Complaints procedure Defares Advocaten B.V.
1. This office complaints scheme applies to every assignment agreement between Defares Advocaten B.V. ('Defares') and the client.
2. The objective of the office complaints scheme is to maintain and improve existing relationships by handling complaints within a reasonable period and in a constructive manner.
3. A complaint is any written expression of dissatisfaction from or on behalf of the client (the ‘Complainant’) with regard to the attorney or the individuals working under the attorney’s responsibility in connection with the establishment and performance of an assignment agreement, the quality of the services provided or the amount of the invoice, which is not a complaint as referred to in paragraph 4 of the Dutch Act on Advocates.
4. If an attorney (or an individual working under the attorney’s responsibility) receives a complaint, the relevant attorney will consult with the Complainant in order to arrive at a solution that is acceptable for the client. If this solution has not been reached within two weeks, the relevant individual will refer the Complainant to the complaints officer.
5. The complaints officer handling the complaint cannot be the attorney responsible for the file in connection with which the complaint was made.
6. The complaints officer notifies the individual regarding whom the complaint was submitted of the complaint and gives the Complainant and this individual an opportunity to explain the complaint.
7. The complaints officer and the individual regarding whom the complaint was submitted will observe confidentiality in dealing with the complaint.
8. The objective is to render an opinion, with reasons, on the admissibility of the complaint within four weeks after it is received, possibly with recommendations. If this term is not met, the complaints officer will inform the Complainant about this, indicating a term within which an opinion will be rendered regarding the complaint.
9. The complaints officer is responsible for dealing with the complaint in good time, including (i) registering the complaint, (ii) keeping the Complainant informed as to how the complaint is being dealt with, and (iii) informing the Complainant and the individual regarding whom the complaint was made in writing about the admissibility of the complaint, possibly with recommendations.
10. If the complaint is concluded satisfactorily, the Complainant, the complaints officer and the individual regarding whom the complaint was made sign the opinion on the admissibility of the complaint.
No fees or costs will be charged to the Complainant does not owe any fee for the costs of dealing with the complaint.
11. If the Complainant is not satisfied with the solution, he may submit the complaint to the Complaints Board Advocacy (Geschillencommissie Advocatuur). The rules of procedure of the Complaints Board Advocacy can be found on http://www.degeschillencommissie.nl/english or will be made available by Defares on request. www.degeschillencommissie.nl/over-ons/de-commissies/2713/advocatuur or will be made available by Defares on request.
Version March 2020