RAYNA AVRAMOVA: THINKING ONE STEP AHEAD

A divorce, a child support issue, an inheritance dispute: when we find ourselves in such a situation, we are aware that we need professional legal help to have the best outcome. Attorney-at-law Rayna Avramova has dedicated herself to the mission to successfully defend her clients' best interests in such cases. As an active judicial lawyer, she has deservedly gained the trust of a long list of prominent Bulgarians, some with dual citizenship, to solve complex family and inheritance issues. Attorney-at-law Avramova shares more.

We all know the profession of a judicial lawyer as portrayed in American films and novels. However, what does the real life of a judicial lawyer in Bulgaria look like? What are the main challenges you face in practice?

In order to get the best understanding of what a judicial lawyer is, let's imagine legal practice as a pyramid at the base of which are clients and their lawyers. Thus, the question immediately arises: "Is my lawyer a specialist in the legal field in which I want to be represented?". This is actually the only question that anyone who finds themselves a "client" of the "Scales of Justice" should ask before placing their trust in a judicial lawyer. This will prevent them from being deceived in their expectations of their lawyer in the judicial process.

At the next level of the pyramid are the legal advisors and authors of documents. If their interpretation of a contract or other document which they have drawn up, or if their interpretation of a legal provision is perceived by both parties as sufficiently accurate and convincing, then the legal dispute ends. In the Bulgarian legal system, this can be achieved in practice through an out-of-court settlement, although this does not possess the robust nature of a court decision. The parties can always ask for a resettlement of the legal dispute by the court where the law allows for this.

When we get to the judicial process, we are at the peak of the so-called pyramid. This part of the legal system is dominated by judicial lawyers. The judicial lawyer is a lawyer who has thoroughly researched the area of law in which they operate. The judicial lawyer is the producer, director and leading actor in a drama in which the stakes can be life-altering for the client. In this sense, it is imperative that the judicial lawyer takes control over the conflict.

I say "imperative" because too many lawyers without the experience or the skills necessary for professional engagement in a given area of law are "rushing into the process", and there's a law that can prevent this.

For example, most people know that if they have a particular medical problem, their GP will recommend a specialist, and that no hospital would designate a doctor as a brain surgeon, if they did not specialise in the field. So, it is the judicial lawyers who, through their example and experience acquired in judicial processes, set the leading standards required to achieve the best outcome.

It takes practice, and a lot of it, to become a real judicial lawyer. It takes confidence, discipline and firmness. When my interns want to become judicial lawyers and ask me what they need to do, I always answer: "A good judicial lawyer needs to write and speak freely and in a reasoned manner." The main essence of this training is to achieve literacy, and the result has to be emotionally mastered rationality.

Constant reading, perfect and precise use of language are key skills for lawyers. Everything which the lawyer does is expressed in words both written or spoken in the courtroom, as well as the lawyer's ability to read and understand, and react quickly to what others have written. The judicial lawyer who has mastered language is already one step ahead of a more mediocre opponent, since the language of persuasion is his only tool.

The judicial lawyer must be also thoroughly versed in the principles of human behaviour. To this they must add a wealth of experience in the courtroom accumulated over the years, so that one day they acquire the entirety of these important tools.

The judicial lawyer also needs to know that experience is not purchased but "stolen" through imitation. The judicial lawyer must know the difference between strategy and tactics. They need to be resourceful, proactive with a rich imagination, and to be able to determine points of view.

In the course of my several decades of experience as a judicial lawyer with a narrow specialisation in family and inheritance law, I have developed the following rules of operation:

Rule 1: In order to achieve a pre-determined plan, one's thoughts must anticipate the development of the judicial process.

Rule 2: One's thoughts and actions must not lag behind, otherwise the case is lost.

Rule 3: For the most part of the judicial process, flexibility is required, so that you don't lose control over the outcome. The judicial lawyer needs to think one step ahead, and anticipate what may happen. They also have to discover for themselves things which are not written in the textbooks.

Why did you choose to pursue a professional career in the field of family and inheritance law?

My career path in the field of family and inheritance law developed rather imperceptibly, even for myself. I didn't wake up one morning with the idea of specialising in this part of the law. I didn't choose this part of the law – it chose me. However, I have always believed in myself, in my dream of being a lawyer. "Magic is to believe in yourself. If you manage to do this, you can make anything happen," as Johann Wolfgang von Goethe said.

I will never forget my first steps as a judicial lawyer and the "stage fright". Not only actors experience "stage fright", judicial lawyers also do. Anxiety when faced with the presence of so many strangers can completely prevent you from functioning, finding the right expression, or reacting quickly and adequately in a courtroom. All lawyers who have decided to become a judicial lawyer should be aware of this, because the cost of the loss is paid by the client, both financially and emotionally.

How and when did you decide to set up your own law firm and what were the main tasks you set for yourself when it was founded? How do you rate your results today?

Avramova Law Firm was established in 2000. Relationships with our clients are built on trust. We advise and protect our clients competently, diligently, in good faith and in a timely manner. We keep our clients informed at all times of the development of the court case. Upon request, we answer their questions in connection with procedural representation and defence. In all our actions, we are guided solely by the interests of our clients, observing the law and the rules of professional conduct and ethics. Our main goal is to serve both the interests of justice and the legitimate interests and rights of our clients who have placed their trust in us to stand up for them and to defend them.

