site.btaParliament Approves at First Reading Advertising of Legal Services

The Bulgarian Parliament on Thursday approved at first reading two bills amending the Bar Act—one submitted by the Council of Ministers, and the other by Lena Borislavova and a group of MPs from Continue the Change–Democratic Bulgaria. A third proposal, submitted by Zlatan Zlatanov from the Vazrazhdane party, was rejected. 

The government’s bill was supported by 169 MPs, with 15  against. Lena Borislavova’s proposal received 151 votes in favor, 4 against, and 23 abstentions. Zlatan Zlatanov’s bill was backed by 69 MPs, but 62 voted against and 53 abstained. 

The Council of Ministers' bill lifts the general ban on lawyers advertising their services and introduces regulation for the use of intermediaries to reach potential clients. When promoting legal services through an intermediary, the use of information society services is permitted, provided that data protection, lawyer-client privilege, and the ethical standards of the legal profession are strictly observed. 

The proposed amendments also stipulate that advertisements by lawyers must comply with and reflect the core principles of the legal profession—confidentiality, integrity, and preservation of the profession’s good name and dignity. Restrictions are introduced on the use of false or misleading information, unjustified comparisons with other lawyers, promises of specific outcomes, as well as direct or intermediary advertising targeting individuals or their relatives who are in a vulnerable position and unable to make a free and informed choice of legal representation. 

The Council of Ministers noted that the European Commission has initiated infringement proceedings against Bulgaria for failing to fulfill its obligations under Article 24 of Directive 2006/123/EC on services in the internal market, due to Bulgaria’s failure to lift the ban on lawyer advertising and the use of intermediaries to attract clients. 

The bill submitted by Lena Borislavova from Continue the Change–Democratic Bulgaria also aims to establish legal certainty in determining the remuneration of special legal representatives.