WILIŃSKI LEGAL
We do not publish articles simply so that “something appears on the blog”. This part of the site is meant to help you understand a problem before speaking to a lawyer: what really matters, what should not be done automatically, and when it is worth reacting earlier.
Criminal law
An arrest is a moment when a person has the least information while at the same time being expected to make decisions that may matter throughout the entire proceedings.
A suspect has the right to defence and the right to refuse to give explanations. The decision to speak should be based on knowledge of the allegations, evidence and strategy, not on the belief that every answer will automatically bring the case to an end sooner. An early, unconsidered version of events can later restrict defence options.
It is necessary to establish: in what capacity the person is being questioned, what charges have been presented, what the procedural action concerns, whether the prosecutor will seek a preventive measure and which deadlines are running. Only then can one assess whether to give explanations, submit documents or wait for access to the case material.
In a criminal case, fewer actions may be better than acting without a strategy. When someone is detained, rapid contact with a defence lawyer matters more than the speed of making statements.
Criminal defence →Business & boards
Information about misconduct, data exfiltration, a conflict of interest or a financial irregularity puts management in a difficult position: react immediately or first establish the facts. A properly designed internal investigation should answer three questions: what happened, what risks follow from it, and what should the organisation do next.
The most common mistake is starting chaotic conversations and interviews without first securing documents, defining the scope and setting confidentiality rules. The organisation can then make later proceedings harder, infringe employee rights or create inconsistent material.
First secure the evidence and map the sources of information. Then identify the people who need to be interviewed, the order of interviews, the scope of questions and documentation rules. Finally: a report, risk assessment and a decision — internal action, notification of authorities, litigation or procedural changes.
Its purpose is not to “convict” an employee, but to establish the facts reliably and enable management to make a responsible decision.
Business & boards →AI & cybersecurity
The worst time to design a procedure is when e-mail has just stopped working, the accounting system is encrypted and someone asks management whether customer data has leaked. Management does not need to know server configuration. It does need to know which systems are critical, who makes decisions, who contacts suppliers, when legal support is activated and which reporting obligations may arise.
A backup nobody has tested is not a business-continuity plan. A list of phone numbers in a document from three years ago is not an incident-response team. A good procedure answers the question: what do we do during the first 15, 60 and 180 minutes of an incident?
A lawyer should understand the organisation before a problem occurs, not only when decisions must be made about notification, client communication, supplier liability or the content of management's statement.
Technical security belongs to IT. Responsibility for organisation, oversight and decisions nevertheless remains with people.
AI & cybersecurity →Education law
A legal provision is only the beginning. A decision still has to be properly prepared, signed, served, entered into the records, communicated to the student and often implemented in the institution's organisational system. That is why legal problems in education often arise not from ignorance of the law, but at the intersection of law and everyday administration.
Admission of foreign nationals, language requirements, removal from student lists, resumption of studies, educational records, examination committees, diplomas and duplicates, regulations, disciplinary proceedings and situations in which the student's interests must be balanced against the institution's responsibility.
That is precisely why the practice is led by Magdalena Osińska-Wilińska — a lawyer, academic lecturer and dean with management experience in a higher education institution, post-secondary school and other educational institutions.
A legal opinion that ignores the realities of the dean's office, rector's office and administration often does not solve the problem.
Education law →Mediation
Mediation is not a weaker version of litigation. In many matters, it offers parties something a court cannot: the ability to design a solution tailored to the relationship, business or family. The conditions are voluntariness and willingness to talk — not necessarily agreement about who is right.
a child must not become a negotiating tool. Parents' agreement should reduce conflict around the child, not transfer the conflict onto the child.
Mediation →Topics to develop
What the court should assess and why a preventive measure must not become punishment before judgment.
Confidentiality, personal data, trade secrets and organisational responsibility.
Proceedings, reasoning, service and documentation: four stages that must be treated as one process.
How to separate adult conflict from the child's needs and avoid creating litigation material at the family's expense.
Ownership of a physical work and rights to reproduce it are two different legal questions.
Scope of work, acceptance, defects, schedule and evidence — elements whose importance often becomes clear only once a dispute begins.
These materials help explain the issue. A concrete strategy requires analysis of the specific case.
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