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Learn more about Malaysia Lawyer Services

Malaysia has been reasonably resilient to shocks in recent years, thanks to a distinct growth strategy based on three pillars: political and social stability, economic interventionism, and international expansion. The country is ideally placed at the center of the Asia Pacific Rim, surrounded by numerous other ASEAN members. Malaysia has emerged as a popular location for company expansion. Themis Partner has the knowledge, experience, and track record in cross-border services to help businesses navigate this rising economic powerhouse. Our corporate, regulatory, and transactional lawyers have extensive experience assisting Malaysian and international clients on direct investments, wholly foreign-owned companies, mergers & acquisitions, and a wide range of commercial transactions.

Table of contents

When should you call a lawyer?

A lawyer is required in the following situations:

You're in well over your head

This is more of an emotional decision made because you don’t feel comfortable portraying yourself. The level of comfort varies according to factors such as how much you know about the area of law, how much information is readily available, how much effort you are willing to put into educating yourself, how well you understand legal terms and concepts.

Your opponent has a lawyer

If you try to go up against an attorney defending your opponent, you will be at a disadvantage.

You might end up losing a lot of money

Find a lawyer if you stand to lose a lot of money in a case.

A contract is required

It is critical that you comprehend the terms of any contract that you are asked to sign. Consult a lawyer if you don’t comprehend the terms or how to draft a contract.

Complex business issues

Hire a lawyer if you require a sophisticated company structure (many businesses), have complex tax issues, need to file for a patent, or become embroiled in litigation.

Bodily harm involved

The most obvious scenario is a car accident, but it might also include someone being bitten by your dog or being wounded on your property, or injuries caused by a defective product. Even if you have vehicle or homeowners insurance, you should still see a lawyer. If you or a family member has been hurt and it looks that you have a valid claim, most personal injury attorneys will not charge you a fee and will instead collect money from the verdict.

You wish to carry out complete estate planning

Without the assistance of a lawyer, you may draft a simple will, power of attorney, living will, or even a rudimentary living trust. However, you must be certain that you understand what you are doing. It is especially crucial to consult with a lawyer if there is a large estate, tax concerns, or a sophisticated or elaborate distribution plan.

What legal services do our lawyers provide?

At Themis Partner, we define success based on our clients’ key performance indicators (KPIs). Our attorneys are dedicated to providing unparalleled client service and high-quality legal counsel. We are friendly and proactive, providing practical solutions and excellent advice. We are continuously conscious of the fact that we must earn our reputation by delivering results that speak for themselves.

Our lawyers are acclaimed by their peers, recognized by industry endorsements, and recognised by major appointments to bar associations and the court system as a developing, full-service law practice of diverse and dedicated legal professionals. The most important thing to us, though, is the respect we have earned from our customers. Every customer is important, from large corporations to small and developing businesses to government agencies, non-governmental organizations, and individuals.

We promise the following:

1. A Long-Term Partnership: We make it our business to learn about your firm and, more importantly, your business style. We build centuries-long relationships by investing in each client’s success and cooperating with you to achieve your business goals.

2. Personalized Service: We treat each customer as if they are our only client, aggressively sharing our business and legal skills to solve your most tough and challenging legal issues. In terms of responsiveness and reaction speed, we are committed to providing you with great customer service.

3. Seamless Representation: We bring together the best teams from many markets to give our customers tailored legal solutions, no matter where their businesses take them. To keep you informed and engaged, our attorneys employ cutting-edge technology and communication strategies throughout the firm.

4. Forward-Thinking Leaders: As a company, we strive to constantly adapt by implementing creative and intelligent best practices while ensuring that our underlying ideals affect how we engage with others and who we hire.

5. Cost-Effective Services: We work with you to provide high-quality legal advice at the lowest possible cost and in the quickest possible time. Our company enables numerous fee agreements and risk-reward options in order to retain financial predictability and responsibility.

Do I need a lawyer to do business in Malaysia?

Themis Partners’ Malaysia practice team has extensive corporate, regulatory, and transactional experience assisting Malaysian and international clients with direct investments, wholly foreign-owned enterprises, joint ventures, mergers and acquisitions, regulatory compliance, and a wide range of commercial transactions. Our attorneys are adept at handling Malaysia’s regulatory bureaucracy while capitalizing on new economic reform opportunities. Customers come to us from a wide range of industries, including automotive, manufacturing, consumer goods, commerce, and information technology.
Our Malaysia practice team helps customers do business in Malaysia. We provide strategic legal counsel to Malaysian businesses looking to expand or establish operations.

