Commercial
Discover what commercial (contract law) means in legal practice: how lawyers draft the contracts that let businesses do business with each other, what they do day to day, the career ladder, and how students prepare for an internship or traineeship.
Introduction
What is commercial (contract law)?
Commercial, often called contract law or trade law in the Netherlands, covers the agreements businesses use to deal with one another: purchase and sale contracts, distribution and agency agreements, licences and cooperation arrangements. It is the practice area that puts the day-to-day trading relationships between companies into legally binding form.
Unlike a one-off acquisition, commercial work is often about ongoing relationships: a supplier delivering to the same buyer for years, a distributor representing a brand in a country, or a licensee allowed to use another company's technology. The lawyer's job is to make the arrangement clear before any disagreement arises.
Commercial lawyers often work closely with other practice groups: a webshop's terms and conditions touch on consumer law, a licence agreement touches on intellectual property, and an international supply agreement raises questions of applicable law and dispute resolution.
The practice
Three settings where you practise this field
The breakdown below mainly says something about the client you serve, not about the quality of the work. The same contract question can come up at an international firm, a Dutch full-service firm, or in-house at a company, each with a slightly different angle.
At international firms you often work on cross-border supply and distribution agreements with parties in multiple countries. At Dutch full-service firms, the commercial practice often sits directly alongside the intellectual property or corporate team. In-house at a company, you review contracts from the perspective of your own organisation, with a lot of repetition and volume.
What they do
What commercial lawyers do
The work differs by sector, but the building blocks below come up in almost every commercial matter. A lawyer often works on several contracts at once, from a first draft to the final signature.
Legal framework
The key legislation
Commercial revolves around a limited set of core rules from the law of obligations that keep recurring, even though the substance differs greatly from contract to contract.
Practice areas
The main sub-areas
Commercial is broad, and most lawyers specialise within one of the sub-areas below, often combined with an adjacent practice area such as IP or corporate law.
Step by step
How a commercial contract comes together
Most contracts follow a similar path, from the client's first request to signature. On larger contracts, negotiation and internal alignment often run in parallel.
Who does which step depends on seniority. Junior lawyers work out the draft in detail, while senior lawyers lead the negotiation with the counterparty and set the commercial strategy.
The work is not necessarily finished after signature: the lawyer often stays involved as the contract is performed, and gets pulled back in as soon as one of the parties appears not to be honouring the agreement.
Roles
Roles in the commercial practice
Each step up the ladder shifts the emphasis further from drafting contracts toward setting commercial strategy and managing the client relationship. Most lawyers climb this ladder at the same firm, though moving between firms or into a company at any level is common.
Student intern
Supports lawyers during an internship alongside or after studies.
Trainee lawyer
The mandatory three-year traineeship straight after graduating.
Lawyer / Associate
Handles matters independently after being admitted to the bar.
Senior Associate
Leads more complex contract portfolios and mentors junior lawyers.
Partner
Holds ultimate responsibility for clients and the practice group.
Career timeline
How long each step takes
The legal profession has a fixed statutory basis for the first step: a traineeship in the Netherlands generally lasts three years and is mandatory for every starting lawyer, regardless of practice area. After that, the pace of progression depends heavily on the firm and on individual performance.
After the traineeship, the emphasis shifts from drafting contracts to independently leading matters. Making partner takes more than ten years of legal experience at most firms, and is often accompanied by a formal nomination by the existing partners.
Not everyone climbs the whole ladder at the same firm. Some lawyers move to a company after a few years, for example as in-house counsel, bringing their legal-practice experience with them.
| Level | Typical time in role |
|---|---|
| Advocaat-stagiair | 3 years, mandatory by law |
| Advocaat / Associate | 3 to 5 years |
| Senior Associate | 2 to 4 years |
| Partner | top level, 10+ years in total |
Compensation
Compensation in the legal profession
Compensation in the legal profession usually consists of a fixed salary that rises with seniority, and at some firms a variable bonus tied to individual and firm performance. Commercial does not differ materially in pay structure from other practice areas at the same firm.
The ranges below are general indications for larger Dutch and international firms, and do not apply specifically to this practice area or to any of the firms named on this page. Actual pay varies by firm, region and role, and is listed where known in the individual vacancies on this site.
From partner level, the nature of compensation changes. A partner typically shares in the firm's profits rather than receiving a fixed salary, which ties pay more closely to their own client portfolio and the results of the practice group as a whole.
| Level | Indicative range |
|---|---|
| Advocaat-stagiair | €60.000 – €75.000 |
| Advocaat / Associate | €75.000 – €110.000 |
| Senior Associate | €120.000 – €160.000 |
| Partner | €200.000 – €500.000+ |
Ranges are general indications for the Dutch legal profession, not specific to this practice area or a particular firm. See the vacancy pages for concrete salary figures where a firm publishes them.
