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Stanislaw Lipiec

Jagiellonian University, Institute of Sociology, Department Member

Europejska Wyższa Szkoła Prawa i Administracji w Warszawie, Law, Faculty Member

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As a researcher deeply invested in socio-legal studies, my work canters around the practical aspects of European and international law, philosophy, and methodology. I'm committed to legal realism, focusing on how theoretical concepts in law and sociology apply in real-world scenarios. Through qualitative methodologies, I explore the empirical dimensions of law, history, politics and culture, aiming to bridge the gap between academic theory and tangible societal impact.
Supervisors: Marek Gnusowski and Inga Kawka

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Books by Stanislaw Lipiec

Polish Lawyers in Face of Globalisation socio-legal overview [Polscy prawnicy w obliczu globalizacji; rys socjologiczno-prawny]

Polish Lawyers in Face of Globalisation socio-legal overview, Dec 1, 2022

Globalisation processes are now increasingly visible also in the provision of legal services in P... more Globalisation processes are now increasingly visible also in the provision of legal services in Poland. They significantly influence the lives and professional practice of Polish advocates and legal advisers. The realities of the lawyers’ professional practice are changing considerably year by year. Consequently, individual lawyers, as well as the entire professional group, are evolving.

Developments in the number of Polish advocates and legal advisers, their distribution, gender parity, age and professional experience, specialisation and business legal form, professional qualifications and language skills are largely a result of globalisation and internationalisation of legal services. These processes are occurring quite rapidly and are already evident. Modern lawyers are already beginning to differ from the legal practitioners of 20-30 years ago.

The socio-legal study is based on the statistical data analysis of Polish and European public, academic and professional registers, as well as on own empirical research performed among Polish advocates and legal advisers. The research was based on a representative survey questionnaire method and the method of qualitative interviews.

The study results demonstrate a profound transformation of the legal professions, the existence of new development trends and the development of new types of legal services and working methods of Polish advocates and legal advisers.

Prawnicy – międzynarodowa praktyka. Materiały dodatkowe [Lawyers - international experience, supplementary materials]

The legal services market in Poland and throughout the European Union is changing rapidly in the ... more The legal services market in Poland and throughout the European Union is changing rapidly in the 21st century. Cross-border and international legal services, cooperation with foreign lawyers and collaboration with foreign clients are now increasingly common. Simultaneously, the conditions for lawyers to work internationally, the goals of legal services and the methods and forms of legal work are changing. Finally, lawyers evolve and become more and more international.

The study indicates that Polish lawyers are very reluctant to integrate into the European legal services market: they rarely work with foreign clients, do not establish relationships with foreign lawyers, do not work in other European countries and are distanced from the global development of legal services. Furthermore, the international legal services market rarely finds in Poland clients and associate lawyers. Polish lawyers and the entire domestic legal services market appear to be strongly isolated from the increasingly internationalised European legal services market. However, a small number of Polish lawyers practising abroad or with foreign nationals are reluctant to establish business links in the country.

Reasons for this are mainly: defective education of lawyers in the international field, absence of internships abroad, ossification of structures of national bar associations, no international networking, poor integration of the Polish services market with the market of other European Union countries and cultural lack of need for transnational legal services.

The research was conducted between 2017 and 2021 by semi-structured interviews (SSI) among representatives of the boards of Polish regional bar associations as well as by questionnaire surveys performed on a representative sample of Polish advocates and legal advisers. The study is supported by a content analysis of Polish lawyers' websites and desk research. The study is part of the canon of sociology of law. Based on the research outcomes, changes and reforms are proposed in Polish legislation, corporate law, education, and in day-to-day legal practice.

Prawnicy – międzynarodowa praktyka [Lawyers - international experience]

The legal services market in Poland and throughout the European Union is changing rapidly in the ... more The legal services market in Poland and throughout the European Union is changing rapidly in the 21st century. Cross-border and international legal services, cooperation with foreign lawyers and collaboration with foreign clients are now increasingly common. Simultaneously, the conditions for lawyers to work internationally, the goals of legal services and the methods and forms of legal work are changing. Finally, lawyers evolve and become more and more international.

The study indicates that Polish lawyers are very reluctant to integrate into the European legal services market: they rarely work with foreign clients, do not establish relationships with foreign lawyers, do not work in other European countries and are distanced from the global development of legal services. Furthermore, the international legal services market rarely finds in Poland clients and associate lawyers. Polish lawyers and the entire domestic legal services market appear to be strongly isolated from the increasingly internationalised European legal services market. However, a small number of Polish lawyers practising abroad or with foreign nationals are reluctant to establish business links in the country.

Reasons for this are mainly: defective education of lawyers in the international field, absence of internships abroad, ossification of structures of national bar associations, no international networking, poor integration of the Polish services market with the market of other European Union countries and cultural lack of need for transnational legal services.

The research was conducted between 2017 and 2021 by semi-structured interviews (SSI) among representatives of the boards of Polish regional bar associations as well as by questionnaire surveys performed on a representative sample of Polish advocates and legal advisers. The study is supported by a content analysis of Polish lawyers' websites and desk research. The study is part of the canon of sociology of law. Based on the research outcomes, changes and reforms are proposed in Polish legislation, corporate law, education, and in day-to-day legal practice.

Gastronomia. Praca i prekariat. Studium socjologiczno-prawne [The food service. Work and precariat. A sociological and legal study]

Over 500 000 people work in the Polish catering industry. Most of them work seasonally or at week... more Over 500 000 people work in the Polish catering industry. Most of them work seasonally or at weekends. Students and young people represent the majority of the employed staff. The Polish HoReCa branch is growing intensively mainly due to them. Most guests can enjoy a pleasant time in the growing number of restaurants.
Unfortunately, personal relations in Polish bars and cafes are very tense. Most of the team members work in the black economy or on the basis of civil law contracts. They work overtime, 12 to 16 hours a day, without a single break, for weeks and months. They do not obtain holidays or time off from work. Restaurants restrict the work opportunities of people with disabilities, pregnant women, parents. The salaries are at the same time very low and not always paid regularly. The catering industry limits business costs through the reduction of the costs of employee engagement. This is a perfect example of the Polish precariat.
The sociological and legal study was based on interviews with employees of catering facilities in several major Polish cities. The comparison of the employees’ stories with the legal condition of Polish and international labour law indicates the very negative legal and practical condition of employment in the HoReCa industry.

Szczakowa. Studium Społeczno-Gospodarcze [Szczakowa. Socio-Economic Study]

Szczakowa is a district of southern Poland, medium-sized town of Jaworzno. Today this area is rat... more Szczakowa is a district of southern Poland, medium-sized town of Jaworzno. Today this area is rather forgotten, devastated and marginalized. This was not always the case. Once Szczakowa was one of the most resilient villages and towns in Western Galicia and Malopolska. In the Middle Ages and the modern period, it developed quietly, on the sidelines of major events. However, it was here that the interests of the king and the Bishops of Cracow crossed. Here, at the command of King Poniatowski, the first Polish coal mine was located.

In the days of the Free City of Krakow and the reign of the Austro-Hungarian Emperor Franz Josef, the town was one of the most important Austrian railway stations on the Northern Railroad. It was a part of the Three Emperors’ Corner separating the three Powers: Austria, Germany and Russia. It was one of the most significant border crossings in Europe. Around the railway station it created a vibrant industry and the town grew, which received municipal rights in 1896. Here the most modern European cement mill, soda and glassworks were located, military units were stationed, railway transport intensively developed.

In the Second Polish Republic the city grew rapidly. Szczakowa has become one of the largest and most dynamic cities of the Cracow Basin. During World War II, the area was incorporated into the Third Reich, but the guerrilla was active here. After the war, the city continued to grow rapidly. Unfortunately, the heavy industry and mining of nearby Jaworzno dominated the railway’s town. Therefore, in 1956 Szczakowa disappears from the history cards due to its inclusion in the nearby Jaworzno.

Szczakowa is not only a railway and industry. It is also a local society, for hundreds of years living side-by-side Poles, Germans, Jews, and Russians. It is also a new buoyant intelligence, fully ethos workers, whether open-minded newcomers from distant countries. Despite its brief history of power, the town has become the stirring of the development of local elites. Large-scale cultural, sports, military and patriotic initiatives have demonstrated the strong growth of the local community. After many years, the situation has changed, forgotten past. Nevertheless, is not it time to recall the years of glory of Szczakowa?

