When a dispute touches something that matters—your livelihood, your property, the truth about what happened—conversation tends to harden into conflict. You negotiate, of course. You try to find common ground. But sometimes the other side won’t budge, or can’t, and what began as a disagreement ends up in court.
For most people, litigation is a rare and unsettling experience. You might face a judge two or three times in your life, if that. The courtroom operates according to its own elaborate choreography: arcane procedures, rigid formalities, statutes that seem to reference other statutes in an infinite regress of legalese. It’s easy to lose your footing. It’s easier still to lose your case. This is when a lawyer—someone who knows the steps, who’s danced this dance before—becomes not just helpful but essential.
Legal Representation in Litigation
What We Offer
- Analysis of your legal position
- Strategic planning for civil, administrative, criminal, and tax-criminal proceedings
- Evidence gathering and evaluation, working with private investigators when necessary
- Preparation of all court filings
- Debt collection litigation and representation in enforcement proceedings
- Trial representation before all court levels, including the Supreme Court
- Defense and prosecution in criminal matters—white-collar crime, tax offenses, asset concealment, money laundering, fraud
- Preliminary reference procedures to the Court of Justice of the European Union
Civil Proceedings
Civil cases unfold between citizens, or between entities created under civil and commercial law—corporations, foundations, associations—parties who, in the eyes of the law, stand on equal ground.
The proceedings are adversarial. The parties, not the judge, drive the case forward. They present evidence, make arguments, carry the burden of proof. The judge evaluates what’s been offered, weighs the competing claims, and decides. Not all civil cases involve a dispute. Some are merely administrative: probate matters, partition of jointly owned property. But most civil litigation comes down to one party trying to extract money from another—what lawyers call collection actions.
Civil procedure is the most formalized arena in the Polish legal system, which means it’s also the easiest place to make an irreversible mistake. The legislature’s animating principle was straightforward: treat everyone the same, and make them live with the consequences of their oversights. In theory, this levels the playing field. In practice, it often does the opposite. You get David-and-Goliath matchups: an ordinary citizen facing off against a bank, say, or a multinational corporation. Formal equality doesn’t mean much when one side has a legal department and the other is trying to figure out how to file a motion.
You can represent yourself in most civil cases. (The Supreme Court requires a licensed attorney or legal counsel.) But hiring a professional can eliminate the asymmetry. A lawyer knows how to navigate the statutory labyrinth, how to draft a brief that won’t be rejected on technicalities, which evidence will actually persuade a judge. This matters especially in registration proceedings—applications to update the land registry, for instance—where a single uncrossed box can get your filing tossed.
The earlier you bring in counsel, the better. In civil court, ignorance is no excuse. Miss a deadline because you didn’t know it existed, and there’s nothing even the most skilled attorney can do to undo the damage. A good lawyer will also give you a clear-eyed assessment of your chances—which can save you from spending money to pursue a claim that was never going anywhere.
Administrative Court Proceedings
Civil courts handle disputes between private parties. Administrative courts handle disputes between citizens and the state. Any government agency—the tax authority, the building inspector, the patent office—can issue binding decisions that affect your legal rights. If you think such a decision violates the law, and you’ve exhausted your administrative appeals, you can file a complaint with the provincial administrative court.
The procedure is nearly as complex as civil litigation. Drafting a proper complaint requires expertise and experience. The provincial administrative courts aren’t bound by the specific arguments you make or the legal provisions you cite—in theory, they can consider issues you didn’t raise. In practice, they rarely venture beyond the four corners of your complaint.
Appeals to the Supreme Administrative Court are different. Either party can appeal an adverse ruling from the provincial court. But at this level, legal representation is mandatory: only a licensed attorney, legal counsel, tax advisor, or patent attorney can sign the cassation complaint. If the filing doesn’t bear the right signature, it won’t even be docketed.
The Supreme Administrative Court, unlike the lower administrative courts, is bound by the arguments in your cassation complaint. It can’t go outside the scope of what you’ve alleged. Choosing the right lawyer to draft that document is critical. And it’s much easier to write a strong appeal if the case was handled competently in the first instance. By the time you reach the Supreme Administrative Court, the groundwork should already be laid.
Criminal Proceedings
Criminal procedure might seem less rigid than civil litigation—less burdened by technicalities, less likely to punish a party for procedural missteps. But the stakes are higher. When your freedom is on the line, going it alone is a gamble most people can’t afford.
You might encounter the criminal-justice system in several roles. The most precarious is as a suspect during the investigation, or as a defendant once charges are filed. But you might also be the victim, or a victim’s family member, participating as a subsidiary prosecutor. In either role, a lawyer matters.
Criminal proceedings demand precise strategy. It’s easy to make things worse without meaning to. A defendant has the right to remain silent, and the prosecution bears the burden of proving guilt. But relying on the presumption of innocence as your only defense is a risky bet. Whether to stay silent or present exculpatory evidence is a tactical decision—and it’s one that benefits from professional judgment.
Even when prison isn’t a possibility, a criminal conviction can alter your life. A fine or a restriction on liberty might seem minor, but it can affect your employment, your ability to travel, your reputation. In cases like that, it’s worth mounting a defense proportionate to what’s at risk.
Preliminary References to the CJEU
Losing a case in a Polish court doesn’t have to be the end. If the case involves European Union law, you have another option: a preliminary reference to the Court of Justice of the European Union. This procedure allows the CJEU to interpret E.U. law and, in effect, review the reasoning of the national court. It’s available in civil, administrative (including tax), and criminal matters. Skarbiec Law Firm provides comprehensive assistance with preliminary references, both during the domestic proceedings and after a final judgment. A reference gives you a chance at the authoritative interpretation of E.U. law. If your loss in the national court stemmed from a misreading of European legal provisions, a preliminary reference can restore what was taken. [More details >>]
Litigation – areas of our support
Areas of Litigation Support
1. Civil and Commercial Matters:
- Debt collection
- Damages claims (as plaintiff)
- Defense against damages claims
- Property-law disputes
- Interlocutory and appellate proceedings
- Land-registry proceedings
- Actions to conform the land registry to actual legal status
- Protection of personal rights
- Liability of corporate officers for company obligations
- Motions to set aside arbitration awards
- Motions for recusal of judges
- Unjust-enrichment claims
- Declaratory actions (existence, nonexistence, or terms of a legal relationship)
- Partition of jointly owned property
- Summons to settlement conference
- Inheritance claims (forced-share disputes)
- Claims on promissory notes
- Claims arising from succession
- Actio Pauliana (fraudulent-transfer actions)
- Invocation of mistake in legal disputes
- Counterclaims
- Objections to default judgments
2. Corporate Matters (Company Law, Commercial Companies Code):
- Judicial Expulsion of Shareholders
- Defense against claims under Article 299 of the Commercial Companies Code
- The Action to Set Aside a Shareholders’ Resolution
- Comprehensive representation in registration proceedings before the National Court Register, including initiation of enforcement proceedings and representation throughout
- Petitions for ex officio amendments to the Register
- Actions to dissolve a company
- Appointment of a custodian for a company
