Lawyers Act B.E. 2528 (1985)

 

          Section 1. This Act is called the “Lawyers Act, B.E. 2528 (1985)”

          Section 2. This Act shall come into force after the expiration of ninety days from the date of its publication in the Government Gazette.

          Section 3. The Lawyers Act, B.E. 2508 (1965) and the Lawyers Act (No.2), B.E. 2514 (1971) shall be repealed.

          All other laws, rules and by-laws in s far as they have already been provided herein, or are contrary to or inconsistent with the provisions of this Act, shall be replaced by this Act.

          Section 4. In this Act:

          “Lawyer” means a person that the Lawyers Council has accepted his or her registration and has issued a licence to be a lawyer;

          “Chancellor” means the chancellor of the Lawyers Council;

          “President” means the president of the Lawyers Council;

          “Committee Member” means a Committee member of the Lawyers Council;

          “Committee” means the Committee of the Lawyers Council;

          “Member” means a member of the Lawyers Council;

          “Regulation” means a regulation of the Lawyers Council;

          “Licence” means a licence to become a lawyer;

          “Minister” means the Minister who has change and control of the execution of this Act.

          Section 5. The Minister of Justice shall have charge and control of the execution of this Act, and shall have the power to issue Ministerial Regulations specifying fees not exceeding the rates as shown in the attachment of this Act and to specify other matters for the execution of this Act.

          A Ministerial Regulation shall come into force upon its publication in the Government Gazette.

 

CHAPTER I

THE LAWYERS COUNCIL

          Section 6. There shall be a council called the “Lawyers Council” which is consisted of the Committee of the Lawyers Council and the Members of the Lawyers Council with objectives, authorities as provided in this Act.

          The Lawyers Council shall be a juristic person.

          Section 7. The Lawyers Council has objectives as follows:

          (1) to promote education and practice of the profession as a lawyer;

          (2) to control the professional conduct of a lawyer;

          (3) to promote the unity and maintain the honour of the Member of the Lawyers Council;

          (4) to promote and arrange welfares for the Member of the Lawyers Council;

          (5) to promote, assist, advise, disseminate and provide education relating to law to the people.

          Section 8. The Lawyers Council has the authorities as follows:

          (1) to register and issue licence under this Act;

          (2) to take action for the implementation of the objectives of the Lawyers Council and of the authorities of the Lawyers Council as provided in this Act.

          Section 9. The Lawyers Council may have incomes as follows:

          (1) registration fees, dues and fees under this Act;

          (2) subsidy from government budget;

          (3) incomes from properties and other undertakings;

          (4) properties acquired by donation for the implementation of the objectives.

          Section 10. The Minister shall hold the position of the Chancellor of the Lawyers Council and have authorities under this Act.

 

CHAPTER II

THE MEMBER OF THE LAWYERS COUNCIL

          Section 11. Members of the Lawyers Council are Lawyers under this Act.

          Section 12. The rights and duties of Members of the Lawyers Council are as follows:

          (1) to express an opinion in writing relating to the implementation of objectives or authorities of the Lawyers Council by sending such opinion to the Committee of the Lawyers Council. In the case where fifty members or more propose to the Committee of the Lawyers Council to consider a particular matter relating to the implementation of the objectives or authorities of the Lawyers Council, the Committee of the Lawyers Council shall consider such matter and notify the outcome of such consideration to the proposing members without delay;

          (2) to enquire about the execution of the authorities of the Committee or about the general administration of the Lawyers Council in the general meeting of the Lawyers Council;

          (3) to elect or to be elected as the President or Committee Member of the Lawyers Council;

          (4) to maintain the honour of the profession and to comply with the provisions of this Act.

          Section 13. The membership of the Lawyers Council shall terminate upon:

          (1) death;

          (2) the termination of being a lawyer under section 44.

 

CHAPTER III

THE COMMITTEE OF THE LAWYERS COUNCIL

          Section 14. There shall be a committee called “the Committee of the Lawyers Council” composed of a representative of the Ministry of Justice and a representative of the Thai Bar as Committee Members and, the President and other Committee Members not more than twenty three elected by Members of the Lawyers Council nationwide. Such Committee members, not less than nine of them, shall have offices in different regions in accordance with the Royal Decree on the Appointment of Regional Judges, one Committee member per region.

          Section 15. The President shall appoint other Committee Members under section 14 to serve as the Vice President, secretary-general, registrar, treasurer, welfare officer, public relation officer and other positions as appropriate with the approval of the Committee with authorities as specified in the Regulation.

