REPUBLIC OF BULGARIA
GRAND NATIONAL ASSEMBLY

ATTORNEY ACT

Promulgated State Gazette No. 80/27.09.1991

Amendment: SG No. 26/1992

Chapter One

GENERAL PROVISIONS

Article 1

(1) This Act shall regulate all matters related to the acquisition and loss of rights as attorney at law as well as the practice and organization of the profession of attorney.

(2) The practice of the profession of attorney is a constitutional activity involving legal service and defence of freedoms, rights and lawful interests of natural and juridical persons. It is implemented on the principles of independence, selfmenagment and self-financing.

Article 2

(1) Only a person entered on the registers of the respective Attorney College shall be deemed an attorney.

(2) The rights of attorney are acquired and the profession of attorney practiced by the candidate from the time of registration in the Attorney College.

(3) The attorneys may practice individually or may form association and firms.

Chapter Two

ATTORNEY

Section I

Acquisition of rights as attorney

Article 3

Every capable Bulgarian citizen may become an attorney if he or she satisfies the following criteria:

1. to have a university law degree;

2. to have completed the court practice established by law;

3. to have successfully passed the State examination on theory and practice established by law after successful completion or court practice.

Article 4

No person shall become a trainee-attorney or an attorney who:

1. after reaching majority has been sentenced for an intentional crime, unless he has been acquitted;

2. has been deprived of rights as an attorney for the duration of the term of deprivation;

3. is a trader, manager of a trade association or chairman of a cooperative;

4. is employed in a Government or any other public office, or in a trade association, cooperative or other juridical person under a contract of employment except in the cases set out in Article 9;

5. has declared insolvent and whose rights have not been restored.

Section II

Entry

Article 5

The candidate for attorney presents an application for entry to the attorney council. Attached to it are documents for holding a university law degree, for the successful passing of the state theoretical and practical examination, a court certificate showing no previous convictions and a medical certificate.

Article 6

(1) The Attorney Council checks whether the conditions set out in Articles 3 and 4 have been satisfied with regard to entry of the name of the candidate on the register of the College and adopts a motivated ordinance.

(2) the ordinance is communicated in writing to the candidate and the Control Council of the Attorney Colleague. It may be appealed by Control Council or the candidate with regard to its lawfulness before the
Supreme Attorney Council within two weeks of receipt.

(3) The complaint is considered in the presence of the candidate at the first meeting of the Supreme Attorney Council which pronounces itself on it. A representative of the Supreme Control Council may be present at the meeting.

(4) The decision of the Supreme Attorney Council may be appealed within two weeks of communication in accordance with the procedure laid dawn in the Law on Administrative Proceedings before the Supreme Court of Appeal.

Article 7

(1) After the ordinance or decision enters into force the candidate takes an oath, if he had not taken an oath as a trainee-attorney and his name is entered on the register of the respective Attorney College.

(2) The candidate shall take the following oath before the Attorney Council: "I do solemnly swear that I will scrupulously execute the office of attorney (trainee-attorney) in accordance with the Constitution, the laws of the Republic and morality, that I will be worthy of the trust and respect essential for my calling, and that through my bearing during its execution and within society I will preserve the dignity of the courts and governing bodies and will not betray the confidentiality of my clients."

(3) The attorney shall sign a certificate of oath.

Section III

Regarding the activities of the attorney

Article 8

(1) The attorney shall defend the rights and lawful interests of his clients by:

1. giving advice by word of mouth or in writing;

2. preparing the requisite documents (applications, claims, petitions, complaints, etc.) for persons seeking defence and assistance;

3. representing and defending clients before the courts, the preliminary investigation bodies and all other jurisdictions;

4. representing clients before all administrative and other public offices in the country or wherever necessary.

(2) The parties may be represented or defended before the Supreme Court of Appeal only by an attorney with over five years length of service in this capacity or the same term spent as judge, prosecutor or equal in stature juridical experience.

Article 9

Lecturers in law at the higher educational establishments as well as research associates with practical experience of over five years may appear as attorneys before the courts of appeal, the Supreme Court of Appeal and the Supreme Administrative Court and may present written opinions if their names are entered on the register of a respective College of Attorneys.

Section IV

Right and Duties of the Attorney

Article 10

(1) The attorney shall be on an equal footing with the judges as concerns the respect owed to him and shall receive the same cooperation as the judge before the courts, jurisdictions, administrative and other offices in the country.

(2) If the attorney has not been accorded the needed respect and cooperation in the process of or with regard to the execution of his duties, the Council of Attorneys on its own initiative or up on his request, shall empower one of its members to investigate the case together with a representative of the respective judicial or administrative body, selected by the person in charge of the latter.

(3) The Council of Attorneys shall inform the person in charge of the judicial or administrative body in writing with about the case in order that a representative may be chosen who shall take part in the investigation. The person in charge is obliged to select a representative within the period of seven days.

(4) If within the period designated above a representative has not been named the Council of Attorneys shall carry out the investigation through its own representative.

Article 11

(1) If the Council of Attorneys decides on the basis of the report from the investigation that there is a case of wrongful behaviour, it makes a recommendation for the initiation of disciplinary proceedings against the judge or prosecutor or for the application of a disciplinary sanction against the respective official by the person in charge of the administrative body or office.

(2) The application or refusal to apply a disciplinary sanction does not represent an impediment for the attorney to seek redress by the normal process.

Article 12

The attorney shall have unimpeded access and may make inquiries with regard to cases, demand copies of documents and receive information by priority from the courts, jurisdictions, the bodies or preliminary investigation, administrative and other offices in the country and wherever needed after verifying his standing as an attorney.

