Complaints Procedure

Article 1 Definitions

In this office complaints procedure, the following definitions apply:

• Complaint: any written expression of dissatisfaction by or on behalf of the client towards the lawyer or individuals working under their responsibility, concerning the conclusion and execution of an agreement for services, the quality of the services provided, or the amount of the invoice, excluding a complaint as referred to in section 4 of the Lawyers Act;
• Complainant: the client or their representative who expresses a complaint;
• Complaints committee: the chairperson and secretary responsible for handling the complaint;

Article 2 Scope

Paragraph 1 This office complaints procedure applies to every agreement for services between De Clercq Advocaten Notariaat and the client.

Paragraph 2 Every lawyer at De Clercq Advocaten Notariaat will handle complaints in accordance with the office complaints procedure.

Article 3 Objectives

This office complaints procedure aims to:

• Establish a procedure to handle clients’ complaints in a timely and constructive manner;
• Establish a procedure to identify the causes of clients’ complaints;
• Maintain and improve existing relationships through effective complaint handling;
• Train staff in responding to complaints in a client-centric manner;
• Improve the quality of services through complaint handling and analysis.

Article 4 Information at the start of services

Paragraph 1 This office complaints procedure has been made public. Before entering into the agreement for services, the lawyer will inform the client that the firm has an office complaints procedure in place, and it applies to the services provided.

Paragraph 2 De Clercq Advocaten Notariaat includes in the general terms and conditions the details of the independent party or body to which a complaint that remains unresolved after treatment can be submitted for a binding decision, as communicated in the engagement confirmation.

Paragraph 3 Complaints as defined in Article 1 of this office complaints procedure that are not resolved after treatment will be submitted to the disputes committee for the legal profession if it concerns a complaint about the services provided by a lawyer. If it concerns a complaint about the services provided by a notary and it remains unresolved, the complaint will be submitted to the notarial disputes committee.

Article 5 Internal complaints procedure

Paragraph 1 If a client files a complaint, this complaint must be sent to the secretary of the complaints committee, Mrs. A.M. van Egmond-Glasbergen.

Paragraph 2 The secretary of the complaints committee shall forward the complaint to Mrs. mr. drs. H.P. van Baalen within five working days, who acts as the chairperson of the complaints committee.

Paragraph 3 The complaints committee will inform the party against whom the complaint is made about the submission of the complaint and will give the complainant and the party against whom the complaint is made an opportunity to provide an explanation.

Paragraph 4 The party against whom the complaint is made will try to reach a solution, together with the client, with or without the intervention of the complaints committee.

Paragraph 5 The complaints committee will handle the complaint within four weeks of receiving it or will inform the complainant of any deviation from this period, stating the deadline within which a judgment on the complaint will be given.

Paragraph 6 The complaints committee will inform the complainant and the party against whom the complaint is made in writing of the judgment on the merits of the complaint, with or without recommendations.

Paragraph 7 If the complaint has been handled to the satisfaction of all parties, the complainant, the chairperson of the complaints committee, and the party against whom the complaint is made will sign the judgment on the merits of the complaint.

Article 6 Confidentiality and free complaint handling

Paragraph 1 The complaints committee and the party against whom the complaint is made will observe confidentiality in handling the complaint.

Paragraph 2 The complainant is not required to pay for the costs of handling the complaint.

Article 7 Responsibilities

Paragraph 1 The complaints committee is responsible for the timely handling of the complaint.

Paragraph 2 The party against whom the complaint is made will keep the secretary of the complaints committee informed about any contact and a possible solution.

Paragraph 3 The secretary of the complaints committee will keep the complainant informed about the handling of the complaint.

Paragraph 4 The secretary of the complaints committee maintains the complaint file.

Article 8 Complaint registration

Paragraph 1 The secretary of the complaints committee registers the complaint along with the subject of the complaint.

Paragraph 2 A complaint can be classified under multiple subjects.

Paragraph 3 The complaints committee will report periodically on the handling of complaints and makes recommendations to prevent new complaints and improve procedures to the Executive Board.

Paragraph 4 At least once a year, the reports and recommendations will be discussed at the office and submitted to the Executive Board for decision-making.