Key takeaways
- The trigger points are usually procedural, not theoretical
- What foreign counsel can efficiently keep and what to localise
- Common Polish workstreams for foreign firms
The trigger points are usually procedural, not theoretical
The moment to involve Polish counsel usually arrives when a claim must be filed, a vote must be submitted, a claim becomes disputed, a restructuring proposal needs local analysis, or a distressed transaction starts moving on a live timetable. Cross-border recognition issues, office-holder communication and security-sensitive creditor positions are
additional triggers. Waiting until a hearing or formal dispute is already pending often means that procedural leverage has been lost.
What foreign counsel can efficiently keep and what to localise
Lead counsel should generally keep the global strategy, client relationship and cross-border coordination. Polish local counsel should then be used for the parts that are truly jurisdiction-specific: reading the file, verifying the procedural route, preparing the filing package, dealing with the office-holder, reviewing the arrangement mechanics, checking authority and handling Polish-law deal issues.
That division of labour is usually faster and more cost-effective than either over-lawyering the matter or trying to manage every step remotely.
Common Polish workstreams for foreign firms
Typical local workstreams include KRZ monitoring, claim analysis, urgent vote submission, review of arrangement proposals, attendance at procedural steps, advice on bankruptcy recoveries, targeted litigation support and distressed M&A assistance. The same model works well for trade creditors, financial creditors, investors and foreign law firms acting as relationship counsel. The right scope is often narrow at the outset and expands only if the matter becomes contentious or
transaction-heavy.
How to structure fixed-fee and urgent support
Many foreign clients prefer productised support: file review, status memo, claim package review, vote package, deadline memo or bid-side insolvency diligence. That is often the most sensible way to get Polish precision without building a wider mandate before it is commercially justified.
Where the matter is urgent, the first deliverable should be practical and short: what is happening, what is the next deadline, what can still be done and what documents are needed now.
What MB/LAW will want to see at the start
To mobilise efficiently, local counsel usually needs the case reference, the latest procedural notice, the core transaction or claim documents, a short factual chronology and clarity on who is authorised to instruct. With that set, a meaningful initial triage can often be delivered quickly.
That first review also helps determine whether the case should remain a narrow procedural mandate or move into broader restructuring, recovery or transaction support.
Summary
The article identifies the moments when foreign law firms and in-house teams should bring Polish specialists into the matter, what scope can be handled on a fixed-fee basis and how local counsel reduces deadline and translation risk. It is a referral-oriented piece rather than a general explainer.
FAQ
Should foreign counsel instruct Polish local counsel before the client call? Often yes, if the matter is deadline-driven or if a preliminary Polish-law reading will shape the client discussion.
Does local counsel have to replace lead counsel? No. In most cross-border matters, local Polish counsel works as a specialist layer under the foreign lead adviser.
What is the most useful first deliverable? Usually a short procedural triage identifying the stage of the case, the next deadlines and the immediate action points.
Work with MB/LAW
MB/LAW acts as Polish local counsel for foreign law firms, in-house teams, creditors and investors in bankruptcy and restructuring matters. If you need a narrow procedural workstream or a broader Polish mandate, contact MB/LAW for an introductory call.
Michał Burek, LL.M. — Attorney at Law, Qualified Restructuring Advisor, owner of MB/LAW. He specializes in corporate law, restructuring law, and legal services for entrepreneurs, including projects with a cross-border element.
This article is for informational purposes only and does not constitute legal advice in any specific case. Registering a company with foreign shareholder participation requires a case-by-case analysis of the shareholder structure, documents, signatures, business model, and tax and compliance obligations.
