Company complaints procedure of Sarfaty Advocaten B.V.

Article 1 Definitions

Article 2 Scope of application

Article 3 Purposes

Article 4 Information upon commencement of services

Article 5 Internal complaints procedure

Article 6 Non-disclosure and free complaint handling

Article 7 Responsibilities

Article 8 Complaint registration

Company complaints procedure of Sarfaty Advocaten B.V.

Article 1 Definitions

In this company complaints procedure the following definitions apply:

  • complaint: any written expression of discontent by or on behalf of the client vis-à-vis the lawyer or the people working under the lawyer’s responsibility regarding the conclusion and execution of a professional services agreement, the quality of the services or the amount of the fee, not being a complaint within the meaning of § 4 of the Dutch Legal Services Act (“Advocatenwet”);
  • complainant: the client or its representative expressing a complaint;
  • complaints officer: the lawyer who is entrusted with the resolution of the complaint;

Article 2 Scope of application

  1. This company complaints procedure is applicable to all professional services agreements between Sarfaty Advocaten B.V. and the client.
  2. Each lawyer of Sarfaty Advocaten B.V. will see to complaint resolution in accordance with the company complaints procedure.

Article 3 Purposes

The purpose of this company complaints procedure is:

  1. to lay down a procedure for the settlement of client complaints in a constructive manner and within a reasonable period of time;
  2. to lay down a procedure for establishing the causes of client complaints;
  3. to maintain and improve existing relationships by means of proper complaint handling;
  4. to train staff in client-oriented response to complaints;
  5. to improve the quality of the services with the help of complaint handling and complaints analysis.

Article 4 Information upon commencement of services

  1. This company complaints procedure has been made public. Before entering into the professional services agreement, the lawyer reminds the client that the law firm applies a company complaints procedure which is applicable to the services.
  2. Sarfaty Advocaten B.V. has laid down, via the general terms of engagement, to which independent party or institution a complaint may be submitted which has not been resolved after being addressed, in order to obtain a binding decision, and has brought this to the client’s attention in its order confirmation.
  3. Complaints within the meaning of article 1 of this company complaints procedure which have not been resolved after being processed, will be submitted to the District Court of Amsterdam.

Article 5 Internal complaints procedure

  1. If a client approaches the law firm with a complaint, the complaint will be forwarded to Mr M.J. Sarfaty, who will act as complaints officer.
  2. The complaints officer will notify the person who is the subject of the complaint of the submission of the complaint and will 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 will make an effort, together with the client, to reach a solution, whether or not after intervention by the complaints officer.
  4. The complaints officer will settle the complaint within four weeks after receipt of the complaint or will inform the complainant with motivation regarding any deviation from this time limit stating the deadline by which an opinion will be issued regarding the complaint.
  5. The complaints officer will notify the complainant and the person who is the subject of the complaint in writing of the opinion regarding the validity of the complaint accompanied – or not – by recommendations.
  6. If the complaint has been settled satisfactorily, the complainant, the complaints officer and the person who is the subject of the complaint will sign the opinion regarding the validity of the complaint.

Article 6 Non-disclosure and free complaint handling

  1. When handling the complaint, the complaints officer and the person who is the subject of the complaint will observe confidentiality.
  2. The complainant does not owe any payment for the complaint-handling costs.

Article 7 Responsibilities

  1. The complaints officer is responsible for a punctual handling of the complaint.
  2. The person who is the subject of the complaint will keep the complaints officer informed regarding any contacts and a possible solution.
  3. The complaints officer will keep the complainant informed regarding the settlement of the complaint.
  4. The complaints officer will keep a complaint file.

Article 8 Complaint registration

  1. The complaints officer will register the complaint accompanied by the complaint subject.
  2. A complaint may be categorized under several subjects.