IT’S MAY, AND THE LITIGATION OPPORTUNITIES IN ASIA ARE GROWING

Alexis Lamb here, enjoying a balmy spring morning in Hong Kong. Late spring is a mighty fine time to be in Hong Kong and May is one splendid month to be sitting on a junk in the middle of the South China Sea with 30 of your closest friends and a seabreeze in hand. Fortunately for all you Asia-minded US litigators, the number of boats in the harbor isn’t the only thing that’s increasing as the temperatures rise. Litigation opportunities in Hong Kong for US-qualified attorneys have tripled since last fall! Want a piece of the action? Read below…

WHAT KIND OF LITIGATION CAN A U.S. LAWYER DO IN ASIA?

The most “popular” forms of litigation are commercial litigation, arbitration, internal investigations, and civil and criminal government investigations, particularly FCPA litigations. However, an attorney need not have experience in FCPA/white collar investigations to land out here. The hiring partners are adamant that any litigation experience fits the bill and they are more than happy to “retool” an associate to the specific kinds of litigation that their office focuses on.

WHAT SKILLS DO I NEED TO LAND IN ASIA?

Successful applicants will have the three following traits, in order of importance. (1) Business fluency in Mandarin, (2) litigation experience gleaned in a top “biglaw” or elite litigation boutique environment and (3) top grades from a top law school (JD preferred). As a rough benchmark on point 3, I’d say that if you graduated with honors/top 25% from a top 20 law school you’re competitive. Mandarin fluency is the most important criterion. Firms won’t even interview applicants who were top 1% in their top 10 law school classes and had spot-on-point litigation experience because they were English-only. No matter how awesome you are, your resume will not even be looked at if you do not speak business level Mandarin.

Why are firms so strict on the language requirement? Part of the job out in Asia is conducting witness interviews, depositions, and other fact-finding operations in an Asian language, often Mandarin. If you have this experience, you will be a very competitive candidate so put it on your resume! One hiring partner told me that Mandarin is used nearly every day on cases – not just in casual conversation. It’s not enough to be able to shoot the breeze for 5 minutes with clients before a meeting. Your Mandarin must be good enough to pick up nuance in a witness interview or deposition, or translate diligence documents.

There is some leniency for attorneys who are business fluent in Korean or Japanese, but those language skills are not nearly as in demand. There is unfortunately no demand at this time for attorneys who speak a Southeast Asian language, such as Thai or Vietnamese.

WILL I GET COURTROOM EXPERIENCE?

Yes. You will also acquire an obscene amount of frequent flyer miles in the process. Part of the job will be occasional travel (perhaps on a monthly basis) to and from the U.S. to go to court. Don’t worry; you won’t be stuck in the back of the bus with the riff-raff. All business travel is business class. So be flexible and have your Marco Polo membership card at the ready.

WHAT CLASS YEARS ARE MOST DESIRED?

Class year isn’t really a big deal. Most of the firms with litigation practices out here are still growing their office and are open to top candidates of all class years. One firm even said “partner-level candidates OK and we’ll look at candidates with 2 to 10+ years of experience”. One firm prefers candidates in the 3rd -6th year range but will look at strong candidates with any level of experience.

WHERE ARE THESE POSITIONS LOCATED?

These positions are based in Hong Kong. At the moment, there are no litigation openings in Beijing, Shanghai or Singapore although that might not always be the case going forward.

Coming out to Asia and joining a firm that has first mover advantage in the US litigation space can be a real career-builder and kingmaker. You’ll get the chance to build an office and be a real pioneer. Offices and practice groups can be very small – think 10 lawyers at the very maximum – so be warned! There is no place to hide, and personality fit is more important than it is in a 100+ person “mother ship” office. However, for an attorney with the right attitude, this kind of move can be be a major stepping stone to career advancement whether you intend to stay in Asia or eventually relocate back to the States.

As always, feel free to contact the Asia team at if you are interested in applying for or learning more about these litigation positions, or for any of your Asia-related questions.