Papers by Stanislaw Lipiec

Silent boundaries: exploring the limits of legal confidentiality in Poland

International Journal of the Legal Profession, Sep 16, 2024

Legal confidentiality, an integral aspect of European legal culture and legal services, plays a p... more Legal confidentiality, an integral aspect of European legal culture and legal services, plays a pivotal role in safeguarding the trust and privacy of professional-client relationships. This study focuses on the multifaceted dimensions of legal secrecy, particularly within the context of commercial lawyers in the European legal services market, using Polish legal advisers as an exemplar. The research explores evolving attitudes, expectations, and perceptions of legal secrecy amidst dynamic legal changes and discrepancies in interpretations among lawyers, public authorities, and citizens.

A comprehensive mixed-method approach was used, including surveys, structured in-depth interviews, content analysis, and desk research, to investigate the diverse facets of legal secrecy. Findings reveal that while legal secrecy remains highly esteemed, its interpretation varies significantly across national and EU laws and among stakeholders. There are a multitude of types of legal secrecy, creating confusion and opportunities for public authorities to breach confidentiality.

The study underscores the critical need for standardisation and unification of legal secrecy across European countries to enhance cross-border legal services, streamline justice systems, and bolster citizen protection. It emphasises that despite legal and societal changes, the fundamental essence and importance of legal secrecy in upholding democracy, justice, and trust remain steadfast.

Globalisation in the Gavel: Unveiling the Transformation of Poland’s Judiciary and the Lawyers’ Perspective in the Age of Interconnectedness

Studia Iuridica Lublinensia, Jun 27, 2024

The study presents a comprehensive, scientific and research-orientated analysis of the impact of ... more The study presents a comprehensive, scientific and research-orientated analysis of the impact of globalisation on the Polish judiciary, with a specific focus on the experiences and adaptations of Polish lawyers. It delves into the integration and challenges of applying international legal norms, particularly European Union law, within the Polish legal framework. The research methodology includes qualitative interviews and a thorough review of legislative developments, providing a methodological approach to understand the phenomenon. The report identifies the adaptation of Polish legal professionals to globalisation of law as a significant scientific problem, justifying the need for a deeper exploration of this issue. It posits the main thesis that the Polish judiciary is undergoing a transformative phase, influenced significantly by international legal principles, but faces challenges in the complete assimilation of these norms. The purpose of this research is to shed light on the nuanced process of legal globalisation within a national context, focusing on the role of legal professionals in this transition. The originality of the research lies in its detailed examination of Polish lawyers’ perspectives, a relatively underexplored aspect in the existing literature. The scope of the research is both national and European Union focused, with implications for international legal studies. Its cognitive value extends beyond academic discourse, offering practical insights for legal practitioners and policymakers in Poland and similar jurisdictions undergoing legal globalisation. The findings contribute significantly to the understanding of the socio-legal dynamics at play in the context of global legal integration.

An Alternative Resolution of International Disputes: A Review of the Polish Approach

Studia Europejskie – Studies in European Affairs, 2023

In the age of globalisation, alternative forms of dispute resolution (ADR) are gaining new import... more In the age of globalisation, alternative forms of dispute resolution (ADR) are gaining new importance. Also in Poland, we observe an increasing number of mediations and arbitrations in international (cross-border) cases. However, the number and importance of international ADR in Poland is much lower than in other European countries.

Polish advocates and legal advisers, experienced in conducting international arbitration and mediation, explain the Polish specificity, genesis and perspectives of ADR in international disputes. The comparison of the lawyers' experiences to the collected data completely describes the state of out-of-court forms of dispute resolution in these types of situations.

The study based on interviews with Polish jurists, analysis of statistical data and analysis of non-reactive materials demonstrates far-reaching deficiencies and problems of the Polish system of alternative dispute resolution in transnational cases.

The international legal services in Poland - pilot study results [Międzynarodowe usługi prawnicze w Polsce - wyniki badania pilotażowego]

Prawo w 2022 roku. Studia i materiały, Sep 2022

In the era of globalisation, legal practice is constantly and profoundly changing. Today, jurists... more In the era of globalisation, legal practice is constantly and profoundly changing. Today, jurists provide legal services internationally, cross-border, cooperate with foreign clients and use international law instruments in daily practice. The current changes in the legal services market, legal work globalisation and the international law influence on the lawyers' activity in Poland and Europe seem to be current and increasingly important topics. Hitherto, these matters have been hardly highlighted and largely unexplored. Particularly Polish lawyers' international work in the European context is an unknown area.

Therefore, the best way to look at the changes in the international legal services market is to utilise the knowledge and experience of lawyers working in the international community on a daily basis. Research based on interviews with representatives of bar associations and on surveys of a representative group of all Polish advocates and legal advisers seems to be the most effective research method. The supplementation of these methods with the analysis of legal acts and non-reactive materials is the most appropriate path to follow of this research. A broad triangulation of methods is rarely used nowadays, but it is the only one that allows a comprehensive look at the problem.

The pilot study reveals that Polish lawyers do not actually work internationally, nor work abroad, nor cooperate with foreign clients, nor use international legal instruments in courts. Legal market globalisation largely eludes them. Major reasons are: inadequate competences, unsuitable education, high volume of local cases, high local professional position and no economic and social needs.

The Youth abandon globalisation (of legal services). Part one - the decline of global competence [Młodzież rezygnuje z globalizacji (usług prawniczych). Część pierwsza - utrata kompetencji ogólnych]

Nauki Społeczne i Humanistyczne Varia, 2023

Herbert Marshall McLuhan stated that globalisation is a permanent process that has been happening... more Herbert Marshall McLuhan stated that globalisation is a permanent process that has been happening for decades or even centuries. Nowadays, we can observe that globalisation is not a permanent process, experiencing cri-ses and regressions. Various elements of globalisation also affect the provision of professional services, including legal services and professional groups such as lawyers. An indicator of lawyers' globalisation is the degree of key or global competences available in their profession. As they increase, globalisation processes affect jurists and legal services more strongly, while as they decrease, deglobalisation processes are noted, a regression of globalisation. The survey of Polish law students and trainee legal advisers and advocates reveals that Polish lawyers are rejecting globalisation trends, withdrawing from international affairs, and returning to their hometowns. Young lawyers do not acquiring new global competences and are questioning their relevance. Insufficient knowledge of foreign languages, no international experience, mediocre knowledge of international and EU law, lost openness to the world, and absence of soft competences result in the disappearance of international work opportunities , cross-border cooperation, or legal services for foreigners. The declared openness of lawyers to the world a few years ago is transforming into a return to localism. Today's junior lawyers will be adult advocates and legal advisers in a few years. Consequently, professional adults will no longer effectively provide global services. The research was conducted among 683 law students from 9 Polish universities and representatives of the councils of bar associations of advocates and legal advisers. An auditory questionnaire method and a semi-structured interview (SSI) were used.

Afterimages of the 20th century’s first half: Polish lawyers confronting the shadows of history [Powidoki pierwszej połowy XX wieku: doświadczenia polskich prawników z dawnymi sprawami]

Czasopismo Prawno-Historyczne, 2023

20th century have influenced the shape of contemporary legal practice. Utilizing qualitative, in-... more 20th century have influenced the shape of contemporary legal practice. Utilizing qualitative, in-depth interviews, insights were gathered from experienced Polish lawyers, many of whom practiced during the era of the Polish People's Republic or during the transformative period of the 1990s. Their testimonies not only shed light on the evolution of legal practice but also highlight the complex relationship between social structures and the application of law both today and in the past. The research reveals an inseparable link between past socio-political conditions and the current Polish legal framework, ethics, and practice, emphasizing the necessity of integrating a sociological perspective in modern legal practice.

