Compliants Procedure

(according to Model belonging to article 6.28 of the Regulation on the Legal Profession)

Article 1 definitions

In this office complaint procedure the following definitions apply:

  • complaint: any written expression of dissatisfaction by or on behalf of the client towards the lawyer or the persons working under his responsibility regarding the conclusion and execution of a contract of engagement, the quality of the services provided or the amount of the fee, not being a complaint as referred to in paragraph 4 of the Lawyers Act;
  • complainant: the client or his representative who makes a complaint known;
  • complaints officer: the lawyer in charge of handling the complaint.

Article 2 scope of application

  1. This office complaints procedure applies to every contract of engagement between Smallegange N.V. and the client.
  2. Each Smallegange N.V. lawyer will ensure complaints are handled in accordance with the office complaints procedure.

Article 3 objectives

The objectives of this office complaints procedure are:

  1. to lay down a procedure for dealing with client complaints in a constructive manner within a reasonable period of time;
  2. to lay down a procedure for determining the causes of client complaints;
  3. to maintain and improve existing relationships by means of proper complaints handling;
  4. to train staff in client-focused response to complaints;
  5. to improve the quality of services by means of complaints handling and analysis.

Article 4 Information at the start of service provision

  1. This office complaints procedure has been made public. Before entering into the engagement agreement, the lawyer will inform the client that the firm has an office complaints procedure and that it applies to the services provided.
  2. Smallegange N.V. has included in the engagement agreement the independent party or body to which a complaint that is not resolved after treatment can be submitted to obtain a binding decision and has made this known in the engagement confirmation.
  3. Complaints as referred to in article 1 of these office complaint regulations that are not resolved after treatment will be submitted to the court.

Article 5 Internal complaint procedure

If a client approaches the office with a complaint, the complaint will be forwarded to Mr P.J. Hoepel, who thus acts as complaints officer.

  1. The complaints officer notifies the person complained about of the filing of the complaint and gives the complainant and the person complained about the opportunity to explain the complaint.
  2. The person complained about will try to reach a solution together with the client, with or without the intervention of the complaints officer.
  3. The complaints officer will settle the complaint within four weeks of receiving the complaint or will notify the complainant of any deviation from this deadline, giving reasons, and stating the deadline within which a decision on the complaint will be made.
  4. The complaints officer shall notify the complainant and the person complained against in writing of the opinion on the merits of the complaint, whether or not accompanied by recommendations.
  5. If the complaint has been satisfactorily settled, the complainant, the complaints officer and the person complained about will sign the judgment on the merits of the complaint.

Article 6 confidentiality and free complaint handling

  1. The complaints officer and the person complained about shall observe confidentiality in handling the complaint.
  2. The complainant shall not be charged 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 complained about will keep the complaints officer informed about any contact and possible resolution.
  3. The complaints officer shall keep the complainant informed about the resolution of the complaint.
  4. The complaints officer keeps the complaint file.

Article 8 Registration of complaints

  1. The complaints officer registers the complaint, including the subject of the complaint.
  2. A complaint may be divided into several topics.
  3. The complaints officer reports periodically on the handling of complaints and makes recommendations to prevent new complaints, as well as to improve procedures.
  4. At least once a year, the reports and recommendations are discussed at the office and submitted for decision-making.

 

If you have a complaint, please contact us at:

Robert Hoepel
Smallegange Lawyers

hoepel@smallegange.nl

Or in writing to the following address:

Smallegange Lawyers
Attn. Robert Hoepel
Postbus 664
3000 AR Rotterdam