If you disagree with your lawyer, it is always a good idea to discuss this with the lawyer first or to follow the internal complaints procedure. If this does not produce the desired result, you can also file a complaint with the dean of the local Bar (deken). In general, the investigation into the complaint will take about six months. Bear in mind that it is not possible to complain anonymously. The Lawyers Act (Advocatenwet) states that complaints must always contain the name and address of the complainant. You do not need a lawyer to assist you if you want to file a complaint against a lawyer, but it can be useful. This is certainly the case if you lodge an appeal. This page describes the situation in the Netherlands.
Complaint about your own lawyer
If you are dissatisfied with the services of your own lawyer, it is important to know what steps you can take. This may involve disagreement about how the case is handled, about communication or even about invoicing. Below is a step-by-step plan you can follow if you have a complaint about your own lawyer.
- Discuss the problem with the lawyer
Before taking further steps, it is advisable to discuss your concerns directly with your lawyer. An open and honest conversation can often clarify a great deal. Lawyers are professionals who strive to assist their clients as well as possible. A dialogue can contribute to a better understanding and possibly a good solution to the problem. Perhaps there is a misunderstanding, or the lawyer has misunderstood you (or the other way round). By discussing the problem with the lawyer and clarifying a few things, the problem can be tackled straight away.
- File a complaint with the law firm
If the conversation with the lawyer does not lead to a satisfactory solution, you can consider filing a complaint with the law firm itself. Every law firm has an internal complaints procedure, known as the office complaints scheme (kantoorklachtenregeling). This scheme provides a structured framework within which your complaint is dealt with formally. Someone else will then study the complaint and try to find a suitable solution.
- Bring in the Legal Services Disputes Committee
If the internal complaints handling does not produce the desired result, you can check whether the law firm is affiliated with the Legal Services Disputes Committee (Geschillencommissie Advocatuur). This independent committee deals with complaints about the services and fee notes of lawyers. Submitting your complaint to this committee is particularly useful for simple disputes about the amount of the bill, although it can also offer a solution for other service issues.
- File a complaint with the dean
Another option is to file a complaint with the dean of the Bar Association (Orde van Advocaten) in the district where the lawyer works. The dean's task is to supervise the legal profession, and the dean can investigate the complaint. Although the dean does not make binding decisions on the complaint, he can mediate and advise on possible solutions. The dean will follow the guideline for complaint investigations by the dean (leidraad dekenaal klachtonderzoek).
- Handling by the Disciplinary Council
Once the dean has completed the investigation, the matter can be forwarded to the Disciplinary Council (Raad van Discipline), the disciplinary tribunal. The lawyer may then receive a disciplinary sanction. Bear in mind that the complainant must pay a court fee (griffierecht) for this.
- Lodge an appeal
It is possible to appeal against decisions of the Disciplinary Council. The complainant can do so if the Disciplinary Council has declared the complaint wholly or partly unfounded, or if, with a well-founded complaint, the request for compensation has been rejected. The dean and the lawyer themselves can also appeal (Article 56 of the Lawyers Act (Advocatenwet)). You must lodge the appeal within thirty days of the decision being sent, with the Disciplinary Court of Appeal (Hof van Discipline) in ’s-Hertogenbosch. You do this with a notice of appeal in which you set out your objections to the decision of the Disciplinary Council. You send the notice of appeal to the registrar of the Disciplinary Court of Appeal.
Complaint about the other party's lawyer
If you experience problems with the other party's lawyer, for example because in your opinion they are acting unethically, there are various steps you can take. Lawyers must comply with a code of conduct. If you think the other party's lawyer is breaching these rules of conduct, it is important to raise this first with that lawyer or the law firm. You can also file a complaint with the Bar Association. It is important to support your complaint properly with facts and to make clear why you think the lawyer's behaviour breaches the code of conduct. The complaint must be filed with the dean of the lawyer's district. In addition, you must have a direct personal interest yourself. A complaints procedure can lead to a hearing at which you can tell your side of the story. With a vFAS lawyer, you can also always lodge a complaint with the vFAS (Association of Family Law Lawyers and Divorce Mediators, vereniging van Familierecht Advocaten Scheidingsmediators).
Parties involved in a complaint about a lawyer
Filing a complaint about a lawyer may be necessary if you feel the services do not meet expectations or if there is unethical conduct. It is important to know that there are different routes you can take to make your dissatisfaction known and possibly reach a solution. Various parties are involved in this.
The lawyer
The lawyer you have a complaint about is often the first party you talk to when there is dissatisfaction about the services. As a legal professional, a lawyer is not only responsible for providing expert advice and representing clients in legal matters, but must also comply with the ethical codes and professional standards of the legal profession. A lawyer must therefore always be transparent, communicate sufficiently clearly and act in the best interests of the client. With complaints, it is very important that the lawyer is open to feedback and willing to look for a suitable solution together with the client.
Complaints officer
The internal complaints officer plays an essential role in handling complaints about a lawyer and/or a law firm. This officer is appointed to investigate and deal with complaints from clients impartially and effectively. The complaints officer assesses the complaint, talks to all parties involved and aims to reach a satisfactory solution that does justice to the interests of the client and safeguards the quality of the services. In other words, the complaints officer acts as an important link between the client and the lawyer or the law firm.
Legal Services Disputes Committee
The Legal Services Disputes Committee (Geschillencommissie Advocatuur) is there specifically for private clients who have a complaint about their lawyer. This committee handles a wide range of complaints, from dissatisfaction with the services provided to disputes about the amount of the lawyer's fee note. It is important to know that complaints involving damage of more than €25,000 are not dealt with, unless you explicitly waive the excess over this amount. Disciplinary complaints also fall outside the scope of this committee and must be addressed to the dean in the district concerned. When submitting a complaint, a complaint fee must be paid. The amount depends on the level of the compensation (claimed).
