Legal Information

Terms & Conditions

Last Updated: 6 April 2025  |  Effective Date: 6 April 2025

These Terms & Conditions ("Terms") govern your use of the website at daulataria.live ("Website") and any engagement of services provided by Daulat Advocates, a law firm carrying on business at 72 Jalan Stadium, 88300 Kota Kinabalu, Sabah, Malaysia ("the Chambers", "we", "us", "our").

By accessing this Website or submitting an enquiry, you confirm that you have read, understood, and accept these Terms. If you do not agree, please refrain from using the Website.

1. Definitions

"Agreement"

means these Terms together with any engagement letter, fee agreement, or written instruction signed between the Chambers and a Client.

"Client"

means any individual, firm, or entity that engages the Chambers under a formal written instruction.

"Services"

means appellate and High Court advocacy, written legal opinions, and procedural conferences at chambers, as described on this Website.

"User"

means any person who accesses or uses this Website, whether or not they proceed to engage the Chambers.

"Content"

means all text, images, logos, documents, and materials published on the Website.

2. Acceptance of Terms

Use of this Website constitutes acceptance of these Terms. By submitting an enquiry or instruction:

• You confirm you are at least 18 years of age and legally capable of entering into a binding agreement under Malaysian law.
• You confirm that any information you provide is accurate and complete to the best of your knowledge.
• Where you act on behalf of a company or other entity, you confirm you have authority to bind that entity.

3. Description of Services

Daulat Advocates offers the following principal services:

• Appellate & High Court Advocacy — representation and oral argument before the High Court of Sabah & Sarawak, Court of Appeal, and Federal Court (from MYR 2,400).
• Written Opinion — settled counsel's opinion on a discrete question of law or mixed law and fact (MYR 1,290).
• Procedural Conference at Chambers — structured discussion on procedure, strategy, or evidence (MYR 530).

Services are available to instructing solicitors and law firms within Malaysia. We do not accept direct instruction from lay clients in contentious matters, consistent with the Legal Profession Act 1976 and Bar Council requirements. Service availability is subject to the absence of a conflict of interest and our acceptance of the instruction in writing.

4. User Responsibilities

When using this Website, you agree to:

• Access the Website only for lawful purposes and in accordance with these Terms.
• Not transmit any content that is unlawful, defamatory, harassing, or which infringes third-party rights.
• Not attempt to gain unauthorised access to any part of the Website or its underlying systems.
• Not use automated tools to scrape, crawl, or extract data from the Website without our written permission.
• Not misrepresent your identity or credentials in any enquiry or instruction submitted to us.

5. Intellectual Property

All Content on this Website — including text, design, logos, and structure — is the property of Daulat Advocates or its licensors and is protected by Malaysian copyright law and applicable intellectual property legislation.

You are granted a limited, non-exclusive, non-transferable licence to access and view Content for personal, non-commercial purposes. You may not:

• Reproduce, distribute, or publish any Content without our prior written consent.
• Modify or create derivative works based on Website Content.
• Remove or obscure any copyright or proprietary notices.

Written opinions and other work product delivered to a Client under instruction remain the intellectual property of Daulat Advocates. Clients receive a limited licence to use such work product for the specific matter for which it was commissioned.

6. Payment Terms

• Fees are quoted in Malaysian Ringgit (MYR) and are subject to confirmation in the engagement letter for each instruction.
• A fee estimate or brief fee will be provided before work commences. No work will begin without written acceptance of fees by the instructing solicitor.
• Payment is due within 14 days of the date of invoice unless alternative terms are agreed in writing.
• We accept payment by bank transfer (account details provided on invoice). Cheques are accepted subject to clearance.
• Disbursements (filing fees, travel costs, etc.) are invoiced separately and at cost.
• Fees for instructions that are withdrawn or settled after work has commenced will be assessed on a time-and-effort basis against the agreed brief fee.
• Returned or dishonoured payments may attract an administrative charge.

