Employment lawyer (advocaat) or employment law specialist (jurist): what is the difference?

If you are looking for help with your dismissal or settlement agreement, you will come across both employment lawyers (arbeidsrechtadvocaten) and employment law specialists (arbeidsrechtjuristen). That can be confusing. Is a lawyer better? Do you need one? The short answer: for a settlement agreement, you do not need an advocaat. What counts is specialisation, experience and knowledge of employment law.

What is an advocaat?

The title advocaat (attorney-at-law) is protected. You may only call yourself an advocaat if you have been sworn in and are registered with the Netherlands Bar (Nederlandse orde van advocaten). As an advocaat, you are bound by various rules of professional conduct, mandatory training and supervision.

What is a jurist?

The title jurist (legal specialist) is not protected. In principle, anyone who has studied law is a jurist. An employment law specialist is a jurist who has specialised in employment law.

This also means that the title alone does not say much. With a jurist, it is particularly important to look at their background, specialisation and experience.

So is an advocaat better?

No, not by definition. The difference is that an advocaat is registered with the Bar and a jurist is not. That says little about the quality of the advice. An experienced employment law specialist can advise and negotiate just as well as, or better than, an advocaat.

When do you need an advocaat?

Only if it comes to proceedings in which representation by an advocaat is mandatory.

• Before the subdistrict court (kantonrechter), anyone may conduct proceedings: an advocaat, a jurist, and even you yourself.
• Before the court of appeal (gerechtshof), i.e. on appeal, only an advocaat may conduct proceedings.

A settlement agreement is about advising and negotiating, not litigating. For the vast majority of dismissal cases, an advocaat is therefore not necessary.

Are there advantages to a jurist?

Yes, certainly. Precisely because an advocaat is bound by various rules of professional conduct, training requirements and costs, law firms are generally more expensive. This is reflected in the hourly rate.

In addition, certain arrangements are not permitted for an advocaat. For example, an advocaat may not agree a fee that depends on the outcome. A jurist may. This allows us to offer the Happy Exit guarantee with our strong negotiation package: if the settlement is not substantially improved and your employer does not reimburse the costs in full, you pay a lower price. Read more about our fees in How much does an employment law specialist cost?.

And what about confidentiality?

An advocaat has a statutory right of non-disclosure (verschoningsrecht, legal professional privilege). This means that, in legal proceedings or a criminal investigation, they can refuse to give evidence about what a client has confided in them. A jurist does not have that statutory right.

In a settlement agreement, this virtually never plays a role in practice. It is about advising and negotiating with your employer, not about proceedings in which someone is compelled to give evidence. What does matter is that your data is handled with care. With us, confidentiality is laid down in our agreements with you, and we do not share your documents and information with anyone without your consent.

Why Alain Heunen is deliberately a jurist

Alain Heunen, founder of The Employment Desk, worked for ten years as an employment lawyer (advocaat), including at AKD and Workx Advocaten. He now works as an independent employment law specialist. That is a deliberate choice.

For the work he does, advising and negotiating on dismissals and settlement agreements, he no longer sees any added value in the title advocaat. The specialisation is there, the experience is there and the knowledge is there. What does the title advocaat still add? Nothing. Except higher costs, which ultimately end up with the client.

How do you choose the right help?

When choosing an advocaat or jurist, look mainly at:

• specialisation: do they practise employment law exclusively?
• experience: how many settlement agreement cases have they handled, and in which segment?
• clear pricing: do you know in advance what it will cost?
• experience with your situation: for example with bonuses, RSUs, stock options or high severance payments.