Cross-border legal services

Cross-border service provision in Poland by a foreign lawyer:


In order for a lawyer from the European Union to provide cross-border services in the territory of Poland, he must comply with a number of requirements which are indicated in the Act of 5 July 2002 on Legal Assistance Provided by Foreign Lawyers in the Republic of Poland (Journal of Laws of 9 August 2002). 

The following situations and relevant criteria for permissibility should be identified:

  1. the performance of a cross-border service involving the representation of a client in proceedings before a court. The foreign lawyer must:
  2. have a professional title obtained in his/her home State, indicating the professional body he/she belongs to or the court before which he/she is entitled to appear. The title must be submitted at the first act – if the document is not in Polish, it should be translated and certified by a sworn translator;
  3. inform the competent local authority for the seat of the court, the Dean of the Regional Council of Bars or the Dean of the Regional Council of the Chamber of Legal Advisers of the commencement of the service,
  4. comply with the professional rules applicable to advocates and legal advisers in Poland, except for those concerning their state of residence and registration on the list of advocates and legal advisers;
  5. respect the rules of professional conduct of legal advisers or advocates and those of their home country;
  6. indicate a person authorised to receive letters in the Republic of Poland;
  7. if, in the course of providing the cross-border service in the proceedings, it is required by law that the party be represented by a legal adviser or an advocate, there shall be an obligation on the foreign lawyer to cooperate with him or her –.
  8. Performing a cross-border service of representing a client in other actions, including before public authorities excluding courts. A foreign lawyer is required to:
  9. have a professional title obtained in his home State, indicating the professional body to which he belongs or the court before which he is entitled to appear. At the request of a public authority/the Dean of the District Bar Council or the Dean of the District Chamber of Legal Advisers, the lawyer must produce the title – if the document is not in Polish, it should be translated and certified by a sworn translator;
  10. observe the rules of professional conduct applicable to legal advisers or advocates and those in force in the home State;
  11.  indicate a person authorised to receive letters in the Republic of Poland;
  12. fulfil the conditions of professional conduct applicable in his home State, including the conditions of professional conduct of advocates and legal advisers, if these can be enforced against a person who does not practise on a permanent basis.

Provision of cross-border services by a foreign lawyer from outside the European Union – the lawyer is entitled only to represent a party or a national of the state in which he is authorised to practise, in civil proceedings, while observing the requirements applicable to a foreign lawyer from the European Union.