อนุญาตให้ทนายความไทยเป็นผู้แทนทั้งสองฝ่ายในข้อพิพาทแพ่งเดียวกันหรือไม่ และวิธีจัดการความขัดแย้งทางผลประโยชน์เป็นอย่างไร

In Thailand, lawyers are governed primarily by the Lawyers Act B.E. 2528 (1985) and the Rules of Professional Ethics of the Lawyers Council of Thailand. These rules impose strict duties of loyalty, confidentiality, and independence.

1. Conflicts of Interest
A Thai attorney must not represent a client if their interests conflict with those of a current or former client, particularly where:

- The matters are the same or substantially related, and
- The attorney obtained confidential information from the former client that could be relevant to the new case.

If the lawyer previously represented the opposing party in a related matter, this is generally considered a serious conflict of interest.

2. Disclosure Requirements
If a potential conflict exists, the attorney has a professional duty to:

- Disclose the prior representation promptly and fully, and
- Explain the nature of the conflict and how it could affect their independence.

Failure to disclose a known conflict may itself be a professional-ethics violation.

3. Consent / Waivers
In limited situations, a conflict may be waived only if:

- Both the former and new client give informed, written consent, and
- The lawyer reasonably believes they can act fairly and without using confidential information.

However, in practice, Thai lawyers are strongly discouraged from acting against a former client in related matters, even with consent, because confidentiality obligations continue indefinitely.

4. Withdrawal or Refusal to Act
If a conflict exists and cannot be properly waived, the attorney must:

- Decline the engagement, or
- Withdraw immediately if already retained.

Continuing to act despite a prohibited conflict may expose the lawyer to disciplinary action, including suspension or disbarment.

5. Your Options as a Client
If you are concerned about a conflict:

- You may request written disclosure of the prior representation.
- You may choose to retain a different attorney with no prior involvement.
- If misconduct is suspected, a complaint may be filed with the Lawyers Council of Thailand or the Thai Bar Association.

Sincerely,
A-I-C

While hiring an attorney who previously represented the opposing party might seem advantageous—given their insight into the opponent's weaknesses—it carries significant legal risks. If the current case is substantially related to the previous one, the opposing party may file a complaint regarding a conflict of interest or a breach of legal ethics. This could lead to the attorney’s disqualification, causing your case to stall and resulting in redundant legal expenses.

The Best Course of Action: If possible, it is highly recommended to engage a counsel of comparable caliber who has no prior professional relationship with the opposing party. This ensures both the integrity of your case and full transparency before the court.

Good morning, Your attorney should have disclosed this to you. If not, then you should ask why it was not disclosed to you. Did this attorney already represent you or are you just considering his / her representation? For a more detailed response, please get in touch with us - Thailand Family Law Partners (TFL) and we can review the situation for you in a more detailed way. -TFL

According to the facts given, it will be illegal according to clause 13 of the Code of Thai Legal Professions B.E. 2529. In case that you do not feel comforatable with your current lawyer, you have a right to withdraw such lawyer at anytime and have a right to submit a complaint to the the Lawyers Council of Thailand on this matter.

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