Legal counsel also advise local governments on dispute resolution and crisis prevention and control.

An Yan, a lawyer with Fengwei Law Firm in Taiyuan of north China's Shanxi Province, has offered legal counseling to the Shanxi Provincial Bureau of Quality and Technical Supervision.

An recalled that in February 2012, Coca Cola (Shanxi) Beverages Co. Ltd. was found to have sold several batches of chlorine-tainted drinks. Lawyers from Fengwei Law Firm helped the bureau handle the incident, including assessing whether the company should be punished on the basis of food safety hazards.

The incident was first exposed by a staff member from the company, who told the media that after a pipeline refitting took place on the night of February 3, 2012, workers accidentally mixed water containing chlorine—which is used to sterilize bottles—with water used to produce beverages. A total of 120,000 boxes of drinks in nine batches were affected, and some of the chlorine-contaminated drinks were later sold to customers.

After learning of the incident, the Shanxi Provincial Bureau of Quality and Technical Supervision tested samples from the contaminated batches. Tests showed that the affected batches contained trace amounts of chlorine, less than the 0.005 milligrams per liter allowed by national standards for purified water.

In such a case, whether the company should be punished becomes a tricky issue. On April 19, 2012, the Shanxi's quality watchdog sent an investigation group to the company. On-site investigations substantiated the whistleblower's allegations.

After consulting legal counsel, the bureau ordered the company to suspend production and resolve the issue. The company apologized, and agreed to replace any problematic drinks.

Legal counsel also assists various levels of government in handling petitions from the general public so as to promote social harmony. At the Third Plenary Session of the 18th CPC Central Committee, it was decided that law-related and litigation-related petitions should eventually be settled according to law.

Hao Huizhen, a member of Beijing's Chaoyang District Bar Association, said that the district has hired legal counsel since 2003. Every week, an experienced lawyer is sent to accompany district officials to receive petitioners. Legal counsels provide legal services to petitioners and guide them in resolving disputes according to legal procedures.

Legal counsel can serve as a good bridge between the public and government, not only because of their legal expertise and experience, but also because of their neutral position, said Hao.

Problems to tackle

Although some legal counselors have been frequently sought out for consultation by government officials, some have not.

Chen Chen, Vice President of Anhui Province's Bar Association, has served as the legal counsel to a local county government for several years, yet he has never had the opportunity to provide legal service to the county government, Chen told Beijing-based Legal Evening News. Chen said that he felt he was only a figurehead.

He said that although legal counsel should help government make and implement policies according to law, in reality they are not able to participate in government work. What they do is help the government solve problems after they arise or handle routine petitions, he said.

Shu Rui, a commentator from the Beijing-based newspaper Legal Daily, said that is because consulting legal experts is a discretionary measure for government officials. Shu suggested that government officials should be required to consult legal counsel before promulgating laws, regulations and rules, and that legal counsel should be given the power to question government actions.

In addition, some lawyers question the method of selecting legal counsel.

Huang Yun, a lawyer with Henan Guoji Law Firm in Zhengzhou of central China's Henan Province, told national newspaper People's Daily that some local governments did not purchase legal services through open bidding, but rather awarded the contract to lawyers connected to the government.

The government should follow standard procedures in assessing legal service requirements, calculating costs, inviting bids, and evaluating the performance of legal counsels, said Min Jianjun, a lawyer in Jiangsu and a member of the provincial committee of the Chinese People's Political Consultative Conference.

Entrance thresholds should be set for legal counsel to the government, and only those who have passed the national bar exam should be considered qualified, suggested Shi Jie, Chairman of the Board of Supervisors, Sichuan Province Lawyers Association.

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