The Law Firm provides comprehensive legal services to companies and individual clients in the following practice areas:
selected aspects of family law, inheritance law;
Real estate law
including the issues of reprivatisation claims;
(including corporate law – legal advice regarding day to day corporate and business operations;
before the courts and public authorities and in arbitration in civil, commercial, and administrative matters;
representing clients before the prosecution office and courts in criminal matters, including white collar crime, extradition and the European Arrest Warrant;
Banking and finance
and legal assistance in additional issues related to the financial market;
In EC business law and regulation; EC competition law;
German law and English law;
SERVICES AND AREAS OF PRACTICE REAL ESTATE LAW
We provide the following legal services:
- providing legal advice on real estate law;
- preparation and conducting sales and purchases of real estate on the real estate market (drafting preliminary and final contracts of sale); conducting due diligence of companies; businesses and other entities, which are the owners or perpetual usufructuaries of real estate, including checking the documents placed in the land and mortgage register, including documents deposited in the archives; detection of reprivatisation claims filed in relation to the property;
- problems connected with local zoning plans and the decisions on the conditions of land development;
- problems connected with the evidence of the land and buildings;
- problems connected with the land and mortgage register;
- problems related to the construction process, including those related to construction contracts
- wind farm development projects;
- preparation and verification of lease agreements for office space, retail space in shopping malls and elsewhere, and in warehouses;
- preparation and verification of lease and leasing agreements on the property;
- issues connected with the establishment of the limited rights and third-party rights over the property;
- issues connected with real estate financing;
- representation of clients before the courts in real estate matters, including the procedures before the land and mortgage register courts; regulating the title to the land (i.e. acquisitive prescription, cancellation of joint property); conducting procedures aimed at restoring title to the land or obtaining compensation (Warsaw land, residences and castles, agricultural reform, properties located in the former territory of the Republic of Poland);
- administrative and court-administrative proceedings related to decisions issued in relation to real estate (e.g. road expropriation decisions), real estate restitution proceedings;
- obtaining permissions of the Minister of the Internal Affairs and Administration for the purchase of real estate by a foreigner;
- other issues connected with real estate; conducting negotiations connected with real estate, including contracts for real estate brokerage – sales
One of the foundations of law office of Marcin Piechocki is an approach to civil law a with an international look at legal matters and comparative attitude to institutions present in other European countries, such Germany, Switzerland, Austria, Sweden, Italy, England and also in the United States and Canada
We provide the following legal service in this area:
- negotiating and drafting terms and conditions of civil and commercial contracts;
- giving legal advice in the areas of civil law, contract law, law of obligations;
- giving legal advice related to the contract formation on the Internet;
- the evaluation of cases with a view to the possibility to obtain compensation; conducting the cases aimed at obtaining a compensation for a breach of contract or tort/ delict; non performed contracts and from insurers;
- giving legal advice in the areas of family law and conducting the cases regarding divorce; a separation, an annulment of marriage; awarding alimony; a cancellation of joint matrimonial property of spouses (in the court proceedings and before a notary);
- giving legal advice in the areas of inheritance law and conducting cases regarding inheritance matters such as: confirmation of the acquisition of an inheritance; distribution of the estate; proceedings regarding the claim for a legitimacy; problems connected with wills or intestacy;
- conducting court and extrajudicial activities aiming at the protection of the personal interests of individuals (artists) and legal entities; conducting activities connected with unfair competition;
- delivery of expert academically sound legal opinions in the areas of civil, commercial and company law taking into account literature and decisions of the Supreme Court of Justice, opinions are based on the accumulated intellectual capital and literature.
COMPANY LAW AND COMMERCIAL LAW
We provide inter alia the following legal services:
- setting up companies, foundations and associations including their registration in the National Courts Register; drafting the statutes and articles of incorporation; drafting statutes of foundations and associations, according to the instructions of the Client; appointments and dismissals of management board and supervisory board members of companies, foundations and associations;
- practical legal advice regarding the day to day corporate and business operations pertaining all areas of law;
- due diligence of companies for purchasers and sellers of companies (corporate due diligence);
- preparation of increases and decreases of the share capital of limited liability and joint stock companies;
- preparation of drafts of protocols of the Shareholders/Stockholders Meetings regarding the closing of the financial year of a company; of the Supervisory and Management Board meetings; including the necessary permissions for the sale/purchase of real estate and shares in a company, etc.
- preparation of other corporate documents (regulations, by-laws);
- preparation of share sale agreements;
- conducting the cases regarding company law disputes, including cases regarding the civil and criminal liability of management board members;
- liquidation of companies, associations and foundations;
- giving legal advice and supervising the execution of commercial agreements.
