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Office complaints scheme

Article 1 definitions

In this office complaint scheme, the following definitions apply:
* k​laughs: any written expression of dissatisfaction by or on behalf of the client towards the lawyer or the persons working under his responsibility regarding the conclusion and execution of an agreement for services, the quality of the services provided or the amount of the fee, not being a complaint as referred to in section 4 of the Lawyers Act;
* k​lower: the client or his/her representative making a complaint;
* complaints officer: the lawyer in charge of handling the complaint, namely Mr I. Bakker;

Article 2 scope of application

  1. This office complaints procedure applies to every contract of engagement that Law Firm Penn has entered into with a client.
  2. This office complaints procedure has been made public through the website of Law Office Penn. When entering into the contract of engagement, the lawyer informs the client, by reference to the general terms and conditions, that the firm has an office complaints procedure and that it applies to the services provided.


Article 3 internal complaint procedure

  1. If a client approaches the firm with a complaint, the complaint will be directed to the complaints officer.
  2. The complaints officer will register the complaint along with the complaint subject.
  3. A complaint can be divided into several topics.
  4. The complaints officer shall notify the person complained about of the filing of the complaint and give the complainant and the person complained about an opportunity to explain the complaint.
  5. The person about whom a complaint has been made tries to reach a solution together with the client, whether or not after the intervention of the complaints officer.
  6. The complaints officer will settle the complaint within four weeks of receiving the complaint or notify the complainant of any deviation from this deadline, giving reasons, stating the period within which an opinion on the complaint will be given.
  7. The complaints officer shall notify the complainant and the person complained against in writing of the opinion on the merits of the complaint, whether or not accompanied by recommendations.
  8. If the complaint is dealt with satisfactorily, the complainant, the complaints officer and the person complained about sign the judgment on the merits of the complaint.


Article 6: Judgement; reasoning; recommendation;

  1. The complaints officer judges the complaint to be partly founded or unfounded or not, gives reasons for his/her judgment and may make recommendations for achieving a solution that is, as far as possible, acceptable to both complainant and defendant.
  2. The complaints officer will put his/her opinion, its reasons and any recommendations in writing, sign it and send it to the complainant and defendant


Article 4 dispute resolution

  1. If the complaint is not settled to the complainant's satisfaction, the complainant may submit the complaint to the dean of the Dutch Bar Association in the Maastricht district in accordance with section 46c of the Advocates Act
  2. The Complaints and Disputes Scheme for the Legal Profession does not apply to disputes arising from the legal relationship between Advocatenkantoor Penn and its clients. For this reason, the complaint cannot, in principle, be submitted to the Disputes Committee for the Legal Profession unless both parties agree to do so in writing.


Article 5 confidentiality and free complaint handling

  1. The complaints officer and the person complained about shall observe confidentiality in handling complaints.
  2. The complainant is not liable to pay any compensation for the costs of handling the complaint.


Article 6 responsibilities

  1. The complaints officer is responsible for the timely resolution of the complaint.
  2. The person complained about will keep the complaints officer informed about any contact and possible resolution.
  3. The complaints officer will keep the complainant informed about the handling of the complaint.
  4. The complaints officer maintains the complaint file.
  5. The complaints officer makes recommendations to the office to prevent new complaints and improve the office complaints procedure.