FAQ
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Financial difficulties
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As a self-employed professional, you are entitled to mutual insurance benefits from the first day of incapacity for work, provided the condition lasts more than seven days. You must file a declaration of incapacity for work using the “Certificate of Incapacity for Work for Self-Employed Workers” available on your mutual insurance provider’s website.
Benefits are paid as a daily flat-rate allowance. The amount depends on your family situation:
- €77.95/day if you have dependants
- €61.77/day if you live alone
- €47.38/day if you are cohabiting
If your incapacity for work lasts beyond a quarter, you can request an exemption from social security contributions from your Social Insurance Fund. If the incapacity for work continues over several quarters, it is advisable to apply for assimilation to protect your pension rights.
- €77.95/day if you have dependants
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The benefits you receive for initial incapacity for work and disability are considered replacement income. It is therefore mandatory to declare them in your annual tax return.
To avoid a heavy tax burden at the end of the year, it is recommended to make advance payments.
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If your incapacity for work leads to a loss of income, you can request an exemption from social security contributions from your Social Insurance Fund. If the incapacity for exceeds one quarter, applying for assimilation is advised. This measure helps preserve your pension rights during this period when you are unable to work, without being penalised.
In the case of long-term sick leave, it is important to maintain your affiliation with your Social Insurance Fund. If you terminate it, you will lose your entitlement to mutual insurance benefits.
Applications for exemption or assimilation can be made directly to your Social Insurance Fund or to the INASTI [National Institute for the Social Security of the Self-employed]. The required forms are available on their respective websites.
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What does the bar social service do for lawyers in difficulty, to whom can I turn?
Cécile Roba is the head of the social service of the French-language Bar Association of Brussels.
She receives by appointment Monday to Friday. You can contact her by phone at 0473.17.00.91 or 02.508.62.69, or by email at cecile.roba@barreaudebruxelles.be.
This service provides confidential and personalised support to lawyers facing personal, financial, or professional difficulties.
Cécile Roba in her own words:
No one is immune to a setback in life, a moment of doubt or loneliness, stress or burnout, harassment, or uncertainty regarding the Bar’s social coverage or social security.
My role is unique in that, while I am attached to the service of the Bar Association, I can work with complete confidentiality and professional discretion, independently of the President of the Bar, the Vice-President, and other official bodies. Our cooperation focuses solely on providing high-quality support, solidarity, and attentive care.
To ensure discretion for lawyers, my office is separate from the main offices of the Bar Association. I receive by appointment to avoid having lawyers cross paths at my door.
I am here to help anticipate financial or social disasters and work with you to overcome them, so that you can regain a certain professional peace of mind.
I am supported by the professional and social commission, chaired by Patrick Van Damme, LLM. This commission is made up of several lawyers who provide moral and/or administrative support to colleagues in need of help to recover from delicate social or professional situations.
I also serve on the well-being commission chaired by Jean-Philippe Cordier, LLM. This commission deploys tools for the prevention of psychosocial risks such as stress, burnout, harassment, mistreatment, etc.
The well-being commission periodically organises themed conferences around well-being and the prevention of psychosocial risks in law firms. Far too few lawyers realise the importance of kindness and caring within their own practice and the benefits these bring. The commission also includes supporting lawyers who help in cases of conflict or harassment.
I work closely with the treasurer on exemption from Bar dues and with the Legal Aid Bureau for exceptional advance requests due to unexpected and extremely difficult financial circumstances.
My collaboration with the "Listening" unit of the Trainee Forum enhances my understanding of the challenges faced by trainee lawyers and their pupil masters.
Whether administrative, social, or relational issues arise, I am always available to listen and help restore confidence during times of doubt, conflict, stress, or other difficulties.
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The professional and social commission is one of the services offered to lawyers of the Brussels Bar.
The commission has a dual role, namely to provide opinions and recommendations to the President of the Bar or the Council of the Bar Association on all matters pertaining to the social status of lawyers, and to assist and support lawyers facing temporary economic or social hardship.
Requests for intervention must be submitted to the President of the Bar, the Chair of the Commission, or the Social Service.
For more information, go to the section dedicated to this commission:
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The psychological well-being commission has a double objective, namely to prevent psychological risks at the workplace and to provide personalised assistance to lawyers in difficulty.
For more information, go to the section dedicated to this commission:
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The “Listening” Unit of the Trainee Forum provides assistance and guidance to trainee lawyers facing challenges. If you’re experiencing temporary financial hardship, the unit may offer a one-off, tailored loan adapted to your specific situation.
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All lawyers are automatically affiliated with the Solidarity Fund which provides support to families in the event of death, with unconditional benefits such as allowances for orphans and a one-off allowance to the spouse.
In cases of personal difficulty, the fund can also offer financial support via conditional benefits, based on a social assessment.
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The Alfred Dorff & Richard Zondervan Foundation has a twofold objective. The first is social, i.e. to provide donations or interest-free loans to colleagues affected by accidents, illness, or other temporary hardships. The second is educational, i.e. to award additional study scholarships to young lawyers.
For more information, go to the section dedicated to this institution:
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Applications for exemption must be addressed to the Treasurer of the French-language Bar Association of the Brussels Bar, at the Courthouse, Place Poelaert, 1000 Brussels (tresorier@barreaudebruxelles.be).
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You may request an exceptional advance on the Legal Aid Bureau points you have accumulated during the year. Submit your application directly to the Chair of the Legal Aid Bureau. Advances can be up to 30% of the points, paid in two instalments within the year. If your request exceeds 50% in one go, it must be submitted to the Bar's social service, which will forward a recommendation to the Chair of the Legal Aid Bureau. Please note however that the opinion of the social worker is not binding.
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To help you navigate the various solidarity mechanisms of the Brussels Bar more effectively, we invite you consult this map.
Pupillage
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The trainee lawyer candidate must:
- Have obtained, in Belgium, a university-level degree (doctor of Law, prior to 1972), a licentiate or master’s degree in law. Candidates who hold foreign degrees must obtain recognition of equivalency through a university programme or by passing the aptitude test organised by AVOCATS.BE;
- sign an pupillage agreement with an accredited pupil master;
- Have been introduced before the Brussels Court of Appeal and take the oath of admission to the Bar;
- pay the registration fees to the Bar and the dues to the Bar Association;
- Be accepted by the Council of the Bar Association on the list of trainee lawyers.
Procedure to follow for taking the oath of admission to the Bar:
- The trainee lawyer must be presented to the Brussels Court of Appeal by a lawyer with at least ten years of seniority on the register of the Bar Association.
- The swearing-in ceremony is held on 1 September (or the first business day of September), the first Monday of each month from October to December, and then every other month—on the first Monday of February, April, and June. If the first Monday is a public holiday, the ceremony is held the following Monday.
- To take the required oath, a trainee lawyer candidate must wear a legal gown. Gowns may be hired from the lawyers’ cloakroom located at the Courthouse (1 Place Poelaert, 1000 Brussels).
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Preliminary steps:
The trainee lawyer must email the following documents to the Pupillage Service at (stage@barreaudebruxelles.be) :
- A certificate of residence dated within the last three months;
- A criminal record extract dated within the last three months (issued by the municipal authority of his or her place of residence or via an electronic counter);
- A copy of his or her pupillage agreement, duly completed and signed, with an accredited pupil master. Note: The standard-format contract provided by the Barr Association must be used without fail, without altering its font, layout, order of articles, etc.
- The application form for admission to the oath ceremony and the list of trainee lawyers, fully completed and signed.
Documents to be submitted physically:
- After submitting the electronic application, the trainee lawyer candidate must submit the original of his or her degree to the pupillage office. If the person in question does not hold Belgian nationality or a Belgian master's degree in law, he or she must also present the original of his or her foreign degree and the original of its equivalency certificate and must be able to produce his or her identity card.
- The oath cannot be administered unless all the aforementioned documents have reached the pupillage office at least 10 working days before the scheduled date. The pupillage agreement must comply with the Legal Code of Ethics and the Brussels Rules of Professional Conduct. The trainee lawyer candidate will be informed by email.
