
23.12.2021 | Teodor Burnar
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Mr. Artur Cichocki, Poland: “I am convinced that Smart Contracts are the future. They are a very big deal for Clients and Lawyers going forward”
Q: Mr. Cichocki, how would you describe the legal scene in your home town of Warsaw? How are things standing in 2021, after two pandemic years which have been tough for lawyers everywhere?
A: From my point of view, I observe that Lawyers and Clients work mostly online, as a consequence of the pandemic. Before that, we had to do major proceedings in courts and with Clients via physical presence. Now, in Poland, we can do more things online via Zoom, MS Teams, online applications etc. Courts and judges, are more flexible, whereas before, they weren’t. As I mentioned before, now we use new technological tools and judges and Clients accept it.
In the beginning, all of us – Lawyers and Clients – we weren’t sure if it would work, if it would be good for us. Because we were thinking about privacy policies, private data etc. As you are aware, on the Internet you can put everything that you want, and we were a bit afraid about the security of our Clients. But now, when we started using these tools, all is good, and we work with the same diligence, but with wider communication tools.
Q: When setting up your Law Firm, what were the professional values you set out to represent best when assisting your Clients?
A: When I set up my Law Firm, I had the idea that clear communication between Lawyers and Clients is essential. A lot of times, I could observe that Lawyers speak to Clients in a language that they don’t understand. They speak legal language, and the task of a Lawyer is to translate legal language into simple, understandable language. Moreover, clear and transparent rules of settlements with Clients are important. The Clients should know what, how much and when they have to pay. Clients must understand all the rules of the collaboration. So I had this philosophy from the beginning, when I set up my own Law Office, as I observed that some Lawyers don’t explain clearly the cases, the legal acts etc.
When you go to a doctor’s office, you expect he or she speaks clearly for you. It should be the same with a Lawyer.
A lot of times, I could observe that Lawyers speak to Clients in a language that the latter don’t understand. They speak legal language, and the task of a Lawyer is to translate legal language into simple, understandable language
Q: We’ve noticed the URL handle of your Instagram account, which is https://www.instagram.com/polish_immigration_lawyer/. Is Poland an attractive country for people looking to open a new chapter in their life – and what are the legal hurdles in doing so?
A: From approximately 2015, immigration laws in Poland are very developed. Now, there are rules for foreigners, of course for foreigners from non-EU countries, through which they can easily work and stay in Poland. For instance, if a foreigner studies in Poland, he/she doesn’t need a work permit. This person can study, and during weekends he/she can work. Previously, this type of situation wasn’t possible.
Nowadays, if the foreigner finishes studying in Poland, and he/she wants to stay and work, they can do it exactly like a Polish national, without needing any permit. This area of Immigration Law has developed very fast, as year after year we have more and more foreigners coming into Poland. We handle many cases, seeing that clerks who work in the Immigration Office don’t know the legislation very well.
Q: There’s a wide range of areas of practice covered by your Law Office. Please name two of the most dynamic specializations that you handle, and briefly talk us through the new trends that you and your team have noticed lately in your activity.
A: My Law Firm can offer a wide range of services, because I collaborate with other Lawyers, in areas spanning from Tax Advice to Criminal Law. But our focus is on Immigration Law and New Technology Law. As I mentioned, Immigration Law is developing very fast in Poland and is favourable to foreigners. In New Technology Law, we develop our services for people who bought cryptocurrencies, also dealing with Smart Contracts, which are based on blockchain. And I think sooner or later, this tool will be used in all of Europe, because now, if we draft contracts in Poland, we must use Polish Law. But there’s another way – I am in Poland, you are in another country, and we can sign an international contract.
My Law Firm’s focus is on Immigration Law and New Technology Law. Immigration Law is developing very fast in Poland and is favourable to foreigners. In New Technology Law, we develop our services for people who bought cryptocurrencies, also dealing with Smart Contracts, which are based on blockchain
Q: Poland has at times been treated as the “enfant terrible” of the European Union, with the judicial independence of the country being called into question. Politics aside, what is your insider’s view? ? Is the independence of Lawyers and judges in Poland improving?
A: Obviously, I know the situation between EU powers and Poland, but from my perspective and that of my Clients, and probably that of judges too, we are independent. This misunderstandings arise from ideological issues, like abortion law, same-sex marriage etc. But in general, when somebody wanted to do business in Poland, until today I didn’t meet any problem in court because of politics. As Lawyers, attorneys-at-law and judges, we are independent.
