Laying down the law

Laying down the law

Recent high-profile court cases have led to some lawyers becoming media darlings. But does their increased profile help secure justice for clients or demean the judicial system?

SOCIAL & LIFESTYLE
Laying down the law
Sittra Biebangkerd, right, talks to the media with his client Charoon by his side. Photo: Somchai Poomlard

The image of an attorney of law is traditionally that of a formal, reserved figure in a suit and tie who mostly works from behind the scenes. But in recent months in Thailand, the spotlight has been cast on a number of lawyers who have become a kind of celebrity -- the face of their own cases, the stars in their clients' dramas -- when they make frequent appearances on TV and social media. Many are famous for posting their comments online, taking to Facebook Live to communicate with thousands of fans, and offering legal punditry on high-profile cases, including their own.

This phenomenon, however, has come with criticism of the role of lawyers outside of the courtroom. Some are questioning how lawyers are treading the blurred line between professionalism and publicity, whether it is an act of self-promotion or public service, and if being so public is appropriate. One such lawyer has even been criticised for his attire -- T-shirt tucked inside blue jeans.

"The world has changed. We can fight legal battles not just in court alone," said Sittra Biebangkerd, 37, a T-shirt-and-jeans-wearing lawyer whose face has appeared on the news every night in the past month. Sittra is representing retired police officer Charoon Wimoon in the 30 million baht lottery scandal, one of the country's most watched news items that has taken on the magnitude of a national drama.

Sittra, telegenic, eloquent and direct, has almost 400,000 followers on his Facebook page. He often makes online postings about some of the cases he's working on when he feels the knowledge would be beneficial and educational to the public. At the same time, he said the information being posted must not get in the way or jeopardise ongoing cases. The evidence needed in court is, of course, kept away.

As secretary-general of the Foundation of People's Lawyers, Sittra's latest case involves the contest for ownership of a winning lottery ticket -- a seemingly trivial case that has escalated into an investigation of a possible fraud ring. For months, the case has been scrutinised on TV reports and online news sites on a daily, sometimes hourly, basis. At the moment, the investigation -- and public sentiment -- has tipped in favour of Sittra's client.

In going public with some details of the case, Sittra feels it helps in raising society's awareness on the issues. And with many eyes on the case, the authorities aren't able to turn a blind eye, or even to try tipping the scales unjustly in the way they favour. It helps in reinforcing the implementation and enforcement of the law.

Being under society's watchful eyes has its pros and cons, said the lawyer. While it's more difficult for him now to conduct private investigations, he said having the spotlight on him can be reassuring as it puts everything out in the open. The authorities must be more careful when they work on cases since there are now many eyes scrutinising their actions.

But going public also draws criticism. Just last week, a witness from the opposing side of the 30 million baht lottery case made a plea to the Lawyers Council to investigate Sittra's "inappropriate" behaviour. Pattana Jatiket, vice-chairman of the Lawyers Council, revealed to members of the media that he has received complaints regarding Sittra's attire -- the T-shirt that says "the people's lawyer" -- for some of his comments, and for frequently putting his clients on the news.

"Appearing frequently in the media is creating value to oneself so one would have more work and money compared to fellow lawyers. This affects other lawyers who are not as materialistic and boastful," said Pattana in a statement that has since been subject to major backlash from the public.

Sittra told us that he's not doing all of this for personal glory. He doesn't go after cases that receive public attention to make a name for himself. Fame only came after society showed their interest in such cases, he said. And if one day he were to end up on a side that the public majority doesn't support, he said he will persist so long as he believes it is the right thing to do.

Ananchai Chaiyadech, in suit, and his 'Axe Auntie' client outside Prawet police station. Photo: Somchai Poomlard

"I'm not really interested in the number of people and whether which side has more supporters," said Sittra. "But if they agree and believe in what I do, then that is something I take pride in."

Offering a more old-school view on the changing role of lawyers in the news-hungry era is Ananchai Chaiyadech, 58.

Ananchai is representing another high-profile case in which two senior ladies attacked a car blocking the entrance to their home with axes -- now known as "The Axe Ladies of Prawet" case. Ananchai has been a lawyer for 33 years, and he is nicknamed "the lawyer with a bone of steel" after he was physically attacked outside of court in 2008 when he was working on a case against some powerful people at the time.

Ananchai's Facebook page has over 100,000 followers, and he occasionally posts about the cases he is working on. But one thing he refrains from is commenting about cases he is not personally involved with.

"Mostly, I wouldn't criticise any cases publicly as I don't know all the facts about them. It'd be like leading society on, which I don't feel is an appropriate thing to do," he said. On the other hand, Ananchai stated that he would be glad to provide information to educate people on the code of law surrounding different issues instead of offering his own criticism about it. He also believes in a more reserved and resilient approach.

"As a lawyer, you better be sharp on the inside -- like a hidden blade -- that when you bring it out it is ready to kill, not dull and rusted," he advised.

Ananchai acknowledges that some lawyers nowadays do find it necessary to give their 2 satang about every single issue that surfaces on the public radar.

"So many lawyers are now social lawyers, and some of them just keep on talking to bring attention to themselves without realising the negative effect that will have on society," said Ananchai.

He also points out that, while some of the popular lawyers are now perceived as heroes, there remain those on the opposite side who represent people that the public do not root for. Their approaches are, of course, completely different.

"These lawyers turn very silent. They can't go public with things much or else people would start chastising them, and eventually nobody would want to hire them.

"Lawyers are two sides of a coin," Ananchai said. "On one side, we're with the plaintiffs. And on the other, we're with the defendants."

While he agrees with Sittra that being on social media does have its perks in gaining extra eyes on different matters and the platform now plays a huge role in changing the face of the country's justice system itself, at the same time lawyers have to be extra careful in navigating the online world to avoid causing confusion to society.

"Social media does bring to light what's real and what's not. And in different cases, people who were dealt with unjustly end up getting the justice they deserve after the case has been widely shared and discussed online," said Ananchai. But one thing to remember is that even lawyers do not know everything.

"Some of these things we learnt a long time ago and we may forget. And the law is something you have to research and update on constantly as the acts and bills do change. Sometimes, people comment on issues and it turns out it's wrong. But, by then, society has already misunderstood and taken off with their words."

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