Court Proceedings Representation
Litigation is architecture, not alchemy. Every successful judgment rests on foundations laid months before trial—in the strategic selection of legal theories that align with jurisprudential currents, in the meticulous construction of evidentiary narratives that withstand appellate scrutiny, in the anticipation of procedural crossroads where cases are won or lost on motions rather than merits.
Courts do not reward the righteous; they reward the prepared.
The difference between favorable and unfavorable verdicts often lies not in the substance of underlying rights, but in how those rights are framed within established precedent, how evidence is sequenced to create persuasive momentum, and how procedural mechanisms are deployed to shape the battlefield before substantive arguments are ever heard. District courts establish facts. Appellate courts correct legal errors. The Supreme Court shapes doctrine. Each forum operates according to distinct institutional logic, and successful litigation requires matching strategy to the specific decision-making framework at each tier.
Comprehensive Litigation Strategy
Pre-Litigation Assessment and Strategic Planning
- Judicial Precedent and Forum Strategy: Systematic analysis of jurisprudential trends in analogous matters, including verdicts rendered in comparable factual scenarios, appellate treatment of similar legal issues, evolution of statutory interpretation through published opinions, identification of split authorities and emerging doctrines, and assessment of evidentiary standards applied in parallel cases. This analysis informs case theory development, identifies potential pitfalls based on historical outcomes, and enables realistic risk assessment grounded in demonstrable judicial patterns within the applicable legal domain;
- Adversarial Analysis and Counter-Strategy Development: Identification of probable legal theories and evidentiary approaches based on the nature of the dispute and applicable law; assessment of procedural vulnerabilities and substantive weaknesses in anticipated claims or defenses; development of preemptive counter-arguments to foreseeable positions; strategic positioning to exploit gaps in opposing legal theories; and formulation of alternative case narratives that undermine adversarial contentions while reinforcing client objectives.
Procedural Advocacy Across All Judicial Forums
Skarbiec Law Firm architects and executes the full spectrum of procedural documentation required across Poland’s multi-tiered court system, from initiating actions through extraordinary remedies.
Principal Actions and Responsive Pleadings
The firm drafts statements of claim, counterclaims, and defensive pleadings across diverse substantive areas, including actions for protection of personal rights and non-pecuniary interests; dissolution of general partnerships; annulment of shareholders’ resolutions; court-ordered separation of marital property; exclusion of shareholders; and oppositions to enforcement proceedings.
Appellate Advocacy
Skarbiec Law Firm handles the complete appellate process, preparing appeals and interlocutory appeals to courts of second instance, cassation complaints to the Supreme Court challenging final judgments on points of law, and actions for declaration of unlawfulness of final administrative decisions before administrative courts.
Special and Summary Proceedings
The firm manages specialized procedural mechanisms, including oppositions to payment orders issued in summary proceedings, applications for intervention as a party (both principal and accessory intervention), and motions in non-contentious proceedings such as applications for termination of co-ownership.
Insolvency and Restructuring Proceedings
Skarbiec Law Firm prepares bankruptcy petitions and related insolvency documentation on behalf of creditors and debtors navigating Poland’s insolvency framework.
Registry and Public Record Applications
The firm handles applications for entries, amendments, and deletions in the Land and Mortgage Register; applications for registration, amendments, and deletions in the National Court Register (KRS); and applications concerning the Register of Pledges.
Alternative Dispute Resolution
Recognizing that litigation is not always the optimal path, the firm initiates applications for mediation and conciliation proceedings where negotiated resolution serves client interests.
Recognition and Enforcement of Foreign Judgments
Skarbiec Law Firm manages cross-border enforcement matters, preparing applications for declarations of enforceability of foreign court judgments and applications for recognition of foreign judgments under applicable bilateral and multilateral treaties.
Evidentiary and Interim Relief
The firm secures procedural advantages through applications for preservation of evidence prior to trial and motions for interim measures protecting client interests during pending litigation.
Extraordinary Remedies
When circumstances warrant departure from res judicata principles, Skarbiec Law Firm pursues motions for reopening of proceedings (restitutio in integrum) based on newly discovered evidence or procedural irregularities, and applications for annulment of arbitral awards on statutory grounds.
Administrative Complaints and Objections
The firm challenges procedural irregularities through complaints against decisions of court registrars, complaints concerning bailiff conduct and enforcement procedures, and objections to payment orders in enforcement proceedings.