Article 13

The attorney within the scope of his work may verify copies of documents which have been presented to him in connection with or with regard to proceedings in cases where he is fiduciary or defence counsel. With regard to the particular case they have the strength of officially verified documents.

Article 14

(1) The attorney shall not have the right to abandon a defence which he has undertaken unless there are valid reasons for this and payment shall be forwarded with regard to his work up to the abandonment. Should the attorney abandon the case for no valid reasons, the payment forwarded by the client shall be remitted to the latter.

(2) In the cases envisaged in the preceding paragraph the attorney is obliged to inform his client in due time in order that the latter may organize his defence.

Article 15

The clients may at anytime refuse the services or defence by the fiduciary or defence counsel. In case of refusal based on valid reasons the attorney shall be due payment for the work done. Where there are no valid reasons for the refusal, the remuneration deposited shall not be reimbursed.

Article 16

(1) In cases of discord related to the refusal defence, the attorney, respectively the clients, are obliged to state their reasons in a motivated statement to the Council of Attorneys.

(2) The statement shall be examined within twenty four hours by the chairman or deputy chairman of the Council of Attorneys who rule as to the validity of the refusal and the amount of the remuneration for services rendered.

Article 17

(1) The attorney's papers and files shall be inviolable and can not be subject to investigation or confiscation.

(2) The correspondence between the attorney and his client shall be inviolable, shall not be subjected to investigation or used as evidence.

Article 19

The attorney has the right to met with persons who have been detained or with pre-trial detainees without the presence of an official from the administration of the establishments for preliminary arrest or the correctional institutions and their conversations shall be free of any form of secret tapping or monitoring.

Article 20

(1) The attorney is obliged to perform his duties diligently, and through his behaviour in executing them and even when not on duty should be worthy of the trust and respect of the community.

(2) While conducting a suit, the attorney shall not employ methods, aimed at procrastinating or creating unnecessary obstacles for the other party as demanded by law and the ethics of the profession.

(3) The attorney shall demonstrate due respect for the letter of the Law, the judicial bodies and government bodies and shall foster a spirit of fellowship with his colleagues.

(4) The attorney owes respect and cooperation to the Attorneys Council bodies, the Supreme Attorney Council, the Supreme Control Council and the Supreme Disciplinary Court.

Article 21

(1) The ruling of the court to order an official client is announced before the Attorney College, which appoints an attorney to take up the defence.

(2) The attorney is obliged to appear as fiduciary or defence counsel when he is officially appointed by the court or the bodies of preliminary investigation.

Article 22

(1) The attorney may not at the same time appear as representative of both sides in a given case, as well as accept the same case from one side and then the other unless their interests do not clash or the parties have offered their consent. he may not represent or defend one party where in the same case he had previously given legal advice to the other party.

(2) The attorneys who are partners may not defend or represent both parties. In criminal cases they may not represent defendants with clashing interests.

Article 23

(1) The attorney shall not appear as fiduciary or defence counsel in a case, if he has appeared as judge, member of the jury, prosecutor or investigator in the said case or if a spouse, relative in direct line of descent without exceptions, up to the forth degree in direct descent or the third by marriage has appeared as such.

(2) The attorney shall not enter personally or through a third party into transactions with his client aimed at acquiring property or rights which form the subjectmatter of the case.

Article 24

The attorney may not enter into agreements with the other party to the detriment of his client nor may be maintain the defence of parties with slashing interests.

Article 25

For every breach of his duties laid dawn in the present Act or the ordinance of the Supreme Attorney Council, which has led to the compromise of the rights and lawful interests of the client, the attorney is liable for damages and owes the reimbursement of the fees paid by the client.

Article 26

The attorney shall bear civil responsibility for revealing secrets of his client, including after the end of proceedings, along with criminal and disciplinary liability.

Article 27

The attorney may not use a third party in order to attract clients. He may not attract clients by using other means which are incompatible with the profession of attorney.

Article 28

The attorney may not use trade advertising in his activities.

Article 29

The attorney is obliged to establish an office at a appropriate location for the exercise of his duties, to keep a register of the cases in which he is a fiduciary or counsel, and to preserve the documentation connected with these cases at least five years after they have been heard.

Article 30

When leaving the College the attorney is obligated to inform the Attorney Council, in order that he may be struck off the register and must inform as to the outcome of the cases on which he was working.

Article 31

The attorney is obliged to pay up annually by the 31 of December the required installments for the Attorney Council and the Supreme Attorney Council.

Section V

Remuneration

Article 32

(1) The attorney is owed remuneration for his work which is determined of the basis of a written contract with the client.

(2) In the absence of a written contract the amount of the remuneration is determined accordance with the ordinance of the Supreme Attorney Council.

(3) The remuneration agreed upon in the contract may not be less than that envisaged in the ordinance with regard to the particular work.

Article 33

(1) In order to collect payments stemming from unpaid fees, the attorney, may acquire an execution order.

(2) The execution order is issued on the basis of a decision of the Attorney Council, a copy of the contract, certified by the Council and a written invitation to the client to voluntarily pay up the sum.

(3) The payments entered on the execution order may be contested in accordance with the procedure laid dawn in the Code of Civil Procedure with regard to the contesting execution orders issued with regard ordinances from non-judicial bodies.

Article 34

Disputes between the client and the attorney as regards the amount of the remuneration shall be settled by the Attorney College in which the attorney is registered.

