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Article #45: Exporting American Lawyers To China

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A few decades ago there was hardly any - sort of like the teenager who won't
such field as international law - only shave off his peach fuzz because it
domestic law representing clients with "proves I'm a man".
funny sounding names. Although that Better to forget about the prestige
situation has changed, the globe is not factor involved in practicing
yet as borderless as the media would have international law overseas. Holding a
us believe it is. Nevertheless, US prestigious job is like marrying a
lawyers are heading to China in fashion model - it's cool at first, but
increasing numbers to practice "cutting hey, law is a jealous mistress - after a
edge" foreign investment law, and many of couple of months the magic wears off and
these adventurers are fresh out of law you're going to have to live with her day
school. Conventional wisdom has it that after day, for better or for worse.
heading overseas straight out of law Anyway, "our China Office" really means
school will ruin your career back home "our China Rep Office". Keep in mind that
should you ever want to relocate in China, representative offices may not
stateside. engage in profit-generating activities.
I beg to differ. I know of a young man So how do US law firms get away with it?
who graduated from law school in the To be sure, a few of them are mostly
mid-nineties with a high GPA, fluency in engaged in the Western legal side of
Mandarin Chinese, and experience as a sophisticated cross-border transactions
Summer Associate in the Beijing office of (and thus not generally in the market for
a major international law firm. He had new graduates), but the rest are
caught the "Asia bug" and returned so practicing Chinese law illegally. They
fast that his diploma had to be mailed to get away with this in Beijing and Hong
him across the Pacific. Around the turn Kong (not so often in Shanghai) because
of the millennium he returned to the US the Chinese authorities turn their heads,
to test out the theory that "you can't go ignoring the wounded howls of jilted (and
home again". With only a few months of well-qualified) Chinese lawyers. The
effort he was able to land a premium reality is that many foreign investors
position as a delivery driver for Pizza still feel more comfortable retaining US
Hut, making a full dollar an hour above lawyers even though top Chinese lawyers
minimum wage (plus tips!). are far better able to understand legal
Let's get serious. Before you take a leap and linguistic nuances that American
across the Pacific, take a look in the lawyers are likely to overlook.
mirror and ask yourself this question: In other words, US lawyers are tolerated
"Am I an 'international Lawyer', or am I by the Chinese authorities because they
an 'International lawyer'?" (note the help attract foreign investment. When the
differences in capitalization). What's English language ability of Chinese
Plan B in case practicing law in China lawyers improves enough to inspire
falls through? Will you be practicing law greater confidence among foreign
in the United States, or will you be investors, the Chinese government may
teaching English in China? What excites start rolling up the welcome mat under
you about China law - China, or law? the feet of American lawyers. And it
Because when all is said and done, an won't even take a new law to throw them
office is an office whether it's in out - only enforcement of existing law.
Beijing, New York, or London. And like it Imagine the spectacle of former China
or not, the inside of an office is where investment lawyers returning to the US
the average lawyer spends most of his/her wearing sandwich boards reading "Will
waking hours. Likewise, legal work is Litigate for Food". Don't get caught in
legal work; there's not any exciting mid-career all dressed up with no place
difference between systems of business to go.
law whether you're consulting with The god news is, there is a loophole:
clients and drafting documents in China allows legal advisors who are not
Mandarin Chinese, English, or admitted to the local bar association to
Serbo-Croatian. work in certain jobs that would require
Then there's the Prestige Factor. It's bar membership in the US. Included among
very stylish these days for medium and such positions is corporate counsel - at
large sized law firms to prattle on and their best, 9 to 5 jobs that come with
on about "our China Office" - and what's six-figure incomes. In case six figures
more, a China office allows for the isn't enough for you, these positions
issuance of impressive-looking bilingual often provide opportunities for greater
business cards. It's become such a potent wealth as the company grows - stock
status symbol that many firms (I strongly options, for example.
suspect) are holding on to money-losing Forget the international law firms doing
offices in China just so they can keep the big sexy deals. If you are dead-set
Beijing on the list of cities where their on China law, then grind out 2-4 years of
firm has offices. Medium sized law firms business law experience in the US, and
in particular like to set up China look for a job in the legal department of
offices to prove to their clients their the China office of a Western
status as Big Time International Players multinational.






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