          Section 16. The President and elected Committee Members shall hold office for a term of three years and shall not hold office for more than two consecutive terms.

          Section 17. A Lawyer who has registered and received a licence before the election day of the President or Committee members, for not less than thirty days, is entitled to elect the President and/or Committee members.

          A Lawyer who has applied to become a candidate for the President or Committee Member shall be a Lawyer who has registered and acquired a licence for not less than five years prior to the election day of the President or Committee Member.

          Section 18. In the election of the President and Committee Members under section 14, a Lawyer shall exercise the right to vote in person by secret ballot. A Lawyer who has his or her office in any province may cast a vote at such respective province or at the general meeting.

          Rules and procedures for the election of the President and Committee members shall be as specified in the Regulation.

          Section 19. The professional conduct committee shall have the authorities to control the election of the President and Committee Members to be in accordance with the law and Regulation.

          Section 20. When there are circumstances indicating that the Committee, the President, any Committee Member has acted in contrary to the objectives of the Lawyers Council or has caused severe disgrace to the Lawyers Council, the Minister shall have the power to order the Committee, the President or such Committee Member to vacate the office.

          In the case where the Minister is going to give an order under paragraph one, the Minister shall appoint a representative of the Ministry of Justice, representatives of the Thai Bar who are a public prosecutor and a lawyer and four other lawyers to form an inquiry committee. The inquiry committee shall quickly complete the inquiry and furnish the Minister with an inquiry statement together with opinions for consideration and giving of order.

          An order of the Minister shall be final.

          Section 21. In addition to the vacating of office upon the expiration of the term, the President or Committee Member who has been elected shall individually vacates office upon:

          (1) death;

          (2) resignation;

          (3) lack of qualifications of the candidate for the President or Committee Member under section 17 paragraph two;

          (4) being individually dismissed by an order of the Minister under section 20;

          (5) the termination of being a lawyer under section 44;

          (6) being so physically disabled to the extent that the performance of duty is prevented or being unsound mind or of mental infirmity;

          (7) being sentenced by a final judgement to become bankrupt; or

          (8) being sentenced by a final judgement to imprisonment.

          Section 22. In the case where the entire Committee vacates office and the new Committee has not yet been elected, the Committee Member whose term has expired shall continue performing duties until the new Committee assumes duties, except in the case where the Minister has given order to dismiss the Committee under section 20, the professional conduct committee shall perform duties of the Committee until the new Committee assumes duties and the chairperson of the professional conduct committee shall perform the duties of the President.

          In the interim execution of duties during the time that the new Committee has not yet assumed duties, the Committee vacating office or the professional conduct committee, as the case may be, shall have the authorities under section 27(1) only in the matters with continuing characteristics and only as necessary for the regular work of the Committee is able to be continued without damage or being disrupted, and to organise a new election of the new Committee within sixty days from the date that the existing Committee vacates office. A subcommittee may be appointed to assist in the organisation of such election.

          Section 23. When the elected President or Committee Member vacates office before the expiration of the term, the replacement election of the President or Committee Member shall be organised within sixty days as from the date that such office becomes vacant except in the case where the remaining term is less than one hundred and eighty days.

          A person elected to be the President or Committee Member to replace the vacant office shall hold office for the term of person being replaced.

          Section 24. At a meeting of the Committee, the presence of not less than one-half of Committee members is required to constitute a quorum, and the President or a person acting in his or her place shall preside over the meeting.

          A resolution of the meeting shall be made by a majority of votes. In casting a vote, each Committee Member shall have one vote. In the case of an equality of votes, the presiding Committee Member shall have an additional vote as the casting vote.

          Section 25. In the case where the President vacates office before the expiration of the term or the President is absent or unable to perform duties, the Vice President shall be acting in the President’s place. If the Vice President vacates office before the expiration of the term or the Vice President is absent or unable to perform duties, the Committee shall elect any member of the Committee to act in place.

          Section 26. The Chancellor or, his or her representative may attend a meeting and explain, give opinion at the meeting of the Committee or may send an opinion in writing to the Lawyers Council on a particular matter but has no right to cast a vote.

