CODE OF ETHICS OF ATTORNEYS-AT-LAW (radca prawny)
RULES ON PRACTISING THE PROFESSION OF ATTORNEY-AT-LAW

FOREWORD

Ladies and Gentlemen, Dear Colleagues,

We are placing in your hands a consolidated electronic edition of legal acts that are essential for every Attorney-at-Law and Trainee Attorney-at-Law: the Code of Ethics of Attorneys-at-Law and the Rules on Practising the Profession. This is for a reason. In 2022, the Extraordinary National Convention of Attorneys-at-Law adopted an amendment to the Code of Ethics, and the National Council of Attorneys-at-Law subsequently adopted amended Rules on Practising the Profession. The amendments, which entered into force on 1 January 2023, will help resolve further dilemmas arising from professional practice in the contemporary legal-services market.

The principal amendments to the Code of Ethics concern:

- information about practising the profession and client acquisition, by adapting the rules to European Union law. This allows any form of promotion, subject to limits imposed by law, good practice, and the basic professional values and principles of professional ethics: independence, professional secrecy, conflicts of interest, the dignity of the profession, honesty and professional diligence;

- rules of cooperation with third parties in connection with information about practising the profession and client acquisition, and in conducting regulated and unregulated legal activity, where such cooperation does not guarantee the provision of legal services in compliance with law or introduces cooperation models that create risks for practising the profession in accordance with the applicable rules and professional ethics. This includes restoring the prohibition on sharing fees for legal assistance with persons who did not participate in providing it, in order to strengthen protection of service recipients against unauthorized interference in the sphere of legal assistance reserved for regulated legal professions, to protect the public interest, including the administration of justice, against excessive and unjustified claims, and to prevent unfair market practices;

- rules on prohibited activities, meaning activities that infringe basic values and principles of professional ethics, by modifying the criteria for assessing their permissibility and introducing rules for their performance where permissible, as well as for activities that may be combined with legal assistance because they are directly connected with it or subordinate to it;

- clarification of the meaning of a conflict of interest, introduction of procedural rules for managing conflicts of interest, and restoration of the rule that conflicts of interest are attributed within multi-person structures for practising the profession;

- rules on professional activities within a capital group in the interest of that capital group, including for its members;

- clarification of the duty to conclude a direct agreement with the client, in order to strengthen trust in the relationship with the Attorney-at-Law and prevent third parties from entering that relationship in a manner contrary to law, the rules of practising the profession, and professional ethics;

- changes to the standard governing critical statements or professional opinions about other Attorneys-at-Law, taking into account constitutionally guaranteed freedom of expression and the conditions for exercising the right to professional criticism.

It was also important to organize the regulatory material by transferring from the Code of Ethics those provisions that concerned technical matters more closely related to the rules of practising the profession than to professional ethics. They were therefore moved to the Rules on Practising the Profession, which were amended by the National Council of Attorneys-at-Law in December 2022.

At the National Council of Attorneys-at-Law, we concluded that, since most work by Attorneys-at-Law is performed in front of a computer monitor and our library increasingly grows in folders on a hard drive rather than on shelves, this form of both instruments would simply be convenient and easier to use. We have taken care to ensure clear graphic design and a transparent file structure. I hope this will facilitate reading and encourage you to consult these documents whenever necessary.

Ethical rules lay the foundations of our profession, making it what it should be: a profession of public trust, connected with the great privilege of supporting people in need and the great duty to be honest, diligent and committed. The environment in which we operate does not always make it easier to fulfil these obligations, but it can never become an excuse. The Code and the Rules define the DNA of the profession of Attorney-at-Law while also being highly practical regulations. We must therefore not treat them as theoretical rules carved in stone. We should instead regard them as a guide for everyday life and current work. I strongly encourage this, because remembering, understanding and applying these rules gives us, as Attorneys-at-Law, a guarantee of quality and gives our clients security and confidence in excellent care.

I wish you an invariably inspiring read.

Włodzimierz Chróścik

President of the National Council of Attorneys-at-Law

RESOLUTION NO. 124/XI/2022 — OF THE NATIONAL COUNCIL OF ATTORNEYS-AT-LAW

of 3 December 2022

on the Rules on Practising the Profession of Attorney-at-Law

Pursuant to Article 60(8)(f) of the Act of 6 July 1982 on Attorneys-at-Law (Journal of Laws of 2022, item 1166), the following is adopted:

§ 1.

The Rules on Practising the Profession of Attorney-at-Law, in the wording set out in the annex to this Resolution, are adopted.

§ 2.

Resolution No. 94/IX/2015 of the National Council of Attorneys-at-Law of 13 June 2015 on the Rules on Practising the Profession of Attorney-at-Law is repealed.

§ 3.

This Resolution enters into force on 1 January 2023.

President of the National Council of Attorneys-at-Law

(-) Włodzimierz Chróścik

Vice-President of the National Council of Attorneys-at-Law

(-) Zbigniew Tur

RESOLUTION NO. 884/XI/2023 — OF THE PRESIDIUM OF THE NATIONAL COUNCIL OF ATTORNEYS-AT-LAW

of 7 February 2023

on publication of the consolidated text of the Code of Ethics of Attorneys-at-Law

Pursuant to § 59a of the Rules on the activities of the self-government of Attorneys-at-Law and its bodies, constituting an annex to Resolution No. 34/VII/2008 of the National Council of Attorneys-at-Law of 26 September 2008 on adoption of those Rules, the following is adopted:

§ 1.

The Presidium of the National Council of Attorneys-at-Law publishes, in the annex to this Resolution, the consolidated text of the Code of Ethics of Attorneys-at-Law constituting an annex to Resolution No. 3/2014 of the Extraordinary National Convention of Attorneys-at-Law of 22 November 2014 on the Code of Ethics of Attorneys-at-Law, taking account of amendments introduced by Resolution No. 1/2022 of the National Convention of Attorneys-at-Law of 8 July 2022 on amendment of the Code of Ethics of Attorneys-at-Law.

§ 2.

This Resolution enters into force on the date of its adoption.

President of the National Council of Attorneys-at-Law Secretary of the National Council of Attorneys-at-Law

(-) Włodzimierz Chróścik (-) Agnieszka Gajewska-Zabój

ANNEX TO RESOLUTION NO. 884/XI/2023 — OF THE PRESIDIUM OF THE NATIONAL COUNCIL OF ATTORNEYS-AT-LAW

of 7 February 2023

CODE OF ETHICS OF ATTORNEYS-AT-LAW — (CONSOLIDATED TEXT)

An Attorney-at-Law, in independently and autonomously practising a profession of public trust, serves the good of persons whose rights and freedoms have been entrusted to that Attorney-at-Law for protection. The Attorney-at-Law fulfils a social mission with respect for duties owed to a democratic society, the profession of Attorney-at-Law and the administration of justice. The profession of Attorney-at-Law, protected by the Constitution of the Republic of Poland and organized on the basis of self-government, is one of the safeguards of the rule of law. It is a profession that respects the ideals and ethical duties governing its practice and thereby contributes to the dignified and honest provision of legal assistance.

PART I — GENERAL PROVISIONS

Article 1.

The provisions of the Code of Ethics of Attorneys-at-Law, hereinafter the "Code", apply to Attorneys-at-Law and, as appropriate, to Trainee Attorneys-at-Law and, to the extent indicated in separate provisions, to foreign lawyers who provide legal assistance in the Republic of Poland within the scope corresponding to the professional activities of an Attorney-at-Law.

Article 2.

