20.5.1 - Litigation Rate Sheets

(DRAFT) RATE CARD – LITIGATION SERVICES

Effective Date: 21 May 2025
(This Rate Card provides a general fee indication. All fees are subject to a formal Letter of Engagement detailing the specific scope and terms for your matter.)

Our Fee Philosophy

We strive for transparency and fairness in our legal fees. We understand that predictability is important. Many initial stages of work are offered on a fixed-fee basis. Where complexity or scope is variable, we will discuss potential costs with you upfront. Our fees are structured to reflect the court level, complexity, expertise required, and value provided. All professional fees are exclusive of Sales & Service Tax (SST) at the prevailing rate and disbursements/administrative charges as outlined below.

I. INITIAL CONSULTATION & CASE COMMENCEMENT

II. STANDARD HOURLY RATES & THEIR APPLICATION

Our primary approach is to offer Fixed Fees for clearly defined stages of work, providing you with cost predictability.

Hourly Rates will ONLY apply in the following specific circumstances, and always after prior notification and your agreement to proceed on this basis for that specific task:

1. Work Explicitly Quoted as Hourly: Some tasks, due to their inherently unpredictable nature (e.g., extensive document review beyond an initial assessment, complex research on novel points of law not covered by a fixed stage fee), may be quoted on an hourly basis from the outset, as detailed in your Letter of Engagement.
2. Work Beyond the Defined "Agreed Scope" of a Fixed-Fee Stage:
   • What "Agreed Scope" Means: Each fixed-fee stage listed in Section III (e.g., "Filing Main Action," "Simple Interlocutory Application") includes a "Description of Work Included." This description outlines the typical tasks covered by that fixed fee.
   • Example of Exceeding Scope:
     • If a "Simple Interlocutory Application" (fixed fee) becomes unexpectedly heavily contested, requiring multiple lengthy affidavits beyond the norm, extensive new research, and several court appearances not typical for such an application, the additional work beyond the standard expectation for that fixed fee item may necessitate hourly billing for that excess work, after discussion with you.
     • If, during the "Pleadings Stage," you instruct us to make multiple substantial amendments to a Statement of Claim after it has already been drafted and revised once under the fixed fee, the work for these additional extensive amendments might be charged hourly.
3. Client-Driven Changes or Additional Requests: If you significantly change instructions, broaden the scope of our work, or request additional tasks not originally contemplated within a fixed-fee stage, this new or additional work may be charged at hourly rates.
4. Significant Exceedance of Estimated Time for Fixed Fee Work: In rare cases, if unforeseen complexities arise that mean the time reasonably required to complete a fixed-fee stage will substantially exceed our initial estimate for that stage (e.g., by more than [e.g., 20-30%]), we will discuss this with you. We will explain the reasons and propose that any further work on that stage beyond a certain point be billed at hourly rates. No hourly billing will commence without your understanding and agreement.

Our Commitment: You will always know in advance if a particular piece of work is to be charged at hourly rates and why.

Time is recorded in 6-minute units (e.g., 0.1 hours). Detailed time narratives will be provided for any work billed hourly.

III. STAGES OF LITIGATION & ASSOCIATED FEES

Fees are estimates and vary by court, complexity, urgency, and work volume. "From RM X" indicates the starting point for the simplest matters in that category and court.

A. Pleadings Stage

(Drafting, Filing, Service of main originating/responsive documents)

Magistrates' Court & Sessions Court

High Court

B. Interlocutory Applications

(Per Application - includes drafting, filing, and initial non-lengthy hearing attendance. Lengthy contested hearings beyond [e.g., 2 hours] may attract additional fees based on court attendance rates or agreed hourly rates after notification.)

Magistrates' Court & Sessions Court

High Court

C. Case Management & Pre-Trial Activities

D. Trial Stage

Magistrates' Court & Sessions Court

High Court

E. Post-Trial Activities

F. Alternative Dispute Resolution (ADR) / Settlement

G. Appeals (Professional Fees for Each Appellate stage)

IV. DISBURSEMENTS & ADMINISTRATIVE CHARGES

We are committed to managing disbursements efficiently.

A. Major Disbursements:
These are significant third-party costs incurred directly for your case and will be charged at actual cost. We will seek your approval for substantial items where practical. Examples include:

• Court Filing Fees (as per official court schedule).
• Affirmation Fees for Affidavits / Notarization Fees.
• Service of Documents by Court Bailiff or Registered Private Process Server.
• Fees for obtaining official search results (Company, Land, Bankruptcy, etc.).
• Expert Witness Fees (to be agreed separately and in advance).
• Voluminous external printing/photocopying for court bundles (actual cost from vendor).
• Transcription services for court proceedings, if required.

