Class Action Phuket Lawyer

What is a class action suit?

One of the most effective ways of holding negligent parties accountable is by filing a Class-Action Lawsuit. It involves a large number of people however, may take a little more time. So why is it preferred? – Simple, it is much easier to get compensated for any issue using a class action Phuket suit, than when you are doing it on your own.

So, if you have questions regarding a class-action lawsuit, then this article is designed to answer them.

Everything you need to know about a Class Action suit

A class-action suit is a lawsuit made by a person to either sue a company or an organization. In this type of lawsuit, the person or entity suing, usually is the representative of a large number of victims with similar complaints. In simple terms, a class action Phuket suit is a procedure that grants a plaintiff (s) the ability to file and yet still, prosecute a suit on behalf of a large group or class.

Is there any difference between a class action suit and a multi-district litigation/mass tort litigation? Well, the latter stands for several lawsuits filed by different parties. And more often, they are filed by consumers who suffered injuries due to negligence from the manufacturers.

Reasons for filing a class-action suit

Why a class-action suit while you can do it alone? There are massive opportunities made when you join your seemingly small claim to other similar ones. But most importantly, a class action lawsuit is cost-effective. Most individuals don’t have the resources to pay for the lawsuit thus bringing them on the lower side of getting compensated for any damage or injuries.

Additionally, a class action suit is more practical as far as the court schedules are concerned. A single lawsuit means one judge, one lawsuit, and one courtroom. This means that the different lawsuits will be more expensive for the courts in comparison to a single lawsuit. Also, for the Phuket lawyer, he/she gets readily managed lawsuits which initially, would have been different lawsuits as a named plaintiff.

Does it change the misconduct? Well, when a law firm such as the international law firm Phuket, brings a class action for multiple claimants, the defendant isn’t able to financially defend the claims. This makes the contest rule a fair dispute thus forcing the defendant not only to settle the class action but also its misconduct.

Some of the reasons to file a class action are:

  • Discrimination to employee
  • Toxic exposure
  • False advertising
  • Defective medication or products
  • Security fraud
  • Illegal business practices
  • Breach of contract

How does it work?

It’s clear that the alliance formed can help strengthen the lawsuit. So, the class action suit starts when a single person contacts a Phuket lawyer concerning a specific claim. Once the Phuket lawyer believes the claim is credible and has a chance of winning, they can ‘weigh’ it to see if it qualifies to be a class action. They then find other prospective individuals that are eligible to join and notify them of the chance. Once they have joined, the legal team (lawyer Phuket) in charge of the case will work on reaching a verdict.

The question of how many people are required to start a class action can only be answered by this: IT ALL DEPENDS. While saying there isn’t a specific number of people, is true, there are several factors that may influence this. One of them is the severity of the monetary damage suffered by each member of the class action.

Stages of a class-action suit

  • Getting a law firm: Well, as simple as this may sound, its weight on your case isn’t to be compromised. A law firm, and not only a law firm but the right law firm i.e., the international law firm Phuket, must have prior experience on the underlying legal claim.
  • Filling the lawsuit: This process is handled by the class representative. And after filing the lawsuit, the defendant gets the right to respond – where they can either accept or object. An objection may happen if the litigant is confident that the lawsuit should be handled individually or if the class action requirements haven’t been met.
  • Obtaining a class certification: The class rep’ will proceed to file a motion that will have the court certify the class. However, several factors will determine if the class will be approved.

The international law firm Phuket together with the class representative must:

  • Prove there is a legal claim against the defendant
  • Have a plaintiff who should be on good terms will all the members
  • Have all the members with similar injuries as the plaintiff since any different injury may invalidate the class. And in as much as the issues of a class action may differ, what must be common is the issues in dispute.

From here, the class should receive a notice (through the internet or media) showing the lawsuit has been certified.

  • Allowing opting in and out: Some members may feel like they want more control of the case thus opting out. This should be allowed, however, there are other times that this option is limited.

This stage should be included in the notice sent.

  • Negotiating a settlement: The case will go on and a judge will make the decision. The decision might also be on appeal until the settlement (monetary benefit paid) is reached. And if this happens then all the victims will be notified and the leader will arrange the payments.

Bottom line

If you are looking for a more cost-effective and expeditious way to litigate, then a class action suit will do. And of course, resort to the best law firm and Phuket lawyer, so that they can help you fight back against powerful companies, local governments, and citizens. Don’t feel intimidated. Working with us will make the daunting process manageable.

