How To Take Action Against A Lawyer Who Tired To Commit Fraud?

[Xresident]

Dear Gurus,

First of all please forgive me if I posted this question in the wrong topic/thread. I have been a regular visitor to this forum and I really appreciate that there are lot of great advises, information and guidance from many members and that is why I thought I must post this question.

I had a very bad experience with my Lawyer. In fact he was on the verge of collecting the funds using my so called Power of Attorney without my knowledge. Basically I signed a piece of paper as requested by him while I was in my native country and send it back to Thailand, assuming that he will use it for negotiations only with the other party although there is a clause that he can collect money as well. However, he managed to negotiate with the other parties and almost obtained the cheque in his name. However, I was able to identify it on time and had cancelled his POA. After getting exposed he started threatening me for canceling the POA without his knowledge, then terminated his services and demanded his outstanding fees, negotiation fee etc. although he did not provide the services in a professional and transparent way.

Is there any organizations like Bar Association in Thailand which I can lodge a complaint? I have clear evidences against him such as the forged POA with witness signatures, his signature etc. and I can prove that I was resident in my native country on the POA date. Also he covered up the entire dealings with the other parties and provided me falsified information. Now I am directly dealing with the other party for the settlement.

My intention is to pay him first as per his demands, although he did not provide the services as per the agrement and tried to cheat me. Later I intend to take legal action against him. Is it the right path? I don't have much time left to stay in Thailand due to visa expiry. Also if he turns nasty and files any case against me I may get held up here. Any advise would be greatly appreciated.

Thank you in advance,

Xresident

[churchill]

Forget it - Its not worth the hassle .

[MacWalen]

I agree. Not worth the lost time. They will not do anything in my opinion. In the future as a warning for others it is a good thing to check references but still it can be dangerous. I would go with a gut feeling, if you feel someone is a crook he just as well might be. It is harder to deal with a real con artist though.

[TheLaughingMan]

The Thai way would be to have him wacked, just something to add to your list of options.

[simon43]

Basically I signed a piece of paper as requested by him while I was in my native country and send it back to Thailand, assuming that he will use it for negotiations only with the other party although there is a clause that he can collect money as well

Not sure he did anything wrong - you gave him POA to collect money and that is what he was doing. Did your POA say that he was not allowed to collect cheques in his own name?

Simon

[surayu]

i am not sure of which one would be a good lawyer here but i can surely advise you from which particular one to stay well away from....with great sorrow i have to inform you that we are living in a world full up with little greggyes....not easy to find an honest person anymore

[Xresident]

Basically I signed a piece of paper as requested by him while I was in my native country and send it back to Thailand, assuming that he will use it for negotiations only with the other party although there is a clause that he can collect money as well

Not sure he did anything wrong - you gave him POA to collect money and that is what he was doing. Did your POA say that he was not allowed to collect cheques in his own name?

Simon

Simon43 - I had no problems if his dealings were transparent and professional. He tried to cover-up till I discovered and revoked his POA. Then he started threatening me with civil, criminal actions, blacklisting in immigration etc. for revoking his POA without his knowledge, he lost prestige, he lost face etc., if I don't pay his fees (I paid up partially and will pay the remaining soon).

My question is even if after I paid up will he be able to frame me with some false accusations to harass me because I exposed him? Will a settlement agreement after paying up will help. I guess I need help from another Lawyer for this.

Thank you all for your responses

Xresident

[joskydive]

Dear Gurus,

First of all please forgive me if I posted this question in the wrong topic/thread. I have been a regular visitor to this forum and I really appreciate that there are lot of great advises, information and guidance from many members and that is why I thought I must post this question.

I had a very bad experience with my Lawyer. In fact he was on the verge of collecting the funds using my so called Power of Attorney without my knowledge. Basically I signed a piece of paper as requested by him while I was in my native country and send it back to Thailand, assuming that he will use it for negotiations only with the other party although there is a clause that he can collect money as well. However, he managed to negotiate with the other parties and almost obtained the cheque in his name. However, I was able to identify it on time and had cancelled his POA. After getting exposed he started threatening me for canceling the POA without his knowledge, then terminated his services and demanded his outstanding fees, negotiation fee etc. although he did not provide the services in a professional and transparent way. Can you provide proof of these threats?

