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

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 Lawyer & How Can You Be One?

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

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.


What to Look For in a Thailand Lawyer

A Thailand lawyer can help you move through the different stages in life whether it is concerning marriage, buying and selling a property, starting a business, extending your visa or composing a will. The assistance from the right Thailand lawyer can mean the difference between an easy and efficient transition. For example, if you are moving to Thailand, the first point of contact should be with a Thailand lawyer to arrange your business from the start.

The issue is then about choosing the right Thailand lawyer. Before you choose a lawyer, you must first identify the legal services you need and then look for available options.

Expertise

As mentioned, before you choose a Thailand lawyer, you must first define your legal needs so that you can find out if the lawyer you wish to choose has experience in working with situations like yours. While a lawyer with extensive experience in setting up businesses is still a qualified lawyer, they may not have the expertise to help you with an arbitrated divorce.

To find out the depth of expertise of the Thailand lawyer, just contact your potential choices and as questions about their experience and fields of expertise. Since lawyers value their reputations, they will freely talk to you about the areas they are experienced in. an honest lawyer should tell what they can and cannot do.

Professionalism

The foundations of a professional relationship with a lawyer are communication and trust without which it is impossible to have a rapport. A good Thailand lawyer will display his/her credentials and areas of expertise. The lawyer’s website could give you the profile.

A Thailand lawyer with professionalism will respond effectively to your important concerns. He/she will be clear in communicating especially regarding how the fees and services work. Another indicator of professionalism is good language skills. Language skills are necessary for legal situations. You should be confident that the Thailand lawyer has the ability to explain things to you with clarity.

A professional Thailand lawyer will explain to you any situation that may be a limitation as they offer their service to you e.g. foreign lawyers cannot practice law and argue cases in court.

Last but not least, a professional lawyer will always keep you in the loop and keeps any progress transparent by allowing you to have access to your legal file.

Fees

Thailand lawyers can be expensive. Nevertheless, finding the cheapest lawyer is not usually the best decision. Higher fees are generally taken to be a reflection of comprehensive services but you should be interested in knowing what you will get by paying a certain fee. A good Thailand lawyer will help you set up a payment plan. However, other lawyers will request for the 100% fees upfront depending on your legal situation.

 

Whichever the case, make sure that you are paying the right Thailand lawyer. Be confident in their skills and expertise before you pay them. Stay within your budget. Cheap is in many cases expensive but high fees and not surety of capability.

When finding the right Thailand lawyer, have an open mind. Properly assess and vet a lawyer before you hire them.


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.


Hiring a Criminal Lawyer in Thailand

Criminal cases in Thailand are no joke and should be taken with the utmost seriousness they deserve. This means that is important to hire a Thai criminal lawyer who knows what he/she is doing in order to resolve your problems effectively and efficiently.

How you should hire a Thailand criminal lawyer

  1. Do your research

It is important that you do your research before you hire a Thailand criminal lawyer. There are plenty of places where you can do your research. Some simple internet searches are one way. The other way could be asking people for recommendations about hiring a Thailand criminal lawyer. Observe those names that keep popping up in a positive light and take not of them. By doing your research, you will be able to narrow down to a handful of criminal lawyers, firms, and addresses to check out.

  1. Check with the correct authorities

When you are looking to hire the services of any professional, qualifications are the first thing you look for. In the same way, you should look at the qualifications of a Thailand criminal lawyer before you hire them.

Now that you have shortlisted the criminal lawyers you are likely to hire, you must verify the qualifications of those lawyers. You must also verify whether they are in good standing with the legal governing bodies. In Thailand, qualified criminal lawyers are:

  • Licensed by the Law Council of Thailand
  • Registered with the country’s Bar Institute

Find out whether the criminal lawyer you want to hire is registered under these associations. These associations can also provide you with details of how long the particular lawyer has been practicing or which law school they graduated from and even if they have had any infractions with authority.

By following these steps, you are assured that the criminal lawyer is qualified.

