Introduction
The legal profession occupies an essential role in the justice system and in the functioning of the rule of law. The practice of law is strictly regulated by statute and by deontological codes, both at national and European level. For example, Law no. 51/1995 provides from its very first article that the legal profession is a free and independent profession, and that the lawyer “is subject only to the law, the statute and the rules of professional ethics” and has the mission of promoting and defending human rights and freedoms[1]. In Romania, these principles are detailed in the Statute of the Legal Profession and in the Code of Deontology adopted by the National Union of Bar Associations (UNBR). Moreover, Romanian lawyers fully adopted the CCBE Code of Conduct for European Lawyers as early as 1999, this becoming also the code of conduct of the profession at national level[2]. In this normative context, the lawyer must exercise his or her role with objectivity and professionalism, complying with the ethical requirements regarding independence, confidentiality, loyalty and professional competence.
In what follows, we will examine, on the basis of official and academic sources, the role of the lawyer in society, the traits of a competent lawyer and the way in which an effective lawyer–client relationship can be built, in accordance with the deontological codes (UNBR and CCBE) and the relevant case-law. The tone is objective, with an emphasis on the norms and principles that guide this liberal profession.
The role of the lawyer in society
In a democratic society, the lawyer plays an indispensable role in defending the rights and interests of citizens and in ensuring justice. The Statute of the profession emphasises that, in a state governed by the rule of law, “the lawyer has an essential role. The lawyer is indispensable to justice and litigants and has the task of defending their rights and interests. He is both the adviser and the defender of his client.”[3]. In other words, the purpose of the lawyer is not limited to mechanically executing a mandate, but also involves a proactive component of ensuring legality and protecting human rights. The Code of Deontology of European Lawyers highlights that “in a society founded on respect for justice, the lawyer fulfils a special role”, having the duty to ensure respect for the rule of law and to act as adviser to the client, not merely as his or her spokesperson[4].
A defining aspect of the lawyer’s role is independence from any external influence. The law expressly provides that the lawyer is free from constraints and is subject only to the law and ethics[1], and the lawyer’s freedom and independence are guaranteed and protected by law[5]. This institutional and personal independence makes the lawyer a defender of justice and a necessary intermediary between the citizen and the authorities, able to represent and defend the individual’s interests before judicial or administrative bodies. In performing his or her duties, the lawyer has the obligation to act for the observance of the right of defence of any person. Both national legislation and deontological rules impose on the lawyer the duty to advocate for a fair trial accessible to all. Thus, the Statute of the profession stipulates that the lawyer must use all legal means to ensure the clients’ free access to justice and the conduct of a fair trial within a reasonable time[6]. This responsibility places the lawyer as a guarantor of the right to a fair trial, contributing to the balance between prosecution and defence and to maintaining public confidence in the administration of justice.
Lastly, the lawyer’s role involves relationships not only with the client, but also with the courts and with society. The lawyer has ethical obligations towards the client (whom he or she defends loyally), towards the court (to which the lawyer owes respect and probity) and towards the public interest (the legal profession being, in itself, a pillar of the defence of human rights in the face of state power)[7]. This complex set of multiple responsibilities – towards the client, justice, colleagues and society – defines the position of the lawyer as a trusted intermediary and participant in the administration of justice, and explains why ethical standards in the legal profession are so high.
The essential traits of a competent lawyer
A lawyer can only truly fulfil his or her role if he or she displays certain fundamental professional traits and qualities, laid down by domestic and international deontological rules. Among these are independence, moral integrity, confidentiality, loyalty and competence (diligence). Each principle will be detailed below:
Independence
The lawyer must be shielded from any illegitimate pressure or influence in his or her activity. The CCBE Code of Conduct states that the multitude of duties inherent in the profession requires absolute independence, free from any pressure, especially that arising from the lawyer’s own interests or from external influences[8]. Independence is essential for the lawyer to be able to advise and represent the client objectively and without fear. Legal advice given out of complaisance, self-interest or under any form of external pressure “has no value”[9] – which is precisely why the lawyer must avoid any impairment of his or her independence and must not sacrifice ethical principles in order to please anyone (whether client, judge or third parties)[8][10]. At the same time, deontology emphasises that the lawyer’s independence must never be used to the detriment of the client’s interests: professional freedom comes with the responsibility to guide the client only within the limits of the law and ethics, even if this sometimes requires tempering the client’s expectations or desires that are not in accordance with the law[11].
