Chinese Lawyers in the United States and Europe
Many people arrested and detained cannot hire their attorneys; instead, they must accept an official government-appointed one. Choose the best Chinese lawyers in Boston.
Outstanding Lawyers quickly highlight problems within China’s legal system, from censorship and rising income inequality to the harsh treatment of migrant workers. However, instead of profiteering off these issues for profit, they prefer influencing policy through shaping legislation rather than making money themselves.
Education and Training
The University of Michigan’s Asia Library boasts one of the largest collections of Chinese legal materials in North America and Europe and many resources for studying Chinese laws, including research guides.
The Tsinghua University of Beijing is an elite law school that has produced many esteemed judges, lawyers, and scholars. Their China Law Program offers an LL.M. that blends theory with practice within an academic environment – right on China’s highest court campus!
CUHK Law in Hong Kong ranks 39th globally and offers four LL.M. programs from its state-of-the-art campus at the heart of business and finance in Hong Kong. Its curriculum blends Chinese with Western practices to encourage students to examine the values and purposes that underlie legal systems. As with the United States, China requires its lawyers to pass a bar exam before practicing; foreign attorneys graduating from American law schools cannot practice without passing the Chinese national bar exam; however, an American working at an office based in China could still perform services that do not involve Chinese law.
As China becomes an increasingly global economy, more Chinese lawyers are joining international law firms. Some have bound foreign law offices such as Baker McKenzie and Allen & Overy, while others have set up joint operations between international firms (like Baker McKenzie) and local Chinese firms ( such as Linklaters-Zhao Sheng or Herbert Smith Freehills LLP-Kewei Law Firm).
When performing attorney services without being licensed in China, attorneys typically act like traditional lawyers without access to clients or work products.
China does not recognize attorney-client privilege, a worldwide core tenet of legal practice. This means that client information and protected materials could be shared with anyone – including the government. This has proven problematic when handling sensitive cases involving political dissidents, prisoners of conscience, or diplomatic issues like environmental pollution; some Chinese lawyers have even been jailed or criticized for engaging in advocacy activities that go against official norms – often directly opposing state interests.
An essential aspect of being a Chinese lawyer is having the license to practice. Stringent laws in China regulate this aspect, such as how many clients they can represent at any time.
Some of the best opportunities for licensed attorneys in China lie with multinational firms in China. These businesses need attorneys adept in patent application, trademark registration, and copyright issues to assist them in managing their operations in various cities throughout China.
Rights lawyers have been among those most restricted under Xi, who has clarified that his Communist Party puts the rule of law first. Yang once worked within the justice system before becoming an advocate after successfully advocating for Zhou Moying’s release after serving her prison for drowning her children.
She and two colleagues who represented victims of Beijing’s 709 crackdowns have since taken their license to practice away for various reasons, often because they represented those involved in politically sensitive cases.
As bar associations take disciplinary complaints seriously and disbarment is a real possibility, many lawyers are wary about engaging in politically contentious activities for fear of disbarment or losing clients.
Political participation used to take the form of short-term mobilization and revolutionary struggle against state power; nowadays, it occurs more commonly as an incremental everyday process of managing conflicting interests – something the Outstanding Lawyers Program promotes and promotes.
The system governing lawyers consists of various legal documents, such as the Lawyers Law and its Regulations, that establish their nature, mission, organization, operational principles, and how they deliver legal services to clients.
Lawyers must adhere to these normative documents to uphold and advance the law and preserve its reputation, although how exactly they comply may depend on local circumstances. For instance, an attorney in a rural area who posts information regarding government propaganda might be subject to disciplinary actions from their local official lawyers’ association.