General knowledge

Why Contract Drafting Should Always Be Done by a Lawyer Even Ordinary Documents Matter More Than You Think?

Posted on by wongsakornsiri
13
Nov

In today’s world, every organization from small businesses to large corporations must prepare legal and business documents regularly. These include employee termination letters, employment contracts, lease agreements, joint venture contracts, and even simple memorandums of understanding.

Many people assume such documents can be “drafted by themselves” or “copied from the Internet.” However, in reality, every document that involves a contract carries legal implications. If drafted carelessly or missing key clauses, it can lead to severe financial or business damages worth tens or even millions of baht.

Therefore, having a lawyer draft your contracts is not an unnecessary expense, it is an investment in legal security that every organization should prioritize.

Lawyers Understand the True Legal Structure of a Contract

Drafting a legally sound contract is not just about writing neatly or having signatures in the right places. It requires a deep understanding of how each sentence creates legal obligations.

For example:

  • The phrase “The employer may terminate” and “The employer has the right to terminate” have different legal effects.
  • Failure to specify termination conditions may allow the other party to claim damages.
  • Even a misplaced comma or spacing can alter the entire meaning of a clause.

A professional lawyer can draft a contract with foresight considering potential future legal consequences, minimizing litigation risk, limiting liabilities, and ensuring their client remains in a favorable position.

Preventing Damage Caused by Self-Drafted Contracts

Many organizations, especially small businesses, consider hiring a lawyer for contract drafting as an unnecessary expense. They often use “free online templates” or assign the HR department to handle the task.

As a result:

  • The contract fails to cover real-life situations.
  • There are no clear terms on termination, compensation, or liability.
  • When disputes arise, legal enforcement becomes difficult due to unclear wording.

A common example is employee termination documents. Many companies draft them without specifying lawful termination reasons or compensation according to labor law leading to additional financial liability or even lawsuits.

Conversely, when a lawyer drafts the document from the start, these issues can be fully prevented. A lawyer ensures every document is legally compliant and protects the employer’s rights in a fair and balanced manner.

Legal Drafting Ensures 100% Enforceable Documents

A valid legal document must include essential elements such as:

  • Proper identification of all parties involved
  • Clear definitions of rights, duties, and responsibilities
  • Unambiguous language
  • Proper signatures and witnesses as required by law

If any of these are missing, the document may not be legally binding or inadmissible in court. Lawyers meticulously review every detail to ensure complete legal enforceability before delivering the document to clients.

Long-Term Value Preventing Lawsuits and Reducing Business Costs

While some organizations try to save money by drafting contracts themselves, when disputes arise, they end up spending far more on litigation and legal fees.

Having a lawyer draft contracts from the beginning can significantly reduce legal risks and long-term costs. Lawyers carefully establish protective clauses such as:

  • Termination conditions
  • Dispute resolution mechanisms
  • Defined scope of liability for each party

This creates a solid legal foundation for your business to operate smoothly and confidently.

Wongsakorn Law Office  Comprehensive Legal Services, Especially in Contract Drafting

If you are looking for a professional lawyer who can draft contracts quickly, accurately, and comprehensively, Wongsakorn Law Office is your trusted choice.

We provide contract drafting services for all types of agreements, including:

  • Employment / Termination contracts
  • Sales / Lease agreements
  • Joint venture / Loan contracts
  • Memorandums or agreements between individuals or organizations

Our specialized legal team ensures every document is reviewed and completed within one business day, offering both convenience and confidence.

Never underestimate the importance of “small documents.”
In the eyes of the law, every document is evidence that affects your rights and obligations. Drafting one without legal expertise could put you at a serious disadvantage.

Hiring a lawyer to draft your contracts is not an additional cost, it’s the most worthwhile investment in your legal protection.

📞 Contact Wongsakorn Law Office — A full-service legal firm specializing in all types of contract drafting. Because a well-drafted document today can protect you when problems arise tomorrow.

Recover fully first

Insurance Lesson Learned! The Policyholder Hit a Pedestrian but the Insurance Company Did Nothing When “trust” in an insurance company turns into double damage?

Posted on by wongsakornsiri
11
Nov

Lawyer Arm shares how to claim your legal rights correctly from the start.

In the world of insurance, many people believe that having a policy is a shield of protection when unexpected accidents happen, especially road accidents.
However, in reality, there are many cases where the insured must handle everything on their own, and worse, insurance companies sometimes refuse to take responsibility, leaving the policyholder to share the financial burden with the injured party.

This true story happened to a man who held a car insurance policy. He hit a pedestrian, causing injuries that required hospitalization. The police ruled him at fault. Everything seemed to proceed normally toward a claim until the insurance company refused to help, even with the advance payment for medical expenses.

The Insurance Company Refused to Advance Payment Despite Having the Claim Document

The insured man said he had all the required documents, a claim form and an accident report but the company told him both he and the injured person must “advance the payment first.”
Even with the claim form in hand, the insurer would not issue a guarantee letter for the hospital to claim directly. As a result, both the insured and the victim had to pay medical expenses from their own pockets first.

This might sound unbelievable, but such cases do happen. It’s a clear reminder that:

“Having insurance doesn’t automatically mean you’ll be protected in every case.”

