Disciplinary proceedings against legal advisers Cover Image

Postępowanie dyscyplinarne wobec radcy prawnego
Disciplinary proceedings against legal advisers

Author(s): Tomasz Niedziński
Subject(s): Constitutional Law, Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: disciplinary proceedings; profession of public trust; legal adviser; disciplinary officer; the accused, sanctions in disciplinary proceedings

Summary/Abstract: The primary aim of this paper is to analyze the nature of disciplinary proceedingsagainst legal advisers. The article arose out of the author’s keen interest in the particular character of disciplinary proceedings as extrajudicial proceedings conductedby a self-governing body of legal advisers. At the crux of this paper lies the argumentthat the profession of legal adviser, dedicated to spreading legal awareness in society,is under a specific obligation to observe regulations concerning the form and manner in which the profession is practiced. In the paper, the author discusses the typesof disciplinary sanctions, the rights and obligations of the accused, the accuser, andthe injured party, as well as the grounds for and scope of the disciplinary responsibility of legal advisers and legal adviser trainees. The author invokes the vast body ofjudicial decisions of the Supreme Court and the Constitutional Tribunal in order tothoroughly examine the problem discussed in the article.

  • Issue Year: 2014
  • Issue No: 1
  • Page Range: 115-132
  • Page Count: 18
  • Language: Polish