Property Lawyer

**chitown** · 20-09-2009, 05:39 PM

Originally Posted by AntRobertson

From all over usually... US, NZ, Aust., UK and so on.

They went to LAW school in another country?

Originally Posted by AntRobertson

An advanced law degree obviously. LLM etc.

In home economics or law or what?

If they got a phd is French Poetry then should I assume they are a better lawyer?

**pickel** · 20-09-2009, 05:41 PM

Originally Posted by the dogcatcher

My land lease is in Thai, I had it translated and all ok. Email contracts, dunno don't they have to be witnessed and or signed at the land office. I do know that the farangs name has to be written in Thai though.

I think William pointed out in another thread somewhere that a contract can be legally done in English as long as it is specified in the contract and signed to by the parties.

**chitown** · 20-09-2009, 05:41 PM

Originally Posted by good2bhappy

reasonable law school

A 4 year degree and they are able to practice law.

**good2bhappy** · 20-09-2009, 05:42 PM

^ no
...

**chitown** · 20-09-2009, 05:43 PM

Originally Posted by good2bhappy

^ no
...

Sorry, but to be a lawyer in Thailand you need to graduate with a Bachelors in law.

**AntRobertson** · 20-09-2009, 05:44 PM

Originally Posted by chitown

Originally Posted by AntRobertson

From all over usually... US, NZ, Aust., UK and so on.

They went to LAW school in another country?

Usually seems to be the case, not always though.

Originally Posted by AntRobertson

An advanced law degree obviously. LLM etc.

In home economics or law or what?

If they got a phd is French Poetry then should I assume they are a better lawyer?

An LLM is a Masters degree in Law.

**chitown** · 20-09-2009, 05:45 PM

Originally Posted by AntRobertson

Originally Posted by chitown

Originally Posted by AntRobertson

From all over usually... US, NZ, Aust., UK and so on.

They went to LAW school in another country?

Usually seems to be the case, not always though.

Originally Posted by AntRobertson

An advanced law degree obviously. LLM etc.

In home economics or law or what?

If they got a phd is French Poetry then should I assume they are a better lawyer?

An LLM is a Masters degree in Law.

I know what an LLM is, but in Thailand you need a 4 year degree to practice law. Is that not correct?

You need a 4 year degree to deliver a pastry bag full of baht to get Taksin acquitted.

**jandajoy** · 20-09-2009, 05:48 PM

Originally Posted by chitown

A 4 year degree and they are able to practice law.

If they've got the personal connections to get into a practice.

**taxexile** · 20-09-2009, 05:48 PM

Quote:
Originally Posted by chitown (Property Lawyer)

Quote:
Originally Posted by AntRobertson (Property Lawyer)
From all over usually... US, NZ, Aust., UK and so on.

They went to LAW school in another country?

Usually seems to be the case, not always though.

how can they study thai law in london, or harvard ?

no lawyers on the forum ???????

**AntRobertson** · 20-09-2009, 05:51 PM

Originally Posted by chitown

I know what an LLM is, but in Thailand you need a 4 year degree to practice law. Is that not correct?

At a minimum yes. No different from most other countries.

The point is that there are qualified and decent Thai lawyers.

**chitown** · 20-09-2009, 05:51 PM

My wife does contract translations for a lawyer and that is fact. She does not have a law degree.

**chitown** · 20-09-2009, 05:52 PM

Originally Posted by AntRobertson

Originally Posted by chitown

I know what an LLM is, but in Thailand you need a 4 year degree to practice law. Is that not correct?

At a minimum yes. No different from most other countries.

The point is that there are qualified and decent Thai lawyers.

In the US you get a 4 year degree and then, if accepted, go to law school for 4 years and then have to pass the bar exam.

**AntRobertson** · 20-09-2009, 05:56 PM

^In home economics? Still a 4yr degree though isn't it.

This is all off-topic anyways, this guy needs some specific property advice so needs to consult with a suitably qualified lawyer.

**dirtydog** · 20-09-2009, 07:16 PM

Anybody can draw up a contract whether they have a law degree or a fake TEFLer certificate, the contract can be in English or Thai, if it is in both then the Thai one is the only one considered important, unless, it states in both contracts that the English version takes precedence, plenty of lawyers in Pattaya that are able to undertake such a simple undertaking.

