Pomoc prawna z urzędu w procesie cywilnym. Przesłanki wyznaczenia pełnomocnika procesowego. Komentarz do postanowienia Sądu Apelacyjnego w Szczecinie
Legal aid ex officio in civil proceedings. Premises for designation of a legal representative.Commentary on the decision of Court of Appeals in Szczecin

Summary/Abstract: The appointment of a professional legal representative - an advocate or a legal adviser is one of the instruments of legal assistance for people whose difficult life situations justify the need to provide them with special help. The Author analyzes conditions under which an appointment of an assigned counsel may take place, and refers to the commented order. The commented order of the Court of Appeal in Szczecin places great emphasis on one of the conditions of granting the applicant legal aid which is „the need arising from the circumstances of the case". The condition is essential in order to pass a decision on the appointment of an assigned counsel, and — in the long term — to prevent the abuse of this institution. The Court of Appeal in the commented case thoroughly examines the conditions for appointment of an assigned counsel for the party. According to the Court, the assignment of legal aid in this particular case was not necessary. The Court argues that the case was not complex, as well as that in the course of the proceeding the applicant managed well on his own. The Author shares this view and points out the importance of adequately considering the analyzed condition, while deciding on the appointment of an assisned counsel.

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