The common perception of a Polish attorney is that of a person held in general respect in the community, and the very fact of being in this profession is traditionally perceived as a source of prestige. It most likely stems from the not unfounded belief that an attorney is someone who can always be approached for help, even in situations that might, at a first glance, appear hopeless.
Of no small significance here is the history of the legal profession in Poland, as even in the communist era attorneys remained faithful to their ideals and the motto of: “remaining faithful to Poland, protecting the civil rights and freedoms, helping those in need”, and protected the accused in political trials pro bono.
Therefore, a Polish attorney is the first person you can go to if you have any problem, even indirectly relating to the Polish law. You can rest assured that because of the broad scope of the assistance (services) provided, attorneys specialise in specific areas, so as to best meet your expectations. The cases that are most frequently handled by Polish attorney for foreign clients include:
It is a group of cases most popular among foreign clients. When asking for commercial law advice, the clients wish to know if it is possible for them to form a company or some other type of entity in Poland, and also how much time is required for that, and what the possible obstacles are. A second large group of cases involves pursuing claims related to business transactions between domestic and foreign entities, and the resulting collection of claims. Legal consultations might be required not only after a dispute has arisen, rather, the client’s interests can be protected already at the stage of drawing up of contracts with a business partner, so as to minimise the risk of a dispute. What’s more, not every case has to culminate in a lengthy court proceedings; often the assistance of an attorney facilitates a settlement or makes it possible to find a different amicable resolution.
Labour law and social security cases
Many people consult with a Polish attorney after they have been given notice, wanting to recover outstanding remuneration (in particular in the case of overtime payment), or because they are bound by a non-competition clause. However, sometimes the assistance of a Polish attorney is needed much earlier, for example when immigrants wish to obtain a work permit, or even to gather all the documents entitling a foreigner to work in Poland.
Polish attorney – broadly understood civil cases
When someone intends to purchase real property in Poland, they have to go to a notary, but if we also want to make sure that the sale agreement protects our interests, we will the need help of a specialist – a Polish attorney. Where the intended purchaser is a foreigner, the assistance of a Polish attorney will be indispensable. The broadly understood civil law covers also inheritance law cases, primarily cases involving ascertainment of inheritance acquisition and inheritance division, as well as legitime cases, in which the role of the attorney is not only to determine the potential circle of heirs, but also to provide assistance in the search for the elements of the estate and in determining the actual will of the decedent. Civil cases include also cases for damages (e.g. demanding damages for loss suffered as a result of a road accident).
Although when we think of attorneys, we usually have an image of a lawyer in criminal cases, delivering the closing arguments with great passion, that is only the end result of the entire work done by the attorney, which can start already with providing legal assistance to anyone taken into custody or put in pretrial detention. The scope of rights of a Polish attorney in criminal proceedings is not limited only to the role of a defence counsel; the attorney can also act as a representative of the victim, already at the stage of the prosecutorial proceedings, or as a representative of a subsidiary prosecutor. When filing a subsidiary indictment in cases prosecuted ex officio, the indictment must be drawn up by an attorney or a legal counsel. Even a witness in criminal proceedings can be represented by an attorney, when his or her interests so require.
In conclusion, a Polish attorney can help you in a number of issues – both of a business and a private nature.