When the Insured Becomes a Double Victim?

Since the police ruled him at fault, the insured had the legal duty to compensate the injured party.
But instead of the insurer managing the claim as promised, both the insured and the injured person had to jointly demand compensation from the insurance company.
This turned the policyholder into a “double victim” losing money, time, and peace of mind.

Lawyer Arm’s Advice: File a Joint Lawsuit as a Consumer Protection Case

Lawyer Arm suggests that if both the policyholder and the injured person file a lawsuit together against the insurance company, it can be considered a consumer protection case, as both are consumers suffering from unfair business practices.

If the court finds that damage truly occurred, the insured can claim full compensation including Lawyer’s fees.
In many cases, the court orders the insurer to pay for legal costs, though it depends on the evidence and court discretion.
That’s why having a lawyer from the very beginning is essential to ensure that every step follows the law and that your rights are fully protected.

Lawyers Can Legally Charge a Percentage of the Awarded Amount

Under Thai law, lawyers can legally charge a percentage-based fee from the recoverable amount.
Therefore, policyholders can make a transparent agreement with their lawyer, for example:

  • Setting a fair percentage from the total recovered amount; or
  • Paying a flat fee for the entire case.

This clarity helps avoid disputes later and ensures smoother case progression.

Don’t Wait Too Long Before Consulting a Lawyer

Lawyer Arm also warns:

“Don’t wait until you fully recover or years have passed before filing your claim. Once you’ve recovered, you may lose the right to claim compensation for permanent disability.”

In practice, many people wait too long only to receive partial compensation.
Always seek legal advice immediately after an accident, so your lawyer can verify your claim and documentation right from the start.

Insurance Companies Sell Easily but Claims Are Hard

Many insurance companies market themselves as “fast and reliable”, but when accidents actually happen, they often give excuses such as:

  • “We’re overloaded with cases.”
  • “It’s not our department’s responsibility.”
  • “We need to wait for documents from the hospital.”

In the end, the policyholder ends up doing all the paperwork and follow-ups.
As Lawyer Arm often says:

“When you sell insurance, you sell trust but when a client has an accident, you must serve them, not make excuses.”

Key Advice for Every Policyholder

1.Keep all evidence — claim forms, police reports, medical certificates, receipts.

2.Notify your insurer immediately after an accident and ask for a claim number.

3.Don’t sign any documents you don’t fully understand especially waivers or settlements.

4.Consult a lawyer right away if the insurer refuses to pay or delays the claim.

The Takeaway

Having insurance doesn’t guarantee fair treatment but knowing your rights and having a lawyer by your side can help you recover your losses and gain true justice.
In a world where companies compete to sell insurance, don’t forget as a policyholder, you must also learn to understand and defend your rights.
Consult a lawyer today so you’ll never be taken advantage of by an insurance company again.

Loss of use of vehicle

Lawyer Arm Shares a Real Experience: “Car Repair Shop” Forced Him to Sign Repair Duration Agreement or They Wouldn’t Fix the Car!

Posted on by wongsakornsiri
07
Nov

A car repair shop is something every car owner has to deal with at some point especially after an accident. But surprisingly, even if you already have car insurance, many consumers still fall victim to the practices of certain repair shops and insurance companies without realizing it.

Recently, Lawyer Arm shared a real-life experience that happened to him. One of his employees accidentally crashed his car, and when he brought it in for repairs, something shocking happened. In this article, Lawyer Arm aims to raise awareness and warn the public:
If you don’t understand your rights or have a lawyer guiding you from the beginning, you could easily be taken advantage of by the repair shop or the insurance company.

The Repair Shop Called and Demanded a Signature Before Continuing the Repair

After the accident, Lawyer Arm’s car was sent to an insurance-affiliated repair shop. One day, the shop called and said:

“You must sign to accept the repair period and waiting time for parts. If you don’t sign, we can’t continue fixing your car.”

It might sound like a standard request for customer acknowledgment, but for someone who knows the law, Lawyer Arm immediately recognized this was not in line with OIC (Office of Insurance Commission) regulations.

OIC Clarifies: “Notification” Doesn’t Mean “Signature Required”

According to the OIC’s official regulation, “notifying the insured” means informing them not requiring a signature.

Notification can be done through:

  • Phone call
  • Email
  • LINE message
  • Written document or repair report

The intent is simply to update progress, not to make customers accept unfair conditions, such as excessive waiting periods or the use of mixed genuine and imitation parts.
However, in this case, the repair shop twisted the rule, turning a simple “notification” into a forced signature, which is both misleading and unfair to consumers.

The Problem with Mixing Genuine and Imitation Parts

Besides forcing a signature, the repair shop also said:

“We’ll use both genuine and imitation parts.”

At first, this might sound like a compromise but in legal and professional terms, repairs must restore the vehicle to its pre-accident condition as closely as possible.

Lawyer Arm explained:

“It’s simple if your car originally had genuine parts, the repair should use genuine parts. Mixing parts reduces quality, safety, and future resale value.”

If the repair shop must wait for genuine parts, they only need to notify the customer, not force them to sign anything. Refusing to continue repairs unless you sign is a clear violation of regulations.

What to Do If the Repair Shop Refuses to Fix Your Car?

