Terms & Conditions

These Terms and Conditions ("Terms") govern the engagement of legal services provided by Clermont Law, a legal practice registered in Malaysia and operating from 51 Jalan Sultan Hishamuddin, 50000 Kuala Lumpur ("the Firm", "we", "us"). By engaging our services or submitting an enquiry, you ("the Client", "you") agree to be bound by these Terms alongside any separate engagement letter or fee agreement entered into with the Firm.

1. Definitions

• "Firm" means Clermont Law, its advocates and solicitors, and authorised staff.
• "Client" means any individual, company, or entity that engages the Firm for legal services.
• "Matter" means a specific legal issue, case, transaction, or advisory engagement instructed by the Client.
• "Services" means the legal and advisory services described in the engagement letter or service agreement.
• "Fee Agreement" means a written or electronic agreement setting out the scope of work and applicable fees.
• "Website" means the Firm's website accessible at https://clermontla.biz.

2. Acceptance of Terms

These Terms take effect when a Client submits an enquiry, signs an engagement letter, makes a payment, or otherwise instructs the Firm to act on a matter. Continued engagement with the Firm constitutes ongoing acceptance of the current Terms. Clients must be at least 18 years of age or have the legal capacity to enter into binding agreements under Malaysian law. Where a Client acts on behalf of a company or other entity, they confirm they have authority to bind that entity.

3. Description of Services

The Firm provides legal services in Malaysia, including but not limited to:

• Criminal Defence Representation — representation and advisory for individuals facing criminal charges before Malaysian courts
• Syariah Court Advisory — advisory and representation for matters falling under state Syariah jurisdiction, including family law and estate matters
• Conveyancing Services — property title due diligence, sale and purchase agreements, transfer documentation, and related services

Service availability is subject to jurisdictional competence and the Firm's professional obligations. Geographic restrictions may apply. The Firm reserves the right to decline instructions at its professional discretion.

4. Client Engagement Process

A formal engagement commences only upon execution of a written fee agreement or engagement letter by both parties. An initial consultation does not constitute the commencement of a solicitor-client relationship unless confirmed in writing. The Firm may require client verification documents prior to commencing work, including identity documents and source of funds information, in compliance with applicable anti-money laundering obligations under Malaysian law.

The Firm will provide the Client with an estimate of fees at the outset. Where the scope of work changes materially, a revised fee estimate will be provided with reasonable notice.

5. Client Obligations

The Client agrees to:

• Provide accurate, complete, and timely instructions and documentation as required by the Firm
• Inform the Firm promptly of any change in circumstances relevant to the matter
• Cooperate fully with the Firm, including attending court hearings, meetings, or consultations as scheduled
• Not provide false or misleading information to the Firm or to any court, authority, or third party in connection with the matter
• Settle invoices within the periods specified in the fee agreement or as stated on the invoice
• Refrain from publishing or disclosing confidential information about proceedings, legal advice, or case strategy without the Firm's written consent

Prohibited conduct: Clients must not use the Firm's services to facilitate any unlawful purpose, including fraud, money laundering, corruption, or any conduct in breach of Malaysian law. The Firm may withdraw from a matter if it becomes aware of or suspects such conduct, in accordance with its professional obligations.

6. Intellectual Property

All legal documents, advice letters, written submissions, research, and other materials prepared by the Firm remain the intellectual property of Clermont Law unless expressly transferred in writing. The Client receives a limited, non-exclusive licence to use such materials solely for the purpose of the relevant matter. Materials must not be reproduced, shared with third parties, or used for any other matter without the Firm's prior written consent.

General information published on the Firm's website is for informational purposes only and does not constitute legal advice. Reproduction of website content without permission is not permitted.

7. Fees, Payment, and Refunds

7.1 Fee Structure

Fees are set out in the engagement letter or fee agreement. The Firm's fees for listed services are indicative and subject to variation based on matter complexity, urgency, and scope. All fees are quoted in Malaysian Ringgit (MYR) unless otherwise stated.

7.2 Disbursements

In addition to professional fees, the Client may be responsible for disbursements including court filing fees, stamp duty, land registry charges, and third-party expert fees. These are billed at cost and will be notified to the Client in advance where practicable.

