Barriers to Access to Justice Among Small and Medium-sized Enterprises in Poland

Our study investigates the reasons why Polish small and medium-sized enterprises (SMEs) do not utilise the law to achieve their business objectives in many situations where they could successfully do so. We will provide a precise diagnosis of the current situation and explain why this is the case. In our opinion, addressing this issue is important because over 99% of Polish enterprises are SMEs, and we know too little about their methods of resolving legal problems. We also believe that knowledge about the barriers they experience in accessing the law can be used in designing state policy and help increase the accessibility of law and legal services (such as mediation). Another reason is that, under current law, the size of an enterprise does not affect its legal status. Although many small businesses are simply sole traders, they are often treated by law in the same way as companies employing hundreds of staff. The law often assumes that they should possess the same skills and opportunities, but in reality, this is, of course, not the case. Our starting point is the premise that problem-solving is a natural element of every business. This is because market conditions, administrative actions, and customer expectations are often difficult for small business owners and managers to predict. We also know that the law can be very helpful in many problems. It helps to avoid and resolve conflicts, as well as to coordinate various expectations. A well-drafted contract can, for example, help avoid many potential problems, and the mediation procedure is a good way to resolve disputes. At the same time, however, the law is also complex. If an entrepreneur lacks specific skills or resources, they may have difficulty using the law. Research shows that many people do not even know that their problem can be resolved legally, and some are simply afraid to meet with a lawyer. Many cannot afford it, and still others believe they can solve their problems themselves, or do so informally. We believe that similar reasons for not using the law are also common among small entrepreneurs. We also believe that even for very competent users, the law can be problematic. Sometimes even a good contract does not guarantee the avoidance of problems, officials seem to do as they please, and lawyers cannot predict the consequences of a specific action. We agree with many sociologists who believe that this is a more general problem that all people face, in all fields and situations. In our lives, we use various tools (such as the law, for example) to simplify the world, but sometimes this does not help at all and only complicates matters further. It seems to us that in complex modern society this is inevitable, and we refer to it as uncertainty. For these reasons, in our study, we would like to test three theses. Firstly, we want to find out whether SMEs in Poland actually use the law relatively rarely, as we suspect, and whether they instead try to resolve their problems informally or are passive. Secondly, we consider this quite likely and would like to explain why this is the case. We begin with the assumption that, contrary to popular belief, money is not the issue here. In our opinion, the biggest barrier to using the law is the way of thinking about it and limited skills in this regard, as well as the organisation of enterprises. Thirdly, we believe that SMEs are not the same when it comes to using the law, and their size explains much here. Small enterprises are most likely similar to ordinary people in terms of resolving legal problems, but larger ones are more akin to large corporations. We will discover all these things through empirical research: a questionnaire survey, interviews with business owners and managers, and case studies. We will write a book and six academic articles. Two people will work on the project for three years.