Lawyer Arm recommends consulting a lawyer immediately if you face such a situation. A lawyer can communicate directly with the insurance company and document the shop’s refusal properly, for instance, by email or chat to preserve evidence in case of future disputes.

Understand Clearly  “Notify” ≠ “Sign”

Many people confuse the two terms. Lawyer Arm clarifies:

“‘Notify’ doesn’t mean signing acknowledgment, nor does it release the repair shop from responsibility for delays. It’s just a progress update, not an agreement to delay.”

So, if a repair shop says, “If you don’t sign, we won’t fix your car,” you have the right to refuse and report the matter to your insurance company immediately.

Why Having a Lawyer Matters from the Moment of the Accident?

Lawyer Arm’s real experience shows that even someone knowledgeable about the law can face unfair treatment without proper legal representation.
Both the repair shop and the insurance company might interpret regulations in their own favor, not yours.

Without a lawyer to guide you from the start, you risk losing your rights without realizing it.
In reality, “If you don’t have a lawyer from the moment of the accident, you can easily be taken advantage of.”

Know Your Rights Before You Sign Anything

This case perfectly illustrates why understanding the law and OIC regulations protects consumers.
If any repair shop or insurance company pressures you to sign documents or accept unclear conditions don’t hesitate to consult a lawyer.

Because at the end of the day:

“The insurance company always has their lawyer. Do you have yours?”

📞 Contact: 062-195-1661 | Click to Consult a Lawyer Now

Drunk Driving Cases

Is It Legal for Insurance Companies to Retroactively Calculate Blood Alcohol Levels? When consumers are unfairly treated due to one-sided interpretations by insurance companies?

Posted on by wongsakornsiri
05
Nov

Over the past several years, there have been numerous cases where car insurance companies have denied compensation on the grounds that the driver’s blood alcohol concentration (BAC) exceeded 50 milligrams percent at the time of the accident, the legal limit under the Land Traffic Act B.E. 2522 (1979).

However, what has caused serious unfairness to consumers is that some insurance companies retroactively calculate alcohol levels without relying on the actual test results taken at the time of the incident. Instead, they use internal calculation manuals, assuming that the alcohol level in the blood decreases by 15 milligrams percent per hour, then use this formula to conclude that the insured person must have exceeded the legal limit at the time of the accident.

This practice raises a serious legal and ethical question:

“Do insurance companies have the legal right to retroactively calculate alcohol levels on their own?”

The Law Is Clear: Only the Actual Alcohol Level at the Time of the Accident Matters

According to both insurance policy terms and Section 43(2) of the Land Traffic Act:

“If the driver has a blood alcohol level exceeding 50 milligrams percent at the time of the incident, it is considered a violation of the law.”

Therefore, determining whether the driver exceeded the legal limit must be based on actual test results taken at the time of the accident, or as close to that time as possible not on retroactive estimations or assumptions derived from internal company guidelines.

Hence, when an insurance company unilaterally interprets that retroactive calculation is valid, it violates the insurance contract and potentially exploits consumers, lacking credible scientific evidence.

The Court of Appeal’s Judgment: Retroactive Calculations Are “Unreliable”

In one case handled by Wongsakorn Law Office, the Consumer Case Division of the Court of Appeal ruled decisively on this issue.

The Court stated that the insurance company’s reliance solely on its internal policy interpretation manual, which claimed that alcohol decreases by 15 milligrams percent per hour and then retroactively calculated the driver’s BAC to exceed 50 mg%, was weak and unreliable evidence.

The Court held that such retroactive estimation represents a one-sided interpretation by the insurance company and unfairly disadvantages the consumer, violating the principles of fairness in consumer contracts.

Therefore, the Court established a key principle:

“If an insurance company claims the driver exceeded the alcohol limit, it must provide clear, impartial, and credible evidence, not merely internal calculations.”

In other words, without actual medical or police test results taken at the time of the incident, the insurer cannot deny coverage.

The Bigger Problem: Why Doesn’t the OIC Penalize Insurers?

Even though the Court of Appeal has already set a clear legal precedent, in practice, when consumers file complaints with the Office of Insurance Commission (OIC) after being denied compensation due to “retroactive alcohol levels,”
Many cases show that the OIC still sides with the insurers without thoroughly verifying the facts.

Lawyer Arm questioned:

“When the court has already ruled that the insurance company was wrong, why doesn’t the OIC penalize them?”

This highlights a major gap in the regulatory system, allowing insurers to continuously take advantage of consumers even under the oversight of the very agency meant to protect public rights.

What Should Consumers Do If Denied Compensation Due to “Retroactive Alcohol”?

Do not hesitate to consult a lawyer.
 If an insurance company denies your claim on the grounds that you “had alcohol in your system while driving,” consult a lawyer immediately.

Many people mistakenly believe, “If I just explain the truth, they’ll understand,” or “I already have hospital test results; that should be enough.”
In reality, insurance companies have teams of lawyers who know every legal loophole, interpret contracts strategically, and rely on the fact that most consumers are afraid to sue.

Without a lawyer who understands insurance law and strategy, you will never outsmart the insurance company, and you will inevitably be taken advantage of.

