Why Cultural Homework Wins Chinese Legal Mandates

“From my experience, telling my Chinese potential clients or also counterparts in negotiation that I read the five great novels, great Chinese novels, and I appreciated them with appropriate quotation, it’s something that has facilitated me in creating this kind of trust, this kind of guanxi.”

When Bernardo Cartoni shares this insight, he’s describing something most international lawyers would never consider part of business development: studying classical Chinese literature. Not skimming summaries. Not reading about them. Actually reading Journey to the West, Dream of the Red Chamber, Water Margin, Romance of the Three Kingdoms, and The Plum in the Golden Vase (also known as “The Golden Lotus”)—then deploying appropriate quotations in client meetings.

This isn’t cultural tourism. The Director of LexChina understands that Chinese clients evaluate whether foreign lawyers respect their civilisation before they assess technical competence. That evaluation often happens in the first meeting, through signals far more subtle than PowerPoint credentials. And failing that test closes doors that no Chambers ranking can reopen.

As someone based between Italy, Geneva, and Shenzhen, Cartoni occupies a unique position bridging European legal traditions with Chinese business culture. His marriage to a Chinese wife provides daily immersion in the cultural negotiation that international lawyers experience only episodically. “Establishing trust between European and Chinese people is my everyday mission, not only as a practitioner, but also as a human being,” he explained during LexChina’s October 31 roundtable on winning Chinese clients.That personal context shapes Cartoni‘s professional approach fundamentally. Where American and European firms lead with their credentials, Cartoni leads with cultural fluency—demonstrating through specific literary references and philosophical understanding that he views China as a sophisticated civilisation deserving serious study, not an emerging market requiring Western guidance.

The Cultural Homework That Most Firms Skip

The gap between Cartoni‘s approach and standard international firm practice reveals why so many Western lawyers fail to convert Chinese inquiries into engagements. Most firms invest in market research—reading industry reports, studying regulatory frameworks, analysing transaction trends. Cartoni invests in cultural preparation—reading novels, understanding philosophical traditions, and learning historical context.

The five great novels aren’t light reading. Journey to the West spans 100 chapters following the monk Xuanzang’s pilgrimage to India. Dream of the Red Chamber contains hundreds of characters across 120 chapters, depicting Qing dynasty aristocratic life. Water Margin chronicles 108 outlaws across 70+ chapters. Romance of the Three Kingdoms covers nearly a century of Chinese history. The Plum in the Golden Vase offers explicit social commentary through 100 chapters.

Reading all five represents months of investment. For busy international lawyers, this seems like an absurd time allocation. But Cartoni understands what that investment signals to Chinese clients: You’ve taken their culture seriously enough to engage with its foundational literary works. You can deploy appropriate quotations naturally in conversation, demonstrating comprehension rather than superficial awareness. You’re approaching China as a civilisation to learn from, not a market to capture.

This matters because Chinese clients are evaluating you before you’re evaluating them. They’re assessing whether you carry the colonialistic assumptions that plague so many Western engagements. Literary knowledge serves as proof that you don’t.

The Colonialistic Approach That Kills Relationships

Cartoni introduced a term that deserves careful unpacking: “Coming from the other part of the world, it is advisable to show respect for the Chinese culture, not to approach the Chinese market with a colonialistic approach. The centre of the world is not the ensemble of European countries or the Anglo-Saxon world, and we don’t have to explain everything to the savages. No, China has a plurimillennial culture.”

The diagnosis is sharp. Many Western lawyers unconsciously position themselves as bringing enlightenment to Chinese clients who presumably lack sophisticated legal understanding. This manifests in pitch meetings heavy with explanations of “international best practices” and “global standards”—frameworks that implicitly position Western legal traditions as superior and Chinese practices as needing correction.

Chinese clients recognise this posture immediately. They’ve seen it repeatedly from Western professionals across industries—the assumption that Western ways represent the correct ways, that local practices require upgrading to international standards, that success means adopting foreign frameworks. And they respond by taking their business to competitors who don’t approach them condescendingly.

Cartoni offers an alternative: approaching China’s legal market with genuine intellectual humility, recognising that a civilisation with millennia of legal and philosophical tradition might have something to teach Western practitioners rather than only needing instruction from them. Picking the best of each legal culture can help give the clients the best service possible, meet their needs and expectations with a clear understanding of what to do and why to do it.

When he mentions reading the five great novels, he’s not showing off—he’s demonstrating that he’s done the homework required to engage respectfully with Chinese business culture. The quotations prove he’s absorbed the content, not just skimmed summaries. And Chinese clients respond to this cultural fluency because it signals something crucial: This foreign lawyer sees us as equals worthy of serious study, not as unsophisticated market participants requiring guidance.

Face, Fees, and the Take-It-Or-Leave-It Trap

Cartoni‘s cultural understanding proves most valuable in contexts where Western lawyers typically don’t think culture matters: commercial fee negotiations. Most international firms treat pricing discussions as purely transactional—match scope to rate, present the number, and negotiate if necessary. Cartoni recognises that for Chinese clients, how fees are presented and negotiated carries cultural significance that can make or break relationships.

