Frequently Asked Questions

or the questions that you need answered

Legal counsel

Why is worth it to make use of legal counsel?

Contrary to popular belief, the law is not just a collection of rules and regulations. It is first and foremost a set of descriptions of rules of behavior and the consequences of not respecting them in given situations that arise from these rules. This fundamental distinction illustrates that simply reading the text of a law may not be enough to establish your own legal situation. The law is also a scientific discipline concerning when and how to apply particular regulations. In order to apply the law, you must interpret it, and establish mutual relations between its particular elements. In order to move confidently through the world of law, you must also know which organs of public administration will apply the law in a given situation, and what procedure they will follow. By making use of professional legal counsel, we minimize the risk of making a mistake and increase the probability of achieving a favorable result. In legal matters, the old adage “an ounce of prevention is worth a pound of cure” is borne out.

Why is legal counsel so costly?

First of all, it’s important to distinguish between the ideas of “expensive” a “high nominal price”. Legal counsel should not be expensive, though it is often costly.
The leading factor influencing this is time. To conscientiously provide legal counsel requires enormous amounts of time. A lawyer must first become familiar with the evidence, documents must be read. Legal counsel cannot be based only on oral testimony because changing one conjunction or comma can have a colossal effect on the interpretation of legislation, on the provisions of a contract, or on an administrative decision. In every case, the applicable legislation must be analyzed, even when the lawyer is already familiar with it. Next the lawyer must formulate his or her thoughts in writing. This is the culmination of the previous process, in which it is vital to pay attention to details and logic; haste is in reverse proportion to quality.

Couldn’t it be done cheaper?

This question is closely related to the previous question. As with every service, the work can be done:
a) quickly
b) cheaply
c) and at a high level of quality
We always give our clients a choice of two out of three of the above.

What guarantee do I have of winning?

A legal representative aims to thoroughly assess the legal situation of the client, including the strong and weak points of the case. This makes it possible to work out an action plan and to use all means which are available in a given situation. The purpose of this procedure is to lead towards a situation in which we have certainty that we have exploited all legal recourse for the achievement of a favorable result.
Polish law, however, does not permit an attorney or legal counsel to take responsibility for the results of a case or to guarantee success. The role of the lawyer is to maximize the probability of winning.

Why is the cost what it is, and not something different?

Our fees have evolved in the course of work as the result of a consensus between ourselves and our clients. There are very many law offices on the legal services market, and each one has a slightly different philosophy of work. In our opinion, a key factor is understanding and good cooperation between the legal representative and client. The price is a secondary question. Additionally, we feel that the cost of legal services in every case should be marginal when compared to the added value that it creates.

What does the use of legal counsel give me?

Legal matters, especially court cases, tend to be highly emotional affairs. These emotions, in turn, negatively influence and interfere with a cool assessment of the situation. No one is free from emotions when it comes to their own affairs, and this makes it difficult or impossible to present one’s arguments in the optimal way. A good illustration of this is the fact that lawyers do not typically represent themselves in court, and instead engage other lawyers to do so, just as non-lawyers do.
A representative is a person who acts on our behalf, but is not burdened by our emotional baggage. The lawyer looks at the case from outside, is not emotionally involved, but instead is free to concentrate on maximizing the chances of winning.

The conduct of cases

Should I accept correspondence?
Absolutely, bearing in mind that you generally have 14 days to do so. Not accepting correspondence does not bring any tangible benefits. All relevant procedures in Poland envision the possibility of so-called substituted service. In a situation where a party to the case, either a natural person or a legal entity, does not accept correspondence at the address indicated in court records, the relevant administrative organs assume a fiction of delivery, and the correspondence is left in case records and deemed to have been served.
The case then moves forward with negative consequences. The administrative organs treat an individual who does not accept the correspondence as a party to the case, but a party which remains passive in relation to it. This means that the claims of our adversaries are not questioned, significantly increasing the risk of losing the case.

Meeting deadlines

Deadlines are a further formal aspect of every case, an aspect which must be respected under all circumstances. Failure to respect deadlines invariably brings negative consequences to the party which does so. Actions which are taken after the fact do not invoke legal consequences. In such a situation, it is possible to lose a case even when the facts of the case are in our favor.
If a party fails to meet a deadline due to circumstances beyond their control, it is possible to apply for an extended deadline. The courts analyze whether obstacles to respecting the deadline were substantively objective, and whether the party indeed would have been unable to respect the deadline even with appropriate diligence. In this situation, it is important to remember that there is a 7-day time limit for applying for extension of a deadline. Courts and other administrative organs for obvious reasons very scrupulously examine conditions for the extension of a deadline.

Summons

A summons to appear before the court is intended to facilitate explanation or testimony from parties or witnesses, that is from personal sources. Ignoring a summons can result in especially unpleasant consequences, up to and including being compelled to provide testimony, custody, and provisional arrest. Particularly in the case of criminal and fiscal penal proceedings, it is crucial to treat all summons seriously. Ignoring a summons may mean that the most negative of consequences occur much more quickly than in other cases.