  1. Schedule a meeting and ask questions

When you have successfully verified that a lawyer is qualified, the next step is to schedule an introductory meeting either in person or over the phone. Begin by asking the criminal lawyer how they would handle a certain case and compare their point of view with yours.

You should also have a list of questions to ask the prospective criminal lawyer. Some questions include:

  • Do you have any prior experience in handling cases like mine?
  • If you have, what were the results?
  • A simple layout of the fees?
  • The preferred method of communication?
  • How soon should I expect feedback concerning my case?

Ask any questions you have and be thoroughly satisfied with the answers that the criminal lawyer will give you before you hire them.

  1. Always trust your instincts

You will work closely with the criminal lawyer you hire. Consequently, you must ensure that you have a good rapport with them. You should be able to trust your criminal lawyer and be able to feel comfortable and confident in their abilities. Pick up any nonverbal cues.

Eventually, hire a criminal lawyer who you are most comfortable working with. There are many good Thailand criminal lawyers, you just need to know how to hire the right one.

 

 


What you should expect from your Thailand lawyer?

Apart from being acknowledged with the Thailand lawyer‘s expertise, experience, fees, special knowledge, and management of the case; Lawyer communication, competency, ethics, and fees are important aspects of an attorney-client relationship.

As a summary you can expect your Thailand lawyer to do the following importantly:

• Give you advice about your legal situation in Thailand

• Tell you what he or she thinks will happen in your case

• Not reveal anything you tell him or her in confidence. There are some exceptions to this rule in, for example, certain life-threatening situations.

• Give you an estimate about what your case should cost

• Allow you to make the important decisions regarding your case

• Keep you informed about your case

• Assist you in any cost-benefit analyses that you may need

• Inform you of any changes, delays or setbacks

• Keep you updated on your case.

• Give you the information you need to make good decisions

• Exercise independent professional judgment on your behalf.

• Keep in communication with you

• Prepare you for your case, including deposition and trial preparation. Your lawyer should:

• Represent you zealously and use all lawful and ethical means to present or defend your case.

• Act ethically and abide by the Rules of Professional Conduct and the California Business & Professions Code.

• Allow you to make the final decisions regarding how your case will be handled.

• For tips on finding a Thailand lawyer, http://www.thailand-lawyer-bangkok.com/things-consider-selecting-thailand-lawyer/ guide finding the best Thailand Lawyer.

Basic Things to always remember while hiring a Thailand Lawyer

1. Your Thailand lawyer should give you a basic description of your legal matter and let you know what problems to expect, how they’ll be handled, and when things will happen. And of course, your lawyer should promptly return phone calls and answer your questions.

2. When you hire a lawyer in Thailand, make sure that your fee agreement is in writing. That’s the law in some states, and it’s always a good idea. The agreement should specify how often you will be billed and should obligate the lawyer to provide an itemized statement. If you’ve agreed to pay your lawyer a contingency fee (the lawyer collects only if you win), be sure you know exactly how the fee is calculated and who pays for costs that arise while the lawsuit is in progress.

For further information, visit www.thailand-lawyer-bangkok.com or call at 662-681-2611,  02-681-2611


The Best Law office of Thailand Lawyers

Looking for the best lawyers in Thailand? Welcome to the law office of Garn Tuntasatityanond & Associates, featuring the best Thailand lawyers from across the country. To get started with hiring, contact us now. If you haven’t hired a lawyer before, you may consult us, we can help you thorough Hiring the best Thailand Lawyer and to the Thai Legal System.

How our Thailand Lawyers can help you?

Don’t be intimidated by the thought of hiring a lawyer in Thailand.  Our job is to help you find the best solution to your legal issue.  Here are some examples of when it is best to hire a lawyer in Thailand:

  1. You’re facing a family problem such as divorce or child custody dispute
  2. You were in a car accident or suffered an injury
  3. You were accused of a crime, DUI, or other violation

If any of these sounds like you should concern several lawyers before choosing one.  Take a Step Further with us by browsing or searching for the best lawyers who match your legal needs in Thailand.

