Our passion for law, comprehensive knowledge, and commitment to excellence ensure that your matters are handled with exceptional precision and dedication. We invite you to explore our areas of specialization where law becomes an art.
Paula Dobek
Lawyer
01
Business Law
Company formation and registration
Advising on the choice of business entity and subsequently registering a company allows for reducing both tax burdens and ZUS contributions. It is also an excellent way to limit the liability of partners for the company's obligations.
Tax optimization
There are many legal ways to reduce tax burdens that contribute to generating savings and increasing the profitability of the business. Tax optimization aims to minimize tax burdens and other contributions. It is achieved through the implementation of appropriate tax optimization strategies and leads to a reduction in income tax, VAT, and contributions to ZUS.
Drafting and reviewing contracts
Proper preparation of the contract will help you avoid many unpleasant situations in case one of the parties fails to fulfill their obligations. Experience has taught me that contracts are made for tough times, so it is extremely important to enter into agreements in a thoughtful and professional manner. For my clients, a contract is not just a commitment, but above all, a tool to protect their interests from costly consequences.
Service for international companies investing in Poland
We assist international companies looking to invest and expand their business in the Polish market. Our clients come from various parts of the world, including Germany, Austria, Switzerland, Dubai, Turkey, India, China, the Philippines, and New Zealand, and they lack sufficient knowledge about legal regulations, complex tax laws, and local business culture in Poland. We offer an integrated package of legal services tailored to the needs of international companies taking their first steps in the Polish market, including: choosing the appropriate business structure, tax advisory, visa process, legalization of residence and work in Poland, and ongoing legal support for business.
Legal support for startups
We are committed to the development and success of new ventures. Going beyond typical consultancy, we provide comprehensive support for your startup. Leveraging our experience, we strive to be a partner in the success of your business, delivering not only professional legal knowledge but also practical and strategic solutions. Our expertise in contract negotiations enables us to create collaborative business relationships, ensuring clarity in investment terms and cooperation.
Litigation representation
Legal representation involves not only drafting procedural documents such as lawsuits, motions, appeals, complaints, and cassation appeals, but also appearing at hearings and sessions in courts. We represent clients in both civil matters and criminal proceedings, as well as before public administration bodies.
Restructuring and bankruptcy
The goal of restructuring is to rehabilitate the company and repay its obligations from its ongoing operations, while bankruptcy leads directly to the liquidation of the company and the repayment of obligations from its assets formed after the "liquidation" of assets.
02
Legal assistance for foreigners
Residence card, temporary residence, permanent residence, and long-term EU residence
The international profile of our law firm ensures comprehensive legal assistance for foreign entities in legalizing their stay in Poland. Third-country nationals, to stay in Poland for more than 3 months, must obtain a temporary residence permit. A permanent residence permit is granted to foreigners who have family ties to Poland (Polish origin, Polish spouse, Polish Card), while a long-term EU resident permit is granted to foreigners who are in Poland for economic reasons such as work. This type of permit is issued after at least 5 years of residence in Poland and meeting other requirements, including proficiency in Polish at level B1. Both permits are issued for an indefinite period.
Polish citizenship
Polish citizenship can be acquired automatically, by the President's decision to grant citizenship, by recognition as a Polish citizen by the Voivode, or by the restoration of Polish citizenship. The President, in his decision to grant citizenship, is not bound by any conditions that the foreigner should meet. This means that the President can grant Polish citizenship to any foreigner, regardless of, for example, how long they have been staying in Poland. The President of the Republic of Poland grants or refuses to grant Polish citizenship by means of a decision that does not require justification and is not subject to appeal. The Voivode, on the other hand, recognizes the applicant as a Polish citizen if they meet the requirements specified in the law.
Company registration and establishment
We advise foreigners wishing to invest and develop businesses in Poland. Our clients come from various parts of the world, including Germany, Austria, Switzerland, Ukraine, Dubai, Turkey, India, China, the Philippines, and New Zealand, and they lack sufficientknowledge about legal regulations, complex tax laws, and the local business culture in Poland. We offer an integrated package of legal services tailored to the needs of foreigners wanting to conduct business in Poland, especially those taking their first steps in the Polish market. Our services include choosing the appropriate business structure, tax advisory, visa processes, legalization of residence and work in Poland, and ongoing legal support for business.
