Lawyer fees at MAAK Advocaten

Fees at MAAK Advocaten are agreed in advance. We work on fixed fees for defined projects, hourly rates for open-ended matters, and hybrid arrangements where that fits the work better than either alternative. There are no surprise line items, and we flag any development that would change the agreed budget before we incur additional time. A first conversation about a new matter is at no charge.

This page explains how we charge clients, how we discuss cost at the start of a matter, what the typical fee structures are for different types of work, how Dutch court cost-recovery rules affect the final number, and how we work with clients who want predictability rather than open-ended billing. It is written for international business clients who need to understand the commercial framework of working with a Dutch law firm before they engage counsel.

How we agree fees at the start of a matter

Every engagement starts with a short conversation about scope, approach and cost. The conversation is at no charge and no obligation. It typically covers the legal question, the commercial outcome the client wants, the realistic procedural and substantive options, and the fee arrangement that fits the work.

For most new matters, we propose one of three fee structures at the end of that first conversation: a fixed fee, an hourly rate, or a hybrid. Once the client agrees, we confirm the arrangement in writing in a short engagement letter together with our general terms and conditions. The client can stop work at any time and owes only the fees incurred up to that point, calculated on the agreed basis.

If the scope of a matter changes meaningfully while it is running (for example, because the counterparty takes a position that triggers litigation, or because a new legal question appears that was not in the original scope), we discuss the budget impact with the client before incurring additional time. That is the part clients most often cite as the reason they stay with the firm: no unexpected invoices, no "we are now at 80% of budget" emails.

Fixed fees for defined projects

Fixed fees work well for matters where the scope is clear and the work can be estimated with reasonable confidence. They give the client complete cost certainty up front and align our incentives with getting the work done efficiently rather than billing time.

Typical MAAK Advocaten mandates handled on a fixed-fee basis include:

• Contract review mandates (reading a draft, producing a redline and a short advisory memo within one to three working days)
• Contract drafting from a template or from scratch for a defined transaction
• Dutch B.V. incorporation and associated shareholder/board documentation
• Pre-judgment attachment applications (conservatoir beslag)
• Demand letters and formal notices of default (ingebrekestelling)
• Defined product compliance reviews for specific product categories
• Drafting of general terms and conditions, or review of an existing set

For each of these, we agree the fixed fee in writing before starting the work, and the agreed fee is what the client pays regardless of the time actually spent. For international clients who need to budget a matter against an internal approval process, a fixed fee is almost always the cleanest way to engage.

Hourly rates for open-ended matters

For mandates where the scope cannot be reliably estimated in advance, we work on hourly rates. This is the right structure for ongoing litigation, negotiated disputes, complex transactions and advisory work that develops over time.

Our hourly rates reflect the seniority of the lawyer handling the work and the complexity of the matter. Because every file at MAAK Advocaten is handled directly by the specialist partner rather than delegated through a chain of junior lawyers, the rate structure is flatter than at larger firms: clients pay for senior time, but they are not also paying for a junior to build a first draft that the partner then rewrites. The effective hourly cost of a matter is usually lower than it looks on paper because the time is spent efficiently.

We provide monthly invoicing with time specifications, so clients can see exactly what was done and on what date. Clients who want more frequent reporting (weekly updates, real-time budget burn) can request that and we accommodate it. For international clients with internal approval workflows, we provide the invoicing format their finance team requires, including invoices in English and euro-denominated where needed.

Hybrid arrangements

Hybrid arrangements combine the predictability of a fixed fee for a defined scope with the flexibility of hourly billing for anything that goes beyond scope. They are used for mandates where the core work is clear but the edges are not.

A typical hybrid mandate works like this: we agree a fixed fee for the defined phase (for example, drafting a contract, pre-action debt collection steps, or a kort geding summons and hearing), and an hourly rate for any work that falls outside the defined phase. The client has certainty about the core cost and a transparent framework for anything that develops beyond it.

