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Lawyer Pro Bono

The Foundadtion decided to promote the issue of involvement of lawyers in pro publico bono work. The first edition of the "Pro Bono Lawyer" Competition was organized in 2004 under patronage of the Bar Council and the National Council of Legal Advisers. A few dozen nominations were submitted to the competition, 35 of which were qualified for consideration by the Competition Jury. The winner was selected at a session held on March 3, 2004 in which the following members of the Jury participated:

  • Professor Andrzej Zoll - the Ombudsman,
  • Professor Marek Safjan - President of the Constitutional Tribunal,
  • Professor Roman Hauser - President of the Supreme Administrative Court,
  • Attorney-at-Law Andrzej Kalwas - President of the National Council of Legal Advisers,
  • Attorney-at-Law Zenon Klatka - Vice President of the National Council of Legal Advisers,
  • Attorney-at-Law Stanisław Rymar - President of the Bar Council,


The winner was Szczepan Styranowiski, a retired judge from Olsztyn, nominated by the Olsztyn division of the Polish Committee for Social Welfare. The Jury also decided to honor seven persons. The official announcement of the competition results was made on March 29, 2004 in the seat of the "Rzeczpospolita" daily - the co-organizer of the competition. The winner received a statuette funded by the Minister of Justice, and diplomas were presented to the honored persons.

 

Since 2004 the Foundation together with "Rzeczpospolita" daily organises each year the "Pro Bono Lawyer" Competition. The Jury consits of the acting: Ombudsman, President of the Constitutional Tribunal, President of the Supreme Court, President of the Supreme Administrative Court, President of the Bar Council, President of the National Council of Legal Advisers, as well as Pro Bono Lawyers Comepetition winners from the past editions. The winner receives a statuette funded by the Minister of Justice, and two honored persons receive diplomas signed by the Jury members.

 

Lawyer Pro Bono Contest's Regulations
§ 1

1. The Legal Clinics Foundation, respecting the need to promote a noble idea of the Pro Publico Bono lawyers' work as well as taking into account the hitherto Pro Bono activity of the lawyers, wishes to call into being a Lawyer Pro Bono Contest.
2. The Final of the lawyer Pro Bono contest will be carried out by the Legal Clinics Foundation (hereinafter the Organizer)
3. The Organizer reserves the right to choose a partner to carry out the Final of the Lawyer Pro Bono Contest.

§ 2

The title of the Lawyer Pro Bona can be received by a person holding a master in law degree, living on the territory of the Republic of Poland, providing free of charge and voluntary legal services to other persons, social organizations or institutions.

§ 3

1. The title of the Lawyer Pro Bono is granted by the Chapter of the Contest based on the submitted nominations.
2. The Organizer passes on the information on the Contest and the conditions to submit nominations using the mass media no later than on October 15th of the year in which the contest is carried out.
3. The Contest takes place once a year.

§ 4

1. Nominations can be submitted by the natural persons, lawyers' associations (bars), non-governmental organizations as well as the state and self-governmental institutions.
2. Nominating subject can submit one nomination per year.
3. Nominations have to be submitted no later than January 15th of the year in which the contest is organized and according to the nomination forms attached to the present Regulations.

§ 5

After collecting and checking the nominations, the Organizer passes on the names of the persons nominated to the Lawyer Pro Bono title to the Chapter of the Contest. It has to be done no later than the end of February of the year following the one in which the contest was carried out.

§ 6

1. The Chapter of the Contest's consists of the members of the Advisory Board of the Legal Clinics Foundation and representatives of the institutions patronizing the contest.
2. Persons awarded with the Lawyer Pro Bono title in previous years also become capitularies.
3. The capitularies elect the President of the Chapter among themselves.
4. Representative of the Legal Clinics Foundation participates in the Chapter's sessions as a secretary, with no right to vote.

§ 7

1. The Chapter of the Contest takes a decision on the Lawyer Pro Bono award with simple majority of votes.
2. The schedule of the Chapter's work is established by the President of the Chapter.
3. The President of the Chapter can take a decision to vote (according to the provision of § 7p.1) in written.

§ 8

1. In one year the Chapter of the Contest can award no more than 2 persons with the title of the Lawyer Pro Bono.
2. The decisions of the Chapter mentioned in the p. 1 are final and binding.
3. Due to justified circumstances, the Chapter may retract from awarding the Lawyer Pro Bono title in given year.

§ 9

The Chapter of the Contest evaluates the submitted nominations using the following criteria:
a) provision of the free of charge legal services to persons, charity and social organizations
b) development of the charity activity, creation and development of the social organizations promoting the bro bono activity
c) participation in educational, training programs and other charity programs (pro bono)
d) participation in the programs and initiatives aiming at the development of the system of free legal services
e) achievements in the public social-legal activity.

§ 10

1. Laureate of the Contest is awarded with the "Lawyer Pro Bono" title with the indication of the year of the contest.
2. Laureate of the Contest also receives a "Lawyer Pro Bono" statuette.

§ 11

Announcement of the Contest's verdicts takes place in public no later than on the 15th of April of the year following the one in which the contest was carried out.

§ 12

The Organizer of the Contest has the right to interpret the provisions of the present Regulations and to settle disputes occurring at its application.

 

NOMINATION FORM
PRO BONO LAWYER

PART I
INFORMATION ON THE SUBJECT NOMINATING


Name and surname of the person/ name of the institution nominating:

Address:

Phone number:

Fax number:

E-mail:



PART II
INFORMATION ON THE CANDIDATE



Name and surname:

Address:

Phone number:

Fax number:

E-mail:

Profession:

Number of years in the legal profession:

Information on the education:

Place and the organization/program in which the cadidate provides pro bono services:

Other public activity:


PART III
CANDIDATE'S RESUME



(NO MORE THAN ONE PAGE).


PART IV
JUSTIFICATION FOR THE NOMINATION



(NO MORE THAN 3 PAGES).