Relocation of foreigners to Poland, invitation for foreigners
The type of visa to Poland depends on the purpose of the visit and the documents presented. The Schengen visa type C is intended for visits for tourism, private, or business purposes. On the other hand, the National visa type D is issued for longer stays, such as for work, study, or family reunification. Our law firm provides comprehensive assistance by representing the client at the consular office, preparing the application, scheduling appointments, and verifying documents.
Consent for marriage
A foreigner intending to enter into marriage with a Polish citizen in Poland must submit certain documents specified by the regulations to the registrar of the civil registry office. In addition to providing and obtaining copies of foreign civil status documents, they are required to submit a document certifying that, according to the applicable law of their country of origin, they can enter into marriage. In a situation where the country of origin does not issue such a certificate, it is necessary to obtain from a court a waiver from the obligation to submit the document necessary for entering into marriage in Poland in accordance with the native law.
Consent to purchase real estate
The acquisition of real estate by a foreigner in Poland requires permission. This permission is issued, by administrative decision, by the Minister of the Interior and Administration, provided that no objection is raised by the Minister of National Defense. In the case of agricultural land, permission is also required from the Minister responsible for Rural Development, provided that no objection is raised by them.
Foreigner's obligation to return, deportation
Upon receiving a decision obliging the foreigner to leave, it's important to remember that the Border Guard may not always have sufficient grounds for its issuance. According to the law, the foreigner has the right to lodge an appeal within 7 days of receiving the deportation decision to the Commander-in-Chief of the Border Guard in Warsaw. Submitting the appeal within the specified period results in the suspension of the decision's execution, meaning the foreigner is not obliged to leave the territory of Poland until the appeal is considered. If the appeal is rejected by the Commander-in-Chief of the Border Guard, there is the possibility to lodge a complaint with the Voivodship Administrative Court.
Illegal stay in Poland
Regardless of the reasons for arrival, there are specific procedures and pathways that enable the legalization of a foreigner's illegal stay in Poland. These procedures often depend on the individual situation of the foreigner and the purpose for which they came to Poland.
Refugee status, international protection
Foreigners are granted international protection in the form of refugee status or subsidiary protection if they face persecution or a real risk of loss of life or health in their country of origin.
Polish Card
Contrary to its name, the Polish Card can be granted to individuals who do not possess Polish citizenship or a permanent residence permit in Poland. The condition for its issuance is demonstrating affiliation with the Polish nation and meeting statutory requirements. The Card grants its holder specific benefits and privileges, and even the right to financial benefits.
03
Private Client Services
Civil law
Providing legal services to private clients is much more than just legal advice for businesses for our law firm. Collaborating with private clients is both a challenge and a distinction. We advise on family and professional life matters as well as private property issues. With full dedication, we handle cases involving personal rights protection, real estate matters, claims arising from contracts, and debt collection.
Family law
With full dedication, we handle family matters concerning the most important aspects of our individual client's lives, such as divorce proceedings, determining the exercise of parental authority, deprivation, suspension, and limitation of parental authority, establishing contact with the child, or resolving significant child-related issues. Our law firm also provides services in property protection, handling cases related to property division.
Compensation claims
Our law firm specializes in court proceedings for compensation claims brought against entities liable to compensate individuals injured in traffic accidents as well as other types of accidents (workplace accidents, accidents on the street, accidents on sidewalks, unfortunate accidents) resulting in civil liability for damages.
Consumer bankruptcy
Consumer bankruptcy is essentially providing a "second chance" for the debtor by either canceling their obligations or establishing a convenient repayment plan for their debts.We offer comprehensive support to insolvent businesses and individuals, preparing the necessary documents from drafting the bankruptcy petition to the debt relief process.