Is there any organizations like Bar Association in Thailand which I can lodge a complaint? Yes, you can look it up on the internet I have clear evidences against him such as the forged POA with witness signatures, his signature etc. and I can prove that I was resident in my native country on the POA date. Also he covered up the entire dealings with the other parties and provided me falsified information. Can you confirm this in any way? Can you get written witness statements to this effect? Now I am directly dealing with the other party for the settlement.

My intention is to pay him first as per his demands, although he did not provide the services as per the agrement and tried to cheat me. Do you have a written agreement with him? It will be required. Later I intend to take legal action against him. Is it the right path? I don't have much time left to stay in Thailand due to visa expiry. There is a time limit in which you have to lodge your complaint but you would have to check with a Lawyer what that limit is. Also if he turns nasty and files any case against me I may get held up here. Any advise would be greatly appreciated.

It would be highly likely that he will reciprocate with allegations of Defamation.

Thank you in advance,

Xresident

If you wish to take a case against this Lawyer and have all the proof required you will need to find another Lawyer who is prepared to take your case. You can also file a complaint with the Police.

The Criminal Code

Chapter 5

Offence of Misappropriation.

Section 353

Whoever, to be entrusted to manage the other person's property which the other person to be the co-owner, dishonestly to do any act contrary to oneself duty by any means whatever, up to cause the danger to the benefit on account of being the property of such other person, shall be imprisioned not out of three years or fined not out of six thousand baht, or both.

Section 354

If the offence under Section 352 or 353 be committed by the of fender in the status of being an executor or administrator of the property of the other person under the order or under a will, or in the status of being a person having an occupation or business of public trust, the offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand baht, or both.

Bear in mind that you will have to be present in the country when the case comes to court and I would imagine that your new Lawyer will require your presence while he is making the case aswell.

(9) Please see below under Section III the classes of membership in the Thai Bar Association.

(10) Section 35 of the Lawyers Act B.E. 2528 (AD 1985) provides as follows:

"Section 35. An applicant for registration and a License shall have the following qualifications: (1) being of Thai nationality; (2) being at least twenty years of age; (3) having a Bachelor's Degree or an Associate Degree in law or a certificate in law equivalent to a Bachelor's Degree or Associate Degree from an educational institute accredited by the Law Society of Thailand, and must be a member of the Thai Bar Association; (4) not being a person of indecent behavior or delinquent morals or a person whose conduct is indicative of dishonesty; (5) not being imprisoned by a final judgment; (6) never having been imprisoned by a final judgment for an offence which, in the Board's discretion, will impair the integrity of the profession; (7) not being bankrupt by a final judgment; (8) not having an ailment which is contagious and repugnant to the public; (9) not being physically disabled or mentally infirmed which may cause professional incompetence; (10) not being a government official or a local government official with permanent salary and position except a political official."

Edited May 27, 2009 by joskydive

[BWFC]

Dear Gurus,

First of all please forgive me if I posted this question in the wrong topic/thread. I have been a regular visitor to this forum and I really appreciate that there are lot of great advises, information and guidance from many members and that is why I thought I must post this question.

I had a very bad experience with my Lawyer. In fact he was on the verge of collecting the funds using my so called Power of Attorney without my knowledge. Basically I signed a piece of paper as requested by him while I was in my native country and send it back to Thailand, assuming that he will use it for negotiations only with the other party although there is a clause that he can collect money as well. However, he managed to negotiate with the other parties and almost obtained the cheque in his name. However, I was able to identify it on time and had cancelled his POA. After getting exposed he started threatening me for canceling the POA without his knowledge, then terminated his services and demanded his outstanding fees, negotiation fee etc. although he did not provide the services in a professional and transparent way.

Is there any organizations like Bar Association in Thailand which I can lodge a complaint? I have clear evidences against him such as the forged POA with witness signatures, his signature etc. and I can prove that I was resident in my native country on the POA date. Also he covered up the entire dealings with the other parties and provided me falsified information. Now I am directly dealing with the other party for the settlement.

My intention is to pay him first as per his demands, although he did not provide the services as per the agrement and tried to cheat me. Later I intend to take legal action against him. Is it the right path? I don't have much time left to stay in Thailand due to visa expiry. Also if he turns nasty and files any case against me I may get held up here. Any advise would be greatly appreciated.

