Court: Legal Advisor as Curator in Administrative Dispute Entitled to 100% Fee

In a significant ruling for legal professionals in Poland, the Provincial Administrative Court (WSA) in Poznan has affirmed that legal advisors acting as curators in administrative disputes are entitled to the full 100% of the minimum statutory fee. This decision addresses a long-standing ambiguity in the Polish legal framework concerning the remuneration of curators appointed to represent absent or legally incapacitated individuals in administrative proceedings.

The case involved a legal advisor appointed by the court, at the request of the Social Insurance Institution (ZUS), to represent an insured person whose whereabouts were unknown. The dispute arose when ZUS attempted to reduce the advisor's remuneration, arguing that the case was not complex and her workload was minimal. This assessment directly contradicted the advisor's claim for compensation based on the standard minimum rates applicable to her profession.

The Poznan WSA's judgment is crucial because it clarifies that the role of a curator is not a voluntary or pro bono activity but a professional service that warrants fair compensation. The court recognized that the current administrative procedure code (k.p.a.) lacks specific provisions for determining curator fees in such cases. Consequently, the court relied on established case law and applied the principles outlined in the regulation concerning remuneration for curators in civil cases, emphasizing the entitlement to 100% of the minimum rate for legal advisors.

This ruling is particularly important for legal advisors in Poland, as it provides a clear precedent for claiming appropriate compensation for their work as court-appointed curators. It underscores the principle that legal representation, even in complex administrative contexts, must be adequately remunerated, ensuring that qualified professionals are available to undertake these vital roles. The decision reinforces the importance of legal certainty and fair practice within the Polish administrative justice system.