The legal profession in Thailand has three categories: judges, public prosecutors, and lawyers. Legal practice is based upon the civil law system with the code of law influenced by other codified systems such as France, Germany and Japan as well as customary laws of Thailand.Baker & McKenzie, Bangkok Office, Doing Business in Thailand: Legal Brief 2001.
History of Legal Practice in Thailand
The ancient origins of Thai Law was based on the Hindu code of Manu. During the Sukhothai period (1238–1350 AD),Patit P Mishra, The History of Thailand (ABC-CLIO,2010) at xiv. there was no system of Justice since the King was "the Fountain of Justice" who alone settled disputes between the people.
During the Ayutthaya Period (1351–1767 AD),Chris Baker, Christopher J Baker, P Phaonpachit, A History of Thailand (Cambridge University Press, 2nd Ed, 2009) at xv. the first semblance of a legal system emerged. The law code was the Royal Stone InscriptionASEAN Law Association, "The Judicial System in Thailand: An Outlook for a New Century" at p60 <http://www.aseanlawassociation.org/docs/Judicial_System_in_Thailand.pdf > (accessed 10 September 2011). which was formulated from a set of rules derived from the Kings’ decisionsBunnag, Marut, Aakesson, Preben A. F., "The Legal System in Thailand" Revised 8/96 9a Mod. Legal Sys. Cyclopedia 9A.30.1 at 9A.30.8. These precedents became known as "The Rajasattham", which was a digest of royal decisions. in the Court of Law.Set up by King Borom Trailokanat at which cases were heard and administration of justice was carried out was set in the Grand Palace, close to the building in which the King daily presided over his Council. Although the law codeOne such law was the Law on Procedures on Admission of Plaints, which allowed for specified classes of people to be represented in court. allowed for people to be represented in court for civil and criminal matters, the lawyer's work was limited. He could not be involved in the examination of witnesses before the court and was mainly concerned with writing plaints and filing them before the court.Bunnag, Marut, Aakesson, Preben A. F., "The Legal System in Thailand" Revised 8/96 9a Mod. Legal Sys. Cyclopedia at 9A.30.32.
When Thailand was invaded by Burma in 1767, collections of law were partially destroyed.ASEAN Law Association, "The Judicial System in Thailand: An Outlook for a New Century" at p. 62 <http://www.aseanlawassociation.org/docs/Judicial_System_in_Thailand.pdf > (accessed 10 September 2011). King Rama I ordered to have all laws rectified and written into law books called "the Law of the three Great Seals" which remained in force for the next 103 years. Despite this development, the role of the lawyer remained static and constricted. This could be attributed to simple way of life of the society where majority did not resort to the law to settle their disputes.
Foreign influence In 1827, Thailand, which had trade relations with Western countries, was forced by England to amend its rules and regulation.Most significantly, the 'Bowring treaty' which brought unequal judiciary was signed, where the English had no obligation to Thai law and judiciary. Adopting an open door policy, King Rama IV (reigned 1851–1868>Clark D Nehr, Modern Thai Politics: From Village to Nation. A Collection of Readings (Schenkman Publishing Company, 1976) at p8. tried to reform the Thai law and judiciary to make it acceptable to the Western countries.
Modernisation and Development of Legal Practice In continuation of King Rama IV's efforts, his son, King Rama V (reigned 1868–1910) appointed Royal Commissioners to reform existing laws. These efforts revolutionized the law and modernized the judiciary. A new court system was set up between 1894 and 1897.Bunnag, Marut, Aakesson, Preben A. F., "The Legal System in Thailand" Revised 8/96 9a Mod. Legal Sys. Cyclopedia 9A.30.13. The King no longer judged cases himself although decisions of the Supreme Court of Appeal were still made under his name.H R H Prince Chula Chakrabongse, "Lords of Life: A History of the Kings of Thailand, D.D. Books, Bangkok, Thailand (1960) at 241.
In 1892, the Ministry of Justice was established and its Minister, Prince Raphi,The son of King Rama V who graduated from Oxford University. was appointed to unify the judiciary. He set up the first law school in Thailand.Which saw its very first class of nine lawyers in 1897. Moreover, he also reorganized the Thai court system under the Law on the Organization of 1908.
Bar Association in Thailand and Practising Lawyers’ Act In 1914, the Bar Association in Thailand was formed and was the first Thai lawyers’ organization. Following this, the first Lawyers’ Act was passed and it legitimized the legal profession and practice in Thailand.
Evolving Role of Legal Practice As seen from above, the role of the legal practice has evolved tremendously over the years. In the early years, it could be said that the power of judiciary and lawmaking was solely vested with the King. Today, although the King is the Head of the Thai Nation, his legislative power is exercised with the consent of the National Assembly and the power of the judiciary is vested in the Courts. The lawyer's role has also been legitimized with the establishment of law schools and with the Lawyers’ Act.Lawyers' Act B.E. 2528 (1985).
The legal education system
Starting legal education Legal education in Thailand is an undergraduate programme. To enter, it is compulsory to take the National University Entrance Examination conducted by the Ministry of University Affairs. Entry is determined by academic records from upper secondary school, test scores, interviews and physical examinations.Triamanuruck, Phongpala, Chaiyasuta, "Overview of Legal Systems in the Asia-Pacific Region: Thailand" <https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1004&context=lps_lsapr&sei- redir=1#search=%22Overview%20Legal%20Systems%20Asia-Pacific%20Region%3A%20Thailand%22> at p5. (accessed on 8 September 2011).
