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Lawyer in Poland did a bad job possibility of compensation?


Barney 14 | 1,471    
5 Dec 2010  #1
Hi all,
My friends’ parents had to return to Poland at very short notice because the lawyer who was supposed to set up power of attorney for them screwed up.

Their Daughter signed the papers to buy their house but wasnt able to sign the papers to complete the sale of their family apartment. They have to arrive and sign by 10am tomorrow. With the weather, their flight from Dublin was cancelled now they have to fly from Belfast to Krakow and get a train to Poznan.

Does anyone know if it’s easy to take action in order to recoup their expenses?
SeanBM 35 | 5,810    
  5 Dec 2010  #2
Normally they would have signed a contract with the lawyer before he made any actions, check there first.
Remember to keep all receipts of flights, hotels etc.. to show what the losses are.

The weather has improved, plus 1 in Krakow.

Just out of curiosity, why do they have to be here by 10 tomorrow, surely they can arrange another date?
OP Barney 14 | 1,471    
5 Dec 2010  #3
Just out of curiosity, why do they have to be here by 10 tomorrow, surely they can arrange another date?

I think the other party were going to pull out by that time. They only had three people look at the apartment since August.

The documents were all setup in July allowing the Daughter to sign for the purchase of the House and sale of two allotments. These went through smoothly, for some reason the Daughter cannot sign to sell the apartment.

An additional complication is that the house is almost 100 years old and some kind of "listed building" regulations come into force next year. They are reluctant to get a mortgage to pay for refurbishment so need this sale to avoid even greater costs. If that makes sense!!
SeanBM 35 | 5,810    
  5 Dec 2010  #4
It's difficult to give any advice without knowing the full circumstances.

I have had many problems in the past with POAs.

Did the Notary tell the daughter why her POA did not work?

Their Daughter could try a different notary, that works sometimes as the Notary's butt is on the line if anything goes wrong and some are too cautious.

Tell her to go to as many different Notaries as possible and see if they will except it before organising the sale with the buyer.

What did the lawyer say when she told him his POA did not work?

I don't know how much you know about how things work here, so excuse me if you already know.
But lawyers here aren't anything like in Ireland, they are basically pen pushers and legal representatives, the people with the almighty power of the stamp for any paperwork are the Notaries but they are also to blame if anything goes wrong. In the future, get the notary to make up the POA and then they will have to except it.
OP Barney 14 | 1,471    
5 Dec 2010  #5
Did the Notary tell the daughter why her POA did not work?

That I dont know.
Perhaps the Notary was too cautious as you said.

Any way it will be done tomorrow morning.

I really appreciate your replies..................now I have to listen to horror stories about the evil Notary until the next baddie reveals himself:)
SeanBM 35 | 5,810    
  5 Dec 2010  #6
Ta failte romhat.

I think anyone who has ever legally represented someone here has had problems with POAs, simply because we have a different system and employ lawyers to do what we should get Notaries to do.
OP Barney 14 | 1,471    
5 Dec 2010  #7
You're more than welcome.

I'm just pleased they have a period house with some land.
SeanBM 35 | 5,810    
  5 Dec 2010  #8
An additional complication is that the house is almost 100 years old and some kind of "listed building" regulations come into force next year. They are reluctant to get a mortgage to pay for refurbishment so need this sale to avoid even greater costs.

You should also check what the city will do for them.
I am not 100% about this so please get them to check it out properly before committing but there is a law that listed buildings can not fall in to ruin and if the owners put in 10% of the cost of refurbishment the city will give 90% interest free or something like that.

But as I said, please find out about it in case I got it wrong.

Recently a building was taken off owners by the council in Krakow for not being maintained.

Do you have any more details about the law coming in to enforcement next year?
OP Barney 14 | 1,471    
5 Dec 2010  #9
Do you have any more details about the law coming in to enforcement next year?

All I know is that they are in a rush to refurbish before this date. I have seen photographs of the work and it seems outwardly sympathetic though they are using roofing tiles that come in huge pieces. I have never seen this material before and I worked on homers a lot (my dad was a roofer).

