Office complaints procedure of Ten Hove Advocatuur in Maastricht as referred to in Article 6.28 of the Regulation of the Dutch Bar Association

Article 1 Definitions

For the purposes of this office complaints procedure, the following definitions shall apply:

  • complaint: any written expression of dissatisfaction by or on behalf of the client towards the attorney at law or the persons working under his responsibility regarding the formation and execution of an assignment agreement, the quality of the services or the amount of the bill, not being a complaint as referred to in Section 4 of the Attorney at Law Act;
  • complainant: the client or his representative who makes a complaint known;
  • complaints officer: the attorney at law charged with handling the complaint;

Article 2 Scope of application

  1. This Office Complaints Procedure applies to any agreement for an assignment between Ten Hove Advocatuur and the client.
  2. Ten Hove Advocatuur takes care of handling complaints in accordance with the office complaints procedure.

Article 3 Objectives

The purpose of this office complaints procedure is to deal with complaints:

  • Establishing a procedure to deal constructively with client complaints within a reasonable period of time;
  • the establishment of a procedure to determine the causes of customer complaints;
  • maintaining and improving existing relationships by means of good complaints handling;
  • improving the quality of service by means of complaint handling and complaint analysis.

Article 4 Information at the start of service provision

  1. This office complaint scheme has been made public. Before entering into an assignment agreement, the attorney at law will point out to the client that the firm has an office complaints procedure and that this procedure applies to the provision of services.
  2. Ten Hove Advocatuur has included in its general terms and conditions to which independent party or body a complaint, which has not been resolved after treatment, can be submitted to obtain a binding decision and has made this known with the order confirmation.
  3. Complaints as referred to in article 1, which have not been resolved after treatment, shall be submitted to the court, a binding advisor or be settled by means of a settlement agreement pursuant to section 7:900 of the Dutch Civil Code.

Article 5 Internal complaint procedure

  1. If a client approaches the firm with a complaint, the complaint is forwarded to Mr. J.L. ten Hove, who thereby acts as complaints officer.
  2. The complaints officer informs the person about whom the complaint has been filed and gives the complainant and the person about whom the complaint has been filed the opportunity to give an explanation of the complaint.
  3. The person who has been complained about will try to reach a solution together with the client, whether or not after intervention of the complaints officer.
  4. The complaints officer will deal with the complaint within four weeks after receipt of the complaint or will notify the complainant of any deviation from this term, stating the term within which an opinion on the complaint will be given.
  5. The complaints officer shall inform the complainant and the person who is the subject of the complaint in writing of the opinion on the merits of the complaint, whether or not accompanied by recommendations.
  6. If the complaint has been dealt with satisfactorily, the complainant, the complaints officer and the person complained about shall sign the judgment on the merits of the complaint.

Article 6 Confidentiality and free handling of complaints

  1. The Complaints Officer and the person complained about shall observe confidentiality in the handling of complaints.
  2. The complainant shall not owe any compensation for the costs of handling the complaint.

Article 7 Responsibilities

  1. The Complaints Officer is responsible for the timely handling of the complaint.
  2. The person who is complained about keeps the complaints officer informed about possible contact and a possible solution.
  3. The Complaints Officer will keep the complainant informed about the handling of the complaint.
  4. The Complaints Officer will keep the complaint file up to date.

Article 8 Complaint registration

  1. The complaints officer registers the complaint together with the subject of the complaint.
  2. A complaint can be divided into several subjects.
  3. The complaints officer will report periodically, at least once a year, on the handling of the complaints and will make recommendations to prevent new complaints and to improve the services of Ten Hove Advocatuur.