How to Select a Thai Attorney or Law Firm

By Ajan Siripan Ponrop

I. Introduction

There are a number of law firms and other businesses offering legal services in Thailand. It is important for the consumer to understand the different types of legal service providers in order to locate the proper agency to accomplish his goals and to minimize potential risks from pursuing legal action in Thailand. The following is a general breakdown of the organizations, legal or otherwise, which offer legal assistance:

II. International Law Firms

There are a number of law firms in Thailand that are either directly or indirectly affiliated with large overseas law firms. These law firms generally assist large multinationals that have extensive overseas legal issues, or provide assistance on transnational cases involving one of their other overseas branches. It is common for these firms to have their own clients and they normally procure new clients through their own network of offices and clients rather than to seek out or take on other clients. Generally, these firms are more geared towards large corporate clients than private individual clients or small-to-medium enterprises. These firms normally practice commercial, corporate, intellectual property, and securities and trade law. It is uncommon for these firms to accept smaller, local or international clients for the specific purpose of handling Thai law. Their rates range from 300 to 600 US dollars per hour.

III. Local Law Firms

Local Thai law firms may be competent in local litigation and are effective in handling cases within the Thai judicial system. Most law firms in Thailand are local law firms serving local Thai persons and businesses. As a result, most of these firms do not cater to or solicit business from foreigners. They often do not have fluent English speakers on their staff and are unfamiliar with many of the issues that are relevant to foreigners living, working, or travelling in Thailand. Although these firms may have capable trial lawyers, foreigners who need assistance with pursuing litigation through the Thai courts may have difficulty as a result of the language barrier and the inability to receive explanations of the consequences in their home jurisdiction.

Rates and services vary greatly. Rates are generally higher for services provided in English, approximately 125 to 300 US dollars per hour. It should also be noted that there may be different professional standards between Thailand and western countries; Thailand is a civil law country where a law degree can be attained after only a four-year degree program. Concepts and service may differ from those in a common-law jurisdiction where lawyers typically receive a post baccalaureate degree.

IV. Thai Law Firms with Foreign Partners or Managers

A number of Thai law firms have a foreign partner or associate who acts as a liaison between foreign clients and the local attorneys. These firms can be helpful for foreigners who feel more comfortable communicating in English and also because these firms often specialize in issues relevant to foreigners (both companies and individuals) in Thailand. However, the foreign liaisons may or may not be attorneys in their home jurisdictions, and may or may not be working directly on or supervising your case. These are important factors which are discussed below.

A smaller percentage of the law firms in Thailand are foreign-managed Thai law firms. These firms may be operated by foreign attorneys who act as liaisons between foreign clients and Thai lawyers. In some cases, these managers are certified lawyers with law degrees from their home countries. Some can speak Thai fluently and have had years of experience dealing with cases concerning foreigners in Thailand. Many of these managers are also experts in the legal system of Western or common-law countries. One thing to bear in mind: Thai laws apply to Thais and foreigners differently. If your case is of an international nature, it would be best to seek legal advice from experts in both Thai and foreign laws.

However, you should be aware that quality varies greatly in this category of law firms, including the level of expertise of the Thai lawyers employed by the law firm and the legal qualifications of the foreign managers. (Ultimately, it is best to get legal advice from legal professionals who have experience dealing with the issues that you are addressing. There are many qualified Thai and International lawyers providing quality service. Foreign lawyers, who manage or direct Thai lawyers and can speak fluent Thai, may be your best option, as they will provide the greatest assurance in terms of legally accurate information.)

V. "Legal Services" Providers or "Pseudo Law Firms"

Outside the range of traditional law firms, there are certain less expensive alternatives often referred to as “legal service providers” or “pseudo law firms”. These organizations do not generally qualify as “law firms” and are typically operated by non-lawyers who may be foreigners or Thais. Engaging the services of these organizations may be useful under certain circumstances but there are also associated risks that should be considered. In cases that require very basic assistance such as filling out forms that do not require legal expertise, these firms may be less expensive. These businesses may or may not have Thai licensed lawyers on their staff or state that they work in collaboration with Thai licensed lawyers. Even if these firms do have lawyers on their staff, the work may be supervised by a person with no legal background.

Certain consumers readily seek out these organizations because such organizations may be willing to take risks that legitimate law firms would not be willing to take. For instance, some of these organizations routinely use the provision of nominee shareholders (“strawmen”) to set up a company despite the fact that such a practice carries a penalty under Thai law. If there are any unforeseen legal issues, it may be more difficult to resolve these issues as the assistance you received was not provided within the confines of the law.

Typically, pseudo law firms can be distinguished from the legitimate law firms by the fact that the manager or the point-of-contact is a non-lawyer. In addition, these organizations’ main business is usually not legal services, but a completely non-law related business such as mail order brides services, business brokerage or virtual office leasing to name a few.

V. Questions to Ask When Ascertaining the Suitability of a Law Firm:

1) Is the person who will be your primary point-of-contact a non-Thai person or a Thai person with considerable proficiency in English?
2) Is he/she a lawyer?
3) Does this lawyer have substantial experience practicing in his home jurisdiction?
4) Is the law firm a registered company? Does it say Co. Ltd.?
5) Does the law firm employ Thai licensed lawyers? If so, are they experienced? Do they have any secondary qualifications such as a Barrister certificate?
6) Does the law firm or organization have legal counsel as their primary focus, or do they engage in other business dealings to supplement their legal practice?
7) How long has the company been established? (As a rule of thumb, a law firm with at least three years of operation is more likely to stay in the business than one of a shorter establishment)