This old clue is frequently not followed, and it is not just a substance of inability.
In 1 of the last civilian cases – not the simplest one, due to the fact that it afraid financial settlements against the background of a contractual punishment dispute (pthe establishment of the ultimate Court – civilian Chamber of 11.1.2024, I CSK 4951/22, Legalis) – refusing to accept a cassation complaint, The ultimate Court in the individual of justice Paul Grzegorczyk pointed out, among another things, that the apparent merits of the complaint contradicts the application for its acceptance to be examined covering respective twelve sides of the arguments, the multiplicity of the arguments reproduced, which deprives the complaint of the power of persuasion and frequently its effectiveness.
Straight and clear.
So we're asking experienced lawyers what they think of that remark by SN.
– The justice cannot be bored, and he will not be curious in the black print of the page of appeal or cassation, which do not contain reasonable arguments. We have no precedent, so accusing judges with a cascade of judgments downloaded from the net and pasting them doesn't make sense – says Jerzy Naumann, lawyer. – It is only the thought of unethical lawyers who so make invoices, especially those of corporate clients whose spending is alternatively indifferent. However, these tricks are known to the judges due to the fact that the writings they submit sometimes number respective 100 pages.
Piotr Nowaczyk, a lawyer, advises lawyers to compose trial papers so that a 14-year-old can realize and the problem, and what the author cares about. He recalls that Ryszard Kapuściński, erstwhile he was a PAP correspondent in 3rd planet countries, had a budget of $100 for a wire to the editorial office. From this came his very concise kind of writing about hard matters. Lawyers should compose anyway.
At 1 time, the ultimate Court had a ten-minute limit for 1 of the parties to speak. I was a witness erstwhile the justice interrupted his lawyer in the 11th minute.
According to Radosław Górski, a legal adviser, a lawyer must not forget the drafting of the pleadings clearly and clearly, due to the fact that any doubts of the court may importantly prolong the judicial process. At the time of filing a lawsuit, however, the lawyer does not know which justice he will go to, and cannot presume that he will happen to know the case law and the views of the doctrine in the case in question. Therefore, it is correct to mention at least the most crucial judgments and views of doctrine (but not to copy their content).
The justice will dig up the sense
And what should a justice read a spoken text or even a gibberish do? – we ask Mr Naumanna.
– Even if the magazine is found to be 90 percent unnecessary, if there is simply a thought in its content that inspires the judge's analysis, then talent, experience and skill of the justice may be adequate to make it not the consequence of cleverness, graspes calculated to confuse or bore the judge. The question is whether the judges are sufficiently experienced.
Roman Nowosielski, lawyer
The apparent merits of the cassation complaint should be seen by everyone. So he does not gotta number respective twelve pages, and a lawyer or counsellor should be able to compose it succinctly and clearly to convince the justice that the contested judgement is flawed, unfair. The court must not be forced to excavat from an extended letter (similar to an oral statement) of arguments and this applies to all courts. deficiency of this professionalism frequently results in losing the case, which hits the trial, the client. That is why there is specialization in multi-stakeholder offices, and extra lawyers are assigned to more serious cases or even trials, as 1 is better at writing procedural papers and another in speaking before a court.
