Transformacja praktyki radcy prawnego w relacjach z klientem poprzez podejście kompetencyjne do etyki zawodowej: uwagi na tle nowelizacji Kodeksu Etyki Radcy Prawnego
Transformation of attorney-at-law practice in client relations through a competency-based approach to professional ethics: remarks in the context of amendments to the Code of Ethics for Attorney-At-Law

Summary/Abstract: The amendment to the Code of Ethics for Attorney-at-Law, which came into force on 1 January 2023, has strengthened client autonomy and decision-making capacity, while further specifying the attorney-at-law’s informational duties. These changes are a part of a broader transformation of the attorney-at-law–client relationship, emphasising its collaborative character, fostering the egalitarian decision-making processes, and taking into account the social conditions of professional practice. They require the development of attorneys-at-law’s professional competencies that enable reliable support for clients in decision-making. Professional competencies encompass the performance of tasks in accordance with the standards of a given profession, shaped by knowledge, experience, attitudes, and the organisational context. The paper presents a competency-based approach to the professional ethics of attorneys-at-law, including a competency profile that identifies key skills and attitudes, organised into specific groups, as well as a model indicating ways of their practical implementation. This approach enables the integration of expert legal knowledge with clients’ real-life experiences, contributes to reducing informational disparity, and strengthens clients’ capacity for informed decision-making. Its justification is grounded in the theory of pragmatic metaethics, which emphasises the importance of social experience and practical reasoning. The competency-based approach constitutes a factor transforming legal culture, shifting the emphasis from the traditional service-oriented model towards inclusive support for clients’ decision-making capacity.

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