Medical malpractice
Medical malpractice can result from unintentional actions caused by careless conduct or negligence of healthcare workers. Patients who have fallen victim to medical errors, or in the case of a patient's death, their family, have the right to seek compensation. The amount of compensation in this case depends on the nature of the error/malpractice and its consequences, including the intensity of suffering.
04
Criminal Law
Conditional early release
A court may conditionally release a prisoner from serving the remainder of their sentence only if their conduct, characteristics, personal circumstances, the circumstances of the crime, and their behavior both after committing the crime and during serving the sentence justify the belief that the prisoner, upon release, will comply with the imposed penalty or security measure and obey the legal order, particularly by not committing further crimes. The court will primarily assess the prisoner's behavior after committing the crime and during the sentence, such as complying with the instructions of prison officers and adhering to the rules of the penal institution. One of the key aspects will be a positive opinion from the custodian and psychologist.
Conditional dismissal of proceedings
A court may conditionally release a prisoner from serving the remainder of their sentence only if their conduct, characteristics, personal circumstances, the circumstances of the crime, and their behavior both after committing the crime and during serving the sentence justify the belief that the prisoner, upon release, will comply with the imposed penalty or security measure and obey the legal order, particularly by not committing further crimes. The court will primarily assess the prisoner's behavior after committing the crime and during the sentence, such as complying with the instructions of prison officers and adhering to the rules of the penal institution. One of the key aspect The court may conditionally dismiss criminal proceedings if the guilt and social harmfulness of the act are not significant, the circumstances of its commission are clear, and the conduct of the perpetrator, who has not been previously convicted of intentional crime, their characteristics, personal circumstances, and previous way of life justify the belief that despite the dismissal of the proceedings, they will obey the legal order, particularly by not committing crimes. Conditional dismissal does not apply to perpetrators of crimes punishable by imprisonment exceeding 5 years.
Electronic tagging
Any individual sentenced to a maximum of one year and six months of imprisonment who has a permanent place of residence may apply for permission to serve this sentence through the Electronic Monitoring System. However, submitting an application forpermission does not guarantee its approval. In addition to meeting specific legal and technical requirements, the application must be properly justified. It should also include the consent of all adult household members who will live with the person serving the sentence. The application must provide detailed information about the sentenced individual and the location where the monitoring will take place. Before submitting the electronic monitoring application, it is advisable to obtain a job promise, a document issued by a prospective employer committing to employ the sentenced individual.
Suspension of imprisonment
The Execution of Criminal Penalties Code provides for situations in which granting a break in the execution of a custodial sentence is mandatory for the court (such as mental illness or other serious illness) and situations in which granting a break is discretionary and depends on the court's discretion. For the court to grant a break in the execution of a custodial sentence due to important family or personal reasons, the sentenced individual must demonstrate that an extraordinary situation underlies the reasons for the application, and that the granted break will allow for the improvement of the exceptional situation that has arisen.
Postponement of penalty
The obligation to defer the execution of a custodial sentence applies to situations where the sentenced individual suffers from a mental illness or another severe illness that prevents the execution of the imposed sentence. On the other hand, the discretionary deferral of the execution of a custodial sentence pertains to situations where immediate execution of the custodial sentence would result in excessively severe consequences for the sentenced individual and their family. Each such case is considered individually by the court.
Pardon
Pardon is a significant tool that allows for the forgiveness or mitigation of a sentence imposed on an individual convicted of a crime. It serves as both a mechanism of legal justice and an expression of humanitarian approach towards convicted individuals. The procedure of applying for a pardon to the President and its processing can be complex. The assistance of a lawyer can be invaluable. We are ready to help in drafting such a request and handling the case until its final conclusion.
Arrest / apprehension
In the event of being detained by police officers or other law enforcement agencies, it is necessary to take action to secure the release of the detained individual. This includes promptly establishing contact with the detained person, engaging in direct conversation with them, and participating in any potential interrogation, which is crucial for the subsequent proceedings in the criminal case.
