General Terms
& Conditions

Law Office of Elwira Köseoglu-Ślipiec, Attorney-at-Law

Article 1. General provisions

These General Terms and Conditions of Legal Services (“GTC”) set out the terms on which I provide legal assistance through the Law Office of Elwira Köseoglu-Ślipiec, Attorney-at-Law, with its registered address at ul. Poniatowskiego 18, 05-090 Janki, Poland, VAT No: 5342660771, REGON: 524428732 (“Law Office”).

I am registered on the roll of attorneys-at-law of the Regional Bar Association in Warsaw under registration number WA-19030 and practise in accordance with the Act of 6 July 1982 on Attorneys-at-Law, the Code of Professional Ethics for Attorneys-at-Law, and the Rules of Professional Practice for Attorneys-at-Law. Please note that a Polish attorney-at-law (radca prawny) is a qualified legal professional regulated under Polish law, authorised to provide legal advice and represent clients before Polish courts and public authorities.

The GTC form an integral part of every agreement for the provision of legal services, unless the parties expressly exclude or modify individual provisions in a separate written agreement. The GTC are binding on the Client where they have been delivered prior to conclusion of the agreement or made available electronically — including by reference to their publication on the Law Office website.

Article 2. Scope of services

I provide comprehensive legal assistance including in particular: legal advice and consultations; preparation of legal opinions; drafting of contracts, terms and conditions, and other legal documents; conducting negotiations on behalf of the Client; representation before common courts, administrative courts, and public authorities; participation in arbitration and mediation proceedings; and ongoing legal services provided under a separate retainer agreement.

The services I provide cover Polish law exclusively. I do not advise on foreign law or on private international law to the extent that it requires the application of foreign legislation. In matters requiring knowledge of the law of another jurisdiction, I may — with the Client’s consent — refer the Client to, or engage in co-operation with, a legal professional authorised to practise in that jurisdiction.

Article 3. Conclusion of the agreement and form of engagement

The provision of legal assistance is based on an agreement concluded with the Client. Before commencing any services, I agree with the Client the scope of the engagement, the amount or method of calculation of my fees, and the principles governing the payment of charges and disbursements.

The agreement may be concluded in writing or in documentary form, including by electronic mail. In urgent matters, I may commence professional activities before the formal conclusion of the agreement, subject to an obligation to conclude it without undue delay.

I act exclusively on behalf of the Client with whom I have concluded an agreement. The GTC are made available to the Client before the agreement is concluded. Failure to object to the GTC after reviewing them is deemed to constitute acceptance.

Article 4. Communication

The preferred means of communication is agreed with each Client individually. In all professional dealings I am always clearly identifiable as the sender or recipient of correspondence — I do not communicate anonymously or with anonymous parties.

Default communication channels are: electronic mail — elwira@koseoglu.pl; telephone — +48 512 818 518, during Law Office working hours; in-person meetings — at an agreed location and time; electronic messaging applications (e.g. Microsoft Teams, WhatsApp) — by prior arrangement with the Client only.

I endeavour to respond to Client messages within no more than 2 working days, unless the nature of the matter requires a more prompt response or the parties have agreed otherwise.

Article 5. Fees

The amount of my fees or the method of their calculation is agreed individually with each Client before services commence.

Fees may be structured in particular as: a fixed fee for a specific matter or stage of a matter; an hourly rate — charged on the basis of actual time spent on the matter; a monthly retainer — for ongoing legal services; or on such other basis as is agreed in writing in the agreement.

In setting fees, I take into account in particular: the necessary amount of work involved, the required level of specialist knowledge and experience, the degree of difficulty and complexity of the matter, its precedent-setting or unusual nature, and the responsibility associated with conducting it.

I do not enter into agreements providing for fees payable solely upon a successful outcome. A success fee in respect of achieving a defined result is, however, permissible, provided it is agreed before the final determination of the matter.

Fees do not include court fees, stamp duties, notarial fees, correspondence costs, translation costs, expert fees, or any other disbursements incurred on behalf of the Client. I am not obliged to meet such costs from my own funds.

Article 6. Payment and invoicing

Fees are payable on the basis of a VAT invoice issued by the Law Office. I am a registered VAT taxpayer. The payment term is 7 days from the date of issue of the invoice, unless the parties agree otherwise. Payments are made by bank transfer to the Law Office bank account indicated on the invoice.

Before commencing services or incurring disbursements on behalf of the Client, I may require an advance payment. The amount of any advance payment is determined by the agreement or by separate arrangement between the parties.

Article 7. Professional secrecy

I am bound to maintain in strict confidence all information concerning the Client and the Client’s matters obtained in connection with the provision of legal assistance — regardless of its source, form, or means of recording. This obligation is unlimited in time and continues after the conclusion of the engagement.

