Complaints Procedure

complaint
any expression of dissatisfaction, made orally or in writing, that can reasonably be classified as such, regarding the services provided by the lawyer, made by or on behalf of the client.

complainant
the client or their representative who expresses a complaint.

complaints procedure
this document, being the written representation of the complaints procedure used at the firm.

complaints officer
the person, not being the lawyer against whom the complaint is directed, to whom the handling of the complaint has been transferred.

complaint registration form
an internal form used to implement the procedure set out in the complaints procedure.

Farber Zwaanswijk Advocaten is not affiliated with the Foundation for Consumer Complaints Boards (Geschillencommissie Advocatuur). As soon as affiliation takes place, Farber Zwaanswijk Advocaten will implement this change in the present office manual.

Note: the passages (below) regarding the Foundation for Consumer Complaints Boards / Legal Profession Dispute Resolution Scheme can only be included in the complaints procedure if the firm is affiliated with the Foundation for Consumer Complaints Boards.

Foundation for Consumer Complaints Boards (Geschillencommissie Advocatuur)
the committee established by the Foundation for Consumer Complaints Boards (SGC) and the Foundation for Professional and Business Complaints (SGB) to which the firm can submit disputed and unpaid invoices and where price/quality disputes can be brought if the solution offered by the firm does not lead to satisfaction.

Legal Profession Dispute Resolution Scheme
the procedure used by the Foundation for Consumer Complaints Boards for settling disputes between lawyers and clients.

Regulations of the Foundation for Consumer Complaints Boards
the regulations setting out the working method of the Foundation for Consumer Complaints Boards.

The objectives of the complaints procedure are:

1. Establishing a procedure to handle client complaints in a constructive manner within a reasonable period.
2. Establishing a procedure to determine the causes of client complaints.
3. Maintaining and improving existing relationships through effective complaint handling.
4. Training employees to respond to complaints in a client-oriented manner.
5. Improving the quality of service through complaint handling and complaint analysis.

The lawyer

1. This office complaints procedure has been made public. Before entering into the assignment agreement, the lawyer shall point out to the client that the firm uses an office complaints procedure and that this applies to the services provided.
2. Farber Zwaanswijk Advocaten has specified in its general terms and conditions which independent party or body a complaint that remains unresolved after handling can be submitted to for a binding decision, and has made this known in the confirmation of assignment.
3. Complaints as referred to in Article 1 of this office complaints procedure that remain unresolved after handling shall be submitted to the Dean of the Hague Bar Association.

1. If a client approaches the firm with a complaint, the complaint is forwarded to a lawyer who is not the subject of the complaint, who then acts as the complaints officer.
2. The complaints officer shall notify the person about whom the complaint has been made of the submission of the complaint and shall give the complainant and the person about whom the complaint has been made the opportunity to provide an explanation of the complaint.
3. The person about whom the complaint has been made shall attempt to reach a solution together with the client, whether or not after intervention by the complaints officer.
4. The complaints officer shall handle the complaint within four weeks of receipt of the complaint or shall notify the complainant, stating reasons, of any deviation from this period, specifying the period within which a decision on the complaint will be given.
5. The complaints officer shall inform the complainant and the person about whom the complaint has been made in writing of the decision on the merits of the complaint, whether or not accompanied by recommendations.
6. If the complaint has been handled to satisfaction, the complainant, the complaints officer, and the person about whom the complaint was made shall sign the decision on the merits of the complaint.

1. All complaints are registered according to the complaint registration form.
2. The complaints officer registers and classifies the complaint.
   The complaint is classified – by method of submission as:
   A. oral
   B. written
   – by nature of the complaint according to the categories below:
   I. complaints about the lawyer’s method of work/conduct
   II. complaints about legal-substantive aspects of the service
   III. complaints about financial aspects of the service
   IV. complaints about practice management in general
3. A complaint can be classified into multiple categories.
4. If the complaint has been handled to satisfaction, the lawyer involved and the complaints officer shall sign the Complaint Registration Form.

1. The lawyer involved and subsequently the complaints officer are responsible for the treatment and handling of complaints.
2. The complaints officer is responsible for the complete filling out of the complaint registration form.
3. The lawyer involved shall keep the complaints officer informed of the further handling of the complaint.
4. The complaint must be handled in writing by the firm within four weeks.
5. The complaints officer shall ensure a response is sent to the complainant.
6. The complaints officer maintains the complaint file.

1. The complaint registration forms are collected by the complaints officer after the complaint has been handled.
2. The complaints officer shall report periodically on the handling of complaints.
3. The complaints officer processes the data and prepares an annual analysis.
4. The complaints officer also makes recommendations to prevent new complaints and to improve procedures.

1. Once a year, the complaint data is discussed at the firm based on an analysis.
2. Measures for improvement are prepared and planned.
3. The complaints officer is responsible for preparing this meeting and making an analysis.

1. Based on the annual analysis by the complaints officer, the firm decides on the preventive measures to be taken to improve the quality of service.
2. The measures to be taken are presented together with the analysis in the office meeting.