B. Travel & Transport for Court Attendance & Case-Related Work:

• Local Travel (within Klang Valley / [Your City Area]):
  • A standard charge of RM [e.g., 50 - 150] per court attendance / necessary local trip may apply to cover fuel and time, OR
  • If not covered by a standard charge or the GAML (see below), mileage will be claimed at RM [e.g., 0.80 - 1.20] per km, plus actual parking and toll charges.
    (Decision Point for Firm: Choose one clear method for local travel OR state that minor local travel is covered by GAML if GAML is adopted).
• Out-of-State Travel (Outside Klang Valley / [Your City Area]):
  • Flights / Train Tickets: Actual cost (economy/standard class unless otherwise agreed).
  • Accommodation (if overnight stay is necessary): Actual cost for reasonable hotel (e.g., 3-4 star, pre-agreed if possible).
  • Mileage (if driving): RM [e.g., 0.80 - 1.20] per km.
  • Daily Allowance / Per Diem (for meals & incidentals if overnight): RM [e.g., 100 - 200] per day (or actual reasonable meal costs supported by receipts).
  • Parking & Tolls: Actual cost.

C. General Administrative & Materials Levy (GAML) - OPTIONAL (Discuss with Partners):
To cover miscellaneous routine in-house administrative overheads and materials which are impractical to itemize (e.g., routine local photocopying, standard postage, local faxes, internal document binding, digital file maintenance for your matter), a GAML of RM [e.g., 50 - 150] may be applied per invoice OR per defined litigation stage.
If GAML is NOT adopted, state: "Routine internal administrative costs and minor local photocopying are generally included within our professional fees for fixed-fee stages. Significant printing or specialized materials will be charged as major disbursements."

D. Deposit for Disbursements & Charges:
We will request an initial sum as a deposit to cover anticipated Major Disbursements and any applicable GAML/standard travel charges. This will be accounted for and replenished as needed.

V. AGREED FEE UPLIFT FOR EXCEPTIONAL OUTCOMES (For Complex Litigation - To Be Detailed in Letter of Engagement)

For specific, highly complex litigation matters involving novel points of law, substantial quantum, and where an exceptionally favorable outcome is achieved primarily due to the firm's specialized skill, innovative strategies, and extraordinary effort beyond standard diligent representation, an Agreed Fee Uplift may be discussed and mutually agreed upon at the outset of the engagement and detailed within the formal Letter of Engagement.

• Nature: This is NOT a contingency fee based on a percentage of the judgment sum. It is an additional, pre-agreed fixed sum or a pre-agreed percentage uplift on the professional fees already incurred and paid, reflecting the exceptional value delivered.
• Conditions: The specific conditions triggering such an uplift (e.g., achieving a judgment sum significantly above a certain threshold, successfully defending against a very high-value claim, achieving a landmark ruling) will be clearly defined.
• Transparency: This arrangement will only apply if explicitly agreed in writing by both the client and the firm prior to substantive work commencing under such terms.
• Standard Fees: The payment of all standard professional fees as outlined in this Rate Card and the Letter of Engagement is NOT conditional upon the outcome of the case or the application of any Agreed Fee Uplift.

This approach ensures that clients are rewarded for truly exceptional work while maintaining compliance with professional ethics.

VI. GENERAL TERMS & CONDITIONS

• Basis of Charges: This Rate Card, and more specifically your Letter of Engagement, forms the basis of our charges. By engaging us, you agree to these rates and terms.
• Letter of Engagement: A formal Letter of Engagement will be issued for your review and signature before we commence substantive work. This letter will detail the specific scope of work, agreed fee structure for your case, and other terms, including any Agreed Fee Uplift if applicable.
• Invoices: Itemized invoices will be issued [e.g., monthly or at the conclusion of significant stages], referencing the work stages outlined herein.
• Payment Terms: Payment is due within [e.g., 14 or 30] days from the date of the invoice. We reserve the right to charge late payment interest at [e.g., 8%] per annum on overdue accounts, consistent with Bar Council guidelines.
• Sales & Service Tax (SST): SST at the prevailing rate will be added to all professional fees and applicable disbursements/charges.
• Estimates vs. Actual Costs: All fee estimates are provided in good faith based on information available at the time. The actual costs may vary due to unforeseen developments, changes in instructions, or the conduct of other parties. We will notify you of any significant changes.
• Client's Responsibility for Costs: You are responsible for our professional fees and disbursements/charges regardless of the outcome of the litigation. If successful, you may be entitled to recover a portion of your costs from the opposing party, but this is at the Court's discretion and rarely covers the full amount incurred.
• Communication: We believe in open communication. Emails and brief telephone calls for updates are generally part of our service within a fixed fee stage. However, extensive consultations or advice provided via email/phone outside a defined scope or fixed fee may be charged at hourly rates (after notification).

VII. QUERIES

We understand that legal costs are an important consideration. Please do not hesitate to discuss any aspect of this Rate Card or your potential legal expenses with [Partner Name / Your Name] at [Firm Phone Number] or [Firm Email Address].