Professional secrecy also covers all documents prepared by me in the course of a matter and all correspondence with the Client. I apply appropriate organisational and technical measures to protect confidential information.

The obligation of professional secrecy does not expire upon the conclusion of the engagement, withdrawal from a matter, or any other event.

Article 8. Conflicts of interest

Before commencing legal assistance, I carry out a check for any potential conflict of interest. For this purpose I maintain a client register to enable identification of potential conflicts.

Where a conflict of interest is identified, I decline to accept the instruction. If a conflict comes to light in the course of a matter, I withdraw from the matter without delay and revoke any power of attorney granted, informing the Client in a manner that enables the Client to seek assistance from another lawyer.

I do not undertake to provide legal assistance where knowledge obtained in connection with acting for another client would confer an unjustified advantage on the new client or would breach professional secrecy owed to a former client.

Article 9. Professional independence and ethics

I carry out all professional activities with full professional independence. I do not breach the rules of professional ethics or fail in my professional duties in order to meet the expectations of the Client or third parties.

Legal opinions and positions on points of law that I provide reflect exclusively my own knowledge and professional judgement — they are not dependent on the Client’s preferred outcome. I inform the Client where proposed courses of action, including the pursuit of appeals or other remedies, are without merit or are inadvisable.

Article 10. Liability

The Law Office bears civil liability for loss caused to the Client as a result of improper performance of the agreement, on the terms set out in the Polish Civil Code and the legislation governing the provision of legal assistance.

I hold compulsory professional indemnity insurance for attorneys-at-law in respect of loss caused in the course of professional practice. On the Client’s request, I provide details of the insurance cover held.

The Law Office is not liable for: the consequences of decisions taken by the Client contrary to the legal advice or opinions provided; the consequences of events beyond the Law Office’s control, including changes in legislation or case law; court or other fees not paid by the Client and the legal consequences thereof; or information that is false or incomplete as provided by the Client.

Article 11. Personal data protection (GDPR)

The controller of personal data is Elwira Köseoglu-Ślipiec, trading as Law Office of Elwira Köseoglu-Ślipiec, Attorney-at-Law, ul. Poniatowskiego 18, 05-090 Janki, Poland, VAT No: 5342660771, REGON: 524428732 (“Controller”).

The Client’s personal data are processed for the following purposes: performance of the agreement (Article 6(1)(b) GDPR); compliance with legal obligations, including anti-money laundering requirements (Article 6(1)(c) GDPR); pursuit of legitimate interests, in particular the establishment, exercise, or defence of legal claims (Article 6(1)(f) GDPR); and archiving of case files for the period required by limitation and disciplinary rules.

The Client has the right to access their data, to rectification, erasure or restriction of processing, to data portability, and to lodge a complaint with the President of the Polish Data Protection Authority (UODO). The provision of personal data is necessary for the conclusion and performance of the agreement.

Data may be disclosed to entities co-operating with the Law Office only to the extent necessary, on the basis of data processing agreements. Data are not transferred outside the European Economic Area.

Article 12. Duration and termination

The agreement is concluded for a fixed or indefinite term, as provided in the agreement. Unless the agreement provides otherwise, the legal relationship terminates upon the final and binding conclusion of the matter or the performance of the specified obligation.

Either party may terminate an agreement for the provision of ongoing legal services by giving the notice period specified in the agreement, or, in the absence of such a provision, one month’s notice.

I may withdraw from the provision of legal assistance in the circumstances set out in the Code of Professional Ethics for Attorneys-at-Law, including in the event of a loss of confidence in the Client, non-payment of fees, or a conflict of interest.

Upon conclusion of the matter, I return to the Client — on the Client’s request — documents received from the Client and any procedural documents, without making such return conditional on settlement of outstanding fees.

Article 13. Dispute resolution

Where the nature of a matter so permits, I inform the Client of the possibility of resolving or determining the dispute by alternative means, including mediation or arbitration.

Any disputes between the Client and the Law Office arising from the performance of the agreement shall, in the first instance, be resolved amicably between the parties. In matters relating to the professional conduct of an attorney-at-law, the Client may also lodge a complaint with the Dean of the Regional Bar Association of Attorneys-at-Law in Warsaw.

Article 14. Final provisions

Matters not regulated by these GTC are governed by the Act on Attorneys-at-Law, the Code of Professional Ethics for Attorneys-at-Law, the Rules of Professional Practice for Attorneys-at-Law, the Polish Civil Code, and the GDPR.

Any amendments to the GTC take effect following notification to the Client with at least 14 days’ prior notice and do not affect the rights and obligations of the parties arising from agreements concluded before the amendments take effect.

The court having jurisdiction over any disputes arising from the provision of legal services is the common court with jurisdiction over the registered address of the Law Office. The GTC are available at the Law Office premises and — on request — in electronic form.

koseoglu.pl