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Bulgarian Bar Act, part 1
Last update: 2008-08-21 02:41:34
Chapter One
GENERAL DISPOSITIONS
Article 1. This Act shall provide for the acquisition and loss of the right to practice law, the exercise and organisation of the legal profession, as well as the establishment and termination of law firms.
Article 2. (1) The exercise of the legal profession as an activity envisaged in the Constitution shall consist in the provision of legal assistance and the protection of freedoms, rights and legal interests of individuals and legal entities. It shall be implemented in compliance with the principles of independence, exclusivity, self-governance and self-sustainability.
(2) In the exercise of their profession, attorneys-at-law shall be guided by the legal interests of their clients, which they shall be obligated to protect in the best possible way, within the legal means available to them.
Article 3. (1) The legal profession may only be exercised by an attorney-at-law, practising alone or as a member of a partnership, as hereinafter provided for.
(2) An attorney-at-law may only be an individual who has taken oath and is inscribed in the register of the Bar Association.
Chapter Two
ACQUISITION OF THE RIGHT TO PRACTICE LAW
Article 4. (1) Any capacitated Bulgarian national may become an attorney-at-law, provided he or she satisfies to the following conditions:
1. have a higher degree in law;
2. have competency to practice law;
3. have at least two years of legal service record;
4. have successfully taken the exam, as provided for in this Act, except for cases falling under Article 6, Paragraph 3;
5. exhibit the required ethical and professional qualities to exercise the legal profession.
(2) An individual who has acceded to legal competency but does not have two years of legal service record, may exercise as junior attorney-at-law, in compliance with the provisions of this Act.
Article 5. (1) An attorney-at-law may not be:
1. an individual sentenced as adult to imprisonment for a public-prosecution criminal offence of intent;
2. an incapacitated individual or an individual suffering from mental illness, which constitutes a lasting obstacle to the exercise of the legal profession.
(2) An individual may not be inscribed as a lawyer, where he or she:
1. is a merchant, manager of a commercial company or executive director of a joint stock company;
2. is a civil servant;
3. is employed in a labour legal relationship, unless he or she is a teacher of legal sciences in a higher educational school or a research worker in legal sciences at a scientific institution;
4. (amended, SG No. 43/2005, effective 1.09.2005) has been removed from the office of judge, prosecutor or investigator under Article 129, Paragraph 3, Item 5 of the Constitution or has been dismissed for disciplinary reasons from the office of recordation judge, public enforcement agent, legal counsel or police investigator, unless two years have elapsed from the date of removal from office;
5. (supplemented, SG No. 43/2005, effective 1.09.2005) has been deprived of competency as notary-public or private enforcement agent - for the duration of said deprivation.
(3) Individuals under Paragraph 1 may file applications for inscription even before the obstacles under Paragraph 2 have disappeared, but the inscription will take place after said obstacles have disappeared.
(4) Members of Parliament, teachers of legal sciences in higher educational schools and research workers in legal sciences at scientific institutions shall be inscribed and exercise the legal profession without resigning from office or position.
Article 6. (1) A candidate attorney shall file an application with the Bar Council for admission to the Bar Association, attaching the required documentation thereto.
(2) The Bar Council shall verify the existence of prerequisite conditions for the acquisition of the right to exercise law and within a month from the submission of application shall rule in a reasoned decision on the inscription. Failure to rule within the prescribed period shall have the effect of a tacit refusal.
(3) Candidates holding an educational and scientific degree of "doctor in laws", as well as individuals who have a legal service record of more than 5 years shall be inscribed without sitting for an examination. These individuals shall file an application for inscription with the Bar Association.
Article 7. (1) Decisions of the Bar Council under Article 6, Paragraph 2 shall be notified in writing to the candidate and the Control Board of the Bar Association.
(2) A decision or tacit refusal may be appealed by the candidate and the Control Boards, acting through the Bar Council, before the Supreme Bar Council, within 14 days of notification or expiry of the period under Article 6, Paragraph 2.
(3) An appeal shall be referred by the Bar Council to the Supreme Bar Council within 3 days of its submission.
(4) The Supreme Bar Council shall examine the appeal on the merits and shall rule in a decision within one month of its submission. Failure to rule within the prescribed period shall have the effect of a tacit refusal.
(5) A decision or tacit refusal of the Supreme Bar Council shall be subject to appeal by the candidate and the Supreme Control Board, within 14 days of receipt of a notification or expiry of the period under Paragraph 4, before the Supreme Court of Cassation.
(6) The appeal shall be filed through the Supreme Bar Council, which shall, within three days, refer the whole file to the Supreme Court of Cassation.
(7) The Supreme Court of Cassation shall examine the appeal, sitting in a panel of three, at a public hearing, to which the candidate and a representative of the Supreme Bar Council shall be summoned and shall rule in a decision, which shall be final.
Article 8. (1) The exam under Article 4, Paragraph 1, Item 4 shall take place in two sessions within each year, before a commission, as appointed in an order of the Chairperson of the Supreme Bar Council, composed of: five members who are attorneys-at-law, of which at least two are habilitated teachers or scientific workers in legal sciences. The Chairperson of the Commission shall be a representative of the Supreme Bar Council.
(2) The examination procedure shall be specified in an ordinance of the Supreme Bar Council.
(3) The examination shall have a written and an oral section, marked "pass" or "fail".
Article 9. (1) Those who are successful at the examination and the individuals under Article 6, Paragraph 3 shall be inscribed, after taking the following oath: "I hereby take oath to discharge my duties of attorney-at-law in good faith, in compliance with the Constitution, the statutes of the Republic of Bulgaria and ethics, to be at the level of required professional trust and respect and, through my conduct in the exercise of the legal profession and in the community, exhibit respect for the court and government bodies, to protect within all admissible legal means the rights and legal interests of my mandators and clients and not reveal their secrets. I have taken oath."
(2) Candidates take oath on the occasion of a solemn session and sign a declaration to this effect.
(3) Within 14 days following oath, attorneys-at-law shall be inscribed in the register of the Bar Association and in the Single Register of Attorneys-at-Law kept by the Supreme Bar Council.
(4) Within 14 days following inscription under Paragraph 3, the Bar Council shall issue each attorney-at-law a card, following a model approved in a decision of the Supreme Bar Council.