“I usually propose two separate sets of fees to my clients, so a fixed fee may be divided in steps or stages, and a typical hourly rate fee, and I let them choose,” Cartoni explained. “And one very important thing to understand is not to put your Chinese potential client or actual client in a take it or leave it dilemma, because you have to give face,  “gei ta mianzi”, to the Chinese client.”

The concept of mianzi—face—operating in commercial negotiations surprises Western practitioners trained to view business discussions as separate from social dynamics. But Cartoni understands that Chinese business culture integrates relational and transactional elements in ways that purely transactional Western approaches miss entirely.

“Let them think that they are in control,” he continued. “Maybe you actually are in control of everything, but let them keep their face, they can keep their self-esteem, and it is easier to reach an arrangement.”

This isn’t manipulation—it’s recognising that Chinese clients need to present fee arrangements to their organisations in ways that demonstrate their negotiating effectiveness. A take-it-or-leave-it ultimatum from foreign counsel, even at reasonable rates, puts the client in a position where accepting looks weak internally. They cannot tell their superiors, “the foreign firm gave us only one option and we took it”, without appearing to have failed at negotiation.

Offering choices solves this elegantly. The Chinese client can present two options internally, demonstrate their analytical judgment in selecting the appropriate structure, and show their negotiating skill in securing favourable terms. They preserve face while the firm secures the engagement at acceptable economics.

The practical lesson: Build optionality into every fee proposal. Fixed fees with milestone stages. Hourly rates with caps. Blended arrangements provide predictability for certain work streams and flexibility for others. The goal isn’t maximising immediate revenue—it’s structuring arrangements that allow Chinese clients to say yes while maintaining face internally.

The Forever Referral Model

Fee structures reveal cultural understanding. So do approaches to law firm collaboration and referral arrangements. Cartoni addressed this sensitive topic directly, acknowledging both legal constraints and practical realities of how international and Chinese firms should structure financial relationships.

“In my jurisdiction, pure referral fees are prohibited, are ethical violations,” Cartoni explained. “In other jurisdictions, referral fees are admitted, but you have to disclose to the client, I pay referral fees to X or Y or Z.”

The challenge: Chinese law firms often expect compensation for client introductions, while many European jurisdictions prohibit or restrict such arrangements. Cartoni‘s solution demonstrates creative compliance with ethical rules while honouring Chinese business culture expectations.

“From my perspective, I prefer to label in a different way the referral fee, and I prefer to involve the domestic law firm in saying, okay, your referral fee will be labelled as facilitating communication with the client, facilitating the gathering of documents, something like that.”

This isn’t semantic gymnastics—it recognises that Chinese partner firms genuinely provide value beyond mere introductions. They facilitate communication across language and cultural barriers. They help gather Chinese-language documents and provide context that foreign lawyers miss. They serve as cultural interpreters, preventing misunderstandings that could damage relationships. Compensating them for these genuine contributions both complies with European ethical rules and builds sustainable collaborative relationships.

But Cartoni went further, addressing the friction point that destroys many international-Chinese firm collaborations: “To build a long-term and solid relationship, we cannot be too greedy. And so we should be ready to give the referral fees not only on the first case, but to every following case from the same client.”

This commitment contradicts Western law firm economics, where originating lawyers typically capture client relationships and others become “finders” entitled to limited one-time compensation. Cartoni explicitly rejects this model for Chinese collaborations.

When asked whether Chinese firms should receive compensation even when no longer directly involved in client communication, Cartoni was unequivocal: “Yes, otherwise I’m stealing your client in a certain way. Even if the client directly approached me, from my point of view, it’s not proper. It’s always better to involve the domestic law firm.”

This represents a fundamentally different business model than typical Western practice. Cartoni recognises that in Chinese business culture, the relationship belongs to the introducer in perpetuity. The Chinese law firm that made the introduction expects ongoing recognition and compensation for every matter that flows from that relationship, even if they’re no longer actively involved in communications.

Western firms instinctively resist this as economically inefficient—why pay for introductions indefinitely when you’ve established direct client relationships? But Cartoni understands the cultural calculation: Honouring these obligations builds reputation in Chinese legal communities. Chinese law firms talk to each other. They share information about which foreign firms honour their commitments and which don’t. Cutting out Chinese partners after establishing direct relationships destroys your reputation, ensuring other Chinese firms won’t introduce their clients to you.

The forever referral model isn’t generosity—it’s strategic investment in sustainable market access.

Creating Harmony by Speaking

Cartoni‘s cultural knowledge extends beyond literature to Chinese philosophical frameworks that provide practical guidance for navigating business challenges. When discussing how to identify and access invisible decision makers—a common challenge in Chinese corporate contexts—he invoked mediation philosophy.

“It is always important to clarify why I’m asking those questions,” Cartoni explained, addressing the challenge of information gathering when mid-level contacts control access to senior decision makers. “If the counsel, the lawyers, or the mid-range employees are not able to convey this message to the big boss, let’s talk directly with the big boss. Maybe in the presence of a neutral.”

