The decision of the Regional Court in L. of 16 November 2011, file Ref. No. II Cz 859/11, not published

Paweł Bucoń

The John Paul II Catholic University of Lublin , Poland
https://orcid.org/0000-0002-4413-2588

Abstract

Pursuant to Art. 4 of the Law on the Bar, the attorney’s profession involves, inter alia, the provision of legal advice and acting before courts and other bodies. In accordance with Art. 16 of the Law on the Bar, the fee for attorney’s services is agreed with the client. In cases for which the attorney is appointed ex officio, the fee is charged to the State Treasury. In such situations, minimum fees are governed by the Regulation. Unfortunately, the Regulation does not specify all the fees precisely. Paragraph 5 thereto pertains to such situations; in practice, however, it arouses considerable controversy and is often omitted. The judgment in question concerns the situation where the Court of First Instance committed an error by not applying Par. 5 of the Regulation. Following the proxy’s complaint, the Court of Second Instance reversed the previous judgment and awarded adequate remuneration to the attorney. In the author’s opinion, the Appeal Court was right in adjudging remuneration to the attorney appointed ex officio, also for the provision of a specific type of legal assistance, i.e. the drafting of an opinion on the lack of grounds for lodging an appeal. At the same time, the author postulates that the amendment of the Regulation should include the situation in question and specify precise the remuneration due to the attorney.

Keywords:

ex officio legal assistance, the remuneration of an ex officio attorney, attorney’s fees