FORM. - Complaints Procedure

01 Definitions

Complaint: any written expression of dissatisfaction by or on behalf of a client concerning FORM., a lawyer or a person working under the responsibility of FORM., relating to the formation or performance of an engagement agreement, the quality of the services, the amount of an invoice or, where applicable, the provision or offering of out-of-court debt collection services, other than a complaint within the meaning of Part 4 of the Dutch Advocates Act (Advocatenwet).
Complainant: the client, their representative or a third party with a direct interest who makes a complaint.
Complaints officer: the lawyer responsible for handling the complaint in accordance with Article 5.
General Terms and Conditions: the general terms and conditions applicable to the work carried out by FORM., as also published on FORM.’s website at formlegal.com.

This complaints procedure applies to every engagement agreement between FORM. and a client and to every person carrying out work under the responsibility of FORM.
Every lawyer at FORM. must ensure that complaints are handled in accordance with this procedure.
To the extent that FORM. provides or offers out-of-court debt collection services, this procedure also applies to complaints that must be covered by a complaints procedure under applicable legislation.

To handle complaints constructively and carefully within a reasonable period.
To identify the causes of complaints, preserve existing relationships where possible and improve the quality of services.
To comply with applicable professional obligations and for training, risk management and process improvement.

This procedure is publicly available and electronically accessible at formlegal.com. Before or when entering into the engagement agreement, the client is informed that FORM. operates this procedure and that it applies to the services.
The General Terms and Conditions and the engagement letter set out the agreed forum for any dispute that remains unresolved following the internal complaints procedure. Unless otherwise validly agreed, this is the competent Dutch court.

A complaint about Marloes Zaman is handled by Loes Mensink and vice versa.
A complaint about another person working under the responsibility of FORM. is handled by a lawyer who is not personally involved in the subject matter of the complaint.
If the complaint concerns both lawyers or neither can handle it independently, FORM. appoints an independent external lawyer as complaints officer for that complaint and informs the complainant of their name and contact details as soon as possible.
A lawyer must not act as complaints officer in relation to a complaint to the extent that it concerns their own conduct.

A complaint may be submitted in writing to team@formlegal.com or using the contact details in the engagement letter. Receipt is acknowledged as soon as possible, and the complaint is registered and referred to the appropriate complaints officer.
The complaints officer informs the person complained about of the complaint and gives both the complainant and the person complained about an opportunity to explain their position.
The complaints officer investigates the complaint carefully, monitors progress and, where appropriate, facilitates a resolution between the complainant and the person complained about.
Within one month of receipt, the complaints officer notifies the complainant and the person complained about in writing of their assessment of whether the complaint is justified, giving reasons and, where appropriate, recommendations.
If the assessment cannot be provided within one month, the complainant and the person complained about are notified in writing before that period expires, with reasons for the delay and an indication of the period within which the assessment will be provided.
If the complaint has been resolved satisfactorily, the outcome is confirmed in writing.

The complaints officer and other persons involved observe appropriate confidentiality. Information is shared only to the extent necessary for handling the complaint or complying with an applicable legal, professional or insurance-related obligation.
The complainant is not charged for handling the complaint. In principle, each party bears its own other costs.

If a complaint may involve a professional error, a claim for damages or another insured event, it is also handled in accordance with FORM.’s risk management and insurance policy. Any required notification to the professional indemnity insurer is made without delay.
The internal handling of a complaint does not constitute an admission of liability. No settlement or admission affecting insurance cover is made without the necessary consultation.

The complaints officer is responsible for handling the complaint in a timely manner, keeping the complainant informed and maintaining the complaint file.
FORM. registers every complaint, recording at least the subject matter, date of receipt, handling and outcome. Personal data are limited to what is necessary for the purpose.
FORM.’s lawyers review complaints and recommendations periodically, and at least once a year, and take improvement measures where necessary.
Complaint records are retained no longer than necessary, taking account of legal, professional, insurance and evidential considerations.

The internal complaints procedure does not prevent the client from bringing proceedings before the civil courts or the disciplinary tribunal and does not automatically suspend statutory expiry or limitation periods.
A dispute that remains unresolved following the internal complaints procedure is submitted to the forum agreed in the General Terms and Conditions or the engagement letter. Unless otherwise validly agreed, this is the competent Dutch court and, to the extent that a choice of a specific court is legally valid, the Amsterdam District Court.
The parties may instead agree separately and in writing to submit a dispute to the Geschillencommissie Advocatuur for a private client or the Geschillencommissie Advocatuur Zakelijk for a business client, but only if FORM. is affiliated with the appropriate committee at the time of submission and the applicable rules give that committee jurisdiction.
A reference to a disputes committee in correspondence or on the website does not in itself constitute an agreement to arbitrate, obtain binding advice or use another form of binding dispute resolution. The required written agreement and applicable procedural safeguards remain necessary.

Complaints may be submitted to team@formlegal.com. The current version of this procedure is available at formlegal.com.
FORM. may amend this procedure. Amendments apply to new engagements from the date on which they are declared applicable; an ongoing complaint remains subject to the version applicable to it, unless an amendment does not disadvantage the complainant and its application is reasonable.