(5) The attorney card shall be subject to annual certification.
(6) A refusal of inscription of issuance of an attorney card shall be subject to appeal in pursuance of Article 7
Chapter Three
FOREIGN COUNTRY ATTORNEYS-AT-LAW
Article 10. (Effective 1.01.2007) (1) A foreign country national who has competency to practice law in accordance with the legislation of his or her own country, may appeal before judicial bodies of the Republic of Bulgaria as defence-counsel or mandatory of a national of his or her own country, acting on a specific case, together with a Bulgarian attorney-at-law, in cases where this has been envisaged in an agreement between the Bulgarian and the respective foreign state, or on the basis of mutuality, making a preliminary request to this effect to the Chairperson of the Supreme Bar Council.
(2) Countries, in respect of which mutuality exists, shall be designated by the Minister of Justice, upon request of the Chairperson of the Supreme Bar Council.
(3) A foreign country lawyer shall file an application with the Chairperson of the Supreme Bar Council, specifying the name of the person he or she shall represent, the case-file number and the body of the judiciary before which he or she shall represent said person, the name of the Bulgarian attorney-at-law, whom he or she will appear together with, attaching a certificate of competency to exercise the legal profession in accordance with the law of his or her own country, issued no more than three months before.
(4) The Chairperson of the Supreme Bar Council shall rule in a reasoned decision, within 7 days of submission of the application.
(5) A decision refusing to admit the applicant as defence counsel or mandatory of his or her compatriot before a body of the judiciary, may be appealed within 14 days of becoming thereof aware, before the Supreme Court of Cassation.
Article 11. (Amended and supplemented, SG No. 10/2006, effective from the date of entry into force of the Treaty of Accession of the Republic of Bulgaria to the European Union) A national of a European Union member-state who has acquired competency as attorney-at-law in accordance with its legislation, may exercise the legal profession on the territory of the Republic of Bulgaria through assistance and protection provision in specific cases or through a lasting establishment on the territory of the Republic of Bulgaria.
Article 12. (Effective from the date of entry into force of the Treaty of Accession of the Republic of Bulgaria to the European Union) (1) (Amended and supplemented, SG No. 10/2006) In the provision assistance and protection in specific cases, a foreign country attorney-at-law shall be placed on equal footage with Bulgarian attorneys-at-law and shall be obligated to use the same name in which he or she exercises the legal profession in the state where he or she has acquired attorney-at-law competency.
(2) (Amended, SG No. 10/2006) For the purposes of representation before a body of the judiciary a foreign country attorney-at-law shall be obligated to certify possession of attorney-at-law and process competency in the state where such competency has been acquired. A certificate shall be issued following presentation of evidence of said competency pursuant to Article 10 and the indication of an address and a representative for the service of process and summons on the territory of the Republic of Bulgaria.
(3) (Supplemented, SG No. 10/2006) Where under Bulgarian law procedural representation is mandatorily provided by an attorney-at-law, the foreign country attorney-at-law may only take action of procedural representation together with a Bulgarian attorney-at-law. In cases when minimum legal service record is required for conducting process representation before a court, the foreign country attorney-at-law shall evidence possession of such record of service.
(4) Any foreign country attorney-at-law shall be represented before professional law firms in Bulgaria by a Bulgarian attorney-at-law of his or her free choice.
(5) A foreign country attorney-at-law may use an office on the territory of the Republic of Bulgaria. In this hypothesis he or she shall be obligated to notify the Supreme Bar Council.
Article 13. (Effective from the date of entry into force of the Treaty of Accession of the Republic of Bulgaria to the European Union, amended, SG No. 10/2006) (1) A foreign country attorney-at-law may have a lasting establishment on the territory of the Republic of Bulgaria in order to exercise the attorney-at-law activities under the name used in the state where attorney-at-law competency has been acquired, after inscription in the Single Register of Foreign Country Attorneys-at-Law.
(2) A candidate for inscription under Paragraph 1 shall file an application with the Supreme Bar Council, to which the following shall be attached:
1. a document evidencing the acquisition of attorney-at-law competency in the respective member-state of the European Union;
2. (repealed, SG No. 10/2006);
3. written consent from a Bulgarian lawyer to accompany the candidate in case the latter will perform procedural representation.
(3) The Supreme Bar Council shall rule on the application in a reasoned decision.
(4) A decision of the Supreme Bar Council, whereby inscription in the Single Register of Foreign Country Attorneys-at-Law is refused, shall be subject to appeal pursuant to Article 7, Paragraphs 4 - 7.
(5) The Supreme Bar Council shall effect the inscription in the Single Register of Foreign Country Attorneys-at-Law exercising the legal profession under the name used in the country where attorney-at-law competency has been acquired, on the territory of the respective Bar Association, within 14 days of entry into force of the decision for inscription.
(6) Within the period under Paragraph 5 the Supreme Bar Council shall notify the competent body of the country where attorney-at-law competency has been acquired, of the inscription effected in respect of the foreign country attorney-at-law in the Single Register of Foreign Country Attorneys-at-Law.
Article 14. (Amended, SG No. 10/2006, effective from the date of entry into force of the Treaty of Accession of the Republic of Bulgaria to the European Union) A foreign country attorney-at-law, practising under the name used in the country where attorney-at-law competency has been acquired and entered on the Single Register of Foreign Country Attorneys-at-Law may proceed at operations of representation of clients and defendants and protection of their rights and lawful interests before bodies of the judiciary, administrative bodies and services.
Article 15. (Supplemented, SG No. 10/2006, effective from the date of entry into force of the Treaty of Accession of the Republic of Bulgaria to the European Union) Following registration in the Single Register of Foreign Country Attorneys-at-Law, three years of actual and uninterrupted exercise of the legal profession under the name used in the country where attorney-at-law competency has been acquired, or following an equivalence examination, a foreign country attorney-at-law shall have the right to apply for inscription at a Bar Association in the Republic of Bulgaria. Inscription at a Bar Association shall confer upon a foreign country attorney-at-law the rights of a Bulgarian attorney-at-law.