Thank you in advance,

Xresident

Settle the outstanding and move on, you will achieve nothing except for a head ache for yourself. Pisses you off I know but the hassle you have had is nothing compared to what you will get if you pursue it.

Let us know who the lawyer is also so we can stay clear!

[Xresident]

Dear Gurus,

First of all please forgive me if I posted this question in the wrong topic/thread. I have been a regular visitor to this forum and I really appreciate that there are lot of great advises, information and guidance from many members and that is why I thought I must post this question.

I had a very bad experience with my Lawyer. In fact he was on the verge of collecting the funds using my so called Power of Attorney without my knowledge. Basically I signed a piece of paper as requested by him while I was in my native country and send it back to Thailand, assuming that he will use it for negotiations only with the other party although there is a clause that he can collect money as well. However, he managed to negotiate with the other parties and almost obtained the cheque in his name. However, I was able to identify it on time and had cancelled his POA. After getting exposed he started threatening me for canceling the POA without his knowledge, then terminated his services and demanded his outstanding fees, negotiation fee etc. although he did not provide the services in a professional and transparent way. Can you provide proof of these threats?

Is there any organizations like Bar Association in Thailand which I can lodge a complaint? Yes, you can look it up on the internet I have clear evidences against him such as the forged POA with witness signatures, his signature etc. and I can prove that I was resident in my native country on the POA date. Also he covered up the entire dealings with the other parties and provided me falsified information. Can you confirm this in any way? Can you get written witness statements to this effect? Now I am directly dealing with the other party for the settlement.

My intention is to pay him first as per his demands, although he did not provide the services as per the agrement and tried to cheat me. Do you have a written agreement with him? It will be required. Later I intend to take legal action against him. Is it the right path? I don't have much time left to stay in Thailand due to visa expiry. There is a time limit in which you have to lodge your complaint but you would have to check with a Lawyer what that limit is. Also if he turns nasty and files any case against me I may get held up here. Any advise would be greatly appreciated.

It would be highly likely that he will reciprocate with allegations of Defamation.

Thank you in advance,

Xresident

If you wish to take a case against this Lawyer and have all the proof required you will need to find another Lawyer who is prepared to take your case. You can also file a complaint with the Police.

The Criminal Code

Chapter 5

Offence of Misappropriation.

Section 353

Whoever, to be entrusted to manage the other person's property which the other person to be the co-owner, dishonestly to do any act contrary to oneself duty by any means whatever, up to cause the danger to the benefit on account of being the property of such other person, shall be imprisioned not out of three years or fined not out of six thousand baht, or both.

Section 354

If the offence under Section 352 or 353 be committed by the of fender in the status of being an executor or administrator of the property of the other person under the order or under a will, or in the status of being a person having an occupation or business of public trust, the offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand baht, or both.

Bear in mind that you will have to be present in the country when the case comes to court and I would imagine that your new Lawyer will require your presence while he is making the case aswell.

(9) Please see below under Section III the classes of membership in the Thai Bar Association.

(10) Section 35 of the Lawyers Act B.E. 2528 (AD 1985) provides as follows:

"Section 35. An applicant for registration and a License shall have the following qualifications: (1) being of Thai nationality; (2) being at least twenty years of age; (3) having a Bachelor's Degree or an Associate Degree in law or a certificate in law equivalent to a Bachelor's Degree or Associate Degree from an educational institute accredited by the Law Society of Thailand, and must be a member of the Thai Bar Association; (4) not being a person of indecent behavior or delinquent morals or a person whose conduct is indicative of dishonesty; (5) not being imprisoned by a final judgment; (6) never having been imprisoned by a final judgment for an offence which, in the Board's discretion, will impair the integrity of the profession; (7) not being bankrupt by a final judgment; (8) not having an ailment which is contagious and repugnant to the public; (9) not being physically disabled or mentally infirmed which may cause professional incompetence; (10) not being a government official or a local government official with permanent salary and position except a political official."

Thank you indeed joskydive

Yes I have record of threatening email correspondence from him.

I have copies of correspondence received from the other Lawyer with copy of with POA with his and witness signatures and copies of earlier cheque issued in my name. I don't know if they will come as a witness.

There is a written agreement (in the form of email) that I will pay his Lawyer's fee after receiving funds from the party as his outstanding Lawyer's fee and negotiation fee.

However, in the heated email exchange I also pointed out his shortcomings and cover ups (all facts) not allegations, including he obtaining signatures in the POA later, covering up the transactions with the other party, my damages etc.