1. An Attorney-at-Law who provides legal assistance abroad temporarily or permanently shall observe the provisions of the Code and the rules of professional ethics applicable in the host state, unless the law in force in that state provides otherwise.

2. Repealed.

Article 3.

1. Infringement of the provisions of the Code constitutes grounds for disciplinary liability.

2. An Attorney-at-Law or Trainee Attorney-at-Law may not be held disciplinarily liable for an act committed before entry on the list of Attorneys-at-Law or the list of Trainee Attorneys-at-Law, subject to paragraph 3.

3. An Attorney-at-Law is also disciplinarily liable for an act committed after entry on the list of Trainee Attorneys-at-Law.

Article 4.

When performing professional activities, an Attorney-at-Law shall use exclusively the professional title "radca prawny" (Attorney-at-Law). This does not limit the right to use an academic degree or title held.

Article 5.

Whenever the Code refers to:

1) the Act on Attorneys-at-Law, it means the Act of 6 July 1982 on Attorneys-at-Law;

2) repealed;

3) repealed;

4) a client, it means any person for whom an Attorney-at-Law provides legal assistance;

5) a law firm, it means any organizational and legal form of practising the profession of Attorney-at-Law provided for in the Act on Attorneys-at-Law;

6) a person with whom an Attorney-at-Law may jointly practise the profession under law, it means a person who, pursuant to the Act on Attorneys-at-Law, may be a partner in a company in which an Attorney-at-Law practises the profession;

7) a close person, it means a person referred to in Article 115 § 11 of the Criminal Code;

8) repealed;

9) client consent, it means a statement by the client accepting a specified act or omission by the Attorney-at-Law in the course of providing legal assistance, made after the client has been informed of the circumstances constituting the essence of that act or omission, its effects, the risks connected with it, and alternative actions enabled or excluded by such consent.

PART II — BASIC RULES OF PRACTISING THE PROFESSION, AND ETHICAL VALUES AND DUTIES OF AN ATTORNEY-AT-LAW

Article 6.

Having regard to the wording of the professional oath specified in the Act on Attorneys-at-Law, an Attorney-at-Law shall perform professional activities diligently and honestly, in accordance with law, the rules of professional ethics and good practice.

Article 7.

1. Independence in practising the profession of Attorney-at-Law is a guarantee of the protection of civil rights and freedoms, the democratic state governed by law, and the proper functioning of the administration of justice.

2. In performing professional activities, an Attorney-at-Law should be free from all influences arising from personal interests, external pressure, and interference from any side or for any reason. Instructions, suggestions or guidance expressed by anyone that limit independence may not affect the Attorney-at-Law's position in a matter.

3. An Attorney-at-Law may not infringe the rules of professional ethics or improperly perform professional duties in order to meet the expectations of a client or third parties.

Article 8.

When providing legal assistance, an Attorney-at-Law shall act loyally and be guided by the good of the client in order to protect the client's rights.

Article 9.

Observance of professional secrecy is both a right and a duty of an Attorney-at-Law. It is the basis of client trust and a guarantee of rights and freedoms.

Article 10.

1. The duty of an Attorney-at-Law to avoid conflicts of interest serves to ensure independence, observance of professional secrecy and loyalty to the client.

2. A conflict of interest arises in the cases referred to in Articles 26 to 30.

Article 11.

1. An Attorney-at-Law shall safeguard the dignity of the profession not only when performing professional activities, but also in public activity and private life.

2. In particular, conduct that could discredit an Attorney-at-Law in public opinion or undermine confidence in the profession of Attorney-at-Law constitutes conduct prejudicial to the dignity of the profession.

Article 12.

1. An Attorney-at-Law shall perform professional activities conscientiously and with due care appropriate to their professional nature.

2. An Attorney-at-Law may not undertake a matter without sufficient knowledge or experience. The Attorney-at-Law may nevertheless accept the matter if cooperation is secured with an Attorney-at-Law, advocate, or other person with appropriate knowledge or experience with whom the Attorney-at-Law may jointly practise the profession under law.

3. When providing legal assistance, an Attorney-at-Law shall treat all clients with respect, exercise moderation and tact in statements, and restraint in showing any personal attitude to parties and participants in proceedings, to the court or to the authority before which the Attorney-at-Law appears.

Article 13.

Attorneys-at-Law are responsible for the self-government of Attorneys-at-Law and, in their mutual relations, are guided by the principles of collegiality.

Article 14.

1. An Attorney-at-Law has a duty to care for professional development.

2. An Attorney-at-Law shall fulfil the obligation of continuing professional development on the terms determined by the competent body of the professional self-government.

PART III — PRACTISING THE PROFESSION

Chapter 1

Professional secrecy

Article 15.

1. An Attorney-at-Law shall keep confidential all information concerning a client and the client's matters, disclosed to the Attorney-at-Law by the client or obtained in any other manner in connection with performing any professional activities, irrespective of the source of the information and the form or manner in which it is recorded (professional secrecy).

2. Professional secrecy also covers all documents created by an Attorney-at-Law and correspondence between the Attorney-at-Law and the client and persons participating in the conduct of the matter, created for purposes connected with the provision of legal assistance.

3. Professional secrecy also covers information disclosed to an Attorney-at-Law before the Attorney-at-Law undertakes professional activities, where the circumstances show that it was disclosed for the purposes of legal assistance and was justified by the expectation that the Attorney-at-Law would provide it.

Article 16.

Observance of professional secrecy includes not only a prohibition on disclosing the information and documents referred to in Article 15, but also a prohibition on using them for the Attorney-at-Law's own interest or the interest of another person, unless law or the Code provides otherwise.

Article 17.

The duty to maintain professional secrecy may not be limited in time and continues after cessation of practice.

Article 18.

An Attorney-at-Law shall demand the participation of a representative of the professional self-government in a search that could result in disclosure of professional secrecy.

Article 19.

1. An Attorney-at-Law shall take all measures provided by law to avoid or limit any release, under legal provisions, from the duty to observe professional secrecy.

2. Where released from the duty to observe professional secrecy, an Attorney-at-Law shall immediately inform the council of the relevant District Chamber of Attorneys-at-Law and take all measures provided by law to exclude the public from the proceedings or from individual acts concerning information covered by professional secrecy.

Article 20.

An Attorney-at-Law may not request that an Attorney-at-Law, or another person with whom the Attorney-at-Law may jointly practise the profession under law, be examined as a witness in order to establish circumstances covered by their duty of professional secrecy.

Article 21.

An Attorney-at-Law shall keep confidential, including before courts and other authorities, the course and content of negotiations conducted for amicable settlement of a matter if the Attorney-at-Law took part in them. The duty in the first sentence also covers other Attorneys-at-Law acting for the same entity, even if they did not participate in the negotiations.

Article 22.

Repealed.

Article 23.

An Attorney-at-Law shall protect all information covered by professional secrecy against unauthorized disclosure.

Article 24.

Where, at the client's request, an Attorney-at-Law submits a notice to the appropriate authorities of suspected commission of an act prohibited by law that was disclosed in connection with legal assistance, the Attorney-at-Law shall expressly indicate that the notice is made in the name of and under the authority of the client.

Chapter 2

Prohibited activities and conflicts of interest

Article 25.

1. An Attorney-at-Law may not conduct any activity or participate in any manner in activities that would limit independence, prejudice the dignity of the profession, create a risk to professional secrecy, or cause a conflict of interest.

2. Subject to paragraph 1, an Attorney-at-Law may, in practising the profession, perform activities directly connected with the profession or subordinate to the provision of legal assistance as the principal service.

