Compulsory representation by a lawyer in a case to which an advocate or an attorney-at-law is a party – will the accepted amendment solve the problem? Cover Image

Przymus adwokacki w sprawie, w której stroną jest adwokat albo radca prawny - czy przyjęta nowelizacja rozwiąże problem?
Compulsory representation by a lawyer in a case to which an advocate or an attorney-at-law is a party – will the accepted amendment solve the problem?

Author(s): Krzysztof Woźniewski
Subject(s): Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: compulsory representation by a lawyer; advocate; attorney-at-law; cassation; party to a case

Summary/Abstract: The subject of the study is the question of the legitimacy of abolition – through the amendment to the Polish Code of Criminal Procedure, adopted on July 19, 2019 – of the compulsory assistance of an advocate or an attorney-at-law by persons who are entitled to such a status according to the law and are themselves parties to the case. In such a procedural arrangement, the question arises as to the justification for the use of procedural representatives by persons who may themselves be such representatives in other procedural arrangements. After presenting possible approaches to this issue, the author, considering it formally admissible to abolish the requirement of the compulsory representation by a lawyer in the aforementioned situation, underlines that it is not, nonetheless, an optimal solution in terms of merit.

  • Issue Year: 2019
  • Issue No: 4
  • Page Range: 11-24
  • Page Count: 14
  • Language: Polish