What do our lawyers specialize in?

When a conflict arises, our highly competent and educated litigators ensure that complaints are resolved and our clients’ rights are honored. Our lawyers have substantial courtroom and mediation experience, providing additional assurance that the legal strategy chosen will minimize legal risk while increasing potential.

1. Corporate Lawyers

In addition to negotiating the legal landscape of the specific business, a corporate lawyer may advise you on the legislation you should be aware of. Many international organizations have operations in Malaysia, allowing law firms and corporate lawyers to provide services to customers in Malaysia.

2. Property Lawyers

Property attorneys are tough to come by, and one must take caution when choosing a lawyer in India because these issues can be rather complicated. If you own property in India and are having legal problems, you should contact competent Property attorneys in Malaysia who can help you the best they can. Property lawyers in Malaysia are well-versed in all municipal legislation and guidelines, and they understand how to address these issues in courts and tribunals.

3. Criminal Lawyers

In Malaysia, criminal lawyers are well-versed before all forms of criminal matters filed in magistrate and sessions courts. When it comes to filing a criminal complaint, Malaysian lawyers might also be of aid.

4. Cyber Crime Lawyers

Everyone on the planet is concerned about cybercrime. As a result of this, Malaysia is also suffering, and numerous cybercrimes are being documented on a regular basis. Cyberlaw attorneys in Malaysia are experienced in assisting law enforcement agencies in apprehending criminals and assisting victims.

5. Divorce Lawyers

Divorce lawsuits are tough to file, and there are numerous aspects of divorce that you must be aware of before filing a lawsuit in court. An experienced Divorce Lawyer in Malaysia can assist you professionally explain the entire procedure as well as the complexity, as well as point out the effects of many factors that are relevant to you and your marital life.

What are the types of dispute resolutions in Malaysia?

1. Court Litigation

Land recovery actions have a 12-year limitation period from the day the right to sue accrues. The limitation period for recovering money secured by a mortgage or charge, or for recovering revenues from the sale of land, is similarly 12 years from the day the right to obtain the money accrued.Where an action is founded on the defendant’s deception, or the right of action is disguised by fraud, or the action is for relief from the consequences of a mistake, the limitation period begins when the claimant finds the fraud or error, or could have discovered it with reasonable diligence.

2. Court proceedings

In general, all court sessions are open to the public. Certain processes, such as trials, are held in public. Interlocutory procedures, on the other hand, are heard in chambers before a High Court judge, deputy registrar, or senior assistant registrar. Any individual may see and get a copy of the originating procedure in an action, as well as any court judgment or order, by paying a fee at the court registry. A person (other than the parties themselves) may only see and take a copy of any other document with the permission of the Registrar.

3. Interim remedies

A plaintiff may seek summary judgment in a case by filing and issuing a summons in chambers, accompanied by an affidavit. The judge then hears arguments from the parties’ counsel and renders a ruling. Only when the case is simple and straightforward, and there are no substantial questions to be tried, would the court award summary judgment. At the request of either party, the court may decide an issue of law or the interpretation of a document when, in the court’s view, the matter can be settled without a full trial and that decision resolves the whole claim.

4. Final remedies

In significant business conflicts, the following types of relief are sought:

➤ Injonctions
➤ Profit and loss statements
➤ Damages
➤ Particular performance
➤ Punitive damages may be levied if the defendant engages in exceptionally egregious behavior

How does Malaysian court litigation work?

The High Court of Malaya and the High Court of Sabah and Sarawak are the two High Courts (with coordinated jurisdiction). The High Court of Malaya has branches throughout Peninsular Malaysia. Most serious business issues, however, are heard by the High Court of Malaya in Kuala Lumpur. This is due to the fact that the bulk of large-scale transactions take place in Kuala Lumpur, which is also where most corporations maintain their registered office or business location.
The Kuala Lumpur High Court is split into five divisions:

➤ The Criminal Division
➤ Division of Civil Procedure
➤ Division of Commerce
➤ Division of Appeals and Special Powers
➤ Family Court

Depending on the nature of the issue, major business disputes are heard in either the Commercial Division or the Civil Division. Anyone admitted as an advocate or solicitor of the High Court of Malaya and possessing a valid practicing certificate has the right to appear before that court.

What legal fee structures can be used?

Hourly rates and task-based billing are two popular legal fee structures utilized in litigation. Advocates’ and solicitors’ fees are determined by their experience and skill and are not set by legislation. The Malaysian Bar Council has declared that conditional or contingent fees are unlawful. However, at least one High Court judgment has ruled that a conditional fee arrangement is legal.

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