For longer-term commercial clients with recurring legal needs, we also offer light retainers: a fixed monthly fee for a defined level of ongoing availability and advice, with hourly billing for work that exceeds the retainer. Retainers are less common in Dutch commercial practice than in some jurisdictions, but they work well for international groups that want predictable access to Dutch counsel without having to engage separately for every question.

Court fees, bailiff costs and other external costs

Lawyer fees are one part of the cost of a legal matter. For litigation, there are additional external costs that are not fees of the firm but are billed through to the client: court fees (griffierecht), bailiff costs (deurwaarderskosten), translation costs where required, and costs of experts appointed by the court or agreed between the parties.

Court fees in the Netherlands are set by law, depend on the amount in dispute and the status of the party (individual or legal entity), and are paid to the court when the proceedings are filed. For commercial claims, the fee increases with the amount at stake, with specific tiers published by the Dutch judiciary. Fees at the Netherlands Commercial Court are higher than at the regular District Courts, reflecting the specialised nature of that court. We communicate the applicable court fee to the client before filing any claim.

Bailiff costs are set per service and are typically a few hundred euro per summons or enforcement step. They are a necessary part of formal litigation and of pre-judgment attachment, and we coordinate directly with a Dutch bailiff as part of handling a file.

Dutch cost recovery: the "loser pays" rule in practice

The Dutch system applies a modified "loser pays" principle. The losing party in civil litigation is ordered to pay the court fees, bailiff costs and a standardised contribution to the winning party's lawyer fees, calculated on official tariffs (liquidatietarief) rather than actual fees incurred. The standardised contribution typically covers only a fraction of the winning party's actual legal costs.

The practical consequence for international clients is that even a successful commercial claim in Dutch court will not fully recover the client's own legal fees. The recoverable portion depends on the tariff applicable to the amount in dispute, and is typically in the range of ten to forty percent of actual fees. We discuss this openly with clients before committing to a litigation strategy, so that the decision to litigate is taken with a clear-eyed view of the real net position.

For clients who want to evaluate the realistic recovery prospect of a specific claim (interest, recovery costs, and principal), the Dutch Law Institute statutory interest calculator is a useful tool that computes Dutch statutory interest, commercial interest, and extrajudicial collection costs automatically. Remko Roosjen contributed to the development of this calculator. We use it ourselves on live debt collection files.

VAT, invoicing and currency

Dutch legal services are subject to Dutch VAT at the standard rate (currently 21%) when rendered to clients without a business establishment in an EU country that reverse-charges the VAT. For international B2B clients established in another EU member state with a valid VAT number, the reverse charge mechanism applies and the invoice is issued without Dutch VAT. For clients outside the EU, VAT is generally not charged. We determine the correct VAT treatment based on the client's location and status at the start of the engagement.

Invoices are issued in euro. For clients who need invoices in another format or currency, we accommodate reasonable requests as long as the underlying accounting complies with Dutch rules. Payment terms are specified on the invoice, and statutory commercial interest applies to overdue invoices in line with the Dutch implementation of the EU Late Payment Directive.

What we do not do

We do not work on contingency or "no cure, no pay" arrangements. Dutch Bar rules restrict these structures heavily for Dutch advocates, and we do not use them. We do not offer commission-based referral fees to third parties in exchange for client introductions. We do not bill for time that did not happen or for work that did not benefit the client.

Getting a fee estimate for a specific matter

For a concrete estimate on a specific matter, the fastest route is a short first conversation at no charge. We assess the scope, discuss the realistic options, and propose a fee arrangement that fits. If the matter does not go forward after that first conversation, there is no invoice and no obligation to do anything further.

Call +31 20 210 31 38, email mail@maakadvocaten.nl, or visit our contact page. For the regulatory information about the firm, see the legal information page. Read more about MAAK Advocaten and meet our partners: Remko Roosjen, Martin Krüger and Sander van Someren Gréve.