Bernard Hubeau

Legal malpractice in Belgium: redress from a client perspective

ABSTRACT This article focusses on the mechanisms providing direct redress for a client, victim of legal malpractice, in Belgium. Generally jurisprudence focuses on lawyer discipline (regulatory approach), while the client perspective (end-user approach) is somewhat overlooked. From his perspective, the client does not care if a certain duty is expressly embedded in the Code of Ethics of the Bar, the main point is which remedies are available. The paper starts off with the analysis of some of the (limited) data available regarding malpractice claims in Belgium. Secondly, the different means of redress available are examined. The two collective insurance policies concluded by the Bar Associations constitute the most important means of redress. The first collective insurance protects clients against errors committed by their attorney. The second collective insurance protects clients against the mishandling of their money. Since the 1st of January 2016 consumers can seek assistance from the Ombudsman Service for Consumer Disputes involving Attorneys. Finally, the individual redress through ordinary court procedures is discussed. The article has adopted an end-user approach. It focuses on how a consumer/client can obtain redress in cases of legal malpractice.

Socially responsible legal aid in Belgian society: time for a thorough rethink?

The legal aid movement started from the notion of social action. Today, legal aid constitutes a highly commodified field that continues to be dominated by jurists and lawyers. For this reason, the kind of critical reflection that already exists in social work is also required in relation to the notion of legal aid as envisaged by the legal aid movement. Justiciable problems necessarily manifest themselves in a social context. An evolving community, faced with increasingly complex issues, demands a multidisciplinary approach, as it becomes clear that the traditionally deterministic view of professions ought to be abandoned. A ‘socially responsible legal aid system’ therefore presupposes that various disciplines should mutually influence one another. Hence, the jurist and the social worker should not only work side by side, but they should also collaborate and mutually enhance one anothers activities and approaches. There is a need for an overarching holistic approach that can reassert the legitimacy of legal aid. Looking at legal aid services in Belgium, one may conclude that a critical reflexive attitude on the part of current legal aid providers is crucial for attaining an effective socially responsible legal aid practice that stretches across the boundaries of different professional groups.