International Law

When To Bring In Your China Lawyer. There Should Be Lag Time.

By Dan

Clients are always asking when I should be brought into a matter and my response is nearly always "the sooner the better." Many times when clients are talking about doing a deal in China I tell them to keep me posted on their initial negotiations, but that we will not "turn on the clock" until it has become pretty clear that a deal will be happening. I am always saying that blind carbon copying me on an email will let me steer the client to where it should be going and will allow us to move faster once it comes time for contract drafting.

But, I also tell our clients not to mention my involvement to their Chinese counter-party. My thinking on this is simple. Nobody likes lawyers and Chinese businesses are no exception. It's a cliche for good reason that Chinese companies want to establish a relationship with those with whom they do business. Bringing in your lawyer too early screams of your not trusting your Chinese counterpart and of your not caring at all about the business to business relationship. The solution that melds both the need for you to keep your China lawyer apprised of what you are doing while also not tipping off your Chinese counter-party that you do not think the "relationship" alone will be enough is for you to hire your China lawyer early, but keep him or her under wraps until such time as their exposure to your Chinese counter-party becomes absolutely necessary. 

Agreed?

Full post as published by China Law Blog on March 21, 2011 (boomark / email).