Problem With Thai Lawyer

[Disco]

I’m hoping someone can help with this or may have had the same experience.

I went to a Thai Lawyer for advice through a recommendation. I paid an initial retainer fee and for anything extra ie initial consultation, flights etc I paid any additional charges. I have decided that I am not happy with this Lawyer’s advice (or rudeness) and asked for a closing statement to which he has advised me I do not owe anything extra.

What I need to know is:

In Thailand, am I entitled to a refund of my retainer as I have paid for the Lawyers additional charges?

Can get answer on internet for other countries but not Thailand.

I hope this make sense, and I have tried to keep it as simple as possible although I must add I stopped proceedings at a very early stage when I realized that I was not going to receive the service I would expect from a Lawyer.

[steveromagnino]

I’m hoping someone can help with this or may have had the same experience.

I went to a Thai Lawyer for advice through a recommendation. I paid an initial retainer fee and for anything extra ie initial consultation, flights etc I paid any additional charges. I have decided that I am not happy with this Lawyer’s advice (or rudeness) and asked for a closing statement to which he has advised me I do not owe anything extra.

What I need to know is:

In Thailand, am I entitled to a refund of my retainer as I have paid for the Lawyers additional charges?

Can get answer on internet for other countries but not Thailand.

I hope this make sense, and I have tried to keep it as simple as possible although I must add I stopped proceedings at a very early stage when I realized that I was not going to receive the service I would expect from a Lawyer.

It sounds like an initial consultation fee rather than a retainer perhaps, in which case you would get nothing back.

If you have a retainer, then surely this is for work to be carried out, in which case you have a contract and it should be part of the contract as to how to handle payment in the event of termination or disasisitfaction. If there were additional charges that you were going to be charged for, they have been incurred and you have paid them, then that is all even then.

If you do not have a contract signed by both parties, then it sounds like there is an implied contract where you agreed to pay for some advice, and that advice (however useless) has been provided, and you've also been charged the expenses incurred.

Am I right in thinking what you are looking for is compensation for a bad job, and if this is the case I think you will find life very difficult unless you could show that the advice was clearly rubbish.

If they are a lawyer with a major firm, you could I suppose register a complaint, and appeal to their sense of fairness 5555, actually that sounds frighteningly funny; I suspect that unless the advice given by a big firm was miles off base, then they would not be so inclined to return the cash.

This wouldn't be immigration law would it?

There are a few lawyers on this site; I suspect/recall Bendix is possibly one; maybe you can wait to hear his words of wisdom.

[Disco]

Thanks for that.

Just to follow on from your note I paid 15,000 for the initial consultation fee which I do not expect back obviously. Retainer outstanding is for 60,000 and it's not re immigration and I'm not looking for compensation just money back that wasn't spent. Thanks for the quick response though.

[lanny]

If this were in America, I depends on what you actually paid him for. If your 60,000 baht was as a retainer, you probably have no claim. A true retainer is a fee paid to the lawyer for his agreement to be available to assist you with covered matters for a specified period of time. All he has to do to earn that fee is to be available.

If, on the other had, you gave him a deposit against future services, you should be entitled to an accounting of the money spent. Any unspent funds should be refunded.

If you don't have a written contract, its your word against his as to which it was and whether you have any claim.

However, this is Thailand and the rules could be different (probably are!) Frankly, I wouldn't hold my breath for any money back.

[Disco]

Thanks Lanny, have to say this is what I thought already but it was worth a try!!

[ThaiPauly]

Many of us have lost money simply because rules are not the same here as back home.

Put it down to experience and learn from your mistake.

Many people on this forum have lost a darn sight more than you have by not checking contracts through carefully, so you can at least take comfort from the fact that you have not lost that much (unless of course it was your last 60K)... which I am sure it wan't.

Chin Up... Move on

TP

[Dragonman]

If this were in America, I depends on what you actually paid him for. If your 60,000 baht was as a retainer, you probably have no claim. A true retainer is a fee paid to the lawyer for his agreement to be available to assist you with covered matters for a specified period of time. All he has to do to earn that fee is to be available.

If, on the other had, you gave him a deposit against future services, you should be entitled to an accounting of the money spent. Any unspent funds should be refunded.

If you don't have a written contract, its your word against his as to which it was and whether you have any claim.

However, this is Thailand and the rules could be different (probably are!) Frankly, I wouldn't hold my breath for any money back.

Not strictly correct. The "Retainer Agreement" is for a fixed sum to be deposited to the lawyer. In the Agreement, hourly fees should be quoted plus the mention of identifiable expenses. The lawyer can dip into the retainer at will, but when work ceases a Statement must be prepared and any money left over refunded. As said previously if it's a large Law Firm you may have a chance. If it's Somchai from the High Street forget it, as your appeal will probably be heard at the bar of the local Masonic Lodge.

[SamuiRes]

And don't even think of complaining to the Thai Law Society. I had a well documented issue with a Thai lawyer who admitted in writing that he owed me money. Never paid. I sent all the documentation to the Thai Law Society with a formal complaint. I know they received it as it went EMS and we checked. Response - zero. Not even an acknowledgement and the said lawyer is still practising with one of the Bangkok Law firms that promote themselves to foreigners.

As they say - it is the 99% that give the rest a bad name.

[Dragonman]

And don't even think of complaining to the Thai Law Society. I had a well documented issue with a Thai lawyer who admitted in writing that he owed me money. Never paid. I sent all the documentation to the Thai Law Society with a formal complaint. I know they received it as it went EMS and we checked. Response - zero. Not even an acknowledgement and the said lawyer is still practising with one of the Bangkok Law firms that promote themselves to foreigners.

As they say - it is the 99% that give the rest a bad name.

There are some well documented reports regarding the Law Society's dealings with foreigners.

As in most countries a Trade Union for lawyers, and I know

[Disco]

Guys

Thanks for the response, as I said earlier was what I expected but seemed silly to walk away without trying...

I believe a lot more financially was at stake if I had carried on using this Lawyer, so yes it's been better to loose just the 60k plus intial expenses. I think if my gut instict hadn't kicked in when it did I could have found myself sometime later 'up the swanny' as it were. Lesson learnt, move on and wait for the next LOS lesson to learn.....

Interesting to hear about the Thai Law Society, as I was thinking it might be route I could've taken under the circumstances but I think I shall skip that...