What are the names of lawyers' clients?

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Piotr Kłodziński|
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Many people use the help of lawyers, we often accompany you in the most important moments in your life. When you want to assert your rights in court, you defend yourself against accusations and allegations or you perform important civil law activities (e.g. purchase of a house, apartment or plot). People trust lawyers, often rightly believing in the help of those who are educated and experienced in the field legal services people are able to handle the case much faster and more effectively, e.g. preparation and negotiation of a real estate lease agreement or judicial (civil, family, and sometimes criminal) and worry much less about difficult-to-understand formalities. 

Many people are not aware of what a court hearing looks like, what documents should be submitted and on what dates, and how they are prepared. In such a situation, lawyers with professional qualifications, i.e. attorneys or legal advisors, come to their aid. 

However, there are many different lawyers working in different areas of law. In a civil or criminal case, or when we want to ask for a contract to be drawn up, we will go to a legal advisor or lawyer. Among lawyers, we distinguish primarily: legal advisors, lawyers, notaries, judges, prosecutors, bailiffs, and legislators.

However, not everyone knows what the parties to the relationship between a lawyer and a client are called. The statement that it is a client and a lawyer is absolutely correct nowadays, but there are also other, slightly more interesting and sometimes more adequate terms - we will present them at the end of the article.

Power of attorney

Legal Counsel Can a lawyer perform legal acts on behalf of his clients on the basis of a power of attorney agreement regulated in the Civil Code - representation? Pursuant to Art. 95 of the Civil Code, a person may perform legal acts through a representative, which has direct consequences for him - as if he had done it himself. The client in this situation will be principal for a lawyer (this is indicated by the Civil Code, calling it this way in many articles, including Article 101). The lawyer will be there representative, which results from Art. 96 of the Civil Code, because there are two forms of representation: statutory representation and power of attorney.

Statutory representation, as the name suggests, results from the act (e.g. the parents of a 7-year-old child), and the power of attorney from the representation of the represented person. Power of attorney is divided into three categories: General - authorization to conduct ordinary management activities. This is quite a problematic issue, because no code explains what these "ordinary management activities" are. In each case, it must be examined whether the action will go beyond their canon. It will mainly concern "everyday activities". Under pain of invalidity, it must be made in writing (Article 99 §2 of the Civil Code). 

General – authorization to conduct ordinary management activities. In each case, it must be examined whether the action performed on behalf of the principal is actually an ordinary action or whether it will go beyond their canon. It will mainly concern "everyday activities". Under pain of nullity, it must be made in writing (Article 99 §2 of the Civil Code). 

Generic – authorization to perform certain types of activities that go beyond ordinary management.

Special – authorization to perform specific activities that go beyond ordinary management. This is a one-off and clearly defined legal act. If the power of attorney contains the authorization to perform an action for which the Code requires a specific form, the power of attorney must also be included in this form (Article 99 §1 of the Civil Code).

Example of a General Power of Attorney: Jaszpol sp. z o. o. granted the legal advisor a general power of attorney. Based on this authorization, the attorney's office may engage in ordinary management activities, such as sending letters to clients requesting payment of invoices and reporting cases to court, or negotiating contracts on behalf of the Company.

If Jaszpol sp. z o. o. wanted to sell its real estate, it would have to grant a legal advisor a special power of attorney in the form of a notarial deed, because a general power of attorney is not sufficient here - the sale of real estate is not an ordinary management activity. However, the company could, pursuant to Art. 103 of the Civil Code to approve such an action.

Example: Adam S. would like to sell his property in Poland, located in Warsaw, because he has been living and working in the United States for many years and he no longer needs this property. He also knows that in order to sell it, it must be in the form of a notarial deed. During his two-week trip to Poland to visit his family, he made an appointment with a lawyer and gave him a special power of attorney to sell the property on his behalf. They had to execute this power of attorney in the form of a notarial deed prepared by a notary due to the requirement for this form for the sale of real estate.

Example: Patrycja K. demanded a divorce from her husband. She went to a legal advisor with this matter and gave him a written power of attorney so that he could handle individual activities related to the divorce. Divorce-related activities include a number of different legal activities that a lawyer can perform on her behalf (a specific type of activity).