          Section 27. The Committee shall have the authorities as follows:

          (1) to administer the matter of the Lawyers Council in accordance with the objectives as specified in section 7;

          (2) to appoint a subcommittee to perform or consider matters within the scope of the objectives of the Lawyers Council except matters with the characteristics or condition which is unassignable;

          (3) to issue the Regulation of the Lawyers Council relating to matters as specified in this Act and Regulations relating to:

               (a) the admission and termination of Members of the Lawyers Council;

               (b) the collection of the payment of dues and fees;

               (c) the notification on the relocation of the Lawyer’s office;

               (d) the meeting of the Committee and the subcommittee;

               (e) other matters within the scope of objectives of the Lawyers Council or within the authorities of the Lawyers Council under other laws including the appointment, the supervision, the maintenance of disciplines and the vacating of office of officers of the Lawyers Council.

          Section 28. Upon being approved by the Chancellor and published in the Government Gazette, the Regulation shall come into force.

          Section 29. The President shall propose the draft of the Regulation to the Chancellor without delay. The Chancellor may veto such draft Regulation by giving evident reasons. In the case where there is no veto within thirty days from the date of receipt of such draft Regulation proposed by the President, it shall be deemed that the Chancellor has approved such draft Regulation.

          Section 30. If the Chancellor has vetoed a draft Regulation, the Committee shall organise a meeting to reconsider such draft Regulation by taking the reason of the Chancellor into consideration. In such meeting, if the draft Regulation is confirmed by two-third of the members of the Committee, the President shall propose such draft Regulation to the Chancellor one more time. If the Chancellor does not approve such draft Regulation or does not return such draft Regulation within fifteen days as from the date of receipt of such draft Regulation, the President shall undertake to promulgate such draft Regulation in the Government Gazette.

          Section 31. Not less than one hundred lawyers are entitled to propose the Committee for considering amending the Regulation.

          Section 32. In the matter relating to an outsider, the President shall have the power to act on behalf of the Lawyers Council, but the President may, in writing, assign a Committee member to act on his or her behalf in any particular matter.

 

CHAPTER IV

THE APPLCATION FOR REGISTRATION AND THE RECEIPT OF LICENCE

          Section 33. A person who has not registered and received a licence or a person whose legal profession is terminated or who is prohibited from being a lawyer conducting a case in the Court or draft a complaint, answer, appellate complaint, appellate answer, complaint in the Supreme Court, answer in the Supreme Court, a petition or statement relating to a trial in the Court for other persons, except that such action is taken in the status of a civil servant performing duties or being a state official of the state agency or, state organization, state enterprise, a performer of duties or having authorities under the provisions of law on legal procedure or other laws.

          Section 34. The application for registration and the receipt of licence, the acceptance of registration and the issuance of licence, the renewal of licence and the notification of termination of practice as Lawyer shall be in accordance with the rules and procedures specified in the Ministerial Regulation.

          Section 35. A person applying for registration and receipt of a licence shall possess the following qualifications:

          (1) having Thai nationality;

          (2) being not less than twenty years of age on the day of applying for registration and receipt of a licence;

          (3) having graduated with a Bachelor’s degree or diploma in law or certificate in law equivalent to Bachelor’s degree or diploma from an educational institution accredited by the Lawyers Council and being a member of the Thai Bar;

          (4) not being a person with disgraceful behavior or moral turpitude and not being a person who has taken any action indicating untrustworthiness in honesty;

          (5) not being sentenced by a final judgement to imprisonment;

          (6) not having been sentenced by a final judgement to imprisonment in a case deemed by the Committee as the case that brings disgrace to the honour of the profession;

          (7) not being sentenced by a final judgement to be bankrupt;

          (8) not being a person with socially disgusted contagious disease ;

          (9) not being a person with physical or mental disability which is the cause of incompetence in pursuing a legal profession;

          (10) not being a government official or an employee attached to a local administration with salary and holding a permanent position except a political official;

          (11) not being a person prohibited from lodging an application for registration and receipt of a licence under section 71.

          Section 36. Subject to section 38, when the Committee has received an application for registration and receipt of a licence and the Committee deems that an applicant possesses qualifications under section 35, the Committee shall quickly consider accepting the registration and issuing a licence to the applicant.

          In the case where the Committee denies the registration and the issuance of licence to an applicant, the Committee shall explicitly give reason of such denial of registration and issuance of licence. In such case, the applicant is entitled to appeal against such denial of registration and issuance of licence of the Lawyers Council to the Chancellor in accordance with the rules and procedures as specified in the Regulation.

          The finding of the Chancellor shall be final.

          Section 37. A person who has registered and received a lawyers’ licence or a person whose licence has been renewed shall become a Member of the Lawyers Council.