3. An Attorney-at-Law's activity, particularly professional or business activity, that is not the provision of legal assistance or not directly connected with it, may be carried out only subject to paragraph 1 and should be clearly separated from the practice of the profession of Attorney-at-Law.

Article 25a.

1. An Attorney-at-Law may not, without the client's knowledge, participate in or assist third parties in providing legal assistance for profit, in particular as a person lending their name, a silent partner, or an assistant.

2. An Attorney-at-Law may not participate in or assist, in any form, capacity or manner, in the provision of legal assistance or the conduct of regulated legal activity by unauthorized entities. Unauthorized entities mean persons or entities providing legal assistance contrary to the rules on forms of practising the profession of Attorney-at-Law, in particular capital companies or other persons not authorized to provide legal assistance.

3. An Attorney-at-Law may not mislead recipients of services provided by third parties, including unauthorized entities, as to their character or actual origin.

Article 26.

1. An Attorney-at-Law may not provide legal assistance where performance of professional activities would infringe professional secrecy or create a material risk of its infringement, would limit independence or create a material risk of its infringement, or where the Attorney-at-Law's knowledge of the matters of another client or of persons for whom the Attorney-at-Law previously performed professional activities would give the client an unjustified advantage.

2. Repealed.

3. Repealed.

Article 26a.

1. An Attorney-at-Law shall refrain from professional activities in a matter because of a conflict of interest or a material risk that it will arise, where the Attorney-at-Law practises in a law firm jointly with other Attorneys-at-Law or persons with whom the profession may be jointly practised under law and any of them is in a conflict-of-interest situation.

2. In the case referred to in paragraph 1, an Attorney-at-Law may provide legal assistance only with the consent of the client or person for whom the Attorney-at-Law previously performed professional activities, and where the organizational and technical arrangements adopted in the law firm ensure protection of professional secrecy and the Attorney-at-Law's knowledge of another client's matters or of persons for whom professional activities were previously performed does not give an unjustified advantage. This possibility is excluded in the situations referred to in Article 28(2).

Article 27.

An Attorney-at-Law may not provide legal assistance if:

1) the Attorney-at-Law participated in the matter as a representative of a public authority or as a person holding public office, or as an arbitrator, mediator or expert;

2) the Attorney-at-Law previously testified as a witness in the matter regarding its circumstances;

3) a close person, or a person dependent on the Attorney-at-Law for any reason, participated or participates in resolving the matter;

4) the matter concerns an Attorney-at-Law, advocate, or other person with whom the Attorney-at-Law may jointly practise the profession under law, if they perform professional activities at the same time for the same client;

5) the Attorney-at-Law was or remains in close relations with the client's opponent or a person interested in an outcome adverse to the client;

6) a close person of the Attorney-at-Law is counsel for the opposing party or has provided other legal assistance to that party in the matter.

Article 28.

1. An Attorney-at-Law may not act as defence counsel or representative of clients where their interests conflict in the same matter or a related matter.

2. An Attorney-at-Law may not act as defence counsel or representative of a client if the client's opponent is also the Attorney-at-Law's client in any matter.

3. An Attorney-at-Law may not act as defence counsel or representative of a client whose interests conflict with the interests of persons for whom the Attorney-at-Law previously performed professional activities in the same or a related matter.

Article 29.

1. An Attorney-at-Law may not advise:

1) a client whose interests conflict with the interests of another client in the same or a related matter;

2) a client where the client's interests conflict, in the same or a related matter, with the interests of a person for whom the Attorney-at-Law previously performed professional activities.

2. The prohibitions on advice in paragraph 1 do not apply where the client or clients, and the persons for whom the Attorney-at-Law previously performed professional activities, have consented to such action. An Attorney-at-Law may not, however, obtain such consent if the Attorney-at-Law is or was defence counsel in criminal proceedings for at least one of them.

3. Repealed.

Article 30.

1. An Attorney-at-Law may not provide legal assistance to a client where, in a given matter or related matter, a conflict of interest or a material risk of it exists between the client and the Attorney-at-Law or a close person of the Attorney-at-Law.

2. An agreement between an Attorney-at-Law and a client that does not concern the provision of legal assistance or is not concluded in the ordinary course of the client's activity should be preceded by information on its material elements so that the client has the opportunity to obtain the advice of another lawyer.

Article 30a.

1. Before beginning to provide legal assistance in a given matter, an Attorney-at-Law shall examine whether a conflict of interest exists and, if it is found, refuse to provide the assistance.

2. If a conflict of interest becomes apparent while legal assistance is being provided in a given matter, the Attorney-at-Law shall withdraw from the assistance, in particular by terminating the power of attorney for all clients affected by the conflict.

3. The duty to avoid conflicts of interest also applies to an Attorney-at-Law accepting a substitute power of attorney.

Chapter 3

Information about practising the profession and client acquisition

Article 31.

1. Providing information about practising the profession is a right of an Attorney-at-Law.

2. Information about practising the profession is communication intended to directly or indirectly promote an Attorney-at-Law, the Attorney-at-Law's image, practice, or law firm, irrespective of its content, form or means of communication. It does not include simple and verifiable information not serving promotional purposes that:

1) enables direct contact with an Attorney-at-Law or law firm, in particular an internet domain name or e-mail address;

2) concerns the services or image of an Attorney-at-Law and has been prepared independently, in particular without remuneration.

3. Information about practising the profession also includes an Attorney-at-Law's use in professional practice of communication originating from an external entity but conducted in the name of, for the benefit of, or in the interest of the Attorney-at-Law.

4. Information about practising the profession should be clearly marked. In case of doubt, communication is presumed to constitute information about practising the profession by the Attorney-at-Law whom, from the recipient's point of view, it concerns or may concern.

Article 32.

1. Information about practising the profession is prohibited where it is contrary to law, good practice, or the provisions of the Code, including where it:

1) prejudices the dignity of the profession;

2) infringes professional secrecy;

3) is inconsistent with reality or misleading;

4) is irrelevant, including where it contains content or links unrelated to practising the profession;

5) limits a client's freedom of decision-making, in particular by:

a) invoking influence or connections,

b) exploiting credulity or a situation of compulsion,

c) abusing trust,

d) exerting pressure,

e) creating unjustified expectations or making impossible, unreliable promises or guarantees;

6) is intrusive, in particular where it infringes privacy, is persistent, occurs in an inappropriate place, or may influence the decision to use legal assistance;

7) consists of comparing professional activities with the activities of other identifiable persons or entities.

2. Information about practising the profession that includes lists or identifiers of clients, their opinions, comments, references or recommendations is permitted only with their consent and provided it does not infringe the Code. It is, however, prohibited to present such information about criminal, fiscal-criminal, petty-offence, family and guardianship matters.

3. Where information about practising the profession is provided:

1) in cooperation between an Attorney-at-Law and persons practising a regulated profession or other persons, including at the Attorney-at-Law's instruction and the persons referred to in Article 31(3), or

2) by another person in the name of, for the benefit of, or in the interest of the Attorney-at-Law, with the Attorney-at-Law's consent or knowledge, on the Attorney-at-Law's initiative or with the Attorney-at-Law's participation,

the Attorney-at-Law shall ensure that such information complies with law, good practice and the Code.

Article 33.

1. An Attorney-at-Law may acquire clients in accordance with law, good practice and the Code. Client acquisition may not infringe the rules laid down in Article 31(3) and (4) and Article 32.

