Polish patent attorneys, case I CSK 481/09

June 25th, 2010, Tomasz Rychlicki

The Supreme Court in its judgment of 16 June 2010, case file I CSK 481/09 held, that a party to the proceedings may request from its legal representative to compensate for damages only if the representative did not act diligent and failed to meet the prevailing standard of competence in his or her work on client’s behalf. The court pointed out that the representative (advocate, patent attorney) is responsible for the due care, and not for the result of the case. The fact that a representative has been unsuccessful in conducting a case, even if the reasoning of a judgment indicates that this was the result of his or her mistake, it does not mean legal malpractice, and that the client can claim compensation for the loss suffered by the this injury.

The final ruling is binding not only for the parties and the court which issued it, but also to other courts and public bodies and authorities, and others in all cases provided for in the law. This is called “material validity of the judgment”, also known as “extended validity”.