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3 Goal IX 1 (1994-1995)

handle is hein.journals/goal3 and id is 1 raw text is: TO PROMOTE FULL AND EQUAL PARTICIPATION IN THE LEGAL PROFESSION BY MINORITIES              Volume 3, Number 1, Fall 1994

Minority Lawyer uppnrl
in Asian Legal Practice

As economic activity continues
to boom throughout Asia, espe-
cially in China, an increasing
number of U.S. lawyers and law
firms are becoming involved.
Foreign companies engaging in
trade with China, Japan, Vietnam,
Hong Kong, and other emerging
Asian markets require legal assis-
tance in business partnerships and
joint ventures, deal documenta-
tion and negotiation, and govern-
ment regulatory compliance. New
and established Asian companies
and ventures require legal consul-
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tation and representation in the
United States and, increasingly, in
other Asian nations. As a result, a
record number of U.S.-based firms
are opening offices and applying
for licenses to practice in various
Asian countries. Lawyers in these
firms are stretching their activities
beyond the traditional role as
mere advisors to U.S. corpora-
tions, and now take on more
direct legal activity in the coun-
tries where they work. Not sur-
prisingly, the rapid increase of
U.S. lawyers in Asia and their
expanded range of
legal activities offer
excellent profes-
2       sional opportuni-
s     3       ties, especially for
Asian-American
.5      attorneys. Indeed,
the Asian practice
area may afford
I1    8       oile of the best
9       avenues for Asian-
10       American partici-
11       pation at senior
partnership and

iies

managing partnership levels.
The breaJ and butter of any
law firm's Asian piactice is pro-
viding on-site legal expertise and
advice for foreign corporations
participating in Asian trade and
investment. As importantly, many
firms strive to provide full legal
services for Asian clients operat-
ing in the United States.
Traditionally, U.S. attorneys
practicing in Asia were limited to
advisory or hand-holding roles for
U.S. companies venturing into
emerging Asian countries because
of the vast differences between
Asian and U.S. legal systems and
the cultural makeup of the U.S.
bar. This advisory capacity
remains a central and crucial role
for the U.S. attorney practicing in
Asian countries, but that role has
expanded aF more experienced
and culturally familiar attorneys
arrive in the practice area, and as
more and more foreign corpora-
tions become involved in Pacific
Rim trade. Successful law firms in
the Asian practice area must now
provide clients with translation
services, details of the latest laws
and practices, background infor-
mation on potential joint venture
and investment partners, deal
negotiation and documentation,
and expert guidance through each
country's unique thicket of gov-
ernment regulations and approval
requirements. To provide these
kinds of complex services to
clients, a law firm must employ
lawyers who can rapidly assimi-

late the legal and cultural differ-
ences of Asian countries and it
must develop methods for gener-
ating and maintaining solid per-
sonal relationships with domestic
law firms, and other domestic
professionals and officials.
It is easy to see why a U.S.
attorney possessing a cultural and
linguistic affinity with a particular
Asian nation can develop such a
positive career path in the Asian
practice arena. An American
attorney of Vietnamese descent
could be a crucial point-woman in
a firm's attempt to establish a new
Hanoi office. She can make sure
that nothing is lost in the transla-
tion of business negotiations or

government stipulations. She can
also build special relationships
with Vietnamese clients and gov-
ernment officials. A Japanese-
American practicing for a U.S.
firm in Tokyo could explain to a
U.S. chief executive some of the
historical cultural background
that leads to an initial desire of a
Japanese corporation to employ
nonlegal dispute resolution tech-
niques for solving business proh-
lems. In the end, a sharp attorney
(Continiled on page 8)

AMERICAN BAR ASSOCIATION
COMMISSION ON OPPORTUNITIES FOR MINORITIES IN THE I'ROFESSION

IX'Ira   [llm

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