I'm happy to report that we currently have a Polish (and English speaking) lawyer that will be investigating our case. The assigning of the lawyer took some time as before the lawyer could confirm he first wanted to find out more information about the case.
I've also send him a crossfire of questions so we will not face any unpleasant surprises. Answering these questions took some time as well. Below you can read my questions and his answer to it.
As I mentioned in my previous email it has been difficult to gather details that you requested before I formally take over the case.
I know you should be aware of the range of the service before we agree to entrust me the case but I cannot be exactly precise with respect to the outcome.
It is difficult to get some knowledge without the power of attorney but I’ ve been promised to meet prosecutor Gospodarek on Monday or maybe even tomorrow if he finds time. I hope to have supplement my data after the meeting but to be honest it would be best to obtain you power of attorney and agree on the job before.
I am writing short explanation to your questions below:
1) You offer to examine the case file. Is it possible for an outsider to view the entire case? I in particularly say outsider because technically the victims of BTC24 are not under prosecution. The exchange is under prosecution. Therefor we are intervening with a process where we are not directly, but indirectly involved. We are afraid that not all or only a few bits of information will be released. We need to know the entire proceeding from start till now. If this proves to be impossible what effect will this have on your mentioned remuneration?
My assumption is that the group that you represent are all victims and I will be given the right to inspect the case. Of course if the penal authorities will restrain some data it will be difficult to object on the preliminary stage of the proceeding but as this case goes to the court all victims shall be allowed to formally participate and to examine the case in all details. So for now it may be the case that my report will be limited to the basic information, so is your status in the case, the stage that the case is in, when is it possible to have it submitted to the court and what are the grounds of holding in your money. I shall also follow the case further so that you might decide to entrust me the next task – being auxiliary persecutor before the court to secure your rights. But for now my job would be solely to gather the data available for now and explain you your future possibilities.
2) Can you tell me more about how you charge? I assume this consultation is included . I am asking because I do not wish to face unexpected costs.
You will not face any unexpected charges – the current agreed sum of 500 Euro covers all my consults, case file inspection, talks with the prosecutor and my report for you. Of course I will answer some additional questions that may occur after the report but I hope it will not exceed a decent number (as if so many people are involved) so it would be good to agree that you may filter them for me.
3) Could you specify how the remuneration is built up?
The remuneration is an approximate of 10 working hours spent on the job, of course based on my assumption, but as I mentioned the 500 Euro is a lump sum so I will not charge extra if the time turns out to be of higher figure.
4) Will the remuneration cover all costs to get a status quo of the case or could the costs change? If so, on which factors is this dependent? How will you let me know?
The only cost involved in the reporting stage might be the 17 zlotys of the stamp duty for my power of attorney. I am planning to formally represent only one person of your group so the coast is only 1 x 17 zl that we may agree shall be borne by myself out of the 500 Euro prepayment
5) Apart from the report explaining the current stage of the proceedings, will you also add any information in its raw form to the report? I expect the report to be a summary but we would like to see the „source"-documents on which this report is based.
I will try to obtain some photocopies of the case file (but it might be limited if the case is on the pre-court stage) and I can forward you the scan (all of course in Polish but with raw explanation on the sort of the obtained copies).
6) Will you agree upon that when you are to undertake actions that will cost money, you will first quote me and ask for approval and only then start with the action? Again, we do not wish to face unexpected costs.
Of course. If you decide to continue and have me involved on further stages I will always pre-quote any charges and await for your approval.
So in summary, no unpleasant surprises an apparently he has already done some effort into getting in touch with the prosecutor. After payment has been made I hope to present to you all the info he retrieves.
Let's hope things will look up from now on.
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