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Bulgarian Bar Act, part 2
Last update: 2008-08-21 02:43:49
Chapter Eleven
BAR ASSOCIATION
Section I
General Provisions
Article 78. (1) Attorneys-at-law shall be members of a Bar Association.
(2) A Bar Association shall be a legal entity and shall be composed of the attorneys-at-law inscribed in its register.
(3) The Supreme Bar Council, by decision, shall determine the areas of jurisdiction and the seats of Bar Associations, as well as the manner of their transformation and dissolution.
(4) Within the jurisdiction of a single district court there shall be one Bar Association. By way of exception, upon decision of the Supreme Bar Council, within the jurisdiction of a single district court the seat of more than one Bar Associations may be appointed.
Article 79. Bar Association bodies shall be: the General Assembly, the Bar Council, the Control Board, the Disciplinary Tribunal and the Chairperson of the Bar Association.
Section II
General Assembly of the Bar Association
Article 80. (1) A General Assembly shall consist of the attorneys-at-law inscribed in the register of the Bar Association.
(2) General Assemblies shall be regular and extraordinary.
Article 81. (1) A regular General Assembly of the association shall be convened on an annual basis, on the last Saturday and Sunday of the month of January.
(2) The General Assembly shall be convened by the Bar Council, through an invitation publicised in the State Gazette, where the agenda, time and venue of the assembly shall be announced. The invitation shall be published at least one month before the date of the assembly.
(3) Following publication in the State Gazette under Paragraph 2 the agenda of the General Assembly shall mandatorily cover issues raised upon written request of at least 1/3 of the association members, made at least 20 days before the date of the General Assembly.
(4) The General Assembly shall take place where 2/3 of the association members are present in person or through authorised attorneys-at-law. In the absence of quorum the assembly shall be postponed with an hour and shall then take place irrespective of the number of members attending.
(5) Decisions shall be made with simple majority/
(6) Voting shall be in person or through an authorised attorney-at-law, inscribed at the same association. Authorised representatives must be introduced to the Bar Council as early as one day before the assembly.
(7) A single authorised attorney-at-law shall not represent more than three association members. The power of attorney shall be produced by the authorising party at the Bar Council on the day before the assembly or by the authorised representative at the time of his or her registration on the day of the assembly. The list of authorising parties and of authorised representatives shall be posted at the venue of the General Assembly.
(8) Decisions shall be made by open ballot, except for those concerning the election of Bar Association bodies.
Article 82. A regular General Assembly shall:
1. examine the report on the operations of the Bar Council for the year under report and make decision in respect of it;
2. examine the report of the Control Board;
3. examine the report of the Disciplinary Tribunal;
4. adopt a budget of the Council and of the association for the next financial year;
5. set the number of members of the Bar Council, the Control Board, the Disciplinary Tribunal and elect the Bar Council, a Chairperson of the Bar Council, the Control Board, the Disciplinary Tribunal and a Chairperson of the Disciplinary Tribunal;
6. elect delegates to take part in the General Assembly of the attorneys-at-law of the country;
7. make decisions to dispose of real estates of the Bar Association.
Article 83. (1) An extraordinary General Assembly shall be convened by decision of the Bar Council, the Control Board or at the written request of 1/3 of the association members.
(2) Where the Bar Council fails to convene an extraordinary General Assembly within 14 days of receipt of such request, it shall be mandatorily convened by the Supreme Bar Council.
(3) An extraordinary General Assembly shall be convened by the Bar Council and shall take place pursuant to the procedure of convening and holding a regular General Assembly.
Article 84. Each member of the Bar Association shall have the right to study any draft decisions and the reasons for them, the decisions and minutes of the General Assembly.
Article 85. (1) Decisions of the General Assembly may be appealed by each person who had the right to take part in voting, before the Supreme Bar Council, within 14 days.
(2) Each attorney-at-law who is a member of the same association may join the appeal and maintain it, also where its initial author decides to withdraw it.
(3) Until it rules on the appeal, the Supreme Bar Council may suspend the enforcement of decisions of the General Assembly.
Section III
Bar Council
Article 86. (1) A Bar Council shall consist of:
1. in case of associations of up to 100 attorneys-at-law - not less than five principal and two reserve members;
2. in case of associations of more than 100 attorneys-at-law - not less than seven principal and two reserve members, and in Sofia - not less than eleven principal and six reserve members.
(2) Among principal members the Chairperson of the Bar Council shall be included ex lege.
(3) Attorneys-at-law with no less than 10 years of legal service record may be elected as members of the Bar Council.
(4) Where it is not possible to elect members who meet the requirements under Paragraph 3, it shall be admissible to elect Bar Council members with at least 5 years of legal service record.
Article 87. (1) Reserve members shall take part in sessions of the Bar Council with a consultative vote.
(2) A regular member of the Bar Council who is about to leave or absent for more than three months shall be replaced, in all his or her rights, by the reserve member who has obtained the largest number of votes during election.
Article 88. (1) A regular session of the Bar Council shall be at least held once a month.
(2) Extraordinary sessions shall be convened by decision of the Bar Council or at the written request of 1/3 of the principal council members addressed to the Chairperson of the council. In cases falling under sentence one, a session shall be convened within 7 days by the Chairperson, and in the event of refusal - by the Chairperson of the Supreme Bar Council and it shall be chaired by a member of the latter.