          Section 38. In the case where a person lodging an application for registration and receipt of licence to be a Lawyer has never been a Lawyer or has never held a position as a judge, judge of the military court, public prosecutor, military prosecutor or lawyer under the law on the statute of the military court before, the Committee shall accept the registration and issue a licence when the person lodging an application has passed a training on lawyers’ ethics, basic principles in advocacy and the conduct of legal profession except such person lodging an application has received a training in a lawyer’s office for not less than one year.

          When deemed appropriate, the Committee may give an order to exempt a person lodging an application and receiving of a licence with qualifications as specified in the Regulation from training under paragraph one.

          The training under paragraph one shall be in accordance with the curriculum, procedure and period of time specified in the Regulation.

          Section 39 A licence shall be valid for two years from the date of issuance, except for a licence that a fee of lifelong rate is paid, shall be valid for the lifetime of the holder.

          A Lawyer holding a licence with two year validity, if he or she wishes to continue being a lawyer, shall lodge an application for renewal within ninety days before the expiration of a licence. At each renewal, a licence shall be valid for two years from the date that the former licence has expired.

          In the case where a renewal has been denied by the Committee, the paragraph two of section 36 shall be applied mutatis mutandis and the finding of the Chancellor on appeal shall be final.

          Section 40. A Lawyer who fails to renew a licence under section 39, paragraph two, is entitled to renew a licence if an application of renewal is lodged within sixty days from the date that a licence expires and a surcharge of twenty per cent of licence fee has been paid.

          Section 41. A licence shall be in the format specified in the Regulation by showing at least the name, date, month and year of birth, address as shown in the house registration, the location of office, a photograph of the licence holder, the number of the licence, the date of issuance and the expiry date.

          In the case where a licence has been lost or materially damaged, a licence holder shall lodge an application for a substitute of a licence within thirty days from the date that the loss or damage is known.

          Section 42. A Lawyer shall have only one registered office as specified in an application for registration and receipt of a licence or as subsequently informed to the Lawyers Council of the relocation.

          The lawyers’ registrar shall record the office of the Lawyer under paragraph one in the lawyers’ register.

          Section 43. When it appears to the Committee that any Lawyer lacks qualifications under section 35, regardless of whether such qualification is lacking before or after the registration and receipt of licence, such Lawyer shall be disqualified from being a Lawyer and the Committee shall remove the name of such Lawyer from the lawyers’ register.

          The provision of paragraph one shall not be applied to a Lawyer who has been sentenced by a final judgement to imprisonment after such Lawyer has registered and received a licence.

          When the name of a Lawyer is removed from the lawyers’ register under paragraph one, the provision of section 36, paragraph two, shall be applied mutatis mutandis and a finding on the appeal of the Chancellor shall be final.

          The provision of section 70 shall be applied to the removal of the name of Lawyer from the lawyers’ register under paragraph one mutatis mutandis.

          Section 44. A Lawyer shall be terminated from being a Lawyer upon:

          (1) death;

          (2) the submission of a notification of termination by lawyer;

          (3) a failure to renew a licence under section 39, paragraph two;

          (4) being removed from a lawyers’ register under section 43 ; or

          (5) being removed from a lawyers’ register under section 66, section 67, section 68 or section 69.

 

CHAPTER V

THE GENERAL MEETING OF THE LAWYERS COUNCIL

          Section 45. The general meetings of the Lawyers Council are an annual general meeting and an extraordinary general meeting.

          Section 46. The Committee shall organise an annual general meeting once a year within April of every year.

          Section 47. When there are reasonable grounds, the Committee may, whenever possible, organise an extraordinary general meeting.

          When not less than one hundred members have signed a request in writing asking for an organisation of extraordinary general meeting, the Committee, except in the case where the Committee deems that the matter requested for the consideration of a meeting is not relevant to the Lawyers Council or without reasonable grounds to be considered by the general meeting of the Lawyers Council, shall organise an extraordinary general meeting within thirty days from the date of receipt of such request.

          A letter of request under paragraph two shall evidently specify the matter to be considered by the meeting and the appropriate reason of the meeting.

          Section 48. In the case where the Committee does not organise an extraordinary general meeting upon being requested under section 47, paragraph two, the Committee shall evidently notify the reason for not organising such extraordinary general meeting to one of the members who signed the letter of request within thirty days from the date of receipt of such letter of request. In this case, members who signed the letter of request shall be entitled to sign a protest against the failure to organise such extraordinary general meeting to the Chancellor in accordance with the rules and procedures specified in the Regulation.

