Article 65 — Attorney withdrawing from a case
Texte légal (original thaï)
ทนายความที่ตัวความได้ตั้งแต่งให้เป็นทนายในคดีจะมีคำขอต่อศาลให้สั่งถอนตนจากการตั้งแต่งนั้นก็ได้ แต่ต้องแสดงให้เป็นที่พอใจแก่ศาลว่าทนายความผู้นั้นได้แจ้งให้ตัวความทราบแล้ว เว้นแต่จะหาตัวความไม่พบเมื่อศาลมีคำสั่งอนุญาตตามคำขอนั้นแล้ว ให้ศาลส่งคำสั่งนั้นให้ตัวความทราบโดยเร็วโดยวิธีส่งหมายธรรมดาหรือโดยวิธีอื่นแทนแล้วแต่จะเห็นสมควร
traduction anglaise
An attorney whom a party has appointed to be its attorney in the case may apply to the court for an order permitting him to withdraw from that appointment; but he must show, to the court's satisfaction, that he has notified the party, unless the party cannot be found. When the court has made an order allowing the application, the court shall serve that order on the party promptly, by ordinary service of process or by any other method as it thinks fit.
Cette traduction anglaise est fournie à titre indicatif uniquement et n'a pas encore été vérifiée de manière définitive ; référez-vous toujours à l'original thaï.
Annotation de l'entreprise
Section 65 governs how an appointed attorney ends the engagement in a pending case. Withdrawal is not automatic: the attorney must apply to the court, and the court will allow it only if the attorney shows, to its satisfaction, that the client has been notified, the one exception being where the client cannot be found. This protects the client from being left unrepresented without warning and prevents withdrawal being used to delay or ambush. Once the court allows the withdrawal, it must promptly notify the client by ordinary service or another suitable method. The provision is applied across specialised courts through their procedure statutes, and it is distinct from the private contract of engagement between lawyer and client, which is governed by the Civil and Commercial Code.
Pourquoi cela est important en pratique
For clients, this section is a protection: your lawyer cannot simply disappear from your case. If your lawyer seeks to withdraw, expect the court to check that you were told, and use the notice you receive to line up new representation before the next hearing, because the case does not pause merely because your lawyer has left. If you cannot be reached, the court can allow withdrawal without your acknowledgment, so keep your contact details current with the court and your lawyer. For lawyers, document that the client was notified before applying. If you have lost your lawyer mid-case, our guide on choosing a Thai lawyer can help you find a replacement quickly.
Décisions de la Cour suprême interprétant cette section
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Supreme Court Judgment No. 3304/2543 (2000)
An attorney seeking to withdraw under section 65 paragraph one must show, to the court's satisfaction, that he notified the party; where the party has not signed to acknowledge the withdrawal, the court may properly decline to allow it.
The attorney had not shown that the plaintiff signed to acknowledge his withdrawal. The Supreme Court held that he had not satisfied section 65 paragraph one, applied through the Tax Court procedure statute, so the tax court's decision to defer ruling on the withdrawal until the settlement-of-issues date was proper.
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Supreme Court Judgment No. 6573/2541 (1998)
Where an attorney's withdrawal motion does not show the party was notified, and it is not a case of the party being untraceable, the court may properly refuse to allow the withdrawal under section 65 paragraph one.
The defendant's attorney's motion to withdraw did not show that the defendant had been notified, and it was not a case where the defendant could not be found. The Supreme Court held that the trial court's refusal to allow the withdrawal was proper under section 65 paragraph one, given that the defendant had been afforded repeated chances to present evidence.
Décisions sélectionnées avec numéros de dossier vérifiés dans la base de données de la Cour suprême. Les versions anglaises sont des traductions éditoriales réalisées par le cabinet à des fins d'étude.
Foire aux questions
Can my lawyer withdraw from my case?
Yes, but not automatically. Under section 65, the lawyer must apply to the court, and the court will allow withdrawal only if the lawyer shows, to its satisfaction, that you were notified, unless you cannot be found. The court must then promptly notify you of the order.
What if my lawyer withdraws without telling me?
Under section 65, the court should not allow withdrawal unless the lawyer shows you were notified, except where you cannot be found. If that requirement is not met, the court may properly refuse the withdrawal.