(3) A session shall be valid where 2/3 of the members of the Bar Council are present. Decisions shall be made by majority of the principal members attending. In the event of an equal number of votes the Chairperson shall have the decisive vote.
(4) The Bar Council shall rule in decisions, which shall be announced to the Bar Association.
(5) Decisions of the Bar Council may be appealed within 14 days of the session date pursuant to Article 7.
Article 89. The Bar Council shall:
1. manage the operation of the Bar Association, convene General Assemblies and implement their decisions;
2. monitor the implementation of the budget of the Bar Association;
3. organise and conduct the examination of candidate attorneys-at-law, junior attorneys-at-law and inscribe attorneys-at-law and junior attorneys-at-law;
4. keep registers of attorneys-at-law, junior attorneys-at-law, law firms, attorney-at-law assistants and foreign country attorneys-at-law admitted to exercise the legal profession in the Republic of Bulgaria using the same name as in the country where attorney-at-law competency has been acquired;
5. protect the professional rights, honour and dignity of association members;
6. monitor the discharge of obligations of association members;
7. institute and maintain disciplinary charges against association members, appointing on an ad hoc basis a prosecutor from a list it has adopted;
8. watch for the implementation of lawyer activities by persons who are not attorneys-at-law;
9. mediate for the purpose of resolving disputes between attorneys-at-law and between attorneys-at-law and clients;
10. manage and administer the property of the Bar Association and dispose of movable property items;
11. manage and implement operations for the development of lawyer professional qualifications;
12. approve the head count plan of Bar Council officers and fix their salaries;
13. appoint commissions to assist its operations;
14. (repealed, SG No. 105/2006);
15. (amended, SG No. 79/2005) participate in the arrangement of legal aid according to the procedure established by the Legal Aid Act ;
16. convene and organise the General Assembly of the association;
17. set the amount of monthly contribution due by attorneys-at-law to the association;
18. perform other functions, as provided for by the Act;
19. register law firms and organise their inscription in the single register.
Article 90. The Secretary of the Bar Council shall:
1. manage the operations for the immediate implementation of decisions made by the Bar Council, as well as the financial and economic operations;
2. organise sessions of the Bar Council and prepare materials therefore;
3. manage and organise the work of staff officers and the auxiliary staff;
4. coordinate the operations of assistant units within the Bar Council;
5. ensure the technical and administrative support of overall Bar Association operations.
Section IV
Chairperson of the Bar Council
Article 91. (1) An attorney-at-law with at least 15 years of legal service record shall be elected as Chairperson of the Bar Council.
(2) Where there is no candidate meeting the requirement of Paragraph 1, an attorney-at-law with less than 10 years of legal service record may also be elected as Chairperson.
Article 92. The Chairperson of the Bar Council shall:
1. represent the Bar Association;
2. organise and manage the overall operations of the Bar Council;
3. convene and chair the sessions of the Bar Council;
Article 93. (1) In his/her absence the Chairperson shall be replaced by the Deputy Chairperson. The Deputy Chairperson or the secretary shall be replaced, at their choice, by members of the Bar Council.
(2) If the Chairperson leaves the Bar Council, a new Chairperson shall be elected within one month by an extraordinary General Assembly.
Section V
Control Board
Article 94. (1) The Control Board shall consist of:
1. in case of an association of up to 100 attorneys-at-law - not less than three members;
2. in case of an association of more than 100 attorneys-at-law - not less than five members.
(2) Attorneys-at-law who have at least 10 years of legal service record may be elected as members of the Control Board, and at least 15 years of legal service record - as Chairperson.
(3) Where it is impossible to elect members meeting the requirements of Paragraph 2, it shall be admissible to elect Control Board members with at least 5 years of legal service record and a Chairperson with at least 10 years of legal service record.
(4) The Control Board shall elect a Chairperson from among its members.
Article 95. (1) The Control Board shall monitor the purposeful implementation of the budget and the administration of the property of the Bar Association, on which it shall prepare and present a report before the General Assembly.
(2) The Control Board shall have the right to exercise current control and in case violations are established, it shall prepare a report to the Supreme Bar Council.
(3) Control Board members may take part in sessions of the Bar Council with a consultative vote.
Section VI
Disciplinary Tribunal
Article 96. (1) The Disciplinary Tribunal shall be composed of:
1. in case of an association of up to 100 attorneys-at-law - not less than five members;
2. in case of an association of more than 100 attorneys-at-law - not less than seven members and in Sofia - not less than nine members.
(2) Attorneys-at-law with at least 5 years of attorney-at-law service record may be elected as members of the Disciplinary Tribunal and with at least 10 years of attorney-at-law service record - as Chairperson.
Article 97. Disciplinary cases instituted against members of the Bar Association shall fall within the jurisdiction of the Disciplinary Tribunal at first instance.
Article 98. (1) The Disciplinary Tribunal shall sit in a panel composed of a Chairperson and two members. Their seniority shall be determined on the basis of the length of their attorney-at-law service record.
(2) Panels shall be permanent and shall be appointed by a decision of all the members of the Disciplinary Tribunal.
Section VII
Election of Bar Association Bodies
Article 99. The election of a Bar Council and its Chairperson, a Control Board, a Disciplinary Tribunal and its Chairperson shall be made by a regular General Assembly, voting by secret ballot with a majority of more than half of the Bar Association members present.
Article 100. (1) Members of the Bar Council and its Chairperson, of the Control Board, of the Disciplinary Tribunal and its Chairperson shall be elected for a term of three years.
