Office Complaints Procedure for Berculo Advocaten in Utrecht
Version dated January 2022
Article 1. Definitions
In this Office Complaints Procedure, the following definitions apply:
- client: the private individual or legal entity having concluded a contract for professional services with a contractor pursuant to which the contractor, or the lawyer affiliated with it, provides services.
- office: the partnership Berculo Advocaten in Utrecht.
- complaint: any written expression, by or on behalf of the client, of dissatisfaction with the lawyer or the persons working under the lawyer’s responsibility concerning the establishment or performance of a contract for professional services, the quality of the service, or the amount of the invoice, other than a complaint as defined in paragraph 4 of the Dutch Counsel Act (Advocatenwet);
- complainant: the client, or the client’s representative, making a complaint;
- Complaints Officer: the lawyer tasked with handling the complaint;
- contractor:
- Advocatenpraktijk Hoetink B.V. (Mr J.E. Hoetink, meester); or
- M.P.A. Bos Praktijk B.V. (Mr M.P.A. Bos, meester); or
- Paco B.V. (Ms L.M. van der Sluis, meester; or
- M. Kalkwiek Advocatuur B.V. (Mr M. Kalkwiek, meester; or
- M.P.C. Bilderbeek, meester, trading as Bilderbeek Advocatuur.
Article 2. Scope
- This Office Complaints Procedure applies to all contracts for professional services between the client and a contractor.
- The office handles complaints in accordance with the Office Complaints Procedure.
Article 3. Objectives
- The objective of this Office Complaints Procedure is:
- to document the procedure for dealing constructively with client complaints, within a reasonable period;
- to document a procedure for ascertaining the causes of client complaints;
- to maintain and improve existing relationships by establishing effective complaint handling;
- to train employees in responding to complaints in a client-centred manner;
- to improve service quality with the aid of complaint handling and complaint analysis.
Article 4. Internal complaints procedure
- If a client approaches the contractor or the office with a complaint, the complaint will be forwarded to Mr […meester], who thus acts as Complaints Officer. If and insofar as a complaint relates to the service provided by him, Mr [… meester] will act as the Complaints Officer.
- The Complaints Officer informs the person about whom the complaint has been made of the complaint and gives the complainant and the person about whom the complaint has been made the opportunity to clarify and explain the complaint.
- The person about whom the complaint has been made endeavours to agree a solution with the client, with the involvement of the Complaints Officer if necessary.
- The Complaints Officer deals with the complaint within four weeks of receipt of the complaint or, stating reasons, notifies the complainant that this deadline cannot be met and indicates the deadline by which an opinion can be given on the complaint.
- The Complaints Officer informs the complainant and the person about whom the complaint has been made in writing of the opinion on the justification for the complaint; if appropriate, this opinion will be accompanied by recommendations.
- If the complaint has been settled satisfactorily, the complainant, the Complaints Officer and the person about whom the complaint was made sign the opinion on the justification for the complaint.
Article 6. Confidentiality and free complaint handling
- The Complaints Officer and the person about who the complaint has been made keep the handling of the complaint confidential.
- The complainant does not have to pay the costs of handling the complaint.
Article 7. Responsibilities
- The Complaints Officer is responsible for settling the complaint promptly.
- The person about whom the complaint has been made keeps the Complaints Officer updated on any contact and a possible solution.
- The Complaints Officer keeps the complainant updated on the progress of the complaint.
- The Complaints Officer keeps the complaint file updated.
Article 8. Registering the complaint
- The Complaints Officer registers the complaint and the subject of the complaint.
- A complaint may be allocated to more than one subject.
- The Complaints Officer periodically reports on the resolution of complaints and makes recommendations to prevent new complaints, and to improve procedures.
- The reports and recommendations are discussed at the office at least once a year, and presented for approval.
- If applicable, the complaint is also notified to the appropriate liability insurer.