1. Definitions
(a) Complaint: any written expression of dissatisfaction from or on behalf of the client towards LvT about the formation and performance of an instruction, the quality of the services provided or the amount of the invoice, not being a complaint within the meaning of paragraph 4 of the Dutch Counsel Act;
(b) Complainant: the client or its representative who complains.
(c) Complaints Officer: the lawyer who is charged with handling the Complaint.
2. Scope
This disputes settlement procedure applies to each instruction that Lodewijk van Thiel | Advocaat ("LvT”) receives from the client. LvT arranges that the Complaint is dealt with in accordance with the disputes settlement procedure.
3. Objectives
The objectives of this disputes settlement procedure are:
to lay down a procedure to handle Complaints from clients within a reasonable term in a constructive manner;
4. Information on commencement of services
This disputes settlement procedure procedure has been made public. Before accepting instructions, LvT will inform the Client that its general conditions apply to LvT’s services including this disputes settlement procedure.
5. Disputes Settlement procedure
(a) If a client informs LvT it has a Complaint, the Complaint will be forwarded to the Complaints Officer.
(b) The Complaints Officer will inform the complainee of the Complaint and give the Complainant and the complainee the opportunity to provide further details about the Complaint.
(c) The complainee will, jointly with the client, attempt to reach a solution, with or without intervention from the Complaints Officer.
(d) The Complaints Officer handles the Complaint within four weeks after receipt of the Complaint or will inform the complainant that this term is deviated from, stating the reasons therefor as well the term within which a decision will be rendered on the Complaint.
(e) The Complaints Officer informs the Complainant and the complainee in writing of his opinion on the soundness of the Complaint. This opinion can be with or without recommendations.
(f) If the Complaint has been handled satisfactorily, the Complainant, complainee and the Complaints Officer will sign the opinion on the soundness of the Complaint.
6. Confidentiality and Complaints handling free of charge
The Complaints Officer and the complainee will observe confidentiality when handling the Complaint. The complainant does not owe a fee in relation to the costs of handling the Complaint.
7. Responsibilities
The Complaints Officer is responsible for the timely handling of the Complaint. The complainee will keep the Complaints Officer informed of any contact and a possible solution. The Complaints Officer will keep the Complainant informed of the handling of the Complaint. The Complaints Officer keeps the complaints file up to date.
8. Registration of complaints
The Complaints Officer registers the Complaint together with the subject of the Complaint. A Complaint can be subdivided into various subjects. The Complaints Officer will on a regular basis report on the handling of Complaints and make recommendations to prevent new Complaints and to improve procedures. The reports and recommendations will be discussed by the firm at least once a year and be submitted for decision-making.