The discontinuation of the prosecutors’ investigation into the so-called “Two Towers” case may mark the beginning of legal troubles for attorney Roman Giertych. According to Niezalezna.pl, the public prosecutor criticized Giertych’s online mockery and taunts directed at Jarosław Kaczyński ahead of his questioning, describing them as conduct incompatible with the dignity of the legal profession. Lawyers representing the leader of the Law and Justice (PiS) party are now preparing to file a motion seeking disciplinary proceedings against Giertych.
On Tuesday, the Warsaw Regional Prosecutor’s Office announced that it had discontinued the high-profile investigation into the so-called “Two Towers” case. In mid-June, PiS Chairman Jarosław Kaczyński was questioned as a witness in the proceedings.
Prosecutor Criticizes Giertych
On the day before what proved to be the key—and ultimately final—questioning in the investigation, attorney Roman Giertych, who represented Austrian businessman Gerald Birgfellner, engaged in conduct that, according to the prosecutor, was inconsistent with the standards expected of a lawyer.
On the social media platform X, Giertych wrote:
“Jarek, tomorrow we’ll question you at the prosecutor’s office. Don’t be afraid. Uncle will be there with you and help you explain everything. And the most important advice: confess.”
He also posted graphics mocking the PiS chairman.
As Niezalezna.pl has learned, Prosecutor Małgorzata Szeroczyńska of the Warsaw Regional Prosecutor’s Office, who led both the questioning and the investigation, considered Giertych’s conduct inappropriate and unbecoming. She reportedly stated that his actions warranted disciplinary review and communicated this assessment directly to him.
Kaczyński’s legal representatives sought Giertych’s exclusion from the proceedings and filed a formal motion to that effect. While rejecting the request, Prosecutor Szeroczyńska nevertheless criticized Giertych’s behavior. She concluded, however, that there were no grounds to exclude him because she found no indication that the witness had felt pressured by Giertych.
Following the questioning, Giertych filed a motion seeking the removal of Prosecutor Małgorzata Szeroczyńska from the “Two Towers” investigation, alleging that she had disallowed his questions. The prosecutor had indeed ruled several of his questions inadmissible, but on the grounds that they were unrelated to the subject matter of the investigation. According to the article, Giertych did not mention the criticism he received from the prosecutor. His motion to remove her was unsuccessful.
Disciplinary Proceedings Ahead?
According to information obtained by Niezalezna.pl, Kaczyński’s attorneys are expected to file a request with the Disciplinary Ombudsman of the competent Regional Bar Council (ORA) to initiate disciplinary proceedings against Giertych.
Giertych’s online posts and conduct during the “Two Towers” proceedings may, according to the article, violate provisions of the Polish Law on the Bar. Under Article 80, advocates are subject to disciplinary liability for conduct contrary to professional ethics or the dignity of the legal profession.
The Code of Ethics for Advocates and the Dignity of the Profession contains, among others, the following provisions:
- “Conduct by an advocate that could diminish them in the eyes of the public or undermine confidence in the legal profession constitutes a breach of the dignity of the profession.”
- “An advocate is obliged to observe ethical standards and safeguard the dignity of the legal profession.”
- “An advocate is subject to disciplinary liability for breaches of professional ethics or violations of the dignity of the profession (…) including in private life.”
- “An advocate (…) should exercise moderation, proportionality, and restraint in public statements (…) so as not to undermine the dignity of the profession.”
- “An advocate should not undertake representation against a person with whom they have a serious personal conflict.”
The article concludes by asking what action Przemysław Rosati, President of the Supreme Bar Council, will take in Giertych’s case. It adds that, in the author’s view, any other advocate engaging in similar conduct, particularly where such conduct had been criticized by prosecutors, would likely face disciplinary proceedings.