Please note: The algorithm descriptions in English have been automatically translated. Errors may have been introduced in this process. For the original descriptions, go to the Dutch version of the Algorithm Register.
Sampler
- Publication category
- Other algorithms
- Impact assessment
- DPIA
- Status
- In use
General information
Theme
Begin date
Contact information
Link to publication website
Responsible use
Goal and impact
The Legal Aid Board has developed a working method for lawyers and mediators to reduce administrative burdens. This working method is based on mutual trust. Additions and declarations are automatically granted to the lawyers and mediators who use it. There are various ways of checking this, random sampling being one of them. This publication relates to the algorithm behind the random sampler.
Purpose sampler
In this collaborative relationship with lawyers and mediators, it is assumed that the office takes responsibility for properly applying the rules under the Legal Aid Act. To check whether offices have applied the rules properly and have not received too much (or too little) subsidy, a random check is carried out.
The aim of the random checker is to select a number of random cases per office over a certain control period. Depending on the quantity of cases, the check takes place once a year, six months or quarterly. A control period is never skipped. Using the random sampler in Excel, random cases are selected to be checked. The quantity of cases selected should yield 10% of the total number of cases, with a minimum of 20 cases.
Once a sample has been drawn, an employee of the Legal Aid Board checks the cases substantively. The process on how to proceed is beyond the scope of this publication.
Impact
The sampler only has an impact on selecting cases from a given period.
Considerations
The advantage of using the sampler is that it ensures independence and uniformity. Legal Aid Board employees have no influence on the selection of cases in the sample.
An alternative could be that a Legal Aid Board employee manually selects offices and cases, possibly resulting in certain offices or cases being selected more often than other offices.
The use of the sampler prevents cases from being selected on an arbitrary basis.
Human intervention
The algorithm is used to select random files. After this, an employee checks whether the sample was conducted correctly. Among other things, the check sees if the right amount of cases have been selected to meet the minimum standard for a successful sample selection. These requirements are set out in an internal protocol.
Risk management
The established protocol can only be amended with the approval of the management team.
In addition, any change to the general terms and conditions of this working method is always preceded by consultation with the Netherlands Bar Association and the Mediators' Federation of the Netherlands.
Legal basis
Article 7(3)(c) Legal Aid Act
Links to legal bases
Impact assessment
Operations
Data
- start date sample period
- sample end date
- high-trust start date
- office name lawyer/mediator
- client number/file number
- litigant name
- case code
Technical design
Random sampling takes place with a VBA script in Excel that randomly selects cases. Each time a new query is made, new cases/declarations are selected.
The technical operation behind the sampler takes into account the amount of the fee. A high fee is more likely to be in the sample than a low fee. All cases with a fee higher than EUR 3,500 are added to the sample in any case.
Once the (initial) sample is drawn, it is checked whether at least two cases of each lawyer/mediator within the firm are in the sample. If this is not the case, additional cases targeted at these lawyers/mediators are added to the sample in an additional process until this minimum number is reached.
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