For two whole weeks in the 21st century, the Sofia District Court
has been experiencing difficulties and is unable to find a lawyer
to serve the court order for a lawsuit filed by the court itself. 

Please assist: A lawyer who is in hiding is being sought!
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The analysis of the case related to the difficulties in serving court documents by the Sofia District Court presents an interesting example of the challenges in the judicial system. The problem of finding a lawyer to serve a court order illustrates the importance of effective communication and coordination between judicial authorities and legal professionals.

According to the presented facts and legal analysis, the court acted in accordance with Articles 127 and 128 of the Civil Procedure Code (CPC), leaving the claim without movement due to the lack of necessary procedural requirements. This underscores the strictness of legal norms that must be followed to ensure the legality and fairness of the process.

Serving court documents is a critical element in procedural activity, ensuring the right of the parties to be informed and to actively participate in the protection of their interests. The difficulties experienced by the court can have a negative impact on the efficiency and speed of justice, which is a fundamental principle in a democratic society.

On the other hand, the ethical norms and rules that regulate the profession of lawyers are essential for maintaining high standards and trust in the legal system. Failure to comply with these norms can lead to serious consequences for both individuals and the entire judicial system.

In conclusion, the case highlights the need for better coordination and communication between judicial authorities and lawyers, as well as strict adherence to procedural and ethical standards. Improving these aspects will contribute to greater efficiency and fairness in the administration of justice, as well as strengthening public trust in the legal system. Recommendations for the use of electronic means for communication and document serving can be key to solving such problems in the future.

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To
Sofia Bar Association
Cc:
Sofia District Prosecutor"s Office

COMPLAINT
From: LALU VASILEV METEV


Dear Members of the Sofia Bar Association,

I hereby submit a complaint against practicing attorney HRISTO GEORGIEV CHOLAKOV, Personal No. 1600433810, member of the Sofia Bar Association (SAK1827), with a legal address: Sofia, 1000, Vitosha Blvd. No. 1-A, Trade House, 4th floor, office 416, due to serious violations of the professional and ethical standards that attorneys are obliged to observe in their practice, without compromising the dignity and good name of the profession.

Case Description:

I, Lalu Metev, am the landlord of a property (office) in the Lozenets district, which attorney Hristo Cholakov rents. Due to the systematic non-fulfillment of contractual obligations by attorney Hristo Cholakov, I was forced to file a lawsuit for his eviction from the property. In response to this lawsuit, attorney Hristo Cholakov filed a counterclaim, claiming ownership of the property through false and misleading statements. At the same time, he began to unnecessarily delay and obstruct the process, leading to numerous adverse consequences, including health and financial issues, for both me and my family.

It should be noted that attorney Hristo Cholakov was an accused and defendant for nearly eight years on charges of fraud and embezzlement. During this period, he went through numerous court hearings until the case against him was eventually dismissed. As a result, attorney Cholakov filed a claim against the prosecution under the Law on State and Municipal Liability for Damages, claiming 150,000 BGN for non-pecuniary damages. However, the case attracted public attention only a year ago.

Violations of Ethical Standards:

In accordance with the rules of the Law on the Bar and the Code of Ethics for Attorneys, undermining the prestige and dignity of the profession, as well as violating professional ethics and morals, are considered disciplinary violations.

1. The Role of the Attorney in the Rule of Law (Art. 1): Attorney Hristo Cholakov does not fulfill his duties in accordance with the traditions of the legal profession and does not serve the interests of justice, using lies and manipulations in the judicial process, taking advantage of my compromised health and financial condition.

2. Nature of the Rules of Professional Conduct (Art. 2): Attorney Hristo Cholakov does not adhere to the rules of professional conduct, leading to a breach of trust in the legal profession and undermining the judicial system.

3. Trust and Integrity (Art. 4): The relationship between attorney Hristo Cholakov and me, as his correct but evidently overly naive long-term landlord, has been compromised due to his lack of honesty and integrity.

4. Incompatibility (Art. 7): The actions of attorney Hristo Cholakov contradict the essence of the legal profession and undermine its dignity and good name.

5. Applicable Rules of Professional Conduct in Court (Art. 21 and Art. 24): Attorney Hristo Cholakov does not show respect for the court and uses means and methods that create unjustified obstacles to the normal course of judicial proceedings.

It should be noted that the disciplinary penalties provided by the Law include: Reprimand; Fine from one to eight minimum wages; Deprivation of the right to be elected to the bodies of the Bar for a period of one to three years; Deprivation of the right to practice the legal profession for a period of 3 to 18 months; Deprivation of the right to practice the legal profession for up to 5 years in case of repeated violation.

Request for Disciplinary Action:

Please consider this complaint and, upon verifying its validity, urgently take all necessary measures to seek disciplinary action against attorney Hristo Georgiev Cholakov. The goal is to protect the ethical standards of the Sofia Bar Association and the trust in the legal profession.

The actions taken represent serious violations of the ethical standards that attorneys must strictly observe. In case of violation of these requirements, as described in this case, attorney Hristo Cholakov should be subjected to disciplinary proceedings, which, if proven, may lead to various degrees of sanctions.

In any case, according to Art. 139, para. 2 of the Law on the Bar, the attorney is obliged to act in accordance with the law and the rules of the legal profession, without being influenced by personal interests. This means that the attorney must be guided firmly by both professional and human ethics, which in this case has not been observed.

