At certain times during your stint as an expat in China, you might find yourself in a position where you need legal advice. Maybe you’re setting up a business, disputing a contract, or even filing for divorce. Whatever the issue, these can be stressful times, and using a lawyer will help things run smoothly.

Since China’s legal system is different from those in other countries, your lawyer from back home probably won’t be able to assist you. Having a legal practitioner working on your case who is an expert in Chinese law, and a native Chinese speaker, is an invaluable tool.

Here are some of the occasions when you may need a lawyer in China:

1. Setting up a representative office
It isn’t legal in China for a foreigner to open a business alone, but setting up a representative office of a foreign company is permitted. As long as you’re not the sole branch of a profit-oriented business, you can operate. A representative office can run for three years, after which you will have to renew the lease. A lawyer can help you at both the setting up stage and the renewal. As well as a legal adviser, you’ll also need a local agent, which the lawyer can help you find (specialist firms even have business agents working on their teams).

2. Suing
Say you discover that your logo has been copied by a rival firm. If it’s a copyrighted logo, you have grounds for legal action. A lawyer will contact the copycat company and ask them to change their logo to something that doesn’t resemble yours. If they refuse, the lawyer will then issue a lawsuit, and the company will be forced to stop using your logo. However, it is unlikely that you will receive any compensation, or even lawyer fees if you win; even in public limited companies in China, the shareholders aren’t obliged to foot the cost of a pay-off if the company can’t afford to.

3. Labour disputes
If you work for a Chinese company, you will be subject to the labour laws of the People’s Republic. This means 90 days paid maternity leave for women, three days paid leave to get married, between one and three days for bereavement after the death of a spouse, parent, or child, and up to three months paid sick leave depending on how long you’ve worked for the company. Employment contracts can be terminated with 30 days notice from either you or your employer. If you feel that your labour rights have been breached, hiring a lawyer is a good way of settling the score.

4. Collecting debt
If a contractor or client has failed to pay you for services or goods, a lawyer can act as an intermediary to claim back what you are owed. However, few lawyers will be eager to take on debt collecting cases, as they are notoriously thorny – the investigation, negotiation and litigation are all long-winded processes, and there are few guarantees of a case ever coming to court, let alone being won.

5. Getting a divorce
Unfortunately, the path of true love doesn’t always run smoothly. If you find yourself stuck in an unhappy marriage, a lawyer will be able to help you terminate it. If you’re married to someone from your home country and you wed there, you’ll need to file for divorce there. However, if you married a Chinese person in China, and the divorce is amicable, there’s no need to use a lawyer – you and your soon-to-be-ex can go straight to the Civil Affairs Bureau with your passports and ID, marriage certificate, and divorce agreement. However, if there is a custody dispute, or your partner doesn’t want to get divorced, you’ll need a lawyer to file a lawsuit on your behalf.

6. Making a will
The majority of expats will already have made a will before moving to China, but what happens in the worst case scenario? Will your last testament be honoured under Chinese law if you pass away? The will that you made in your home country comes under the jurisdiction of International Law, so will be legal and binding in China. However, this doesn’t cover immovable assets, i.e. your apartment or house. If you own property in China, you’ll need to make up a will to cover it, and have it notarized in the Notary Public Office. This is where a lawyer comes in. Hiring a native legal practitioner is a good way of making sure the will making process goes smoothly.

Finding legal counsel
So those are the instances when you’ll need a lawyer, but how do you go about finding one? Word of mouth is an important factor. Speak to friends and colleagues about any legal advice they have sought, and ask for recommendations. If that doesn’t yield any results, the site HG.org contains listings of legal offices worldwide. Just filter results by city and you’ll get a list of law firms and lawyers with descriptions of their areas of expertise. Costs vary depending on the nature of your case (and the expertise and reputation of the lawyer) but it’s always best to decide on a fee upfront wherever possible.

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Related Links

Unhappy Endings: How to Get a Divorce in China
Hiring and Firing in China: Not What You Expected
3 Things to Expect When Starting Your Own Company in China

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