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Where to go for legal advice?

The demand for legal services is increasing. In fact, every person may need help or legal advice at some point in their life. Legal studies have been under siege for years, because high school graduates know perfectly well that a lawyer will always find a job, and salaries in this industry are higher than the national salary. Legal services popularized television documentaries and, of course, the Internet. The portals where you can answer questions about legal issues by e-mail are of great merit in bringing the law to the average person. However, in tax matters and court proceedings, it is best to go to the law office. There are several legal professions which differ in terms of their terms of reference.

 

Incomplete legal regulations

 

In Poland, the legal profession is most often associated with an attorney, bailiff, notary, public prosecutor and judge. This is a great simplification and does not exhaust the interesting topic of legal professions. It is difficult to expect orientation in legal professions from the society, since some of them are unregulated by law. There is no full regulation of the provision of legal aid services, which would define who, when, to what extent and under what conditions can provide legal services.   There are only rules relating to the legal professions of public trust: lawyers, solicitors, notaries, patent attorneys and tax advisers. In the remaining scope, the provisions on the freedom of economic activity apply to the provision of legal assistance. 

Professional groups among lawyers

 

The lack of legal regulations among the legal professions other than the professions of public trust causes some disinformation among clients. The situation of lawyers who do not practice the profession of public trust is unregulated, which means that they have no legal basis to practice. They operate on a business basis. They can provide explanations and information on the application of the law, consult, prepare an opinion, legal acts, legal documentation, but cannot provide legal services in the field of representing a client before courts. They are not bound by professional secrecy.

 

Lawyers, counselors and trainees

 

It is a very large group of lawyers with a regulated status who have the right to appear in court on behalf of a client and thus provide a full range of legal services.  As part of their professional duties, advocates are obliged to defend themselves in criminal cases, proceedings before the Supreme Court and the Supreme Administrative Court. They are bound by professional secrecy and may not appear in advertisements. A legal advisor may appear before a court, with the exception of the function of a defense lawyer in criminal cases, in the case of tax offenses. He cannot appear before the Polish Patent Office. In the case of the above professions, the provisions of the Law on the Bar and the code of professional ethics apply. Lawyers and counselors are disciplinarily liable, and professional supervision is exercised by the corporation. A trainee attorney-at-law may replace a legal counsel after a specified period of application, with the exception of proceedings before the Supreme Court, the Supreme Administrative Court, and the Constitutional and State Tribunals.Proceedings before the above-mentioned courts and tribunals are rather not the everyday life of advocates and counselors.

Duties of a notary.

 

A notary public is a lawyer who has completed a notary apprenticeship. The scope of notarial legal services includes: preparation of notarial deeds, certificates, statements, protests of bills of exchange and checks, extracts, copies and excerpts from documents, at the request of the parties, draft deeds, statements and other documents, writing protocols, accepting documents, money and papers for safekeeping securities. He is under a notary obligation including the performance of the above-mentioned notarial activities . The professional supervision over notaries is exercised by a corporation.

Duties of the patent attorney

 

The patent attorney is a lawyer who has completed the attorney apprenticeship and passed the qualifying examination. Provides legal services in the field of industrial property matters: obtaining, retaining, exercising or pursuing rights relating to industrial property objects: inventions, utility and industrial models, topography of integrated circuits, trademarks, trade names and geographical indications. He conducts cases in the field of combating unfair competition in the above-mentioned scope. He represents the client before the Polish Patent Office and in civil proceedings in cases of industrial property. It is a profession regulated by the Law on the Bar. Professionals are bound by professional ethics and confidentiality.

 

The lawyer has the broadest powers to represent the client in court. The scope of legal services offered in the case of an advocate is the broadest. Exemption from professional secrecy of an advocate, counselor, notary public and patent attorney may occur only in exceptional circumstances, only as part of criminal proceedings.

 

Polish