ATTENTION! Other documets and materials can be attached here. If it is a reference letter, please indicate the name and contact information of the author of the letter.


Legible signature, date, stamp of the institution.  

Grant Programes

Legal Clinics Foundation is offering grants to Polish Legal Clinics that work accordingly to the Standards.

Draft grant proposal >>>

Report on the legal clinic's activity >>> 

Foundation bodies

Board:

PhD Filip Czernicki - President

PhD Katarzyna Girdwyoń - Board Member
 
DSc Izabela Kraśnicka - Board Member
 
Dariusz Łomowski - Board Member

PhD Piotr Karlik - Board Member

Council:

Łukasz Bojarski – Chairman of the Council, founder, President of the Institute for Law and Society INPRIS

Prof. Alina Wypych-Żywicka – University of Gdansk

Jakub Boratyński – founder, former Program Director at Stefan Batory Foundation

PhD Przemysław Kledzik – University of Szczecin

Prof. Maria Dragun-Gertner – Nicolaus Copernikus University in Torun

PhD hab. Wojciech Dziedziak – Maria Curie-Skłodowska University in Lublin

PhD Janusz Guść – Higher Banking Academy in Gdynia

Kamil Mazur-Czerniecki – Viadrina European University in Franfurt/Słubice

Katarzyna Hebda – founder, former Secretary General of ELSA Lawyers Society

PhD Magdalena Gołowkin-Hudała – Opole University

Prof. Czesław Kłak – University of Law and Public Administration in Rzeszów


Prof. Małgorzata Król – University of Lodz

Prof. Leszek Kubicki – Leon Kozminski Academy
 
Prof. Piotr Machnikowski – University of Wrocław

PhD Magdalena Olczyk – founder, Ombudsman Office, Leon Kozminski Academy

Prof. Maksymilian Pazdan – Silesia University

PhD hab. Justyn Piskorski – Adam Mickiewicz University in Poznan

Prof. Andrzej Sakowicz – University in Bialystok

PhD Irena Kleniewska – Lazarski University

Prof. Maria Szewczyk – Jagiellonian University

PhD Marta Sarnowiec-Cislak – Foundation Academia Iuris

Prof. Renata Świrgoń-Skok – Uniwersyty of Rzeszow

Prof. Eleonora Zielińska – University of Warsaw

Advisory Council:

Prof. Andrzej Zoll – former Ombudsman

Prof. Marek Safjan
– former President of Constitutional Tribunal

Prof. Roman Hauser
– former President of Supreme Administrative Court

judge Wojciech Hermeliński
– former judge of Polish Constitutional Tribunal, President of State Electoral Commission

attorney Zenon Klatka
– former President of National Council of Solicitors

Marek Nowicki – President of Helsinki Foundation for Human Rights

Edwin Rekosh – former Director of the Global Network for Public Interest Law, Budapest-New York

Zaza Namoradze – Director of Open Society Justice Initiative, Budapest

Prof. Leah Wortham – Catholic University of America, Washington, USA

Prof. Asha Ramgobin – Association of University Legal Aid Institutions Trust, RSA 

Financial Regulations of the Legal Clinics Foundation

I. General principles

1. § 6 of the Foundation’s Statute describes the property statement

2. Assignments of the Board concerning financial management include:

a) gaining of the sources for the Foundation’s activity,

b) management of the Foundation’s property,

c) preparation of the drafts of the Foundation’s annual financial plans,

d) organization of the contests concerning the legal clinics’ financing, evaluation of the applications and the distribution of the sources.

II. Passing the budget

3. The annual financial plan of the foundation comprising the period from the 1st of January until the 31st of December, is submitted to the Council of the Foundation no later than October 30th of the year prior to the year related to in the financial plan. To pass the budget the Board of the Foundation convenes the Council’s session.

4. The Council of the Foundation adopts the foundation’s budget in time of the 30th of November of the year prior to the year related to in the financial plan. If the budget can not be adopted in due time, financial management of the foundation is carried on based on the financial plan introduced by the Board.

5. Annual financial plan of the Foundation includes:

a) On the income side:

a. all of the planned sources gained by the Foundation,

b. surplus from the previous years.

b) On the expenses’ side:

a. costs of the Foundation’s activity,

b. sources assigned for clinic’s financing,

c. required contribution to the guarantee fund.

6. The expenses of the Foundation can not exceed its income.

Usage of the guarantee fund

7. In case of the expected, particular decrease of the income (at the time of the financial plan’s drafting) or in case of the arisen loss (after the budget’s adoption), the Board passes a resolution to apply to the Council of the Foundation for the guarantee fund’s sources. At the same time the Board summons a special session of the Council. The resolution concerning the usage of the guarantee fund sources requires the approval of all the Board’s members.

8. A written application in this matter along with its motivation is introduced to the Council of the Foundation.

9. The Council of the Foundation in one month time since the delivery of the application passes a resolution concerning the granting of the guarantee fund sources.

10. In case of the rejection of the application, the Board modifies the financial plan adjusting planned expenses to the decreased income and presents the revisal of the plan to the Council of the Foundation.

Budget surplus

11. The Board submits to the Council report on the budget realization, based on which the Council passes the exoneration.

12. In case of the budget surplus the Board submits the application concerning the designation of 70% of this amount. 30% of the surplus is managed by the Board.

 


 

Regulation of the legal clinics’ financing

General provisions

1. Financing of the legal clinics’ activity includes delivery of the financial sources on the realization of the program assignments and the cover of the activity costs of the following subjects:

a. Legal Clinics described by the Statute of the Foundation,

b. Other subjects – not legal clinics - carrying on activity of the legal education

2. Distribution of the financial sources concern in particular legal clinics accredited by the Foundation, and depending on the amount of additional sources – might concern also other subjects mentioned in p. 1a and 1b.

