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THE FIRM
Azhier Arisin & Jaafar (formerly known as Azhier Arisin & Co.) is a boutique law firm based in Sabah, Malaysia. Strategically located in the heart of Kota Kinabalu City, the firm advises and litigates in a wide range of general commercial disputes and contentious conveyance of property as well as acting across niche areas of practice such as civil fraud litigation and breach of trust.
Our commitment for specialisation in niche areas of law enables us to concentrate our resources to specific needs of our client hence providing client focused legal services. This also tends to mean we carefully limit our acceptance of engagements to those that we can effectively manage in order to ensure that our highest professional service matches with our clients’ expectation.
TRUSTED BY LEADING CORPORATES
ABOUT LEGAL FEE
How much do you charge for legal fee?
We charge our legal fee varies according to the circumstances and complexity of the case. In most civil matters, we offer two different ways of charging fees for civil matters i.e. fixed fees and contigency fee (percentage fees based on the contentious amount involved). For criminal matters, there is only single way of charging that is fixed fee.
In some non-contentious matters such as Sale and Purchase Agreement, Tenancy Agreement and etc., the legal fee is fixed and prescribed by the Advocates Remuneration Rules 1988. For that reason, we are strictly prohibited to charge in excess or below the prescribed fee.
Due to restrictions imposed by the law, all law firms practising in the state of Sabah is strictly not allowed to disclose the rates and method of charging on their webpage. Therefore, for quotation of our legal fees kindly contact us directly.
How much do you charge for drafting Sale and Purchase Agreement
In respect of drafting Sale and Purchase Agreement, the legal fee has been fixed and prescribed by the Advocates Remuneration Rules 1988. You may refer the schedule of fee on the Sabah State's Attorney General's webpage.
Any discount for my legal fee?
Pursuant to Rule 7 of the Advocates Remuneration Rules 1988, no advocates shall give any discount on or receive in consideration any consideration other than the remuneration set out in the Advocates Remuneration Rules 1988. Exceptions only given to the following persons/bodies:
- Charity/Religious bodies
- Employees of the law firm
- Immediate family members of the advocate
- A fellow member of advocate
Does the legal fee includes disbursement and filing fee to the Court etc.?
No. Our legal fee excludes disbursements, which are out-of-pocket expenses which we incur on your behalf. These expenses include court e-filing fee, postage charges, telephone charges, photocopying charges, court fees and the costs of airfare and/or hotel accommodation for any travel outside Kota Kinabalu relating to this matter by our lawyers. A classified list of disbursements will be provided in each invoice.
Can you start work on my case without payment of deposit?
In all criminal cases, we will require full payment of legal fee or at least 50% deposit of total legal fee before we can work on your case.
In respect of civil cases, we usually enclose our Schedule of Payments in our Letter of Engagement. Payment of legal fee will be in accordance with the work progress as per stated in the Schedule of Payments.
Why lawyer's fee is so expensive?
That's a common misconception. Lawyer's fee is relatively modest and correspond with the amount of work, time, skill and effort spent working on each case. Most often, the client tends to overlook the fact that much of lawyer's work is unseen. The many hours spent in researching the law or drafting the agreement or in evaluating the evidence are usually done in the quiet of library and outside the presence of our client. Not to forget lawyer consumes much of their time going through voluminous law reports and journal full with legal jargons that often time only lawyers could understand. In return of that efforts, lawyer takes away the trouble from client and give them instead a peace of mind and assurance that your case is well-taken care off.
That explains much why lawyer's fee sometimes quoted with premium. ;)
Do you accept payment via Credit Card?
No, all payment in cash term.
Do you accept payment via Bank Transfer?
Yes, we do. Please contact our Sales Assistant.
PERJANJIAN JUAL BELI RUMAH
Apakah dokumen yang diperlukan untuk perjanjian jual beli rumah?
Jika anda sebagai seorang penjual, dokumen berikut hendaklah disediakan:
- Perjanjian Jual Beli lama
- Geran Tanah Individu (sekiranya rumah bergeran)
- Surat Ikatan Penyerahanhak (Deed of Assignment) di antara Bank dan Penjual (Sekiranya rumah belum bergeran/masih geran besar)
- Surat Ikatan Penyerahanhak (Deed of Assignment) di antara Penjual Pertama (terdahulu) dan Penjual sekarang
- Perjanjian Pinjaman Perumahan diantara Bank/Institusi Kewangan/Lembaga Pinjaman Perumahan Sektor Awam (LPPSA)/ Bahagian Pinjaman dan Penjual
- Penyata Akaun Bank Terkini (sekiranya rumah bercagar dengan bank)
- Salinan asal resit bayaran Cukai Pintu dan Tanah yang sudah dijelaskan
- Salinan kad pengenalan
Jika anda sebagai seorang pembeli, dokumen berikut hendaklah disediakan:
- Surat Tawaran Pinjaman Bank/Institusi Kewangan
- Salinan kad pengenalan
Muat turun Senarai Semak Dokumen disini:
Berapakah Yuran guaman untuk Perjanjian Jual Beli Rumah?