By the day before the oath ceremony at the latest, the trainee lawyer candidate will receive an email with the schedule, location, and practicalities of the ceremony.
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- Except with authorisation from the relevant Presidents of the Bar, the pupil master must belong to the same Bar Association as the trainee lawyer.
- If the pupil master belongs to a different Bar Association, the rules of the trainee lawyer’s own Bar Association will apply.
- Before granting permission for a pupil master from another Bar Association, the President of the Bar will verify that they meet the conditions laid out in Article 3.6.a of the Brussels Rules of Professional Conduct.
- The pupil master’s professional address must be located within one of municipalities of the Brussels-Capital region without fail.
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- If necessary, complete your application for admission to the list of trainee lawyers.
If necessary, complete your application for admission to the list of trainee lawyers.
If you have not yet provided your third-party account number (either personal or that of your firm), or your company number (CBE), you must do so urgently via the AVOCATS.BE portal.Please note: You must update your personal details on this portal following any changes (firm name, residential or office address, telephone number, email address, etc.) via the AVOCATS.BE portal (https://portail/avocats/be/monprofil) throughout your legal career. You must also inform the pupillage office immediately during your pupillage. Otherwise, you may miss communications from the Bar Association
- Pay the registration fee and the dues to the Bar Association.
Once you have taken the oath, the pupillage office will send you a request to pay the registration fee into bank account no BE02 6300 2355 9440 of the French-language Bar association of the Brussels Bar. The registration fee amounts to €300. The dues to the Bar Association are based on your income.
- Wait for official confirmation of inclusion on the list of trainee lawyers before performing any professional act as a lawyer.
Once payment is received, your application for admission to the list of trainee lawyers will be posted publicly for 15 days.
You’ll receive written confirmation of your admission, your right to wear the legal gown, and to plead before the country’s various courts.
Please note: Until you receive this confirmation, you are not officially a lawyer. You may not use the title, perform any professional act as such, or wear the gown.
Please note: The letter of admission includes your lawyer identification number. This number will remain unchanged throughout your legal career and will be used for all official correspondence with the Bar and in CAPA [Certificate of Aptitude for the Legal Profession] exams, as well as for access to Bar’s various digital tools.
- Once you receive the confirmation letter from the President of the Bar:
Create a password for your @avocat.be email. Within 15 days of receiving your confirmation from the President of the Bar announcing his or her admission to the list of trainee lawyers, the trainee lawyer will use his or her email address @avocat.be address as the login to https://portail.avocats.be/reset-password and follow the procedure to create a personal password.
Can I use any email address? The Bar Association prohibits the use of free email services such as Hotmail, Gmail, Yahoo etc.) as they offer no guarantee of security, reliability, or confidentiality.
Each lawyer is automatically assigned a forename.surname@avocat.be address, which can be used in two ways:
The address will serve solely as an alias and will automatically and freely forward all messages to your chosen secure email address (your firm’s address or personal address), which will be listed in the directories of the Bar Association and the OBFG [Association of French- and German-language Bars of Belgium] / AVOCATS.BE; or
The lawyer will use the @avocat.be mailbox and address directly, which will be listed in the directories of the Bar Association and the OBFG. In this case, the lawyer must choose a subscription plan from the three available options, with costs payable to ContactOffice, the provider and manager selected by the OBFG / AVOCATS.BE
- Requesting the lawyer’s card
You must order your lawyer’s card via the link provided in the letter confirming your admission to the list of trainee lawyers.
If you do not hold a Belgian or E+ identity card, you must send an email to Mrs Kawtar Sadek Cherkaoui (kawtar@barreaudebruxelles.be), who will guide you through the process.
In either case, you will receive your lawyer’s card and instructions on how to activate it by registered post at the address provided when you ordered it.
- Registering for the first phase of CAPA courses
Within 15 days of receiving the Bar President’s letter confirming your admission, you must register for Phase 1 of the initial CAPA training, subject to availability, via lgo.avocats.be
Login: your e-mail address (…@avocat.be.)
Password: Same as the one used for the OBFG Extranet or National Registry (which you will have created previously (see above))
To do this, use your @avocat.be email to log in at https://portail.avocats.be/reset-password and follow the steps to create your personal password. You can then go to https://lgo.avocats.be/ to register for Phase 1 of the CAPA training.
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Compliance with professional ethics and collegiality
This includes in particular professional secrecy, confidentiality of communication between lawyers, and the avoidance of conflicts of interest.
Professional rigour
Being a lawyer is a demanding profession that requires unwavering rigour. Laws are constantly changing, and ongoing verification is essential. Extra care must be taken with the sources consulted. Whereas the internet can be a helpful tool, it can also mislead. Stay alert!
Obligation of continuing education and training
Continuing education and training is governed by Articles 3.26 ff. of the Code of Ethics. Lawyers must accumulate 60 points over three years, with a minimum of 10 points annually (the current three-year period having started on 1 January 2023). The constituent subjects of the training programme per period of reference must include at least ethics (4 points), and the prevention of money laundering and the financing of terrorism (2 points).
Trainee lawyers are generally exempt from continuing education and training requirements during the first and second years of their pupillage due to their CAPA programme.
Proper handling of third-party (client) funds
- What is a third-party (client) account?
A third-party (client) account is used strictly for managing funds on behalf of clients or third parties.
It must under no circumstances be used for personal or professional expenses. Withdrawals in cash or by cheque are prohibited unless prior special authorisation is given by the President of the Bar. The handling of client or third-party funds is strictly regulated and monitored by the Bar Association.- Am I required to have a third-party (client) account?
Every lawyer must hold an account titled “third-party (client) account” or “CAPA account,” used solely for third-party funds, opened with a financial institution approved by the OBFG or the OVB (Association of Flemish Bars ). It is also possible to use the third-party (client) account of your pupil master’s firm, subject to the latter’s prior consent. You must inform the Bar President of the account number you hold or use by declaring it on the application form for admission to your oath and the list of trainee lawyers.
- How and when to complete the declaration of third-party (client) funds?
Lawyers must declare the third-party (client) funds they hold on 31 December each year..
This declaration must be submitted online via the designated digital platform by 28 February at the latest.Compliance with anti-money laundering regulations
Preventing money laundering is part of particularly important obligations of lawyers. Non-compliance can lead to serious consequences, including financial penalties.
The Bar Association carries out annual checks based on a random selection.
The “Money Laundering” section of the Brussels Bar’s Extranet contains useful information, including forms and guidance documents intended to help lawyers fulfil their obligations.
Compliance with GDPR obligations
The General Data Protection Regulation (GDPR) sets out fundamental principles for the processing of personal data. Its implementation must therefore be tailored to the legal profession and the specific structure of a law firm.
Useful information and template forms are available in the GDPR section of the Brussels Bar’s extranet, as well as on the OBFG extranet.
Compliance with administrative obligations
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Three years of actual pupillage under a certified pupil master
- 3 full years
The pupillage must last three full years. This period will be extended to account for any suspensions, such as the time needed for a new pupil master to obtain certification.
- Minimum 900 hours put in per hear
The pupillage agreement requires the trainee lawyer to complete at least 900 hours per year for his or her pupil master.
How is a “worked hour” determined? A “worked hour” is defined as time the trainee lawyer dedicates to tasks assigned by his or her pupil master, including travel time (e.g. to court hearings or registries) and waiting time (e.g. before hearings or at registries), even if this time cannot be billed, in full or in part, by the pupil master to the client
Can my pupil master disqualify some of my worked hours?
Hours said to be worked do not include:
- Time spent by the trainee lawyer on other pupillage-related obligations;
- The hours during which the trainee lawyer observes passively of the pupil master’s work as a lawyer for pupillage purposes, without being actively involved in the case;
- Time spent at conferences, seminars, or personal professional development activities, unless these are required by the pupil master or directly related to a specific case assigned to the trainee lawyer.
What happens if I don’t complete 900 hours in the year? Must I return my pay?
- The system provides for an annual flat-rate remuneration in return for a number of hours worked over the year. The time spent by the trainee lawyer on their pupil master’s cases must therefore be calculated on an annual basis.