7. Service-Specific Terms

Appellate & High Court Advocacy

Instructions must be delivered with sufficient lead time for preparation. We reserve the right to decline instructions received less than 10 working days before a hearing date. The scope of advocacy and preparation is defined in the engagement letter.

Written Opinion

A written opinion addresses the specific question(s) as framed in the instruction brief. Our opinion reflects the state of the law at the time of delivery and does not constitute a continuing obligation to update unless separately engaged. An opinion is provided for the use of the instructing solicitor and their client in the specific matter only.

Procedural Conference at Chambers

Conferences are conducted at our chambers in Kota Kinabalu or by video link where agreed. A brief must be delivered at least 3 working days before the conference date. Cancellation within 24 hours of the scheduled conference may attract a cancellation fee.

8. Disclaimers

No Legal Advice: Content on this Website is provided for general information only and does not constitute legal advice. Reading or relying on Website Content does not create a solicitor-client or barrister-client relationship. Formal advice is provided only under a written engagement.

No Outcome Representation: We do not represent, imply, or undertake that any particular outcome will be achieved in any matter. Legal proceedings involve inherent uncertainty and results depend on many factors outside our control.

Website Accuracy: We take reasonable care to keep Website Content accurate and up to date, but make no representation as to its completeness or currency. Fee information on the Website is indicative and subject to confirmation for each instruction.

9. Limitation of Liability

To the fullest extent permitted by Malaysian law:

• We exclude liability for any indirect, consequential, or economic loss arising from use of this Website.
• Our aggregate liability to any Client arising from a formal engagement shall not exceed the total fees paid by that Client for the specific instruction giving rise to the claim.
• Nothing in these Terms limits our liability for fraud, professional negligence as assessed under the Legal Profession (Practice and Etiquette) Rules, or any liability that cannot be excluded by law.
• We maintain professional indemnity insurance in accordance with Bar Council requirements.

We are not liable for loss or damage caused by events beyond our reasonable control, including but not limited to natural disasters, court system failures, or regulatory changes.

10. Indemnification

You agree to indemnify and hold harmless Daulat Advocates and its advocates from any claims, losses, costs, or liabilities (including reasonable legal costs) arising from your misuse of this Website, breach of these Terms, or the provision of false or misleading information in connection with an instruction.

11. Termination of Engagement

Either party may terminate an instruction by written notice, subject to the following:

• Where we terminate for good cause (e.g. conflict of interest discovered after commencement, instructions we cannot in good conscience continue), fees for work already completed are due and payable.
• Where a Client withdraws an instruction, a fee for work completed to date will be assessed and invoiced.
• We reserve the right to withdraw from an instruction in accordance with Bar Council Professional Conduct Rules.

Termination of an engagement does not affect any obligations that by their nature should survive, including confidentiality, intellectual property, and payment obligations.

12. Dispute Resolution & Governing Law

These Terms are governed by the laws of Malaysia. Any dispute arising out of or in connection with these Terms or any engagement shall be subject to the exclusive jurisdiction of the courts of Sabah.

Before commencing formal proceedings, parties agree to attempt resolution through good-faith negotiation for a period of not less than 21 days from the date a written notice of dispute is received.

Fee disputes may also be referred to the Bar Council of Malaysia's fee arbitration process under the Legal Profession Act 1976, where applicable.

13. General Provisions

• Entire Agreement: These Terms, together with any engagement letter, constitute the entire agreement between us in relation to Website use and the described Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remainder continues in full force.
• Waiver: Failure to enforce any provision on one occasion does not constitute a waiver of that provision.
• Assignment: We may assign our rights and obligations to a successor firm carrying on the same practice. You may not assign your rights without our prior written consent.
• Notices: Formal notices under these Terms must be in writing and sent to the addresses specified in the engagement letter or to [email protected].

14. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last Updated" date. Continued use of the Website after changes are posted constitutes your acceptance. Material changes affecting active engagements will be communicated directly to the relevant instructing solicitor.