**the dogcatcher** · 20-09-2009, 08:25 PM

DD, I though that in disputes the English one took precidence.

**dirtydog** · 20-09-2009, 08:52 PM

^You thought wrong, the Thai version takes precidence unless stated on the Thai version that the English version takes precidence, if it doesn't state that you probably wouldn't even be allowed to submit the English version as evidence in a court action.

**the dogcatcher** · 20-09-2009, 09:04 PM

Ok. Thanks. For the record my Thai land lease reads almost exactly the same as some land leases I have in the UK.

**William** · 21-09-2009, 03:56 AM

There is no requirement in Thailand that you need a law degree in order to advise on Thai law. Moreover, there is no Law Society that regulates the Thai law profession in the same way as you would find in most home countires. As such, any Thai national can advise on Thai law.

That said, in order to represent a client in a Thai court, the lawyers needs both a degree in law (LLB) and to be a member of the Thai Law Society (a matter of registration). There is no qualification/trainining (2 years) in the same way as in England.

In order to be a judge, you need a degree in law (LLB) and to have passed the Bar exam (Barrister). The Bar exam in Thailand is somewhat onerous and not many pass this on the first attempt (which doesn't necessarily make them bad lawyers).

No foreigner can be 'qualified' in Thai law - but many I know have many years of expereince. There is an execption to this in that there are about 7 foreign lawyers who were grandfathered when this law came into force. All 7 must be in their 60s by now and may no longer practice day-to-day [I think Albert Chandler - from Chandler Tong-ek is one of these].

The reason many foreigner lawyers believe they can get away with being 'lawyers' in Thailand is that Thailand committed to allow foreigners to advise on the law of their home country (in much the same way as you see in S'pore and HK) some time ago under WTO rules. These rules were due to come into force in 2000, but as far as I am aware they are still pending. Nonetheless, this would still not allow them to advise on 'Thai' law - but rather English, US or OZ law.

The question you may wish to consider is how many lawyers in Thailand have professional indemnity insurance (PII)? In my experience, 90%+ of 'lawyers' in Thailand didn't know what PII was, let alone have it. Those that did [know what it is], consider PII as unnecessary as they are working via a limited liability company structure, therefore, have very limited liability exposure to their clients.

As such, when seeking advice from any lawyer in Thailand extreme care you be taken because:

* you do not need to be qualified to provide the advice
* the profession is unregulated
* there is unlikely to be any PII to claim against in the event of negligent or bad advice.

I should also say that I left Thailand 2 years ago and many of these things could have changed in that time.

**Nawty** · 21-09-2009, 10:05 AM

I can highly recommend a Pattaya based lawyer company NOT to go anywhere near......the most useless bunch of stoooopid fcukers to ever see the inside of a courtroom.

**the dogcatcher** · 21-09-2009, 01:30 PM

Won,t even bother with the fake legal degree then.

**DrB0b** · 21-09-2009, 02:17 PM

Originally Posted by chitown

Originally Posted by AntRobertson

Originally Posted by chitown

I know what an LLM is, but in Thailand you need a 4 year degree to practice law. Is that not correct?

At a minimum yes. No different from most other countries.

The point is that there are qualified and decent Thai lawyers.

In the US you get a 4 year degree and then, if accepted, go to law school for 4 years and then have to pass the bar exam.

In Thailand to become a licenced (quite a few Thai "lawyers" are unlicenced) lawyer you have to do this;

"Section 35. An applicant for registration and a License shall have the following qualifications: (1) being of Thai nationality; (2) being at least twenty years of age; (3) having a Bachelor's Degree or an Associate Degree in law or a certificate in law equivalent to a Bachelor's Degree or Associate Degree from an educational institute accredited by the Law Society of Thailand, and must be a member of the Thai Bar Association; (4) not being a person of indecent behavior or delinquent morals or a person whose conduct is indicative of dishonesty; (5) not being imprisoned by a final judgment; (6) never having been imprisoned by a final judgment for an offence which, in the Board's discretion, will impair the integrity of the profession; (7) not being bankrupt by a final judgment; (8) not having an ailment which is contagious and repugnant to the public; (9) not being physically disabled or mentally infirmed which may cause professional incompetence; (10) not being a government official or a local government official with permanent salary and position except a political official."
Section 35 of the Lawyers Act B.E. 2528

and this

The Lawyers Act B.E. 2528 (AD 1985) defines a lawyer as "a person who has been registered as a lawyer, and a license has been issued to him or her by the Law Society of Thailand." Therefore, no one can become a lawyer or practice law in Thailand without an education in law, registration, and a license to practice. Unlike the United Kingdom, lawyers in Thailand are not divided into barristers and solicitors, nor are they required to pass a bar examination as they would be in the United States.