- That said, the annual flat rate covers hours worked between a minimum of 900 hours per year, which is equivalent to a monthly average of 75 hours, and a maximum of 1,200 hours per year, which is equivalent to a monthly average of 100 hours.
- It may therefore be useful to take stock of the situation during the course of the year and check whether, in light of the average number of hours worked in the preceding months, the trainee lawyer is on track to meet the 900-hour annual target or is likely to exceed the 1,200-hour ceiling. It is also an opportunity to discuss the cooperation, as well as the quality and quantity of the work provided.
Attend a mandatory orientation session
Trainee lawyers must attend an orientation session intended to explain the obligations of the pupillage, its purpose, and the goals of the training provided to the trainee lawyers. Attendance is mandatory.
Attend and pass both phases of the CAPA programme
What is the purpose of the CAPA courses?
The CAPA have several objectives, e.g. to:
- Standardise theoretical legal training among trainee lawyers from varied academic backgrounds;
- Teach ethics and the values of the profession to lawyers;
- Advise and support trainee lawyers in applying legal and procedural rules in practice;
- Provide a risk-free learning environment where mistakes will not harm the client;
- Promote the integration of the trainee lawyers into the Brussels Bar.
Attend 3 seminars organised by the ICBB (Brussels Bar Institute of Communication)
Trainee lawyer must attend three seminars organised by the Brussels Bar Institute of Communication. Registration is via www.icbb.be
Attendance during all seminar days is mandatory, though no exams are required.
Once Phase 1 of the CAPA is completed, the trainee lawyer is invited to register for a 3-day seminar on written and oral communication, including preparation for speech for the defence.
During the 2nd and 3rd years of pupillage, the trainee lawyer must participate in two additional 2-day ICBB seminars, selected from the following three seminars:
- Principled negotiation
- The lawyer in mediation
- Advanced public speaking
Pass the speech for the defence and written submission examination
How does the exam work, and what are the criteria for passing it?
Trainee lawyers are summoned by the Young Bar Conference Secretariat to undertake the speech for the defence exercise no later than the second year of their pupillage.
To be eligible to undergo the speech for the defence exercise, the trainee lawyer must have completed his or her initial professional training (CAPA – phase 1) and attended the three-day written and oral communication seminar organised by the ICBB.
This exercise requires drafting detailed submissions based on a statement provided by the Young Bar Conference, as well as presenting orally the arguments developed in support of the chosen position, in the form of a speech for the defence before an ad hoc jury composed of lawyers and a speech professional.
The exercise is carried out in pairs, with two trainee lawyers assigned per case, one acting as claimant and the other as respondent.
The written submissions and the speech for the defence are graded separately. To complete the speech for the defence exercise successfully, the trainee lawyer must obtain a total mark of 10 out of 20. If the trainee lawyer fails the exercise, they must retake both parts (submissions + plea).
What happens if I do not undergo or fail the pleading exercise?
If you do not undergo the pleading exercise within the required timeframe or fail the procedure outlined above (by scoring below 10/20), you will need to undergo the exercise again the following year. If your result is again below 10/20, you will be asked to appear before a special jury appointed by the Council of the Bar Association.
If you fail before this special jury, you will be summoned to appear before the Council of the Bar Association for a hearing regarding your omission.
Participate in 12 Legal Aid Bureau duty sessions
What is a legal aid duty session and what will I need to do?
In a legal aid duty session, lawyers provide free legal advice to anyone who comes to the Legal Aid Bureau. It is organised under the supervision of a leader, who is responsible for advising clients and, if needed, referring them to the secretariat of the Legal Aid Bureau to request that a second-line volunteer lawyer be appointed. The leader also helps with training and supporting the trainee lawyers within their group.
Handle six Legal Aid Bureau cases
In order to meet the legal aid requirements, trainee lawyers must handle six legal aid cases during their pupillage. This does not mean the cases must be completed during the pupillage period, but rather that trainees must be assigned to six cases and handle them diligently from the time of assignment.
Assignments may take place during legal aid duty sessions which trainee lawyers must attend during their pupillage, or separately, initiated by the trainee lawyers themselves.
These six legal aid cases must cover three distinct legal areas. Salduz cases, oral consultations, and simple letters (e.g., payment deferral requests) do not count. Nor do pro bono cases managed outside the legal aid system.
How to register on the LAO platform?
A presentation is available via the link: https://www.youtube.com/watch?v=c6qvx1nPUF0 or https://barreaudebruxelles-intranet.be/images/baj/LAO_Inscription.pdf
How to register for a specific legal aid area?
Registration for legal aid areas is done via the LAO platform.
Note: If you handle more than ten cases per year in a specific area, you must become a member of the relevant section (Article 3.7.9 ff. of the Rules of Procedure).
How to deregister from a legal aid area or section?
Requests to deregister from a legal aid area or section must be made through LAO.
Participate in 2 fieldwork projects: Refugee legal helpdesk or Trainee Forum projects
Trainee lawyers will have to take part in two half day fieldwork projects chosen from the following options:
- Participation in one or two sessions of the "Refugee Legal Helpdesk" organised by the Bar, following a short training session.
- Participation in one or two projects organised by the Trainee Hub, such as:
- Attending a hearing as part of the “audience” programme, following the Trainee Forum's procedures.
- Attending a “decentralised meeting” organised under delegation of the Legal Aid Commission according to the procedures defined by the Trainee Forum.
- Half-day visit to a prison as part of the “Discover a Prison” programme according to the procedures defined by the Trainee Forum.
- Half-day shadowing of a bailiff as part of the “Bailiff” programme according to the procedures defined by the Trainee Forum.
- Attending a “Petit Château” [reception centre for asylum seekers] session, according to the procedures defined by the Trainee Forum.
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1ST YEAR OF PUPILLAGE - INITIAL BASIC PROFESSIONAL TRAINING (PHASE 1)
During their first year of pupillage, the trainee lawyer must follow the course cycle beginning on the date closest to his or her oath-taking.
This training includes a shared core curriculum for all trainee lawyers, totalling 84 hours of mandatory classes, comprising:
- Ethics (16 hours)
- Practice of civil procedure (16 hours)
- Practice of criminal procedure (16 hours)
- Practice of administrative procedure (8 hours)
- Practice of legal aid (8 hours)
- Law firm management and compliance:
- Firm organisation including social security and tax obligations (4 hours)
- Anti-money laundering obligations (4 hours)
- IT tools available to lawyers (2 hours)
- General Data Protection Regulation (GDPR) (2 hours)
- Alternative dispute resolution methods (8 hours)
All the above courses are assessed by examination, except the course on alternative dispute resolution. Furthermore, the examination on law firm management and compliance does not cover the GDPR or IT tools section.
SECOND AND THIRD YEARS OF PUPILLAGE – PRACTICAL AND ADVANCED INITIAL PROFESSIONAL TRAINING (PHASE 2)
The trainee lawyer is required to attend:
Two mandatory courses assessed by examination:
- Advanced Ethics (12 hours)
- European Law, including the European Convention on Human Rights (ECHR) (12 hours)
Minimum of 24 hours of elective courses (not assessed), selected from the following (subject to possible changes during the year):
- Arbitration law (10 hours)
- Lease law (10 hours)
- Competition law (10 hours)
- Commercial distribution (10 hours)
- Consumer law (10 hours)
- Immigration law (10 hours)
- Bankruptcy law (10 hours)
- Family law (10 hours)
- Property law (10 hours)
- Insolvency law, natural persons and legal entitles (10 hours)
- Town planning law (10 hours)
- Juvenile law (10 hours)
- Public procurement law (10 hours)
- Reading balance sheets and annual accounts (10 hours)
- Medical law (10 hours)
- Wealth law – inheritance – liquidation and partition of the estate (10 hours)
- Advanced administrative procedure (10 hours)
- Advanced civil procedure (6 hours)
- Advanced criminal procedure (6 hours)
- Intellectual property (10 hours)
- Protective legislation for individuals and property (10 hours)
- Liability law and compensation for personal injury (16 hours)
- Civil enforcement law: seizures and methods of execution 10 hours)
- Salduz procedure (6 hours)
- Company law (10 hours)
- Advanced employment and social security law (16 hours)
- Road traffic law (10 hours)
Elective courses will be given only if at least 10 trainee lawyers are registered one week prior to the start of the course.
