Minimal remunerations

REGULATION No. 1 of 09.07.2004 for the minimum lawyer’s remunerations, amended State Gazette, issue 28 of 28.03.2014.

Section I.
General Provisions

Art. 1. The amount of the remuneration for the rendered by the lawyer legal assistance shall be determined by free negotiation on the grounds of a written agreement with the client, but shall be not less than the specified in this regulation minimum remuneration for the relevant assistance.

Art. 2. (1) When there is no written agreement the lawyer’s remuneration is determined by the Bar Council under Art. 36, para. 3 of the Bar Act.
(2) In the cases under article 38, para. 2 of the the Bar Act, the due remuneration to the lawyer shall be determined by the court or by the pre-court proceeding authorities according to the present regulation.
(3) The payment of remuneration under this regulation is payable in advance for the date of signing of the contract for legal assistance. It may be deferred in several installments.

Art.3. When an amicable settlement of the dispute is achieved or the trial ends with an agreement, reconciliation or settlement or it is terminated due to withdrawal or refusal of the request, the submitted remuneration is not returnable.

Art. 4. When the client unreasonably rejects the concluded agreement, the deposited remuneration shall not be returned.

Art. 5. The Lawyers may render legal assistance free of charge to:
1. financially embarrassed persons;
2. persons who have the right of support and alimony;
3. relatives and relations, and to attorneys.

Section II.
Remunerations for advice, references, drawing up of papers and agreements

Art. 6. Remunerations for advice, reference, drawing up of papers and agreements are as follows:
1. For oral advices and reference in court and administrative bodies, etc. - 20 BGN;
2. For written consultation - 40 BGN;
3. For examination of a case with providing of an opinion - 60 BGN;
4. For litigations to the public prosecutor's office and the police - 50 BGN;
5. For notary invitations, for applications for acceptance or refusal of heritage, for drawing up of papers for notary entry application for remission and for other applications - 50 BGN;
6. application for waive or restoration of Bulgarian citizenship - 200 BGN;
7. for drawing up testaments and wills - 150 BGN;
8. for drawing up: written agreements, deeds of ownership, deeds of sale, exchange, donation, mortgage, superficion and servitudes, out-of-court settlements, and also for preparing and drawing up of deeds under circumstance inspection based upon the relevant deed or agreement price:
a). For an interest up to 1000 BGN - 50 BGN;
b). For an interest from 1000 to 10 000 BGN - 150 BGN + 1 per cent for the surplus above 1000 BGN;
c). For an interest from 10 000 to 50 000 BGN - 250 BGN + 0.5 per cent for the surplus above 10 000 BGN;
d) For an interest from 50 000 to 100 000 BGN - 500 BGN + 0.2 per cent for the surplus above 50 000 BGN;
e) For an interest above 100 000 BGN - 700 BGN + 0.1 per cent for the surplus over 100,000 BGN.;
9. For the establishment, registration and registration of changes in the relevant register of:
a) Sole Trader - 150 BGN;
b) General partnership - 180 BGN;
c) Corporation - 200 BGN;
d) Limited Liability Company - 300 BGN;
e) Joint Stock Company - 600 BGN;
f) Co-operative Partnership - 250 BGN;
g) Housing Association - 250 BGN;
h) Foundations and non-profit companies - 350 BGN;
i) For conversion of a company under Chapter XVI of the Commerce Act, the remunerations, provided in letters "b" - "e", are increased by 50 per cent;
10. (repealed);
11. For current legal assistance under treaty with the legal entity or sole trader - 400 BGN per month; for legal representation, protection and assistance in cases and for the preparation of pappers under Art. 6 pt. 3-5, ie. 8-9 assigned by the relevant legal entity or a sole trader, the lawyer is due a separate remuneration under this regulation;
12. for agreed hourly consulting work - 60 BGN per hour.

