Navigating through the maze of Polish law, many people are unsure whether a legal advisor or an attorney is more appropriate to help them with their case. Although both professions are united by their work to protect the rights and interests of clients, there are some formal and practical differences between them. In this article, we provide key information on the competencies, powers and career paths of legal advisors and attorneys to help you make the best choice.
Legal regulation and professional self-government
Both the profession of legal advisor and the profession of advocate are professions of public trust in Poland. They are subject to strict legal regulations, and also have their own professional self-governments and codes of ethics, which detail the rules for performing their duties.
- An advocate acts within the framework of the self-government of advocates regulated by the Law on Advocacy (of May 26, 1982). Membership in the District Bar Council is mandatory, and attorneys are required to abide by the Bar Code of Ethics.
- Legal counsel, on the other hand, functions under the Law on Legal Advisors (July 6, 1982). The professional self-government of legal advisors is the National Chamber of Legal Advisors (KRRP), and the rules of the profession are set forth, among other things, in the Code of Ethics for Legal Advisors.
For a long time, the differences between the two professions were more pronounced (for example, legal advisors could not represent clients in criminal cases), but subsequent amendments have brought the scope of authority of the two professions closer together.
Educational path and route to the profession
The path to becoming an attorney or counselor is similar in terms of formal requirements. Candidates in both cases must complete a five-year law degree, followed by an apprenticeship and pass a state professional exam.
- Thelawyer 's apprenticeship usually lasts three years and includes theoretical classes and internships. After passing the final exam and taking the oath, one can start practicing as an attorney.
- The attorney's apprenticeship also lasts about 3 years, after which the graduate passes the attorney's exam and becomes eligible to practice as a legal advisor.
The difference arises at the stage of practice: advocates cannot be in an employment relationship (except for commission or service contracts), while legal advisors can be employed in companies or public institutions under an employment contract.
Competencies and powers
The scope of competence of legal advisors and attorneys today is almost identical in many areas. It includes, among other things, providing legal advice, drafting opinions and pleadings, and representing clients before courts and administrative bodies. Nevertheless, a few nuances are worth noting:
Criminal cases
Traditionally, attorneys were the only representatives who could act as defense counsel in criminal cases. With legal changes, legal advisors gained the authority to defend in criminal and criminal-criminal cases. The difference is that the legal counsel must then be unemployed under a contract of employment (the so-called "conflict of interest" is excluded).
- Representation in civil and commercial cases
Both legal advisors and attorneys can represent clients in civil, family, inheritance, business, administrative and many other cases.
Employment contract vs. form of cooperation
A lawyer cannot provide legal services under an employment contract (not counting work in a law firm on other terms), while a legal advisor can be a full-time employee of an institution or enterprise. This makes legal advisors often specialize in corporate law, corporate services and labor law issues.
Specializations in practice
In an era of the growing role of narrow legal specializations, both legal advisors and attorneys are increasingly focusing on specific areas. From the client's point of view, it is best to turn to someone who has experience in an area similar to the nature of the case.
Criminal law
Most attorneys focus on representing clients in criminal cases, but solicitors (non-attorneys) can also undertake such defense. Attorneys often additionally specialize in misdemeanor, economic crime or corruption cases.Civil and family law
In divorce, alimony or inheritance matters, both an attorney and a legal counselor will be able to provide professional support. More important here is experience in litigation and effective advice in settlement negotiations.Business and corporate law
Legal advisors, by virtue of their ability to work for companies, often specialize in providing ongoing services to business entities, advising on commercial contracts, labor law or compliance. Attorneys can also perform similar functions, although they usually prefer the law firm model.
When to choose an attorney and when to choose a legal advisor?
In light of the convergence of the powers of the two professions, experience in a particular industry and the reputation of the professional often become the most important criteria. However, it is still possible to identify some situations in which the choice of one or the other may be more obvious:
Criminal and criminal cases
If we need support as defense counsel in criminal proceedings, the choice of an attorney is the most traditional solution. While it is true that a legal counsel can also serve as a defense attorney (as long as they are not employed on a full-time basis), many of them specialize mainly in civil or business law, so an attorney will more often be the "first choice" here.Permanent service to the enterprise
Companies and public institutions, as a rule, choose to establish a relationship with a legal advisor, who can be employed on a permanent basis. This makes it possible not only to provide ongoing legal services, but also to respond quickly to changing needs or legal risks.Family and inheritance matters
Both an attorney and a legal advisor can handle a case for divorce, alimony or inheritance division. Here the level of empathy and the person's experience in the area of family law is key.Administrative matters and handling of public sector entities
Legal advisors often specialize in administrative law, including handling public entities. In the case of disputes with administrative bodies or the need for ongoing service to municipalities, cities or government institutions, a legal advisor may be the best choice.
