Complaints Procedure

  1. Definitions
    In this complaints procedure
    “complaint” means any dissatisfaction with an attorney or a person working under an attorney’s responsibility, expressed in writing by or on behalf of a client and concerning how a request for services has been dealt with, the quality of services, or the amount invoiced, other than a complaint as referred to in article 4 Attorneys Act (Advocatenwet).
  2. Scope
    1. This complaints procedure applies to all services provided to the client by one or more attorneys at Birkway.
    2. Every attorney at Birkway will respond to complaints in accordance with this complaints procedure.
  3. Purpose
    The purpose of this complaints procedure is to:
    (a) establish a procedure for constructively dealing with a client’s complaint within a reasonable period of time;
    (b) establish a procedure for determining the cause of a client’s complaint;
    (c) maintain and improve existing relationships by correctly dealing with complaints;
    (d) train employees to respond to complaints with the client’s needs in mind;
    (e) improve the quality of services.
  4. Information at the start of services
    1. This complaints procedure can be viewed on
      Before providing services to a client, the attorney informs the client that Birkway has a complaints procedure which applies to the services.
    2. Complaints that have been dealt with but not resolved are submitted to the District Court of Amsterdam, the Netherlands.
  5. Internal procedure
    1. Every complaint will be passed on to the complaints officer, currently I. Tzankova.
    2. The complaints officer informs the attorney who the complaint relates to of the complaint and gives the client and the attorney the opportunity to provide an explanation.
    3. The attorney tries to find a solution together with the client, before or after the complaints officer’s intervention.
    4. The complaints officer assesses the complaint within four weeks after he has received the complaint. If this deadline is not met, the complaints officer will inform the client of this and explain the reasons; he will also specify a new deadline for assessing the complaint.
    5. The complaints officer sends a letter to the client and the attorney setting out his view whether the complaint was justified, and he may make recommendations.
    6. If the complaint has been satisfactorily resolved, the client, the complaints officer and the attorney concerned sign the letter.
  6. Confidentiality and no handling fee
    1. The complaints officer and the attorney who the complaint relates to maintain confidentiality while dealing with the complaint.
    2. The client does not owe any fee for the handling of the complaint.
  7. Duties
    1. The complaints officer is responsible for the timely resolution of the complaint.
    2. The attorney who the complaint relates to keeps the complaints officer informed of his/her contacts with the client and of any possible solution.
    3. The complaints officer keeps the client informed of the handling of the complaint.
    4. The complaints officer keeps the complaint file up to date.
  8. Complaints record
    1. The complaints officer files the complaint, specifying the subject matter.
    2. A complaint can be divided into several subject matters