Article 1. Definitions
In these complaint regulations, the following definitions apply:
- complaint: each written expression of dissatisfaction of, or on behalf of the client towards the attorney or someone working under the responsibility of the attorney regarding the creation or exercise of an engagement, the quality of the service or the amount the invoice, not being a complaint under paragraph 4 of the Advocatenwet;
- complainant: the client or the representative who has given notice of a complaint; and
- complaints official: the attorney tasked with handling the complaint.
Article 2. Scope
- These complaint regulations apply to each engagement of Root Legal B.V. and the client.
- Each attorney of Root Legal B.V. handles a complaint according to the complaint regulations.
Article 3. Purposes
The complaint regulations have the following purposes:
- creating a procedure for handling within a reasonable amount of time and in a constructive manner the complaints of clients;
- creating a procedure for determining the causes of complaints of clients;
- the maintenance and improvement of existing relationships by a proper handling of complaints;
- training employees in customer-oriented reaction to complaints; and
- improvement of the quality of service by handling complaints and analysing complaints.
Article 3. Information at the start of the service
- These regulations have been made public. The attorney will inform the client before the conclusion of the engagement agreement that the firm has complaints regulations and that these apply to the service.
- Root Legal B.V. has in the general terms and conditions determined with which independent instance the complaint can be lodged for a binding decision if if has not been resolved via the complaints procedure.
- Complaints as defined in Article 1 of these regulations who after handling have not been solved will be put to the competent court.
Article 5. Internal complaints procedure
- If a client approaches the firm with a complaint, then the complaint will be forwarded to O.L. van Daalen, who will act as complaints official.
- The complaints official will inform the person to whom a complaint relates that a complaint has been lodged against him, and will allow the complainant and the person to who the complaint relates the opportunity to provide for an explanation relating to the complaint.
- The person to whom the complaint relates will attempt to come to a resolution together with the client, with or without the intervention of the complaints official.
- The complaints official handles the complaint within four weeks after receipt of the complaint or deviates from this term with an explanation to the complainant, including a notice of the term within which the complaint will be handled.
- The complaints official informs the complainant and the person to whom the complaint relates in writing whether the complaint is well-founded, with or without recommendations.
- If the complaint has been resolved in a satisfactory manner, the complainant, the complaints official and the person to whom the complaint relates will sign the decision relating to whether the complaint is well-founded.
Article 6. Confidentiality and free complaints handling
- The complaints official and the person to whom the complaint relates will observe confidentiality when handling the complaint.
- The complainant does not have to pay a remuneration for the costs of handling of the complaint.
Article 7. Responsibilities
- The complaints official is responsible for the timely handling of the complaint.
- The person to whom the complaint relates informs the complaints official about potential contact and a possible resolution.
- The complaints official informs the complainant about the handling of the complaint.
- The complaints official maintains the file of the complaint.
Article 8. Complaints registration
- The complaints official registers the complaint, together with the subject of the complaint.
- A complaint can be filed under multiple subjects.
- The complaints official periodically reports about the handling of complaints and provides recommendations to prevent new complaints, including by improving procedures.
- At least one time per year, the reports and recommendations will be discussed within the firm and put up for a decision.
If there is an inconsistency between the Dutch and English-language version of these regulations, the Dutch version takes precedence.