Article 16. (Effective from the date of entry into force of the Treaty of Accession of the Republic of Bulgaria to the European Union Amended, SG No. 10/2006) For the purposes of inscription with a Bar Association in the Republic of Bulgaria a foreign country attorney-at-law shall submit an application, to which the following documents shall be attached:
1. evidence of attorney-at-law competency acquired in the respective country, issued not more than three months before;
2. (repealed, SG No. 10/2006);
3. a document evidencing a successful equalisation examination in Bulgarian law or documents evidencing a three-year exercise of the legal profession on the territory of the Republic of Bulgaria.
Article 17. (effective from the date of entry into force of the Treaty of Accession of the Republic of Bulgaria to the European Union, amended, SG No. 10/2006) (1) For the purposes of inscription on the basis of three-year exercise of the legal profession on the territory of the Republic of Bulgaria a foreign country attorney-at-law shall submit to the Bar Council of the association to which he or she applies evidence of the number and types of cases on which he or she has worked in the field of Bulgarian law.
(2) The Bar Council shall verify the actual exercise of legal profession and where necessary may require from the foreign country attorney-at-law additional written or oral depositions or clarifications, subject to the requirements for confidentiality of information.
(3) (Repealed, SG No. 10/2006).
(4) Upon issuance of the decision for inscription at the Bar Association, the foreign country attorney-at-law concerned shall take oath pursuant to Article 9, Paragraph 2 and the Bar Council shall make the inscription, sending a copy to the Supreme Bar Council for inscription in the Single Register of Attorneys-at-Law.
(5) Within 14 days of inscription of a foreign country attorney-at-law in the Single Register of Attorneys-at-Law the Supreme Bar Council shall notify the competent body of the country where attorney-at-law competency has been acquired of the inscription made.
(6) For the purposes of inscription on the basis of an equalisation examination in Bulgarian law, a foreign country attorney-at-law shall submit documents evidencing his or her scores, as issued by the Commission under Article 18.
Article 18. (Effective from the date of entry into force of the Treaty of Accession of the Republic of Bulgaria to the European Union) (1) (Amended and supplemented, SG No. 10/2006) A foreign country attorney-at-law who has a diploma of higher studies in law acquired by virtue of the legislation of a European Union member-state at the outcome of training, required under the law of the said member-state and has acquired qualification under the same, shall have the right to sit for an equalisation examination in Bulgarian law.
(2) The purpose of the examination shall be to verify the knowledge of the foreign country attorney-at-law in the field of Bulgarian law.
(3) The equalisation examination in Bulgarian law shall be taken before a Commission of the following composition: a Chairperson who is the Chairperson of the Supreme Bar Council or a member of the Supreme Bar Council designated by him or her and the following Commission member, i.e. a judge from the Supreme Court of Cassation, a judge from the Supreme Administrative Court, a prosecutor from the Supreme Prosecution Office of Cassation and a habilitated teacher or research worker in legal sciences. Commission members shall be appointed by order of the Chairperson of the Supreme Bar Council.
(4) The equalisation examination shall take place in the Bulgarian language, having a written and an oral section. The examination shall be marked "pass" or "fail".
(5) For the purposes of taking an equalisation examination a fee shall be paid at the amount determined by decision of the Supreme Bar Council.
(6) An application for taking an equalisation examination in the Bulgarian law shall be filed with the Commission through the Supreme Bar Council and the following documents shall be attached thereto:
1. a copy of a legalised translation of an identity document;
2. a copy of a legalised translation of a diploma or certificate of completed higher studies in law;
3. a copy and legalised translation of a document certifying the existence of attorney-at-law competency in the country where it has been acquired;
4. a motivation letter in the Bulgarian language;
5. a document evidencing the payment of examination fees.
Article 19. (Effective from the date of entry into force of the Treaty of Accession of the Republic of Bulgaria to the European Union, amended, SG No. 10/2006) (1) A provisional or final withdrawal of a competency document from a foreign country attorney-at-law by a competent body in the country where he or she has acquired attorney-at-law competency shall automatically result in the withdrawal of the rights from the foreign country attorney-at-law to exercise the legal profession in the Republic of Bulgaria.
(2) (Supplemented, SG No. 10/2006) A foreign country attorney-at-law, rendering assistance and protection in a specific case, shall be obligated to submit, on an annual basis until the month of March, an updated document, certifying his capacity of "attorney-at-law" in the country where attorney-at-law competency has been acquired.
Article 19a. (New, SG No. 10/2006, effective from the date of entry into force of the Treaty of Accession of the Republic of Bulgaria to the European Union) (1) When conducting representation before a body of the judiciary, the foreign country attorney-at-law shall be obliged to prove possession of process qualification, obtained in the respective country.
(2) The foreign country attorney-at-law, registered in a bar, shall conduct representation of clients and defendants and protection of their rights and lawful interests before bodies of the judiciary, administrative bodies and services in the Bulgarian language.
Chapter Four
JUNIOR ATTORNEY-AT-LAW AND ATTORNEY-AT-LAW ASSISTANT
Article 20. (1) A lawyer who has competency and a legal service record of less than two years, who meets the requirements of Article 4, Paragraph 1, Items 1, 2, 4, and 5, in respect of whom no obstacles under Article 5 exist, may be inscribed as a junior attorney-at-law on the basis of a decision of a Bar Council.
(2) A candidate junior attorney-at-law shall file an application pursuant to Article 6, Paragraphs 1 and 2 with a Bar Council, attaching the relevant documentation thereto.
(3) A decision for or tacit refusal of inscription shall be subject to appeal pursuant to the procedure of Article 7.
(4) A junior attorney-at-law shall take oath pursuant to Article 9, Paragraphs 1 and 2.
(5) A junior attorney-at-law shall have the rights and obligations of an attorney-at-law, subject to the limitations set out in this Act.
(6) A junior attorney-at-law may represent and defend the parties to cases in regional courts but also, as regards the same cases, in district courts, whereas, acting together with another attorney-at-law - he or she may also act with regard to first-instance cases in the district courts.
(7) A register of junior attorney-at-law shall be established at Bar Councils.
(8) Following inscription in the register under Paragraph 7 and in the Single Register of Junior Attorneys-at-Law at the Supreme Bar Council, a junior attorney-at-law shall be issued a card.