Force Majereu Phuket Lawyer

Force Majeure: History and Overview

What is Force Majeure?

It is a French term directly translating to ‘greater force’.

Thailand’s Civil and Commercial Code defines it as “an event or pernicious result that could not be prevented despite efforts by the affected person to take appropriate care as may be expected from them in such a situation”. In matters law, force majeure is a clause commonly found in contracts that serves as a ‘release’ from liability or obligation for both parties in the event of extraordinary circumstances. These circumstances are said to be beyond the control of the parties, ranging from human acts such as wars, riots, and crime to ‘Acts of God’ like natural disasters, disease outbreaks, and other epidemics/pandemics.

Practically speaking, this exemption from duty for both parties is not absolute, but rather for the duration of the force majeure. While it is a common clause, it is not uncommon to find contracts that exclude this provision. In such a case, a court of law will look to its principles that are developed over time. These may include the frustration of purpose, impracticality, and impossibility of performance. Taking employment contracts and leases as examples, a Phuket lawyer will know that even if the clause is not included, Thai law will apply it if circumstances match its definition of force majeure.

Some occurrences are not covered by force majeure. These include:

  • results of usual and natural consequence of external forces
  • results of negligence or malfeasance from either party which affects its general capability to complete the agreed-upon tasks
  • results of any occurrences already catered for and addressed by the contract
  • While some situations are clear cut, some require an individual approach. The client of a Phuket aw firm may be unable to fulfill an agreed-upon task due to ‘excessive’ rain. While rain is a natural occurrence, the Phuket lawyers may be in their right to argue that it was impossible for the client to fulfill their end of the bargain because of the magnitude of the rain. As such, some cases are subjective.

It is worth noting that force majeure is under the control of whatever law governs the contract. Two contracts may have identical force majeure clauses, word for word. However, if the laws governing the two contracts are different, the interpretations of the force majeure clauses may be entirely different.

The History of Force Majeure

It is no surprise that the French term has French roots. It has its origins in French civil law. In common law, however, it more of a label for the clause. The principles behind the clause may have originated in England. Two parties signed a contract without a clause stipulating recourse should unforeseen circumstances occur. As it happened, an accidental fire destroyed a music hall where an event was supposed to take place. The event organizer was to pay the venue owner on each day of the event. This was back in 1861. The ruling was as follows: “In contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse the performance.”

Drafting a Force Majeure Clause

The structure of these clauses has, over time, streamlined. The general format is split into a definition, which is the force majeure event itself, and instructions on what happens if it occurs. Definitions for the actual event can either cast a wide net or have an exhaustive list. Most Phuket law firms, in the interest of their clients, will avoid having an exhaustive definition. In the event that an occurrence outside that scope occurs, the client will not be covered. Phuket lawyers will also understand that requiring that events be unforeseeable is not quite right, as some events are foreseeable but simply unpreventable. As long as the events are out of control of the parties.

The impact of events should also be shown. A Phuket lawyer should help a client seeking exemption show an inability to perform their duties, lack of control over the situation, and lack of other reasonable steps to take to avoid the occurrence in the first place.

There should be communication from the party being impeded within a set time frame. Regular updates should also be provided to the other party.

Force Majeure and COVID-19

As stated earlier, force majeure clauses are subject to the interpretation of the law governing the contract. This is the case in Thailand, where it can be invoked to relieve parties from contractual obligations. The novel COVID-19 pandemic has impacted different sectors of the economy differently, as well as necessitating various government directives in an attempt to combat it. There are great ambiguities. A travel ban may be seen as an unavoidable circumstance that affects a party required to transport goods as a service to another party. Closing down restaurants can be similarly classified for the owners who may not be able to receive or pay for additional supplies in their regular manner.

The government, through the Labor Ministry, announced that COVID-19 qualified as force majeure under the Social Security Act only. Everything else is to be on a case by case basis.

As it read in Nation Thailand, The Cabinet has approved compensation for employees of hotel and lodging businesses who are under the social security scheme for their loss of income either due to the government’s shutdown order or their employer’s decision to suspend operations.

History shows that force majeure has been applied during natural disasters, the Acts of God. Floods devastated Thailand in 2011. However, even with the unfortunate magnitude of COVID-19, Phuket lawyers and all others in Thailand have been wary about the principle.



