UNBR: The right to defense cannot be compromised by identifying the lawyer with the client

Friday, June 27, 2025, the National Union of Romanian Bar Associations (UNBR) issued the following statement:

The National Union of Romanian Bar Associations (UNBR) has taken note of the public reactions regarding the fact that several lawyers – including the current Minister of Justice – have provided legal defense in a criminal case involving sensitive issues, namely domestic violence.

UNBR emphasizes that the viewpoint expressed is strictly professional and institutional. It is not related to public office or political preferences and does not represent a personal endorsement. Its purpose is to uphold the principles that form the foundation of the legal profession and to protect the free exercise of this profession within the rule of law.

UNBR believes that the state has the obligation to adopt firm and coherent policies to combat domestic violence, as a real means of protecting victims and guaranteeing human dignity.

At the same time, we draw attention to the fact that stigmatizing or socially sanctioning a lawyer for the content of a legal defense presented in court runs counter to democratic values and may generate a climate of professional intimidation, which is incompatible with the free and independent practice of the legal profession.

Beyond the specific context, we find it appropriate to reaffirm an essential principle of the rule of law: every person has the right to a defense, regardless of the seriousness of the accusation. The lawyer exercises their role within a legal framework, on behalf of the client, without assuming responsibility for the client’s actions or positions.

As the European Commission has also highlighted in recent reports on justice, associating a lawyer with the deeds of their client is a dangerous trend that risks undermining the fundamental guarantees of a fair trial and affecting the proper functioning of the entire justice system.

• A lawyer is not the author of the acts under investigation and cannot be identified with the procedural position they argue.

• Their role is to ensure that any defendant benefits from legal and fair defense.

• The exercise of legal defense must not become a reason for professional discredit.

  
  

UNBR warns that such public reactions risk creating a dangerous chilling effect on lawyers, ultimately affecting citizens’ fundamental rights. In a democratic society, there can be no justice without defense, and there can be no effective defense in a climate of public pressure or fear.

We call on all institutional, media, and civic actors to avoid expressions or attitudes that may compromise the lawyer's role in the justice process and to support, through a balanced approach, the values that guarantee the proper functioning of the judicial system.

The legal profession remains committed to defending the fundamental values of the rule of law and supporting a justice system in which all parties – victims, defendants, and witnesses – benefit from real, effective, and respected rights.

Source: https://www.unbr.ro/comunicat-unbr-dreptul-la-aparare-nu-poate-fi-compromis-prin-identificarea-avocatului-cu-clientul/