Working with a Thai Lawyer and the Lawyers Council Code of Ethics

Working with a Thai lawyer is a regulated process that ensures the needs of both the court and the client are met with the utmost regard. In Thailand, every Thai lawyer is expected to be a member of the Lawyers Council. The Lawyers Council is an institution that sets the ethical conduct of all Thai lawyers which they should follow to the letter. Failure to adhere to the rules will lead the Thai lawyer to be deemed to commit ethical misconduct.

The Lawyers Council has a set of code of ethics on how a Thai lawyer should behave towards the court, the client and other lawyers and litigators.

Ethic towards the court and in court

• A Thai lawyer should not refuse to act as a pro bono lawyer in a criminal case when a judge asks unless there is a reasonable excuse
• A lawyer must respect an authorization of the court
• A lawyer should not give a false statement, documentation or evidence to deceive the court
• A Thai lawyer should not be an accomplice whether directly or indirectly in producing false evidence, falsified witness testimonies, bribery or the concealing of information

Ethics towards a client

• A Thai lawyer should not incite a client to file a lawsuit without any probable cause
• A lawyer should not convince a client that they will win a case when they obviously know that they will not
• A Thai lawyer should not flaunt that they know better than any other lawyer
• A lawyer should not flaunt that they know someone who could give a privilege
• A lawyer should not disclose any confidential information about the client without their consent
• A lawyer should not be deliberately absent to an appointment or neglect a client’s case
• A lawyer should not obscure any information from the client or neglect to perform
• A Thai lawyer should not use any previous information from one party to assist another party interested in the same case
• The lawyer must not use any form of deceit
• A lawyer should not retain or possess the property or monies of a client beyond the time agreed upon without the client’s consent

Ethics towards other litigators

• A Thai lawyer must not compete, bid or promise to accept a case when there is another existing lawyer to the litigant
• A lawyer should not exaggerate about name, qualification, place or office in order to persuade clients when they are advertising themselves or others
• A Thai lawyer should not misbehave in a way that diminishes the dignity and pride of lawyers
• A lawyer should neither agree nor promise to give a commission to any employee in exchange for supplying a case

Ethics about dress code

• Male Thai lawyers should wear white or non-colourful clothes and closed shoes
• Women Thai lawyers should wear non-colourful blouses and skirts with closed shoes

The Lawyers Council code of ethics covers everything about the nature and work of a Thai lawyer and how they are to carry themselves. Hence, working with a licensed and registered Thai lawyer is hassle-free.

What is a Licensed Thai Attorney & How Can You Be One?

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Legal aid is a very sensitive issue because in many instances, it determines a person’s freedom in case they are in legal trouble or need legal help. It is therefore important to understand who is a licensed Thai lawyer and who is an unlicensed attorney. Why is this important? Having an incompetent legal representation can further worsen your legal situation.

According to the Thailand Lawyers Act B.E 2528, a Thai lawyer is defined as a person who has been registered as a lawyer and has been issued a license by the Law Society of Thailand. Form this definition, it is clear to see that a licensed Thai lawyer is a lawyer who has been issued a license by the Law Society of Thailand. Now, before a Thai lawyer is given this license, they must have an education in law.

In Thailand, no one can practice law or call themselves a lawyer if they have not had a law education, are not registered and are not licensed to practice. In other parts of the world like the United Kingdom, lawyers are divided into barristers and solicitors but a licensed Thai lawyer is just that: a licensed Thai lawyer. There are no such divisions. Furthermore, to be licensed as a Thai lawyer, lawyers in Thailand are not required to pass a bar examination like in the United States.

As mentioned, a Thai lawyer is given a license by the Law Society of Thailand. This society operates to promote, educate and supervise its members. In order to be part of the Law Society of Thailand, an individual must meet certain requirements including:

• Educational requirements which are that the candidate must have obtained a bachelor’s degree in law or an associate degree in law from an educational institution accredited by the Law Society of Thailand
• The individual must be a member of the Thai Bar Association

After becoming a member of the Law Society of Thailand, an individual can then be registered and obtain a lawyer’s license. In order to become a licensed Thai lawyer a candidate must complete training in professional ethics and the basic principle of advocacy and the legal profession. The Institute of Law Practice Training which is a part of the Law Society of Thailand runs this training course.

The course is usually divided into two terms:

• Term one, the candidate learns the theory of case conduct and professional ethics for not less than 90 hours.
• In term two, the candidate must practice working in a qualified law office for at least six months.

