Disloyal legal assistance and representation

Legal defence in cases involving disloyal assistance and representation

Disloyal assistance and representation (Article 284 of the Criminal Code) concerns a lawyer or representative who, in judicial or notarial proceedings and in fraudulent collusion with a person having opposing interests in the same case, harms the client’s or represented person’s interests. The penalty is 3 months to one year’s imprisonment or a fine. The same sanction applies to fraudulent collusion with a third party interested in the outcome, with the aim of harming the represented person’s interests. Criminal proceedings begin on a prior complaint. An unfavourable outcome or professional error does not automatically establish such collusion.

Statutory elements and defence strategies

We check the engagement, interests represented, fraudulent agreement and connection to judicial or notarial proceedings. An unsuccessful strategy, lack of communication or fee dispute does not automatically amount to the offence.
Messages, procedural documents and contacts with the opposing party or third party must be examined for each statutory variant. The provision applies to representatives as well as lawyers. Independent assistance helps assess the evidence and prior-complaint deadline and distinguish criminal liability from civil or disciplinary liability.

Urgent legal assistance in Romania

Within Vrancea’s legal system, accusations of disloyal assistance may arise in high-stakes disputes where parties’ dissatisfaction with judicial outcomes is groundlessly directed against legal representatives. The Law Office of Lawyer Basuc Cosmin provides specialist legal assistance to lawyers or legal advisers facing such accusations, protecting their professional reputation and liberty. We provide representation before criminal prosecution bodies, rigorously analyse the lawfulness and ethics of all actions taken and provide a firm defence before competent district courts or the competent tribunals, seeking to demonstrate good faith and professionalism in carrying out your engagement.