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25 - Poland

Published online by Cambridge University Press:  05 June 2013

Wojciech Marchwicki
Affiliation:
Advocate, member of the Professional Ethics Committee at the National Bar Council
Marek Niedużak
Affiliation:
Advocate, assistant lecturer at the Department of Theory and Philosophy of Law at Kozminski School of Law
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Summary

Preliminary note

There are two similar free legal professions in Poland – advocate (adwokat), which is comparable to a certain extent to the English barrister, and legal adviser (radca prawny), somewhat analogous to the English solicitor – whose members belong to two separate and independent bars, and therefore the rules concerning the lawyer's obligation to maintain the confidentiality of information entrusted to the lawyer in connection with his or her practice are codified in separate statutes and internal bar regulations. The rules for the functioning of the two legal professions are set forth in separate legal acts: the Law on Advocates and the Act on Legal Advisers.

Whereas advocates work only as independent practitioners, a legal adviser may also practise the profession as an employee (in-house lawyer). The division into these two professions and a lawyer's membership of one of the corresponding bar associations is not of merely formal significance, but has some bearing on the scope of protection of professional secrecy (discussed below).

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Publisher: Cambridge University Press
Print publication year: 2013

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References

Payen, F, O powołaniu adwokatury i sztuce obrończej (The Advocate's Calling and the Art of Defence), Warsaw and Cracow, 1938, at 161–2Google Scholar

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  • Poland
    • By Wojciech Marchwicki, Advocate, member of the Professional Ethics Committee at the National Bar Council, Marek Niedużak, Advocate, assistant lecturer at the Department of Theory and Philosophy of Law at Kozminski School of Law
  • Compiled by The Bar of Brussels
  • Book: Professional Secrecy of Lawyers in Europe
  • Online publication: 05 June 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139382656.026
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  • Poland
    • By Wojciech Marchwicki, Advocate, member of the Professional Ethics Committee at the National Bar Council, Marek Niedużak, Advocate, assistant lecturer at the Department of Theory and Philosophy of Law at Kozminski School of Law
  • Compiled by The Bar of Brussels
  • Book: Professional Secrecy of Lawyers in Europe
  • Online publication: 05 June 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139382656.026
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • Poland
    • By Wojciech Marchwicki, Advocate, member of the Professional Ethics Committee at the National Bar Council, Marek Niedużak, Advocate, assistant lecturer at the Department of Theory and Philosophy of Law at Kozminski School of Law
  • Compiled by The Bar of Brussels
  • Book: Professional Secrecy of Lawyers in Europe
  • Online publication: 05 June 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139382656.026
Available formats
×