Requesting direct access to senior decision makers could seem presumptuous or disrespectful to hierarchy. But Cartoni frames it using Chinese philosophical concepts: “We always should keep in mind that the Chinese word for mediation means creating harmony by speaking. So try to speak more and to explain more.”

The invocation of “creating harmony by speaking” isn’t ornamental. Cartoni is signalling that requesting direct access isn’t about circumventing the Chinese contact or asserting dominance. It’s about ensuring clear communication that serves everyone’s interests—including the mid-level contact who may struggle to convey complex legal concepts to superiors.

Framed as creating harmony rather than challenging hierarchy, the request becomes culturally appropriate. And Cartoni can make this framing work because he understands the philosophical tradition well enough to deploy it naturally.

This exemplifies Cartoni‘s broader insight: Chinese philosophical concepts aren’t abstract cultural curiosities—they’re practical frameworks for navigating business relationships. A lawyer who understands that mediation means “creating harmony by speaking” can invoke that concept to justify communication approaches that might otherwise seem presumptuous or aggressive.

The Wife Joke That Reveals Reality

One of the roundtable’s lighter moments captured Cartoni‘s cultural comfort with disarming honesty. When discussing how to identify invisible decision makers, he offered: “If you know the company boss, talk with the company boss. But if you know his wife, let’s talk to his wife. This is a joke, of course.”

The joke-that’s-not-quite-a-joke acknowledges what many China practitioners know but few discuss openly: family relationships and personal networks often matter more than organisational charts in Chinese corporate decision-making. Wives, siblings, trusted friends from university, former colleagues—these relationships can prove more decisive than formal reporting structures.

Cartoni‘s willingness to acknowledge this reality, even in jest, demonstrates the cultural comfort that builds trust with Chinese clients. He’s not pretending Chinese organisations operate like Western corporations. He’s recognising actual power dynamics while maintaining appropriate professional boundaries through the joke framing.

His immediate caveat—”this is a joke, of course”—shows professional discipline. But the underlying point stands, as he made clear: “It is important to identify who is the actual decision maker and talk to this person.” Whether that’s the formal CEO, a board member with familial connections, or a trusted advisor operating behind the scenes, effective counsel needs to understand real power structures, not just organisational charts.

Why the Homework Never Ends

Cartoni‘s approach challenges a common Western assumption: that you can learn about Chinese business culture once, then apply that knowledge repeatedly. His experience suggests the opposite—cultural learning is ongoing, deepening with every engagement, every conversation, every relationship.

Reading the five great novels isn’t a box to check. It’s foundational preparation that enables deeper cultural conversations, which reveal additional layers requiring further study. Understanding mediation philosophy isn’t memorising a definition—it’s internalising concepts sufficiently to deploy them naturally when situations demand.

Cartoni‘s marriage to a Chinese spouse provides continuous cultural immersion that most international lawyers cannot replicate. But the principle applies universally: genuine cultural competence requires sustained investment over years, not weekend training sessions or pre-trip briefings.

His closing advice captured this philosophy: “Try to understand each other. This is the key. Mutual respect and mutual understanding.”

The simplicity is deceptive. Mutual understanding between European and Chinese legal professionals requires European lawyers to invest substantial time learning Chinese history, philosophy, literature, and business culture—knowledge that may never appear in pitch decks or engagement letters but that determines whether Chinese clients view foreign counsel as partners or vendors.

For international firms serious about China market success, Cartoni offers both inspiration and warning. The inspiration: cultural homework works. Demonstrating genuine respect for Chinese civilisation through serious study opens doors that credentials cannot. The warning: there are no shortcuts. Reading summaries doesn’t substitute for reading novels. Attending cultural awareness training doesn’t replace years of sustained engagement with Chinese philosophical and literary traditions.The firms that succeed will be those whose lawyers can discuss the five great novels naturally, invoke Chinese philosophical concepts appropriately, structure fees that preserve face, honour referral obligations in perpetuity, and approach China as a civilisation to learn from continuously. Those capabilities cannot be acquired through weekend preparation—they require the kind of sustained cultural immersion that Cartoni‘s Italian-Chinese household embodies and his LexChina practice operationalises for international firms willing to do the homework.

Bernardo Cartoni is Director of LexChina, where he leads the organisation’s mission to connect international law firms with China’s legal market through official partnerships with Chinese judicial authorities. Based between Italy, Geneva, and Shenzhen, he brings strategic expertise in regulatory navigation and market entry, having guided numerous international firms through establishing compliant operations in China’s evolving legal landscape. He is also a listed arbitrator at the Hong Kong International Arbitration Centre (HKIAC) and Shanghai Arbitration Commission. Married to a Chinese spouse, Cartoni brings both professional expertise and deep personal cultural understanding to bridging European and Chinese legal service cultures. As a contributor to LexChina Forum, he provides essential insights on how cultural preparation and philosophical understanding translate into competitive advantage in China’s legal services market.