Complaints procedure Oostenbroek Advocatuur 1 September 2022(as referred to in Article 6.28 of the Regulation on the Legal Profession [Verordening op de Advocatuur])
Article 1 definitions of terms
In this complaints handling scheme, the following terms have the following meanings:
- Client: Natural person, or legal person under public or private law, who in consequence of a contract for professional services makes use or has made use of the legal professional services of one of the attorneys-at-law of Vereenigde Octrooibureaux N.V.;
- Complaint: any written expression of dissatisfaction from or on behalf of the Client in respect of an attorney-at-law of Vereenigde Octrooibureaux N.V., or the persons working under his/her responsibility, about the formation, or the execution, of a contract for services as referred to above, about the quality of the legal professional services, or the amount of the invoice for the legal professional services, and not being a complaint as referred to in paragraph 4 of the Act on Advocates [Advocatenwet];
- Complainant: the Client or his/her/its representative who makes a Complaint known;
- Complaints Officer: the attorney-at-law who has been charged with the handling of the Complaint.
Article 2 scope
- This complaints procedure applies to every contract for services involving the legal professional services between Vereenigde Octrooibureaux N.V. and the Client, unless this has been deviated from in a contract for services or in any other way in writing.
- Every attorney-at-law connected with Vereenigde Octrooibureaux N.V. ensures that complaints are handled in accordance with the complaints procedure.
Article 3 objectives
The aim of this complaints handling scheme is:
- to lay down a procedure for handling a Complaint in a constructive manner within a reasonable term;
- to lay down a procedure for establishing the causes of the Complaint;
- to preserve and improve existing relationships by handling Complaints properly;
- to improve the quality of the services through complaint handling and complaint analysis.
Article 4 information at commencement of provision of services
- Prior to concluding the contract for services involving the legal professional services, the attorney-at-law points out to the Client that Vereenigde Octrooibureaux N.V. has a complaints procedure in place and that it applies to the professional legal services.
- Having regard to Article 7 of the General terms and conditions of Vereenigde Octrooibureaux N.V., a Complaint that has not been resolved after being handled in accordance with this internal complaints procedure as described in Article 5 below can be submitted to the competent civil court in the district of The Hague, or elsewhere if mandatory law so prescribes.
Article 5 internal complaints procedure
- If a Client contacts the office with a Complaint, the Complaint will be passed on to Mrs A.H. de Bosch Kemper-de Hilster, who thus acts as Complaints Officer. Should the Complaint involve Mrs A.H. de Bosch Kemper-de Hilster, Mr. E.J. van Knobelsdorff will address the matter. The Client may always request the director of Vereenigde Octrooibureaux N.V. to act as Complaint Officer.
- The Complaints Officer notifies the person complained about that a Complaint has been submitted and affords the Complainant and the person complained about an opportunity to further explain or comment on the Complaint.
- The person complained about tries to come to a solution with the Complainant, possibly with intervention of the Complaints Officer.
- The Complaints Officer deals with the Complaint within four weeks of receipt of the Complaint or notifies the Complainant that this term cannot be met, stating reasons and setting a new term by which an assessment of the Complaint will be furnished.
- The Complaints Officer informs the Complainant and the person complained about of the assessment on the merits of the Complaint in writing, possibly accompanied by recommendations.
Article 6 secrecy and handling of complaint free of charge
- The Complaints Officer and the person complained about observe confidentiality in the handling of the Complaint.
- The Complainant does not owe compensation of the costs of handling the Complaint.
Article 7 responsibilities and registration
- The Complaints Officer is responsible for handling the Complaint in a timely manner.
- The Complaints Officer keeps the Complainant informed regarding the handling of the Complaint.
- The Complaints Officer keeps a record of all Complaints, including the subject of the Complaint. A Complaint may be classified under more than one subject.
Article 8 complaint registration
At least once every year, the Complaints Officer reports to his/her office colleagues about the handling of the Complaints and makes recommendations to prevent new Complaints as well as to improve procedures. N.B.: this procedure does thus not apply to other services of Vereenigde Octrooibureaux N.V. conducted outside the practice of its attorneys-at-law.