Complaints Procedure Kennedy Van der Laan N.V.
Article 1. Definitions
Kennedy Van der Laan
Kennedy Van der Laan N.V., having its registered office at
Haarlemmerweg 333 in 1051 LH Amsterdam, the
Netherlands.
complaint
any expression of dissatisfaction with the provision of services
by the attorney or the (junior) civil-law notary employed with
Kennedy Van der Laan.
complainant
the client or the client's representative who files a
complaint with Kennedy Van der Laan.
complaints
procedure
this procedure for the handling of complaints.
complaints
officer
the attorney or civil-law notary who is charged by Kennedy Van
der Laan with the handling of the complaint and who has not been
involved in the provision of services to the
complainant.
Disputes Resolution Committee for the Legal
Profession
the committee established by the Dutch Foundation for Consumer
Complaints (Stichting Geschillencommissies voor
consumentenzaken (SGC)) and by the Dutch Foundation for
Disputes Resolution of Professional and Commercial Issues
(Stichting Geschillencommissies voor Beroep en Bedrijf (SGB)), to
which committees Kennedy Van der Laan may submit disputed and
unpaid invoices and may bring disputes regarding price and quality
if the decision on the complaint is not
satisfactory.
Regulations of the Disputes Resolution
Committee for the Legal Profession
the regulations that set out the method of operation of the
Disputes Resolution Committee for the Legal
Profession.
Article 2. Filing of a Complaint
2.1 The complainant must send the complaint to Kennedy Van der
Laan in writing and signed to the attention of the chairman of the
ethics committee.
2.2 The complaint shall at least contain the following:
a. the name and the address of the complainant;
b. the date;
c. a description of the act or omission against which the complaint
is directed;
d. signature.
2.3 Kennedy Van der Laan may decide not to handle a written
complaint if the complaint does not meet the requirements of
Article 2.2. In the event that the complaint does not meet the
requirements of Article 2.2, the complainant shall be given the
opportunity to supplement the complaint within two weeks after
dispatch of the notification thereof, failing which Kennedy Van der
Laan cannot handle the complaint.
Article 3.
Confirmation of Receipt
3.1 Kennedy Van der Laan shall confirm receipt of the complaint
in writing within eight business days after receipt thereof.
3.2 The confirmation of receipt shall contain the following:
a. the name of the complaint officer;
b. the course of the complaint procedure;
c. a reference to the possibility to be heard.
Article
4. Handling of the Complaint
4.1 The complaint officer shall inform the attorney or (junior)
civil-law notary involved in the complaint and shall give him
the opportunity to respond in writing within a term to be set.
4.2 The complaint officer shall have the right to obtain all
information he deems necessary in order to arrive at an impartial
handling and assessment of the complaint.
4.3 If the complaint officer deems this necessary or if one or
more of the parties express a wish to this effect, both
parties shall be called in order to be heard orally. The complaint
officer shall set the place, day and hour and shall inform the
parties thereof.
4.4 A report shall be made of the hearing, a copy of which shall
be sent to the parties at their request.
Article 5.
Periods
5.1 The complaints officer shall deal with the complaint within
four weeks after receipt thereof. Should a reason arise that
prevents the resolution of the complaint within this period,
the complaints officer shall have the right to extend this period,
in principle for a period of four weeks. If a longer period is
required, such extension and the reason shall be
communicated.
5.2 The parties shall be informed in writing of the decision to
extend the term.
Article 6. Resolution of the Complaint
6.1 The complaints officer shall present a resolution on the
basis of the complaint.
6.2. In the event that the complainant cannot agree to the
proposed resolution, the complainant may submit the complaint
regarding an attorney to the Disputes Resolution Committee for the
Legal Profession, with due observance of the Regulations of the
Disputes Resolution Committee for the Legal Profession.