The Professional 'Tug of War': The Regulation of Foreign Lawyers in China, Business Scope Issues and Some Suggestions for Reform

32 Pages Posted: 28 Sep 2009

Date Written: September 21, 2009

Abstract

This article looks at the regulatory framework governing foreign law firms in China and the unique challenges that this poses for foreign lawyers, Chinese lawyers and the Chinese regulators. The challenges are unique because of the significant gap between, on the one hand, the strict letter of the law in terms of what foreign law firms are permitted to do and, on the other hand, the liberal interpretation and enforcement of the law in practice by the relevant regulatory authority - the Ministry of Justice. The article concludes by considering various models for reform to the regulatory framework and providing suggestions as to the appropriate choices.

Keywords: regulatory framework, China, foreign law firms

JEL Classification: K00, K23, K40, K49

Suggested Citation

Godwin, Andrew, The Professional 'Tug of War': The Regulation of Foreign Lawyers in China, Business Scope Issues and Some Suggestions for Reform (September 21, 2009). Melbourne Univeristy Law Review, Vol. 33, No. 1, 2009, U of Melbourne Legal Studies Research Paper No. 423, Available at SSRN: https://ssrn.com/abstract=1476150

Andrew Godwin (Contact Author)

Melbourne Law School ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

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