China Esquire

I have been doing some posts about networking and being able to practice law (unofficially) in China. Well, the Star had an interesting article entitled, “Practising law a risky endeavour in China”. Sure, it involves lawyers who end up taking controversial cases, but I thought it was worth highlighting because the rule of law is not yet established in China, and that is something to consider before you work out there. For example, if you want to be a public interest lawyer, you should be forewarned that there might be some headache and heartache involved.

Here’s the article:

One fine fall afternoon last year, Li Heping was making his way towards a newspaper kiosk not far from his office when a man approached, grabbed him by the arm and said sternly, “Come with me.”

In a matter of seconds, Li had a cloth sack pulled over his head, he was wrestled into a car and driven to the outskirts of town where he was brought down into a basement and beaten.

Li is a lawyer – a partner in the respected Beijing Globe Law Firm.

“They were slapping me about the head, pulling me by the hair and striking me with electrical batons.

“They were yelling, `Sell your house, sell your car and get the hell out of Beijing!’”

Towards midnight, he was bundled back into the car and dumped in a forested area, from which he eventually made his way home.

I would’ve expected that business lawyers would be exempt from this sort of bullying. Well, what did Li actually do?

He’s among a select group of lawyers in China who dare to take on politically sensitive cases.

Li is one of 49 human rights lawyers interviewed for a report released today by Human Rights Watch entitled, “Walking on Thin Ice: Control, Intimidation and Harassment of Lawyers in China.”

Part of me is cynical and thinks that this is part of the territory. But part of me also recognizes that the rule of law, building such a thing into a country that does not really have it firmly established, will involve these sort of personal costs.

Senior government officials routinely proclaim China to be a country of “the rule of law.” Even President Hu Jintao, at the 17th Communist Party Congress last year, stressed “the rule of law constitutes the essential requirement of socialist democracy.”

But many observers see China as a country of “the rule by law” – the law being an instrument that remains largely in the hands of the government.

As a consequence, it remains risky for lawyers to take on certain cases.

“Abuses of lawyers compound human rights violations,” says Sophie Richardson, Human Rights Watch’s Asia advocacy director. “Without due process and genuine defence rights, law remains little more than an instrument of state repression.”

I’ve heard of substance abuse, but lawyer abuse? Interesting.

Two things. First, this should not discourage you from wanting to be a lawyer in China. It shouldn’t really. The rule of law is still marching forward, albeit slowly. But it should make you think about what your motivations are. If you want to be a lawyer in China to change the government and the system, you might actually accomplish that. But there is a high price to pay and you better know that. You also better know that it might not happen in your life time. I am not anti-public interest. But I am opposed to public interest types thinking that they can be aggressive in America, and then just waltz into China and be aggressive there too. Don’t be naive.

In general, I don’t think this applies to most of us who want to practice business law in China. The actions and motivations of someone like that is probably going to be a little different than a crusader.

Second, if you do end up out there as a lawyer, even as a business lawyer, it does not mean you are suddenly immune. You choose your cases. Well, you also choose your causes. And if you insist on choosing causes that the government doesn’t like, just be ready if intimidation comes knocking on your door.

Bottom line: use your head.

Trackback URI | Comments RSS