          The finding of the Chancellor shall be final. In case that the Chancellor has agreed with the protest under paragraph one, the Committee shall organise an extraordinary general meeting within thirty days from the date of being notified of the finding from the Chancellor.

          Section 49. At the general meeting of Lawyers Council, the presence of not less than three hundred members in person shall constitute a quorum. If at any meeting, the President does not attend or is unable to perform the duty, the Vice President shall preside over the meeting. If the President and the Vice President are not present in the meeting or are unable to perform the duty, members attending the meeting shall elect one among themselves to preside over such particular meeting.

          A resolution of the meeting shall be made by a majority of votes. In casting a vote, each Committee Member shall have one vote. In the case of an equality of votes, the chairperson of the meeting shall have an additional vote as the casting vote.

          Section 50. Subject to the provisions of this Act, the general meeting of the Lawyers Council shall be as specified in the Regulation.

 

CHAPTER VI

THE PROFESSIONAL CONDUCT OF LAWYERS

          Section 51. Lawyers shall behave themselves in accordance with the Regulation on Professional Conduct. In specifying the professional conduct, the Lawyers Council shall provide as a Regulation.

          A Lawyer violating and failing to comply with the Regulation that the Lawyers Council has provided under paragraph one, it shall be deemed that such Lawyer is in breach of the professional conduct.

          Section 52. Penalties for a breach of professional conduct have threefold:

          (1) probation;

          (2) prohibition of practice as a lawyer for a period of not exceeding three years;

          (3) removal of names from the lawyers’ register.

          In the case where such breach of professional conduct is a petty breach and it is being the first time, if a person with the power to give an order on punishment under section 66, section 67 or section 68, as the case may be, deems that there are reasonable grounds to refrain from punishment, the punishment may be refrained and the reprimand or the probation in writing may be used instead.

          Section 53. The Regulation on the Professional Conduct shall be composed of stipulations as follows:

          (1) professional conduct to the Court and in the Court;

          (2) professional conduct to the client;

          (3) professional conduct amongst lawyers;

          (4) professional conduct to the people with a lawsuit;

          (5) professional conduct on the behavior of the lawyer;

          (6) the attire of the lawyer; and

          (7) the compliance with an order of the professional conduct committee, the Committee or the Chancellor as the case may be.

 

CHAPTER VII

THE PROFESSIONAL CONDUCT COMMITTEE

          Section 54. There shall be a professional conduct committee consisted of the chairperson, the vice chairperson and other members of professional conduct committee in the number as specified by the Committee but not less than seven.

          The Committee shall appoint members of professional conduct committee from lawyers with qualifications as follows:

          (1) having been a lawyer for accumulatively not less than ten years;

          (2) having never been punished for a breach of professional conduct or having never been removed of name from the lawyers’ register.

          Section 55. The appointment of members of professional conduct committee under section 54 shall be completed when an approval from the Chancellor is acquired.

          Section 56. The President shall notify the Chancellor of the appointment of the members of professional conduct committee under section 54 without delay. In the case where the Chancellor does not notify the outcome of the consideration on approval to the President within thirty days from the date of being notified of the appointment, it shall be deemed that the Chancellor has approved such appointment.

          In the case where the Chancellor has notified the President within the specified period of time in paragraph one of the disapproval of the appointment of the professional conduct committee or any member of the professional conduct committee, the Committee shall reconsider such appointment one more time. If the Committee has confirmed the appointment with votes of not less than two-third of the number of the whole panel of the Committee, the President shall notify such appointment to the Chancellor. If the Chancellor does not approve or does not notify within fifteen days from the date of the receipt of the notification from the President, the President shall be able to appoint such panel of the professional conduct committee or such member of the professional conduct committee.

          Section 57. The chairperson of the professional conduct committee has the power and duty to control the hearing of cases on professional conduct to be speedy and fair and has other powers and duties as specified in this Act or in the Regulation.

          When the chairperson of the professional conduct committee is absent or unable to perform the duty, the vice chairperson of the professional conduct committee shall perform the duty on the chairperson’s behalf. If the chairperson or the vice chairperson of the professional conduct committee is absent or unable to perform the duty, the member assigned in writing by the chairperson shall perform the duty on behalf of the chairperson of the professional conduct committee.

          Section 58. A member of the professional conduct committee holds office for a term of three years and may be reappointed but may not hold office for more than two consecutive terms.