A day in the life
A typical day for a junior lawyer
The day often starts with reviewing the counterparty's comments on a draft agreement, then working them into the document. On quieter days, much of the time goes into working out delivery, liability and termination clauses.
A commercial lawyer often works on several contracts at once, for clients across very different sectors. That requires switching quickly between matters while keeping the client's commercial interests sharply in view each time.
Just before signing, the pace shifts entirely. The lawyer closes out the last open points, aligns with the client on the final agreement, and makes sure the definitive version of the contract is ready for both parties.
Juniors
What trainee lawyers do
Junior lawyers carry much of the drafting work a contract rests on, under the supervision of a supervising partner.
- Helping draft contracts
- Checking terms and conditions
- Searching contract portfolios
- Due diligence research
- Drafting advice memos
- Tracking deadlines and matter status
- Sitting in on negotiations
- Correspondence with the counterparty
Much of this work goes back and forth several times between trainee and supervisor before a document goes to the counterparty. That repetition is not inefficiency, it is how a junior lawyer learns which clauses in a contract really matter.
Skills
Skills you will need
Legal knowledge gets the most attention in training, but the lawyers who stay longest often stand out through commercial judgement: understanding what the client is really trying to achieve with a contract, not just what it literally says.
Getting in
How you get into commercial
Most routes run through a law master's with a specialisation in private law or corporate law, followed by an internship or traineeship at a firm or company. An affinity with how businesses operate is a plus, but not a requirement.
Preparation
How to prepare as a student
Preparation works best when it starts well before the application. Firms test not only legal knowledge, but also whether someone can explain a contract clearly, both verbally and on paper.
Compare
Commercial versus other practice areas
These practice areas often overlap in the same matters, which is why students sometimes mix them up. The distinction mainly lies in what exactly is being recorded or protected, and in which phase of the relationship the work takes place.
Commercial vs Corporate/M&A
Corporate/M&A structures the acquisition of a company itself. Commercial handles the ongoing trade contracts through which that company does business.
Commercial vs Intellectual Property
Intellectual Property protects and registers rights such as trademarks and patents. Commercial records the terms on which others may use those rights.
Commercial vs Dispute Resolution
Commercial drafts the contract. Dispute Resolution steps in once one of the parties fails to honour that contract.
Commercial vs Antitrust, Competition & Trade
Antitrust assesses whether arrangements between businesses restrict competition. Commercial separately handles the substance of the trading relationship itself.
Commercial vs Employment, Labour & Pensions
Employment governs the working relationship between an employer and employee. Commercial governs the trading relationship between two businesses.
Employers
Firms with a commercial practice in the Netherlands
A selection of firms with a verified commercial practice in the Netherlands. We only name firms whose practice group has been confirmed.
Commercial is often combined with an adjacent practice area: at an international firm often with intellectual property, at Dutch firms often with real estate or corporate law.
International firm
Dutch firms
Van Doorne
DVDW AdvocatenVacancies
Commercial vacancies
We only show real, current openings with a link to the employer. Internships, traineeships and lawyer roles appear here. In the meantime, browse all current vacancies.
View all vacanciesResources
Recommended resources
FAQ
Frequently asked questions
What is commercial (contract law)?
Commercial, often called contract law or trade law in the Netherlands, covers the agreements businesses use to deal with one another, such as purchase, sale, distribution and licensing. It ensures trading relationships between companies are clearly recorded in legal terms.
What is the difference between commercial and corporate/M&A?
Corporate/M&A structures the acquisition of a company itself, such as the purchase of shares or assets. Commercial handles the ongoing trade contracts a company uses day to day with suppliers, customers and partners.
What does a commercial lawyer do day to day?
Commercial lawyers draft and negotiate contracts and terms and conditions, review existing contract portfolios, flag risks before they turn into disputes, and support clients as they carry out their trading relationships.
What are terms and conditions and why do they matter?
Terms and conditions are standard provisions a business applies to all its contracts, for example on liability and payment. They matter because the law sets requirements for when they apply and when a clause can be voided.
What is a distribution or agency agreement?
A distribution agreement lets a party resell a supplier's products in its own name. An agency agreement lets a commercial agent broker sales on the supplier's behalf, with statutory protection for the agent on termination.
Which law applies to an international trade contract?
Parties can generally choose the applicable law themselves, which within the EU is governed by the Rome I Regulation. International sale contracts between businesses are also covered by the Vienna Convention, unless the parties expressly exclude it.
What skills do you need for commercial?
Precise contract drafting, commercial judgement about what the client wants to achieve, clear negotiation skills, attention to detail, and the ability to manage several matters at once under deadlines.
How do I get into this field as a student?
Take electives in the law of obligations and international sale, do an internship at a firm or company with a commercial practice, and apply to structured traineeships that offer a rotation in this field.
Related
Related legal paths
Start your journey in commercial
Browse open vacancies or discover the other legal career paths.