Office Complaints Procedure Drijber en Partners B.V.
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 the persons working under their responsibility regarding the formation and execution of an engagement agreement, the quality of the services, or the amount of the invoice, not being a complaint as referred to in section 4 of the Dutch Counsel Act (Advocatenwet);
Complainant
The client or their representative who makes a complaint known;
Complaints Officer
The lawyer who is charged with handling the complaint.
Article 2 – Scope
1. This office complaints procedure applies to every engagement agreement between Drijber en Partners B.V. and the client.
2. Every lawyer at Drijber en Partners B.V. ensures complaint handling in accordance with the office complaints procedure.
Article 3 – Objectives
The objectives of this office complaints procedure are:
a. to establish a procedure to handle client complaints within a reasonable period in a constructive manner;
b. to establish a procedure to determine the causes of client complaints;
c. to maintain and improve existing relationships through effective complaint handling;
d. to train employees in responding to complaints in a client-oriented manner;
e. to improve the quality of service through complaint handling and complaint analysis.
Article 4 – Information at the Start of Service
1. This office complaints procedure has been made public. Before entering into the engagement agreement, the lawyer informs the client that the firm uses an office complaints procedure and that it applies to the services provided.
2. Drijber en Partners B.V. has specified in its General Terms and Conditions accompanying the engagement agreement which independent party or body a complaint that remains unresolved after handling can be submitted to for a binding decision, and has made this known in the engagement confirmation.
3. Complaints as referred to in Article 1 of this office complaints procedure that remain unresolved after handling shall be submitted to the Foundation for Consumer Complaints Boards for the Legal Profession (Geschillencommissie Advocatuur).
Article 5 – Internal Complaint Procedure
1. If a client approaches the firm with a complaint, the complaint is forwarded to Ms. M.A. Oostendorp, LL.M., who thereby acts as the complaints officer.
2. The complaints officer notifies the person about whom the complaint has been made of the submission of the complaint and gives the complainant and the person complained about the opportunity to provide an explanation of the complaint.
3. The person about whom the complaint has been made attempts to reach a solution together with the client, whether or not after intervention by the complaints officer.
4. The complaints officer handles the complaint within four weeks of receipt of the complaint or notifies the complainant, stating reasons, of any deviation from this term, indicating the period within which an opinion on the complaint will be given.
5. The complaints officer informs the complainant and the person complained about in writing of the opinion on the merits of the complaint, whether or not accompanied by recommendations.
6. If the complaint has been handled satisfactorily, the complainant, the complaints officer, and the person complained about sign the opinion on the merits of the complaint.
Article 6 – Confidentiality and Free Complaint Handling
1. The complaints officer and the person complained about observe confidentiality during the complaint handling process.
2. The complainant is not required to pay any compensation for the costs of handling the complaint.
Article 7 – Responsibilities
1. The complaints officer is responsible for the timely handling of the complaint.
2. The person complained about keeps the complaints officer informed of any contact and a possible solution.
3. The complaints officer keeps the complainant informed about the progress of the complaint handling.
4. The complaints officer maintains the complaint file.
Article 8 – Complaint Registration
1. The complaints officer registers the complaint along with the subject of the complaint.
2. A complaint can be classified into multiple subjects.
Article 9 – Deadline for Submitting a Complaint
The complaint must be submitted within three months after the client became aware, or could reasonably have become aware, of the act or omission that led to the complaint.
Article 10 – Foundation for Consumer Complaints Boards for the Legal Profession
1. Should our firm, in your opinion, not have resolved your objections satisfactorily, you may submit a complaint to the Foundation for Consumer Complaints Boards for the Legal Profession (Geschillencommissie Advocatuur). This path is also open to you if our firm has not handled your objections in writing within four weeks of submission.
2. The Geschillencommissie Advocatuur handles the case according to the Regulations of the Geschillencommissie Advocatuur in force at the time the complaint is submitted to that committee. You can request the regulations from the Geschillencommissie Advocatuur at the following address:
P.O. Box 90600
2509 LP THE HAGUE
3. You can submit your complaint to the Geschillencommissie Advocatuur at the above address no later than twelve months after the written response from our firm. After this period, this option expires.
4. Our firm may submit unpaid invoices for collection to the Geschillencommissie Advocatuur.
5. In the case of services provided to a private client, the regulations provide for a binding opinion, unless the client turns to the ordinary court within one month after the complaint has been handled by our firm. In the event of the collection of a claim against a private client, there is only a binding opinion if the client deposits the outstanding amount with the Geschillencommissie. If they do not do so, arbitration applies to the collection.
6. The Geschillencommissie Advocatuur is authorized to rule on complaints concerning the quality of the lawyer’s services and the amount of all types of invoices. In addition, the Geschillencommissie is authorized to rule on claims for damages up to a maximum amount of €25,000. You can only submit higher damage claims to the Geschillencommissie Advocatuur if you limit the amount of the claim to €25,000 and waive the excess in writing.
7. Rulings by the Geschillencommissie Advocatuur regarding the quality of service do not have the authority of res judicata in any legal proceedings before the ordinary court regarding damage claims exceeding €25,000. This means that in a possible proceeding before the ordinary court regarding a damage claim of more than €25,000, you cannot rely on a ruling by the Geschillencommissie Advocatuur.
8. The Geschillencommissie Advocatuur rules to the exclusion of the ordinary court. No appeal is possible against the ruling of the Geschillencommissie Advocatuur.