(9) After the expiry of two years a junior attorney-at-law shall acquire the rights of an attorney-at-law, unless any of the obstacles under Article 5 have arisen, and he or she shall also be issued an attorney-at-law card.
Article 21. (1) Assistants appointed through labour contracts by attorneys-at-law and law firms shall have the right of access to case-files and records, instituted by bodies of the judiciary and the administrative authorities, in respect of which their employers have been authorised to represent the interests of clients. They shall be able to take notes about the files and require obtaining copies from documents and evidence adduced in the case-files.
(2) Attorney-at-law assistants shall be inscribed in a special register at the respective Bar Council. The inscription shall be made upon application of the attorney-at-law or law firm filed with the Bar Council. Following inscription the respective Bar Council shall issue a card to the attorney-at-law assistants.
(3) Bodies of the judiciary and the administrative authorities shall be obligated to provide assistance to attorney-at-law assistants in the discharge of their duties, upon presentation of a card under Paragraph 2.
(4) Attorney-at-law assistants shall not have the right to sub-authorise any third parties with their rights under this Act.
Chapter Five
DELETION OF INSCRIPTION AND SUSPENSION OF EXERCISE
OF THE LEGAL PROFESSION
Article 22. (1) An attorney-at-law shall be deleted from the Bar Council:
1. upon his or her request;
2. in presence or upon the occurrence of a circumstance, which constitutes an obstacle within the meaning of Article 5;
3. upon deprivation of the right to exercise the legal profession under Article 133, Paragraph 1, Items 4 and 5;
4. upon legal incapacitation;
5. upon decease.
(2) In cases falling under Item 2 deletion shall occur by virtue of a decision of the respective Bar Council, following the collection of evidence and a hearing of the attorney-at-law concerned.
(3) A decision for deletion under Paragraph 1, Items 2 - 4 shall be subject to appeal pursuant to Article 7.
Article 23. (1) (Amended, SG No. 43/2005) An attorney-at-law shall suspend the exercise of the legal profession, when he or she is elected to a position, which is incompatible with the exercise of the legal profession, as well as in the event of illness or on account of any other valid reason. In the event of suspension of the exercise of the legal profession, an attorney-at-law shall pay his or her contributions to the respective Bar Council and to the Supreme Bar Council, except in the event of suspension due to illness.
(2) A suspension in the exercise of the legal profession, as well as renewal, shall be inscribed in the Register at the Bar Council and in the Single Register of Attorneys-at-Law, based on an application of the attorney-at-law concerned.
Chapter Six
EXERCISE OF THE LEGAL PROFESSION
Article 24. (1) The exercise of the legal profession shall include:
1. oral or written consultations and opinions on legal issues;
2. drafting of all types of papers - petitions, complaints, applications, appeals, etc., in relation to the assignment made by the client;
3. representation of mandators and clients and protection of their rights and legal interests before bodies of the judiciary, administrative authorities and services, as well as before individuals and legal entities.
(2) The parties may be represented and defended before the Supreme Court of Cassation and the Supreme Administrative Court by attorney-at-law who have at least 5 years of legal service record.
Article 25. (1) An attorney-at-law shall represent his or her client on the basis of written power of attorney.
(2) Authorisation before court may also be effected orally, on the occasion of a court hearing. Authorisation in such cases shall be inscribed in the minutes of the court hearing.
(3) On the basis of an oral authorisation an attorney-at-law shall be able to take urgent action, where this is required for the protection of the rights and legal interests of the client. Such action needs to be ratified in writing by the authorising party.
(4) An attorney-at-law shall have the right to sub-authorise another attorney-at-law with the rights under the initial power of attorney, with consent from the client.
(5) An attorney-at-law shall have the right to certify copies of the power of attorney issued to him or her.
Article 26. (1) A client may at any point in time withdraw the authorisation given to the attorney-at-law.
(2) In the event of unjustified withdrawal of authorisation, an attorney-at-law shall have the right to receive the full amount of his or her remuneration, and in the event of well-founded withdrawal, remuneration shall only be payable
Chapter Seven
QUALIFICATIONS
Article 27. Attorneys-at-law shall be obligated to maintain and develop their qualifications.
Article 28. (1) In order to maintain and develop the qualifications of attorneys-at-law the Supreme Bar Council shall set up an Attorney-at-law Training Centre.
(2) The structure, operations, other terms, training programmes and funding shall be regulated in an Ordinance of the Supreme Bar Council.
Chapter Eight
ATTORNEY-AT-LAW RIGHTS
Article 29. (1) Before court, pre-trial bodies, administrative authorities and other services inside the country attorneys-at-law shall be placed on equal footing with judges, in terms of respect, and assistance shall be provided to them as to a judge.
(2) Where an attorney-at-law, on the occasion or in the course of exercising the legal profession, has not received the required level of respect or assistance, upon his or her request or of its own motion the Bar Council shall authorise a member of the association to inspect the occurrence together with a representative of the court, pre-trial body, administrative authority or service.
(3) The Bar Council shall notify in writing the manager of the court, of the pre-trial body, administrative authority or service of the occurrence and of the representative appointed to take part in the inspection. Said manager shall be obligated, within 7 days, to appoint a representative.
(4) Where no representative has been appointed within the period under Paragraph 3, the Bar Council shall only make an inspection acting through its own representative.
Article 30. (1) Based on the report from the inspection, if the Bar Council decides that guilty conduct is found, it shall make a proposal for the institution of disciplinary proceedings against the judge, prosecutor, investigator, police investigator or for the imposition of a disciplinary sanction on the respective official by the manager of the administrative authority or service.
(2) The imposition or refusal to impose a disciplinary sanction shall not be an obstacle for the attorney-at-law to seek enforcement of liability within general procedures.
Article 31. An attorney-at-law shall have free access and enjoy a privilege in obtaining information from case-files, copies of papers and data at the court, pre-trial bodies, administrative authorities and other services inside the country and wherever necessary, solely based on his or her capacity of attorney-at-law, which shall be certified through presentation of an attorney-at-law card.
Article 32. Within his or her work an attorney-at-law shall have the right to certify copies of documents that have been submitted to him or her in relation or on the occasion of defending the rights and legal interests of their clients. Before court and pre-trial bodies, as well as before all other authorities, they shall have the effect of officially certified documents.
