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Dispute resolution

"“The legal culture in Poland is growing and more people seek legal advice at the initial stage of design and development of their business – this is the most convenient and safest solution. In law -just like in medicine – prevention is better than cure”." - Krystian Ślązak

Dispute Resolution

In most cases litigation involves a significant cost, and can be a setback for both parties, especially when the benefits that were expected after the long litigation will no longer be so relevant and important. Our longest trial commenced 25 years ago and continues to the present day. In turn, many court cases that are important to our clients last for 2-4 years, and often the same result could have been achieved at the early stage of the dispute through settlement.

For this reason, we place a great emphasis on the pre-action stage which allows for an efficient and effective resolution of the dispute. We assess the commercial viability of court proceedings and advise on alternative methods of resolving the dispute– negotiation and arbitration.

When should you consult a lawyer?

The fundamental mistake individuals or businesses who are involved in a dispute make is to consult a lawyer when it might already be too late for taking effective action.

The best time for consulting a lawyer is either when you have first received a demand which you dispute, or when you have decided to issue such a demand yourself. At this stage, it is possible to effectively take the appropriate steps and protect the client's interests. If a lawyer is consulted only at later stages of the dispute such late consultation might jeopardise the chance of achieving the desired result.

It is also worthwhile to bear this in mind when entering into a contract to ensure that the contract is drafted in a way which most fully protects your position. This is particularly important in cases when you agree to assume significant responsibilities

What to remember when going to a lawyer?

Before you present the issue to the lawyer you should collate all the relevant documents and information, and also prepare an accurate and detailed summary of your position. It is also important to bear in mind that very often in legal disputes the information which at first glance seems the least important might be crucial to an advantageous outcome of the case.

Furthermore, in case you have any doubts you should definitely tell your lawyer, because precisely by taking these doubts into account the lawyer can suggest other safer solution.

Why us?

We have a litigation department which focuses its practice on court proceedings, and whose wealth of experience translates into successful litigation for our clients. In the last 12 years we have represented clients in more than 1276 criminal proceedings and 7346 civil proceedings. In total, we have acted for more than 1500 clients who entrusted us with their matters.

We have represented clients in a number of complex matters, having acted for both claimants and defendants.

Our services in particular include:

  • collating and reviewing documentation and an individual assessment of a client's legal position
  • undertaking a risk assessment associated with criminal, civil or commercial proceedings and preparing long-term scenarios of the proceedings
  • assisting with negotiations and settlement of the dispute
  • representing clients in civil and magistrates' courts, arbitration tribunals and courts, the Supreme Court, public local authorities, administrative courts and the Supreme Administrative Court, the Office of Competition and Consumer Protection (Urzad Ochrony Konkurencji and Konsumenta), the Court of Competition and Consumer Protection, employment tribunals
  • drafting claims, including claims in group litigation, applications, pleadings, petitions, appeals including appeals to the Supreme Court (skarga kasacyjna), petitions for the re-opening of proceedings, as well as a declaration of the unlawfulness of a final judgment.
  • Established over 12 years ago
  • Have represented clients in almost 1275 criminal proceedings and approximately 7340 civil proceedings

Our litigation experience

For several years we have participated in numerous criminal proceedings (both acting for defendants and injured parties/auxiliary prosecutors), as well as civil and commercial proceedings. Our experience and knowledge enables us to provide our clients with reliable legal assistance at the highest level. Thanks to the large number of lawyers in the department and their continuous professional development we are able to fulfil the new and numerous responsibilities that are incumbent on both parties to litigation as a result of the significant changes to the criminal procedure, which will come into force on the 1st July 2015.

Our experience includes participating in the “media proceedings” relating to the following events:

  • the robbery at cash and carry wholesaler “MAKRO” in Zabrze (acting for the defendants)
  • the disaster in MTK (acting for the defendants)
  • the disaster in the mine “Halemba” (acting for the defendants)
  • the disaster in the mine “Wujek” Ruch “Slaska” (acting for the defendants)
  • allegation of accepting bribes in the mining and medical sector (acting for the defendants)
  • representing the auxiliary prosecutor of the company ART B in criminal proceedings, in particular, against the defendant, Mr Boguslaw Bagsik
  • representing the shareholders of MCI Management in proceedings for payment against the Treasury. The firm was represented by one of the partners and legal counsels, Mr Robert Wtorek
IP Blog Spółki z Górnej Półki Procesowy.pl

 

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