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When embarking on a legal battle, one must equip themselves not only with patience but also with appropriate legal knowledge. Not everyone is proficient in this area. A small mistake can result in losing the case, which is why it is advisable to seek the assistance of a specialist. Check our article where we thoroughly describe the costs of legal representation. What they are, how to account for them, and how much a lawyer charges for court representation — all this information is available in the text!
Legal representation costs refer to the fees paid to a lawyer (attorney or legal counsel) for representing a client's interests in court. Attorney fees are typically paid by the losing party, although sometimes they may be shared between both parties. Generally, attorneys agree on fees with their clients for legal representation. The amount depends on the type of case. The rate may vary depending on whether it is an hourly rate or a fixed fee, but it is usually contingent on the level of expertise required and the amount of time dedicated to your case. Ultimately, these costs are borne by the losing party.
To prevent potential abuses, the Legislator has stipulated a maximum amount of costs that can be imposed on the losing party (known as the attorney or counsel fee). Maximum rates are therefore imposed by regulation, and attorney fees should not exceed them.
To fully understand who pays for legal representation, one must answer another question: who pays for legal services? As a rule, an attorney or legal counsel representing their client in court can set any fee for their work. It is logical that a more experienced lawyer, who has achieved considerable success in the field, may expect higher remuneration than someone just starting their professional career. This often causes discrepancies and concerns about using legal services. However, there is no need to be overly concerned about costs. Under Polish law, the party that loses the case may be required to pay not only for the court proceedings but also for the legal services of the winning party.
Thus, any client can recover the money spent on legal services if they win the court case, and the losing party is obligated to cover the costs. The maximum amount of these costs is determined by regulations published by the Minister of Justice. These regulations are updated periodically (though not mandatory) and specify the fees for using the services of attorneys and legal counsels. They always set minimum rates that the losing party must reimburse to the other party in court. It is worth noting that although the Minister of Justice specifies the minimum remuneration that can be claimed, in more complex cases, the court has the right to increase the legal representation costs up to six times. Such situations occur in complicated proceedings that require significant involvement from the court and the representatives of the parties.
The answer to this question is found in Article 98 of the Code of Civil Procedure:
“The losing party is obliged to reimburse the opponent, upon their request, the necessary costs for the purposeful pursuit of rights and defense (litigation costs).”
However, to precisely determine when attorney fees are paid, one must first grasp the exact essence of this concept. There is a difference between the fee agreed upon in the contract with the legal representative and the amount of the representative's fee awarded by the court, for example, if our claim is not upheld or the lawsuit is dismissed when we acted as the defendant. This means that there are essentially two different types of attorney fees: those awarded by the court and those agreed upon by the parties before the case begins.
If a party conducts the case personally, these costs include court fees incurred (e.g., filing fee), travel expenses to the court, and the equivalent of earnings lost due to court attendance.
If you win the case, you do not have to pay these fees. However, if you acted as the defendant and lose the court case or your claim is dismissed, you are obligated to bear these costs.
The situation differs slightly if the party is represented by another entity (e.g., an attorney). Here, too, the losing party must bear the costs of the fees of the firm representing the party, but their amount is specified in the aforementioned regulation by the Minister of Justice and cannot exceed it.
As previously mentioned, there is no predetermined limit on the fees of an attorney or lawyer who may represent a party in court proceedings. In Poland, only notaries have a set fee schedule that they must adhere to and cannot alter. Attorneys or legal counsels can set any amounts for their work, and these will depend on various factors.
It should be noted, however, that every legal professional should set their rates in accordance with professional ethics. In Poland, the Code of Ethics (for Legal Counsels, Attorneys, or Patent Attorneys) is in force, and the fees of a law firm should take into account the principles outlined therein.
The fundamental elements that determine a lawyer's remuneration (according to the Code of Professional Ethics) are:
An attorney or legal counsel should also not enter into agreements that provide for payment only in the event of a successful (from the client's perspective) case. It is possible to include a clause in the agreement for additional remuneration for the representative in the event of success, but as a rule, the law clearly states that a lawyer is entitled to remuneration for their work regardless of the final outcome and the court's decision.
Legal representation costs are determined by the Minister of Justice, and their amount depends on the specific case. These may include, among others: monetary claims, property law cases, family law cases, or labor law cases. Each of these cases is individually considered by the court, but the amount of legal representation costs is predetermined. In 2025, the amount of legal representation costs should not differ significantly from their amount in 2023, which is:
In the case of civil law cases, this rate is usually dependent on the value of the claim. Although it is not explicitly stated in the regulation, the amounts have a specified value:
However, there is a certain deviation from these rates. They may be reduced if the case ends with the issuance of a payment order in summary proceedings or order for payment proceedings (including electronic summary proceedings and European order for payment proceedings). In such situations, the aforementioned rates may be reduced to:
For subsequent legal representation costs, their amount will be strictly dependent on the specific case.
Regardless of the type of case, it is always advisable to seek the assistance of a legal representative. Our law firm provides assistance in civil law matters, criminal law, business cases, and many others. We invite you to contact us.
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