Kantoorklachtenregeling
1. General
HerikLegal N.V., hereinafter ‘HerikLegal’, is committed to providing high-quality services, solid, thorough and dedicated. If, for any reason, you are dissatisfied with the services performed by an attorney (advocaat) of HerikLegal, or with an invoice sent to you by HerikLegal, please notify us of your complaint. We will deal with your complaint and aim to resolve the Complaint within a reasonable period of time in accordance with the procedure set out below. This Complaints Procedure applies to each assignment accepted by HerikLegal.
2. Definitions
the attorney in question associated with HerikLegal or any person working under the supervision of the attorney in question;
3. Objective
The purpose of this Complaints Procedure is:
- to establish a procedure to deal constructively with client complaints within a reasonable period of time;
- to establish a procedure to determine the causes of client complaints;
- to maintain and improve existing relationships through proper complaint handling;
- to train staff in client-centered response to complaints;
- to improve the quality of service through complaint handling and complaint analysis.
4. Information at the start of service provision
This Complaints Procedure has been made public through HerikLegal’s website (www.heriklegal.nl). Before entering into any assignment agreement, the Attorney will inform the client that the firm has a complaints procedure that is applicable to the services to be provided.
5. Submitting a Complaint
5.1
The Complainant shall submit the Complaint no later than three months after the date at which the Complainant became aware or could reasonably have become aware of the actions or omissions of the Attorney giving rise to the Complaint. If a Complaint is submitted after the expiry of the aforementioned three-month period, the Complaints Officer may decide not to handle the Complaint. In that case, the Complaints Officer will inform the Complainant in writing as soon as possible after receipt of the Complaint as to whether or not the Complaint will be dealt with.
5.2
The Complainant shall submit the Complaint in writing to HerikLegal for the attention of the Complaints Officer. In doing so, the Complainant shall provide at least the following information:
- the name and address details of the Complainant;
- the name of the Attorney against whom the Complaint is directed;
- a description of the acts or omissions of the Attorney that gave rise to the Complaint;
- the file number to which the Complaint is related;
- a statement requesting that the Complaint be dealt with through the Complaints Procedure;
- the date of submission of the Complaint and the Complainant’s signature.
5.3
If the Complaint does not meet the requirements mentioned in Article 5.2, the Complaints Officer will inform the Complainant thereof after receipt of the Complaint. In that case, the Complainant will be given the opportunity to provide the missing information, failing which the Complaints Officer will not handle the Complaint. In the latter case, the Complaints Officer will inform the Complainant in writing that the Complaint will not be considered.
6. Acknowledgement of receipt of a Complaint
After receiving a complete Complaint, the Complaints Officer will send a confirmation of receipt to the Complainant. The Complainant will also receive the contact details of the Complaints Officer and information on the further course of the procedure in accordance with the Complaints Procedure.
7. Dealing with a Complaint
7.1
The Complaints Officer will inform the Attorney against whom the Complaint has been directed in writing as soon as possible and will give the Attorney the opportunity to respond to the Complaint in writing.
7.2
The Complaints Officer will obtain the information required for a proper handling and assessment of the Complaint. The Complaints Officer will give the Complainant and the Attorney the opportunity to provide (further) explanation and may request additional information.
7.3
If the Complaints Officer deems it necessary, or if one or both parties so desire, the parties will be invited to discuss the matter jointly at a place, date and time to be determined by the Complaints Officer.
7.4
Based on all information obtained, the Complaints Officer may make a proposal for resolution of the Complaint.
7.5
Complaints will be handled with the utmost care and confidentiality.
8. Term
Within one month of receipt of a complete Complaint, the Complaints Officer will inform the Complainant and the Attorney in writing of his substantiated assessment of the merits of the Complaint, whether or not accompanied by recommendations. If this period is not adhered to, for whatever reason, the Complaints Officer will inform the Complainant and the Attorney accordingly, explaining the reasons for the delay and stating the period within which an assessment will be given of the merits of the Complaint.
9. Registration
The Complaints Officer will ensure that all Complaints are registered internally.
10. Dispute resolution
If a Complaint is not resolved in accordance with this Complaints Procedure, the Complaint may be submitted to the competent court in Rotterdam.
11. Other
HerikLegal shall not charge the Complainant for any costs of handling the Complaint in accordance with this Complaints Procedure. Each party shall bear his/her own costs and expenses.