Our Areas of Practice

Law office of Garn Tuntasatityanond & Associates includes various core areas of law which are then broken down into sub areas of practice. We provide information on Thai Laws. An abundance of information dealing with the specific area of law is also integrated into each page. Learn more about some major areas of practice in Law office of Garn Tuntasatityanond & Associates.

Certified Criminal Trial Lawyer

Criminal Law

Garn Tuntasatityanond & Associates is dedicated to representing foreigners in Thailand who have been accused of crimes and are looking for superior defense and vindication. Garn Tuntasatityanond & Associates also represents clients who are victims of crimes and who are seeking resolution. We represent clients for All Types of Crimes

Licensed Legal Representation

Civil Law

We represent clients for In All Types of Civil cases including Civil Litigation, Real Estate Disputes, Partnership & Shareholder Disputes, Defamation Claims, Medical Malpractice, Personal Injury, Breach of contract, Trade disputes, Employment disputes and many other types of disputes.

Concerned Advocates

Family Law

Family laws matters involving divorce or child custody can often be emotionally charged processes for the participants. These matters can result in children being taken away from their parents and often involve the distributions of significant sums of money.

Get Out Of Jail

Bail Bond

Garn Tuntasatityanond & Associates law firm is registered with the Lawyer’s Council of Thailand. Garn Tuntasatityanond is not only a fully accredited and licensed lawyer he is also a Barrister. A Barrister is the highest level of lawyer citification in Thailand. Only Barristers are qualified to be judges, if they so choose.


Why hire Thailand Lawyers for Family Law Cases in Thailand

Family law in Thailand encompasses any family-relevant matters in the country mainly child adoption (quite uncommon in Thailand), divorce, and marriage. Foreigners living in Thailand and thinking about adopting any Thai children or getting married in the country should seek consultation from Thailand lawyers before proceeding with anything.

Your Thailand family lawyer represents you every step of the way when you are filing a lawsuit. During lawsuit filing, you should consider several factors namely determining the relevant parties to the case, determining the court’s jurisdiction, and designating the court accordingly. Such factors, among others, will make it imperative to seek the assistance of a Thailand lawyer, particularly one who is adept at handling family law cases.

The services provided by our Thailand lawyers include but are not limited to marriage consultation, child custody, prenuptial agreements, child adoption, divorce, and marriage registration. You need the services of a Thailand lawyer especially when putting together personal legal documents, notary services, private agreements, public instruments, and more.

We have established our clientele based on our genuine reputation for offering high-quality legal services not only in family-related issues, but also corporate or business related matters, criminal, and civil law. Our Thailand lawyers are professionals in their relevant areas of expertise so you can be secure in the fact that you will be receiving only the best legal services. We believe in resolving matters in a manner that is both cost-efficient and conciliatory. Our Thailand lawyers offer insight on all matters Thai family law seeing as we have vast experience in handling custody disputes or writing up alimony claims.

If you plan to marry while in Thailand, then a Thailand lawyer will help you register your marriage at a local district office for the union to be considered legitimate. Muslims in Thailand should also seek the assistance of a Thailand lawyer if they want to get married in Thailand for an Islamic marriage to be arranged and then registered in the country.

It is crucial that you seek counsel from a Thailand lawyer if you plan to divorce in Thailand because they can offer you support and advice. You can choose between a divorce by consent and a litigated divorce depending on the circumstances of your situation. If you are going through a divorce, then you are better off if you know the grounds for the divorce in Thailand so you can know the best way of going about it. Alimony and child custody will come up during the conversation with your Thailand lawyer on divorce. Such cases can be complicated especially across borders.

Your lawyer will also help you draft a prenuptial agreement if you want to get married in Thailand and you want to make sure your property is protected.

A last will and testament will be necessary if you have retired while in Thailand; you will also need to add it to your retirement visa and our family Thailand lawyers can assist with this process. You should have a retirement for your home state and one for Thailand to save time and money following your passing.


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