W sprawie obowiązkowego ubezpieczenia odpowiedzialności cywilnej spółki partnerskiej adwokatów
on the compulsory third-party liability insurance of advocate professional partnership

Summary/Abstract: An advocate is obliged to enter into a civil liability insurance contract in respect of provided legal aid. The ratio legis of this obligation is to protect the interests of both – the advocate and his client. The leg- islator permits practising law in various organisational and legal forms, with a professional partnership coming to the fore. In that case, it is the partnership and not the advocate that is a party to the agree- ment for the provision of legal services. Therefore, liability for damages due to the non-performance or improper performance of such an agreement is borne first by the partnership and then, under the conditions of subsidiarity, by the advocate. The scope of the advocate’s compulsory civil liability insurance does not cover compensation claims raised by a client of the services against the company. As a consequence, both the advocate’s and the principal’s legal sphere is affected. It seems that there is a need for legislative intervention in order to cover, apart from an advocate, also a partnership where he practices with a civil liability insurance obligation.

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