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g a z e t t e
a p r il 1982
The Training of Advocates in the Netherlands
by
B. Th. Moerkoert, Editor of "Advocatenblad" Journal of Law Society of Netherlands
The Netherlands has about 14 million inhabitants of
whom almost 4000 are registered as advocates.
Of those 4000, presently about 1200 (approx. 300
women and 900 men) have been practising for less than
three years. Within the Netherlands Bar Association
(Nederlandse Orde van Advocaten) these young
advocates are called "apprentices". As far as clients and
the Courts are concerned, from the day of taking the oath
at the very start of their apprenticeship they act as
completely qualified advocates. At the end of the 3-year
practical training period they are deemed capable of
exercising the legal practice independently.
In order to be eligible for the Bar it is sufficient to have a
university degree in Dutch law. The course requires 4 to 5
years of study and does not (yet) include a separate
curriculum for advocates. One has to attend a number of
obligatory classes, however, such as civil law, constitu-
tional and administrative law, commercial law and
criminal law. After the theoretical university course one
could — at least before 1955 — immediately set up shop
as an independent advocate. To be refused registration as
an advocate was and is highly exceptional. In those days
experience was indeed acquired "in actual practice", with
all its inherent problems (for advocate and his practice);
particularly in those circumstances where the new
advocate had failed to obtain a place with an already
existing law firm.
In 1955 such problems, and a rather marked increase in
the number of advocates, resulted in the so-called
Apprenticeship Resolution being passed by the Bar. Its
purpose is to guarantee an adequate training and
accompaniment of the advocate.
Under the Apprenticeship Resolution every senior
advocate is required, as far as it is within his/her power, to
co-operate in the training of the (young) advocates.
The new advocate — the apprentice — is required to
practice under the supervision of a mentor and — as a
general rule — is also required to be employed in the
mentor's law firm. An advocate may act as a mentor only if
he/she has practised for at least 7 years.
The requirement for the apprentice to be employed at
the mentor's law firm cannot be met in all cases. The
capacity of the existing law firms, the number of
(motivated) mentors available, and the increasing number
of apprentices, have all contributed to the emergence of
more and more so-called "outside mentorships". This
means that the requirement to be employed in the mentor's
law firm is waived. From the very beginning the apprentice
sets up shop on his own and maintains contact with the
mentor by telephone and regular progress talks. It is clear
that this method of training should definitely not be
encouraged and that is why this option of exemption is
being restricted as much as possible.
At the end of the apprenticeship, an official certificate
which evidences the completion of the Apprenticeship is
handed down by the local District Council of the Bar
Association. That is, unless the Council is of the opinion
that the apprentice is not yet to be considered capable of
practising by himself.
At the end of the apprenticeship period, information on
the apprentices abilities is solicited by the Council from
the mentor and the apprentice himself, among others.
Should there be reason to do so, the apprenticeship period
may be extended. This occurs only rarely, however.
During the apprenticeship, the apprentice works under
the supervision and the responsibility of the mentor.
This does not mean, however, that the apprentice
does not from the beginning take cases independently and
also act independently towards clients. Of course this does
require the necessary self-discipline and an understanding
of one's own as yet limited skills. That is why the mentor
sees to it that the activities required are attuned to the
apprentice's lack of experience.
In the beginning, the apprentice carries out partial tasks
in the mentor's cases. He prepares drafts, letters and
briefs, attends meetings together with the mentor, carries
out literature and jurisprudence research, etc., etc. Apart
from these activities for the mentor, however, the
apprentice immediately begins to build up his own practice
as well, a practice which in the beginning consists mainly
of the so-called Poor Persons' Procedures (Legal Aid),
mainly concerning cases in the fields of family law, Rent
Acts, labour law and criminal law. From the very
beginning, the apprentice may also be nominated an
official receiver in bankruptcies. The varied practice is of
particular importance as the apprentice — during the
apprenticeship — should get acquainted with as many
areas of the law as possible.
In most cases, the mentor's practice is specialised one
way or another and thus too restricted for "general-
purpose" training. In actual practice, the consequence
normally is that the training and accompaniment by the
mentor are restricted to general abilities which an
advocate should possess in order to practise adequately,
and a technical training in the specific professional skills of
the mentor. For training in general practice, the apprentice
will often resort to an older apprentice or employee of the
law firm.
Indeed in many cases the mentor may not be
sufficiently informed about the latest developments in
those fields of law which he does not count among his
professional skills anymore. In due course the apprentice
— depending on his progress — will start to treat
independent cases on request by his mentor or other
partners. Also, in due time he will make a choice —
depending on his own preferences and the wishes of the
law firm — regarding those areas in the general law
practice most suitable to him. Thus, at the end of the
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