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III SZ 1/97 AI generated

Appeal court reduced lawyer's ban to warning because suspension does not exempt membership dues.

Case Number III SZ 1/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland reduced a lawyer's ban to a warning with a reprimand after reviewing a disciplinary appeal. The disciplinary body found the lawyer guilty of willfully refusing to pay mandatory membership fees to the bar association while suspended for working in law enforcement. The court held that suspension does not exempt the lawyer from dues but deemed the original ban disproportionately severe given the lawyer's lack of prior record and mistaken legal interpretation.

Legislator headnote

AI generated

Ustawa o radcach prawnych art. 28 ust. 1 pkt 2; art. 65 ust. 1; art. 386 § 1 KPK: Suspension of the right to practice due to employment in law enforcement does not exempt the lawyer from the obligation to pay membership dues, but the penalty for non-payment must be proportionate to the fault and circumstances.

Keywords

AI generated
lawyer disciplinary penalty membership dues obligation suspension of practice disproportionate punishment polish bar association law enforcement employment proportionality principle

Cited Legislation

AI generated
art. 28 ust. 1 pkt 2 ustawy o radcach prawnych
art. 65 ust. 1 pkt 4 ustawy o radcach prawnych
art. 64 ust. 1 pkt 1 ustawy o radcach prawnych
art. 386 § 1 KPK

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