So You Want To Be A China Lawyer?
An interesting article from China Law Blog:
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Sponsor Link: DaCare Legal Search (China)
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Nearly every week, I get a couple e-mails and/or calls from earnest law students seeking pearls of wisdom regarding how to break into international law or China law. I usually talk about the need to learn as many languages as possible and about the benefits of having lived overseas. A couple years ago, I gave a speech on international law careers at Indiana University School of Law and I am scheduled to be on a international law career panel at Seattle University Law School later this month. I am an expert on these issues only to the extent that I am in the business and I have very definite ideas as to what it takes.
I have no idea if my ideas on this would hold up to analysis, but I at least now know my views are part of the mainstream. Chris Carr over at the CalPolyMBA Blog just did a post, entitled “Critical Success Qualities for Expat Managers in China,” summarizing what CEOs look for in choosing their China managers. This list comes from the book China CEO: Voices of Experience from 20 International Business Leaders (of which I have heard many good things and I have just started it). Interestingly (but not surprisingly) the traits these CEOs seek in their ex-pat managers for China are pretty much the exact same traits I find necessary to be a good international lawyer. Here is the list, with my comments in italics.
1. Technical and Corporate Expertise: Select people with a rock-solid professional background and an excellent knowledge of the company.
Yes. In the legal arena, this means get smart people.
2. International Expertise: A posting in China becomes vastly more manageable after an assignment either in an Asian location or another developing market, or both.
Absolutely. The key here is that the person who has spent time in another country tends to be better equipped to deal with other countries, including those countries to which he or she has never been. I have seen this time and again with both lawyers and clients. We have many clients who when their business dried up in one country moved nearly effortlessly to another country. We also see domestic companies that simply cannot make the leap to go international at all, when they really should. What you learn in one country (but obviously not everything) does help you in another.
3. Multicultural Mindset: When selecting an executive for an overseas posting, look for someone with an adventurous spirit, a sense of humor, and an open mind.
I completely agree and this applies to lawyers as much as to anyone else. In an article I wrote a long long time ago on doing business in emerging market countries, I stressed (and stressed again …. so I was repetitive back then):
Doing business in an emerging market means taking nothing for granted. I have a mantra for my own legal work in these countries that translates well to the business world: “Assume nothing, but assume that you are assuming things without even realizing you are doing so.”
Things will be different. Very different. Things you take for granted in your home country might not exist in the emerging market country. Things you take for granted in your home country might be the exact opposite in the emerging market country. Things you think will be totally different in the emerging market country may be exactly the same. Things you thought you knew about emerging market countries based on what you know from another emerging market country may be completely different in a neighboring country, or even in another region within the same country.
The principle, one more time: Keep an open mind, and assume nothing.
4. Commitment to Learn: Learn from those around you. Listen to your employees, JV partners, clients, and customers.
Of course.
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Sponsor Link: DaCare Legal Search (China)
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5. Humility: Be humble and avoid using an authoritarian style. Influencing and coaching is the way to get the best out of your Chinese employees.
Yes. This is also the way to get the best out of the lawyers in other countries with whom you will be working.
6. Strength: Be unyielding in defending core corporate values and culture.
Yes. And in the legal context this means doing things by the law, even if you see others around you not doing so.
7. Patience: Be patient; use a step-by-step approach in China, not a Big Bang approach.
I will borrow again from my emerging markets article:
Exercise Extreme Patience. This principle stems from the maxim that everything takes twice as long as you think it will. If it takes twice as long in the West, triple that in emerging market countries. You’ll go in both as a businessperson and a teacher—and in both roles, the learning curve of your partner will almost certainly take way more time to deal with than you think.
For example, many emerging market countries have a history where “bad business” meant “thinking long-term.” A year or two after the fall of Soviet communism, I was involved in a matter where an investor put $250,000 into a Russian joint venture. The business very quickly was making good money and all indicators pointed towards steadily increasing profitability. But, quite quickly, the Russian company stole the $250,000. Was it so irrational for him to think so short term in a country where the government and tax systems had such a history of unpredictability?
8. Speed: Be flexible and quick. Stay well informed; the business environment in China is in a constant and rapid flux, probably much more so than in other markets.
This is true of international law as well, and if one is going to practice in this area, one has to enjoy and thrive on constant change and even constant uncertainty. I was talking the other day with my friend, Dan Hull, lawyer extraordinaire at Hull McGuire, and he was telling me how he has abandoned all pretext of what he calls “PCness” and he now just tells potential hires there that they had better be prepared to work tirelessly just to keep up. I can certainly vouch for Dan being right when it comes to practicing international law.
9. Guanxi-building: Build your guanxi not only internally (with subordinates, peers and superiors) but also externally with clients, suppliers and government officials). A strong guanxi network is a fundamental element of your success in China.
As a lawyer, both you and your practice will benefit by your doing more than just staying in your office poring over law books. Get to know your clients, your fellow lawyers, good people in the industries in which you are working, and treat them with respect. I see this as basic good business for anyone.
So you want to be an international (or China) lawyer? Conform to this list.