A lawyer in the Netherlands advises, negotiates and litigates for you. In some proceedings a lawyer is the only person who may act for you: a claim before the district court (rechtbank), an appeal, a cassation, a divorce petition and applications concerning children and maintenance all require representation by a lawyer. Before the subdistrict court (kantonrechter) you may act for yourself. That court handles claims below 25,000 euros and all employment and tenancy disputes.
Three things distinguish a lawyer from other advisers. First, the duty of confidentiality and the associated privilege: what you tell your lawyer cannot be extracted from them. Second, the obligation to act only in your interest, with conflicts of interest barred. Third, supervision by the Bar, with a disciplinary route if something goes wrong.
What does a lawyer do for you?
A lawyer explains where you stand, protects your interests and guides you through the proceedings that fit your case. You may have suffered damage caused by someone else, been arrested by the police, or simply want to enforce your rights. In each of these situations a lawyer is useful, and in many civil cases representation is even compulsory.
Dutch law is detailed and carefully worded. The legislator chooses each term with care and has built in procedural safeguards to protect the parties. The downside is that the system can be hard to navigate on your own. Deadlines, formal requirements and the choice of the right court all affect the outcome of a case.
A lawyer is trained to interpret the law and to find the route through these rules. Unlike a judge or a public prosecutor, a lawyer represents only the interests of their client. At Law & More your interests and a fair outcome come first. What a lawyer does for you in practice depends on the type of case.
Which types of proceedings are there?
In civil cases there are two main routes: a petition procedure (verzoekschriftprocedure) and a summons procedure (dagvaardingsprocedure). Disputes with the government follow the administrative route of objection and appeal. Criminal cases are different again, because only the Public Prosecution Service (Openbaar Ministerie) may prosecute a criminal offence. In each of these routes a lawyer can assist you, for example by filing an objection or by representing you at the hearing.
What happens in a petition procedure?
In a petition procedure you ask the court to make a decision. Examples are a divorce, the dissolution of an employment contract by the subdistrict court and placing someone under guardianship (curatele). Depending on the case, there may or may not be another party. Your lawyer drafts a petition that meets all formal requirements and phrases your request as precisely as possible. If there is an interested party or a respondent, your lawyer also responds to their statement of defence.
Has another party started a petition procedure in which you are the respondent or an interested party? Then a lawyer can also help you. Your lawyer drafts your statement of defence and prepares you for the oral hearing. At the hearing your lawyer can speak on your behalf. If you disagree with the court’s decision, your lawyer can lodge an appeal for you.
What happens in a summons procedure?
All other civil disputes start with a summons, in which you ask the court to decide a conflict with another party. A summons (dagvaarding) is the document that calls the other party to appear in court and starts the proceedings. Your lawyer represents you at the hearing, but also assists you before and after it. Contact with a lawyer often begins when you receive a summons, or when you want to issue one yourself.
If you start the proceedings, you are the claimant. Your lawyer first advises whether going to court makes sense in your situation. If desired, your lawyer contacts the other party in writing to look for an amicable solution without litigation. If that does not work, your lawyer drafts the summons, which must meet several formal requirements. From then on, your lawyer handles all contact with the other party so that the proceedings run smoothly. Before the court hears the case orally, there is usually a written round in which both parties respond to each other’s position.
The court uses the documents exchanged in that written round when it hears the case. In many cases the parties reach a settlement after the written round or after mediation, and no hearing is needed. Has your case gone to a hearing and do you disagree with the judgment? Then your lawyer can lodge an appeal for you if that is advisable.
How do you challenge a government decision?
If you disagree with a decision of an administrative body, such as the CBR (the Dutch driving licence authority) or your municipality, you can first lodge an objection (bezwaar). The usual deadline is six weeks, according to article 6:7 of the General Administrative Law Act (Awb). A lawyer can draft the notice of objection, assess your chances and identify the arguments that matter. The administrative body then issues a decision on your objection (beslissing op bezwaar). If you disagree with that decision, you can lodge an appeal (beroep) with the court.
Which court hears your appeal depends on the subject. It can be the district court, the Trade and Industry Appeals Tribunal (CBb), the Central Appeals Tribunal (CRvB) or the Administrative Jurisdiction Division of the Council of State (RvS). A lawyer is not compulsory in administrative proceedings, but can file the appeal with the right court and respond to the statement of defence of the administrative body. After the oral hearing, the court decides. If you disagree with that decision, a further appeal is possible in certain circumstances.
What can a lawyer do in a criminal case?
In the Netherlands the Public Prosecution Service investigates and prosecutes criminal offences. If you receive a summons from the Public Prosecution Service, you are suspected of a criminal offence after a preliminary investigation. A lawyer is not compulsory in criminal cases, but hiring one is advisable. Criminal cases can be legally complex and analysing the case file requires experience. In certain cases you can lodge an objection (bezwaarschrift) against the summons with the district court within eight days, which may prevent a trial. Against a penalty order (strafbeschikking) you can object within fourteen days.
In most cases a criminal hearing is public. Your lawyer represents you at that hearing. If errors were made during the investigation, your lawyer can raise them, which can affect the evidence and the outcome. If you disagree with the court’s decision, your lawyer can lodge an appeal.
A lawyer can often help you before you receive a summons. For example, your lawyer can assist you during a police interview or advise you about the offence you are suspected of.
How can a lawyer help outside court?
You do not need a court case to benefit from a lawyer. A lawyer can also help you outside the courtroom, for example by writing a letter to a business partner or to the other party in a dispute. Such a letter states your position clearly and addresses the core of the problem. You also gain insight into the legal side of your matter. A lawyer tells you what to do and what to avoid, which improves your position without guaranteeing a particular result.
In summary
- A lawyer advises, negotiates and litigates, and always acts in the interest of the client.
- In civil cases, representation by a lawyer is compulsory before the district court, in appeal and cassation, and in divorce cases; before the subdistrict court you may act for yourself.
- Civil cases follow a petition procedure or a summons procedure; government decisions are challenged through objection and appeal.
- In criminal cases a lawyer is not compulsory but advisable, from the police interview to an appeal.
- A lawyer can also help you outside court, for example with a letter that sets out your position.
A lawyer advises, mediates and litigates on your legal issues and always acts in your interest. Engaging a lawyer early gives you a clear view of your options and the deadlines that apply.
Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
How Law & More can help you with this is explained on our civil lawyer page.
