How to Select a Thai Attorney or Law Firm

I. Introduction
There are a number of law firms and other businesses offering legal services in Thailand. It is important for the client to understand the different types of law firms and legal service providers in order to select the appropriate legal service to accomplish his or her goals and to minimize potential risks from pursuing legal action in Thailand. The following is a general breakdown of the types of organizations offering legal assistance in Thailand.

II. International Law Firms
There are a number of law firms in Thailand that are either directly or indirectly affiliated with large overseas multinational law firms. These law firms generally assist multinational corporations that have extensive overseas legal issues or provide assistance on transnational cases involving one of their overseas branches. These firms typically do not seek out new clients as they have an existing base of clientele established through their own network of offices. Generally, these firms are geared toward large corporate clients rather than private individuals or small-to-medium enterprises. These firms normally practice commercial, corporate, intellectual property, securities and trade law. It is uncommon for these firms to accept smaller, local or international clients for the specific purpose of handling domestic law issues and smaller corporate legal problems. Their rates generally range from 250 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. Although they may be quite competent in Thai legal matters involving Thai persons, they may be unfamiliar with the issues that are relevant to foreigners living, working, or doing business in Thailand. Although these firms may have capable trial lawyers, foreigners soliciting their assistance in pursuing litigation through the Thai courts may encounter difficulty as a result of the language barrier.

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 legal concepts between Thailand and western countries; Thailand is a civil law country where a law degree is attained after a four-year undergraduate 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: There are different laws affecting Thais and foreigners. If your case is of an international nature, it may 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. One should obtain 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 if your case involves either international issues or if you are a foreigner or foreign business operating in Thailand, 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” in the traditional sense 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. In cases that require very basic assistance that do not require legal expertise, these firms may be provide a budget alternative to a traditional law firm. 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 who is not an attorney.

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

Typically, pseudo law firms can be distinguished from traditional law firms by the fact that the manager or the point-of-contact is a non-lawyer. However, the managers of pseudo law firms sometimes misrepresent themselves as licensed attorneys. These organizations also may operate other businesses in addition to providing legal services, such as mail order brides services, business brokerage, virtual office leasing, or website design just to name a few. In some extreme cases, pseudo law firms may be staffed by foreigners working illegally in Thailand.

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

• Is the person who will represent you a Thailand licensed lawyer? If your principal contact is a non-Thai, is that person a licensed lawyer in their home country? Are their professional qualifications verifiable?
• Is the person who will be your primary point-of-contact fluent in both English and Thai?
• Is the law firm a legitimately registered company? Does the name say "Co. Ltd."? Do they have a private, company email account or a free web-based email account? Does the law firm have a Thai bank account or do they ask you to pay into an anonymous internet account?
• Does the law firm or organization have legal counsel as their primary business, or do they engage in other business dealings that are unrelated to law such as mail order bride services or business brokerage?
• Does the law firm make unsubstantiated or unreasonable claims? Or do they offer proof of their qualifications to serve you? (Good indicators of legitimacy include biographies of staff, complete with educational and professional qualifications; membership in and good standing with professional law societies, and articles published in professional journals.)
• How long has the company been established? (As a rule of thumb, a law firm with at least five years of operation is more likely to stay in the business than one of a shorter establishment)
  
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