Different professions are subject to disciplinary law. Not only a lawyer is subject to disciplinary law, but also accountants, doctors, notaries, bailiffs and bankers. Bank employees, like lawyers and doctors, also have to take an oath (the banker’s oath). Disciplinary procedures are special procedures; both for the accused and the person making the complaint. Fennek’s lawyers have experience with such hearings where excellent preparation is of great importance.
Submitting complaints and disciplinary law: how does it work?
Disciplinary law (in simple terms) contains the rules on how the different professionals should practice their profession. The aim is to improve quality and protect the client or patient against improper and careless action. Usually submitting a complaint is fairly straightforward, but the grounding of the complaint on the relevant regulations is usually not.
Which regulations apply in disciplinary law?
Disciplinary law is contained in various regulations. For lawyers including in the Lawyers Act, for civil-law notaries in the law on civil-law notaries and for doctors in the Act on Professions in Individual Health Care. It is important to note that these regulations often also contain open standards, for example that an accountant may not act (or omit!) in conflict with the importance of the proper exercise of the accountancy profession. Such open standards are often interpreted in case law.
What kind of sanctions do apply in disciplinary law?
The sanctions in disciplinary law are different, but usually amount to (in order of seriousness):
– (Conditional) suspension
– Professional ban
Liability and disciplinary law
Disciplinary proceedings can influence whether liability is also involved. Liability for a doctor, notary, accountant, or other practitioner often depends on whether the practitioner has acted as might be expected from a reasonably acting professional.
Often a professional is insured. Insurance is compulsory in most professions.
Fennek specialized lawyer in disciplinary law
Questions about disciplinary law? Involved in a complaint yourself? Since it is hard for the defendant to view the matter objectively, it is wise to be assisted by a lawyer. Jasper Hagers is a specialized disciplinary lawyer and can help you with your question.