Lawyers’ fees in Romania are freely negotiated between lawyer and client within the framework of Law no. 51/1995 governing the profession. The cost of a criminal defence depends on the complexity of the case, its procedural stage, the investigating authority, whether police, an ordinary prosecutor’s office, DNA, DIICOT or EPPO, and the agreed fee structure, such as a fixed, hourly or stage-based fee.
What affects the fee?
Several factors have a significant bearing on criminal defence fees:
- The complexity of the facts and evidence. Accounting expert reports, intercepted communications and international requests for legal assistance require substantially more work than a straightforward case.
- The investigating authority. DNA, DIICOT and EPPO proceedings often involve greater complexity and higher stakes.
- The procedural stage. Representation from the first hearings involves a different workload from taking over a case at trial or preparing an appeal.
- The number of hearings and the estimated length of the proceedings.
Common fee structures
Criminal defence lawyers generally use one or a combination of the following arrangements:
- Fixed fee. An agreed amount for a defined service, such as representation at a hearing or drafting a complaint.
- Hourly fee. Calculated by reference to the time actually spent on the case.
- Fee for each procedural stage. A sum agreed for the investigation, preliminary chamber, first-instance trial or appeal.
In criminal proceedings, a success fee may be agreed only in connection with the civil aspect of the case, under Article 129(7) of the Statute of the Legal Profession. It cannot be charged for obtaining an acquittal or another outcome on criminal liability.
What should the legal services agreement contain?
The engagement should be set out in a written legal services agreement specifying the services covered, how fees are calculated and paid, and expenses not included, such as court fees, expert reports and travel. Clear terms at the outset help avoid misunderstandings and make costs more predictable.
A specialist or a general practitioner?
In a case with real criminal exposure, particularly one handled by DNA, DIICOT or EPPO, experience of the particular type of offence can make the difference between a defence prepared during the investigation and a hurried, reactive strategy. The cost should be considered against what is at stake, including liberty, assets and professional reputation, not only the amount invoiced.
This is general information. No specific fee amounts are given because the cost depends substantially on the case. Arrange a discussion for an assessment of the work your defence would require.