Devil can lie in more than just the detail

Cultural differences can be a minefield for legal profession

Even as Chinese law firms provide more and more services overseas, British law firms are extending their businesses in China.

"We often list Chinese companies on the primary and secondary stock markets in London. We also assist Chinese individuals who wish to come to the UK to live, including handling visa requirements," says James Quarmby, partner of the law firm Stephenson Harwood.

The law firm has a long list of Chinese clients. It set up its first international office in Hong Kong in 1979, later opening offices in Beijing and Shanghai to help companies in China and individuals with their corporate, commercial and personal needs.

"We are totally committed to our Chinese practice and we expect it to grow. China is a huge market and, within a few years, it will be the world's largest economy. Put simply, as an international law firm, it would be foolish not to be there." Quarmby says.

To better extend the business in China, the firm has largely employed Chinese native speakers in those offices, many of whom are qualified in both Chinese mainland and English or Hong Kong laws. "This is a great advantage when it comes not only to legal skills but also on the softer, but equally crucial issues like culture and language."

Ruan Chuansheng, a Chinese lawyer with the Shanghai lawfirm Heng Tai, says: "Some foreigners think their actions won't be illegal in China, while some even think China has no laws." He adds that the rule of law should be publicized to foreigners and foreign lawyers with little knowledge about the Chinese legal environment.

In one case Ruan is handling, a Romanian is on trial for allegedly bringing dozens of fake credit cards from the United Kingdom and using them in China to illegally obtain thousands of yuan from Chinese bank machines.

"It's a kind of credit card fraud, but the accused did not think so. The man thought such an action didn't exist in our country and that our law enforcement officers would not punish him."

Peter Liu, a lawyer based in London for more than 10 years, suggests that Chinese and British lawyers should learn about each other's legal environment and culture.

"Chinese and Westerners have different understanding of some charges at times. One of my Chinese clients living in the UK was almost punished or jailed for his lack of awareness about British tax rules."

Although language is a problem when lawyers begin dealing with foreign cases, "the key to solve such disputes, I think, is to learn about a country's legal culture or spirit", he adds.

Contact the writers through caoyin@chinadaily.com.cn

(China Daily European Weekly 06/05/2015 page16)