litigation lawyer malaysia
Litigation
Litigation services
We understand that clients are looking for reputable law firms and experienced litigation lawyers to resolve their disputes. The usual ways to resolve disputes are litigation (civil litigation and criminal litigation).
Alternative dispute resolution methods include arbitration and mediation. 

Our dynamic law firm with adept litigation lawyers in Malaysia offers a wide range of legal services on dispute resolution and can assist you with this.

Pre-litigation
The common types of commercial disputes and claims range from property disputes to employment disputes, partnership disputes, and contract disputes that usually corporate lawyer faces with.
The other disputes include shareholder disputes, breaches of contract, personal injury claims, and intellectual property.
Depending on the dispute and areas of laws, our legal firm with experienced lawyers can offer legal advice as to the suitable methods for dispute resolution that are suitable for client needs; especially individual business needs.
The usual step starts with the innocent party sending a letter of demand to the wrongful party to claim what is required. We can help you with this.
Litigation and Court proceedings
If the letter does not work, our commercial litigation team can offer representation to initiate  by filing litigation cases at the courts through cause papers such as originating summons.
What is litigation? it is a process where one sues others through the legal system and court system. There are several courts such as the High Court of Malaya.
The courts usually schedule several case management conferences for managing cases before the trial/hearing, according to the procedural rules, that is Rules of Court 2012.
After the trial and reading the evidence, the judge will deliver the court decision. Our litigator lawyers know the requirements of the litigation process and can advise you on this.
Depending on the information and your rights, our professional lawyers can offer legal advice to initiate different types of court actions such as judicial review (dissatisfied with the decision of administrative bodies such as government agency) or injunction order (to direct someone to do/prohibit from doing).
Post-judgment
After the case concludes, our experienced litigation lawyer in Kuala Lumpur, Malaysia can assist in appealing against the court decision to the higher courts such as the Federal Court.
Also, the winning party can then engage reputable law firms to enforce the judgment. Different enforcement methods are suitable for different types of judgment and law. For example, winding up can be initiated against corporate business but not against individuals.
Thus, it will be advisable to engage a multi-service law firm that has experience in these matters. They can also offer services for estate planning  and anti-money laundering in Malaysia. 
  
Court Cases
empty american style courtroomGenerally, there are 2 types of court cases, which are:
  1. Civil Cases
    A civil case involves a civil dispute between 2 or more parties. This happens when one party (called the plaintiff) claims that its legal rights have been affected by the actions or inaction of another party (called the defendant).
    The plaintiff seeks to resolve these conflicts through civil lawsuits by requesting courts to grant different types of orders, such as payment of monies against the defendant.  Examples of civil suits include:
    (a)            Individual disputes: Common disputes involving individuals are unpaid debts, eviction from homes, or divorce of marriage.
    (b)            Business disputes: This involves financial disputes over unpaid debts and corporate business between business owners, such as between shareholders.
    (c)            Other areas: Other disputes include intellectual property disputes (over infringement of intellectual property rights such as copyright and trademarks), invasion of privacy, real estate disputes, and commercial fraud.
  2. Criminal cases
    Criminal disputes happen when a crime is said to be committed, and the accused is charged in the courts. An example of an offence is criminal breach of trust.
 Lawyers’ Roles
female prosecutor presenting case in courtroomLitigation attorneys, or better known as ‘litigators’, play an important role in resolving legal disputes. With their legal expertise and practices, their purposes and roles in legal proceedings include the following:
  1. Develop legal strategies
    With knowledge of the related law/statute, the facts of the case, and the unique needs of the client, litigation lawyers perform case analysis and develop case strategies. A legal strategy is a version of the client’s case to be presented to the courts after considering factors such as the strengths and weaknesses of the case, legal needs, and other legal matters.
  2. Prepare documents and guidance
    A good litigator will be able to handle the complexity of each matter, including terms in the documents that seem complex. Other than that, a litigation lawyer will prepare necessary forms and court documents, such as pleadings, to present to the courts. As part of civil procedure, pleadings are legal documents that contain the parties’ strategy and are required to be prepared during a civil suit.
    Court procedures, court rules, and legal processes can be lengthy and complicated. Thus, the litigation lawyer can advise clients on the legal process and timelines, apart from fighting for the justice and rights of clients.
  3. Representation in the court
    In our civil court system, a skilled litigation lawyer can present legal arguments during the hearings to convince the judges to deliver court orders in their client’s favour. After the hearings and as in civil courts, the judge can pronounce a ruling to order the defendants to pay civil damages to the plaintiff.
    Different from a solicitor, a trial lawyer should have excellent advocacy and persuasion skills as part of their litigation skills to persuade the judge to rule in their favour.
  4. Exploring Alternatives to Resolve Disputes
    Apart from using the courtroom to resolve disputes, a litigation lawyer can also present other options to the clients. These alternative dispute resolution methods include arbitration, whereby the appointed arbitrators from institutions such as the Asian International Arbitration Centre (AIAC) act as the judges.
    However, dispute resolution methods/solutions to choose from depend on each legal case and the objectives of the clients. For example, a construction dispute is suitable to be settled through arbitration, but not land trespass disputes.
Choosing Lawyer
We understand it can be hard to choose a litigation law firm to represent you in your matters. However, here are a few tips on choosing the right litigation lawyers:
  1. Active dispute resolution practice
    That law firm should have a litigation department headed by civil litigation lawyers who have a good track record in court cases. It is common for a successful litigation lawyer to head a team of lawyers in his practice and act as counsel in high-profile cases.
  2. Reputation and Expertise 
    A successful litigation lawyer will also have a good reputation for excellent results and high-quality standards of client service.
  3. Transparent fees
    Although a good litigation lawyer’s fees are usually not cheap, you can expect there to be transparency in the methods of calculating legal fees.
If you need any general information or are looking for any specific services, do contact us and we will assist you.
Testimonial
My family company was sued by the neighbouring landowner for encroaching on their land. They claimed an amount of more than RM 200,000-00 for the damages.
I then engaged Mr. Wen Jie to represent me. What surprised me was that he personally went to the sites to inspect the lands. And we discussed with the other party for settlement but did not agree on it.
In the end, the Court reduced the damages payable by us by about 90%. We will recommend WenJie & Co. as chosen law firm in Malaysia as they are attentive and is competent to represent you in Court.
lee
Mr. Lee
Faq
What is a litigation lawyer?
A litigation lawyer is a lawyer who represents clients in lawsuits before the courts. There are 2 types of lawsuits, which are civil and criminal.
How to issue a letter of demand?
You can engage legal firms to issue a letter of demand. Part of a litigation lawyer's job is to prepare and issue a letter of demand to the other party. If you need these services and searching for a boutique firm, do contact us.
What is a letter of demand for defamation in Malaysia?
The content of a letter of demand for defamation usually includes requesting the other party to delete the defamatory statement and apologise.
It will be advisable to engage legal professionals in dedicated law firm to prepare this letter as they can take care of your interests and individual business needs, especially for business entity.
  
Can I ignore the letter of demand in Malaysia?
Ignoring a letter of demand is not advisable, as it may result in legal action. It is advisable to get assistance from a good litigation lawyer in Malaysia who can advise you.
  
What to do after LOD?
If the LOD does not work, then you can engage law firms to sue the other party through the court system. If you need any help or more information on these, do contact us.