Fine of up to 200,000 PLN for Impersonating a Legal Advisor: New Law Takes Effect

Poland has implemented new regulations significantly increasing penalties for individuals who unlawfully use the professional title of "legal advisor" or misrepresent their services as those of a legal advisor's office. The updated law, amending the Act on Legal Advisors, imposes fines ranging from 5,000 to 200,000 PLN, alongside potential restrictions on liberty.

These changes aim to bolster the protection of the professional title and associated designations, ensuring that only qualified legal advisors and authorized entities can use terms like "law firm of legal advisors." This measure is intended to prevent clients from being misled into believing they are receiving assistance from qualified legal professionals when they may not possess the necessary legal education or credentials.

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In today's times, 'legal advice' is provided by digital tools – once Google, today ChatGPT – but also by entities that present themselves to clients as law firms. Clients feel they are served by professional lawyers after an application, for example, legal advisors, but in fact, it is often people without even a legal education.

Włodzimierz Chróścik, president of the National Chamber of Legal Advisors, emphasized the critical importance of these new provisions for citizen security. He noted that previously, low fines were easily absorbed as a business risk, failing to act as a deterrent. The substantial increase in penalties is designed to provide a stronger deterrent effect.

Furthermore, the legislation extends protections to legal advisors performing their professional duties, treating them similarly to public officials in cases of assault, threats, or defamation related to their work. This ensures a higher level of accountability for actions against legal professionals while they are engaged in their duties, although it does not grant them the status of public officials.

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If the maximum penalty was 1,000 PLN, it could be factored into 'business risk.' Such a level of sanctions did not fulfill a deterrent function. Therefore, the new regulations provide for a fine of up to 200,000 PLN.