Article 35

(1) The attorney shall render free legal aid to:

1. persons who are in straitened circumstances;

2. persons who rely on support money;

(2) Attorney may render free legal services to relatives and friends and to other lawyers.

Article 36

In the cases envisaged in para 1 of the preceding article, when the claim has been accepted by the court, it fixes the remuneration of the attorney with a ruling in accordance with the ordinance of the Supreme Attorney Council and censures the other party to pay. The fixed remuneration may not be less than the settled minimum for the respective work performed.

Article 37

The attorney's remuneration for an officially appointed fiduciary or counsel is fixed in accordance with the ordinance of the Supreme Attorney Council and is paid up from the budget proceeds of the court or by the preliminary investigation bodies.

Article 38

When the case is terminated through the fault of the attorney, thus preventing it from being taken to a court or special jurisdiction, hr owes reimbursement of the fees irrespective of other arising consequences.

Article 39

In cases of voluntary settlement of a dispute or when the case ends in agreement between the parties, the fees which had been deposited are not returned.

Section VI

Trainee-attorney

Article 40

(1) The training of a person who has completed higher education in law, shall be carried out at a court or with an attorney. The duration of the training shall be one year.

(2) Be exception, with valid reasons being present, the Attorneys Council may terminate or extend the period of training.

Article 41

(1) The candidate files an application with the Attorney Council. Attached to the application shall be proof of Law degree, certificate for no previous convictions and a medical certificate.

(2) The Attorney Council selects an attorney-patron, unless in the application the candidate has specified a particular patron and the latter has given his consent.

(3) The attorney-patron shall have at least ten years practical experience.

(4) The attorney-patron may be changed only by a ruling of the Attorney Council.

Article 42

(1) The Attorney Council checks whether the candidate satisfies the preliminary conditions for training and makes an argumented pronouncement. The pronouncement is communicated in writing to the candidate.

(2) In cases of refusal to issue a permission for training, the pronouncement may be appealed before the Supreme Attorney Council within two weeks from communication and is examined at its first session.

Article 43

(1) The trainee is entered in the register of trainee-attorneys at the Attorney Council after taking the attorney oath in accordance with Art.7, para 2.

(2) The trainee-attorney signs a certificate of oath taking.

Article 44

The trainee-attorney is obliged to:

1. regularly attend the office of the patron and perform all tasks required.

2. under the supervision and with the assistance of the patron to prepare attorney papers and attend court proceedings;

3. to attend when the patron is giving advice to clients;

4. to prepare papers on topics set by the Attorney Council;

5. to participate in the qualification activities organized by the Attorney Council.

Article 45

(1) After completion of the first half of his term the trainee may be allowed by the Attorney Council on report from the attorney-patron to appear, along with the patron, in cases at courts of first instance.

(2) In cases where the trainee-attorney appears, he shall prepare a file separately from the patron.

Article 46

(1) After completion of the training, the Attorney Council assigns a commission made up of three attorneys who have the right to be patrons to evaluate work and preparation of the various documents carried out by the trainee. The commission issues a report assessing the practical work of the trainee, which along with the opinion of the patron is presented to the Attorney Council. The council issues a motivated pronouncement on whether the training has been successful.

(2) When the Council decides that the training has not been successful, it extends the training by not more than six months. The trainee is not paid during the additional period. If even after that extension the Council decides that the training has not been successful, the trainee-attorney is struck off the register of trainee-attorneys.

(3) The ordinance for striking the trainee-attorney from the register by the Attorney Council may be appealed in accordance with the procedure laid dawn in art.42, para 2.

Article 47

On the basis of the ordinance for a successful completion of the training, the trainee-attorney sits for the state theoretical and practical examination before a commission appointed by the Ministry of Justice composed of: a chairman - an employee of the ministry, and members: the Chairman of the Supreme Attorney Council, a judge from the Supreme Court of Appeal and a prosecutor at the same court.

Article 48

For a successful sitting of the state theoretical and practical examination The Ministry of Justice issues to the trainee-attorney a certificate for practice as attorney.

Article 49

The number of trainee-attorneys, the conditions for and the procedure of training and the sitting of the state theoretical-practical examination as well as the procedure for the raising funds for remuneration and the amount of remuneration are settled by ordinance of the Supreme Attorney Council.

Chapter Three

ATTORNEY COLLEGE

Section I

General Provisions

Article 50

(1) the regions, number and the seats of the attorney colleges, the creation of new ones and the closing down of existing ones are determined by the Supreme Attorney Council.

(2) Only one attorney college may by established at the seat of one district court.

Article 51

(1) The Attorney College is juridical person and is comprised by the attorney entered on its register.

(2) The bodies of the Attorney College are: the General Assembly the Control Council and the Disciplinary Court.

Section II

General Assembly

Article 52

The General Assembly shall be composed of the attorneys entered on the College register.

Article 53

The General Assembly may be regular and extraordinary.

Article 54

(1) The regular General Assembly of the College shall be convened annually on the last Saturday and Sunday of January.

(2) The General Assembly shall be convened by the Attorney Council by a written personal invitation which shall be sent a month in advance. The agenda shall be set out in the invitation.

(3) If 20 days before the date of the meeting of the General Assembly, one third of the College's members request in writing that a certain issue be entered on the agenda, the Attorney Council is obliged to do so.

(4) The General Assembly shall be held if two thirds of the members are present or represented. If there is no quorum the meeting is postponed for an hour and is then held irrespective of the number of attorneys present.

(5) Decisions are adopted by simple majority: half plus one of attending persons.

(6) Voting is personal or by an authorized representative. The signature on the authorization for representation shall not be certified.