3. Financing of the clinic’s activity comprises period of its annual or semi-annual activity.

Applications

4. Evaluation of the applications for financing of the clinic’s activity takes place twice a year in annual and semi-annual cycles

5. Annual cycle Time limit for the application expires on the 30th of June.

6. The Foundation evaluates the application and announces the amount of the money granted no later than August 31st.Payment of the financial sources is done after the applications’ evaluation procedure is completed, however no later than 31st of September.

7. Legal clinic is obliged to submit:

a. semi-annual report of the financial activity no later than 31st of January of the year following the one in which the application was submitted,

b. annual (final) report of the financial activity no later than 30th of June of the year following the one in which the application was submitted.

8. Semi-annual cycle Time limit for the application expires on the 15th of October.

9. The Foundation evaluates the application and announces the amount of the money granted no later than November 30th. Payment of the financial sources is done after the applications’ evaluation procedure is completed, however no later than 31st of January of the year following the one in which the application was submitted.

10. Legal clinic is obliged to submit the final report of the financial activity no later than 31st of July of the year following the one in which the application was submitted :

11. In case of repeated application for the financing from the Foundation legal clinic is obliged to submit an initial final report covering the costs from the end of the accounting period until the 30th of April of the year following the one in which the application was submitted.

12. Applying for the clinic activity’s financing is done only on the special forms provided by the Foundation or published in Internet.

13. Applications submitted after the deadline will not be considered.

14. The application form should include:

a) short description of the clinic’s activity, its main goals and forms of action,

b) legal status of the clinic or the subject entitled to negotiate contracts on the behalf of the clinic,

c) list of persons employed at the clinic (regardless of their legal title),

d) list of students participating in the clinic activity,

e) list of coordinators;

f) cost-estimate of the activity in the time period included in the application

g) information about:

i. Fulfilling the standards of the Foundation,

ii. Number of the cases accepted by the clinic in the period of academic year previous to the application’s submission, including number of closed cases,

iii. Number of didactical hours realized by the clinic,

iv. Other financial sources of the clinic

15. The Board has the right to demand, at any time, organizational and financing information concerning the clinic’s activity.

Qualification procedure

16. The division of the sources is done through a contest. The results of the contest are given not later than 31st of August for the annual cycle and 30th of November for the semi-annual cycle.

17. Qualification procedure proceeds as follows:

The Board prepares:

a) list of applications

b) proposal of the sources’ distribution among the clinics taking into account the propriety of the borne costs as well as the efficiency and reliability of the management of the sources granted by the Foundation in pervious years based on the criteria mentioned in p. 14.

18. In case, when gained by the Foundation sources dedicated to the clinic’s activity can not cove the entire amount which the clinic had applied for, the Board reduces the amounts falling on each clinic according to the principle of purposefulness, taking into account among other things: scope and field of activity of the applicant, its experience, annual average number of the clients, reliability of the substantive and financial reports as well as the plan of the further activity and financing.

19. The division of the sources is discussed by the Board during a closed meeting. If, after distribution of all of the sources, a free amount is left, the distribution resolution includes provisions concerning such an amount. The Board is not obliged to motivation for its attitude toward the grantees.

20. The Board’s resolution concerning the distribution of the sources is overt. The adoption of the resolution requires the majority of 4 votes.

Shifting the sources

21. It is allowed to shift the sources of the budget included in the application in the amount not exceeding 10% of the grant. To shift more than that, the Foundation’s written (under penalty of invalidity) consent must be obtained.

Reports and accounts

22. The clinic is obliged to present financial activity reports in times given above. Final reports are available for the Founders and donors.

23. Unused sources in the budget year are returned to the Foundation and supplies the reserve fund until its full value is reached. After the reserve und is established the unused sources come back to the Foundation‘s budget and are counted as the income of the Foundation.

The contract on the grant’s transfer

24. The financial sources granted by the Foundation will be transferred to the grantee based on the contract. A sample of such contract is attached to the present Regulations. The contract may include additional conditions of the money transfer based on the particular contract between the Foundation and its grantor.

Final provisions

25. In particularly justified situations the Board may, based on the consent of all its members, retract from the deadlines established in the present Regulations.

26. The present Regulations are of the exclusively internal nature and can not be the ground for any claims toward the Foundation. They do not limit or exclude the obligations (included in the financing contracts) imposed on the subjects using the Foundation’s support.

The Statute of the Legal Clinics Foundation

By the notarial deed re. A nr 291/2002 delivered on the 28th of February 2002 in the presence of the public notary Małgorzata Nowosielska in the Notarial Office in Warsaw in Poznańskiej street number 23 flat 2, the Founders: Katarzyna Hebda, Magdalena Olczyk, Łukasz Bojarski, Jakub Boratyński have established Fundacja Uniwersyteckich Poradni Prawnych (Legal Clinics Foundation), hereinafter on “Fundacja” (Foundation).

I. General Provisions

§ 1

1. The Foundation’s name states as  “Fundacja Uniwersyteckich Poradni Prawnych”.

2. In relations with foreign subjects the Foundation might as well, use the translation name: Legal Clinics Foundation.

3. The Foundation holds a status of a legal person.

4. The Foundation conducts its activity according to the provisions of the 06.04. 1984 Foundations Act (Dz.U. Nr 21, poz. 97) and the present statute.

5. The time of the Foundation’s existence is unlimited.

6. The Foundation acts on the territory of the Republic of Poland and outside its boarders.

§ 2

“Uniwersyteckie Poradnie Prawne” (Legal Clinics) shall be understood as clinics active under the supervision of the faculty teachers, in which the students provide free of charge legal advice for the poor members of the community and thus realize the didactical goal of their study.

§ 3

1. The domicile of the Foundation is set in the city of Warsaw.

II. Goals of the Foundation’s activity

§ 4

The Foundation effectuates the following goals:

1) Financial support of the legal clinics’ activity and other programs of practical legal education;

2) Elaboration and promotion of the legal clinics’ activity standards;

3) Elaboration and propagation, in the cooperation with the organs of legislative, executive and judicial authority, of the legal regulations and their drafts covering legal clinics’ activity.

