Fees

Ordinance No. 1 of 9 July 2004 on minimum lawyers’ fees

Issued by the Supreme Bar Council. Promulgated in State Gazette No. 64 of 23 July 2004; amended in No. 2 of 9 January 2009 and No. 43 of 8 June 2010; amended and supplemented in No. 28 of 28 March 2014. The following is a translation of the archived text published on the original website.

Section I. General provisions

Article 1. Fees for legal assistance provided by a lawyer are freely agreed in a written contract with the client, but may not be lower than the minimum prescribed by this Ordinance for the relevant type of assistance.

Article 2. (1) In the absence of a written contract, the fee is determined by the Bar Council under Article 36(3) of the Bar Act.

(2) In cases under Article 38(2) of the Bar Act, the fee payable to the lawyer is determined by the court or the pre-trial authorities in accordance with this Ordinance.

(3) Payment under this Ordinance is made in advance and is due on the date the legal assistance contract is concluded. It may be divided into several instalments.

Article 3. Where a dispute is resolved voluntarily, proceedings end in a settlement, conciliation or agreement, or are terminated following withdrawal or waiver of the claim, the fee paid is not refunded.

Article 4. Where the client withdraws from the contract without good reason, the fee paid is not refunded.

Article 5. Lawyers may provide free legal assistance to: 1. persons in financial difficulty; 2. persons entitled to maintenance; 3. close acquaintances, relatives and legal professionals.

Section II. Fees for advice, enquiries, documents and contracts

Article 6. Fees for advice, enquiries and preparation of documents and contracts are:

• 1. Oral advice and enquiries at courts, administrative offices and elsewhere: BGN 20.
• 2. Written consultation: BGN 40.
• 3. Reviewing a case and providing an opinion: BGN 60.
• 4. Complaints to the prosecution service or police: BGN 50.
• 5. Notarial notices; applications to accept or disclaim an inheritance; documents for notarial registration; applications for remission of debts and other applications: BGN 50.
• 6. Applications to renounce or restore Bulgarian citizenship: BGN 200.
• 7. Drafting a will: BGN 150.

8. Drafting written contracts, notarial deeds of ownership, sale, exchange, donation, mortgage, building rights or easements, out-of-court settlements, and carrying out and preparing a deed following an investigation of circumstances, calculated on the value of the contract or instrument:

• (a) Value up to BGN 1,000: BGN 50.
• (b) BGN 1,000–10,000: BGN 150 plus 1% of the amount above BGN 1,000.
• (c) BGN 10,000–50,000: BGN 250 plus 0.5% of the amount above BGN 10,000.
• (e) BGN 50,000–100,000: BGN 500 plus 0.2% of the amount above BGN 50,000.
• (f) Above BGN 100,000: BGN 700 plus 0.1% of the amount above BGN 100,000.

9. Formation, registration and registration of changes in the relevant register:

• (a) Sole trader: BGN 150.
• (b) General partnership: BGN 180.
• (c) Limited partnership: BGN 200.
• (d) Limited liability company: BGN 300.
• (e) Joint-stock company: BGN 600.
• (f) Cooperative association: BGN 250.
• (g) Housing construction cooperative: BGN 250.
• (h) Foundations and non-profit associations: BGN 350.
• (i) Company reorganisation under Chapter Sixteen of the Commerce Act: the fees in points (b)–(e) are increased by 50%.

11. Ongoing legal assistance under a contract with a legal entity or sole trader: BGN 400 per month. Representation, defence and assistance in proceedings and preparation of documents under Article 6, points 3–5 and 8–9, commissioned by that entity or trader, are subject to a separate fee under this Ordinance.

12. Agreed hourly consultancy: BGN 60 per hour.

Section III. Fees in civil and administrative cases for one instance

Article 7. (1) Fees for representation, defence and assistance in civil proceedings are:

• 1. Annulment of dismissal under Article 344(1), point 1 of the Labour Code, or reinstatement under point 2, where the claim is brought separately: not less than the national minimum wage at the time the legal assistance contract is concluded or the fee is determined under Article 2. Other claims not susceptible to monetary valuation: BGN 200. Employment cases with a specified value: as provided in paragraph 2.
• 2. Divorce in contested proceedings: BGN 600; divorce by mutual consent: BGN 400. When preparing an agreement settling property relations, Article 6, point 8 also applies.
• 3. Establishing or contesting paternity: BGN 500.
• 4. Other claims not susceptible to monetary valuation: BGN 300.
• 5. Non-contentious proceedings and proceedings to preserve evidence: BGN 300.
• 6. Representing a defendant in maintenance proceedings: BGN 300.
• 7. Interlocutory appeals: one-third of the minimum fee for one instance according to the subject matter and the party’s interest, but not less than Article 11 provides.
• 8. Initiating and conducting proceedings to correct an obvious factual error: BGN 200.