Article 33. (1) Attorney-at-law papers, files, electronic documents, computer equipment and other carriers of information shall be inviolable and shall not be subject to inspection, copying, verification or seizure.
(2) Correspondence between an attorney-at-law and his or her client, irrespective of the manner it is maintained, including electronically, shall not be subject to inspection, verification or seizure and shall not be used as evidence.
(3) Conferences between an attorney-at-law and his or her client shall not be intercepted and recorded. Any recordings, where available, shall not be used as means of evidence and shall be subject to immediate destruction.
(4) Attorneys-at-law shall not be interrogated in their procedural capacity with regard to: their conferences and correspondence with clients; their conferences and correspondence with another attorney-at-law; the affairs of clients; facts and circumstances, of which they have become aware in relation to the provision of protection and assistance.
(5) Paragraphs 1 - 4 shall also apply in respect of junior attorneys-at-law and attorney-at-law assistants.
Article 34. (1) Attorneys-at-law shall have the right to meet their clients privately, including where the latter are held in custody or are deprived of their liberty.
(2) During meeting attorneys-at-law shall have the right to hand over and receive written material in relation to the case, the content of which shall not be subject to inspection.
(3) Conversation during meetings shall not be intercepted or recorded, however meetings may be subject to observation.
(4) During visits attorneys-at-law shall only be identified through their attorney-at-law card.
Article 35. (1) A defence counsel shall not be able to withdraw from a case of defence assumed by him or her, unless it becomes impossible for him or her to discharge their duties due to reasons beyond their influence. In the latter hypothesis a defence counsel shall be obligated to notify his or her client, in order to allow such client to make arrangements for their defence.
(2) A mandatory shall be able to withdraw from a case of defence he or she has assumed on account of valid reasons, notifying the mandator to this effect.
(3) Where the conditions under Paragraph 2 are met, a mandatory shall not be obligated to return any remuneration he or she has received.
(4) Where judicial proceedings are terminated due to the fault of the attorney-at-law, without any possibility for proceedings to continue before court, another body or arbitration, an attorney-at-law shell be obligated to return the remuneration received, irrespective of any other consequences.
(5) Where a voluntary settlement of a dispute is made or a case is terminated by settlement, reconciliation or agreement between the parties, the remuneration paid shall not be returned.
Article 36. (1) Attorneys-at-law shall have the right to remuneration of their labour.
(2) The amount of remuneration shall be fixed in a contract between the attorney-at-law and his or her client. Said amount should be fair and justified and may not be lower than the one envisaged under the Ordinance of the Supreme Bar Council for the respective type of work.
(3) In the absence of a contract, upon request of the attorney-at-law or the client, the Bar Council shall fix the remuneration in accordance with the Ordinance of the Supreme Bar Council.
(4) Remuneration may be fixed in absolute terms and/or as a percentage of a certain interest, in view of the outcome of proceedings, with the exception of remuneration in criminal cases and in civil cases where a non-material interest is involved.
Article 37. (Amended, SG No. 59/2007) In respect of their claims arising from unrecovered remuneration and expenses, attorneys-at-law shall have the option to move for the issuance of an enforcement order under Article 410 (1) of the Code of Civil Procedure regardless of the amount of the said claims.
Article 38. (1) Attorneys-at-law may provide legal assistance and cooperation to:
1. individuals who are entitled to alimony;
2. persons in financial difficulty;
3. parents, friends or other lawyers.
(2) In cases under Paragraph 1, where in the respective proceedings the adverse party is sentenced to pay the expenses, the lawyer shall have the right to remuneration. The court shall determine the remuneration at an amount not lesser than the one envisaged in the Ordinance under Article 36, Paragraph 3 and shall sentence the other party to pay it.
Article 39. (1) Monies given by clients to be expended by the attorney-at-law may be deposited in a bank, at a client account. A client account may be opened by an attorney-at-law and by a law firm. Amounts held in a client account shall form part of the patrimony of the attorney-at-law or law firm and shall not be subject to distrait.
(2) Attorneys-at-law shall have the right to received by or from their clients the amount of their expenses, insofar these have not been covered in advance, but shall be obligated to make a report of the accounts for their clients.
(3) Sums for the following purposes may be transferred to a client account:
1. payments for expenses, state fees and taxes due by the client;
2. payment of honoraria to persons other than the attorney-at-law;
3. execution of transactions and operations on behalf and at the expense of clients, in accordance with the contract between client and attorney-at-law;
4. other purposes, as per the contract between client and attorney-at-law.
(4) A separate sub-account shall be kept in the client account for monies received by each client. t January of the year following the transfer made by a client, attorneys-at-law shall be obligated to present clients a report on the funds expended, unless their contract specifies un earlier date.
Chapter Nine
ATTORNEY-AT-LAW OBLIGATIONS
Article 40. (1) Attorneys-at-law shall be obligated to conscientiously exercise their profession and through their conduct within the exercise thereof and outside it, remain dignified and worthy of the trust and respect requisite for this profession.
(2) Attorneys-at-law shall be governed by the rules of law and shall be obligated to protect the rights and legal interests of their clients in the best possible way.
(3) Attorneys-at-law shall be obligated to accurately inform their clients of their rights and obligations.
(4) During and on the occasion of proceedings attorneys-at-law shall not employ means and techniques aiming to create unjustified obstacles, from the perspective of the law and professional attorney-at-law ethics.
(5) Attorneys-at-law shall be obligated to keep their integrity and independence in the discharge of their professional duties. They shall be obligated not to allow any impact or influence n the performance of their operations, stemming either from their personal interests or from third parties and their interests.
(6) Attorneys-at-law shall be obligated to keep an office in the populated area within the district of the respective Bar Association whose members they are. The office address shall be subject to the application for inscription at the Bar Council.
(7) Attorneys-at-law shall be obligated to appear at court hearings dressed in robes, the requirements to which shall be determined in a decision of the Supreme Bar Council.
Article 41. Attorneys-at-law shall not be able to solicit clients through the use of intermediaries.
