Foreign Lawyers as Part of Legal Assistance System in Poland

Abstract

As per the Law on Provision of Legal Assistance by Foreign Lawyers in the Republic of Poland, foreign lawyers are permitted to provide legal advice in Poland. This law comprehensively regulates the legal status of expert attorneys from the European Union and beyond. The scope of assistance rendered by foreign EU lawyers does comply with the scope of legal help provided by individuals who pursue legal careers defined in the Polish Act on the Bar and in the Law on Legal Counselling. Foreign lawyers may not perform activities which pertain to different legal professions than those of a barrister or a legal advisor. This applies especially to: solicitor’s/barrister’s privilege, legal protection, freedom of opinion, as well as appearance in formal apparel in the courtroom. Having fulfilled certain prerequisites concerning being entered in a given register, EU lawyers are entitled to have a steady practice or to provide cross-border service. With a view to protecting the domestic market of legal advisors, permanent practice of non-EU lawyers was limited. What differs, though, is the recognition of qualifications and entry in the register, forms of the services provided, and, above all, the objective scope of performed legal services.