Legal Enforcement for the Breaches of Lawyers’ Professional Ethics Committed by Lawyers.

Abstract

              The coverage of this thesis ranges from legal enforcement in the cases of breaches of lawyers’ professional ethics committed by lawyers under Lawyers’ Society Act B.E.2528, Regulations on Conferences of the Commission of Lawyer’s Professional Ethics B.E.2535, Lawyers’ Society’s Regulations on Procedures of Cases regarding Lawyers’ Professional Ethics B.E.2546 and Lawyers’ Society’s Regulations on Appeals Regarding Cases of Lawyer’s Professional Ethics B.E.2546.
              The purpose of the thesis is to study conception, theories, principles, regulations and legal measures to punish the lawyers who commit the professional ethics by means of researching the cases both in Thailand and abroad in the aspect of laws and facts in order to propose improvement of the Thai laws concerning with the punishment conducted for those committing the breaches of lawyers’ professional ethics. This consequently leads to establishment of the standards for legal profession especially that of lawyers, ultimately enhancing the legal mechanism to uphold justice in society as a whole.
               Field research is conducted in the manner of Purposive Sampling; those sampled are lawyers, people damaged from breaches of lawyers’ professional ethics, Commission on Lawyers’ Professional Ethics, the executives of the Lawyers’ Society, general attorneys, law academics including judges from both courts of justice and administrative courts; all these count as the number of 70 persons. Deployed as the main tool for research, in-depth interview brings about the findings that are brought into a Focus Group – another group different from the one interviewed; this facilitates an all-round perspective. The statics used for analysis of information is percentage.
              The findings are as follows:
             1. Deemed as the domestic regulations, legal measures for punishment of the lawyers committing the breaches of lawyers’ code of conduct are enshrined in the Regulations on Procedures of Cases regarding Lawyers’ Professional Ethics B.E.2546, issued by the Lawyers’ Society, Lawyers’ Society’s Regulations on Appeals Regarding Cases of Lawyer’s Professional Ethics B.E.2546 and Regulations on Conferences of the Commission of Lawyer’s Professional Ethics B.E.2535 fall into three categories, namely, probation, no license for legal practice up to three years or resignation of the registration; for minor offences or the first time committing the breach, the authorized body shall grant the punishment as provided under Sections 66 – 68 if any; and in case there is a cause for reduction of punishment; instead, the penalty can be waived and instruction for correction or probation in writing shall be operated. 
            2. By deliberation of the laws and facts relevant to appeals of reviewing correction of legal orders with the purpose of updating the regulations to catch up with the surroundings in a modern sense, it is found out that legal enforcement through five aspects are effective. Indeed, punishment measures are good and not in the condition of improvement; however, observance of the regulations regarding the professional ethicsshould be more strictly upheld. Initiating a procedure concerning the professional ethics should be directly conducted by the Lawyers’ Society since it is a body whose authority is to regulate the conduct of lawyers. A trial should be in the form of inquisition with a ninety days’ term of investigation due to wait of evidence from courts which in turn bestows the Investigating Commission and the parties to the dispute opportunities to deliberate all the facts to determine the truth. The Lawyers’ Society’s appeals of administrative orders should be undertaken through the Thai Bar under the Royal Patronage a highest body in regulating the conduct with a thirty days’ term of appellation which allows enough time for gathering evidence efficiently. Lawsuits filed at the Administrative Court should be finalized at the last stage at the Supreme Administrative Court for the sake of thorough deliberation. 
             3. As to an analysis of the comparison of the professional ethics of Thailand and that of other countries, it is apparently found out that most countries, more ore less, share the resemblance in the legal measures. For instance, Thailand’s warning is of formality while that of the US informality. In France, Germany, UK and Singapore do there exist no instruction of any kind. However, France shares the measures of prohibition of practicing as a lawyer for three years with Thailand. Singapore has five years’ prohibition of the same kind; whilst, USA has no limitation of the years of prohibition. In relation to taking out the name from the registration, Thailand has the stipulation that the lawyer whose name has been deleted from the registration can reapply for registration after five years’ time has passed since the day of deletion. This similarity can be, save little difference, found in Singapore, Germany and UK;but, for USA and France, the lawyer whose name has been deleted from the registration can never reapply for registration. 
             4. It is advisable to enact the law with appropriate procedures of the cases concerning the professional ethics. Appeals of the cases should be conducted before the Thai Bar and it is recommended there should be more qualified personnel outside the Thai Bar into trials. Moreover, application of the governmental budget should be managed in the way that goes in harmony with people’s need. The Thai Bar should be the centre of initial investigation of the facts relevant to the breach. To make the laws effectively in force, the Lawyers’ Society should be more vigilant and strict to enforce the laws; additionally, there should be enactment of a newly revised, effective and up-to-date acts and regulations related to lawyers and the code of conduct. To make it more feasible, the job description of Commission of Lawyers’ Professional Ethics should essentially cover the affairs concerned with lawyers’ professional ethics. Considered as practical, database of the cases of breaches committed by lawyers is also advisable; and to follow up the cases, an examining system should be constituted – both inwardly and outwardly. People in general must be encouraged to participate in investigation and examining; therefore, there should be seminars to educate the attendees. Not in the least is that more emphasis on ethics and code of conduct should be put into the legal professional course. If possible, there must be The National Commission on Lawyers’ Professional Ethics in order to regulate lawyers’ ethics directly. The Thai Bar can take a crucial role in establishment of a central standard for legal professions and lend support to internalized codification of ethics for lawyers.