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Legal advice in the Netherlands is given mainly by advocaten: lawyers registered with the Netherlands Bar (Nederlandse orde van advocaten). Only they may use the title advocaat (Article 9a Dutch Lawyers Act), and they must keep client information confidential (Article 11a). Fees are agreed with the lawyer; those with limited means can apply for subsidised legal aid (Article 12 Legal Aid Act).
Legal advice helps companies and individuals understand their rights and obligations under Dutch law, make informed decisions and prevent or resolve disputes. This page explains who gives legal advice, which rules bind Dutch lawyers, what advice costs and when legal aid is available. Our attorneys in the Netherlands and law firm in the Netherlands would be happy to assist. Our team also advises on how to choose a Dutch lawyer.
What legal advice do you need in the Netherlands?
Whether you need a lawyer depends on the matter. For advice and negotiations, you can choose your adviser. In court, Dutch law often requires an advocaat: in civil cases before the district court and in appeal, parties can in principle only litigate through a lawyer (Article 79(2) and Article 353(1) Code of Civil Procedure). Exceptions include cases before the subdistrict court (kantonrechter), where you may act in person (Article 79(1)), and the defendant in summary proceedings, who may appear in person but may not be represented by a non-lawyer (Article 255(1)).
Before seeking legal advice in the Netherlands, it helps to know the court system. Civil cases are heard in three tiers: the district court (rechtbank), the court of appeal (gerechtshof) and the Supreme Court (Hoge Raad). The district court is the lowest tier and the Supreme Court the highest.
Which areas of law does legal advice cover?
Legal advice in The Netherlands encompasses a variety of areas, such as criminal law, civil law, labor law, immigration law and tax law. When seeking legal guidance it’s essential to find someone with expertise in your specific area – most Dutch law firms have lawyers specializing in specific areas so make sure to choose one that meets your needs.
Where can you find a lawyer in the Netherlands?
Many people and businesses in the Netherlands seek legal assistance from a lawyer. Dutch lawyers are registered on the roll (tableau) of the Netherlands Bar (Nederlandse orde van advocaten) (Article 1 Dutch Lawyers Act). Anyone can consult the basic details on the roll free of charge (Article 8a(2)), for example through the Bar’s website.
Another route is subsidised legal aid through the Legal Aid Board (Raad voor Rechtsbijstand). Legal aid is granted only for legal interests in the Dutch legal sphere, to natural persons and legal entities whose financial means do not exceed the statutory limits (Article 12(1) Legal Aid Act). The client usually pays an own contribution (eigen bijdrage) (Article 35). Legal aid is in principle not available for matters concerning the exercise of a business or profession, with limited exceptions (Article 12(2)(e)).
What does legal advice cost in the Netherlands?
Lawyers’ fees in the Netherlands are agreed between lawyer and client, usually as an hourly rate or a fixed fee. Rates differ with the lawyer’s experience and the complexity of the case, so discuss the costs at the start and ask for an estimate. In court cases, court fees (griffierecht) and any order to pay the other party’s costs come on top. The Bar’s regulations must provide for mandatory affiliation with a complaints and disputes scheme that also decides disputes about the amount of a fee note (Article 28(2)(b) Dutch Lawyers Act).
During a first consultation, the lawyer will ask about your situation and explain your legal options. Be open and complete: the lawyer can only give useful advice on the basis of the full facts.
What types of legal advice are offered in the Netherlands?
In the Netherlands, legal advice is available in three main forms: private legal advice, subsidised (public) legal advice and online legal information.
Private Legal Advice
Private legal advice is offered by law firms or individual lawyers at a fee, suitable for those with the means to pay or who have complex legal matters that need specialized knowledge. Private legal counsel can cover areas such as family law, employment law, contract law and personal injury law.
Subsidised legal advice
For people and organisations with limited means, the Legal Aid Board can grant subsidised legal aid. Lawyers and other legal aid providers then receive a fee from the Board (Article 7(3)(b) Legal Aid Act), and the client usually pays an own contribution (Article 35). The Board must also run a separate service that gives simple legal advice and refers people to the right help (Article 7(2)); in practice this is the Juridisch Loket.
