site.btaParliament Adopts Bill on First Reading to Allow Lawyers to Advertise Own Activities

Parliament passed on first reading two bills to amend the Bar Act here on Wednesday, which stipulate that lawyers should be able to advertise their activities, and their remuneration should not have a minimum amount. The draft of the Council of Ministers received 140 votes in favour, while that of Anna Aleksandrova of GERB-UDF and a group of MPs was adopted with 127 votes in favour.

The motivation points out that the European Commission has initiated an infringement procedure against Bulgaria because of the incompatibility of the ban on lawyers advertising their activity and attracting clients through the use of an intermediary. The amendments aim to promote the activity of lawyers in compliance with the requirements of the law and the ethical norms of the legal profession. Restrictions on the use of false or misleading information, unwarranted comparisons with other lawyers and the promise of specific results have been settled.

The amendments remove the prohibition on negotiating fees below a certain minimum amount and the related disciplinary liability, as well as the obligation for the court to be bound by such a minimum fee when determining liability for costs. In the absence of an agreed remuneration for the legal assistance provided, the Bar Council shall determine such remuneration on the basis of criteria laid down in an ordinance issued by the Minister of Justice on the proposal of the Supreme Bar Council.