The Polish Senate has approved amendments to the legal counsel act, introducing fines of up to 200,000 PLN for unauthorized title use and new professional governance rules.
Stricter Penalties and Senate Vote
The Senate approved the amendments with 57 votes in favor, zero against, and 22 abstentions. The changes introduce fines between 5,000 and 200,000 PLN or restriction of liberty for the unauthorized use of the legal counsel title or office designation.
The legislation, which was initially passed by the Sejm on April 17, now returns to the lower house. Authorities may impose both a fine and restriction of liberty on those using the title without proper qualifications.
Professional Insurance and Governance Provisions
The amendment enables the National Chamber of Legal Counsel to facilitate group civil liability insurance for its members. It also permits remote meetings and resolutions for self-governing bodies, provided at least half of the statutory members are present.
The new regulations also clarify the procedures for the temporary suspension of a legal counsel during investigations into their fitness to practice and define the right to appeal such decisions.
Restrictions on Organizational Legal Standing
The Senate has limited the ability of regional chambers of legal counsel to act as non-governmental organizations in civil, criminal, administrative, and judicial-administrative proceedings. Their involvement will be restricted to matters protecting professional secrecy and independence.
The National Chamber of Legal Counsel retains its right to act as a non-governmental organization to protect the autonomy and independence of the self-governing body. Participation in proceedings remains subject to the Code of Civil Procedure and Code of Criminal Procedure regarding party consent and the interests of justice.
