No country is immune to corruption. Corruption and other illicit activities thrive in Thailand today as they have throughout this nation’s long history. According to Transparency International’s latest survey, the level of corruption in Thailand is no worse than it is in many countries. Is it liked? No. Accepted? Yes, but as a repugnant fact of life. Why? Because most people can do little about curbing it so they learn to live with it. Is the government promoting anti-corruption? Lip service, yes. Concrete steps? Very slow, so the jury is still out.

The Report: Thailand 2011, published by Oxford Business Group, provides an in-depth analysis of various sectors of the Thai economy. In the legal section of the publication, Tilleke & Gibbins examines the government’s recent push for further liberalization of foreign investment laws. In addition to foreign investment, the article examines forms of business organization, capital markets, property law, labor and employment issues, and intellectual property.

The last few decades have seen an increase in the implementation and forceful application of anti-corruption laws worldwide. Due to Western authorities’ extensive powers regarding anti-corruption issues, foreign-based companies are requiring their subsidiaries in Asia to control gift-giving expenses, especially since efforts to respect the customs of giving gifts to officials (including hosting dinners or banquets) may constitute bribery according to international and even local anti-corruption laws.

This paper answers a number of important questions about the role of client confidentiality within the Thai legal system. Key points include the regulations governing confidentiality, the limits of attorney-client privilege, and the disclosure of client information in certain situations.