Office Complaints Procedure of De Voort advocaten | Mediators
Pursuant to article 6.28 of the Legal Profession Bye-law (“Verordening op de advocatuur”), version 2020.1
In this office complaints procedure the following terms will have the following meanings:
- lawyer: a lawyer associated with De Voort or a person working under the responsibility of the solicitor concerned.
- client: a natural person or legal entity who, through a representative or otherwise, purchases services from De Voort;
- De Voort: the partnership De Voort Advocaten | Mediators, registered at Tilburg;
- Complaints Procedure: this firm’s complaints procedure;
- Complaint: any written expression of dissatisfaction from or on behalf of the client towards the lawyer about: 1) the conclusion and/or performance of a contract for services; 2) the quality of the service provided and/or; 3) the amount of the fee note which is not a complaint within the meaning of paragraph 4 of the Act on Advocates (“Advocatenwet”);
- Complaints officer: the lawyer charged with handling of complaints, available via email@example.com, currently: dr. mr. J.J.M. van Mierlo.
- The office complaints procedure applies to every contract for services between De Voort and client. The complaints procedure also applies to persons working under the responsibility of the lawyer, insofar as such persons perform or have performed services at De Voort. If the complaint has not been resolved after it has been handled, the complaint may be submitted to a civil court of law in the way as described in the order confirmation.
- Each lawyer will ensure that complaints are handled in accordance with this firm’s complaints procedure.
The complaints procedure has the following purposes:
- establishing a procedure for handling complaints of clients in a constructive manner and within a reasonable time;
- establishing a procedure to determine the causes of client’s complaints;
- training employees in responding to complaints in a client-focused manner;
- improving the quality of service provision by means of complaints handling and complaints analysis.
4. COMPLAINTS PROCEDURE
- A complaint must be submitted through the email address: firstname.lastname@example.org. In case a client approaches De Voort with a complaint in a different way the complaint is forwarded to the complaints officer through the above email address. In case a client informs a lawyer of a complaint or the lawyer learns of an intention to that effect, the lawyer will inform the client that client may submit his complaint through the above email address. At the request of the client and at the time at which the lawyer is informed of the complaint, or if the lawyer is informed of an intention to that effect, the lawyer will provide a copy of this office complaints procedure.
- Upon receipt of a complaint the complaints officer will confirm the receipt and date of receipt to the client and the lawyer and, as the case may be, the person working under said lawyer’s responsibility who is the subject of the complaint. The complaints officer will notify the lawyer who is the subject of the complaint, that a complaint has been submitted, and will give the client and the lawyer who is the subject of the complaint the opportunity to provide an explanation of the complaint. The complaints officer will ensure that the client and the lawyer have this complaints procedure available and will point out to them that it will be applied.
- The client will attempt to resolve the complaint with the lawyer who is the subject of the complaint, through the intermediary of the complaints officer or otherwise.
- The complaints officer will handle the complaint within four weeks of receipt of the complaint or will notify client of any deviation of this term, stating the reasons, as well as the time at which an opinion about the complaint will be given.
- The complaints officer will inform the client and the lawyer who is the subject of the complaint in writing of his opinion of the merits of the complaint, with or without any recommendations.
- If the complaint has been resolved satisfactorily, the client and the lawyer who is the subject of the complaint, together with the complaints officer, will sign the opinion on the merits of the complaint.
5. CONFIDENTIALITY AND HANDLING OF COMPLAINTS FREE OF CHARGE
- The complaints officer and the subject of the complaint will observe confidentiality during handling of the complaint.
- The client does not owe any fee or costs for handling of the complaint.
- The complaints officer is responsible for handling of the complaint in a timely manner.
- The lawyer who is the subject of the complaint will keep the complaints officer informed of any contacts and a possible resolution.
- The complaints officer will keep the complainant informed of the handling of the complaint.
- The complaints officer will keep the complaint file up to date.
7. COMPLAINTS REGISTRATION
- The complaints officer will file the complaint, stating its subject.
- A complaint may be classified under several subjects.
- The complaints officer will keep a record of all complaints received, stating the subject of the complaints.
- Each year the complaints officer will discuss the handling of complaints with the lawyers and other persons affiliated with De Voort and he/she will make recommendations for the purpose of preventing new complaints and improving procedures.