Complaints procedure Osnabrugge Advocatuur & Advies
Introduction
Osnabrugge Advocatuur & Advies (‘OA’) has a complaints procedure (‘procedure’) in place that is stated below. This procedure includes procedures for dealing with complaints from clients about the provision of services by a lawyer of OA.
If OA is unsuccessful in resolving a client’s complaints about the services provided by a lawyer in compliance with this procedure in a manner that is acceptable to the relevant client, the client may, depending on the nature of the complaint, apply to the civil court.
Complaints officer: E.J. Osnabrugge, LLM, Noord Brabantlaan 303, 5657 GB Eindhoven
Article 1 Definitions
In this procedure, the following definitions apply:
Complaint: any written expression of dissatisfaction by or on behalf of the client to the lawyer or the persons working under their responsibility about the formation and execution of a letter of engagement, the quality of the services or the amount of the invoice, not being a complaint within the meaning of subsection 4 of the Dutch Counsel Act;
Complainant: the client or their representative who expresses a complaint;
Complaints officer: the lawyer in charge of handling the complaint;
OA: Osnabrugge Advocatuur & Advies, having its registered office in Eindhoven and its principal place of business at Noord Brabantlaan 303, 5657 GB Eindhoven.
Article 2 Scope of application
This office complaints procedure applies to any letter of engagement between OA and the client. Any lawyer of OA handles complaints in accordance with this procedure.
Article 3 Objectives
The purpose of this procedure is:
1. To establish a procedure for constructively handling complaints submitted by clients within a reasonable period of time;
2. To establish a procedure for determining the reasons for complaints submitted by clients;
3. To maintain and improve existing relationships by means of the proper handling of complaints;
4. To train employees in adopting a client-focused approach when responding to complaints;
5. To improve the quality of services by means of complaints handling and complaints analysis.
Article 4 Submitting a complaint
The complainant sends the complaint to OA’s complaints officer. The complainant does not owe a fee for the costs of handling the complaint.
The complaint must include the name and address of the complainant and/or their representative, the date and description of the acts or omissions that the complaint is directed against, and must be signed. OA may decide not to handle a complaint if it does not meet the above requirements. In that case, OA gives the complainant the opportunity to supplement the complaint in accordance with the stated requirements within two weeks after OA has informed the complainant. OA will not handle the complaint if such supplement is not forthcoming within that period. The complainant will be informed about this in writing.
Article 5 Confirmation of receipt
No later than ten working days after receipt of the complaint submitted in accordance with the applicable requirements or the complaint that has been supplemented in accordance with the applicable requirements, OA confirms receipt thereof to the complainant.
Article 6 Handling the complaint
The complaints officer informs the relevant lawyer about the complaint. The complaints officer gives the person about whom complaints have been submitted the opportunity to respond to the substance of the complaint within a period set by the complaints officer.
The complaints officer is entitled to obtain all information that he deems necessary for a proper handling and assessment of the complaint.
The person whom the complaint concerns will try to reach a solution together with the complainant, whether or not through the intermediary of the complaints officer.
To the extent that the complaints officer considers it opportune, he will call both parties to a hearing. The complaints officer determines the location, date and time, and informs the parties in writing.
In principle, the complaints officer handles the complaint within four weeks of receipt of the complaint, or informs the complainant, stating reasons, about any derogation from this period, stating the period within which an opinion will be given on the complaint.
The complaints officer comes up with a solution where possible and gives an opinion where necessary. The complaints officer informs the complainant and the lawyer in writing of his opinion on the merits of the complaint.
If the complainant does not agree with the solution and/or the opinion of the complaints officer, the complainant may apply to the civil court.
Article 7 Confidentiality
The complaints officer, the complainant and the person whom the complaint concerns maintain confidentiality when handling the complaint.
Article 8 Responsibilities
The complaints officer is responsible for handling the complaint within the specified time. The person whom the complaint concerns keeps the complaints officer informed of any contact and of a possible solution. The complaints officer keeps the complainant informed of the handling of the complaint. The complaints officer keeps the complaint file up to date.
Article 9 Complaint registration
The complaints officer registers the complaint, stating the subject of the complaint. A complaint may be classified into several subjects. The complaints officer presents a periodic report about the handling of complaints and makes recommendations to prevent new complaints as well as to improve procedures. The reports and recommendations are discussed at the firm at least once a year.