Language Risk Advisory EN ⇄ PL

The gap between translation
and legal effect.

In cross-border English–Polish matters, the risk is rarely mistranslation. It lies in terms that translate correctly yet operate differently in the other legal system, unnoticed until they matter.

The review applies equally to human, machine, and AI-generated translations.

The exposure

Where it actually sits

A translator produces a faithful rendering of the source text. A lawyer advises on the law of their own jurisdiction. Neither, by default, addresses the space between the two: the point at which a correctly translated term enters a legal system that does not share the conceptual framework the original relied upon.

In English–Polish cross-border work, that gap is present in every document. It is not visible at the level of translation, and it is not reliably caught by document review conducted at speed or at volume. It surfaces later, when it is expensive to address.

This is the exposure I identify, well before it reaches a tribunal.

What I deliver

The review

Each instruction returns a structured work product in three parts, prepared for the attention of legal counsel.

Identification

Every term, clause or formulation where the source-language meaning diverges in legal effect from its rendering in the target jurisdiction, whether the rendering was produced by a human translator, machine translation, or an AI tool, with an assessment of how it is likely to be construed by a court or tribunal.

Annotated commentary

Commentary embedded directly in the translated text. Each flagged point explains how the relevant legal institution functions under the target jurisdiction's law and sets out the nature of the divergence for the attention of legal counsel.

Summary note

A summary of material risk items, ordered by severity, structured for briefing legal counsel, flagging issues to counterparties, or retaining on file for future reference.

Remediation proposals Add-on

Where requested, proposed alternative wording for the flagged terms, drafted to preserve the legal intent of the source text within the target jurisdiction. A starting point for counsel, not a substitute for their review.

Provided for linguistic purposes only. Requires review and approval by qualified legal counsel before use or execution.

The review does not constitute legal advice. Responsibility for the final form of any document remains with the commissioning party.

In practice

Representation vs. oświadczenie

A standard exclusion clause, translated accurately, carrying a different legal effect on arrival. The annotations below are the work product in miniature.

Exhibit A - Sale & Purchase Agreement, cl. 7.3

01

"The Seller makes no representation as to the accuracy of the information provided."

02

Rendered in Polish as "Sprzedający nie składa żadnych oświadczeń co do dokładności przekazanych informacji."

Note 1 - Construction

In English law, "representation" is a distinct legal category with its own liability regime. The clause is a standard exclusion designed to disapply that regime. In Polish law, "oświadczenie" is generic: a court is likely to read it as an oświadczenie wiedzy, a declaration of knowledge, governed by an entirely different doctrine, with different remedies.

Linguistically accurate, but…

The exposure is not in the wording. It is in the legal system that receives it.

Note 2 - Exposure

A Polish court will not apply the Misrepresentation Act 1967*. The exclusion may not achieve its intended effect before a Polish tribunal, however carefully it was drafted in English.

* Footnote - governing lawThis example assumes the source document is governed by the law of England & Wales, where the Misrepresentation Act 1967 applies. Under a different governing law (e.g. a US state), the position on "representation" would need separate verification under that jurisdiction. Identifying the governing law is the first step of any review.

Counsel

Artur Werner

The position I occupy (a graduate in Polish law, sworn EN–PL translator, and linguist) does not exist in any single institutional form. It is the product of two decades working at the intersection of two legal systems, in the environments where that intersection produces real consequences.

Legal qualification

MA in Law - Polish jurisdiction

Adam Mickiewicz University, Poznań. Five-year integrated master's programme (LL.M equivalent). Graduate formation in Polish civil, commercial and administrative law.

Linguistics

MA in English Philology

Adam Mickiewicz University, Poznań. Formal linguistic and textual analysis at graduate level.

Sworn authority

Sworn EN–PL Translator

Authorised by the Polish Ministry of Justice since 2004. Legal and official documents under Polish law.

Practice

Sołtysiński Kawecki & Szlęzak

In-house translator on transactional and regulatory matters at one of Poland's leading law firms.

Institutions

KPMG · Deloitte · Frontex

Legal analysis, institutional communication and language strategy across tax, compliance and cross-border contexts.

Instruction

Business & Legal English - Berlitz Corporation

Corporate and university-level instruction in legal and business English, including LCCI examination preparation at senior executive level.

Instruct

Request a review

I work with law firms, legal departments and institutions handling English–Polish cross-border matters. Fixed-fee proposals are provided once the document has been reviewed.

LocationWarsaw · London
LanguagesEnglish · Polish
ResponseWithin one business day
Send a message

All documents are treated as strictly confidential. This service does not constitute legal advice.

Experience across

Deloitte KPMG Sołtysiński Kawecki & Szlęzak Frontex Berlitz Adam Mickiewicz University