(2) A member or a Chairperson of the Bar Council, the Control Board or the Disciplinary Tribunal shall not be elected for more than two consecutive terms of office within one and the same body.
Article 101. (1) The election of bodies shall be organised by an Election Commission composed of a Chairperson, two members and three reserve members. The composition of the Election Commission shall be jointly appointed by the Bar Council, the Control Board and the Disciplinary Tribunal not later than two months before the date of election.
(2) In its operations the Election Commission shall be assisted by Election Bureaus composed of three members, whose number and composition shall be determined by the Bar Council.
Article 102. (1) The Election Commission shall prepare the elections, examine any appeals received in relation to the election process, immediately ruling on these in a decision, which shall not be subject to appeal.
(2) The Election Commission shall register and announce the nominee members of Bar Association bodies and shall organise the election.
Article 103. (1) (Amended, SG No. 105/2006) Any member of the Bar Association may submit a written proposal addressed to the Election Commission for the nomination of a Chairperson of the Bar Council and the Disciplinary Tribunal and of members of the association bodies within 30 days before the date of the election.
(2) (Amended, SG No. 105/2006) Within 3 days of the expiry of the period under Paragraph 1 the Election Commission shall rule on the admissibility of the nominations received and in a decision shall announce the list of candidates in the offices of the Bar Council. Within three days any association member may appeal said decision before the Supreme Bar Council. The Supreme Bar Council shall rule a judgement within three days from receipt of an appeal on the essence of the appeal and its decision shall be final.
(3) (Repealed, SG No. 105/2006).
(4) (Amended, SG No. 105/2006) The Election Commission shall announce the final list of candidates in the offices of the Bar Council not later than 7 days before the date of the election.
Article 104. The Election Commission shall prepare ballot-papers specifying the full name of candidates, as well as their legal and attorney-at-law service record.
Article 105. (1) The ballot shall be secret. Voting shall take place by a voting-paper placed in a non-transparent envelope, which shall be posted in the polling box.
(2) (Supplemented, SG No. 105/2006) The voting papers where the required or a lesser number of candidates for the respective body have been marked shall be valid, as well as those marking a single name for the Chairperson position of the respective body.
Article 106. (1) After completion of the election the Election Commission shall unseal the polling boxes in the presence of two attorneys-at-law uninvolved in the election process and elected in advance by the General Assembly. The counting of voting-papers shall be public and shall take place at the respective Election Bureaux.
(2) A protocol in two copies shall be drafted on the outcome of elections, announcing the final results.
(3) The protocol shall specify: the total number of voters, the number of valid and invalid voting-papers; the voting-papers cast for each of the candidates taken separately; the names of the elected Chairperson of the Bar Council, members of the Bar Council, members of the Control Board, Chairperson and members of the Disciplinary Tribunal, as well as the number of votes that elected them. The protocol shall be signed by the Chairperson and members of the Election Commission and then, in a special decision the Election Commission shall rule on the outcome of the election. The decision and protocol shall be posted in a public area at the Bar Council on the first business day following the day of the election.
(4) The decision of the Election Commission whereby the outcome of the election is announced shall be subject to appeal pursuant to Article 7 within 7 days of announcement.
(5) Voting papers, powers of attorney and other papers shall be arranged and sealed in the polling-boxes. These shall be kept until the entry into force of the decision, whereby the Election Commission rules on the outcome of the election and shall be destroyed upon decision of the newly elected Bar Council.
(6) The protocols of the Election Commission and Election Bureaux shall be kept for 5 years from the day of the election.
Article 107. (1) (Previous Article 107, SG No. 105/2006) Candidates who have received more than half of the votes cast through valid voting papers shall be elected.
(2) (New, SG No. 105/2006) For reserve members Are chosen the candidates who have received the largest number of votes after the principal members.
Article 108. (1) As a result of the election, where some of the Bar Association bodies have not been completed, an additional election shall be carried out on the first Sunday of the month of February. The time and location of the additional election shall be determined and announced to association members before closing the regular General Assembly.
(2) In case of additional election of a Chairperson of the Bar Council or of a Chairperson of the Disciplinary Tribunal, the full names of the two candidates who have obtained the largest number of votes at the initial election shall be inscribed on the voting-paper prepared in advance.
(3) A protocol under Article 106, Paragraph 2 shall be drafted on the outcomes of the election.
(4) The additional election shall take place in compliance with the requirements to a regular election.
Article 109. (1) Where the election of Bar Council bodies is declared illegal pursuant to Article 7, a new election shall take place no later than two months thereafter.
(2) The election date shall be scheduled by the Bar Council and it shall be notified to the Bar Association members pursuant to the procedure of convening a General Assembly.
(3) A new election shall take place in pursuance of the rules of a regular election.
(4) Until settlement of the disputes concerning the validity of elections, the former Bar Council shall continue discharging its duties.
Article 110.The newly elected bodies of the Bar Association shall assume their obligations within 7 days of the election date, of the decision of the Election Commission on the announcement of results from the election is not appealed, correspondingly - within 7 days of the final decision, whereby appeals are rejected.
Chapter Twelve
SUPREME BODIES OF THE BAR
Section I
General Assembly of the Attorneys-at-law of the Country
Article 111. (1) The General Assembly of Attorneys-at-Law of the Country shall be convened on an annual basis, by a written invitation, which shall be sent no later than 15 January to the bar associations. The invitation shall specify the agenda, date, time and venue of the Assembly.
