Organisation
Complaints and disputes
Disciplinary and other rulings
Rulings from the following categories have been included in the database of the Netherlands Bar Association (no translations available).
Disciplinary law
The procedure of the disciplinary law has been regulated in articles 46 up to and including 60 of the Act on Advocates. In short, the procedure entails the following. Every interested party (e.g. an (ex)client of the advocate against whom the complaint is lodged or the advocate of the opposing party) can file a complaint against an advocate. Every complaint must be in writing and filed to the Dean of the district in which the advocate holds office. The Dean will handle the complaint, investigate it and try to reach an amicable settlement. If this does not succeed, the complaint must be sent on to the Disciplinary Court. There are 5 Disciplinary Courts. Appeal is possible before the Disciplinary Appeals Tribunal in Den Bosch.
A selection of the rulings are made anonymous and published in the Advocatenblad. Rulings from 1986 onwards have been included in this database. For extensive information about the disciplinary law for Advocates, we would like to refer you to the component Legislation and rules (Vademecum).
Administrative and civil judge
Apart from disciplinary rulings, an overview of administrative rulings and a selection of other judicial rulings regarding the actions of advocates has been included in the database.
Disputes Committee for the Legal Profession
The Disputes Committee for the Legal Profession has been instated on June 1st, 1999 as part of the pilot project Complaints- and Disputes Scheme for the Legal Profession.
The Disputes Committee handles disputes according to the rules that are laid down in the Regulation for the Disputes Committee for the Legal Profession. The committee is competent to adjudicate complaints regarding the quality of the services of the advocate, the amount of the invoice in all sorts of cases, damages claims with a maximum of EUR 10.000. Advocates can present their invoices to the committee for collection.
A selection of the rulings of the committee is made anonymous and published in the Advocatenblad. These rulings have been processed by Germ Kemper, advocate in Amsterdam. This processing entails that some details have been left out and others changed and also that in some places elaborations – especially insofar as it concerns the standpoints of the client or advocate are left out.
Local Bar Association
Everyone in the Netherlands who wants to practice the profession of advocate must meet certain requirements. These requirements are described in the Act on Advocates which dates from 1952. Naturally, one of the most important requirements for the practicing of the profession of advocate is that the right education programme has been followed. After one has attained the meester title (Dutch law degree), one is, in order to practice the profession, obliged to register oneself in the district in which the firm is located at which one is working. The Netherlands has 19 of such districts. Each district has a Bar Association that is led by a Council of Supervision. At the head of the Council is a Dean. Apart from the 19 local Bar Associations, there is one national Bar Association: the Netherlands Bar Association.
An advocate registered in the Netherlands, will automatically become member of the Netherlands Bar Association and of his (or her) local Bar Association. Their powers are regulated in the Act on Advocates. Article 26 of this act orders the Bar Associations to take all measures that can contribute to the promotion of a decent exercising of the practice by advocates. This order is the thread running through all activities of the Netherlands Bar Association (national) and the local Bar Associations (19 districts).
On internet, you will find information on the national Bar Association (this website:www.advocatenorde.nl) as well as information on your local Bar Association. On their site, the local Bar Associations give specific information on advocates and firms in your municipality. If you want to visit the website of your own local Bar Association, then click here. You will then come to a page featuring a useful map of the Netherlands on which you can easily determine in which district your place of residence falls.