Section III.
Remunerations under civil and administrative cases per instance

Art. 7. (1) For procedure representation, protection and assistance under civil cases, the remunerations are as follows:
1. repealing dismissal (art. 344, para. 1, p. 1 LC) or reinstatement (art. 344, para. 1, p. 2 LC), when the suit is brought independently - not less than the amount the minimum wage at the time of conclusion of the contract for legal assistance or the remuneration pursuant to Art. 2; for other unrated claims - 200 BGN .; for labor cases with specified interest - according to par.2;
2. for dissolution of a marriage with a claim - 600 BGN, and for divorce by mutual consent - 400 BGN, as for the preparing of the agreement for settlement of property art. 6 pt. 8 is applied;
3. for fatherhood and paternity litigation - 500 BGN;
4. other unrated claims - 300 BGN;
5. security procedures and procedure for evidence affection - 300 BGN;
6. of the defendant attorney in alimony cases - 300 BGN;
7. in proceedings for private appeals - 1/3 of the minimum size of an instance according to the object of the case and the interest of the party, but not less than the provided in Art. 11;
8. for institution and defense in proceedings the amendment of a an obvious factual error - 200 BGN;
(2) For procedure representation, protection and assistance in cases with specified interest the remunerations are as follows:
1. For an interest up to 1 000 BGN - 300 BGN;
2. For an interest from 1 000 to 5 000 BGN - 300 BGN + 7 per cent for the surplus above 1000 BGN;
3. For an interest from 5 000 to 10 000 BGN - 580 BGN + 5% for the surplus above 5 000 BGN;
4. For an interest from 10 000 to 100 000 BGN - 830 BGN + 3% for the surplus above 10 000 BGN.
(3) For procedure representation, protection and assistance in cases of insolvency the remuneration is calculated on the basis of the claimed takings under the methods in para 2, but not less than 800 BGN;
(4) For procedure representation, protection and assistance in cases of partition the remuneration is determined in accordance with the interest of the represented party as per the provisions of para 2, but not less than 800 BGN.
(5) For procedure representation, protection and assistance in proceedings to secure a future claim, in proceedings for issuing a writ of execution under Art. 405, para. 3 and 4 of the CCP and in proceedings for an order for execution, the remuneration is determined under the provisions of par. 2 on the basis of half of the values of the claimed amounts.
(6) In defense in cases with more than two meetings for each subsequent meeting extra 100 BGN should be paid.

Art. 8. For procedure representation, protection and assistance in administrative cases the remunerations are as follows:
1. For an interest up to 1 000 BGN - 300 BGN;
2. For an interest from 1 000 to 5 000 BGN - 300 BGN + 7 per cent for the surplus above 1 000 BGN;
3. For an interest from 5 000 to 10 000 BGN - 580 BGN + 5 per cent for the surplus above 5 000 BGN;
4. For an interest from 10 000 to 100 000 BGN - 830 BGN + 3 per cent for the surplus above 10 000 BGN;
5. For an interest from 100 000 to 1 000 000 BGN - 3530 BGN + 1 per cent for the surplus above 100 000 BGN;
6. For an interest from 1 000 000 to 10 000 000 BGN - 12 530 BGN + 0.3 per cent for the surplus above 5 000 BGN;
7. For an interest above 10 000 000 BGN - 39 530 BGN + 0.1 per cent for the surplus over 10 000 000 BGN.
(2) For procedure representation, protection and assistance in administrative cases without a material interest:
1. For cases under the Spatial Development Act and the Cadastre and Property Registry Act - 600 BGN;
2. For cases under the Social Insurance Code - 350 BGN;
3. For cases under the Ministry of Interior Act - 400 BGN;
4. For cases under the Bulgarian public standard Act - 350 BGN;
5. For cases under chapter XI of the Public Procurement Act - 500 BGN.
(3) For annulment of order for termination of official relationship, the remuneration is determined by the rules of art. 7, para. 1 pt. 1, letter "a".