Kos guaman bagi perjanjian jual beli rumah adalah tertakluk kepada Jadual Pertama, Peraturan Saraan Peguam 1988.1
Bagi Penjual dan Pembeli yang menggunakan khidmat peguam yang sama, yuran guaman yang dikenakan kepada pembeli adalah skala penuh di Jadual 1 manakala penjual dikenakan yuran guaman 1/2 daripada skala penuh di Jadual 1.
Contoh:
Harga Jualan Rumah : RM 300,000.00 Yuran Guaman untuk Perjanjian Jual Beli:
A. RM 10,000.00 pertama daripada RM 300,000.00, sebanyak 2.5% dikenakan = RM 250.00
B. RM 40,000.00 seterusnya daripada RM 290,000.00, sebanyak 1.0% dikenakan = RM 400.00
C. RM 50,000.00 seterusnya daripada RM 250,000.00, sebanyak 0.9% dikenakan = RM 450.00
D. RM 200,000.00 seterusnya daripada RM 200,000.00, sebanyak 0.80% dikenakan = RM 1,600.00.
Jumlah keseluruhan yuran guaman (A+B+C+D)= RM2,700.00. Jumlah yuran guaman ini tidak termasuk Duti Setem ad valorem dan Setem Am yang dikenakan kepada pembeli bagi setiap suratcara oleh Lembaga Hasil Dalam Negeri. **Bagi tahun 2017-2018, setiap pembelian rumah dibawah RM 300,000.00 dikenakan pengecualian Duti Setem ad valorem 100%.
Selain yuran guaman, pembeli dan penjual juga dikehendaki membayar kos-kos lain bersangkut dengan perjanjian beli rumah seperti kos dokumentasi perjanjian, bayaran pemprosesan Memorandum Pindah Milik di Pejabat Tanah, Bornag CKHT (1A, 2A & 3) dan lain-lain.
Bolehkah saya meminta sebut harga (quotation) bagi urusan perjanjian jual beli rumah?
Boleh. Sila maklumkan kepada kami maklumat berikut melalui email:
- Harga jualan rumah
- Bergeran tanah individu atau bergeran tanah besar (master title)
Adakah benar Peguam tidak boleh memberi diskaun?
Ya, benar! Peguamcara dilarang sama sekali memberi sebarang bentuk potongan/diskaun yuran guaman kerana melanggar Peraturan 7, Peraturan-Peraturan Saraan Peguam 1988. Mana-mana peguam yang memberi potongan boleh dirujuk ke Lembaga Disiplin Majlis Peguam. Walaubagaimanapun, pengecualian boleh diberikan kepada invidudu/badan berikut:
- Badan amal/keagamaan
- Pekerje firma guaman sendiri
- Ahli keluarge terdekat Peguam
- Peguambela dan Peguamcara beramal di Sabah.
Adakah yuran guaman ini termasuk dengan lain-lain perbelanjaan?
Tidak. Yuran guaman kami tidak termasuk perbelanjaan lain-lain seperti bayaran Duti Setem, dokumentasi dokumen, pos, telefon & fotokopi serta perbelanjaan perjalanan.
Bilakah saya perlu menjelaskan yuran guaman ini?
Yuran guaman serta jangkaan perbelanjaan hendaklah dibayar mengikut jumlah amoun yang dinyatakan dalam invois kami ketika Perjanjian tersebut ditandatangani oleh kedua-dua pihak.
Bolehkah saya membayar dengan kad kredit?
Buat masa ini kami hanya menerima pembayaran melalui tunai, pemindahan tunai melalui bank (bank transfer) dan cek berpalang.
ABOUT CRIMINAL Litigation
My family member has been arrested. What should I do?
Calm yourself. Identify on what ground he was arrested. Take note the time and place of his arrest and try to gather as much information the activity he has involved with for the last past hours and days. This is useful information to lay down your defence during trial.
You should also get in touch with the Investigating Officer (IO) of the case and enquire where he will be detained.
Appoint lawyer as soon as the arrest was made. This is to arrange a speedy consultation with the arrested person and to stop the police from recording statement from the arrested person which may incriminate him with criminal offence.
I have been arrested for more than 24 hours. What should I do?
The minute you have been arrested, you are entitled as a matter of right to communicate with your lawyer. Inform the police that you will exercise your right to seek consultation with your appointed lawyer and insist not to proceed with questioning or recording your statement without first consulting your appointed lawyer.