At the end of every term, an examination is held and after completion of the training course, a candidate can then apply for a license from the Law Society of Thailand.

So then, what is a licensed Thai lawyer? A licensed Thai lawyer is a lawyer who has met all the requirements laid out by the Law Society of Thailand, has successfully completed the training course run by the society and has satisfied the Law Society that they are deserving of a license to practice Thai law.

Tips for Choosing the Right Thai Law Firm

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When faced with serious litigation and legal problems, it is important to look for a law firm that has extensive experience in litigation procedures. You need to have set criteria that will help you choose highly competent attorneys. How then do you choose the right Thai Law Firm?

Ability and service

 

 

The first thing is that a Thai Law Firm should have the ability to obtain the results you desire. The firm should provide you with good service. One way of finding out about their abilities is to study the credentials and background of the firm’s attorneys. Moreover, the treatment you receive should also indicate what kind of service the Thai Law Firm gives to its clients.

Reputation and Experience

 

 

The reputation of a Thai Law Firm should be the primary consideration when making your choice. A Thai Law Firm with a good reputation means that the firm has experience, has won successful cases and has good credentials. People usually go for Thai Law Firms that have won high-profile cases because this is a key indicator of the law firm’s legal expertise and wide network.

Reputable Thai Law Firms specialize in areas like:

• Appellate court litigation
• Investment management
• Employer liabilities
• Real estate claims

The law firm must understand the nature of your business if you are a business owner. Furthermore, the Thai Law Firm should be capable of giving advice in simplicity without using complicated legal terminologies.

In conclusion, you should choose a Thai Law Firm whose reputation precedes them. Whether they are high profile or low profile firms, ensure that they have the relevant experience to handle your legal issues.

Budget considerations and resources

 

 

It is no secret that legal problems can be expensive. However, it is important to look at your budget. Well-known Thai Law Firms will charge exorbitant fees which may be beyond your budget’s reach. The alternative is to find less-renowned Thai Law Firms. This does not mean that such a firm is not as proficient as the popular and expensive firms. Understand that higher fees do not always equate to capable law firms. There could be reasons that contribute to the low fees that the firm charges.

You can look for Thai Law Firms within your budget from available resources and even from recommendations from people who have used the services of Thai Law Firms before.

Personal meeting

 

 

You must meet your prospects personally. Talking over the phone or communicating through emails is not enough. Face-to-face meetings are the best way to go about making a decision. In addition, it helps you know which filed the Thai Law Firm specializes in, since many law firms charge hourly rates, agree on a spending limit that is within your budget.

During your personal meeting, ask for a formal estimate. Find out about the lawyer’s background and verify all the information with directories of disciplinary agencies for law practitioners. Review the law firm carefully.

Use these tips to choose the right Thai Law Firm because choosing the wrong firm will give you regrets in the long run.

The Rights and Responsibilities as a Client of a Thailand Lawyer

It is interesting that it is not only Thailand lawyers who are guided by codes of ethics but clients as well. Every client of a Thailand lawyer has rights and responsibilities which they must adhere to if they want to receive the best service from a Thailand lawyer.

 

Let us begin with the rights of a client:

• A client of a Thailand lawyer has a right to be treated with courtesy and consideration at all times by the lawyer, other lawyers and all other personnel who may be lawyers or not in the lawyer’s office.
• As a client to a Thailand lawyer, you are entitled to the competent and diligent handling of your case with regards to the highest standards of the profession. If you feel unsatisfied with the way your case is handled, you have the right to discharge your attorney.
• A client of a Thailand lawyer has the right to the lawyer’s independent professional judgment and undivided loyalty which is uncompromised by conflicts of interest.
• A client has a right to be charged reasonable fees and expenses which the lawyer should explain beforehand and you can request for a written itemized bill.
• As a client, you are entitled to have your questions and concerns addressed promptly and receive communication in time.
• A client is also entitled to be kept informed at all times with regards to the status of the case.
• A client has a right to have their legitimate objectives respected by the Thailand lawyer.
• A client has the right to privacy for any communications with the lawyer.
• A client has the right to have their attorney conduct himself ethically according to the Thailand Lawyer’s Council Code of Ethics.
• A client has the right to receive legal aid regardless of sex, race, creed, colour, religion, age, nationality or disability.

