by Josh Marshall
As I noted in the earlier post, new Press Secretary Katie Zacharia claims she passed the bar exam in China and to thus be an “attorney” despite never having passed the bar in the U.S. A Post article said that foreign nationals aren’t allowed to appear in Chinese courts. And I took that to mean that perhaps you could take the bar exam but not appear in court. (Many U.S. attorneys never appear in court. That’s only one part of practicing law.) But it looks more stringent than that. And it looks like Zacharia’s claim is likely false. It’s difficult to confirm a technical point like this about a foreign country. But numerous websites which provide information about practicing law in China say that foreign nationals can’t take the bar exam under any circumstances. Starting in 2021 there appears to have been a pilot program which would allow foreign national to take the patent bar. But even that required foreigners to have permanent residence which is apparently quite difficult to get. Foreign lawyers can work in Chinese law firms, but only to provide guidance about the law in the countries in which they are licensed to practice. (She appears to have worked in that capacity.) They’re specifically barred from interpreting Chinese law or acting in the capacity of a Chinese lawyer. So it’s pretty tight.
Again, maybe there’s some technicality that made this possible for her which doesn’t come up in any of the explanations I’ve found. But it seems like a pretty across-the-board ban.
Perhaps Zacharia was being cagey. She was asked at her appearance today where she’d passed the bar, in what state. She responded, “When I moved to China.” Reporters understandably took that to mean that she took the Chinese bar exam. But perhaps she was trying to hoodwink them.
More to come.
Late Update: This just-published article in the South China Morning Post says definitively that at the time Zacharia claims to have passed the bar in China foreign nationals were barred from taking the bar exam.
Eligibility rules for China’s national judicial examination in 2011, when Zacharia reportedly began working in Beijing, required candidates to hold Chinese nationality.
Foreign nationals were therefore ineligible to take the examination, a step towards qualification to practise mainland Chinese law.
Employment at a Chinese law firm does not, by itself, establish that someone holds a licence to practise Chinese law. SCMP has asked Zhong Lun to clarify Zacharia’s role and qualifications. The firm did not immediately respond.
