The legal sage

David is currently Chairman and Chief Values Officer at Tilleke & Gibbins (T&G) International Ltd, the oldest and biggest independent law firm in Thailand. One might expect that a man in his position, who meets with well-connected people day in and day out, would be found in a three-piece suit in a luxuriously appointed office. 

But this is not the case with David, who usually wears casual clothes and has no aides following him around. His office on the 23rd floor of Supalai Grand Tower is relatively small and modest, although the view is breathtaking.

“Look, what a view of Bangkok,” he said, walking close to the large window as if he were looking through it for the first time, admiring the skyline full of modern skyscrapers.    

David’s numerous friends and business associates invariably speak of his remarkable character, as reflected in his wisdom, sense of humor, friendliness and compassion for the less fortunate. 

He is one of the Kingdom’s best-known foreign residents through his activities and services on behalf of the government and society, as well as the Thai and foreign business communities.

Reading through his 11-page CV, one cannot help but be impressed at his accomplishments. David is an active member in many local and international organizations, including the American Chamber of Commerce in Thailand, International Chamber of Commerce, World Economic Forum, International Crisis Group, Lex Mundi and Pacific Rim Advisory Council law firm alliances, and Thailand Society for the Prevention of Cruelty to Animals.

David gave a short background of his law firm: “In 1890 Ceylonese lawyer William Alfred Goone Tilleke chose Siam as the place he wished to employ his talents and secure a career, and he opened a law office. In 1902 he teamed up with Ralph Gibbins, an Englishman, and the firm became Tilleke & Gibbins.  

“My father, Albert Lyman, along with my mother, Freda Ring Lyman, purchased T&G in 1951 from the surviving partner, Victor Jaques, and I took over after my father’s death in 1984.”

David’s parents came to Thailand in 1949, when he was 12 years old. Even at that time it was a friendly place, in comparison to other countries in the region, and the family decided to make their home here.

T&G has three principal groups – intellectual property, corporate and litigation or dispute resolution, which includes arbitration.

“We have now four offices: two in Thailand, in Bangkok and Phuket, and two in Vietnam, in Hanoi and Ho Chi Minh City. We employ about 350 people, including 100 lawyers, 85 of whom are in Bangkok. The firm serves over 5,000 clients from more than 100 countries. Our clients include government agencies, financial institutions, shipping companies and fashion houses.”

Recognizing the growing opportunity in Vietnam, the firm established T&G Consultants Limited in 1989 to provide investment and legal consulting services for businesses engaged in commercial activities there.

In 1992 Tilleke & Gibbins became the first foreign law firm to receive a license to establish a representative office in Vietnam. The office, situated in Ho Chi Minh City, was followed in 1994 by the opening of a representative branch in Hanoi. In 1996, both offices were awarded full law licenses.

The firm branched out to Phuket in early 2005 to service the needs of foreign property buyers there and in surrounding areas. Since then, the firm has acted for more than over 1,000 foreign buyers there.

“My family contributed to the development of the law in this country, and did a lot of charity work and so on. My father founded the American Association of Thailand (now the American Chamber of Commerce) and was a founder and chairman of the Bangkok Stock Exchange (now the Stock Exchange of Thailand).

“My mother played a major role in the creation of the Foundation for Crippled Children and she was involved in other projects like Cheshire Homes which provides support for the disabled.

“In recognition of her work, she was awarded the Most Noble Order of the Crown of Thailand 5th Class in 1961, making her the first foreign woman to be decorated by His Majesty King Bhumibol Adulyadej.”

When asked what he likes and dislikes the most in Thailand, he answered quickly: “I like the Thai people and dislike the corruption.

“Corruption is pervasive across the world and throughout history. Corruption and other illicit activities thrive in Thailand today as they have in the past because most people believe that they, as individuals, can do little to curb it. So they learn to live with it. 

“Thailand does not lack for anti-corruption laws, but are they enforced?”

Money, politics, an age-old patronage system, personal connections, nepotism, interventions by influential persons, lack of funding to pay government officials and to fund the operations of some government agencies – these are some reasons for the corruption. 

“When a government official wants a promotion, it may be necessary to pay a superior. Where do these officials get the money to feed the system and still support themselves and their families? Unless they moonlight or their families have money, they have to get it from those they serve.”

David said that it is not easy to operate a business in Thailand. “You will always run into problems. My father used to say: ‘A problem every hour and a crisis twice a day.’ This was one of his famous sayings. Maybe the crisis just comes twice a week, but there are always problems.”

David reckons that on average his firm takes on 1,000 new cases every month. The majority – 700 to 800 – are for intellectual property registrations, which are small cases with a fixed fee. The rest are more time consuming, involving litigation or corporate matters, for example.

“The ordinary cases like formation of a company or registration of a trademark, that’s bread-and-butter work,” said David. “However, once a while we will get a fascinating case. One of the more memorable and extraordinary cases for me was that of two foreign journalists, Rodney Tasker and Shawn Crispen. 

“Both were working for the now defunct weekly Hong Kong-based magazine Far Eastern Economic Review. They were threatened with expulsion in 2002 after the Thai authorities deemed an article published in January that year to be offensive to the country. They had some problems with former Prime Minister Thaksin Shinawatra.

“We resolved the whole thing with a little help here and there, including some behind-the-scenes negotiations. Everyone was telling me, ‘David, you will get in trouble with Thaksin over this.’

“Not long after the matter was resolved, I attended a luncheon that the Foreign Chambers of Commerce held for then Prime Minister Thaksin. As usual, I came in late. In order to get to my table I had to pass where Thaksin was sitting. We’ve known each other for 30 years.

“While I was passing by his table, he said, ‘David, sit down, there’s an empty seat here.’ I said, ‘Prime Minister, this is a seat for the president of a Foreign Chamber of Commerce which I am no longer.’

“David, sit down,’ he repeated. So what do you do if the prime minister tells you to sit down? I sat down. 

“Thaksin gave me a lot of face at that meeting, but no trouble over the incident. It was his way of saying, it is a closed chapter, let’s move on. I am not commenting on his politics, just this case.” 
  
David said he and his firm have had good relationships with almost every government because they don’t become involved in partisan political matters. “Naturally, we have to understand the political situation and to know the politicians. Some I have known since I was young. We grew up together.” 

He doesn’t like drug (narcotics) cases and no longer takes them. “We used to take a lot of them, but not now. Usually, the accused are guilty as hell, so why take money from them when we cannot help them? There is an occasional case when someone is framed or the wrong person is arrested, but generally speaking, in the average drug case they are caught red-handed.