Disciplinary law for lawyers

What we do

If a client is dissatisfied with the work of a lawyer, a complaint may, under certain circumstances, be lodged with the Dean of the Bar Association in the district where the lawyer practices. The Dean can subsequently take action in response to the complaint. For instance, the Dean can initiate proceedings before the disciplinary court.

In addition to the ability to initiate proceedings, the Dean also has administrative powers. These include imposing a penalty payment, issuing an instruction, or a fine. Furthermore, the Public Prosecution Service and the Tax and Customs Administration have the authority to conduct a search of a lawyer's home.

Our team of lawyers can provide assistance with filing a disciplinary complaint as well as legal support to lawyers facing disciplinary proceedings.

Questions regarding disciplinary law? Contact us.

The disciplinary standard: Article 46 of the Lawyers Act

Disciplinary law for lawyers is regulated in Articles 46 to 60h of the Lawyers Act. The core standard is set out in Article 46 of the Lawyers Act: a lawyer is subject to disciplinary proceedings for acts or omissions that are contrary to the care he ought to exercise as a lawyer towards those whose interests he represents or ought to represent, and for acts or omissions that are unbecoming of a proper lawyer. This open standard is given substance by the five core values ​​set out in Article 10a of the Lawyers Act: independence, partisanship, expertise, integrity, and confidentiality, and by the Code of Conduct for the Legal Profession. Disciplinary law is separate from a civil claim for damages due to professional negligence: a disciplinary measure does not remedy the damage suffered, but safeguards the quality and integrity of the profession.

Disciplinary Council and Court of Discipline

Disciplinary proceedings are conducted at first instance by the Disciplinary Boards (one per district: Amsterdam, Arnhem-Leeuwarden, The Hague, and 's-Hertogenbosch) and, on appeal and as the highest instance, by the Court of Discipline. A complaint is first submitted in writing to the Dean of the district where the lawyer has his practice. The Dean acts as a preliminary investigator, attempts to mediate, and initiates an investigation. If mediation fails, or if the complainant requests it, the Dean forwards the complaint to the Disciplinary Board. An appeal against a decision of the Board may be lodged with the Court of Discipline within 30 days.

What measures can the disciplinary judge impose?

If the Disciplinary Board deems (part of) the complaint well-founded, it may impose a measure. The law provides for the following measures, in increasing order of severity: a warning, a reprimand, a fine, suspension from practice for a maximum of one year, and striking off the roll. The Board may also impose a measure conditionally and may publish the suspension or striking off. A complaint period applies to the complainant, and court fees are generally payable; these court fees are reimbursed if the complaint is declared well-founded.

The preliminary procedure before the Dean and the Dean's objection

Any interested party — for example, a (former) client, the opposing party, or the opposing party's lawyer — may file a complaint against a lawyer. The Dean may also act on his own initiative and, if he believes that a lawyer has violated the standard, personally bring a case before the Disciplinary Board as a Dean's objection. In addition, the Dean has administrative powers within the framework of supervision, such as issuing a directive, an order subject to a penalty payment, or an administrative fine. For a lawyer confronted with a complaint or Dean's objection, a timely and careful response to the Dean is often decisive for the outcome.

Our approach at Disciplinary Law Lawyers

Within our Disciplinary Law , lawyers and (in-house) legal counsel collaborate in mixed teams. We assist both complainants wishing to lodge a disciplinary complaint against a lawyer and lawyers who must defend themselves against a complaint or objection from the Dean. We do this for the entire range of clients, from international corporations to the baker on the corner. We assess feasibility, draft the complaint or defense, speak at the hearing before the Disciplinary Board and, if necessary, on appeal before the Court of Discipline.

Frequently asked questions about disciplinary law for lawyers

What is the difference between a disciplinary complaint and a claim for damages? A disciplinary complaint assesses whether a lawyer has adhered to professional standards and can lead to a disciplinary measure; a claim for damages is a civil procedure seeking compensation for damages suffered. Both can run concurrently.

To whom do I file a complaint about a lawyer? In writing with the Dean of the Bar Association in the district where the lawyer has their practice. The Dean investigates the complaint and may forward it to the Disciplinary Board.

Can I appeal against a disciplinary decision? Yes. An appeal against a decision of the Disciplinary Council may be lodged within 30 days with the Court of Discipline, which rules in the highest instance.