(7) A single attorney may not represent more than three attorneys in the College. The authorization shall be presented to the chairman or secretary of the attorneys Council before the beginning of the meeting.

(8) Voting is not secret except in elections for bodies of the Attorney College.

Article 55

The regular General Assembly shall:

1. hear the report on the activities of the Attorney Council for the one-year period of review and adopt a decision.

2. hear the report of the Control Council;

3. hear the report of the chairman of the Disciplinary Court;

4. discuss and adopt the budget of the Council for the following financial year;

5. determine the number of members of the Attorney Council and elect an Attorney Council, a chairman of the Council, a Control Council, a Disciplinary Court and a chairman of the Disciplinary Court;

6. elect delegates to the General Assembly of attorneys in the country;

7. adopt decisions and ordinances with regard to managing the property of the Attorney College.

Article 56

(1) An extraordinary Council Assembly is convened by decision of the Attorney Council, the Control Council or by written request of one third of the members of the Attorney College.

(2) If the Attorney Council does not schedule an extraordinary General Assembly within fourteen days of receipt of the request it is obligatorily convened by the Supreme Attorney Council.

(3) The extraordinary General Assembly is convened and is held in accordance with the procedure laid dawn in Art.54.

(4) The extraordinary General Assembly may decide on all matters which have been brought up between the session of the regular General Assemblies.

Article 57

Each member of the Attorney College has the right to become familiar with the texts of the decisions and the protocols as of the moment of their adoption.

Article 58

(1) the decisions of the General Assembly may by appealed before the Supreme Attorney Council. The application for appeal shall be entered within two weeks of the date of adoption of the decision.

(2) Each attorney may join the application for appeal under para 1 and may sustain it even after the original applicant has withdrawn it.

(3) The Supreme Attorney Council may, before having ruled on the application, suspend the execution of the decision of the General Assembly.

Section III

Attorney Council

Article 59

(1) The Attorney Council shall have the following composition:

1. in colleges of up to 50 members - not less than five principal and two reserve members.

2. in colleges of over 50 attorneys - not less than seven principal and two reserve members, and for the city of Sofia - not less than eleven principal and six reserve members.

(2) In the number of principal members shall be included the chairman of the Attorney Council.

(3) Entitled to election as members of the Attorney Council shall be all attorneys who have had at least five years in practice, and as chairman - ten years in practice.

Article 60

(1) Within seven days of the election the Attorney Council of five members shall elect a secretary. The other Attorney Councils shall elect a deputy chairman and a secretary.

(2) the attorneys Council may form subsidiary bodies, which are headed by a member of the Council.

(3) The Attorney Council is convened by the chairman at least once every month. It may be convened for an extraordinary meeting on a written request of one third of the regular members within a period of seven days. If the request is not granted the Council is convened by the Supreme Attorney Council and is chaired by one of its members.

(4) The meeting is deemed regular if two thirds of the members of the Attorney Council are present. Decisions are adopted by majority of principal members present. If the votes are evenly divided the vote of the chairman decides.

Article 61

(1) The members of the Attorney Council who for valid reasons are prevented from executing their duties or have left shall be substituted until their return, respectively till the end of their mandate, by the reserve members in order of seniority.

(2) The reserve members have the right to vote when they are asked to replace or substitute for principal members of the Attorney Council.

(3) In cases where the chairman, deputy chairman and the secretary are prevented to attend for valid reasons, they shall be substituted until their return as follows:

1. the chairman, by the deputy chairman and in the cases where there is no deputy, by the secretary;

2. the secretary, by one of the principal members in order of seniority.

(4) When the chairman,, deputy chairman or the secretary leave the Attorney Council elects a new chairman, deputy chairman or secretary from among the principal members of the Council.

Article 62

The Attorney Council shall:

1. represent the Attorney College through its chairman;

2. coordinate the work of the Attorneys College convene General Assemblies, execute their decisions and represent the College;

3. execute the budget of the College

4. rule on allowing candidates to train, manage the training and oversee its proper course;

5. determine free legal aid fiduciaries and council;

6. oversee the defence of the professional rights, and the presentation of the honour and dignity of the members of the College;

7. oversee the execution of the duties of the members of the college and decide on disputes between them and their clients;

8. see to it that attorney work is not performed by persons who are inform the prosecutor or the district court when it deems appropriate that criminal proceedings should be started;

9. start and maintain disciplinary proceedings against members of the Attorney College;

10. manage, husband and acquire and dispense with the property of the Attorney College;

11. manage and implement work connected with the improvement of the professional qualification of the attorneys;

12. organize and manage the work of the scientific and methodological sectors;

13. accept, strike out and delete members as well as keep the register of the Attorney College;

14. perform all duties stemming from this Act, the decisions and rulings of the Supreme Attorney Council;

15. approve the number of full-time attorneys and fix the remunerations.

Article 63

(1) the Chairman of the Attorney Council shall organize, manage and be responsible for the overall work of the Council.

(2) The Chairman of the Attorney Council shall perform the duties stemming from this Act, and from the decisions and rulings of the General Assembly of the College.

Article 64

The secretary of the Attorney Council shall:

1. manage activities connected with the implementation of the decisions of the Attorney Council and the financial and economic sphere;

2. organize the meetings of the Attorney Council and prepare the needed materials for them;

3. manage and organize the work of the employees and auxiliary staff;

4. coordinate the work of the subordinate bodies of the Attorneys Council;

5. ensure technical and administratively the activities of the Attorney College.

Section IV

Control Council

Article 65

The Control Council is elected in accordance with the procedure set out in Chapter three, Section VI of this Act.

