Disciplinary Commission within The Cluj Bar. The lawyer cannot be sanctioned in the situation in which the criticisms addressed to the court were made in the activity of defending his client Cover Image

Comisia de disciplină din cadrul Baroului Cluj. Avocatul nu poate fi sancționat în situația în care criticile la adresa instanței au fost făcute în activitatea de apărare a clientului său
Disciplinary Commission within The Cluj Bar. The lawyer cannot be sanctioned in the situation in which the criticisms addressed to the court were made in the activity of defending his client

Author(s): Horațiu-Adrian Bodea
Subject(s): Law, Constitution, Jurisprudence, Court case
Published by: Editura Solomon
Keywords: activity of lawyers; freedom of expression; criticism of the court; sanction of lawyer; immunity of plea;

Summary/Abstract: The activity of a lawyer is governed by the freedom of expression during the trial, without fear of suffering a possible subsequent sanction. The courts cannot avoid criticism on the pronounced solutions, or on other aspects of their activity. A sanction, even a declarative one, applied to a lawyer is incompatible with the need for the lawyer to adequately defend his client. Even manifesting a certain disrespect towards the judge, the lawyer cannot be sanctioned in the situation when the criticisms were made in the activity of defending his client. The lawyer enjoys the immunity of the plea.

  • Issue Year: 2020
  • Issue No: 2
  • Page Range: 42-43
  • Page Count: 2
  • Language: Romanian