Country-of-origin Effect in Professional Services: An Empirical Study Based on Legal Services [Efekt Kraju Pochodzenia w Usługach Profesjonalnych: Badanie Empiryczne Usług Prawniczych]

by Stanislaw Lipiec and Marek Gnusowski

Country of origin effects on service evaluation, Dec 2023

The study delves into the Country-of-Origin (COO) effect in the professional legal services secto... more The study delves into the Country-of-Origin (COO) effect in the professional legal services sector. The introduction sets the stage by highlighting the significance of COO in the global market, particularly in service industries like legal services where personal interactions and cultural perceptions play a crucial role. The research methodology is comprehensive, employing a mixed-methods approach. Quantitative data was collected through surveys targeting European lawyers with Polish affiliations, ensuring a diverse range of perspectives. Qualitative insights were garnered through in-depth interviews, offering a nuanced understanding of how COO perceptions manifest in the professional setting. Significant findings emerged from this study. It was observed that lawyers’ birthplaces, educational backgrounds, and cultural affiliations significantly influence client perceptions and choices. These COO factors not only impact the initial selection of legal representatives but also affect ongoing client-lawyer relationships and the overall cooperation success. An interesting point noted in the study is the varying degrees of COO effect based on the legal service type. For instance, in more standardized legal tasks, COO seemed less influential compared to services requiring higher levels of personal interaction and cultural understanding. The conclusions drawn are thought-provoking. The study underscores the need for legal firms to acknowledge and strategically utilise the COO effect in their marketing and client relationship management. It suggests that a deeper understanding of COO can enhance intercultural client-lawyer interactions, leading to more effective and satisfactory legal services. Overall, this article contributes significantly to the limited literature on COO effects in professional services, particularly legal services, offering practical insights for both academic and professional audiences in the field of international marketing and intercultural business communication.

Bittersweet Brew: The Socio-Legal Dynamics of Labour in Poland's Culinary Scene [Słodko-Gorzkie Piwo: Socjologiczno-Prawna Dynamika Pracy w Polskiej Branży Gastronomicznej]

Labour&Law Issues, Dec 1, 2023

The hotel, restaurant, café, and catering (HoReCa) sector has witnessed remarkable growth, partic... more The hotel, restaurant, café, and catering (HoReCa) sector has witnessed remarkable growth, particularly in Europe. However, this growth is accompanied by operational disparities in adhering to Occupational Safety and Health (OSH) regulations within the Polish catering industry. Rooted in the sociological paradigm of law and legal realism, this research delves into the divergence between Polish, European Union, and international labour laws, and the practical sociological dynamics within Polish catering establishments. Employing qualitative methods such as interviews, observations, and content analysis, our study identifies pressing challenges in OSH and labour regulations adherence. We aim to elucidate the ramifications for service quality and advocate for legislative enhancements. Our findings underscore that economic considerations often dictate the selective enforcement of standards, leading to legal violations, customer dissatisfaction, and workplace predicaments. This study also reveals the complicity of employees in these situations and the complexity of regulatory overload. It underscores the urgency of comprehensive legislation tailored to the specific needs of the Polish HoReCa sector, encompassing labour law, EU regulations, and international labour law. Furthermore, education, training, strengthened supervision, and employee involvement are deemed essential to foster compliance and create a safer, more customer-friendly environment.

The Legal Services Market for Ukrainians in the European Union: The Example of Poland

Eastern European Journal of Transnational Relations

In Poland and Germany have already lived about 3 million Ukrainians. Polish and German lawyers no... more In Poland and Germany have already lived about 3 million Ukrainians. Polish and German lawyers note that such a large number of immigrants may constitute a substantial market for their legal services. Therefore, they more and more often provide specific legal services to Ukrainians. The basic characteristics of the market of legal services provided to Ukrainians in Poland and the explanation of the functioning mechanisms of the Ukrainian legal services market in Poland and the EU are important elements of the study. During the study, we check the research hypothesis: immigrants from Ukraine to the European Union have co-created a new EU market for legal services. The study was conducted using the method of structured interview among Polish advocates and legal advisers and using the method of content analysis and statistical analysis. The survey results show that in Poland and in Germany there is the Ukrainian legal services market. Polish and German lawyers do not specialize in Ukra...

The attitude of Polish lawyers towards the European Union and European Union lawcauses and effects

Wschodnie Forum Nauki, Jun 1, 2021

We regularly witness the increasing participation of the European Union in our daily lives. The p... more We regularly witness the increasing participation of the European Union in our daily lives. The presence of the EU is strongly felt in the media space, but also through the effect of EU law. Lawyers are a special group of people who are particularly familiar with and apply European law. Their attitudes towards EU law and EU activities also influence the general public's attitudes. The study reveals the state of knowledge of Polish advocates and legal advisers on EU law, their ways of applying it in practice, their forms of dissemination and their attitudes towards the European Union.

The results of the survey indicate that Polish lawyers do not know the rules of application of EU law, are not interested in the work of EU institutions, and are not enthusiastic about the Union. Consequently, they are reluctant toward the EU, do not want to apply EU law, and do not disseminate EU activities among other social strata. Only a very small group of legal professionals is Euro-enthusiastic. This attitude of lawyers has an impact on the lack of knowledge, experience, and attitudes of Poles towards the EU activities, which is often observed in the media space.

Research has been carried out through structured interviews (SSI) among representatives of bar associations in all parts of Poland. It was supplemented with research based on content analysis of non-reactive materials. The entire study was based on the principles of grounded theory.

The impact of the People’s Republic of Poland and events at the end of the 20th century on professional activity of contemporary jurists

The second half of the 20th century in Poland was full of momentous events. The consequences of m... more The second half of the 20th century in Poland was full of momentous events. The consequences of many of them had their repercussions on the ground of application of law. The aftermath of World War II, the Stalinist period, the events of March 1968, people fleeing abroad, new socialist laws and systemic education, the functioning of the socialist economy, or the systemic changes of the 1990s are only the most significant events, the legal consequences of which are still felt today. Most of these events are still discussed in the media and political space at the beginning of the third decade of the 21st century. Current lawyers are also sometimes involved in resolving these long-standing issues both with their clients and in the public space. The study demonstrates that due to the passage of time, legal and cultural changes, the events of the past are less and less frequent among Polish jurists. Media and political reports are created artificially without support in the actual work of the Polish judiciary and lawyers. Polish legal professionals emphasise that old cases from the 20th century are increasingly rare in their professional practice, while media reports are exaggerated. The research was based on interviews with representatives of Polish bar associations of advocates and legal advisers across the country. It was conducted using semi-structured interviews and content analysis. The research belongs to the paradigm of sociology of law and oral history.

Prawnicy – międzynarodowa praktyka. Materiały dodatkowe [Lawyers - international experience. Supplementary Materials]

The legal services market in Poland and throughout the European Union is changing rapidly in the ... more The legal services market in Poland and throughout the European Union is changing rapidly in the 21st century. Cross-border and international legal services, cooperation with foreign lawyers and collaboration with foreign clients are now increasingly common. Simultaneously, the conditions for lawyers to work internationally, the goals of legal services and the methods and forms of legal work are changing. Finally, lawyers evolve and become more and more international. The study indicates that Polish lawyers are very reluctant to integrate into the European legal services market: they rarely work with foreign clients, do not establish relationships with foreign lawyers, do not work in other European countries and are distanced from the global development of legal services. Furthermore, the international legal services market rarely finds in Poland clients and associate lawyers. Polish lawyers and the entire domestic legal services market appear to be strongly isolated from the increasingly internationalised European legal services market. However, a small number of Polish lawyers practising abroad or with foreign nationals are reluctant to establish business links in the country. Reasons for this are mainly: defective education of lawyers in the international field, absence of internships abroad, ossification of structures of national bar associations, no international networking, poor integration of the Polish services market with the market of other European Union countries and cultural lack of need for transnational legal services. The research was conducted between 2017 and 2021 by semi-structured interviews (SSI) among representatives of the boards of Polish regional bar associations as well as by questionnaire surveys performed on a representative sample of Polish advocates and legal advisers. The study is supported by a content analysis of Polish lawyers&#39; websites and desk research. The study is part of the canon of sociology of law. Based on the research outcomes, changes and reforms are proposed in Polish legislation, corporate law, education, and in day-to-day legal practice.

The Legal Services Market for Ukrainians in the European Union: The Example of Poland [Rynek usług prawniczych dla Ukraińców w Unii Europejskiej: przykład Polski]

Eastern European Journal of Transnational Relations, Feb 20, 2022

In Poland and Germany have already lived about 3 million Ukrainians. Polish and German lawyers no... more In Poland and Germany have already lived about 3 million Ukrainians. Polish and German lawyers note that such a large number of immigrants may constitute a substantial market for their legal services. Therefore, they more and more often provide specific legal services to Ukrainians.

The basic characteristics of the market of legal services provided to Ukrainians in Poland and the explanation of the functioning mechanisms of the Ukrainian legal services market in Poland and the EU are important elements of the study. During the study, we check the research hypothesis: immigrants from Ukraine to the European Union have co-created a new EU market for legal services.

