The expansion of international business, increased mobility, immigration, and cultural inter-marriage make the solution of international legal matters an increasingly common task for the solo practitioner and small-firm lawyer. Today it is really necessary for every lawyer to have an increased awareness of the facts that may give rise to such problems, as well as the basic knowledge of how to find a satisfactory legal resolution to them.

However, it is also possible for a solo practitioner to specialize in international law, even if one does not have the resources of a large firm. Here are some practical pointers on this professional path.

How Do I Get Started?
In order to become an international lawyer, you need international clients and an international outlook. In a city such as Houston, there are quite a few people and business entities with problems that are within the purview of an international lawyer. Foreign-born or foreign-resident individuals need wills; corporations need international contracts; foreign companies need to set up Texas subsidiaries. Most people and small companies are willing to deal with a solo lawyer on these matters, so long as they are sure you can handle them.

You can meet these people—and their companies—at international cultural and business gatherings, foreign chambers of commerce meetings, consular parties and international law conferences. In the latter case, you meet your fellow practitioners, who are an invaluable source for referrals as well as information.

You should become expert enough about some aspect of international law to be able to speak at these conferences if you can, and offer local seminars to other attorneys who do not want to practice international law.

Of course, you will be oriented to countries and cultures with which you are familiar. In my case, having grown up in Spain and been educated there up to graduate school makes me naturally gravitate to Spanish speaking countries. However (and as proof that you need to be open-minded and flexible) as of late my most important source of clients has been the Netherlands.

Also, as your practice develops, you may find that you are especially suited for and knowledgeable about some particular areas of law as well as geography. For example, in my case, international probate laws of Latin America.

Join and participate in foreign chambers of commerce: you will soon find those that help you, and they will especially appreciate it if you can help them.

It is also imperative that you have a Web site that alerts the reader to your international law abilities, and it should be translated into each of the languages that you can practice in.

Make sure your assistants are language savvy too. When a Spanish-only speaking client calls, if someone cannot help him or her in Spanish, he or she will go to someone who can.

As a solo practitioner you must constantly get out there and wave your international flag. Many people assume that just because you are a solo attorney you don’t practice international law, and that international law is the fiefdom of large firms. You have to make sure they understand that is not the case.

A Few Words on Languages and Cultures
It is certainly true that English is the international language of business, and it may well be in the best interest of a U.S. client that all matters affecting a business transaction be conducted in this tongue. However, in my view it is quite arrogant to pre-suppose that the rest of the world shares the same view. As we will see, for a goodly number of the people and issues we will talk about, the use of the home country language is simply required. Indeed, a certain sensitivity to the language issue is a prudent course of action in all international law transactions.

It should be noted that while a foreign client or party may speak English, that does not necessarily mean that he can parse a contract and/or conduct written negotiations in this language. An added caution is the fact that sometimes a client will be too embarrassed to admit that he or she does not have the command of English necessary to effectively deal with a legal matter in a language not his or her own. Therefore, while it may be a good idea to offer English as the language of dealing at the outset, it is an even better idea to make sure that, if this offer is accepted, the foreign party can actually speak, read and write English!

Not surprisingly, the more provincial and/or rural the domicile of the party, the more likely that his or her command of English will not be sufficient for the purposes of legal dealings. Also, counsel should be sensitive to the fact that for some purposes the home language may be required.

Finally, don’t pretend that you yourself speak, understand, read and write a foreign language unless you really are fluent. Also, don’t pretend to understand the law of a foreign jurisdiction when you do not understand it in sufficient depth. When necessary use translators and, as we will advise below, foreign counsel.

On the other hand, lack of fluency in a foreign language needn’t exclude you from international work. The United Kingdom, Hong Kong, Canada, Australia and India and other places once loyal to the British crown speak a generally understandable variant of the King’s English. You can work with ease with these countries. Also, many people from the Netherlands, Germany and the Scandinavian countries speak flawless English. If your client does, you’ll be able to work with him or her.

However, language by itself is not enough: you must be sensitive to cultural issues so as to avoid such faux pas as inviting your strict Muslim client out for drinks, calling your Spanish clients during siesta time, or expecting to do any business at all during the vacation period of August in Mediterranean Europe.

Also, don’t be an ugly American. You may not be surprised to know that folks in other places don’t necessarily consider Texas to be God’s country, nor we Americans to be His chosen people or, for that matter, our legal system to be the best. Be sensitive, discreet and understanding. This does not mean you should be Pollyannaish, uncritical or tolerant of evils you would not stand here or there.

