Complaints procedure rules
Complaints Procedure Regulation of Warendorf law firm
Article 1 definition of terms
In the Firm’s Complaints Procedure Regulation the following terms mean
- complaint: any written expression of discontent made by or for the client with regard to the lawyer or the persons who perform work under the lawyer’s responsibility in respect of the conclusion and the implementation of a contract for services, the quality of the rendering of services or the amount of the fees charged, where this does not constitute a complaint within the meaning of Paragraph 4 of the Advocatenwet (Counsel Act);
- complainant: the client or the client’s representative who notifies a complaint;
- complaints officer: the lawyer charged with processing a complaint.
Article 2 scope of application
- The Firm’s Complaints Procedure Regulation shall apply in respect of each contract for services between Warendorf or a lawyer of Warendorf and the client.
- Each lawyer of Warendorf shall ensure that a complaint is dealt with in accordance with the Firm’s Complaints Procedure Regulation.
Article 3 aims
The Firm’s Complaints Procedure Regulation serves:
- to establish a procedure for processing complaints in a constructive manner within a reasonable period;
- to establish a procedure for the determination of the causes of complaints;
- to preserve and improve existing relationships by a proper process for dealing with complaints;
- to train assistants when faced with complaints in a manner that is in the best interests of the client;
- to improve the quality of the services by a proper procedure for dealing with complaints and the analysis thereof.
Article 4 information at the commencement of the rendering of services
- The Firm’s Complaints Procedure Regulation has been published. Prior to entry of a contract for services Warendorf shall inform the client that a Complaints Procedure Regulation will apply to the rendering of the Firm’s services.
- The Firm’s Complaints Procedure Regulation also provides that complaints that are not resolved after due consideration shall be settled in accordance with the Reglement Geschillencommissie Advocatuur (The Barâ€™s Complaints Board). The Complaints Board is established at 2591 XR The Hague, at the address 46 Bordewijklaan,The Hague, tel. 070-3105310 (www.degeschillencommissie.nl).
Article 5 internal complaints procedure
- When Warendorf is notified of a complaint the complaint shall be dealt with by Mr. A.M. Brenninkmeijer, who will act as complaints officer.
- The complaints officer shall inform the person against whom a complaint is made of the complaint and shall give both the complainant and the person against whom a complaint is made an opportunity to give comments on the complaint.
- The person against whom a complaint is made shall attempt, with or without intervention of the complaints officer, to arrive at a solution.
- The complaints officer shall deal with the complaint within four weeks from receipt of the complaint or shall inform the complainant with a reasoned statement why this is not possible and when an opinion on the complaint may be expected.
- The complaints officer shall notify the complainant and the person against whom a complaint is made in writing of the opinion on whether the complaint is well-founded together with recommendations, as the case may be.
- If the complaint is settled satisfactorily, the complainant, the complaints officer and the person against whom a complaint is made shall set their signature on the opinion on whether the complaint is well-founded.
Article 6 confidentiality and processing of complaints free of charge
- The complaints officer and the person against whom a complaint is made shall observe confidentiality when dealing with the complaint.
- No charge shall be made or due by the complainant for the cost of the processing of the complaint.
Article 7 responsibilities
- The complaints officer shall be responsible for the timely processing of the complaint.
- The person against whom a complaint is made shall regularly inform the complaints officer of any contact with the complainant and a possible solution.
- The complaints officer shall regularly keep the complainant informed of the processing of the complaint.
- The complaints officer shall keep the complaints file up to date, including when a complaint is followed by proceedings with the complaints board referred to in Paragraph 3 of Article 4 of the Advocatenwet.
Article 8 complaints registration
- The complaints officer shall register the complaint stating the subject matter of the complaint.
- A complaint may relate to several subject matters.