Covid-19 Phuket Update

HWAL Phuket Lawyer Covid-19 update

Dear Clients and Partners,

As updates about COVID-19 are being announced daily from our Thai Government, HWAL is working diligently to review and react accordingly to these rapidly changing constraints. HWAL continues to take measures to protect our employees and clients that we are in contact with.

The new measures announced by the Thai Government permit only businesses classified as essential services to continue operation in this situation. We would like to inform you that HWAL is classified as essential services and is still fully operational.

As an essential business, HWAL keep limited staff at our office, while most of our colleagues work from their home and will follow the COVID-19 rules and regulations by our Thai Government.

Should you have any questions or concerns, please feel free to contact us at any time at.

We wish you the best during this uncertain time! Stay safe!

The HWAL Team

Vocabulary Lawyer Phuket

Vocabulary for challenging times


Curfew is a rule or law that sets a time that certain people have to be off the streets. A town may set a curfew for teenagers, for example, although many parents impose a stricter curfew for their own kids.

Historically, a curfew was signaled by the ringing of a bell meant to alert residents that it was time to put out their hearth fires. The word curfew comes from an Old French word cuevrefeu, “cover fire,” cuevre meaning to cover, and feu meaning fire. Over time, curfew has come to refer to getting people off the streets at night and into their homes, often during times of civil unrest.

Here are some other important words to fully understand during challenging times.

affairs: events affecting a government, military, organisation, etc. – กรณียกิจ, กิจธุระ

call (noun): a request, an order or a demand for somebody to do something or to go somewhere – ข้อเรียกร้อง

cooperation: working together to achieve a result that will benefit all sides – ความร่วมมือ, การทำงานร่วมกัน

curfew: a law that does not allow people to go outside between a particular time in the evening and a particular time in the morning – กฎอัยการศึก คือห้ามออกนอกบ้านในยามวิกาล

emergency decree (noun): a situation where the government takes on special powers in a dangerous situation and the rights of the people are often limited in some way – ประกาศภาวะฉุกเฉิน

impose: to introduce something and force people to accept it – กำหนด,บังคับใช้

inevitable: unavoidable – ซึ่งหลีกเลี่ยงไม่ได้

invoke: to use a rule or law as a reason or basis for doing something – ประกาศใช้ (กฎหมาย), อ้าง (กฎหมาย)

spike: a sudden increase – การพุ่งพรวดขึ้น

Drivers License Thailand

3 Reasons You Should Get a Thai Driving License

Planning to travel to Thailand – or settle in the ‘Land of Smiles’? If so, it’s highly advisable to obtain a valid Thai driving license to stay on the safe side of the law. As an experienced Phuket law firm, we understand that it’s easy for foreigners to feel overwhelmed or confused by the new traffic laws and regulations in Thailand. With this in mind, below are some of the reasons a Thai driving license might make your say seamless and enjoyable.

  1. Drive Legally

Are you a resident of Thailand? Are you visiting the country on a non-immigrant visa (retirement visa or marriage visa)? Or did you enter Thailand on a work permit/business visa? If you’re planning to stay in Thailand for a couple of months or more, getting a Thai driving license ensures you are fully legal to drive confidently in any region of the state. And keep in mind that an automobile license and a motorbike license are two distinct documents in Thailand.

Please note that the Thailand Traffic Department does not issue a driving license to foreigners with a Tourist Visa or those who entered the country on a Visa On Arrival (makes sense when your stay spans a few days or weeks). In this case, it’s prudent to carry around an International Driving Permit and a driver’s license from your home country.

  1. Applicable in Other ASEAN Countries

If you are a holder of a valid Thai driving license, you are legally allowed to drive in all 10 ASEAN countries. A translated/interpreted version of Section 42-2 of the Motor Vehicle Act B.E. 2522 indicates that “In case there’s a treaty between the Thai government and a foreign government regarding mutual acceptance of driver’s license, an alien who doesn’t have an immigrant visa may drive a motor vehicle with a driver’s license issued by such a foreign government, or an automobile association authorized by such a foreign government.”

The Association of Southeast Asian Nations (ASEAN) is basically an intergovernmental organization established in 1967 to promote regional stability and economic growth among its members. It currently consists of Thailand, Vietnam, Cambodia, Myanmar, Laos, Brunei, Singapore, Philippines, Malaysia, and Indonesia.

