By: Mr. Ponthep Werachon,Thai Solicitor & Mrs.Darunee Werachon, Thai Solicitor & Accountant of WERACHON LAW OFFICE, 315/304, Moo 12 Theppasit Road (Soi 12) Nongprue,Banglamung,Pattaya City, Chonburi 20260, Kingdom of Thailand Tel:(038)304 084,(038) 251 533Fax: (038) 304 027 Mobile: 081 423 4255,089 889 6483.

Website: www.thaisolicitor.com, e-mail:thai@werachonlawyers.com

Shakespeare’s quote in Henry VI that “the first thing to do, let’s kill all the lawyers” has been popular among the American public during the later stages of the twentieth century coinciding with a quote from Hitler “It’s shameful to be a lawyer”.

   Only our candid former prime minister who has a doctorate degree in Criminal Justice from Houston University gave us a very clear definition of a lawyer, that a “lawyer is a person who helps the wrong doer”. This is the reason why he retained a team of lawyers to seek justice for his family.

   The above quotation gives us the ambivalent perception of a lawyer, who will be the one casting the first stone? In good times, nobody needs a lawyer. But at a bad time even a devil still needs a lawyer, as we say, a “Devil’s Advocate”. Someone asked me if I could represent a client if the case is representation against the will of god. I just replied that I believe in what Jesus said “No man can serve two masters”. What should I do if I decide to represent you?  If we think in a secular way, even a devil has the right of advocacy. Many pagans during the dark period were put in holocaust without trial and advocacy. It is a real stigma in a history of mankind.

   Dan Quayle, a lawyer who became the US presidential candidate pointed out that the US has by far the highest percentage of lawyers per capita of any country in the world, while Japan has more engineers than lawyers. Some people may have the criticism that the US is a contentious society. However, it is undeniable that the US is the best country for civic rights, especially consumer protection, unlike Thailand where we still continue suffering from the maxim of “Caveat Emptor”. It is difficult keeping our society in good order, under the eye of aristocrats, who never want to share with us either bread or cake of justice. Lawyers in the US who are “King of Tort” can make their fortune from contingency fees for class action lawsuit against giant pharmaceutical companies. In Thailand, people hate King of Tort lawyers more than unethical medical doctors or greedy manufacturers. Some cynical people exaggerate that lawyers in the US can even coach you to slide and fall down properly in the supermarket. In the world of utilitarianism, people do everything for their own benefits. It is a real hypocrisy to say that all lawyers have to render services to all people without money in mind. The “Pro Bono Publico” or free services for lawyers in the US is narrowed to some specific circumstances for indigent clients. Who will dare to sue a giant pharmaceutical company if the lawyer will not be handsomely rewarded? Thai society prejudices against the litigation as a “Barratry” which is a vexation against the public order. There is a famous old Chinese saying “eating a pile of dog poo is better than having a lawsuit in court”.  This saying definitely strengthens the mentality of “Lawyer Phobia”.   

   Some optimistic people consider lawyer as social engineers who maintain a quality of justice. If we build a road, we need a civil engineer for the construction. However, when the quality of that road is bad, we need a maverick lawyer who will sue the relevant government office and civil engineer in charge for any accidents due to the low quality construction causing the accident. In the past, there have been many pedestrians falling down uncovered black holes excavated by city hall. They had to forget and go back home without any compensation. We need the social engineer to ensure that all roads will lead us to the destination of justice not perdition.

   The word “lawyer” in Thai is “Thanai Kwam” which is equivalent to Attorney-at-Law in the US, Solicitor/Barrister/Advocate in the UK and Ireland, Avocat in France and Rechtsanwalt in Germany. The word “Thanai” literally means “Servant” and “Kwam” means “Case”.

   Section 4 of the Lawyer Act of Thailand 1985 denotes that a lawyer is a person who has been registered as a lawyer with a license issued by the Lawyers Council of Thailand. To be a lawyer, the candidate must have a bachelor of law degree (LL.B) from an accredited university in Thailand with a one-year lawyer internship. The candidate has to pass examinations of the Lawyers Council of Thailand for both legal and ethical knowledge. The candidate must have an impeccable record. The fugitive coming from the underworld will not pass this examination. How about fake lawyers in Pattaya? The real lawyers will be proud to show you their licenses in both Thai and English.

   Thailand and the US share the same concept that “All lawyers are created equal”. There is no regulated professional specialism in Thailand whereby all lawyers can handle all kinds of legal works both consultation and advocacy in court. In the UK, elite barristers are called “QC” or “Queen Counsel”, all solicitors have to register their professional specialism with the Law Society to ensure that the client or legal consumers will be able to ascertain the competence before retaining a proper lawyer instead of depending upon the old maxim of “Caveat Emptor”.  

   According to the Lawyer Act 1985, all lawyers are regulated and supervised by the Lawyers Council of Thailand which is theoretically independent from political influence. The Lawyers Council of Thailand imposes the Regulation on Professional Ethics which is updated in comparison to the Rule of Professional Conduct in USA or UK. The professional misconduct can be reported to the Professional Ethics Committee in Bangkok or other provinces.

   The President of the Lawyers Council of Thailand is elected by a majority vote of lawyers for a fixed three–year term with re-election of no more than two consecutive terms. The present President is Dej-Udom Krailert, Esq. This president has a great international vision to upgrade the legal profession in the Kingdom of Thailand.  

   There are many persons holding a lawyer license in Thailand. It’s really hard work for Shakespeare! The lawyers practicing in Pattaya are not only the ones having the office but also the fly-in lawyers coming from Bangkok and surrounding areas.

   There is no record of professional specialism registered with the Lawyers Council of Thailand in order that all clients  can ascertain the competence of lawyers for specific clients and services, especially conveyanceing for foreign clients which is in high demand in Pattaya. Real Thai lawyers are needed for booming real estate business. The problem is the English competence that most Thai lawyers can speak as well as lawyers from the UK because the whole period of 4 years in a university is conducted in the Thai language. Some Thai’s always retort foreigners blaming our linguistic weakness that our country has never been colonized. It is a real national pride.

   Due to the weakness in the English language of lawyers in Pattaya in the early days, there were many English speaking people without legal education professing themselves as lawyer. In the midst of 1980, there were more bilingual lawyers coming to Pattaya.  

   The development of lawyers in Pattaya over the years, from where there were desks in the tour companies or restaurants has been astounding. Most work is “Marriage for Foreigners”. Now there are many signs “Legal Services” in windows of most real estate companies. We will talk about these one-eye men who try to be the king in this land of the blind, where not only love is blind but also justice for all expatriates.

   A retired British gentleman put millions in a trustee account of a fake law firm who have already gone with the wind. This fake law firm had an advertising page in a throwaway media. Instead of using this throwaway paper to wrap “Fish and Chipc”, this gullible British read and believed in the misleading information and trusted this firm. He does not understand why nobody can do anything against these individuals, because in the UK, you will go to the monkey house for many years if you profess yourself to be a solicitor without professional license.

   In the UK, even a funeral undertaker must have a license to touch your dead body”.