Terms & Conditions

These terms set out the basis on which Chaiadvo Legal ("the firm") undertakes work for clients. By instructing the firm or accepting a letter of engagement, you agree to these terms. Where a specific engagement letter sets out different terms on a particular matter, those terms apply to that matter.

1. Who we are

Chaiadvo Legal is a legal practice registered under the Legal Profession Act 1976 (Malaysia) and holding a valid practising certificate issued by the Bar Council Malaysia. The firm's principal office is at 16, Jalan SS 21/37, Damansara Utama, 47400 Petaling Jaya, Selangor. Correspondence may be directed to [email protected] or by telephone to +60 3-7728 6195.

2. Forming a client relationship

A client relationship is formed when the firm issues and the client countersigns a letter of engagement for a defined matter, or — in the case of the Standing Counsel Year arrangement — a standing counsel agreement. No obligation to act arises from an initial enquiry, a preliminary telephone call, or any written exchange that does not result in an executed engagement document.

The firm reserves the right to decline instructions at its discretion, including where a conflict of interest exists, where instructions cannot be accepted consistently with the firm's professional obligations, or where the firm considers that it is not best placed to assist the prospective client.

3. Scope of work

The scope of work for any matter is defined in the relevant engagement letter. Work falling outside that scope will be undertaken only where the firm and client agree in writing to extend or vary it. The firm will ordinarily invite discussion if it appears that material additional work is required before proceeding.

Unless the engagement letter expressly states otherwise, the firm's work is provided for the benefit of the named client only and is not intended to be relied upon by any third party.

4. Fees and billing

Fees are stated in the engagement letter or, where an indicative range is given, confirmed prior to commencement of substantive work. All fees are denominated in Malaysian Ringgit and are stated exclusive of any applicable taxes. Where goods and services tax or similar consumption tax applies, such amounts will be added to the fee as required by law.

Invoices are payable within fourteen days of the invoice date unless the engagement letter provides otherwise. Where payment is not received within that period, the firm may suspend work on the matter and, after reasonable notice, may withdraw from the engagement.

Disbursements — such as court filing fees, search fees, or external process service charges — are billed at cost and will be identified separately on invoices.

5. Counsel letters and written advice

A counsel letter prepared by the firm represents the firm's considered reading of the applicable legal framework as applied to the facts provided. It is prepared as written counsel for the named client and is not an opinion intended for third-party reliance unless the engagement letter expressly states otherwise.

The accuracy of a counsel letter depends on the completeness and accuracy of the factual instructions provided. Where instructions change materially after a letter has been delivered, the client should approach the firm to consider whether a supplementary note is warranted.

6. Documentary engagement

Where the firm is engaged on a documentary matter, its work extends to the documents and written exchanges identified in the engagement letter. The firm will provide written status updates at intervals agreed with the client. Timelines given at the outset are indicative and may be affected by factors outside the firm's control, including counterparty response times and the emergence of new issues during the course of engagement.

7. Standing counsel arrangement

The Standing Counsel Year provides a defined volume of consultation time per month, an open written channel for short questions, and a quarterly review meeting, all as described in the standing counsel agreement. Consultation time not used in a given month does not accumulate to subsequent months unless the standing counsel agreement expressly provides otherwise.

The standing counsel arrangement does not cover contentious matters, litigation, court appearances, or regulated third-party submissions unless separately agreed and the subject of an additional engagement letter.

8. Confidentiality

The firm holds client information in confidence in accordance with its professional obligations under the Legal Profession Act 1976 and the applicable Bar Council rules. Information will not be disclosed to third parties without client consent except where the firm is required to do so by law, court order, or applicable regulatory obligation, or where disclosure is necessary to prevent serious harm.

The client equally agrees to hold confidential any non-public information about the firm, its methods, or other matters disclosed to the client in the course of the engagement.

9. Conflicts of interest

Before accepting instructions, the firm conducts a conflict check. If a conflict or potential conflict is identified after an engagement has commenced, the firm will inform the client promptly and discuss how to proceed in a manner consistent with the firm's professional obligations.

10. Limitation of liability

The firm's liability to a client for any loss or damage arising from the engagement — whether in contract, tort, or otherwise — is limited to the extent permitted by applicable law and the Bar Council's professional indemnity requirements. Nothing in these terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded at law.

The firm maintains professional indemnity insurance as required by the Bar Council Malaysia. Details of the insurer and coverage level are available on request.

11. Intellectual property

Work product — including counsel letters, memoranda, and drafted documents — is delivered to the client for use in the matter for which it was prepared. The underlying know-how, forms, and analytical frameworks developed by the firm remain its property. The client may not publish, reproduce, or distribute work product for any purpose outside the engagement without the firm's prior written consent.

12. Termination

Either party may bring an engagement to a close on reasonable written notice. Where the client terminates mid-matter, fees are payable for work completed to the date of termination. The firm may terminate an engagement where professional obligations require withdrawal, including where instructions are inconsistent with the firm's ethical obligations or where the client has not met a legitimate request for payment.

On termination, the firm will provide the client with a reasonable opportunity to collect documents and materials that belong to the client, subject to any lien the firm holds over such materials for unpaid fees.

13. Governing law and disputes

These terms are governed by the laws of Malaysia. Any dispute arising from them will be subject to the exclusive jurisdiction of the courts of Malaysia. Where a dispute concerns the firm's fees, the client is also entitled to invoke the fee dispute mechanism provided under the Legal Profession Act 1976 and Bar Council guidelines.

14. Changes to these terms

The firm may revise these terms from time to time. The terms in effect at the commencement of an engagement apply to that engagement. Where the firm updates these terms materially, standing counsel clients will be notified in writing.

15. Contact and enquiries

Enquiries regarding these terms may be directed to the firm at the address, telephone, or email below.