No win no fee

‘No win no fee’ describes an arrangement where a lawyer’s payment depends entirely on winning the case. In Malaysia, this type of conditional or contingency fee agreement is generally not permitted for contentious litigation under the rules governing the legal profession.

This differs from some other countries, where ‘no win no fee’ arrangements for lawsuits are common and heavily advertised. In Malaysia, lawyers are instead paid through agreed fee structures set out before the work begins, regardless of the case outcome.

Anyone promising a ‘no win no fee’ arrangement for a Malaysian lawsuit should be asked to explain exactly how that fits within the applicable rules, since a genuine understanding of the actual fee structure matters more than the label used.

When it matters

Ask for a clear, upfront explanation of how fees work before instructing anyone, rather than relying on a catchy phrase.