Art. 9. (1) For drawing up an appeal, a response of an appeal and drawing up a written response to a claim without appearance in court, and for research of a civil case and re-signing of cassation appeal under art. 284, para. 2 CCP, when it is not prepared by the re-signing lawyer, the remuneration is at the amount of 3/4 of the remuneration under Art. 7 or 8, but not less than 300 BGN.
(2) For drawing up of a cassation appeal with grounds for admission of cassation appeal under art. 280, para. 1 CCP without appearance in court, the remuneration is at the amount of 75% of the remuneration under art. 7 or 8, but not less than 600 BGN.
(3) For drawing up a response to an cassation appeal with grounds for admission of cassation appeal under art. 280, para. 1 CCP without appearance in court, the remuneration is at the amount 75% of the remuneration of art. 7 or 8, but not less than 500 BGN.
(4) For drawing up an application for annulment of a final decision without appearance in court, the remuneration is at the amount of 3/4 of the remuneration under art. 7 or 8, but not less than 300 BGN. When the lawyer appears before the court, the remuneration is not less than 500 BGN.

Art. 10. For procedure representation, protection and assistance in executory cases the remuneration is as follows:
1. for initiating the executory case - 200 BGN;
2. for procedure representation, protection and assistance to the parties under executory case and commitment of actions for the satisfaction of monetary receipts - 1/2 of the relevant remunerations, specified under article 7, para 2;
3. for procedure representation, protection and assistance under executory cases, which have as subject entry or moving out a real estate - 1/2 of the relevant remunerations, specified in article 7, para 2, based on the cost of the real estate;
4. for carrying out of executory actions apart from the specified cases - 200 BGN.

Art. 11. For letters rogatory, for drawing up private appeals, for appealing the actions of the bailiff, of the notary or of refusal of entry in the Registry Agency or another register - 200 BGN, and when the appeals are considered at an open session- 300 BGN.

Section IV.
Remunerations under penalty and administrative cases for one instance

Art.12. The remuneration for procedure representation, protection and assistance in pre-court proceedings is at the amount under art. 13, para 1. When conducting proceedings on different days, 100 BGN for each consecutive day are due to the lawyer.

Art. 13. (1) For defense of the accused, the private accuser or the private claimant the remuneration is:
1. in cases where the crime is punishable by a fine or probation - 400 BGN;
2. imprisonment up to 5 years - 500 BGN;
3. imprisonment up to 10 years - 800 BGN;
4. imprisonment up to 15 years - 1500 BGN;
5. imprisonment - more than 15 years - 2 000 BGN;
6. life imprisonment - 3000 BGN;
7. in cases of agreement when the attorney has not taken part in the criminal prosecution - 400 BGN;
8. for appearance before court under measures of procedural compulsion if the attorney has not participated in the criminal procedures according by proxy - 400 BGN;
9. for investigation of a case without participation in the criminal proceedings - 300 BGN;
(2) For procedure representation, protection and assistance of civil petitioner or civil defendant, the remuneration is determined under the rules of art.7, para 2, but not less than 400 BGN.

Art. 14. When the court session under a penalty case continues more than one day, the additional remuneration for each following day is 100 BGN per day.

Art. 15. For drawing up appellate or cassation appeal without appearance before the court, the remuneration is at the amount of ? of the remuneration under art. 13.

Art. 16. For private appeals under criminal cases the remuneration is 200 BGN, and when appeals are considered at an open session - 400 BGN.

Art. 17. Negotiation of e resultant fee under criminal cases, including for civil claims, plead in a criminal procedure, is unacceptable.

Art. 18. (1) For drawing up an appeal against penalty decree without appearance before the court, the remuneration is at the amount under art. 7, para 2 in accordance with the amount of the penalty, but not less than 50 BGN.
(2) For procedure representation, protection and assistance in cases against penalty decrees, in which the administrative penalty is under the form of fine, property sanction and/or property compensation is imposed, the remuneration is determined under the provisions of art. 7, para 2 over the amount of the sanction, the compensation, respectively, but not less than 300 BGN.
(3) For procedure representation, protection and assistance in administrative-penalty cases, different than the cases under para 2, the remuneration is 300 BGN.

