complaints procedure

ARTICLE 1 – DEFINITIONS
In this office complaint scheme, 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 regarding the
    conclusion and execution of an agreement for services, the quality of the
    services provided or the amount of the fee, not being a complaint as referred to
    in paragraph 4 of the Lawyers Act;
  • complainant: the client or client’s representative making a complaint;
  • complaints officer: the lawyer in charge of handling the complaint;

ARTICLE 2 – SCOPE OF APPLICATION
1. These office complaint regulations shall apply to any agreement for services between Langelaar Klinkhamer Advocaten B.V. and the client. 2. Langelaar Klinkhamer Advocaten B.V. is responsible for complaint handling in accordance with the office complaints procedure.
ARTICLE 3 – OBJECTIVES
The purpose of this office complaint scheme is to: (a) establishing a procedure to resolve client complaints constructively within a reasonable period of time; (b) establishing a procedure to determine the causes of client complaints; (c) maintaining and improving existing relationships through proper complaint handling;
(d) training staff in client-centred response to complaints;
(e) improving service quality through complaint handling and complaint analysis
ARTICLE 4 – INFORMATION AT START OF SERVICE
1. This office complaint scheme has been made public. Before entering into the contract for services, the lawyer informs the client that the firm has an office complaints procedure and that it applies to the services provided. 2. Langelaar Klinkhamer Advocaten B.V. has included through its general terms and conditions to which independent party or body a complaint that is not resolved after treatment can be submitted for a binding decision and has made this known in the engagement confirmation. 3. Complaints as referred to in Article 1 of these office complaints regulations that are not resolved after treatment will be submitted to the Rotterdam District Court. Dutch law shall apply.
ARTICLE 5 – INTERNAL COMPLAINT PROCEDURE
1. If a client approaches the firm with a complaint, the complaint will be directed to Mr E.C.G. Klinkhamer, who thereby acts as complaints officer or to Mr W.G. Reddingius, in case a complaint is directed against Mr E.C.G. Klinkhamer. 2. The complaints officer shall notify the person complained about of the filing of the complaint and shall give the complainant and the person complained about an opportunity to explain the complaint. 3. The person complained about shall try to reach a solution together with the client, with or without the intervention of the complaints officer. 4. The complaints officer will settle the complaint within four weeks of receiving it, or will notify the complainant of any deviation from this deadline, giving reasons, and stating the period within which a decision on the complaint will be made. 5. The complaints officer shall notify the complainant and the person complained against in writing of the opinion on the merits of the complaint, whether or not accompanied by recommendations. 6. If the complaint is settled satisfactorily, the complainant, the complaints officer and the person complained about shall sign the opinion on the merits of the complaint. 7. The Rotterdam District Court is competent to take cognisance of complaints that have not been resolved pursuant to these complaints regulations.
ARTICLE 6 – CONFIDENTIALITY AND FREE HANDLING OF COMPLAINTS
1. The complaints officer and the person about whom a complaint has been made shall observe confidentiality in handling the complaint. 2. The complainant shall not be charged for the costs of handling the complaint.
ARTICLE 7 – RESPONSIBILITIES
1. The complaints officer is responsible for the timely resolution of the complaint. 2. The person complained about shall keep the complaints officer informed about any contact and possible resolution 3. The complaints officer shall keep the complainant informed about the resolution of the complaint. 4. The complaints officer shall keep the complaint file.
ARTICLE 8 – COMPLAINT REGISTRATION
1. The complaints officer shall register the complaint including the subject of the complaint. 2. A complaint may be divided into several topics. 3. The complaints officer shall report periodically on the handling of complaints and make recommendations for the prevention of new complaints and the improvement of procedures. 4. At least once a year, the reports and recommendations shall be discussed at the office and submitted for decision-making.
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