1. COMPLAINT POLICY OF BTB B.V., DOING BUSINESS AS &BOUSIE
1.1. Introduction
&Bousie considers it important that its clients are satisfied. However, there may be instances where you are dissatisfied with a particular aspect of its services.
If you are dissatisfied with the quality of our services or with the invoice, Hans Bousie asks that you send your concerns to him. He will then ensure that they are forwarded to our complaints officer:
Ms. Ruby Nefkens, Esq., attorney at Ruby Nefkens Legal
Vijzelstraat 68
1017HL Amsterdam
Tel: +31643368063
ruby.nefkens@nefkenslegal.nl
Ruby Nefkens will work with you to find a solution to the problem as quickly as possible. She will confirm this solution to you in writing. You can expect her written response to your complaint within four (4) weeks at the latest.
The firm’s complaints procedure is further detailed below. In Article 2, you will find information about the Bar Dispute Resolution Committee, of which &Bousie is a member.
1.2. Definitions
In this firm’s complaints procedure, the following terms have the following meanings:
• complaint: any written expression of dissatisfaction by or on behalf of the client directed at the attorney or persons working under the attorney’s responsibility regarding the formation and performance of a retainer agreement, the quality of the services provided, or the amount of the bill, other than a complaint as referred to in Section 4 of the Attorneys Act;
• complainant: the client or the client’s representative who files a complaint;
• complaints officer: Ruby Nefkens.
1.3. Scope of Application
This firm’s complaints procedure applies to every engagement agreement between &Bousie and the client. &Bousie is responsible for handling complaints in accordance with this complaints procedure.
1.4. Objectives
The purpose of this firm’s complaints procedure is:
• to establish a procedure for handling client complaints constructively and within a reasonable timeframe;
• to establish a procedure for identifying the causes of client complaints;
• maintaining and improving existing relationships through effective complaint handling;
• improving the quality of service through complaint handling and analysis.
1.5. Information at the Start of Services
This firm’s complaints procedure has been made public. Prior to entering into the engagement agreement, &Bousie informs the client that the firm has a complaints procedure in place and that it applies to the services provided.
&Bousie has specified in the firm’s complaint procedure the independent party or body to which a complaint that remains unresolved after handling may be submitted to obtain a binding decision, and has communicated this in the engagement letter.
Complaints as referred to in Article 1.2 of this firm’s complaints procedure that remain unresolved after review are submitted to the Stichting Geschillencommissie Advocatuur (see also Article 2 below). If a client approaches the firm with a complaint, the complaint is forwarded to Ruby Nefkens, who acts as the complaints officer.
1.6. The Complaints Officer
Ruby Nefkens will work with the client to reach a resolution. Ruby Nefkens will resolve the complaint within 4 (four) weeks of receiving it or, if this deadline cannot be met, will notify the complainant of the reason for the delay and specify the new deadline by which a decision on the complaint will be made.
Once the complaint has been resolved to the complainant’s satisfaction, the complainant and Hans Bousie will sign the determination regarding the validity of the complaint.
1.7. Confidentiality and Free Complaint Handling
Ruby Nefkens maintains confidentiality throughout the complaint handling process. The complainant is not required to pay any fees for the handling of the complaint.
1.8. Responsibilities
Ruby Nefkens is responsible for the timely resolution of the complaint. Ruby Nefkens will keep the complainant informed about the progress of the complaint resolution. Ruby Nefkens will maintain the complaint file.
1.9. Complaint Registration
Ruby Nefkens registers the complaint, noting the subject of the complaint. A complaint may be categorized under multiple subjects.
2. Bar Association Dispute Resolution Committee
&Bousie is a member of the Bar Dispute Resolution Committee.
You may submit the complaint to the Bar Dispute Resolution Committee no later than twelve (12) months after the date of Ruby Nefkens’ written response.
The Bar Dispute Resolution Committee has the authority to rule on complaints regarding the quality of the attorney’s services and the amount of the bill. You may also believe that you are entitled to compensation. The Bar Dispute Resolution Committee is also authorized to rule on claims for damages up to a maximum of €10,000. You may only submit claims for damages exceeding this amount to the Bar Dispute Resolution Committee if you expressly limit the amount of the claim to a maximum of €10,000 and waive the excess in writing.
&Bousie may itself submit unpaid invoices to the Bar Dispute Resolution Committee for collection.
The Dispute Resolution Committee handles the case in accordance with the Rules of the Dispute Resolution Committee for the Legal Profession in effect at the time the complaint is filed with the Committee. There is no right of appeal against the Dispute Resolution Committee’s decision.
In the unlikely event that discussions with Ruby Nefkens do not, in your view, lead to a satisfactory outcome, you may file a complaint with the Bar Dispute Resolution Committee. You may do so only after you have first presented your objections to Ruby Nefkens. This option is also available to you if Ruby Nefkens has not responded in writing to your complaint within four (4) weeks of your submitting your objections.
You can contact the Bar Dispute Resolution Committee at:
Secretary of the Bar Dispute Resolution Committee
Bordewijklaan 46 (2nd floor)
2591 XR The Hague
Tel.: 070 – 310 53 10
P.O. Box 90600
2509 LP The Hague
www.degeschillencommissie.nl