Georgiev, Todorov & Co  
Georgiev, Todorov & Co.
SAC repeals a  provision on the minimum amounts for lawyers' fees  

SAC repeals a provision on the minimum amounts for lawyers' fees

29.07.2016

With Decision № 9273 from 27.07.2016 on administrative case 3002/2015, the Supreme Administrative Court of the Republic of Bulgaria – Third Division revoked the provision of art.7, para.2, item 4 of Ordinance №1 from 09 July 2004 on the minimum amounts for lawyers’ fees, adopted with Ordinance amending and supplementing Ordinance №1 from 09 July 2004 on the minimum amounts for lawyers’ fees (SG, issue 28 from 28 March 2014).

The reasoning indicates that the content of the contested provision of Article 7, paragraph 2, item 4 of Ordinance №1 from July 9, 2004 for minimum size of lawyers' fees, which provides that the size of the fees are contingent solely upon the size of the material interest protected, is inconsistent with the provisions of Article 36, paragraph 2 of the Attorney Act, Article 56 and Article 122 of the Constitution of Republic of Bulgaria as it may lead to restrictions on the constitutionally guaranteed opportunity for citizens or legal persons to defend their rights in court and receive legal protection and assistance.

The Decision is subject to appeal before a five-member panel of the Supreme Administrative Court.