Integrity and professional honour
The relationship between lawyer and client must be based on trust, and trust cannot exist without moral integrity on the part of the lawyer. The Code of Deontology states that “relationships of confidence can only exist if there is no doubt with regard to the personal honour, honesty and integrity of the lawyer”, these traditional virtues being genuine professional obligations for the lawyer[12]. In other words, the lawyer must show honesty, dignity, fairness and an irreproachable reputation, both in professional activity and in society. These requirements also appear in the Statute of the profession, which lists honour and probity among the essential principles of the legal profession[13]. A competent lawyer will never mislead the client, the court or colleagues; he or she will exercise the profession conscientiously and with respect for the truth, because any deviation from integrity seriously undermines trust – the most valuable asset of the legal profession.
Confidentiality
The lawyer’s professional secrecy is sacrosanct and represents the cornerstone of the lawyer–client relationship. Both national and European rules enshrine confidentiality as a fundamental principle, and as both a right and a primary duty of the lawyer[14]. By the very nature of his or her mission, the lawyer is the repository of the client’s secrets and the recipient of the client’s confidential information, and “without the guarantee of confidentiality, there can be no trust”[14]. Consequently, the maintenance of professional secrecy is not only an ethical obligation, but also a mandatory legal requirement: the Statute expressly provides that “professional secrecy is of public order”, and the lawyer is bound not to disclose, under any circumstances, the confidential aspects of the case entrusted to him or her[15].
The importance of confidentiality has also been underlined by international courts. The European Court of Human Rights held in Michaud v. France (2012) that lawyers have been entrusted with a fundamental role – that of defending rights in a democratic society – and that “lawyers cannot carry out this essential task if they cannot guarantee to those they are defending that their exchanges will remain confidential”. What is at stake is the “relationship of trust” between lawyer and client, which is essential for the performance of the defence mission[16]. In its case-law, the ECtHR has established that this lawyer–client confidentiality, also referred to as “legal professional privilege”, enjoys special protection under Article 8 of the Convention (the right to respect for private life and the secrecy of correspondence)[17]. Furthermore, the Constitutional Court of Romania has also held that domestic procedural rules must ensure the protection of professional secrecy precisely “so as not to undermine the fairness of the proceedings”, respect for confidentiality being the condition without which the lawyer’s function as defender “could not be exercised effectively”[18]. In other words, absolute confidentiality vis-à-vis the client is the conditio sine qua non of trust and an inviolable shield of the lawyer–client relationship – which is why breach of professional secrecy is considered a serious disciplinary offence and even a criminal offence in certain situations.
Loyalty to the client
The lawyer has a duty to act loyally and faithfully in relation to his or her client’s interests. The code of conduct explicitly provides that, subject to compliance with the law and ethics, “the lawyer is bound to defend the client’s interests to the best of his abilities, even in relation to his own interests or those of his colleagues”[19]. This prioritisation of the client’s interests gives expression to the principle of loyalty: the lawyer must place the client’s welfare above any personal or collegial advantage.
Loyalty is also manifested by the strict avoidance of conflicts of interest. The lawyer is prohibited from representing two or more clients in the same case if there is a conflict of interest between them or even a mere risk that such a conflict might arise[20]. Likewise, once he or she has accepted a case, the lawyer cannot subsequently take on a new client if that would jeopardise the secrecy of information entrusted by a former client or would grant the new client an unfair advantage by using what is known from the former client[21]. In practice, loyalty also means that the lawyer must not abandon the client’s case when the client needs him or her, except in the circumstances permitted by law and ethics (for example, if the client does not meet his financial obligations or if the client asks the lawyer to break the law, in which case withdrawal becomes possible, but only with care not to prejudice the client, ensuring that the client has the opportunity to retain another defence lawyer[22]). Loyalty also extends beyond the end of the mandate: the duty to maintain confidentiality and not to prejudice the former client remains in force, as evidence of the continuing fidelity the lawyer owes to those whom he or she has represented.
