Participants in the Administration of Justice
A central feature of Canada’s legal system is that the public has the right to obtain legal advice and be represented by a legal profession that is independent of
The legal profession in Thailand has three categories: judges, public prosecutors, and lawyers.
Foreign influence[edit]
In 1827, Thailand, which had trade relations with Western countries, was forced by England to amend its rules and regulation.[12] Adopting an open door policy, King Rama IV [13] tried to reform the Thai law and judiciary to make it acceptable to the Western countries.
Modernisation and Development of Legal Practice[edit]
In continuation of King Rama IV’s efforts, his son, King Rama V [14] appointed Royal Commissioners to reform existing laws. These efforts revolutionized the law and modernized the judiciary. A new court system was set up between 1894-97.[15] The King no longer judged cases himself although decisions of the Supreme Court of Appeal were still made under his name.[16]
In 1892, the Ministry of Justice was established and its Minister, Prince Rabi,[17] was appointed to unify the judiciary. He set up the first law school in Thailand.[18] Moreover, he also reorganized the Thai court system under the Law on the Organization of 1908.
Admission to practice law
An admission to practice law, also called admission to the bar in some jurisdictions, is acquired when a lawyer receives a license to practice law. Becoming a lawyer is a widely varied process around the world. Common to all jurisdictions are requirements of age and competence; some jurisdictions also require citizenship.
China[edit]
In the People’s Republic of China, one must first obtain a recognized degree (a bachelor’s, master’s, or doctoral degree), pass the National Judicial Examination, and complete a one-year apprenticeship.[5]
Fiji[edit]
Fiji requires a Bachelor of Law degree (four years of study), although that requirement may be waived upon completion of another bachelor’s degree and/or sufficient legal experience.[6]
Hong Kong[edit]
Hong Kong makes a distinction between barristers and solicitors. Admission to either profession requires a law degree (either the four-year LL.B. or the two-year Juris Doctor) and a Postgraduate Certificate in Laws (which requires nine months). The apprenticeship to become a barrister is only one year, while a solicitor must apprentice for two years.[7]
India[edit]
In India, prospective lawyers must complete an undergraduate law degree (B.A., LL.B., which lasts five years) or a graduate law degree (LL.B. which lasts three years). India also requires all law graduates to appear for an All-India Bar Exam conducted by Bar Council of India graduating from 2009-10 onwards, without which they shall not be admitted to practice.[8][9]
Israel[edit]
Israel requires an undergraduate law degree (LL.B., which is a three-and-a-half-year program), a one-year apprenticeship, and the passing of the bar examination.[10]
Japan[edit]
Japan requires an undergraduate degree in any field (which requires 4 years of study), a Juris Doctor (which lasts 2 or 3 years), the passing of the national bar exam, a 12-month apprenticeship which incorporates additional coursework and passing the graduation examination of apprenticeship.[11][12]
Jordan[edit]
Jordan has a developed and restricted rules for admission to practice law. It requires academic and practical exams for enrolment in its national bar association. The probationer must hold a bachelor degree or equivalent and to have a clear history in the police’s records.
The Bar Association requires a minimum two years of training under supervision. The Bar grants the probationer special permission to appear in front some of the courts.
After two years of the practical training, the probationer submits a written request to be enrolled in the written exams that the Bar held 4 times year. If he mastered the exam within (15/25) then the probationer will be eligible to admit to the verbal exams by the legal committee elected from judges, Professors and senior lawyers. If he/she passed the verbal exam, then it comes to essay stage. Each probationer must write in legal subject and discussed before a committee from senior lawyers which if he/she passed it will lead the probationer to swear the oath before the Minister of Justice. Usually the process takes not less than two and a half and above to accomplish the Bar Association’s requirement to practice law.
South Korea[edit]
In South Korea, currently there are two types of admission to practice law: (i)until 2017, one can be admitted to practice law by passing the exam called ???? (roughly translated as “Judicial Examination”) which requires 35 credits of legal education in undergraduate level and certain level of English qualification plus taking two-year training course at the Judicial Research and Training Institute, a national institution; and (ii) from 2012, one can be admitted to practice law by passing the exam called (roughly translated as “Attorney Examination”which requires prior completion of three-year law school course with the degree called ???? (roughly translated as “Master of Practical Law”and it is equivalent to Juris Doctor in Canada or the United States).
