(to Article 6.28 of the Legal Professional Bylaw and according to model NOvA)
Office Complaints Procedure All Things Legal BV
Article 1 Definitions
For the purposes of this 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 responsibility about the formation and performance of a contract for services, the quality of the service, the amount of the invoice, the performance or offering of extrajudicial collection activities, not being a complaint as referred to in paragraph 4 of the Dutch Counsels Act;
- complainant: the client, his representative or a third party with a direct interest who makes a complaint known;
- complaints officer: the lawyer charged with handling the complaint.
Article 2 Scope of application
1. This office complaints procedure applies to every contract for services between All Things Legal and the client.
2. All Things Legal takes care of complaint handling in accordance with the office complaints procedure.
3. All Things Legal has specified, in the contract for services and/or through the general terms and conditions and/or in correspondence between lawyer – client, that in case a complaint has not been resolved after handling, can be submitted to the competent court in Amsterdam.
Article 3 Objectives
The purpose of this office complaints procedure is:
a. establishing a procedure to deal with complaints from clients in a constructive manner within a reasonable period of time;
b. establishing a procedure to determine the causes of complaints from complainants;
c. provide a legal obligation, maintain and improve existing relationships by means of proper complaint handling;
d. to train employees in responding to complaints in a client-oriented manner;
e. improving the quality of services by means of complaint handling and complaint analysis.
Article 4 Information at the start of the service
1. This complaints procedure has been made public. Before entering into the engagement letter for services, the lawyer will point out to the client that the firm has an office complaints procedure and that this procedure applies to the services.
2. legalComplaints.art4_2
3. legalComplaints.art4_3
Article 5 Internal complaints procedure
1. If a complainant approaches the office with a complaint, the complaint will be forwarded to the complaints officer. The name and information of this officer will be communicated after filing the complaint.
2. The complaints officer shall inform the person who has been the subject of the complaint of the submission of the complaint and shall give the complainant and the person who has been complained about the opportunity to provide an explanation of the complaint.
3. The person who is the subject of the complaint will try to find a solution together with the complainant, whether or not after the intervention of the complaints officer.
4. The complaints officer shall deal with the complaint within four weeks of receipt of the complaint or shall notify the complainant of any deviation from this period, stating the reasons, stating the period within which an opinion on the complaint will be given.
5. The complaints officer shall inform the complainant and the person who is the subject of the complaint in writing of the opinion on the merits of the complaint, whether or not accompanied by recommendations.
6. If the complaint has been dealt with satisfactorily, the complainant, the complaints officer and the person who is the subject of the complaint will sign the opinion on the merits of the complaint.
Article 6 Confidentiality and free complaint handling
1. The complaints officer and the person about whom the complaint has been made shall observe confidentiality in the handling of the complaint.
2. The complainant does not owe any compensation for the costs of the treatment of the complaint.
Article 7 Responsibilities
1. The complaints officer is responsible for the timely handling of the complaint.
2. The person who is the subject of the complaint shall keep the complaints officer informed about any contact and a possible solution.
3. The complaints officer shall keep the complainant informed about the handling of the complaint.
4. The complaints officer shall keep the complaint file up to date.
Article 8 Complaint registration
1. The complaints officer registers the complaint with the subject of the complaint.
2. A complaint can be divided into several subjects.
3. The complaints officer shall periodically report on the handling of complaints and shall make 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 decision.