Office complaints procedure
How Data & Business Legal handles complaints about its services, and how cover during absence is arranged.
Definitions
In this office complaints procedure, the following terms have the following meanings:
complaint: any written expression of dissatisfaction by or on behalf of the client towards the lawyer or the persons working under the lawyer’s responsibility, concerning the formation and performance of an engagement agreement, the quality of the services, the amount of the invoice or the carrying out or offering of extrajudicial debt-collection activities, other than a complaint as referred to in section 4 of the Dutch Advocates Act;
complainant: the client, the client’s representative or a third party with a direct interest who makes a complaint known;
complaints officer: the lawyer charged with handling the complaint.
Scope
This office complaints procedure applies to every engagement agreement between Data & Business Legal and the client. Complaints by a debtor about Data & Business Legal as a provider or offeror of extrajudicial debt-collection activities also fall within the scope of this procedure, as referred to in article 4(2)(b) and article 14(3) of the Dutch Debt Collection Services Quality Act. Every lawyer at Data & Business Legal is responsible for handling complaints in accordance with this office complaints procedure.
Objectives
This office complaints procedure is intended to:
- ·establish a procedure for handling client complaints constructively and within a reasonable period;
- ·establish a procedure for identifying the causes of complainants’ complaints;
- ·fulfil a statutory obligation and maintain and improve existing relationships through sound complaint handling;
- ·train staff to respond to complaints in a client-focused manner; and
- ·improve the quality of the services through complaint handling and complaint analysis.
Information at the start of the services
This office complaints procedure has been made public. Before entering into the engagement agreement (or, for a debtor, when carrying out or offering extrajudicial debt-collection activities), the lawyer informs the client that the firm operates an office complaints procedure and that it applies to the services. In its general terms and conditions, Data & Business Legal has specified the independent party or body to which a complaint that remains unresolved after handling may be submitted for a binding ruling, and has made this known in the engagement confirmation. Complaints that remain unresolved after handling are submitted to the Amsterdam District Court.
Internal complaints procedure
If a complainant approaches the firm with a complaint, the complaint is forwarded to F.W. Brugman LL.M. of Brugman Advocaten B.V. in Zwaag, who thereby acts as complaints officer.
The complaints officer notifies the person complained about of the complaint and gives both the complainant and the person complained about the opportunity to explain the complaint.
The person complained about seeks to reach a solution together with the complainant, whether or not through the intervention of the complaints officer.
The complaints officer handles the complaint within four weeks of receiving it, or notifies the complainant, stating reasons, of any deviation from this period, indicating the period within which an assessment of the complaint will be given.
The complaints officer informs the complainant and the person complained about in writing of the assessment of the merits of the complaint, whether or not accompanied by recommendations.
If the complaint has been handled satisfactorily, the complainant, the complaints officer and the person complained about sign the assessment of the merits of the complaint.
Confidentiality and free-of-charge complaint handling
The complaints officer and the person complained about observe confidentiality when handling the complaint. The complainant owes no fee for the costs of handling the complaint.
Responsibilities
- ·The complaints officer is responsible for handling the complaint in a timely manner.
- ·The person complained about keeps the complaints officer informed about any contact and a possible solution.
- ·The complaints officer keeps the complainant informed about the handling of the complaint.
- ·The complaints officer maintains the complaint file.
Complaint registration
The complaints officer registers the complaint together with its subject. A complaint may be classified under several subjects. The complaints officer reports periodically on the handling of complaints and makes recommendations to prevent new complaints and to improve procedures. At least once a year, the reports and recommendations are discussed at the firm and submitted for decision-making.
Cover during absence
Data & Business Legal ensures that, in the event of planned temporary or long-term unavailability, a replacement for the lawyer is arranged and that the client’s file is, in consultation with the client, transferred to the replacement where necessary. The replacement is informed as fully as possible about the content of the matter, the arrangements with the client, the status of the file, the next steps to be taken and any means of reaching the handling lawyer in case of urgency.
In the event of unplanned cover, Data & Business Legal ensures that the file is reviewed by a replacement lawyer as soon as possible and that the client is contacted as soon as possible about the situation, in order to discuss the possibility of cover and transfer. Where necessary, the firm’s matters are covered by J.S. van Daal LL.M., lawyer in Amsterdam.