What is court substitution and when is it worth using?

Barely a week goes by without a scheduling clash landing in a representative's calendar: two hearings on the same day, in two cities 300 km apart. You can try applying to move the date – with an uncertain outcome – or you can do what the professional bar has done for decades: arrange a court substitution. In other words, send another advocate or attorney-at-law to the hearing, who will appear in court on your behalf and on behalf of your client.

Court substitution – definition and legal basis

Court substitution (also called substitution) means that the lead representative – the advocate or attorney-at-law handling the case – authorises another professional representative to perform procedural steps, most often to take part in a specific hearing or session.

The legal basis can be found in several places:

• art. 91 pkt 3 k.p.c. – 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;
• art. 25 ust. 3 Prawa o adwokaturze – an advocate may grant a substitution where they cannot appear in court themselves;
• art. 21 ustawy o radcach prawnych – an analogous power for the attorney-at-law.

As a rule, then, the client need not be asked for consent before a substitution is granted – unless the main power of attorney expressly excludes it. In practice, however, it is worth informing the client, because trust is built through transparency, not through a surprise in the courthouse corridor.

Substitution, substitution, authorisation – sorting out the terms

Several terms are in circulation that are often confused:

• substitution (further power of attorney) – granted to an advocate or attorney-at-law; the substitute holds the status of the party's representative;
• authorisation of a trainee – a trainee does not receive a substitution but an authorisation to stand in for their principal; the trainee acts on behalf of the representative, not the party;
• court substitution – a market term covering the whole service: appearance, active participation in the hearing, and a report.

So every substitute performs a court substitution, but not every substitution is a substitution in the strict sense. This distinction matters in practice – more on that below.

When is it worth arranging a court substitution?

Experience shows that the vast majority of assignments arise from four situations:

Clashing hearing dates

Courts do not coordinate their cause lists with one another. An application to adjourn is sometimes dismissed, and an unjustified failure of the representative to appear may give rise to disciplinary and compensatory liability. A substitute solves the problem within an hour.

A hearing in a distant city

Travelling from Warsaw to Szczecin for a fifteen-minute session is, in effect, a whole working day and several hundred zloty in costs. The economics are merciless: a local provider will cost less than your own time and a train ticket.

Illness, holiday, unforeseen events

The law grants no discount to a representative with a cold. The case must move forward.

Steps outside the court

Substitution increasingly also covers taking part in questioning at the prosecutor's office and the police – especially in cases of detention, where every hour counts and defence counsel is needed immediately and on the spot.

How much does a court substitution cost?

Market rates depend on the city, the instance and the nature of the task. To simplify somewhat: a straightforward appearance before a district court runs to around 200–400 zł net, a hearing with the examination of witnesses before a regional court – 400–800 zł, and steps in criminal cases involving a detained person can cost more, particularly at night. We discuss detailed ranges in a separate article on rates.

Risks – because there is no rose without thorns

To be fair, arranging a substitution carries risks: the substitute may not know the case file, may arrive late to the hearing, and "someone who came recommended" found at the last minute can be a lottery. Liability towards the client rests, as a rule, with the lead representative – at least for due care in the choice. That is why three things are crucial: vetting the provider, giving precise instructions, and a written report after the task. We devote separate guides to all three.

Summary

A court substitution is not a sign of a law firm's weakness but a tool of professional work organisation – as natural as outsourcing your bookkeeping. The only thing to remember is that the quality of this tool depends on the quality of the provider and the quality of the information passed to them.

On Wokanda.net, arranging a substitution takes a few minutes: the principal posts the assignment, a verified advocate or attorney-at-law accepts it, and the platform handles settlement and the paperwork.

Post a substitution →