Kazakhstan[edit]
Lawyers in Kazakhstan must complete an undergraduate law degree and pass the state examination.[13]
Malaysia[edit]
Malaysia requires advocates and solicitors to be admitted to the Malaysian Bar. The prerequisite is either a Bachelor of Laws (Hons) degree (an LL.B (Hons)., which requires four years of study) from the local law faculties or a call as a Barrister in the UK or a Certificate in Legal Practice and a nine-month pupillage.[14]
New Zealand[edit]
New Zealand requires an undergraduate law degree (LL.B., which lasts four years), and completion of the Professional Legal Studies Course (which lasts five months).[15]
Pakistan[edit]
Lawyers in Pakistan are called Advocates. To enjoy rights of audience in the Courts in Pakistan, a prospective lawyer/advocate must obtain a Bachelor’s degree followed by a Qualifying Law Degree (LL.B of three years) from a recognised Pakistani or common law jurisdiction country’s university. All legal education in Pakistan is taught in the English language. After that, he or she must undertake a one year of training under a senior lawyer (called Pupillage/ Apprenticeship/ Intern-ship /Training) at the conclusion of which,he has to take a Bar admission test consisting of multiple choice question paper( or in some cases a professional exam) and an interview with a serving judge of a High Court. After that the respective Provincial Bar Council may grant him or her the rights of audience in the lower courts (i.e. courts lower than the High Court).
An advocate enrolled with Provincial Bar Council can practice anywhere in the country except the High Courts and Supreme Court of Pakistan. He she will earn rights of audience in the High Courts after a further two years of practice in lower courts, at the end of which (in some Provincial Bar Council’s) the advocate has to sit another professional exam and an interview with a judge of a High Court.
After a further 10 years practice in the High Courts, the candidate has to sit another professional exam and an interview with a judge of the Supreme Court to be given the rights of audience in the Supreme Court of Pakistan.
The exams are usually conducted to ensure that the quality of lawyers being produced is maintained to a certain level. The interview is then another opportunity for a senior judge and members of the provincial Bar Council to meet the candidate and see if he or she is fit to be admitted as an advocate of the lower courts/ High Courts or the Supreme Court.
Philippines[edit]
To practice law in the Philippines, one must have fulfilled the non-academic and academic requirements. For non-academic requirements, one must be a Filipino, be at least 21 years old, be a resident of the Philippines, and have the moral and other non-academic qualifications needed.[16] In terms of academic requirements, one must have obtained an undergraduate degree (with major, focus or concentration in any of the subjects of History, Economics, Political Science, Logic, English or Spanish), has obtained a Bachelor of Laws degree (or equivalent such as Juris Doctor) from a law school recognized by the Secretary of Education.[16] They must have also taken and passed (75% general average, with no subject falling below 50%) the Bar Exam, taken the Attorney’s Oath before the Supreme Court, signed the Roll of Attorneys, remain in good standing with the Integrated Bar of the Philippines, and continually participates in the Mandatory Continuing Legal Education.[16][17]
Admission to the practice of law[edit]
The 1987 Constitution of the Philippines has given the Supreme Court the sole power to admit individuals to the practice of law in the Philippines.[20] This power is exercised through a Bar Examination Committee, an ad hoc academic group tasked to formulate questions, administer proceedings, grade examinations, rank candidates, and release the results of the Philippine Bar Examination.
To be eligible to take the national bar exam, a candidate must be a Filipino citizen, at least twenty-one years of age, and holder of a bachelor’s degree and a law degree obtained from a government recognized law school in the Philippines. Graduates of law schools from other countries must obtain a law degree from the Philippines to qualify for the Philippine Bar.[21] In March 2010 the Supreme court issued Bar matter 1153 allowing Filipino who are foreign law graduates to take the Bar exam provided that applicant complies with the following conditions: a) completion of all courses leading to the degree of Bachelor of Laws or its equivalent degree; (b) recognition or accreditation of the law school by the proper authority; and (c) completion of all fourth year subjects in the Bachelor of Laws academic program in a law school duly recognized by the Philippine Government d) must have completed a separate bachelors degree.”