Professional competence and diligence
A competent lawyer is one who has solid professional training, experience and the necessary legal skills to serve the client, and who carries out his or her work conscientiously and carefully. The standard of diligence imposed by the deontological codes requires the lawyer to advise and represent the client “promptly, conscientiously and diligently”, and to assume personal responsibility for the mandate entrusted[23]. This means that the lawyer must make every reasonable effort to obtain the best possible outcome in the client’s case, be responsive and react in a timely manner to developments in the case. Carelessness or unjustified delay may constitute breaches of the duty of diligence.
At the same time, competence also implies awareness of one’s own limits: the code provides that the lawyer “shall not accept a case if he knows or should know that he does not possess the necessary competence” to handle it, unless he cooperates with a lawyer who has that competence[24]. Thus, a competent lawyer will refuse mandates for which he or she is not prepared or which fall outside his or her field of practice, recommending an appropriate specialist to the client, where appropriate.
Continuing professional development is also part of the lawyer’s duties – legislation and practice evolve, and a diligent lawyer will attend training courses and stay up-to-date with legislative and case-law developments, thereby maintaining his or her competence at a high level. Lastly, diligence and conscientiousness are reflected in communication with the client: the lawyer must explain the legal situation in terms the client can understand, provide realistic forecasts and keep the client informed on a regular basis about how the case is progressing, so that the client benefits from legal assistance at the highest professional standard[23].
The lawyer–client relationship and building an effective collaboration
The relationship between lawyer and client is contractual, professional, but also personal, based on mutual trust and open communication. To be effective, this relationship must be built from the outset on solid foundations expressly stipulated by deontological rules. The Statute of the profession provides that “the relations between the lawyer and his clients shall be based on honesty, probity, fairness, sincerity, loyalty and confidentiality”[25]. In other words, the client must know that his or her lawyer will act honestly and fairly, will tell the truth even when the news is not favourable and will never betray confidences.
Trust is the central element of the lawyer–client collaboration. It is gained and maintained through strict respect for confidentiality, through loyalty and through the integrity of the lawyer’s conduct. Any hesitation on the part of the client in sharing full information with the lawyer – for fear that it might be disclosed or used improperly – undermines the effectiveness of the defence. For this reason, European rules state that maintaining the “relationship of trust and loyalty with clients” is a condition for exercising the legal profession, being considered an essential guarantee of the integrity of the relationship between lawyers and their clients[26].
In practice, the lawyer must assure the client, from the very beginning, that everything disclosed remains between them – professional secrecy being absolute. This assurance, combined with the lawyer’s actual behaviour (not disclosing or using the client’s information for any other purpose), creates a safe space in which the client can communicate openly. And, as shown above, the “relationship of trust” thus formed is essential not only for effective collaboration, but also for the very realisation of the right of defence and of a fair trial[27].
Effective communication is another pillar of the lawyer–client relationship. The lawyer has a professional obligation to keep the client informed and to consult him or her at every important stage of the case. The code of deontology provides that the lawyer “informs the client about the progress of the case” entrusted to him or her[23], which means that there must be periodic, clear and prompt communication. The client has the right to know his or her legal situation – to know what documents have been filed, what hearings are upcoming, which legal strategies are being adopted and why. A good practice is that, after each hearing or after any important procedural event, the lawyer explains to the client what happened and what the next steps are.
Active listening to the client is also vital: an effective lawyer takes the time to understand in depth the client’s objectives, concerns and version of the facts in order to adapt the legal strategy to the client’s real needs. Empathy and patience in dealing with the client help build a bond of trust, without compromising professional objectivity.
Setting clear expectations and the framework of the collaboration from the very beginning is likewise essential. The law requires the conclusion of a legal assistance contract between lawyer and client, an instrument that defines the rights and obligations of each party[25]. In this contract (and in preliminary discussions), the fee, the services included, the method of communication and any other specific conditions will be established. The lawyer has the duty to draft these clauses in a transparent and fair manner so that the client knows exactly what to expect.