The study was conducted using the method of structured interview among Polish advocates and legal advisers and using the method of content analysis and statistical analysis. The survey results show that in Poland and in Germany there is the Ukrainian legal services market.

Polish and German lawyers do not specialize in Ukrainian matters. Special legal services close to Ukrainians are not being developed. However, there is an increased volume of Ukrainian clients in Poland and minor modifications in the manner, number and method of providing services by lawyers. The first experiences of lawyers from cooperation with Ukrainians show that within 10 years, legal services for Ukrainians in Poland and Germany will become one of the most lucrative advocate specializations.

Raport z badania radców prawnych oraz ich klientów w związku z planowanymi zmianami uregulowań korporacyjnych i przepisami ustawy o zasadach uznawania kwalifikacji zawodowych nabytych w państwach członkowskich Unii Europejskiej [Report on the corporate regulations of the proportionality test]

The report is a summary of research and analysis to support the discussion on the reasons for ame... more The report is a summary of research and analysis to support the discussion on the reasons for amendments to the provisions of the Code of Ethics for Legal Advisers (KERP) on three scopes: information about the practice of the profession and solicitation of clients for legal services; allowing for disclosure of professional secrets in cases against legal advisers between legal advisers and clients; allowing cooperation with third parties in alternative business structures, companies with digital services and combining legal aid with non-legal activities; in light of the provisions of the Act on the Principles of Recognition of Professional Qualifications Acquired in the Member States of the European Union, the Services Directive and the sectoral legal directives on the permanent and temporary provision of cross-border legal services, in particular with regard to proportionality, subsidiarity and the legitimate nature of the regulation. The report is based on quantitative research prepared and conducted in June 2022 by a research team led by Marek Gnusowski in cooperation with and commissioned by the National Chamber of Legal Advisers.

Polish-Ukrainian Legal Services: A Sociological and Legal Study [Polsko-ukraińskie usługi prawnicze: Studium socjologiczno-prawne]

Access to Justice in Eastern Europe, Nov 30, 2021

The rapid development of contemporary Polish-Ukrainian relations and the emigration of Ukrainians... more The rapid development of contemporary Polish-Ukrainian relations and the emigration of Ukrainians to Poland and EU countries require more and more lawyers to provide cross-border legal services. However, the emerging barriers between the countries effectively limit the possibilities for cooperation. It is particularly important to determine the extent of involvement of Polish lawyers in Ukraine and Ukrainians in Poland and to explain the reasons for their lack of involvement. It is also important to determine the consequences of the observed problem and the development strategy for the future.

The present research is part of a larger study on the internationalisation of the Polish justice system and the provision of cross-border legal services. Methodologically, the study has been performed through structured interviews among representatives of Polish lawyers and questionnaires among all Polish lawyers. It was supplemented by non-reactive methods: an analysis of statistical data, an anthropomastic analysis, a content analysis of websites, and a functional analysis of legal acts.

The results of the study show that Polish lawyers do not practice in Ukraine at all, and no more than 20 Ukrainian jurists work in Poland. The reasons are the border barriers and the lack of demand for mutual legal services, as well as cultural differences. The low level of involvement of the Polish and Ukrainian Bar Associations also contributes to the low level of provision of cross-border legal services. Nevertheless, Ukrainian immigrants to Poland are increasingly becoming Polish lawyers. Currently, the involvement of Ukrainian lawyers in the Polish legal services market is slowly increasing. This confused situation will likely change later this decade.

Polish Lawyers in Face of Globalisation socio-legal overview [Polscy prawnicy w obliczu globalizacji; rys socjologiczno-prawny]

Polish Lawyers in Face of Globalisation socio-legal overview, Dec 1, 2022

Globalisation processes are now increasingly visible also in the provision of legal services in P... more Globalisation processes are now increasingly visible also in the provision of legal services in Poland. They significantly influence the lives and professional practice of Polish advocates and legal advisers. The realities of the lawyers’ professional practice are changing considerably year by year. Consequently, individual lawyers, as well as the entire professional group, are evolving.

Developments in the number of Polish advocates and legal advisers, their distribution, gender parity, age and professional experience, specialisation and business legal form, professional qualifications and language skills are largely a result of globalisation and internationalisation of legal services. These processes are occurring quite rapidly and are already evident. Modern lawyers are already beginning to differ from the legal practitioners of 20-30 years ago.

The socio-legal study is based on the statistical data analysis of Polish and European public, academic and professional registers, as well as on own empirical research performed among Polish advocates and legal advisers. The research was based on a representative survey questionnaire method and the method of qualitative interviews.

The study results demonstrate a profound transformation of the legal professions, the existence of new development trends and the development of new types of legal services and working methods of Polish advocates and legal advisers.

Prawnicy – międzynarodowa praktyka. Materiały dodatkowe [Lawyers - international experience, supplementary materials]

The legal services market in Poland and throughout the European Union is changing rapidly in the ... more The legal services market in Poland and throughout the European Union is changing rapidly in the 21st century. Cross-border and international legal services, cooperation with foreign lawyers and collaboration with foreign clients are now increasingly common. Simultaneously, the conditions for lawyers to work internationally, the goals of legal services and the methods and forms of legal work are changing. Finally, lawyers evolve and become more and more international.

The study indicates that Polish lawyers are very reluctant to integrate into the European legal services market: they rarely work with foreign clients, do not establish relationships with foreign lawyers, do not work in other European countries and are distanced from the global development of legal services. Furthermore, the international legal services market rarely finds in Poland clients and associate lawyers. Polish lawyers and the entire domestic legal services market appear to be strongly isolated from the increasingly internationalised European legal services market. However, a small number of Polish lawyers practising abroad or with foreign nationals are reluctant to establish business links in the country.

Reasons for this are mainly: defective education of lawyers in the international field, absence of internships abroad, ossification of structures of national bar associations, no international networking, poor integration of the Polish services market with the market of other European Union countries and cultural lack of need for transnational legal services.

The research was conducted between 2017 and 2021 by semi-structured interviews (SSI) among representatives of the boards of Polish regional bar associations as well as by questionnaire surveys performed on a representative sample of Polish advocates and legal advisers. The study is supported by a content analysis of Polish lawyers' websites and desk research. The study is part of the canon of sociology of law. Based on the research outcomes, changes and reforms are proposed in Polish legislation, corporate law, education, and in day-to-day legal practice.

Prawnicy – międzynarodowa praktyka [Lawyers - international experience]

The legal services market in Poland and throughout the European Union is changing rapidly in the ... more The legal services market in Poland and throughout the European Union is changing rapidly in the 21st century. Cross-border and international legal services, cooperation with foreign lawyers and collaboration with foreign clients are now increasingly common. Simultaneously, the conditions for lawyers to work internationally, the goals of legal services and the methods and forms of legal work are changing. Finally, lawyers evolve and become more and more international.

The study indicates that Polish lawyers are very reluctant to integrate into the European legal services market: they rarely work with foreign clients, do not establish relationships with foreign lawyers, do not work in other European countries and are distanced from the global development of legal services. Furthermore, the international legal services market rarely finds in Poland clients and associate lawyers. Polish lawyers and the entire domestic legal services market appear to be strongly isolated from the increasingly internationalised European legal services market. However, a small number of Polish lawyers practising abroad or with foreign nationals are reluctant to establish business links in the country.

Reasons for this are mainly: defective education of lawyers in the international field, absence of internships abroad, ossification of structures of national bar associations, no international networking, poor integration of the Polish services market with the market of other European Union countries and cultural lack of need for transnational legal services.

The research was conducted between 2017 and 2021 by semi-structured interviews (SSI) among representatives of the boards of Polish regional bar associations as well as by questionnaire surveys performed on a representative sample of Polish advocates and legal advisers. The study is supported by a content analysis of Polish lawyers' websites and desk research. The study is part of the canon of sociology of law. Based on the research outcomes, changes and reforms are proposed in Polish legislation, corporate law, education, and in day-to-day legal practice.