Of course, a power of attorney can be revoked, unless the principal waives this right for reasons specified in the legal relationship. The power of attorney also ceases to be valid upon the death of the principal or representative (Article 101 of the Civil Code). It is also possible for the proxy to appoint substitute proxies for the principal, i.e. another authorized person, but only if this is clearly indicated (Article 106 of the Civil Code). Therefore, instead of a proxy, a trainee legal advisor or barrister whose patron is the proxy may appear in court, and this will still be legal. The principal may also appoint several proxies for the same activities, unless the agency agreement provides otherwise (Article 107 of the Civil Code).

Mandant – mandate holder

The words "mandant" and "mandatariusz" come from Latin, from the word "mandare", which means "to entrust", "to charge" or "to recommend". This word was used in ancient Rome.  "Mandate" (Latin: mandate, mandate) was entrusted to the mandate holder and thus he informally obliged himself to perform tasks for the mandate holder or a third party free of charge, while maintaining due diligence. 

The law in the countries of the European continent draws heavily on Roman law and therefore will be the principal in today's times client, and the representative trustee. The mandate holder undertakes to perform specific tasks in the name and on behalf of the mandate holder, and the mandate holder undertakes to pay the agreed fee. 

In ancient Rome, the word "client" meant a poor citizen who was hereditary dependent on his patron (patrician). Hence the hierarchical relationship between them, the client was a completely different person from the client at that time - there was no hierarchy between the client and the mandate holder. These are terms that best demonstrate the relationship between the lawyer and the principal, defining their partnership and the equality of the parties.

Nowadays, however, the principal can of course be named customer, it is a very common term, even in English it is called "client". The PWN Polish language dictionary provides the definition of "client": "a person (...) using the services of a bank, lawyer, etc. (...)". This confirms this possibility even more. 

In other words, the principal is the principal - Client, and the mandate holder is an attorney-at-law (legal advisor, lawyer). 

In civil proceedings

In the civil divisions of common courts, there are usually only two parties involved in civil proceedings, even though several people may appear there:

1. Reason – a person who files a lawsuit in court. It is his duty to prove evidence in his favor and confirming the validity of the claim;

2. Defendant – the person against whom the lawsuit has been brought. There is no obligation to actively participate in the proceedings (he does not have to present evidence in his favor); In addition to these two parties, there are also parties in civil proceedings proxies – the relationship described above (client – lawyer). Both the plaintiff and the defendant may use the services of an attorney. The lawyer will not act as a defense lawyer in these proceedings. The representative will most often be a legal advisor or a lawyer (Article 87 of the Code of Civil Procedure).

Example: Patrycja K. is the plaintiff in the divorce case from her husband because she filed the lawsuit, while her husband is the defendant. Patrycja is obliged to present all the evidence and document her case in this dispute, because she filed the lawsuit and, therefore, she cares about winning. The husband does not have to take an active part and prove that Patrycja is wrong, but this involves the verdict passed against him.

The whole thing is presided over by a judge whose task is to examine the facts and issue a ruling that will end and adjudicate the case. In addition to the above-mentioned persons, civil proceedings may also involve a prosecutor, the National Labor Inspectorate, side interveners, expert witnesses... etc.

In criminal proceedings

The prosecutor is associated with criminal proceedings. And it is no different, here it plays the biggest role, but it can also take part in proceedings, e.g. civil. But now I will only focus on the criminal proceedings. 

The prosecutor usually initiates this procedure in cases of crimes prosecuted ex officio or upon request, after the injured person submits such an application. Is public prosecutor – represents the State and its interest to ensure that the law is respected in Poland and enforced fairly towards everyone. He appears in both preparatory proceedings (unless they are conducted by the Police) and jurisdictional proceedings (unless there is a subsidiary prosecutor).

