The legal profession does not have fixed rates. That is why we agree in advance how we will bill and who will pay. It is important to understand what the agreements mean for you.
On this page, we explain what costs you should take into account and who should pay them. If you have any questions, please contact your lawyer for clarification.
Main rule: the client must pay for legal assistance themselves. That is why you sign the assignment form with the agreed hourly rate.
Sometimes, in negotiations with the other party, a contribution to the costs is agreed upon, but this is by no means always the case.
If you win a legal case, the judge may order the other party to pay the costs of the proceedings (see 2: legal costs), but that is only part of the actual costs. It is therefore important to know in advance where you stand. That is why the financial arrangements are laid down in writing.
In liability law, such as in personal injury cases, it is legally stipulated that the opposing party must pay reasonable extrajudicial costs (see 4: personal injury, the special arrangement). These are recovered from the opposing party as damages. In labor law cases, we try to pass the bill on to the employer, but the client always remains responsible for the lawyer's bill.
There are two types of attorney fees:
Extrajudicial costs are the legal costs incurred as long as an amicable settlement still seems possible, up to the point of the request to the court: in other words, before the proceedings have commenced.
If legal proceedings have been initiated, we are talking about the costs of the proceedings. These are the costs incurred from the date of the summons until the judgment or decision of the court.
These are the costs incurred while the case is not (yet) pending before a court. The case is then 'settled'. We always try to reach an amicable settlement with the other party first, and only go to court if there is no other option.
Extrajudicial costs include:
An hourly rate (fee) is agreed for the lawyer's work, and the other costs ('disbursements'), which are usually advanced by the lawyer, are charged to you in full. See section 5: the invoice and the advance payment for details of how the invoice is structured.
These are the costs for drafting and issuing procedural documents such as the petition or summons and additional costs, such as the costs of the bailiff and the court.
This is the "court fee" and depends on the financial interest of the case and can amount to more than €5,000. Only after the court fee has been paid will the court hear the case.
The costs of your own lawyer (the agreed hourly rate) are for your own account in the proceedings. In addition, there are the costs of any experts, witnesses, and the like. If you lose the proceedings, you will also have to pay the salary of the opposing party's lawyer, to be determined by the court, and other legal costs, such as court fees, the costs of witnesses and experts, etc. of the opposing party. This can therefore add up if you lose the case, even for clients with legal aid.
If your income is low, you may be entitled to legal aid. This is a subsidy under the Legal Aid Act. The State will then cover the costs. In certain cases, we work on a legal aid basis. This will then be agreed with the lawyer.
Here too, a distinction is made between extrajudicial costs and procedural costs.
With regard to extrajudicial costs, Article 6:96(2) of the Civil Code stipulates that the liable party must reimburse reasonable costs if liability has been established and it has been established that the damage was caused by the event for which the other party is liable.
What is ultimately reimbursed depends on various factors, including the total amount of damage. Sometimes, therefore, the other party does not pay everything.
If proceedings are initiated in which the entire case is brought before the court, whether in summary proceedings or proceedings on the merits, the normal system of legal costs applies (see number 2). The rules for partial proceedings are the same as for extrajudicial costs, provided that liability has been acknowledged.
The invoice covers the lawyer's fee (remuneration for the lawyer's work) on the one hand, and disbursements and sales tax (VAT) on the other. Disbursements are the costs incurred by the lawyer on behalf of the case, such as court fees, bailiff's fees, costs for requesting medical information, the costs of the medical advisor and other experts, travel and accommodation expenses.
For other expenses (such as postage, telephone, fax, and photocopies), a standard rate of 6.5% will be charged.
a. Standard: The hourly rate depends in part on the financial importance of the case, the expertise of the lawyer, the complexity, the nature of the case, and the urgency.
b. Results-based: Two rates are agreed upon: a low rate (e.g., €150) if the objective is not achieved and a high rate (e.g., €350–€500) if the objective is achieved.
It may be agreed in advance or during the proceedings that (part of) the advance payment of compensation paid by the other party will be held in 'escrow' as a kind of buffer for future costs. During discussions about the financial aspects of the case, but also during the proceedings, the lawyer may request you to pay an advance into his office account. This is to help finance costs incurred or yet to be incurred.
At the end of the case, the bill will be calculated and any overpayment or the remainder of the deposit will be refunded to you.
If you have any questions about your lawyer's bill or timesheet, please contact us immediately. You are always entitled to a detailed breakdown and a clear explanation. If you still have objections to the bill after that, you can report this in writing, after which we will discuss the matter with you to reach a solution, possibly via the complaints officer.
In the unlikely event that we are unable to reach agreement, the claim can be submitted to the Disputes Committee for the Legal Profession, which has jurisdiction over all disputes, or, in the case of personal injury claims, to the LSA Disputes Committee.
