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ARTICLE · 26 OCTOBER 2021

Global Attorney-Client Privilege Guide 2021

Tilleke & Gibbins
Tilleke & Gibbins
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Tilleke & Gibbins

Tilleke & Gibbins

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As a civil law jurisdiction, Thailand does not recognize the common law concept of privilege (ACP), although there is a recognized general equivalent.

ThailandLitigation, Mediation & Arbitration

Attorney-Client/Solicitor-Client Privilege (ACP)

Is the ACP recognized in your jurisdiction?

As a civil law jurisdiction, Thailand does not recognize the common law concept of privilege (ACP), although there is a recognized general equivalent (see below).

If the ACP is not recognized in your jurisdiction, are there rules of professional confidentiality or other rules that would enable a lawyer or a client to withhold attorney-client communications or work product prepared by counsel from disclosure in a civil proceeding?

Note: This question is directed primarily to civil law jurisdictions that do not recognize common law jurisdictions' privilege doctrines.

[1] While the specific common law principle of ACP, Thai law contains a general equivalent of legal professional privilege where lawyers are prohibited from disclosing a client's confidential information. A lawyer can only disclose such information if the client consents or a court orders the disclosure.

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