(2) Fees for representation, defence and assistance in cases with a specified value are:

• 1. Up to BGN 1,000: BGN 300.
• 2. BGN 1,000–5,000: BGN 300 plus 7% of the amount above BGN 1,000.
• 3. BGN 5,000–10,000: BGN 580 plus 5% of the amount above BGN 5,000.
• 4. Above BGN 10,000: BGN 830 plus 3% of the amount above BGN 10,000.

(3) In insolvency proceedings, the fee is calculated on the value of the lodged claims using paragraph 2, but is not less than BGN 800.

(4) In partition proceedings, the fee is determined according to the represented party’s interest under paragraph 2, but is not less than BGN 800.

(5) For securing a future claim, issuing a writ of execution under Article 405(3) and (4) of the Code of Civil Procedure, or issuing an order for payment, the fee is calculated under paragraph 2 on half the amount claimed.

(6) Where a case involves more than two hearings, an additional BGN 100 is payable for each subsequent hearing.

Article 8. (1) Fees for representation, defence and assistance in administrative cases with a specified pecuniary value are:

• 1. Up to BGN 1,000: BGN 300.
• 2. BGN 1,000–5,000: BGN 300 plus 7% of the amount above BGN 1,000.
• 3. BGN 5,000–10,000: BGN 580 plus 5% of the amount above BGN 5,000.
• 4. BGN 10,000–100,000: BGN 830 plus 3% of the amount above BGN 10,000.
• 5. BGN 100,000–1,000,000: BGN 3,530 plus 1% of the amount above BGN 100,000.
• 6. BGN 1,000,000–10,000,000: BGN 12,530 plus 0.3% of the amount above BGN 1,000,000.
• 7. Above BGN 10,000,000: BGN 39,530 plus 0.1% of the amount above BGN 10,000,000.

(2) For representation, defence and assistance in administrative cases without a specified pecuniary value:

• 1. Cases under the Spatial Development Act and the Cadastre and Property Register Act: BGN 600.
• 2. Cases under the Social Security Code: BGN 350.
• 3. Cases under the Ministry of Interior Act: BGN 400.
• 4. Cases under the Bulgarian State Standard Act: BGN 350.
• 5. Cases under Chapter Eleven of the Public Procurement Act: BGN 500.

(3) For annulment of an order terminating a public-service employment relationship, the fee is determined under Article 7(1), point 1(a).

Article 9. (1) For drafting an appeal, a response to an appeal or a written defence to a claim without attending a hearing, and for reviewing a civil case and countersigning a cassation appeal under Article 284(2) of the Code of Civil Procedure when the appeal was not drafted by the countersigning lawyer: three-quarters of the fee under Article 7 or 8, but not less than BGN 300.

(2) For drafting a cassation appeal with grounds for admission under Article 280(1) of the Code of Civil Procedure without attending a hearing: 75% of the fee under Article 7 or 8, but not less than BGN 600.

(3) For drafting a response to a cassation appeal with grounds for admission under Article 280(1), without attending a hearing: 75% of the fee under Article 7 or 8, but not less than BGN 500.

(4) For drafting an application to set aside a final judgment without attending a hearing: three-quarters of the fee under Article 7 or 8, but not less than BGN 300. Where the lawyer attends a hearing, the fee is not less than BGN 500.

Article 10. Fees for representation, defence and assistance in enforcement proceedings are:

• 1. Opening enforcement proceedings: BGN 200.
• 2. Representing, defending and assisting parties and taking action to satisfy monetary claims: half the applicable fee under Article 7(2).
• 3. Proceedings for delivery of possession or vacation of immovable property: the applicable fee under Article 7(2), based on the property’s value.
• 4. Other enforcement actions: BGN 200.

Article 11. For letters rogatory, interlocutory appeals, appeals against acts of an enforcement officer or notary, or against refusals of registration by the Registry Agency or another register: BGN 200, or BGN 300 where the appeal is considered at an open hearing.

Section IV. Fees in criminal and administrative-penalty cases for one instance

Article 12. Fees for representation, defence and assistance in pre-trial proceedings are those specified in Article 13(1). Where procedural acts take place on different days, BGN 100 is payable for each subsequent day.