          If the office is vacated before the expiration of the term, the Committee shall proceed with the replacement appointment except that the remaining term of office of member of professional conduct committee is less than ninety days, the Committee may not proceed with such replacement appointment and the provisions of section 55 and section 56 shall apply to the replacement appointment mutatis mutandis.

          A member of the professional conduct committee appointed to replace a member vacating the office shall hold office for the unexpired term of office of the member being replaced.

          Section 59. In the case where the panel of the professional conduct committee has vacated the office and the appointment of the new panel of the professional conduct committee has not yet been made, the existing panel of the professional conduct committee shall continue performing the duty until the new panel of professional conduct committee assumes the duty.

          The Committee shall appoint new members of the professional conduct committee within sixty days from the date that the preceding professional conduct committee vacates office.

          Section 60. A member of professional conduct committee shall vacate office upon:

          (1) the expiration of term;

          (2) death;

          (3) resignation;

          (4) lack of qualifications or in possession of prohibitions under section 54, paragraph two, or

          (5) termination of being a lawyer under section 44.

          Section 61. In the execution of duties, a member of the professional conduct committee shall be an official under the Criminal Procedure Code and the provisions on the protest of judges under the law on civil procedure shall apply to the member of the professional conduct committee mutatis mutandis.

          Section 62. The professional conduct committee has the power to appoint a lawyer or lawyers to be subcommittee member or working group to perform any matter in the scope of power of the professional conduct committee except for the hearing and making a finding in cases on professional conduct.

          Section 63. In hearing a case on professional conduct, the presence of not less than one-half of members of the professional conduct committee is required to constitute a quorum.

          Subject to section 64, paragraph three, and section 69, paragraph three, the consultation meeting, the hearing and making a finding on cases of professional conduct of the professional conduct committee shall be made by a majority of votes but the minority of members of the professional conduct committee shall have the right to submit dissenting opinion.

          Section 64. A person suffering damage or a Lawyer is entitled to accuse another Lawyer of breaching the professional conduct by making an accusation in writing and submitting such accusation to the chairperson of the professional conduct committee.

          The right of accusation under paragraph one shall terminate upon the expiration of one year from the date that a person entitled to make an accusation learns of the breach of professional conduct and learns of the person in breach of the professional conduct but shall not be more than three years from the date that the breach is committed.

          The withdrawal of the accusation submitted under paragraph one shall be a cause of the termination of a case on professional conduct when the professional conduct committee passes a resolution with votes not less than one-half of members present in the meeting to permit the person making such accusation to withdraw the accusation.

          Section 65. Upon receiving an accusation under section 64, paragraph one, or upon receiving a notification from the Court, the public prosecutor or the inquiry officer or when it appears to the professional conduct committee that there are appropriate circumstances to conduct inquiry on any Lawyer, the professional conduct committee shall appoint not more than three lawyers to form an inquiry committee to inquire the matter. In this regard, the inquiry committee shall have the power to call any person to give statement or send letter informing any person to submit or send document or object for the benefit of the inquiry.

          When the inquiry committee has finished the inquiry, the inquiry committee shall propose the matter to the chairperson of the professional conduct committee to consider giving order under section 66.

          Section 66. In hearing a case on professional conduct, the professional conduct committee has the power to give order to dismiss the case, dismiss the accusation, or punish or take any action on the accused Lawyer under section 52.

          Section 67. In the case where the professional conduct committee gives an order under section 66, the chairperson of the professional conduct committee shall send such case to the President within thirty days from the date of giving order. In such case, the Committee shall decide and shall give an order to uphold, amend or reverse the order of the professional conduct committee which includes giving an order to punish or take any action against the accused Lawyer under section 52 as deemed appropriate. Prior to giving such order, the Committee may give an order to the professional conduct committee to further inquire into the case.

          When the President receives documents of the case under paragraph one, if the Committee does not decide and notify the decision to the chairperson of the professional conduct committee within sixty days from the date of receiving the documents of the case, it shall be deemed that the Committee has given an order to uphold the order of the professional conduct committee, except in the case where there is an additional inquiry, the period of sixty days shall be counted from the date of receiving additional inquiry documents.

          An order of the Committee to uphold the dismissal of the case or the dismissal of the accusation under paragraph one or paragraph two shall be final.

          Section 68. A Lawyer ordered to be punished or to be taken any action under section 52 may appeal against such order to the Chancellor in accordance with the rules and procedures as specified in the Regulation within thirty days from the date of receiving such order. In this case, the Chancellor shall deliberate and give order, and section 67, paragraph one and two, shall apply to the deliberation and the giving of order of the Chancellor mutatis mutandis.