Gastronomia. Praca i prekariat. Studium socjologiczno-prawne [The food service. Work and precariat. A sociological and legal study]

Over 500 000 people work in the Polish catering industry. Most of them work seasonally or at week... more Over 500 000 people work in the Polish catering industry. Most of them work seasonally or at weekends. Students and young people represent the majority of the employed staff. The Polish HoReCa branch is growing intensively mainly due to them. Most guests can enjoy a pleasant time in the growing number of restaurants.
Unfortunately, personal relations in Polish bars and cafes are very tense. Most of the team members work in the black economy or on the basis of civil law contracts. They work overtime, 12 to 16 hours a day, without a single break, for weeks and months. They do not obtain holidays or time off from work. Restaurants restrict the work opportunities of people with disabilities, pregnant women, parents. The salaries are at the same time very low and not always paid regularly. The catering industry limits business costs through the reduction of the costs of employee engagement. This is a perfect example of the Polish precariat.
The sociological and legal study was based on interviews with employees of catering facilities in several major Polish cities. The comparison of the employees’ stories with the legal condition of Polish and international labour law indicates the very negative legal and practical condition of employment in the HoReCa industry.

Szczakowa. Studium Społeczno-Gospodarcze [Szczakowa. Socio-Economic Study]

Szczakowa is a district of southern Poland, medium-sized town of Jaworzno. Today this area is rat... more Szczakowa is a district of southern Poland, medium-sized town of Jaworzno. Today this area is rather forgotten, devastated and marginalized. This was not always the case. Once Szczakowa was one of the most resilient villages and towns in Western Galicia and Malopolska. In the Middle Ages and the modern period, it developed quietly, on the sidelines of major events. However, it was here that the interests of the king and the Bishops of Cracow crossed. Here, at the command of King Poniatowski, the first Polish coal mine was located.

In the days of the Free City of Krakow and the reign of the Austro-Hungarian Emperor Franz Josef, the town was one of the most important Austrian railway stations on the Northern Railroad. It was a part of the Three Emperors’ Corner separating the three Powers: Austria, Germany and Russia. It was one of the most significant border crossings in Europe. Around the railway station it created a vibrant industry and the town grew, which received municipal rights in 1896. Here the most modern European cement mill, soda and glassworks were located, military units were stationed, railway transport intensively developed.

In the Second Polish Republic the city grew rapidly. Szczakowa has become one of the largest and most dynamic cities of the Cracow Basin. During World War II, the area was incorporated into the Third Reich, but the guerrilla was active here. After the war, the city continued to grow rapidly. Unfortunately, the heavy industry and mining of nearby Jaworzno dominated the railway’s town. Therefore, in 1956 Szczakowa disappears from the history cards due to its inclusion in the nearby Jaworzno.

Szczakowa is not only a railway and industry. It is also a local society, for hundreds of years living side-by-side Poles, Germans, Jews, and Russians. It is also a new buoyant intelligence, fully ethos workers, whether open-minded newcomers from distant countries. Despite its brief history of power, the town has become the stirring of the development of local elites. Large-scale cultural, sports, military and patriotic initiatives have demonstrated the strong growth of the local community. After many years, the situation has changed, forgotten past. Nevertheless, is not it time to recall the years of glory of Szczakowa?

Silent boundaries: exploring the limits of legal confidentiality in Poland

International Journal of the Legal Profession, Sep 16, 2024

Legal confidentiality, an integral aspect of European legal culture and legal services, plays a p... more Legal confidentiality, an integral aspect of European legal culture and legal services, plays a pivotal role in safeguarding the trust and privacy of professional-client relationships. This study focuses on the multifaceted dimensions of legal secrecy, particularly within the context of commercial lawyers in the European legal services market, using Polish legal advisers as an exemplar. The research explores evolving attitudes, expectations, and perceptions of legal secrecy amidst dynamic legal changes and discrepancies in interpretations among lawyers, public authorities, and citizens.

A comprehensive mixed-method approach was used, including surveys, structured in-depth interviews, content analysis, and desk research, to investigate the diverse facets of legal secrecy. Findings reveal that while legal secrecy remains highly esteemed, its interpretation varies significantly across national and EU laws and among stakeholders. There are a multitude of types of legal secrecy, creating confusion and opportunities for public authorities to breach confidentiality.

The study underscores the critical need for standardisation and unification of legal secrecy across European countries to enhance cross-border legal services, streamline justice systems, and bolster citizen protection. It emphasises that despite legal and societal changes, the fundamental essence and importance of legal secrecy in upholding democracy, justice, and trust remain steadfast.

Globalisation in the Gavel: Unveiling the Transformation of Poland’s Judiciary and the Lawyers’ Perspective in the Age of Interconnectedness

Studia Iuridica Lublinensia, Jun 27, 2024

The study presents a comprehensive, scientific and research-orientated analysis of the impact of ... more The study presents a comprehensive, scientific and research-orientated analysis of the impact of globalisation on the Polish judiciary, with a specific focus on the experiences and adaptations of Polish lawyers. It delves into the integration and challenges of applying international legal norms, particularly European Union law, within the Polish legal framework. The research methodology includes qualitative interviews and a thorough review of legislative developments, providing a methodological approach to understand the phenomenon. The report identifies the adaptation of Polish legal professionals to globalisation of law as a significant scientific problem, justifying the need for a deeper exploration of this issue. It posits the main thesis that the Polish judiciary is undergoing a transformative phase, influenced significantly by international legal principles, but faces challenges in the complete assimilation of these norms. The purpose of this research is to shed light on the nuanced process of legal globalisation within a national context, focusing on the role of legal professionals in this transition. The originality of the research lies in its detailed examination of Polish lawyers’ perspectives, a relatively underexplored aspect in the existing literature. The scope of the research is both national and European Union focused, with implications for international legal studies. Its cognitive value extends beyond academic discourse, offering practical insights for legal practitioners and policymakers in Poland and similar jurisdictions undergoing legal globalisation. The findings contribute significantly to the understanding of the socio-legal dynamics at play in the context of global legal integration.

An Alternative Resolution of International Disputes: A Review of the Polish Approach

Studia Europejskie – Studies in European Affairs, 2023

In the age of globalisation, alternative forms of dispute resolution (ADR) are gaining new import... more In the age of globalisation, alternative forms of dispute resolution (ADR) are gaining new importance. Also in Poland, we observe an increasing number of mediations and arbitrations in international (cross-border) cases. However, the number and importance of international ADR in Poland is much lower than in other European countries.

Polish advocates and legal advisers, experienced in conducting international arbitration and mediation, explain the Polish specificity, genesis and perspectives of ADR in international disputes. The comparison of the lawyers' experiences to the collected data completely describes the state of out-of-court forms of dispute resolution in these types of situations.

The study based on interviews with Polish jurists, analysis of statistical data and analysis of non-reactive materials demonstrates far-reaching deficiencies and problems of the Polish system of alternative dispute resolution in transnational cases.

The international legal services in Poland - pilot study results [Międzynarodowe usługi prawnicze w Polsce - wyniki badania pilotażowego]

Prawo w 2022 roku. Studia i materiały, Sep 2022

In the era of globalisation, legal practice is constantly and profoundly changing. Today, jurists... more In the era of globalisation, legal practice is constantly and profoundly changing. Today, jurists provide legal services internationally, cross-border, cooperate with foreign clients and use international law instruments in daily practice. The current changes in the legal services market, legal work globalisation and the international law influence on the lawyers' activity in Poland and Europe seem to be current and increasingly important topics. Hitherto, these matters have been hardly highlighted and largely unexplored. Particularly Polish lawyers' international work in the European context is an unknown area.

Therefore, the best way to look at the changes in the international legal services market is to utilise the knowledge and experience of lawyers working in the international community on a daily basis. Research based on interviews with representatives of bar associations and on surveys of a representative group of all Polish advocates and legal advisers seems to be the most effective research method. The supplementation of these methods with the analysis of legal acts and non-reactive materials is the most appropriate path to follow of this research. A broad triangulation of methods is rarely used nowadays, but it is the only one that allows a comprehensive look at the problem.

The pilot study reveals that Polish lawyers do not actually work internationally, nor work abroad, nor cooperate with foreign clients, nor use international legal instruments in courts. Legal market globalisation largely eludes them. Major reasons are: inadequate competences, unsuitable education, high volume of local cases, high local professional position and no economic and social needs.