Article 13. (1) Fees for defending the accused or representing a private prosecutor or private complainant are:

• 1. Offences punishable by probation or a fine: BGN 400.
• 2. Offences punishable by up to five years’ imprisonment: BGN 500.
• 3. Up to ten years’ imprisonment: BGN 800.
• 4. Up to fifteen years’ imprisonment: BGN 1,500.
• 5. More than fifteen years’ imprisonment: BGN 2,000.
• 6. Life imprisonment: BGN 3,000.
• 7. A plea agreement where the lawyer has not participated in the criminal proceedings: BGN 400.
• 8. Appearing before the court on procedural coercive measures where the lawyer has not acted under a power of attorney in the criminal proceedings: BGN 400.
• 9. Reviewing a case without participating in the criminal proceedings: BGN 300.

(2) For representation, defence and assistance of a civil claimant or civil defendant: the fee under Article 7(2), but not less than BGN 400.

Article 14. Where a criminal hearing lasts more than one day, the additional fee is BGN 100 for each subsequent day.

Article 15. For drafting an appeal or cassation appeal without attending a hearing: three-quarters of the fee under Article 13.

Article 16. For interlocutory appeals in criminal cases: BGN 200, or BGN 400 if considered at an open hearing.

Article 17. Success fees may not be agreed in criminal cases, including for a civil claim brought within criminal proceedings.

Article 18. (1) For drafting an appeal against a penalty order without attending a hearing: the fee under Article 7(2), calculated on the penalty amount, but not less than BGN 50.

(2) For representation, defence and assistance in proceedings challenging penalty orders imposing a fine, pecuniary sanction and/or pecuniary compensation: the fee under Article 7(2), calculated on the sanction or compensation, but not less than BGN 300.

(3) In other administrative-penalty proceedings outside paragraph 2: BGN 300.

Section V. Fees in proceedings specifically regulated by law, for one instance

Article 19. For representation, defence and assistance in proceedings under the Health Act: a minimum of BGN 300.

Article 20. In separate judicial proceedings under the Child Protection Act: a minimum of BGN 400.

Article 21. (New: State Gazette No. 2 of 2009; amended: No. 28 of 2014.) In proceedings under Articles 70 and 72 of the Family Code: a minimum of BGN 400.

Article 22. In proceedings under the Domestic Violence Act: a minimum of BGN 400.

Article 23. In proceedings under the Extradition and European Arrest Warrant Act: a minimum of BGN 500.

Article 24. In proceedings under the Decree on Combating Minor Hooliganism: a minimum of BGN 300.

Article 25. In proceedings for recognition and enforcement of foreign judgments (exequatur): a minimum of BGN 300.

Article 26. In proceedings conducted on judicial delegation, where the lawyer is not engaged for the whole case: a minimum of BGN 300.

Article 27. For legal assistance and protection of a witness under Article 122 of the Code of Criminal Procedure, where the lawyer is not engaged for the whole case: a minimum of BGN 300.

Article 28. For representation, defence and assistance in proceedings concerning a measure to secure the accused’s appearance, where the lawyer is not engaged for the whole case: a minimum of BGN 400.

Article 29. In proceedings for aggregation of sentences: a minimum of BGN 400.

Article 30. For preparing a request under Article 368 of the Code of Criminal Procedure: a minimum of BGN 500.

Article 31. (1) For representation, defence and assistance in proceedings to reopen a criminal case: not less than the minimum for one instance. (2) For drafting a request to reopen a criminal case without attending a hearing: three-quarters of the fee under paragraph 1.

Article 32. For representation, defence and assistance in proceedings concerning enforcement of a foreign court’s sentence under Article 457(2) of the Code of Criminal Procedure: a minimum of half the minimum fee for one instance, according to the type and severity of the sentence.

Article 33. In proceedings under the Act on Combating Antisocial Behaviour of Minors and Juveniles: BGN 300.

Article 34. In proceedings before the Commission for Protection against Discrimination and the Commission for Protection of Competition, except cases under Article 8(2), point 5: BGN 500.

Additional provisions

Section 1. In cases not covered by this Ordinance, fees are determined by analogy.

Section 2. In cases under Article 64 of the repealed Code of Civil Procedure, Article 78(5) of the Code of Civil Procedure and Article 161(2) of the Tax and Social Security Procedure Code, the awarded fee may not be less than twice the fees set out in this Ordinance.

Section 2a. For lawyers not registered under the Value Added Tax Act, the fees in this Ordinance do not include VAT. For registered lawyers, the VAT due is added to these fees and is treated as an integral part of the lawyer’s fee payable by the client.