Article 42. (1) Attorneys-at-law shall not be able to advertise their operations or use means to solicit clients, which are incompatible to the provisions of this Act and the rules of professional attorney-at-law ethics.
(2) Attorneys-at-law shall have the right to specify in which area of law they practise.
(3) Attorneys-at-law shall be able to indicate the legal organisations, of which they are members, their education and professional experience, as well as the foreign languages, of which they have command.
(4) Attorneys-at-law shall be able to keep their own website with professional information, insofar as it does not contradict the provisions of this Act and the rules of the Code of Ethics for Attorneys-at-law.
Article 43. (1) Attorneys-at-law shall not take on work, for the performance of which they are aware or should have been aware not to master the required knowledge and training.
(2) Attorneys-at-law shall not be defence counsels or mandataries in cases, with regard to which they have acted in the capacity of judges, court assessors, prosecutors, investigators, or are the spouse, relatives in a direct line of relation without limitation, in a collateral line of relation up to the fourth degree or through marriage up to the third degree, of a judge, court assessor, prosecutor or investigator in said case.
(3) Attorneys-at-law shall not represent or defend both parties to a case, nor shall they assume work in one and the same case from both parties, consecutively, unless the parties have no contradicting interests and have consented thereto. Attorneys-at-law shall not represent or defend one of the parties, either, where they have already given advice to the other party to the same case.
(4) Attorneys-at-law who are associates shall not represent or defend both parties. In criminal cases they shall not act for defendants who have contradicting interests.
(5) Representation and legal advice for related parties shall only be effected or given with their prior consent.
(6) Where they protect the interests of a legal entity, attorneys-at-law shall not allow their infringement by the opposed interests of a shareholder, company member, manager, director or anyone else, associated with the legal entity.
Article 44. (Amended, SG No. 79/2005) (1) A lawyer, who has been entered in the National Legal Aid Register, shall be obligated to provide legal aid according to the procedure established by the Legal Aid Act, where the said lawyer has been designated for this.
(2) The lawyer shall be obligated to conduct the case assigned thereto, in the matter of which he or she provides legal aid according to the procedure established by the Legal Aid Act, exercising the same care as if he were retained by the client.
Article 45. (1) Attorneys-at-law shall be obligated to keep the secrets of their clients, without limitation in time.
(2) Attorneys-at-law shall not be entitled, in their capacity of witnesses, to unveil circumstances that have been disclosed before them in their capacity of attorneys-at-law, by clients or by another attorney-at-law but of concern to a client.
Article 46. Attorneys-at-law shall not, either in person, through a man of straw or a concealed representative enters any transactions with their mandator in respect of the subject-matter of proceedings.
Article 47. (1) Attorneys-at-law shall be obligated to keep papers in relation to files in which they have acted as mandataries or defence counsels, for a period of 5 years from their termination.
(2) Attorneys-at-law shall be obligated to return the originals of documents to their clients, which had been received in relation to the work assigned to them.
Article 48. In the event of leaving the association, attorneys-at-law shall be obligated to notify in writing the Bar Council, in order to be deleted from the list, after payment of any outstanding contributions to the Bar Association or the Supreme Bar Council, as well as notify the way in which they have disposed of the performance of any obligations in cases assigned to them. Parallel to the notification, attorneys-at-law shall return their cards.
Article 49. (1) Attorneys-at-law shall be obligated on a monthly basis to pay the contributions due to the Bar Council and the Supreme Bar Council.
(2) Attorneys-at-law who have failed to discharge their obligations under Paragraph 1 applicable to the month, which precedes the election of bodies of the bar, may not take part in said elections and be elected at these bodies.
Article 50. (Effective 1.01.2005) (1) For the duration of their professional activity, attorneys-at-law shall be insured against the damages, which may occur as a result of a guilty failure to discharge their obligations. A law firm shall be obligated to insure each of its members separately.
(2) The obligatory minimum insurance coverage under insurance policies shall be fixed by the Supreme Bar Council.
(3) The Supreme Bar Council may negotiate with one or more insurance companies, on a competition basis, general conditions for the insurance of the "professional liability" risk. The general conditions negotiated shall be notified to the members of Bar Associations within 14 days of reaching an agreement thereupon.
(4) Any insurance contracts under Paragraph 1entered into by the law firms and attorneys-at-law with insurers, other than those under Paragraph 3 must ensure coverage not lesser than the one under Paragraph 2.
(5) Paragraphs 1 - 4 shall also apply to foreign country attorneys-at-law, who exercise the legal profession on grounds of Article 10 and 11, unless they substantiate they have a similar insurance contract in the country where attorney-at-law competency has been acquired.
Article 51. Attorneys-at-law shall be liable for the damages caused to clients from each and every guilty incidence of failure to discharge their obligations under this Act, the Code of Ethics for Attorneys-at-law and the Ordinances of the Supreme Bar Council.
Chapter Ten
JOINT EXERCISE OF THE LEGAL PROFESSION
Section I
Lawyer Partnerships
Article 52. (1) Attorneys-at-law and law firms can bring together their operations by virtue of a partnership contract. The rules of partnership under Article 357 - 364 Obligations and Contracts Act shall apply to relations between them, insofar the provisions of this chapter do not otherwise provide. A contract shall also specify the limits of partnership.
(2) By virtue of a partnership contract attorneys-at-law and law firms shall be associated, as inscribed in the registers of different Bar Associations.
(3) The contract shall be made in writing and registered with the Bar Council. It shall mandatorily specify one address for the associates, which shall have the effect of an address for service of process.
Article 53. (1) A contract shall have effect after its registration with the Bar Council.
(2) A refusal of the Bar Council to register a contract may be appealed before the Supreme Bar Council within 14 days of the date of session of the Bar Council where said refusal was ruled. The Supreme Bar Council shall rule on the appeal within 30 days. The decision of the Supreme Bar Council shall be subject to appeal before the Supreme Court of Cassation within one month of gaining awareness thereof, in pursuance of Article 7, Paragraph 7.
(3) In cases where the contract is made among attorneys-at-law from different Bar Associations, it shall specify the Bar Council that will proceed with its registration.
Article 54. (1) Partner attorneys-at-law shall exercise the legal profession in a way that presupposes the existence of shared clients, which shall be considered public knowledge following the registration under Article 53.
