Approach and fees
The approach our law firm takes, unless otherwise agreed, and the fees you will need to take into account are set out below.
APPROACH
The work our lawyer will undertake in connection with your case is done with the aim of achieving the result agreed with you when the case was accepted. The lawyer in question will endeavour to achieve this result, but cannot guarantee that it will be achieved.
In carrying out the work, the lawyer will abide by the rules that apply to all lawyers. This includes keeping you informed of developments and progress in your case. Unless exceptional circumstances prevail, you will be informed of these in writing.
We therefore ask you to keep us informed of any relevant changes to your situation such as a change of address or telephone number. You are also required to inform your lawyer should any relevant changes occur relating to the details of your case.
When your case comes to an end, we will close the file. You will be informed of this in writing. The file will then be stored in an external archive. Should you wish to retrieve the file after it has been archived, this will incur a fee of €27.50 (per file). The file will be destroyed five years after being closed.
Our law firm will serve you to the best of its ability. Nevertheless, should you be dissatisfied with the quality of the service, you can discuss this with the lawyer in question.
If a professional error by one of our lawyers leads to your incurring damage or loss, we have professional liability insurance. The sum to be paid out is limited to no more than the amount the insurance pays out in the case in question. Please note, however, that a negative result can occur despite our obligation to perform to the best of our ability having been fulfilled. This does not mean that a professional error has been made or that there is any liability on our part.
FEES
The expenses we incur while working on your case, such as requesting certificates or proof of registration and paying court fees, will be paid in advance by us and then charged to you. An advance for this may be requested in some cases. The work we carry out also has to be paid for. We serve both paying clients and those who are in receipt of legal aid. Our firm is a High Trust partner of the Dutch Legal Aid Board.
Paying clients
If you are not eligible for legal aid, we will assist you as a paying client. The cost of the work is based in principle on the hourly rate charged by our lawyers. These hourly rates depend on the lawyer’s experience and expertise and vary between €150 and €200 (excluding VAT). We keep a detailed record of the hours worked, which will be enclosed with the invoice you receive. Should you wish the specification to be explained in more detail, you can contact the lawyer in question. Depending on the case and your financial capacity, different arrangements can sometimes be made as regards the hourly rate.
Legal aid
If your income and assets are below the statutory limit, you may be eligible for legal aid. This means that the Dutch State pays some or all of your lawyer’s fees. You then only have to pay a personal contribution, which we will pass on to you. To find out whether your income is below the statutory limit, please visit the website of the Dutch Legal Aid Board (www.rechtsbijstand.nl). This is the body that deals with and assesses applications for legal aid.
The lawyer will submit an application for legal aid on your behalf. To be able to submit an application, we will require a copy of proof of your identity showing your citizen service number (BSN number, formerly known as ‘sofi-nummer’). If you do not (yet) have a BSN number, we will require your alien registration number (vreemdelingennummer). If you have a partner with whom you share a joint household, we will also require a copy of his or her proof of identity and BSN number or alien registration number. This is because the Dutch Legal Aid Board looks at the family income. And finally, you will need to tell us the address the municipality has registered for you.
The Dutch Legal Aid Board will use this information to retrieve details of your income from the Dutch Tax and Customs Administration to be able to decide whether you are eligible for legal aid. They will look at your income in the year two years prior to the year in which the application for legal aid is submitted (this is the reference year). If you are eligible for legal aid, you may still be required to pay a personal contribution. The personal contribution depends on the level of your income in the reference year. Please refer to the website of the Dutch Legal Aid Board for the amount of the personal contribution.
It is possible that the Dutch Tax and Customs Administration has not yet taken a final decision on your income for the reference year. In that case, the Dutch Legal Aid Board will perform a re-inspection a year after the application. If it then turns out that you were not eligible for legal aid after all, the Dutch Legal Aid Board will reclaim any amounts it has paid to the lawyer from you, with retroactive effect.
If the Dutch Legal Aid Board rejects the application for legal aid because your income in the reference year exceeded the statutory financial limits, there is an option of asking the Board to make the current year the reference year. This is only possible, however, if your income has fallen considerably in the meantime. You will have to submit such a request to change the reference year to the Board yourself. Should you wish to do this, you can contact us and we will send you the relevant form.
If your case leads to a financial gain for you, and you then have sufficient assets to be able to pay your lawyer’s fees yourself, the legal aid may be withdrawn with retroactive effect.
ATTENTION: DISCOUNT!!!
If you are eligible for legal aid, you can receive a discount of € 58,= on your lawyer’s fees. You will first have to call the Legal Aid and Advice Centre (Juridisch Loket) and ask them to refer you to one of our lawyers. In that case, you will receive a discount of €58,= on the personal contribution linked to the legal aid.
ATTENTION:
If you want to apply for "bijzondere bijstand" you need the referral from the Legal Aid and Advice Centre (Juridisch Loket).
How to contact the Legal Aid and Advice Centre (Juridisch Loket):
Telephone: 0900 - 8020 (€0.10 p/m)
Website: www.juridischloket.nl
You can find more information about this scheme on the website of the Dutch Legal Aid Board (www.rechtsbijstand.nl).
Other costs
It should be noted that the State does not pay all the costs relating to the legal proceedings. Costs that are not covered by the legal aid scheme include: court fees (these are fees charged by the District Court or the Court of Appeal for submitting a notice of appeal or a petition), the cost of obtaining copies of certificates or proof of registration (from the municipality, Chamber of Commerce, etc.), some bailiff’s fees, the cost of retrieving medical and other information, expenses of an expert or a witness. These costs are for your account and the lawyer will pass them on to you.