Ghent · Law practice since 2010

Winning does
not meangetting it back.

The procedural indemnity is a lump sum fixed by royal decree, not reimbursement of what a case cost you. It rarely covers the fees. And if you lose, you pay the other side's on top of your own. That arithmetic belongs before the decision.

  • 2010since
  • Cappedby decree
  • Bothdirections
  • Ghentbased in
A CASE · BEFORE IT STARTS The arithmetic 50 % complete What winning recovers What losing adds Legal aid, checked Your insurance, checked First conversation No obligation Next step « We reply within 2 business days »
What we do

Four things, costs first

What a matter would cost if it goes well and if it goes badly is explained before anything is advised.

How it works

How we work

Put the cost of winning and the cost of losing in front of you before advising on proceedings, ask at the outset whether legal aid or an existing insurance policy covers the matter, and say plainly when a settlement beats a strong case.

First conversation

The facts, the documents and what you want to achieve.

The arithmetic

What winning recovers, and what losing adds.

Who might pay

Legal aid, or a policy you already hold.

Then a decision

Taken by you, knowing both numbers.

Working together

Fees

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.

Advice

A written view on where you stand.

  • Fee basis agreed first
  • Documents examined properly
  • Written position
  • Options including doing nothing
  • Weak claims said to be weak
Ask about a case

What cannot be offered

Not reluctance. Rules that bind the profession.

  • No fee as a share of the result
  • No success rate quoted
  • No comparison with other lawyers
  • No client testimonials
  • No promised outcome
Read why

Every engagement is quoted after a free consultation. No subscription.

A typical week Mon Enquiry Tue Scope Wed Costs Thu Act Fri Report
How we work

The number that should decide it

ADVOCAAT TOM MALFAIT BV was created on 11 June 2010 and is registered with the Crossroads Bank for Enterprises under number 0826.764.157, with its registered office at 122 Adolf Baeyensstraat in Ghent. Its sole registered activity is the activity of a lawyer.

What a page like this can usefully contain is limited by design. The profession's rules exclude success rates, comparisons with other practitioners, client testimonials and any promise about an outcome, and those exclusions are right: none of them could be stated truthfully in the way an advertisement needs them. So the space goes to arithmetic instead. In Belgium the unsuccessful party pays the winner a procedural indemnity, a lump sum fixed by royal decree according to the value of the dispute, within a basic amount and a range the court may move inside on a reasoned application. The essential point is that it is a contribution and not a reimbursement. It commonly falls short of the fees actually incurred, so succeeding in proceedings and still being out of pocket is an ordinary outcome rather than an injustice. Run the same figure the other way and it becomes the number that should govern the decision to litigate at all: lose, and you pay the other side's indemnity on top of your own lawyer. Two further questions belong at the first meeting rather than the third. Whether you may qualify for second-line legal aid. And whether a legal expenses policy you already hold covers the matter, in which case you choose the lawyer and the insurer does not.

See how we work

Frequently asked

The questions we get most

If I win, do I get my legal costs back?

Not in full, and usually not close to it. The unsuccessful party pays a procedural indemnity, which is a lump sum fixed by royal decree according to the value of the dispute, within a basic amount and a range the court can depart from on a reasoned request. It is a contribution towards your costs rather than a reimbursement of them, so winning and still being out of pocket is a normal result. Anyone suggesting the other side will simply pay your bill is not describing the Belgian system.

What happens to the costs if I lose?

You pay your own lawyer and, ordinarily, the other side's procedural indemnity as well. That combined exposure is the figure that should decide whether to start proceedings, and it is the one least often put in front of people before they commit. It gets explained here before anything is advised, because a decision to litigate taken without it is not really a decision.

Might I qualify for legal aid?

Possibly, and it is asked at the first meeting rather than left for you to discover. Second-line legal aid exists for those who meet the conditions, and a lawyer should tell you about it at the outset. It costs nothing to establish whether you qualify, and finding out after you have paid privately for several months is the worst possible sequence.

My insurance might cover this. Can the insurer pick the lawyer?

No, and this surprises almost everyone. Where a legal expenses insurance policy applies, the insured person has the free choice of their lawyer and the insurer cannot impose one. It is worth checking whether you hold such a policy before instructing anyone privately, because people are regularly insured for precisely the dispute they are paying for out of their own pocket.

Will you take my case on a no-win-no-fee basis?

No, and nobody in this profession in Belgium may. An agreement providing solely for a share of the proceeds of a case is prohibited for lawyers, so a percentage arrangement is not something being withheld from you, it is something the rules forbid. What you will get instead is the basis of the fees explained before the practice is instructed, and an honest view of whether the matter is worth pursuing at all.

Should I wait and see whether it resolves itself?

Often not, because of time limits. Limitation periods and procedural deadlines apply to claims and to steps in proceedings, and the expiry of one can extinguish a right regardless of how strong that right was. A matter that might be time-sensitive is worth raising early even if you are undecided about pursuing it. The first conversation costs you nothing and can establish whether a clock is running.

Something you need a straight answer on?

A first conversation, with no obligation.