Article 66

(1) The Control Council shall be composed of:

1. in Colleges of up to 50 attorneys - not less than three members;

2. in Colleges of over 50 attorneys - not less than five members.

(2) Attorneys with over five years of practice may be elected members of the Control Council.

Article 67

(1) The Control Council oversees the financial and economic activities of the College and reports on its activities to the regular General Assembly.

(2) When is ascertains breaches of the law, the decisions and rulings of the Supreme Attorney Council and the decisions of the General Assembly, the Control Council shall prepare a report which it shall present to the Supreme Attorney Council.

(3) Members of the Control Council may participate in the meetings of the Attorney Council.

Section V

Disciplinary Court

Article 68

The Chairman and members of the Disciplinary Court are chosen in accordance with procedure set out in Chapter Three, Section VI of the present Act.

Article 69

(1) The Disciplinary court shall consists of:

1. in Colleges of up to 50 attorneys - not less than five members;

2. in Colleges of over 50 attorneys - not less than nine members.

(2) The Chairman of the Disciplinary Court is included in its membership

(3) Attorneys with over five years of practice may be elected members of the Disciplinary Court, and an attorney with not less then 10 years of practice - as chairman.

Article 70

Disciplinary cases initiated by claims against members of the Attorney College on disciplinary charges are heard by the Disciplinary Court as first instance.

Section VI

Election of Attorney College bodies

Article 71

The election of the Attorney Council, its Chairman, the Control Council, the Disciplinary Court and its Chairman is carried out by the members of the Attorney College on the day of the regular General Assembly. If the election is not made on the day, it shall be carried out at 9 o'clock or earlier if all members of the College have voted.

Article 72

No one may be elected member or chairman of the Attorney Council and the Disciplinary Court for more than two consecutive terms.

Article 73

The members of the Attorney Council and its Chairman, of the Control Council and the Disciplinary Court and its Chairman are elected for a term of 2 years.

Article 74

(1) The election in connection with art.71 is secret with ballots prepared in advance on which the full names of the candidate for chairman of the Attorney Council and the Disciplinary Court, for principal and reserve members of the Council and for members of the Control Council and the Disciplinary Court.

(2) Ballot papers shall be deemed invalid when more names remain on the list than the number fixed by the General Assembly for members of the Attorney Council, the Disciplinary Court and the Control Council.

Article 75

All candidates who have received more than half the votes cast by members of the Attorney College participating in the elections shall be deemed elected. If the candidates exceed the fixed number shall be deemed elected those who have received the most votes.

Article 76

(1) If one of the College bodies has not been elected, an additional election shall be held on the first Sunday of February.

(2) When holding an additional election for chairman of the Attorney Council and chairman of the Disciplinary Court, only the names of the two persons who have received the greatest number of votes in the first election shall be entered in the ballot.

Article 77

(1) The elections are conducted by an election committee composed of a chairman and two members, who do not run up for election and have been elected by voting by the regular General Assembly. The electoral committee conducts also the additional election.

(2) The regular General Assembly elects by open ballot voting bureaux composed of three members.

(3) The ballot boxes are sealed before the commencement of voting by the electoral committee in the presence of two voters whose names are entered in the election protocol.

(4) After the end of voting the election committee prepares a protocol on which is entered the fact that the ballot boxes are sealed and that voting has ended.

(5) The opening of the ballot boxes takes place in the presence of two voters whose names are entered in the protocol. The counting of the ballots is performed openly by the election bureaux.

(6) The election bureau prepares a protocol about the results of the voting and count and presents it to the electoral committee together with all the ballots. It in turn prepares a protocol with which it summarizes and announces the final results.

(7) The protocol shall contain the overall number of votes, the number of valid and invalid ballots and the number of votes cast for each candidate.

(8) In the closing part of the protocol the names of the elected chairman and members of the Attorney Council, the chairman and members of the Disciplinary Court and the members of the Control Council together with the number of votes they had received are entered. The protocol is signed by the chairman and the members of the electoral committee and is displayed in a prominent place in the Attorney Council on the first working day following election day.

Article 78

(1) After the end of the elections, the electoral committee arranges the valid and invalid ballots and seals them in the ballot boxes.

(2) The ballots are preserved until the time when the elections are declared valid and are subsequently destroyed by the newly elected Attorney Council.

Article 79

Only the attorney members of the College who do not have debts to the funds of the College may elect and be elected.

Article 80

(1) Voting is obligatory. Those who have failed to vote for no valid reason and those who have been suspended from voting because of debts are fined 300 levs.

(2) The fine is levied by the Chairman of the Council on the basis of the election protocol. It may be refuted by the Attorney Council if valid grounds exist for this.

Article 81

(1) If the elections for Attorney College bodies are deemed not in accordance with the law by the Supreme Attorney Council, new elections shall be held not later than one month from communication of the decision.

(2) The date of the elections is set by the Attorney Council and is communicated to the members by a written invitation.

(3) The new elections are held in accordance with the procedure stipulated in this Section.

(4) Until resolution of disputed as to the fairness of the elections the current Attorney Council continues to perform its duties.

Article 82

The newly elected bodies of the Attorney College take office after the expiry of seven days of the election if complaints as to the fairness of elections have been filed or as of communication of a decision of the Supreme Attorney Council by which complaints as to fairness have been left without redress.

Chapter Four

GENERAL ASSEMBLY OF ATTORNEYS IN THIS COUNTRY

Article 83

(1) The General Assembly of Attorneys in this Country shall be convened annually by the Supreme Attorney Council by a written invitation, which shall be sent by the 15 of January to the Attorneys Colleges. On the invitation shall be entered the agenda, the date, time and place for the holding of the meeting.