Law and Lawyers, Foreign and Domestic
Solo practitioners and small firm attorneys who resolve international probate, family law, and the affairs of small and medium sized businesses must adopt a prudent procedure of dealing with such issues. The attorney must inquire as a matter of course about the possible foreign aspects of the matters he is consulted on, especially when the client himself or herself is of foreign origin.

A difficult problem is resolving the issue of where the attorney may render advice, or more pointedly, on what. However, here common sense offers a ready solution. It seems to me clear that an attorney may certainly render advice anywhere in the world arising out of matters from his or her jurisdiction. Thus, a Texas licensed attorney should have no qualms about advising on a Texas will in Madrid. Furthermore, it would seem proper that the attorney would be able to advise a party in a contract where the contract arises in his jurisdiction or the client is based there. Thus, it would be proper for a Madrid-based, Texas-licensed attorney to deal with a contract between a Texas corporation and a French entity.

However, he would be foolish not to avail himself of French counsel in case the contract eventually came under French law. Hard and risky enough as it is to offer legal advice concerning one’s own jurisdiction, it is really foolhardy to proffer advice on matters in another jurisdiction where one does not practice. My experience is that this practice is all too common, and is a cause of many dreadful consequences for clients. Therefore, it is really necessary to consult with foreign counsel on foreign issues.

And, as I have recommended elsewhere, if one is constantly dealing with another jurisdiction, such as in my case, Spain, it is wise to make an arrangement with a foreign lawyer to help one on a regular basis. If the contacts and the travel are constant, this leads to the question whether to enter into some sort of formal arrangement with the foreign counsel.
A common mistake is the belief that just because we do things one way here, it should be that way elsewhere too. Be respectful of foreign legal systems when you encounter them, and make sure your domestic client understands that in Rome, he will have to do as the Romans do. In the same vein, foreign clients must understand the vagaries of our laws.

Indeed, one should also be careful when dealing with foreign clients. One of the joys of practicing international law is meeting persons from various backgrounds and cultures. Unfortunately, many of these people have a very different idea of what an attorney is and what he can do than what is generally expected here.

Some things are quite obvious: U.S. lawyers do not bribe judges, immigration officials and/or other administrative personnel, or procure sexual favors for their clients. However, sometimes this must be gently explained to the client.

Another serious matter in this regard is the lawyer’s alleged responsibility in the event the matter goes sour. All too often the lawyer will be blamed for the failure of the proceeding or business deal. Perhaps the only way to avoid this is a clause that specifically defines the attorney’s role and his lack of liability for specific recovery. Of course, the only way to avoid such perils is to make sure the client signs a letter of engagement that he actually understands. The engagement letter should at a minimum contain a schedule of fees, method of payment, a clause of non-liability as regards the success or failure of the deal, a description of the duties of the attorney, any limits on jurisdiction, the contracting of third parties, an arbitration clause and fixed deadlines for the validity of the contract. The letter also should include a clear statement of the client’s obligation to pay costs as they are incurred, including costs of travel (and any limitations on timing or method of travel).

I also insist that any contract be in a language the client can actually understand. As noted, all too often a foreign-born/based client will pretend, if for no other reason than to avoid embarrassment, to understand a great deal more English than he or she actually does. To avoid any confusion, one should have available engagement letters in the language of the client if other than English, unless you are persuaded the client speaks and understands English as well as you do.

Remember that it may be very difficult to recover any fees from a foreign client if he or she does not pay you.

As regards the fees themselves, remember that price is one advantage you have over your medium and large firm competitors. Small and medium size foreign companies are very cost conscious and at times wary of American lawyers. So be reasonable, and if possible, offer a flat fee for your services. Nonetheless, international legal work is highly technical and complex, so charge accordingly. Also, be sure to disabuse your clients of any notion that international law is cheap; international transactions are complicated and require a lot of skill. Let your client know this is the case beforehand.

Of course, if you deal with clients abroad, the method of payment should be by wire transfer, so your bank needs to be able to receive wire transfers. Avoid foreign checks.

The rise of the Internet has made international travel for legal reasons less necessary. Nonetheless, you have to be willing and able to travel on behalf of your clients. Make sure they understand that if they require you to travel, you will have to charge for it accordingly.

To sum up, international practice is not for every solo practitioner, but for those who are curious, like to travel and are adaptable, it is a rewarding professional path.

Michael Skadden, who was born in Goppingen, Germany, is a Houston solo practitioner concerned exclusively with international law, including high-tech business and contract law, trade, energy, probate and family law, in collaboration with a number of law offices in Madrid and other European and Latin American cities. He is a foreign associate of the Canadian Bar Association, Sections of Québec and British Columbia.