THAILAND Law and Practice Contributed by: Chusert Supasitthumrong, John Frangos, Alongkorn Tongmee and Eric Meyer, Tilleke & Gibbins
1.4 Legal Representation in Court To represent a client in court or work as a law- yer under Thai law, one must meet the following qualifications. • Hold a bachelor’s degree in law (LLB). • Possess a licence to practice law from the Lawyers Council of Thailand. • Be a Thai national. • Be at least 20 years old on the date of sub- mitting the registration and licensing applica- tion. • Have good moral character. • Not be currently serving a prison sentence by final judgment. • Never have been sentenced to imprisonment by final judgment. • Not be declared bankrupt by final judgment. • 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 employ- ee with a permanent salary and position, except for political office holders. Foreigners cannot become lawyers under Thai law. Accordingly, they are unable to conduct cases in Thai courts. 2. Litigation Funding 2.1 Third-Party Litigation Funding Litigation funding by a third-party funder is gen- erally not permitted in Thailand. This is because litigation funding would be considered contrary to “public order and good morals” (ie, public pol- icy) under Thai law. This is especially the case when the funder is a lawyer who funds the case to seek benefits in return, as it would be con- sidered 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 interest or involvement in the dispute. For example, if the litigation funding did not consti- tute seeking benefits from pursuing the litiga- tion of others, but only represented 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 , litigation funding by a third-party funder is gener- ally not permitted in Thailand, regardless of the type of lawsuit. 2.3 Third-Party Funding for Plaintiff and Defendant As noted in 2.1 Third-Party Litigation Funding , litigation funding by a third-party funder is gener- ally not permitted in Thailand. 2.4 Minimum and Maximum Amounts of Third-Party Funding As discussed in 2.1 Third-Party Litigation Fund- ing , litigation 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 permitted under Thai law. As discussed in 2.1
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