(2) The General Assembly of Attorneys shall be held on the last Saturday and Sunday of February and is deemed valid if two thirds of the members are present. In the absence of quorum the meeting is postponed for an hour and is then held irrespective of the number of delegates present.

(3) Decisions are adopted by simple majority-half plus one of the attorneys present. The voting is personal and open except with regard to the election of the Supreme Attorney Council and its chairman, the Supreme Control Council and the Supreme Disciplinary Court and its chairman.

Article 84

(1) The General Assembly of Attorneys is composed of representatives of the Attorneys Colleges at a ratio of representation one delegate for every 20 attorneys.

(2) If the College comprise less than 20 attorneys they shall be represented by one delegate.

(3) When the College comprises by more than 20 attorneys but does not correspond to the set ratio, there shall be an additional delegate for more than 10 attorneys.

Article 85

The General Assembly of Attorneys shall:

1. hear and adopt the report of the Supreme Attorney Council, the Supreme Control Council and the Supreme Disciplinary Court;

2. elect the Supreme Attorney Council and its chairman, the Supreme Control Council and the Supreme Disciplinary Court and its chairman.

Chapter Five

SUPREME ATTORNEY COUNCIL,
SUPREME CONTROL COUNCIL,
SUPREME DISCIPLINARY COURT

Section I

Supreme Attorney Council

Article 86

(1) The Supreme Attorney Council shall be a juridical person with a seat in Sofia and shall be composed of 15 principal and 10 reserve members.

(2) As members of the Supreme Attorney Council may be elected attorneys with not less than ten years practice.

Article 87

(1) The Supreme Attorney Council elects from among its composition of principal members two deputy chairman and a chief secretary.

(2) The Supreme Attorney Council may form subsidiary bodies to be headed by the members of the Council.

Article 88

(1) the Supreme Attorney Council is convened for regular meetings by the Chairman at least once monthly. The Council may be convened also by one third of the principal members with invitation to the others within a period of 15 days.

(2) The meeting is deemed valid if two thirds of the members of the Supreme Attorney Council are present. Decisions are adopted by the majority of present principal members. In case of equally split voting the vote of the Chairman is decisive.

Article 89

(1) Those who cannot attend for valid reasons or those members who have left the Council shall be replaced by the reserve members in seniority of practice until their return respectively till the expiry of their term .

(2) The reserve members of the Supreme Attorney Council have a consultative vote, unless they have been called upon to substitute principal members of the Council.

(3) In the case where the chairman, one of the deputy chairmen or the chief secretary are unable to attend for valid reasons, until their return, respectively the expiry of their term they shall be replaced as follows:

1. the chairman, by the deputy chairmen in order of seniority;

2. the chief secretary, by one of the principal members in order of seniority.

Article 90

The Supreme Attorney Council shall:

1. convene and hold a General Assembly of Attorneys, execute its decisions and report before it;

2. determine the initial and annual fees of attorneys towards the budget of the Supreme Attorney Council in accordance with the length of service;

3. issue directives entrusted to it by the present Act;

4. make pronouncements with regard to claims against unlawful decisions of the General Assembly General Assembly and the validity of elections of Attorneys Councils;

5. rule as regards claims and protest against rulings of Attorneys Councils for acceptance for training and appointment of attorneys;

6. prepare samples of documents which are to be kept by the Attorneys Councils;

7. keep the register of attorneys in this country which is published in the last annual issue of the State Gazette;

8. manage, husband and deal with the property of the Supreme Attorney Council;

9. give opinions on statutory documents and make suggestions as to the improvement of the acting legislation;

10. address proposals to the chairman of the Supreme Court of Appeal with regard to the issuing of ordinances and interpretations and prepare opinions on them;

11. approve the number of full-time employees and fix their remunerations;

12. ensure and approve expenses relating to the activities of the Supreme Attorney Council and the Supreme Disciplinary Court.

Article 91

(1) The Chairman organizes and conducts the work of the Supreme Attorney Council and represents it.

(2) The deputy chairman are responsible for organizational matters, the professional qualification and the preparation of opinions and suggestion in connection with items 9 and 10 of the preceding article.

(3) The Supreme Attorney Council apportions the workload among the deputy chairmen.

Article 92

The Chief Secretary of the Supreme Attorney Council shall:

1. manage the work pertaining to the immediate execution of the Supreme Attorney Council's decisions and oversee the financial and economic activities;

2. organize the meetings of the Council and prepares the documentation for them;

3. coordinates the work of the secretaries of the Attorneys Councils in the country;

4. manage the activities of the employees and auxiliary staff.

5. coordinates the activities of the subordinate bodies of the Council;

6. ensure technically and administratively the whole work of the Supreme Attorney Council.

Section II

Supreme Control Council

Article 93

The Supreme Control Council is comprised of five members. Attorney with at least 10 years of practice may be elected as members.

Article 94

(1) The Supreme Control Council oversees the financial activities of the Supreme Attorney Council and controls the activities of the control councils of the Attorneys Colleges.

(2) The Supreme Control Council reports before the General Assembly of Attorneys in this Country.

Section III

Supreme Disciplinary Court

Article 95

(1) The Supreme Disciplinary Court is composed of 15 members. Attorneys with practice of over ten years may be elected as members.

(2) Disciplinary cases against members of the Attorneys Councils, controlling councils and the disciplinary courts of the Colleges, of the Supreme Attorneys Councils the Supreme Control Council and the Supreme Disciplinary Court under the jurisdiction of the Supreme Disciplinary Court as first instance.

