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Disciplinary Law Expertise Team

Disciplinary law

For professionals who need to refute a disciplinary complaint and for those who wish to raise a wrongdoing.

Disciplinary law assesses whether a professional has adhered to professional standards — with dedicated boards and laws for lawyers, healthcare providers, notaries, accountants, and bailiffs. Our lawyers and in-house counsel assist both large organizations and individual professionals: on the defense side and on the complainant's side, from international corporations to the baker on the corner.

Lawyers and in-house counsel for disciplinary law in one team. Practical specialist legal assistance for entrepreneurs.
For SMEs and corporations — from large corporations to the baker on the corner Practical specialist legal assistance for entrepreneurs
Both sides: defense for the professional and assistance for the complainant. Practical specialist legal assistance for entrepreneurs.
Specialist advice on disciplinary law from €155 per hour excl. VAT. Clarity regarding the process, approach, and next steps.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
We worked for, among others:
  • SME Lawyers Partner
  • SME Lawyers Partner
  • SME Lawyers Partner
  • SME Lawyers Partner

Expertise within Disciplinary Law

Disciplinary law assesses whether a professional has adhered to professional standards — with dedicated boards and laws for lawyers, healthcare providers, notaries, accountants, and bailiffs. Our lawyers and in-house counsel assist both large organizations and individual professionals: on the defense side and on the complainant's side, from international corporations to the baker on the corner.

Medical disciplinary law

A disciplinary complaint before the Regional Disciplinary Board for Healthcare affects your reputation and profession. Our lawyers and legal experts provide expert assistance to healthcare providers and (former) patients.

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Disciplinary law for accountants

Accountants are subject to disciplinary law in the exercise of their profession. Whether you wish to file a complaint or need to defend yourself as an accountant, our lawyers and (corporate) legal counsel will assist you, from international corporations to the baker on the corner.

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Disciplinary law for lawyers

A lawyer is subject to the disciplinary law of Articles 46 to 60h of the Lawyers Act. Our lawyers and (in-house) legal counsel assist both complainants and lawyers, from international corporations to the baker on the corner.

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Disciplinary law for bailiffs

Is a bailiff failing to comply with the rules, or are you facing charges as a bailiff? Our lawyers and legal experts assist you in disciplinary proceedings before the Chamber of Bailiffs and on appeal before the Amsterdam Court of Appeal. For clients ranging from international corporations to the baker on the corner.

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Disciplinary law for notaries

A disciplinary complaint before the Chamber for Notaries strikes at the heart of the notarial profession. Our lawyers and (corporate) legal counsel assist notaries and complainants: from the statement of defence to the appeal at the Amsterdam Court of Appeal.

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Sports Disciplinary Law

With our broad expertise in disciplinary law, we serve a variety of professional service providers. From lawyers, notaries, and accountants to medical specialists such as physicians, dentists, and pharmacists. Our services are characterized by high quality, reliability, and in-depth specialization.

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What is disciplinary law?

Disciplinary law is the legal system that assesses whether a professional has adhered to the applicable professional standards. It is separate from civil law (compensation) and criminal law (punishment): the disciplinary judge only assesses whether the professional has acted in a manner that is reprehensible under disciplinary law and may impose measures such as a warning, reprimand, suspension, or even striking off. Separate disciplinary boards and their own laws apply to lawyers, notaries, accountants, bailiffs, and healthcare providers.

Our lawyers and in-house counsel assist both large organizations and individual professionals — from an international accounting firm to the GP or the self-employed healthcare provider around the corner. We do this on both sides: for the professional who needs to refute a complaint, and for the complainant who wishes to raise a wrongdoing.

Disciplinary law for lawyers

A complaint against a lawyer must first be lodged with the Dean of the district where the lawyer has his office. The Dean conducts a preliminary investigation and attempts to mediate; if this does not resolve the matter, the case is referred to the Disciplinary Board. An appeal against that ruling may be lodged with the Court of Discipline. The procedure and the measures are regulated in Articles 46 to 60b of the Lawyers Act. The disciplinary judge assesses the case against the core values ​​and rules of conduct of the legal profession.

Medical disciplinary law (BIG Act)

For healthcare professionals registered under the BIG Act — doctors, dentists, nurses, physiotherapists, pharmacists, psychotherapists, midwives, and healthcare psychologists — the disciplinary law of the Act on Professions in Individual Healthcare (BIG Act) applies. The complaint is submitted to one of the Regional Disciplinary Boards for Healthcare; appeals are handled by the Central Disciplinary Board for Healthcare. The measures are set out in Article 48 of the BIG Act (ranging from a warning to the cancellation of BIG registration); the persons entitled to file a complaint are described in Article 65 of the BIG Act. If your case involves the healthcare sector, please also visit our health law.

Disciplinary law for notaries, accountants, and bailiffs

Other professions also have their own disciplinary regulations. For notaries, the Notarial Profession Act applies (complaint to the Chamber for Notaries, appeal to the Amsterdam Court of Appeal). For accountants, the Accountants Disciplinary Jurisdiction Act applies (complaint to the Accountants Chamber, appeal to the Business Appeals Tribunal). For bailiffs, the Bailiffs Act applies (Chamber for Bailiffs). The time limits, review standards, and measures differ per profession; we know the routes and the differences.

How does a disciplinary procedure work?

Disciplinary proceedings begin with a written complaint, followed by a written defense from the accused professional and usually an oral hearing. The disciplinary board generally consists of a mix of legal experts and peers. An important principle is the right to a free defense: the accused may present their defense as they deem necessary, without this in itself leading to a more severe measure. Note the complaint time limits, which vary by professional group and after which a complaint may be deemed inadmissible.

What measures can the disciplinary judge impose?

