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Legal Work in China: How Foreign and Chinese Lawyers Can Practice, and How the Market Has Changed

By the Top Law Schools Editorial Team · Updated October 10, 2026

 

China's legal market has changed sharply since this guide first appeared in 2011. International firms are closing mainland offices, Shanghai has opened new paths for foreign lawyers, and China replaced its bar exam in 2018. This guide explains the rules and career paths for American lawyers and for Chinese nationals.

 

The short version. Foreign lawyers still cannot practice Chinese law or appear in Chinese courts, and only Chinese nationals can sit China's legal qualification exam. But since 2025, Shanghai has allowed Chinese law firms to hire foreign lawyers directly as foreign legal advisers, and joint operations between Chinese and foreign firms continue to grow, even as many U.S. and U.K. firms shrink or close their mainland offices.

 
In This Guide
  1. Part I: For American and Other Foreign Lawyers
  2. Part II: For Chinese Nationals Considering a Legal Career
  3. Frequently Asked Questions
  4. Sources

 

Part I: For American and Other Foreign Lawyers

 

What Foreign Lawyers Can and Cannot Do

 

Foreign law firms operate in mainland China through representative offices, mainly in Beijing, Shanghai, and Shenzhen. They can advise on their home-country law and international law, provide information about China's legal environment, and work with Chinese law firms on China-related matters. They cannot advise on Chinese law or represent clients in Chinese courts (InterLegal; International Trade Legal).

In practice, the most valuable thing an American lawyer brings to a China-based office is expertise in U.S. law: U.S. securities offerings, cross-border M&A governed by U.S. or English law, U.S. litigation and investigations, sanctions and export controls, and arbitration.

 

The Two-Year Practice Requirement

 

To be posted as a representative in a foreign firm's China office, a lawyer must be a practicing lawyer and bar member in their home jurisdiction with at least two years of practice outside China. A chief representative needs at least three years of practice outside China and must be a partner or hold a comparable position (Beijing municipal government).

For a new law graduate, this means the usual path is to start at a U.S. office, build two or more years of experience, and then transfer. Junior associates sometimes work in China offices in non-representative roles, but registration rules and firm policy determine what they can sign and do.

 

Ways Foreign Lawyers Work on China Matters

 

Route How it works Who it suits
Foreign firm representative office Registered representative of a U.S. or U.K. firm in Beijing, Shanghai, or Shenzhen Lawyers with 2+ years of home-country practice
Joint operation (JO) in the Shanghai Free Trade Zone A foreign firm and a Chinese firm combine under an approved JO to offer coordinated PRC and international advice Lawyers at firms with JOs, such as Baker McKenzie FenXun or Clifford Chance with He Ping
Foreign legal adviser at a Chinese firm (Shanghai pilot) Directly employed by a Shanghai law firm to advise on foreign and international law Experienced foreign lawyers who want to work inside a Chinese firm
Hong Kong Practice in Hong Kong's common-law system, often covering mainland clients Lawyers who want China-facing work with fewer restrictions
Singapore or the U.S. Advise Chinese clients from outside China Lawyers at firms that have moved China work offshore
In-house Legal roles at multinationals in China or Chinese companies expanding abroad Lawyers with deal or compliance experience and Mandarin

 

Shanghai's Foreign Legal Adviser Pilot

 

The biggest regulatory change in years took effect on September 30, 2025. Under rules issued by Shanghai's Municipal Justice Bureau, qualified Shanghai law firms can directly employ foreign lawyers as foreign legal advisers for the first time (Lexchina). Key terms:

Requirement Rule
Eligible Chinese firms Partnership firms established at least three years, with at least 20 full-time practicing lawyers and no administrative penalties or bar discipline in the past three years
Eligible foreign lawyers Non-Chinese nationals with at least two years of practice outside China, currently practicing, with no criminal or disciplinary record
Hiring cap No more than 10 percent of the firm's Chinese lawyers, and no more than 20 foreign advisers per firm
Contract term Generally at least two years
Scope Advice on the law of the adviser's home jurisdiction and international law, and collaboration with Chinese lawyers on cross-border matters; no Chinese-law practice and no litigation

 

Source: Shanghai Municipal Justice Bureau measures (Chinese); Lexchina.

Shanghai issued its first foreign legal consultant certificate under the pilot in December 2025, to a Singaporean lawyer (Shanghai government). The city's 2026 services-trade measures continue to encourage firms to hire foreign legal consultants and to form joint operations (Shanghai government).

 

Joint Operations

 

Since 2014, the Shanghai Free Trade Zone has allowed Chinese and foreign firms to cooperate through approved joint operations. By March 2025, 11 such joint operation offices had been established there (Pudong government). Examples include Baker McKenzie FenXun, Linklaters Zhao Sheng, Clifford Chance with Shanghai He Ping, and Norton Rose Fulbright with Shanghai Pacific Legal (Baker McKenzie; Linklaters; Clifford Chance).

Shanghai also adopted rules, effective July 1, 2025, for joint law firms between mainland and Hong Kong or Macao firms, which can handle most civil, commercial, and administrative matters (but not criminal cases), with mainland law handled by mainland lawyers (Shanghai government).