  1. Convenience

Simply put, getting a Thai driving license makes your stay easier and cheaper. Aside from helping you avoid legal repercussions, you also get to enjoy all the perks of a resident – i.e., the driving license is accepted as a form of ID. So if you’re planning to visit museums, national parks, and other places with discriminatory prices, you’ll pay the cheaper price awarded to locals.

Application is Relatively Easy

If you have a valid license from your home country, applying for a Thai driving license is relatively easy. All you have to do is visit a Land Transportation Office in any of the large cities with documents such as a medical certificate, passport, residences certificate or work permit, and your original valid driving license and/or international driving permit. You’ll want to arrive at the Land Transportation Office early in the morning because you might end up spending the better part of a day there depending on how things go. If you need to take the exams, there is also a very good chance you’ll be forced to spread them out over two days. The first Thai driver’s license is valid for two years, with next renewal of 5 years.

Final Remarks

It’s clear that having a valid Thai driving license has several perks including the legal factor and convenience. But remember that the law is subject to change. For example, a new regulation in the Land Traffic Act allows the police to punish traffic offenders without seizing their driving license thanks to the enforcement of an e-policing plan. Therefore, feel free to consult a Phuket lawyer for professional legal advice regarding the Motor Vehicle Act, fine imprints on the conditions of insurance, and any other applicable information.

Prenuptial Agreements Phuket

What You Need to Know About Prenuptial Agreements

First things first, what is a prenuptial agreement? Also known as an ante-nuptial agreement or premarital agreement, a prenup is a written contract entered by two individuals prior to marriage or a civil union. This enables them to control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends either by death or via a divorce.

Couples choosing to enter into a written prenup have it that it supersedes any existing default marital laws that would otherwise have applied in the event of a divorce. These laws would normally guide on matters such as property reallocation’s, retirement benefits, alimony, and any other such terms. A prenup may also contain waivers, in the event of a death, the surviving spouse’s right to claim an elective share of the deceased estate. Prenuptial agreements fall under family law, and a good Phuket law firm which practices the same can offer great advice and help in drafting one under Thai law.

Valid and Enforceable Prenup in Thailand

In Phuket and Thailand in general, a prenuptial agreement is recognized by the Commercial and Civil Code of Thailand. It is important to note that not all prenups are valid and enforceable, and it is, therefore, important to get a Phuket lawyer to help. A valid and enforceable Thai prenup is required by Law where:

  • The content of the prenuptial made in Thailand cannot be against the law or good morals;
  • Both the prospective husband and wife must understand the content of the prenuptial;
  • The prenuptial in Thailand must be made before the marriage, a contract between husband and wife concerning personal and jointly owned property made after the marriage registration (post-nuptial) is void;
  • Both the future husband and wife must sign the prenuptial in the presence of at least two witnesses and the agreement must be entered into the Marriage Register together with the marriage.

Any lawyer in Phuket will ensure that these conditions, found at clause 1466 of the Commercial and Civil Code of Thailand, are met as required.

In accordance with the Thai laws on marriage, the prenuptial agreement mainly relates to the assets and financial implications of marriage. It establishes conditions of ownership and management of personal and concrete joint property and potential division of marital assets, if the marriage will be dissolved. The prenuptial agreement should also include a list of each individual’s personal assets at the time of the marriage and guarantees, that debts and property before the marriage remain in possession of the initial owner or debtor.

From a contractual perspective, personal property includes:

  • Any property owned by spouses before the marriage;
  • Any property for personal use;
  • Gifts from third parties or property received through the testament (if it is not indicated in testament, that property should transfer to joint property of spouses);
  • Real estate transmitted to the bride as a dowry (during the engagement ceremony) also known as Khongman.

In the same way, joint property includes:

  • Property acquired at the time of the marriage;
  • Property received by one of the spouses at the time of the marriage as a gift, if in the document attached to a gift or in the document compiled by spouse this property was declared as joint;
  • Income acquired from personal property.

The Pros and Cons of a Prenuptial Agreement

Everyone will have an opinion on the necessity or implications of a prenuptial agreement, which influences the decision on whether to have one or forego it altogether. Naturally, the discussion can be an uncomfortable one for a couple if they are on either side of the fence. As such, the debate for and against prenuptial agreements has raged on.


