Complaints Procedure Bartolus Rechtspraktijk B.V. (version 9 May 2018)
Article 1 definitions
In this complaints procedure the terms listed below have the following meaning:
– complaint: any written statement of dissatisfaction from or on behalf of a client towards any attorney-at-law, or the persons working under the responsibility of this attorney-at-law, regarding the conclusion and performance of an engagement, the quality of the service provided or the amount of the fee statement, not being a complaint within the meaning of paragraph 4 of the Attorneys Act ('Advocatenwet');
– complainant: the client or his or her representative, who gives notice of a complaint;
– complaints officer: the attorney-at-law entrusted with the handling of the complaint.
Article 2 scope
- This complaints procedure applies to all engagements between Bartolus Rechtspraktijk B.V. and the client.
- Any attorney-at-law of Bartolus Rechtspraktijk B.V. will arrange for the handling of complaints in accordance with this complaints procedure.
Article 3 objectives
The objectives of this complaints procedure are:
- to establish a procedure for constructively dealing with complaints from clients within a reasonable period of time;
- to establish a procedure for determining the causes of complaints from clients;
- to maintain and improve existing relationships by properly handling complaints;
- to train employees to respond to complaints in a client-oriented manner;
- to improve the quality of the services by means of complaints handling and complaints analysis.
Article 4 information provided at the commencement of services
- This complaints procedure has been made public. Before entering into an engagement, the attorney-at-law will draw the client’s attention to the fact that the firm has a complaints procedure and that it applies to the services to be provided.
- Bartolus Rechtspraktijk B.V. has communicated through its Terms and Conditions to which independent party or institution any complaint, which is not solved after being handled internally, can be submitted for a binding decision and has given notice thereof when sending an engagement letter to the client.
- Complaints as defined in article 1 of this complaints procedure, which are not solved after being handled internally, can be submitted to the district court of Amsterdam.
Article 5 internal complaints procedure
- If a client contacts the firm with a complaint, the complaint is passed on to Mr. A.R. Filius, who thereby acts as the complaints officer.
- The complaints officer informs the person, to whom the complaint relates, that a complaint has been filed and gives the complainant and the person to whom the complaint relates the opportunity to give an explanation with respect to the complaint.
- The person to whom the complaint relates will attempt to reach a solution together with the client, if necessary through the involvement of the complaints officer.
- The complaints officer will deal with the complaint within four weeks after it is received or will inform the complainant, while stating the reasons, of any deviation from that term, indicating within which term a decision on the complaint can be expected.
- The complaints officer will inform the complainant and the person to whom the complaint relates in writing of his decision on the validity of the complaint, if possible accompanied by recommendations.
- If the complaint has been handled satisfactorily, the complainant, the complaints officer and the person to which the complaint relates will sign the decision on the validity of the complaint.
Article 6 confidentiality and complaint handling without costs
- The complaints officer and the person to whom the complaint relates will observe confidentiality in dealing with the complaint.
- No costs will be due by the complainant for the handling of the complaint.
Article 7 responsibilities
- The complaints officer is responsible for timely resolving the complaint.
- The person to whom the complaint relates will inform the complaints officer of any contact that has taken place with the client and of any potential solution.
- The complaints officer will keep the complainant informed about the handling of the complaint.
- The complaints officer will keep a file of the complaint and its handling.
Article 8 registration of the complaint
- The complaints officer will register the complaint, stating the subject of the complaint.
- A complaint may be divided into several subjects.
- The complaints officer will report periodically on the handling of the complaints and will make recommendations to avoid new complaints and to improve internal procedures.
- The reports and the recommendations will be discussed and presented for decision-making within the firm once a year.