Office complaints procedure

Article 1 – Definitions

In this office complaints procedure, the following terms shall have the following meanings:

  • Complaint: any written expression of dissatisfaction by or on behalf of the client towards the attorney or persons working under the lawyer’s responsibility concerning the formation and execution of an engagement agreement, the quality of the services provided, or the amount of an invoice, excluding complaints as referred to in Section 4 of the Dutch Lawyers Act (in Dutch: Advocatenwet);
  • Complainant: the client or the client’s representative who submits a complaint;
  • Complaints Officer: the attorney responsible for handling the complaint;
  • Firm: Sparkel advocatuur & mediation (Van Arkel Praktijk B.V.).

Article 2 – Scope of application

  1. This office complaints procedure applies to every engagement agreement between Sparkel Advocatuur & Mediation (Van Arkel Praktijk B.V.) and the client.
  2. Every attorney at Sparkel Advocatuur & Mediation shall ensure that complaints are handled in accordance with this office complaints procedure.

Article 3 – Objectives

The objectives of this office complaints procedure are:

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

Article 4 – Information at the start of services

  1. This office complaints procedure has been made public. Before entering into an engagement agreement, the attorney informs the client that the firm applies an office complaints procedure and that this procedure applies to the services provided.
  2. The general terms and conditions specify the independent party or authority to which unresolved complaints may be submitted for a binding decision, and this has been communicated in the engagement letter.
  3. Complaints as referred to in Article 1 of this office complaints procedure that remain unresolved after treatment may be submitted to the competent court.

Article 5 – Internal complaints procedure

  1. If a complainant approaches the firm with a complaint, the firm shall appoint a complaints officer to handle the complaint. In any event, this shall be an attorney other than the attorney against whom the complaint is directed.
  2. The complaints officer shall inform the person against whom the complaint has been made of the complaint and shall give both the complainant and the person complained about the opportunity to explain the complaint.
  3. The person against whom the complaint has been made shall attempt to reach a solution together with the client, whether or not with the assistance of the complaints officer.
  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 and indicate the period within which an opinion on the complaint will be given.
  5. The complaints officer shall inform the complainant in writing of the opinion regarding the validity of the complaint, whether or not accompanied by recommendations.
  6. If the complaint has been resolved satisfactorily, the complainant, the complaints officer, and the person against whom the complaint has been made shall sign the opinion regarding the validity of the complaint.

Article 6 – Confidentiality and free complaint handling

  1. The complaints officer shall observe confidentiality during the handling of the complaint.
  2. The complainant shall not owe any compensation for the costs of handling the complaint.

Article 7 – Responsibilities

  1. The complaints officer is responsible for the timely handling of the complaint.
  2. The person against whom the complaint has been made shall keep the complaints officer informed of any contact and any possible solution.
  3. The complaints officer shall keep the complainant informed about the handling of the complaint.
  4. The complaints officer shall maintain the complaint file.

Article 8 – Complaint registration

  1. The complaints officer shall register the complaint, including the subject of the complaint.
  2. A complaint may be classified under multiple subjects.

Version July 2025