 

The Market Is Shrinking for International Firms

 

The opportunity picture is mixed. K&L Gates announced in 2026 that it would close its Beijing office, the ninth international firm to close a mainland China office that year (Law.com). Wilson Sonsini closed its Beijing office in early 2025 and is now opening in Singapore. Am Law 100 firms' mainland headcount has fallen by about 25 percent over two years, according to Pirical data cited by industry reports (Simplify).

Chinese firms are the main beneficiaries. Of 141 lateral partner moves tracked in mainland China in 2025, 133 went to Chinese firms, six to international firms, and one to a joint operation (SSQ).

 

What This Means for American Law Students

 

  • Build U.S. expertise first. Two or more years of U.S. practice in capital markets, M&A, investigations, or arbitration is still the most reliable route.
  • Learn Mandarin to a professional level. It's not legally required for U.S.-law work, but it's a major advantage for client relationships and for roles at Chinese firms.
  • Consider Hong Kong and Singapore. Many firms now cover China from these hubs.
  • Watch outbound work. Chinese companies expanding abroad need foreign-law advice, which is a growth area for both Chinese firms and the Shanghai pilot.
  • An LL.M. in China is rarely the best first step. U.S. practice experience is usually more valuable.


 

China's Legal Qualification Exam

 

In 2018, China replaced the National Judicial Examination with the National Unified Legal Professional Qualification Examination (国家统一法律职业资格考试). Passing it is required to become a lawyer, judge, prosecutor, notary, arbitrator in some contexts, or government legal reviewer.

 

Who Can Take the Exam

 

Under the Ministry of Justice's annual exam notices, applicants must (Ministry of Justice):

  1. Hold PRC nationality
  2. Support the PRC Constitution and hold voting rights
  3. Have good political, professional, and moral character
  4. Have full civil capacity
  5. Meet one of three education paths:
    • A full-time bachelor's degree in law
    • A full-time non-law bachelor's degree plus a Juris Master (法律硕士) or Master of Laws (法学硕士) or higher
    • A full-time non-law bachelor's degree plus three years of legal work

 

That's a major change from the old exam, which any bachelor's degree holder could take. Graduates who enrolled before the 2018 implementation rules took effect (April 28, 2018) may still qualify under a transitional rule (HKEAA).

People with intentional criminal convictions, those dismissed from public office, and those whose law or notary licenses were revoked are barred from taking the exam.

 

Hong Kong and Macao Residents

 

Permanent residents of Hong Kong and Macao who are Chinese citizens can take the exam under special arrangements, subject to their own eligibility rules (HKEAA). Foreign nationals cannot.

 

After the Exam: Three Main Careers

 

Career Additional requirement
Lawyer (律师) A one-year internship at a law firm, then a practice license from the provincial justice department
Judge (法官) Civil service exam and court selection
Prosecutor (检察官) Civil service exam and procuratorate selection

 

Education Paths

 

  • Undergraduate law (法学): a four-year bachelor's degree. Admission depends on gaokao scores, provincial quotas, and each university's ranking of applicants.
  • Juris Master (法律硕士, JM): a professional master's for students with non-law undergraduate degrees, typically three years.
  • Master of Laws (法学硕士): an academic master's, often a step toward a doctorate or academic career.

 

Admission to graduate law programs requires China's national postgraduate entrance exam, which includes politics and a foreign language.

 

Going Global: Options for Chinese Law Students

 

  • U.S. LL.M.: A one-year LL.M. can qualify foreign-trained lawyers to sit for the New York or California bar, a common route for Chinese lawyers targeting cross-border work.
  • U.S. J.D.: Three years and full U.S. bar eligibility; expensive but offers the widest U.S. career options.
  • Hong Kong: The PCLL (Postgraduate Certificate in Laws) leads toward qualification in Hong Kong.
  • Shanghai talent policies: Shanghai has said it will support local firms that recruit graduates of globally renowned law schools and explore letting licensed attorneys become partners without the usual three-year practice restriction (Shanghai government).


Frequently Asked Questions

 

Can an American Lawyer Practice Law in China?

 

An American lawyer can advise on U.S. and international law through a foreign firm's representative office or, under Shanghai's pilot, as a foreign legal adviser at a Shanghai firm. Foreign lawyers cannot practice Chinese law or appear in Chinese courts.

 

Can Foreigners Take China's Bar Exam?

 

No. The National Unified Legal Professional Qualification Examination requires PRC nationality. Chinese-citizen residents of Hong Kong and Macao can take it under special arrangements.

 

How Much Experience Do I Need to Work in a Foreign Law Firm's China Office?

 

Registered representatives must have at least two years of practice outside China. Chief representatives need at least three years and must be partners or the equivalent.

 

What Is Shanghai's Foreign Legal Adviser Pilot?

 

Effective September 30, 2025, it lets eligible Shanghai law firms employ foreign lawyers directly to advise on foreign and international law, capped at 10 percent of the firm's Chinese lawyers or 20 people, whichever is lower.

 

Are International Law Firms Leaving China?

 

Many are shrinking. K&L Gates became the ninth international firm to close a mainland office in 2026, and Am Law 100 mainland headcount fell by about a quarter over two years. Joint operations and Chinese firms are growing.

 

Do I Need to Speak Mandarin to Work in China as a Lawyer?

 

Not for U.S.-law work at an international firm, but professional Mandarin is a major advantage and is essential for most roles at Chinese firms or in-house.

 

Sources

 

 

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