Contractor: OBM Legal Consulting-Opal Morales Asencio, having its registered office at Beursplein 37, 3011 AA Rotterdam.
Client: the recipient, whether represented or not, of the services of the Contractor.
Complaints Resolution framework: the present framework in which the procedure has been laid down for handling Complaints of Clients of the Contractor as referred to in the Legal Profession Regulation [Verordening op de advocatuur];
Complaint: a dispute about (i) the formation and/or the performance of an engagement, (ii) the quality of the provision of services and/or (iii) the amount of the invoice sent to the Client;
Complaints Officer: Opal Morales Asencio lawyer in charge of handling the Complaints.
1. Filing a complaint.
1.1 Contractor must be informed in writing of any complaints concerning work performed or fees charged within thirty (30) days of the date of dispatch of the documents or information on which such complaints are based or, in case Client shall prove that it could not reasonably have discovered the shortcoming earlier, within thirty (30) days after discovery thereof, failing which Client shall forfeit any and all claims relating thereto. If a Complaint is filed after the expiry of the aforementioned thirty (30) days period, the Complaints Officer may decide not to take up the Complaint. In such event the Complaints Officer will inform the Client as soon as possible after receipt of the Complaint in writing as to whether or not the Complaint will be taken up.
1.2 A complaint shall not entitle Client to suspend its payment obligations, unless Contractor
has informed Client that it considers the complaint to be justified.
1.3 In the event of a justified complaint Contractor shall have the right, at its own discretion, either to adapt the fees charged, rectify the shortcoming free of charge, again perform the assignment concerned, or to cancel the performance of the assignment, in part or in full, a proportional refund of fees paid by Client.
1.4 The client submits the complaint in writing to the attention of the Complaints Officer, at the email address email@example.com. To this end the Client has to provide at least the following information:
(i) the name and address details of the Client;
(ii) the name of the Lawyer against whom the Complaint is directed;
(iii) a specification of the acts or omissions of the Lawyer, or the invoice, which gave rise to the Complaint;
(iv) the file number to which the Complaint is related;
(v) the statement that the Complaint should be handled by means of the Company Complaints Settlement Framework; and
(vi) the date the Complaint is filed and signature.
1.5 If the Complaint does not meet the requirements specified in paragraph 1.3, the Complaints Officer will inform the Client about this after receipt of the Complaint. In such event the Client will be given the opportunity to provide the missing information as yet, failing which the Complaints Officer will not take up the Complaint. In the latter case the Complaints Officer will inform the Client in writing about not taking up the Complaint.
2. Acknowledgement of receipt of a Complaint
After receipt of a complete Complaint the Complaints Officer sends an acknowledgement of receipt of it to the Client. The Client also receives the contact details of the Complaints Officer and information about the next steps of the procedure in accordance with the Complaints Resolution Framework.
3. Handling of a Complaint
3.1 The Complaints Officer obtains the information that is required for a proper handling and assessment of the Complaint. The Complaints Officer may ask for additional information.
3.2 If considered necessary by the Complaints Officer, or if one party so wishes or both parties so wish, the parties are called together to discuss the case at a place, day and time to be set by the Complaints Officer.
3.3 On the basis of all the information obtained, the Complaints Officer will submit a proposal for a solution of the Complaint to the Client.
3.4 The client must respond in writing to the proposed resolution of the complaint, otherwise he or she is deemed to agree with the complaint officer’s proposal for resolution of the complaint.
3.5 A complaint is handled with the utmost care and confidentiality.
4. Response time
The Complaints Officer will seek toresolve a complaint to the satisfaction of the client within one month of receiving a completed complaint. If resolution of the complaint within one month is not possible, the complainant(s) will be informed in writing of the reason for the delay, as well as the time frame within which a decision will be made on the merits of the complaint.
5. Competent court
5.1. If a Complaint has not been solved to the satisfaction of the Client, the Client may submit the Complaint to the competent court in Rotterdam.
The client does not have to pay a fee to OBM Legal Consulting for the costs of handling the claim in accordance with this Complaints Resolution Framework. Each party assumes its own costs.