Член 38 от българския Закон за адвокатурата
Article 38 of the Bulgarian Bar Act

Author(s): Stanislav Stanev
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: attorney; free legal aid; Art. 38 BA
Summary/Abstract: The provision of free legal aid (also known as pro bono) is a popular legal regulation in the lawyer’s profession. In Bulgaria, the provision of free assistance by a lawyer is regulated in Art. 38 of the Bar Act (BA). The first paragraph of the regulation lists the categories eligible to receive free legal aid. The second paragraph entitles the lawyer to receive remuneration if his/her engagement under the previous paragraph was successfully concluded in court. These rules are relatively rarely used, that is why in many cases judicial acts create controversial practice.The study analyses some specific points such as the possibility of partial application of Art. 38; the lawfulness of negotiating remuneration below the minimum regulated by Ordinance No. 1 of the Supreme Bar Council; the rights under the Art. 38 (2) BA of a lawyer who has been engaged under the first subparagraph and whose power of attorney has been withdrawn before the end of judicial activities, etc.

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