Here are some common reasons that people may want to avoid prenuptial agreements:

  • A prenup can be perceived as not romantic. During an engagement, it does not seem appropriate to discuss what to do if the marriage fails. Couples, therefore, completely avoid the subject even if they are willing to have a prenuptial agreement.
  • If the couple is young and starting out with no assets, a prenup talk can bring up some trust issues and one of the couples may question the true motive for getting married.
  • It’s hard to predict every possible change in the future circumstances that might occur between the time a prenuptial agreement is written and a divorce. What seems fair and reasonable right now at the time of writing the prenup might seem extremely unfair to one of the partners twenty years later. A lawyer in Phuket can offer invaluable advice about any future concerns in the event that a prenup is being considered.
  • State law may protect you without a prenup.


On the other hand, there are some considerable advantages to have a prenup before entering the marriage:

  • One of the common reasons for divorce is financial disputes between couples. Discussing it all upfront will help to reduce conflicts and save money in case of divorce.
  • It can protect your separate property.
  • It helps you plan your estate
  • It defines what property is considered marital or community property
  • It reduces conflicts and saves attorney fees if you decide to divorce
  • It clarifies special agreements between you and your future spouse
  • It establishes procedures and ground rules for deciding future matters

Final Remarks

When looking at it from an individual’s perspective, prenups sound like a great idea in terms of securing one’s assets. The same may not be true for a couple. Ultimately, seeing as it’s an agreement, it will have to be agreed on. No one commits to a marriage with the intention of leaving, but it is wise to think about the future. Thinking of getting a prenup? Need help drafting one? Talk to a Phuket law firm with years of experience in family law today!

Due Diligence When Buying a Business Phuket

Due Diligence When Buying A Company

For a purchase of any kind, say, buying something online, one tends to do thorough research on the product. This entails checking for anything about the product that would make one not buy it at all. This in itself is basic form of due diligence performed before the purchase of that particular item.

By definition, due diligence is the set process of making evaluations on a business or company from set aspects or perspectives before making the decision to buy. In other words, it is a very in-depth analysis of any liabilities a company has, its obligations to whichever parties, its organizational and business structure, the financials, and the legal situation that a company is in.

Due diligence is seen as one of the most important steps and processes in the purchase of a company, and as such, requires to be planned for, and completed way before the purchase of the company moves into more advanced stages. As a buyer, it is completely one’s responsibility to perform due diligence.

As is with any important business dealing, the importance of having a good lawyer in Phuket or a good Phuket law firm cannot be overstated. Once the letter of intent to purchase is signed by both parties, it is then that the seller provides all the company’s data and information not limited to client information, staff files and records, and financial and sales numbers.

Why Due Diligence?

While generally an investigation to the position of a company, due diligence differs from one company purchase to the next. Factors like industry or nature of the business affect the parameters than the investigation will seek. Due diligence aims at ensuring that the buyer of the company is protected and that nothing is hidden at the beginning, only to be uncovered when the deal is done, and the purchase is complete. Liability will have already shifted from seller to buyer.

For this and other reasons, a Phuket lawyer dealing with business or company law, specifically in the area covered by the company being bought, would be an invaluable asset, as would a tax attorney to ensure that no liabilities are on that front as well. Any findings put the buyer in a stronger position to do any re-negotiation of the initial terms if necessary, say, payable considerations to be made and have a Phuket lawyer add relevant warranties and indemnities in the purchase agreement.

What’s Involved in the Due Diligence Process?

Involvement in due diligence encompasses the buyer, a financial expert, and a lawyer or trusted Phuket law firm. Of course, intent of purchase agreements must already be presented and signed. Company records and documents that may shed light on any liability are of the highest interest. These may include agreements for sales and purchase. Any previous, ongoing or potential lawsuit-related documents are also key. This, of course, will be done by a lawyer. Company strategies, plans for future growth and expansion of operations are also important as are interviews with the company’s executive and subordinate staff to really get a good picture of the running of the company, as well as the vision. Verification of the provided inventory listing is also important and it goes towards the valuation of the company.

Steps in the Due Diligence Process

  1. Hiring the Right Personnel

If not already available, hiring the right people to perform the due diligence is key. The two most important people are:

An accountant who can perform audits and financial investigations to go through all financial records and uncover any potential irregularities;

A lawyer who has a wealth of knowledge in company mergers and acquisitions.

  1. Getting all the Right Documents

Due diligence is heavily dependent on the documents requested for or those provided. The company’s documents should include minutes at every management level, list of counties or regions that the company conducts business in articles of incorporation for the company and so on. There should also be licenses, permits, consent letters, mortgages, deeds and leases, all to be seen by appropriate Phuket lawyers.

