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Company complaints procedure of Sarfaty Advocaten B.V.

Article 1 Definitions

In this company complaints procedure, the following definitions shall apply:

  • Complaint: any written expression of dissatisfaction by or on behalf of the client vis-à-vis the lawyer – or the persons working under the lawyer’s responsibility – regarding the conclusion and execution of an professional services agreement, the quality of the services rendered, or the amount of the fee note, not being a complaint within the meaning of Section 4 of the Dutch Legal Profession Act (Advocatenwet);
  • Complainant: the client or the client’s representative expressing a complaint;
  • Complaints officer: the lawyer entrusted with resolving the complaint;

 

Article 2 Scope of application

  1. This company complaints procedure applies to any professional services agreement between Sarfaty Advocaten B.V. and the client.
  2. Each lawyer at Sarfaty Advocaten B.V. is responsible for resolving complaints in accordance with the company complaints procedure.

Article 3 Objectives

The purpose of this company complaints procedure is:

  1. to lay down a procedure for resolving client complaints within a reasonable period of time;
  2. to lay down a procedure for identifying the causes of client complaints;
  3. to maintain and improve existing business relationships through a proper complaint resolution;
  4. to train staff to respond to complaints in a client-oriented way;
  5. to improve the quality of the services rendered with the help of complaint handling and complaintanalysis.

Article 4 Information upon commencement of the services

  1. This company complaints procedure has been published. Before entering into a professional services agreement, the lawyer shall inform the client that the law firm has a company complaints procedure in place and that this procedure governs the services rendered.
  2. Sarfaty Advocaten B.V. has laid down in its General Terms and Conditions the independent party or body to whom a complaint that has not been resolved after treatment may be submitted in order to obtain a binding decision, and has brought this to the client’s attention upon the order confirmation.
  3. Any complaints within the meaning of Article 1 of this company complaints procedure which have not been resolved after being handled shall be submitted to the District Court in Amsterdam.

Article 5 Internal complaints procedure

  1. If a client approaches the law firm with a complaint, the complaint shall be forwarded to Mr M.J. Sarfaty, who shall act as complaints officer.
  2. The complaints officer shall inform the person who is the subject of the complaint that a complaint has been filed, and shall give the complainant and the person who is the subject of the complaint the opportunity to comment on the complaint.
  3. The person who is the subject of the complaint shall make an effort to reach a solution together with the client, whether or not after intervention of the complaints officer.
  4. The complaints officer shall resolve the complaint within four weeks of receipt of the complaint, or shall notify the complainant of a deviation from this period, accompanied by the motivation and specifying the deadline by which an opinion on the complaint shall be issued.
  5. The complaints officer shall inform the complainant and the person who is the subject of the complaint in writing of the opinion on the merits of the complaint, whether or not accompanied by recommendations.
  6. If the complaint has been resolved satisfactorily, the complainant, the complaints officer, and the person who is the subject of the complaint shall sign the opinion on the merits of the complaint.

Article 6 Non-disclosure and free resolution of complaints

  1. The complaints officer and the person who is the subject of the complaint shall observe confidentiality on the resolution of complaints.
  2. The complainant shall not owe any compensation for the costs of the complaint resolution.

Article 7 Responsibilities

  1. The complaints officer is responsible for resolving the complaint in time.
  2. The person who is the subject of the complaint shall keep the complaints officer informed on apossible contact and a possible solution.
  3. The complaints officer shall keep the complainant informed on the resolution of the complaint.
  4. The complaints officer shall keep the complaint file up to date.

Article 8 Complaint registration

  1. The complaints officer shall register the complaint as well as the complaint issue.
  2. A complaint may be subdivided into several complaint issues.