PATRICK LIM & CO. ADVOCATES AND SOLICITORS

Terms and Conditions

This TOE governs the legal services provided by Patrick Lim & Co. (“PLCO”) to you. Any individualized terms agreed in writing will supplement this document and prevail in the event of a conflict. Your continued engagement of our services serves as your agreement to these terms.

  1. Formal Requirements & AMLA Compliance

1.1             Our engagement is subject to conflict clearance and compliance with applicable laws, including anti-money laundering regulations. You warrant that all funds paid to PLCO are not derived from unlawful activities as defined under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”). Specifically, you confirm the monies are not:

(a)     Derived directly or indirectly from unlawful activity;

(b)     Derived from the disposal of such property; or

(c)     Property that, by its nature or circumstances of acquisition, can reasonably be believed to fall within the scope of AMLA.

1.2             You confirm you are not involved in any activity constituting an offence under AMLA. You shall fully indemnify PLCO against any liability arising from your breach of AMLA or the Personal Data Protection Act 2010 (“PDPA”), or your failure to disclose relevant information.

1.3             You consent to PLCO conducting necessary background and credit checks with registered agencies to ensure regulatory compliance.

  1. Data Protection

We collect and process personal data to provide legal services and comply with statutory obligations. You explicitly consent to the collection, storage, and cross-border transfer of data relating to your business, affiliates, and officers, whether within or outside Malaysia. You have the right to access or correct your data by contacting our Data Protection Officer. For publicity purposes, PLCO may disclose its involvement in matters of public record unless otherwise agreed.

  1. Fees and Disbursements

3.1             Invoices are payable within thirty (30) days. Fees for conveyancing or statutory matters are governed by applicable Malaysian regulations. Significant departures from original instructions or major redrafting will incur additional charges – which will be quoted before work commences.

3.2             Fees are exclusive of taxes and disbursements (e.g., filing fees, courier, etc.). Standard rates for printing are MYR 1.00 (B&W) and MYR 1.50 (Colour) per page.

3.3             Travel: Partners travel Business Class; others travel Economy. Mileage for private vehicles is reimbursable at MYR 1.50 per km.

3.4             Deposits: We may require a deposit to be held on account for fees and disbursements.

3.5             Fee Revisions: We reserve the right to revise fees in the event of unforeseen developments (e.g., change direction, trial bifurcation, new evidence) or if matters exceed 12 months (litigation) or 3 months (contract/advisory). Revision will be communicated for acceptance before further work is carried out.

  1. Electronic Communications

While we take precautions, PLCO cannot guarantee the security of electronic transmissions. You accept the inherent risks of email (e.g., non-encryption) and agree that we are not liable for breaches of confidentiality resulting from such transmissions.

  1. Document Retention

Client documents may be destroyed six (6) years after the conclusion of a matter without further notice.

  1. Limitation of Liability & Qualifications

6.1             PLCO provides advice on Malaysian law only. We do not guarantee specific outcomes; any comments on potential results are expressions of opinion only. Advice is for your sole benefit and may not be disclosed to third parties without prior written consent. PLCO accepts no liability to third parties. You agree to bring any claims against the firm only, and not against individual partners, employees, or agents.

6.2             Exclusions: We exclude liability for indirect, consequential, or incidental loss, loss of profit, or loss of data.

6.3             Cap on Liability: Our total liability is limited to the fees payable for the specific portion of services giving rise to the claim.

  1. Litigation

8.1             In litigation matters, you maintain final authority over matters of fact (e.g., affidavits and witness statements), while PLCO has final authority over legal strategy, procedure, and court presentation (e.g., pleadings and submissions). While we welcome your input, the final decision on strategy rests with the firm. In furtherance of this, you authorize PLCO to take all actions necessary or incidental to the matter, including incurring reasonable expenses on your behalf. PLCO reserves the right to refuse to sign, file, or act upon any document we deem incorrect, unethical, or legally inappropriate.

8.3 Discovery: You have a continuing legal obligation to preserve and disclose all relevant documents (the “Discovery” process). This includes all materials in your possession or power (e.g., emails, databases, recordings) regardless of whether they are harmful to your case. Do not destroy, alter, or delete any documents related to the matter. Failure to comply may result in contempt of court or the dismissal of your claim.

8.4 Privilege: Certain communications with lawyers are protected from disclosure. To preserve this protection, do not share such documents with third parties without consulting us.

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