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Palestra 10-2021

Does a lawyer, as a qualified counsel professionally providing legal services, have to anticipate the legal nature of a court registrar’s ruling? Comments against the background of the Supreme Court’s resolution of 8.11.2019 (III CZP 22/19)

The purpose of this publication, inspired by the resolution of the Supreme Court of 8.11.2019, cited in the title, is to present the issues related to the manner in which rulings issued by court registrars in civil cases are drafted, which may have the effect of misleading, in particular the counsels, as to the choice of the appropriate appeal, and thus, the deadline by which it should be filed. It should be assumed that a correctly drafted decision should begin with the words: ‘Court Registrar in the Court of...’. This is a very important issue, as it concerns the predictability of the provision of services by lawyers and the legal security of their clients, because the wrong choice of the type of appeal leads to its dismissal. The second part of the article discusses the way in which justifications of court decisions are drafted, in terms of the way in which lawyers are described as qualified counsels, and the related implications for the assessments of their professional work as persons providing professional legal assistance.

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