In a decision dated 28 August 2012 the Court of Appeals in Rzeszów took into account the complaint developed by the Office against the decision of the District Court in Krosno to refuse to appoint a representative from the office. The Court of Appeals agreed with the opinion of the Office, according to which the complexity of the legal right share proceedings and also often the need for an extensive evidence proceedings and complex legal issues cause that a professional representative is necessary. The Court of Appeals emphasized that: "an action for legal right share often involves multi-thread evidence proceedings and an active participation of the parties in the trial. This includes issues of property sphere of the parties, thus their course is often complicated and requires specialist knowledge.”
In the above decision the Court, unlike the previous judicature, ruled that not individual qualities of the party, but the nature and the purpose of the proceedings are decisive in establishing the need for the participation of a solicitor or a legal advisor. Full text of the decision is available on the website of Courts Judgements Portal at:
http://orzeczenia.ms.gov.pl/content/$N/154000000000503_I_ACz_000548_2012_Uz_2012-08-24_001