International law firms in China: Market access and ethical risks

Fordham Law Review

Volumn 80, Issue 6, 2012, Pages 2569-2575

  Cohen, Mark A ^a  

^a FORDHAM UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

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EID: 84862625035     PISSN: 0015704X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (14)

1. Geographic and quantitative limitations were to be eliminated within one year after China's accession to the WTO. Business scope was limited to providing consultancy on foreign legislation and on international conventions and practices; to handle legal affairs of the country/region where the lawyers of the law firm are permitted to engage in lawyer's professional work; to hire local counsel and enter into long-term relations with Chinese law firms; and "to provide information on the impact of the Chinese legal environment." Ministerial Conference, Doha, UAE, November 9-13, 2001, Report of the Working Party on the Accession of China, at 6, WT/MIN (01)/3/Add.2, Addendum, Schedule CLII, Part II (Nov. 10, 2001).
2. See, e.g., Trade Policy Review Body, Record of the Meeting, U 478, WT/TPR/M/230 (June 29, 2010) ("Members encouraged China to further liberalize its services, especially banking, insurance, electronic payment systems, telecommunications, express delivery, and legal services.");
3. General Council, Minutes of the Meeting, ¶ 8, WT/GC/M/124 (Apr. 14, 2010) ("In the area of services, Chinese regulatory authorities continued to frustrate efforts of US providers of banking, insurance, express delivery, telecommunications and legal services to achieve their full market potential in China, through the use of obstacles such as an opaque regulatory process, overly burdensome licensing and operating requirements, and other means.").
4. See AMERICAN CHAMBER OF COMMERCE: PEOPLE'S REPUBLIC OF CHINA, AMERICAN BUSINESS IN CHINA: 2011 WHITE PAPER, 296-300 (2011).
5. See Trade Policy Review Body, Minutes of Meeting: Addendum, at 280, WT/TPR/M/199/Add.l (Aug. 28, 2008) ("Like many other WTO Members, China does not allow foreign law firms to practice domestic law. Therefore, foreign law firms cannot employ Chinese registered lawyers. Nevertheless, this restriction does not affect[] business of the foreign law firms in China within the scope as defined in China's accession commitment, because China allows foreign law firms to establish long-term entrustment relations with Chinese law firms to provide related legal services. China has not made commitments on non-Chinese nationals practicing Chinese law in its accession negotiations. China implements a uniform State Judicial Examination system. The participants of the examination not only include lawyers, but also first-time judges and procurators. Therefore, according to the Lawyer's Law and related regulations, only Chinese nationals are eligible to take the State Judicial Examination. ").
6. AMERICAN CHAMBER OF COMMERCE, supra note 5, at 298.
7. Report of the Working Party on the Accession of China, supra note 1, at 6.
8. AMERICAN CHAMBER OF COMMERCE, supra note 5, at 298.
9. Agreement on Trade Related Aspects of Intellectual Property Rights art. 3.2, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, 1869 U. N. T. S. 299 (1994).
10. Council for Trade-Related Aspects of Intellectual Property Rights, Review of Legislation: Questions by the United States, at 3, IP/C/W/365 (Aug. 29, 2002) (emphasis added).
11. Mark Cohen, Multijurisdictional Practice, WASH. LAW., May 2002, at 5.
12. H. STEPHEN HARRIS ET AL., ANTI-MONOPOLY LAW AND PRACTICE IN CHINA 296 (2011).
13. Gui Hongxia & Li Xiang, Attorney-Client Privilege: Is This Privilege Extended to Foreign Lawyers in China?, KING & WOOD (Mar. 2009) http://www.kingandwood. com/article.aspx?id=attorney-client-privilege-03-china- bulletin-2009&language=en (second emphasis added).
14. See D. C. RULES OF PROFESSIONAL CONDUCT R. 1.6 (a) (2007) ("[A] lawyer shall not knowingly: (1) reveal a confidence or secret of the lawyer's client.");