Professional secrecy of an attorney-at-law (and an attorney) and the use of instant messaging applications in the work of a professional lawyer

Practicing as an attorney-at-law (or an attorney) as a profession of public trust is associated with higher standards regarding professional deontological codes. The ratio legis of such a regulation is related to the fact of providing services of the highest possible quality and fulfilling the constitutional role related to the legal protection of citizens. In order to ensure the possibility of effective practice of the profession, the legislator provided for the institution of professional secrecy. It obliges not only state authorities not to interfere with the knowledge made available by individuals to their lawyers but also obliges attorneys-at-law (and attorneys) themselves to take all measures to protect this secrecy. Instant messaging is one of the most convenient forms of communication between a lawyer and a client. However, there are doubts about the confidentiality of the messages (and other data) sent. This article answers the question regarding the disciplinary liability of a professional attorney for the use of instant messaging to transmit information covered by professional secrecy. The author analyzed data transfer security on the basis of the two most popular messengers in Poland: Messenger and WhatsApp.

Attorney-at-law and the act on the protection of persons who report breaches of the law

The article presents the legal situation of an attorney-at-law against the background of the draft of the act on the protection of persons who report breaches of law with particular emphasis on the rules of professional ethics applicable to attorneys-at-law. The admissibility of an attorney-at-law as a whistleblower was settled. Amongst other issues, it was addressed whether an attorney-at-law can report on behalf of an employee (based on a power of attorney) a violation of the law committed by another attorney-at-law and whether they can also make such a report on their behalf.

Adjudication of the punitive damages in the law on petty offenses

The article presents the issues related to the institution of punitive damages operating under the Polish Code of Petty Offenses. Measures provided by the law on petty offenses, as a part of the broadly understood criminal law, should be interpreted in an analogous way in both of these codifications. However, as a result of changes to the Polish Penal Code introduced in 2015, there are clear differences between the punitive damages provided for in the Polish Code of Petty Offenses and the punitive damages adjudicated under the Polish Penal Code. In this respect, it is necessary to postulate that appropriate changes should be made by the legislator.

Contributory debt as a cause of the statute of limitations on the right to sickness insurance benefits of an entrepreneur

As of January 1, 2022, the act on monetary benefits from social security in case of sickness and maternity was amended, consisting, amongst other things, of the introduction of Article 2a, which modified the mechanism for acquiring the right to sickness insurance benefits for persons who are contributors to their own insurance. The purpose of the new regulation was to connect the acquisition of the right to benefits with the absence of a contributory debt exceeding 1% of the minimum wage, under the pain of the statute of limitations in the event of failure to settle the debt within six months from the date the right to benefits arises. The article presents the subject and object scope of the new legal regulation, discusses the concept of contributory debt, analyzes the legal nature of the statute of limitations and also points out the circumstances that may affect its course. The study makes extensive use of court case decisions regarding Article 6(2) and (3) of the act on social insurance for accidents at work and occupational diseases.

Legal aspects of “neighborhood” nuisance – Part One (administrative liability)

The study concerns the legal aspects of a nuisance to which a person may be exposed at their place of residence. The authors analyze the issue in terms of the provisions of the act of April 27, 2001 on the environmental protection law. They refer to such issues as permissible levels of noise in the environment; the decision on permissible noise levels; suspension of the use of a noise-emitting installation; ordering an individual whose activity adversely affects the environment to perform actions aimed at reducing the negative impact on the environment and its threat or restoring the environment to its proper state; halting activities that cause deterioration of the environment to a significant extent or threaten human life or health; establishing restrictions on the duration of operation of installations or use of equipment from which the emitted noise may adversely affect the environment, as well as prohibiting the use of sound installations or equipment in certain areas.

Special solutions related to the COVID-19 epidemic regarding the working time of employees of medical entities

The COVID-19 epidemic and the measures taken to combat it have revealed many imperfections in the legal system. In order to enable certain groups of key employers to operate continuously in the event of an epidemic threat and epidemic, the legislator granted them special powers in the field of working time. Medical entities play a key role in this period. The aim of the article is to analyze the rights of these employers under the provisions of the special COVID act and their relationship to special provisions regulating the working time of employees of these entities.

Overview of the decisions of the Polish Supreme Court

The Resolution of the Polish Supreme Court of November 16, 2022 (case file no. III CZP 116/22) is of particular importance for legal practice. The Court indicated that Article 13a of the act of July 28, 2005 on court costs in civil matters (consolidated text of the Journal of Laws of the Republic of Poland 2022, item 1125) applies to claims arising by consumers resulting from banking activities (Article 5 § 1 and 2 of the act of August 29, 1997 – Banking Law, consolidated text, Journal of Laws of the Republic of Poland 2022, item 2324). In the Resolution of October 20, 2022 (case file no. III CZP 96/22), the Polish Supreme Court stated that the incurring by the claimant of the costs related to the service by the bailiff after the issuance of the judgment closing the proceedings in the case justifies the award of these costs from the defendant pursuant to Article 1081 of the Polish Code of Civil Procedure.