So You Want To Practice International (China) Law?
Law students and recent law school graduates are always contacting me to ask how they can become international lawyers focused on China law. My advice to them is usually a somewhat rambling dissertation on the need to build a solid legal foundation while working on improving language skills. I then talk about how almost every lawyer I know just fell into/morphed into their practice area after many years as lawyers. I always get the sense this is exactly what these law students/young lawyers do not want to hear.
They want specifics and I am giving lectures on following one's heart, foundations, basics, training, morphing, and luck.
But this last time when a law student who speaks some Chinese wrote me about getting into China law and started asking specific questions, I decided I should refer him instead to another law student I know who has spent considerable time in China and just returned from interviewing with a number of big international law firms in their U.S. and China offices. I ended up being cc'ed on their initial e-mail discussions and, with just a bit of editing (I mean, these were informal e-mails between law students), I am passing on the salient information:
It is my impression that many international firms in mainland China are desperate for attorneys with knowledge of Chinese. However, due to current restrictions from the Chinese government, it is difficult to immediately enter the China market without previous experience in the States.
As I am sure you know, there is a law that requires "Foreign
Representative Attorneys" to have two years experience in another jurisdiction before they can work in China. It is a strange law, but it seems that most big American firms are following it (smaller firms maybe not so much). However, many people get around it by splitting time between another jurisdiction (including Hong Kong) and China. If you spend 6 months + 1 day in the home jurisdiction, and the rest of the time in China, that counts as a year in your home jurisdiction. If you do that for two years, you are eligible to work in China. You still cannot "practice" law there, but you can work there.
I think the way to go is to practice for a few years in a major U.S. market, and then go to China to practice for a couple more years. This way the skill set you bring to China will be an American legal education and American experience. Even if your Chinese is very good, your added value to a law firm in China is your American legal background. If you go to China immediately after graduation you cut into what you can offer.
On the other hand, there is something to be said for going there immediately...it is more exciting legal market, and trends are changing. Ten years ago if you went immediately to China you would be ending your legal career before it began. Now with globalization that is changing rapidly, but it is still a little risky. If you don't want to be a partner at a major law firm then going there first is fine. However, if you are looking for an American legal career, I encourage you to stay in the states for another couple of years.
For more on getting into China law, check out the Transnational Law Blog's post, entitled, "The Allure of Working in China."
http://www.chinalawblog.com/cgi-bin/mt/mt-t.cgi/1486
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Comments
As a California attorney working in China, I definitely agree that it's a good idea to get a few years experience in your home jurisdiction before heading out to China, because if you don't, it could be a rough transition if you ever decide to go back home.
Also keep in mind that if you work for a foreign law firm in China and you haven't passed the Chinese bar exam and been admitted to practice in China, technically speaking you are violating Chinese law (even though foreign lawyers are widely tolerated in China).
However, you don't need to pass the Chinese bar exam or be licensed in China to work as corporate counsel or as a "legal advisor" for a Chinese law firm.
Posted by: David Carnes | October 8, 2006 7:07 PM
Mr. Carnes --
Thanks for checking in. Foreign lawyers can legally work for foreign law firms in China, they just cannot legally practice Chinese law. You are right though that foreign lawyers are allowed to work for Chinese law firms as legal advisors/foreign law consultants. We actually broke the story on the Shanghai Bar Association's memorandum regarding its anger at foreign lawyers practicing law in Shanghai. For more on that, go here: http://www.typepad.com/t/app/weblog/post?__mode=edit_entry&id=10529054&blog_id=261978
Posted by: China Law Blog | October 8, 2006 9:58 PM
I would echo this post completely. In my experience interviewing this fall with large international firms, with the exception of one British firm that wanted to send new hires straight to Hong Kong, all the firms suggested practicing in the US for two years before heading over to China. With two years of US experience, a young attorney will add much more value to the overseas office because of all the formal training they will get in the first two years in the home office. Having that experience at home should also make the transition back easier should that come up.
Also, if you have language skills and decent grades, odds are the firms will be chasing you. So law students should try negotiating a stint in Hong Kong or mainland China as part of their summer experience. At least that way you will know what you are getting into should you want to transfer offices after your first two years.
Posted by: Ben | October 10, 2006 6:52 AM
You're right, I did speak too broadly. There is plenty of room for the practice of strictly foreign law in a variety of coss-border transactions. By the way, I worked for Richard Wang (of the Shanghai Bar Association) during most of 2005 and I can say from experience that his firm is as compentent as any forein investor could ask for.
Posted by: David A Carnes | October 10, 2006 10:17 AM
Ben --
Thanks for checking in. You make a really good point about spending some summer time with a firm in China. I can see this as being good both for the student to determine if China is really the right thing and to convince the firm with which you interview that you are serious about China.
Posted by: China Law Blog | October 10, 2006 6:30 PM
Mr. Carnes -
Thanks for checking back in and for clarifying. I do not know Mr. Wang, but I certainly know many fine Shanghai lawyers.
Posted by: China Law Blog | October 10, 2006 6:32 PM
I am a law student from Argentina and I am doing an internship in an important law firm in Buenos Aires. I have had the opportunity to start working on arbitration in China.
I would like to ask you if the regulations, interpretations and notices of the Supreme People's Court are posted somewhere on the internet. I have searched everywhere, but I can't seem to find any.
Thank you so much for any assistance you can provide me with,
Estefanía Santos
Posted by: Estefanía Santos | October 20, 2006 11:45 AM
Mr. Santos --
Thanks for checking in. I have not seen the Supreme Court's pronouncement on arbitration. I suggest you read my post on it here:http://www.chinalawblog.com/chinalawblog/2006/09/china_on_validi.html and contact Mr. Yuen at Freshfields for assitance. If there is an English version, I would guess he can steer you to it. Alternatively, try contacting Professor Clarke of the Chinese Law Professor Blog (link on the side here). He has an amazing ability to get his hands on China's laws before just about anyone else.
Posted by: China Law Blog | October 20, 2006 5:39 PM
I am a student currently studying law overseas and are seeking internships in China. There seem to be no programs and I have tried contacting the HR from some firms directly with no success. Would you have any handy hints for gaining a summer internship with a barrister from the Shanghai Bar Association or from a major law firm?
Posted by: Catherine | October 13, 2008 5:44 PM