay all my lawyer fees?
Not necessarily. The court may order the opposing party to reimburse reasonable costs, taking into account the complexity and value of the case, the work done and the evidence submitted. In some situations, only part of the fee may be recovered. That is why it is important to discuss from the start with your lawyer both the fee structure and realistic expectations regarding legal costs.
4) Can I challenge the lawyer fee if I consider it unfair?
Disputes between lawyer and client over the fee can be brought before the governing bodies of the Bar (for example, the Dean or the Bar Council), which can examine whether the rules of the profession have been respected. The procedure is regulated by the Statute and by internal regulations of the Bar. In addition, like any contract, the legal assistance contract can be subject to control by the courts under general civil law, if there are serious grounds.
5) Are there official tariffs for private lawyers?
No state body sets tariffs for the services of private lawyers. The only “lists” are the indicative guides of minimum fees adopted by UNBR, which are recommendations for the profession, not mandatory price lists for the public. These guides are public and can be consulted on the UNBR website.
9. Practical tips for clients when discussing fees with a lawyer
- Ask for a clear written offer. Before signing, ask the lawyer to explain what type of fee they propose (hourly, fixed, success + base fee, combined), what services are included and which are not, and what the estimated budget is for each stage.
- Clarify the stages of the case. For example: criminal investigation, preliminary chamber, trial in first instance, appeal, second appeal. A clear contract should specify for which stages the fee applies and what happens if the case continues beyond those stages.
- Discuss expenses separately from the fee. Court fees, expert fees, translations, travel and other disbursements should be clearly separated from the lawyer’s fee. This helps both with internal budgeting and with recovering legal costs in court.
- Ask about VAT and invoicing. Check whether the lawyer is a VAT payer and whether the amounts are expressed with or without VAT. Clarify how and when invoices will be issued and what payment methods are accepted.
- Talk openly about constraints and expectations. If you have a limited budget or strict internal rules (for example, as a company), say so from the beginning. A transparent discussion can lead to a fee structure adapted to your situation.
- Keep contracts and invoices. They are not just accounting documents, but also evidence that may be useful if legal costs are claimed in court or if any dispute arises later.
10. Conclusion: the fee as part of a professional partnership
In the Romanian system, the lawyer’s fee is not a simple “price”, but the monetary expression of a professional partnership based on trust, confidentiality and responsibility. The law and the Statute give both parties a clear framework: written contracts, transparent criteria for setting fees, protection against abusive practices and mechanisms for resolving disputes.
For clients, the key is to ask questions and seek clarity from the start: what does the fee cover, how is it calculated, what is the approximate budget by stages, what are the risks and what can reasonably be expected in terms of recovering legal costs. A well-structured, transparent fee agreement is often the first step towards an effective and long-term lawyer–client relationship.