2. Client acquisition is direct or indirect activity intended to lead to conclusion or amendment of an agreement with an identifiable or identified person or client.

3. An Attorney-at-Law may not acquire clients through or with the assistance of external persons or entities by sharing with them fees derived from a client acquired in this way if they do not participate in providing legal assistance to that client.

4. In tenders or competitions, an Attorney-at-Law may provide information about matters conducted for a client if required by law and if the clients have consented.

Article 34.

1. An Attorney-at-Law may not accept remuneration or another benefit for referring a client to another entity that provides legal assistance or related services.

2. The prohibition in paragraph 1 does not apply to remuneration or another benefit agreed in a contract for taking over a practice or part of a practice, including sale of an undertaking or part of an undertaking, from an Attorney-at-Law, advocate or another person with whom an Attorney-at-Law may jointly practise the profession under law, or from their heirs.

Article 35.

1. An Attorney-at-Law may perform professional activities electronically.

2. When performing professional activities electronically, an Attorney-at-Law:

1) should always be unambiguously identifiable as a sender or recipient practising the profession, including through e-mail addresses or other identifiers;

2) may not use electronic means anonymously or with anonymous clients or other recipients.

Chapter 4

Remuneration of an Attorney-at-Law and client assets

Article 36.

1. The amount of remuneration of an Attorney-at-Law or the method of determining it should be agreed with the client before the Attorney-at-Law begins to provide legal assistance.

2. The remuneration should be determined with particular regard to the necessary workload, required specialist knowledge, skills and appropriate experience, the difficulty and complexity of the matter, its precedent-setting or unusual nature, the place and time of service, other special conditions required by the client, the importance of the matter to the client, the responsibility connected with conducting it, the loss or limitation of opportunities to acquire or perform professional activities for other clients, and the nature of the relationship with the client.

3. An Attorney-at-Law may not conclude an agreement under which the client undertakes to pay remuneration for conducting a matter only if a favourable outcome is achieved, unless law provides otherwise. An agreement providing for additional remuneration for a favourable outcome, concluded before the final resolution of the matter, is permitted.

4. An Attorney-at-Law's remuneration does not include fees and expenses. An Attorney-at-Law is not obliged to bear fees and expenses for the client and is not liable for legal consequences arising from their non-payment.

5. An Attorney-at-Law may not suspend performance of an act in a matter being conducted because the agreed remuneration or part of it has not been received. If the client fails to pay, however, the Attorney-at-Law may terminate the agreement and power of attorney on that basis.

6. An Attorney-at-Law may not share remuneration for providing legal assistance with a person or entity that did not participate in providing it. This prohibition does not apply to remuneration shared in the context of joint practice, including profit-sharing in a law firm, or joint provision of legal assistance with another Attorney-at-Law or a person with whom the Attorney-at-Law may jointly practise the profession under law.

Article 37.

1. Client money, securities and other client assets in the possession of an Attorney-at-Law should, where deposit in an account is possible, be appropriately segregated and deposited in an account separate from the Attorney-at-Law's other accounts. This does not apply to funds entrusted to the Attorney-at-Law to cover fees and expenses connected with the matter.

2. Repealed.

3. Repealed.

4. An Attorney-at-Law may not transfer funds constituting remuneration from a segregated account to the Attorney-at-Law's own account without the client's consent. Where the legal-assistance agreement has been concluded at least in documentary form and the client is late in paying the due remuneration of the Attorney-at-Law, or part of it, the Attorney-at-Law may set off the Attorney-at-Law's claim against the client's claim for payment of funds at the Attorney-at-Law's disposal.

5. Repealed.

Chapter 5

Freedom of speech and writing

Article 38.

1. When exercising the statutory freedom of speech and writing in professional practice, an Attorney-at-Law shall maintain moderation and tact.

2. In professional statements, an Attorney-at-Law may not threaten criminal or disciplinary proceedings.

3. An Attorney-at-Law may not knowingly state untrue information, but is not responsible for the truthfulness of information obtained from the client.

4. An Attorney-at-Law is responsible for the form and content of pleadings and other documents prepared by the Attorney-at-Law in connection with the legal assistance provided.

5. Repealed.

6. An Attorney-at-Law should avoid publicly showing a personal attitude to the client, the client's close persons and other participants in proceedings.

7. A client's negative attitude to the opposing party should not affect the Attorney-at-Law's conduct. The Attorney-at-Law should act tactfully and without prejudice towards the opposing party, without taking action intended to escalate the conflict.

Article 39.

When publicly speaking in professional statements about a matter conducted by the Attorney-at-Law or another Attorney-at-Law, an Attorney-at-Law may not prejudice the dignity of the profession. The Attorney-at-Law shall take account of the client's good and interests, maintain moderation, tact and professional distance from the matter, and limit information about professional activity to what is necessary and relevant.

Chapter 6

Joint practice of the profession

Article 40.

An Attorney-at-Law who practises in an organizational unit whose internal regulations, procedures or rules are contrary to the Code shall act in accordance with the Code.

Article 41.

An Attorney-at-Law who supervises another Attorney-at-Law, in particular by employing another Attorney-at-Law, coordinating a team of Attorneys-at-Law or cooperating with another Attorney-at-Law in professional practice, may not infringe their independence in practising the profession through substantive interference in the content of their legal position or their autonomy in conducting a matter before a court or other deciding authority.

Chapter 7

Provision of legal assistance to a legal person or other organizational unit

Article 42.

1. An Attorney-at-Law who practises under an employment contract or a contract for the permanent provision of legal assistance to a client that is a legal person may not:

1) identify the client's interests with the interests of its bodies, any one of them, or members of those bodies;

2) identify the client's interests with the interests of other entities in the client's capital group or with the interests of their bodies or members of those bodies;

3) refuse to provide legal advice, legal opinions or explanations of law to any of the bodies of that legal person, unless the agreement with the client provides otherwise.

2. The agreement with the client, or a separate statement by the client, should identify the bodies and persons authorized to seek the Attorney-at-Law's legal position and to give consent to professional activities undertaken.

3. An agreement with a client belonging to a capital group may provide for:

1) an obligation of the Attorney-at-Law to perform professional activities for other clients belonging to that group, provided this does not infringe forms of practice, limit independence, create a risk of infringement of professional secrecy or a risk of conflict of interest, or prejudice the dignity of the profession;

2) a duty of the Attorney-at-Law to take account, alongside the client's interest, also of the interest of the capital group to which the client belongs.

4. A legal position presented by an Attorney-at-Law at the request of one of the client's bodies should be made available by the Attorney-at-Law to the other bodies at their request, unless the agreement with the client provides otherwise. The agreement may regulate making such a position available to bodies or persons in the client's capital group.

5. In the event of a difference of opinion between the client's bodies or members of those bodies, an Attorney-at-Law may not act as an arbitrator or a member of a body resolving the dispute. This also applies to bodies of the client's capital group and their members. The Attorney-at-Law should nevertheless make efforts to remove the difference.

6. Paragraphs 1 to 5 apply accordingly to the provision of legal assistance to an organizational unit that is not a legal person.

PART IV — RELATIONSHIP WITH THE CLIENT

Article 43.

1. An Attorney-at-Law shall perform professional activities only on the basis of an agreement concluded with the client, unless the matter is entrusted to the Attorney-at-Law by a court or other authority under law, or under an agreement with an entity performing public tasks in the area of free legal aid, as well as in other cases specified by law. Where urgent acts must be performed in cases specified by law, the Attorney-at-Law shall conclude an agreement with the client without delay.

