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