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Go East, Young Man - Exporting American Lawyers to China

A few decades ago there hardly any such live with her day after day, for better
field as international law - only or for worse."Our China Office" Strikes
domestic law representing clients with Again: "Our China Rep Office" is more
funny sounding names. Although that like it. Keep in mind that in China,
situation has changed, the globe is not Representative Offices may not allowed to
yet as borderless as the media would have engage in profit-generating activities.
us believe it is. Nevertheless, US So how do US law firms get away with it?
lawyers are heading to China in To be sure, a few of them are mostly
increasing numbers to practice "cutting engaged in the Western legal side of
edge" foreign investment law, and many of sophisticated cross-border transactions
these adventurers are fresh out of law (and thus not generally in the market for
school. Conventional wisdom has it that new graduates), but the rest are
heading overseas straight out of law practicing Chinese law illegally. They
school will ruin your career back home get away with this in Beijing (not so
should you ever want to relocate often in Shanghai) because the Chinese
stateside.I beg to differ. I know of a authorities turn their heads, ignoring
young man who graduated from law school the wounded howls of jilted (and
in the mid-nineties with a high GPA, well-qualified) Chinese lawyers. The
fluency in Mandarin Chinese, and reality is that many foreign investors
experience as a Summer Associate in the still feel more comfortable retaining US
Beijing office of a major international lawyers even though top Chinese lawyers
law firm. He had caught the "Asia bug" are far better able to understand legal
and returned so fast that his diploma had and linguistic nuances that American
to be mailed to him across the Pacific. lawyers are likely to overlook. In other
Around the turn of the millennium he words, US lawyers are tolerated by the
returned to the US to test out the theory Chinese authorities because they help
that "you can't go home again". With only attract foreign investment. When the
a few months of effort, he landed a English language ability of Chinese
premium position as a delivery driver for lawyers improves enough to inspire
Pizza Hut, making a full dollar an hour greater confidence among foreign
above minimum wage (plus tips!).Look in investors, the Chinese government may
the Mirror: Let's get serious. Before you start rolling up the welcome mat for
take a leap across the Pacific, take a foreign lawyers. And it won't even take a
look in the mirror and ask yourself this new law to throw them out - only
question: "Am I an 'international enforcement of existing law. Imagine the
Lawyer', or am I an 'International spectacle of former China investment
lawyer'?" (note the differences in lawyers returning to the US wearing
capitalization). What's Plan B in case sandwich boards reading "Will Litigate
practicing law in China falls through? for Food". Don't get caught in mid-career
Will you be practicing law in the United all dressed up with no place to
States, or will you be teaching English go.Lawyers without Borders: Don't be
in China? What excites you about China silly, there is no such thing (is
law - China, or law? Because when all is there?). "Doctors without Borders" makes
said and done, an office is an office, sense because human anatomy is basically
whether it's in Beijing, New York, or the same everywhere. Not so with legal
London. And like it or not, the inside of systems - even in the wake of increasing
an office is where the average lawyer standardization of cross-border business
spends most of his/her waking hours. transactions, there will always be pesky
Likewise, legal work is legal work; little barriers (like local bar
there's not any exciting difference associations) that will stand in the way
whether you're consulting with clients of the international free flow of legal
and drafting documents in Chinese, services. The law is not the best career
English, or Serbo-Croatian.The Prestige choice if you want to live overseas.
Factor: It's very stylish these days for Let's face it - you should have gone to
medium and large sized law firms to business school instead.A Loophole: China
prattle on and on about "our China allows legal advisors who are not
Office" - and it allows for the issuance admitted to the local bar association to
of impressive-looking bilingual business work in certain jobs that would require
cards. It's become such a potent status bar membership in the US. Included among
symbol that a many firms (I strongly such positions is corporate counsel - at
suspect) are holding on to money-losing their best, 9 to 5 jobs that come with
offices in China just so they can keep six-figure incomes. In case six figures
Beijing on the list of cities where their isn't enough for you, these positions
firm has offices. Medium sized law firms often provide opportunities for greater
in particular like to set up China wealth as the company grows - stock
offices to prove to their clients their options, for example.Forget the
status as Big Time International Players international law firms doing big sexy
- sort of like the teenager who won't deals. Grind out 2-4 years of business
shave off his peach fuzz because it law experience in the US and look for a
"proves I'm a man".Better to forget about job in the legal department of the China
the prestige factor involved in office of a Western multinational.David
practicing international law overseas. A. Carnes is a California attorney
Holding a prestigious job is like working for California Industrial City in
marrying a fashion model - it's cool at Zhengzhou, China. His website, Start a
first, but hey, law is a jealous mistress Company in China, is at and offers free,
- after a couple of months the magic step-by-step information on how to
wears off and you're going to have to establish a business presence in China.




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