Forgetting Civil Law an interview with Alisha Liu

INTERVIEW

Forgetting Civil Law - A Chinese lawyer’s experience of re-qualifying in England

By Charity Mafuba, CWHLS Editorial Board

Alisha Liu

Our International Committee’s Charity Mafuba and Alisha Liu discuss Alisha’s journey to qualifying as a solicitor of England & Wales, a common law jurisdiction, after starting her legal career in the civil jurisdiction of China.

Charity Mafuba

CM Alisha, when did you qualify as a lawyer in China?

AL I passed the National Judicial exam and was awarded with the Legal Professional Qualification in 2015. I officially qualified as a lawyer in China in 2021.

CM What area of law did you specialise in?

AL I specialised in Corporate, Finance and Capital markets.

CM Can you briefly tell me about the process involved in qualifying as a lawyer in China?

AL In China, to get qualified as a lawyer there are two steps: Step one, to pass the National Judicial Examination (passing rate is about 10% annually), get qualified as a Legal Professional. Step two, to have one-year training practice in a law firm before final admission.

CM How does that differ from the process here in the UK?

AL Prior to the introduction of the SQE in the UK, the traditional route to qualifying as a Solicitor in the UK is via training contract. There is no form of national judicial exam or national bar exam in the qualifying process. Obtaining a training contract offer is a very challenging and competitive process. Whereas in China, to pass the National judicial exam is the most important and difficult part of the whole process.

CM What made you decide to move to the UK and qualify as a lawyer?

AL I think there are two main reasons here: Firstly, I love London. I enjoy its open-minded, inclusive and diverse culture. Secondly, being a lawyer is a profession that I have always enjoyed. I have received excellent legal education both in the UK and in China. I have also practised as a Chinese lawyer for about three years. I believe having a dual qualification is helpful and useful for clients in the UK.

CM Whilst studying in the UK, how have you found the common law system syllabus compared to the civil law syllabus you have in China?

AL The syllabuses of both jurisdictions are similar. They both include subject areas such as Contract law, Company law and Tort law, but the teaching methods are very different. I completed both the GDL and LPC at BPP university. The method of teaching of these two courses is that we do selfstudy of the legal knowledge before classes, and the tutorials are mainly focused on how to apply the law to different scenarios. In contrast, Chinese law school classes are mostly focused on teaching legal knowledge and concepts. We have very limited case law study. I think the UK teaching method is much more practical for students to gain hands-on skills. It helps students to get properly prepared for their future work as lawyers.

CM What are the challenges if any, that you have found as a foreign qualified lawyer navigating the legal sector in the UK?

AL There are many challenges that I have faced so far while navigating the legal sector in the UK. Firstly, to have deep understanding about the culture of the UK is important to understand the law, as laws are based on the culture where they were generated. For example, Constitutional law was one of the most challenging subjects for me as I was not familiar with political traditions here. Secondly, as a foreign qualified lawyer, we are met with a dilemma in the legal job application process. The Qualified Lawyer Transfer Scheme is a route for us to get qualified in England and Wales and it doesn’t require working experience to get admitted. However, it is known that without sufficient previous relevant legal working experience in the UK, it is hard to secure a great legal job here even after qualification at the outset.

CM On qualifying as a Solicitor in England and Wales, what area of law do you intend to specialise in?

AL I am open-minded as to the area of law that I would like to specialise in. At the start of my legal career here, I believe to get proper training and gain solid skills is more important than the area that I would like to specialise in. Obviously, if I am able to work in the area of law that I am familiar with, it will be easier to adapt my previous working experience to the job. I am prepared to get into any new area. Many brand-new legal service areas are emerging or getting more focus, for example, Education law.

CM What advice would you give to a foreign qualified lawyer from a Civil law jurisdiction wishing to qualify as a lawyer in a common law jurisdiction like the UK?

AL For legal studying, when we are studying common law system, it is more helpful to immerse ourselves into it and temporarily ‘forget’ the civil law jurisdiction that we were familiar with for a while. Comparative method is good, but it is more suitable to apply it after we pick up the common law mindset. For legal work, to practise in a different jurisdiction also means dealing with different clients from a different culture. A Lawyers’ work is not only about laws, but more about the people. Culture and clients are intrinsically linked.

CM How have you found acclimatising to the Culture in the UK?

AL It may sound strange, but I have never found it challenging to acclimatise the culture in the UK. To me it is a joyful adventure. First of all, I am very open-minded to absorb fresh ideas and I am very flexible with adjusting to new environments. Secondly, London is a very Cosmopolitan and Inclusive city and as such, I have never seen myself as a guest here. I always see myself as part of it and I enjoy the feeling of acceptance from the city. Thirdly, before living in the UK, I had read many books written by British authors and watched many films and TV series about it. What’s more, I have made many good friends here. All of these help me to enjoy the culture in the UK. ■

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