First conversation
What has happened, and whether we can act at all.
Professional secrecy here is protected by criminal law, not just by professional rules. It covers everything we learn because of your matter, it survives the end of the case and your death, and it is not simply a switch you can turn off.
Everything else rests on professional secrecy, so it is worth understanding exactly how far it goes.
What is protected, for how long, and why you cannot simply waive it.
See the programCorrespondence between lawyers that cannot be produced in court.
See the programChecking before accepting, and withdrawing where a conflict appears later.
See the programAdvice, negotiation and proceedings, on a basis agreed in advance.
See the programCheck conflicts before accepting an instruction, treat professional secrecy as the criminal obligation it is rather than a courtesy, keep correspondence between lawyers confidential so settlement remains possible, and agree the basis of fees before being instructed.
What has happened, and whether we can act at all.
Across the practice, before accepting.
Fees and scope, in writing, in advance.
With what you tell us protected permanently.
Fees are in euro and the basis on which they are calculated is agreed before the practice is instructed. Fees are never a share of the result, which the profession prohibits.
A view on a specific situation, after the documents.
Negotiation, settlement or proceedings.
Not reluctance. Rules that bind the profession.
Every engagement is quoted after a free consultation. No subscription.
ADVOCAAT KIM DE WILDE BV was created on 4 May 2022 and is registered with the Crossroads Bank for Enterprises under number 0785.815.410, with its registered office at 38 Eedverbondlaan in Beveren-Kruibeke-Zwijndrecht, and trades from an establishment under the name FeraLex Advocaten. Its sole registered activity is the activity of a lawyer.
Professional secrecy is the foundation that everything else in this relationship rests on, and it is considerably stronger than most clients expect. In Belgium it is protected by the criminal law, so breaching it is an offence rather than a disciplinary matter. It covers not only what a client says but everything the lawyer learns because of the matter, and in sensitive cases it covers the fact that the client came at all. It has no expiry date: it survives the conclusion of the case, the end of the relationship and the death of the client. The feature that surprises people most is that it is not simply a right belonging to the client which the client may switch off on request, because the obligation is of public order and the lawyer remains its keeper. That is precisely what makes it worth having, since a secret that evaporates under pressure protects nobody. A related rule makes negotiation possible at all: correspondence between lawyers is in principle confidential, cannot be produced in proceedings and cannot be handed to a client as a document to rely on, which allows two lawyers to explore a settlement frankly without a concession becoming an admission. And conflicts are checked at the level of the practice before an instruction is accepted.
Stronger than most people assume. It is protected by the criminal law, so breaching it is an offence and not merely a professional failing. It covers everything you tell us and everything we learn because of the matter, and where the fact of consulting a lawyer is itself sensitive, it covers that too. There is no category of information that is somehow outside it because it seems unimportant.
No. It is not limited in time. It survives the conclusion of the matter, the end of the professional relationship and the death of the client. That permanence is deliberate: a duty that lapsed after a few years would be worth very little to anyone deciding today whether to speak freely about something difficult.
Not as simply as people expect, and this is the point that surprises clients most. The obligation is of public order and the lawyer remains its keeper, so a request from a client to disclose is assessed rather than treated as automatic authorisation. It feels restrictive until you consider the alternative: a secrecy that a client can switch off is a secrecy that a client can be pressured into switching off.
Because correspondence between lawyers is in principle confidential. It cannot be produced in legal proceedings and cannot be handed to a client as a document to rely on, subject to the limited categories the rules treat as official. That rule is what allows two lawyers to explore a settlement honestly, since neither has to worry that an exploratory concession will reappear as an admission. We will tell you the substance of what is being discussed.
We tell you early and you go elsewhere. A lawyer cannot act for parties whose interests conflict, and the test applies across the practice rather than to an individual, which is why the check happens before an instruction is accepted rather than after documents have changed hands. Being turned away at the first conversation is a much better outcome than discovering months later that your lawyer should never have been acting.
No, and no lawyer in Belgium may. An agreement providing solely for a share of the proceeds of a case is prohibited for the profession, so it is not something being withheld from you. What you get instead is the basis of the fees explained before the practice is instructed, and an honest view of whether a matter is worth pursuing, which is the more useful of the two.
A first conversation, with no obligation.