(3) The cases shall be heard by the Supreme Disciplinary Court composed of: a chairman and four members. The cases against members of the Supreme Attorney Council, the Supreme Control Council and the Supreme Disciplinary Court shall be heard by seven members.

(4) The decisions of the Supreme Disciplinary Court sitting as court of first instance are subject to appeal before the Supreme court of Appeal within fourteen days of pronouncement.

Section IV

Election of the Supreme Attorney Council,
Supreme Control Council and Supreme Disciplinary Court

Article 96

The elections for a Supreme Attorney Council and its chairman, Supreme Control Council and Supreme Disciplinary Court and its chairman are conducted by the General Assembly of Attorneys in this Country for a term of 3 years. The elections are held by secret ballot under the conditions and in accordance with the procedure in Chapter Three, section VI of the present Act on the first Saturday and Sunday in March.

Article 97

(1) No one may be elected member or chairman of the Supreme Attorney Council, the Supreme Control Council or the Supreme Disciplinary Court for more than two consecutive terms.

(2) An attorney who is a member of the Attorney Council, Supreme Control Council or The Supreme Disciplinary Court.

Article 98

(1) The chairmen of the attorney councils - delegates to the General Assembly of Attorneys in this Country, may challenge the validity of the elections by a complained filed with the Supreme Attorney Council to the Supreme Court of Appeal within seven days of their staging.

(2) The Supreme Court of Appeal hears the application in an open session at a plenary session chaired by the chairman of the court with the participation of the chief prosecutor and rules within 14 days.

(3) If the Supreme Court of Appeal rules that the elections were not valid, it orders the Supreme Attorney Council to hold new elections. In this case the General Assembly of Attorneys in this Country is summoned within a period of one month of communication of the ruling for new elections.

Chapter Six

DISCIPLINARY VIOLATIONS AND
PENALTIES DISCIPLINARY PROCEDURE

Article 99

The attorney bears disciplinary responsibility for breaches and violations of his duties.

Article 100

Failure to perform the duties envisaged in the present Act and he ordinance of the Supreme Attorney Council shall be deemed as violations, as well as:

1. omissions and tardiness in the work performed which have led to compromise of the rights and interests of the client;

2. failure to perform the duties under articles 20-31 inclusive;

3. compromise of the prestige of the profession when on duty or outside it;

4. breach of professional ethics, morality and camaraderie;

5. misrepresentation of income before the tax authorities.

Article 101

(1) The following penalties are envisaged for disciplinary violations:

1. reprobation

2. fine from 100 to 1000 levs;

3. divestment of the right to be elected in the governing bodies for a period of one to three years;

4. divestment to the right to practise for a period of one year;

5. divestment of the right to practise forever.

(2) Prohibition to be elected in the governing bodies of attorneys may be levied in concurrence with another punishment.

(3) Reprobation and fine may be levied concurrently.

(4) For relatively miner violation the chairman of the disciplinary court may address a personal warning to the attorney at fault.

(5) Fines are collected to the account of the Attorneys Colleges.

Article 102

(1) The disciplinary prosecution lapses six months after the violation has become known, but not later than one year from its commission. The intervention of a lawful reason puts an end to the period of lapsing.

(2) The investigation of criminal or administrative proceedings does not overrule disciplinary responsibility and does not terminate the period of lapsing.

Article 103

(1) Legal grounds for the instigation of disciplinary proceedings may be claims by citizens and juridical persons communicated by judicial and administrative bodies and information from the governing bodies of attorneys.

(2) Anonymous signals and communications do not represent lawful grounds for the instigation of disciplinary proceedings.

Article 104

(1) Disciplinary proceedings are initiated by decision of the Attorney Council or the Supreme Attorney Council on the basis of valid grounds.

(2) Before making a pronouncement as to the instigation of disciplinary proceedings the Attorney Council is obliged to inform the attorney, who may present his explanations within a period of seven days of communication.

(3) After expiry of the fixed term envisaged in the previous paragraph, the Chairman of the Attorney Council entrusts one principal or reserve member of the Council to conduct an investigation with regard to the presence of the needed preconditions for the initiation of disciplinary proceedings. The performance of the investigation is obligatory and should be completed within one month.

(4) The member of the Attorney Council selected to perform the investigation may be challenged by the attorney against whom disciplinary proceedings have been initiated or by interested parties on the same grounds as those for the challenge of the participation of a judge in court proceedings.

(5) Investigations outside the region of the Attorney College may be carried out by the reporting member of the Attorney Council, or may be entrusted to be performed by delegation by the Attorney Council in the respective Attorney College.

Article 105

(1) After the investigation has been completed the reporting member presents the file to the Attorney Council which issues an ordinance for starting disciplinary proceedings against the respective attorney or for the termination of such.

(2) When an ordinance for starting disciplinary proceeding is issued, the Attorney Council determines the member of the Council who is to formulate the disciplinary accusation and sustain it before the Disciplinary Court. The ordinance together with the file are sent to the Disciplinary Court.

Article 106

(1) The chairman of the Disciplinary Court institutes a disciplinary case, determines the chairman and members of the disciplinary bench and schedules a hearing not later than one month therefrom.

(2) A copy of the disciplinary accusation with the relevant list of evidence on which it is based are sent to the attorney who within a period of seven days of communication may issue a protest and state his evidence.

Article 107

The Disciplinary Court hears the case in the following composition: chairman and two members where the seniority of the members is determined by the length of service.

