How Polish law firms have stepped-up to help neighbours in Ukraine
Law firms have, of course, a vital role to play in sensitive situations. Lee Saunders of Nishlis Legal Marketing talks to three in Poland providing both counsel and practical support to neighbouring Ukraine.
As Ukrainians find themselves on the front line in the ongoing war with Russia, we caught up with some of the most proactive law firms in neighbouring Poland to find out how the legal profession can intervene in such sensitive situations, and what steps can be taken to help Ukrainian citizens caught up in the conflict.
“Poland and Ukraine have a shared history, culture, and a similar language making it easy to work together,” said Penteris senior partner Andrzej Tokaj. Following the outbreak of war, over 3.2 million Ukrainians crossed into Poland. Many Ukrainians live and work in Poland, are becoming Polish citizens, have businesses registered in Poland, and speak Polish.
“The foundations are already in place,” adds Raf Uzar, the firm’s head of communications and development.
Humanitarian aid and support for refugees was immediate
Many firms jumped into action immediately. Sławomir Uss, partner at Polish law firm, Sołtysiński Kawecki & Szlęzak ("SK&S"), said:
“From the beginning of the outbreak of war in Ukraine, SK&S unequivocally took the side of Ukraine, providing necessary assistance to refugees. We launched a legal support centre, i.e. a dedicated "For Ukraine" webpage appeared on our website where we publish legal alerts in Polish and Ukrainian on topics, such as how can you employ Ukrainian citizens; what Polish entrepreneurs can do; accommodation support for Ukrainian citizens fleeing war; and the legal status of Ukrainians crossing the Polish border.”
Our lawyers both contribute to the United Nations Global Compact Poland, a United Nations-affiliated organisation responsible for public-private partnerships on behalf of the United Nations, and support a range of relief efforts for Ukrainian citizens. One of the initiatives we have undertaken is the United Legals for Ukraine project. The basic idea of the project is to provide specialised, free legal assistance to entities/NGOs involved in or connected with providing humanitarian aid or countering the effects of war in Ukraine. Entities and NGOs are first verified by UN Global Compact, and then they receive free legal advice related to their activity.
SK&S provided pro bono legal advice to UN Global Compact Poland to create the United Legals for Ukraine, and our lawyers are engaged in the project itself. Furthermore, we provided guidelines to a number of foreign entities and NGO, who asked us about possible forms of action.
Many SK&S associates have welcomed Ukrainian families into their homes. Others have been acting as intermediaries in finding safe housing for them. SK&S has organised a collection centre for material and financial aid in our Warsaw office, with financial collections (to purchase medicines and outdoor equipment). We cooperate with the Ukrainian Education Centre Foundation – we provide textbooks, office, and school supplies for a group of 500 students. This year, in celebration of Women's Day, SK&S donated funds to purchase personal hygiene items for female refugees. Among our employees are many volunteers who have been going to the border since the first days of the war to transport people from Ukraine into Poland.
Poland a safe and secure business haven
Like SK&S, Penteris has also been aiding Ukrainian companies wanting to escape the war and set up in Poland, which to them is “a safe and secure business haven.” Andrzej Tokaj added: “We have made a consistent effort to keep supplying our Ukrainian (law firm and business) partners with significant work that is paid in a stable currency. We promote Ukrainian businesses to ensure that there is a constant flow of assignments (and remuneration) into Ukraine.
As Raf Uzar explained: “Penteris has been actively taking part in national and local sponsorship initiatives. These include the recent Warsaw Oktoberfest Charity Event, which collected money for the “Teach for Poland” Foundation - supporting teachers from Ukraine to help maintain a high level of education for Ukrainian children. Furthermore, practically every person here was involved in helping Ukrainians on an individual level either by receiving war-torn families into our homes, collecting money, clothes, or food for victims of war or volunteering for other charity initiatives. The overriding feeling has been of solidarity, determination, and brotherhood.
“Of course, it requires a certain amount of courage, but it is absolutely real. We have reviewed our client portfolio and decided not to serve Russian companies or those with Russian capital. It has been natural for us to take that decision.”
Practical support for Ukrainian troops
GESSEL Attorneys at law has taken multiple steps to help. Marcin Macieszczak, managing partner, points out: “The firm transferred money to a sub-account for the benefit of the Ukrainian armed forces at the National Bank of Ukraine, as well as funds that were intended to help refugees from Ukraine and to purchase equipment for the Ukrainian army. The firm paid for accommodation and full board for a group, dozens of people, in February and March, has purchased and delivered clothes and food items to the border with Ukraine in Medyka, and GESSEL lawyers invited families from Ukraine to their houses.
GESSEL also made the decision to allocate this year's Christmas budget to the purchase of sleeping bags for the Ukrainian army and have prepared a bilingual guide for refugees, containing the most needed information on how to cope in the Polish reality, what to do to legalise their stay in our country and where to get the necessary assistance. The guide can be found on GESSEL’s website with the QR code communicated at donation centres, train stations, wherever refugees may see it.”
Targeting those in need
Andrzej Tokaj added: “It is important that we target those in need: individuals, businesses, and charities. They need help on a variety of levels. This can include financial support and/or business advice. It might be useful for law firms to draw up lists of businesses and institutions for whom they can provide support, and also be clear about what kind of support they are able to give. Some law firms are happier offering pro bono legal advice to Ukrainian businesses whilst other might prefer to organise a collection and pass on the proceeds to a registered charity.”
Paweł Tomczykowski, managing partner of Ożóg Tomczykowski, said: “Our help was multidimensional and its nature was different - because the needs were also different and very dynamically changing. First of all, our law firm donated considerable funds to those in need, bought goods for Ukrainian children and their mothers, donated computers for Ukrainian children, organized a collection of necessities and carried out the action of transporting Ukrainian citizens from border crossings deep into Poland. Our lawyers were personally involved in all these activities.
“Regardless of this, we have advised pro bono on many substantive projects, e.g. related to the transport and import of defence accessories, assistance to non-governmental organizations helping Ukrainians and implementing their own aid programs. I do not think our actions were extraordinary. It was the need of the moment.”
Practically all law firms we know have left Russia
Given that international law firms have clients in Russia, is there a genuine risk for law firms? Marcin Macieszczak said: “Of course, it requires a certain amount of courage, but it is absolutely real. We have reviewed our client portfolio and decided not to serve Russian companies or those with Russian capital. It has been natural for us to take that decision.”
Andrzej Tokaj added: “There is a need to assist Polish companies in their winding up or liquidation processes and for that purpose Polish law firms need to work with local advisors in Russia but these have been carefully vetted and selected. However, practically all law firms we know have left Russia and are no longer willing to generate earnings within the bounds of the current Russian regime. It might be semantic, but there has been no thought of strategically ‘being socially responsible’ – this is quite simply the only correct thing that can be done and Poland has simply sought to help its neighbour in these toughest of times.”