American Lawyers in Thailand (foreign licensing issues)

Due to the fact that Bangkok, Thailand is an epicenter of global trade it can become necessary from time to time to employ a legal adviser in order to assist with complicated and sometimes downright byzantine legal issues. This is particularly true where an individual or company has legal problems that involve different legal systems, codes, and regulations. It is always advisable to retain Thai counsel for those issues involving Thai law, but in situations involving another jurisdiction the retention of counsel from that jurisdiction may effectively and expeditiously resolve any issues. The problem in Thailand comes down to: deciphering which legal professionals are trained and licensed properly in their home jurisdiction and which services are not.



In Asian jurisdictions such as Singapore and Hong Kong (to name just two) the authorities have promulgated legislation for registering and monitoring the activities of practicing foreign lawyers. The upshot of this system is a foreign legal community that is transparent and above board. In Thailand, the activities of foreign lawyers and "consultants," are left in a somewhat gray area. Thailand, as a member of the World Trade Organization, has signaled its intent to open its market to international trade and services. Nevertheless, the Kingdom of Thailand has not yet carried out many of her obligations required of members of the World Trade Organization specifically, and of particular import for the purposes of this piece, those requirements dealing with foreign lawyer registration.



Under the foreign business act of 1999, foreigners are barred from practicing law, but a foreigner can conceivably obtain a foreign business license in order to operate a legal service business under list three in the appendix to the foreign business act. Thai law appears to differentiate between legal practice (litigation, etc.) and the vague term "legal service business." The distinction between these two terms seems to turn upon whether a firm practices litigation.



Due to Thailand's inaction with regard to her WTO obligations, the question as to foreign lawyers practicing foreign law in Thailand is precarious. The consequence of this small legal eccentricity is that someone, be they Thai or foreign, seeking foreign legal counsel is put at risk of getting advice from one who has not be formally trained in law. By implementing regulations and creating a framework for foreign lawyer registration, other governments have sought to make certain that those practicing non-domestic law are qualified to practice law in some jurisdiction. By not having such legislation in place, laypeople could be easily duped by someone who has no business dispensing legal advice.



Please note: The contents of this article is for informational purposes only and should not be used in lieu of advice from a competent attorney in the reader's jurisdiction. The reader should not make the assumption that an Attorney-Client relationship has been established by reading this piece.





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Benjamin Hart is a licensed US Attorney and Managing Director of Integrity Legal (Thailand) Co., Ltd. His primary area of practice is US Immigration Lw for clients immigrating to the USA from Southeast Asia. For more information on this and similar issues please see fiance visa or Bangkok law firm