Philippine Bar Examinations[edit]
The Philippine Bar Examinations is the national licensure exam for admission to the practice of law. It is conducted during the four Sundays of September of every year. It is arguably the hardest and the most media-covered of all government licensure examinations in the country.[22] It is also reputedly one of the hardest bar examinations in the world.[23]
For candidates intending to practice Islamic law in the Philippines, the Special Bar Exams for Shari’a Court Lawyers is given every two years. The Supreme Court Bar Office conducts the exam while the Office of Muslim Affairs determines the qualification and eligibility of candidates to the exams.[24]
Attorneys-at-law[edit]
To be a full-fledged lawyer in the Philippines and be eligible to use the title Attorney, a candidate must graduate from a Philippine law school, take and pass the Philippine Bar Examinations, take the Attorney’s Oath, and sign his name in the Rolls of Attorneys of the Supreme Court.[25]
The full names of lawyers are found in the Rolls of Attorneys of the Supreme Court, and in a similar list included in a Supreme Court publication entitled Law List.[26]
Singapore[edit]
Persons seeking admission to the Singapore Bar must obtain an approved law degree through completing a course of study of at least three academic years leading to that degree as a full-time internal candidate in either of a list of approved universities. The degree is typically a LLB or a LLB (honours), depending on the university,[18] or a JD (from only five universities).[19] They are then required to sit for the Bar Examinations, which is divided into parts A (for overseas graduates)[20] and B (a five-month practical course, which is compulsory for both local and overseas graduates),[21] before they can contact the Singapore Institute of Legal Education and wait to be called to the Bar.[22]
Sri Lanka[edit]
Sri Lanka requires an attorney to be admitted and enrolled as an Attorney-at-Law of the Supreme Court of Sri Lanka.[citation needed] One must pass the required law exams at the Sri Lanka Law College, and then spend one year in apprenticeship to a practicing attorney.[citation needed] To sit for the exams, students must graduate from the Sri Lanka Law College, or be qualified by gaining a LL.B. from a local or foreign university.[citation needed]
Lawyers in Singapore
From Wikipedia, the free encyclopedia
(Redirected from Legal profession in Singapore)
Jump to: navigation, search
Lawyers in Singapore are part of a fused profession, meaning that they may act as both a solicitor and as an advocate, although lawyers usually specialize in one of litigation, conveyancing or corporate law.[1]
The number of lawyers in Singapore has declined in the first decade of the 21st century.[2] There were 3,300 lawyers in 2006.[3] Parliament approved changes in 2009 to replace the ‘pupillage’ system with structured training, and to make it easier for lawyers to return to practise.[4]
International law firms are generally limited to corporate, finance and banking law. There were 95 foreign firms with offices in Singapore in July 2009, and 840 foreign lawyers, up from 576 in 2000.[5][6] Six international firms were given license to practice local corporate law for the first time in December 2008.[7]
Bar Association in Thailand and Practising Lawyers’ Act[edit]
In 1914, the Bar Association in Thailand was formed and was the first Thai lawyers’ organization. Following this, the first Lawyers’ Act was passed and it legitimized the legal profession and practice in Thailand.
Evolving Role of Legal Practice[edit]
As seen from above, the role of the legal practice has evolved tremendously over the years. In the early years, it could be said that the power of judiciary and lawmaking was solely vested with the King. Today, although the King is the Head of the Thai Nation, his legislative power is exercised with the consent of the National Assembly and the power of the judiciary is vested in the Courts. The lawyer’s role has also been legitimized with the establishment of law schools and with the Lawyers’ Act.[19
Necessary Requirements for Practice[edit]
As set out in the Lawyer’s Act, lawyers have to fulfill a set of conditions to obtain a license.[33] In addition to the LL.B., law graduates are required to be Thai nationals, cannot be a government official, and must pass an exam for a lawyer license.[34] On passing the Lawyers Council examination, one can apply for permission to practice law.[35]
Division of Roles in the Profession[edit]
The legal profession in Thailand is divided among various types of professionals. The professionals involved are “First and Second class lawyers” (distinction has since been abolished), “Notaries” and “Foreign Practitioners” .
First and Second Class Lawyers[edit]
Prior to 1985, practising lawyers in Thailand were divided into two classes.[36] First-class lawyers were law graduates while second-class lawyers held a diploma in law and passed an examination held by the Bar Association.
The main distinction was that first-class lawyers could practice throughout the country while second-class lawyers could only practice in ten provinces specified in their licenses. Since the Lawyers’ Act passed in 1985,[37] this distinction has been removed and those registered under the Act have the right of audience in all courts throughout the country.
