Volenti non fit iniuria? Związanie pełnomocnika procesowego poleceniami klienta i odpowiedzialność za ich wykonanie
Volenti non fit iniuria? Binding legal representatives by their clients’ instructions and the ensuing responsibility for carrying them out

Summary/Abstract: The issue of the scope and consequences of binding legal representatives for litigation purposes by their clients’ instructions, particularly those that concern litigation tactics, constitutes a notion that is not only socially important but also juristically complex. It is a problem legal representatives are faced with in their everyday practice when they have to choose between fulfilling their clients’ wishes and protecting their legal interests – sometimes against their will. This article contains an analysis of the term ‘client’s interest’ and the professional as well as contractual obligations of legal advisers. Furthermore, it presents the possible implications of actions by legal advisers who act as legal representatives for litigation purposes – especially with regard to liability for damages.

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