Article 1 Definitions
In this office complaints procedure, the following terms are understood as:
- Complaint: any written expression of dissatisfaction by or on behalf of the client against the lawyer or persons working under their responsibility concerning the formation and execution of an agreement, the quality of the service, or the amount of the invoice, excluding a complaint as referred to in paragraph 4 of the Lawyers Act;
- Complainant: the client or their representative who submits a complaint;
- Complaints Officer: the lawyer responsible for handling the complaint.
Article 2 Scope
1. This office complaints procedure applies to every agreement between BDW and the client.
2. Every lawyer at BDW is responsible for handling complaints in accordance with this office complaints procedure.
Article 3 Objectives
The objectives of this office complaints procedure are:
a. Establishing a procedure for handling client complaints in a constructive manner within a reasonable period of time;
b. Establishing a procedure to determine the causes of client complaints;
c. Retaining and improving existing relationships through effective complaint handling;
d. Training staff to respond to complaints in a client-focused manner;
e. Improving the quality of services through complaint handling and complaint analysis.
Article 4 Information at the Start of Services
1. This office complaints procedure is made public. The lawyer will inform the client prior to entering into the agreement that the office operates an office complaints procedure and that it applies to the services provided.
2. BDW has included in its general terms and conditions which independent party or body a complaint, unresolved after handling, may be submitted to in order to obtain a binding decision, and this has been communicated in the engagement confirmation.
3. Complaints as referred to in Article 1 of this office complaints procedure, which are not resolved after handling, will be submitted for arbitration.
Article 5 Internal Complaint Procedure
1. If a client approaches the office with a complaint, the complaint will be forwarded to Sebastiaan Bennink, who will act as the complaints officer.
2. The complaints officer will inform the person against whom the complaint is made of the submission of the complaint and will give both the complainant and the person against whom the complaint is made the opportunity to provide further explanation of the complaint.
3. The person against whom the complaint is made will try to reach a solution with the client, whether or not following the intervention of the complaints officer.
4. The complaints officer will resolve the complaint within four weeks of receipt or will inform the complainant of any deviation from this period, stating the reasons and the period within which a decision on the complaint will be given.
5. The complaints officer will notify the complainant and the person against whom the complaint is made in writing of the judgment on the merits of the complaint, possibly accompanied by recommendations.
6. If the complaint is resolved to the satisfaction of the complainant, the complainant, the complaints officer, and the person against whom the complaint is made will sign the judgment on the merits of the complaint.
Article 6 Confidentiality and Free Complaint Handling
1. The complaints officer and the person against whom the complaint is made will maintain confidentiality during the complaint handling.
2. The complainant is not required to pay any fee for the handling of the complaint.
Article 7 Responsibilities
1. The complaints officer is responsible for the timely resolution of the complaint.
2. The person against whom the complaint is made will keep the complaints officer informed of any contact and a possible solution.
3. The complaints officer will keep the complainant informed of the progress in resolving the complaint.
4. The complaints officer will maintain the complaint file.
Article 8 Complaint Registration
1. The complaints officer will record the complaint and the subject of the complaint.
2. A complaint may be categorised under multiple subjects.
3. The complaints officer will periodically report on the handling of complaints and make recommendations to prevent new complaints and improve procedures.
4. At least once a year, the reports and recommendations will be discussed at the office and submitted for decision-making.