Therefore, in the name of justice and the rule of law, I request that disciplinary charges be brought against attorney Hristo Georgiev Cholakov under Art. 49, para. 1 of the Law on the Bar, due to the actions already taken and being prepared, which are contrary to both the law and the rules of the legal profession and severely harm the legitimate interests of other persons.

We hope that the Sofia Bar Association will continue to consistently and unwaveringly maintain its policy of seeking and engaging disciplinary responsibility for attorneys who practice the profession in deviation from the law and ethical standards.

Additionally, I must inform you that I have duly filed a written complaint for fraud and attempted embezzlement of property, accompanied by threats, with the competent Sofia District Prosecutor"s Office and verbally with the relevant territorial bodies of the Ministry of Interior.

In case of need for additional information or assistance, please do not hesitate to contact me. If witness testimonies are needed, they can be brought before you.

Proposals for Additional Measures:

1. Review of all court cases in which attorney Hristo Cholakov has participated: This will help determine if there are other instances of violations of ethical and professional standards.

2. Temporary suspension of legal practice rights: While the investigation is ongoing, consideration may be given to temporarily suspending Hristo Cholakov"s legal practice rights to prevent further violations.

3. Public disclosure of the case: To maintain trust in the legal profession, consideration may be given to publicly disclosing the case and the measures taken.

4. Strengthening control over ethical standards: The Sofia Bar Association may strengthen control over compliance with ethical standards through regular inspections and training.

Sofia, August 29, 2024

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POSITION
of the Sofia Bar Council,
adopted by a Decision at the regular meeting of the council on 21.02.2024

In light of the publicly disclosed information in recent weeks regarding dependencies and unlawful pressure exerted on magistrates in relation to their activities – which seriously questions the independence of the judicial system, and considering that some of these unlawful actions are associated with the names of lawyers, the Sofia Bar Council expresses the following position:

1. The Sofia Bar Council finds that any extrajudicial and extrainstitutional actions and influences on the court and all other bodies of the judicial system are unacceptable and contrary to the accepted standards that every rule of law must meet. The rule of law must ensure its citizens the precise and equal application of laws by an independent and impartial court. Only then can the missing sense of justice be restored.

Therefore, we call on all citizens to seek and defend their rights in the manner prescribed by law, with the support and professional assistance of lawyers who are obliged to provide legal protection and assistance always by lawful means.

We declare our readiness, with all the powers granted to us by law, to uphold the good name of the legal profession, which is obliged to protect the legitimate interests of the client by lawful means. The Sofia Bar Council shares the understanding that in the exercise of the legal profession, the lawyer does not have the mechanisms and means to exert pressure and influence in any way on state bodies and the judiciary.

In this regard, we find it necessary to remind all fellow lawyers that with their oath, they have pledged to serve their clients and justice, showing respect for the court and defending the rights and legitimate interests of their clients and defendants by lawful means. Only in this way can we be worthy of the trust and respect necessary for the profession.

2. The Sofia Bar Council consistently and unwaveringly maintains a policy of seeking and engaging disciplinary responsibility for lawyers who practice the profession in deviation from the law and ethical standards, especially in cases where these violations are related to unlawful influence on the court"s activities.

In this regard, we remind that unlike all other institutions, the Sofia Bar Council took immediate action within its competence against the lawyers from the SBA involved in the case publicly known as "The Eight Dwarfs," and disciplinary sanctions were imposed on the involved lawyers from the Sofia Bar Association.

We call on all institutions, organizations, and citizens, if there is evidence that lawyers exert influence, pressure, threats, direct or indirect interference in the work of magistrates, or evidence of lawyers" involvement in legal violations in the justice sector - corrupt practices, influence peddling, and other unlawful actions, to promptly notify the Sofia Bar Council so that disciplinary responsibility of the lawyers can be engaged within the statute of limitations.

3. The Sofia Bar Council consistently and unwaveringly defends the professional rights of lawyers and once again reminds (as was done in a public position on another occasion - Position of the Sofia Bar Council in defense of the professional rights, honor, and dignity of Bulgarian lawyers | Sofia Bar Association (sak-sas.bg)) that it is unacceptable for a lawyer to be identified with his client and his behavior, which has given rise to a legal dispute.

Such identification of the lawyer with his client is an unacceptable form of public pressure on the lawyer and compromises the independence of the lawyer and the legal profession. Without an independent legal profession, there can be no independent court.

4. The Sofia Bar Council finds it unacceptable that in the presence of specific data and signals of unlawful pressure on judges, exerted in connection with their judicial activities, no timely checks have been carried out on the submitted signals either by the Prosecutor"s Office, which is the only body entrusted with investigating crimes and bringing charges, or by the SJC, which should ensure the institutional independence of the court (Art. 16, para. 1 of the JSA) and protect the professional rights of Bulgarian magistrates, thus guaranteeing society timely, quality, and fair justice.

Therefore, we call on the Prosecutor"s Office and the Supreme Judicial Council, within their exclusive powers, to act promptly and uncompromisingly, ensuring that all allegations of pressure and threats against judges, made public, including those reported to the Prosecutor"s Office and the SJC years ago, are thoroughly investigated in the quickest possible manner.

We declare our readiness to defend the independence of the court, without which there is no justice, but we remind that the independence of magistrates is given to ensure the constitutional obligation of the judiciary to apply the laws precisely and equally to everyone.

SOFIA BAR COUNCIL
СОФИЙСКИ АДВОКАТСКИ СЪВЕТ