Dutch local counsel for foreign law firms

Does your client face a dispute with a Dutch business, proceedings in the Netherlands or the need to recover against assets located here? Arslan Advocaten welcomes enquiries from foreign lawyers about the Dutch part of a matter. Start with the parties, the immediate deadlines and the assistance you need.

Our correspondent approach is open to firms in the same country. It does not require an exclusive national partner, reciprocal referral quotas or membership of a closed network. The terms of each instruction, including communications with the client, must be agreed before work starts.

Define the Dutch assignment

A first discussion should distinguish between an initial assessment, a discrete procedural step and representation throughout a dispute. Potential assignments include commercial claims and defences, unpaid business invoices, contractual disputes, interim relief and the assessment of recognition or enforcement of an existing decision. We first establish whether the matter fits the available lawyer’s expertise and capacity.

Start with a conflict check

Please provide your firm’s name and contact details, the names of the client and other relevant parties, the nature of the dispute and any urgent hearing or response deadline. Do not send a complete confidential file before the conflict check and a suitable transfer method have been agreed. If a date is uncertain, identify the document from which it may arise.

An enquiry does not create an engagement or transfer responsibility for a deadline. Express confirmation of acceptance and the scope of the instruction are required.

Keep the client relationship clear

At the outset, agree who the client is, who may give instructions, who will pay invoices and who receives advice and procedural documents. Where the foreign firm remains the coordinating adviser, reporting and client contact can be organised accordingly, subject to the Dutch lawyer’s professional duties and the client’s interests.

Direct client contact, copying arrangements and any need for local-law advice should be recorded. An instruction for a Dutch dispute does not automatically extend to unrelated work for that client. There is no requirement to transfer the whole relationship.

Scope, reporting and budget

The engagement should name the responsible Dutch lawyer, define the deliverables and identify assumptions and exclusions. Agree the reporting language, the next milestone and the events that trigger an update, such as receipt of a pleading, a court decision or a material change in the risk assessment.

Fees and anticipated external costs should be explained before the relevant work is undertaken. Court fees, bailiff costs, translations, experts and possible adverse costs require separate consideration. Recoverable litigation costs may differ from the client’s actual expenditure.

What to prepare after the initial check

• A short chronology and the relief your client seeks.
• The contract, applicable terms and jurisdiction or arbitration clauses.
• Relevant invoices, delivery records and correspondence.
• Existing pleadings, judgments or awards and service documents.
• Information about assets, insolvency indicators and known counterclaims.
• Your proposed division of work and the client’s instructions.

Referral terms

We do not pay for referrals. Any sharing of work, fees or responsibility must be expressly agreed and consistent with the applicable professional rules. References to cooperation do not imply a partnership or a foreign office.

Discuss a potential instruction

Use the business enquiry form and identify the message as an enquiry from foreign counsel. For the underlying services, see business law and international debt collection.