HERZ LAWYERS

COMPLAINTS PROCEDURE

 

1. DEFINITIONS

In this office complaints procedure, the following terms are defined as:

“Complaint”: any written expression of dissatisfaction by or on behalf of the client directed at the attorney or persons working under their responsibility, concerning the formation and execution of an engagement agreement, the quality of the services provided, or the amount of the invoice, excluding a complaint as referred to in paragraph 4 of the Attorneys Act (Advocatenwet);

“Complainant”: the client or their representative who submits a complaint;

“Complaints Officer”: the person responsible for handling the complaint.

2. SCOPE

2.1. This complaints procedure applies to every engagement agreement between Herz Lawyers and the client.

2.2. Every attorney at Herz Lawyers shall ensure that complaints are handled in accordance with this complaints procedure.

3. PURPOSE

This complaints procedure is intended to:

1. establish a procedure for handling Complaints constructively within a reasonable period of time;
2. establish a procedure for determining the causes of Complaints;
3. maintain and improve existing relationships through proper complaint handling;
4. train staff to respond to Complaints in a client-oriented manner; and
5. improve quality of services through Complaint handling and complaint analysis.

4. INFORMATION AT THE START OF SERVICES

4.1. This complaints procedure has been made public. Prior to entering into the engagement agreement, the attorney shall inform the client that the firm applies a complaints procedure and that it is applicable to the services provided.

4.2. Complaints which, after handling in accordance with Article 5 of this complaints procedure, have not been resolved may be submitted by the Complainant or by Herz Lawyers to the competent court.

5. INTERNAL PROCEDURE

5.1. If a client approaches the firm with a Complaint, the Complaint shall be forwarded to Ms. Oxana Brizmer, who will act as the Complaints Officer. Where appropriate, an external independent person may also be engaged.

5.2. The Complaints Officer shall give the person against whom the complaint has been made the opportunity to provide an explanation regarding the complaint.

5.3. The person against whom the Complaint has been made shall endeavour, together with the client, to reach a solution, whether or not with the involvement of the Complaints Officer.

5.4. The Complaints Officer shall handle the Complaint within four weeks after receipt of the Complaint, or shall inform the complainant, stating reasons, of any deviation from this period, including the period within which an opinion on the Complaint will be provided.

5.5. The Complaints officer shall inform the Complainant and the person against whom the Complaint has been made in writing of the opinion on the merits of the Complaint, whether or not accompanied by recommendations.

5.6. If the Complaint has been resolved to the satisfaction of all parties, the Complainant, the Complaints Officer, and the person against whom the Complaint has been made shall sign the opinion regarding the merits of the Complaint.

6. CONFIDENTIALITY AND NO HANDLING FEE  

6.1. The Complaints Officer and the person against whom the Complaint has been made shall observe confidentiality in the handling of the Complaint.

6.2. The Complainant shall not be liable for any costs related to the handling of the Complaint.

7. DUTIES 

7.1. The Complaints Officer is responsible for the timely handling of the Complaint.

7.2. The person against whom the Complaint has been made shall keep the Complaints Officer informed of any contact and any possible resolution.

7.3. The Complaints officer shall keep the Complainant informed about the handling of the Complaint.

7.4. The Complaints Officer shall maintain the сomplaint file.

8. COMPLAINTS RECORD

8.1.  The Complaints Officer shall register the Complaint, including the subject matter of the Complaint.

8.2. A Complaint may be classified under multiple subject matters.

8.3. The Complaints Officer shall periodically report on the handling of Complaints and make recommendations aimed at preventing new Complaints, as well as improving procedures.

8.4. At least once a year, the reports and recommendations shall be discussed within the firm and submitted for decision-making.