Complaints procedure
1. Definitions
In this complaints procedure, the following terms have the following meaning:
- Kennedy Van der Laan Kennedy Van der Laan N.V., having its registered office at Molenwerf 16, 1014 BG in Amsterdam;
- Complaint: any written expression of dissatisfaction by or on behalf of the client towards the attorney or the persons working under the attorney’s responsibility about the formation and performance of an agreement for services, the quality of the services, or the amount of the invoice;
- Complainant: the client or the client's representative who lodges a complaint;
- Complaints Officer: the attorney at Kennedy Van der Laan who is charged 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 (Geschillencommissie Advocatuur): the committee to which consumers can submit disputes concerning the formation or performance of agreements with Kennedy Van der Laan if the decision on the complaint is not satisfactory, and to which Kennedy Van der Laan can submit debt collection disputes. More information on the Disputes Resolution Committee for the Legal Profession is available (in Dutch) on www.degeschillencommissie.nl/over-ons/commissies/advocatuur/;
- Disputes Resolution Committee for the Legal Profession Business (Geschillencommissie Advocatuur Zakelijk): the committee to which business clients (non-consumers) can submit disputes concerning the formation or performance of agreements with Kennedy Van der Laan if the decision on the complaint is not satisfactory, and to which Kennedy Van der Laan can submit debt collection disputes. More information on the Disputes Resolution Committee for the Legal Profession Business is available (in Dutch) on www.degeschillencommissie.nl/over-ons/commissies/advocatuur-zakelijk/;
- 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. - Regulations of the Disputes Resolution Committee for the Legal Profession Business
The regulations that set out the method of operation of the Disputes Resolution Committee for the Legal Profession Business
2. Scope of application
- This complaints procedure applies to each agreement for services between Kennedy Van der Laan and a client.
- Each attorney of Kennedy Van der Laan will ensure that complaints are handled in accordance with this complaints procedure
3. Objectives
The objectives of this complaints procedure are:
- To establish a procedure for constructively dealing with Complaints of clients within a reasonable period of time.
- To establish a procedure for determining the causes of Complaints of clients.
- To maintain and improve existing relationships through a good handling of complaints.
- To train employees in giving a client-oriented response to Complaints.
- To improve the quality of the services through complaint handling and complaint analysis.
4. Information at the start of the provision of services
- This complaints procedure is publicly available. Before entering into the agreement for services, the attorney will point out to the client that Kennedy Van der Laan uses a complaints procedure and that this applies to the services.
- Kennedy Van der Laan refers to this complaints procedure in its general terms and conditions.
- Complaints as referred to in Article 1, which have not been resolved after internal handling, can:
- Be submitted by consumers to the Disputes Resolution Committee for the Legal Profession, with due observance of the Regulations of the Disputes Resolution Committee for the Legal Profession.
- Be submitted by business clients (non-consumers) to the Disputes Resolution Committee for the Legal Profession Business, with due observance of the Regulations of the Disputes Resolution Committee for the Legal Profession Business.
- Be submitted by consumers and business clients to the Court in Amsterdam.
The handling of a Complaint by the Disputes Resolution Committee for the Legal Profession and the Disputes Resolution Committee for the Legal Profession Business generally goes faster than the handling of a Complaint through the court, and also involves lower costs. To submit a Complaint to the Disputes Resolution Committee for the Legal Profession and the Disputes Resolution Committee for the Legal Profession Business, it is not necessary to retain an attorney.
5. Internal complaints procedure
- The Complainant must send the Complaint to Kennedy Van der Laan in writing, to the attention of the chairman of the Ethics Committee. This can be done in the following ways:
- By mail: P.O. Box 58188, 1040 HD Amsterdam
- By e-mail: clientcontact@kvdl.com
- The Complaint must at least contain the following information:
- The name and the address of the Complainant
- The date
- A description of the act or omission against which the Complaint is directed
- Kennedy Van der Laan will acknowledge receipt of the Complaint in writing within ten business days from its receipt.
- The acknowledgement of receipt must contain the following:
- The name of the Complaints Officer handling the complaint
- The course of the complaints procedure
- A reference to the option of being heard.
- The Complaints Officer will inform the person who has been complained about of the lodging of the Complaint and will give the Complainant and the person complained about the opportunity to provide an explanation.
- The person who has been complained about will try to find a solution together with the client, whether or not after the intervention of the Complaints Officer.
- The Complaints Officer will deal with the Complaint within four weeks after receipt of the Complaint, or will inform the Complainant, stating the reasons, why this term is deviated from, and will state the term within which an opinion on the Complaint will be given.
- The Complaints Officer will inform the Complainant and the person who has been complained about in writing of the opinion on the merits of the Complaint, whether or not with recommendations.
- If the Complaint has been handled to satisfaction, the Complainant, the Complaints Officer and the person who has been complained about will record this in writing.
6. Confidentiality and free handling of complaints
- The Complaints Officer and the person who has been complained about will observe confidentiality in the handling of the complaint.
- The Complainant will not owe any fee for the costs of handling of the Complaint.
7. Responsibilities
- The Complaints Officer is responsible for the timely handling of the Complaint.
- The person who has been complained about will keep the Complaints Officer posted of any contact and a possible solution.
- The Complaints Officer will keep the Complainant posted of the handling of the Complaint.
- The Complaints Officer will keep the Complaint file up to date.
8. Complaint registration
- The Complaints Officer will register the Complaint, specifying the subject of the Complaint.
- A Complaint can be classified under various subjects.
- The Complaints Officer will report periodically on the handling of the Complaints and will make recommendations for the prevention of new Complaints and for the improvement of procedures.
- At least once per year the reports and the recommendations will be discussed and presented for decision-making purposes within the firm.
Most recently amended: [24-03-2023]