Complaints procedure
Complaints Procedure
Article 1 - Definitions
In this office complaints procedure, the following definitions apply:
- complaint: any written expression of dissatisfaction by or on behalf of the client toward the lawyer or the persons working under the lawyer’s responsibility, concerning the formation or the performance of a contract for services (overeenkomst van opdracht), the quality of the services, or the amount of the invoice, other than a complaint as referred to in section 4 of the Dutch Advocates Act (Advocatenwet);
- complainant: the client or the client’s representative who submits a complaint;
- complaints officer: the lawyer charged with handling the complaint.
Article 2 - Scope
1. This office complaints procedure applies to every contract for services between All-Right Advocatuur and the client.
2. All-Right Advocatuur ensures that complaints are handled in accordance with the office complaints procedure.
Article 3 - Objectives
This office complaints procedure has the following objectives:
a. to lay down a procedure for handling client complaints constructively and within a reasonable period;
b. to lay down a procedure for establishing the causes of client complaints;
c. to maintain and improve existing relationships by means of proper complaint handling;
d. to respond to complaints in a client-focused manner;
e. to improve the quality of the services by means of complaint handling and complaint analysis.
Article 4 - Information at the start of the services
1. This office complaints procedure has been made public. Before entering into the contract for services, the lawyer informs the client that the firm applies an office complaints procedure and that it applies to the services.
2. All-Right Advocatuur has stated in its general terms and conditions to which independent party or body a complaint that has not been resolved after being handled may be submitted for a binding decision, and has made this known in the engagement letter.
3. Complaints as referred to in article 1 of this office complaints procedure that have not been resolved after being handled are submitted to the Disputes Committee for the Legal Profession (Geschillencommissie Advocatuur) within twelve months after the end of the internal complaints procedure.
Article 5 - Internal complaints procedure
1. If a client approaches the firm with a complaint, the complaint is referred to Ms. Carola Jansen, who thereby acts as complaints officer.
2. The complaints officer notifies the person complained about that a complaint has been submitted and gives the complainant and the person complained about the opportunity to explain the complaint.
3. The person complained about seeks to reach a solution together with the client, whether or not through the intervention of the complaints officer.
4. The complaints officer deals with the complaint within four weeks of receipt of the complaint, or notifies the complainant, stating reasons, of a deviation from this period, indicating the period within which an opinion on the complaint will be given.
5. The complaints officer notifies the complainant and the person complained about in writing of the opinion on the merits of the complaint, with or without recommendations.
6. If the complaint has been dealt with to the complainant’s satisfaction, the complainant, the complaints officer, and the person complained about sign the opinion on the merits of the complaint.
Article 6 - Confidentiality and free complaint handling
1. The complaints officer and the person complained about observe confidentiality when handling the complaint.
2. The complainant owes no fee for the costs of handling the complaint.
Article 7 - Responsibilities
1. The complaints officer is responsible for handling the complaint in good time.
2. The person complained about keeps the complaints officer informed of any contact and of 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, stating the subject matter of the complaint.
2. A complaint may be classified under more than one subject.
3. The complaints officer reports periodically on the handling of complaints and makes recommendations to prevent new complaints and to improve procedures.
4. The reports and the recommendations are evaluated at least once a year and, where necessary, converted into improvement measures.
Where applicable, the complaint is also reported to the relevant liability insurer.
