Office complaints procedure
Article 1 definitions
In our office complaints procedure, the following terms are defined as stated below:
- client: the client of BANNING N.V. in relation to the assignment agreement;
- complaint: every written manifestation of dissatisfaction from or on behalf of the client against the lawyer or those working under his responsibility, about the formation and performance of a letter of engagement, the quality of the service provision or the extent of the invoice, not being a complaint as referred to in paragraph 4 of the Counsel Act [Dutch Lawyers Act / Advocatenwet];
- BANNING: BANNING N.V.;
- complainant: the client or its representative that submits the complaint;
- complaints officer: the director of BANNING commissioned with handling the complaint, namely Mr J.W. de Tombe or Mr M.W. Steenpoorte.
Article 2 scope of application
- This office complaints procedure applies to every letter of engagement between BANNING and the client.
- Every BANNING lawyer will handle complaints in accordance with this complaints procedure.
Article 3 objectives
This office complaints procedure serves:
- to document a procedure of processing complaints from clients constructively, within a reasonable period of time;
- to document a procedure to establish the cause of the client’s complaint;
- to preserve and improve existing relationships by means of correct complaints handling;
- to train employees to respond to complaints with the client in mind;
- to improve the quality of the service provision by means of complaints handling and complaints analyses.
Article 4 Information upon the start of the service provision
- This office complaints procedure has been published on our website. Before or when entering into a letter of engagement, the lawyer makes the client, through the general terms and conditions or through a confirmation of engagement letter, aware of the fact that BANNING uses an office complaints procedure and that this procedure applies to the service.
- Complaints as referred to in Article 1 of this office complaints procedure that are not resolved after being dealt with will be submitted to the competent court.
Article 5 internal complaints procedure
- If a client approaches BANNING with a complaint, the compliant will be forwarded to the complaints officer.
- The complaints officer notifies the person against whom a complaint has been made of the filing of the complaint and gives the complainant and the person against whom a complaint has been made the opportunity to provide an explanation to the complaint
- The person against whom a complaint has been submitted will try to reach a solution with the client, with or without the intervention of the complaints officer.
- The complaints officer processes the complaint within four weeks of receiving it or, when this rule is deviated from, notifies the complainant thereof, stating the reasons and giving a new term within which an opinion about the complaint will be given.
- The complaints officer notifies the complainant and the person against whom a complaint has been made in writing about its opinion regarding the validity of the complaint, along with recommendations if applicable.
Article 6 confidentiality and free complaint handling
- The complaints officer and the person against whom a complaint has been made shall observe confidentiality during the complaints handling process.
- The complainant shall not be charged for the costs of handling the complaint.
Article 7 responsibilities
- The complaints officer is responsible for the prompt processing of the complaint.
- The person against whom a complaint has been made will keep the complaints officer informed about any contact and a possible resolution.
- The complaint officer shall keep the complainant informed about the processing of the complaint.
- The complaints officer shall keep the complaints file up to date.
Article 8 complaint registration
- The complaints officer registers the complaint and the subject of the complaint.
- The complaints officer reports periodically within BANNING on the handling of complaints and, where possible, makes recommendations to prevent new complaints and to improve procedures.
- The reports and recommendations are discussed withing BANNING and submitted for a decision at least once a year.
March 26, 2020