ENTRUST US WITH YOUR CASE

Litigation

ENTRUST US WITH YOUR CASE

When a dispute with another person concerns important aspects of one’s life, it often escalates into a conflict that is difficult to resolve amicably. Of course, it is then necessary to negotiate, but this does not always produce the desired results.In such cases, cases end up in court as lawsuits.

Litigation, in whatever matter, is an experience and a stress for most people, because as a rule we do not go to court more than a few times in our lives. When you add to this the complicated procedures, the high level of formalism and the maze of regulations in which one has to navigate, we have a ready recipe for how a court struggle can end in failure. In such circumstances, the assistance of a professional attorney to help avoid such a fate can prove invaluable.

Representation in litigation – the offer

Civil proceedings

Civil cases are those that take place between citizens or entities established under civil and commercial law (e.g. companies, foundations, associations), i.e. between equal parties.

Civil proceedings are adversarial in nature, so the parties are the ones who conduct the proceedings and show the initiative of evidence. The court, on the other hand, assesses what the parties have offered it to substantiate their arguments. It is important to remember that civil proceedings are not necessarily contentious in nature. These are, in fact, the domain of a trial in which arguments and evidence are confronted between the plaintiff and the defendant and one of the parties usually emerges victorious from this dispute.

However, civil procedure is also known for non-procedural proceedings, i.e. proceedings where there does not have to be any dispute between the participants. There are, for example, proceedings for the declaration of inheritance or the dissolution of co-ownership. The majority of civil proceedings, however, boil down to so-called debt recovery proceedings, i.e. proceedings for payment.

This is also the most formalised procedure, in which it is the easiest to make a mistake that cannot be reversed later. The idea behind the legislator is clear – every participant in civil proceedings is treated in the same way and will suffer the consequences of their negligence personally.

Practice, however, as is often the case, is not consistent with the legislator’s intention. In the arena of civil proceedings, David and Goliath often clash, and despite formal equality, it happens that the average Kowalski is powerless in a clash with a large business entity – e.g. a bank.

Of course, it is possible to conduct a civil case on one’s own (with the exception of appearing before the Supreme Court, where attorney-client privilege applies), but having a professional attorney on one’s side can effectively bridge the gap. A professional attorney will navigate smoothly through the maze of rules, will know how to draft a pleading so that it is accepted and will be able to suggest what evidence to present in support of your claims.

An attorney will also be useful in registry proceedings, which are highly formalised, and in such cases the return of an application may be jeopardised by such trivialities as a blank entry not being crossed out.

In civil proceedings, it is particularly important to involve an attorney at the earliest possible stage. In civil cases, the explanation that one was not aware of some unfulfilled obligation or procedural right and that a deadline was missed because the party was not aware of it will not be understood. Even the best lawyer will not be able to reverse the consequences of such an omission. An attorney will also help to soberly assess the litigation situation and the legitimacy of the claim, and thus save money that could have been spent on pursuing unrealistic claims.

Proceedings before administrative courts

While it is possible to prove one’s case before a civil court in a dispute with other citizens, the settlement of conflicts between a citizen and a public administration body is the domain of administrative courts. All kinds of authorities, e.g. tax offices, building supervision authorities, patent office, etc., have the right to issue binding and authoritative decisions in individualised cases of citizens or business entities, which have an effect on their legal situation. Such a decision is a decision.

Of course, the administrative procedure according to which the offices operate also provides for a system of appeal against such a decision, but if, despite having exhausted this route, we still believe that our rights have been violated and the decision has been issued in violation of the regulations, we are entitled to file a complaint to the regional administrative court.

The procedure before the administrative courts is complicated almost as much as the civil one. In order to properly structure a complaint, one has to demonstrate considerable knowledge and experience, and although the provincial administrative courts are not bound by the boundaries of the conclusions and allegations of the complaint, nor by the legal basis invoked, in practice they rarely go beyond this framework.

The situation is different with the second instance of the proceedings before the administrative courts, i.e. with the cassation appeal and its adjudication. The right to appeal against the resolution of the complaint d

of the provincial administrative court is vested in both parties to the dispute, i.e. both the complainant dissatisfied with the dismissal of its complaint and the authority, in the event that the complaint is upheld. In the case of an appeal to the Supreme Administrative Court, an advocate or a legal adviser (possibly, in certain categories of cases, a tax adviser or a patent agent) will be required to lodge the complaint. This is because, in the case of the filing of this appeal, the so-called advocate-counsellor compulsion applies, so a complaint that has not been signed by a representative of either of these professions will not be accepted for consideration at all.

At this point, it should be mentioned that, in contrast to the first instance administrative court, the Supreme Administrative Court is already bound by the allegations and conclusions of the cassation appeal and cannot go beyond its content. Therefore, the choice of an attorney who will draft such letters for us is crucial. Of course, it is definitely easier to construct a cassation complaint if the proceedings before the Voivodship Administrative Court have been conducted diligently and actively, which is why the attorney is already an important link at this stage.

Criminal proceedings

Criminal procedure, although it may appear to be the most informal and lacking in features such as civil proceedings, i.e. burdening the parties with the consequences of their oversights, the stakes involved in criminal proceedings are usually so high that it is highly risky to proceed on your own.

We can encounter criminal proceedings from several perspectives. Obviously, we will find ourselves in the most difficult position being a suspect in pre-trial proceedings and a defendant at the trial stage. However, this is not the only role in which we can act with an attorney. Equally important is the attorney for the auxiliary accuser and therefore the victim or, in extreme cases, a member of the victim’s family.

Criminal proceedings, although less ossified, require a precise strategy. For it is easy, quite unintentionally, to make one’s own procedural situation worse. While a person who is suspected or accused of a criminal act may not defend himself and, according to the rules of criminal procedure, should not be convicted if not proven guilty, testing the operation of the presumption of innocence on one’s own skin is a va banque game.

Non-defence as a strategy is not out of the question, but the experience of a solicitor or barrister will help to determine whether it should be adopted in a particular case, or perhaps to present evidence of one’s innocence.

It is important to consider that even if you are not facing imprisonment, a conviction in criminal proceedings, even to one of the custodial sentences (fine or restriction of liberty), can make life significantly more difficult. Therefore, even in such cases it is worthwhile to defend oneself with adequate measures.

Question for a preliminary ruling

If you have ended up in a Polish court with an unfavourable judgment you still have the possibility to enforce your rights – even after the proceedings have ended. A question for a preliminary ruling is a procedure which may give you the chance to have a national court’s decision in civil, administrative (including tax) and criminal matters reviewed by the Court of Justice of the European Union (CJEU). Skarbiec Law Firm offers comprehensive legal assistance in the preliminary ruling question procedure, both at the stage of domestic proceedings and after the case has been concluded. With a question for a preliminary ruling you have the chance to have the CJEU’s final interpretation of EU law. If your loss before the national court was due to a misinterpretation of EU law, a question for a preliminary ruling can restore justice. More details >>

Litigation – areas of our support

1. in civil and commercial cases:

2. in corporate matters (company law, Commercial Companies Code):

3. In administrative matters

4. in commercial criminal matters including the instrumental conduct of criminal, security and enforcement proceedings

5. fiscal matters