 

The responsibilities of a client

• As a client of a Thailand lawyer, you must treat the lawyer and his or her staff with courtesy and consideration.
• It is your duty as a client to inform your lawyer of all facts and circumstances of the matter being handled by the lawyer.
• It is your responsibility as the client of a Thailand lawyer to honour the fee arrangement agreed upon with the lawyer.
• It is your responsibility as a client to pay the fees and expenses when they are due.
• It is your responsibility to honour any financial commitments agreed upon with a Thailand lawyer even the client discharges the attorney-client relationship.
• It is the responsibility of a client to reply to emails and phone calls from the lawyer within a reasonable time because the lawyer still has other clients to attend to.
• The client is responsible to maintain contact with the lawyer and respond to the lawyer’s requests.
• The client should know that lawyer will not advocate or propose positions that are unprofessional.

 

A client of a Thailand lawyer has not just rights but also responsibilities. The ball is in the court of the lawyer as well as that of the client.

Top Five Qualities That a Thailand Lawyer Must Have

There are skills that are necessary for any Thailand lawyer to have if they want to make it in their career. These skills are needed for an ideal career and they can be worked on and developed over time. What skills should a successful Thailand lawyer have?

Good communication skills

A Thailand lawyer must be orally articulate, have good written communication skills and lastly, be a good listener. Consider that practicing law as a lawyer is all about arguing in a court and not just plain arguing but postulating arguments that can convince juries and judges. Therefore, a Thailand lawyer cannot do without good public speaking skills.

Furthermore, a Thailand lawyer must be able to write clearly, persuasively and concisely in order to produce substantive legal documents.

Fortunately, all these skills can be developed overtime through practice.

Judgment

A Thailand lawyer must have the ability to draw reasonable and logical conclusions from limited information. In addition, a good Thailand lawyer must consider such judgments critically so as to anticipate potential areas of weakness in arguments.

Good judgment is not only useful for personal evaluation of weaknesses but also for spotting weaknesses in an opposition’s argument. A Thailand lawyer has to make a lot of important judgment calls and has no time to sit on the fence.

Analytical skills

The study and practice of Thailand law involves absorbing large quantities of information and distilling it into something manageable and logical. A Thailand lawyer will be faced with situations where there are more than one reasonable conclusions or more than one precedents applicable in resolving a situation.

Hence, it is paramount that a Thailand lawyer have evaluative skills in order to choose the most suitable option.

Research skills

Generally, lawyers attend to different client needs. The legal needs of one client though similar to another may require a different approach altogether.

A Thailand lawyer must be able to research quickly. They must also be able to understand their clients, their needs and prepare legal strategies that address the specific needs.

Every day, there is new information to be consumed about law. A Thailand lawyer must therefore absorb and comprehend large amounts of information if they want to effectively prepare legal strategies. For a Thailand lawyer, carrying out research is not an option. It is a necessity.

People skills

Being a lawyer is not an abstract practice. A Thailand lawyer maybe goo academically but if they are unable to work with people, then effectiveness is not within their reach. A Thailand lawyer works with people and makes decisions that have the potential to affect people’s lives. As a result, a Thailand lawyer must be personable, persuasive and able to read others. With this skill, they will be able to decide on the best approach that leads to the desired outcome.

A good and successful Thailand lawyer must exemplify these skills. These skills are within reach of every Thailand lawyer who can choose to practice them and perfect them.

Cases Handled by Thai Civil Lawyers

The civil cases in Thailand are civil actions brought before courts where a party sues another for the enforcement or protection of a right or for the prevention or readdress of a wrong. Thai civil lawyers handle a lot of civil cases with the predominant Thailand civil cases involving divorces, breach of contract and collection of sum of money. However, before a Thai civil lawyer files a civil lawsuit, there are several factors that are taken into account which include:

• The proper designation of the case
• The jurisdiction of the case
• The jurisdiction of the court
• The determination of the proper parties

Without proper determination of these factors, there will be serious consequences for example the early dismissal of the suit.

The civil cases that Thai civil………..read more

Tips to Select Right Law Firm In Thailand

Choosing a Right Law Firm in Thailand is not that Easy. Thus, avoid the mistake that many people make by thinking that the offense is not complex and thus no need for an attorney. No offense is too small. You may end up into court penalties, loss of valuable properties, and your driving license cancellation or end up spending years serving a jail term.