Thanks a lot

Xresident

[scorecard]

Dear Gurus,

First of all please forgive me if I posted this question in the wrong topic/thread. I have been a regular visitor to this forum and I really appreciate that there are lot of great advises, information and guidance from many members and that is why I thought I must post this question.

I had a very bad experience with my Lawyer. In fact he was on the verge of collecting the funds using my so called Power of Attorney without my knowledge. Basically I signed a piece of paper as requested by him while I was in my native country and send it back to Thailand, assuming that he will use it for negotiations only with the other party although there is a clause that he can collect money as well. However, he managed to negotiate with the other parties and almost obtained the cheque in his name. However, I was able to identify it on time and had cancelled his POA. After getting exposed he started threatening me for canceling the POA without his knowledge, then terminated his services and demanded his outstanding fees, negotiation fee etc. although he did not provide the services in a professional and transparent way. Can you provide proof of these threats?

Is there any organizations like Bar Association in Thailand which I can lodge a complaint? Yes, you can look it up on the internet I have clear evidences against him such as the forged POA with witness signatures, his signature etc. and I can prove that I was resident in my native country on the POA date. Also he covered up the entire dealings with the other parties and provided me falsified information. Can you confirm this in any way? Can you get written witness statements to this effect? Now I am directly dealing with the other party for the settlement.

My intention is to pay him first as per his demands, although he did not provide the services as per the agrement and tried to cheat me. Do you have a written agreement with him? It will be required. Later I intend to take legal action against him. Is it the right path? I don't have much time left to stay in Thailand due to visa expiry. There is a time limit in which you have to lodge your complaint but you would have to check with a Lawyer what that limit is. Also if he turns nasty and files any case against me I may get held up here. Any advise would be greatly appreciated.

It would be highly likely that he will reciprocate with allegations of Defamation.

Thank you in advance,

Xresident

If you wish to take a case against this Lawyer and have all the proof required you will need to find another Lawyer who is prepared to take your case. You can also file a complaint with the Police.

The Criminal Code

Chapter 5

Offence of Misappropriation.

Section 353

Whoever, to be entrusted to manage the other person's property which the other person to be the co-owner, dishonestly to do any act contrary to oneself duty by any means whatever, up to cause the danger to the benefit on account of being the property of such other person, shall be imprisioned not out of three years or fined not out of six thousand baht, or both.

Section 354

If the offence under Section 352 or 353 be committed by the of fender in the status of being an executor or administrator of the property of the other person under the order or under a will, or in the status of being a person having an occupation or business of public trust, the offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand baht, or both.

Bear in mind that you will have to be present in the country when the case comes to court and I would imagine that your new Lawyer will require your presence while he is making the case aswell.

(9) Please see below under Section III the classes of membership in the Thai Bar Association.

(10) Section 35 of the Lawyers Act B.E. 2528 (AD 1985) provides as follows:

"Section 35. An applicant for registration and a License shall have the following qualifications: (1) being of Thai nationality; (2) being at least twenty years of age; (3) having a Bachelor's Degree or an Associate Degree in law or a certificate in law equivalent to a Bachelor's Degree or Associate Degree from an educational institute accredited by the Law Society of Thailand, and must be a member of the Thai Bar Association; (4) not being a person of indecent behavior or delinquent morals or a person whose conduct is indicative of dishonesty; (5) not being imprisoned by a final judgment; (6) never having been imprisoned by a final judgment for an offence which, in the Board's discretion, will impair the integrity of the profession; (7) not being bankrupt by a final judgment; (8) not having an ailment which is contagious and repugnant to the public; (9) not being physically disabled or mentally infirmed which may cause professional incompetence; (10) not being a government official or a local government official with permanent salary and position except a political official."

Thank you indeed joskydive

Yes I have record of threatening email correspondence from him.

I have copies of correspondence received from the other Lawyer with copy of with POA with his and witness signatures and copies of earlier cheque issued in my name. I don't know if they will come as a witness.

There is a written agreement (in the form of email) that I will pay his Lawyer's fee after receiving funds from the party as his outstanding Lawyer's fee and negotiation fee.

However, in the heated email exchange I also pointed out his shortcomings and cover ups (all facts) not allegations, including he obtaining signatures in the POA later, covering up the transactions with the other party, my damages etc.

