Article 1 definitions
In this office complaints procedure, the following terms have the following meanings:
– complaint: any written expression of dissatisfaction by or on behalf of the client vis-à-vis the lawyer or the persons working under his responsibility with regard to the conclusion and performance of a contract for the provision of services, the quality of the services or the amount of the fee note, not being a complaint as referred to in paragraph 4 of the Act on Advocates;
– complainant: the client or his representative who makes a complaint; and
– complaints officer: the lawyer charged with handling the complaint.
Article 2 Scope of application
1. This office complaints procedure shall apply to all contracts for the provision of services between Orange Clover and the client.
2. Each lawyer of Orange Clover shall ensure that complaints are handled in accordance with the office complaints procedure.
Article 3 Objectives
The purpose of this office complaints procedure is
a. to establish a procedure for the constructive resolution of client complaints within a reasonable period of time;
b. to establish a procedure to determine the causes of client complaints;
c. to maintain and improve existing relations through proper complaint handling;
d. to train personnel to respond to complaints in a client-focused manner;
e. to improve the quality of the services provided by means of complaint handling and complaint analysis.
Article 4 Information upon commencement of provision of services
1. This office complaints procedure has been made public. Prior to entering into the contract for the provision of services, the lawyer shall inform the client that the firm has a complaints procedure and that this procedure applies to the services provided.
2. In the contract for the provision of services, by means of the general terms and conditions, Orange Clover has identified the independent party or authority to which a complaint may be submitted which has not been resolved after handling, in order to obtain a binding decision, and has given notice of this in the order confirmation.
3. Complaints as referred to in Article 1 of this office complaints procedure, which have not been resolved after handling, shall in the first instance be submitted to the competent court in Amsterdam.
Article 5 Internal complaints procedure
1. If a client approaches the firm with a complaint, the complaint will be forwarded to Alex Gonzalez, unless the complaint relates to him personally, in which case the complaint will be forwarded to Kees Hooft, who will act as complaints officer.
2. The complaints officer shall inform the person to whom the complaint relates of the lodging of the complaint and shall give the complainant and the person to whom the complaint relates the opportunity to comment on the complaint.
3. The person to whom the complaint relates shall try to reach a solution together with the client, whether or not after intervention by the complaints officer.
4. The complaints officer shall settle the complaint within four weeks of the receipt of the complaint or shall notify the complainant, giving reasons, of any deviation from this deadline and state the period within which a decision on the complaint will be made.
5. The complaints officer shall inform the complainant and the person to whom the complaint relates in writing of the decision 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 to whom the complaint relates shall sign the decision on the merits of the complaint.
Article 6 Confidentiality and free complaint handling
1. The complaints officer and the person to whom the complaint relates shall maintain confidentiality during the handling of complaints.
2. The complainant shall not be liable to pay any fees for the handling of the complaint.
Article 7 Responsibilities
1. The complaints officer is responsible for the timely handling of the complaint.
2. The person to whom the complaint relates keeps the complaints officer informed about any contact and a possible solution.
3. The complaints officer keeps the complainant informed about the handling of the complaint.
4. The complaints officer keeps the complaint file.
Article 8 Registration of complaints
1. The complaints officer registers the complaint and the subject of the complaint.
2. A complaint may be divided into several matters.
3.The complaints officer shall report periodically on the handling of complaints and make recommendations for the prevention of new complaints as well as for the improvement of procedures.
4. At least once a year, if any complaints have been filed, the reports and recommendations shall be discussed within the firm and submitted for decision.