Legal aid and court-appointed special representatives: similarities and differences

Legal aid is governed by Article 94 of the Bulgarian Code of Civil Procedure and by the Legal Aid Act. It provides the recipient with the services of a lawyer free of charge, funded by the state. It is available to people who cannot afford qualified legal representation for financial, health-related or other reasons specified in Article 22 of the Legal Aid Act.

A special representative serves a different purpose. Appointment is an alternative to representation under a power of attorney where authority cannot be conferred because one of the circumstances in Article 29 of the Code of Civil Procedure applies. The costs of the special representative are charged to one of the parties, depending on the circumstances in which the appointment was made.

In the civil proceedings discussed here, the two arrangements have one feature in common: each begins and ends by an express order of the court. The special representative must continue performing the duties conferred by the court until expressly relieved of them by an order revoking the appointment. Just as an authorised representative’s acts remain valid until the authority is withdrawn (Article 35, second sentence, of the Code), the special representative’s acts are regarded as duly performed until the court terminates the authority to act. The representative is therefore entitled to remuneration for work performed up to that time. The court before which the case is pending determines the amount; when deciding the merits of the dispute it must also apportion costs between the parties.

This article does not provide a legal opinion or advice about any particular person or situation. For legal assistance with an individual case, consult a lawyer experienced in litigation.