Legal aid in the Netherlands: a lawyer on a low income

If you have a legal problem in the Netherlands but cannot afford a lawyer yourself, the state can help. This is called gesubsidieerde rechtsbijstand (subsidised legal aid). The system has two layers: free advice at the Juridisch Loket, and a lawyer or mediator with a toevoeging (legal aid certificate), where the state pays a large part of the costs and you pay a personal contribution.

First step: the Juridisch Loket

Het Juridisch Loket (the legal advice service) gives free personal legal advice to people with a low income and little savings. You call 0800-8020 free of charge and a call-back appointment with a legal adviser is made. You can also walk in without an appointment during a drop-in session. No lawyers work at the Juridisch Loket. The advisers help you understand your problem, tell you what you can do yourself and refer you on if you need a lawyer or mediator. The website, with explanations and template letters, is free for anyone to use.

Going through the Juridisch Loket is not required to obtain a toevoeging, but if you are unsure whether you need a lawyer, the Raad voor Rechtsbijstand does recommend it.

The toevoeging

If you need a lawyer or mediator, the state can contribute through a toevoeging. It is granted by the Raad voor Rechtsbijstand (RvR, the Legal Aid Board). You do not apply for it yourself: your lawyer or mediator prepares the application with you and submits it, usually before the work starts.

The RvR looks at two things:

• The substance of your problem. Is a lawyer or mediator really needed, and does the problem fall within the scheme?
• Your income and assets. The RvR obtains these from the tax authorities and uses the figures from two years ago (the reference year, peiljaar). If you live with a partner, their income and assets count too. If your income or assets are above the limit, the toevoeging is refused.

Is your income or assets now lower than two years ago, for example after a dismissal or a divorce? Then you can ask for a change of reference year (peiljaarverlegging), so that the RvR looks at your current situation.

The personal contribution

With a toevoeging you pay a personal contribution (eigen bijdrage) directly to the lawyer or mediator. The higher your income, the higher the contribution; the type of case also plays a role. In certain cases you automatically receive a discount. These amounts are adjusted regularly, so check the current income limits and contributions in the Raad voor Rechtsbijstand's tables, or ask the lawyer at first contact.

Two things to keep in mind:

• If the case brings in money, for example through the sale of a house after a divorce, the RvR may assess afterwards whether you must pay the costs yourself after all. This is called result assessment (resultaatbeoordeling).
• Not everything is covered. The court fee (griffierecht) is not, although a toevoeging can get you a reduced rate. Procedural costs such as bailiff and witness costs you pay yourself; if you lose, you can also be ordered to pay the other side's costs.

Finding a lawyer who takes legal aid cases

Not every lawyer works on a toevoeging basis. To do so, a lawyer must be registered with the Raad voor Rechtsbijstand. Ways to find one:

• Search the RvR register by town and area of law.
• Use the RvR's matching service, which helps you find a lawyer or mediator suited to your problem, your language or where you live.
• Ask the Juridisch Loket for a referral.

At first contact, always ask explicitly whether the lawyer works on the basis of a toevoeging, and what your personal contribution is likely to be. If you have legal-expenses insurance, first check whether it covers your case.

This page is general information about how these matters usually work in the Netherlands. It is not legal advice about your own case, and only a lawyer who has read your documents can give you that.