The Polish Senate has passed an amendment to the Legal Counsel Act with five key changes, introducing stricter penalties for unauthorized title use and new insurance provisions.
Legislative Approval and Penalties
The Senate passed the amendment with five changes in a vote where 57 senators were in favor, 22 abstained, and none were against, out of 79 participants. The act, which the Sejm previously passed on April 17, will now return to the Sejm.
The amendment introduces fines between 5,000 and 200,000 PLN or restriction of liberty for the unauthorized use of the legal counsel title. It also extends protection to the designation of legal counsel law firms, applying the same penalties for unauthorized use.
Governance and Professional Insurance
The law allows the National Chamber of Legal Counsels to provide group professional liability insurance for its members. It also permits governing bodies to hold remote meetings and pass resolutions, provided at least half of the statutory members are present.
Furthermore, the regulations clarify the terms for the temporary suspension of a legal counsel during investigations regarding their fitness to practice and specify the right to appeal such decisions.
Organizational Rights and Procedures
Amendments limit the capacity of regional chambers to act as non-governmental organizations, restricting their role in civil, criminal, and administrative proceedings to protecting professional secrecy and the independence of legal counsels. The National Chamber of Legal Counsels retains similar powers to protect the autonomy and independence of the self-governing body.
These powers are exercised under the Code of Civil Procedure and the Code of Criminal Procedure, allowing organizations to initiate lawsuits or join proceedings with written consent, or allowing court intervention in the interest of justice.
