Fédération des barreaux d’Europe

New members : Warsaw Regional Bar of Legal Advisors

Warsaw Regional Bar of Legal Advisors

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Mr Michał Stępniewski President The Regional Bar of Legal Advisors in Warsaw

One of 19 in Poland, the biggest Regional Bar of Legal Advisors (“OIRP”), gathering 6332 of legal advisors that running the training courses for 3849 registered trainees.

Territorial area of activity : Its range covers Warsaw and ex-capital voivodeship.

Tasks of the OIRP :
- representation of business interests of the members of the regional bar of legal advisors ;
- organizing professional development courses / vocational advancement of legal advisors ;
- supervision over the proper performance of professional duties by legal advisors and trainees ;
- applying to the registering or record agencies with the motion to initiate proceeding to cross out of the register of record the subject leading the activity in the scope of legal advisory in contradiction to the regulations of the statute of legal advisors.

OIRP authorizations in Warsaw :
- adoption of the resolutions regarding the entry on the list of legal advisors, refusal of the entry on the list of legal advisors, suspension in performing professional duties or cross out of the legal advisors list lead by the OIRP in Warsaw ;
- leading the trainings for young lawyers (registered trainees) to become legal advisor, carrying out the exam proceeding (in cooperation with the Ministry of Justice) and the legal advisor exam ;
- supervision over the right performance of professional duties by legal advisors and trainees and performance complying with the statute of legal advisors of July 6th, 1982 and the Code of the Ethics of the Legal Advisor.

Who is a legal advisor ? Legal advisor profession is a profession of the public trust. A legal advisor should exercise his profession with due diligence resulting from the knowledge of the law and the ethical principles binding all legal advisors in Poland. A legal advisor must be entered on the list of the regional bar, which is connected with passing through the three-year training and/or passing the professional exam.

Performance of the legal advisor profession : Performance of legal advisor profession consists of providing legal assistance, in particular legal advice, drafting legal opinions, bills, expressing opinions about the acts of law and appearing before courts and public authorities except of defense in criminal proceedings and proceedings in cases of fiscal, revenue offences. Legal assistance consists in particular in providing legal advice and consultations, giving legal opinions, and ensuring legal and court representation.

Legal advisor can perform his profession within the framework of an employment contract, on the basis of civil law agreement, in legal advisor’s office and civil partnership, registered/general partnership, professional or limited partnership.

Difference between legal advisor and advocate : The main difference between legal advisor and an advocate in Poland is the scope of cases, in which they can act as the attorneys. A legal advisor cannot act as a counsel for the defense in criminal proceedings and proceedings related to fiscal, revenue offences. Another difference is that legal advisor can be employed on the basis of employment relationship in a company but advocate can not. Advocate performs his profession on the basis of a civil law agreement, in an advocate’s office as well as in a private, general or limited partnership.