§ 5

The Foundation exercises its goals, in particular through:

1) Gaining financial means and their distribution among legal clinics and other subjects supported by the Foundation;

2) Coordination of the cooperation among the clinics;

3) Supporting international cooperation in the field of practical legal education;

4) Cooperation with public institutions and non-governmental organizations;

5) Contacts with the universities and other educational organizations;

6) Organization of the professional schooling, conferences, presentations, publications;

7) Gaining and processing the statistical data concerning legal clinics’ actions;

8) Gaining and distributing know-how concerning legal clinics’ actions;

9) Propagation of the idea of legal advice for poor persons;

III. Property, income and the financial economy of the Foundation

§ 6

1. The property of the Foundation includes:

1) Initiation fund of 500 (five hundred) PLN, that is financial means and property laws remitted by the Founders in the foundation act.

2) Means acquired by the Foundation in other ways, in particular:

a) grants, that is contracts delivering the objective sources for the statutory goals with the obligation for accounts;

b) donations;

c) successions and legacies;

d) interests form the Foundation’s financial means;

e) fund-raising and public events

3) Guarantee fund created from:

a) 10% of the initiation fund;

b) 10% of the sources from the donations, successions and grants which include such possibility in the contract with the grantor, counted off as the sources come in, until the sources reach the value of triple annual own expenses of the Foundation.

2. The guarantee fund is dedicated to the cover of the Foundation’s own expenses in the years of special reduction of income or to the compensation of losses and it is deposited on a separate banking account.

IV. Organs of the Foundation

§ 7

Organs of the Foundation include:

1) Board of the Foundation (Board),

2) Council of the Foundation (Council),

3) Advisory Board.

Council of the Foundation

§ 8

The Council holds the deciding and control rights.

§ 9

The Council consists of the following groups of members:

1) Academies having legal clinics operating according to the standards and accredited by the Foundation;;

2) Subjects supporting the Foundation’s activity 

§ 10

1. Academies shall be understood as institutes, according to the provisions of the 12.09.1990 Higher Education Act (Dz.U. 1990, Nr 65, poz. 385, amended), holding the right to confer the title of master of law. The academies are represented by the directors of the clinics or by their proxies.

2. The subjects supporting the Foundation’s activity acquire the membership by the resolution of the Council of the Foundation adopted by the simple majority of votes in the presence of at least half members of each group entered into the composition of the Council of the Foundation.

3. Academy, at which the accredited clinic acts, acquires the membership without the resolution, as a result of submitting to the Board a written statement concerning the entrance to the Council of the Foundation. The acquirement of the membership occurs one month after the delivery of the statement to the Board.

§ 11

1. The membership in the Council of the Foundation expires as a result of death, liquidation, handing of the resignation.

2. The membership of the academy in the Council of the Foundation expires also as a result of Council’s resolution regarding the inconformity of the clinic’s activity with the Standards. Such a resolution requires the majority of 75% votes given in the presence of the members of the Council representing at least 75% of the votes.

3. The membership of the subject supporting the Foundation expires also as a result of recall. The recall occurs through a resolution of the Council of the Foundation adopted by the simple majority of votes in the presence of at least half of the members of each group entered into the composition of the Council of the Foundation. The subject does not vote and its absence is not taken into the consideration when counting number of the members required to adopt the recall resolution.

4. In case of expiry of the membership of all the members of given group, other groups acquire an equal percentage status in voting.

§ 12

1. The Council of the Board elects from its members a President through a resolution adopted by the simple majority of votes in the presence of at least half members of each group entered into the composition of the Council of the Foundation. The cadency of the President lasts for 3 years. The President of the Council can hold his function for more than one cadency.

2. The President of the Council of the Foundation chairs the proceedings of the Council, represents the Council, concludes and dissolves labor contracts with members of the Board.

3. In case of a transient obstacle to hold his function, President of the Council appoints a person to fulfill his duties. If the President does not appoint such a person, it is done by the Council of the Foundation in course provided in p. 1.  15, p. 5 does not apply.

4. § 19, p. 5-7 apply in case of the expiry of the President’s mandate.

§ 13

Assignments of the Council include:

1) Setting of the Foundation’s activity programs, after consultation with the Advisory Board;

2) Setting of the Board’s assignments along with their time limit;

3) Establishment of the Board members’ salaries;

4) Supervision over the Board’s actions;

5) Acceptance of the Foundation’s annual financial plans;

6) Acceptance of the Board’s annual reports on the Foundation’s activity annual financial reports and the right of the exoneration of the Board;

7) Establishing the value of the salaries fund for the employees employed by the Foundation;

8) Adopting the rules of the Foundation’s financial sources management.

§ 14

Every member of the Council has an individual right of control over the Board’s actions. This right includes: investigation of all the Foundation’s documents, demand from the Board, employees, and persons cooperating with the Foundation of explanations on the Foundation’s actions.

§ 15

1. The Council of the Foundation assembles at least once a year, at a routine session convened by the Board.

2. A special session of the Council can be convened by the Board in justifiable cases, as well as on the written motion of at least 1/5 of the Council’s members, submitted to the Board latest of 14 days before the proposed date of the session. If, within 3 working days from the day of the submission to the Board, all of the notifications about the special session are not sent out, the proposers of the motion become entitled to convene the session according to the procedure established for the Board.

3. The Board notifies the Council’s members about the time and place of the session in written, with acknowledgement of receipt sent at least 14 days before the fixed date of the routine session. In case of special session, this time is limited to 7 days.

4. The notification of the session includes in particular:

a) date, time and place of the session;

b) agenda;

c) projects of resolutions to be put to the vote;

d) manner of voting for the particular resolutions.

5. The resolution is invalid if adopted outside the agenda, or if its project has not been introduced in the notification of the session.

6. Provisions of p. 5 do not apply, if all the members of the Council are present at the session and they agree, by the simple majority resolution, to put to the vote the project not included in the agenda.

