Litigation Attorneys in Bulgaria
Litigation Lawyers in BulgariaUpdated on Monday 18th April 2016
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The Bulgarian Litigation Lawyers are governed by the Attorney Act promulgated in 1991 by the Bulgarian Parliament which is regulating all matters related to the achievement of the right to be an attorney but also the loss of the right of being one as well as the practice and organization of the profession of attorney in Bulgaria. The number of attorney colleges in Bulgaria and their functions are determined by the Supreme Attorney Council and it is ruled by the General Assembly the Control Council and the Disciplinary Court.
Steps to take before becoming a Bulgarian attorney
Only the lawyers entered in the registers of the Attorney College have the right of practice on the Bulgarian territory. In order to be recorded in the registers, any individual must complete certain steps such as graduating a university of law, completing the court practice established by the law and passing successfully the State examination.
After finishing the law school, the Bulgarian lawyers must complete at least one year of court practice, under the supervision of an attorney-patron (who must have at least ten years of experience in the field). The application for court practice must be accompanied by the Law degree, certificate for no previous convictions and a medical certificate and must be delivered to the Attorney Council.
Only after the first half of his term the trainee is allowed to appear, along with the patron, in cases at courts of first instance and prepare a file separately from the patron.
After the training, the applicant work during the practice is checked by a committee of three lawyers, appointed by the Attorney Council. They will deliver their conclusions, along with the conclusions of the attorney patron to the Council which will take the decision of validating the practice or not. If the training is not successful, it can be extended to a period of time no longer than six months.
The registration of the lawyers in the College is made based on an application and proofs that the above minimum conditions of being attorney have been completed. The Attorney Council will check the application and the decision it’s communicated in writing to the candidate and the Control Council of the Attorney Colleague. The decision may be appealed by Control Council or the candidate before the Supreme Attorney Council within two weeks of receipt.
If the candidate has passed all the tests and has brought evidence of his compliancy with the Attorney College, he must take an oath in front of the College and from that moment can act as a professional attorney.
Lawyer in Bulgaria
The main attorney responsibilities are preparing the documents necessary in a trial for individuals seeking defence or assistance, giving advice(in writing or by word of mouth), representing and defending clients before the institutions involved in a trial or administrative and other public offices.
According to the Attorney Law, the Bulgarian lawyers receive the same information and cooperation as the judges from the Court, or administrative and other offices. Also the same respect is owned to the lawyers as for the judge.
During the case, he/she receives full access and can make investigation regarding the cases, ask for copies of documents and get information with priority from all the involved authorities. In regular cases, the lawyers are owed remuneration for their work determined on the basis of a written contract with the client or accordance with the ordinance of the Supreme Attorney Council. When the payment is not made, the attorney may use an execution order in order to collect those. The Attorney College take decisions in cases of disputes between clients and lawyers on remuneration.
In certain case, the attorney can abandon a process but only if there is a valid reasons for this. He/she will receive a payment for the actions taken before quitting the case.
There are some limitations of the regular lawyers, for instance the representation in front of the Supreme Court of the clients cannot be performed by an attorney with less than five years of experience.
Certain individuals cannot be lawyers in Bulgaria: the individuals convicted for a crime, the former attorneys who had lost their rights of practice, the traders or the managers of a trade company, Government and any public office employees or the individuals declared insolvent.