(2) In their papers each of the partner attorneys-at-law and law firms may indicate the existence of association using the words "in partnership" or "in association with", enumerating thereafter the other partner attorneys-at-law and law firms or some of them.
Article 55. Associated attorneys-at-law and law firms may not represent shared clients who have contradicting interests.
Article 56. Termination of a partnership contract, admission and resignation of attorneys-at-law or law firms shall be registered with the Bar Council.
Section II
Law Firm
Article 57. (1) Attorneys-at-law may form law firms. A law firm shall be a legal entity.
(2) A law firm cannot have any members who are not attorneys-at-law.
(3) An attorney-at-law may not be an associate of more than one law firm.
(4) A law firm and associates thereof shall not represent clients who have contradicting interests.
Article 58. A law firm shall be established by virtue of a contract between two or more attorneys-at-law. The contract shall be made in writing and set out:
1. the name of the firm;
2. the names and addresses of the offices of associate attorneys-at-law;
3. the seat and address of the firm;
4. objects;
5. the type and amount of contributions of each associate and an assessment of non-monetary contributions;
6. the manner of distributing income and expenses;
7. the manner of managing and representing the firm;
8. the conditions of admission of new associates;
9. the conditions in compliance with which associates may leave;
10. grounds for the exclusion of an associate;
11. grounds for termination of the firm;
12. the manner of liquidation of the firm.
Article 59. (1) The name of the firm shall include the words "law firm" and the names of one or more associates. All papers of the firm, including powers of attorney for the court, shall mandatorily read the names of all associates.
(2) In the name of a law firm no other words or names shall be used beside the names of the associates.
(3) Where the name indicates the name of an associate who is about to leave, it may be kept with his or her consent. Where an associate has died, the name may be kept with consent of his or her heirs.
Article 60. (1) Where associates are inscribed at one and the same Bar Association, the seat of the firm must be in the populated area within its jurisdiction.
(2) Where the associates are attorneys-at-law from different bar associations, the seat of the firm shall be determined upon agreement of all associates within the jurisdiction of one of said associations.
(3) The address of a law firm shall be within the populated area where its headquarters shall fall within the jurisdiction of the respective Bar Association. In the same populated area the office of at least one associate attorney-at-law must also be located.
(4) The law firm may open offices within the jurisdiction of other bar associations. These shall be subject to inscription in the register of law firms.
Article 61 (1) A law firm shall be inscribed at the Bar Council, in a special register, by virtue of a decision, based on an application, signed by all attorneys-at-law who have executed the Articles of Association. The Articles of Association shall be attached to the application for inscription.
(2) Where the founders are inscribed at different bar associations, they shall appoint a single Bar Council, in the register of which the firm shall be inscribed. Said Bar Council shall require the presentation of a certificate, based on the application, from the Bar Councils, in the bar associations of which founding associates are inscribed. Said certificate must be produced within 14 days of receipt of a request for its submission.
(3) The Bar Council concerned shall examine the application within a month's period from its submission and shall rule in a decision on the inscription of the firm. Failure to rule within the prescribed period shall have the effect of a tacit refusal. A refusal of the Bar Council to inscribe a firm shall be subject to appeal by each associate within 14 days of receipt of a notification, acting through the managing board appointed by virtue of the Articles of Association or through the firm manager, before the Supreme Bar Council.
(4) The Supreme Bar Council shall examine the appeal within one month, summoning the appellants to appear. The decision of the Supreme Bar Council shall be subject to appeal before the Supreme Court of Cassation within one month, in pursuance of Article 7, Paragraph 7.
Article 62. (1) A register of law firms shall be kept with district courts.
(2) A law firm shall be inscribed in the register under Paragraph 1 at the district court at the seat of said firm, on the basis of a written application of the managing board or the manager, to which the following shall be attached:
1. a copy of the Articles of Association;
2. the full names, permanent addresses and sample signatures, certified by notary-public, of the person/persons who shall represent the law firm;
3. an abstract from the register of attorneys-at-law at the respective Bar Council, concerning associate attorneys-at-law;
4. a copy of the decision of the Bar Council for the inscription of the law firm.
(3) The following circumstances shall be subject to inscription in the register under Paragraph 1:
1. data from the Articles of Association, as listed under Article 58, Paragraph 1, Items 1 - 5 and Item 12;
2. the names of the members of the managing board or the manager and of the person/persons who shall represent the firm;
3. any amendments under Items 1 and 2 that may have occurred.
(4) The decision of the court to establish a law firm shall be inscribed in the register under Paragraph 1. This is the moment whereon the firm shall start its existence as a legal entity.
(5) The actions of founders taken on behalf of the law firm prior to its inscription at the district court shall only give rise to rights and obligations in respect of the persons who took them and shall ex lege be transferred to the law firm from the moment of its coming into existence.
(6) (Amended, SG No. 59/2007) The proceedings for inscription shall take place in pursuance of Chapter Fifty-Five "Recording of Natural Persons" of the Code of Civil Procedure.
(7) Copies of the judicial decisions for establishment of the law firm, as well as for amendments in the circumstances subject to inscription, shall be submitted to the respective Bar Council and to the Supreme Bar Council, for inscription of circumstances in the registers of law firms.
(8) The register under Paragraph 1 shall be public.
Article 63 (1) A law firm may transfer its seat into another populated area, provided an associate of the law firm has his or her office there. If such populated area is within the jurisdiction of another Bar Association, the law firm shall be obligated to file an application for the inscription in the register of said Bar Association and in the register of the respective district court.
(2) The Bar Council at the new seat shall immediately notify the Supreme Bar Council which shall proceed at reflecting the transfer in the Single Register of Law Firms and the Bar Council at the former seat, which shall proceed at deleting the inscription in its register.
Article 64 A membership of a law firm shall not restrict an associate attorney-at-law to independently exercise the legal profession, unless otherwise provided for in the contract. In the latter capacity he or she shall keep all rights and obligations in accordance with the law.
Article 65. Relations between associates shall be regulated by the rules of Article 66, 67, 69, and 70, insofar the Association Bylaws do not otherwise envisage.