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For Phase 1 courses
Within fifteen days of receiving the letter from the President of the Bar confirming his or her admission to the list of trainee lawyers, the trainee lawyer must use his or her “avocat.be” email address (formatted as “forename.surname@avocat.be”) to log in to https://portail.avocats.be/reset-password and follow the procedure to create a personal password.
The trainee lawyer can then register for CAPA courses via: https://lgo.avocats.be
For Phase 2 courses
Registration for both mandatory and elective courses must take place within one month of receiving the letter confirming successful completion of CAPA Phase 1.
Trainee lawyers must ensure all courses are attended and examinations s taken before the end of their second year of the pupillage, so as to allow time for resits if needed and to ensure that the CAPA is obtained before the end of the third year of pupillage.v
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You should bear in mind that the fees for re-registering for to one or more courses (in the event of failure, insufficient attendance, cancellation or change by the trainee lawyer of the course registration fewer than five working days before its start date, re-registration fees will apply.
These are set at €20 per hour of instruction -
Credit for a course not assessed by examination will be earned only if attended at least 75% of the hours of the course.
Phase 1 examinations
All Phase 1 examination are oral.
Please note that there is no examinations for the MARC course. Furthermore, the examination for the law firm management and compliance course does not cover the GDPR or the IT tools made available to lawyers.
The trainee lawyer must obtain a mark of at least 10 out of 20 in all subjects assessed by an examination, or must have obtained a mark of at least 10 out of 20 in the ethics examination, the law firm management and compliance examination, and in at least three other subjects, as well as an overall average of at least 50% across all the examination components.
Unless a reasoned decision is made (justified in particular by the overall average), the board may not declare a trainee lawyer to have passed the examination if he or she has not achieved at least 10 out of 20 in five subjects, or if any individual mark is below 9 out of 20. Under no circumstances may the board declare the trainee lawyer to have passed if he or she not obtained at least 10 out of 20 in both the ethics examination and the law firm management and compliance examination.
Phase 2 examinations
There are no examinations for elective courses.
Mandatory professional training courses are assessed by either an oral or written examination, depending on the professor’s choice. According to the professor’s instructions, trainee lawyers must take the examination no later than three months after the course ends (excluding judicial holidays), or, for written examinations, at the next scheduled examination session following the end of the course.
To obtain the training certificate, the trainee lawyer must obtain at least 10 out of 20 in each subject with an examination. However, the examining board may also award a pass to a trainee lawyer who has scored 10 out of 20 in at least three examinations, and has an average mark of 50% across all subjects.
Deliberation – Initial or professional training
Following the deliberation of the examining board, the Professional Training Centre will communicate the results to the trainee lawyer and, if necessary, invite him or her to resit examinations in any subjects where he or she has scored below 10 out of 20 (Article 3.16.a of the Code of Ethics).
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In the event of a second failure, the trainee lawyer is generally no longer permitted to resit the examinations. However, he or she will be summoned before the Council of the Bar Association to present his or her case. The council may grant a third attempt, provided the trainee can prove exceptional circumstances constituting force majeure. If such circumstances are not recognised, the trainee will be removed from the list of trainee lawyers and will have to restart his or her pupillage from the beginning.
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Train the trainee in the legal profession
The pupil master ensures that the trainee receives genuine professional training, sharing his experience, guidance, and support, including in the trainee’s own cases and those assigned by the Legal Aid Bureau.
The pupil-master entrusts the trainee with various tasks such as legal research, drafting letters, agreements and procedural documents, receiving clients, consultations, court-related procedures, speeches for the defence, amicable dispute resolution, determining and invoicing retainers and fees, and so on.
The role of the pupil master is central to the training of the trainee lawyer.
It is the pupil master who ensures that trainee lawyers learn the profession in a gradual and effective manner, by answering questions and showing them how to approach a case or behave in relation to clients, opposing parties, judges, and authorities in general. The pupil master provides holistic feedback to help the trainee improve. It is also the pupil master who teaches the trainee how to manage deadlines and stress, while respecting the demands of the profession as well as the trainee’s own limits and private life. Finally, it is the pupil master who teaches the trainee to practise law in accordance with ethical and professional standards.
Pay the agreed remuneration and the trainee’s training registration fees (CAPA courses and ICBB seminars).
The trainee's remuneration may never be lower than the annual minimum rates set by the Council of the Bar Association, which as of 01 September 2025 are:
- €25,200 excluding VAT per year in the first year (paid in 12 equal monthly instalments)
- €32,400 excluding VAT per year in the second and third years (paid in 12 equal monthly instalments)
These monthly instalments may not be reduced on account of the trainee’s training obligations, holidays, or a period of incapacity for work of up to three months.
Pay the CAPA course and ICBB seminar registration fees.
The cost of the initial and professional training of trainee lawyers registered on the list of lawyer trainees is borne by their pupil master, through special dues set by the Council of the Bar Association.
These dues are currently set at €3,600, payable in two equal instalments. The pupil master may not claim reimbursement of this amount from the trainee, deduct it from fees due, or offset it in any way.
The pupillage agreement may however stipulate an obligation of repayment if the collaboration ends within for yours of the entry into force of the agreement, either at the trainee’s initiative without serious grounds or valid reason attributable to the pupil master, or at the pupil master’s initiative on serious grounds.
If the trainee changes pupil master, the new pupil master is jointly liable for the repayment towards the former pupil master.
Be aware of and respect the trainee’s obligations, allowing such time as necessary to fulfil them.
The pupil master must allow the trainee sufficient time to fulfil all his or her pupillage-related obligations, namely to:
- Attend a mandatory information session
- Complete first-year CAPA courses and pass related examinations
- Attend a three-day written and oral communication seminar organised by the Brussels Bar Institute of Communication (ICBB)
- Complete the submission and pleading exercise successfully
- Taking part in at least 12 legal aid duty sessions
- Handle 6 legal aid cases
- Attend and pass second- and third-year CAPA courses and examinations
- Participate in two ICBB seminars (4 days total) during the 2nd or 3rd year
- Engage in two half-day fieldwork projects
Make sure the trainee lawyer is aware of and complies with the code of ethics
The pupil master ensures that the trainee lawyer integrates ethical and deontological rules into everyday practice, starting by setting an exemplary standard himself. This includes compliance with anti-money laundering regulations and the GDPR.
Help the trainee lawyer integrate in the Bar
The pupil master helps the trainee integrate into both the law firm and the Bar, explaining the roles of Bar authorities and, where possible, that of the various associations and committees operating within the Bar association such as the Trainee Forum (www.carrefourdesstagiaires.com) and the Young Bar Conference (www.cjbb.be).
Show kindness and respect for the trainee’s well-being and privacy
The learning environment of the legal profession must in any must be nurturing and respectful of the trainee’s privacy. The legal profession is not easy. It demands rigour, adaptability, and stress management. The pupil master is expected to guide the trainee through this process progressively and respectfully for one and all.
Complete the report at the end of the pupillage
After three full years of pupillage, if the trainee has fulfilled all required obligations, he or she may request entry to the Roll of Lawyers. This application is assessed in part on the pupillage reports completed by each pupil master who supervised the trainee since his or her admission to the Bar.
Registration on the Roll is an important milestone in a trainee’s professional life, and the pupil master is encouraged to take the time to discuss with him or her the path he or she has taken since being called to the Bar and his or her future prospects.
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A trainee lawyer wishing to change pupil master must not only find a new pupil master, making sure that he is actually accredited by the Bar, but must also notify his or her current pupil master and generally serve a three-month notice period (Article 3.9 of the Code of Ethics).
If the contract with the previous pupil master ends before a new accredited one is signed, the trainee must apply for a suspension of their pupillage to the Vice President of the Bar, in accordance with Article 3.3 §2 of the Code of Ethics.
