Areas of law - adwokat Wrocław
- Recovery of claims in civil and enforcement proceedings
- Representation before authorities
- Supporting Polish entities, including exporters, in contacts and transactions with foreign entities
- Providing support with respect to investment and construction processes
- Real estate law
- Disputes within companies or groups of companies
Recovery of claims in civil and enforcement proceedings
I offer support with respect to various claims for payment (payment for goods, payment of compensation, payment of remuneration, payment of freight charges).
It often turns out that despite having won the case, it is impossible to recover the claim because the debtor has transferred their assets out. In such a situation I offer comprehensive assistance at the stage of enforcement proceedings by actively supporting court enforcement officers in searching for assets. This is required when the standard procedure, i.e. establishing what belongs to the debtor at the moment, is not sufficient. When faced with debts, many debtors get rid of their property, sign marriage settlement agreements and divide joint property, etc. Finding out such details usually requires a proactive approach on the part of the creditor, as well as the use of professional legal assistance.
Representation before authorities
I have experience in providing support to entrepreneurs and representing them before the Energy Regulatory Authority (wind farms, concessions for the marketing of fuels, disputes relating to the conditions of network connection), Office of Electronic Communications, Railway Transport Authority, Office of Competition and Consumer Protection.
Supporting Polish entities, including exporters, in contacts and transactions with foreign entities
Polish entrepreneurs frequently require support in their dealings with foreign entities. Owing to my fluent command of German and English, I am able to offer my assistance (and co-ordination of assistance, should it become necessary to hire a foreign lawyer), also outside Poland. According to Rzeczpospolita of 17 November 2014, issue 266 (9993), as many as 37% of Polish exporters face problems relating to the recovery of their claims from Germany (even though German entrepreneurs are believed to be reliable). In such cases it is necessary to establish whether the action for payment may and should be brought in Poland or in the country of your contractor’s registered office
Should it be necessary to bring the action abroad, I offer both assistance in finding a local lawyer and co-ordination of co-operation with a foreign law firm.
Providing support with respect to investment and construction processesh
I have experience in supporting investment and construction processes gained during the construction of one of the Polish sports stadiums.
Moreover, I provide services to construction and manufacturing companies, and I work on a regular basis with BudControlling Katarzyna Pokropska, a firm that offers construction support services. Owing to this co-operation we can provide a comprehensive technical, financial and legal support of construction processes. This refers both to the processes that are only now being implemented; to those that are pending, but face various problems; and event to those that have already been completed.
Such cases are of a highly specific nature that is due not only to the necessity of understanding many technical issues, but first of all to a huge pressure that the investment project should be completed on time. Small construction companies that are not always able to protect themselves against the bankruptcy or insolvency of their contractors, often fall victims to such pressure.
Real estate law
Recently, I had an honour to support the largest office space lease transaction outside Warsaw in 2014:
(see for more: http://www.cbre.pl/pl_pl/news_events/news_detail?p_id=17302, http://www.pb.pl/3846010,59358,hp-gbc-wynajela-od-skanska-16-4-tys.-m2-biur-w-dominikanskim-we-wroclawiu).
For many years now I have been handling office space lease transactions, both for big corporations and for smaller entrepreneurs (also in the Western Europe and in Asia). I also handle cases relating to tenants’ claims against shopping mall owners stemming from the improper management or commercialisation thereof.
Moreover, I offer support in respect of:
- Purchase of real estate by foreigners – my support in that respect is comprehensive and may include a due diligence process,,
- Other civil or business law contracts and agreements, for example:
- software implementation agreements (e.g. ERP system for a large group of companies),
- equipment purchase agreements (e.g. production lines, machinery, etc.),
- agreements relating to co-operation with other entities, e.g. purchase, delivery, co-operation, production, agency, no competition or sponsorship agreements; I also have experience relating to agreements with the so-called large retail chains (as to which there is a whole number of requirements that must be fulfilled under the law on combating unfair competition),
Disputes within companies or groups of companies
I also offer support in numerous disputes between shareholders or in disputes within groups of companies (including also international disputes in that respect). Examples of situations that require legal support include shareholders’ objection to the plan of withdrawal from the company; disputes over the winding up of the company; attempts at taking control of the company by convening a shareholders’ meeting. Each such case is unique and requires evaluation also in terms of criminal law and accounting principles.
Representing parent companies with respect to their subsidiaries
Support in that respect is needed especially in international transactions and must not necessarily be related to any disputes or conflicts within the group. I offer assistance in forming or winding up parent companies, defining rules for hiring board members, undertaking control actions with respect to governing bodies of subsidiaries, or holding shareholders’ meetings.
Real estate development projects
I offer support in respect of development projects, including the provision of services to developers, or review of developer agreements for prospective buyers of apartments or houses. In my professional practice, I have frequently encountered situations where it was necessary to negotiate and considerably amend the draft agreement proposed by the developer. It is worthwhile to commission an attorney to review such an agreement, as it entails an enormous financial commitment, and the protection of buyer’s interests in that case is a complicated issue.
Legal support in obtaining EU funds (subsidies)
I offer legal support with respect to handling payments from EU funds, including drafting and providing opinions on agreements based on EU requirements, or, if necessary, support in the area of criminal law in all cases relating to subsidies.
Road and rail transport
I have experience with respect to road transport, including international transport (providing opinions on contracts and agreements, handling disputes regarding payment of freight charges). I also offer services relating to rail transport, including EU and Polish requirements regarding authorisation of railway vehicles in Poland.
Disputes with the Social Insurance Institution
My team offers assistance with respect to some disputes with the Social Insurance Institution, such as:
- disputes relating to the bases of social insurance obligation (e.g. in a situation where the Social Insurance Institution questions a contract of employment as the basis for social insurance coverage),
- disputes relating to board members’ liability for the payment of social insurance contributions.
Criminal business law
Given the area of my specialisation (business law), I also handle criminal business law cases, including:
- actions for fraud or failure to file bankruptcy petition on time against executives of businesses,
- actions for misadministration or mismanagement,
- actions for concealing assets from court enforcement officers,
Such cases require not only expertise in criminal law, but also knowledge of business law and accounting principles.
Press law and protection of personal rights
I have experience handling cases against the media and journalists, both at trial and pre-trial stages. In the event of violation of personal rights by the media, or provision of false information by the media, a quick and adequate response (on the ground of press law, personal rights protection law or criminal law), and the right combination of legal and other actions (e.g. on the ground of public relations), are vital.