7. The Council of the Foundation can appoint Commissions from its composition.

8. Subject which acquires the membership in the Council of the Foundation, informs the Foundation within 14 days about the address to which all the letters can be successfully delivered. If there is no such information, the President immediately calls the subject to the completion, and in case of longer that 14 days delay, successful delivery can be done in the subject’s domicile or in the place where the subject’s managing organ is situated. If the above data is impossible to establish, the letter can be left, with the result of delivery, to the Board’s disposition. Required information can be completed any time.

9. No more than one mandate can be held in by one person.

§ 16

1. Unless the Statute states otherwise, Council of the Foundation adopts the resolutions at the session, in open vote, by simple majority of given votes. There are only for and nay votes.

2. Every member group holds 50% of votes. The pool of votes falling to the particular group is divided equally among its members.

3. In case of the equal number of votes for and nay, the position of the President of the Council or his proxy is deciding.

§ 17

1. The following procedures of voting are feasible:

a) simple: at the presence of the voting members of the Council of the Foundation;

b) written: by sending the letter personally signed or via electronic mail; use of electronic mail requires the statement to be provided with secure electronic signature verified by the valid qualified certificate as understood in the 18.09.2001 Electronic Signature Act  (Dz. U Nr 130, poz.1450).

c) Validity of the vote in the procedure described in p. 1b depends on the answer’s delivery within 14 days from the day of the resolution project’ s delivery.

The Board

§ 18

The Board manages affairs of the Foundation and represents the Foundation

§ 19

1. The Board consists of 5 persons

2. The cadency of the Board lasts for 2 years. Every member of the Board can held his/her function for more than one cadency.

3. The Board is appointed by the Council. The appointment takes place with the resolution voted by the simple majority of votes in the presence of at least half of the members from each group included in the Council.  The Council appoints the President of the Foundation from the members of the Board.

4. Any member of the Council or any representative of such member, can not have a seat in the Board. Acceptation of such position is tantamount to the suspension of the person’s membership in the Council for the period of the function.

5. The expiry of the mandate of the member of the Board during the cadency takes place in the consequence of death, resignation or removal.

6. Removal of the Board or particular members of the Board, can take place in every time and can be voted with the absolute majority in the presence of at least half of the members from each group included in the Council. The mandate of the Board’s member appointed before the end of the Board’s cadency, expires along with the expiry of the other members’ mandates.

7. Existing Board or Board’s member functions until the new elected Board or Board’s member takes over the duties.

8. Whenever the Board’s cadency ends or member’s mandate expires, every member of the Council has the right to convene the Council’s session in order to appoint a new Board or new member of the Board.

§ 20

Assignments of the Board include in particular:

1) Gaining the sources for the Foundation’s activity;

2) Management of the Foundation’s property according to the rules provided in the regulations adopted by the Council of the Foundation, including distribution of the means to the subjects using the financial support of the Foundation;

3) Preparation of the annual drafts of the Foundation’s financial plans;

4) Preparation of the annual reports of the Foundation’s actions and their presentation to the Council, Advisory Board and to the applicable national education affairs Minister, Minister of Justice,  as well as to the public opinion;

5) Execution of the Council’s resolutions;

6) Control of the legal clinics’ actions and their conformity with the standards mentioned in § 26;

7) The right of the motion for the ascertainment of the clinical activity’s conformity or inconformity with the standards;

8) Creation of the organizational units of the Foundation;

9) Establishing the rules of employment, salaries and other gratification for the employees of the Foundation as well as for other persons cooperating with the Foundation;

10) The right of motion for changing the amount of the salaries fund.

§ 21

1. Actions of the Foundation’s affairs are led by the President of the Board.

2. The Council’s sessions are convened by the President of the Board, who can commit this action to a member of the Board.

3. Matters exceeding the scope of regular functions require a previous resolution of the Board. Such matters include in particular:

a) matters described in § 20, p 3,4,7,9;

b) matters concerning the property of the Foundation – including contracting the obligations – which object exceeds equivalent of 2000 EURO.

4. The President of the Board notifies the members of the Council about a resolution conferring or declining financial support of the Foundation or conferring the sources to the subject which uses the financial support of the Foundation or applies for it. Within 30 days from the delivery of the resolution’s text to all its members, the Council can, by the resolution adopted by the majority of 75% votes at the presence of the subjects representing at least 75% of the votes, reverse the Board’s decision. Until the day of resolution’s adoption or the time-limit to do so, the Board does not take any actions to enforce the resolution.

5. The Board carries the resolution, by simple majority of votes in the presence of at least 3 members.

§ 22

1. The President of the Board himself or two members of the Board acting together are entitled to present the declaration of will on behalf of the Foundation.

2. Cooperation of the President of the Board and at least two members of the Board is required when the resolution of the Board is required.

The Advisory Board

§ 23

The Advisory Board states as consultative and advisory body.

§ 24

1. Persons whose competence and authority are essential to the Foundation’s activity can be members of the Advisory Board.

2. The Advisory Board’s members are appointed and dismissed by the Council by the vote of absolute majority in the presence of at least half of the members of every Council’s group.

3. The Advisory Board’s members receive the Board’s reports on the Foundation’s activity mentioned in § 20, p.4.

4. Every member of the Advisory Board has an individual consultative and advisory right.

V. Finance of the legal clinics and other subjects

§ 25

1. The legal clinics and subjects contesting for the financial support of the Foundation file applications for financial grants on the realization of the program’s assignments and the costs of the activity.

2. The Board verifies these applications considering the advisability of the costs as well as the previous years’ effectiveness and reliability in financial grants management.

3. The Board forms consolidated applications for financial grants to the Founders and donators.

4. Acquired means are distributed by the Board among the applicators. If acquired means can not cover all the applicators’ requests, the Board reduces amount falling on every accredited legal clinic according to the reliability rule.

