Complaints Procedure Certa Advocaten B.V.

Certa Advocaten B.V. attaches great importance to client satisfaction. Our office will make every effort to serve clients as well as possible. Nevertheless, it is possible that you are dissatisfied with the service. What you can do in that case is described below.

1. Definitions
The following definitions apply for the purposes of this complaints procedure:

  1. complaint: every written expression of dissatisfaction by or on behalf of the client to the lawyer or the persons employed under his or her responsibility concerning the realisation and execution of an order contract, the quality of service or the amount of the invoice, not being a compliant within the meaning of paragraph 4 of the Counsel Act;
  2. complainant: the client or its representative who gives notice of a complaint;
  3. complaints officer: the lawyer assigned to handle the complaint;

2. Scope

  1. This complaints procedure applies to every order agreement between Certa Advocaten B.V. and the client.
  2. Every lawyer of Certa Advocaten B.V. provides for handling of complaints in accordance with this complaints procedure.

3. Objectives
The objectives of this complaints procedure are:

  1. To record a procedure for handling complaints from clients within a reasonable term, in a constructive manner;
  2. To record a procedure for determining the causes of client complaints;
  3. Maintenance and improvement of existing relationships through good handling of complaints;
  4. Training employees in client-oriented responses to complaints;
  5. Improving the quality of service with the aid of handling and analysis of complaints.

4. Information on start of service provision

  1. This complaints procedure has been published. Before contracting an order agreement, the lawyer notifies the client that the office uses a complaints procedure and that this applies to the service provision.
  2. Via the General Terms and Conditions, Certa Advocaten B.V. has recorded which independent party or institution a complaint may be submitted to in order to obtain a binding ruling if the complaint has not been solved after handling and notifies this with the order confirmation.
  3. Complaints, as referred to in Article 1 of this complaints procedure, that are not solved after handling, or if Certa Advocaten B.V. has not responded in writing within four weeks of the submission of the complaint, are submitted to the Disputes Committee of the Bar [see also section 6].

5. Internal complaints procedure

  1. If a client contacts the office with a complaint, the complaint is referred to Ms. Ragnild Meulenberg, who then acts as the complaints officer.
  2. The complaints officer notifies the subject of the complaint that the complaint has been submitted and gives the complainant and the subject of the complaint an opportunity to provide an explanation of the complaint.
  3. The subject of the complaint attempts to reach a solution together with the client, with or without the mediation of the complaints officer.
  4. The complaints officer completes the handling of the complaint within four weeks of the receipt of the complaint or notifies the complainant of any extension of this term, stating the reasons and the term within which a decision will be issued on the complaint.
  5. The complaints officer informs the complainant and the subject of the complaint of the decision on whether the complaint is well-founded, in writing, with or without recommendations.
  6. If the complaint is settled satisfactorily, the complainant, the complaints officer and the party who is the subject of the complaint sign the decision on whether the complaint is well-founded.

6. The Disputes Committee of the Bar

  1. The client may submit the complaint to the Disputes Committee of the Bar up to 12 months following the date of the written response from our office.
  2. The Disputes Committee of the Bar hands down a decision in the form of an arbitration award for commercial clients or in the form of binding advice if the dispute is filed by a private client. The Disputes Committee of the Bar is authorised to rule on complaints concerning the law firm’s quality of service and the amount of the invoice. It is also possible that a client believes that he/she is entitled to compensation for damage. The Disputes Committee of the Bar is also authorised to rule on claims for damages up to a maximum amount of €10,000. Clients can only submit claims for higher compensation for damage to the Disputes Committee of the Bar if the amount of the claim is explicitly limited to a maximum of €10,000, with a written waiver of any additional amount.
  3. Certa Advocaten B.V. itself may submit unpaid invoices to the Disputes Committee of the Bar for collection.
  4. The Disputes Committee of the Bar handles the complaint in accordance with the Disputes Committee of the Bar Regulations applying at the time when the complaint is submitted to the Disputes Committee. No appeal is possible against the decision of the Disputes Committee of the Bar.

7. Confidentiality and handling of complaints free of charge

  1. The complaints officer and the party who is the subject of the complaint protect confidentiality in the handling of the complaint.
  2. The complainant does not owe any fee for the costs of handling the complaint.

8. Responsibilities

  1. The complaints officer is responsible for the timely settlement of complaints.
  2. The party who is the subject of the complaint keeps the complaints officer informed of any contacts and a potential solution.
  3. The complaints officer keeps the complainant informed regarding the handling of the complaint.
  4. The complaints officer keeps the complaints file up to date.

9. Complaint registration

  1. The complaints officer registers the complaint together with the topic of the complaint.
  2. A complaint can be classed under more than one topic.
  3. The complaints officer issues regular reports on the handling of complaints and makes recommendations to avoid new complaints, as well as to improve the procedures.
  4. The reports and recommendations are discussed within Certa Advocaten B.V. at least once a year and are presented to the Executive Board for decision-making.
    en B.V. at least once a year and are presented to the Executive Board for decision-making.