Chinese Law and Practice 101: Things You Need to Know Before You Engage an Attorney in China
2023-08-21 12:49:31
Qin Li, Zhen Li

Contrary to the United States where each state maintains its individual attorney licensing system, in China, an attorney, upon obtaining their professional license, is theoretically permitted to provide legal services to clients nationwide. This implies that an attorney licensed in Shanghai has the authority to offer legal counsel and services in cities such as Guangzhou, Beijing, and other cities in China. However, historical nuances dictate that China does have some provincial licenses, predominantly in the less-developed western provinces. To practice in these provinces, while the examination content remains uniform nationally, there's a lowered passing score threshold. The trade-off is that attorneys holding these specific licenses are restricted from joining the bar association and law firms in the developed areas.


China has a centralized attorney verification website, http://www.12348.gov.cn/#/publicies/lawyerlist/lawyerlist . Although someone claiming to be an attorney might confidently answer your inquiries, there could be several reasons they might not possess an active license. For instance, they might have previously served as a judge and transitioning to an attorney role could necessitate a waiting period of a year or more to secure the license. Newly qualified legal professionals often endure a similar waiting period. Some individuals might have had their licenses revoked or, in certain cases, falsely claim to be licensed attorneys. Therefore, verifying their credentials via the mentioned website is always a prudent step.

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It's crucial to note that, in China, attorneys cannot practice under individual capacity. Legally, when retaining the services of a Chinese attorney, you are technically hiring the law firm they represent. Furthermore, individual attorneys are not authorized to collect legal fees directly; all payments should be directed to the law firm's account. In contrast to the U.S., China does not maintain an IOLTA (Interest on Lawyers Trust Accounts) system.


If you believe that your attorney has not fulfilled their professional responsibilities, shown negligence, or any malpractice, you can lodge a complaint with their respective Bar Association. For instance, with the Beijing Bar Association, the complaint process is:


Email:tousu@beijinglawyers.org.cn

Tel:010-64515931


Additionally, in China, one can also approach the Bureau of Justice to report any improprieties by attorneys. Taking Beijing as an example again, if the attorney is registered under the Beijing Bar Association, complaints can be addressed to the Beijing Bureau of Justice:


Website: https://www.moj.gov.cn/hdjl/hdjltsjb/


At Concord & Sage PC, most of our attorneys have received their education from China's premier law schools and simultaneously hold licenses to practice both in China and the U.S. We have established collaborations with numerous reputable law firms across major Chinese cities. Should you require any legal assistance pertaining to Chinese law, please feel free to reach out at contact@concordsage.com.


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