From the New Year, new regulations will come into force that will improve the everyday functioning of the justice system, informed the Ministry of Justice. Detailed changes concern, among others, the organization of the judiciary and prosecutor's office, as well as the work of representatives of legal professions.
“Today, on the eve of the New Year, four regulations on fees for certain services of attorneys and legal advisors have entered into force. The new solutions improve the functioning of the justice system because more attorneys will be interested in ex officio cases. The amendments are also a response to the demands of the legal community” – This was announced in a press release from the Ministry of Justice on Tuesday.
The regulations increase fees for the activities of elected and ex officio lawyers and legal advisors in 11 categories of cases. However, increases in attorney fees will not increase the cost of legal services. This means that citizens will not feel them. The regulation of fees will be beneficial for both lawyers and their clients, because more lawyers will be interested in ex officio cases, the ministry added.
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Improving the functioning of the justice system
The Ministry of Justice stated that the lawyer's fee is invariably agreed with the client according to market prices in the case management agreement. However, the rates specified in the regulation are important when the court determines what reimbursement of attorney's fees is due to the person who wins the case. The higher the minimum, the higher the reimbursement amount, which is closer to the actual costs incurred.
The minimum rates for elected representatives are the same as the so-called official offices, i.e. dues to an ex officio representative. Attorneys acting in ex officio cases are paid either by the State Treasury or the losing party. So in this case too, citizens are not burdened additionally financially. Increasing the so-called offices, however, meets the long-expressed demand of lawyers. They should also be adequately remunerated for cases conducted ex officio.
Additionally, work on the regulation regarding the costs of legal assistance provided by an ex officio tax advisor is nearing completion – we read in the announcement. In January 2025, the regulation is to be published in the Journal of Laws.
Headquarters of the Ministry of Justice in Warsaw PAP
Address for e-Delivery
From January 1, 2025, lawyers, legal advisors, notaries, restructuring advisors, tax advisors and patent attorneys will be obliged to have an e-Delivery address entered in the electronic address database (BAE) and activate e-boxes. They will use them to communicate with each other and send letters to offices that have already implemented e-Delivery. In the case of courts, tribunals, bailiffs, prosecutors' offices, law enforcement agencies and the Prison Service, this will be possible from October 1, 2029, the ministry announced.
e-Delivery is the electronic equivalent of a registered letter with acknowledgment of receipt. Thanks to this service, public entities, citizens and companies will be able to benefit from convenient and secure electronic deliveries. They are legally equivalent to traditional registered mail with acknowledgment of receipt. The system is being implemented in stages.
On January 1, 2025, an amendment to the regulation of the Minister of Justice on determining the seats and areas of jurisdiction of courts of appeal, district courts and district courts and the scope of cases they hear will enter into force. The new regulation will improve the organization of common courts.
Two amendments to the regulations
The Ministry informed that two amendments to the regulations of the Minister of Justice are also planned to enter into force in January 2025: the internal regulations for the operation of general organizational units of the prosecutor's office and the regulation on the manner of implementing tasks related to the cooperation of the prosecutor's office with international or supranational organizations operating on the basis of international agreements.
In addition, an amendment to the regulation on fees due to prosecutors delegated to perform duties or functions outside the country is being prepared. New regulations may be announced in the Journal of Laws in January 2025, it said Ministry of Justice.
Main photo source: PAP