Today, Avramova Law Firm is a leader in the field of family and inheritance law in Bulgaria and it enjoys undisputed trust among people and authority in our professional community. All this is a sure sign of recognition, professional satisfaction and a high level of results.

What are the nuances in working in such a sensitive field of law, such as family and inheritance law? What qualities should a lawyer possess, in order to adequately protect the rights of their clients?

Family and inheritance law are some of the most sensitive areas of law, because they are related to someone's personal drama, either in the family or in relations with relatives. So these cases are very specific and deeply emotional. The main subtlety is in strategy and tactics. I want to mention the story of the Trojan War which is about both strategy and tactics. Before heading out to war, the most intelligent and senior prepared the plan for defeating the enemy – so they built a strategy. The tactics were aimed at adapting the plan to the development of the battle. In the Trojan War, the tactic was the Trojan Horse. When the generals realised the enemy was not responding to their expectations (plan) they needed to make a rapid change.

In order to train the sense of tactics in your mind, you need to include the time factor. The number of errors increases as the time for decision-making decreases, but so does the number of errors your opponent makes. Maintaining that discipline of anticipating all the moves of the opponent helps you to register more of his mistakes, especially if your opponent doesn't have the ability to make quick decisions in a courtroom. The lawyer is obliged to adapt quickly to the changing situation in the courtroom, because otherwise they lose the case.

Your law firm has had some of the most prominent and wealthy Bulgarians as clients. How do you gain their trust when it comes to settling some of the most personal moments in their lives?

Our clients include some of the richest people in Bulgaria, people who do their business abroad. It's easy to work with them, because they are disciplined and strictly follow the strategy and tactics we define for their case, something which is very important for achieving irrefutable success. An important element is establishing trust between lawyer and client. It is important to note that in the great majority of cases, the lawyer is selected "on the recommendation" of another, trusted person. Of course, the relationship of trust is fully built in the course of working together. However, at the very first meeting, both parties get a sense of each other and can decide whether or not to trust each other.

Some of the clients of your law firm have dual citizenship. What is the biggest challenge when working with such clients and their cases?

Free movement, the right of residence, marriage and acquisition of property in different countries can give rise to many cases with a cross-border element. This requires a profound knowledge of international legal provisions. The reason is twofold: to determine the court locally competent to examine the dispute and to implement the legal representation in the specific case, and then enforce the decisions of a foreign court, an EU member state, or a court of a country outside the EU. These cases require particular attention, in-depth legal analysis and implementation, an area in which we have proven indisputable judicial experience.

Without violating strict confidentiality, can you tell what type of cases form the main part of your law firm's practice?

In the conscientious performance of my duties as a lawyer and in accordance with the Constitution, the laws of the Republic of Bulgaria and morals, I cannot share details of various court proceedings, but I can say that 95% of our court proceedings are related to divorce claims, establishing a place of residence for the children, personal visitation regimes for the non-guardian parent, child support, maintenance of a spouse after the divorce, use of a family home, judicial division of property and contesting paternity. What is specific about them is that for the most part they have a cross-border element, which further complicates the proceedings.

What should clients know when we appoint a lawyer to provide assistance in a family and inheritance law case?

It's a good idea for anyone who needs a lawyer, regardless of the field of practice, first to gather information about the field of activity of that particular lawyer and their experience. I don't mean what's on the lawyers and law firms' websites, but information about the lawyer's professional and public appearances, the areas where they are most actively involved in public life. Before we entrust our affairs to a particular lawyer, we have to arrange a preliminary personal meeting, to get a sense of the level of the lawyer's preparation, their manner of speech, and ability to give specific and motivated answers to questions. Should we sense even the slightest hesitation, it's a good idea to seek a second opinion.

What makes you feel satisfied after a working day?

For me satisfaction comes from a job well done and gratitude in the eyes of our clients. Every day is different, and satisfaction is expressed in well-placed trust, procedural superiority over a colleague in the courtroom due to many years of knowledge and experience in using the tools of law, in the ability to implement the strategy and conduct successful tactics. For me, being a judicial lawyer is not only a profession, but also a hobby. In this sense, I can say that I am a happy person, because I feel satisfaction every day.

Is there anything that you would like to see changed in the Bulgarian judicial system and legislation, and if so – what?

There's a lot that needs to be changed in the judiciary and this is evident from my active professional participation, including through the media. I don't want to weigh readers down with any specifics, I will say one thing: in order to achieve a well-functioning and fair judicial system, we mustn't forget that the path to achieving this is through careful amendments of the laws. We have recently seen increased legislative dynamics. This does not allow for any in-depth analysis and correct referencing to or compliance with other relevant laws. My favourite phrase to describe this is: "Make haste, but not too quickly."

Sofia, 23 Emine St, floor 5, apartment 2.1, (entrance from Bulgaria Boulevard)

phone: 0888 925 238

raina@avramova.lawyer

r.avramova@sydebni-advokati.com

www.avramova.lawyer