Legal Profession by Dr Anne Coulon Rana

Introduction

There are several ways to become a lawyer and there are also various ways to practice laws in different countries. The legal study could provide pave the way for working in both public and private sectors. Currently, career options are growing for legal students such as family law, criminal law, banking law or even space law. For example, arbitration is an interesting field of practice, especially in relation to an international dispute. It is an up-and-coming practice due to the growing cross-border transaction.

The legal system of Thailand

Thai legal system is based on Civil law systems. The Civil Code of Thailand was influenced by codified systems such as French, Japan, Germany, and also customary laws of Thailand.

In the early years, it could be said that the power of the judiciary and lawmaking was solely vested with the king. Today, although the King is the head of the Thai nation, his legislative power is an exercise with the consent of the National Assembly and the power of the judiciary is vested in the Courts. In 1914, the Bar Association in Thailand was formed, and the Law Act was enacted in 1985.

There are three main categories of the legal profession in Thailand which are judge, public prosecutor, and lawyer. To become a judge, it is necessary to complete Bar Association Examination with 2 years of experience in the legal profession. There is also one-year training of judge trainees. To become a public prosecutor, it is necessary to complete Bar Association Examination with 2 years of experience in the legal profession. There is also a training public prosecutor trainee. To become a layer, it is necessary to complete the Lawyers’ Council Examination and application for a lawyer license

Lawyers

Lawyers affect the public’s lives in countless ways. This profession involves buying property, writing a will, and defending criminals. Lawyers could become legal counsellors to provide legal assistants to clients and simplify the legal procedure for them. Lawyers have to do a lot of research in order to find the related case laws and to prepare for legal proceedings for the clients. Lawyers also need to develop the strategies for the case and drafts many documents. For the lawyers in the litigation field, they have to plead and defend their clients before the court.

Lawyers work about everywhere including law firms, private businesses, government, judiciary and academia. Lawyers can be called differently such as litigators, trial attorneys, criminal attorneys or civil attorneys. Civil litigator tends to research legal questions, draft persuasive arguments, prepare for witness statements, prepare for trial and negotiate settlements. Transactional lawyers tend to spend time counselling clines about business transactions and drafting the documents that will help legally accomplish clients’ goals.

Working as a lawyer in a law firm could be tough and competitive during the early years. On a day-to-day basis, lawyers would work for a variety of clients and a variety of projects. There could have a variety of practice areas such as corporate, real estate, civil rights, family, environment etc. In most law firms, a new lawyer would be called an associate. After some significant period of time, a lawyer would be eligible to become a partner in the law firm. It is possible and normal to change to a law firm during the years of working. It takes time to find the right place to work and to be trained as a lawyer. Additionally, a good work-life balance is also important. Nowadays, law firms tend to concern more about capacity building and retreats for the lawyers in the firms.

Working as a lawyer in a private business (or known as an in-house counsel) would be working for the company. In this case, the company would be the one-and-only client. In general, an in-house lawyer would become an employee of the company in the legal department. The role tends to be to give business and legal advice, draft and review contracts, negotiate business deals, develop business opportunities, etc.

Working as a clerk in the judiciary involves researching, reviewing, and summarizing legal issues in cases before the court. The work could also relate to drafting orders, internal memoranda and options and observing various judicial proceedings. For the judges, an extremely small percentage of lawyers work as judges. The examination to become the judges could be competitive.

Working in academia is also interesting. This allows the lawyers to teach, counsel, research and write scholarly articles and books.

Essential qualities and skills of the lawyers

-Responsibility

-Punctuality

-Creative problem-solving skill

-Communication skill

-Analytical Skill

-Truthfulness

-Patient

Ethics in the profession as a lawyer

All civil law codes provide for the principle of honour, honesty, integrity and respect for the proper administration of justice through multiple provisions and various lawyer’s duties. In both civil and common law systems, lawyers consider themselves protectors of their client’s rights.

In French, lawyers must respect the principles of honour, fairness, impartiality, collegiality, tact, moderation, and courtesy. There are set of extra duties for the lawyers. The lawyers have the duty to preserve the trust that the public has in them. For example, there are French professional rules or codes of conduct for lawyers. If lawyers registered in French Bar breached these rules, they would be subjected to sanctions administered by the professional organization (the Bar). For instance, breaching the confidentiality of the clients could result in a criminal offence.

The French lawyer is considered an independent person who lends his eloquence and credibility to someone in whose cause he believes and who needs help. The French lawyer may reject or withdraw from a case he or she does not believe in providing the lawyer gives timely notice to the client. By contrast, in common law systems, such a withdrawal may be considered unethical in light of the lawyer’s duty of loyalty and commitment to the client.

Civil law in France stated that the professional lawyer is a liberal and independent profession in whatever form it is practiced. The independence of a lawyer does not mean the liberty to exercise a right, but the willingness to always apply sufficient distance in order to put acts the lawyers consider useful in relation to the law and ethical rules. French lawyers sometimes vouch for clients by declaring their belief in their cause, which is precisely what a lawyer in the US is not supposed to do.

In France, the principle of confidentiality is referred to as professional secrecy. The French law provides that the violation of the obligation of confidentiality constitutes both a criminal offence and a breach of the rules of professional conduct. Under French law, the lawyer is a necessary confidant of the client. The lawyer must not reveal the professional secret in any manner with limited exceptions when it is strictly necessary for the client’s defense before a court or when the disclosure is authorized by law.

In France, the law limits the free choice of the lawyer by consideration of conflicts of interest. Any situation that causes interference between interests, could influence, or appear to influence the independent impartial and objective performance of a duty. Lawyers may not accept instructions from any new client if it will breach his or her obligation of confidentiality towards a former client.

French lawyers must provide intelligent meaningful and sound legal advice. The lawyer is required to establish the nature and extent of the legal transaction for which assistance is requested. When the lawyer has reason to suspect that a legal transaction is intended to assist in the commission of an offence, the lawyer must immediately seek to dissuade his client. The French law also provides for the duty to respect the principle of due process.