Legal Services Disputes Committee for Business
The Legal Services Disputes Committee for Business (Geschillencommissie Advocatuur Zakelijk) offers a platform for resolving disputes between business owners and their lawyers. This committee focuses on a wide range of issues, including dissatisfaction with the services, disputes about the amount of the lawyer's bill and damage claims up to a maximum of €25,000. The condition is that the parties agree in advance on the applicability of the Complaints and Disputes Scheme for Lawyers (Klachten- en Geschillenregeling Advocatuur), either directly when the services are entered into or afterwards. Lawyers can also bring unpaid invoices before this committee. This disputes committee is only for business owners and their lawyers, not for private individuals and their lawyers.
Dean
If you have a complaint about a lawyer, you can submit it to the dean in the region where the lawyer works. There are eleven deans in the Netherlands (Amsterdam, Noord-Holland, Midden-Nederland, Noord-Nederland, Gelderland, Overijssel, Den Haag, Rotterdam, Limburg, Oost-Brabant and Zeeland-West-Brabant). The dean's task is to investigate complaints about lawyers and, depending on the nature of the complaint, the dean first tries to mediate between the parties. If mediation does not lead to a solution, or if the complainant explicitly indicates that he or she wishes this, the dean can decide to forward the complaint to the Disciplinary Council.
If you have problems with the dean, you can choose between the disciplinary and the administrative complaints procedure. For a disciplinary complaint, you can go to the president of the Disciplinary Court of Appeal or directly to the dean concerned, who will normally forward the complaint to the president of the court. The president will then assign the complaint to a dean of another Bar for further investigation and handling, similar to how complaints against lawyers are handled.
Disciplinary Council
The Disciplinary Council (Raad van Discipline) acts as the disciplinary tribunal in complaints procedures against lawyers and has the power to give final judgments on professional conduct. If you want to pursue your complaint after the dean's investigation, you can ask for it to be submitted to the Disciplinary Council. There are four of these councils in the Netherlands (Amsterdam, Arnhem-Leeuwarden, Den Haag and ’s-Hertogenbosch).
A court fee must be paid for this. The Disciplinary Council can impose various sanctions on lawyers who have breached professional standards. These sanctions range from a warning to a reprimand, a fine, a temporary suspension from practising and the striking off of the lawyer. In addition, the Disciplinary Council has the power to order lawyers to pay the costs of the proceedings. It is important to remember, however, that the Disciplinary Council has no power to award compensation. For that, you must turn to the civil court or the disputes committee.
Civil court
If, as a client, you have suffered damage due to a mistake by your lawyer and you are seeking compensation that exceeds €25,000, the civil court can offer a solution. This applies to disputes about the quality of the services provided, direct damage resulting from professional errors by the lawyer and disputes about the bill. This enables you to claim compensation for the damage suffered as a result of negligence or wrongful conduct by your lawyer. Lawyers are required to have professional indemnity insurance, which means that any compensation awarded will in principle be covered by this insurance.
Legal expenses insurance and complaints about a lawyer
If you have legal expenses insurance, it can offer support when you have a complaint about a lawyer. This insurance covers the costs of legal help in disputes. Whether or not your legal expenses insurance covers this, however, depends on the policy conditions. So check with your legal expenses insurer if you have questions about the cover. You may also have a complaint about the services of a lawyer appointed by your legal expenses insurer. You are not obliged to use this lawyer. You can choose a lawyer yourself within the conditions of your insurance. You can also file a formal complaint with the law firm of the lawyer concerned and report this complaint to your insurer at the same time. Many insurers have a complaints handling procedure. By reporting your complaint to both the law firm and your insurer, you increase the chance of a satisfactory solution.
Read also: Complaint about a civil-law notary.
Frequently asked questions about complaints about lawyers
Complaints about lawyers are not that common, but they can never be ruled out completely. This can have various causes. For example, there may be a misunderstanding, or the lawyer may charge too much. A complaint about your own lawyer can be very unpleasant. And a complaint about the other party's lawyer may feel even more unpleasant, because it is not in your own hands. It is not unusual for this to raise questions. This FAQ answers the most important questions about complaints about lawyers.
Can I file a complaint about the other party's lawyer?
Yes, you can file a complaint about the other party's lawyer if you believe they have acted unethically or breached the professional rules. It is important to support your complaint properly with concrete examples and evidence. You must file such complaints with the dean of the district in which the lawyer is registered.
Where can I go with a complaint about a lawyer's fee note
If you have a complaint about your lawyer's fee note, you can first discuss it with the lawyer or the firm's complaints officer. If you cannot resolve it together, you can submit the complaint to the Legal Services Disputes Committee if the firm is affiliated with it, or to the dean of the Bar Association. You can also go to the civil court.
My lawyer is withdrawing from the case: is this allowed?
A lawyer can and may withdraw from a case in certain circumstances. This must be done carefully and in good time, so that you as a client are not put at a disadvantage. A lawyer may withdraw, for example, if there is a breach of trust or if the client does not cooperate sufficiently.
What can I do if I am not satisfied with my lawyer?
It is best to discuss any dissatisfaction with your lawyer with the lawyer first. Can you not resolve it together? Then follow the law firm's internal complaints procedure. If necessary, file a complaint with the Legal Services Disputes Committee or with the dean.
Do I have to pay costs if I file a complaint about a lawyer with the dean?
Filing a complaint with the dean is in principle free of charge. However, if your complaint leads to proceedings before the Disciplinary Council, you do have to pay a court fee.