Substitution vs. further power of attorney – how they differ and how to grant one correctly

The impulse for this piece is a recurring set of questions: whether "substitution" and "further power of attorney" are the same thing, who actually grants it, and whether the client has to know about it. Well, in legal terms we are in fact dealing with a single mechanism under two names – but the devil, as usual, is in the detail of the document.

Substitution is a further power of attorney – one institution, two names

"Substitution" is the traditional bar term for the further power of attorney referred to in art. 91 pkt 3 k.p.c. Under that provision, a procedural power of attorney includes, by operation of law, the authority to grant a further procedural power of attorney to an advocate or attorney-at-law. In other words, the lead representative needs no separate consent from the client – the authority to substitute sits within the main power of attorney, unless it has been expressly excluded there.

As a result, the substitute becomes the party's representative, not the representative's "assistant". This seemingly academic difference has hard consequences: the substitute's actions produce effects directly for the client, just as if they had been performed by the lead representative.

Who may grant, and who may receive, a substitution?

The rules are simple but unforgiving:

• grants it: an advocate or attorney-at-law authorised by the main power of attorney (a substitute may also grant a further substitution, provided this has not been excluded along the chain of authority – though in practice I would advise caution with "chains");
• receives it: only an advocate or attorney-at-law. A trainee does not receive a substitution – a trainee is "authorised" to stand in under art. 77 Prawa o adwokaturze or art. 35¹ ustawy o radcach prawnych, which is a separate and narrower institution.

That said, in criminal cases defence counsel may, as a rule, be an advocate (and an attorney-at-law outside defence in certain configurations) – so before granting a substitution in a criminal case you should check who is permitted to accept it.

What must a substitution power of attorney contain?

In practice the substitution document runs to a single page, but every element counts:

Mandatory elements

• identification of the grantor (name, professional title, roll number, law firm);
• identification of the substitute (likewise);
• reference to the main power of attorney (from whom, in what case, file reference, court);
• scope of authority;
• date and signature.

Scope – where most mistakes are made

A substitution may be granted for the whole case or for a single step ("to stand in at the hearing on 14 July 2026 before the District Court for the Capital City of Warsaw, file ref…"). In my experience, a scope limited to a specific hearing is safer for both sides: the principal keeps control of the case, and the provider does not take on responsibility for the proceedings as a whole. In short: precision protects both.

Formalities in court – what to remember

The substitute files a copy of the substitution power of attorney together with a copy of the main power of attorney (the court must see the entire chain of authority). It is also worth remembering the 17 zł stamp duty on a power-of-attorney document – court practice varies here, but the absence of proof of payment can spark a needless discussion at the start of the hearing, and that is the worst possible moment for a discussion.

Does the client have to consent?

Formally – no, provided they have not excluded substitution in the power of attorney. In practice – professional loyalty and simple decency call for warning the client, especially where the substitute is to represent them at a key hearing. Remember that a client who learns of a change of representative in the courthouse corridor is a client lost.

Summary

Substitution and further power of attorney are one and the same; the difference lies solely in the register of language. Three things are crucial: the right circle of people (only an advocate or attorney-at-law), a precisely described scope, and a complete set of documents on file. The rest – finding a trusted substitute, giving them instructions and settling up – can now be handled in one place.

On Wokanda.net, a substitution power-of-attorney template is generated automatically with every assignment, populated with both representatives' details and the case reference.

See how it works →