Magdalena Bojańczyk

The legal market is becoming increasingly competitive, with demand for top-level services growing amid a decline in the number of qualified professionals and the ability of companies to meet this demand. Therefore, global competition today is not for the client, but for qualified specialists. 🔹 Vadym Ivanov, Managing Partner, shared his thoughts on the trend of legal market segmentation, global competition and key challenges of the industry in an interview with Yurydychna Gazeta (Legal Newspaper). Follow the link in the comments to read the full interview 🔗

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I wonder if the Post Office's lawyers have read the Law Society's Practice Note on Legal Professional Privilege (LPP) recently? Here are some of the key sections: - In recent years, LPP has come under attack, particularly from regulatory bodies, and sometimes from parliamentary committees and even senior politicians. For example, from time to time concerns have been expressed as to whether lawyers might encourage clients to mis-use this right by advising them to assert LPP without any justifiable basis in order, for example, to hide evidence of their clients’ wrongdoing. - In particular, reliance on LPP should not be viewed as a means of encouraging the shielding of wrongdoing. In English law, LPP cannot arise where a lawyer’s assistance has been sought to further a crime or fraud, or other equivalent conduct. - LPP does not arise where: ·      it has been defeated by the client’s actions - In summary, LPP does not arise where a lawyer’s assistance has been sought to further a crime, fraud or any other equivalent underhand conduct which is in breach of a duty of good faith or contrary to public policy or the interests of justice. - It is irrelevant whether the lawyer is aware of the client's iniquitous purpose or whether they are the unwitting victim of a client's mechanism to achieve the client’s fraud. - LPP cannot be relied upon to prevent the disclosure of documents designed by the client to further iniquity. - If a solicitor suspects or believes that their client has a fraudulent, criminal or otherwise iniquitous purpose in seeking their advice, the solicitor should consider whether they can continue to act. - If a solicitor persists with an assertion of LPP that they know was advanced in bad faith, they may be exposed to liability for conspiracy to pervert the course of justice, as well as regulatory action for breaches of professional conduct obligations. I wonder how much of this will be pursued by the Solicitors Regulation Authority when it comes to investigate the conduct of POL's lawyers?

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Whether your business is moving into a jurisdiction for the first time or you simply need to sense check the policies and procedures you already have in place, our Global HR Audit tool is a must have. Find out more here. #squirepattonboggs #globalhraudit

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I encourage you to read the article!

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As of today, the provisions of the Act of 14 June 2024 on the protection of whistleblowers have come into force in Poland. This legislation marks a significant step towards enhancing transparency and accountability by imposing specific obligations on entities, including the establishment of whistleblowing channels, and safeguarding individuals who report wrongdoing, ensuring they are not subject to retaliation. The Act necessitates a cultural shift within organisations, fostering an environment where employees feel safe and supported in reporting issues. However, some of the Act’s provisions are vague, leading to uncertainties about their practical application. Łukasz Burakowski and Michał Góral outline the most pressing concerns relating to the implementation of the Act. Please feel encouraged to read.

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Arbitration in #Poland has been on the rise in recent years, with Warsaw serving as the main hub for arbitration proceedings. The city is home to some of the most reputable arbitration institutions, including the Court of Arbitration at the Polish Chamber of Commerce. Commercial disputes, particularly post-M&A, construction, and lease-related disputes, make up the majority of cases handled by these institutions. Part V of the Polish Code of Civil Procedure, also known as the Polish #Arbitration Law, governs the arbitration process in Poland. Originally enacted in 1964, the latest version was modified in 2015 and is based on the #UNCITRAL Model Law. A resourceful article by Aceris Law • International Arbitration Law Firm #arbitration #disputeresolution #legalproceedings #commercialdisputes BEAM ADR

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