The Lawyers Council of Thailand (LCT) is under growing pressure to address corruption within the legal profession after celebrity lawyer Sittra Biabungkerd was accused of embezzling over 100 million baht from a wealthy client.
Media mogul Sondhi Limthongkul has called on the LCT to investigate Sittra’s actions and determine if he breached the council’s ethics guidelines for lawyers. Sondhi wants the council to conduct a similar probe on Sittra’s ally, lawyer Decha Kittivittayanan, who he says has made “unfounded accusations” against him.
The veteran journalist complained that Decha has falsely accused him of embezzling funds from a bank and extorting money from a company.
Sondhi has used his media outlets to report on what he terms Sittra’s plot to “habitually defraud” a former client, France-based Thai businesswoman Jatuporn Ubonlert.
The accusations led to the arrest of Sittra and his wife Pathitta in early November on charges of embezzlement and money laundering. The couple insist they are innocent.
Sittra is being detained at the Bangkok Remand Prison, while his wife is at the Central Women’s Correctional Institution pending completion of investigation.
Sondhi’s move against the media-friendly lawyer echoes calls from some senior legal practitioners for the LCT to take decisive action in response to Sittra’s case.
Last month, a group of lawyers belonging to the LCT asked its president, Wichien Chubthaisong, to enforce ethics regulations and punish “certain lawyers who have caused damage to the Lawyers Council of Thailand and the legal profession”.
Responding to Sondhi’s petitions, Wichien said late last month that the LCT’s Legal Etiquette Committee will launch an investigation to determine if the accused lawyers had breached professional ethics.
The panel has 30 days to produce its findings, after which Wichien and other LCT members will decide on a course of action within 60 days. The parties involved will then have 30 days to appeal any decision against them.
Punishing wayward lawyers
Following Sittra’s arrest in November, the LCT disclosed that it had launched 274 ethics investigations against lawyers in the first nine months of this year.
The investigations saw 18 lawyers expelled from the profession for severe ethical misconduct.
Another 39 had their licences to practice law suspended for periods ranging from six months to three years. Twelve lawyers were put on probation, while 12 others received verbal warnings.
However, 73 complaints against lawyers were rejected while another 29 cases were dropped due to insufficient evidence.
Profession’s governing body
Established in December 1985 under the revised Lawyers Act, the LCT regulates the legal profession and issues licences to practice law, taking over this role from the Thai Bar Association. However, lawyers still need to be members of the Bar Association to be allowed to wear the advocate’s gown in court, according to local legal firm Tilleke & Gibbins.
The Lawyers Council of Thailand was established with the following objectives under the Lawyers Act: 1) To promote the education and practice of lawyers, 2) To supervise legal etiquette of lawyers, 3) To promote the harmony and honour of the members, 4) To promote and provide welfare for members, and 5) To promote, assist, recommend, and educate the general public regarding legal matters.
Inside the Council
The Lawyers Council of Thailand comprises the executive board and ordinary members. The board consists of representatives from the Justice Ministry and Thai Bar, the LCT president, and other council members totalling no more than 23 people. The president and other LCT executives are elected by the nationwide membership of licensed lawyers.
Lawyers who lose their licence for any reason automatically have their LCT membership terminated.