Q: Moving on to lighter topics, the COVID-19 pandemic has forced us to reconsider our relationship to technology. How did you and your colleagues welcome this challenge? What new habits did you develop since 2020?
A: At first, me and my colleagues were afraid about how we could function and work in pandemic times. I think it is natural, because we are humans, and we didn’t use these tools on such a large scale, previously, to communicate with courts and judges. In the past, justice consisted of filing papers in court and then waiting for a long time to receive an answer. Now, we obtain information in 1-2 days, which is really fast.
Moreover, we initially thought that COVID-19 would last two-three months at most. But it’s two years already, so we had to adapt. For example, at our Law Office, we bought an internal secure cloud drive, we have court cases via Internet, using Zoom or MS Teams, and my co-workers can work remotely, from home. Especially as we had some COVID-19 cases in our Firm, technology helped us a lot in maintaining the workflow. So now we don’t stop work if someone has COVID-19.
In the past, justice in Poland consisted of filing papers in court and then waiting for a long time to receive an answer. Now, we obtain information in 1-2 days, which is really fast
Q: It’s really a cliché that every lawyer needs to learn continuously and never rest on his laurels. How do you fight complacency in your profession?
A: This is true. All the time, as Lawyers, we have to train. The Warsaw Bar Association, of which I am a member, organizes a number of training courses, in various areas of Law, and we also use commercial training – like doing classes with judges or legal webinars. For instance, in January 2022, I will conduct the training for Lawyers in the Warsaw Bar Association, about Immigration Law. It is noteworthy that during pandemic times, Polish Immigration Law became more flexible towards foreigners. Living and working in Poland is now easy, and I will present my point of view around these rules.
Q: What are, in your opinion, the key professional traits of a contemporary Lawyer, given the dynamic, often chaotic social and economic environment he operates in?
A: In my opinion, today, a Lawyer must be a specialist, in maximum two or three areas. If someone thinks he can be a specialist in more areas, it seems to me that this person is not professional. I don’t know how things stand in other countries, but in Poland law is complicated. We are only humans, and everybody only has 24 hours per day at his disposal. So knowing everything is very hard, basically impossible. That’s why specialization is essential.
Furthermore, legal acts are long and complicated, and each Lawyer has a limited amount of time each day.
Q: When hiring a young Lawyer at your office, what makes the difference for you? Whom would you choose between a “tech wizard” lawyer and a not-so-tech-savvy, but ethical lawyer?
A: For me, it is important if a young lawyer sees law as a way to help people. That is of utmost importance, because OK, everybody wants to earn money, but you can’t put the paycheck before the goal of this profession, which is to help people. Young lawyers often ask how much they would earn, and I answer back: What’s your experience? What can you do?
For example, in family cases, which are notoriously difficult, you have to develop a specific understanding of your Client, and that takes time. So to me, the first thing on my list is how young lawyers communicate with Clients. Furthermore, it is important if he / she has a passion or hobby. Because having free time is very important in our line of work. You have to maintain a work-life balance so you can perform in the office.
In my opinion, today, a Lawyer must be a specialist, in maximum two or three areas. If someone thinks he can be a specialist in more areas, it seems to me that this person is not professional
Q: Indulge us in a scenario: You can host a WOLEP webinar for your colleagues. What theme of discussion would you choose, and why?
A: I would like to present the legal problem of Smart Contracts because, as I mentioned before, they are based on blockchain technology. In my opinion, their introduction will help people and entrepreneurs on the international scene understand what can happen in the future. I am convinced that Smart Contracts are the future of business. They are a very big deal for Clients and Lawyers going forward. So I think my presentation will be very appealing to German Lawyers, Spanish Lawyers, Polish Lawyers etc., to the whole WOLEP community.
Q: We’re thrilled to have you on the WOLEP network. What drew you to us in the first place and what are your expectations for collaborations and using our tools?
A: It seems to me that WOLEP can help me present my offer to a wider group of Clients and colleagues from other countries, especially outside Poland. I would expect training courses, online business meetings, and legal training. But, in general, I expect business meetings, where I can meet other Lawyers from other countries or potentially Clients.
Q: Any last thought you’d like to share with the WOLEP community?
A: For me, being a Lawyer is a special profession, and we have a certain mission to accomplish by helping people. It is worth remembering about this when meeting Clients. At the end of the day, it is all about being human and showing humanity.
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