          An order of the Chancellor shall be final.

          Section 69. When any lawyer is being punished by a final judgement to imprisonment, except for an offence committed through negligence or petty offence, the Court of First Instance deciding such case shall notify the chairperson of the professional conduct committee of the imprisonment of such Lawyer.

          Upon receiving the notification under paragraph one, the chairperson of the professional conduct committee shall propose the professional conduct committee to remove the name of such Lawyer from the lawyers’ register but the professional conduct committee may not order the name of such Lawyer to be removed from the lawyers’ register, if after deliberation, it is deemed that the wrongdoing of such lawyer is not an evil action, an action indicating that such Lawyer is untrustworthy in honesty and an action disgraceful to the honour of the profession.

          An order not to remove the name of the Lawyer who is in breach of the professional conduct from the lawyers’ register under paragraph two shall have votes of approval not less than two-third of all members of the professional conduct committee.

          An order to remove or not to remove a name of Lawyer from the lawyers’ register under paragraph two, the chairperson of the professional conduct committee shall notify the President within thirty days from the date that an order is given and the Committee shall deliberate and give an order to uphold or reverse an order of the professional conduct committee.

          Section 70. When there is a final order to punish a Lawyer who is in breach of professional conduct or remove the name of such Lawyer from the lawyers’ register, the lawyers’ registrar shall record such order in the lawyers’ register and notify such order to the accused Lawyer and the accuser.

          In the case that an order in paragraph one is an order prohibiting from being a Lawyer or an order to remove a name of Lawyer from the lawyers’ register, the lawyers’ registrar shall also notify all Courts in the Kingdom and the Thai Bar of such order.

          Section 71. A person whose name is removed from the lawyers’ register is unable to apply for registration and receipt of a licence except a period of not less than five years has lapsed since the date in which the name is removed.

          Section 72. Subject to the provisions of this Act, the consultation meeting, the inquiry, the hearing and the deliberation to make a decision on cases of professional conduct shall be in accordance with the rules and procedures specified in the Regulation.

 

CHAPTER VIII

LAWYERS’ WELFARE FUND

          Section 73. The lawyers’ welfare fund shall be composed of:

          (1) an amount of money annually allocated by the Lawyers Council;

          (2) properties donated to the fund; and

          (3) fruits of (1) and (2).

          A lawyer in hardship or an heir of a deceased lawyer who is in hardship is entitled to apply for assistance from the lawyers’ welfare fund by submitting a petition to the Lawyers Council Welfare.

          The assistance, keeping and disbursement of lawyers’ welfare money shall be in accordance with the rules and procedures as specified in the Regulation.

 

CHAPTER IX

THE PROVISION OF LEGAL AID TO THE PEOPLE

          Section 74. There shall be a legal aid committee composed of the President, the Vice President, the secretary-general and not more than eight other persons appointed by the Committee from persons who have been lawyers for not less than ten years.

          The President shall be the chairperson, the Vice Chairperson shall be the vice chairperson and the secretary-general shall be the secretary of the legal aid committee.

          Section 75. The provisions of section 58 and section 60 shall apply to the legal aid committee appointed by the Committee under section 74, paragraph one, mutatis mutandis.

          Section 76. The legal aid committee has the authorities as follows:

          (1) providing legal aid to the people under section 79;

          (2) keeping and paying money from the legal aid fund under section 77;

          (3) other authorities as specified in the Regulation.

          Section 77. There shall be a legal aid fund composed of:

          (1) money from the annual allocation of the Lawyers Council not less than ten percent of income of the Lawyers Council under section 9(1) of the previous year;

          (2) subsidy from the government;

          (3) properties donated to the fund;

          (4) fruits of (1) (2) and (3).

          Section 78. People who are entitled to receive legal aid shall be people in poverty and suffering from unfairness.

          Section 79. The provision of legal aid to the people is:

          (1) the provision of advice or suggestion relating to law;

          (2) the drafting of juristic act and contract; and

          (3) the procurement of lawyer for representation.

          The legal aid committee may make an arrangement for lawyers of the legal aid committee to perform duties in providing such aids by receiving remuneration as specified in the Regulation.

          Section 80. When there is a general meeting of the Lawyers Council, the legal aid committee shall notify the general meeting in writing of the remaining amount of money in the legal aid fund, the balance sheet and the incomes and expenses in the provision of legal aid to the people in the preceding year with a certification of the auditor of the Lawyers Council including the results and obstacles in providing the legal aid to the people in the preceding year.

