Organisation Dutch Attorneys

A Dutch Attorney entitled to act in Court is called an “advocaat”. He/she must have a law degree in Dutch law  and be a member of the Dutch Bar Association (Orde van Advocaten). There are 19 Court Districts. In every Court District the Bar Association is present. So in Amsterdam all attorneys are member of the Amsterdam Bas Association. The “advocaat” is allowed to act in all kind of Court cases as soon as he has become a member of the Bar Association. However, the first 3 years are a preliminary registration.

The making of Dutch Lawyers

In these training years the  young Dutch Attorney works under supervision of a an experienced Attorney, a patron (a “patroon”), and has obligatory training, mandatory courses, litigation experience, et cetera. Upon completion of the training period the registration of the “advocaat” becomes permanent. The Dutch legal profession does not have the distinction between a Solicitor and a Barrister as in the UK. The “advocaat” is a Solicitor as well as a Barrister. A Dutch Attorney is not allowed to convey real estate or to register mortgages. The Dutch Notary is entitled to do that. That’s also the case with transfer of shares of a Dutch Company  with Limited liablility, the B.V. (besloten Vennootschap) and the N.V. (Naamloze Vennootschap).

Representation in Court by Dutch Lawyer

In all Courts, except the Cantonal Court and Administrative Courts , representation by a Dutch Attorney is necessary. The Cantonal Court deals with claims up to € 25.000, employment law matters and all claims regarding rent and agency.

The Dutch Attorney is bound the Code of Conduct of  the Dutch Bar Association. The Dutch Attorneys are furthermore bound  to several rules and regulations of the Bar Association.

Advocaat: the official registered attorney in the Netherlands.

A Dutch Attorney entitled to act in Court is called an “advocaat”. He/she must have a law degree in Dutch law  and be a member of the Dutch Bar Association (Orde van Advocaten). There are 19 Court Districts. In every Court District the Bar Association is present. So in Amsterdam all attorneys are member of the Amsterdam Bas Association. The “advocaat” is allowed to act in all kind of Court case as soon as he has become a member of the Bar Association. In Court the Dutch Attorney has to wear a gown and a white jabot.

 

The training years of a Dutch Attorney

The first 3 years are a preliminary registration. In these training years the  young Dutch Attorney works under supervision of a an experienced Attorney, a patron (a “patroon”), and has obligatory training, mandatory courses, litigation experience, et cetera. Upon completion of the training period the registration of the “advocaat” becomes permanent. The Dutch legal profession does not have the distinction between a Solicitor and a Barrister as in the UK. The “advocaat” is a Solicitor as well as a Barrister. A Dutch Attorney is not allowed to convey real estate or to register mortgages. The Dutch Notary is entitled to do that. That’s also the case with transfer of shares of a Dutch Company  with Limited liablility, the B.V. (besloten Vennootschap) and the N.V. (Naamloze Vennootschap).

Mandatory represaentation in Dutch Courts

In all Courts, except the Cantonal Court and Administrative Courts , representation by a Dutch Attorney is necessary. The Cantonal Court deals with claims up to € 25.000, employment law matters and all claims regarding rent and agency.

The Dutch Attorney is bound to the Code of Conduct of  the Dutch bar Association.  The Dutch Attorneys are furthermore bound  to several rules and regulations of the Bar Association. The author of this blog, Mark van Weeren, is admitted to the Dutch Bar Association.

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