The Youth abandon globalisation (of legal services). Part one - the decline of global competence [Młodzież rezygnuje z globalizacji (usług prawniczych). Część pierwsza - utrata kompetencji ogólnych]

Nauki Społeczne i Humanistyczne Varia, 2023

Herbert Marshall McLuhan stated that globalisation is a permanent process that has been happening... more Herbert Marshall McLuhan stated that globalisation is a permanent process that has been happening for decades or even centuries. Nowadays, we can observe that globalisation is not a permanent process, experiencing cri-ses and regressions. Various elements of globalisation also affect the provision of professional services, including legal services and professional groups such as lawyers. An indicator of lawyers' globalisation is the degree of key or global competences available in their profession. As they increase, globalisation processes affect jurists and legal services more strongly, while as they decrease, deglobalisation processes are noted, a regression of globalisation. The survey of Polish law students and trainee legal advisers and advocates reveals that Polish lawyers are rejecting globalisation trends, withdrawing from international affairs, and returning to their hometowns. Young lawyers do not acquiring new global competences and are questioning their relevance. Insufficient knowledge of foreign languages, no international experience, mediocre knowledge of international and EU law, lost openness to the world, and absence of soft competences result in the disappearance of international work opportunities , cross-border cooperation, or legal services for foreigners. The declared openness of lawyers to the world a few years ago is transforming into a return to localism. Today's junior lawyers will be adult advocates and legal advisers in a few years. Consequently, professional adults will no longer effectively provide global services. The research was conducted among 683 law students from 9 Polish universities and representatives of the councils of bar associations of advocates and legal advisers. An auditory questionnaire method and a semi-structured interview (SSI) were used.

Afterimages of the 20th century’s first half: Polish lawyers confronting the shadows of history [Powidoki pierwszej połowy XX wieku: doświadczenia polskich prawników z dawnymi sprawami]

Czasopismo Prawno-Historyczne, 2023

20th century have influenced the shape of contemporary legal practice. Utilizing qualitative, in-... more 20th century have influenced the shape of contemporary legal practice. Utilizing qualitative, in-depth interviews, insights were gathered from experienced Polish lawyers, many of whom practiced during the era of the Polish People's Republic or during the transformative period of the 1990s. Their testimonies not only shed light on the evolution of legal practice but also highlight the complex relationship between social structures and the application of law both today and in the past. The research reveals an inseparable link between past socio-political conditions and the current Polish legal framework, ethics, and practice, emphasizing the necessity of integrating a sociological perspective in modern legal practice.

Country-of-origin Effect in Professional Services: An Empirical Study Based on Legal Services [Efekt Kraju Pochodzenia w Usługach Profesjonalnych: Badanie Empiryczne Usług Prawniczych]

by Stanislaw Lipiec and Marek Gnusowski

Country of origin effects on service evaluation, Dec 2023

The study delves into the Country-of-Origin (COO) effect in the professional legal services secto... more The study delves into the Country-of-Origin (COO) effect in the professional legal services sector. The introduction sets the stage by highlighting the significance of COO in the global market, particularly in service industries like legal services where personal interactions and cultural perceptions play a crucial role. The research methodology is comprehensive, employing a mixed-methods approach. Quantitative data was collected through surveys targeting European lawyers with Polish affiliations, ensuring a diverse range of perspectives. Qualitative insights were garnered through in-depth interviews, offering a nuanced understanding of how COO perceptions manifest in the professional setting. Significant findings emerged from this study. It was observed that lawyers’ birthplaces, educational backgrounds, and cultural affiliations significantly influence client perceptions and choices. These COO factors not only impact the initial selection of legal representatives but also affect ongoing client-lawyer relationships and the overall cooperation success. An interesting point noted in the study is the varying degrees of COO effect based on the legal service type. For instance, in more standardized legal tasks, COO seemed less influential compared to services requiring higher levels of personal interaction and cultural understanding. The conclusions drawn are thought-provoking. The study underscores the need for legal firms to acknowledge and strategically utilise the COO effect in their marketing and client relationship management. It suggests that a deeper understanding of COO can enhance intercultural client-lawyer interactions, leading to more effective and satisfactory legal services. Overall, this article contributes significantly to the limited literature on COO effects in professional services, particularly legal services, offering practical insights for both academic and professional audiences in the field of international marketing and intercultural business communication.

Bittersweet Brew: The Socio-Legal Dynamics of Labour in Poland's Culinary Scene [Słodko-Gorzkie Piwo: Socjologiczno-Prawna Dynamika Pracy w Polskiej Branży Gastronomicznej]

Labour&Law Issues, Dec 1, 2023

The hotel, restaurant, café, and catering (HoReCa) sector has witnessed remarkable growth, partic... more The hotel, restaurant, café, and catering (HoReCa) sector has witnessed remarkable growth, particularly in Europe. However, this growth is accompanied by operational disparities in adhering to Occupational Safety and Health (OSH) regulations within the Polish catering industry. Rooted in the sociological paradigm of law and legal realism, this research delves into the divergence between Polish, European Union, and international labour laws, and the practical sociological dynamics within Polish catering establishments. Employing qualitative methods such as interviews, observations, and content analysis, our study identifies pressing challenges in OSH and labour regulations adherence. We aim to elucidate the ramifications for service quality and advocate for legislative enhancements. Our findings underscore that economic considerations often dictate the selective enforcement of standards, leading to legal violations, customer dissatisfaction, and workplace predicaments. This study also reveals the complicity of employees in these situations and the complexity of regulatory overload. It underscores the urgency of comprehensive legislation tailored to the specific needs of the Polish HoReCa sector, encompassing labour law, EU regulations, and international labour law. Furthermore, education, training, strengthened supervision, and employee involvement are deemed essential to foster compliance and create a safer, more customer-friendly environment.

The Legal Services Market for Ukrainians in the European Union: The Example of Poland

Eastern European Journal of Transnational Relations

In Poland and Germany have already lived about 3 million Ukrainians. Polish and German lawyers no... more In Poland and Germany have already lived about 3 million Ukrainians. Polish and German lawyers note that such a large number of immigrants may constitute a substantial market for their legal services. Therefore, they more and more often provide specific legal services to Ukrainians. The basic characteristics of the market of legal services provided to Ukrainians in Poland and the explanation of the functioning mechanisms of the Ukrainian legal services market in Poland and the EU are important elements of the study. During the study, we check the research hypothesis: immigrants from Ukraine to the European Union have co-created a new EU market for legal services. The study was conducted using the method of structured interview among Polish advocates and legal advisers and using the method of content analysis and statistical analysis. The survey results show that in Poland and in Germany there is the Ukrainian legal services market. Polish and German lawyers do not specialize in Ukra...

The attitude of Polish lawyers towards the European Union and European Union lawcauses and effects

Wschodnie Forum Nauki, Jun 1, 2021

We regularly witness the increasing participation of the European Union in our daily lives. The p... more We regularly witness the increasing participation of the European Union in our daily lives. The presence of the EU is strongly felt in the media space, but also through the effect of EU law. Lawyers are a special group of people who are particularly familiar with and apply European law. Their attitudes towards EU law and EU activities also influence the general public's attitudes. The study reveals the state of knowledge of Polish advocates and legal advisers on EU law, their ways of applying it in practice, their forms of dissemination and their attitudes towards the European Union.

The results of the survey indicate that Polish lawyers do not know the rules of application of EU law, are not interested in the work of EU institutions, and are not enthusiastic about the Union. Consequently, they are reluctant toward the EU, do not want to apply EU law, and do not disseminate EU activities among other social strata. Only a very small group of legal professionals is Euro-enthusiastic. This attitude of lawyers has an impact on the lack of knowledge, experience, and attitudes of Poles towards the EU activities, which is often observed in the media space.

Research has been carried out through structured interviews (SSI) among representatives of bar associations in all parts of Poland. It was supplemented with research based on content analysis of non-reactive materials. The entire study was based on the principles of grounded theory.

The impact of the People’s Republic of Poland and events at the end of the 20th century on professional activity of contemporary jurists

The second half of the 20th century in Poland was full of momentous events. The consequences of m... more The second half of the 20th century in Poland was full of momentous events. The consequences of many of them had their repercussions on the ground of application of law. The aftermath of World War II, the Stalinist period, the events of March 1968, people fleeing abroad, new socialist laws and systemic education, the functioning of the socialist economy, or the systemic changes of the 1990s are only the most significant events, the legal consequences of which are still felt today. Most of these events are still discussed in the media and political space at the beginning of the third decade of the 21st century. Current lawyers are also sometimes involved in resolving these long-standing issues both with their clients and in the public space. The study demonstrates that due to the passage of time, legal and cultural changes, the events of the past are less and less frequent among Polish jurists. Media and political reports are created artificially without support in the actual work of the Polish judiciary and lawyers. Polish legal professionals emphasise that old cases from the 20th century are increasingly rare in their professional practice, while media reports are exaggerated. The research was based on interviews with representatives of Polish bar associations of advocates and legal advisers across the country. It was conducted using semi-structured interviews and content analysis. The research belongs to the paradigm of sociology of law and oral history.

