Australian Lawyers...Any Out There ?

[Nawtier]

Any good Australian lawyers around Thailand.....practicing or not could be acceptable.

In fact a retired one would be best.

If anyone knows or hears on the grape vine....please PM me.

Thanks.

[Nawtier]

Today would be a good day to spot one.....he would be glued to a telly or internet feed somewhere.....

Anyone ?

[Mario2008]

it might help if you tell in what subject you are looking for a lawyer, like family law, property or criminal law.

A foreigner cannot become a lawyer in Thailand.

[Nawtier]

A foreigner cannot become a lawyer in Thailand.

Guess they did not get the memo's....

[zaphodbeeblebrox]

Not an Australian lawyer, but a Thai lawyer who received most of her education in Australia, speaks English, and is well-respected throughout SEA:

Ms. Noppramart Thammateeradaycho

Profession: Lawyer

Position: Associate with DLA Piper Thailand

Work Experience: 11 years

Languages: Thai and Fluent in English

E-mail: [email protected]

[Nawtier]

Thanks.

Most probably not what I am after...but shall send an enquiring email anyway...ya never know.

Cheers.

[dominique355]

it might help if you tell in what subject you are looking for a lawyer, like family law, property or criminal law.

A foreigner cannot become a lawyer in Thailand.

Ah lor? That's new to me. I know many foreigner lawyers practicing here in Bangkok.

[SergeiY]

it might help if you tell in what subject you are looking for a lawyer, like family law, property or criminal law.

A foreigner cannot become a lawyer in Thailand.

Ah lor? That's new to me. I know many foreigner lawyers practicing here in Bangkok.

practicing law or work as a consultant/advisor?

[Nawtier]

and they cannot become a lawyer here....they usually are before they arrive.

[nam-thip]

The Lawyers Act B.E. 2528 (AD 1985) defines a lawyer as "a person who has been registered as a lawyer, and a license has been issued to him or her by the Law Society of Thailand." Therefore, no one can become a lawyer or practice law in Thailand without an education in law, registration, and a license to practice.

(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."

Thailand has a democratic legal system that recognizes four courts: the Constitutional Court, the Administrative Court, the Military Court, and the Court of Justice. Lawyers don't have to pass a bar examination, as they would in the United States; and unlike in the United Kingdom, the profession is not divided into barristers and solicitors. Thai lawyers, however, must be licensed by the Law Society of Thailand, be older than 20 years old, and be a citizen of Thailand.

Foreigners working in law firms have stamped into their work permits the following wording "consultant."

Some foreign lawyers/consultants are actually part owners of their firms, but their work permits say only "consultant" or "manager", and they cannot give legal advice or appear in court.

Farang’s usually do most of the English language work, but if any officials are involved, a Thai lawyer has to sign off on it"

[zaphodbeeblebrox]

All true nam-thip. But, the restriction only means that foreign lawyers cannot practice in the courts of Thailand. I am aware of several lawyers, with partnership interests in law firms in Thailand, who represent clients in private mediations and arbitrations.

[samran]

All true nam-thip. But, the restriction only means that foreign lawyers cannot practice in the courts of Thailand. I am aware of several lawyers, with partnership interests in law firms in Thailand, who represent clients in private mediations and arbitrations.

this discussion has been had before. If you check their work permits, all of them will be consultants, managers, advisors etc etc. Anything but a lawyer.

[zaphodbeeblebrox]

this discussion has been had before. If you check their work permits, all of them will be consultants, managers, advisors etc etc. Anything but a lawyer.

Why does it matter what their WP says? The exact prohibition against issuing a work permit for the practice of law by a foreigner in Thailand is as follows:

Providing legal services or engaging in legal work, except arbitration work; and work relating to defense of cases at arbitration level, provided the law governing the dispute under consideration by the arbitrators is not Thai law, or it is a case where there is no need to apply for the enforcement of such arbitration award in Thailand.

Source: The Schedule Annexed to the Royal Decree Stipulating Work in Occupations and Professions Prohibited to Aliens B.E. 2522 (A.D. 1979) issued under the old Act, which closes 39 occupations to foreigners and reserves them for Thais. This is still enforceable until the Ministerial Regulations under the new Act (Alien Employment Act B.E. 2551 (A.D. 2008)) are issued. They were supposed to be issued by February 2010, so this might change, and it might not, in the future. TIT!

[samran]

this discussion has been had before. If you check their work permits, all of them will be consultants, managers, advisors etc etc. Anything but a lawyer.

Why does it matter what their WP says? The exact prohibition against issuing a work permit for the practice of law by a foreigner in Thailand is as follows:

Providing legal services or engaging in legal work, except arbitration work; and work relating to defense of cases at arbitration level, provided the law governing the dispute under consideration by the arbitrators is not Thai law, or it is a case where there is no need to apply for the enforcement of such arbitration award in Thailand.

Source: The Schedule Annexed to the Royal Decree Stipulating Work in Occupations and Professions Prohibited to Aliens B.E. 2522 (A.D. 1979) issued under the old Act, which closes 39 occupations to foreigners and reserves them for Thais. This is still enforceable until the Ministerial Regulations under the new Act (Alien Employment Act B.E. 2551 (A.D. 2008)) are issued. They were supposed to be issued by February 2010, so this might change, and it might not, in the future. TIT!

I guess it doesn't matter what the WP says, after all they are lawyers and it does seem that the government is turning a relatively tacit blind eye...but I've sat on the otherside of the table having foreign lawyers advise me of issues that weren't "arbitration", that is for sure!

but thanks for the link on the 'exemption'.

[evanson]

All true nam-thip. But, the restriction only means that foreign lawyers cannot practice in the courts of Thailand. I am aware of several lawyers, with partnership interests in law firms in Thailand, who represent clients in private mediations and arbitrations.

this discussion has been had before. If you check their work permits, all of them will be consultants, managers, advisors etc etc. Anything but a lawyer.

Yes And anything but an Australian one. LOL! (Wonder why that is? Thai 'lawyer/Australian 'consultant? Hmmmmm) :-D

[scorecard]

Not an Australian lawyer, but a Thai lawyer who received most of her education in Australia, speaks English, and is well-respected throughout SEA:

Ms. Noppramart Thammateeradaycho

Profession: Lawyer

Position: Associate with DLA Piper Thailand

Work Experience: 11 years

Languages: Thai and Fluent in English

E-mail: [email protected]

My following comment is not aligned in any way to Ms Noppramat or her company which I have no knowledge of.

I would never ever consider using an international law form / international / Thai partnership law firm.

Because:

- Their charges are a total rip off.

Example: for several years my ex employer used a high profile international law firm to renew my work permit. In fact a very simple process, there were no complications of any sort, in fact my own internal Admin. Manager completed most of the forms. If any further documenation was needed for some clients (in my case it wasn't) then a junior clerk prepared the routine documentation at the law firm. Then a messenger took the documents to the labour office / answered questions as needed, perhaps with a phone call back the CLIENT.

The lawyers fee: 50,000Baht.

Total and absolute rip off.

Why does this remind me of the negative generated when a taxi driver rips someone off for 50Baht? Not OK for the taxi driver to rip you off, but seemingly OK for the lawyer to rip off big big time!