Every word in the policy and every number in the alcohol test report can be used as a basis to deny responsibility. Some insurers even use vague terms such as “having alcohol in the blood” without specifying that the level must be measured at the time of the accident, leaving room for manipulative interpretations.

Not Supporting Drunk Driving But Also Not Supporting Corporate Exploitation

Lawyer Arm emphasizes:

“We do not condone driving under the influence of alcohol, but we also do not support insurance companies exploiting the public.”

Retroactively calculating alcohol levels not only breaches the insurance contract but also creates a dangerous precedent for consumer protection in Thailand. It allows insurers to deny compensation under virtually any pretext.Therefore, if you or someone you know has been denied coverage due to “retroactive alcohol,”
Don’t stay silent consult a lawyer experienced in consumer and insurance law to ensure your rights are fully protected.

The insurance company always has a lawyer on their side. What about you — Do you have a lawyer?

If your insurance company denies your claim using “retroactive alcohol” as an excuse, don’t waste time trying to handle it alone because ultimately, the insurer will use the law to their advantage.

Consult an experienced insurance lawyer immediately. A skilled lawyer will strategically structure your case from the beginning, ensuring that your legal rights are preserved.

Retroactive alcohol results are not legally valid evidence.

Insurance companies have no right to use such calculations to deny compensation.
If you’ve been unfairly treated, the law is on your side and having a lawyer by your side is the strongest protection you can have.

📞 For legal consultation: 062-195-1661 or click Contact Us to get immediate assistance.

General knowledge

When Your “Photo” Is Used Without Permission – Can You Sue?

Posted on by wongsakornsiri
22
Oct

Today, a “photo” is not just an ordinary image, it’s a form of digital property that carries both personal and commercial value. Many people share their photos online whether it’s selfies on social media or product images for business but a recurring issue is the unauthorized use of photos, especially in harmful or illegal ways, such as:

  • Using your picture to promote online gambling websites
  • Using your image in product advertisements without consent
  • Editing or manipulating your photo to cause defamation or misunderstanding

These acts are not trivial. They constitute a violation of image rights (Right of Publicity / Right of Image) and may even fall under criminal offenses.

Your Right to Your Own Image

Under Thai law, any photograph that clearly shows your face or likeness is considered personal data and part of your right to privacy.
No one can legally publish or use it without your consent whether for commercial purposes (advertisements, endorsements) or public display (websites, social media posts, etc.).

If someone uses your image without permission, especially in a way that harms your reputation, such as appearing on a gambling website or being linked to offensive content you are legally entitled to sue for damages under both civil and criminal law.

Relevant Laws When Someone Uses Your Photo Without Consent

1. Civil and Commercial Code, Section 420

“Whoever willfully or negligently causes damage to another person by an unlawful act shall compensate for the injury caused.”

This means if someone uses your photo and it damages your reputation, job opportunities, or emotional well-being for example, people mistakenly believe you’re associated with a gambling site you may file a lawsuit for damages as a civil tort.

2. Personal Data Protection Act (PDPA)
 Any photo that identifies a person is considered personal data. Using or sharing it without consent violates the PDPA, which carries civil, administrative, and even criminal penalties.

3. Criminal Code, Sections 326 & 328 (Defamation)
 If your image is used in a way that makes people despise or ridicule you such as being edited inappropriately or linked with immoral or illegal content the perpetrator may be prosecuted for defamation by publication, punishable by up to 2 years in prison or a fine up to 200,000 baht, or both.

4. Computer Crime Act, Section 14
 Uploading or distributing your photo online with false or misleading information that damages your reputation may result in up to 5 years imprisonment, a fine up to 100,000 baht, or both.

What Should You Do If You Discover Your Photo Was Used Without Consent?

1. Collect Evidence Immediately
 Take screenshots of the website, post, or ad that used your image including date, time, URL, and context for use as evidence in police or court proceedings.

2. Request Content Removal
 Contact the website owner or platform (Facebook, Instagram, TikTok, Google, etc.) to request content removal. Provide proof that you own the image, such as the original file or post.

3. File a Police Report
 You can report the violation to your local police or the Technology Crime Suppression Division (TCSD). Possible charges include violations of the Computer Crime Act or defamation.

4. Consult a Lawyer for Civil Action
 If the incident caused financial loss, emotional distress, or reputational harm, your lawyer can assess damages and file a civil lawsuit for compensation.

Don’t Underestimate “Just One Photo”

In the digital age, a photo represents your identity, credibility, and social image.
If someone uses your image for illegal advertising or defamation, it not only ruins your reputation but can also lead to serious misunderstanding or criminal implication.

Do not ignore or try to handle it yourself missteps could lead to lost legal rights or missing evidence.

Consult a Lawyer to Protect Your Image Rights

If you find out that your photo has been used on gambling websites, online ads, or manipulated in harmful ways, don’t act alone.
Each case may involve different legal areas criminal, civil, and data protection.

Consulting a lawyer early helps you:

  • Identify which laws apply to your case
  • Prepare proper evidence
  • File for compensation or press charges effectively and lawfully

Wongsakorn Law Office

We have a team of expert lawyers specializing in technology and tort law, ready to assist you in cases involving unauthorized photo use.
Our goal is to ensure you receive justice and full protection of your image rights.