The Police cannot detain you more than 24 hours unless remand application to the Magistrate has been granted. Ensure to contact your appointed lawyer so that he can be present during the remand proceedings. Your lawyer will submit and oppose the remand application so you may be released forthwith.
Can I be bailed out during remand period?
No. You will be detained until the remand period has expired. It is therefore important to appoint criminal lawyer during the remand proceedings so that your lawyer can argue your case before the Magistrate.
My remand has expired. What's next?
Depending on Public Prosecutor's instruction, you may be released or charged in the open Court. If the prosecution preferred a criminal charge against you, you will be brought to the Court and the charge will be read and explained to you. You may plead guilty or not guilty to the charge. Before entering the plea, you may consult with your appointed lawyer.
I plead not guilty to the charge. Can I be bailed out?
Depending on type of offence, you may be bailed out with or without conditions attached. In unbailable offences, you cannot be bailed out.
Can lawyer stands as my surety?
No. Lawyer cannot stand as surety/bailor to his client as this is against the Advocates (Practice & Etiqutte) Rules 1988.
Do you care to explain to process of criminal justice?
To learn more about criminal justice system in Malaysia, kindly refer to this link.
ABOUT AGREEMENT
What type of Agreement do you draft?
We draft all types of agreement ranging from Subcontract Agreement, Memorandum of Understanding to Development Agreement and Sale & Purchase Agreement to Power of Attorney. Basically, we draft any agreement to suit your needs and foremostly it is legally binding to participating parties
Can you handle the Sale and Purchase Agreement of my house?
Sure we can.
I am dying. But before I die I wanted to make sure my children inherits all my properties. Can you do that for me?
Firstly, we're sorry to hear your medical condition. We are capable to draft any Will so that your children will get everything as you've wished for. We also offer services to retain the custody of the Will so in the event of your demise, our lawyer will read and explain the Will to your children and thereafter advise the next step to obtain the grant of probate. Just wanted to make it clear, the cost for drafting Last Testatement and Will is entirely separate from the service of retaining the Will and making a grant of Probate application to the High Court.
My lawyer from Penang has drafted a Sale and Purchase Agreement in respect of property I bought in Butterworth. Since I am working in Kota Kinabalu, the lawyer asked me to execute the agreement in front of Sabahan lawyer. Can you do that for me and how much do you charge?
Absolutely. We offer attestation services for any type of agreement except loan or security documents. As per our Advocates Remuneration Rules 1988, the charge for witnessing execution of a document is RM 50.00 for the first and RM 5.00 for each subsequent copy. For witnessing execution of a document and giving an attestation certificate, the charge is RM 100.00 for the first and RM 5.00 for each subsequent copy.
ABOUT CONSULTATION
I am interested to appoint you as my lawyer. Can you evaluate my case?
If you interested to appoint us as lawyer you may schedule a consultation with our lawyer for evaluation of your case. Initial consultation with our lawyer will incur you one-off consultation fee of RM 100.00. Our consultation should give you our preliminary opinion of your case including the pros and cons of pursuing your claim. If you don't have a case, we will ensure you understand why and will discuss and explore what options remain open for you.
However, not all clients need a consultation. Some cases can be common to layman and you might as well know what legal services you require. If that's the case, you may simply fix an appointment and we will open a file to work on your case.
Will you charge consultation fee for Sale and Purchase Agreement and etc.?
No, we do not charge consulatation fee in respect of Sale and Purchase agreement and Tenancy Agreement. The transaction is very elementary and quite common. You may simply fix an appointment with us and bring all related documents.
What happen after the initial consultation?
You may want to instruct us to open a file and prepare a detailed legal opinion writing about your case. At this juncture, we will advise you the anticipate legal cost of the action and will either require you to pay a sum of deposit to secure our performance of the task. You may also choose to consult with other lawyers for second opinion of your case.
Do you charge request for consultation via email ?
Due to high volumes of request we received everyday, we are unable to review your case submitted through email or online. Please book us through our online platform.
After the consultation, I have decided to appoint you as my lawyer. What's next?
We will first require you to sign the Legal Services Agreement in which you will indicate your acceptance to our terms and conditions of our service.
I have been charged in the court for criminal offence and need your advise on how to proceed.
Be sure to call us for an appointment. If that is not possible, you should arrange your family members to contact us. We may on our discretion and consideration waive the consultation fee.
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what type of CRIMINAL offences we defend
PERSONS
Murder
including culpable homicide, negligence, reckless driving.
Causing hurt
by dangerous means/weapons/tools.
Rape
including unnatural offences such sodomy & buggery.
Assault
including use of criminal force to outrage modesty.