Article 108

(1) The Disciplinary Court hears the case with the participation of a member of the Attorney Council selected to uphold the accusation.

(2) The accused attorney in the disciplinary case has the right to legal defence.

(3) The hearings of the Disciplinary Court are not held in public.

(4) Addicted in the course of disciplinary proceedings are all types of evidence relevant to the subject matter. The proceedings are held in accordance with the stipulations of the Code of Criminal Procedure in as much as the present Act does not stipulate otherwise.

Article 109

(1) In connection with disciplinary cases the court rules by a decision with which it levies a disciplinary penalty on the attorney commensurate to the degree of his guilt or acquits him.

(2) The decision is declared after secret deliberations, by a majority decision of the participants on the bench.

(3) None of the participants in the disciplinary proceedings as members of the bench may abstain from voting. A member of the bench who is not in agreement with the opinion of the majority, signs the decision stating his motives for dissent.

Article 110

The decision of the Disciplinary Court may be appealed by the parties within a period of seven days from pronouncement before the Disciplinary Court of the Supreme Disciplinary Court.

Article 111

The Chairman of the Supreme Disciplinary Court within a term of seven days from receiving the petition, initiates proceeding and selects members of the bench, who hear the case at a closed session within one month of its institution.

Article 112

(1) The Supreme Attorney Council, comprised of three members hears the case the chairman being selected by seniority.

(2) A member of the Supreme Disciplinary Council presents a conclusion before the Supreme Disciplinary Court as to the validity of the appeal.

(3) The claimant may be defended by an attorney before the court of second instance.

Article 113

The Supreme Disciplinary Court pronounces itself with a decision with regard to the claim. The decision is final. In the cases envisaged in art. 101, para 1, item 5, the decision may be appealed within a term of seven days of communication before the Supreme Court of Appeal.

Article 114

The decisions of the disciplinary courts which have entered in to force may not be repealed or challenged by the procedure for court supervision

Article 115

The penalties levied in accordance with art.101, para 1 items 4 and 5 are entered on the register of the Attorney College and the Supreme Attorney Council.

Article 116

With regard to a fine imposed by the chairman of the Attorney Council and the Disciplinary Court in accordance with the present Act, the regional court issues an executive order for the account of the Attorney College.

SUPPLEMENTARY PROVISIONS

§ 1. The time spent working as a judge, prosecutor, investigator arbiter, legal adviser, notary, executive judge, a lawyer in a legal department lecturer or research associate in legal sciences shall count as practices an attorney.

§ 2. With regard to the procedure and method of serving notices in connection with the present Act in so far as nothing else is provided for, the Code of Civil Procedure shall apply.

§ 3. A person who practises the profession of attorney without being entered on the register of an Attorney College in this Country, shall be fined a penal fine of 100 to 1000 levs if his actions do not constitute a criminal offence.

§ 4. The fine in accordance with the previous paragraph is set with a penal ordinance, issued by the Chairman of the Supreme Attorney Council or by a member of the council authorized by him on the basis of an act issued by the chairman of the Attorney Council or a member of the College authorized by him.

§ 5. For legal aid rendered to foreign nationals abroad or in the country the attorney remuneration may be negotiated in foreign currency.

TRANSITIONAL AND CONCLUDING PROVISIONS

§ 6. The disciplinary proceedings that have not been concluded shall be completed in accordance with this Act.

§ 7. Persons who have acquired rights to practice as attorneys before the entry into force of the present Act, retain their rights, and junior attorney acquire rights as attorneys irrespective of the duration of their training and shall be entered on the register of the Attorney College.

§ 8. The bodies of the Attorney College and the Central Council of Attorneys elected up to the entry into force of the present law organs continue to operate until new bodies are elected.

§ 9. (1) Within a period of four months from the entry into force of the present Act, the Attorneys Councils shall schedule a General Assembly for the election of new bodies of the College.

(2) within a period of three months from the election of bodies of the Attorney College, the Attorneys Councils shall liquidate the Attorneys Colleges existing at the time of adoption of this Act.

(3) The assets and liabilities of the liquidated Attorneys teams are assumed by the Attorneys Colleges.

§ 10. (1) within a period of two months of holding elections for bodies of the Attorney College, the Central Council of Attorneys shall schedule an extraordinary General Assembly of Attorneys of this Country for the election of a Supreme Attorney Council, Supreme Control Council and Supreme Disciplinary Court.

(2) Within a period of three months after election of bodies in accordance with the previous paragraph, the Supreme Attorney Council shall liquidate the Central Council of Attorneys, The assets and debts of the liquidated Central Council of Attorneys shall pass on to the Supreme Attorney Council.

(3) The liquidation of the Attorneys Office for Work with Foreign nationals and Abroad affiliated to the Central Council of Attorneys shall be carried out by the Supreme Attorney Council not later than the term specified in the preceding paragraph. The assets and liability pass over to the Supreme Attorney Council.

§ 11. Up to the election of the Supreme Attorney Council and the determination of the initial and annual fees of the attorneys, for its budget Directive No. 3 for the implementation of art.36 of the Decree for attorneys (State Gazette No. 10 of 1978; amended No. 70/1982 and No. 8/1990) remains temporarily in force.

§ 12. This Act shall enter into force three days after its promulgation in the State Gazette and shall supersede Decree No. 1842 on the attorney profession (State Gazette No. 96 of 1976).

This Act was submitted to a vote and duly adopted by the Grand National Assembly on September 12th, 1991, and the State Seal was affixed hereto.

Chairman of the Grand National Assembly: Nikolai Todorov