Cumulative sentence
Case law indicates that by combining sentences, their total duration becomes lower than if the individual sentences were served separately. However, for the possibility of combining sentences to arise, it is necessary for the sentences imposed for individual offenses to be of the same kind or those that, according to the provisions of the Criminal Code, can be combined. To benefit from the option of combining sentences, one must submit a request to the court that issued the most recent conviction in the first instance for the issuance of a combined sentence.
Permission for contact with relatives
A temporarily detained person may, in particularly justified circumstances, use a self-service telephone to contact someone other than their defense attorney, in accordance with the terms specified in the internal regulations applicable in the detention center. They may also have a visit after obtaining permission from the authority responsible for managing the detention center. The detainee has the right to use the self-service telephone at least once a week. In particularly justified cases, the prison director may allow the use of this telephone for contacting family or other close persons outside the established times.
Transfer of the convict to another prison
Reasons justifying transfer to another appropriate prison include, among others: concerns related to the safety of the inmate (e.g., conflicts in the cell), the need to care for a newborn child, the necessity to ensure order and safety in the prison, significant family reasons such as the residence of the inmate's children at a considerable distance from the place of incarceration, and the advanced age of the inmate's parents.
Quashing of the detention awaiting trial / lifting of arrest
A person who is temporarily arrested may at any time submit a request for the revocation of the arrest. If the case has not yet been brought to court, such a request is directed to the prosecutor conducting the preparatory proceedings. Once the case is brought to court, such a request is considered by the court. Temporary arrest may only be applied when other preventive measures are insufficient. In the request for the revocation of temporary arrest, it is necessary to indicate the circumstances that justify the revocation of the arrest.
Compensation for unjustified detention
The right to compensation and satisfaction arises in the case of undeniably unjust temporary arrest or detention. The basis for seeking compensation is to demonstrate that the application of temporary arrest was unjustified and resulted from deficiencies in the preparatory proceedings.
Expungement
A person convicted of a crime, after a specified period of time, is treated as if they were not convicted, meaning such a conviction is considered non-existent, and the entry about the conviction is removed from the register of convicts. There is also a possibility to "shorten" the period after which the conviction will be expunged for offenders sentencedto certain penalties. This applies to offenders sentenced to a term of imprisonment not exceeding 3 years. The court may order the expungement of the conviction after just 5 years (counting from the execution or remission of the sentence or from the expiration of its enforcement statute of limitations) if the convicted person has complied with the law during this period.
Resumption of proceedings
Despite numerous procedural safeguards designed to ensure a fair trial for the accused, sometimes unjust convictions occur, and the rendered verdict should never have been issued. Such errors can be rectified through the reopening of criminal proceedings.
05
Administrative Law
Construction law
We analyze the legal status of real estate properties, assist in legalizing unauthorized construction, prepare and review construction contracts, help obtain necessary permits, agreements, and opinions.
Real Estate Law
Comprehensive legal assistance in the field of real estate law, catering to individuals, investors, developers, flippers, housing communities, and cooperatives. Our services include examining and regularizing the legal status of real estate properties, as well as preparing due diligence reports regarding real estate. We assist clients in the process of purchasing, selling, or dividing real estate at every stage of the transaction.
Immigration law
Our law firm's international profile enables us to provide comprehensive legal assistance to business entities involved in projects that involve the delegation of their employees and the legalization of their residence and work in Poland or another EU country. When implementing such collaborations, we take into account not only the immigration, tax, and administrative regulations applicable in the foreigner's country of origin but also the regulations in the intended country of stay.
Obtaining concessions, licenses, permits
Sometimes, to conduct business, you need to obtain a permit from the relevant authority, have specific professional qualifications, or possess certain equipment or premises. Check whether you need a concession, permit, or registration in a regulated activity - contact us for assistance.
Inactivity and protraction
When a party believes that an authority is conducting proceedings excessively long or that the actions taken by it are merely formalities aimed at prolonging the proceedings, they have the right to file a complaint with the authority urging it to proceed. Aftersubmitting such a request, the party has the right to lodge a complaint with the Regional Administrative Court.