5. Legal clinics file annual financial reports which are offered to the Founders and donators.

6. Legal clinics’ obligation mentioned in p. 1 does not exclude the Board’s individual right of application for the financial grants to the Founders and donators, independently form the clinics’ applications.

7. The Council of the Foundation, within 3 months from the day of valid registration of the Foundation, adopts the regulations of the financial sources management. Regulations will establish particular rules of the Foundation property’s management and the distribution and clearing of the sources granted to the subjects using the financial support of the Foundation.

8. Foundation can not provide financial support to the clinics, which activity is not consistent with the Standards. Present provision does not exclude a single financial support for the establishment of a new clinic.

VI. Legal clinics accreditation

§ 26

1. The Board establishes a draft of the legal clinics activity’s standards (Standards) with regard to the following requirements:

a) legal clinic assures reliability of the offered services;

b) legal advice offered in the legal clinic is free of charge;

c) legal clinic assures necessary confidence regarding its services;

d) legal clinic assures safety of the documents committed by the clients; legal clinic does not accept the original copies of documents;

e) legal clinic runs a secretariat according to the extent of its activity;

f) before accepting the case, legal clinic informs the client in written about the rules of the clinical services, in particular stating that:

-         student is a person taking the case,

-         student and the legal clinic’s worker can not refuse to give evidence or answer a question of the court, prosecutor or any other authorized organ,

-         legal clinic does not take cases in which an advocate or counsel of law already participates,

-         the client has a right to turn any comments on the given legal advice to the Board of the Foundation,

-         legal advice is given in written;

g) legal clinic sets a qualifying procedure regarding their clients which is to assure that the client can not afford payable legal advice; in case of circumstances showing that the client can afford such a service offered by an advocate or counsel of law, legal clinic immediately resigns the case;

h) legal clinics sets, according to the proper rules of law, information system on the clients which is to guarantee minimal risk of the conflict of interests;

i) legal clinic is obligated to conclude an insurance contract on the liability for damages, the guarantee amount can not be lower than 10.000 EURO;

j) legal clinic assures the supervision of the Faculty’s workers over the clinic’s activity.

2. Before creating the draft of the Standards, the Board will call the Council and the Advisory Board to submit, in 3-months period, their proposals of the Standards.

3. The Council of the Foundation adopts the Standards.

4. There may be a transition period included in the Standards for the legal clinics to adapt their activities to the proper requirements. 

5. On application of the 1/3 of the Council’s members representing at least 75% of the votes, the Council may pass a resolution concerning the changes of the Standards.

§ 27

1. On application of a registered clinic, the Board opens the procedure controlling the conformity of the clinic’s activity with the Standards. After examining whether the clinic fulfils the requirements described in § 2 and § 26, the Board submits to the Council of the Foundation an application to approve the conformity of the clinic’s activity with the Standards.

2. The Council of the Foundation passes a resolution on the approval of the conformity or inconformity of the clinic’s activity, on the application of the Board. The university, at which the legal clinic accredited by the Foundation operates, acquires the membership in the Council according to the procedure provided in the § 10, p. 3 of the Statute.

3. In case of inconformity of the clinic’s activity with the standards the Board can, at any time, introduce to the Council of the Foundation an application for exclusion from the Council.

4. The right to introduce an application mentioned in p. 3 applies also to every member of the Council. The application is submitted to the Council and the Board investigates, at appropriate time, the conformity of the clinic’s activity with the standards and on this basis draws an opinion including its own attitude towards the case. The opinion is attached to the application.

5. In order to consider the application, the Board immediately calls the Council’s session. If the application of the Council’s member is not submitted to the Council within 30 days from its submission, every member of the Council acquires the right to call the session.

6. In order to investigate the conformity of the clinic’s activity with the Standards, clinical regulations, reports, statements and other documents can be required to present and, if needed, the Board can control the activity of the clinic directly.

7. The Council of the Foundation provides the concerned clinic with a possibility of an active participation in the procedure regarding the conformity of the clinic’s activity with the Standards. The Council allows the clinic to comment on the collected materials and the application before passing the resolution.

8. The Board delivers the resolution along with the interpretation concerning the conformity with the Standards to the concerned clinic and members of the Council of the Foundation.

VII. Cooperation with legal clinics

§ 28

In order to achieve the statute goals, the Foundation may commit realization of the particular affairs to the legal clinics, assuring the means to cover necessary costs.

VIII. Temporary and Final Provisions

§ 29

1. During the first year of the Foundation’s activity, the Council of the Foundation consists of the Founders as temporary members. Other members are regular members.

2. The Founders’ mandates expire within a year from a day of a valid registration of the Foundation.

3. After admission of the first regular members to the Council, the Founders create a temporary group with 50% votes in the Council. The other votes belong to other members of the Council. In every group, the votes of all its members have the same proportional value. Each member of the Council votes individually.

4. Until the expiry of the Founders’ mandates, the resolutions of the Council are adopted by the simple majority of votes, when at least half of the Founders and half of other members vote. In case of the equal number of votes for and nay, the deciding votes belongs to the Founders.

5. In period of one month from the expiry of the mandate mentioned in p. 2, the Founder can submit to the Council a declaration of accession to the Council as a regular member. Presentation of such a statement in given time causes the Founder to become a regular member – that is a subject supporting the Foundation’s activity as understood in § 9.

§ 30

The assignments of the Council of the Foundation during the first year of its activity include in particular:

a) adoption of  the standards of clinical activity

b) appointment of the first Board

c) granting the membership in the Council of the Foundation

d) adoption of the regulations concerning the rules and methods of the financial sources management of the Foundation, including the criteria of the distribution of such sources among the clinics and other subjects.

§ 31

1. The statute can be changed by the resolution of the Council of the Foundation adopted by the absolute majority of given votes, in the presence of at leas half members of each group included in the Council.

2. The change of the statute can not concern the goals stated in the founder’s act. 

§ 32

1. The Council of the Foundation decides upon the liquidation of the Foundation in the resolution adopted by the ¾ majority of votes in the presence of all the members.

