Polish lawyers may work in
Because an
In the reasons for judgment of the
The licensed legal professions are as follows:[11]
Some legal professions may also be performed by graduates in other specific disciplines, such as economics or engineering. They require an appropriate admission examination to be passed; as such, lawyers are authorised to represent persons before courts in matters related to their profession. Such professions include:
In
In the 16th-century, lawyers of that time were called procuratores mercenarii, i.e. paid substitutes in litigation. In this way, they were distinguished from non-professional substitutes called procuratores. From the phrase procuratores mercenarii, the term mecenas was created by gradually eliminating the first segment and the "r" in the second word. It appeared as early as the 18th century in its modern form and became popular in the 19th century.
The title of mecenas is purely a matter of courtesy and is not protected by the law. It is most commonly used to address advocates and attorneys at law[17] and can be loosely compared to the English counsel.
In 2014, the Press Office of the National Bar Council of Advocates called for the title of mecenas to be reserved only for advocates and attorneys-at-law, but this remained without impact on the practice of the media and legal community.[18]
The division between adwokat and radca prawny was created by a 1959 law that forbade advocates from advising socialised economy units (primarily
Advocates and attorneys at law have their independent bar associations (both are members of the Council of Bars and Law Societies of Europe); membership is obligatory for those willing to practice the respective profession:
Currently, admission to the National Bar Council of Advocates is open to the National Bar Council of Attorneys-at-Law members and vice versa. Lawyers can be members of both bar associations simultaneously; however, they cannot practice both professions concurrently.
Since 2015, the position and rights of advocates and attorneys at law are identical in almost all matters, leading to public discussion on the unification of the two professions.[19] Legal regulations regarding the two professions slightly differ:[20]
The two bar associations have their own rules and ethical codes according to which:[21][22]
While the Polish term radca prawny was usually literally translated to a legal advisor, in 2018, the bar adopted attorney at law as the official translation to avoid a misconception that its members only provide legal consultation and advice, rather than the full range of legal services, including representing their clients in courts.[14][23]
There are no bar associations for judges and public prosecutors. The Ministry of Justice is in charge of the administration of the professions, while the President of the Republic of Poland appoints judges. Advocates, attorneys at law, notaries, bailiffs, patent attorneys, and tax advisors have their bar associations.
There are several ways of admission to the bar. As to advocates and attorneys at law, the following options are available:[24][25]
An examination for admission to bar apprenticeship for advocates and attorneys at law is a written test. A hundred out of a hundred and fifty points guarantee admission. The examination covers: 1)
Bar training for advocates and attorneys at law lasts for three years and consists of theoretical and practical courses. Each trainee (Polish: aplikant) has a patron, who must be a practitioner from the respective bar. The bar examination is a written exam that lasts four days and consists of preparing various documents and briefs in the following areas: criminal law, civil or family law, commercial law, administrative law, ethics.
Bar training for notaries is slightly shorter (two and a half years) and covers different areas of law.
The body in charge of training for future judges and public prosecutors is the National School of Judiciary and Public Prosecution in Kraków. After one year of general training, the candidates proceed to specialised training for another thirty months. Then, trainee judges serve apprenticeships as law clerks (twelve months) and as referendaries (Polish: referendarz). A similar apprenticeship is required for future public prosecutors.[26]