(2) Bar Councils shall be obligated to notify the delegates elected by the General Assemblies of the associations of the convention of a General Assembly of Attorneys-at-Law of the Country.
(3) The General Assembly of Attorneys-at-Law of the Country shall take place on the last Saturday and Sunday of the month of February and shall be considered valid where 2/3 of the delegates are present. In the absence of quorum the assembly shall be postponed for an hour and it shall then take place irrespective of the number of attendants.
(4) Decisions shall be made by simple majority of the attorneys-at-law present. Voting shall be open, except for the election of the Supreme Bar Council and its Chairperson, of the Supreme Control Board and of the Supreme Disciplinary Tribunal and its Chairperson.
(5) Voting by proxy shall be admissible, one delegate being able to only represent another one. The authorised representative shall produce an express power of attorney at the moment of his or her registration for participation at the General Assembly of Attorneys-at-Law of the Country.
Article 112. (1) The General Assembly of Attorneys-at-Law of the Country shall consist of representatives of the bar associations, following a standard of representation of one delegate per 40 attorneys-at-law.
(2) Where an association has less than 40 members, it shall be represented by one delegate.
(3) Where the number of association members exceeds 40, but does not correspond to the established representation standard, one delegate shall be elected where there are more than 20 members remaining.
(4) The Chairpersons and Secretaries of Bar Councils, as well as the members of the supreme bodies of the Bar, shall take part in the General Assembly of Attorneys-at-Law of the Country without the right to vote.
(5) Delegates elected to take part in the General Assembly shall keep their mandate until the following General Assembly.
Article 113. The General Assembly of Attorneys-at-Law of the Country shall:
1. examine and adopt the report of the Supreme Bar Council, the report of the Supreme Control Board and the report of the Supreme Disciplinary Tribunal;
2. elect the Chairperson and members of the Supreme Bar Council and the Supreme Disciplinary Tribunal, as well as the members of the Supreme Control Board.
Article 114. (1) Insofar as this section does not otherwise provide, the election of the members and the Chairperson of the Supreme Bar Council and of the Supreme Disciplinary Tribunal, as well as of the members of the Supreme Control Board, shall be made by the General Assembly of Attorneys-at-Law of the Country following the rules for the election of Bar Association bodies.
(2) Members and Chairpersons of the supreme bodies of the Bar shall be elected for a term of 4 years.
(3) Nominations for candidate members of the respective bodies, including the position of a Chairperson of the Supreme Bar Council and of the Supreme Disciplinary Tribunal, must be made at the Supreme Bar Council within 30 days before the date of the General Assembly.
(4) Within 14 days before the election date the Election Commission shall sent the Bar Councils the proposed candidates and the Councils shall immediately announce these.
Article 115. (1) No one shall be elected at one and the same body for two consecutive terms of office.
(2) An attorney-at-law who is elected at a Bar Council, Control Board or Disciplinary Tribunal of a Bar Association may not be elected as a member of the Supreme Bar Council, the Supreme Control Board or the Supreme Disciplinary Tribunal.
Article 116. (1) A delegate at the General Assembly of Attorneys-at-Law of the Country may challenge the legality of election in an appeal filed through the Supreme Bar Council with the Supreme Court of Cassation within 7 days of the announcement of election outcomes.
(2) The Supreme Court of Cassation shall examine the appeal within 14 days of its receipt, at a public hearing in a panel chaired by the Chairperson of the court, with the participation of the Prosecutor-General or a deputy thereof and it shall rule in a decision within 14 days.
(3) Where the election has been unlawful, the Supreme Court of Cassation shall prescribe to the Supreme Bar Council to organise a new election. The General Assembly of Attorneys-at-Law of the Country shall be convened within one week from notification of the decision of the Supreme Court of Cassation for the organisation of a new election.
(4) Until the election of new bodies the previous ones shall continue discharging their duties.
Section II
Supreme Bar Council
Article 117. The Supreme Bar Council shall be a legal entity seated in Sofia.
Article 118. (1) The Supreme Bar Council shall consist of fifteen members and ten reserve members.
(2) Reserve members shall take part in Council sessions with a consultative vote.
(3) Attorneys-at-law with at least 15 years of attorney-at-law service record may be elected as members of the Supreme Bar Council.
(4) In the event of leaving or absence for more than three months of a regular member, the latter shall be replaced, in all his or her rights, by the reserve member who has obtained the largest number of votes during election.
Article 119. (1) The Supreme Bar Council shall elect from among its principal members two Deputy Chairpersons and a Secretary.
(2) The Supreme Bar Council shall appoint auxiliary bodies, which shall be headed by Council members.
Article 120. (1) The Supreme Bar Council shall sit in session at least once a month. The Council may be convened at an extraordinary session by the Chairperson or by 1/3 of its members, by an invitation in writing sent to the rest of them 14 days before the session.
(2) A session shall be valid, where 2/3 of the members of the Supreme Bar Council are present. Decisions shall be made by simple majority of the members present. In the case of an equal number of votes, the vote of the Chairperson shall be decisive.
