Kamis, 25 Agustus 2011

Go East, Young Man - Exporting American Lawyers to China




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A few decades ago there hardly any such field as international law - only domestic law representing customers with funny sounding names. Though that circumstance has changed, the globe is not however as borderless as the media would have us believe it is. Nevertheless, US lawyers are heading to China in increasing numbers to practice "cutting edge" foreign investment law, and many of these adventurers are fresh out of law school. Conventional wisdom has it that heading overseas straight out of law school will ruin your career back property should you ever want to relocate stateside.


I beg to differ. I know of a young man who graduated from law school in the mid-nineties with a high GPA, fluency in Mandarin Chinese, and encounter as a Summer Associate in the Beijing workplace of a major international law firm. He had caught the "Asia bug" and returned so quickly that his diploma had to be mailed to him across the Pacific. About the turn of the millennium he returned to the US to test out the theory that "you cannot go dwelling once more". With only a few months of effort, he landed a premium position as a delivery driver for Pizza Hut, producing a full dollar an hour above minimum wage (plus hints!).


Look in the Mirror: Let's get critical. Before you take a leap across the Pacific, take a appear in the mirror and ask your self this question: "Am I an 'international Lawyer', or am I an 'International lawyer'?" (note the differences in capitalization). What's Strategy B in case practicing law in China falls by means of? Will you be practicing law in the United States, or will you be teaching English in China? What excites you about China law - China, or law? Due to the fact when all is mentioned and carried out, an workplace is an office, no matter if it's in Beijing, New York, or London. And like it or not, the inside of an office is exactly where the typical lawyer spends most of his/her waking hours. Likewise, legal work is legal function there is not any thrilling difference regardless of whether you're consulting with customers and drafting documents in Chinese, English, or Serbo-Croatian.


The Prestige Factor: It is pretty stylish these days for medium and substantial sized law firms to prattle on and on about "our China Office" - and it enables for the issuance of impressive-searching bilingual home business cards. It's grow to be such a potent status symbol that a numerous firms (I strongly suspect) are holding on to money-losing offices in China just so they can keep Beijing on the list of cities exactly where their firm has offices. Medium sized law firms in specific like to set up China offices to prove to their customers their status as Significant Time International Players - sort of like the teenager who will not shave off his peach fuzz considering it "proves I'm a man".


Greater to forget about the prestige factor involved in practicing international law overseas. Holding a prestigious job is like marrying a fashion model - it is cool at initial, but hey, law is a jealous mistress - following a couple of months the magic wears off and you're going to have to live with her day right after day, for much better or for worse.


"Our China Office" Strikes Once again: "Our China Rep Office" is far more like it. Maintain in mind that in China, Representative Offices could possibly not allowed to engage in profit-generating activities. So how do US law firms get away with it? To be positive, a few of them are mostly engaged in the Western legal side of sophisticated cross-border transactions (and therefore not frequently in the industry for new graduates), but the rest are practicing Chinese law illegally. They get away with this in Beijing (not so often in Shanghai) because the Chinese authorities turn their heads, ignoring the wounded howls of jilted (and effectively-qualified) Chinese lawyers. The reality is that a number of foreign investors still feel much more comfortable retaining US lawyers even though top Chinese lawyers are far superior able to comprehend legal and linguistic nuances that American lawyers are most likely to overlook. In other words, US lawyers are tolerated by the Chinese authorities considering they aid attract foreign investment. When the English language capacity of Chinese lawyers improves adequate to inspire greater confidence among foreign investors, the Chinese government may possibly commence rolling up the welcome mat for foreign lawyers. And it won't even take a new law to throw them out - only enforcement of existing law. Envision the spectacle of former China investment lawyers returning to the US wearing sandwich boards reading "Will Litigate for Food". Don't get caught in mid-career all dressed up with no location to go.


Lawyers with out Borders: Don't be silly, there is no such thing (is there?). "Physicians without having Borders" makes sense for the reason that human anatomy is fundamentally the similar everywhere. Not so with legal systems - even in the wake of increasing standardization of cross-border small business transactions, there will consistently be pesky small barriers (like neighborhood bar associations) that will stand in the way of the international zero cost flow of legal services. The law is not the top career choice if you want to live overseas. Let's face it - you really should have gone to business school instead.


A Loophole: China allows legal advisors who are not admitted to the local bar association to function in certain jobs that would need bar membership in the US. Included among such positions is corporate counsel - at their top, 9 to five jobs that come with six-figure incomes. In case six figures isn't sufficient for you, these positions typically provide opportunities for greater wealth as the firm grows - stock choices, for example.


Forget the international law firms performing significant sexy offers. Grind out 2-4 years of organization law experience in the US and look for a job in the legal department of the China office of a Western multinational.

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