After having been a Lawyer and Solicitor for more than 26 years and mostly dealing with foreign clients, I have come across a lot of problems faced by clients and the ignorant public about fake or falsified or crooked or con-men or women who act or impose themselves as lawyers or making believe to the public that they are lawyers and most of them never went to law school and some even did not finish high school.
So beware of the “Bogus Lawyers” with certain facts and details as follows:
I write about these bogus lawyers as I have seen and heard the pain, suffering and bitterness and complaints that why Thai law should condone these people. On top of that some lawyer friends plus non lawyer friends also have mentioned that now that I am quite senior in both age and professionalism, that I should write to enlighten the public or make the public aware of its being and potential danger. I’ve finally yielded and agreed to do so.
From my own awareness and observation, I should like to categorize foreign lawyers in Thailand into 5 groups as follows:
(1) Starting from the real and super good ones as they are very dedicated not only to their ethics and honesty, but also to our country, Thailand. Some of them have even changed their names into Thai and Thai nationality plus being bestowed with Royal decorations from the King. These are the knowledgeable lawyers from the old schools and being quite older and near retirement such as my former boss(es) at Tilleke & Gibbins.
They have had work permits for more than 40 years and above and stating them as Legal Advisors. They are definitely good lawyers and good all around in a lot more ways than one.
(2) The second batch of lawyers are of much younger generations and they are truly lawyers from their respective countries and posses work permits stating them as Business Consultant or Councilors (some might be stated with legal advisor but probably few). These lawyers will work with big established office or team up with local (of the international level) Thai lawyers.
The public is still very safe with the 2nd group, as they are real lawyers as well. The only big different from real Thai lawyers of both 1st and 2nd groups is that they are not advocate or litigators in court, meaning that they can not try any cases in court as the litigation is by law reserved for only the Thai national lawyers.
(3) Now comes the wishy-washy group but perhaps posing not too much danger yet, as this group are former lawyers from their respective countries but have been disbarred or expelled from their careers or even retired to Thailand. This group does not have work permit but seeing and seizing the opportunity to earn extra money by teaming up with their own nationals or some Thais or even the young Thai lawyers to ply and prey on the public and usually charging exorbitantly.
(4) Now comes the real dangerous group all around as these foreigners are crooks, cheaters, fraud, and con men who may have other types of degrees of some sorts but not law degrees. They are just purely opportunists who usually prey with their own kinds of similar races. They have no shame, possessing no ethics or principles of any kinds at all. They open up law offices with some Thai friends or friends of their own surrounding and imposing or whispering to some people that they are lawyers or having law offices.
(5) Now comes the most extreme and most dangerous group. Actually this one is not much different from group 4, just as thick faced but a bit worse as most of them did not even finish or go to high school but worse by being or acting as Mafia of some sorts among their own foreign peers. This group is not only that they are not lawyers but also pure crooks that might resort to violence.
As mentioned above that the first 2 groups are real lawyers from their respective countries and posing no harm at all to the Thai society.
Only the last 3 can and have caused problems of the kinds and scopes to the public from time to time. But when the chips are really down they will just disperse or flee the country. Most of these last 3 categories usually ply and prey their alien victims on the areas of beach resorts, ranging from Pattaya to Hua Hin to Samui and now more in Phuket as being the furthest from the central authority. Some might roam and lurk around so stupid alien clients even in the city of angles, KrungThep or Bangkok.
So far as of now Thailand does not have any direct law preventing any one to open a law office. This means any shameless and thick faced people even including Thais who are not lawyers can open law offices, though they can not go to court as only Thai licensed lawyers can appear to conduct court cases. But certain much damages can arise from the last 3 groups as you can imagine.
But the good news is soon we will have ones, probably next year (2005) sometimes as the Lawyer Society already proposed an amendment to the Lawyer Act that when this law comes into effect, not only Thai lawyers who are already licensed, must register their offices with the Lawyer Society in Thailand but also only Thai lawyers can open law offices. And the foreign lawyers must also register and seek their work permits from the Thai Lawyer Society. Furthermore, in case of law offices desiring to open as a company, such company must be majority owned by Thai lawyers both in shares and number of directors.
By then Thailand can be rid of most of these bogus and unscrupulous lawyers, and especially of and better control to all lawyers like for groups 1-2. And the public then should help to clean and cleanse up for the betterment of the Thai legal career people.
By Lawyer. Mr. Wichai Pannoi
P.S. Now if any of you, the readers, should have to deal or confront with any of groups 3-5, especially of 4-5 and are not sure whether one is a fake or not, just ask direct questions. If they squirm or squeal about and with many erh, ah---- you probably hit the bulls-eye! If they act tough or bold and trying to say that you are insulting him or them, then ask for some identity of some sorts or copies of degrees or photos of graduation. If you are still not sure, then just leave and enquire around with the real Thai Law office nearby. They should be able to tell you, even in their broken English if the bogus lawyer in question is likely the crooked one or not! Be very careful! You can check with your respective embassy or The Thai lawyer Society. Groups 4-5 are the super bad one. It is like they do not even know the distance or difference between their mouths and their anuses. So, what would they know about Thai law and legal procedures, legal culture, mentality and legal history? It has been so difficult enough for us, the real ones to study and become ones and even harder to maintain a profession. So, again what would these fake lawyers know except cheating you!
See the ad by Mr. Wichai Pannoi and photo in this paper in the Eastern Business Directory next to the map in this paper under VICTOR LAW AND DETECTIVE OFFCE or call him at 01 914-0516.
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