(3) The following may take part in sessions of the Supreme Bar Council with a consultative vote: ь of the Chairpersons of Bar Councils from the country; the Chairperson of the Control Board and the Chairperson of the Disciplinary Tribunal. Within the term of office of the Supreme Bar Council each of the Chairperson of Bar Councils shall participate for a period of one year, as provided for by the Supreme Bar Council. A Deputy Chairperson of the Sofia Bar Association may also take part in sessions of the Supreme Bar Council.
Article 121. (1) The Supreme Bar Council shall issue ordinances, as provided for in this Act, and it shall adopt a Code of Ethics for Attorneys-at-law.
(2) On matters pertaining to its daily operations, as well as in cases provided for in this Act, the Supreme Bar Council shall rule by decisions.
Article 122. (1) The Supreme Bar Council shall:
1. convene and organise the General Assembly of Attorneys-at-Law of the Country and prepare and present reports to it;
2. determine initial and annual contributions of attorneys-at-law to the budget of the Supreme Bar Council, based on the length of attorney-at-law service record.
3. rule on appeals against the election of bodies of the Bar Councils;
4. rule on appeals against decisions of General Assemblies of Bar Associations and against decisions of Bar Councils;
5. rule on appeals against decisions of Bar Councils on the admission to examination of attorneys-at-law and junior attorneys-at-law and against refusals of inscription in the single registers;
6. prepare sample documents and papers for Bar Associations and Bar Councils kept by Bar Councils, as well as sample protocols for the election commission and the election bureau;
7. keep the single registers of attorneys-at-law, junior attorneys-at-law and law firms;
8. keep the Single Register of Foreign Country Attorneys-at-law who, have been recognised the right to appear as defence counsels before Bulgarian courts;
9. organise an Attorney-at-law Training Centre and determine the terms and programmes for their training for the purposes of developing qualifications;
10. manage and administer the property of the Supreme Bar Council;
11. submit opinions on draft legal instruments and make proposals for the improvement of the legal framework;
12. make proposals to the Chairperson of the Supreme Court of Cassation and to the Chairperson of the Supreme Administrative Court for the issuance of interpretative judgements and draft observations in relation thereto;
13. approve the head count plan and fix the remuneration of officers;
14. ensure and endorse expenses in relation to the operation of the Supreme Control Board and the Supreme Disciplinary Tribunal.
(2) The decisions of the Supreme Bar Council shall be binding on attorneys-at-law and the bodies of the bar.
Article 123. (1) The Secretary-General of the Supreme Bar Council shall:
1. manage the operations for the immediate implementation of decisions taken by Supreme Bar Council, as well as the financial and economic operations;
2. organise sessions and prepare materials therefore;
3. coordinate the activities of secretaries at Bar Councils in the country;
4. manage and organise the work of officers and auxiliary staff;
5. coordinate the operation of Council support bodies;
6. ensure the technical and administrative support for the overall operation of the Supreme Bar Council.
(2) In his or her absence the Secretary-General shall be replaced by a member of the Supreme Bar Council appointed by the Chairperson.
Section III
Chairperson of the Supreme Bar Council
Article 124. (1) The Chairperson of the Supreme Bar Council shall organise and manage the work of the Council and shall represent it.
(2) The Chairperson of the Supreme Bar Council shall discharge obligations stemming from the laws, ordinances and decisions of the General Assembly of Attorneys-at-Law of the Country, as well as from decisions of the Supreme Bar Council.
Article 125. (1) In the absence of the Chairperson the latter shall be replaced by a Deputy Chairperson, following seniority, and in the event the Chairperson leaves, a new Chairperson shall be elected at an extraordinary General Assembly of Attorneys-at-Law of the Country.
(2) The powers of the Chairperson shall terminate upon expiry of his or her term of office, resignation, lasting incapacitation to discharge his or her obligations due to illness, for a period exceeding one year, or decease.
Section IV
Supreme Control Board
Article 126. (1) The Supreme Control Board shall consist of five members. Attorneys-at-law who have at least 15 years of attorney-at-law service record may be elected as its members.
(2) The Control Board shall elect a Chairperson from among its members.
Article 127. (1) The Supreme Control Board shall inspect the financial operations of the Supreme Bar Council and control the activities of Control Boards of the respective Bar Associations.
(2) The Supreme Control Board shall report to the General Assembly of Attorneys-at-Law of the Country.
Section V
Supreme Disciplinary Tribunal
Article 128. The Supreme Disciplinary Tribunal shall consist of fifteen members, including its Chairperson. Attorneys-at-law who have at least 15 years of attorney-at-law service record may be elected as its members. Seniority of Supreme Disciplinary Tribunal members shall be determined in accordance with the length of their attorney-at-law service record.
Article 129. (1) As a first-instance the Supreme Disciplinary Tribunal shall have jurisdiction over disciplinary case instituted against members of Bar Councils, Control Boards and Disciplinary Tribunals of the association, of the Supreme Bar Council, the Supreme Control Board and the Supreme Disciplinary Tribunal.
(2) The Supreme Disciplinary Tribunal shall hear at second instance appeals against decisions of Disciplinary Tribunals at Bar Associations.
Article 130. (1) The Supreme Disciplinary Tribunal shall examine cases in panel composed of a Chairperson and four members. Cases against members of the Supreme Bar Council, the Supreme Control Board and the Supreme Disciplinary Tribunal shall be examined by a 7-member panel chaired by the Chairperson of the Supreme Disciplinary Tribunal.
(2) The decisions of the Supreme Disciplinary Tribunal at first instance shall be subject to appeal through the Supreme Disciplinary Tribunal before the Supreme Court of Cassation within 14 days of their issuance, in pursuance of Article 7, Paragraph 7.
