Can Lawyers Use DAFT? DAFT Eligible (With Caveats)
Yes, lawyers can use DAFT. The Dutch-American Friendship Treaty (DAFT) allows US-trained lawyers to set up a consulting business in the Netherlands. However, there's an important distinction: you can offer legal consulting, advisory services, and US law expertise, but you cannot practice Dutch law without requalifying.
Many US lawyers use DAFT to offer cross-border legal consulting, contract review for US-related matters, compliance advisory, or legal project management. If your work doesn't require Dutch bar admission, DAFT is a viable path.
DAFT Eligibility for Lawyers
Status: DAFT Eligible (with caveats)
Legal consulting and advisory work is eligible for DAFT. The key restriction is that you cannot represent clients in Dutch courts or provide advice on Dutch law unless you pass the Dutch bar examination.
Key points:
- Can offer US legal consulting, compliance, and advisory services
- Cannot practice Dutch law without requalification
- Dutch market demand: Moderate (especially for US/international law)
- Typical income range: €60,000-€130,000/year
Business Structure Options
Recommended: Eenmanszaak (Sole Proprietorship)
Simplest structure. You are personally liable. Most DAFT applicants start here.
For legal consultants, this structure works well for advisory and consulting services. Your personal liability is similar to a solo practice in the US.
Other Options
BV (Private Limited Company) Limited liability but requires €0.01 capital and notary. More complex setup. Many lawyers prefer the BV structure for the liability protection, especially when advising on contracts and transactions.
Registration process:
- Apply for DAFT residence permit
- Register with KVK (Chamber of Commerce)
- Receive your KVK number and start operating
Setting Up Your Legal Consulting Business
Step 1: Define Your Services Clearly define what services you'll offer. For lawyers, this typically includes:
- US legal consulting and advisory services
- Cross-border transaction support
- Compliance and regulatory consulting
- Contract drafting and review (US/international law)
Reality Check: Be precise about what you offer. Advertising services that could be construed as practicing Dutch law without bar admission can create regulatory problems. Frame your services clearly as US law or international legal consulting.
Step 2: KVK Registration Register your business with the Dutch Chamber of Commerce. You'll need:
- Valid residence permit (or proof of DAFT application)
- Proof of address in the Netherlands
- Description of your business activities
- €75 registration fee
Step 3: Tax Registration After KVK registration, you'll automatically be registered with the Belastingdienst (Dutch tax authority) for:
- Income tax
- VAT (BTW) - you may be exempt if under €20,000/year
Common Challenges & Solutions
Challenge: Defining the boundary between US legal consulting and unauthorized Dutch law practice Solution: Be explicit in your contracts and marketing that you provide US and international legal consulting only. If clients need Dutch legal advice, refer them to a locally qualified advocaat. Building referral relationships with Dutch lawyers benefits everyone.
Challenge: Maintaining your US bar membership while abroad Solution: Most US state bars allow you to maintain your license while living abroad, provided you meet CLE requirements and pay dues. Check your specific state bar's rules about practicing from outside the US.
Challenge: Client confidentiality and privilege issues Solution: Attorney-client privilege works differently across jurisdictions. Consult with a Dutch legal ethics advisor about how privilege applies to your cross-border consulting practice.
Income & Tax Considerations
Expected income: €60,000-€130,000/year
Tax obligations:
- Dutch income tax (progressive rates, 36-49%)
- US tax filing required (as a US citizen)
- Foreign Earned Income Exclusion may apply
- Tax treaty between US and Netherlands prevents double taxation
VAT (BTW):
- Services to US/non-EU clients: 0% (reverse charge)
- Services to Dutch clients: 21% VAT
- Small business exemption if under €20,000/year
See our US Taxes While Living in Netherlands guide.
Finding Clients as a Legal Consultant
International clients:
- Maintain existing US client relationships
- US companies expanding into Europe need advisors who understand both systems
- Cross-border M&A, contracts, and compliance work is in steady demand
Dutch and European clients:
- Dutch companies doing business in the US need US legal perspective
- International law firms in Amsterdam sometimes engage US-qualified consultants
- The American Chamber of Commerce in the Netherlands (AmCham) is a useful network
Best practice: Start DAFT with existing clients or a clear niche. "US legal consultant based in Europe" is a strong positioning that few people can claim.
Frequently Asked Questions
Q: Can I appear in US courts remotely while living in the Netherlands? A: This depends on your jurisdiction and the court's rules. Many US courts now allow remote appearances. Check with your state bar and the specific courts where you practice.
Q: Can I eventually practice Dutch law? A: Yes, but it requires passing the Dutch bar exam and meeting additional requirements. Some US lawyers based in the Netherlands pursue this over time, but it's a significant undertaking. Most find that US/international legal consulting is a strong enough niche.
Q: Do Dutch companies hire US legal consultants? A: Yes, particularly companies with US operations, US-listed entities, or those doing cross-border transactions. Amsterdam is a major financial center, and many companies need US legal perspective.
Related Professions
If lawyer isn't quite right for your situation, consider these related professions that also work with DAFT:
Next Steps
- Evaluate your situation - Do you have clients? Income? A viable business plan?
- Read the complete DAFT guide - Understand all requirements
- Prepare your documents - Start the apostille process early
- Plan your timeline - Most people need 3-6 months to prepare
Digital Guide — $99
We're not immigration lawyers—just Americans who did this. Requirements change, so verify with official sources.