This suspension period does not count towards the total duration of the pupillage.
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It is provided below.
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A written request to transfer to another Bar must be made to each secretariat, for the attention of the two Presidents of the Bar concerned. The letter must include: the name of the new accredited future master and a summary of completed or ongoing obligations. The contract (following the template of the receiving bar) must be provided for verification purposes.
Once they have received approval from both Presidents of the Bar, the respective secretariats will liaise to forward your administrative file.
As certain pupillage obligations may differ from one bar to the other, you will have to comply with the requirements of the receiving bar.
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If the pupillage agreement is terminated, you must:
- Inform the Vice President of the Bar (stage@barreaudebruxelles.be) ;
- Serve (in principle) three months’ notice, which may be replaced by compensation.
Contracts may also be terminated without notice or compensation by mutual agreement or in cases of serious, proven misconduct. If a dispute arises, either party may consult the Vice President of the Bar.
Please note: In any event, as soon as the collaboration ends, the trainee lawyer must request immediately that the pupillage be suspended while awaiting to sign a new pupillage agreement with an accredited pupil master.
- Inform the Vice President of the Bar (stage@barreaudebruxelles.be) ;
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Article 3.2 of the Code of Ethics stipulates that time spent in a foreign law firm, in a company under the supervision of an in-house lawyer approved by the EU for at least five years, or as a legal assistant at an international court, may be counted toward the total duration of pupillage provided the following conditions are met:
- The trainee lawyer must have completed one full year of pupillage and fulfilled all obligations during that time;
- The trainee lawyer must have obtained prior authorisation from the President of the Bar;
- The trainee solicit must submit to the President of the Bar a detailed report of activities undertaken during the period, duly approved by the relevant supervisor(s) (pupil master, in-house lawyer, or magistrate).
The trainee lawyer remains subject to the Bar's disciplinary authority, without prejudice to the ethical rules applicable to the position held. He or she must continue to pay Bar membership fees throughout the pupillage abroad or in a company.
The term of pupillage abroad or with an international court may not exceed one year. It may not exceed one year full-time or two years part-time in a company.
- The trainee lawyer must have completed one full year of pupillage and fulfilled all obligations during that time;
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The suspension of pupillage applies when the trainee does not have an accredited pupil master or cannot temporarily complete the required 900 hours per year under supervision. In such cases, he or she is prohibited from performing any legal acts as a lawyer and must request that the pupillage be suspended.
The suspension period is not counted towards the overall duration of pupillage. The trainee lawyer remains on the list of trainee lawyers but cannot carry out any legal activity or exercise any rights or privileges of a practising lawyer.
The trainee lawyer may continue with the CAPA courses and examinations, ICBB seminars and pleading exercises, and may attend legal aid duty sessions, but cannot take on any cases, because he or she cannot carry out any legal actions.
The suspension of the pupillage does not dispense the trainee from having to pay the dues to the Bar Association or to comply with the disciplinary requirements thereof. Insofar as the trainee lawyer remains a lawyer during the suspension of his or her pupillage, he or she is also required to:
- Uphold the principles of dignity, integrity and professional discretion;
- Maintain (i) a principal office in the Brussels judicial district, and (ii) have a professional e-mail address.
The suspension of one or more pupillage obligations (the suspension of the obligations of the pupillage a) is intended for a period during which the trainee lawyer is authorised, only under exceptional circumstances, to practice law (in principle not to exceed 1 year), even though he or she has not completed all the obligations of the pupillage. This exceptional measure is granted only if the trainee lawyer has already completed at least one year of pupillage and has fulfilled all initial obligations.
This period during which the obligations of the pupillage are suspended is taken into consideration toward the total duration thereof.
- Uphold the principles of dignity, integrity and professional discretion;
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Upon request from the trainee and approval by the Council of the Bar Association, the interruption entails a situation where a trainee wishes to leave the Bar temporarily, e.g., to pursue another career or go on a trip.
According to Article 3.3 § 3 of the Code of Ethics, if the trainee lawyer wishes to return to legal practice later, he or she must complete all pupillage obligations again unless an exception is granted by the Council of the Bar Association. However, if the trainee obtained the CAPA certificate within three years prior to applying for re-registration, it remains valid.
Please note: the trainee lawyer and the pupil master must inform the Vice President of the Bar Association (via the pupillage secretariat: stage@barreaudebruxelles.be) immediately following the termination of the contract that binds the two parties as soon as it occurs (i.e. as of the notification thereof).
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Upon completion of the three-year pupillage (starting from registration on the list of trainee lawyers), and once all obligations are fulfilled (legal aid sessions, seminars, training hours, etc.), the trainee must undertake the following steps:
- Prepare a closing report for each completed Legal Aid Bureau case and send the list to the pupillage secretariat;
- Ensure that all third-party account declarations have been correctly submitted (via the platform from 2024 onwards and to the Treasurer of the Bar Association at carpa@barreaudebruxelles.be for earlier declarations);
- Complete or have the reports of the trainee, the pupil master(s), and the head(s) of the legal duty team.
- Prepare a closing report for each completed Legal Aid Bureau case and send the list to the pupillage secretariat;
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All necessary reports can be found on the professional section of the Bar Association’s website under the "Pupillage" section.
A model letter for requesting admission to the Roll of Lawyers is also available. The application must be addressed to the President of the Bar and sent to the Pupillage Secretariat at stage@barreaudebruxelles.be.
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Until all pupillage obligations are fulfilled, the trainee lawyer remains registered as a trainee, and the pupillage agreement remains in force until admission to the Roll of Lawyers, upon which the contract is terminated automatically..
If the Council of the Bar Association considers all requirements met, the trainee lawyer will receive written confirmation of his or her admission from the President of the Bar.
If the has not fulfilled all obligations after five years however, he or she may be removed from the list of trainee lawyers by decision of the Council of the Bar Association.
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- President of the Bar:
Mrs Marie Dupont, LLM
batonnier@barreaudebruxelles.be
02/508.66.59 (to make an appointment)
AS the Head of the Bar Association, she chairs the Council, represents the Brussels Bar before third parties and the OBFG, and makes sure that comply with the code of ethics and discipline.
- Vice-President of the Bar:
Mr Marc Dal, LLM
marc.dal@barreaudebruxelles.be
0475/59.50.22
He oversees the correct conduct of trainee lawyers and pupil masters in the 950 pupillages at the Brussels Bar and will succeed the current President at the end of her term.
He is assisted by
- Mr Françoise Dache, LLM, director of the department of pupillage and training (francoise.dache@barreaudebruxelles.be - 02/747.94.65 et 02/747.94.66)
- The department of pupillage and training
63 Rue de la Régence, 1000 Brussels (1st floor)
stage@barreaudebruxelles.be - 02/747.94.65 et 02/747.94.66
formation@barreaudebruxelles.be – 02/747.97.67 et 02/747.94.68
- Pupillage Commission
Chaired by the Vice-President, the Pupillage Commission settles disputes between pupil masters and trainee lawyers, advises on collective pupillage issues, and reviews individual applications for registration or admission of a trainee lawyer to the list of trainee lawyers or to the Roll (Article 3.21 of the Code of Ethics).
It also provides prior opinions when the Council of the Bar Association must decide on extensions of the duration of the pupillage or a removal from the list of trainee lawyers, and conducts such checks as it deems appropriate under Title 3 of the Ethics Code and Brussels Rules of Professional Conduct (Article 3.21 of the Brussels Rules of Professional Conduct).
Trainee lawyers may contact the Commission about any question relating to the organisation of the pupillage, including personal problems encountered during the pupillage or proposals to improve the status and training of the trainees.
- Social service of the Bar
Cécile Roba - 0473/170.091 - 02/508.62.69 - cecile.roba@barreaudebruxelles.be
Confidential support to all members of the Brussels Bar, including as regards the President of the Bar.
- Trainee Forum
A non-profit association tasked with welcoming, integrating and defending the interests of trainees of the Brussels Bar.
It is chaired by a delegate of the trainee lawyers elected every year.