Chapter Thirteen
DISCIPLINARY LIABILITY
Section I
Disciplinary Offences and Sanctions
Article 131. An attorney-at-law and a junior attorney-at-law shall incur disciplinary liability for failure to discharge their duties.
Article 132. A guilty failure to discharge obligations under this Act and the Code of Ethics for Attorneys-at-law, of the Ordinances and decisions of the Supreme Bar Council and of decisions of the Bar Councils and General Assemblies shall qualify as disciplinary offences, as well as:
1. the breach of attorney-at-law secrecy;
2. any omissions which have caused infringement upon the rights and legal interests of clients;
3. the systemic negligence or manifest ignorance in the discharge of professional duties;
4. a personal direct advertisement of professional activities effected in violation of this Act;
5. the negotiation with clients of a remuneration below the threshold under the Ordinance of the Supreme Bar Council for the respective type of work, except in cases where this Act and said Ordinance make allowances to this effect;
6. (amended, SG No. 79/2005) the act of assuming and implementing legal aid in breach of the procedure established by this Act;
7. the concealment of important circumstances during admission as attorney-at-law;
8. the systemic failure to discharge obligations as a member of a managing, control or disciplinary body of the bar;
9. violations of professional ethical rules, morals and collegiality in relation to other attorneys-at-law or law firms;
10. the act of undermining the prestige and dignity of the profession and of violating the rules of professional ethics and morals.
Article 133. (1) The following sanctions shall be imposed on attorneys-at-law for disciplinary offences:
1. censure;
2. fine between one and eight minimum salaries;
3. deprivation of the right to hold elected office in bodies of the bar for a period between one and three years;
4. deprivation of the right to exercise the legal profession for a period of 3 to 18 months;
5. deprivation of the right to exercise the legal profession for a period of up to 5 years in the event of repeated offence.
(2) Sanctions under Paragraph 1, Items 1 and 2 may be imposed together with another sanction. Fines shall be collected to the benefit of the Bar Association.
(3) Disciplinary sanctions shall be imposed after taking into consideration the form of guilt, the interests infringed upon, the causes and surrounding circumstances which have resulted in the commission of the offence, the motivation and other circumstances attenuating or aggravating guilt.
(4) In negligible incidences of breach the Chairperson of the Disciplinary Tribunal may address a personal warning to the faulty attorney-at-law.
Article 134. (1) Disciplinary prosecution shall be prescribed where a sanction has not been imposed within one year of committing an offence, as well as upon decease of the offender.
(2) As regards staying and interruption of prescription, the relevant provisions of the Criminal Code shall apply.
(3) The institution of criminal or penal administrative proceedings shall not exclude disciplinary liability and shall not stay prescription.
Article 135. (1) Each attorney-at-law who has been imposed a disciplinary sanction may be rehabilitated by the Supreme Disciplinary Tribunal, where within a period of three years from service of the sanction he or she has not committed another disciplinary offence, there are no pending disciplinary proceedings against him or her and said attorney-at-law has repaired the damages caused by the disciplinary offence, and has reimbursed the expenses for the disciplinary case.
(2) In the event of rehabilitation a decision for disciplinary conviction shall be deleted from the personal file of the rehabilitated attorney-at-law.
(3) The heirs of the sanctioned attorney-at-law may also request his or her rehabilitation.
(4) Rehabilitation shall delete any and all effects of a disciplinary sanction.
Section II
Disciplinary Proceedings
Article 136. (1) Disciplinary proceedings shall be instituted by a decision of the Bar Council or of the Supreme Bar Council in presence of a written notification from public bodies, legal entities or individuals, as well as of authored publications in the media, which contain a sufficient body of information about a disciplinary offence.
(2) Anonymous notifications shall not constitute statutory grounds for the institution of disciplinary proceedings.
(3) A sufficient body of information warranting the institution of disciplinary proceedings shall be available, where a reasonable assumption may be drawn of the existence of a disciplinary offence.
Article 137. (1) Following the receipt of a notification about a disciplinary offence, the Bar Council shall be obligated to notify the attorney-at-law, who may submit explanations within 7 days of notification.
(2) After expiry of the period under Paragraph 1 the Chairperson of the Bar Council shall assign a rapporteur - a principal or reserve members of the Council, to proceed at an inspection of the existence of circumstances warranting the institution of disciplinary proceedings. Such inspection should be accomplished within one month.
(3) A rapporteur may be disqualified where an attorney-at-law has justified doubts in the impartiality thereof. A rapporteur shall be obligated to recues where he or she is aware of circumstances which may raise doubts as to his or her impartiality. In the event of disqualification the Council Chairperson shall appoint a new rapporteur.
(4) In the event where an inspection needs to take place within the jurisdiction of another Bar Association, it may be performed by delegation by a rapporteur appointed by the Chairperson of the Bar Council in whose jurisdiction action is taken.
(5) Following completion of the inspection, at the first session of the Bar Council the rapporteur shall submit a written report on its findings. At the same session the Bar Council shall rule in a decision about the institution or refusal to institute disciplinary proceedings. Where necessary, the Bar Council shall order an additional inspection within 14 days. Another remittal for inspection shall not be admissible.
(6) A refusal to institute disciplinary proceedings may be appealed by the interested party within 14 days of notification, before the Supreme Bar Council.
