Legal Affairs

The difference between a lawyer and a legal expert

A jurist and a lawyer are both legally trained, but a lawyer is a jurist who is also sworn in, has completed the three-year professional training, and is registered with the Dutch Bar Association. The most important practical...

Published on October 19, 2018 by MKBjuristen.nl
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Both a jurist and a lawyer have a legal education, but a lawyer is a jurist who is also sworn in, has completed the three-year professional training, and is registered with the Dutch Bar Association. The most important practical difference: only a lawyer may represent you in certain legal proceedings and enjoys legal privilege. For legal advice, drafting contracts, and negotiations, a jurist is often perfectly adequate — and usually at a lower rate.

Lawyer or legal expert: the difference in brief

  • Legal Counsel: has completed a university law degree and advises, drafts contracts, and negotiates. Not bound by the disciplinary regulations of the Bar Association.
  • Lawyer: is a legal professional who is sworn in, has completed professional training, and is a member of the Bar Association. May litigate where required to do so and has legal privilege.
  • When and who: advice, contracts, and negotiations → often a legal expert; proceedings requiring mandatory legal representation → a lawyer.

What is a lawyer?

A jurist has completed a law degree at university. Those who have obtained a master's degree are entitled to use the title 'mr.'. A jurist advises entrepreneurs on their legal position, drafts agreements and general terms and conditions, conducts negotiations, and manages conflicts in the phase before legal proceedings are necessary. The term 'jurist' is not legally protected, so pay attention to education, experience, and specialization when making your choice.

What is a lawyer?

A lawyer is a legal professional who, after completing law school, has been sworn in by the court and has successfully completed the three-year Professional Training for Lawyers. During this training, the lawyer works under the supervision of a mentor. Subsequently, he or she is required to be registered with the Netherlands Bar Association, must undergo annual continuing education, and is subject to disciplinary law. Two competencies are exclusive to the lawyer:

  • Legal representation: in a number of proceedings — for example, at the district court (civil cases exceeding the sub-district court limit), on appeal, and at the Supreme Court — you are required to engage a lawyer. (The exact limits, such as the jurisdictional limit of the sub-district court, may change; for your situation, use the currently applicable amounts.)
  • Legal privilege: what you discuss with your lawyer is confidential, and he is not required to disclose it to third parties or the judge.

The most important differences at a glance

  • Education: jurist = law degree; lawyer = law degree + professional training + swearing-in.
  • Litigation: the legal professional may act in cases without mandatory legal representation (such as many sub-district court cases); the lawyer also in cases where representation is mandatory.
  • Legal privilege: only the lawyer.
  • Supervision: the lawyer is subject to the disciplinary rules of the Bar Association; the legal professional is not.
  • Costs: a lawyer is generally more affordable, which often works out favorably for advisory and contract work.

When do you need a lawyer and when a legal expert?

Choose a legal expert for advice on your legal position, drafting or reviewing contracts and general terms and conditions, and negotiations or an amicable settlement. Choose a lawyer when proceedings requiring mandatory legal representation are imminent or necessary, or when legal privilege is relevant. In practice, a case often begins with a legal expert, and you only engage a lawyer when proceedings become necessary.

Why MKB Juristen combines lawyers and legal experts

At MKB Juristen, lawyers and in-house counsel work together as a team. This allows us to determine the most efficient route together with you: a legal counsel where possible, a lawyer where necessary. You avoid paying unnecessary attorney fees for work a legal counsel can do perfectly well, and you are in a strong position should legal proceedings be required. We assist both large corporations and the local entrepreneur. View our legal assistance or a specific area of ​​law tailored to your situation.

Frequently Asked Questions

Is a legal expert cheaper than a lawyer?

Often, yes. Because a legal professional does not bear the costs of professional training, Bar Association registration, and mandatory continuing education, the rate is generally lower. Therefore, for advice, contracts, and negotiations, a legal professional is often a cost-effective choice.

May a lawyer appear before a judge?

In cases without mandatory legal representation — such as many sub-district court cases (employment, tenancy, and smaller claims) — this is permitted. In cases where the law requires a lawyer, it is not. (The precise boundary may change.)

May a jurist use the title 'mr.'?

Yes, anyone who has completed the Master of Law may use the title 'mr.', regardless of whether they are a lawyer.

Do I need a lawyer or a legal expert for my business?

That depends on your question. For most business questions — contracts, liability, employment issues, advice — a legal expert suffices. If it comes to proceedings requiring legal representation, then you should engage a lawyer. We have both on staff and will determine together with you what is most suitable.

Need advice about your situation?

Unsure whether you need a lawyer or a legal expert? Our lawyers and legal experts will think along with you and choose the approach that suits your case. Schedule a free intake consultation and know where you stand within a single meeting.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

Drafting, reviewing, and amending contracts
Legal Assistance Help with conflicts and disputes.
Expertise Specialist legal experts and lawyers.
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