2. When undertaking to provide legal assistance, an Attorney-at-Law shall, before beginning professional activities, agree with the client on the scope of the service, the amount of remuneration or the method of calculating it, and the rules for bearing fees and expenses.

3. At the client's request, an Attorney-at-Law shall inform the client of the Attorney-at-Law's professional civil liability insurance for damage caused in practising the profession and of the body that receives complaints about professional activity.

4. Repealed.

Article 44.

1. An Attorney-at-Law shall inform the client about the progress and outcome of the matter in the manner agreed with the client, in particular about the effects of procedural acts undertaken, unless the client consents to a waiver of that duty.

2. An Attorney-at-Law shall obtain the client's consent to refer a matter for amicable settlement or to carry out procedural acts involving the filing of a claim, acknowledgement of a claim, conclusion of a settlement, or withdrawal of a claim.

3. An Attorney-at-Law shall present the client with information about the lack of grounds or expediency for lodging an appeal against a decision ending the matter at a given instance, unless law provides otherwise.

Article 44a.

Where the nature of the matter permits, an Attorney-at-Law shall provide the client with information about out-of-court possibilities for resolving or settling the dispute, in particular through mediation and arbitration.

Article 45.

Relations between an Attorney-at-Law and a client should be based on trust. Loss of trust may be grounds for termination by the Attorney-at-Law of the power of attorney and the agreement.

Article 46.

After termination of the legal relationship under which an Attorney-at-Law conducted a matter, the Attorney-at-Law may not refuse, at the client's request, to return documents received from the client and pleadings in matters conducted. The Attorney-at-Law may not make delivery of those documents conditional upon settlement by the client of amounts due.

Article 47.

When withdrawing from providing legal assistance, an Attorney-at-Law shall do so at a time that permits the client to obtain legal assistance from another person in order to protect the client's interests. In that case, the Attorney-at-Law shall perform urgent acts whose omission would result in irreparable prejudice to the client's interests.

PART V — RELATIONSHIP WITH COURTS AND OFFICES

Article 48.

An Attorney-at-Law should ensure that the Attorney-at-Law's conduct does not impair the authority of the court, office or other institution before which the Attorney-at-Law appears, and that the Attorney-at-Law's statements do not prejudice the dignity of persons participating in the proceedings.

Article 49.

An Attorney-at-Law may not publicly show a personal attitude to employees of the administration of justice, bodies and other institutions before which the Attorney-at-Law appears.

PART VI — RELATIONS BETWEEN ATTORNEYS-AT-LAW

Article 50.

1. An Attorney-at-Law shall show loyalty and collegiality towards members of the professional self-government.

2. An Attorney-at-Law shall refrain from action that infringes the duty of loyalty towards an Attorney-at-Law who cooperates in the same law firm, including after that cooperation ends.

3. An Attorney-at-Law may not take action intended to deprive another Attorney-at-Law of employment or cause loss of a client, unless this follows from statutory duties or constitutes a Code-compliant form of client acquisition.

Article 51.

An Attorney-at-Law may not communicate with the client's opponent while bypassing that opponent's counsel or defence counsel who is an Attorney-at-Law or a person with whom an Attorney-at-Law may jointly practise the profession under law, unless that counsel or defence counsel has consented.

Article 52.

1. An Attorney-at-Law may draw the attention of a member of the professional self-government to conduct inconsistent with the rules of professional ethics.

2. An Attorney-at-Law may submit a notice relating to professional practice concerning another Attorney-at-Law only to the competent body of the professional self-government.

3. An Attorney-at-Law shall have regard to the public interest and the dignity of the profession when making negative statements or giving negative opinions to third persons about another Attorney-at-Law's practice of the profession.

4. An Attorney-at-Law who speaks about another Attorney-at-Law or gives an opinion on another Attorney-at-Law's practice of the profession shall, insofar as possible, hear the person concerned and maintain objectivity and factuality.

Article 53.

1. Before beginning professional activities, an Attorney-at-Law shall ascertain from the client whether another Attorney-at-Law is or has already acted for the client in the same matter. If another Attorney-at-Law is acting, the Attorney-at-Law:

1) shall inform that Attorney-at-Law of undertaking to provide legal assistance in the matter;

2) shall determine with that Attorney-at-Law and the client the rules of cooperation where justified by the client's interest or expected by the client;

3) shall not take action intended to undermine the client's confidence in that Attorney-at-Law.

2. Repealed.

3. In the cases referred to in paragraph 1, the current or former Attorney-at-Law providing legal assistance to the client shall inform the Attorney-at-Law joining or taking over the matter about material circumstances of the matter and, at the client's request, promptly deliver to the client documents related to it.

4. An Attorney-at-Law joining or taking over a matter shall inform the client of the need to settle accounts with the current or former Attorney-at-Law.

Article 54.

Where urgent legal assistance is necessary, an Attorney-at-Law shall, after providing it, immediately notify the client's existing counsel or defence counsel.

Article 55.

An Attorney-at-Law who represents a person initiating proceedings against another Attorney-at-Law in a matter connected with professional practice shall immediately notify the Dean of the council of the District Chamber of Attorneys-at-Law to which that Attorney-at-Law belongs of accepting the power of attorney and, through the Dean, attempt an amicable settlement of the matter.

Article 56.

In the event of a dispute connected with practising the profession between Attorneys-at-Law, they shall, before referring the matter to court, attempt an amicable resolution after notifying and with the participation of the Dean of the council of the District Chamber of Attorneys-at-Law to which one of them belongs. The duty to notify the Dean rests on the Attorney-at-Law initiating the dispute.

Article 57.

Attorneys-at-Law should provide one another with assistance and advice in matters connected with practising the profession, provided this does not harm the interests of the client or exceed the limits of courtesy assistance.

Article 58.

An Attorney-at-Law shall notify counsel or defence counsel of the opposing party of procedural steps taken or intended that seek to adjourn a hearing, stay proceedings, or change the order of cases on the docket.

Article 59.

Repealed.

PART VII — RELATIONS OF AN ATTORNEY-AT-LAW WITH THE PROFESSIONAL SELF-GOVERNMENT

Article 60.

The exercise of the right to vote and performance of duties in bodies of the professional self-government is a right of a member of that self-government.

Article 61.

1. An Attorney-at-Law shall show respect and loyalty towards the bodies of the professional self-government.

2. An Attorney-at-Law shall comply with resolutions of the bodies of the professional self-government.

Article 62.

1. An Attorney-at-Law shall cooperate with the bodies of the professional self-government in matters connected with its functioning and tasks, and in matters of practising the profession and observing the Code.

2. An Attorney-at-Law summoned by the Dean, Deputy Dean, Disciplinary Officer or deputy, disciplinary court, or inspectors shall appear on the indicated date and, if an obstacle arises, justify the failure to appear.

3. An Attorney-at-Law summoned to provide explanations by the entities referred to in paragraph 2 in matters arising from the statutory tasks of the professional self-government or the provisions of the Code shall provide those explanations within the indicated time limit.

Article 63.

1. When performing duties as a training supervisor, an Attorney-at-Law should exercise due care to prepare a Trainee Attorney-at-Law properly for the profession, by transmitting knowledge and experience and shaping the trainee's ethical attitude.

2. An Attorney-at-Law shall act towards a Trainee Attorney-at-Law diligently and honestly, in accordance with law, the rules of professional ethics and good practice.

Article 64.

1. Performing duties in the professional self-government consists of membership in collegial bodies, holding functions in those bodies, holding one-person offices, and performing other duties entrusted by the bodies of the professional self-government.

