As the Chinese legal market expands, Western law firms have a narrow window of opportunity
Eversheds' Asia managing partner on the opportunities thrown up by the globalising Chinese legal sphere
November 23, 2011 at 07:03 PM
5 minute read
Eversheds' Asia managing partner on the opportunities thrown up by the globalising Chinese legal sphere
According to the Chinese zodiac, 2011 is the year of the golden rabbit, a year in which to catch the breath and calm the nerves. But not for Chinese law firms. The year has seen remarkable activity in the Chinese legal market, most recently a London office opening, a rumoured Sino-Australian hook-up and multiple lateral hires. And there is reportedly much more to come. This has caused Anglo-Saxon law firms to sit up and take notice.
At a time when UK and US firms are competing for places in an elite global law firm club of the future, a handful of Chinese firms are expanding globally. The two largest firms (by headcount) in China, Dacheng and Yingke, have recently announced plans to open offices in London. This follows the earlier news of King & Wood's planned association with Australian firm Mallesons Stephen Jaques.
Sitting in Hong Kong, on the edge of most populous country in the world, gives one a very different perspective on the global economy and global law firm hierarchy. The UK and US feel very far away, particularly in the current climate in which Asian economies are showing positive growth while the rest of the world has yet to recover from the financial crisis. And as the Anglo-Saxon law firms are already shifting their own axes towards Asia, it is hard to see the old balance of power enduring for much longer.
Many in the legal press and behind the scenes have responded with alarm. And it is true that there will be no stopping this forward trajectory. But now is not the time to panic. We should view the internationalisation of the Chinese legal market as an opportunity and not a threat.
Why is this recent expansion so threatening? What concerns the market most is the perception of an uneven playing field. In China, as in India, protectionism within its own borders ensures that international law firms are unable to practise. In Europe and America, however, there are no restrictions to incoming law firms and so the Chinese law firms have free reign.
And Chinese firms are starting to adopt Western-style partnership structures facilitating overseas expansion. The traditional 'eat what you kill' remuneration structure did not create favourable conditions for start-ups in new jurisdictions. But times are changing; King & Wood has been operating along Western-style partnership lines for some time, which made possible its expansion into Hong Kong and now possibly Australia.
Meanwhile, internal, intra-Asian trade and demand is key, and will continue to be for the next few years while the world economy recovers. And it is the huge populations of Asia, with rapidly developing middle classes and increasing affluence, that are driving growth in the global economy and fuelling huge and rapid responsive growth in their own legal sectors.
But a bit of circumspection is called for here. The legal sector is not a barometer for the rest of the economy, it is a reflection of it. The Chinese are already making their presence felt in many other spheres. The country has money to invest and is investing heavily in emerging markets – notably Africa, Asia and South America. The call by the European Union for Chinese assistance with its own financial crisis is indicative of the new world order and, like it or not, the legal sector will follow. So global law firms should be focusing on the positive: the dominance of English and US law systems has allowed Anglo-Saxon firms to flourish and to lead the pack for well over a decade. The UK and US professional service sectors are now well-matured, with years of experience behind them. They have been building global platforms and are free to do so in almost every jurisdiction.
And why should expansion spell one-way traffic? The increasing presence of Chinese firms in Europe should presage increasing opportunities for firms to benefit by providing English law advice. International firms are currently mining the rich seam of outbound work from Chinese companies looking to acquire, invest or raise funds in Europe, the US, Africa and South America. At the moment the People's Republic of China (PRC) firms do not have the reach to service that work and there is still a significant gap between the capabilities of the international firms and the vast majority of PRC firms. This creates a window of opportunity for international firms to build expertise, experience and relationships in China. But the gap is narrowing.
The best defence for international firms is a focused international growth strategy driven by quality and, of course, building strong relationships with local PRC firms. Law firms that have been working to create these synergies are benefiting from the lucrative referral work available and forging new relationships by proxy with Chinese companies and institutions.
So perhaps, after all, now is the time for international firms to calm their nerves and draw breath.
Nick Seddon (pictured) is Eversheds' Asia managing partner.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllIs KPMG’s Arizona ABS Strategy a Turning Point in U.S. Law? What London’s Experience Reveals
5 minute readKPMG Moves to Provide Legal Services in the US—Now All Eyes Are on Its Big Four Peers
International Arbitration: Key Developments of 2024 and Emerging Trends for 2025
4 minute readTrending Stories
- 1'A Death Sentence for TikTok'?: Litigators and Experts Weigh Impact of Potential Ban on Creators and Data Privacy
- 2Bribery Case Against Former Lt. Gov. Brian Benjamin Is Dropped
- 3‘Extremely Disturbing’: AI Firms Face Class Action by ‘Taskers’ Exposed to Traumatic Content
- 4State Appeals Court Revives BraunHagey Lawsuit Alleging $4.2M Unlawful Wire to China
- 5Invoking Trump, AG Bonta Reminds Lawyers of Duties to Noncitizens in Plea Dealing
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250