7.3 Payment Terms

Invoices are payable within 14 days of issue unless otherwise agreed. The Firm may require payment of a retainer or deposit before commencing work. Outstanding fees may attract interest at the rate permissible under Malaysian law.

7.4 Refund Policy

Retainers or deposits for work not yet commenced may be refunded at the Firm's discretion, less any administrative costs incurred. Once work has commenced, fees for work performed are not refundable. The Firm will account to the Client for any unearned retainer balance upon conclusion of the engagement.

8. Confidentiality

The Firm maintains strict confidentiality over all client information and communications in accordance with professional ethical obligations under the Legal Profession Act 1976 and the Solicitors' Professional (Practice, Etiquette and Conduct) Rules. This obligation continues after the conclusion of the engagement. Exceptions apply where disclosure is required by law, court order, or to prevent serious harm.

The Client similarly agrees to treat as confidential any advice, strategy, or procedural information communicated by the Firm.

9. Disclaimers

Legal advice is provided on the basis of the facts and instructions presented by the Client and the law as it stands at the time of advice. The Firm does not warrant any particular outcome in legal proceedings, as outcomes are subject to judicial discretion, evidence, and factors outside the Firm's control.

General information on the Website is provided for informational purposes only and should not be relied upon as legal advice applicable to any specific situation. The Firm accepts no liability for actions taken on the basis of website content without formal engagement.

10. Limitation of Liability

To the extent permitted by law, the Firm's aggregate liability to a Client in respect of any matter shall not exceed the total fees paid by that Client for the specific matter giving rise to the claim. The Firm shall not be liable for indirect, consequential, special, or economic losses arising from the provision of services, except in cases of negligence or wilful default.

Nothing in these Terms limits liability for fraud, death, or personal injury caused by negligence, or any liability that cannot be excluded under Malaysian law.

11. Termination

11.1 By the Client

The Client may terminate the engagement at any time by written notice. The Client remains liable for all fees and disbursements incurred up to the date of termination. The Firm will provide the Client with any documents belonging to them within a reasonable time, subject to any outstanding balance being settled.

11.2 By the Firm

The Firm may withdraw from an engagement with reasonable notice where professional obligations require it, including conflict of interest, non-payment of fees, breakdown of trust, or where continuation would be improper under the rules of professional conduct. In urgent circumstances, withdrawal may occur with minimal notice to prevent irreversible harm.

11.3 Effect of Termination

Upon termination, the confidentiality obligations, intellectual property provisions, and applicable fee obligations in these Terms survive. The Firm will cooperate with any successor solicitor to facilitate an orderly handover of the matter.

12. Dispute Resolution

Any dispute arising from these Terms or the engagement shall be referred first to informal resolution by written notice to the other party. If the dispute is not resolved within 30 days of such notice, either party may refer the matter to mediation administered by the Malaysian Mediation Centre (MMC) before commencing formal proceedings.

These Terms are governed by the laws of Malaysia. The parties submit to the non-exclusive jurisdiction of the courts of Malaysia, with Kuala Lumpur as the agreed venue for proceedings where applicable.

Clients who have concerns about the professional conduct of the Firm may also raise a complaint with the Bar Council Malaysia in accordance with its procedures.

13. General Provisions

• Entire Agreement: These Terms, together with any engagement letter, constitute the entire agreement between the Firm and the Client for the subject matter covered and supersede prior understandings.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision does not constitute a waiver of the right to enforce it in future.
• Assignment: The Client may not assign rights or obligations under these Terms without the Firm's written consent. The Firm may, in limited circumstances, assign or transfer obligations with prior notice.
• Notices: Formal notices should be sent to the Firm at 51 Jalan Sultan Hishamuddin, 50000 Kuala Lumpur, or via email to [email protected].

14. Changes to These Terms

The Firm may update these Terms from time to time to reflect changes in legal requirements or professional practice. The updated Terms will be posted on this page with a revised effective date. Where changes are material, active clients will be notified directly. Continued engagement after the effective date of any revision constitutes acceptance of the revised Terms.

15. Contact Information

For any questions regarding these Terms, or to raise a concern about a matter, please contact:

• Clermont Law
• 51 Jalan Sultan Hishamuddin, 50000 Kuala Lumpur, Malaysia
• Email: [email protected]
• Telephone: +60 3-2274 6518