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Judges do not just get to arbitrarily decide the outcome of litigation; they need to follow the law. And if they do not, their decisions may be overturned in an appeal. But appeals are not automatic, and they may not address every aspect of a trial court’s decision. Instead, appeals require work, strategy, and the application of complicated rules.
When a lawyer loses a motion, it is common to ask the judge for a second shot. Besides spending time and money, there is rarely a downside to taking an additional opportunity to win. But a judge that ruled one way the first time is unlikely to change her mind. And the circumstances that permit rearguments are limited.
Living in New York, I have met many Polish immigrants and become curious about its culture. I have visited the country a few times, and found it to be an interesting mix of Western and Eastern Europe. And so I was very curious to learn more about the legal system in Poland. In particular, I wanted to know about how a commercial litigator viewed the conservative government’s recent contentious changes to the judiciary. Thankfully, I was able to speak with Wojciech Kremer, an attorney at his own firm in Krakow.