Poland International Trade in Legal Services

Is there legislation governing the legal sector

The Law on Advocates (ustawa z dnia 26 maja 1982 r. – Prawo o adwokaturze;  Act of Parliament on Legal Advisers (ustawa z dnia 6 lipca 1982 r. o radcach prawnych)

Under what title do lawyers practise?

Adwokat  (advocate)  and Radca Prawny (legal adviser)

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

In order to obtain a licence to practise in Poland, an individual must have: 1) Completed higher legal studies in the Polish Republic and received a master's degree or foreign law degree recognised in the Polish Republic, 2) passed the bar examination set either by the Polish Bar Council or National Chamber of Legal Advisors. There are several ways to gain admission to the bar, including: three years of training followed by the bar exam; five years of legal professional experience followed by the bar exam; a Ph.D. in law followed by either the bar exam or 3 years of legal professional experience; or possession of high academic qualifications in legal sciences.

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

The licence to practise in Poland is national

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

Advocates have the exclusive right of audience in court on criminal matters and tax crime. Advocates and Legal Advisers share the reserved rights to provide legal advice to businesses, agencies and individuals, prepare legal opinions, draft legislation and represent clients in court for non-criminal matters.

No

What legal forms can lawyers work in? (e.g. self employment, partnership, limited liability partnership, multi-disciplinary partnership, incorporation)

An advocate can practice his/her profession in an advocates’ office [kancelaria], Bar Association [zespól adwokacki] or through a registered partnership [spólka jawna], civil law partnership [spólka cywilna], professional partnership [spólka partnerska] or limited partnership [spólka komandytowa] with the exclusive participation of advocates or advocates and legal advisers [radca prawny] including as general partners in a limited partnership [spólka komandytowa], and as well as foreign lawyers with a permanent practice pursuant to the law dated 5 July 2002 on the provision of legal assistance by foreign lawyers in the
Republic of Poland (Journal of Laws no.126 item 1069). The sole object of the partnership's activities must be the provision of legal services. Legal advisers may work as sole practitioners or in law firms.  A legal adviser may exercise his or her profession within the framework of an employment contract, on the basis of a civil law agreement, in a legal counsel’s office as well as in a private, general or limited partnership, while only legal counsels and attorneys at law and foreign lawyers performing regular practice pursuant to the Act dated 5 July 2002 on the Provision of Legal Assistance by Foreign Lawyers in the Republic of Poland (Journal of Laws No 126 item 1069) may be partners in a private, general or limited partnership or general partners in a limited partnership, and the sole area of activity of such partnerships shall be limited to providing legal assistance.

What other ethical or regulatory requirements must a licensed lawyer comply with? 

Legal Advisers must comply with the Code of Conduct set out by the National Council of Legal Advisers, whilst advocates must adhere to the Code of Ethics for Advocates drawn up by the Polish Bar Council.

Do law firms need to receive a "license" (or permission/approval) to practice law?

Law firms do not require separate licences to operate but advocates and legal advisers must register their practising address with their local bar.

Which authority issues licences? Are there different authorities for individuals and firms? 

The Polish Bar Council issues licences to advocates and the National Council of Legal Advisers licenses legal advisers

Is the jurisdiction a member of the WTO?

Poland joined the WTO on 1 January 1995

Has it made any commitments under GATS in legal services?

Poland has made commitments in modes 1-3 for legal services as defined by UN CPC 861 and is covered by the EU's commitments.  The establishment of a commercial presence to supply legal services is subject to authorization and nationality restrictions for local law.

