News item | 29-06-2023 | 3:00 PM
The legal profession will be supervised by one independent national regulator. Minister for Legal Protection Franc Weerwind has sent his plans for this national regulator to the House of Representatives. At present, the legal profession is supervised by the 11 deans, lawyer-administrators of the local bar association. Minister Weerwind is transferring this supervisory task to a new Independent Supervisory Authority for the Legal Profession (OTA) to be set up. This supervisor will supervise and enforce all lawyers registered in the Netherlands, independent of both the government and the professional group.
Minister Weerwind: “Lawyers play an indispensable role in our constitutional state. They are an essential access to justice. As a society, we must be able to rely on lawyers to fulfill this special role, including all associated rights and obligations. That is why it is important to exercise adequate supervision of the legal profession. Current events also make it clear that the profession is under great pressure. With the Independent Regulator for the Legal Profession, there will be central and clear supervision. In the organization of the regulator, a careful balance has been struck between independence from the legal profession and the government, and substantive knowledge of supervision and the legal profession.”
Independent of government
The regulator will have an independent position vis-à-vis the government. For example, the minister has no role in appointments, the establishment of the budget and day-to-day affairs and decisions of the OTA cannot be annulled by Royal Decree. The board of the supervisor can decide independently and has access to personnel, finances, accommodation and ICT. In addition, the supervisor is given the opportunity to submit a disciplinary complaint to the disciplinary court or to impose a fine or order subject to periodic penalty payments. Lawyers cannot invoke their duty of confidentiality vis-à-vis the supervisor, because the supervisor will be given a similar duty of confidentiality and legal privilege.
Independent of legal profession
The OTA will become a body of the public-law professional organization the Dutch Bar Association (NOvA), but as a supervisor it will carry out its work independently of the legal profession. For example, the supervisory board will consist of 5 persons, of which the majority of the board members and the chairman are not lawyers. These board members will be appointed by an appointment advisory committee, consisting of 1 representative from the legal profession, 1 representative from science or supervision and 1 member of a High Council of State. The existing Supervisory Board will have a different role and will change its composition. The general dean is no longer part of this Board. Instead, the Supervisory Board will consist of 3 members appointed by the Crown. This Supervisory Board will report publicly on the policy and general course of affairs of the OTA and approve the budget for the supervisor.
Hotline
The OTA will have 1 central reporting point where all information, signals and complaints about lawyers are received. The supervisor refers complaints to the local blankets for further processing. It is regulated by law that the supervisor and local deans may exchange information with each other for the purpose of this complaint handling. In addition to handling complaints, the local deans also remain chairman of the local bar association and confidential adviser. The dean also continues to provide information to lawyers.
In elaborating the proposal announced today, Minister Weerwind received advice from 3 professors and held talks with many parties, including the NOvA and the local deans, about how supervision can be strengthened. Minister Weerwind will soon further develop the proposal into legislation and is in talks with the legal profession about the transition to the new supervision.
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