Notaries[edit]
In Thailand, public documents,[38] such as birth and marriage certificates need to be verified, witnessed and certified by a notary, a public official who legalizes documents by his hand and official seal.[39]
To become a notary, a Thai lawyer is required to complete a legal training course by the Lawyer’s Council of Thailand.[40]
There have been reported instances of unlicensed notaries in Thailand, and the public has been advised to be cautious in dealing with notaries.
Foreign legal practitioners[edit]
Foreigners are not allowed to formally practice law.[41] Instead foreigners work as “consultants” , mostly on transnational cases.
Foreign practitioners provide a valuable service to their clients which the local lawyers cannot. Moreover, they impart valuable knowledge on foreign laws to their Thai colleagues.[42]
Appointment of Judges[edit]
Requirements[edit]
The main criteria for law graduates intending to be judges are: At least 25 years of age, an L.L.B., a Barrister-at-Law degree from the Bar Institute, and two years’ experience in the legal profession.[43] Judge trainees then undergo training courses and serve as judges’ assistants for not less than one year.
Types of Judges[edit]
The various types of Thai Judges.
There are four types of judges in the Thai system career judges, senior judges, associate judges and Datoh justices.[44]
Career Judges[edit]
The process to becoming a career judge involves five stages.[45]
First Stage: Meet general qualifications for judge-trainee, such as: Thai nationality, 25 years of age and being a member of the Thai Bar Association.
Second Stage: Fulfill one of three methods to become a judge-trainee:
1.Open Examination: For LL.B. holders with at least two years of legal experience.
2.Knowledge Test: For LL.B or other qualification holders without two years of legal experience but satisfying other criteria.
3.Special Selection: For academics and ranking government officials who possess excellent knowledge in the law.
Third Stage: Undergo at least one year of training as a judge-trainee.
Fourth Stage: Approval by the Judicial Service Commission and tendering application to the King.
Fifth Stage: Receiving royal appointment by the King.
Senior Judges[edit]
Unlike Commonwealth jurisdictions which value the experience and wisdom of older judges, Senior Judges in Thailand are viewed very differently. When judges reach 60 years old, they are restricted to duties in the lower Courts of First Instance, and cannot hold the position of Chief Justice.
In addition, judges reaching 60 must be reappointed to office, and can only hold office till the age of 70. To be reappointed, judges must:
1.Be approved by the Judicial Service Commission;
2.Be tendered for Royal appointment; and
3.Pass a physical assessment at 65 years old.
Lay Judges[edit]
Lay Judges are not legally trained. They typically comprise people with experience or expertise in areas such as Family, Labour, and Intellectual Property. Having laypersons working with career judges helps provide more varied opinions in deciding cases.
Lay judges are selected by the Judicial Service Commission, and do not hold permanent positions .[46]
Kadi[edit]
Kadis (Qadi) are experts in Islam. They work with career judges to decide family law cases in certain provinces.[47] A Kadi ensures that the court complies with Islamic principles.
A Kadi is required to be above 30 years old, possess good command of Thai, and have knowledge in Islamic laws regarding family and succession.[48]
Judicial Service Commission[edit]
The Judicial Service Commission plays a crucial role in the appointment of judges. It screens all potential candidates before their tender to the King, and holds power over the removal, promotions, salary increments and punishment of judges.[49]
The Judicial Service Commission consists of mainly members of the judiciary:[50] the Supreme Court President, 12 members from all Court levels and 2 officers elected by the Senate.
Appointment of Public Prosecutors[edit]
The Constitution sets out the powers and duties of public prosecutors.[51]
Requirements[edit]
The main criteria for Law graduates intending to be public prosecutors are: Thai nationality, an LL.B, and passing the Thai Bar Association examination.[52]
Public Prosecutors Committee[edit]
The Public Prosecutors Committee[53] has crucial role in the appointment of Public Prosecutors. It is charged with:
1.Appointing and removing the Prosecutor General upon approval of the Senate.[54]
2.Approving the appointment, promotion, salary increments, transfers, removal and punishment of public prosecutors.[55]
Role of the Legal Profession in Thailand[edit]
Different role in a non-litigious environment[edit]
Thai lawyers have a very different role from their Western counterparts in dealing with civil wrongs and disputes. In Thailand, parties tend to avoid legal proceedings because of its confrontational nature. Instead, they rely on mutual understanding to reach a solution.[56]
This non-litigious environment stems from the Thai culture, which accords great value to the importance of harmonious societal relationships, and places communal interests above individual interests. As such, dispute resolutions which avoid conflict and embody the spirit of tolerance are perceived as the more appropriate approach.[57]
Hence, lawyers are drawn to roles in non-judicial approaches such as mediation and arbitration, which allows disputing parties more flexibility.[58]
Political involvement[edit]
Judiciary[edit]
The Thai judiciary plays a key role in Thai politics. On 30 May 2007, the Constitutional Court of Thailand dissolved the Thai Tak Thai Party, the incumbent ruling party under former Prime Minister Thaksin Shinawatra, due to international law violations.
