Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
Dernière mise à jour :
A registered Thai lawyer (holding a lawyer licence, ใบอนุญาตทนายความ, bai anuyat thanai khwam) is a lawyer whose name has been entered on the register of the Lawyers Council of Thailand and who holds a current licence issued under the Lawyers Act B.E. 2528. Registration and the licence go together: the register records who is admitted, and the licence card, with its number, is the proof carried by the lawyer. The number is the quickest way to confirm that the person handling a case may lawfully do so.
Table des matières
Immatriculation, permis et numéro
Inscription follows the Council’s admission decision. The applicant, a Thai national holding an LL.B. and having passed the Council’s legal practice training, applies for entry on the register and pays the licence fee, and the Council issues a licence card. The number on the card is written as a serial number, a slash and the Buddhist year of issue, so a number ending in 2556 was issued in 2013. Under the Lawyers Act a licence is issued either for two years, renewable on application, or for life; a lawyer whose two-year licence has lapsed may not practise until it is renewed.
The Council keeps the register current: it records renewals, changes of office address, suspensions and removals. A lawyer struck off for a disciplinary offence or a criminal conviction loses the right to practise, and the register is the only authoritative record of that status.
Vérifier un avocat avant d'en engager un
Ask for the licence card. A registered lawyer will produce it without hesitation; the photograph, name and number can be compared with the ID card, and the number confirmed with the Conseil des avocats de Thaïlande. It is also reasonable to ask which lawyer will sign the court pleadings, because in Thai procedure the lawyer of record signs the complaint and files an appointment of attorney form, and only a registered lawyer can do that.
Read the engagement letter. It should name the registered lawyer, the scope of work and the fee. Foreign clients are sometimes served by a company whose staff are paralegals or translators while the registered lawyer appears only at the hearing; that is lawful if the registered lawyer is in fact responsible for the case, and a problem if no such lawyer exists. ThaiLawOnline has operated since 2006 with the licence numbers of its lawyers published on its team page.
Avocat inscrit, conseiller juridique et situation disciplinaire
| Statut | Signification | Can appear in court |
|---|---|---|
| Registered lawyer, current licence | On the Council register, licence in force | Oui |
| Registered lawyer, licence lapsed | Two-year licence not renewed | No, until renewed |
| Suspended or struck off | Disciplinary or criminal sanction recorded by the Council | Non |
| Legal adviser or consultant | No Council registration (often a foreigner) | Non |
The distinction from a “legal adviser” matters most in litigation. A legal adviser may negotiate, draft and translate, but the moment a document must be filed with a court in the client’s name, a registered lawyer has to sign it. Disciplinary complaints about a registered lawyer are made to the Lawyers Council, which investigates under its code of ethics and can admonish, put the lawyer on probation, suspend for a fixed period or remove the name from the register.
Foire aux questions
À quoi ressemble un numéro de licence d'avocat thaïlandais ?
It is a serial number followed by a slash and the Buddhist calendar year in which the licence was issued. The number appears on the Lawyers Council licence card together with the lawyer’s photograph and name, and it is the reference used to look the lawyer up on the Council’s register.
À quelle fréquence un avocat thaïlandais doit-il renouveler sa licence ?
A two-year licence must be renewed on expiry by applying to the Lawyers Council and paying the renewal fee; a lawyer who practises on a lapsed licence is acting unlawfully. The Lawyers Act also provides for a lifetime licence, which does not require renewal but remains subject to the Council’s disciplinary powers.
Un avocat thaïlandais inscrit au barreau est-il la même chose qu'un avocat thaïlandais titulaire d'une licence ?
In practice yes. Registration is the entry of the lawyer’s name on the Lawyers Council register, and the licence is the card and number issued on registration. A person cannot be one without the other, and both terms describe someone entitled to practise law and appear in Thai courts.
Voir aussi : avocat thaïlandais agréé, Conseil des avocats de Thaïlande, notary (notarial services attorney), and our guides on the ethical code for Thai lawyers, Comment choisir un avocat en Thaïlande et le ThaiLawOnline team.
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