Thanks a lot

Xresident

Several points:

- If you do plan to take action against the lawyer, then can I suggest don't do anything until you have quality legal advice. Don't make any contact with the 'fraudster' lawyer at all.

- There is the 'Law Society of Thailand', and my understanding is that they will quickly and seriously take up any complaints against lawyers.

- In your case there is a big decision, as already mentioned by other posters - is persuing the matter worth it? Is there any risk of 'revenge' against other family members, etc.

[Xresident]

Dear Gurus,

First of all please forgive me if I posted this question in the wrong topic/thread. I have been a regular visitor to this forum and I really appreciate that there are lot of great advises, information and guidance from many members and that is why I thought I must post this question.

I had a very bad experience with my Lawyer. In fact he was on the verge of collecting the funds using my so called Power of Attorney without my knowledge. Basically I signed a piece of paper as requested by him while I was in my native country and send it back to Thailand, assuming that he will use it for negotiations only with the other party although there is a clause that he can collect money as well. However, he managed to negotiate with the other parties and almost obtained the cheque in his name. However, I was able to identify it on time and had cancelled his POA. After getting exposed he started threatening me for canceling the POA without his knowledge, then terminated his services and demanded his outstanding fees, negotiation fee etc. although he did not provide the services in a professional and transparent way. Can you provide proof of these threats?

Is there any organizations like Bar Association in Thailand which I can lodge a complaint? Yes, you can look it up on the internet I have clear evidences against him such as the forged POA with witness signatures, his signature etc. and I can prove that I was resident in my native country on the POA date. Also he covered up the entire dealings with the other parties and provided me falsified information. Can you confirm this in any way? Can you get written witness statements to this effect? Now I am directly dealing with the other party for the settlement.

My intention is to pay him first as per his demands, although he did not provide the services as per the agrement and tried to cheat me. Do you have a written agreement with him? It will be required. Later I intend to take legal action against him. Is it the right path? I don't have much time left to stay in Thailand due to visa expiry. There is a time limit in which you have to lodge your complaint but you would have to check with a Lawyer what that limit is. Also if he turns nasty and files any case against me I may get held up here. Any advise would be greatly appreciated.

It would be highly likely that he will reciprocate with allegations of Defamation.

Thank you in advance,

Xresident

If you wish to take a case against this Lawyer and have all the proof required you will need to find another Lawyer who is prepared to take your case. You can also file a complaint with the Police.

The Criminal Code

Chapter 5

Offence of Misappropriation.

Section 353

Whoever, to be entrusted to manage the other person's property which the other person to be the co-owner, dishonestly to do any act contrary to oneself duty by any means whatever, up to cause the danger to the benefit on account of being the property of such other person, shall be imprisioned not out of three years or fined not out of six thousand baht, or both.

Section 354

If the offence under Section 352 or 353 be committed by the of fender in the status of being an executor or administrator of the property of the other person under the order or under a will, or in the status of being a person having an occupation or business of public trust, the offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand baht, or both.

Bear in mind that you will have to be present in the country when the case comes to court and I would imagine that your new Lawyer will require your presence while he is making the case aswell.

(9) Please see below under Section III the classes of membership in the Thai Bar Association.

(10) Section 35 of the Lawyers Act B.E. 2528 (AD 1985) provides as follows:

"Section 35. An applicant for registration and a License shall have the following qualifications: (1) being of Thai nationality; (2) being at least twenty years of age; (3) having a Bachelor's Degree or an Associate Degree in law or a certificate in law equivalent to a Bachelor's Degree or Associate Degree from an educational institute accredited by the Law Society of Thailand, and must be a member of the Thai Bar Association; (4) not being a person of indecent behavior or delinquent morals or a person whose conduct is indicative of dishonesty; (5) not being imprisoned by a final judgment; (6) never having been imprisoned by a final judgment for an offence which, in the Board's discretion, will impair the integrity of the profession; (7) not being bankrupt by a final judgment; (8) not having an ailment which is contagious and repugnant to the public; (9) not being physically disabled or mentally infirmed which may cause professional incompetence; (10) not being a government official or a local government official with permanent salary and position except a political official."

Thank you indeed joskydive

Yes I have record of threatening email correspondence from him.

I have copies of correspondence received from the other Lawyer with copy of with POA with his and witness signatures and copies of earlier cheque issued in my name. I don't know if they will come as a witness.

