Complaints procedure

Article 1 Definitions

In this complaints procedure the following definitions apply:

• Lawyer: the lawyer working at Uiteen Advocaten & Mediators Familie- en Erfrecht whose acts and/or omissions are the subject of the complaint.
• Office: Uiteen Advocaten & Mediators Familie- en Erfrecht, hereinafter referred to as “Uiteen”;
• Complaint: any written expression of dissatisfaction by or on behalf of the client towards the lawyer or the persons working under his responsibility, not being a complaint as referred to in paragraph on the conclusion and execution of an agreement for services, the quality of the services or the amount of the fee, not being a complaint as referred to in paragraph 4 of the Lawyers Act;
• Complainant: the client or his representative who makes a complaint known;
• Complaint handler: the attorney in charge of handling complaints, not being the attorney against whom the complaint is directed. The complaint handler at this office is Martine Stut and in her absence she will be replaced by Janneke Mulder.

Article 2 Scope of application

1. This office complaint regulation applies to every contract of assignment between the lawyers working for Uiteen and the client. This regulation also applies to persons working under the responsibility of the lawyer.
2. The lawyer is responsible for complaint handling in accordance with this office complaint regulation.

Article 3 Objectives.

The purpose of this office complaint procedure is to:

1. To establish a procedure to deal constructively with client complaints within a reasonable period of time;
2. Establishing a procedure to determine the causes of client complaints;
3. Maintain and improve existing relationships through proper complaint handling;
4. Training employees in client-centered response to complaints;
5. Increasing the quality of services through complaint handling and complaint analysis.

Article 4 Information upon commencement of services

1. Before entering into the engagement agreement, the lawyer informs the client that the firm has an office complaints procedure and that it applies to the provision of services.
2. The firm posts the complaint procedure on the firm’s website. If necessary, the client expressing a complaint will be made aware of the existence of the complaints procedure.
3. The lawyer has included in the contract of assignment or in the general terms and conditions to which independent party or authority a complaint that is not properly resolved after treatment can be submitted to obtain a binding decision.

Article 5 Internal complaint procedure

1. When a client approaches the firm in any way with a complaint, the complaint is brought to the attention of the complaint handler and of the lawyer/mediator involved, as well as, where appropriate, the person involved under the responsibility of the lawyer/mediator involved.
2. The complaint handler shall give the complainant an opportunity to provide a written explanation of the complaint. The person complained about is then given the opportunity to respond to the complaint in writing.
3. At the discretion of the complaint handler, the complainant is then invited to an interview, at which the person(s) complained about may also be present. During that conversation, the complaint handler will attempt to reach a solution together with the client.
4. Within one month of receiving the complaint, the complaint handler will inform the complainant and the person(s) about whom the complaint has been made, in writing and with reasons, of the verdict and the merits of the complaint, whether or not accompanied by recommendations. In the event of deviation from this deadline, the complaint handler shall notify the complainant and the person(s) complained against, stating reasons, and the deadline within which an opinion on the merits of the complaint will be given.
5. If the complaint is settled satisfactorily, the complainant and the complaint handler sign the judgment on the merits of the complaint or the manner of settlement of the complaint is mutually confirmed in writing via e-mail.
6. In case the complainant does not accept the verdict of the complaint handler, the complainant is free to submit the dispute about the conclusion and/or execution of the agreement, the quality of the services or the amount of the invoice to the Disputes Committee for the Legal Profession or to the competent court. The complainant is also free to submit a complaint to the Dean of the Bar Association in the district where the lawyer against whom the complaint is directed works. In case it concerns mediation work, the complaint should be submitted to the board of the Association of Family and Inheritance Lawyers and Divorce Mediators (vFAS).

Article 6 confidentiality and free treatment

1. Confidentiality must be guaranteed under all circumstances.
2. The complainant shall not be liable for any compensation for the costs of the complaint handling by the complaint handler.

Article 7 Responsibilities.

1. The complaint handler is responsible for the timely resolution of the complaint.
2. The complaint handler will keep the complainant informed about settlement of the complaint.
3. The complaint handler maintains a complaint file.

Article 8 Complaint registration, analysis and internal discussion.

1. The complaint handler registers and describes the complaint.
2. The complaint handler keeps a record of all complaints received, including the subject of the complaint.
3. The complaint handler periodically reports on the handling of complaints internally.
4. The complaint handler makes an annual analysis and makes recommendations to prevent new complaints, as well as to improve procedures.