 Don’t let your photo become a weapon against you, let us legally defend your right to your image.

Loss of use of vehicle

Does an Insurance Company Have the Right to Choose a Lump-Sum Repair for the Customer’s Car?

Posted on by wongsakornsiri
21
Oct

The answer is “Yes” But not at the expense of the customer’s rights.

When a car accident happens, many insured drivers feel reassured knowing that their insurance company will handle the repair costs. However, what most policyholders don’t realize is that insurance companies can manage car repairs in several ways. One common practice is “lump-sum repair” or “contracted repair,” where the insurer negotiates a fixed amount with a repair shop. This often leads to dissatisfaction among customers who feel their cars were “not restored to their original condition” or “poorly repaired.”

So, does an insurance company have the right to do this?
Legally, yes, they do but that right must remain within reasonable limits and must not cause harm to the insured party. The goal of repairing the customer’s car should be to restore it to its original condition, not to cut costs for the company’s own benefit.

Understanding “Lump-Sum Repairs” in the Insurance Industry

A “lump-sum repair” means the insurer estimates the total repair cost and agrees on a fixed price with a repair shop or service center often without consulting the customer. For example, if your car sustains 40,000 baht in damages, the company might strike a deal with a garage for that amount, leaving you out of the decision-making process.

While this may sound reasonable from a business perspective  as insurers must control costs in practice, this often leads to cost-cutting repairs rather than quality restoration.

Common problems include:

  • Incomplete or substandard repairs
  • Use of second-hand or non-genuine parts
  • Paintwork that doesn’t match the original
  • Or worst of all recurring issues requiring multiple repair attempts

Even though insurers have the right to choose lump-sum repairs, they do not have the right to infringe upon the customer’s legal rights.

The Customer’s Legal Right: “Restoration to the Original Condition”

Under motor insurance principles, repairs after an accident must restore the vehicle to its pre-accident condition.
 That means your car should be as close as possible to its original state in terms of structure, paint quality, safety, and functionality.

If an insurer’s chosen repair method worsens the car’s condition or reduces its quality, that could amount to a “tortious act.”
 An insurer cannot act in bad faith under the contract to the detriment of the insured.

Legally, even though the insurer is a contracting party, this doesn’t grant them unlimited authority over your vehicle.
Customers are entitled to fair, quality repairs that return their property to its original state. Acting solely for the company’s financial gain is not legally justifiable.

Lawyer Arm’s View: “Yes, They Can  But Not at the Customer’s Expense”

Lawyer Arm explains:

“The insurer may have the right to choose lump-sum repairs, but they have no right to cause the customer further harm.”

The insurer’s right to manage operations is protected by law, but it must be exercised in good faith and responsibility  consistent with Section 420 of the Thai Civil and Commercial Code, which states:

“A person who, willfully or negligently, unlawfully injures another is bound to make compensation.”

If the insurer’s repair decision leads to further damage such as mismatched paint, reduced performance, or new mechanical issues that could constitute a tort.

Moreover, a car is not just a financial asset it directly relates to safety. Poor-quality repairs may not only devalue the car but could cause further accidents, making the insurer liable under civil or even criminal law.

Why Should You Consult a Lawyer from the Start?

When an accident occurs, and your car needs repair, the first thing you should do is ask for clarity upfront:
 Where will the repair take place? How will it be handled? Can you choose your preferred repair center?

If you let the insurer take full control of the repair without reviewing the terms, you might end up with a poorly repaired vehicle  and the struggle to demand compensation afterward can cost you both time and money.

Consulting a lawyer early ensures that you:

  • Understand your rights under your insurance policy
  • Know your options regarding repair types
  • Can take legal action if the insurer breaches its obligations

The Insurer’s Right Exists But It Must Be Fair

Ultimately, insurers do have the right to manage repairs, including using lump-sum arrangements.
However, that right must never override the customer’s right to fair treatment.
The car must be restored as closely as possible to its original state, not just “patched up” to save the insurer money.

If you’ve been in an accident, don’t wait until problems arise to seek legal advice.
Consult a lawyer immediately. It’s the best way to protect your rights and ensure a fair outcome.

WongSakorn Law Office

Our team of experienced insurance and compensation lawyers can help you file and pursue insurance claims properly and effectively ensuring you receive the full amount you deserve and that your car is restored to its original condition without compromise.

Let us “restore your rights” just like restoring your car  properly, and completely.

General knowledge

Employee Damages Company Systems: How Can Employers Sue Under Section 12/1? What Are Their Rights?

Posted on by wongsakornsiri
20
Oct

In today’s digital era, every business relies heavily on computer systems, databases, and technology. Damage caused by data loss or system destruction doesn’t just interrupt day-to-day operations it can result in severe business consequences, including the loss of major clients, the collapse of multi-million-baht deals, or long-term reputational harm.

But what if this damage is caused by the company’s own employee? Particularly in cases where a disgruntled employee deliberately damages the system, what legal actions can the employer take?
And how can the employer file a case that falls under Section 12/1 of the Computer Crime Act B.E. 2550 (2007)?

When an Employee Damages the Company’s Computer System?