This year’s delegate is Mrs Alexandra Blankoff, LLM.
https://carrefourdesstagiaires.com/
- Brussels Young Bar Conference (CJBB)
The Brussels Young Bar Conference organises exercises of speeches for the defence and numerous scientific, cultural and social events.
Ethics
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Under Article 441 of the Judicial Code: “Lawyers shall wear the attire prescribed by Royal Decree when exercising their duties.”
However, practice has nuanced the apparently general nature of this provision.
The gown is worn by the lawyer when appearing for or representing a client before:
- International courts,
- Judicial courts in Belgium (including Constitutional Court, Court of Cassation, Courts of Appeal and Labour Courts, Courts of First Instance, Labour Courts, Business Courts, Police Courts, and Justices of the Peace), but not required before decentralised justices of the peace,
- The Council of State and the Council for Alien Law Litigation, but not before other administrative bodies (the CGRA (central asylum authority), appeal commissions, etc.),
- A sitting or prosecuting magistrate,
- The institutions of the Bar Association (the President of the Bar, the Council of the Bar Association, the disciplinary council and the disciplinary appeal council), but not before the pupillage commission.
The gown is also worn:
- When appearing in person before the President of the Bar or the Council of the Bar Association, including when the latter is sitting in administrative litigation (pupillage, application for approval, application for registration, etc.), but not before the pupillage commission, nor when subject to disciplinary proceedings before the disciplinary council or its appeal body,
- at funeral tributes and professional jubilee ceremonies, but not at ordinary or extraordinary general meetings of the Bar Association,
- During duty sessions at the Legal Aid Bureau, but not during first-line decentralised duty services. It is acceptable for a lawyer to walk in gown from one judicial building to another within the Poelaert campus. The gown must always be worn buttoned, and, as a symbol of equality among lawyers, must not bear any decoration or distinctive sign of religious, philosophical or political affiliation.
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The question might seem absurd: Given that pupillage is designed as a period during which the trainee develops under the supervision of their pupil master the necessary skills for the practice of law, is it not contradictory to imagine undergoing that training elsewhere than within the Bar?
And yet… While the specific requirements of our profession are many, it remains inseparable from the provision of legal services to the client: the lawyer advises, mediates, and defends his or her client. And what better way to fulfil these duties than by broadening one’s horizons and understanding the specific needs of both our clients and those we will be dealing with in our professional practice?
Accordingly, while the training programme for trainees requires them to attend at least twelve duty sessions at the Legal Aid Bureau during their pupillage, they are allowed to replace up to four of them by participating in the programme organised by the Trainee Forum. This programme includes opportunities to accompany a bailiff or a member of the public prosecutor’s office for half a day, attend a hearing alongside a sitting magistrate, or visit a prison.
Provided the trainee has completed at least one year of pupillage and has fulfilled the obligations incumbent upon him or her during that time, he or she may, with the authorisation of the Vice-President of the Bar, undertake part of the pupillage abroad for a maximum of one year (or two years if part-time). This can be done in a foreign law firm, as a senior legal assistant at an international court, or with an in-house counsel. This period may count towards the total duration of the pupillage, provided the trainee submits a detailed report of the activities carried out during that time. The report must be approved both by his or her pupil master and by the professional (foreign lawyer, judge or in-house counsel) with whom he or she worked.
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Since the entry into force of the OBFG Regulation amending Articles 4.63 ff. of the Code of Conduct on 5 December 2022, “a lawyer may not refer to him- or herself as a specialist or use any similar term unless authorised to do so by a final decision within the meaning of this chapter.”
This authorisation attests to “in-depth knowledge, experience, and practice in a specific area of law, ” whereby the term “in-depth” applies to “knowledge” as well as to “experience” and “practice” of the relevant field.
It follows that unless formally recognised as such by the Council of the Bar Association in accordance with the procedure set out in Articles 4.65 ff. of the Code of Conduct, a lawyer may not present him- or herself on any platform whatsoever:
- as a “specialist”,
- nor as “specialised”, “expert”, “having advanced competence” or by any other term likely to suggest that he or she has in-depth knowledge, experience and practice in a particular area of law
The specific provisions relating to the accreditation procedure were presented in the previous article.
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Under Article 1.2, paragraphs 3 to 5 of the Code of Conduct, any lawyer who, personally or through their “professional structure” (professional company, firm, association, etc.) is “involved in or initiates an insolvency procedure” must inform the President of the Bar. The same applies if they are summoned before the court for businesses in difficulty, or in the event of the appointment of a judicial mediator or provisional administrator. The President of the Bar must also be kept informed “of the progress of the procedure”.
This provision mirrors Articles 6.35 and 6.37 of the same Code, which impose a similar duty of information on lawyers who bring a claim, a complaint, or even a simple legal action against a fellow lawyer.
This obligation to provide information undoubtedly enables the authorities of the Bar Association to ensure compliance with the core values of the profession and to protect clients from certain risks. It has happened, albeit, fortunately, only in extremely rare cases, that lawyers facing temporary financial difficulties have resorted to covering their personal shortfall with funds from their client account (account holding third-party funds), have been tempted to charge fees disproportionate to the principle of reasonable moderation, or have shown signs of disengagement, neglecting the handling of their cases.
Informing the President of the Bar of the commencement of insolvency proceedings enables him or her to exercise his or her prerogatives fully and, where necessary, to take disciplinary action or implement other measures he or she should consider appropriate.
But that is not the main point: In most cases once informed of the situation, the President of the Bar can recommend the use of support mechanisms provided by the Bar for lawyers. This edition of Forum gives several examples.
Whether it be the support offered by the professional and social assistance commission, advice and guidance from a member of the insolvency practitioners’ pool established by the Bar Association, advice from our social worker, Mrs Cécile Roba, facilities or waivers concerning payment of Bar Association dues, or the partnership with the Centre for Businesses in Difficulty operated by the BECI: Many services are available to assist lawyers experiencing financial hardship and to help them through difficult times.
In this area, as in so many others, the President of the Bar will be all the better able to fulfil his or he role as confidant and primary adviser to members of the Bar if those in difficulty are swift to inform him or her of their situation.
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A professional company through which a lawyer practises may, like any other entity, become involved in legal disputes: recovery of unpaid fees, a supplier invoice dispute, property litigation, tax or employment-related matters, etc.
Just as Article 1.2, paragraph 2, of the Code of Conduct requires a lawyer who is personally party to proceedings to be represented by a fellow lawyer, Article 2.35.1 of the same Code prohibits anyone acting in an administrative or supervisory role within a legal entity from appearing or pleading on its behalf, whether as a lawyer or as a statutory representative.
The lawyer must therefore instruct a colleague, who must not belong to the same firm. The lawyer whose professional company is a party to the proceedings may, with appropriate discretion, assist in the preparation of the case.
However, the lawyer representing the company remains subject to all professional duties. When acting on behalf of a colleague’s professional company, he or she is still acting in the capacity of a lawyer, which must be done with full independence from his or her client. The submissions he or she files will be his or her responsibility as a lawyer, as will the positions and arguments he or she present to the court.
Some years ago, our Council of the Bar Association also held that it was not contrary to professional fellowship to charge fees and expenses to a colleague one is assisting or representing, personally or via their professional company—provided one acts with due sensitivity in doing so.
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In the course of a judicial mandate entrusted by a court, a lawyer may have to contest a debt, challenge a third party’s liability, act in an official capacity as claimant or defendant in proceedings, or negotiate a settlement, etc.
Can that lawyer, once the mandate has ended, accept to represent the beneficiary of the mandate or his or her successors, particularly to continue a dispute, legal action or negotiation initiated during the judicial mandate?
The principle of independence requires them to refuse. As a lawyer, he or she cannot defend what he or she previously undertook personally in his or her capacity as court-appointed representative, even on behalf of the party or parties for whose benefit the mandate was exercised. He or she would effectively be defending their own decisions.
This position differs from that of a lawyer who has advised a client and subsequently represents him or her in the resulting or related litigation.
A fortiori, independence and professional discretion absolutely forbid him or her from acting as counsel for the opposing parties.