Section V.
Remunerations for participation in specifically regulated by law proceedings for one instance

Art. 19. For procedure representation, protection and assistance in proceedings under the Health Act, the minimum remuneration is 300 BGN.

Art. 20. For procedure representation, protection and assistance in independent court proceedings under the Child Protection Act, the minimum remuneration is 400 BGN.

Art. 21. For procedure representation, protection and assistance in proceedings under art. 70 and art.72 of the Family Code, the minimum remuneration is 400 BGN.

Art. 22. For procedure representation, protection and assistance in proceedings under the Protection Against Domestic Violence Act, the minimum remuneration is 400 BGN.

Art. 23. For procedure representation, protection and assistance in proceedings under the Extradition And European Arrest Warrant Act, the minimum remuneration is 500 BGN.

Art. 24. For procedure representation, protection and assistance in proceedings under the Decree on Minor Hooliganism, the minimum remuneration is 500 BGN.

Art. 25. For procedure representation, protection and assistance in proceedings for exequatur, the minimum remuneration is 300 BGN.

Art. 26. For procedure representation, protection and assistance in delegation proceedings, where the lawyer is not involved in the whole case, the minimum remuneration is 300 BGN.

Art. 27. For legal assistance and protection of a witness as per Art. 122 of the Criminal Procedure Code, if the lawyer is not involved in the whole case, the minimum remuneration is 300 BGN.

Art. 28. For procedure representation, protection and assistance in restraining order proceedings, where the lawyer is not involved in the whole case, the minimum remuneration is 400 BGN.

Art. 29. For procedure representation, protection and assistance in cumulation proceedings, the minimum remuneration is 400 BGN.

Art. 30. For drawing up the application under Art. 368 of the Criminal Procedure Code, the minimum remuneration is 400 BGN.

Art. 31. (1) For procedure representation, protection and assistance in proceedings for resumption of a criminal case, the remuneration is not less than the minimum for one instance.
(2) For drawing up a request for resumption of a criminal case, without appearance before the court, the remuneration is at the amount of ? of the remuneration under para 2.

Art. 32. For procedure representation, protection and assistance in proceedings on issues of implementation of a sentence of a foreign court under Art. 457, para. 2 of the Criminal Procedure Code, the minimum remuneration is half of the minimum for an instance, consistent with the type and amount of punishment.

Art. 33. For procedure representation, protection and assistance in proceedings under the Control of Juvenile Anti-social Behaviour Act, the minimum remuneration is 300 BGN

Art. 34. For procedure representation, protection and assistance in proceedings before the Commission for Protection against Discrimination and before the Commission for protection of competition, beyond the cases under Art. 8, para. 2 pt. 5, the remuneration is 500 BGN.

ADDITIONAL PROVISIONS
§ 1. For all unforeseen un this regulation circumstances the remuneration shall be determined by analogy.
§ 2. In the cases under art. 64, par. 4 of the Code of Civil Proceedure (repealed), as well as in the cases under art. 78, para 5 of the Code of Civil Proceedure and art. 161, para 2 of the Tax and Social Insurance Procedure Code, the adjudicated remuneration may not be lower than twice the amount of the remunerations referred to in this regulation.

§2a. For the lawyers unregistered under the Value Added Tax Act, the amount of the remuneration under this regulation is VAT excluded, and for the registered lawyers the VAT is charged over the remunerations under this Regulation and is considered an integral part of the lawyer’s remuneration due by client.

FINAL PROVISIONS
§3. This regulation has been accepted with decision of the Supreme Barristers’ Council of 09.07.2004 and shall be issued by virtue of article 121, para 1 in reference with article 36 and 38 of the Attorney Act (The Official Gazette, No. 55 / 2004) and revokes Regulation No. 1 of 19.