COMPLAINTS PROCEDURE MANUAL (“Manual’)
Article 1 Definitions
In this Manual the following Definitions apply:
- Complaint: every written expression of dissatisfaction by or on behalf of the client against the attorney or persons working for the attorney about the services rendered under the services agreement, the quality of the services, invoiced amounts, not being a complaint referred to in paragraph 4 of the Attorneys’ Code (in Dutch: Advocatenwet);
- Complainer: the client or his/her representative who issues a complaint;
- Complaints official: the attorney charged with the handling of the complaint.
Article 2 Applicability
1. This Manual applies to every service agreement between Starks Legal B.V. and a client.
2. Starks Legal B.V. handles complaints conform this Manual.
Article 3 Purpose
This Manual has the following purpose:
a. Establishing a procedure to handle clients’ complaints within a reasonable period and in a constructive fashion;
b. Establishing a procedure to assess the causes for complaints of clients;
c. Maintaining and improving existing client relationships by way of an effective resolution of complaints;
d. Training employees in a client focused approach to complaints;
e. Improving the quality of services by way of handling and analysis of complaints.
Article 4 Information at the start of the engagement
1. This manual is made public. Before concluding the service agreement, the attorney will notify the client that Starks Legal B.V. has a Manual and that this Manual applies to the attorney’s services.
2. Starks Legal B.V. has included in its service agreement with which independent third party a complaint, which is not resolved, can be filed in order to obtain a binding decision.
3. Complaints, as referred to in article 1, which are not resolved, will be filed with the competent court.
Article 5 Internal Complaints Procedure
1. When a client issues a complaint, the complaint will be brought to the attention of the responsible person who will act as the complaints official.
2. The complaints official will notify the person about whom the complaint is filed and will enable both this person and the complainer to provide their view with respect to the complaint.
3. The person to whom the complaint relates will try to reach an agreement with the client with or without the intervention of the complaints official.
4. The complaints official will handle the complaint within four weeks after the complaint has been received, or the complaints official will notify the client (with reasons) of his inability to respect the four week term and of the term within which he will be able to handle the complaint.
5. The complaints official will notify the complainer and the person to whom the complaint relates of the validity of the complaint, with or without recommendations for a resolution.
6. If the complaint has been handled to satisfaction, the complaints official, the complainer and the person to whom the complaint relates will all sign the decision concerning the validity of the complaint.
Article 6 Confidentiality and free handling of complaints
1. The complaints official and the person to whom the complaint relates will handle the complaints in confidence.
2. The complainer will not be charged for the handling of his/her complaint.
Article 7 responsibilities
1. The complaints official is responsible for a timely handling of the complaint.
2. The person to whom the complaint relates will keep the complaints official informed of any contact with the complainer and of any possible resolution.
3. The complaints official will keep the complainer informed of the handling of the complaint.
4. The complaints official will maintain a complaints file.
Article 8 Registration of complaints
1. The complaints official will register the complaint together with the complaint’s subject.
2. A complaint can be divided in multiple subjects.
3. The complaints official will report periodically about the handling of complaints and will take measures to prevent new complaints and to improve relevant procedures.