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

As a member of the European Union, Poland extends special treatment to individuals and businesses from other EEA states (EU plus Norway, Iceland and Liechenstein). Poland is also party to the EU's many bilateral agreements with other countries and free trade areas ( a full list of these can be found at http://www.wto.org/english/tratop_e/region_e/rta_participation_map_e.htm?country_selected=none&sense=s

The EU has comprehensive provisions covering the free movement of lawyers from EEA countries (EU plus Norway, Iceland and Liechenstein) and Switzerland. These include the Establishment Directive for Lawyers (98/5/EC), the Lawyers' Services Directive (77/249/EC), the Framework Services Directive (2006/123/EC) and the Professional Qualifications Directive (2005/36/EC). Collectively these directives permit EEA lawyers to provide services freely cross border within the EEA, to estblish and provide legal services in host as well as home country and international law and to requalify as a host country lawyer. There are limitations on the applicability of the Establishment Directive to EEA and Swiss lawyers holding specific legal titles and EEA (or Swiss) nationality. Provisions covering trade in services are included in the EU's Free Trade Agreements (FTAs) with South Africa, Mexico, Chile, Colombia, Peru, Central America and Korea. Of these, only the agreement with Korea covers legal services explicitly and on the EU side offers no concessions beyond those offered to other members of the WTO.   The EU's other FTAs simply contain a commitment from both sides to 'progressive liberalisation' of trade in services. Negotiations for future FTAs which might include provisions on legal services are ongoing with: Mercosur, Gulf Cooperation Council, Canada, India, Morocco, Ukraine, Moldova, Georgia, Armenia, Singapore, Malaysia, Vietnam.

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

Lawyers from within the EU, EFTA or Switzerland are covered by the various EU directives covering legal services (The Lawyers' Establishment Directive 98/5/EC, the Lawyers Services Directive 77/249/EC). The result of these directives is that any EU, EFTA or Swiss lawyer can provide legal assistance in Luxembourgish as well as foreign and international law and can requalify as a Luxembourg avocat.  Foreign lawyers from outside the EU,EFTA or Switzerland are more restricted in their scope of practice.

There are around 25-30 foreign law firms established in Poland, including UK, US, German, Spanish, French, Portuguese and Austrian firms.

EEA lawyers may practise temporarily as a result of the Lawyers Services Directive (77/249/EEC). Under Article 42 and subject to reciprocity, unless the international agreements ratified by the Republic of Poland or the provisions of the international organisations the Republic of Poland is a member thereto provide otherwise, a lawyer from outside the European Union shall be entitled to provide cross-border services that consist exclusively of a representation in civil proceedings of a party being a national of or belonging to a state, in which the lawyer is authorised to practise the profession.

Poland is one of the 25 countries in Europe that has signed the Schengen agreement. This allows a non-EEA national to obtain a visa to enter one or more of the Schengen countries for business or tourism purposes on a single visit of up to 90 days, or to make multiple entries to the Schengen area on any number of occasions over a 180 day period, provided none of these is for longer than 90 days.  A number of non-EEA countries are exempt from visa requirements.Work permits are issued exclusively for the definite period - up to one year, with a possibility of extension - to a given foreigner working at a specified employer. Market test requirement. No restrictions on business visits, up to three months, related to negotiating or concluding transactions if it does not involve direct provision of services.

Foreign lawyers may practise under their home country title in their home country law or international law. EEA lawyers may additionally practise Polish law in association with Polish lawyers.

All foreign lawyers must register with the Polish Bar or Legal Advisers, practise under his home title, comply with the Advocates' code of conduct and must maintain adequate professional indemnity insurance. 

An EEA lawyer must hold EEA nationality and an EEA legal qualification.

Are foreign lawyers allowed to appear in court under any circumstances?

European Union/EFTA and Swiss lawyers may all appear in court provided they do so in association with a local lawyer. Other nationals may only appear in court in limited circumstances.

Can foreign lawyers requalify as local lawyers?

Can a foreign law firm obtain a licence to open an office?

There is no law firm licensing regime for foreign law firms however all foreign law firms, whether from the EEA or not, must register with the local bar.

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

No

No

No

There are no restrictions on the ownership share of EEA lawyers in a Polish law firm. Foreign law firms may be 100% owned by foreign lawyers.

There is no prohibition on employment of a Polish lawyer by an EEA lawyer or law firm.

A Polish lawyer may enter a partnership with a foreign lawyer

Yes but only under their home title.

Other useful sources or comments or links

Naczelna Rada Adwokacka - The Polish Bar Council
http://www.nra.pl/

Krajowa Rada Radców Prawnych - National Council of Legal Advisors
http://www.kirp.pl/