Complaints Procedure

Complaints Procedure

Schaap Advocaten Notarissen

Introduction

1. Schaap Advocaten Notarissen (“Schaap”) has established a complaints procedure for its legal practice (the “Procedure”), as set out below. This Procedure sets out the process for handling complaints from clients concerning the services provided by a lawyer at Schaap (the “Lawyer”).

2. If Schaap is unable to resolve a client’s complaint concerning the services provided by a Lawyer in a manner acceptable to the client through this Procedure, the client may, depending on the nature of the complaint, refer the matter to the civil courts.

Complaints Officer – Legal Practice
Mr W.L. Stolk
PO Box 23052
3001 KB Rotterdam

Deputy Complaints Officer
Mr J.A.J. Werner
PO Box 23052
3001 KB Rotterdam

3. Complaints from clients concerning the services provided by Schaap’s civil-law notaries and junior civil-law notaries are subject to the Complaints and Disputes Procedure for Civil-law Notaries. Further information is available on this page of the Royal Dutch Association of Civil-law Notaries’ website.

Complaints Procedure for the Legal Practice

Article 1 Definitions

For the purposes of this Procedure, the following terms shall have the meanings set out below:

Complaint: Any expression of dissatisfaction concerning the services provided by a Lawyer at Schaap, relating to the formation or performance of an engagement agreement, the quality of the services provided or the amount of the fees charged;

Complainant: The client or their representative who submits a Complaint to Schaap;

Complaints Procedure: The present procedure for handling complaints;

Complaints Officer: The Lawyer at Schaap responsible for handling the Complaint;

Schaap: Schaap Advocaten Notarissen, established in Rotterdam, with its office at Parklaan 17 (3016 BA, PO Box 23052, 3001 KB).

Article 2 Purpose

The purpose of this Procedure includes establishing standard procedures for handling client complaints within a reasonable period and in a constructive manner for all parties involved.

Article 3 Submission of a Complaint

The Complainant must submit their written complaint (the “Complaint”) to Schaap’s Complaints Officer. The Complainant will not be charged any fees for the handling of the Complaint.

The Complaint must include the name and address of the Complainant and/or their representative, the date and a description of the act or omission to which the Complaint relates, and must be signed.

Schaap may decide not to consider a Complaint if it does not meet the requirements set out above. In such cases, Schaap will give the Complainant the opportunity to supplement the Complaint to meet these requirements within two weeks of the date on which Schaap’s notification is sent to the Complainant.

If the required information is not provided within this period, Schaap will not consider the Complaint. The Complainant will be notified of this decision in writing.

Article 4 Acknowledgement of Receipt

Schaap will acknowledge receipt of the Complaint no later than ten working days after receiving a Complaint that meets the applicable requirements, including any required supplementary information.

The acknowledgement will include, at a minimum, the name of the Complaints Officer handling the Complaint and an explanation of the complaints procedure.

Article 5 Handling of the Complaint

The Complaints Officer will inform the Lawyer concerned (the “Lawyer”) of the Complaint. The Complaints Officer will give the Lawyer the opportunity to respond in writing to the substance of the Complaint within a period specified by the Complaints Officer.

The Complaints Officer is entitled to obtain any information they consider necessary for the proper handling and assessment of the Complaint.

If the Complaints Officer considers it appropriate, or if the Complainant and/or the Lawyer requests it, the Complaints Officer will invite both parties to a hearing.

The Complaints Officer will determine the location, date and time of the hearing and notify both parties in writing. A written record of the hearing will be prepared by the Complaints Officer. A copy will be provided to either party upon request.

Article 6 Time Limits

In principle, the Complaints Officer will resolve the Complaint within four weeks of receiving it.

The Complaints Officer may extend this period, generally by a further four weeks, if circumstances prevent the Complaint from being resolved within the initial four-week period.

The Complaints Officer will inform the Complainant and the Lawyer in writing of the reasons for the extension and specify the period within which a decision will be issued.

Article 7 Resolution of the Dispute

Where possible, the Complaints Officer will propose a solution and, where necessary, provide an assessment. The Complaints Officer will inform the Complainant and the Lawyer in writing of their assessment of whether the Complaint is justified.

If the Complainant does not agree with the proposed solution and/or the Complaints Officer’s assessment, the Complainant may refer the matter to the civil courts.

Article 8 Complaints Concerning the Quality of Services in Debt Collection Matters

If you are a private individual residing in the Netherlands and have a complaint about a lawyer who has sent you a debt collection notice or payment reminder on behalf of one of your creditors (other than Schaap itself), you may also refer your complaint to the Disputes Committee for the Legal Profession (Consumers) (Geschillencommissie Advocatuur (Consumenten)).

However, you may only submit a complaint concerning the quality of the services provided by the debt collection lawyer. This may relate, for example, to the composition and specification of the claim or the manner in which the lawyer has treated you.

It is not possible to claim compensation for damages through the Disputes Committee for the Legal Profession.