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Could Fake Lawyers Be REAL Informants?
Transcript of the above video:
You know, I have put myself into a precarious situation in one way with regard to bringing up the fact that there are fake lawyers out here in Thailand and I am having to fight my own fights, fights if you will, through the legal system. But I think a real point that people aren't understanding, I mean people may think that it's some crusade for me to make sort of more money; that is actually not my primary concern, and the primary concern is what this video is titled as. Could fake lawyers be real informants? And that's been my point this whole time.
Somebody took issue with the fact that I used the word "fraud" in connection with even an organization that would allow a fake lawyer to be amongst them. And I bring it up as fraud, because the exact thing that the public would detrimentally rely on when using one of these - and by “using” I mean that in as loose a sense of the term as I possibly can - one of these fake lawyers is if they don't know that this lawyer is a fake, they could be detrimentally relying on what they presume to be privileged; attorney-client privilege. And attorney-client privilege is very important because Attorneys, actual licensed Attorneys in the American Common Law tradition - and there are foreigners out here that are totally fake lawyers that are pretending to be American lawyers or allowing the public to detrimentally rely on their presumption that they are an American lawyer - and in so doing they are causing these people to make certain communications that they would make only to somebody under privilege. And here's the point though, if they are not real, they can just as easily be an informant for law enforcement. Literally, to use like wise-guy speak from the movies, they could rat you out instantly, and that's what scares me so much about fake lawyers is that the public, lay people, who don't know, know enough to know yeah when you talk to your lawyer it is private, in sort of a colloquial way of saying it. When you talk to your lawyer it is private, it's confidential, it's privileged. If they are not a real lawyer though, then it's not necessarily privileged and confidential, and therefore those people can instantly turn on you. So I mean that's my question in all of that, it is getting to be my question, is why would law enforcement allow fake lawyers to be around unless they were okay with them because they are informants? It's not an invalid question to ask.
At the same time, the reason I personally am so concerned about fake lawyers and the fraud associated therewith, is the detrimental reliance by the public upon these individuals, individual or individuals, who do this because they think they are speaking under privilege, and the reality is that they are not, and in so doing they are harming themselves by detrimentally relying on a belief that they are dealing with an actual professional who is guided by certain rules of ethics and not only that, there are certain laws that would preclude that individual from being able to testify against them; but a fake lawyer, there are no such protections. That's why they are so dangerous, not only to the rule of law and the legal systems of the world just on its face, but also to the people, again the public, who don't know any better who detrimentally rely upon them and through their fraud, end up harming the public at large in a way that any real legal practitioner never could cause that kind of harm.
That is the problem, that is the issue I have with fake lawyers. It's not so much that I have to compete with them in certain arenas - although that's galling in and of itself - it's because at the end of the day, the public can be so heavily damaged by this level of fraud that they couldn't be able to recover in any meaningful sense, in a legal sense. So that's the reason I get so carried away about it and that said, hopefully we will see improvements to this situation here in the Kingdom of Thailand.
