What is the Right to Free Choice of Lawyer?
Many companies and individuals have legal insurance. As soon as a judicial or administrative procedure is at issue, the insured has the right to choose a lawyer themselves. This means that the insured may also choose a lawyer who does not work for their legal insurance. This has been determined by the European Court of Justice. The right to free choice of lawyer applies, for example, when employment law proceedings are initiated. Consider a dismissal procedure through UWV Werkbedrijf or the subdistrict court, but it also applies in case of an objection procedure against the UWV. If a lawyer from outside the legal insurance is chosen, the legal costs incurred will ultimately be reimbursed by the insurer. However, it is important to obtain prior consent from the legal insurance provider. Contact us free of charge to inquire about the possibilities.
Choose your Own Specialized Lawyer
The information from insurers about free choice of lawyer is often very unclear and legal insurance providers create various barriers to hinder the insured in exercising their right to free choice of lawyer. This while choosing a specialized lawyer yourself has advantages for the insured. Free choice of lawyer offers the opportunity to choose a lawyer who truly understands the problem, a lawyer who is experienced and specialized. The lawyers at Wessel Van der Lans are experienced and expert in the field of employment law.
It can also occur with large insurers that the opposing party already has insurance with the same insurer. This can create conflicts of interest. Wessel Van der Lans, on the other hand, is independent.
Moreover, it is very important that the insured can trust their legal representative well. While the internal lawyer of the legal insurance is interested in settling the case as quickly as possible, Wessel Van der Lans focuses on a good outcome of the case. We handle the case in a personal manner, listen to the issues and determine a strategy together with the insured. Wessel Van der Lans is directly accessible, involved and goes for the maximum result.
Because we understand that it is difficult for an insured to exercise their right to free choice of lawyer, Wessel Van der Lans assists with registering the case with the legal insurance and we also handle further contact with the insurer.
Second Opinion Assessment at the Expense of the Legal Insurance Provider
Do you disagree with the assessment of the legal insurance provider? It regularly occurs that a legal insurance provider believes that a case has insufficient chance of success. The insurer does not take on the case for this reason or indicates that they will not continue to handle the (ongoing) file. Then ask, in consultation with the legal insurance, for Wessel Van der Lans to provide a second opinion at the expense of the insurer. Every legal insurance has a procedure for this, the disputes procedure. We assess the file and write the advice. If we do see opportunities, then the insurer adopts our advice and the handling of the file is continued.
Do you have any questions or would you like to engage us? Please feel free to contact us and inquire about the possibilities.
