Bulgaria International Trade in Legal Services

Is there legislation governing the legal sector

The Bulgarian Bar Act 2004

Under what title do lawyers practise?

???????? or advocate

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

According to the Bar Act 2004, Article 4. (1) Any Bulgarian national with civil capacity may become an attorney-at-law, provided he or she satisfies the following condition, He/She: 1) has a higher degree in law; 2) has competency to practise law; 3) has at least two years of legal practice experience; 4) has passed the Bulgarian Bar exam, except for the special cases listed under Article 6, Paragraph 3 of the Act; and 5) exhibits the required ethical and professional qualities to exercise the legal profession.

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

The licence to practise in Bulgaria is a national one.

The practice of law in Bulgaria is defined in Article 24 of the Bulgarian Bar Act ""(1) The exercise of the legal profession shall include
1. oral or written consultations and opinions on legal issues; 2. drafting of all types of papers - petitions, complaints, applications, appeals, etc., in relation to the assignment made by the client; 3. Representation of clients and protection of their rights and legal interests before bodies of the judiciary, administrative authorities and services, as well as before individuals and legal entities." Practice before the Supreme Administrative Court or Court of Cassation requires five years’ experience as a Bulgarian attorney.

Full rights of practice require Bulgarian or EU nationality. Other nationalities may obtain limited rights.

The legal profession may only be exercised by an attorney-at-law, practising alone or as a member of a partnership. An attorney-at-law may only be an individual who has taken oath and is inscribed in the register of the Bar Association.

What other ethical or regulatory requirements must a licensed lawyer comply with? 

E????? ?????? ?? ???????? (the ethical code for lawyers) available at www.vas.bg (the website of the Supreme Bar Council)

Do law firms need to receive a "license" (or permission/approval) to practice law?

 Law firms must register the 'contract' between an attorney at law and a law firm with the Bar. Article 58 sets out that 'A law firm shall be established by virtue of a contract between two or more attorneys-at-law. The contract shall be made in writing and set out:
1. The name of the firm; 2. The names and addresses of the offices of associate attorneys-at-law; 3. The seat and address of the firm; 4. Objects; 5. The type and amount of contributions of each associate and an assessment of non-monetary contributions; 6. The manner of distributing income and expenses; 7. The manner of managing and representing the firm; 8. The conditions of admission of new associates; 9. The conditions in compliance with which associates may leave; 10. Grounds for the exclusion of an associate; 11. Grounds for termination of the firm; 12. The manner of liquidation of the firm.  Article 61 (1) A law firm shall be inscribed at the Bar Council, in a special register, by virtue of a decision, based on an application, signed by all attorneys-at-law who have executed the Articles of Association. The Articles of Association shall be attached to the application for inscription.

Which authority issues licences? Are there different authorities for individuals and firms? 

The Supreme Bar Council has the power to admit, strike off and maintain the list of all practising lawyers in Bulgaria. It also maintains the register of offices in which attorneys work (www.vas.bg)

Is the jurisdiction a member of the WTO?

Bulgaria joined the WTO on 1 December 1996

Has it made any commitments under GATS in legal services?

Bulgaria has made commitments in modes 1-3 to permit foreign legal consultants to provide advice in their home country law and in public international law. This excludes legal representation in front of judicial, non-judicial and administrative bodies as well as preparation of legal documents for such procedures; drafting of legal opinions concerning laws other than the law of the jurisdiction where the service supplier is qualified as a lawyer; and out-of-court legal representation related to the rights and obligations of Bulgarian nationals. The establishment of foreign service suppliers, joint ventures included, may only take the form of limited liability company or joint stock company with at least two shareholders. Establishment of branches is subject to authorization. Unbound for representative offices. Representative offices may not engage in economic activity. Temporary presence of business visitors is permitted where sales are not being made directly to the public.

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

As a member of the European Union, Bulgaria extends special treatment to individuals and businesses from other EEA states (EU plus Norway, Iceland and Liechtenstein. Moreover, Bulgaria is also party to the EU's many bilateral agreements with other countries and free trade areas.

