Section 60 — Conducting a case in person or by attorney
Statutory text (Thai original)
คู่ความฝ่ายใดฝ่ายหนึ่ง หรือผู้แทนโดยชอบธรรมในกรณีที่คู่ความเป็นผู้ไร้ความสามารถ หรือผู้แทนในกรณีที่คู่ความเป็นนิติบุคคล จะว่าความด้วยตนเองและดำเนินกระบวนพิจารณาทั้งปวงตามที่เห็นสมควร เพื่อประโยชน์ของตน หรือจะตั้งแต่งทนายความคนเดียวหรือหลายคนให้ว่าความและดำเนินกระบวนพิจารณาแทนตนก็ได้ถ้าคู่ความหรือผู้แทนโดยชอบธรรมหรือผู้แทน ดังที่ได้กล่าวมาแล้ว ทำหนังสือมอบอำนาจให้บุคคลใดเป็นผู้แทนตนในคดี ผู้รับมอบอำนาจเช่นว่านั้นจะว่าความอย่างทนายความไม่ได้ แต่ย่อมตั้งทนายความเพื่อดำเนินกระบวนพิจารณาได้
English translation
Either party, or the lawful representative where the party is an incompetent person, or the representative where the party is a juristic person, may conduct the case in person and take all procedural steps as it thinks fit for its own benefit, or may appoint one or more attorneys to conduct the case and take procedural steps on its behalf. If a party, or the lawful representative or representative aforesaid, executes a power of attorney appointing a person to represent it in the case, that mandatary may not conduct the case in the manner of an attorney, but may appoint an attorney to take the procedural steps.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 60 opens the group of provisions on representation in litigation. It affirms the party's basic choice: conduct the case in person, or appoint one or more attorneys. Where the party lacks capacity or is a juristic person, the lawful representative or the representative exercises that choice. Paragraph two draws an important line between a mandatary (phu rap mop amnat), a person holding a power of attorney, and an attorney (thanai khwam): the mandatary may not plead or conduct the case as an attorney would, but may appoint an attorney to do so. This reflects that advocacy in court is reserved to licensed lawyers under the Lawyers Act, while a general power of attorney under the Civil and Commercial Code has limits, notably section 801 on filing suit. Section 60 is read together with sections 61 to 64 on how attorneys and proxies are appointed and what they may do.
Why this matters in practice
You are free to represent yourself, but Thai proceedings run in Thai and follow strict procedure, so most litigants appoint a licensed lawyer. Note a common trap for foreigners: giving someone a general power of attorney does not make them your courtroom advocate; the power-of-attorney holder can appoint a lawyer but cannot argue the case, and only a licensed lawyer can plead. If you are choosing representation, our guide on choosing a Thai lawyer explains what to look for, and confirm that whoever will appear in court is a licensed attorney, not merely your attorney-in-fact.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 2232/2567 (2024)
Appointing an attorney under section 60 creates an agency; on the death of the party (principal), the attorney's authority does not automatically end but continues, under CCC section 828, to protect the deceased party's interests until the heirs or a representative take over.
After the defendant died, the question was whether his attorney's authority ended. The Supreme Court held that appointing an attorney under section 60 is an agency, so under CCC section 828 the attorney retained authority and the duty to conduct the case to protect the defendant's interests until the defendant's heirs or representative stepped in.
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Supreme Court Judgment No. 2359/2561 (2018)
A power of attorney appointing a person to represent a party in a case must be in writing under section 60 paragraph two; and under CCC section 801 a holder of a general power of attorney has no authority to file suit unless specifically empowered.
The Supreme Court held that appointing a person to represent a party in litigation must be in writing under section 60 paragraph two, and that under CCC section 801 a holder of a general power of attorney cannot file suit without specific authority. The mandatary therefore had no authority to sue on the plaintiff's behalf.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can I represent myself in a Thai civil case?
Yes. Under section 60, a party may conduct its own case and take all procedural steps in person, or may appoint one or more attorneys. Proceedings are conducted in Thai, so most parties appoint a licensed lawyer.
Can someone with my power of attorney argue my case in court?
No. Under section 60 paragraph two, a mandatary holding a power of attorney may not conduct the case in the manner of an attorney. They can appoint a licensed attorney to conduct it, but only a licensed lawyer may plead.