Complaints regulations of FT-advocaten of 19 augustus 2019
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Article 1: Definitions
In our complaints regulations, the following terms are defined as stated below:
- complaint: every written manifestation of dissatisfaction from or on behalf of the client against the lawyer or those working under his responsibility, about the formation and execution of a contract for services, the quality of the service provision or the extent of the invoice, not being a complaint within the meaning of subsection 4 of the Counsel Act;
- complainant: the client or his representative who submits a complaint;
- complaints officer: the lawyer instructed to deal with the complaint.
Article 2: scope
- These complaints regulations apply to every contract for services between FT-advocaten or the lawyer at FT-advocaten and the client.
- Every lawyer of FT-advocaten ensures complaints are processed in accordance with the complaints regulations.
Article 3: objects
The objects of these complaints regulations are:
- To document a procedure of processing complaints from clients constructively, within a reasonable period of time;
- To document a procedure to establish the cause of the client’s complaint;
- To preserve and improve existing relationships by means of correct complaints handling;
- To train employees to respond to complaints with the client in mind;
- To improve the quality of the service provision by means of complaints handling and client analyses.
Article 4: information upon start of service provision
- These complaints regulations have been published. Before entering into a contract for services, the lawyer makes the client aware of the fact that the firm uses complaints regulations and that they apply to the service provision.
- In the contract for services and the General Terms and Conditions, FT-advocaten stipulates which independent party or organisation a complaint can be submitted to when the former has been unable to resolve the issue, after which the latter can issue a binding opinion, all of which is announced upon the confirmation of instruction.
- Complaints within the meaning of article 1 of these complaints regulations which are not resolved after handling by FT-advocaten will be submitted to the district court of Gelderland.
Article 5: internal complaints procedure
If a client has contacted the firm with a complaint, the compliant is forwarded to mr. P.J.F.M. de Kerf, who will act as complaints officer. If the complaint is made against mr. P.J.F.M. de Kerf, mr. M. Hendriks will act as complaints officer.
- The complaints officer notifies the person against whom a complaint has been made of the complaint and gives the complainant and the person against whom a complaint has been made the opportunity to provide an explanation to the complaint.
- The person against whom the complaint has been made will try and reach a solution with the client, whether or not after intervention from the complaints officer.
- The complaints officer processes the complaint within four weeks of receiving it or, when this rule is deviated from, he notifies the complainant thereof, stating the reasons and giving a new term within which an opinion about the complaint will be given.
- The complaints officer notifies the complainant and the person against whom a complaint has been made in writing of the opinion about the validity of the complaint, along with recommendations or otherwise.
- If the complaint is dealt with satisfactorily, the complainant, the complaints officer and the person against whom a complaint has been made sign the opinion about the validity of the complaint.
Article 6: confidentiality and free complaints handling
- The complaints officer and the person against whom a complaint has been made observe confidentiality during the complaints handling process.
- The complainant does not owe anything for the costs of complaint handling.
Article 7: responsibilities
- The complaints officer is responsible for the prompt processing of the complaint.
- The person against whom a complaint has been made keeps the complaints officer updated about any contact and a possible solution.
- The complaints officer keeps the complainant updated about the processing of the complaint.
- The complaints officer keeps the complaints file updated.
Article 8: complaints registration
- The complaints officer logs the complaint and the corresponding subject.
- A complaint can be classed under several subjects.
- The complaints officer regularly reports about the complaints processing and makes recommendations in order to prevent new complaints as well as to improve procedures.
- The reports and recommendations are discussed at the firm and submitted for a decision at least once a year.