Prawnicy – międzynarodowa praktyka. Materiały dodatkowe [Lawyers - international experience. Supplementary Materials]

The legal services market in Poland and throughout the European Union is changing rapidly in the ... more The legal services market in Poland and throughout the European Union is changing rapidly in the 21st century. Cross-border and international legal services, cooperation with foreign lawyers and collaboration with foreign clients are now increasingly common. Simultaneously, the conditions for lawyers to work internationally, the goals of legal services and the methods and forms of legal work are changing. Finally, lawyers evolve and become more and more international. The study indicates that Polish lawyers are very reluctant to integrate into the European legal services market: they rarely work with foreign clients, do not establish relationships with foreign lawyers, do not work in other European countries and are distanced from the global development of legal services. Furthermore, the international legal services market rarely finds in Poland clients and associate lawyers. Polish lawyers and the entire domestic legal services market appear to be strongly isolated from the increasingly internationalised European legal services market. However, a small number of Polish lawyers practising abroad or with foreign nationals are reluctant to establish business links in the country. Reasons for this are mainly: defective education of lawyers in the international field, absence of internships abroad, ossification of structures of national bar associations, no international networking, poor integration of the Polish services market with the market of other European Union countries and cultural lack of need for transnational legal services. The research was conducted between 2017 and 2021 by semi-structured interviews (SSI) among representatives of the boards of Polish regional bar associations as well as by questionnaire surveys performed on a representative sample of Polish advocates and legal advisers. The study is supported by a content analysis of Polish lawyers&#39; websites and desk research. The study is part of the canon of sociology of law. Based on the research outcomes, changes and reforms are proposed in Polish legislation, corporate law, education, and in day-to-day legal practice.

The Legal Services Market for Ukrainians in the European Union: The Example of Poland [Rynek usług prawniczych dla Ukraińców w Unii Europejskiej: przykład Polski]

Eastern European Journal of Transnational Relations, Feb 20, 2022

In Poland and Germany have already lived about 3 million Ukrainians. Polish and German lawyers no... more In Poland and Germany have already lived about 3 million Ukrainians. Polish and German lawyers note that such a large number of immigrants may constitute a substantial market for their legal services. Therefore, they more and more often provide specific legal services to Ukrainians.

The basic characteristics of the market of legal services provided to Ukrainians in Poland and the explanation of the functioning mechanisms of the Ukrainian legal services market in Poland and the EU are important elements of the study. During the study, we check the research hypothesis: immigrants from Ukraine to the European Union have co-created a new EU market for legal services.

The study was conducted using the method of structured interview among Polish advocates and legal advisers and using the method of content analysis and statistical analysis. The survey results show that in Poland and in Germany there is the Ukrainian legal services market.

Polish and German lawyers do not specialize in Ukrainian matters. Special legal services close to Ukrainians are not being developed. However, there is an increased volume of Ukrainian clients in Poland and minor modifications in the manner, number and method of providing services by lawyers. The first experiences of lawyers from cooperation with Ukrainians show that within 10 years, legal services for Ukrainians in Poland and Germany will become one of the most lucrative advocate specializations.

Raport z badania radców prawnych oraz ich klientów w związku z planowanymi zmianami uregulowań korporacyjnych i przepisami ustawy o zasadach uznawania kwalifikacji zawodowych nabytych w państwach członkowskich Unii Europejskiej [Report on the corporate regulations of the proportionality test]

The report is a summary of research and analysis to support the discussion on the reasons for ame... more The report is a summary of research and analysis to support the discussion on the reasons for amendments to the provisions of the Code of Ethics for Legal Advisers (KERP) on three scopes: information about the practice of the profession and solicitation of clients for legal services; allowing for disclosure of professional secrets in cases against legal advisers between legal advisers and clients; allowing cooperation with third parties in alternative business structures, companies with digital services and combining legal aid with non-legal activities; in light of the provisions of the Act on the Principles of Recognition of Professional Qualifications Acquired in the Member States of the European Union, the Services Directive and the sectoral legal directives on the permanent and temporary provision of cross-border legal services, in particular with regard to proportionality, subsidiarity and the legitimate nature of the regulation. The report is based on quantitative research prepared and conducted in June 2022 by a research team led by Marek Gnusowski in cooperation with and commissioned by the National Chamber of Legal Advisers.

Polish-Ukrainian Legal Services: A Sociological and Legal Study [Polsko-ukraińskie usługi prawnicze: Studium socjologiczno-prawne]

Access to Justice in Eastern Europe, Nov 30, 2021

The rapid development of contemporary Polish-Ukrainian relations and the emigration of Ukrainians... more The rapid development of contemporary Polish-Ukrainian relations and the emigration of Ukrainians to Poland and EU countries require more and more lawyers to provide cross-border legal services. However, the emerging barriers between the countries effectively limit the possibilities for cooperation. It is particularly important to determine the extent of involvement of Polish lawyers in Ukraine and Ukrainians in Poland and to explain the reasons for their lack of involvement. It is also important to determine the consequences of the observed problem and the development strategy for the future.

The present research is part of a larger study on the internationalisation of the Polish justice system and the provision of cross-border legal services. Methodologically, the study has been performed through structured interviews among representatives of Polish lawyers and questionnaires among all Polish lawyers. It was supplemented by non-reactive methods: an analysis of statistical data, an anthropomastic analysis, a content analysis of websites, and a functional analysis of legal acts.

The results of the study show that Polish lawyers do not practice in Ukraine at all, and no more than 20 Ukrainian jurists work in Poland. The reasons are the border barriers and the lack of demand for mutual legal services, as well as cultural differences. The low level of involvement of the Polish and Ukrainian Bar Associations also contributes to the low level of provision of cross-border legal services. Nevertheless, Ukrainian immigrants to Poland are increasingly becoming Polish lawyers. Currently, the involvement of Ukrainian lawyers in the Polish legal services market is slowly increasing. This confused situation will likely change later this decade.

The Procedures of Civil Law in International Relations in the Practice of Polish Courts [Stosowanie procedur prawa cywilnego w stosunkach międzynarodowych w praktyce polskich sądów]

Społeczność Międzynarodowa w Obliczu Przemian: Ujęcie Wieloaspektowe, 2021

Poland's progressive integration with the European Union has led to the extensive application of ... more Poland's progressive integration with the European Union has led to the extensive application of EU law within the Polish judiciary. This also applies to other acts of international law. The changes are clearly observed in civil procedure, where new instruments of EU and international law are increasingly applied. At present, in the Polish legal order we can observe 31 civil procedures created under the influence of international law, mainly of the European Union. The aim of their existence is to facilitate foreign turnover, including the creation of civil law effects in international relations. However, the scope of application of the new legal solutions in courts varies greatly. The effects of their application do not always correspond with the assumptions, and the practice of judges and other court employees differs from the normative reality.

The main objective of the research was to discover and diagnose the practical application of civil procedure instruments introduced by international, mainly EU, law. Moreover, the essence of the research was to show the judicial practice of applying instruments of supranational civil law. Another important element of the considerations was to trace the scope of application of these procedures, the inclination of Polish courts to use them and the effects of the use of these procedures.

The study was carried out on the basis of several research methods, of which the method of analysing the content of statistical materials led the way. The annual reports for 2020 of all district courts and a sample of regional courts in Poland were analysed. The analysis was conducted in terms of the intensity of application of all civil procedures introduced by international law, mainly of the European Union. This research method was complemented by the use of the functional method of examining legal acts, the method of analysing the content of the subject literature and the method of structured interviews (SSI) conducted among Polish advocates and legal advisers.

The results of the study are surprising. It showed that Polish courts do not use civil procedures of international origin at all in their judicial practice. Nationwide, less than 1% of civil cases contain a foreign element. Most of the theoretically existing instruments in civil procedure are not known and used in courts. Flawed judicial technical tools also prevent full insight into the scope of application of international procedures. This state of affairs is influenced by macro and micro factors, only the latter of which is easy to eliminate.

