Office complaints procedure

(related to Article 6.28 of the Regulation on the Legal Profession)

Article 1 definitions

In this office complaints procedure, the following definitions apply:

• complaint: any written expression of dissatisfaction by or on behalf of the client towards the lawyer or persons working under the lawyer’s responsibility regarding the formation and performance of an engagement agreement, the quality of the services provided, the amount of the invoice, or the performance or offering of extrajudicial collection activities, excluding a complaint as referred to in paragraph 4 of the Dutch Lawyers Act;
• complainant: the client, their representative, or a third party with a direct interest who submits a complaint;
• complaints officer: the lawyer responsible for handling the complaint;

Article 2 scope of application

1. This office complaints procedure applies to every engagement agreement between law firm Immigratia and the client.
2. Complaints from a debtor regarding law firm Immigratia as the performer or provider of extrajudicial collection activities also fall within the scope of this complaints procedure, as referred to in Article 4, paragraph 2, under b, and Article 14, paragraph 3, of the Quality of Extrajudicial Collection Services Act.
3. The lawyer ensures that complaints are handled in accordance with this office complaints procedure.

Article 3 objectives

The objectives of this office complaints procedure are:

• a) to establish a procedure for handling client complaints in a constructive manner within a reasonable period of time;
• b) to establish a procedure for identifying the causes of complaints;
• c) to comply with a statutory obligation and to maintain and improve existing relationships through proper complaint handling;
• d) to train staff in client-focused responses to complaints;
• e) to improve the quality of service provision through complaint handling and complaint analysis.

Article 4 information at the commencement of services

1. This office complaints procedure has been made public. Prior to entering into the engagement agreement, or when performing or offering extrajudicial collection activities to a debtor, the lawyer informs the client that the firm applies an office complaints procedure and that it applies to the services provided.
2. Through the general terms and conditions, law firm Immigratia has specified which independent party or authority a complaint that has not been resolved after internal handling may be submitted to in order to obtain a binding decision, and this has been communicated in the engagement confirmation.
3. Complaints as referred to in Article 1 of this office complaints procedure that have not been resolved after handling shall be submitted to the District Court of Rotterdam.

Article 5 internal complaints procedure

1. If a complainant approaches the firm with a complaint, the complaint will be forwarded to A. Šimičević, who will act as complaints officer.
2. The complaints officer informs the person against whom the complaint has been made of the submission of the complaint and gives both the complainant and the person complained about the opportunity to provide an explanation of the complaint.
3. The person complained about will attempt to reach a solution together with the complainant, with or without the intervention of the complaints officer.
4. The complaints officer will handle the complaint within four weeks after receipt of the complaint or will inform the complainant, stating reasons, of a deviation from this period and indicating the period within which a decision on the complaint will be given.
5. The complaints officer informs the complainant and the person complained about in writing of the opinion regarding the merits of the complaint, whether or not accompanied by recommendations.
6. If the complaint has been handled to the satisfaction of all parties, the complainant, the complaints officer, and the person complained about sign the opinion regarding the merits of the complaint.

Article 6 confidentiality and free complaint handling

1. The complaints officer and the person complained about observe confidentiality during the handling of the complaint.
2. The complainant is not required to pay any fee 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 keeps the complaints officer informed of any contact and possible resolution.
3. The complaints officer keeps the complainant informed of the handling of the complaint.
4. The complaints officer maintains the complaint file.

Article 8 complaint registration

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