Jean Van Houtte

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.

Towards a more effective legal aid. The Belgian case in comparative perspective

This article attempts to establish how legal aid systems in countries neighbouring Belgium cope with their citizens’ legal aid problems, as well as how their systems are organised and funded by their governments. Legal aid does not even seem to be comprehensive and generous in all the countries compared. From the comparative analysis of the five countries, it would appear that the more funding there is, the more systems can be defined as generous and comprehensive: in other words, where there is a political will to provide the necessary budgets. As legal practitioners undeniably play a role, this complicates the process of achieving a balance between budget restrictions and decent fees. Questo articolo cerca di accertare come i sistemi di gratuito patrocinio in Belgio e nei paesi circonvicini provvedano a sovvenzionarli e come siano organizzati e finanziati dai governi. Il sovvenzionamento del patrocinio per i meno abbienti sembra essere completo e generoso in tutti i Paesi considerati. Dal punto di vista comparativo, sembrerebbe che quanto piu i sistemi sono finanziati tanto piu possano definirsi generosi e completi: in altre parole, cio accade quando vi e la volonta politica di fornire i fondi necessari. La presenza inevitabile degli avvocati complica la ricerca di un equilibrio fra restrizioni di bilancio e onorari accettabili.