Terms & Conditions

Introduction

These Terms and Conditions govern the professional relationship between Lotus Barristers and individuals or entities engaging our legal services. By contacting us for legal assistance or entering into a representation agreement, you agree to be bound by these terms.

Please read these terms carefully before engaging our services. If you do not agree with any provision, please do not proceed with obtaining legal services from our firm.

1. Definitions

For purposes of these Terms and Conditions:

• "We," "Us," "Our," or "Firm" refers to Lotus Barristers
• "You," "Your," or "Client" refers to the individual or entity engaging our services
• "Services" refers to legal services including will preparation, notarial services, tax representation, and related professional assistance
• "Agreement" refers to the engagement letter or service agreement between the Firm and Client
• "Matter" refers to the specific legal issue for which representation is provided

2. Formation of Attorney-Client Relationship

An attorney-client relationship is formed only when:

1. a)You have contacted us regarding a specific legal matter
2. b)We have conducted a conflicts check and confirmed we can represent you
3. c)We have provided you with an engagement letter outlining the scope of representation and fees
4. d)You have signed the engagement letter and returned it to us
5. e)Any required retainer or initial payment has been received

Informal communications, including initial inquiries via telephone, email, or our website contact form, do not establish an attorney-client relationship. No legal advice should be relied upon until a formal representation agreement is in place.

3. Scope of Services

Our representation is limited to the specific matter described in your engagement letter. We provide the following categories of legal services:

• •Will and Testament Preparation: Drafting testamentary documents, executor designation, asset inventory, and notarization coordination in accordance with Thai law
• •Notarial and Legalization Services: Document preparation, notarization coordination, Ministry of Foreign Affairs processing, and apostille or consular legalization
• •Tax Dispute Representation: Review of Revenue Department assessments, preparation of objections, attendance at administrative hearings, and negotiation with tax authorities

Work outside the agreed scope requires a separate engagement or amendment to the existing engagement letter. We will inform you if your matter requires work beyond the initial scope and will obtain your approval before proceeding.

Our services do not include court litigation, criminal defense, immigration matters, or areas of law outside our stated practice areas unless specifically agreed in writing.

4. Fees and Payment Terms

Fee Structure

Our fees are stated in the engagement letter and may be structured as:

• •Fixed Fees: A set amount for standard services such as will preparation, notarial services, or tax representation
• •Additional Costs: Government fees, notary fees, courier charges, translation services, and other third-party expenses are billed separately

Payment Terms

Unless otherwise specified in your engagement letter:

• Payment is due upon completion of services or as outlined in the engagement letter
• We accept payment by bank transfer, cash, or check
• Payment is in Thai Baht unless otherwise agreed
• Late payments may be subject to interest charges as permitted by law

Fee Disputes

If you believe our fees are incorrect or unreasonable, please contact us promptly. We are committed to resolving fee disputes amicably and in accordance with professional standards.

5. Client Responsibilities

As our client, you agree to:

• Provide complete and accurate information regarding your legal matter
• Promptly respond to requests for information or documentation
• Keep us informed of any changes in your circumstances relevant to the matter
• Attend scheduled meetings and consultations
• Review documents we prepare and provide timely feedback
• Pay fees and costs as agreed in the engagement letter
• Maintain confidentiality regarding any privileged communications
• Inform us immediately if you retain other counsel for the same matter

6. Professional Conduct and Ethics

We are bound by the Code of Professional Conduct of the Thai Bar Association and applicable legal ethics rules. This means:

• We maintain strict confidentiality regarding all client communications and information
• We avoid conflicts of interest and will not represent parties with adverse interests
• We provide candid advice even when it may not be what you wish to hear
• We will not assist in any unlawful activity or fraud
• We maintain competence through continuing legal education

If a conflict of interest arises during representation, we will inform you promptly and may need to withdraw from representation if the conflict cannot be resolved.

7. No Guarantees of Outcome

While we will provide diligent and professional legal services, we cannot and do not provide assurances regarding specific outcomes. Legal matters involve factors outside our control, including:

• Decisions by government authorities, courts, or administrative bodies
• Changes in applicable laws or regulations
• Actions or decisions of other parties
• Factual developments or evidence discovery

We will provide our professional assessment of your matter and work diligently toward achieving your objectives, but results cannot be predicted with certainty.

8. Limitation of Liability

To the maximum extent permitted by law and professional regulations:

• Our liability for professional negligence is limited to the fees paid for the specific matter
• We are not liable for indirect, consequential, or punitive damages
• We are not responsible for delays caused by government authorities, third parties, or circumstances beyond our reasonable control
• Our advice is based on Thai law as it exists at the time provided and may not account for subsequent changes

This limitation does not affect any rights you may have under applicable consumer protection laws or professional liability insurance coverage.

9. Termination of Representation

Your Right to Terminate

You may terminate our representation at any time by providing written notice. Upon termination, you remain responsible for fees and costs incurred up to the date of termination.

Our Right to Withdraw

We may withdraw from representation if:

• You fail to pay fees or costs as agreed
• You fail to cooperate or follow our advice on material matters
• Continued representation would violate professional ethics rules
• A conflict of interest arises that cannot be resolved
• You request us to engage in conduct we believe to be unlawful

Upon Termination

Upon termination of representation, we will provide you with your file and any documents belonging to you. You will remain responsible for all fees and costs incurred, and we will provide a final accounting. We may retain copies of documents as required by professional standards.

10. Dispute Resolution

In the event of any dispute arising from our representation:

1. Informal Resolution: We encourage you to contact us directly to discuss any concerns. Most issues can be resolved through direct communication.
2. Mediation: If informal resolution is unsuccessful, either party may request mediation by a neutral third party acceptable to both parties.
3. Arbitration or Litigation: Disputes not resolved through informal means or mediation may be submitted to arbitration or litigation as provided by Thai law.

Any dispute resolution proceedings shall be conducted in Chiang Mai, Thailand, in accordance with Thai law.

11. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the Kingdom of Thailand. Any legal action arising from these terms or our representation shall be brought in the courts of Chiang Mai Province, Thailand. You consent to the personal jurisdiction of these courts.

12. File Retention and Document Return

We maintain client files in accordance with Thai Bar Association requirements:

• Active files are retained for the duration of representation and five years thereafter
• Closed files are archived for ten years from matter closure
• Original documents belonging to you will be returned upon request or at conclusion of representation
• We retain copies of documents for our records as permitted by professional standards
• After the retention period, files may be destroyed in accordance with confidentiality protocols

13. Changes to Terms

We may update these Terms and Conditions periodically. Changes will be posted on our website with a revised "Last Updated" date. Your continued engagement of our services after changes are posted constitutes acceptance of the revised terms. Changes will not apply retroactively to existing representation agreements unless mutually agreed in writing.

14. Miscellaneous Provisions

Entire Agreement

These Terms and Conditions, together with your signed engagement letter, constitute the entire agreement between you and our firm regarding legal services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign your rights or obligations under these Terms or your engagement letter without our prior written consent. We may assign our rights or delegate our duties to another qualified attorney within the firm.