2. The Board is the liquidator of the Foundation.

3. The duties of the liquidators include:

a) submission of the liquidation petition to the register court,

b) calling, in way of press announcements, of the Foundation’s creditors, to report within the 3 months from the announcement date,

c) drawing a balance of the liquidation opening and the list of creditors,

d) drawing a financial plan of the liquidation and the plan of satisfying the obligations,

e) recovering the debts, fulfilling the obligations and realizing of the Foundation’s property,

f) remitting to the indicated subjects property means left after the creditors had been satisfied,

g) submission to the register court of the liquidation’s completion along with the petition to erase the Foundation form the register.

4. The property means created after the liquidation of the Foundation shall be delivered, in equal parts, to the legal clinics which are members of the Council to continue their didactical activity.

Interesting websites

Foreign sites:

Global Alliance For Justice Education www.gaje.org

Public Interest Law Network www.pilnet.org

Society Justice Initiative www.justiceinitiative.org

European Network for Clinical Legal Education www.encle.org

European Pro Bono Alliance www.europeanprobonoalliance.org

The Foundation Center - Finding Founders www.fdncenter.org/funders

Bund Studentischer Rechtsberater (Germany) www.b-s-r-b.de

Law Works (United Kingdom) www.lawworks.org.uk

South African University Law Clinics Association (South Africa) www.saulca.co.za

Clinical Legal Education Association (USA) www.cleaweb.org

Commonwealth Clinical Legal Education Association (Commonwealth) www.clea-web.com

Network of University Legal Aid Institutions (Nigeria) www.nulai.org

Ukrainian Legal Clinics Association (Ukraine) www.facebook.com/groups/ALCUkraine

Ukrainian Legal Aid Foundation (Ukraine) www.ulaf.org.ua

Center for Legal Clinics Development (Russia) - Центр развития юридических клиник www.codolc.com

 

Polish sites:

Stefan Batory Foundation www.batory.org.pl

Polish NGO's portal www.ngo.pl

Centre of Non Governmental Organisations SZPITALNA www.szpitalna.ngo.pl

Database of Polish NGO's bazy.klon.org.pl

Polish-American Freedom Foundation www.pafw.pl

Pro Publico Bono contestwww.propublicobono.pl

The Institute of Public Affairs www.isp.org.pl

Union of Citizens Advice Bureaux's www.zbpo.org.pl

Polish Association of Legal Education www.psep.pl

European Law Students' Association ELSA Poland www.elsa.org.pl

Helsinki Foundation for Human Rights www.hfhr.pl

Pro Bono Center www.centrumprobono.pl

Ministry of Foreigne Affairs of Poland - Polish Aid Program www.polskapomoc.gov.pl

Association for Legal Intervention  www.interwencjaprawna.pl

 

 

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Tasks of the Legal Clinics Foundation

The Legal Clinics Foundation holds a task of financing the activity of legal clinics in Poland but it also strengthens the future potential of the program. To achieve these goals several actions will be undertaken to standardize the activity of the clinics and to keep a sufficiently high level of clinical education. According to the Statute, the Foundation will achieve its goals particularly through: supporting the cooperation among the clinics, supporting the international cooperation in the field of practical legal education, organizing the conferences, seminars, presentations, publishing, gaining and processing of the statistical data concerning the legal clinics' actions, gaining and distributing the know-how concerning legal clinics' organization, propagation of the idea of legal advice for the poor persons.

Clinical program in Poland is the best developed one in the region. There is a great chance to share the experience and initiate establishment of new legal clinics in other countries. A workshop and conference program for the guests from Central and East Europe should be considered. Such a regional event would help to exchange the information, knowledge and experience about clinical education.

To develop and improve the program we have build up and strengthen connections with American academic centers. It includes continuing cooperation with Georgetown University, Catholic University of America from Washington DC and Columbia University from New York. Several of Polish faculty members and students participated in clinical events organized in the USA and some of American professors participated in conferences and seminars organized in Poland. Such an exchange is extremely important, as we understand that these events, run by the people and institutions with years of experience, are the best source of information on clinical education.

Due to the fact that the most important part of the program considers providing legal aid to people who cannot afford it from legal advisor or advocate, the Foundation will focus on continuing education of faculty teachers and students working at the clinic. Responsible persons are also interested in broadening the interest spectrum and include other fields of law and more students into the program.

A continual information campaign about clinical program directed to municipal and state offices is of a high importance. It would promote clinics as serious and stable institutions and get a support on the local and national level.

In addition, we plan to improve the form and quality of the program. We believe there is a strong need of cooperation among clinics on national and international level as well as with non-governmental organizations. These contacts are to promote the idea of clinical education among the institutions and organizations and to reach to the people who need clinical advice.

The Board of the Foundation prepared future actions including:
- organization with cooperation with clinics of the summer internships at law firms; clinical graduates could combine the internship at law firm with work at clinic, patrons from law firms could supervise their clinical work,

- crediting work at the clinic as professional internships,

- involvement of law firms and offices in present essential, financial and sometimes material help (i.e. donations of old computer equipment),

- establishment of forum for law firms and companies to start discussions of common concern, including legal education reform and improvement of the system of free access to justice,

- a long term task is Parliament's work and adoption of Legal Clinics Act that has been prepared nad updated.

All of the actions of the Board as well as of the individual clinics are introduced and promoted via discussion list at This email address is being protected from spambots. You need JavaScript enabled to view it. and will be posted on the website www.fupp.org.pl.

Every clinic's evaluation will be based on merit and financial reports as well as on detailed inquiry. By gathering and processing of the statistical data it is possible to compare them and describe trends and directions towards which the clinics should evaluate.

The Board of the Foundation will gather all materials concerning legal clinics' activity in Poland and abroad and create archives of publications and articles. Polish Legal Clinics Foundation is supported among others by: the NGO'S Center-CENTRUM SZPITALNA, Stefan Batory Foundation, Open Society Legal Institute (OSI Legal Institute), Public Interest Law Network (PILnet), European Law Students Association-ELSA Poland.