There is a written agreement (in the form of email) that I will pay his Lawyer's fee after receiving funds from the party as his outstanding Lawyer's fee and negotiation fee.

However, in the heated email exchange I also pointed out his shortcomings and cover ups (all facts) not allegations, including he obtaining signatures in the POA later, covering up the transactions with the other party, my damages etc.

Thanks a lot

Xresident

Several points:

- If you do plan to take action against the lawyer, then can I suggest don't do anything until you have quality legal advice. Don't make any contact with the 'fraudster' lawyer at all.

- There is the 'Law Society of Thailand', and my understanding is that they will quickly and seriously take up any complaints against lawyers.

- In your case there is a big decision, as already mentioned by other posters - is persuing the matter worth it? Is there any risk of 'revenge' against other family members, etc.

Scorecard

Thanks for the pointers.

Basically I don't want to take action against the Lawyer and lose my time, money and energy (I already lost it). May be when I return to my native place some complaints in the Thai Lawyers Council. As you said I think there is a risk so all I want is to pay his money and leave. However, even after paying the outstanding 50k (balance 110k to be paid after getting payment) he is keeping silent. So I assume he is cooking something or keeping a low profile because in one of the emails I did mention that I have the option to take actions against him including complaints to Law Society if he continues to threaten me. May be he will try something preemptive.

By the way I will post his Law Firms name when everything gets settled. Is there any Lawyers in this form who could assist me, for at least to make a settlement agreement? I am willing to pay reasonable fee.

Thank you all again

Xresident

[joskydive]

Thank you indeed joskydive

Yes I have record of threatening email correspondence from him.

I have copies of correspondence received from the other Lawyer with copy of with POA with his and witness signatures and copies of earlier cheque issued in my name. I don't know if they will come as a witness.

There is a written agreement (in the form of email) that I will pay his Lawyer's fee after receiving funds from the party as his outstanding Lawyer's fee and negotiation fee.

However, in the heated email exchange I also pointed out his shortcomings and cover ups (all facts) not allegations, including he obtaining signatures in the POA later, covering up the transactions with the other party, my damages etc.

Thanks a lot

Xresident

The only thing I can suggest is that you find yourself a good Lawyer who will walk and talk you through the process and is prepared to take this case on your behalf. As it is, I'm not sure whether a copy of anything is permissable (they always like to have originals), or even, whether e-mails are acceptable in a court of Law here. He might also advise you of an easier and cheaper route which is to just report him to the Law Society of Thailand and the Bar Association of Thailand. They deal with issues like this efficiently and effectively.

There is also, the very serious consideration of you and your families safety, as others have suggested. This Lawyer, if persued, stands to lose everything not just his face, (License, Livelihood, work, income, business etc.,). Should you win in a court, he would also be looking at time in prison too.

Again, I suggest you go and speak to a good Lawyer before you go any further with this matter and obviously, don't make any contact with the problem one until you have recieved good legal advise.

Good Luck.

[mickba]

Not wishing to hijack the thread but...........

Two years into the infamous 30yr lease and in dispute with the ex/lessor, I discovered that the (her) lawyer skanked me (no doubt in collusion with her). The carefully worded Lease Agreement I paid for and which we duly signed etc., was not properly incorporated with the Chanote. Instead, I have a land only, non transferrable or sub-lettable, 30yr lease recorded at a rent of 60% of that in the Agreement. It is our names only and expires on my death and it does not include the house I built. He might as well have thrown it in the bin after we'd signed it. It must be criminal, but I also have been told (by another lawyer) that I would be wasting my time and money as he would probably just magic up another PoA to cover what he did. Fortunately, it's looking as though I'll recover the situation, but it will cost me at least an extra B1m.

Wacked?

[Xresident]

The only thing I can suggest is that you find yourself a good Lawyer who will walk and talk you through the process and is prepared to take this case on your behalf. As it is, I'm not sure whether a copy of anything is permissable (they always like to have originals), or even, whether e-mails are acceptable in a court of Law here. He might also advise you of an easier and cheaper route which is to just report him to the Law Society of Thailand and the Bar Association of Thailand. They deal with issues like this efficiently and effectively.