They also put in uPVC windows which they got cheap but retained the wooden doors (exterior).

The house is on the edge of their town, its not one of those old town dwellings whose name begins with "K" but I cant remember.

I will try to find more details and mention the info you have provided.
delphiandomine 85 | 17,398    
5 Dec 2010  #10
its not one of those old town dwellings whose name begins with "K" but I cant remember.

Kamienica :)
OP Barney 14 | 1,471    
5 Dec 2010  #11
Kamienica

Tenement!!!
Thank you, I never knew how to explain that.
Cheers:)
cms 9 | 1,287    
7 Dec 2010  #12
Zero chance of compensation unless there is an engagement letter with the lawyer. In any case even if there is then normally it would cost weeks and PLN to lodge a claim.

Being honest these PoA issues have arisen in every time I have done some property transaction - I always seem to be waiting for some document to arrive only minutes before the notary is due. Next time your friends will know (if there is a next time) otherwise its just tough and rather chalk it up to experience.
bewildered il - | 1    
  20 May 2013  #13
Merged: Warsaw lawyer took the money and ran? Help!

Help. I need some advice.

I paid a lawyer in Warsaw to do some work for me, which involved lodging documents with a court and getting a decision. This was well over a year ago. I paid up front. That's the last thing I heard from her. I have emailed recently (I speak Polish) but she hasn't replied. She has several email addresses some of which are not now working. Her phone number doesn't now work. There's nothing on the internet to say anything happened to her. It is a very important matter for me and could cause big big problem if the court make their ruling and I don't find out. All mail goes to her office.

All I want to know is if there is any progress or no progress. There should be something by now. I'm a long way from Poland and can't just visit her office :-(

How can I find out if she's done the work (I don't know which court is involved)?
Does a lawyer have an obligation to respond in a timely way to a client?
If she took the money and run, what options do I have? Police or Bar Association?

Excuse me asking here, but my faith in Polish lawyers isn't great right now.

Bump. I could really do with advice on this.

I (after hassling by mail after mail) finally got an answer. The court made a decision, but she won't say when. Looks like the deadline for appealing it has passed and she doesn't want to tell me....
SeanBM 35 | 5,810    
19 Sep 2013  #14
I paid a lawyer in Warsaw to do some work for me,

Did you pay cash or bank transfer? If cash did you get a receipt?

(you need a paper trail)

Does a lawyer have an obligation to respond in a timely way to a client?

Did you sign an agreement with her to be your lawyer?

If she took the money and run, what options do I have? Police or Bar Association?

You can sue her of course but you'll need to have some evidence to do so.
The real question in this case is, is it worth it?

Have you a copy of the documents she was supposed to lodge? look for a reference number, this will make checking if she lodged the docs or not a lot easier.

It'll cost you to have another lawyer check if there is a court decision or if they were ever lodged in the first place.

As this is an important matter for you, it will cost you to lodge them if they haven't already been done, I advise focusing on getting whatever it was you need done and then worrying about suing.

there was a society of men among us, bred up from their youth in the art of proving, by words multiplied for the purpose, that white is black, and black is white, according as they are paid.
To this society all the rest of the people are slaves.

For example, if my neighbor has a mind to my cow, he has a lawyer to prove that he ought to have my cow from me.
I must then hire another to defend my right, it being against all rules of law that any man should be allowed to speak for himself.
Now, in this case, I, who am the right owner, lie under two great disadvantages: first, my lawyer, being practised almost from his cradle in defending falsehood, is quite out of his element when he would be an advocate for justice, which is an unnatural office he always attempts with great awkwardness, if not with ill-will.

Ant63 11 | 403    
19 Sep 2013  #15
Excuse me asking here, but my faith in Polish lawyers isn't great right now.

In my experience, as a foreigner you are a soft touch. There are some decent ones out there though.
Manuonferrum    
20 Sep 2013  #16
There are some decent ones out there though.

Really? Are you sure? Come on is that even possible?

Help. I need some advice.

Let the gods out.
golas - | 21    
  26 Nov 2013  #17
bewildered il

Did you get your money back?


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