Suppose Mr. A, an IT staff member responsible for managing the company’s client database, becomes dissatisfied after a dispute with management. Out of anger, he uses his authorized system access to delete the entire client database and changes the login password to lock everyone else out.
The result: all customer data is lost, multi-million-baht business deals collapse, and company operations come to a halt. This isn’t merely a case of “data loss” , it’s a severe blow to the company’s reputation and credibility.

Such an act constitutes a computer-related offense committed by an employee, falling directly under Section 12/1 of the Computer Crime Act.

Understanding Section 12/1 Before Filing a Lawsuit

Reference: Computer Crime Act (No. 2) B.E. 2560 (2017)

Section 12:
 If any offense under Section 5, Section 6, Section 7, Section 8, or Section 11 is committed against computer data or a computer system related to the national security, public safety, economic stability of the country, or any critical public infrastructure,
the offender shall be liable to imprisonment for a term of one to seven years and a fine of twenty thousand to one hundred and forty thousand baht.

If the offense under the first paragraph causes damage to such computer data or computer system,
the offender shall be liable to imprisonment for a term of one to ten years and a fine of twenty thousand to two hundred thousand baht.

If the offense under Section 9 or Section 10 is committed against computer data or a computer system as mentioned in the first paragraph,
the offender shall be liable to imprisonment for a term of three to fifteen years and a fine of sixty thousand to three hundred thousand baht.

What Can the Employer Do?

Employers can pursue both criminal and civil actions as follows:

1.File a Criminal Complaint Under Section 12/1
 The employer can report the case to the police, supported by evidence such as:

o    System access logs

o    Proof of data deletion or alteration

o    Witness statements or written communications showing intent

The offender may face up to 5 years’ imprisonment, a fine up to 100,000 baht, or both.

2.File a Civil Lawsuit for Damages
 The employer can also claim compensation for:

o    Loss of business opportunities

o    Costs to repair or recover data

o    Reputational damage

The employer must prove that the damages were directly caused by the employee’s intentional act.

3.Take Disciplinary Action
 If the employee is still under employment, the company may terminate without compensation, under Section 119 of the Labour Protection Act B.E. 2541, which allows dismissal for serious misconduct causing employer’s damage.

Proving “Intent” Is Key

The court will focus on the employee’s intent.
If the damage was accidental for instance, due to technical error it may not fall under Section 12/1.
However, deliberate actions such as:

  • Deleting critical data,
  • Blocking system access, or
  • Corrupting important files
    clearly demonstrate intent to cause harm and are punishable under the law.

What Employers Must Be Careful About?

Even if the damage is serious, all actions against employees must comply with labor laws.
Wrongful dismissal without sufficient evidence can result in counterclaims.
Also, unauthorized access to an employee’s private accounts could violate personal data protection laws.
Therefore, it is crucial to let a qualified lawyer handle evidence collection and procedural steps from the start.

Why Should Employers Consult a Lawyer Early?

This type of case involves three areas of law:

  • Criminal law (computer-related offenses),
  • Civil law (claims for damages), and
  • Labor law (employee rights).

If handled incorrectly, employers might lose legal advantage or face additional lawsuits.
A lawyer ensures the case aligns properly with Section 12/1 and maximizes the employer’s legal protection.

Don’t Handle It Alone-Consult a Lawyer First

When an employee causes damage to your company’s computer system whether intentionally or in a moment of anger do not attempt to handle it on your own.
 These cases are legally complex, and employees remain protected under labor law.

Consulting an experienced lawyer helps determine:

  • The proper legal charge,
  • How to preserve evidence, and
  • How to file effectively under Section 12/1.

Wongsakorn Law Office offers legal consultation and representation for employers and companies harmed by employee misconduct.
Our team of experts specializes in labor law and computer-related cases ensuring your rights and your company’s interests are fully protected.

👉 Consult our lawyers before taking any action to protect your company’s future.

General knowledge

What Is a Notary Public and Why Is It Important in Law?

Posted on by wongsakornsiri
15
Oct

In today’s globalized world where business, travel, and cross-border transactions are increasingly common, documents play a crucial role in confirming rights, duties, and credibility between individuals or organizations.
However, for these documents to be legally recognized across countries, they must be authenticated by an authorized official. In Thailand, that official is known as a Notary Public.

You may have heard of this term when applying for visas, certifying translations, or preparing documents for use abroad. But who exactly is a Notary Public, what do they do, and why are their services essential?
This article will explain in simple terms and introduce the Notary Public service from Wongsakorn Law Office, available across Bangkok and nearby provinces, providing certified documents within one day.

What Is a Notary Public?

A Notary Public in Thailand refers to a licensed lawyer authorized by the Lawyers Council of Thailand to certify documents and signatures for international legal use.

Their role is governed by the Regulations of the Lawyers Council on Document and Signature Certification (B.E. 2557), which allows only trained and certified lawyers to sign and seal documents as Notary Publics.

Main Duties of a Notary Public

A Notary Public is responsible for authenticating various legal documents, including:

1.Signature Certification – Verifying that the person signing is the true owner of the signature, such as for contracts, power of attorney, employment certificates, or invitation letters.

2.Certified True Copies – Confirming that a copy matches the original document (e.g., passport, ID card, house registration, company certificate, or official record).

3.Translation Certification – Certifying that an official translation (e.g., marriage certificate, academic transcript, or contract) is accurate for embassy or foreign use.