This is the correct interpretation of Article 5.43 of the Code of Conduct, which provides that a lawyer may not act in a matter in which he or she has already been involved “as a civil servant, judge, arbitrator, or mediator … or in any other comparable capacity”.
At its meeting of 14 May last, the Council of the Bar Association confirmed that the phrase "comparable function" in Article 5.43 of the Code of Conduct includes, in particular, judicial mandates. A lawyer who has been entrusted with such a mandate may not therefore act as a lawyer in a matter which he or she had previously dealt with in his or her capacity as a court-appointed representative.
A proposed reform of Title 2 of the Code of Conduct provides for the amendment of Article 5.43 to state expressly that a lawyer may not act in a matter he or she has previously handled as a court-appointed representative.
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Articles 7.4 ff. of the Code of Conduct allow a lawyer to speak to the media about a case in which he or she is acting, but only with his or her client’s prior consent and strictly within the bounds of defending that client’s rights.
When dealing with the media, whatever the platform or medium (print, broadcast, digital, etc.), the lawyer must scrupulously comply with the rules of the profession: He or she must preserve professional secrecy and confidentiality of communications between lawyers, act with dignity, discretion and loyalty, and respect the principle of collegiality. These rules also apply when a lawyer speaks about a case in which he or she have acted.
As a general rule, a lawyer who knows he or she will be speaking publicly about a case (ongoing or concluded) or about a client should first contact his or her President of the Bar.
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Article 5.100.a of the Brussels Rules of Professional Conduct states that “a lawyer shall not act on behalf of a close family member, nor on behalf of a colleague with whom he or she is partners, associates, or in a pupil-master relationship, or with whom he or she practises jointly as defined in Articles 4.14 ff. of the Code of Conduct.”
During the 2002–2003 judicial year, the Council of the Bar Association clarified that this principle—which predates the adoption of the Brussels Rules of Professional Conduct—also applies when the lawyer represents a legal entity managed by a close relative and receives their instructions from that relative.
In his Introduction to the Life of the Bar, President of the Bar Nyssens that the prohibition also applies to a company in which a close relative holds a significant majority share or occupies an executive role.
Independence is in point of fact one of the cornerstones of the legal profession. It is because lawyers are independent that their advocacy is meaningful and contributes to the administration of justice; and it is because they are independent from their client that they are able to act in their best interests.
Beyond the duty of independence, the principle of discretion also dictates that a lawyer should not act for a close relative or the latter’s company: maintaining a degree of separation from the client, and avoiding any shared interest, is part of the profession’s ethical standard.
Fees and expenses
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A lawyer’s fees are the remuneration for the services rendered and work carried out on your behalf.
This work may include in particular- Intellectual services such as drafting contracts, legal opinions, and procedural documents;
- Correspondence;
- Meetings;
- Consultations and interviews;
- Representation before courts, tribunals, and other authorities.
Your lawyer also devotes significant time to tasks that are not visible, such as reviewing your file, legal research, and administrative work related to case management.
In addition to their fees, your lawyer may request reimbursement of expenses incurred for your case, such as costs for correspondence, photocopies, telephone calls, travel, etc.
The lawyer will also ask you to advance or reimburse disbursements, i.e. amounts paid to third parties for the purposes of your case, such as bailiff fees, court registry costs, or expert reports.
A lawyer’s fees are often offset by the savings his or her intervention enables you to make.
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Due to the inherent uncertainties of legal proceedings, it would be unrealistic to expect your lawyer to determine the precise total cost of fees and expenses from the outset.
Nevertheless, your lawyer will endeavour, as far as possible, to provide at least a rough estimate. He or she will also regularly request interim payments or issue interim statements of account in order to avoid the accumulation of large sums that may later be difficult to settle.
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If you believe that the fees and expenses charged are excessive, or if you do not understand a particular item on the invoice, do not hesitate to raise it directly with your lawyer.
Open dialogue often resolves misunderstandings and difficulties.
If the problem persists, you may avail yourself of the free conciliation procedure organised by the Bar Association. This amicable procedure results in agreement in 75% of cases and is entirely free of charge.
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You should ask your lawyer, before he or she begin work on your case, about the method used to calculate fees and expenses.
There are four main methods for calculating legal fees:
Hourly rate method
According to this method, the lawyer records the time spent on the case and invoices it at the hourly rate(s) of his or her firm.
Hourly rates can vary considerably from one lawyer to another, depending in particular on their reputation, specialisation, experience or organisational structure. These rates may also take into account the importance, complexity or urgency of the case, as well as your financial means.Percentage-based method
Under this method, fees are calculated as a percentage of the actual stakes involved in the case. They are determined at the conclusion of the matter, taking into account the result obtained. However, the law prohibits fees from being based solely on the outcome.
The percentage applied may vary not only according to the result obtained, but also based on the same factors considered in the hourly rate method: reputation, specialisation, experience, and organisation of the lawyer; the importance, difficulty or urgency of the case; and the client’s financial means.Fixed-fee method
The fixed fee may be calculated either on a per-task basis or as a global fixed amount agreed in advance.
In the case of a per-task fee, the lawyer notes each service provided and charges a fixed fee for it.
In the case of a global fixed fee, a total fee is agreed in advance for the entire case.Retainer method
Fees consist of a flat-rate sum paid for a given period of time (monthly, quarterly, half-yearly or annually) or for a certain number of cases.
The method chosen may also be a combination of several of the methods described above. No particular formalities are required.
You are completely free to agree with your lawyer on the scope of his or her work, working hours, fees, etc.
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This will give you as clear an idea as possible of how the expenses and fees you are asked to pay will be calculated, as well as how frequently they will be invoiced. Do not hesitate to ask for any clarification on this point.
Alternative dispute resolution methods
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- Timesaving: These methods are often much faster than court proceedings, so disputes can be resolved in weeks rather than months or years.
- Confidentiality: Unlike public court proceedings, such alternative methods ensure total privacy, protecting the privacy of the parties and the details of the dispute.
- Preservation of relationships: By encouraging dialogue and cooperation, such methods help preserve relationships between the parties—often crucial in family or business disputes.
- Retention of autonomy: The parties retain more control over the final outcome by working together, or with experts, to reach an agreement.
- Cost-effective: The expenses associated with alternative methods are generally lower than those of court proceedings, thereby reducing the financial burden on the parties.
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- Mediation enables the parties to regain autonomy in defining and managing their dispute. Together, they can seek creative, bespoke solutions that resolve the conflict while respecting public order.
- Mediation allows control over both time and cost, usually lower than those of traditional litigation, making the process accessible and efficient.
- The mediation process is entirely confidential, so that discussions and agreements remain private.
- Mediation considers the relational aspects between the parties to foster a lasting and satisfactory resolution for everyone involved.
- Solutions developed in mediation are built by the parties themselves, which encourages voluntary and often more sustainable compliance.
- Mediation takes place within a framework defined by the Judicial Code, ensuring a structured and legally recognised process.
- Mediation has a high success rate.
- If the mediator is officially approved, the parties can apply for the court to uphold their agreement, maki ng it legally enforceable.
La médiation
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- Negotiation is often less costly and quicker than judicial proceedings.
- Negotiation can be attempted multiple times and at various stages of the dispute, as long as the parties consider it useful.
- The absence of a rigid framework entails great flexibility. It is nonetheless important to agree on the rules to be followed, since the other party may not adhere to the same principles if they are not clearly defined.
- The agreement reached may be confirmed in a judgment at the parties' request, thereby offering legal recognition and a degree of legal certainty.
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- Conciliation is generally less expensive and quicker than court proceedings, unless the conciliator’s mandate imposes certain obligations on the parties.
- It offers great flexibility due to the absence of a rigid framework. It is however essential that the parties agree in advance on how the conciliation will be conducted in order to define this framework clearly.
- Any agreement reached through conciliation can be ratified by a court at the request of the parties, thereby granting it legal recognition and legal certainty.
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- Arbitration makes it possible to have disputes resolved by arbitrators with specific expertise in a given area, thereby ensuring high-level, specialised knowledge.
