(pursuant to Article 6.28 of the Regulations Governing the Legal Profession)
Article 1 Definitions
In this office complaint scheme, the following definitions apply:
Article 2 Scope of Application
This office complaints procedure applies to every contract of engagement that Law Firm Penn has entered into with a client.
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 complaints procedure
If a client approaches the firm with a complaint, the complaint will be directed to the complaints officer.
The complaints officer will register the complaint along with the complaint subject.
A complaint can be divided into several topics.
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.
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.
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.
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.
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 4: Assessment; reasons; recommendation
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.
The complaints officer shall set out his or her decision, the reasons for it and any recommendations in writing, sign the document and send it to the complainant and the respondent.
Article 5 Dispute Resolution
If the complaint has not been resolved to the complainant’s satisfaction, the complainant may refer the matter to the Dean of the Dutch Bar Association for the Limburg district, in accordance with Section 46c of the Lawyers Act.
The Legal Profession’s Complaints and Disputes Scheme does not apply to disputes arising from the legal relationship between Penn Law Firm and its clients. For this reason, the complaint cannot, in principle, be referred to the Legal Profession Disputes Committee, unless both parties subsequently agree to this in writing.
Article 6: Confidentiality and free complaint handling
The complaints officer and the person complained about shall observe confidentiality in handling complaints.
The complainant is not liable to pay any compensation for the costs of handling the complaint.
Article 7 Responsibilities
The complaints officer is responsible for the timely resolution of the complaint.
The person complained about will keep the complaints officer informed about any contact and possible resolution.
The complaints officer will keep the complainant informed about the handling of the complaint.
The complaints officer maintains the complaint file.
The complaints officer makes recommendations to the office to prevent new complaints and improve the office complaints procedure.
