Rules of Lawyer Conduct–Thailand Bar Association

Rules of the Lawyers Council on

the Conduct of Lawyers

B.E. 2529 (1986)

By virtue of Section 27 (3) and Section 51, and with the consent of the President of the Lawyers Council pursuant to Section 28 of the Lawyers Act B.E. 2528 (1985), the Council of the Lawyers Council issues the rules of conduct for lawyers as follows:

Chapter 1

General Principles

Clause 1

This statute shall be called the “Rules of the Lawyers Council on the Conduct of Lawyers B.E. 2529 (1986)”.

Clause 2

These rules shall come into effect the date following publication in the Government Gazette.

Clause 3

All rules of conduct for lawyers and lawyers’ attire pursuant to the Rules of the Bar Association and under other laws prior to the passage of the “Rules of the Lawyers Council on the Conduct of Lawyers B.E. 2529 (1986)” shall be repealed after publication in the Government Gazette.

Clause 4

Any lawyer who violates or fails to comply with any rules as specified below shall be deemed to be in violation of the conduct of lawyers.

Chapter 2

Conduct Towards the Court

Clause 5

A lawyer shall not decline an assignment to act as a defense lawyer as requested by the Court, except where he or she has a reasonable excuse.

Clause 6

A lawyer shall not fail to pay due respect to the Court or commit any act of contempt toward the Court or the judge in or outside the Court that constitutes an impairment to the Court’s or judge’s jurisdiction.

Clause 7

A lawyer shall not assert or produce a document or evidence that is false or misleading to the Court or commit any act to obtain knowledge of the Court’s order or decision that has not yet been made public.

Clause 8

A lawyer shall not collude, either directly or indirectly, in producing false evidence or induce a witness to give false evidence or conceal or hide any evidence that should have been brought before the Court, or promise to bribe a public officer or collude in bribing a public officer.

Chapter 3

Conduct Towards Clients

Clause 9

A lawyer shall not commit any act that constitutes an instigation to litigate a groundless case.

Clause 10

A lawyer shall not use any of the following deceptions to induce a person to entrust their representation in court:

(1) The lawyer shall not deceive any person into believing that he or she will win the case, while the lawyer believes they will lose the case;

(2) The lawyer shall not claim that he or she is more knowledgeable than any other lawyers;

(3) The lawyer shall not claim that he or she is well associated with any specific person so as to induce a person to believe that the lawyer can provide special benefits other than those derived through regular conducting of the case, or claim that the lawyer will induce aforementioned specific person to provide any support for the case in any way, or falsely claim and threaten that if the lawyer is not given the case he will do something to induce such specific person to cause the case to be lost.

Clause 11

A lawyer shall not interfere with any of the client’s confidential information that comes into his or her knowledge throughout the course of performing their duties as a lawyer, except in cases where the client’s consent has been explicitly obtained or is revealed under Court order.

Clause 12

A lawyer shall not commit any of the following acts, which are likely to be prejudicial to the client’s best interest:

(1) Willful disregard of an appearance or abandoning the case;

(2) Willful disregard of duties that should have been done in connection with the case of the client, or withholding any information that should have been disclosed to the client.

Clause 13

A lawyer shall not, upon having given advice to or becoming aware of any accounts of the case throughout the course of performing his or her duties relating to one party, become a lawyer for or use the aforementioned knowledge to assist the counter-party in the same case.

Clause 14

A lawyer shall not, upon accepting to act as the lawyer for the case, use any deception in any way without reasonable ground to obtain any benefit other than what has been agreed on by the client in exchange for lawyerly services.

Clause 15

A lawyer shall not do any act that constitutes cheating, misappropriation or embezzlement or take possession of or detain money or property of the client acquired by him throughout the course of performing relevant duties for an unreasonably long period of time without permission of the client, except where there are reasonable grounds.

Chapter 4

Conduct Towards Lawyers, Suitors, and Others

Clause 16

A lawyer shall not take away or do anything in a bidding manner in regards to a case in which another lawyer is currently representing, or accept or promise to represent a case while he or she knows that another lawyer is representing such case, except where:

(1) Permission has been granted from the lawyer representing the case;

(2) There are reasonable grounds to believe that the client has revoked retention of the previous lawyer representing the case, or

(3) The lawyer representing the case refuses, or expresses his unwillingness to continue representing the case.

Clause 17

A lawyer shall not advertise or allow another person to advertise any of the following:

(1) Rates of service, fees, or a notification to the effect that service fees will not be charged, except where the advertisement is related to legal aid programs provided by the Lawyers Council, or by any relevant institutions, associations, organizations, or government agencies, or

(2) Names, qualifications, positions, residences or offices in a way indicating exaggeration or soliciting any suitor to come to the lawyer to represent his case, except for the display of names, qualifications, or such other associated things in a reasonable and polite manner.

Clause 18

A lawyer shall not engage in any occupation, business, or behavior that violates good morals or impairs the dignity and prestige of lawyers.

Clause 19

A lawyer shall not agree or promise any commission or compensation to a person any person that finds or brings in cases, or to have a person in office who will find or bring in cases in which the lawyer will give a discount to service fees or to give a salary, any amount of money, any property, or other benefits to a person who brings in cases, even if said person is a clerk or regular employee at the lawyer’s office.

Chapter 5

Lawyer’s Attire

Clause 20

During the duration of the court case, the lawyer shall be attired pursuant to the following rules:

(1) A male lawyer shall be attired in a white suit or another color that is polite, a white shirt, and a black or otherwise politely-colored tie, or dress in a Thai style with a short-sleeved or long-sleeved shirt of polite color without a decorative design, in lieu of a suit, with white, brown or black dress shoes, and socks with a color similar to that of the shoes.

(2) A female lawyer shall be attired in a suit, skirt, or blouse with polite colors, and dress shoes.

(3) A lawyer may dress in an official uniform.

(4) During the time of conducting the court case, any lawyer that is entitled to dress in a barrister’s gown must wear such gown.

Chapter 6 

Conduct In Relation to Instructions,

Laws and Other Regulations

Clause 21

A lawyer shall comply with instructions from the President Extraordinary of the Lawyers Council, the Council of the Lawyers Council, and the Lawyers Conduct Committee, as well as rules and regulations issued by such persons and exercise the authority handed to them by such provisions of law.

 

Notified on this 18th day of February, BE 2529 (1986).

 

Mr. Prathan Duangratana

 

President of the Lawyers Council

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