Disciplinary law for lawyers is a system of disciplinary rules and procedures that oversees the professional ethics and conduct of lawyers. Its purpose is to ensure the quality of the legal profession and maintain public confidence in the legal profession. Disciplinary law is set forth in the Lawyers Act and enforced by disciplinary tribunals, such as the Board of Discipline and the Court of Discipline. Lawyers of Kötter, L'Homme & Plasman Advocaten regularly assist fellow lawyers, as well as complainants, in complaint procedures.
Lawyers may face disciplinary action if they violate their professional rules, such as through conflicts of interest, careless or negligent handling of a case, or breach of confidentiality. Complaints can be filed by clients, colleagues or others who feel that the lawyer did not act professionally. If the complaint is upheld, sanctions can range from a warning to suspension or even disbarment, which means the lawyer is no longer allowed to practice law.
Lawyers disciplinary cases before the Board of Discipline and the Court of Discipline
After the engagement of a lawyer by a litigant (the client), a contract for services is established. If the litigant is dissatisfied with the execution of the assignment, he/she can discuss this with the lawyer in question or with (the complaints officer of) the lawyer's office. After going through the complaints procedure, the (former) client may be of the opinion that the dispute in the form of a complaint, after filing it with the Bar Association, should be submitted to the Board of Discipline.
Other interested parties may also file complaints against an attorney. Consider filing a complaint against the opposing lawyer. To assess whether a person is a so-called interested party, it must be determined whether the person's interest has been or may be directly affected by the acts or omissions of the lawyer complained about.
Complaint filed with dean of bar association
The complaint shall be filed with the Bar Association of the district in which the lawyer holds office. The complaint must be filed within three years from the day on which the complainant reasonably knew or could have known of the culpable act or omission to which the complaint relates. The dean of the relevant district will first conduct a preliminary investigation and see if the complaint can be mutually resolved.
Council and Court of Discipline
If the complaint is not resolved in the preliminary investigation before the dean or the complainant does not agree with the conclusions of the preliminary investigation by the dean, then the complainant may have the complaint transferred to the Board of Discipline. The complainant must then pay court fees. After paying the court fee, the case is heard by the Board of Discipline.
If (one of) the parties disagrees with the Discipline Board's decision, you can appeal to the Court of Discipline. The court will review your case again and will assess whether the Board of Discipline made a correct decision.
Need lawyer for disciplinary case?
At Kötter, L'Homme & Plasman attorneys, several attorneys have experience with disciplinary cases. This includes assisting lawyers who have become embroiled in disciplinary proceedings and assisting interested parties who wish to file a complaint.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during business hours) call 020-6731548.