2. When performing duties in the professional self-government, an Attorney-at-Law shall be guided by its tasks and the public interest.

3. An Attorney-at-Law performing duties in the professional self-government shall carry them out diligently and with the utmost care, in particular:

1) may not use the performance of those duties for the benefit of the Attorney-at-Law or close persons;

2) should treat all members of the professional self-government equally;

3) should, within the limits of tasks and abilities, serve members of the professional self-government with information, assistance and advice.

4. An Attorney-at-Law resigning from duties in the professional self-government shall state reasons for the resignation.

5. An Attorney-at-Law on whom a final penalty of suspension of the right to practise the profession has been imposed should refrain from performing duties in the professional self-government.

Article 65.

An Attorney-at-Law who, while performing duties in the professional self-government, has obtained information covered by professional secrecy or concerning the personal affairs of another Attorney-at-Law may use it only to the extent permitted by law or for the proper performance of entrusted duties.

Article 66.

An Attorney-at-Law shall pay contributions and fees, monetary penalties, costs of disciplinary proceedings and other amounts due to the professional self-government on time.

RESOLUTION NO. 124/XI/2022 — OF THE NATIONAL COUNCIL OF ATTORNEYS-AT-LAW

of 3 December 2022

on the Rules on Practising the Profession of Attorney-at-Law

Pursuant to Article 60(8)(f) of the Act of 6 July 1982 on Attorneys-at-Law (Journal of Laws of 2022, item 1166), the following is adopted:

§ 1.

The Rules on Practising the Profession of Attorney-at-Law, in the wording set out in the annex to this Resolution, are adopted.

§ 2.

Resolution No. 94/IX/2015 of the National Council of Attorneys-at-Law of 13 June 2015 on the Rules on Practising the Profession of Attorney-at-Law is repealed.

§ 3.

This Resolution enters into force on 1 January 2023.

President of the National Council of Attorneys-at-Law

(-) Włodzimierz Chróścik

Vice-President of the National Council of Attorneys-at-Law

(-) Zbigniew Tur

ANNEX TO RESOLUTION NO. 124/XI/2022 — OF THE NATIONAL COUNCIL OF ATTORNEYS-AT-LAW

of 3 December 2022

RULES ON PRACTISING THE PROFESSION OF ATTORNEY-AT-LAW

PART I — PRELIMINARY PROVISIONS

§ 1.

1. The Rules on Practising the Profession of Attorney-at-Law, hereinafter the "Rules", set out detailed rules for practising the profession of Attorney-at-Law.

2. The provisions of the Rules apply accordingly to an Attorney-at-Law who practises the profession abroad temporarily or permanently, without prejudice to the rules of practice applicable at the place where the profession is practised.

3. The provisions of the Rules apply accordingly to Trainee Attorneys-at-Law and foreign lawyers.

§ 2.

Whenever the Rules refer to:

1) the Act on Attorneys-at-Law, it means the Act of 6 July 1982 on Attorneys-at-Law (Journal of Laws of 2022, item 1166);

2) the Code, it means the Code of Ethics of Attorneys-at-Law constituting an annex to Resolution No. 3/2014 of the Extraordinary National Convention of Attorneys-at-Law of 22 November 2014 on the Code of Ethics of Attorneys-at-Law;

3) a foreign lawyer, it means a foreign lawyer within the meaning of the Act of 5 July 2002 on the provision of legal assistance in the Republic of Poland by foreign lawyers (Journal of Laws of 2020, item 823);

4) a client, it means any person for whom an Attorney-at-Law provides legal assistance;

5) a law firm, it means every organizational and legal form of practising the profession of Attorney-at-Law provided for in the Act on Attorneys-at-Law;

6) an Attorney-at-Law's practice, it means a form of practising the profession in one's own name and on one's own account by an Attorney-at-Law conducting a sole proprietorship;

7) a company, it means a company constituting a permitted form of practising the profession of Attorney-at-Law provided for in the Act on Attorneys-at-Law;

8) an office-sharing arrangement, it means the use, for the purpose of professional practice, by an Attorney-at-Law practising under a civil-law contract or in an Attorney-at-Law's practice, of shared premises and equipment with another Attorney-at-Law or a person with whom the Attorney-at-Law may jointly practise the profession, without forming a company;

9) premises, it means premises intended for the regular service of clients by an Attorney-at-Law's practice, a company, or within an office-sharing arrangement;

10) an Attorney-at-Law providing legal assistance within a company, it means an Attorney-at-Law who is a partner in the company or is employed by it under an employment contract or civil-law contract;

11) a person with whom an Attorney-at-Law may jointly practise the profession, it means a person who, under the Act on Attorneys-at-Law, may be a partner in a company in which the Attorney-at-Law practises the profession;

12) a substitute Attorney-at-Law, it means a substitute Attorney-at-Law referred to in Article 21(2) of the Act on Attorneys-at-Law;

13) provision of free legal assistance, it means an Attorney-at-Law's provision of free legal assistance within the meaning of the Act of 5 August 2016 on free legal assistance, free civic counselling and legal education (Journal of Laws of 2021, item 945).

PART II — DETAILED RULES ON PROFESSIONAL SECRECY AND CONFLICTS OF INTEREST

Chapter 1

Professional secrecy

§ 3.

An Attorney-at-Law shall protect information covered by professional secrecy in a manner appropriate to the nature, type and scale of the Attorney-at-Law's activity, environment, and the type of information constituting professional secrecy and the risk of its disclosure (risk factors).

§ 4.

1. An Attorney-at-Law should ensure appropriate conditions for storing documents containing information covered by professional secrecy.

2. Documents containing information covered by professional secrecy shall be stored in a manner protecting them against loss, destruction, distortion, alteration or disappearance. Documents stored electronically should be subject to appropriate access control and security of the system against disruption, unauthorized access or loss of data. An Attorney-at-Law should control access of cooperating persons to such documents.

3. The handling of documents related to the provision of legal assistance after it has ended should be agreed with the client, although the Attorney-at-Law may retain copies. The retention period may not be shorter than the limitation periods for potential civil claims arising from the Attorney-at-Law's liability for providing legal assistance, the limitation period for criminal liability, and the limitation period for disciplinary liability referred to in Article 70 of the Act on Attorneys-at-Law, unless the Act provides otherwise. Separate provisions apply to documents that are archival materials forming part of the national archival resource.

§ 5.

Access to information constituting professional secrecy should be limited to persons providing legal assistance or persons cooperating with the Attorney-at-Law in providing it. Before permitting persons cooperating with an Attorney-at-Law to perform activities connected with providing legal assistance, the Attorney-at-Law should obtain their undertaking in writing, or in a special case in documentary form, to observe confidentiality of all information learned in connection with performing those activities, unless a duty of secrecy corresponding to the Attorney-at-Law's professional secrecy is imposed on them by law. The undertaking may be made using the template annexed to the Rules.

Chapter 2

Conflict of interest

§ 6.

1. An Attorney-at-Law practising outside an employment relationship shall maintain a client register for the purpose of conflict-of-interest checks.

2. Where an Attorney-at-Law practises jointly with other persons, one client register may be maintained. The register is available to all persons jointly practising the profession.

§ 7.