There is also, the very serious consideration of you and your families safety, as others have suggested. This Lawyer, if persued, stands to lose everything not just his face, (License, Livelihood, work, income, business etc.,). Should you win in a court, he would also be looking at time in prison too.

Again, I suggest you go and speak to a good Lawyer before you go any further with this matter and obviously, don't make any contact with the problem one until you have recieved good legal advise.

Good Luck.

Joskydive -- Thank you so much. I have already written directly to Lawyers Council of Thailand requesting what are my options since I have complaints against one of its members (I didn't give name yet) about his professional ethics and their Rules of professional conduct. Not sure if they will respond directly to me or not.

It appears that he has filed some sort of defamation case against me and threatens to get me arrested. I don't know if it works so fast because I've seen lot of similar cases against many politicians here and all will be behind bars by now!!! His reasoning is that I cancelled the POA without his knowledge and he lost his face while completely ignoring the fact that he forged the POA and misused it. I think I can defend with very good evidences but I don't have the resources or time for it. I will try to get another Lawyer involved as suggested and see if he can mediate.

Regards to all

Xresident

[joskydive]

If he has filed a case against you, you will have recieved a letter through the mail which you had to sign for. You must keep the envelope aswell for some reason!

If this is the case, you do have to find a Lawyer immediately to deal with this. You will need to take your passport and a photocopy of all the pages. This proves who you are and also that you were out of the country at the time. You will also need to show him your copy of the POA.

After checking again, I have found another bit of information which might be helpful too.

Power of Attorney

Before initiating or responding to a lawsuit in Thailand, the lawyer acting on behalf of a

client must present to the court a form authorizing him/her to act on the client’s behalf. A

Thai lawyer representing a client in court has absolute authority to conduct the case in any

manner he/she sees fit.

A Power of Attorney signed abroad normally requires notarization by a notary public

and authentication by a Thai Embassy or Consulate in the country where the Power of

Attorney is made.

Hopefully, this will assist you further and prove that the POA was null and void in the first instance.

Edited May 28, 2009 by sbk

[Xresident]

joskydive - Thank you indeed for this great piece of advise and information.

I didn't get any letter through mail (I don't have a permanent address here). Also I didn't get a copy by email as well. Looks like it may be a threat only (or a Police complaint on some false allegations). Anyway I am watching my back.

Oh I forgot to mention in my first post, the issue was an out of court labour dispute settlement between me and my former employer. Apparently neither my X employer nor their Attorneys didn't notice any problems with the POA document until I alerted them!!

Regards

Xresident

[joskydive]

joskydive - Thank you indeed for this great piece of advise and information.

I didn't get any letter through mail (I don't have a permanent address here). Also I didn't get a copy by email as well. Looks like it may be a threat only (or a Police complaint on some false allegations). Anyway I am watching my back.

This could be an issue!

According to section 38 of the 1979 immigration act, "House owners, heads of household, landlords or managers of hotels who accommodate foreign nationals on a temporary basis who stay in the kingdom legally, must notify the local immigration authorities within 24 hours from the time of arrival of the foreign national." If there is no immigration office in the province or locality of the respective house or hotel, the notification is made to the local police station. In Bangkok the notification is made to the Immigration Bureau. The notification of residence of foreign nationals is made by the manager of licensed hotels according to the hotel act, owners of guesthouses, mansions, apartments and rented houses using the form TM. 30.

The notification of residence of foreign nationals within 24 hours can be made in a number of ways to make the notification as convenient as possible:

In person at the respective office, or

Through an authorised person at the respective office, or

By registered mail, or

Via internet.

Oh I forgot to mention in my first post, the issue was an out of court labour dispute settlement between me and my former employer.

It is possible, that if they have filed a complaint against you the letter could have been sent to your last known residence that they must have on file if you were an employee. I would advise you to check.

Apparently neither my X employer nor their Attorneys didn't notice any problems with the POA document until I alerted them!! Or made the assumption that you don't know the Law and it's requirements.

Regards

Xresident

[coconutmonkey]

Surely you can post his name???

I want to know who NOT to use as a lawyer.

Do whatever you like, though by not sharing this information you let him get away with it, and to do it again!

Don't be responsible for his fraudulent success in the future!

Please....

NAME?

COMPANY?

[Xresident]

Coconutmonkey - I will sure mail his name, company name etc. directly to the interested members rather than posting in a public forum (I believe it is against the forum rules as well). Let me get out of this mess first.