          The chairperson of the legal aid committee shall also send a copy of the information in writing submitted to the general meeting under paragraph one to the Minister.

          Section 81. Subject to the provision of this Act, the meeting of the legal aid committee, the receipt of money, the disbursement of money and the keeping of money of the legal aid fund, the provision of legal aid to the people shall be in accordance with the rules and procedures as specified in the Regulation.

 

CHAPTER X

PENALTIES

          Section 82. Any person who violates section 33 shall be liable to imprisonment for a term of not exceeding two years or to a fine not exceeding forty thousand baht or to both.

          Section 83. Any person who fails to comply with a call letter under section 65, paragraph one, to give a statement or to send or to make an arrangement for the sending of documents or objects or to come according to such call letter but fails to give a statement without appropriate reason shall be liable to imprisonment for a term of not exceeding one month or a fine not exceeding one thousand baht or to both.

 

TRANSITORY PROIVISIONS

          Section 84. Any person, who has registered and received a licence under the first class or second class category before the date that this Act comes into force, shall be a person who has registered and received a licence under this Act and it shall be deemed that such lawyers’ licence is a licence issued under this Act which will be valid until 31 December of the year that this Act comes into force.

          A person lacking qualifications under section 35(3) who registered and received a licence or has registered and received a licence under the second category prior to the date that this Act comes into force is entitled to apply for the renewal of a licence under section 39 and section 40 or apply for the registration and receipt of a licence and it shall be deemed that such person is a lawyer under this Act.

          The provision of section 35 (1) (2) (4) (5) (6) (7) (8) (9) (10) and (11) shall also apply to a lawyer under paragraph two.

          Section 85. The Thai Bar shall submit the lawyers’ register and documents relating to the registration and the receipt of lawyers’ licence, the renewal of lawyers’ licence and the control of professional conduct, except documents of cases on professional conduct which a hearing is still pending at the Lawyers Council, within one hundred and twenty days from the date that this Act comes into force.

          Section 86. The Committee shall issue the Regulation on Professional Conduct under section 53 within one year from the date that this Act comes into force.

          During the time that the Committee has not yet issued the Regulation on Professional Conduct under paragraph one, it shall be deemed that section 12 (1) (2) (3) and (4) of the Lawyers Act, B.E. 2477 (1934) and the Regulation of the Thai Bar on the Professional Conduct and the Dress Code of Lawyers in force prior to the coming into force of this Act has similar status to the Regulation on Professional Conduct under this Act until the Regulation on Professional Conduct under paragraph one is issued.

          Section 87. There shall be a professional conduct committee under section 54 within ninety days from the date that the Regulation on Professional Conduct under Section 86, paragraph one, is issued.

          Cases on professional conduct the hearings of which were still pending prior to the coming into force of this Act and cases on professional conduct that took place during the time that there was not an professional conduct committee under paragraph one shall be subject to the existing provisions of law on lawyers in use prior to the coming into force of this Act until the completion of such cases.

          For the benefit of the provision in paragraph two, the professional conduct committee and persons with authorities relating to cases on professional conduct prior to the coming into force of this Act or is about to be appointed for the execution of the provision under paragraph two shall have the power to take action in accordance with provisions on lawyers in use prior to the coming into force of this Act until the completion of such cases.

          Section 88. At the initial stage, the Minister shall appoint fifteen lawyers with qualifications of the candidate for the Committee member under section 17, paragraph two, and not less than one-third of such appointed lawyers must be executive directors of the Lawyers Association of Thailand to become the Committee under section 14 within ninety days from the date that this Act comes into force.

          Section 89. The Committee appointed by the Minister under section 88 shall select and appoint one Committee Member among themselves to hold the position of the President under section 14 within seven days from the date of being appointed by the Minister.

          The Committee under paragraph one shall organise an election of the Committee under section 14 within ninety days from the date of being appointed.

 

Countersigned by

General Prem Tinsulananda

Prime Minister

 

RATES OF FEES

1. Registration to be a lawyer                                                                                          800 Baht

2. The receipt of a lifelong lawyer licence                                                                    4,000 Baht per licence

3. The receipt of a licence to be a lawyer with two year validity                             800 Baht per licence

4. The renewal of a licence to be a lawyer                                                                    800 Baht per licence

5. The issuance of a substitute for a lawyers’ licence                                               100 Baht per licence