Complaints and Dispute Resolution Procedure – Osprey Advocaten

Article 1 – Definitions

In this complaints and dispute resolution procedure, the following definitions apply:

• Client: Any natural person or (private or public law) legal entity who, as a result of entering into an engagement agreement with the (legal) persons operating under the name Osprey Advocaten (hereinafter: Osprey Advocaten), makes or has made use of the services of Osprey Advocaten;
• Complaint, plural: Complaints: Any written expression of dissatisfaction by or on behalf of the Client directed against the lawyer or persons working under their responsibility, concerning the formation and performance of an engagement agreement with respect to legal services, the quality of such legal services, or the amount invoiced in connection therewith, not being a complaint as referred to in Section 4 of the Dutch Advocatenwet (Lawyers Act);
• Complainant: The Client or their representative who submits a Complaint;
• Complaints Officer: The lawyer responsible for handling the Complaint.

Article 2 – Scope

This complaints and dispute resolution procedure applies to every engagement agreement between Osprey Advocaten as contractor and a Client as principal, unless Osprey Advocaten and the Client expressly agree otherwise in the engagement agreement or in another written document.

Article 3 – Objectives

This complaints and dispute resolution procedure aims to:

1. establish a procedure for handling a Complaint in a constructive manner within a reasonable period of time;
2. establish a procedure for identifying the causes of a Complaint;
3. preserve and improve existing relationships by ensuring proper handling of a Complaint;
4. improve the quality of services by means of handling and analysing Complaints.

Article 4 – Information at the Commencement of Services

1. This complaints and dispute resolution procedure is publicly available. Prior to entering into the engagement agreement, Osprey Advocaten shall inform the Client that the firm applies such a procedure and that it applies to the services provided.
2. Osprey Advocaten has included in the engagement agreement and/or the general terms and conditions the independent party or body before which a Complaint, unresolved after internal handling, may be submitted in order to obtain a binding decision, and has informed the Client thereof in the engagement confirmation.
3. Complaints as referred to in Article 1 of this procedure, which are not resolved after the handling described in Article 5, may, for the purpose of obtaining a binding decision, only be submitted to the competent Dutch civil court.

Article 5 – Internal Complaints Procedure

1. Any Complaint addressed to Osprey Advocaten shall be referred to Mr. S. Bijl, who is responsible for implementing this internal complaints procedure, acts as Complaints Officer, and is a lawyer. If the Complaint concerns Mr. S. Bijl, the Complaint shall be referred to Mr. Beekhuizen and/or Mr. Billet, who will then act as Complaints Officer.
2. The Complaints Officer, or a person designated by the Complaints Officer, shall inform the person against whom the Complaint has been made of the Complaint.
3. The Complaints Officer, or a person designated by the Complaints Officer, shall give the Complainant and the person against whom the Complaint has been made the opportunity to provide (further) clarification of the Complaint.
4. The Complaints Officer, or a person designated by the Complaints Officer, shall attempt to reach a resolution with the Complainant, whether or not in consultation with the person against whom the Complaint has been made.
5. The Complaints Officer, or a person designated by the Complaints Officer, shall handle the Complaint within one month after receipt or shall notify the Complainant of any deviation from this period, stating reasons and specifying the time period within which an assessment of the Complaint will be given.
6. The Complaints Officer, or a person designated by the Complaints Officer, shall inform the Complainant and the person against whom the Complaint has been made in writing of the assessment regarding the validity of the Complaint, whether or not accompanied by recommendations.

Article 6 – Confidentiality and Cost-Free Complaint Handling

1. The Complaints Officer and the person against whom the Complaint has been made shall observe confidentiality during the complaint handling process.
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 Complaints Officer, or a person designated by the Complaints Officer, shall keep the Complainant informed about the progress of the handling of the Complaint.
3. The Complaints Officer, or a person designated by the Complaints Officer, shall maintain a record of all Complaints received, including their subject matter. A Complaint may be classified under multiple subjects.

Article 8 – Complaint Registration

1. The Complaints Officer shall register the Complaint, including the subject matter.
2. A Complaint may be classified under multiple subjects.
3. The Complaints Officer shall periodically report on the handling of Complaints and make recommendations to prevent new Complaints and to improve procedures.
4. At least once a year, such reports and recommendations shall be discussed within the firm and submitted for decision-making.