Joskydive - I have been staying in Hotel and with my friends ever since I arrived here. Not a single place. I didn't know about the notification Law until your pointer!!

In the Power of Attorney document the address in my native country was given. I will check if there is anything.

Thanks

Xresident

[Xresident]

Hi All,

Just to update my status:

- I managed to make direct settlement with the Company, paid the Rogue Lawyer's fee + % as demanded by him (although he tried to dupe me and terminated the service agreement after getting exposed), and returned to my native country without any incidents.

- It appears that the Rogue Lawyer didn't lodge any complaint against me for defamation or 'other' actions per his threat. May be he just wanted to make sure I don't dispute his payment due to his actions.

- As per the advise I got from another Lawyer most probably he is now worried that I may take action against him because (1) I didn't break any law (2) I Paid his fee as per agreement (although he broke it) (3) I have strong documentary evidence against him for forgery and attempted fraud.

- I intend to lodge a formal complaint against him to the Lawyer's Council of Thailand.

For the benefit of future visitor's of this forum please note:

1) If you work in Thailand and if you pay tax you are eligible for severance pay and notice pay as per Thai Labour Law, even if your contract is made with another entity or offshore company based out of Thailand. I fought and won.

2) Never give a Power of Attorney (even if you think it is legally invalid) to your Lawyer to Sign a Contract or receive money on your behalf. In my case my Lawyer almost managed to collect money even though the POA didn't have proper attestation as required. Strangely the Defendant's Lawyer's also didn't notice any problems with the POA and never attempted to contact me directly even though my former Rogue Lawyer tried several times to change the cheque from my name to his own name (possible collusion to share %?)

I take this opportunity to thank each and everyone for giving their time and valuable advise and suggestions.

Regards

Xresident.

[Gary A]

I would advise you to save your money and not to throw away good money after bad money. The next lawyer you find will want his money up front and I would bet that you will receive NO satisfaction.

[Maizefarmer]

Agreed ....... move on, do not pass begin, do not pay 200: put it down to lifes experiance - its only going to cost you money to chase this one further.

[camerata]

- I intend to lodge a formal complaint against him to the Lawyer's Council of Thailand.

I was in a similar position once so I went to one of the big international law firms for advice. They told me that I had the right to complain to the Law Society but that I should "be careful."

Put it down to experience and let it go. This guy could make your life miserable. He'll concoct some evidence of "defamation" and you'll end up being fingerprinted at the cop station like a criminal. And that will just be the beginning. Crooked lawyers survive and thrive because they are ruthless and cunning.

[jackdanielsesq]

As soon as you call a lawyer, you have already lost!

BR>Jack

[Farma]

My experience a couple of years ago.

A lawyer was recommended to me by a Legal Counsel. It wasn’t long before I suspected the lawyer was not acting in my interest. I mentioned this to the Legal Counsel.

He initially didn’t believe my suspicions but monitored the situation from the background without the lawyer knowing. It soon became apparent to him the lawyer was not acting in my best interest so the Legal Counsel took over the case.

He told me later he was responsible for that lawyer’s action as he had recommended the lawyer to me. He also informed me he had taken action against the lawyer which resulted in the lawyer being disciplined by the lawyers council.

Apart from mentioning my suspicions I had no further involvement. It was a lawyer on lawyer situation. I have not heard from the suspect lawyer since.

I would be hesitant to take on a lawyer myself if the situation ever arose.

[Xresident]

Hi All,

Sure not another Lawyer (there are good Lawyers though - I got some advise from a good one through this forum!!). I thought I can complain directly to Lawyer's Council without the help of another Lawyer. Earlier I sent an email to them seeking advise how to lodge a complaint without naming the Rogue Lawyer. No response so far and I guess my formal complaint may end-up in trash as well.

Yes another life experience.

Thanks and regards

Xresident

[loganberry]

I agree. Pay him what he is rightly owed and then forget about him. He can probably "f" up your life in more ways than one and if you tried to press charges against him it would just be a long, pointless process where you would stand in front of a judge day after day wondering, "Are they even doing anything?" Went through these whole motions with a law firm in Pattaya and they cheated us. To this day, the case is still active but I have just quit going to the hearings and telling them that I am out of town. Even with solid evidence of fraud, the judges are, for the lack of a better word, incompetent.

Edited June 8, 2009 by loganberry