Complaints procedure

1. Definitions

complaint – Any expression of dissatisfaction with the lawyer's services, made orally or in writing by or on behalf of the client, that can reasonably be regarded as such.

complainant – The client, or the client's representative, who makes a complaint.

complaints procedure – The procedure the firm follows when handling complaints.

complaints policy – This document, setting out the firm's complaints procedure in writing.

complaints officer – The person to whom a complaint is referred for handling, not being the lawyer the complaint is about.

complaint registration form – An internal form used to carry out the procedure set out in this complaints policy.

Disputes Committee for the Legal Profession – The committee set up by the Foundation for Consumer Disputes Committees (SGC) and the Foundation for Disputes Committees for Trade and Industry (SGB), to which the firm may refer disputed and unpaid invoices, and before which disputes about value for money can be brought if the solution proposed by the firm is not satisfactory.

Disputes Scheme for the Legal Profession – The procedure applied by the Disputes Committee for the Legal Profession to settle disputes between lawyers and clients.

Rules of the Disputes Committee for the Legal Profession – The rules setting out how the Disputes Committee for the Legal Profession works.

2. Objectives

The complaints policy aims to:

1. Set out a procedure for dealing with client complaints constructively and within a reasonable time.
2. Set out a procedure for establishing what causes client complaints.
3. Maintain and improve existing relationships through sound complaint handling.
4. Train staff to respond to complaints in a client-focused way.
5. Improve the quality of our services by handling and analysing complaints.

3. Informing the client

The lawyer:

1. Points out to the client that the firm operates a complaints policy.
2. Tells the client that unresolved problems can be put to the Disputes Committee for the Legal Profession.
3. Lets the client know that the Rules of the Disputes Committee for the Legal Profession can be requested from the committee's secretary at PO Box 90600, 2509 LP The Hague.

4. The internal complaints procedure

1. If a client approaches the firm with a complaint in any way, the lawyer concerned must be informed.
2. The lawyer concerned will try to reach a solution together with the client, consulting the complaints officer where appropriate.
3. The lawyer concerned, or the complaints officer, will make sure the complaint is handled properly and in line with this complaints policy.
4. Confidentiality must be guaranteed at all times.
5. The client is told of the decision on the complaint.
6. If contact with the client does not resolve the complaint to their satisfaction, the matter is put to the Disputes Committee for the Legal Profession.

5. Recording and classifying the complaint

1. All complaints are recorded on the complaint registration form.
2. The complaints officer records and classifies the complaint.
3. Complaints are classified by how they are submitted, either (A) verbally or (B) in writing, and by their nature according to the categories below:
   • I. Complaints about the lawyer's working methods or conduct towards the client
   • II. Complaints about the legal substance of the services provided
   • III. Complaints about the financial side of the services provided
   • IV. Complaints about the running of the practice in general
4. A complaint may fall into more than one category.
5. Once a complaint has been settled to the client's satisfaction, the lawyer concerned and the complaints officer sign the complaint registration form.

6. Responsibilities

1. The lawyer concerned, and after that the complaints officer, is responsible for handling and resolving complaints.
2. The complaints officer is responsible for completing the complaints registration form in full.
3. The lawyer concerned keeps the complaints officer informed of how the complaint is dealt with.
4. The firm must settle the complaint in writing within four weeks.
5. The complaints officer responds to the complainant.
6. The complaints officer keeps the complaints file up to date.
7. The complainant is not charged for the handling of the complaint.

7. Analysing complaints

1. Once a complaint has been dealt with, the registration forms are collected by the complaints officer.
2. The complaints officer reports periodically on how complaints have been handled.
3. The complaints officer processes the data and draws up an analysis each year.
4. The complaints officer also makes recommendations to prevent further complaints and to improve procedures.

8. Internal discussion

1. Once a year, the firm discusses the complaints data on the basis of this analysis.
2. Measures for improvement are prepared and planned.
3. The complaints officer is responsible for preparing this meeting and producing the analysis.

9. Preventive action

1. Based on the complaints officer's annual analysis, the firm decides which preventive measures to take to improve the quality of its services.
2. These measures are presented together with the analysis at the firm meeting.