(7) A disciplinarily indictment shall be drafted, submitted and upheld before the Disciplinary Tribunal by a rapporteur who has proceeded at inspecting the specific incidence or by a Council member appointed by the Bar Council. A decision, together with the file and a copy of the personal file of the attorney-at-law, shall be sent to the Disciplinary Tribunal.
(8) The competent Disciplinary Tribunal shall be the Disciplinary Tribunal at the association in which an attorney-at-law is inscribed, correspondingly the Supreme Disciplinary Tribunal in cases under Article 129, Paragraph 1.
(9) In respect of a disciplinary offence committed outside the limits of this country, a decision or refusal to institute disciplinary proceedings shall be made by the Sofia Bar Council, and the disciplinary case shall be heard by the Disciplinary Tribunal at Sofia Bar Association.
(10) The Bar Council shall notify the competent body of the country where the foreign country attorney-at-law who exercises the legal profession in Bulgaria has acquired attorney-at-law competency of the disciplinary offence committed by him or her and shall send a copy of the decision for institution of disciplinary proceedings, and upon request, shall also submit all available information and evidence collected in the course of inspection.
Article 138. (1) The Chairperson of the Disciplinary Tribunal shall institute a disciplinary case and appoint a panel, which shall hear it.
(2) A hearing of the disciplinary case shall be scheduled no later than one month of its institution.
(3) A copy of the disciplinary indictment together with written evidence and a notice of the date of hearing shall be sent to the attorney-at-law.
(4) Within 7 days of receipt of the above an attorney-at-law shall be able to raise objections and adduce evidence in his or her support.
Article 139. (1) The Disciplinary Tribunal shall hear the case in presence of the prosecutor, the disciplinarily indicted attorney-at-law and the interested party. Failure of the disciplinarily indicted attorney-at-law to appear shall not be an obstacle to the examination of the case.
(2) Where the disciplinarily indicted attorney-at-law has failed to notify the Bar Council of a change in his or her address, the notice of institution of disciplinary proceedings and of a hearing scheduled shall be placed at the Bar Council, and said attorney-at-law shall be considered validly summoned. The same rule shall also apply to an interested party, which has changed its address, but failed to notify the Bar Council thereof.
(3) A Tribunal panel member shall be subject to disqualification where the grounds of Article 137, Paragraph 3 are present.
(4) A disciplinarily indicted attorney-at-law shall have the right to defence by an attorney-at-law.
(5) The Disciplinary Tribunal shall admit the evidence, which are of relevant in elucidating the circumstances of the case.
(6) The rules of the Criminal Procedure Code shall apply to disciplinary proceedings, insofar as this Act does not contain any other rules.
Article 140. (1) The Disciplinary Tribunal shall rule in a decision, whereby a disciplinary sanction shall be imposed on the attorney-at-law concerned or the latter shall be acquitted.
(2) A decision shall be adopted by secret vote, with a majority of the panel members and it shall be notified by the panel Chairperson reading it aloud.
(3) A panel member who does not agree with the opinion of the majority shall sign the decision with a separate opinion, which shall be attached thereto.
(4) The decision and separate opinion reasoning shall be drafted and announced together with the decision. By way of exception the panel may rule for their deposition within 7 days of notification of the relevant decision.
Article 141. (1) The decision of the Disciplinary Tribunal may be appealed by the parties within 14 days from its notification through the Disciplinary Tribunal before the Supreme Disciplinary Tribunal.
(2) The Supreme Disciplinary Tribunal shall schedule a hearing and examine the case within a period not to exceed one month.
(3) Where a case is heard at the Supreme Disciplinary Tribunal a member of the Supreme Bar Council shall mandatorily take part in proceedings, submitting an opinion whether the appeal is well-founded.
Article 142. (1) The Supreme Disciplinary Tribunal shall hear the case in pursuance of Article 138 - 140.
(2) The Supreme Disciplinary Tribunal may collect new evidence at the request of the parties and ex officio.
Article 143. (1) Expenses for the disciplinary proceedings shall be borne by the sanctioned attorney-at-law, and in the event of acquittal - shall be at the expense of the Bar Council, where such expenses have been made prior to submission of the indictment to the Disciplinary Tribunal, and at the expense of the Disciplinary Tribunal, which has heard the case.
(2) (Amended, SG, No. 59/2007) In the event outstanding expenses are not paid by the attorney-at-law sanctioned within one month of entry into force of the decision, the coercive enforcement of the decision in the part regarding the expenses shall be admitted on a motion by the Bar Council or by the Disciplinary Tribunal according to the procedure established by Article 418 of the Code of Civil Procedure. The attorney-at-law being shall be inscribed in the list of attorneys-at-law at fault with the college fund.
Article 144. (1) The Bar Council shall inscribe the disciplinary sanction in the personal file of the attorney-at-law and shall submit a copy of the decision to the Supreme Bar Council, to be noted in the Single Register of Attorneys-at-law.
(2) The Chairperson of the Supreme Bar Council shall take action to publish the decision imposing a disciplinary sanction under Article 133, Paragraph 1, Items 4 and 5 in the State Gazette.
Article 145. (Amended, SG, No. 59/2007) The coercive enforcement of the decision whereby a disciplinary sanction of fine has been imposed shall be admitted on a motion by the Bar College according to the procedure established by Article 418 of the Code of Civil Procedure.
