(under Article 6.28 of the Regulations for the Legal Profession)
Article 1 Definitions
In this internal complaints procedure, the following definitions apply:
– complaint: any written expression of dissatisfaction by or on behalf of the client towards the lawyer or the persons working under his/her responsibility about the establishment and performance of a contract for services, the quality of the service or the amount of the invoice, not including a complaint as referred to in Section 4 of the Counsel Act
– complainant: the client or his/her representative who is making the complaint
– complaints officer: the lawyer charged with handling the complaint
Article 2 Scope of application
1. This internal complaints procedure applies to every contract for services between DE WIT ADVOCATEN and the client.
2. Every DE WIT ADVOCATEN lawyer is responsible for handling complaints in accordance with the internal complaints procedure.
Article 3 Objectives
The aim of this internal complaints procedure is to:
a. set out a procedure for handling customer complaints in a constructive way within a reasonable period of time
b. establish a procedure to determine the causes of customer complaints
c. maintain and improve existing relationships by handling complaints properly
d. train employees to respond to complaints in a client-oriented way
e. improve the quality of the service by handling and analysing complaints.
Article 4 Information at the commencement of the service
1. This internal complaints procedure has been publicised. Before entering into the contract for services, the lawyer informs the client that the office has an internal complaints procedure and that the procedure applies to the services.
2. In the contract for services, DE WIT ADVOCATEN records the details of the independent party or body to which a complaint that has not been resolved after being handled can be submitted so that a binding decision can be obtained; this is communicated in the order confirmation.
3. Complaints as referred to in Article 1 of this internal complaints procedure that have not been resolved after being handled will be submitted to the District Court of North Holland.
Article 5 Internal complaints procedure
1. When a client approaches the firm with a complaint, the complaint will be forwarded to Erik de Boer, who will act as the complaints officer.
2. The complaints officer informs the person against whom the complaint has been made that the complaint has been submitted and gives the complainant and the person against whom the complaint has been made the opportunity to comment on the complaint.
3. The person against whom the complaint has been made tries to find a solution together with the client, whether or not after the intervention of the complaints officer.
4. The complaints officer handles the complaint within six weeks of receiving the complaint or informs the complainant of any deviation from this period, stating the reasons and stating the period within which an opinion will be given regarding the complaint.
5. The complaints officer informs the complainant and the person against whom the complaint has been made in writing of the opinion as to the validity of the complaint, whether or not accompanied by recommendations.
6. When the complaint has been dealt with satisfactorily, the complainant, the complaints officer and the person against whom the complaint has been made will sign the opinion as to the validity of the complaint.
Article 6 Confidentiality and handling complaints without costs
1. The complaints officer and the person against whom the complaint has been made will observe strict confidentiality while the complaint is being handled.
2. The complainant is not required to pay for the costs of handling the complaint.
Article 7 Responsibilities
1. The complaints officer is responsible for ensuring that the complaint is handled without delay.
2. The person against whom the complaint has been made will keep the complaints officer informed about any contact and a possible solution.
3. The complaints officer will keep the complainant informed about the handling of the complaint.
4. The complaints officer will keep the complaint file up to date.
Article 8 Complaint registration
1. The complaints officer will register the complaint, including the subject of the complaint.
2. A complaint can be divided into multiple subjects.
3. The complaints officer periodically reports on the handling of complaints and makes recommendations to prevent new complaints and to improve procedures.
4. At least once a year, the reports and recommendations are discussed at the office and submitted for approval.