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In Poland any person holding a Magister's degree in law is called "jurist" or "lawyer" (Polish: prawnik). The licensed legal professions are as follows:
Contents
- The distinction between advocates and legal advisors
- Admission to practice law
- Bar training aplikacja
- Professional training for judges and public prosecutors
- Bar members
- Lawyers who are not members of any bar association
- Sample law firms in Poland
- References
Some legal professions may also be performed by graduates in other specific disciplines, such as economics or engineering. They require an appropriate admission examination to be passed, as such jurists are authorised to represent persons before courts in matters related to their profession. Such occupations include inter alia:
The distinction between advocates and legal advisors
The division adwokat / radca prawny was created by a 1959 law which forbade advocates from advising socialised economy units (primarily state enterprises, and cooperatives, which were the dominant form of economic activity in the People's Republic of Poland), and introduced the new profession of radca prawny for that purpose.
1. Advocates and legal advisors have their own independent bar associations (both are members of CCBE - The Council of Bars and Law Societies of Europe); membership is obligatory for those willing to practice the respective profession:
Currently, admission to the Polish Bar Council is open to the members of the National Chamber of Legal Advisors, and vice versa. Lawyers can be members of both bar associations at the same time, however they cannot practice both professions concurrently.
2. Currently, the position and rights of advocates and legal advisors are identical in almost all matters, leading to public discussion on the unification of the two professions. Legal regulations regarding the two professions slightly differ:
3. The two bar associations have their own rules and ethical codes according to which:
Admission to practice law
There are no bar associations for judges and public prosecutors - the Ministry of Justice is in charge of the administration of the professions (judges are appointed by the President). Advocates, legal advisors, notaries, bailiffs, patent attorneys, and tax advisors do have their bar associations.
There are several ways of admission to the bar. As to advocates and legal advisors, the following options are available:
Bar training (aplikacja)
An examination for admission to bar training for advocates and legal advisors is a written test, 100 out of 150 points guarantee admission. The examination covers: 1) criminal law and criminal procedure; 2) infraction law and infraction court proceedings; 3) financial criminal law and financial criminal proceedings; 4) civil law and civil procedure; 5) family law; 6) public business law; 7) commercial companies and partnerships law; 8) labour law and social security regulations; 9) administrative law and administrative procedure; 10) administrative court proceedings; 11) European Union law; 12) constitutional law; 13) organization of justice in Poland.
Bar training for advocates and legal advisors lasts for three years and consists of theoretical and practical classes. Each trainee (Polish: aplikant) has his/her individual tutor, who must be a practitioner from the respective bar. Bar examination is a written exam which lasts 4 days and consists of preparing various documents and briefs in following areas: criminal law, civil or family law, commercial law, administrative law, ethics.
Bar training for notaries is slightly shorter (2,5 years) and covers different areas of law.
Professional training for judges and public prosecutors
The body in charge of training for future judges and public prosecutors is The National School of Judiciary and Public Prosecution in Kraków. After one-year general training, the candidates proceed to a specialised training (judge/public prosecutor) for another 30 months. Then, trainee judges serve internships as law clerks (12 months) and as referendaries (Polish: referendarz). Similar internship is provided for public prosecutors.
Bar members
Once admitted to the bar association of one occupation, a jurist can move to another occupation with little hassle.
Only judges, public prosecutors, notaries, professors and habilitated doctors of laws can write certoriaris to the Constitutional Tribunal in cases in which they themselves are sides. All others must use services of advocates or legal advisors. Certioraris to the Supreme Court must always be prepared by an advocate or a legal advisor.
Lawyers who are not members of any bar association
Many jurists do not practice law in the strict sense. They may work in public administration (which has its own highly legalized proceedings), the police (which prosecute small crimes), tax services and similar governmental agencies. Additionally, since a company can be represented in civil court by its own employees, some small and medium companies do not employ barristers or counselors, but instead rely on in-house lawyers not admitted to bar.
Because under Polish law an agent can act for any person therefore some lawyers do what in the UK is done by solicitors. Thus, specialized persons write legal agreements, perform negotiations, or execute debts. Polish law specifically permits persons with Magister's degree in Law to give legal advice.
Sample law firms in Poland
There are numerous law firms in Poland, both small local firms and affiliate or branch offices of international law firms. Most international law firms have their Polish offices in Warsaw.