Article 146. The Bar Council shall keep archives of the decisions for service of disciplinary sanctions until the moment attorneys-at-law leave the association, and at any event not less than 15 years, except where an attorney-at-law is deceased.
Chapter Fourteen
LAWYER REGISTERS
Article 147. Bar Councils shall keep registers of the attorneys-at-law, junior attorneys-at-law, attorney-at-law assistants, law firms and of foreign country attorneys-at-law admitted to exercise the legal profession on the territory of the Republic of Bulgaria, using the same name as in the country where attorney-at-law competency has been acquired. Rules for the keeping of registers shall be set out in an Ordinance of the Supreme Bar Council.
Article 148. (1) The Supreme Bar Council shall keep single lawyer registers for the attorneys-at-law, junior attorneys-at-law, law firms and for the foreign country attorneys-at-law. Rules for the keeping of registers shall be set out in an Ordinance of the Supreme Bar Council. Circumstances provided for by this Act shall be inscribed in single registers, based on data from the registers kept by Bar Councils.
(2) In single registers attorneys-at-law shall be inscribed and assigned a personal number the last two digits of which shall be code of the respective association, whereas the preceding ones shall be the ordinal number of the attorney-at-law in accordance with his or her inscription in the register of the respective Bar Association. Those inscribed on the same day shall be arranged following the receipt of their documents. The personal number under the single lawyer register shall be permanent and shall be inscribed in the attorney-at-law card, the contracts with clients and in attorney-at-law authorisations.
(3) Pursuant to the procedure under Paragraph 2 foreign country attorneys-at-law shall be inscribed in a single register of foreign country attorneys-at-law exercising the legal profession in Bulgaria.
(4) The Supreme Bar Council shall publish on an annual basis in the State Gazette a list containing the full names and ordinals assigned to attorneys-at-law.
Article 149. (1) Lawyer registers shall be public.
(2) Inscriptions in lawyer registers shall have a certification effect.
SUPPLEMENTARY PROVISIONS
§ 1. Within the meaning of this Act:
1. (Amended SG, No. 39/2006) "Legal service record" shall be the time during which a person has worked at a position or exercised a profession, for which legal education and competency are required, including the service record of persons with a higher education in law who work as court assistants in the Supreme Court of Cassation or the Supreme Administrative Court, as prosecutors' assistants in the Supreme Prosecution Office of Cassation or the Supreme Administrative Prosecution Office, as police investigators within the system of the Ministry of Interior or as investigators in the Ministry of Defence.
2. "The country where attorney-at-law competency has been acquired" shall be the country in which a person has acquired the right to exercise the legal profession, as per Article 24, Paragraph 1, irrespective of the exact name under which said activity is exercised and the nationality of such person.
3. The exercise of the legal profession by a foreign country attorney-at-law shall be actual and uninterrupted, where said profession has been exercised without interruption for at least three years, except for cases of pregnancy and child birth or provisional unfitness for work.
4. "Office" shall be a building or a part thereof, in which an attorney-at-law or law firm receive their clients, at the address of which an attorney-at-law may be found and whereat and respective numbers of communication facilities have been declared to the Bar Council. An office may also be accommodated inside the residence of the attorney-at-law. Several attorneys-at-law may share an office without being associates.
5. "Repeated" shall be a disciplinary offence committed after the entry into force of a decision, whereby a disciplinary sanction has been imposed for the same offence, before the occurrence of rehabilitation.
§ 2. Insofar as this Act does not otherwise specify, the Code of Civil Procedure shall apply mutatis mutandis to the procedure and manner of serving notifications.
TRANSITIONAL AND FINAL PROVISIONS
§ 3. (1) Individuals who have acquired attorney-at-law competency until the entry into force of this Act, shall keep their rights.
(2) Within 6 months of the entry into force of this Act, individuals under Paragraph 1 must declare to the respective Bar Council the circumstances subject to inscription in the register of the Bar Association, as herein provided for.
(3) Within the period under Paragraph 2 existent partnerships under Article 357 - 364 of the Obligations and Contracts Act shall be obligated to declare for inscription to the Bar Association their contracts and the circumstances subject to inscription under this Act.
§ 4. Bodies of Bar Associations and of the Supreme Bar Council elected before the entry into force of this Act shall continue exercising their powers in accordance with the provisions and periods herein provided for.
§ 5. Pending proceedings in respect of applications for inscription of attorneys-at-law filed until 1 June 2004 shall be examined within the previous procedure.
§ 6. In Article 39 of the Classified Information Protection Act (promulgated SG No. 45/2002, amended No. 5/2003, No. 31/2003) the following supplements shall be made:
1. In Paragraph 1, Item 7, after the word "prosecutors" a comma shall be placed and "the attorneys-at-law" inserted.
2. In Paragraph 3, Item 3, after the word "prosecutors" a comma shall be placed and "the attorneys-at-law" inserted.
§ 7. This Act shall repeal the Bar Act (promulgated SG No. 80/1991; amended No. 104/1996, No. 59/1998, No. 61/2000, No. 84/2003).
(2) The provision of Article 50 shall enter into force on 1 January 2005.
(3) (Amended, SG No. 10/2006) The provisions of Article 11 - 19a shall enter into force as of the entry into force of the Treaty of Accession of the Republic of Bulgaria to the European Union.
This Act was adopted by the 39th National Assembly on June 10, 2004 and the State Seal has been affixed thereto.
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