|
In Poland any person holding a Magister's degree in law is called "jurist" or "lawyer" ((ポーランド語:prawnik)). The licensed legal professions are as follows: * judge ((ポーランド語:sędzia)); * public attorney ((ポーランド語:prokurator)), legal representative of the State, with the exception of trials involving the Treasury, their primary duties include prosecution, supervision over police investigations and acting on behalf of public interest in all trials; * solicitor of the Treasury ((ポーランド語:radca Prokuratorii Generalnej Skarbu Państwa)), legal representative of the Treasury where significant State property is at stake, their representation is also mandatory in all trials involving the Treasury at central courts, * advocate ((ポーランド語:adwokat)), whose main function is to provide legal assistance, prepare legal opinions and drafts of legislative acts, and represent persons before court in civil, administrative and criminal trials; * legal advisor ((ポーランド語:radca prawny)), whose main function is to provide legal assistance, prepare legal opinions and drafts of legislative acts, and represent persons before courts in civil, administrative and criminal trials; * notary ((ポーランド語:notariusz)), whose job consists of mixture of civil law notary and notary public duties; * judicial officer〔http://www.europe-eje.eu/en/fiches-thematiques/pays/pologne〕 ((ポーランド語:komornik)), a public officer (but not an official) whose main function is to execute court's decisions concerning civil claims. 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 jurists are authorised to represent persons before courts in matters related to their profession. Such occupations include inter alia: * tax advisor ((ポーランド語:doradca podatkowy)), whose main function is to advise persons in tax matters, represent them before courts and State authorities in tax matters and perform other activities related to tax law; * patent attorney ((ポーランド語:rzecznik patentowy)), whose job consists of rendering legal assistance in industrial property matters. == The distinction between advocates and legal advisors == The division ''adwokat'' / ''radca prawny'' was created by a 1959 law which forbade advocates from advising socialised economy units (primarily state enterprises, and cooperatives, which were the dominant form of economic activity in the People's Republic of Poland), and introduced the new profession of ''radca prawny'' for that purpose. 1. Advocates and legal advisors have their own independent bar associations (both are members of CCBE - The Council of Bars and Law Societies of Europe); membership is obligatory for those willing to practice the respective profession: : * Advocates: The Polish Bar Council (ca 7,600 members); : * Legal advisors: National Chamber of Legal Advisors (ca 20,200 members). Currently, admission to the Polish Bar Council is open to the members of the National Chamber of Legal Advisors, and vice versa. Lawyers can be members of both bar associations at the same time, however they cannot practice both professions concurrently. 2. Legal regulations regarding the two professions slightly differ:〔Summary by the National Chamber of Legal Advisors ((online) )〕 : * Legal advisors are not authorised to defend persons charged in criminal trials; however, they can represent other parties in a criminal trial, including corporate entities liable for the damage resulting from a criminal offense, as well as defend persons charged with misdemeanors; : * Advocates cannot enter into any employment contract while practicing their profession (this includes being hired as an in-house lawyer or as an associate attorney or salaried partner at a law firm, although it is commonly evaded through self-employment); 3. The two bar associations have their own deontology and ethical codes according to which:〔Advocate's Code of Ethics ((online) )〕〔Legal Advisor's Code of Ethics ((online) )〕 : * legal advisors are allowed to inform about their services (advertisement being forbidden); advocates' rules in this matter are much stricter; : * advocates are subject to important limitations applying to the kind of business activities that they are allowed to undertake; the following actions are forbidden by the Advocates' Code of Ethics as colliding with the advocate's profession, while they are fully allowed to be performed by legal advisors: :::- holding the manager's position in another person's business entity; :::- holding the position of a member of the management board or proxy in commercial partnerships and companies, with the exception of law firms; :::- acting as a regular commercial agent; :::- running the same office with a person rendering other services, if they collide with advocates' ethical rules. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Lawyers in Poland」の詳細全文を読む スポンサード リンク
|