Work with the Best Thai Law Firm that specializes in Cases you have been convicted with

Now that you need a Thailand lawyer, how can you be sure that you have contracted the top law firm in Bangkok, Nong Khai, Pattaya or Thailand? The first thing is to identify the category of your case. Is it a criminal offense, assault, DUI, drug crime, Child abuse, bribery, or fraud? There are various law firms in Thailand, all claiming to be the best, but is this always the case. Not every attorney can handle any case. The days of looking for a general attorney are over. Only work with that Thai Law Firm who specializes in that specific area that matches your court conviction.

Have You Done A Thorough Research?

For you to get the best top Thai Law Firm, you need to do a thorough research and enquiries. But isn’t this a taxing exercise for you? We are here to help you with great ideas and inspirations that will make your experience of identifying the best Law firm in Bangkok or Thailand as painless as possible.

Engage Only A Fully Registered Popular Law Firm In Thailand

Always go for the Thai Law Firm that is fully registered and licensed and known to have been in existence for at least 15 years. The reputation of their Thailand lawyers should be good. A law firm that is known to take cases through successful court trials is the best for you. Experience matter a lot- not every attorney can take a case through to the trial stage. Many cases are dismissed before they reach the trial stage. Judges at times takes to read more visit http://www.thailand-lawyer-bangkok.com/tips-select-right-law-firm-in-thailand/

Thailand’s Law on Fraud | Garn Tuntasatityanond & Associates

Fraud takes place when and individual gains a valuable this such as property or money, by misrepresenting matter of fact. The right Thailand lawyer can determine if you end up in jail or stay free. Fraud often takes in selling and buying of property, especially stocks and real estate or through falsification of legal reports such as taxes.

In Thailand, a case on fraud can be prosecuted as a civil action, a criminal action or both civil and criminal action with criminal Thailand lawyers defending the accused.

If the fraudulent person both cheated and defrauded by misrepresenting who they are, or by taking advantage of another’s lack of intelligence such as by lying to a child or mentally challenged individuals, they can be liable to up to five years in jail should the Thailand court find them guilty of fraud. Having a good Thailand lawyer is important if you want to stay out of jail.

Public fraud occurs when a fraudulent person asserts false information to the public or conceals pertinent information from the public. For public fraud in Thailand, the offender can be imprisoned for a period of five years or less or get a fine not greater than ten thousand Baht, or get both a jail sentence and fine. A good Thai Law Firm can get you acquitted.

If any individual dishonestly contracts the services of ten people or more in Thailand to do work for them or for another party without intention of paying them for their work, then they stand a chance of getting imprisoned for a period of three years or less. Get a good lawyer in Thailand to represent you in court.

If one takes a reprieve in a hotel, uses the facility for accommodation, meals and drinks with the knowledge that they cannot pay the bill for the services in Thailand, they can be imprisoned for a maximum of three months. You will need a legal representative to represent you in court.

When fraud involves stealing of property or inducing an individual lacking in intelligence or mental capacity to get rid of stolen property in Thailand, they can receive a prison sentence of up to two years, a fine of an amount not greater than four thousand Baht or both.  In such a case, the prosecutor must be able to demonstrate that the person induced to commit the crime is intellectually incapable of comprehending the essentials of their act. Hire a good lawyer in Thailand in such a case is important.

Insurance fraud is another form of fraud that commonly takes place in Thailand. It involves one obtaining the benefit of insurance in a malicious manner that could pose a danger to the specific item insured. They risk getting a prison sentence of up to five years. Make sure you get representation from a competent and experienced lawyer in Thailand.

This is just an overview of some of the common activities that fall under the crime of fraud in Thailand, and the repercussions that follow.

Whether you’re a foreigner being charged with the crime of having committed fraud or are accusing someone of having defrauded you, you will need the right legal representation from competent, English speaking Thailand lawyers with experience in fraud trials. Garn Tuntasatityanond Law Firm Thailand lawyers will give you the best outcome.

Thailand Lawyers: A Team to Count On

Thailand lawyers is one of the best that could ever hire for the purpose of defense against any alleged crime whatsoever committed by our client. Our Thai Law Firm have skilled, experienced and English speaking lawyers to serve the best legal services in Bangkok, Pattaya, Nong Khai and more. The environment inside the court is quite the other way around than the one in which a normal man breaths outside the courts. The internal atmosphere is so tensed and depressed that a man cannot even breathe if it is not for a strong defense lawyers at his side.

