THAILAND Law and Practice Contributed by: Chusert Supasitthumrong, John Frangos, Alongkorn Tongmee and Eric Meyer, Tilleke & Gibbins
selves in court. Thai law allows the court to also order a “closed trial” in certain cases, during which the pub- lic will not be permitted to attend or access informa- tion about the proceedings. Court filings are generally not available to the public. Only the parties to a case can access court submis- sions. 1.4 Legal Representation in Court To represent a client in court or work as a lawyer under Thai law, one must meet the following qualifications: • Hold a bachelor’s degree in law (LLB). • Possess a licence to practise law from the Lawyers Council of Thailand. • Be a Thai national. • Be at least 20 years old on the date of submitting the registration and licensing application. • Have good moral character. • Not be currently serving a prison sentence by final judgment. • Never have been sentenced to imprisonment by final judgment. • Not have been declared bankrupt by final judg- ment. • Not suffer from certain contagious diseases. • Not be physically disabled or mentally impaired in a way that renders one incapable of performing the duties of a lawyer. • Not be a government official or local employee with a permanent salary and position, except for politi- cal office holders. Foreigners cannot become lawyers under Thai law. Accordingly, they are unable to conduct cases in Thai courts.
it would be considered that the lawyer encouraged or incited the parties to enter into the dispute. This would make litigation funding, if made in the form of an agreement, void under Thai law. An exception to the rule against litigation funding can be made in a case where the funder has a direct inter- est or involvement in the dispute. For example, if the litigation funding did not constitute seeking benefits from pursuing the litigation of others, but only rep- resented the funder pursuing or protecting its own interest, such agreement would be legally enforceable and not contrary to public policy. But this is a separate concept from the types of third-party funders that are seen in other jurisdictions in which this is allowed. 2.2 Third-Party Funding: Lawsuits As noted in 2.1 Third-Party Litigation Funding , litiga- tion funding by a third-party funder is generally not permitted in Thailand, regardless of the type of law- suit. 2.3 Third-Party Funding for Plaintiff and Defendant As noted in 2.1 Third-Party Litigation Funding , litiga- tion funding by a third-party funder is generally not permitted in Thailand. 2.4 Minimum and Maximum Amounts of Third-Party Funding As noted in 2.1 Third-Party Litigation Funding , litiga- tion funding by a third-party funder is generally not permitted in Thailand. 2.5 Types of Costs Considered Under Third- Party Funding See 2.1 Third-Party Litigation Funding . 2.6 Contingency Fees Contingency fee arrangements are generally not per- mitted under Thai law. As discussed in 2.1 Third-Par- ty Litigation Funding , this type of fee arrangement would be one deemed to encourage a lawyer to seek benefits from the dispute in which his or her client is involved. Accordingly, similar to an agreement regard- ing third-party funding, a contingency fee agreement would be considered void under Thai law.
2. Litigation Funding 2.1 Third-Party Litigation Funding
Litigation funding by a third-party funder is generally not permitted in Thailand. This is because litigation funding would be considered contrary to “public order and good morals” (ie, public policy) under Thai law. This is especially the case when the funder is a law- yer who funds the case to seek benefits in return, as
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