- The parties may set their own deadlines, and the arbitral award is usually final, with no right of appeal (unless otherwise agreed by and between the parties).
- The parties can define their own procedural rules, which may differ from those applied by judicial courts.
- The proceedings and the resulting award are confidential, thus protecting any sensitive information.
- The arbitrator is impartial, which is especially advantageous in international commercial disputes, offering a neutral alternative to state courts in the respective jurisdictions of the parties.
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- With a binding third-party decision specific question can be referred to a third party with recognised expertise in the area of the dispute, thereby ensuring high-level knowledge and insight.
- Like an arbitral award, the decision is binding and is usually final, with no appeal possible (unless otherwise agreed by the parties).
- The parties may define their own procedural rules, which may differ from those applied in judicial courts.
- Both the procedure and the decision are confidential, ensuring that sensitive information and discussions remain private
La tierce décision obligatoire
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To check your eligibility for free legal aid, please consult the website of the Brussels Legal Aid Bureau.
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Collaborative law
- Supported and guided by their lawyers, the parties seek creative, bespoke solutions that respond to each person’s priorities, in accordance with public policy.
- The process offers cost and time control, often significantly less than that of traditional litigation.
- A climate of trust and safety is encouraged by the rule that lawyers must withdraw if no agreement is reached, thereby promoting honest and open negotiation.
- The entire process is strictly confidential, ensuring that discussions and agreements remain private.
- Collaborative law takes into account the relationship between the parties, encouraging a sustainable and satisfactory outcome for everyone involved.
- Solutions reached in this context are built by the parties themselves, which helps ensure voluntary and often longer-lasting implementation.
- The process is conducted within a framework defined by the Judicial Code, ensuring legal structure and recognition.
- Collaborative law has a high success rate, with many disputes resolved to the satisfaction of the parties.
- The agreement reached can be ratified by a court at the request of the parties, thereby offering legal recognition and legal certainty.
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CELAC
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The CELAC (Support Unit) is a structure created within the Professional and Social Commission of the French-language Bar Association of the Brussels Bar. Its mission is to provide first-line, solidarity-based assistance to lawyers facing insolvency-related difficulties.
The CELAC offers voluntary support in managing the challenges encountered in the course of your economic activity, providing a compassionate ear and collegial support. In practice, its aim is to offer assistance tailored to your professional situation.
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You can reach out to the CELAC as soon as difficulties arise that could lead your practice to face economic challenges affecting its operations.
To contact the CELAC: send an email to celac@barreaudebruxelles.be with a brief overview of your situation and your contact details. You will be offered an appointment promptly.
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The designated CELAC member is never the lawyer of the struggling practice, nor its legal representative, and does not assume any professional liability for the collegial support offered voluntarily to the lawyer in difficulty.
a. BEFORE ANY INSOLVENCY PROCEEDINGS: A STRICTLY CONFIDENTIAL MEETING WITH THE LAWYER CONCERNED
The CELAC member begins by inviting the lawyer concerned to a strictly confidential meeting, entirely removed from any disciplinary context, to explain their specific mission and convey the Bar’s support in carrying out the legal formalities related to insolvency law. During this meeting, the lawyer is also encouraged to appoint personal counsel.
A confidential report on the lawyer's situation is then prepared by the designated CELAC member, who provides guidance and recommendations based on the extent of the difficulties encountered. This report is shared exclusively with the bâtonnier or a designated member of their office, the president of the commission, and the other members of the support unit.
b. DURING INSOLVENCY PROCEEDINGS: SUPPORT FOR THE LAWYER CONCERNED
As part of the support mission, the CELAC member may, where appropriate, assist the lawyer concerned by facilitating steps and contacts, in particular by:
- Informing the lawyer of private or public assistance offered by third-party organisations supporting businesses in difficulty or that have ceased their activities;
- Providing administrative support to help safeguard the interests of the lawyer concerned.
c. AFTERWARDS: POSSIBLE CESSATION OF ACTIVITY
- Coaching proposals through an independent entity external to the Bar;
- Follow-up on a professional restart or career change project to help prevent future difficulties.
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Yes, in exceptional cases.
The CELAC may intervene at the initiative of the Bâtonnier, based on information suggesting that a lawyer may be experiencing insolvency-related difficulties.
However, the lawyer concerned is under no obligation to accept the CELAC’s assistance.
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A lawyer is required to inform the President as soon as their practice structure—or the lawyer personally—is involved in insolvency proceedings or initiates such proceedings.
The same obligation applies as soon as the lawyer is summoned before the Chamber for Companies in Difficulty, or when a judicial representative or a provisional administrator is appointed within the meaning of Article 30 of Book XX of the Economic Law Code. (Art. 1.2 Codéon).
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For a legal entity:
- When serious and consistent facts are likely to jeopardise the continuity of the business, the management body is required to deliberate on the measures to be taken to ensure continuity of activity for a minimum period of 12 months.
- Failure to comply with the alarm bell procedure required for private limited companies (SRL), cooperative companies (SC), and public limited companies (SA), based on the net assets situation (SRL, SC, SA) and on liquidity (SRL and SC).
- Directors may be held liable for the failure to pay social security contributions by the bankrupt legal entity.
- Unreasonable continuation of business activity.
- Improper or non-compliant bookkeeping: the insolvency trustee may request that the director cover the costs of restoring proper accounting.
For both legal entities and sole proprietorships:
- Failure to file for bankruptcy.
- A serious and manifest fault that contributed to the bankruptcy.
- Committing offences related to the state of bankruptcy.
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When summoned by the Chamber for Companies in Difficulty, or in the context of judicial reorganisation or bankruptcy proceedings, a lawyer must not, except in exceptional circumstances assessed by the President, represent themselves before a court to defend their own interests (Art. 1.2 Codéon).
The CELAC can assist you with the steps needed to obtain financial support to cover the fees and costs of your personal lawyer.
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Based on legal warning signs set out in Articles 21–23 of Book XX of the Economic Law Code, which may indicate potential difficulties, a summons may be issued to appear before this specialised chamber of the Business Court (TEFB).
After reviewing the most recently published accounts, the Chamber for Companies in Difficulty may decide either to monitor the company itself or to appoint a reporting judge (juge-rapporteur), who is a consular judge within the court. This judge will contact your company to gather additional information and may issue a summons for an interview.
Failure to respond can lead to judicial dissolution, in the case of a legal entity.
The reporting judge then presents their findings to the Chamber, which decides how to proceed with the case. Possible outcomes include:
- Temporary dismissal of the case,
- Re-examination of the situation at a later date,
- Summons for one of the grounds for dissolution,
- Referral to the Public Prosecutor with a view to initiating bankruptcy proceedings.
You may also be summoned specifically for a dissolution-related matter concerning your company.
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Yes. The procedure does not prevent you from practising law, unless a disciplinary decision states otherwise.
Even after successful completion of judicial reorganisation proceedings, you may continue to practise—unless a ban has been imposed as a result of disciplinary proceedings.
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The judgment opening public judicial reorganisation proceedings is published in the Belgian Official Gazette (Moniteur belge).
Private reorganisation proceedings — whether through an amicable agreement or a collective agreement — are not published but are recorded in the confidential section of REGSOL (the Belgian Central Solvency Register).
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The general principle is the inability to meet due liabilities with available assets. Insolvency involves, for example, the non-payment of short-term debts, unpaid VAT for more than one quarter, unpaid social security contributions (ONSS), or other social charges.
Another condition related to bankruptcy is the deterioration of credit: a persistent breakdown in credit and a lack of confidence from creditors, who no longer grant payment extensions.
The declaration of bankruptcy must be made within one month of becoming insolvent.
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Yes:
However, if it involves the same legal practice, the issue of the valuation of the client base must be discussed with the bankruptcy trustee.No:
If a professional ban has been imposed due to a serious and proven misconduct that contributed to the bankruptcy, or if offenses were committed during the state of bankruptcy.But:
As an individual (natural person), administrative difficulties may arise regarding VAT registration, obtaining a BCE (Crossroads Bank for Enterprises) number, and opening a bank account, as long as the bankruptcy has not been closed.