Claiming Back Legal Aid: What to Do?


Questioner

I had to hire a lawyer because benefits had been stopped, legal aid was requested with a reference year adjustment, which was granted, I had to transfer €775 once and later €387.50 for another lawyer. I was proven right in both cases and the opposing party had to reimburse all costs. Ultimately, legal aid was withdrawn and other costs were waived. Now the lawyer does not want to pay back my legal aid, I have contacted the legal aid board and they told me that I am entitled to my legal aid, but the lawyer refuses to pay it back. Pay, what can I do?

Lawyer

If you are entitled to reimbursement of legal aid and the lawyer refuses, it is possible to file a complaint with the Bar Association. You can do this yourself or have a lawyer do it for you.

Lawyer

If the other party has paid all the costs of legal assistance, you are entitled to a refund of the own contribution. You can then, as my colleague indicates, file a complaint with the Bar Association. However, it is very unusual in the Netherlands for the other party to be ordered to pay all the costs of legal assistance. Usually, the other party is ordered to pay the costs of the proceedings, but this is usually not enough to pay the costs of the lawyer. That is why it is wise to check whether all the costs of legal assistance have really been paid by the other party or only the costs of the proceedings

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