Translator：Wang Yichun

On November 10, 2023, Shanghai Landing Law Offices hosted a special event featuring John Z. Huang, the Director of Landing's Chicago Branch, and lawyer Yilun Alan Hu at their Shanghai headquarters. The session was dedicated to discussing common law and various aspects of legal practice in the United States.

The seminar was initiated by Lawyer John Z. Huang, who delved into the origins of the common law system, followed by an in-depth exposition of its three fundamental characteristics.

John Z. Huang

The essence of common law, as its name suggests, traces back to the courts of England, where significant regional disparities initially existed. This changed with King Henry II's unification of these laws, crafting legislation apt for all regions and abolishing local privileges.

The cornerstone of common law is its reliance on case law, leading to the notion that in the Anglo-American legal system, the law is shaped by judges. This feature enables continuous adaptation and refinement in line with societal evolution. A notable example is the recent U.S. Supreme Court decision on abortion, which overturned the 1974 "Roe v. Wade" ruling, thereby recognizing abortion rights as not inherently protected under the U.S. Constitution and allowing states to legislate on abortion matters. While statutory laws like the UCC have been embraced in over fifty states in the U.S., case law remains the primary legal force.

Adherence to legal precedents forms the second characteristic, ensuring law's stability and predictability. Judges can, however, offer their interpretations based on these precedents, with the binding power generally pertaining to Supreme Court rulings influencing lower courts. In cases lacking specific precedents, judges may refer to similar cases, rulings from other states, or even lower court decisions.

The third characteristic is the dual-track system, where federal and state legal systems operate concurrently, both grounded in their respective constitutions. Cases often have the potential to be tried in either state or federal courts, a decision usually made through discussions between parties and their attorneys.

Following this, Lawyers Huang and Hu delved into the U.S. legal services market and the intricate ties between Chinese law firms and the Chinese community.

The session also featured Lawyer Yilun Alan Hu addressing various questions.

Yilun Alan Hu

The United States is home to over a million lawyers who have been instrumental in shaping the nation's foundations. Chinese American lawyers, although representing a small fraction of the U.S. legal fraternity, adopt distinct strategies for market engagement. Within the U.S., the Chinese, as a minority community, naturally gravitate towards Chinese American lawyers for their legal needs, fostering a deep-seated trust and reliance.

Chinese American lawyers have become integral to their community by offering pro bono legal services, thereby aligning closely with the community's welfare and destiny. As a result, they are often the first point of contact for significant legal matters within the community. This approach not only aligns with their commitment to serve the Chinese community but also significantly enhances their professional standing.

A notable aspect that sets us apart from other Chinese law firms is our emphasis on litigation as a core legal service. While many Chinese law firms focus on immigration, marriage, real estate, and similar fields, these issues fundamentally require legal support and are often resolved through litigation.