prosecutor, legal representative of the State, with the exception of trials involving the Treasury, their primary duties include prosecution, supervision over police investigations and acting on behalf ofpublic interest in all trials;
solicitor of the Treasury, legal representative of the Treasury where significant State property is at stake, their representation is also mandatory in all trials involving the Treasury at central courts,
advocate, whose main function is to provide legal assistance, prepare legal opinions and drafts of legislative acts, and represent persons before court in civil, administrative and criminal trials;
attorney at law, whose main function is to provide legal assistance, prepare legal opinions and drafts of legislative acts, and represent persons before courts in civil, administrative and criminal trials;
notary, whose job consists of mixture of civil law notary and notary public duties;
bailiff, a public officer whose main function is to execute court's decisions concerning civil claims.
building 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:
tax advisor, whose main function is to advise persons in tax matters, represent them before courts and State authorities in tax matters and perform other activities related to tax law;
patent attorney, whose job consists of rendering legal assistance in industrial property matters.
The division adwokat / radca prawny was created by a 1959 law which forbade advocates from advising socialised economy units, and introduced the new profession of radca prawny for that purpose. Advocates and attorneys at law have their own independent bar associations ; 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 Attorneys at Law, and vice versa. Lawyers can be members of both bar associations at the same time, however they cannot practice both professions concurrently. Since 2015, the position and rights of advocates and attorneys at law 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: The two bar associations have their own rules and ethical codes according to which: While the Polish term radca prawny was usually literally translated to legal advisor, in 2018 the bar adopted attorney at law as the official translation, to avoid a misconception that its members only provide legal consulation and advise, rather than full range of legal services, including representing their clients in courts.
There are no bar associations for judges and public prosecutors - the Ministry of Justice is in charge of the administration of the professions. Advocates, attorneys at law, 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 attorneys at law, the following options are available:
Master's degree in Law followed by bar training and bar exam;
Master's degree in Law followed by 5 years of legal professional experience and bar exam;
Ph.D. in Law followed by either bar exam or 3 years of legal professional experience;
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 for another 30 months. Then, trainee judges serve internships as law clerks and as referendaries. 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 attorneys at law. Certioraris to the Supreme Court must always be prepared by an advocate or a legal advisor.
Many jurists do not practice law in the strict sense. They may work in public administration, the police, 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.