4.Power of Attorney Certification – Used when someone abroad authorizes another person to act on their behalf in Thailand (e.g., property transactions, government filings, or banking matters).

5.Affidavit or Declaration Certification – Used in some cases for submission to foreign courts or international organizations.

Why Do You Need a Notary Public?

A Notary Public’s certification confirms the authenticity and legitimacy of both the document and the signer under Thai law making it valid for use abroad.

Without a Notary Public’s endorsement, foreign agencies or embassies may reject or invalidate your document, causing unnecessary delays and expenses.

Common situations requiring Notary Public certification include:

  • Visa or nationality applications
  • Study or work abroad
  • Banking or investment transactions with foreign institutions
  • Cross-border property purchases
  • Overseas company registration or contracts with foreign investors

Difference Between Notary Public and Government Certification

While government agencies such as the Ministry of Foreign Affairs (MFA) also provide document authentication, their process can be lengthy and complex.

A Notary Public, on the other hand, can complete certification within one day, and their endorsement is accepted by most embassies, multinational companies, and international organizations especially before applying for an Apostille or further legalization at the MFA.

In short, a Notary Public is the first essential step to ensure your Thai documents are legally recognized overseas.

How to Choose a Reliable Notary Public

Since unauthorized individuals sometimes pose as Notary Publics, you should always verify that:

  • The certifier is a licensed lawyer authorized by the Lawyers Council of Thailand.
  • The seal includes the lawyer’s full name, registration number, and Notary Public license number.
  • The document is signed and formatted according to legal standards.

Proper certification prevents embassy rejection or document delays.

Wongsakorn Law Office  One-Day Notary Public Service in Bangkok and Metropolitan Areas

Wongsakorn Law Office provides Notary Public services by lawyers officially licensed by the Lawyers Council of Thailand.

Our comprehensive services cover:

  • Signature, document, and translation certification
  • Power of attorney and business document notarization
  • Embassy and international submission certification

We understand that time is crucial for clients using documents abroad.
Simply bring your original documents and ID (or passport) to our office, and you’ll receive Notary-certified documents within one day.

Our legal team will guide you through every step from reviewing your documents and formatting them correctly to preparing for embassy or foreign submissions.

A Notary Public is the key to ensuring your documents are “valid worldwide.”

Whether for business, study, or work overseas, notarization guarantees credibility and international acceptance.

If you’re in Bangkok or nearby provinces and need fast, lawful notarization Wongsakorn Law Office is ready to assist you with complete, accurate, and one-day service.

General knowledge

Which Court Has Jurisdiction? Thailand or China When Foreign Partners Dispute Company Shares?

Posted on by wongsakornsiri
15
Oct

Registering a business partnership isn’t just about completing paperwork. From a legal standpoint, when business partners are from different countries such as a Chinese and a Thai national one key question often arises:
“If a dispute occurs, which country’s court has the authority to decide the case?”
 This article explains the issue in simple terms, with real-world examples that often occur in international business operations.

Case Example: Thai–Chinese Partners with a Company in Thailand but Contract Signed in China

Mr. A, a Chinese citizen, and Mr. B, a Thai citizen, entered into a business contract in China. Later, Mr. A established a company in Thailand and allowed Mr. B to hold some shares, making him a business partner in the Thai company.
As the business grew, Mr. A, the real owner, decided that he should hold all the shares and wanted to sue to reclaim the shares from Mr. B.

This raises the question:
Should the lawsuit be filed in a Thai court or a Chinese court?
 The answer depends on legal principles governing company registration and jurisdiction in each country.

Legal Principle: Jurisdiction (“Which Court Has Authority”)

The first issue to consider is which country the dispute directly concerns. For example:

  • If the dispute relates to the business contract made in China, such as profit sharing or investment terms, then the case falls under Chinese jurisdiction.
  • But if the dispute concerns shares in a company registered in Thailand, regardless of who the shareholders are, it must be filed in a Thai court, as it concerns a Thai legal entity governed by Thai law.

Therefore, if the shares in question belong to a company registered in Thailand, even if the agreement originated in China, the case should be brought before a Thai court.

Importance of Proper Company Registration

This case highlights how proper company or partnership registration directly affects jurisdiction and shareholder rights.

If Mr. A and Mr. B had clearly specified the governing law and jurisdiction clause in their initial contract for instance, naming which court would handle disputes the matter would have been simpler.
However, many business partners overlook this step, forcing courts to later determine where the dispute arose and which court has jurisdiction.

That’s why, when registering a company or partnership, especially one involving foreign investors, it’s essential to have a lawyer experienced in international law review the agreement to prevent future conflicts over jurisdiction and shareholder rights.

Filing a Lawsuit to Reclaim Shares in a Thai Company

In the above case, since the company is registered in Thailand, a lawsuit to reclaim the shares must be filed in a Thai civil court, such as:

  • A petition to remove an unlawfully listed shareholder,
  • A lawsuit to transfer the shares back, or
  • A claim to recover dividends or benefits derived from the shares.

The Thai court will consider the case under the Civil and Commercial Code, along with corporate documents such as the company’s Articles of Association, shareholder list (Bor Chor 5), and proof of share payment.