1. If an Attorney-at-Law intends to manage a conflict of interest through the technical and organizational arrangements referred to in Article 26a(2) of the Code, the Attorney-at-Law shall prepare in writing and adopt an information-barrier policy that includes at least the following rules and adapts them to the nature and conditions of the legal assistance provided:

1) verification whether, before beginning to provide legal assistance to a client affected by a conflict of interest, the Attorney-at-Law had access to information covered by professional secrecy or giving that client an unjustified advantage over another entity in a conflict-of-interest situation;

2) ensuring that, while providing legal assistance to a client affected by a conflict of interest, the Attorney-at-Law does not have access to the information referred to in item 1;

3) ensuring that, while providing legal assistance to a client affected by a conflict of interest, the Attorney-at-Law does not contact, in those matters, persons employed by or cooperating with the law firm who have become acquainted with or have access to the information referred to in item 1;

4) ensuring that, while providing legal assistance to a client affected by a conflict of interest, the Attorney-at-Law does not use the assistance of or cooperate with persons who have become acquainted with or have access to the information referred to in item 1.

2. The rules referred to in paragraph 1 may be implemented in particular by:

1) preventing the Attorney-at-Law from accessing documents containing the information referred to in paragraph 1(1);

2) restricting the Attorney-at-Law's access to the law firm's information systems to the extent that would enable the Attorney-at-Law to become acquainted with the information referred to in paragraph 1(1);

3) the Attorney-at-Law providing legal assistance exclusively at premises other than the main premises of the law firm;

4) extending the measures referred to in items 1 to 3 to persons whose assistance the Attorney-at-Law uses or with whom the Attorney-at-Law cooperates, in particular office staff.

§ 8.

In the case referred to in Article 25(1) of the Code, clear separation of permissible activity of an Attorney-at-Law that is not the provision of legal assistance or not directly connected with it, in particular professional or business activity, referred to in Article 25(3) of the Code, consists of:

1) separating the organizational structure of that activity from the organizational structure intended for the provision of legal assistance; and

2) functional separation consisting in separating all resources, including financial resources, used to conduct other activity from the resources used to provide legal assistance; and

3) accounting separation ensuring records of events that make it possible to separate financial resources intended for other activity from financial resources connected with the provision of legal assistance; and

4) information separation ensuring clear identification of the activity in the context of which the Attorney-at-Law is acting in the circumstances concerned.

PART III — DETAILED RULES ON FORMS OF PRACTISING THE PROFESSION AND PROFESSIONAL COOPERATION

Chapter 1

Employment relationship and civil-law contract

§ 9.

1. An Attorney-at-Law may not conclude an employment contract or civil-law contract that limits independence, infringes or threatens to infringe professional secrecy, causes a conflict of interest, or prejudices the dignity of the profession.

2. Where the conditions for practising the profession under an employment relationship or on the basis of a civil-law contract do not comply with law, the Code or the Rules, or make it difficult to perform professional activities and duties, the Attorney-at-Law shall inform the employing entity.

§ 10.

1. An Attorney-at-Law coordinating legal assistance may not infringe the autonomy of Attorneys-at-Law in providing legal assistance.

2. An Attorney-at-Law coordinating legal assistance should in particular:

1) agree with cooperating Attorneys-at-Law on a system for allocating matters and ensure allocation of professional tasks in accordance with those arrangements;

2) ensure the proper distribution of the working time of Attorneys-at-Law, taking account of the needs of the organizational unit and the provisions of the Act on Attorneys-at-Law;

3) ensure that a leave plan is established, taking account of the needs of Attorneys-at-Law and the organizational unit.

Chapter 2

Attorney-at-Law's practice and company

§ 11.

A company and an Attorney-at-Law who provides legal assistance within that company should agree on the rules for the provision of legal assistance.

§ 12.

In companies in which there are practices specializing in particular fields of law, an Attorney-at-Law entrusted with managing a particular practice may:

1) establish internal rules for providing legal assistance within that practice;

2) require persons belonging to that practice to consult professional activities with the Attorney-at-Law beforehand, subject to Article 41 of the Code.

PART IV — DETAILED RULES ON PREMISES

§ 13.

Premises should ensure conditions for the proper practice of the profession, in particular observance and protection of professional secrecy, and should meet the requirements of the dignity of the profession and the Rules.

§ 14.

1. The designation of premises should contain the business name or name of the Attorney-at-Law's practice or company together with the designation of the form of practice and an indication of the profession or professions practised in the practice or company. The designation may also include the names and surnames of Attorneys-at-Law, academic degrees held by them, an academic or professional title, a logo or other identifiers distinguishing or individualizing the practice or company, as well as designations in a foreign language.

2. Attorneys-at-Law who cooperate in providing legal assistance in specific matters without forming a company, or who participate in an office-sharing arrangement, may not mislead as to their practice of the profession, in particular when designating the form in which it is practised, designating the premises of the office-sharing arrangement, providing information about practice, acquiring clients, or performing professional activities.

PART V

DETAILED RULES ON INFORMATION ABOUT PRACTISING THE PROFESSION AND PARTICIPATION IN RANKINGS OF PROFESSIONAL ACTIVITY

Chapter 1

Information about practising the profession

§ 15.

Information about practising the profession may include in particular:

1) name and surname, including a photograph; professional biography; professional titles held, including titles authorizing the practice of another profession of public trust; academic degrees and academic title; qualifications; professional experience and skills resulting from previous practice, functions performed and positions held; ability to provide legal assistance in foreign languages; preferred fields of practice; the date on which the practice or company commenced activity; a list of publications related to the profession; and titles or awards connected with practising the profession;

2) the logo of the National Chamber of Attorneys-at-Law; the legal form of practice together with a designation individualizing the seat and address of the practice; forms of contact with the client, including electronic communication; rules for providing legal assistance; rules for setting remuneration, including its form or amount; names of partners and professions practised by them in the practice; identification of persons or companies with whom the Attorney-at-Law cooperates permanently, including those providing services connected with legal assistance; and the amount of professional civil liability insurance for damage caused in performing professional activities;

3) information about other activities performed by the Attorney-at-Law that are directly connected with legal assistance or subordinate to it as the principal service;

4) information useful for creating, maintaining and broadening trust and a good relationship with the client, as well as a positive image of the Attorney-at-Law, including in particular information about the mission, strategy and profile of the practice, rules of cooperation with the client, rules and procedure for submitting complaints or claims, and facilities for the client;

5) information about participation in rankings of professional activity and positions obtained, if the rankings are conducted in accordance with the Rules;

6) information referring to the financial results of the practice, if it fairly and clearly presents the practice's financial situation and has been calculated on the basis of properly maintained financial records.

§ 16.

When providing information about practising the profession, an Attorney-at-Law shall:

1) clearly, unambiguously and comprehensibly indicate that it is communication referred to in Article 31(2) of the Code, including a clear and comprehensible indication of the form of promotion it constitutes;

2) ensure that the information is easily recognizable and distinguishable from content of a different nature.

Chapter 2

Rankings of professional activity

§ 17.

An Attorney-at-Law or law firm may participate in a ranking of professional activity that cumulatively meets the following conditions:

1) the conditions for participation in the ranking may not be contrary to the rules of practising the profession or the Code;

2) the organizer of the ranking has publicly announced:

a) the creation of the ranking,

b) the conditions for participation,

c) the criteria for classification of participants;

3) every entity meeting the announced conditions has the right to participate in the ranking;

4) the definitions contained in the conditions for participation and the criteria for classification are drafted unambiguously and do not mislead either participants or persons becoming acquainted with the results;

5) the organizer has the right independently to verify data submitted by participants while observing confidentiality requirements.

§ 18.

