Dutch lawyers are facing the prospect of losing self-regulation entirely following their own Clementi-style review.
A committee has recommended to the government that an independent regulator be imposed on top of the existing Netherlands Bar Association (NBA), consisting of experts appointed by the Ministry of Justice.
It would have all regulatory power over the profession, as well as the task of ensuring the proper functioning of the legal market, with the NBA confined to an advisory role.
The NBA has expressed its opposition to the new regulator, arguing that it threatens the independence of the profession.
The report also recommended that neither the ownership nor management of a law firm should consist of a majority of non-lawyers.
The NBA has formally requested the Council of Bars and Law Societies of Europe (CCBE) to intervene with the Dutch authorities in support of the bar. Last year, the CCBE issued a position paper stating that 'an independent legal profession is the cornerstone of a free and democratic society. Self-regulation, conceptually, must be seen as a corollary to the core value of independence'.
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