The accountant should receive all financial documents like annual reports, tax filings, balance sheets, assets and liabilities and general ledgers for thorough investigations.

  1. Taking Stock: Inventory

Physical assets of any kind belonging to the company should be taken into account and independently verified. This includes office equipment, manufacturing equipment if any, supplies and raw materials and even real estate and other properties. A company’s assets determine its valuation and inform the buyer of what kind of offer to make to the seller.

  1. Review Of Contracts

As mentioned earlier, buying a company shifts all contractual liability from the seller to the buyer. The lawyer should, therefore, go over all agreements and contracts. The seller should provide, all contracts and agreement, the lawyers and other professionals who worked with the company in recent times.

  1. Review of Employee Records

A company’s employee handbook should also be reviewed. Resumes for the top-level management staff should be provided, as should those of the members of the board. Any issues such as employee complaints or terminations and any related or potential suits should be highlighted. Any non-disclosure and confidentiality agreements should also be looked at by the lawyer. The accountant should be provided with the list of salaries and other benefits enjoyed by the staff over a specific period.

  1. Review of Policy Documents, Legal Documents

The company’s policies should be reviewed and completely understood before purchasing a company. There should also be an assessment of any potential litigation towards the company, and if any, perform an assessment of the potential risk in terms of damages, whether financial or reputational which then the buyer will use to re-assess interest in acquiring the company.

  1. Product and Customer Data

Finally, an assessment should be carried out on everything that is consumer-facing from market perception to product performance. Any products under development should also be assessed. A review of regulatory compliance should be done, any complaints or feedback on surveys done. A lawyer proficient in copyright and intellectual property should perform checks as to whether the company’s products are registered and protected.

Final Remarks

Due diligence is vital for any company acquisition. It is a necessary process with many factors to be reviewed and consider. In some cases, one lawyer may not be enough, depending on the size of the company in question. Having an excellent team of lawyers from an established Phuket law firm will go a long way in ensuring that the process carries on diligently and that once the purchase is done, there will be no surprises.

Legal Coaching Phuket

Legal Coaching

While one may argue that the legal field has relatively remained constant, the fact remains that change is inevitable in every field. This is especially the case wherever clients are involved. Phuket law firms are becoming aware of changing client needs. These changes require diversification in how certain legal services that have been traditionally offered – and which can now be improved to suite you, the client. Legal coaching is a perfect example of this.

Traditionally, a Phuket lawyer would choose to drop a client if they were not to provide full representation and drive the case their way. Nowadays, it is not uncommon to find a lawyer or Phuket law firm willing to be partly involved in a case, with clients being guided on how to handle some of the matter if it’s not going to court.

Why Legal Coaching?

Legal coaching means that the lawyer is designated to a consultancy role as opposed to taking point. This limited legal assistance may be suitable for clients for several reasons. The first factor is financial capability, where not every client may be able to afford full representation even if it is necessary. Instead of not having any legal assistance, you, the client, may choose to only involve a Phuket lawyer in limited scope of the case, and for guidance only.

Another reason would be the desire for involvement. Currently, legal coaching is being applied to family law, whereby in cases such as divorce, the parties seek more involvement. Clients nowadays want involvement, and want to know what happens at every stage of the divorce proceedings. In this case, having a lawyer guiding the client from the background would be desirable.

When finding a legal coach, it is prudent to find a professional with a wealth of knowledge in a particular matter. This will ensure that even their guidance only would do you a wealth of good when it comes to self-representation.

What Legal Coaching Offers

Legal coaching offers full representation in the event that the case overwhelms the client. The advantage of this is the smooth transition because the lawyer was already partially involved. It also offers litigation advice and coaching, where the lawyer will help determine whether the client’s claim is viable and how to proceed with the claim, even formulating interview questions. A legal coach can also offer limited legal assistance in either preparing or reviewing legal documents that the client has prepared. Legal coaching can also help a client with mediation, whether before or after. If before, the legal coach can advise on rules and options, and if after, can offer advice on whether to accept or decline a proposed agreement.

Intellectual Property Law Phuket

Guide to Intellectual Property [IP]

Depending on the market or industry sector that you are operating in, Intellectual Property can actually be the most important and most valuable thing that the firm, or an individual owns. Now more than ever, IP ranks above physical assets. It comprises anything ranging from patents to just insider employee information. Think of it as company secrets like a secret recipe or ingredient, a formula or plans for a product yet to be launched to market. It is information which, in most cases, is intangible but proprietary. IP is a creation of the mind.