At the beginning, preparatory proceedings take place - collecting evidence and establishing facts in order to accuse the appropriate person of committing a crime. In preparatory proceedings, a person who has committed or is suspected of committing a crime may be:

  • Suspicious person – She is suspected of committing a crime but has not been charged, even though she is treated as a suspect. She is not entitled to the same rights as a suspect, they are definitely limited;
  • Suspicious – a person charged with committing a crime (Article 71 §1 of the Code of Criminal Procedure). The Act also indicates that if the term "accused" is used in a general sense, it is also used to refer to the suspect (Article 71(3) of the Code of Criminal Procedure), e.g. the principle of the presumption of innocence and the right to defense also applies to the suspect.

Court proceedings begin with the prosecutor filing an indictment with the court (Article 14 §1 of the Code of Criminal Procedure). The following parties are involved in the jurisdiction proceedings:

  • Accused – a person against whom an indictment has been brought to court (Article 71 §2 of the Code of Criminal Procedure). He is entitled to the presumption of innocence, i.e. he is considered innocent until a verdict is issued (Article 5 of the Code of Criminal Procedure). A very important aspect is his right to defense specified in Art. 6 of the Code of Criminal Procedure, which must be guaranteed to him (as discussed below - obligatory defense, ex officio defense), but the interested person does not have to use it himself;

  • Public prosecutor – the prosecutor filing the indictment (Article 45 §1 of the Code of Criminal Procedure) and other authorized entities (Article 45 §2 of the Code of Criminal Procedure). His participation is obligatory in cases of crimes prosecuted ex officio (Article 46 of the Code of Criminal Procedure);
  • Secondary auxiliary prosecutor – the injured party, who may submit a declaration of willingness to actively participate alongside the public prosecutor (Articles 53, 54 of the Code of Criminal Procedure). The injured party may also refrain from making such a declaration and will then remain only a witness;
  • Subsidiary auxiliary prosecutor – the injured party may bring an indictment to court himself instead of the public prosecutor, after a number of factors listed in Art. 55 of the Code of Criminal Procedure (among others, the prosecutor must twice refuse to initiate an investigation);
  • Private prosecutor – the injured party who independently (or, of course, with the help of an attorney) files an indictment with the court, concerning only crimes prosecuted by private prosecution, not prosecuted ex officio and not upon request (Article 59 of the Code of Criminal Procedure);
  • The injured party – a natural or legal person whose legal interest has been directly violated or threatened by a crime (Article 49 §1 of the Code of Criminal Procedure). His role here is not that of a prosecutor. The injured party does not have to take an active part in criminal proceedings as a prosecutor. His participation may be limited to submitting the application specified in Art. 46 §1 of the Penal Code to redress all or part of the damage caused or compensation for harm. The deadline for submitting this application is defined as until the end of the court proceedings (Article 49a of the Code of Criminal Procedure).

Summary

There are many different terms depending on the profession performed by a lawyer - the client of a professional representative, i.e. a legal advisor or a lawyer, will be, for example, a client or principal, just as a patient is a client of a doctor. Many professions have special terms for people using their services, but the word "client" itself has become very popular and it is not wrong to call all people using lawyers' services that way.

Another term included in Civil Code and the Code of Civil Procedure, the lawyer will be referred to as the "proxy" and the client as the "principal". Continental law, derived from Roman law, also borrowed the terms "mandate" for a client and "mandate" for a lawyer. These are less popular terms today, but they are worth knowing, if only because of history and tradition. These two pairs of terms most fully describe the relationship between a lawyer and the person using his services.

Parties in proceedings also have their own special terms - almost all of them have been described above. I hope that the article was helpful and now you will know how to determine your position if you are a client using the services of a lawyer, i.e.:

for a legal advisor, lawyer also called patrons or defenders – you will be a principal, a client, a client (and for those specializing in… lawyer rental agreements – landlord or tenant) ;

for a notary - also called a notary – you will be a party;

for the judge – you will be a witness, expert or party (i.e. plaintiff or defendant, and in criminal cases, defendant);

for the prosecutor – you will be a victim, a witness, an expert, a suspect or accused;

for the bailiff – you will be a debtor or a creditor;

for the legislator – you will be a natural person or a citizen.

