COMPLAINTS PROCEDURE

1. For the purposes of our offices’ complaints procedure, the following definitions apply:

– Complaint: any written expression of dissatisfaction from or on behalf of a client regarding the attorney of persons working under their responsibility, relating to the performance of the assignment, the quality of the services provided, or the amount invoiced, that does not qualify as a complaint as referred to in Section 4 of the Dutch Act on Advocates (Advocatenwet);

– Complainant: the client or their representative who submits a complaint; and

– Complaints officer: the person appointed by INC.LEGAL B.V. (INC.) to handle the complaint.

2. This complaints procedure applies to every engagement of INC. Each attorney at INC. is responsible for ensuring that complaints are handled in accordance with this procedure. 

3. The purposes of this complaints procedure are: 
4. to establish a procedure for handling client complaints constructively and within a reasonable timeframe; 
5. to establish a procedure for identifying the causes of client complaints;
6. to maintain and improve existing client relationships through effective complaints handling; 
7. to train staff in client-oriented responses to complaints; 
8. to improve the quality of legal services through complaint handling and analysis.

4. Before entering into any engagement, the attorney shall inform the client that the firm uses an internal complaints procedure, and that it applies to the services provided. Complaints as defined in Article 1 that remain unresolved after handling under this procedure shall be submitted to the competent civil court.

5. The complainant must submit the complaint within one month after becoming aware, or reasonably should have become aware, of the conduct or omission by the attorney giving rise to the complaint. If the complaint is submitted after this period, the complaints officer may decide not to handle the complaint. In such a case, the complainant will be informed in writing as soon as possible. The complaint must be submitted in writing to the complaints officer and must include: 
6. the name and address of the complainant; 
7. the name of the attorney concerned; 
8. a description of the conduct or omission, or the invoice amount, to which the complaint relates; 
9. the file number of the matter to which the complaint relates; 
10. a statement that the complaint is to be handled under the office complaints procedure; 
11. the date of submission; and 
12. the signature of the complainant.

If the complaint is not submitted in writing, or if any of this information is missing, the complaints officer will inform the complainant accordingly and provide the opportunity to complete the submission. Without the required information, the complaint will not be processed. The complainant will be notified in writing in that case. Upon receipt of a complete complaint, the complaints officer will assess whether the complainant is admissible. If not, the complainant will be informed as soon as possible. The complaints officer will confirm receipt of a complete complaint and provide contact details and information about the procedure. A complaint may be submitted only once based on the same facts and/or circumstances.

6. If a client contacts the firm with a complaint, it will be referred to Ms. M. van Eldik, who acts as the complaints officer. In matters concerning Ms. Van Eldik, Ms. M.M. Verwilligen will act as the complaints officer. The procedure is as follows:

– The complaints officer informs the person concerned about the complaint and gives both parties the opportunity to provide (further) explanation. Additional information may be requested. If necessary or upon request of either party, a joint meeting may be arranged at a time and place determined by the complaints officer.

– The person against whom the complaint is made will attempt to reach a resolution with the complainant, with or without the intervention of the complaints officer. The complaints officer may ask both parties to propose a solution. Based on the available information, the complaints officer will propose a resolution to both parties. Both parties must respond in writing; failure to do so will be deemed acceptance of the proposal.

– The complaints officer aims to handle the complaint within four weeks of receipt. If this is not possible, the complainant will be informed in writing, including reasons and a revised timeframe. The complaints officer will inform both parties in writing of the outcome and whether the complaint is deemed justified, with or without recommendations.

– If the complaint is resolved satisfactorily, the complainant, the complaints officer, and the person concerned shall sign the written outcome.

7. The complaints officer and the person concerned will observe confidentiality during the handling of the complaint. 

8. The complainant will not be charged for the handling of the complaint. 

9. The complaints officer is responsible for a timely resolution of the complaint. The person concerned must keep the complaints officer informed of any developments and a possible resolution. The complaints officer will inform the complainant accordingly and shall monitor the complaint file.

10. The complaints officer will register the complaint and the topic(s) involved. A complaint may be assigned to multiple topics. The complaints officer will report periodically on the handling of complaints and make recommendations to prevent future complaints and improve internal procedures. These reports and recommendations are discussed and adopted at least once a year within the firm.

You may submit your complaint by email (vaneldik@thisisinc.com) to the attention of the complaints officer.