Han Jahae

JahaeRaymakers

Amsterdam www.jahae.nl

jahae@jahae.nl Tel: +31 20 4352525

Biography

Admitted to the bar in 1986, Han Jahae has a long history of representing individuals, companies and governments before the Dutch courts, as well as almost anywhere in the world. As former chair of the ECBA (2003–2008) and representative of the Dutch bar at the CCBE in Brussels, Han has a broad international network. His practice focuses on complex international fraud, business crime and corruption matters, and mutual legal assistance.

What inspired you to enter the field of business crime defence and investigations?

In my view this area of law is by far the most interesting from both a professional, an ethical and a personal point of view. The rules keep changing almost on a daily basis so you need to stay on top of your game. Cases are never black or white, there are many shades of grey. Things that made your client the best in his or her business last year might become criminal the next year. Once an investigation is launched multiple issues need to be addressed, apart from the prosecution your client needs to deal with employees, banks, governments, press, just to name a few. The stakes are usually very high. Guiding a company or higher management of a company through an investigation and making sure they get the best result possible is not only very challenging but above all very rewarding.

What qualities make for a successful business crime defence lawyer in today’s climate?

You need to understand your client’s business, you need to speak your client’s language, you need to know the problems your client will face once an investigation will be launched and help him or her develop a strategy that deals with all of these separate but interlinked issues. And of course, if your client comes to you in due time, you will need to try and avoid that an investigation will even commence. Not only do you need to understand your client and make sure he or she understands the issues so he or she can make well-informed decisions, you also need to be able to communicate with the prosecution, talk their language, understand what they need out of the case. Last but not least, you need to know what comes next and anticipate.

How do you seek to gain a deep understanding of your client’s business and build long-term relationships?

You bring a lot of experience from other cases. If you have worked in all different kinds of business and industry it is relatively easy to understand a business you never worked in before. After all, managing a big company isn’t that much different if you work in the steel industry or in the food and beverage industry. If a company is happy with the way you helped them through an investigation the next time they will come to you before a potential problem will arise and ask for advice.

What recent regulatory developments have had the most impact on your clients? How have adapted your practice accordingly?

I think the most interesting change of direction is the fact that today much more than before the prosecution target higher management of a company for alleged criminal behaviour of the company rather than the company itself. Where they used to sue the company and look for fines, they now go after the decision-making individuals, the people who are responsible for the actions or lack of actions of the company and they try to jail them, which of course changes the ballgame quite drastically. It is getting personal, higher management’s personal freedom is at stake and that means that the stakes are getting even higher.

What are the advantages and disadvantages of settling out of court compared to pursuing dispute resolution proceedings? What is your key to success when it comes to settlement negotiations?

The obvious advantage of settling a case is, of course, the fact that the case is over, your client can close the book and get on with it. If you do not settle it might easily take eight to 10 years before the case is over. In the meantime there is uncertainty for everybody, management, employees, customers, partners, banks, etc. On the other hand, it takes two to tango. Quite often the prosecution does not want to settle or, even worse, if they make an offer, they usually do not have a good case. It is difficult to accept an offer if there is a good chance of winning. You have to weigh those chances against the certainty that the case is over. So you need to be very convinced about the outcome if you choose to fight, you cannot afford to lose.

How does your vast experience across diverse sectors compliment your practice?

If you have worked in different sectors you learn that there are striking similarities when it comes to defending a company that is targeted regardless of the industry they are in. You know what is coming because you have seen it before so you can prepare management for every step that will follow.

How important is it for practitioners to maintain positions as authors and lecturers at seminars and conferences?

It is extremely important to share experiences outside of your own comfort zone, to know how they deal with things in different jurisdictions, that is very inspiring. And of course it is always fun to share war stories with colleagues from around the world over a nice dinner and a glass of wine.

What is the best piece of advice you’ve ever received?

Always look at your case as if you were the prosecutor.

Peers and clients say: “He’s hands on and thinks outside of the box” “A brilliant communicator and strategic deep thinker” “Han stands out for his responsiveness, knowledge of the field and proactivity”