PROPERTY
Robbery
including gang robbery.
Theft
including theft of a motor vehicle and in dwelling house.
Stolen Property
dishonestly receiving stolen property and assisting in concealment of stolen property.
Cheating
by inducing delivery of property.
BRIBERY
Misappropriation/Breach of trust
dishonestly misappropriates, or converts property to own use.
Abuse of power
Using power or position to grant contract to family members
Bribery
soliciting/receiving gratification in exchange for any act or omission in the performance of his public functions.
DRUGS
Drug Trafficking
S.39B of DDA
Possession of Drugs
S.12 of DDA
Administering drugs into body
S.15(1) of DDA
Offence under Drug Dependant Act
Detention under Agensi Anti Dadah Kebangsaan
Book an Appointment
Book an appointment is now a lot easier with our online booking. It allows you to book an appointment at a date and time convenient to you and pay online instantly with credit or debit card and through PayPal account.
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“Falsus in uno, Falsus in omnibus ”
CRIMINAL LITIGATION PROCESS
STage 1
ARREST & INVESTIGATION
The criminal justice system in Malaysia recognises two types of offence which the police may arrest with or without warrant. In a case where arrest has been made without warrant and categorised as seizable offence, the police may proceed with investigation of criminal offence without prior Order to Investigate (OTI) from the Public Prosecutor. The Police have 24 hours to complete the investigation which thereafter the Investigation Paper (IP) should be referred to the Public Prosecutor for further direction. If the investigation cannot be completed within 24 hours, the Police may apply to the Court for the suspected person be remanded under section 117 of the Criminal Procedure Code.
During the arrest, the suspected person may request and inform the police that he has the right to be represented by a lawyer before the start of questioning or recording any statement from the suspected person. Any questioning or recording of any statement by the police shall be deferred until the consultation with the lawyer has been made.
STAGE 2
REMAND PROCEEDINGS
After the expiration of 24 hours from his arrest, the arrested person shall be released forthwith. However, the Police may apply to the court for the suspected person be remanded beyond the 24 hours in order for the police to complete the investigations.
In most seizable offence which carries imprisonment of less than 14 years, the Magistrate may make an order to remand the suspected person up to 4 days on the first application and shall not be more than 3 days on the second application. For offence punishable with death or imprisonment of 14 years or more, the detention shall not be more than 7 days on the first application and shall not be more than 7 days on the second application.
At this stage a lawyer can be appointed by the suspected person to oppose the remand application by the police. Appointment of lawyer shall be made promptly and possibly the minute the suspected person arrested and brought to the police station.
STAGE 3
CHARGE AND BAIL
Soon after the period of remand has expired, the criminal charge will be read and explained to the accused person. If the accused person does understand the nature and consequences of the charge, the accused person is entitled to enter a plea. You have the right to be represented by a lawyer when the charge is read. Should the accused plead not guilty to the charge, the lawyer will request for bail application. Bail application is when the court will hear submissions from the accused's lawyer whether the accused may be released from custody upon payment of security deposit to the court. The payment of sum of money to the court is a form of security taken from a person to appear on a fixed date before a court. However, some offences the law excludes the person right to the bail hence he shall be further detained until the completion of the trial.
If the court grants the bail application, the accused will be released from custody. But the criminal case is not over yet. The accused shall compulsory attend every hearing/mention and trial of the case on the date and time fixed by the court. Failure to do so would result the security deposit forfeited and warrant of arrest will be issued against the accused person and if deemed necessary to the person who stands as bailor to the accused.
STAGE 4
PRE-TRIAL CASE MANAGEMENT
After the bail proceedings, a new date will be fixed for the case management. All relevant documents and evidence to be used by the prosecution in the trial will be given to the defence lawyer.
STAGE 5
TRIAL
The trial begins with the prosecution calling their witnesses and presenting their evidence to the court. The prosecution at this stage is required to discharge the burden of proving their case beyond reasonable doubts. If the prosecution fails to establish a prima facie case, the court will discharge and acquit the accused.
STAGE 6
POST-TRIAL
In the event the accused person is found guilty, the court will sentence the accused person according to the prescribed punishments. Before sentencing, the lawyer will have a chance to ask for mitigation i.e. lighter sentence. After sentencing, the lawyer may also ask for stay of execution pending appeal to the appellate court.
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In the defence arguments, the accused, represented by Mohd Azhier Farhan bin Arisin, contended among other points that the raiding officer's testimony regarding the accused's own admission and retrieval of the drugs hidden in the back of the car after being read the cautionary words under section 37B (1) (b) of the Dangerous Drugs Act 1952 was implausible. This skepticism arose partly because the raiding officer, upon cross-examination by Azhier, could not recall and recite the cautionary words in open court.