The CCBE emphasises that the lawyer must inform the client about the fees applied, and that the remuneration must be fair and justified in accordance with the law and professional standards[28]. Open communication about financial aspects and about the possible limits of representation (for example, the approximate duration of the proceedings, procedural risks, the real chances of success) prevents misunderstandings and strengthens the client’s trust. A well-informed client will appreciate the lawyer’s honesty even if the message is not always optimistic – it is better to have realistic expectations from the outset than unrealistic promises followed by disappointment.
Respect for deontology in the relationship with the client also means that the lawyer honours the undertakings made towards the client throughout the collaboration. The lawyer must show promptness and reasonable availability: respond to the client’s calls or messages within an appropriate time and pay attention to the client’s questions and concerns. If conflicts or difficulties arise in the relationship, the lawyer has a duty to manage them with tact and sincerity, possibly with the mediation of the professional bodies if necessary, rather than allowing misunderstandings to escalate.
Continuity of representation is also important: the code of deontology prohibits the lawyer from withdrawing from a case in a manner or at a time that would leave the client without defence and cause prejudice[22]. If the lawyer nevertheless has to withdraw (for legitimate reasons, such as a conflict of interest arising during the case, non-payment of the fee by the client, irreparable breakdown of the relationship of trust, or serious personal problems of the lawyer), he or she must do so with sufficient notice and, ideally, assist the client in transitioning to a new lawyer so that the client’s interests do not suffer. All these measures ensure that the lawyer–client relationship remains professional and effective until the end, even in difficult situations.
In conclusion, an effective lawyer–client relationship is built on trust, communication and mutual respect, fostered through strict compliance with the duties of confidentiality, loyalty, independence and professional competence. These principles are not mere theoretical abstractions; they have concrete consequences on the quality of the act of justice: a client who has full trust in his or her lawyer will provide all relevant information and follow the legal advice given, enabling the lawyer to exercise the mandate at maximum capacity; in turn, the lawyer who conscientiously fulfils his or her deontological duties will provide effective representation and contribute to the realisation of fair justice.
Conclusion
The role of the lawyer – that of defender of rights and intermediary in the administration of justice – comes with the highest ethical standards. A competent and responsible lawyer must be independent, of integrity, loyal and diligent, placing the client’s legitimate interests above all else and respecting professional secrecy in all circumstances. These traits, enshrined in the Code of Deontology of Romanian and European lawyers, are not merely ideals, but concrete obligations, the breach of which entails disciplinary sanctions and erodes public confidence in the profession.
At the same time, the lawyer–client relationship should be seen as a partnership of trust, based on honesty and effective communication. Only in a climate of absolute confidentiality and mutual respect can the lawyer properly fulfil his or her mission as defender. The importance of this partnership of trust goes beyond the individual framework of each case – it has a systemic dimension, for justice as a whole. The European Court of Human Rights has emphasised that protecting the confidentiality of the lawyer–client relationship and the inherent trust in that relationship is directly linked to respect for the right to a fair trial for every person[29]. In other words, compliance with the lawyer’s deontology (independence from any interference, preservation of professional secrecy, avoidance of conflicts of interest, thorough professional training and care for the client) benefits not only the individual client, but also society as a whole, as it guarantees that the administration of justice takes place with due respect for rights and the necessary trust.
In conclusion, the lawyer is more than a mere provider of legal services: he or she is an indispensable participant in the administration of justice and a guardian of rights and freedoms. To honour this role, the lawyer must combine legal knowledge with irreproachable ethics, and the relationship with the client must be treated as a responsibility of trust. Only in this way can high-quality legal assistance, effective collaboration with the client and, ultimately, the proper administration of justice be ensured, to the benefit of all.
Bibliography
Law no. 51/1995 (republished); Statute of the Legal Profession (UNBR); Code of Deontology of Lawyers (CCBE and UNBR); Resolution of the Congress of Lawyers 1999; Code of Criminal Procedure (Art. 139^4); Constitutional Court Decision no. 583/2023; Michaud v. France (ECtHR, 2012); ECtHR guides and factsheets on legal professional privilege; specialist works and legal doctrine articles on legal deontology. [30][3][4][6][8][9][12][14][16][18][19][20][24][23][25][26][27][28][22][17][29][2]
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