The severity ranges from a warning or reprimand, through a fine or (conditional) suspension, to the most severe measure: a professional ban or removal from the register. A disciplinary measure can have major consequences — for your registration, your insurance, and your reputation. Therefore, a thorough and timely defense is essential. If a civil dispute or liability claim is pending alongside the disciplinary case, please read our litigation and disputes.

Disciplinary law for the large firm and the self-employed professional

Specialized disciplinary law firms often focus on large professional organizations. We do not: our mixed team of lawyers and in-house counsel assists both national healthcare corporations and independent professionals — from international corporations to the baker around the corner. Practical, accessible, and legally sharp, with the right mix of lawyer (required during proceedings) and legal counsel (for advice, case file building, and prevention).

Prevention starts with good agreements

Many complaints can be traced back to unclear agreements, inadequate record-keeping, or poor communication. Clear general terms and conditions, an order confirmation, and proper complaint handling significantly reduce the risk of a disciplinary complaint. We assist you with prevention, for example with general terms and conditions for services that clearly define your obligations and liability.

What we help with

From drafting a statement of defense to filing a well-founded complaint — our lawyers and legal experts guide you through the entire disciplinary procedure.

  • Presenting a defense in disciplinary cases (statement of defense and hearing)
  • Preparing and filing a disciplinary complaint on behalf of the complainant
  • Disciplinary law for lawyers: Dean, Disciplinary Council and Court of Discipline
  • Medical disciplinary law: Regional and Central Disciplinary Board (BIG Act)
  • Disciplinary cases for notaries, accountants, and bailiffs
  • Assessing complaint periods and admissibility
  • Appeal against a disciplinary decision
  • Prevention: file creation, conditions and complaint handling

When do you engage this team?

A disciplinary complaint affects your registration, insurance, and reputation. The sooner you involve us, the stronger your defense or complaint will be. If you recognize any of these situations, seeking advice is advisable.

You receive a disciplinary complaint or a letter from the dean or a disciplinary board

Discuss your situation

You have been invited to a hearing and must submit a statement of defense

Discuss your situation

You wish to file a complaint against a professional yourself

Discuss your situation

You are unsure whether a complaint is within the time limit and admissible

Discuss your situation

You are considering an appeal against a disciplinary decision

Discuss your situation

You want to reduce the risk of disciplinary complaints within your organization

Discuss your situation

In addition to the disciplinary case, a liability claim or civil dispute is also involved

Discuss your situation

Assess first, then act

In disciplinary proceedings, the facts, the applicable professional standard, and the complaint period determine your position. Before submitting a statement of defence or a statement of complaint, we assess the case file, the rules of conduct of your profession, and the admissibility of the case. In this way, we choose the course of action—acknowledgment and rectification, a reasoned rebuttal, or a procedural route—that best serves your interests, rather than the first response that comes along.

Our approach

From complaint to outcome in four steps.

1

Intake

We discuss the complaint or your intended complaint, the appeal and your goal, and review the file.

2

Analysis

We test the facts against the professional standard and the relevant law, and assess time limits and admissibility.

3

Strategy

We choose the line — acknowledge, dispute, or a procedural route — and the involvement of a lawyer or legal expert.

4

Execution

We draft the statement of defense or complaint, conduct the hearing, and lodge an appeal if necessary.

Mr. Jaime Boogaers
Mr. Jaime Boogaers Corporate Law · Lawyer

In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.

Specialists in Disciplinary Law

Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.

All our legal experts and lawyers possess broad knowledge of disciplinary law. In addition, they have specialized in one or more areas of focus within disciplinary law. We have organized several areas of focus into various practice groups. Each lawyer is part of one or more practice groups based on his or her specialism(s). Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.

Frequently asked questions about disciplinary law

The questions that professionals and complainants ask us most often.

What is the difference between disciplinary law, civil law, and criminal law?

The disciplinary judge only assesses whether a professional has adhered to professional standards and may impose measures such as a warning or striking off. Compensation for damages belongs before the civil court, and punishment before the criminal court. The three can run concurrently regarding the same event.

What measures can a disciplinary board impose?

Depending on the profession, this ranges from a warning or reprimand, through a fine or (conditional) suspension, to a professional ban or removal from the register. For healthcare providers registered under the BIG Act, the series is set out in Article 48 of the BIG Act; for lawyers, in the Lawyers Act.

How quickly do I need to file or respond to a disciplinary complaint?

Each professional group has its own complaint and limitation periods; filing a complaint too late results in inadmissibility. As the accused, you are granted a deadline for your statement of defense. In both cases, do not wait: a timely, well-substantiated response often determines the outcome.

Do I need a lawyer or a legal expert for a disciplinary case?

Our firm has both in-house. For conducting the disciplinary proceedings themselves, a lawyer is the most suitable choice; for advice, building the case file, drafting a line of defense, prevention, and negotiation, an in-house counsellor is often sufficient. Together with you, we select the right approach.

How much does legal assistance cost in a disciplinary case?

We work transparently: specialist advice on disciplinary law starting from €155 per hour excluding VAT. During the intake, we discuss the scope of your case and provide an estimate of the expected effort.

Can a disciplinary complaint also have consequences against my organization?

Disciplinary law focuses on the individual professional, but the consequences often affect the organization as well: reputation, insurance, governance, and internal procedures. We not only advise the professional involved but also assist organizations with prevention and complaint handling.

Discuss your situation with a disciplinary law specialist. Have you received a disciplinary complaint, or do you wish to file one yourself? Our lawyers and in-house counsel assist both large organizations and individual professionals — from international corporations to the baker on the corner. Discuss your situation without obligation, and together we will determine the strongest course of action.
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Jaime Boogaers

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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