Article 1 definitions
In this office complaint regulation 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 about the conclusion and execution of an agreement for services, the quality of the services 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;
- Milberg: Milberg Amsterdam B.V.
Article 2 scope of application
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This office complaint procedure applies to any contract of engagement between Milberg and the client.
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Every lawyer of Milberg will take care of complaint handling in accordance with this office complaint procedure.
Article 3 objectives
The objectives of this office complaint procedure are:
- To establish a procedure to deal constructively with client complaints within a reasonable period of time;
- Establishing a procedure to determine the causes of client complaints;
- Maintaining and improving existing relationships through proper complaint handling;
- Training employees in client-centered response to complaints; and
- Improving the quality of services through complaint handling and complaint analysis.
Article 4 information upon commencement of services
- This office complaint procedure has been made public. Before entering into the contract for services, the lawyer informs the client that the firm has an office complaints procedure and that it applies to the services provided.
- Milberg has included in the general terms and conditions 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 letter.
- Complaints as referred to in article 1 of these office complaint regulations that are not resolved after treatment shall be submitted to the competent court.
Article 5 internal complaint procedure
- If a client approaches the firm with a complaint, the complaint will be forwarded to Robbert-Jan Kamstra, who thereby acts as complaints officer.
- The Complaints Officer shall inform the person complained about of the filing of the complaint and shall give the complainant and the person complained about the opportunity to explain the complaint.
- The person complained about will try to reach a solution together with the client, with or without the intervention of the complaints officer.
- The Complaints Officer shall settle the complaint within four weeks of receiving the complaint or shall notify the complainant of any deviation from this deadline, giving reasons, stating the period within which an opinion on the complaint will be given.
- The complaints officer shall notify the complainant and the person complained about in writing of the judgment on the merits of the complaint, whether or not accompanied by recommendations.
- If the complaint is settled satisfactorily, 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
- The complaints officer and the person about whom a complaint has been made shall observe confidentiality in handling the complaint.
- The complainant shall not be liable for any compensation for the costs of handling the complaint.
Article 7 responsibilities
- The complaints officer is responsible for the timely handling of the complaint.
- The person complained about will keep the Complaints Officer informed about any contacts a possible solution.
- The complaints officer will keep the complainant informed about the resolution of the complaint.
- The complaints officer will keep the complaint file.
Article 8 registration of complaints
- The complaints officer will register the complaint, including the subject of the complaint.
- A complaint may be divided into several topics.
- The complaints officer reports periodically on the handling of complaints and makes recommendations to prevent new complaints, as well as to improve procedures.
- At least once a year, the reports and recommendations are discussed at the office and submitted for decision-making.