Con Attorney Fails To Show In Court

Brian Goudie, from Scotland, pretended to be a lawyer and convinced a mother to pay him £180,000 to defend her son who had been accused of child sex offences reports The Daily Record before disappearing seemingly without a trace.

He failed to show in Court yesterday suggesting he has now gone on the run as a means of avoiding charges.

There are many con men impersonating lawyers, some with impressive websites and fancy names. Please always ensure you consult a licensed Thailand law firm. 

Under Thailand criminal law  a person impersonating an attorney is considered

 theft by deception and if someone is found guilty they can be sentenced between 3 years to 7 years in prison.

Read the full story here 

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Child Abduction Law in Thailand

Child abduction issues arise when one parent removes a child from the child’s habitual residence country in a custody dispute.

Thailand family attorney, Jiraporn Thongpong explains, “parental custody rights in Thailand are set out in the Thailand Civil Code and other Thai laws. The Thai court will look at the “best interest of the child” when considering custody cases. Traditionally child abduction cases have been handled as domestic law matters according to the Thailand Civil Code. However, Thailand Parliament has recently enacted the Thailand Abduction Act”.

Jiraporn continues, “with the passing of the Thailand Abduction Act, Thailand will now have authority to enforce actual custody rights in international custody cases pursuant to the Hague Convention. Although Thailand has been a signatory to the Hague Convention on Child Abduction for many years, Thailand has only recently passed a domestic law to allow enforcement of the provisions of the Treaty within Thailand”

According to Abduction Act, a parent would have the right to file a complaint for the return of a Child to the Child’s State of habitual residence if the other parent breached the Parent’s custody rights and removed the Child from the Country of their normal residence.

The Risks of Buying A Condo In Thailand

There are many reasons why expatriates end up living in Thailand – be it placement by their companies, retirement, or simply feeling Thailand offers a better quality of life than their home country.

Buying a condo (apartment) in Thailand is an attractive option for many foreigners predominantly because there are less nationality restrictions with Thailand condominium laws than with land ownership.

But what are the risks of buying a condo in Thailand? 

Thailand real estate laws do not provide as many consumer protections as with most western jurisdictions. Thailand is very much a "Buyer Beware" jurisdiction. For example, in Thailand, real estate agents are not licensed and title insurance is not commonly used.

There are many skeletons of unfinished constructions in Bangkok. One of the most famous ones is on the banks of the Chao Phraya River, which was left unfurnished after the 1997 Asian financial crisis.  

Stories about property fraud, scams and inequitable property agreements are more frequent. A few years ago on Koh Samui. Government investigations into land companies on the island revealed that thousands of plots of land had been illegally issued title deeds. Deeds for measurements of land exceeded the amount of land on the entire island, and encroachment and development of state-protected reserves was revealed.

Less dramatic cases of real estate misrepresentation and fraud can involve foreign clients discovering that their purchased property lacked promised (and paid for) amenities, including water pipes and sanitation systems. 

If you are thinking about buying “off plan” i.e. a condo that has not yet been built then again think very carefully. Although you are more likely to secure a better price, such purchases carry far greater risk

Therefore if you are looking to buy a condo in Thailand, you would be well advised to seek legal advice from a qualified Thailand real estate attorney. A thorough due diligence by a qualified attorney offers potential purchasers a good measure of protection from real estate fraud and misrepresentation.

Relevant Video:

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Attorney Admits Prostitution And Agrees To License Suspension

State records show that an attorney who had sex in exchange for office supplies for her legal practice, pleaded guilty to prostitution charges and has now agreed to have her law license suspended for three years, reports the Chicago Tribune.

Reema Bajaj pleaded guilty last year in DeKalb County to a misdemeanor count of prostitution for an encounter that occurred before she became an attorney. Bajaj became infamous on the internet when she was initially charged.  

Thailand Criminal Defense Lawyer 

Chaninat and Leeds specialize in criminal defense cases in Thailand 

The Illinois Attorney Registration and Disciplinary Commission accuses Bajaj of criminal conduct and making false statements in both a disciplinary matter and on her application to the bar by not admitting her work as a call girl.

Times are obviously tough for lawyers in the US! 

Read the full story here 

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Simon Cowell Named In New York Divorce

It will have been impossible to have missed the recent headlines that Simon Cowell has been named in divorce papers. New York divorce law is one of the few American states that still allows a for cause divorce with adultery being a commonly plead cause.

However, this week it has been revealed that adultery is also a criminal misdemeanor under New York criminal law, and if convicted an individual can face up to 3 months imprisonment. It is highly unlikely that Simon would however face prosecution.