Problemy postępowania z zakresu przyznawania świadczeń emerytalnych. Studium przypadku i propozycja zmian [Procedural Problems with Pension Provision. A Case Study and a Proposed Amendment]

Prawo pracy w systemie prawa. Prawo pracy a prawo ubezpieczeń społecznych, May 5, 2018

The administrative procedure for applying for old-age benefit at ZUS is not clear. It is noted th... more The administrative procedure for applying for old-age benefit at ZUS is not clear. It is noted that the Company applies double standards for its clients - one resulting from the Act on pensions from the Social Insurance Fund and its executive acts and the second completely unclear, resulting from the internal opinions, orders and decisions of the Department. Such two-faced proceedings lead to long-lasting disputes between the claimants and the Social Insurance Institution regarding the amount of the pension and its components. Usually, cases of this type go to the separate court proceedings in the labour and social insurance departments of district courts as appeals against ZUS decisions.

Court proceedings are a completely unusual procedure. The court acquires evidence, evaluates and judges it in a completely different way than in "standard" civil law proceedings. Particularly noteworthy is the part of this procedure regarding the calculation of initial capital. This part of the proceedings is particularly difficult as the parties and the court are obliged to collect and properly assess the evidence indicating the periods and scope of work appealing against the decision of the Social Security Office. Usually, however, this evidence, including the testimonies of witnesses, is age-old and even up to 50 years old. Therefore, the assessment of such evidence carries with it a corresponding difficulty.

This study was based on the files of the proceedings regarding the establishment of initial capital and the amount of old-age pension from the Social Insurance Fund. The full path from the preparation of the pension application, the administrative proceedings in the Social Insurance Institution, the court appeal proceedings in the first instance, the appellate proceedings and the prospects for the proceedings before the Supreme Court and the ECtHR are shown here. There are ways to get, present and evaluate evidence. The administrative and judicial path is embedded in the context of previous case law, opinion of the doctrine and international legal acts. Particular attention is paid to the assessment of contribution and non-contributory periods when applying for determination of initial capital. It is noted that when assessing evidence from decades ago, there are far-reaching doubts as to the credibility of proving periods of employment.

The paper has the task of showing the gaps in the administrative and appeal proceedings as well as an indication of how to proceed in the situation of applying for a retirement with an unclear situation.

Problemy polskich organizacji pozarządowych w opinii Ich działaczy. Część druga – badania terenowe [The Problems of Polish Non-Governmental Organisations as Perceived Their Practitioners. Part Two - Field Research]

Organizacje pozarządowe na rzecz społeczeństwa obywatelskiego, 2018

Over 120,000 non-governmental organizations exist in Poland. Unfortunately, the third sector does... more Over 120,000 non-governmental organizations exist in Poland. Unfortunately, the third sector does not play a significant role in public policy, economy, culture and society. there are many causes, but one of the most important issues is the social workers’ problems. They are related both to external issues (low salaries, low prestige of the profession, fragmentation of the profession, lack of legal facilitation) as well as internal (low motivation of personnel, equity, conflict, professional burnout). So far these problems have rarely been studied. However, the main role in this diagnosis lead research of the Klon/Jawor, which, though little show in the NGO staff matters.

The author wonders about the issues of the human resources of NGOs in Poland. He tries to identify, characterize and classify, then present the possibilities for solving the problems. His research is based on criticism of the Klon/Jawor analysis and own research. He puts the general hypothesis: The various problems of NGOs negatively influence the development of the non-governmental sector in Poland.

Own search is conducted on the example of four NGOs active in 2009–2014 in Cracow with over 400 people involved. The research takes the form of a case study and is conducted in two ways: participant observation and observation, and in the field research conducted through questionnaire and questionnaire interviews among the collaborators of these 4 Cracow civic organizations.

The results of these first studies have already been published. The results of field research are the basis for current analyses, which both provide new information as well as provide a verification method for earlier observational studies and Klon/Jawor analyses.

Problemy kadr organizacji pozarządowych – studium przypadku. Część pierwsza – obserwacja [Human Resource Problems of Non-Governmental Organisations - A Case Study. Part One - Observation]

Ekonomia społeczna - między rynkiem, państwem a obywatelem, 2018

Every year in Poland there are more and more active non-governmental organisations. With the incr... more Every year in Poland there are more and more active non-governmental organisations. With the increase in their number, the complexity and amount of problems related to their staff increases. Problems related to the recruitment of volunteers, binding them to the organisation, providing benefits and incurring costs, or the sphere of motivating employees and volunteers of Polish NGOs are becoming more and more important.

On the basis of observation of 3 non-governmental organisations in Krakow, we attempt to diagnose basic problems connected with staff of Polish civic organisations, outline their causes and effects as well as ways of developing the staff of Polish foundations and associations.

The survey was conducted using the method of observation and participatory observation. It constitutes a pilot study for further research.

The Recognition of Professional Qualifi cations in the European Union The Practice of Administration and European Courts -The Ski Instructor Example

by Studia Europejskie and Stanislaw Lipiec

Studia Europejskie - Studies in European Affairs, 2021

The case of the English ski instructor Simon Butler working in France is the best example of the ... more The case of the English ski instructor Simon Butler working in France is the best example of the malfunctioning of the professional-qualifi cationsrecognition system in Europe. The practice of European and national administration as well as the jurisprudence of the CJEU and French courts shows how important and complex the subject of qualifi cation recognition is. A review of administrative practices and an analysis of case law show the positive and negative sides of the EU's qualifi cation recognition system. The European Commission is carrying out numerous activities aimed at improving said system. The latest solutions make the idea of qualifi cation without borders a reality. The most important task is to examine the changes and legislative proposals of the European Union, analyse the case of Simon Butler and present proposals for changes against the background of activities undertaken throughout the Union. They should be realised through legal research methods and non-reactive social methods.

The impact of globalization on the Polish judiciary: the practice of Polish law

In the 21st century, the judiciary throughout Europe is subject to intensified globalization proc... more In the 21st century, the judiciary throughout Europe is subject to intensified globalization processes. Research shows that the impact of globalization phenomena on Polish courts is very small, and the globalization awareness of judges and court employees is very modest. International law, European Union law and other globalization factors do not make the Polish judiciary open to the world and connected with other countries.

The conducted research concerns the internationalization of the Polish justice system. The point of view of Polish advocates and legal advisers who regularly participate in the work of courts has been taken. The research was carried out through sociological research carried out using the method of structured interviews (SSI) conducted with Polish lawyers. The main research method was supplemented by such research methods as statistical analysis, website content analysis, literature analysis and the study of legal acts (functional method).

The presented study solves the above hypotheses and shows and explains a set of problems related to the internationalization of Polish judiciary. The research was conducted in Poland, but its scope is at least European. Its results are an excellent example for the courts of the European Union countries. This is the first empirical study of the Polish judiciary and the first study of the internationalization of the Polish judiciary. Based on the results, Polish lawyers, courts and public authorities can make legislative and practical changes to improve the overall international involvement of the Polish judiciary.

The situation of foreigners in the Polish penitentiary system: a case study

Every year more and more foreigners enter the Polish penitentiary system. Unfortunately, Polish l... more Every year more and more foreigners enter the Polish penitentiary system. Unfortunately, Polish law and prison practice have not kept pace with the growing number of foreign nationals. European Prison Rules and other recommendations of the Council of Europe are not implemented in the Polish legal system and the practice of their application is not exemplary.

The results of the legal and sociological research based on the case study of a Georgian inmate on remand reveal many deficiencies in the treatment of foreigners by the penitentiary system. Moreover, the comparison of the empirical state with the Polish legal state and the postulates of the Council of Europe demonstrates far-reaching discrepancies between the legal theory and the practice of the work with foreigners in places of detention.

International court actions in practise, problems of the Polish judiciary - preprint

Cases with international elements appear more and more frequently in the daily practice of Polish... more Cases with international elements appear more and more frequently in the daily practice of Polish courts. They are related to the performance of the judging function (issuing judgments) and auxiliary activities (supporting the trial process, e.g. delivering correspondence, taking evidence abroad). Increasingly important in the judiciary is the correct and active application of European Union law, other international law and national law linked to foreign affairs. Polish courts and their staff are unable to handle international elements. Court employees are incompetent in the field of international services, avoid applying the rules of international law, and incorrectly perform international auxiliary activities. The problem is deficits in education, human and technical resources and the lack of connection with the outside world. Year by year, the Polish justice system alienates more and more from effective participation in international court cases. In the years 2016 to 2019, sociological and legal research was carried out among Polish lawyers, representatives of regional bar councils. As part of the interviews conducted using the method of in-depth structured interviews (SSI), a diagnosis, evaluation and explanation of the functioning of Polish court and non-judicial lawyers in the era of internationalization of the Polish justice system was made. The present article is an attempt to evaluate the international activity of Polish court lawyers (judges and other court employees).