The EU has comprehensive provisions covering the free movement of lawyers from EEA countries (EU plus Norway, Iceland and Liechtenstein) and Switzerland. These include the Establishment Directive for Lawyers (98/5/EC), the Lawyers' Services Directive (77/249/EC), the Framework Services Directive (2006/123/EC) and the Professional Qualifications Directive (2005/36/EC). Collectively these directives permit EEA lawyers to provide services freely cross border within the EEA, to establish and provide legal services in host as well as home country and international law and to requalify as a host country lawyer. There are limitations on the applicability of the Establishment Directive to EEA and Swiss lawyers holding specific legal titles and EEA (or Swiss) nationality. Provisions covering trade in services are included in the EU's Free Trade Agreements (FTAs) with South Africa, Mexico, Chile, Colombia, Peru, Central America and Korea. Of these, only the agreement with Korea contains newly liberalizing measures on legal services on the Korean side, and on the EU side offers no concessions beyond those offered to other members of the WTO. Legal services have also been included in the EU’s recent agreement with Canada and bind previous autonomous liberalization. The other agreements simply contain a commitment from both sides to 'progressive liberalization' of trade in services. Negotiations for future FTAs which might include provisions on legal services are ongoing with: Mercosur, Gulf Cooperation Council, India, Japan, Morocco, Ukraine, Moldova, Georgia, Armenia, Singapore, Malaysia, the US and Vietnam.

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

Lawyers from the EU, EFTA or Switzerland are covered by the various EU directives covering legal services (The Lawyers' Establishment Directive 98/5/EC, the Lawyers Services Directive 77/249/EC). The result of these directives is that any EU, EFTA or Swiss lawyer can provide legal assistance in Bulgarian as well as foreign and international law and can requalify as a Bulgarian advocate.  Foreign lawyers from outside these countries are more restricted in their scope of practice and may not requalify.

There are around 10 or so foreign law firms established in Bulgaria from other EU member states: UK, Italy, Greece, Germany and Austria.

EU, EEA and Swiss lawyers who hold recognised professional titles and European nationality may provide temporary services in Bulgaria on an unrestricted basis without registering with the Bar (though in order to appear in court they must be introduced by a Bulgarian lawyer). Lawyers from other countries must open an office if they want to provide services in Bulgaria but they may appear in court on specific cases.

Bulgaria grants business visas to foreign lawyers but these visas to not permit direct sales to the public.

Non EEA and Swiss foreign lawyers can register with the Supreme Council of the Bar to practise as a foreign attorney. This status permits them to practise the law of the country in which they are qualified and international law. EEA and Swiss lawyers may additionally practise European law and Bulgarian law in association with a Bulgarian lawyer.

A foreign lawyer must use his home professional title and register his office with the Supreme Bar Council.

A foreign lawyer must provide evidence from their home licensing authority that they are suitably qualified and have a clean disciplinary record.

Only those holding Bulgarian nationality, or registered European lawyers may appear in court. Lawyers from other countries may appear on specific cases following Article 10 of the Bulgarian Bar Act "(1) A foreign country national who has competency to practice law in accordance with the legislation of his or her own country, may appeal before judicial bodies of the Republic of Bulgaria as defence-counsel of a national of his or her own country, acting on a specific case, together with a Bulgarian attorney-at-law, in cases where this has been envisaged in an agreement between the Bulgarian and the respective foreign state, or on the basis of mutuality, making a preliminary request to this effect to the Chairperson of the Supreme Bar Council".

Can a foreign law firm obtain a licence to open an office?

Foreign firms must register all their partners in Bulgaria and they must also continue to be licensed and qualified in their home countries. Foreign law firms are not entered on the unified register of law firms.

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

Foreign law firms can only practise in the forms provided by the Bulgarian Bar Act. In effect, given that all partners must be registered in Bulgaria, a foreign law firm can only establish a Bulgarian subsidiary and cannot open a branch office.

Yes - unless they are EEA or Swiss lawyers, a foreign lawyer may not be a partner in a law firm registered in Bulgaria.

Bulgarian lawyers may be employed by EEA or Swiss law firms  - see article 77 of the Bulgarian Bar Act

No - all partners must be Bulgarian lawyers

Yes

Supreme Council of the Bar: www.vas.bg