If Mr. A also claims that the original contract made in China was breached, he may file a separate lawsuit in China, though its judgment will not directly affect the Thai share registry unless formally recognized by a Thai court, a process that can be complex and time-consuming.

Understanding “Two Legal Systems” in Cross-Border Business

International business partnerships require understanding both countries’ legal systems.
For example, if a Chinese national invests in Thailand, Chinese law may impose restrictions on foreign investment or currency transfers. Therefore, having a legal team familiar with both Thai and Chinese law is crucial to structuring the business properly and avoiding legal risks.

Wongsakorn Law Office Your Legal Partner in Thailand and China

If you or your company are facing disputes involving foreign shareholders or shares in a Thai-registered company, consult with a lawyer experienced in company registration and international business law.

Wongsakorn Law Office has a team of experts in both Thai and foreign law including Chinese lawyers based in our firm  who can handle and coordinate cases both in Thailand and China professionally.

Whether your case involves company registration, share transfer, or shareholder disputes,
We’re ready to represent and assist you across both Thailand and China.

General knowledge

Company Partnership Registration Why You Should Consult a Lawyer from the Start?

Posted on by wongsakornsiri
08
Oct

Because most legal problems begin with the wrong foundation.

In an era where more people are starting their own businesses, whether family enterprises, startups, or ventures between friends, “company partnership registration” marks a crucial starting point for every business. It establishes the company’s legal status and defines the rights, duties, and relationships among all “partners” or “shareholders” within the organization.

However, many people still view company registration as merely a “paperwork process” that they can handle themselves or delegate to a general accounting firm without consulting a lawyer. In truth, this is the most critical stage where legal risks often begin, sometimes silently, with long-term consequences.

Registering a Partnership Company Is Not Just Paperwork It Defines Your Power Structure

Many believe that company registration is simply filling out forms, declaring registered capital, and naming directors according to the Department of Business Development’s requirements. In reality, it is the process of designing the company’s legal framework, which will bind every stakeholder for years to come.

Those documents
• the company’s objectives,
• shareholding ratios,
• directors’ powers,
• voting conditions,
• and even share transfer rules
all carry legal implications that can “grant authority” or “strip rights” from certain partners without them realizing it.

For example, one partner may sign papers allowing another to be the sole authorized director without any limitations. Later, in case of conflict, the other partners may have no access to the company’s bank accounts or essential documents because the Articles of Association legally grant full authority to that single director.

A Wrong Start = Problems That Are Hard to Undo

Business lawyers frequently encounter the same problems when clients come for advice after issues arise often because they began without proper legal guidance. Common examples include:

1. Disputes among partners over profit distribution or management power  because the roles, capital contributions, and decision-making rights were never clearly defined at the beginning.

2. Inability to change partners due to poorly written or legally invalid agreements that prevent share transfers.

3. Unnecessary taxes and fees caused by registering under an unsuitable entity type, e.g., registering as a limited partnership instead of a limited company.

4. Repeated amendments to the company’s Articles due to poor initial planning.

Most importantly, when a dispute arises, everything goes back to what was written during registration. If the contracts or documents were vague or flawed, they could easily become legal disadvantages in court.

Why Should You Have a Lawyer Involved from the Start?

1.Deeper legal and structural insight — Lawyers can analyze your business type and suggest the most suitable structure (e.g., limited company vs. limited partnership), ensuring compliance with tax laws and long-term goals.

2.Drafting a Shareholders’ Agreement — This internal agreement governs share transfers, management decisions, capital increases, director appointments, and exit procedures. Without it, resolving future disputes becomes extremely difficult.

3.Legal document review and compliance — Ensuring your company name, objectives, and all filings meet legal requirements and government policies.

4.Tax and legal risk prevention — Lawyers can design proper shareholding and financing structures, ensuring compliance with both civil and tax laws.

5.Enhanced business credibility — Properly registered companies with lawyer-drafted documents appear more trustworthy to investors, partners, and financial institutions.

Waiting Until Problems Arise Costs More Time and Money

Many entrepreneurs only consult a lawyer when a dispute arises, a partner withdraws, a lawsuit is filed, or tax problems occur. But by that time, it is often too late. Registration documents cannot always be amended retroactively.

Having a lawyer from the beginning is an investment in prevention, not just problem-solving. Every document you sign from day one becomes the legal foundation of your company. A correct beginning saves you from costly corrections or lawsuits later.

Let Wongsakorn Law Office Handle Your Company Partnership Registration

Wongsakorn Law Office provides comprehensive legal services for company partnership registration and business structuring.

Our services include:
• Shareholder and director structure consultation
• Drafting Shareholders’ Agreements
• Preparing and reviewing Articles of Association
• Company and partnership registration
• Ongoing tax and business legal consultation

Our experienced lawyers specialize in domestic and international business law, taxation, and registration procedures ensuring that your business begins on a solid, lawful, and secure foundation.

“Company partnership registration” is not just the start of a business  it is the foundation of its legal identity.

 Don’t wait for conflicts to arise before consulting a lawyer.
Let Wongsakorn Law Office guide you from the very beginning to ensure your business starts right, safe, and strong. >> Contact us today <<

Line @ คลิก! โทรหาเรา คลิก!