Legal Issues Regarding Claiming to Be a Lawyer Without Permission Under the Lawyers Act B.E. 2528

Abstract

 The purpose of this research article aimed to examine concepts, theories, judgments, and research, the regulatory issues surrounding the practice of acting as a lawyer, and the penalties for acting as a lawyer without a license. This qualitative research examined Thai and international documents, legal texts, academic texts, and electronic media.The research found that Section 33 of the Lawyers Act B.E. 2528 (1985) does not adequately regulate legal service providers in Thailand. It limits activities exclusively to lawyers, such as litigation, representation, drafting complaints and defenses, and filing appeals or cassations. This restriction leaves other legal activities, like legal consultation, contract drafting, or out-of-court litigation, unregulated. As a result, unlicensed individuals can provide such services without penalty, creating a legal loophole and increasing risks to the public. Therefore, section 33 should be amended to clearly define the activities related to legal services. Furthermore, the penalties under section 82 are deemed insufficient; the current punishment of imprisonment not exceeding two years and a fine not exceeding 40,000 baht should be increased.