NCJ Number
61136
Editor(s)
E ROTHFELD
Date Published
1978
Length
16 pages
Annotation
FACTORS AFFECTING THE COST OF LITIGATION AND DISPUTE RESOLUTION IN BULGARIA ARE DISCUSSED.
Abstract
IN BULGARIA, SPECIAL PROCEDURES OR MECHANISMS TO REDUCE THE COSTS OF RESOLVING DISPUTES INVOLVING SMALL OR MODEST CLAIMS ARE NONEXISTENT, BECAUSE THE NORMAL JUDICIAL MACHINERY IS INEXPENSIVE AND ACCESSIBLE TO THE CITIZENRY. THE RATIO OF THE NUMBER OF COURTS AND COURT PERSONNEL TO THE POPULATION IS RELATIVELY HIGH, PROVIDING FOR A SPEEDY CASE FLOW. LITIGANTS ARE ENTITLED TO REPRESENT THEMSELVES IN ALL CIVIL PROCEEDINGS, INSURING MEANINGFUL SELF-REPRESENTATION AND THE ABSENCE OF ATTORNEY FEES IN MANY CIVIL CASES. WHEN ADVOCATES ARE EMPLOYED, THEIR FEES ARE MODERATE BECAUSE OF THE SOCIALIZATION OF THE LEGAL PROFESSION. LEGAL COUNSEL FEES ARE BASED ON THE AMOUNT CLAIMED BY THE PLAINTIFF, REGARDLESS OF THE ULTIMATE RESULT OF THE SUIT. LEGAL CONSULTATION OFFICES, COMPOSED OF THE ADVOCATES PRACTICING WITHIN EACH REGIONAL COURT'S JURISDICTION, RENDER FREE LEGAL AID AND ADVICE FOR CIVIL ACTIONS CONCERNING ALIMONY, LABOR ACCIDENTS, AND PENSIONS. STATE FEES AND TAXES FOR CIVIL CLAIMS ARE MODERATE, AND CITIZENS WHO CANNOT AFFORD EVEN THESE MODEST COSTS ARE PROVIDED WITH FREE LEGAL AID AS A MATTER OF RIGHT. LIMITATIONS ON TESTIMONIAL EVIDENCE AND THE HEAVY RELIANCE ON WRITTEN DOCUMENTS IN CIVIL PROCEEDINGS REDUCE THE NUMBER OF ADJOURNMENTS THAT MIGHT BE CAUSED BY THE FAILURE OF WITNESSES TO APPEAR, AS WELL AS REDUCING THE COSTS OF SUMMONING AND REMUNERATING WITNESSES. FOOTNOTES ARE PROVIDED. (RCB)