A lawyer may perform tasks in capacities other than as a lawyer, such as acting as a trustee, mediator, or fact-finder. It is expected that a lawyer clearly indicates the capacity in which they are operating. However, in practice, this is not always clear, as evidenced by disciplinary cases. NOvA aims to amend the regulations concerning this issue. Implications of Acting in Different Capacities Performing duties in a capacity other than as a lawyer has significant implications, such as for attorney-client privilege. Uncertainty about the capacity in which a lawyer operates during fact-finding has prompted a review of the current regulations. The intention is to include a requirement in the Voda mandating that lawyers explicitly state the capacity in which they are working: as a lawyer or in another capacity, such as a trustee, mediator, or 'independent' fact-finder. This proposal goes beyond the current Rule 9 and emphasizes the obligation for lawyers to be transparent about their professional capacity. According to the General Council, this enhances role clarity more broadly and provides necessary clarity for all involved parties. Advisory Process The Advisory Council, the Regulatory Advisory Committee, and the local deans will initially provide input on the proposed regulatory changes. Subsequently, the proposal will be scheduled for the Board of Delegates meeting on September 30, 2024. Ensuring Clarity Specifically for conducting fact-finding in the capacity of a lawyer, NOvA is developing a model to inform third parties about the lawyer's role. Discussions have been held with practitioners about this model. …
1
Aug
During the meeting of the Board of Delegates of the Dutch Bar Association (NOvA) on June 25, Maaike Bomers was elected to the General Council. She will begin her role as a board member on July 1, 2024. Background and Experience Mr. M.L.J. Bomers has been a lawyer since 1994 and currently runs her own …