Ranging from a strong defense team representing the clients on trial cases, we have the best men and women who are in perfect place to defend the clients who are facing the charges of criminal suits and are detained without any viable evidence against them. The charm of our professionalism has attracted many international clients which include the Russian embassy and Australian embassy in Thailand. The team of Thailand lawyers has been hired by the embassies to protect their foreign officials and their subjects who are visiting Thailand but ended up in jail due to the reason of breaking any law.

The embassies have granted our lawyers full immunity towards exercising any law whatsoever in order to bring their subjects back to their respective safe havens with ease and comfort. Thailand is a country where the laws are very strict and is full of such heavenly beautiful places which prove to be the den for tourists. The tourists come flogging to the places in Thailand just has a glimpse to a heaven on the earth. Beautiful landscapes, beaches, motels, bars and pubs are on special price hike in the days when the season is on.

These are modern times during which you cannot expect the tourists to follow the maxim “Do in Rome as Romans do”. The reason is, technological revolution has changed the world in many ways. Now there are no any kinds of cultural or geographical barriers which require you to act as the inhabitants of the place are doing. The Thailand lawyers are well aware of the fact and they are quite familiar with the norms and lavishness of the foreigners as well. Especially the lucrative offers and riches displayed by the Arab tourists are one their kinds. In a country where the government writ is pretty strong, you cannot expect a law-breaker to stay at large for more than just a couple of minutes.

When these tourists are detained for unlawful behavior, they get pretty shocked to know that they are going straight to jail because they have no one in Thailand to represent their motive in front of the judges who don’t even understand a word of foreign language. Now, there is no need of getting worried because one of the best Thai Law Firm is always here to protect you. Our competent and well-qualified lawyers are here to represent your motives if you are from a foreign country and we will make sure you are granted the bail pleas considering the damage you have done just for the reason that you were unaware.

Get Marriage Certificate with Much Ease from Thai Law Firm

Thai Law Firm also provides Marriage Certificate to save your time and money. We all know that the Marriage is an amazing relationship that unites two people with each other. Thus, getting a marriage certificate is necessary to make it legally accepted or obtain other facilities associated with a married person. It requires some legal processes, and many people consider it difficult due to time consumption. The process becomes more sophisticated when you are a foreigner and marry a Thai individual. In such a situation, you can get help from Thai lawyers to save your valuable time and money.

With the assistance of Thailand lawyers, you can get your marriage certificate with much ease and deal the paper work and legal issues without visiting the offices of concerned officers. Lawyers in Thailand will inform you about the difference between marriage license and marriage certificate and provide you what you are actually looking for. Moreover with, they will inform you about the exact time period required to get a legal marriage certificate, so you don’t have to come again and again. Thailand lawyers help you out in the following ways to get a marriage certificate.

Visit the Embassy

Thai law doesn’t let any foreigner marry in Thailand without the permission of the government. They go with you to the embassy and fill your forms. They inform you about the required documents, for instances, your passport and identity cards. You must submit your previous marriage record if you have any. Divorce certificate and separation papers are mandatory to submit before getting a marriage certificate.

No Language Barrier

Language is a great barrier when it comes to an understanding the legal terms and laws of Thailand. The Best Law Firm in Bangkok, Pattaya, Nong Khai makes it easy by translating the complete document in English so that it could be more clear and conceivable. Usually, it takes 200-250 Baht when you hire a translator in Thailand, but you can’t say anything about his authenticity. You get mental satisfaction and ease when you hire a Lawyer in Thailand.

Thai Consular Affair Authentication

The final step is getting the form and filling it. You need to submit the photocopy of your passport and visa, a copy of fiancé’s ID card, and letter of affirmation you get from the office. Give these documents to your lawyer sop he may use them for further process. During the whole process, you also need two witnesses who can be your close friends or family members.

Law Firm in Pattaya, Bangkok, Nong Khai offers great services to get marriage certificate which saves you from hectic legal processes. All you just needed is to enjoy your wedding and leave rest to your lawyer happily. You will definitely get peace of mind and ease. Hiring a lawyer from one of the best Thai Law Firm saves your time which you can utilize in your wedding arrangements. After getting a marriage certificate, you get legal right to live and move freely in with your spouse and apply for marriage concession. Lawyers in Thailand will advice to follow some legal steps to acquire marriage certificate as Thai law is stern about it and you have to face dire consequences if you violate marriage law to get a marriage certificate.

Garn Tuntasatityanond & Associates is the largest Thailand Law Firm, oldest criminal law, civil law, family law firm. We’ve experienced attorney, lawyers in Nong Khai, Pattaya, Bangkok Thailand.