1. In addition to the conditions referred to in § 17, a ranking of professional activity should meet the following criteria:

1) a ranking based on the number of lawyers may take into account only lawyers providing legal assistance in the law firm, including Attorneys-at-Law and advocates, foreign lawyers, lawyers practising professions that may be jointly practised with lawyers of the law firm, lawyers permanently cooperating with the law firm in the Republic of Poland, and holders of law degrees, excluding lawyers who cooperate occasionally or derive most of their income from providing legal assistance outside the law firm;

2) a ranking based on held entitlements to provide legal assistance should distinguish all groups of lawyers authorized to provide legal services, namely advocates, Attorneys-at-Law, trainees, holders of law degrees who are not members of professional self-government, foreign lawyers, and lawyers practising other professions that may be jointly practised with lawyers, together with an indication of their professional title;

3) a ranking based on revenues, profits or financial results should contain detailed, uniform criteria established and announced by the organizer to ensure comparability of such information;

4) a ranking based on permissible information about clients should contain criteria established and announced by the organizer that make it possible to eliminate so-called one-off and occasional clients, and participation in the ranking takes place with the prior consent of the client referred to in Article 5(9) of the Code.

2. The criteria indicated in paragraph 1 apply accordingly to rankings not listed there.

PART VI — DETAILED RULES ON CONDUCT TOWARDS THE CLIENT

Chapter 1

Agreement with the client

§ 19.

1. An agreement for the provision of legal assistance concluded with a client should in particular specify the scope of legal assistance, the amount of remuneration or the method of determining it, the rules for bearing fees and expenses, and the rules of communication with the client.

2. The purpose or effect of an agreement for the provision of legal assistance may not be:

1) exclusion of the client's freedom to choose an Attorney-at-Law or a person providing other services to the client;

2) restriction by third parties of the client's freedom of decision-making, in particular in relations between the Attorney-at-Law and client;

3) limitation of the Attorney-at-Law's independence, infringement of professional secrecy, occurrence of a conflict of interest, or prejudice to the dignity of the profession;

4) infringement of honesty or professional diligence.

3. An Attorney-at-Law may conclude an agreement with a client for the provision of legal assistance without remuneration or for non-monetary remuneration, provided this does not infringe law, the Code or the Rules. The Attorney-at-Law may not, however, demand from the client, as remuneration, the consent referred to in Article 32(2) of the Code.

4. Paragraph 1 does not prejudice provisions governing the entrustment of legal assistance under law, the provision of free legal assistance, or provision within an employment or service relationship, appointment of a substitute Attorney-at-Law, or the Rules on an employment relationship or civil-law contract.

Chapter 2

Client assets

§ 20.

An Attorney-at-Law who, in connection with providing legal assistance, obtains possession of client assets shall dispose of them in accordance with arrangements made with the client.

§ 21.

1. At the client's request, an Attorney-at-Law should inform the client of the place of deposit and the method of safeguarding client assets.

2. An Attorney-at-Law may hold one segregated account for the financial resources of all clients, unless the agreement with a client provides otherwise.

3. Every transaction involving client assets, including one carried out between the Attorney-at-Law and the client, must be recorded and documented.

§ 22.

1. In connection with providing legal assistance, an Attorney-at-Law may store client assets if the Attorney-at-Law has appropriate conditions and safeguards for their storage.

2. At the client's request, an Attorney-at-Law shall deliver stored client assets immediately or by a date accepted by the client.

PART VII — DETAILED RULES ON COURT-APPOINTED MATTERS AND THE PROVISION OF FREE LEGAL ASSISTANCE

§ 23.

After appointment to conduct a court-appointed matter, an Attorney-at-Law should without delay:

1) review the case file, in particular to determine whether procedural deadlines are running and whether circumstances exist that justify an application for release from the duty to conduct the matter;

2) notify the person for whom the Attorney-at-Law was appointed as court-appointed representative or defence counsel, stating contact details.

§ 24.

1. If circumstances arise that justify release from the duty to provide court-appointed legal assistance, an Attorney-at-Law should immediately apply to the competent authority for release and at the same time notify the person for whom the Attorney-at-Law was appointed, stating in that notice that, until released, the Attorney-at-Law will perform urgent acts in the matter.

2. An Attorney-at-Law applying for release from the duty to provide court-appointed legal assistance shall perform urgent procedural acts and, if released, transfer to another appointed Attorney-at-Law the documents and information connected with the matter.

§ 25.

Where the person for whom an Attorney-at-Law was appointed as court-appointed representative or defence counsel revokes the Attorney-at-Law's power of attorney to conduct the matter or authority to conduct the defence, the Attorney-at-Law shall immediately notify the court and the appointing body.

§ 26.

If provisions of an agreement on the provision of free legal assistance conflict with the Act on Attorneys-at-Law, the Code, the Rules or other provisions of the self-government of Attorneys-at-Law, the Attorney-at-Law shall act in accordance with those provisions.

PART VIII — DETAILED RULES ON PERFORMING THE DUTIES OF A SUBSTITUTE ATTORNEY-AT-LAW

§ 27.

1. After appointment, a substitute Attorney-at-Law shall take steps to temporarily safeguard the matters of clients of the Attorney-at-Law being replaced, in particular:

1) determine the status of the matters, including collecting, reviewing, safeguarding and issuing to clients the documents of conducted matters;

2) make necessary notifications of the appointment of the substitute Attorney-at-Law and the reason for the appointment, as well as of the replaced Attorney-at-Law's loss of ability to perform professional activities;

3) submit necessary applications to ensure that this circumstance is taken into account in pending proceedings.

2. Any other acts by the substitute Attorney-at-Law in the name of the represented person may be undertaken only with that person's consent and after concluding with that person an agreement for the provision of legal assistance. Otherwise, the substitute Attorney-at-Law terminates the power of attorney for further conduct of the matter granted on the basis of the decision appointing the substitute.

3. Where, in a given matter, there is a need to perform urgent procedural-representation acts in cases specified by law, including mandatory procedural representation, and failure to do so would threaten the represented person with irreparable harm, the substitute Attorney-at-Law shall perform those acts. This does not apply, however, to matters of which the substitute Attorney-at-Law had no knowledge, matters in which the represented person does not respond to attempts at contact, or where the represented person did not consent or did not conclude with the substitute Attorney-at-Law an agreement for the provision of legal assistance. In the cases referred to in the preceding sentence, the substitute Attorney-at-Law may terminate the power of attorney for further conduct of the matter granted on the basis of the decision appointing the substitute.

4. An Attorney-at-Law for whom the Dean of a District Chamber of Attorneys-at-Law has appointed an ex officio substitute shall provide the substitute with information about matters conducted for the represented person and cooperate with the substitute under the Code's rules on joining or taking over a matter by another Attorney-at-Law, unless the appointment was made for reasons that make this impossible.

ANNEX TO THE RULES ON PRACTISING THE PROFESSION OF ATTORNEY-AT-LAW

TEMPLATE — UNDERTAKING

I, the undersigned, ................................, undertake to observe, without any time limit, the duty to keep confidential all information that I have learned in connection with performing activities related to the provision of legal assistance by ................................ (Attorney-at-Law/law firm). I declare that I have been instructed about the legal liability arising from breach of the duty referred to above and that I am aware of the legal consequences of such conduct.

EDITORIAL NOTE

The source publication contains footnotes documenting the adoption, amendment and repeal history of individual provisions. The operative consolidated text of the Code and the full Rules, including all article and section numbering, are translated above. Repeating page headers and editorial footnote markers have not been reproduced.