Special power of attorney - template with discussion

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The Code of Civil Procedure provides that a party may perform procedural acts before the court in person or through an attorney. A power of attorney to represent a party before a court should be distinguished from a power of attorney regulated by the provisions of the Civil Code, which regulates the authorization to perform legal actions on behalf of the person who granted the power of attorney. The Code of Civil Procedure in Art. 88 stipulates that the power of attorney may be either procedural - either general or for managing individual cases - or for only some procedural steps. At the same time, it follows directly from the literal wording of the provision that the power of attorney to certain procedural steps is not a procedural power of attorney in the strict sense. A general procedural power of attorney is a power of attorney to conduct all court cases on behalf of the principal. In turn, a special power of attorney entitles the attorney to act as the principal in a specific case currently pending before the court. This article is primarily devoted to a specific power of attorney. It should be remembered that in some types of cases, you will need a power of attorney to conduct a particular case. Such requirements are set by the provisions of the Code of Civil Procedure in the scope of handling a party's affairs in matrimonial matters and matters relating to the relationship between parents and children.

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Special power of attorney - scope of authorization of the attorney

If we fully trust our representative, then pursuant to Art. 91 of the Code of Civil Procedure he will be entitled to:

  • all related procedural actions, including a counterclaim, complaints for the reopening of proceedings and proceedings caused by their lodging, as well as bringing the main intervention against the principal;

  • all activities relating to security and enforcement;

  • granting further power of attorney to an advocate or legal adviser
  • conclusion of a settlement, waiver of claim or recognition of the claim, if these activities have not been excluded in a given power of attorney;

  • collection of the costs of the trial from the other party.

These are procedural steps of high legal importance that may affect the outcome of the entire process. Therefore, if we do not want the attorney to waive the claim on our behalf, this should be clearly stated in the power of attorney. In practice, such clauses are not included in the content of the power of attorney, because by its essence this legal relationship consists in special trust between the parties. It is also permissible to limit the power of attorney in time, e.g. by limiting the presence of a given attorney only before courts of first instance.

Who can become a procedural representative?

A party's procedural representative may be:

  • advocate,

  • Legal Counsel,

  • patent attorney (in industrial property matters),

  • a person managing the property or interests of the party and a person remaining in a permanent relationship with the party, if the subject matter of the case falls within the scope of this order,

  • participant in the dispute,

  • parents, spouse, siblings or descendants of the parties,

  • employee of a legal person or entrepreneur,

  • in certain types of cases, entities of a specific category may act as proxies, e.g. in matters related to consumer protection, a representative of an organization whose statutory tasks include consumer protection.

What should a special power of attorney contain?

A special power of attorney should contain the following elements:

  • marking the place and date of its issue;

  • the name of the letter, eg "special power of attorney";

  • precise identification of the principal and the attorney - name, surname, address, series and number of the identity card, possibly PESEL, if the issuer of the power of attorney is an entrepreneur, it will be necessary to indicate the name / company, seat, KRS number, registry court, if the attorney is a professional entity it will be necessary to indicate his name, surname, attorney's office in which he works and the number of the entry on the list of attorneys or legal advisers;

  • indication of the scope of the authorization, i.e. the case covered by the power of attorney, detailing the file number, the parties to the trial, the subject of the trial, e.g. in a case for payment, and the court before which the court is pending, taking into account the division of the court;

  • principal's signature;

  • an additional element may be a clause allowing or prohibiting the appointment of other proxies for our principal, the so-called substitutes (this usually applies to professional representatives).

If a special power of attorney contains any limitations, they should be indicated in its content. For each power of attorney, it is necessary to pay stamp duty in the amount of PLN 17. This requirement will not apply to a party exempted by the court from court fees or to a party who is entitled to such exemption under the Act. A special power of attorney should be provided in the original or a certified copy when performing the first procedural action with the participation of the attorney. It may also be given orally for the record. The court may not allow a person who cannot identify himself by an appropriate power of attorney to participate in the case. Inadequate authorization may constitute the grounds for nullity of the proceedings. That is why the courts pay so much attention to this document.