LEGAL ASSISTANCE – do I need it?
I often get asked the question “Do I need legal help?”
Or other similar to it such as “Do I need a lawyer when I am buying a property?”, “Can I appear in the court unrepresented by a counsel?”, “Should I had used a lawyer when I lost the case anyway?” etc.
In this regard, it is an interesting fact that in general the profession of the lawyer is associated with the presence of some problem.
Many times has happened to me when I mention to someone that I am a lawyer they tell me “Oh, I really hope I would never have the need of your services” or kind of.
The truth is that I cannot totally deny that the people have a certain right to say it. There is some logic in the sayings: “One, even well living, would need a lawyer at a stage in their life”
It is also true that lawyer’s assistance is not always needed.
There are numerous legal situations in which people do not need a lawyer and they could spare money.
But it is also true that people seek legal assistance and assistance only after a problem arises, often when it is too late for many legal issues to be resolved effectively. I already wrote a few articles about it, here they are:
In all the above mentions articles I have tried to support my statement that legal aid is absolutely necessary in many situations.
As I showed in my articles, people often face great problems after deciding that there is no need to refer to a lawyer in legal matters and that costs them a lot of money, time, nerves and missed opportunities and benefits.
That is why I find it more reasonable to pay to a lawyer, even when it is not completely necessary, than to risk being involved in bigger troubles.
By taking legal actions which are not consulted with legal professionals you do not save money, just the opposite.
Therefore, the lawyer does NOT provide legal assistance only in case of issues.
The best policy is to resolve legal cases by the help of a trusted counsel before the problems arise.
Well-being and the protection of the interests of citizens in many business, family, civic and life situations depends on the lawyer.
Legal assistance for citizens
The lawyer is NOT a must, but recommended for:
- Lease – The lease is the most common contract in life.
- Real estate transactions
- Rent or lease?
- Manufacturing contract
- Cession contract – Transfer of claim
- Preliminary contracts.
- Power of attorney, authorization
- Contract cancellation
- Transfer of property for viewing and maintenance
- Notary invitation
- Personal injury cases
- Insult and libel cases
- Divisional cases. Divorce after divorce.
- Divorce by mutual consent or divorce proceedings
- Case for maintenance
- Custody case, Paternity case;
- Domestic violence cases;
- Execution order
- Private Enforcement Agents. Protection against PEA actions. When a writ of execution is issued. Appeal of Penal Decisions.
- Inheritance cases, division of inheritance property, wills, acceptance of inheritance, renunciation of inheritance, contestation of wills, etc. Etc.
- Representative on arrest. Deviation measures. Prosecution of the prosecution.
- Cases against the state.
Compulsory legal protection!
The legal representation in the court is mandatory in the following cases:
- The defendant is a minor;
- The defendant suffers from physical or mental disabilities that prevent him from defending himself;
- The case is for a crime for which the sentence could be imprisonment for ten or more years, or another severe punishment;
- The defendant does not speak Bulgarian;
- The interests of the defendants are contradictory and one of them has a lawyer;
- A request has been made under Art. 64 or the accused was detained;
- The hearing of the case is in absence of the accused;
- The defendant is unable to pay attorney’s fees, wishes to have a lawyer and the interests of justice require this.
More information on the rights of the ordinary people . Аuthor Rosen Dimitrov attorney at law.
Legal Assistance for the Business
The legal assistance of a lawyer is not mandatory for the business as well, but it is financially advantageous to have a legal professional.
Most often, the lawyers are used to prepare contracts with partners; employment contracts with employees; different types of commercial contracts.
Lawyers are very helpful to the business especially in the fulfillment / non-performance of contractual obligations by the partners and also in the resolution of disputes between partners.
A good lawyer could also do a risk analysis for his client when contracting with new contractors or partners.
In defense of the legal person, the lawyer performs:
- Legal representation before the court;
- Representation before various state and municipal bodies and institutions;
- Trademark registration;
- Registration of companies, liquidation of companies and others.
More information: Defense and legal representation by a lawyer. Аuthor Rosen Dimitrov attorney at law.
Free Legal Aid. Law on Legal Aid.
The Law on Legal Aid regulates legal aid in criminal, civil and administrative cases before all judicial instances.
Legal aid under this law is provided by lawyers and is funded by the state.
The purpose of the law is to guarantee equal access to justice for individuals by providing and providing effective legal assistance. Legal aid is provided by the state budget.
Legal Aid is organized by the National Legal Aid Bureau (NLAB) and the Bar Councils. The Minister of Justice develops, coordinates and implements state policy in the field of legal aid.
The National Legal Aid Bureau is an independent state body – a legal entity, budget-funded by the Minister of Justice, based in Sofia.
In urgent cases of hearing for supervision measures and interrogation before a judge in pre-trial proceedings, as well as in expedited procedures under the Criminal Procedure Code and in proceedings under the Health Law and the Child Protection Law, the secretary of the Bar Council appoints a lawyer on duty, if the person has not authorized a lawyer.
According to the cited law, the types of legal aid are:
- Consultation with the purpose to achieve a settlement before initiation of court proceedings or filing a case;
- Preparation of documents for filing a case;
- Litigation when the case is already filed in court;
- Litigation in event of detainment by the bodies of the Ministry of Interior.
Who is eligible for obtaining legal aid:
- Persons under the conditions for receiving monthly social support under the Article 9 and 10 of the Regulations of Application of the Law of Social Support;
- Persons under the conditions for receiving target assistance for heating during the present or the previous heating season;
- Persons using social or integrated health and social services for residential care, pregnant women and mothers at risk of abandonment of their children using social services for the prevention of abandonment;
- Children placed in foster families or in the families of relatives or close relatives under the Child Protection Act;
- A child at risk within the meaning of the Child protection Act;
- Persons under Article 143 and 144 of Family Code and persons under age of 21, in accordance with Council Regulation (EC) No 4 of 2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of judgments and cooperation in the issues relating to maintenance obligations (OB L 7/1 of 10 January 2009) and the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (OB L 192/51 of 22 July 2011)
- Victims of domestic or sexual abuse or of trafficking in human beings, who want to have a lawyer but can’t afford one;
- Persons seeking international protection under the Law on Asylum and Refugees, for whom the provision of legal assistance is not due to another plea;
- Foreigners subject to compulsory administrative measures and foreigners accommodated in a Center for temporary accommodation of foreigners under the Foreigners in the Republic of Bulgaria Act, who wish to use a lawyer but can’t afford one;
- Persons who have been denied or withdrawn the statute of a stateless person in the Republic of Bulgaria or the proceedings for granting stateless person status under the procedure of the Aliens Act in the Republic of Bulgaria have been terminated, who wish to use a lawyer but can’t afford one.
The right to legal defense is guaranteed by the supreme law – the Constitution.
According to it:
“Everyone shall be entitled to legal counsel from the moment of detention or from the moment of being charged. Everyone shall be entitled to meet his legal counsel in private. The confidentiality of such communication shall be inviolable.”
According to the Constitution also:
“Everyone shall be entitled to protection against any unlawful interference in his private or family affairs and against encroachments on his honour, dignity and reputation.”
Whenever you have some legal casus or doubt or even just asking, it is always better to pay a small amount to consult with a lawyer.
The lawyer would give you a professional advice and would clarify all your options for action.
This is better than having to pay dearly afterwards (after a problem arises and deepens) due to not knowing of the legal matter and the legal side of things.
*The present article is not exhaustive and reflects the author’s personal opinion as a lawyer in Plovdiv and Sofia.