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Office Complaints Procedure of AMS Advocaten B.V. (“AMS”)

Article 1 – Definitions

In this office complaints procedure, the following terms have the following meanings:

  1. complaint: any written expression of dissatisfaction by or on behalf of the client towards the lawyer or the persons working under the lawyer’s responsibility concerning the formation and performance of a contract for services, the quality of the services provided, the amount of the invoice, or the performance or offering of extrajudicial debt collection services, other than a complaint as referred to in Section 4 of the Dutch Counsel Act (Advocatenwet);
  2. complainant: the client, the client’s representative or a third party with a direct interest who submits a complaint;
  3. complaints officer: the lawyer charged with handling the complaint.

Article 2 – Scope

  1. This office complaints procedure applies to every contract for services between AMS and the client, including persons working under the responsibility of a lawyer.
  2. Complaints by a debtor about AMS as a provider or offeror of extrajudicial debt collection services also fall within the scope of this complaints procedure, as referred to in Article 4(2)(b) and Article 14(3) of the Dutch Quality of Debt Collection Services Act (Wet kwaliteit incassodienstverlening).
  3. Every lawyer at AMS shall ensure that complaints are handled in accordance with this office complaints procedure.

Article 3 – Objectives

The objectives of this office complaints procedure are:

  1. to establish a procedure for handling client complaints in a constructive manner and within a reasonable period;
  2. to establish a procedure for identifying the causes of client complaints;
  3. to comply with a statutory obligation, and to maintain and improve existing relationships through proper complaint handling;
  4. to train staff to respond to complaints in a client-focused manner;
  5. to improve the quality of the services provided through complaint handling and complaint analysis.

Article 4 – Information at the Start of the Engagement

  1. This office complaints procedure has been made publicly available. Before entering into the contract for services, or – in the case of a debtor – when performing or offering extrajudicial debt collection services, the lawyer shall inform the client or debtor that the firm operates an office complaints procedure and that it applies to the services provided.
  2. AMS has set out in its general terms and conditions the independent party or body to which a complaint that has not been resolved after handling may be submitted in order to obtain a binding decision, and has communicated this in the engagement letter.
  3. Complaints as referred to in Article 1 of this office complaints procedure that have not been resolved after handling shall be submitted to the District Court (in accordance with the relevant provisions in the general terms and conditions of AMS). Only complaints by a debtor about AMS as a provider or offeror of extrajudicial debt collection services as referred to in the Dutch Quality of Debt Collection Services Act shall be settled by the Disputes Committee for the Legal Profession (Consumers) (Geschillencommissie Advocatuur consumenten). The Rules of the Disputes Committee for the Legal Profession (Consumers) are available online at https://www.degeschillencommissie.nl/wp-content/uploads/adv-reglement.pdf and can be requested from the secretary of the committee at PO Box 90600, 2509 LP The Hague, the Netherlands.

Article 5 – Internal Complaints Procedure

  1. If a client approaches the firm with a complaint, the complaint shall be referred to Ms L.M. Noordzij, who shall thereby act as complaints officer. In the event of a conflict of interest, AMS may, where appropriate, nominate an alternative complaints officer.
  2. The complaints officer shall notify the person about whom the complaint has been made that a complaint has been submitted, and shall give both the complainant and the person about whom the complaint has been made the opportunity to comment on the complaint.
  3. The person about whom the complaint has been made shall endeavour to reach a solution together with the complainant, whether or not with the involvement of the complaints officer.
  4. The complaints officer shall handle the complaint within four weeks of receipt, or shall notify the complainant, stating the reasons, of any deviation from this period, specifying the period within which an opinion on the complaint will be given.
  5. The complaints officer shall notify the complainant and the person about whom the complaint has been made in writing of the opinion on the merits of the complaint, whether or not accompanied by recommendations.
  6. If the complaint has been handled satisfactorily, the complainant, the complaints officer and the person about whom the complaint has been made shall sign the opinion on the merits of the complaint.

Article 6 – Confidentiality and Free Complaint Handling

  1. The complaints officer and the person about whom the complaint has been made shall observe confidentiality when handling the complaint.
  2. The complainant shall not owe any fee for the costs of handling the complaint.

Article 7 – Responsibilities

  1. The complaints officer is responsible for the timely handling of the complaint.
  2. The person about whom the complaint has been made shall keep the complaints officer informed of any contact and any possible solution.
  3. The complaints officer shall keep the complainant informed of the handling of the complaint.
  4. The complaints officer shall maintain the complaint file.

Article 8 – Complaint Registration

  1. The complaints officer shall register the complaint together with the subject of the complaint.
  2. A complaint may be classified under more than one subject.

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