INFORMATION REGARDING THE COMPLAINT PROCEDURE AGAINST LAWYERS
A complaint against a lawyer in the district of Gelderland can be filed via a web form ("web formulier") with the Dean of the Gelderland Bar Association (see other page of this website). Complaints by e-mail will not be accepted.
What happens after you filed your complaint?
1.
Your complaint (which has to be written or translated in the Dutch language) will be investigated by the Dean. The Dean may have a legal counsel investigate your case to do so, acting in the name of the Dean. You will receive confirmation of the filed complaint, which will explain who is the investigating legal counsel and to whom you need to direct your questions.
2.
The Dean will ensure clarity regarding the complaint. If the complaint is not clear then the designated person for your case will contact you first in order to clear any misunderstanding that may have occurred. The legal language is Dutch. The Dean can and will ask you to get translations of the letters or the supplements.
3.
The lawyer implicated by the complaint will receive a digital copy of the original complaint. The lawyer then has the opportunity to respond with a written reply. The term in which to respond is usually three weeks, but a longer term is possible (a first delay of the term of three weeks to respond is always granted).
4.
The lawyer will send the Dean a digital copy of his written reply, which the Dean then will send to you.
5.
If further misunderstanding exists, the Dean may ask for clarification from both parties; he may also invite both parties for a meeting if that is in the interest of the complaint and both parties.
6.
You and the lawyer in question will send digital copies of all correspondence to the Dean. This is to ensure the right of a fair hearing.
7.
The Dean will try to mediate between the lawyer and yourself whenever possible. In case this mediation will not solve the problem or you do not wish further mediation, your complaint will still be an open case.
8.
At completion of the investigation the Dean will notify you and the lawyer in question. You can ask the Dean to have your complaint come before the Raad van Discipline (the disciplinary committee). After paying a court fee of 50 euros within four weeks, the complaint will be forwarded to the Raad van Discipline ultimately within three months after payment.
9.
If the case will be handled by the Raad van Discipline, the court clerk will notify you of the court session in which you generally may be present. Six to nine months time may elapse between the complaint being forwarded to the Raad van Discipline and the date of the court session. If your case will not be handled by the Raad van Discipline, the court clerk will notify you in writing.
10.
The Raad van Discipline will explain the possibilities when the complaint is filed by the Dean to the court. The work of the Dean is then finished.
