Office Complaints Mechanism

Clause 1 definitions

In these regulations setting out the office complaints mechanism, the following definitions apply:

• complaint means any written expression of dissatisfaction by or on behalf of the client with
  the lawyer or persons working under the lawyer’s responsibility relating to the creation of and the work performed under an engagement letter, the quality of services, the amount of the invoice, or the provision or offer of extrajudicial debt collection services, other than a complaint referred to in section 4 of the Dutch Lawyers Act (Advocatenwet);
• complainant means the client, the client’s representative or a third party with a direct interest who makes a complaint known;
• complaints officer means the lawyer in charge of handling the complaint;

Clause 2 scope of application

1. This office complaints mechanism applies to any engagement letter concluded between De Pont Reijrink Advocaten and the client.
2. Complaints by a debtor about De Pont Reijrink Advocaten as a party performing or providing out-of-court debt collection work are also covered by the scope of this complaints mechanism, as referred to in section 4(2)(b) and section 13(5) of the Dutch Debt Collection Services Quality Act (Wet kwaliteit incassodienstverlening).
3. Every lawyer of De Pont Reijrink Advocaten will ensure that complaints are handled in accordance with the office complaints mechanism.

Clause 3 objectives

The purpose of this office complaints mechanism is to:
a. establish a procedure to handle client complaints within a reasonable timeframe and in a constructive manner;
b. establish a procedure to determine the causes of complainants’ complaints;
c. satisfy a legal obligation and maintain and enhance existing relationships through proper complaints handling;
d. train staff in providing client-centred responses to complaints;
e. improve the quality of services with the help of complaints handling and complaint analysis.

Clause 4 information at the start of the services

1. This office complaints mechanism has been published. The lawyer will point out to the client before agreeing on the engagement letter, or to the debtor in respect of lawyers when they perform or offer out-of-court debt collection work, that the firm has an office complaints mechanism and that it applies to the services.
2. In correspondence between a lawyer and a client or a lawyer and a debtor, De Pont Reijrink Advocaten states the name of the independent party or body to which any complaint that is not resolved after handling may be submitted in order to obtain a binding ruling and has made this known in the engagement letter.
3. Complaints as referred to in Clause 1 of these regulations setting out the office complaints mechanism that are not resolved after handling will be referred to the District Court.

Clause 5 internal complaints procedure

1. If a complainant contacts the firm with a complaint, the complaint will be referred to M. Reijrink, who will act as complaints officer.
2. The complaints officer will notify the subject of the complaint that a complaint has been filed and will give the complainant and the subject of the complaint the opportunity to provide an explanation regarding the complaint.
3. The subject of the complaint will try to reach a solution together with the complainant, with or without the complaints officer’s intervention.
4. The complaints officer will settle the complaint within four weeks of receipt of the complaint or notify the complainant of the fact that this deadline will not be met and why, specifying the period within which an opinion on the complaint will be given.
5. The complaints officer will inform the complainant and the subject of the complaint in writing of the opinion on the merits of the complaint, possibly accompanied by recommendations.
6. If the complaint is settled satisfactorily, the complainant, the complaints officer and the subject of the complaint will sign the opinion on the merits of the complaint.
7. If the complaint concerns M.C.J. Reijrink, then the complaint will be referred to P. van der Loo, who will act as complaints officer in that case.

Clause 6 confidentiality and free complaints handling

1. The complaints officer and the subject of the complaint will observe confidentiality regarding the complaints handling.
2. The complainant will not be liable to pay a fee for the cost of handling the complaint.

Clause 7 responsibilities

1. The complaints officer will be responsible for the timely handling of the complaint.
2. The subject of the complaint will keep the complaints officer informed of any contact and a possible solution.
3. The complaints officer will keep the complainant informed of the handling of the complaint.
4. The complaints officer will keep the complaints file up to date.

Clause 8 complaints recording

1. The complaints officer will record the complaint along with the nature of the complaint.
2. A complaint may be divided into several topics.
3. The complaints officer will report periodically on the handling of complaints and make recommendations for preventing new complaints, as well as for improving procedures.
4. At least once a year, the reports and recommendations will be discussed in the office and submitted for decision-making.