Article 66. (1) Each associate shall be obligated to pay to the firm the initial contribution fixed in the Articles of Association. An associate, who has not paid his or her contribution or has failed to do so within the prescribed period, shall owe the statutory interest.
(2) A non-monetary contribution made by an associate, together with its assessment effected by a licensed assessor, shall be fully described in the Articles of Association. Where a non-monetary contribution has as its object a real estate or real right over a real estate, a copy of an abstract from the contract certified by notary-public shall be submitted for inscription to the recordation office at the regional court at the location of the real estate. Ownership of the non-monetary contribution shall be transferred to the firm from the moment of its inscription in the register of the respective district court, and where a firm has already been inscribed - from the moment of inscription of the respective amendment.
(3) Each associate shall be obligated to carry out the operations assigned to him or her by the firm, in execution of the contracts for legal aid entered into by the firm, in accordance with his or her professional qualifications.
Article 67. Each associate shall have the right to:
1. take part in the management of the firm;
2. part of the profit;
3. be notified of the progress of common interest affairs;
4. inspect the papers of the firm, and
5. a liquidation share.
Article 68. (1) Participation of an associate in the firm shall terminate:
1. upon mutual consent;
2. upon decease or incapacitation;
3. upon deprivation of the right to exercise the legal profession under Article 133, Paragraph 1, Items 4 and 5;
4. upon deletion from the Bar Association;
5. upon exclusion by a decision of the General Assembly;
6. upon the service of a unilateral notification.
(2) Termination of participation shall be final, where deletion from the association is permanent. Where an associate has been deprived of the right to exercise the legal profession under Article 133, Paragraph 1, Items 4 and 5 for a fixed period or has been deleted from the association for a fixed period, termination of his or her participation in the firm shall have effect for the same duration.
(3) Upon termination of participation in a law firm, an associate or his or her heirs shall have the right to a liquidation share, corresponding to the interest in the firm's property and to a part of the profit of the firm for the year, in which the cause of membership termination has occurred.
Article 69. (1) The General Meeting shall consist of the associates and make decisions as to:
1. amendments in the Articles of Association;
2. admission and exclusion of associates and transfer of a membership interest;
3. adoption of the annual financial statement and balance-sheet required for the distribution of profits;
4. election of a manager or managing board from among associates;
5. acquisition and alienation of real estates and real rights in them;
6. additional contributions;
7. all other hypotheses provided for by law.
(2) The General Meeting shall be convened by the manager or managing board at least once a year, by 20th January, or at the request of at least one-fifth of the associates.
(3) The General Meeting shall be convened by an invitation in writing, at least 7 days before the fixed date, unless otherwise provided for in the Articles of Association. The General Meeting shall adopt decisions with the majority of associate interest. Decisions may also be adopted in absentia, where all associates have given their consent in writing.
Article 70. (1) The firm shall be managed and represented by the manager or the managing board, which shall consist of firm members elected from among the associates for a period of three years.
(2) The manager or two of the members of the managing board shall provide the day-to-day management of the firm and shall represent it, also in entering contracts for legal aid with clients.
(3) The manager and members of the managing board shall have the right to receive remuneration, which shall be determined upon distribution of the profit of the firm.
(4) The manager or the managing board shall designate the associate who shall be in charge of the performance of executed contracts for legal aid, in accordance with the qualifications and experience, the workload and abilities of said associate. For the purposes of designation the manager or managing board shall request his or her opinion.
Article 71. (1) For the purposes of defence and representation before court, the pre-trial bodies, administrative authorities and services, individuals and legal entities, the client shall authorise the firm. The firm manager shall sub-authorise one or more associates.
(2) The mandator shall have the right to chose and authorise an attorney-at-law for the purposes of procedural representation, irrespective of the fact that a contract has been entered into with the law firm.
Article 72. (1) Each associate shall be personally liable for the damages caused to the client. The firm shall be jointly liable with the associate, to the amount of contributions.
(2) The firm shall make an insurance against professional liability of its members in accordance with Article 50.
Article 73. (1) Unless otherwise provided for under the Association Bylaws, the firm shall terminate upon:
1. decision of the associates, made by majority of the interest held;
2. decision of the Bar Council, in the event of systemic violation of the law and of the Code of Ethics for Attorneys-at-law, by the firm or its members.
(2) Upon termination of the firm, pending cases and files shall be distributed among the associates, of which clients are immediately notified.
Article 74. Decisions of the General Meeting of the firm or acts of the manager or managing board may be appealed or challenged by each associate within 7 days of their adoption before the Bar Council.
Article 75. (1) Following termination of a law firm, liquidation proceedings shall be opened.
(2) Liquidation shall be made by the managing body or a person thereby appointed.
(3) Where no liquidator has been appointed under Paragraph 2, the latter shall be appointed by the District Court at the seat of the law firm.
(4) A liquidator shall be inscribed in the register kept at the District Court. He or she shall complete the current operations, collect receivables, turn property into cash and satisfy the creditors.
(5) Any property, which has remained after satisfaction of the creditors, shall be distributed among the associates.
(6) After satisfaction of the associates and distribution of the remaining property, the firm shall be deleted from the register, upon request of the liquidator.
(7) A decision for deletion from the register shall be publicised in the State Gazette and noted in the register of the respective Council of the Bar Association and in the Single Register of Law Firms.
Section III
Contracts between Attorneys-at-law and Law Firms
Article 76. An attorney-at-law or a law firm may enter contracts for cooperation with another attorney-at-law or a law firm. The contract shall regulate the performance of certain legal work or work on certain cases shall be jointly taken.
Article 77. (1) An attorney-at-law or law firm may enter written contracts with or without limitation in time with another attorney-at-law for permanent occupation in exchange of a fixed remuneration. Unless otherwise provided for in the contract, remuneration shall be payable on a monthly basis.
(2) In cases where a contract provides for the appearance before court, the authorisation of an attorney-at-law shall be made by the attorney-at-law or law firm which has entered into the contract in the first place. In this hypothesis the assignor shall make a sub-authorisation with consent from the client.
(3) Provisions concerning the mandate contract shall apply to the contract under Paragraph 1.
(4) Under any circumstances a contract under Paragraph 1 shall terminate by one-month advance notice in writing, unless otherwise therein specified.
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