Raad van Discipline in het ressort 's-Hertogenbosch (Netherlands bar disciplinary tribunal), on the complaint of the deken of the Orde van Advocaten, Limburg

Beslissing in zaak 26-379/DB/LI/D, ECLI:NL:TADRSHE:2026:93

Sanctioned · 27 July 2026

SectorLegal

CountryNetherlands

Document typeTwo conclusies van antwoord (defence pleadings) in tenancy proceedings before the kantonrechter

ConsequenceSanctioned

What was fabricated

In the first file, all 8 case-law citations in the defence pleading were wrong: 1 ECLI number did not exist at all, and the other 7 ECLI numbers belonged to entirely unrelated decisions — the kantonrechter noted these included a divorce order and a criminal matter. The same pattern recurred in a second, separate tenancy file, where the pleading again contained references to partly non-existent case law. The pleading also misstated art. 7:274(1)(c) of the Dutch Civil Code and invented a 15-page limit in the Landelijke Procesrichtlijnen Civiel. The advocate said she had treated AI tools as search engines; the only tool she could name was LegalPA, which she has since cancelled.

What happened as a result

Decision of 27 July 2026. Reprimand (berisping) for breach of the core values of expertise (deskundigheid) and integrity under art. 10a Advocatenwet and of conduct rule 8, plus €1,250 in costs (€750 to the Netherlands Bar, €500 to the State). The kantonrechter had separately found a breach of art. 21 Rv but declined to strike the whole defence as disproportionate to the client. The confidentiality limb of the deken's complaint was dismissed as unproven. Mitigation: no prior discipline, and AI literacy was not yet common at the time of drafting (July 2025).

Sources

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