SKE ADVOCATEN INTERNAL COMPLAINTS PROCEDURE
Article 1 Definitions
In this internal complaints procedure, the following definitions apply:
– complaint: any oral or written expression of dissatisfaction by or on behalf of the client towards the lawyer or the persons working under the lawyer’s responsibility concerning the conclusion and performance of a contract of engagement, 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 the client’s representative who submits a complaint;
– complaints officer: the lawyer responsible for handling the complaint;
– complaint registration form: the form to be used in carrying out the procedure laid down in this complaints procedure.
Article 2 Scope
1. This internal complaints procedure applies to every contract of engagement between SKE Advocaten, the partnership that forms the firm and the employed associate lawyers of the partnership on the one hand, and the client on the other.
2. Every lawyer of SKE Advocaten ensures or contributes to the handling of complaints in accordance with this internal complaints procedure.
Article 3 Objectives
The objectives of this internal complaints procedure are:
a. to establish a procedure for handling client complaints constructively within a reasonable period;
b. to establish a procedure for determining the causes of client complaints;
c. to maintain and improve existing relationships through proper complaint handling;
d. to train staff in responding to complaints in a client-oriented manner;
e. to improve the quality of services through complaint handling and complaint analysis.
Article 4 Information at the start of the engagement
1. This internal complaints procedure is public. Before entering into the contract of engagement, the lawyer informs the client that the firm has an internal complaints procedure and that it applies to the services provided. Where necessary, the lawyer repeats this, even after the engagement has ended.
2. SKE Advocaten has specified in its general terms and conditions the independent party or body to which a complaint that remains unresolved after handling may be submitted for a binding decision, and has communicated this in the engagement letter.
3. Complaints as referred to in Article 1 of this procedure that remain unresolved after handling may, if desired, be submitted to the Dean of the local Bar Association or, if the client so wishes, through the Dean directly to the Disciplinary Council.
Article 5 Internal complaints procedure
1. If a client approaches the firm with a complaint, the complaint is referred to Ms A.M. de Koning, who acts as complaints officer. If a complaint concerns the conduct of Ms de Koning, Mr R.J. van Eenennaam acts as complaints officer.
2. Where necessary, the complaints officer notifies the person against whom the complaint is made and gives the complainant and that person the opportunity to explain the complaint orally.
3. The person against whom the complaint is made tries 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 or, stating the reasons, informs the complainant of any deviation from this period, specifying the period within which a decision on the complaint will be given.
5. The complaints officer informs the complainant and the person against whom the complaint is made in writing by e-mail of the decision on whether the complaint is well-founded, with or without recommendations.
6. If the complaint has been handled satisfactorily, the complainant, the complaints officer and the person against whom the complaint is made sign the decision on whether the complaint is well-founded.
Article 6 Confidentiality and free complaint handling
1. The complaints officer and the person against whom the complaint is made observe confidentiality in handling the complaint.
2. The complainant does not owe any fee for the costs of handling the complaint.
Article 7 Responsibilities
1. The complaints officer is responsible for handling the complaint in a timely manner.
2. The person against whom the complaint is made keeps the complaints officer informed of any contact and any possible solution.
3. The complaints officer keeps the complainant informed of the handling of the complaint. 4. The complaints officer maintains the complaint file.
Article 8 Complaint registration
1. The complaints officer registers the complaint together with its subject.
2. A complaint may be classified under several subjects.
3. The complaints officer reports periodically on the handling of complaints and makes recommendations to prevent new complaints and to improve procedures.
4. At least once a year, the reports and recommendations are discussed at the firm and submitted to the partnership for decision.
This English translation is provided for information purposes only. In the event of any discrepancy, the Dutch text prevails.