With the increased value placed on IP comes the increased risk of losing such important information. Cases of hacking, corporate espionage, and robbery are on the rise, with companies losing millions in terms of potential revenue. A good Phuket law firm will, therefore, always advice clients to take certain measures to protect any Intellectual Property in their possession. The best way to protect IP would, of course, to understand it first and have lawyers that do as well. It generally has four categories.

Trade Secrets

This can be anything that gives a business or company a competitive advantage over other players in the market. It can be a secret ingredient, a chemical formula or a device used for a particular process. The lawyer comes in when protecting trade secrets by drafting measures to keep the secret safe, like making all privy to the information sign an air-tight Non-Disclosure Agreement such that the personnel are required by law to keep the secret a secret, even if they were to leave the organization.


Copyright normally applies to creative material, in written form or as a form of art. This applies to music, videos, movies, and even publications and novels. If you’re the author of a book, a copyright ensures that no one can reproduce the contents of your novel in whichever means without your express permission and in doing so, open themselves up to legal action. Particulars may differ from one place to the next, but a good Phuket lawyer will always advice when getting the copyright and how to go about granting other parties a creative license to use your work.


This applies to manufactured and therefore tangible goods. It bars other parties from reproducing unique items that you have manufactured. A Phuket law firm with experience in international law is a huge advantage because patents can be filed internationally. This then means that to use your invention, other parties have to acquire licensing from you, which of course a lawyer will help facilitate.


Trademarks apply to branding, where symbols, sounds, names, and certain phrases associated with a platform or service or company belong to that company for a period of time, which can then be renewed. Trademarks are important as they influence brand perception and company reputation. Legal action can be taken on parties that infringe on a company’s brand or use trademarked names or symbols to tarnish a company’s reputation.

With IP comes the need for well-versed Phuket law firm that has lawyers to assist in every process geared towards protecting Intellectual Property. Talk to us today!

Due Diligence Phuket Lawyer

What is Legal Due Diligence – And why is it Necessary?

Buying a business is quite risky, especially if you don’t take precautionary measures. Why so? Let’s put this into perspective; when you buy a tangible asset such as a car or one of the beautiful pieces of real estate in Phuket, you can easily inspect the property (or hire a professional) to determine the value of what you’re buying. But when it comes to purchasing a business or similar complex asset, it’s exact value is not obvious. In business, there are many intangible items and possible hidden traps – what you see is not always what it seems.

This is where due diligence by a credible Phuket law firm comes into play. This informative article aims to guide buyers involved in business acquisitions or mergers on the importance of due diligence and how they stand to benefit from the legal process.

Legal Due Diligence Defined

Generally, due diligence refers to the activity, prudence, or level of judgment that a reasonable party is expected to perform under certain circumstances. But from the lens of corporate law, due diligence is the legal investigation carried on by a third party (such as a Phuket lawyer) on behalf of a client or a party intending to complete a business transaction such as a corporate merger or acquisition, and company obligations (potential lawsuits, contracts, warranties, debts, lease agreements etc.)

What is the Purpose of Due Diligence?

In a nutshell, the process of legal due diligence has three purposes that protect the buyer from potential legal risks as highlighted below:

  • To uncover material information that the seller may not have disclosed intentionally or unintentionally. This requires a qualified Phuket law firm that can perform a thorough scrutiny of a business activity/transaction, and provide extensive insight into all applicable legal matters.
  • To verify the legal accuracy and viability of the information provided. This allows the buyer to determine the actual status of the business and the consequences of an agreement.

What does the Buyer Stand to Gain?

By obtaining the services of a lawyer in Phuket, buyers stand to gain a lot from the business transaction (merger or acquisition). So, what’s in it for you as the client? Due diligence allows the buyer to obtain valuable information that may make or break the negotiations. Data on the target’s legal position helps you make informed decisions that guide your steps. What are the legal risks? Is the transaction a cost-effective transaction? These are all questions that are answered by the legal results from your Phuket law firm.


Due diligence is a critical and necessary step in business transactions. Your Phuket lawyer can help you verify the information provided by the seller and even uncover hidden information that is crucial to the deal. Are you planning on completing a business agreement in Phuket? Look for a lawyer with all the necessary tools and know-how of the documents needed and best practices.