Complaints procedure as in article 6.28 of the Legal Profession Bye-law (‘Verordening op de advocatuur’ - NOvA)
Office Complaints Procedure Intertaxtrade
Following Article 6.28 of The Legal Profession Bye-Law ("Verordening op de advocatuur")
Article 1 Definitions
For this complaints' procedure (hereafter the "Procedure"), the following definitions apply:
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Firm: the firm Intertaxtrade, registered with the Dutch Bar Association ("Nederlandse Orde van Advocaten");
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Client: a party that has concluded a contract for services ("overeenkomst van opdracht") with the Firm;
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Complaint: any written expression of dissatisfaction by or on behalf of the Client about the lawyer or persons working under the responsibility of the Firm regarding the conclusion or the execution of a contract for services, the quality of the service or the amount of the invoice, not being a complaint as referred to in paragraph 4 of the Advocates Act ("Advocatenwet");
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Complainant: the Client or their representative who makes a Complaint known;
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Complaints Officer: the lawyer in charge of handling the Complaint.
Article 2 Scope of application
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The Procedure applies to any contract for services between the Firm and the Client.
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The Firm shall ensure that Complaints are handled following the Procedure.
Article 3 Objectives
The purpose of this Procedure is to:
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establish a procedure for dealing constructively with a Client's Complaint within a reasonable period;
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establish a procedure to determine the causes of the Client's Complaint;
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maintain and improve existing relationships through proper complaint handling;
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train employees in responding to complaints in a client-oriented manner;
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improve the quality of the service through complaint handling and analysis.
Article 4 Information at the start of the service
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This Procedure is publicly available on the Firm's website. The lawyer shall inform the Client before entering into a contract for services that the Firm has an office complaints procedure that applies to the Firm's services.
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The Firm has included through the general conditions to which independent party or body a complaint that has not been resolved can be submitted for a binding decision. Intertaxtrade informed the client of this in the assignment confirmation.
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Complaints that have been dealt with but not resolved can be submitted to the competent court.
Article 5 Internal Complaints Procedure
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If a Client approaches the Firm with a Complaint, the Complaint will be forwarded to the Complaints Officer, Mr. J. Ramos Brandão. The Complaint can be submitted by e-mail to the person to whom the Complaint relates.
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The Complaint must include at least the following information:
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The name and address of the Complainant;
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The date of submitting the Complaint;
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The name of the person to whom the Complaint relates;
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A detailed description of the conduct and/or acts to which the Complaint relates.
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The Complaints Officer shall inform the person to whom the Complaint relates about the Complaint and give the Complainant and the relevant person the opportunity to explain the Complaint.
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The person to whom the Complaint relates shall try to find a solution together with the Client, whether or not after intervention of the Complaints Officer.
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The Complaints Officer shall deal with the Complaint within four weeks of receipt of the Complaint. If this deadline is not met, the Complaints Officer shall inform the Complainant and the person to whom the Complaint relates about this, stating the reasons for the delay and the new period within which a decision on the Complaint shall be given.
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The Complaints Officer shall inform the Complainant and the person to whom the Complaint relates in writing of the decision on the merits of the Complaint, whether or not accompanied by recommendations.
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If the Complaint has been satisfactorily dealt with, the Complainant, the Complaints Officer and person to whom the Complaint relates shall sign the decision on the Complaint's merits.
Article 6 Confidentiality and handling of Complaints
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The Complaints Officer and the person to whom the Complaint relates shall maintain confidentiality in handling the Complaint.
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The Complainant shall not be charged any fee for handling the Complaint.
Article 7 Responsibilities
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The Complaints Officer is responsible for the timely handling of the Complaint.
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The person to whom the Complaint relates shall inform the Complaints Officer about any contact with the Complainant and a possible solution.
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The Complaints Officer shall keep the Complainant updated on handling the Complaint.
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The Complaints Officer shall keep the Complaint file up to date.
Article 8 Registration of Complaints
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The Complaints Officer registers the Complaint and the subject matter of the Complaint. A Complaint may be divided into several subjects.
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The Firm shall review the received Complaints periodically, discuss the findings internally, and make recommendations to prevent new Complaints and to improve the Procedure.