Under European law (Directive 87/344 / EEC on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance), every policy of a legal expenses insurer must state that the insured person is free to choose a lawyer of his choice. The obligation to guarantee a free choice of lawyer is also included in Articles 4:65 and 4:67 of the Netherlands Financial Supervision Act.
Two judgments of the European Court of 2013 (the Sneller / DAS case) and 2016 (the Massar / DAS case) have considerably extended the insured's right to a free choice of lawyer. In the Sneller / DAS case, the CJEU held that the preamble to
the Directive and Article 4 (1) were to be interpreted such that the interests of persons covered by legal expenses insurance must have the freedom to choose their own lawyer. In the Massar / DAS case it was decided that the right to free lawyer choice also applies to the dismissal procedure at the UWV.
That depends on the policy. There are policies that stipulate that as soon as the insured is entitled to legal aid under the policy, the insured may call in a lawyer of his choice. The insurer therefore limits itself here to insuring the risk and the legal work is then done entirely by the chosen lawyer.
But many policies stipulate that an external lawyer of the insured's own choice may only be brought in when legal proceedings have to be started or when the insured person has been summoned. In both cases we as Minerva Advocaten can assist you.
We notice that clients like having a case handled by a lawyer of their choice. Our lawyers are experienced in conducting proceedings and we are happy to help you. You can always call us to submit your case without obligation and to get to know us. We are ready for your interest, even if you are looking for a second opinion in case of a conflict with your legal expenses insurance. It is not without reason that our motto is: "Your problem, our concern." Contact us today.
Hein Kernkamp will gladly help you further.