In the wake of the 2011 elections, the Democrat legal team also initiated legal proceedings to challenge and dissolve the Puea Thai Party.[59]
Lawyers[edit]
In light of the violence against “Red Shirt” anti-government protestors in April and May 2010, lawyers have demanded a full investigation into the deaths of more than 80 civilians. They have filed a notice to the International Criminal Court (ICC) alleging human rights violations.[60]
The Human Rights Committee of the Lawyers Council of Thailand[edit]
The Human Rights Committee of the Lawyers Council of Thailand regularly comments on the issues of human rights that plague Thailand and even propose strategies the government can follow.
In June 2011, the committee released a report that assessed the conditions under which the government could send back Burmese refugees in accordance with the requirements of international law and existing treaties and agreements.[61]
In September 2011, the committee submitted a statement to the PM, the Secretary-General of the National Security Council, the Minister of Social Development and Human Security, the Minister of Defense, and Commissioner-General of the Royal Thai Police on certain strategies they can adopt to handle the problem of human trafficking of the Rohingya people.[62]
Lawyers as Educators[edit]
The Thongpai Thongba Foundation[edit]
The Thongpai Thongba Foundation was founded in 1990 by Thongpai Thongba, who is a well-known human rights lawyer in Thailand.[63] They provide both legal aid and education to various sectors of the society, and they visit about 30 villages and districts annually.[64] Their objective is to ensure that Thai people are aware of their rights and know how to take proper legal action. Aspects of the law that affect people in everyday situations, such as law on marriages, law on loans and mortgages, labour law and human rights law, are taught and discussed at their training sessions.[65]
The International Thai Foundation / COMMUNITY LEGAL CENTRE[edit]
The International Thai Foundation was founded in 2012 with the Thai Ministry of Interior, Kor Tor 2266. It provides legal advice and representation to those whom are disadvantaged, poor, disabled, DFNs and vulnerable so they may access justice. It established a Community Legal Centre in Chiang Mai.
Social and Economic Concerns[edit]
Social position of lawyers[edit]
Today, the legal profession is no longer exclusive to the upper classes.[66] Entry into the Thai law schools is based on a merit system and middle class students are generally not restricted by university fees.[67]
First, the rise of the middle class, or the chonchan klaang,[68] saw an increase in the number of Thai students in higher education, from 16.1% in 1990 to 44.6% in 2009. Second, the average Thai household in 2009 made 250,836 Baht annually,[69] compared to typical law school fees of 23,570 Baht per academic year.[70]
This resulted in a 25 times increase in the number of lawyers in Thailand in 1960, there were about 2,000 lawyers for a population of 23 million; in 2008, there were about 54,000 lawyers in a population of 60 million.[71]
Economic significance of lawyers[edit]
The legal profession in Thailand is traditionally a Thai-dominated profession because foreigners are not allowed to formally practice law.[72] This can be viewed as a form of control over the legal profession,[73] suggesting the government’s intention to preserve local dominance.
However, Thailand’s embrace of globalization has made transnational legal relations unavoidable. Thailand’s rapid development caused a shortage of Thai lawyers possessing expertise in specialized areas of law.[74]
This has led to a unique situation in reality, where many foreign lawyers work in Thailand but under the guise of “business consultants” .[75] Proposals have been made reform,[76] but it remains to be seen if the Thai government will relax requirements for foreign lawyers.
Further Reading
Frank Munger, “Globalization, Investing in Law, and the Careers of Lawyers for Social Cause: Taking on Rights in Thailand”53 NYL Sch L Rev 745
Leave a Reply