Guidelines on lawyer's professional liability
Guidelines on lawyer's professional liability

Summary/Abstract: The lawyer's liability is based on professional duties and on the specific deontology afferent this liberal profession. In professional relationships created in the practice of the profession, the lawyer may be held disciplinary, civil or criminal liability, any of these forms of liability having an autonomous existence. If the disciplinary and criminal liability does not imply the mandatory existence of a prejudice, the civil liability presupposes the causing by the lawyer of a prejudice resulted from practicing the profession with the non-observance of the provisions of the specific legislation and of the deontological rules. In this case, civil liability is equivalent to the meaning of "professional liability", as retained de lege lata or malpractice, as retained in recent doctrine and which usually arises from non-compliance with professional duties.

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