To become a member of the Law Society of Thailand, an individual must meet certain educational requirements and be a lawyer as defined in the Lawyers Act. Educational requirements for membership in the Law Society of Thailand are that a candidate must have obtained a Bachelor's Degree in law (LL.B) or an Associate Degree in law or a certificate in law equivalent to a Bachelor's Degree or Associate Degree, from an educational institution accredited by the Law Society of Thailand. Further, the individual must also be a member of the Thai Bar Association.(9)

To be registered and to obtain a lawyer's license, in most cases the candidate must complete training in professional ethics and the basic principles of advocacy and the legal profession. The training course, run by the Institute of Law Practice Training of the Law Society of Thailand, is usually divided into two terms. In the first term, the candidate has to learn the theory of case conduct and professional ethics for not less than 90 hours. In the second term, he/she must practice working in a qualified law office for at least six months. An examination will be held at the end of each term. After completion of the training course, a candidate may apply for membership in the Law Society of Thailand.(10) An exception to the training course is given to candidates who have been an apprentice in a law firm for over a year and have passed an examination specified by the Board of Governors of the Law Society of Thailand. http://www.thailawforum.com/articles...nunlegal2.html

**the dogcatcher** · 21-09-2009, 07:24 PM

Sounds like it's pretty well governed. I think the training period maybe a little short. Perhaps that's all the time you need to learn the scams.
I have never met a solicitor that ein't a bit bent, that's how they get along.
I certainly won't use a solicitor that does'nt get the job done, if he's gotta flex the rules a bit then, that's ok. But using a Thai lawyer, dunno? I don't mind a bit of questionable behaviour, but, well... you know!

**MustavaMond** · 24-09-2009, 07:54 AM

Originally Posted by the dogcatcher

Sorry, you can own the house but not the land. Put the whole lot in her name and take a loan on the whole jolly lot in her name, then you can walk if you want.
Try not to use your money, once it's in Thailand it's a bugger to get out.

Perhaps money you've earned in Thailand is but retrieving funds transferred from overseas it is easily as long as you have the " Foreign Funds " document the bank manager should have filled out when you transferred funds into the account .

So keep that form safe because copies may not be adequate.

And do make sure that it is filled out properly , ( it is in English ). I had difficulties because the space where, " ..What money is to be used for.." was left blank. I spent 3 hours in the bank while the manager hemmed and hawed but did finally get all my money out, in an international bank draft form and deposited it OK in Singapore.

I found it interesting they constantly referred to my not having a work permit as an impediment, however I sure didn't need one to open the account ( in 2005. )

**taxexile** · 24-09-2009, 09:01 AM

I am about to purchase a house for my gf

you need a counsellor not a lawyer.

**the dogcatcher** · 24-09-2009, 05:14 PM

Originally Posted by MustavaMond

Originally Posted by the dogcatcher

Sorry, you can own the house but not the land. Put the whole lot in her name and take a loan on the whole jolly lot in her name, then you can walk if you want.
Try not to use your money, once it's in Thailand it's a bugger to get out.

Perhaps money you've earned in Thailand is but retrieving funds transferred from overseas it is easily as long as you have the " Foreign Funds " document the bank manager should have filled out when you transferred funds into the account .

So keep that form safe because copies may not be adequate.

And do make sure that it is filled out properly , ( it is in English ). I had difficulties

because the space where, " ..What money is to be used for.." was left blank. I spent 3 hours in the bank while the manager hemmed and hawed but did finally get all my money out, in an international bank draft form and deposited it OK in Singapore.

I found it interesting they constantly referred to my not having a work permit as an impediment, however I sure didn't need one to open the account ( in 2005. )

I didn,t get that bit of paper, but there are many ways to skin a cat. If you sell a property to another farang then then money can be put into your farang bank account. And agreed on the Thai bank account, no probs at all.

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