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Opening a Foreign Law Firm in China

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Opening a Foreign Law Firm in China

The Chinese government officially opened China’s doors to foreign law firms in 1992, even though there was already some foreign presence since the 1980s. This “opening” of the market was very limited and foreign law firms were still not quite sure what they could or could not do, or even what their rights were. Given the very restrictive nature of the relationship between China and its national lawyers, foreign law firms were quite cautious in their approach towards practicing law in China.

A very much anticipated change was expected when China acceded in 2001 to the WTO. As a consequence, China had to, amongst other compromises, open its legal market, making it friendlier for foreign lawyers and law firms. China made several promises of radical change to the US and EU communities, but unluckily these promises fell short. In this sense, even though some improvements were made, the laws promulgated were quite disappointing for the international community, as many subjects were not clearly stipulated (very broad ideas that are not defined) and in other cases, important topics were ignored.

The laws we are discussing are the: (i) Regulations on Administration of Foreign Law Firms’ Representative Offices in China, promulgated on December 22nd, 2001 and with effective date of implementation of January 1st, 2002 (the “Regulations”); and, (ii) Stipulations of the Ministry of Justice Concerning the Enforcement of the “Regulations on Administration of Foreign Law Firms’ Representative Offices in China” promulgated on June 25th, 2002 and with effective date of implementation of September 1st, 2002 (the “Implementing Rules”).
These laws provide the regulatory framework, as well as the obligations and limitations foreign law firms face when entering the Chinese Law market (we will further analyze these norms in the following

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