Online legal information
Websites and apps offer general legal information and sometimes advice. This can help with straightforward questions. Note that the statutory duty of confidentiality of the Dutch Lawyers Act applies to advocaten and the people involved in their practice (Article 11a), not to general information websites or apps.
Where Can You Receive Legal Counsel in The Netherlands?
The most common routes are private law firms, the Netherlands Bar’s public register of lawyers and the legal aid system. The legal aid service gives simple legal advice, analyses the problem and refers people to the right organisation or lawyer (definition of rechtshulp in Article 1 Legal Aid Act). If more help is needed, the Legal Aid Board can assign a lawyer through a legal aid certificate (toevoeging), for which an own contribution is usually due.
What is the Netherlands Bar (NOvA)?
The Netherlands Bar (Nederlandse orde van advocaten, NOvA) is not a voluntary association. It is a public-law body formed by all lawyers registered in the Netherlands, with a local bar for each court district (Article 17 Dutch Lawyers Act). Its regulations bind every lawyer registered on the roll (Articles 28 and 29(1)). The public register on the roll helps you check whether someone is a registered lawyer (Article 8a(2)).
Which professional rules and confidentiality apply to Dutch lawyers?
The Dutch Lawyers Act sets five core values. In practising the profession, a lawyer must be independent, partisan in defending the client’s legitimate interests, competent, of integrity, and a confidant who observes confidentiality within the limits set by law (Article 10a(1) Dutch Lawyers Act).
The duty of confidentiality itself is laid down in Article 11a: unless a statute provides otherwise, a lawyer must keep confidential everything learned in the course of practice. The duty also applies to the lawyer’s staff and continues after the work has ended. In civil proceedings, a lawyer may refuse to testify about what was entrusted to him or her in that capacity (Article 165(2)(b) Code of Civil Procedure).
Clients who are dissatisfied can file a complaint. Lawyers are subject to disciplinary law for conduct that breaches their duty of care towards clients, the Dutch Lawyers Act or the Bar’s regulations, or that is unworthy of a proper lawyer (Article 46). The Bar’s regulations must also cover professional liability insurance (Article 28(2)(d)).
Frequently asked questions about legal advice in the Netherlands
Who can give legal advice in the Netherlands?
Advocaten (lawyers registered with the Netherlands Bar) give most legal advice, but other advisers may also advise. What the law reserves for advocaten includes the title advocaat (Article 9a Dutch Lawyers Act) and, in most civil cases before the district court and in appeal, representation in court (Articles 79(2) and 353(1) Code of Civil Procedure).
Is legal advice from a Dutch lawyer confidential?
Yes. Unless a statute provides otherwise, a lawyer and the lawyer’s staff must keep confidential everything learned in practice, also after the work has ended (Article 11a Dutch Lawyers Act). In civil proceedings, the lawyer may refuse to testify about what the client entrusted to him or her (Article 165(2)(b) Code of Civil Procedure).
How much does legal advice cost in the Netherlands?
There is no statutory rate: the fee is agreed between client and lawyer, usually as an hourly rate or a fixed fee. Court fees and costs orders come on top. Disputes about a fee note can go to the complaints and disputes scheme that the Bar’s regulations require (Article 28(2)(b) Dutch Lawyers Act).
Can a foreigner get legal aid in the Netherlands?
Nationality is not the test. Legal aid is granted for legal interests in the Dutch legal sphere to natural persons and legal entities whose financial means do not exceed the statutory limits (Article 12(1) Legal Aid Act). It is in principle not available for business matters (Article 12(2)(e)), and an own contribution is usually due (Article 35).
Can I switch lawyers during a Dutch court case?
Yes. In proceedings where a lawyer is mandatory, however, you cannot revoke your lawyer without appointing another lawyer at the same time (Article 79(2) Code of Civil Procedure). Agree with both lawyers on the transfer of the file and on the costs.