If you know other names for lawyers' clients, please add them in the comments! 🙂

1/5 - (1 vote)

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Many people use the help of lawyers, we often accompany you in the most important moments in your life. When you want to assert your rights in court, you defend yourself against accusations and allegations or you perform important civil law activities (e.g. purchase of a house, apartment or plot). People trust lawyers, often rightly believing in the help of those who are educated and experienced in the field legal services people are able to handle the case much faster and more effectively, e.g. preparation and negotiation of a real estate lease agreement or judicial (civil, family, and sometimes criminal) and worry much less about difficult-to-understand formalities. 

Many people are not aware of what a court hearing looks like, what documents should be submitted and on what dates, and how they are prepared. In such a situation, lawyers with professional qualifications, i.e. attorneys or legal advisors, come to their aid. 

However, there are many different lawyers working in different areas of law. In a civil or criminal case, or when we want to ask for a contract to be drawn up, we will go to a legal advisor or lawyer. Among lawyers, we distinguish primarily: legal advisors, lawyers, notaries, judges, prosecutors, bailiffs, and legislators.

However, not everyone knows what the parties to the relationship between a lawyer and a client are called. The statement that it is a client and a lawyer is absolutely correct nowadays, but there are also other, slightly more interesting and sometimes more adequate terms - we will present them at the end of the article.

Power of attorney

Legal Counsel Can a lawyer perform legal acts on behalf of his clients on the basis of a power of attorney agreement regulated in the Civil Code - representation? Pursuant to Art. 95 of the Civil Code, a person may perform legal acts through a representative, which has direct consequences for him - as if he had done it himself. The client in this situation will be principal for a lawyer (this is indicated by the Civil Code, calling it this way in many articles, including Article 101). The lawyer will be there representative, which results from Art. 96 of the Civil Code, because there are two forms of representation: statutory representation and power of attorney.

Statutory representation, as the name suggests, results from the act (e.g. the parents of a 7-year-old child), and the power of attorney from the representation of the represented person. Power of attorney is divided into three categories: General - authorization to conduct ordinary management activities. This is quite a problematic issue, because no code explains what these "ordinary management activities" are. In each case, it must be examined whether the action will go beyond their canon. It will mainly concern "everyday activities". Under pain of invalidity, it must be made in writing (Article 99 §2 of the Civil Code). 

General – authorization to conduct ordinary management activities. In each case, it must be examined whether the action performed on behalf of the principal is actually an ordinary action or whether it will go beyond their canon. It will mainly concern "everyday activities". Under pain of nullity, it must be made in writing (Article 99 §2 of the Civil Code). 

Generic – authorization to perform certain types of activities that go beyond ordinary management.

Special – authorization to perform specific activities that go beyond ordinary management. This is a one-off and clearly defined legal act. If the power of attorney contains the authorization to perform an action for which the Code requires a specific form, the power of attorney must also be included in this form (Article 99 §1 of the Civil Code).

Example of a General Power of Attorney: Jaszpol sp. z o. o. granted the legal advisor a general power of attorney. Based on this authorization, the attorney's office may engage in ordinary management activities, such as sending letters to clients requesting payment of invoices and reporting cases to court, or negotiating contracts on behalf of the Company.

If Jaszpol sp. z o. o. wanted to sell its real estate, it would have to grant a legal advisor a special power of attorney in the form of a notarial deed, because a general power of attorney is not sufficient here - the sale of real estate is not an ordinary management activity. However, the company could, pursuant to Art. 103 of the Civil Code to approve such an action.

Example: Adam S. would like to sell his property in Poland, located in Warsaw, because he has been living and working in the United States for many years and he no longer needs this property. He also knows that in order to sell it, it must be in the form of a notarial deed. During his two-week trip to Poland to visit his family, he made an appointment with a lawyer and gave him a special power of attorney to sell the property on his behalf. They had to execute this power of attorney in the form of a notarial deed prepared by a notary due to the requirement for this form for the sale of real estate.

Example: Patrycja K. demanded a divorce from her husband. She went to a legal advisor with this matter and gave him a written power of attorney so that he could handle individual activities related to the divorce. Divorce-related activities include a number of different legal activities that a lawyer can perform on her behalf (a specific type of activity).

