Area of expertise | Professional Liability & Disciplinary Law

A client of a professional can hold the professional liable for alleged damages resulting from the professional’s actions or omissions. The client’s expectations regarding the given advice or provided assistance have not been fully met, or not met at all. The cause of this often involves complex factors. Were the client’s expectations justified? Did the client provide the professional with the correct information? Did the professional meet their duty of care? Or did the professional simply make a mistake?

These and many other questions must be answered in order to assess whether a client’s complaint is justified. The next issue to address is whether the client has suffered damage and, if so, to what extent. This is also not an easy question to answer. Most professionals are insured against these risks through professional liability insurance. To avoid losing the coverage of this insurance, it is crucial for the professional to act in accordance with the insurance terms and conditions.

Professionals are subject to (legally or otherwise) regulated disciplinary law. Both a regulatory authority and a client can file a disciplinary complaint against a professional. Each profession has its own specific framework for evaluation. Additionally, the disciplinary judges of various professions have their own body of case law, which they use to assess the professional conduct of the practitioner.

A disciplinary procedure is often used as a stepping stone for professional liability. This must be taken into account. The concurrent running of disciplinary proceedings and proceedings in administrative or criminal law should also be considered when preparing a defense. The disciplinary authority can impose measures ranging from a warning to a (temporary or permanent) removal or disbarment from the profession.

If you, as a professional, are involved in a disciplinary procedure, it is typically emotionally taxing. After all, your professional conduct is being scrutinized by your peer group. It is of utmost importance that such proceedings are handled with expertise and detachment.

Administrative law provides opportunities to impose fines on third parties, such as tax advisors, accountants, lawyers, and notaries, either in a disciplinary procedure or in cases of professional liability. Administrative fines can be substantial, and professional liability insurance may not always cover them. Expert legal assistance can prevent significant issues in such cases.

Professionals run the risk of becoming involved in criminal prosecution—either due to their own actions or through association with the activities of their client. Most often, this concerns forgery (Article 225 of the Dutch Penal Code). In such cases, timely legal assistance can prevent more serious consequences.