M. (Marco) Swart, LL M:
"If you organise things properly, disputes don't get a chance to develop"
"'A lawyer makes a living from disputes', you often hear people say. But my aim is to make a living from preventing disputes. Of course that's not always possible. Sometimes someone can only get justice by getting into dispute and fighting for his or her rights. If necessary in court. At times like that I'm as sharp as a knife, even though I say it myself. But I prefer to get the parties together at an earlier stage. The result is often better, more satisfying and costs my clients less energy.
In my practice I see a lot of opportunities to give proactive advice, especially to businesses. I don't just want to help put out fires but more importantly help to prevent fire breaking out. You can achieve a great deal with relatively simple means. A business with a clear, well-formulated set of general terms and conditions prevents disputes. As soon as you have a difference of opinion with a customer, for example, you know exactly where you stand and what your position is, thanks to the general terms and conditions. The same applies to employment contracts. A good contract is completely clear for both the employer and the employee. It gives all parties peace of mind and a sense of direction.
We are already very active in this field. In recent years we have been carrying out increasing amounts of work for German companies opening offices in the Netherlands. They want to organise their business perfectly from the very start. That's our common motivation. I think the internal market within the EU is a great opportunity.
Naturally I'm still just as enthusiastic about the other aspects of our practice. Employment law, the debt recovery practice, family law; within the area we've chosen to focus on there's a great deal of variety and vitality. In my view that's necessary to ensure our approach stays fresh.
Since I completed my specialist training in employment law in 2006, I have remained very active in that field. My extensive experience and the fact that I understand and can empathise with the interests and involvement of both employers and employees mean I can quickly assess the possibilities of a particular situation and see how the optimal solution can be achieved in the most efficient way, in the interests of the client. Again, I prefer to do that by way of discussion. But if it's in the client's interests then I don't hesitate to go to court. And of course I intend to win!"
Background:
- Born in Den Bosch in 1971
- Graduated from Radboud University Nijmegen in 1995
- Specialisation: Dutch law
- Main subjects: Labour Law, Insurance Law, Copyright, Law of Persons and Family Law, Criminal Law
- Sworn in as lawyer and procurator in 1996
- Completed Professional Education Programme in 1997
- Completed Labour Law Specialisation Training at the Grotius-academie in 2006
- Member of the Netherlands Bar Association
- Registered as a participant of legal aid with the Raad voor Rechtsbijstand
- Member of the Association of Labour Law Lawyers in the districts of Breda and Den Bosch
- Accepted as a member of the Vereniging Arbeidsrecht Advocaten Nederland (the Netherlands Association of Labour Law Lawyers)
- Member of the Vereniging van Incasso Advocaten (Association of debt-collection lawyers)
- Has been trained and has experience as a neighbourhood mediator (volunteer)
- Member of editorial staff for the small and medium-sized businesses magazine Personeelszaken (Personnel matters) published by SDU
Municipal Councillor for Eindhoven -
Member of the council committees for the municipality of Eindhoven:
1. Budget and Accountability;
2. Environment Mobility Property and Participation
Characteristics:
- puts people at ease
- is a good, active listener
- has thorough command of language
- has sharp analytical skills
- is an independent thinker
- knows how to get to the root of a problem
- does not shy away from unpleasant tasks
- is capable of finding the sting in the tail and removing it
- manages to provide clarity about the chances and risks of a legal matter
- possesses coaching skills
- is a critical sparring partner
- has strategic insight
- manages to create a constructive negotiation climate
- is creative, has a practical approach and is solution-oriented