Of course, a power of attorney can be revoked, unless the principal waives this right for reasons specified in the legal relationship. The power of attorney also ceases to be valid upon the death of the principal or representative (Article 101 of the Civil Code). It is also possible for the proxy to appoint substitute proxies for the principal, i.e. another authorized person, but only if this is clearly indicated (Article 106 of the Civil Code). Therefore, instead of a proxy, a trainee legal advisor or barrister whose patron is the proxy may appear in court, and this will still be legal. The principal may also appoint several proxies for the same activities, unless the agency agreement provides otherwise (Article 107 of the Civil Code).

Mandant – mandate holder

The words "mandant" and "mandatariusz" come from Latin, from the word "mandare", which means "to entrust", "to charge" or "to recommend". This word was used in ancient Rome.  "Mandate" (Latin: mandate, mandate) was entrusted to the mandate holder and thus he informally obliged himself to perform tasks for the mandate holder or a third party free of charge, while maintaining due diligence. 

The law in the countries of the European continent draws heavily on Roman law and therefore will be the principal in today's times client, and the representative trustee. The mandate holder undertakes to perform specific tasks in the name and on behalf of the mandate holder, and the mandate holder undertakes to pay the agreed fee. 

In ancient Rome, the word "client" meant a poor citizen who was hereditary dependent on his patron (patrician). Hence the hierarchical relationship between them, the client was a completely different person from the client at that time - there was no hierarchy between the client and the mandate holder. These are terms that best demonstrate the relationship between the lawyer and the principal, defining their partnership and the equality of the parties.

Nowadays, however, the principal can of course be named customer, it is a very common term, even in English it is called "client". The PWN Polish language dictionary provides the definition of "client": "a person (...) using the services of a bank, lawyer, etc. (...)". This confirms this possibility even more. 

In other words, the principal is the principal - Client, and the mandate holder is an attorney-at-law (legal advisor, lawyer). 

In civil proceedings

In the civil divisions of common courts, there are usually only two parties involved in civil proceedings, even though several people may appear there:

1. Reason – a person who files a lawsuit in court. It is his duty to prove evidence in his favor and confirming the validity of the claim;

2. Defendant – the person against whom the lawsuit has been brought. There is no obligation to actively participate in the proceedings (he does not have to present evidence in his favor); In addition to these two parties, there are also parties in civil proceedings proxies – the relationship described above (client – lawyer). Both the plaintiff and the defendant may use the services of an attorney. The lawyer will not act as a defense lawyer in these proceedings. The representative will most often be a legal advisor or a lawyer (Article 87 of the Code of Civil Procedure).

Example: Patrycja K. is the plaintiff in the divorce case from her husband because she filed the lawsuit, while her husband is the defendant. Patrycja is obliged to present all the evidence and document her case in this dispute, because she filed the lawsuit and, therefore, she cares about winning. The husband does not have to take an active part and prove that Patrycja is wrong, but this involves the verdict passed against him.

The whole thing is presided over by a judge whose task is to examine the facts and issue a ruling that will end and adjudicate the case. In addition to the above-mentioned persons, civil proceedings may also involve a prosecutor, the National Labor Inspectorate, side interveners, expert witnesses... etc.

In criminal proceedings

The prosecutor is associated with criminal proceedings. And it is no different, here it plays the biggest role, but it can also take part in proceedings, e.g. civil. But now I will only focus on the criminal proceedings. 

The prosecutor usually initiates this procedure in cases of crimes prosecuted ex officio or upon request, after the injured person submits such an application. Is public prosecutor – represents the State and its interest to ensure that the law is respected in Poland and enforced fairly towards everyone. He appears in both preparatory proceedings (unless they are conducted by the Police) and jurisdictional proceedings (unless there is a subsidiary prosecutor).