- preparing, giving opinions and supervision as well as advice on the performance of contracts in international trade, concluded in the scope of delivery of goods, distribution agreements, storage contracts, orders,
- real estate lawyer verifying international joint venture agreements and other contracts for project development;
- assistance in properly choosing the appropraite law and jurisdiction of the court or arbitration clauses for contracts concluded in an international trade;
DISPUTE RESOLUTION/ ARBITRATION
A key foundation of the law office Marcin Piechocki is based on his experience in litigation/arbitration in the foremost litigation practice in Poland, Wardyński & Partners, and his Bar training under the supervision of advocate dr Zbigniew Banaszczyk ,considered to beone of the best Polish litigators/arbitrators and civil lawyers.
We provide inter alia the following legal services in this area:
- conducting civil and commercial law disputes, including labour law disputes before the courts of all instances and the Supreme Court of Justice; including representing Clients in the protective proceedings (to secure a claim) and execution proceedings; conducting arbitration proceedings;
- conducting proceedings for payment (debt recovery proceedings); conducting proceedings to award damages; conducting proceedings to protect infringed intellectual property rights;
- preparing applications for declaration of bankruptcy, reporting claims in bankruptcy proceedings; other activities in bankruptcy proceedings;
- conducting administrative proceedings before public administrative and local administrative bodies; representing Clients before the Voivodship Administrative Court and the Supreme Administrative Court; drafting appeals and complaints from administrative decisions; drafting application for declaring a decision invalid;
- evaluation of litigation standing/position/situation of a party; evaluation of the legitimacy of a claim and occurring legal risks; elaborating litigation tactics and tactics of a hearing of evidence;
- drafting and filing appeals from the judgments of common courts of law and courts of arbitration (complaints, appeals, cassations).
- Verification of the course, analysis and supervision of court proceedings conducted in all English and German-speaking countries, also together with local foreign law offices.
We provide the following legal services in this area:
- representing clients in the selected criminal cases, tax criminal cases, misconduct cases – in a preparatory proceedings before the Prosecution Office and in a court proceedings; it includes an activity in the capacity of a defender, a plenipotentiary of an auxiliary prosecutor, a civil plaintiff, drafting and filing appeals from the judgments of the criminal courts;
- preparing notifications about the possibility of committing a crime, mediation in criminal proceedings,
- special experience in handling criminal cases related to the extradition of Pol–nd – the United States, the European Arrest Warrant (EAW);
- preparation of the compliance analysis for the entrepreneurs and the companies, which shall eliminate the risk of the infringement of the criminal law (compliance analysis)
EUROPEAN BUSINESS LAW INCLUDING EUROPEAN COMPETITION LAW
As a result of the international education gained during his studies in England and Germany, as well as his stage at the European Court of Justice in Luxembourg, Advocate Marcin Piechocki has substantially expanded his knowledge of European law.
The law firm of advocate Marcin Piechocki is able to provide services and issue opinions in the area of European business law, European competition law and European contract law, taking into account literature and case law of the European Court of Justice and the General Court (formerly the Court of First Instance).
BANKING AND FINANCE
In London and in Oxford advocate Marcin Piechocki had a chance to experience the world of international finance, especially in the area of secured lending. He has completed a Global Comparative Financial Law course by Prof. Philip Wood with the opportunity to deepen the knowledge in this area and to use it subsequently in a practical context. In particular, attorney Marcin Piechocki became interested in the method of securing bank claims (secured lending).
We provide the following legal services in this area:
- advice on banking law and financial law;
- providing legal advice for banks regarding the ongoing corporate and business operations pertaining all areas of law;
- conducting litigation for banks;
- drafting of credit agreements for banks and other security agreements connected with granting a credit (i.e. a registered pledge agreements, documents on the establishment of an ordinary and capped mortgage; an assignment of rights and claims from an agreement (i.e. from an insurance policy); bank deposit agreements;
- preparation of a report for the World Bank: “Doing Business in Poland: Secured Lending”.
THE FOREIGN LAW - ENGLISH LAW AND THE GERMAN LAW
- advice on English law – contract law, preparation and verification of contracts under English law in the course of business, preparation of trust contracts; agreements for the sale and purchase of shares in companies with foreign entities under English law; joint venture agreements under English law or other Common Law provisions;
- advice in the field of German civil and commercial law; verification of commercial and trade contracts in German;
- establishing companies under German law;
- running litigations in the command mode in Germany.