Activities planned for the future

After the initial years of work relating to incorporating the Foundation, carrying out a number of important projects and realizing objectives relating to supplying financial and professional support to legal clinics, beside granting activities, the Foundation is undertaking now a number of educational and other activities aimed at strengthening the legal clinics. These initiatives will focus on:

  1. professionalizing and standardizing the clinics' operations,
  2. publishing activity,
  3. coordinating and perfecting cooperation between clinics,
  4. keeping an archive of publications relating to legal clinics and keeping statistical data,
  5. improving the supply of IT and other equipment,
  6. promoting legal clinic activities,
  7. forging and strengthening international cooperation,
  8. lobbying for reforms of legal corporations,
  9. works aimed at incorporating legal clinics into the Polish legal system,
  10. monitoring of the application of law and quality of new laws,
  11. complementing the clinics' activities in relation to the phenomenon of corruption,
  12. broadening the scope of clinics' activities by introducing advising to women and nongovernmental organizations.


Professionalization and standardization of clinic activities - this is scheduled to be the key objective for the future. Reaching this objective will first of all strengthen the position of the individual clinics and secure them with a stable future and appreciation within the legal community. This objective will be accomplished through subsidizing training, conferences, seminars and publications.

Publishing activity - following the first manual entitled: "The Legal Clinic - the Idea, Organization, Methodology," the Foundation is planning to publish other textbooks focusing exclusively on the methodology of teaching law in legal clinics. 

Coordinating and perfecting cooperation between clinics - this objective will be reached mainly through the participation of clinic representatives in country-level meetings and the personal contacts of the Board of the Legal Clinics Foundation with the staff of the various clinics (for example all clinics will be visited on a regular basis, in Warsaw cyclical training of clinic staff will be held). Moreover, the Board of the Foundation wishes to maintain the tradition of organizing two yearly Polish Legal Clinics Conferences.

Keeping an archive of publications relating to legal clinics and keeping statistical data - the Board of the Foundation shall collect all materials relating to the activities of legal clinics in Poland and abroad thus building an archive of publications and articles. Collecting of half-yearly and yearly reports and of statistical data on the activities of the clinics will make it possible to obtain comparative data, and to determine the trends and directions in which legal clinics should evolve. This data will also present a statistical profile of clients, which will make it possible to determine whether clinics make correct choices as to the type of advice and legal information they offer.

Improving the supply of IT and other equipment - regranting subsidies and in-kind donations from corporations and law firms will allow to organize grant competitions for legal clinics in Poland. The equipment purchased will be supplied to developing and newly forged clinics.

Promoting legal clinics activities - fulfilling this objective will both serve the clinics (building a positive image) and enhance the clinics' ability to reach clients. To this end leaflets will be printed to inform of the activities and the addressed of legal clinics in Poland, cooperation will be forged with the largest law firms and legal corporations and the website will be continued and updated. It is also important to continue the information campaign about legal clinics targeted at local governments and state administration, so that legal clinics are considered a permanent and serious institution. Administration offices should learn to trust and appreciate legal clinics, which will encourage them to lend the students every assistance when students approach those offices on behalf of their clients.

Forging and strengthening international cooperation - the Polish program of clinical teaching of law is at present one of the leading programs of the kind in our region, it should therefore share its experience and initiate the creation of new clinics in the region. In the near future it should be considered to invite guests from other countries of Central and Eastern Europe to participate in trainings, courses and study visits. Representatives of the Foundation take part in international clinic-related conferences.

Lobbying for reforms of legal corporations - this objective will focus on lobbying  for changes in a number of regulations that hinder the functioning of legal advising organizations in Poland. Furthermore, our Foundation would like to carry out a program to encourage practicing lawyers to undertake pro publico bono work. It will require lengthy preparation and will be preceded by a pilot program in which selected nongovernmental organizations will be prepared to receive the assistance of practicing lawyers and to conscientiously cooperate with the regional lawyers' legal advisers' corporations. Moreover, this objective is already being fulfilled by the organization of the yearly "Pro bono Lawyer" Competition.

Works aimed at incorporating legal clinics into the Polish legal system - on the basis of a first draft law on legal clinics, prepared in 1998 by the Legal Clinic in Kraków, the Foundation Board has presented an amended version thereof to the Ministry of Justice. In its principle the new law shall give due consideration to the character of clinical work and shall furnish it with special rights.

Monitoring of the application of law and the quality of new laws - a task of great importance indeed, and one that requires special attention and thorough preparation. The first segment of that project comprises the monitoring of law, the very function our Foundation intends to perform. A similar objective has been assumed by the Nongovernmental Advisory Platform, of which our Foundation is one of the leaders. Therefore, this task may become significant not only to our Foundation but also to cooperating organizations. To aid the effective fulfillment of this task, the Board has prepared a tool in the form of a reporting questionnaire to be filled out by the clinics.

Complementing the clinic's activities in relation to the phenomenon of corruption - the Legal Clinics Foundation sees the need to join the efforts to monitor the phenomenon of corruption. It will be possible to collect information on conditions that provoke corruption and on cases of corruption from the network of clinics in Poland. For this very reason this issue was included in the Questionnaire to report on the application of the Legal Clinics Foundation subsidy. After the questionnaire is collected it will be possible to analyze and publish its results in the form of a report.

Broadening the scope of clinic's activities by introducing advising to women and nongovernmental organizations - this issue is already present in the clinics' activities. The Questionnaire to report on the application of the Legal Clinics Foundation subsidy makes the distinction between female and male clients, so that after the questionnaires are collected it is possible to generate information on female clinic clients and their problems. A similar solution has been applied to the issue of cooperation with nongovernmental organizations. The information collected will give us additional information on the needs of nongovernmental organizations. At the same time we wish to activate clinics and encourage them to deliver assistance to the organizations of the third sector.

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