In Thailand divorce law, for cause divorces are also permitted if one spouse does not agree to the divorce. There are many different grounds for divorce in Thailand  which can also be pleaded.   A contested divorce however requires a judgment from the Court. If the petitioning spouse is now living abroad, a Thailand lawyer can file a divorce claim on their behalf.  However, they must appear in person when the divorce claim is heard by the court.

Related Video:

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The Foreign Business Act 1999  regulates the business activities of foreigners in Thailand. The act classifies business activity into three categories and places restrictions of various degrees of severity on foreign ownership and operation of these businesses.

Thailand Business Lawyer 

Chaninat and Leeds specialize in Thailand Business Law 

Although it is possible to obtain an alien business license or American firms have the benefit of setting up an amity company, many foreigners choose to form a Thai majority company, that is a company where more than 50% of the shareholders are Thai, so that they are able to operate a business in a category that is restricted to foreigners. The formation of a Thai majority company generally requires less registered capital and less paperwork than the formation of a foreign company.  Until recently, these companies were also under less scrutiny than foreign companies.  A Thai majority company can also buy land.

A Thai nominee shareholder is a shareholder in name only; in actuality, nominee shareholders lack a real financial stake or interest in the company.  The practice of nominee shareholders is illegal.  The prohibition is found in the Foreign Business Act, the Land Act and other laws.  It is a criminal offense often with significant penalties including fines and imprisonment . 

Relevant Video

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Know Your Employment Rights In Thailand

Thailand’s employment laws are governed by the Department of Labor, Protection and Welfare.

If you are a foreigner working for a Thai company it is important to familiarize yourself with the regulations. They are probably very different to employment laws in your home country. 

Employment in Thailand may be terminated for the following reasons:

·         Completion of agreed upon work

·         Expiration of contract and legal employment period

·         Mutual agreement or resignation

·         Employment being transferred to a third party, without agreement of employee

·         In case of gross misconduct performed by employee, termination by employer

Thailand Employment Lawyer

Chaninat and Leeds specialise in Thailand employment law 

Employment can be terminated for gross misconduct for the following reasons:

·         Dishonesty 

·         Crime 

·         Intentionally causing harm to your employer

·         Gross negligence 

·         Violating rules at the place of employment for which a previous written warning has been provided to you

·     Neglect of the employee’s work duties for three consecutive days without any justification

·         Being sentenced to imprisonment, exceptions made for petty offenses and offenses stemming from negligent acts.

The amount of severance payable increases with length of service. More details can be found on the Department of Labor, Protection and Welfare website.

Severance is not payable when a fixed term contract comes to an end, if employment is terminated for gross misconduct as explained already, or if the employee resigns.

Severance pay is available to both Thai and foreign staff members that have been terminated from their positions. All nationalities have the same rights, save the termination of employment will create additional issues for foreign nationals connected with their work permit and their visa. Care needs to be exercised if you find yourself in this position to ensure you do not end up overstaying in Thailand illegally.  

Watch The Video:

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Flickr photo credit: Evoflash

Thailand Extradition Law

In recent years the ability for criminals to disappear in Thailand has become considerably more difficult, with foreign governments and agencies basing law enforcement agents in country and the increasing number of extradition treaties Thailand now holds with other countries - Thailand currently has extradition treaties with 14 countries. Thailand Extradition Law is presently stronger and tougher than it has ever been. 

This video by Chaninat & Leeds law firm discusses extradition cases including the infamous Vicktor Bout case.  

It is also possible to expedite proceedings through The Immigration Act of Thailand. 

Commonly, individuals who are at risk of extradition proceedings are those who have committed a severe crime for which they are liable to imprisonment of at least one year or a crime punishable by death.  However, depending on the provisions provided in each individual extradition treaty that Thailand has signed with a foreign country, other offenses of a smaller scale may also be applicable to extradition to a certain country. 

Watch the video here:

Relevant Documents: Thailand-US Extradition Agreement 

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 Flickr credit: Jacksoncam

Muay Thai Legends Lodges Defamation Charges

Muay Thai legend Buakao Porpramuk lodged criminal defamation charges on Wednesday against Nopparat Poottharatanamanee, the ThaiFight's deputy managing director for what he describes as a slur on his reputation after Mr Pootharatanamanee referred to him as "an acrobatic act" rather than boxing, says The Bangkok Post.

Thailand defamation law  defines defamation as:  “to impute anything to another person to a third party in a manner likely to impair that person’s reputation or to expose such person to hatred or contempt.”  However in Thailand, defamation may be both a criminal offense and/or a civil offense contrary to many Western jurisdictions.

Buakao is claiming 10 million baht in damages.

Read the full story here  

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Flickr photo credit: idirectori