LEGAL SERVICES, IN CHINA2: FACING THE WTO Chengyan Lut I. INTRODUCTION On November 10, 2001, the ministerial conference of the World Trade Organization (WTO) held in Doha, Qatar passed 3 Decision on the Accession of the People's Republic of China. t The author of the article is a practicing lawyer of the People's Republic of China and serves in the Bureau of Justice of Shenzhen which regulates lawyers in the city. 1. According to the system of rules of the WTO, legal services means professional services provided by lawyers and other similar professionals. General Agreement on Trade in Services (GATS) and its annexes are legal documents in the WTO governing trade in services, including legal services. A background note made by the Secretariat of the WTO in 1998 defines legal service as follows. [A] broad definition of legal services would include advisory and representation services as well as all the activities relating to the administration of justice (judges, court clerks, public prosecutors, state advocates, etc.). This second aspect, however, is effectively excluded from the scope of the GATS as in most countries it is considered a 'service supplied in the exercise of governmental authority' according to Article 1(3)(c) of the Agreement. The GATS covers all advisory and representation services in the various field of the law and in statutory procedures. Council for Trade in Services - Legal Services - Background Note by the Secretariat § 15 at http://www.wto.org/english/tratop-e/serve/w43.doc (last visited Feb. 25, According to this definition, legal services in the system of rules of the WTO are professional services provided by lawyers, notaries, etc. However, in the United States legal services denotes legal aid, which are professional services rendered by lawyers for people who cannot afford to retain lawyers for legal assistance. In this article, the author adopts the usage of the WTO. Thus, legal services in this article means all the professional services provided by lawyers. 2. Although particular sections of the article involve legal services in Hong Kong, Macao, and Taiwan, these areas fall under a different jurisdiction. Thus, the scope of the article is limited to 3. According to the rules of admission for new members to the WTO, in order to become a new member of the WTO, one needs the consent of at least two-thirds of the current WTO members. Marrakesh Agreement Establishing the World Trade Organization, Apr. 15, 1994, Art. 12, 33 I.L.M 1125, 1150 (1994), available at http:// www.wto.org/english/docs-e/legal-e/04-wto.pdf. In the Ministerial Conference held in Doha, all of the WTO members consented to China's admission into the WTO. Press Release, World Trade Organization, WTO Ministerial Conference Approves China's Ascension (Nov. 10, 2001) at http://www.wto.org/english/news-e/pres0l-e/ pr252_e.htm (last visited Feb. 25, 2004).