Complaints Procedure
Article 1 Definitions
In this complaints procedure, the following definitions apply:
- complaint: any written expression of dissatisfaction by or on behalf
of the client towards the lawyer or persons working under the lawyer's
responsibility concerning the formation and performance of an
engagement agreement, the quality of the services, or the amount
invoiced, excluding a complaint as referred to in section 4 of the
Dutch Lawyers Act;
- complainant: the client or the client's representative who submits a
complaint;
- complaints officer: the lawyer responsible for handling the
complaint.
Article 2 Scope
1. This complaints procedure applies to every engagement agreement
between the lawyer and the client.
2. The lawyer ensures that complaints are handled in accordance with
this complaints procedure.
Article 3 Objectives
This complaints procedure is intended to:
1. establish a procedure for handling client complaints constructively
within a reasonable period of time;
2. establish a procedure for determining the causes of client
complaints;
3. maintain and improve existing relationships through proper handling
of complaints;
4. train employees to respond to complaints in a client-focused
manner;
5. improve the quality of services through complaint handling and
complaint analysis.
Article 4 Information at the start of services
1. This complaints procedure has been made public. Before entering
into an engagement agreement, the lawyer informs the client that the
firm uses a complaints procedure and that it applies to the services.
2. In the engagement agreement, through the general terms and
conditions, the lawyer states the independent party or body to which a
complaint that remains unresolved after handling may be submitted to
obtain a binding decision, and has communicated this in the engagement
confirmation.
3. Complaints as referred to in Article 1 of this complaints procedure
that remain unresolved after handling will be submitted to the
competent court.
Article 5 Internal complaints procedure
1. If a client approaches the firm with a complaint, the complaint is
forwarded to Mr A.H. Ekker, who will act as complaints officer.
2. The complaints officer informs the person against whom the complaint
has been made of its submission and gives both the complainant and that
person the opportunity to explain the complaint.
3. The person against whom the complaint has been made will attempt to
reach a solution together with the client, whether or not with the
involvement of the complaints officer.
4. The complaints officer will handle the complaint within four weeks
of receiving it, or will inform the complainant, stating reasons, that
this period will be exceeded and specify the period within which an
opinion on the complaint will be given.
5. The complaints officer will inform the complainant and the person
against whom the complaint has been made in writing of the assessment
of whether the complaint is well founded, with or without
recommendations.
If the complaint has been handled to everyone's satisfaction, the
complainant, the complaints officer and the person against whom the
complaint has been made will sign the assessment of whether the
complaint is well founded.
Article 6 Confidentiality and free handling of complaints
1. The complaints officer and the person against whom the complaint has
been made will observe confidentiality when handling the complaint.
2. The complainant does not owe any compensation for the costs of
handling the complaint.
Article 7 Responsibilities
1. The complaints officer is responsible for timely handling of the
complaint.
2. The person against whom the complaint has been made keeps the
complaints officer informed of any contact and a possible solution.
3. The complaints officer keeps the complainant informed of the
handling of the complaint.
4. The complaints officer maintains the complaint file.
Article 8 Complaint registration
1. The complaints officer registers the complaint, including its
subject matter.
2. A complaint may be categorised under several subjects.