At the beginning, preparatory proceedings take place - collecting evidence and establishing facts in order to accuse the appropriate person of committing a crime. In preparatory proceedings, a person who has committed or is suspected of committing a crime may be:

  • Suspicious person – She is suspected of committing a crime but has not been charged, even though she is treated as a suspect. She is not entitled to the same rights as a suspect, they are definitely limited;
  • Suspicious – a person charged with committing a crime (Article 71 §1 of the Code of Criminal Procedure). The Act also indicates that if the term "accused" is used in a general sense, it is also used to refer to the suspect (Article 71(3) of the Code of Criminal Procedure), e.g. the principle of the presumption of innocence and the right to defense also applies to the suspect.

Court proceedings begin with the prosecutor filing an indictment with the court (Article 14 §1 of the Code of Criminal Procedure). The following parties are involved in the jurisdiction proceedings:

  • Accused – a person against whom an indictment has been brought to court (Article 71 §2 of the Code of Criminal Procedure). He is entitled to the presumption of innocence, i.e. he is considered innocent until a verdict is issued (Article 5 of the Code of Criminal Procedure). A very important aspect is his right to defense specified in Art. 6 of the Code of Criminal Procedure, which must be guaranteed to him (as discussed below - obligatory defense, ex officio defense), but the interested person does not have to use it himself;

  • Public prosecutor – the prosecutor filing the indictment (Article 45 §1 of the Code of Criminal Procedure) and other authorized entities (Article 45 §2 of the Code of Criminal Procedure). His participation is obligatory in cases of crimes prosecuted ex officio (Article 46 of the Code of Criminal Procedure);
  • Secondary auxiliary prosecutor – the injured party, who may submit a declaration of willingness to actively participate alongside the public prosecutor (Articles 53, 54 of the Code of Criminal Procedure). The injured party may also refrain from making such a declaration and will then remain only a witness;
  • Subsidiary auxiliary prosecutor – the injured party may bring an indictment to court himself instead of the public prosecutor, after a number of factors listed in Art. 55 of the Code of Criminal Procedure (among others, the prosecutor must twice refuse to initiate an investigation);
  • Private prosecutor – the injured party who independently (or, of course, with the help of an attorney) files an indictment with the court, concerning only crimes prosecuted by private prosecution, not prosecuted ex officio and not upon request (Article 59 of the Code of Criminal Procedure);
  • The injured party – a natural or legal person whose legal interest has been directly violated or threatened by a crime (Article 49 §1 of the Code of Criminal Procedure). His role here is not that of a prosecutor. The injured party does not have to take an active part in criminal proceedings as a prosecutor. His participation may be limited to submitting the application specified in Art. 46 §1 of the Penal Code to redress all or part of the damage caused or compensation for harm. The deadline for submitting this application is defined as until the end of the court proceedings (Article 49a of the Code of Criminal Procedure).

Summary

There are many different terms depending on the profession performed by a lawyer - the client of a professional representative, i.e. a legal advisor or a lawyer, will be, for example, a client or principal, just as a patient is a client of a doctor. Many professions have special terms for people using their services, but the word "client" itself has become very popular and it is not wrong to call all people using lawyers' services that way.

Another term included in Civil Code and the Code of Civil Procedure, the lawyer will be referred to as the "proxy" and the client as the "principal". Continental law, derived from Roman law, also borrowed the terms "mandate" for a client and "mandate" for a lawyer. These are less popular terms today, but they are worth knowing, if only because of history and tradition. These two pairs of terms most fully describe the relationship between a lawyer and the person using his services.

Parties in proceedings also have their own special terms - almost all of them have been described above. I hope that the article was helpful and now you will know how to determine your position if you are a client using the services of a lawyer, i.e.:

for a legal advisor, lawyer also called patrons or defenders – you will be a principal, a client, a client (and for those specializing in… lawyer rental agreements – landlord or tenant) ;

for a notary - also called a notary – you will be a party;

for the judge – you will be a witness, expert or party (i.e. plaintiff or defendant, and in criminal cases, defendant);

for the prosecutor – you will be a victim, a witness, an expert, a suspect or accused;

for the bailiff – you will be a debtor or a creditor;

for the legislator – you will be a natural person or a citizen.

If you know other names for lawyers' clients, please add them in the comments! 🙂

1/5 - (1 vote)