Professional Liability & Disciplinary Law

What we do

Customers or clients will often be satisfied with the services provided. However, in certain cases, a customer or client may hold an organization liable or file a disciplinary complaint. A claim for liability entails significant consequences. In addition to business implications, a claim for liability can also have consequences on a personal level.

In the event of a liability claim or a disciplinary complaint, our practice group can provide legal support. We advise contacting a legal expert or lawyer immediately in the event of a (threatened) liability claim or disciplinary complaint.

We have the knowledge and expertise to assume diverse roles: from advice to dispute resolution. We have an experienced team of lawyers and legal experts in the fields of professional liability and disciplinary law. Contact us to discuss the possibilities.

Professional liability and disciplinary law: two different procedures

Professional negligence can lead to a dispute on two tracks. In disciplinary proceedings, the disciplinary judge assesses whether the professional acted as befits a proper peer, measured against the applicable professional and ethical rules. In civil liability proceedings , the central question is whether damage has been suffered that qualifies for compensation. Both tracks have their own standards, rules of evidence, and outcome. Consequently, a well-founded disciplinary complaint does not automatically lead to civil liability, and vice versa. However, the disciplinary judge's ruling can play an important role in civil proceedings: a civil judge who deviates from it must provide a comprehensible justification for doing so. Within our Litigation / Disputespractice, our lawyers and in-house counsel monitor both tracks in conjunction, ensuring that a defense in one track does not undermine the other.

The standard: reasonably competent and reasonably acting professional

Whether a professional error has occurred is assessed under civil law based on the question of whether the professional acted as a reasonably competent and reasonably acting peer would have done in the same circumstances. This duty of care arises from the contract for services (Article 7:401 of the Dutch Civil Code) and, in the event of a breach, from Article 6:74 of the Dutch Civil Code. If someone is sued outside a contractual relationship, liability runs through the tort of Article 6:162 of the Dutch Civil Code. Not every unfavorable outcome is an error: a professional guarantees careful conduct, not a guaranteed result. We rigorously assess whether the established standard has actually been violated, or whether there is a permissible professional assessment.

Damage, causal link and defense

Anyone holding a professional liable must demonstrate not only an error but also damage and a causal link between that error and the damage (Article 6:98 of the Dutch Civil Code). It is precisely on this point that the best defenses often lie: would the damage have occurred even without the error, or is the opposing party partly to blame? In addition, formal defenses play a major role. The limitation period of Article 3:310 of the Dutch Civil Code can already cut off a claim, and pursuant to the duty to complain under Article 6:89 of the Dutch Civil Code, an opposing party must protest in a timely manner. Our litigation lawyers and attorneys build the case file based on these defenses, or conversely, refute them on behalf of the injured party.

Professional groups and disciplinary boards

Disciplinary law is regulated by specific professional groups in their own legislation, each with its own disciplinary board. We assist professionals as well as complaining parties within the following frameworks, among others:

• Lawyers – the Lawyers Act, with the Disciplinary Board and, on appeal, the Court of Discipline.
• Doctors and other healthcare providers – the Individual Healthcare Professions Act (BIG Act), with the regional disciplinary boards and the Central Disciplinary Board for Healthcare.
• Accountants – the Accountants Disciplinary Jurisdiction Act (Wtra), with the Accountants Chamber and, on appeal, the Business Appeals Tribunal.
• Notaries – the Notarial Profession Act, with the Chamber for the Notarial Profession.
• Bailiffs – the Bailiffs Act, with the Chamber for Bailiffs.

In practice, a disciplinary complaint is often accompanied by a liability claim and a claim for damages. We coordinate both.

Disciplinary measures and the consequences

Unlike compensation, the disciplinary court focuses on the quality and integrity of professional practice. Possible measures range from a warning or reprimand to a fine, suspension , and, in extreme cases, removal from office or striking off the register. For a professional, this puts not only income but also reputation at stake. We conduct defense in disciplinary proceedings, provide guidance during internal investigations and foreseeable reports, and work to manage reputational damage.

Professional liability insurance

Most professionals are insured against this professional risk; for lawyers, adequate professional liability insurance is even mandatory. Consequently, a liability claim almost always affects the insurer. We advise on timely and proper reporting, monitor policy conditions and coverage, and represent the insured's interests vis-à-vis the insurer – even when the insurer disputes coverage or takes on the defense itself.

For the group and for the entrepreneur around the corner

Our mixed teams of lawyers and in-house counsel assist both the professional being sued and the party suffering damages due to professional negligence – from an international corporation suing its advisor to the baker on the corner facing a disciplinary complaint. We combine disciplinary law expertise with solid litigation practice within Litigation, ensuring you follow a single strategy across both tracks. Contact us to discuss the possibilities.