How much does a lawyer cost in Romania?

What a lawyer costs and what the fee depends on

There’s no single price for “a lawyer”, because no two cases are alike. In Romania the fee is freely negotiated between lawyer and client, within the law and the Statute of the legal profession (art. 128(1) of the Statute, in Romanian), and it’s set according to the difficulty, scope and duration of the case (art. 127(2)). In practice, I look at:

• how much time it needs: how many documents to read and draft, how many hearings, whether there is an appeal;
• how complex the problem is: challenging a single enforcement act is one thing, a dispute with expert reports and witnesses is another;
• what is at stake: the value of the claim, a property right, a job, a company;
• whether experts are needed (accounting, technical, valuation) and how urgent it is;
• your situation, as far as the law allows me to take it into account (art. 127(3)).

The National Union of Romanian Bars adopts a schedule of minimum fees as a recommendation (art. 30(3) and art. 65(v) of Law no. 51/1995, in Romanian); above that, the fee is freely negotiated. The profession’s rules don’t allow fees to be advertised, so this page explains the method rather than giving figures; you’ll get the figure once I’ve read your documents.

When you’ll know the amount

In our first conversation, before I start. We put it in the written legal assistance contract (art. 128(2) and (4) of the Statute), together with what it covers and what it doesn’t. You won’t discover new costs along the way: if something unexpected comes up, for instance an appeal we didn’t foresee, I’ll tell you first and we’ll decide together.

What forms the fee can take

The Statute allows four forms (art. 129(1)). In practice I use the first two:

• Fixed fee, for work with a clear scope: a challenge to enforcement, a complaint against a traffic fine, a contract, setting up or changing a company at the Trade Register Office. You know the amount from the start, however long it takes.
• Hourly fee, for ongoing advice, usually for companies, and for situations where the workload can’t be estimated at the outset. You get a breakdown of the hours worked.
• Success fee, only on top of a fixed or hourly fee, agreed in writing and tied to a specific outcome. The law prohibits making the whole fee depend on the result of the case (a quota litis agreement, art. 130).
• Monthly retainer, a form of fixed fee for companies that need a lawyer on an ongoing basis: contracts, formal demands, dealings with the Trade Register Office and with employees.

Fixed and hourly fees are due whatever the outcome (art. 129(4)), because you’re paying for the work, not for a promised result. No one can promise what a court will decide. What I can do is tell you honestly what the law says about your chances.

How much a consultation costs

A consultation has a fixed fee, which I’ll tell you when you book it. It usually lasts 50 minutes, at the office, by phone or by video call. The short chat before that, by phone or WhatsApp, is to see whether I can help and what the next steps would be. It doesn’t commit you to anything, and if the consultation fee doesn’t suit you, we don’t book it. If we go ahead with the case after the consultation, the fee for representing you is agreed separately, in the contract.

What you pay separately

On top of my fee, there are costs that go to third parties. I’ll tell you about them in advance, with an estimate:

• Court stamp duty (taxă judiciară de timbru), paid to the state for the claim filed in court. You can estimate it with the stamp duty calculator. Employment disputes are exempt.
• Expert fees, when the court orders an accounting, technical or valuation report.
• Bailiff fees (executor judecătoresc) and enforcement costs, when recovering a debt.
• Security (cauțiune), when you ask for enforcement to be suspended; it’s returned at the end, on the conditions set by law.
• Notary, registry or translation fees, when the case requires them.

Legal costs you can recover if you win

If you win, the losing party must, at your request, pay your legal costs, including the lawyer’s fee, provided you prove them with the contract and the receipt before the end of the hearings (art. 452-453 of the Code of Civil Procedure, in Romanian). The court may reduce the part it awards for the fee, giving its reasons, if it finds it clearly disproportionate to the value or complexity of the case or to the work done; the reduction only affects what the other party pays, not what you owe your lawyer (art. 451(2)). Equally, if you lose, you may be ordered to pay the other side’s costs; we talk about that before we start.

How the first conversation goes

You tell me briefly what happened and send me the documents, in English if that’s easier. I tell you whether I can help, what the next steps are, how long it may take and what it will cost, including third-party fees. If the case isn’t worth pursuing, I’ll tell you that too. Then you decide, in your own time. We sign the contract only when you’re ready.

Any dispute about a lawyer’s fee is decided by the dean of the Cluj Bar (art. 132(1) of the Statute, art. 31 of Law no. 51/1995), a safeguard that comes with every legal assistance contract.

If you want to know what to expect in your situation, write to mecall me or write to memessage me on WhatsApp.