Choosing a place for legal education One can choose between Private universities, Public universities and Open universities.Iam Chaya-ngam, Sukhothai Thammathirat Open University, Thailand <http://www.egyankosh.ac.in/bitstream/123456789/25046/1/Unit-3.pdf > (accessed 10 September 2011).
Open universities are typically for rural dwellers who are interested in legal studies but are unable to attend other universities. Education by open universities is often off-campus and on a correspondence basis.
The Institute of Legal Education of Thai Bar AssociationThe Thai Bar website <> (accessed 10 September 2011). was set up in 1948 to increase legal knowledge among law practitioners.Charunun Sathitsuksomboon, "Thailand's Legal System: Requirements, Practice, and Ethical Conduct" <https://asialaw.tripod.com/articles/charununlegal8.html> (accessed 10 September 2011).
Different types of certification/qualifications There is the 4-year Bachelor of Laws (LL.B.) course;ASEAN Law Association, "The Judicial System in Thailand: An Outlook for a New Century" at p. 69 <http://www.aseanlawassociation.org/docs/Judicial_System_in_Thailand.pdf > (accessed 10 September 2011). the 1-year Master of Laws (LL.M.) programme,A prior LL.B. is usually a requirement for admission. and the doctoral programme (Ph.D.),An in-depth research paper is usually required. typically a 3-year course.
Curriculum Lectures are conducted in Thai, and faculty members are graduates of foreign law schools. Students are required to choose an area of specialisation in their third year of study, either Business Law, Public Law, International Law, or Civil and Criminal Law.
General criticism regarding Thai law schools include the excessive rote learning, memorisation of laws and the ineffective lecture-style of teaching which discourages discussion. Moreover, scant attention is given to subjects like international law and investment subjects because of a lack of qualified teachers on these topics in the country.Professor Samrieng Mekkriengkrai, "Legal Education Reform in Thailand" at pp1–2 <http://www.iaslsnet.org/meetings/teaching/papers/Mekkriengkrai.pdf> (accessed 10 September 2011).
Recent reforms The government's desire to promote foreign direct investment in Thailand has prompted a reform of local university curriculum to meet the changing international demands.The country is seeking to ready itself for a flow of foreign investment into Thailand under the scheme of free and fair trade promoted by the WTO, which Thailand has become a party to.
The curriculum is also changing from a more traditional to a more student-centered one where law lecturers prepare their lesson plans with case studies, activities and effective evaluation.
Since becoming an ASEAN member in 2008, the ASEAN Charter has positively impacted the Thai legal education. Many courses are now taught in English and there is a significant increase in partnership courses with overseas universities.Thanitcul, " ASEAN Charter and Legal education in Thailand" (20 August 2009) at p7<http://www.aseanlawassociation.org/10GAdocs/Thailand1.pdf > (accessed on 11 September 2011). It is now also a requirement to be competent in foreign language and IT for graduates to be able to transcend national boundaries in communication and conduct legal research at the international level.Professor Samrieng Mekkriengkrai, "Legal Education Reform in Thailand" at p. 3 <http://www.iaslsnet.org/meetings/teaching/papers/Mekkriengkrai.pdf> (accessed 10 September 2011).
Necessary Requirements for Practice As set out in the Lawyer's Act, lawyers have to fulfill a set of conditions to obtain a license.Lawyers' Act B.E. 2528 s 35 (1985).<http://www.imolin.org/doc/amlid/Thailand_Lawyers%20Act.pdf>. (accessed 10 September 2011) In addition to the LL.B., law graduates are required to be Thai nationals, cannot be a government official, and must pass an exam for a lawyer license.Bunnag, Marut, Aakesson, Preben A. F., "The Legal System in Thailand" Revised 8/96 9a Mod. Legal Sys. Cyclopedia 9A.30.26. On passing the Lawyers Council examination, one can apply for permission to practice law.Tilleke & Gibbins, "Thailand Legal Basics" Tilleke & Gibbins International Ltd. at p5 (21 September 2009) <> (accessed 10 September 2011).
Division of Roles in the Profession The legal profession in Thailand is divided among various types of professionals. The professionals involved are "First and Second class lawyers" (distinction has since been abolished), "Notaries" and "Foreign Practitioners".
First and Second Class Lawyers Prior to 1985, practising lawyers in Thailand were divided into two classes.Lawyers' Act B.E. 2475 (1985). First-class lawyers were law graduates while second-class lawyers held a diploma in law and passed an examination held by the Bar Association.
The main distinction was that first-class lawyers could practice throughout the country while second-class lawyers could only practice in ten provinces specified in their licenses. Since the Lawyers' Act passed in 1985,Lawyers' Act B.E. 2528 s 84 (1985). this distinction has been removed and those registered under the Act have the right of audience in all courts throughout the country.
Notaries In Thailand, public documents,Hague Convention (1961) Abolishing the Requirements of Legalisation for Foreign Public Documents <http://www.hcch.net/index_en.php?act=conventions.text&cid=41> (accessed 9 September 2011). such as birth and marriage certificates need to be verified, witnessed and certified by a notary, a public official who legalizes documents by his hand and official seal.Suwan Buacharern, "Notary Public in Thailand" <http://www.suwatlaw.com/NotaryPublicThailand.doc >.