The Polish Sejm passed amendments to the Act on Legal Counsel, strengthening penalties for unauthorized practice and enabling group liability insurance.
Amendments Adopted by Sejm
On Friday, the Sejm adopted an amendment to the Act on Legal Counsel, increasing penalties for the unlawful use of the professional title and allowing the National Council of Legal Counsel to establish collective civil liability insurance for legal counsel.
The vote passed with 261 votes in favor, no votes against, and 173 abstentions. The amendment will now proceed to the Senate.
Legislative Process
The commission’s draft amendment was submitted to the Sejm in October of last year. The first reading in the Sejm’s Justice and Human Rights Committee lasted several months, with discussions and amendments finalized in March of this year. The Sejm debated the project on Tuesday.
Penalties for Unauthorized Practice
The amended Act on Legal Counsel introduces fines ranging from 5,000 to 200,000 PLN, or restriction of liberty, for individuals who use the title of legal counsel without proper authorization.
The amendment also extends legal protection to the designation of law firms of legal counsel – previously only the professional title was protected – and applies the same penalty (from 5,000 to 200,000 PLN, or restriction of liberty) for unauthorized use of this designation. Both penalties, a fine and restriction of liberty, may be imposed on a person using the title without the necessary qualifications.
Temporary Suspension and Remote Meetings
The adopted changes also detail the temporary suspension of a legal counsel in the event of an investigation into their inability to practice the profession, and clarify the possibility of appeal against such a resolution.
The amendment also enables remote meetings and resolutions by self-governing bodies, the Presidium of the National Council of Legal Counsel, and the presidia of regional bar associations, provided that resolutions are adopted in the presence of at least half of the statutory number of members.
Expanded Powers for Bar Associations
The changes grant regional bar associations non-governmental organization status in matters of protecting the independence of legal counsel, professional secrecy, and supervising the proper performance of the profession by legal counsel and legal trainees. These powers would apply in civil, criminal, administrative, and administrative court proceedings.
The National Council of Legal Counsel will also have these powers within the scope of its tasks related to protecting the autonomy and independence of the self-governing body.
Group Insurance and Effective Date
Importantly, the amendment allows the National Council of Legal Counsel to conclude collective civil liability insurance for legal counsel.
The Act will come into force 14 days after its publication.
