MEDIA REVIEWS

Now Playing at a Theater Near You
(And Featuring Houston Attorney Charles Foster)

By Keri D. Brown and Joy E. Sanders
Readers of The Houston Lawyer who already know Charles Foster also undoubtedly already know what this article is about. For the uninitiated, the answer is Mao's Last Dancer. Finally making its way to the United States, this independent movie, originally released in 2009 and opening in Houston this past August 20, tells the story of Li Cunxin, a promising young ballet dancer from China who began his rise to international acclaim in the early 1980s. The film includes Charles' role in helping Li remain in the United States after a 21-hour standoff at the Chinese Consulate on Montrose Blvd. in Houston. It is not often that an attorney is the hero in a movie without ever stepping foot in a courtroom, but that is exactly what happened here.

For those of you unfamiliar with the story, Li Cunxin was the first Chinese national to visit the U.S. as part of its new cultural exchange program, and was quickly becoming a star of the Houston Ballet after less than a year's stay in Houston. Just prior to the end of his scheduled visit, Li's heart led him to remain in Houston. Concerned with what his decision might mean for U.S.-China relations, the Houston Ballet and Ben Stevenson (then Artistic Director of the Houston Ballet), Li confided in a friend who assisted him in seeking out legal representation. With some guidance from the University of Texas Law School, Li found counsel in Charles Foster. No one could have anticipated how auspicious their relationship would become.

Charles thought that the matter would be fairly routine: seek an employment visa for Li based on his incredible dancing ability (equivalent to a visa based on "extraordinary ability" today). Given Li's ballet talents and rising stardom, Charles did not think there would be a problem. What Charles did not foresee was Li being tackled and dragged away by five Chinese consular officials upon entering the consulate for discussions of his intent to remain in the U.S. Those events pitted the Chinese embrace of collective rights against the United States' embrace of individual rights.

The night of the stand-off, Li was scheduled to attend a going-away party hosted by Louisa Sarofim. When Li didn't show, Ben Stevenson tracked him down and discovered his plan to remain in the U.S. Li and Charles decided to meet with Chinese consular officials, declare Li's intention and exonerate the U.S. government and the Houston Ballet. But curiously, Chinese officials insisted that the meeting take place at the consulate, instead of the restaurant that Charles suggested. Upon arrival, Charles was separated from Li and Li was seized. The standoff ensued.

Fortuitously, Charles knew specifically of perhaps the only other instance of forcible repatriation. In 1970, a Lithuanian sailor named Simas Kudirka made international waves when he jumped off a Soviet ship off the Atlantic coast and, seeking asylum, swam to the U.S. Coast Guard cutter to which the Soviet ship was tethered. The Coast Guard allowed the Soviets to retrieve Kudirka from the Coast Guard vessel, but because the deck of the cutter was U.S. soil, the return was wrongful and the responsible Coast Guard officers were subject to a court martial and, following a reprimand, took early retirement. Coincidentally, Charles had already discussed the particulars of the Kudirka case with Judge Woodrow Seals, a federal judge in Houston. Equipped with this knowledge, Charles did several things upon Li's detention: (1) he called and woke Judge Seals to obtain a restraining order and writ of habeas corpus; (2) he called the State Department and spoke with the China desk officer, politely noting his obligations per the Kudirka fiasco and warning of the repercussions should the desk officer stand by and allow Li to be forcibly removed from the United States; and (3) he called the Executive Assistant to then-Vice President George H.W. Bush.

All the while, Charles tried to convince the Chinese to release Li. Having long-standing ties to the Chinese community, Charles knew that he had to balance the legal issues with the diplomatic issues. Diplomatic relations aside, Charles shared Li's deep concerns for his family back in China. At first he told the two members of the Houston press that had gathered late that evening almost nothing, hoping that everything was about to be resolved, and then telling the Chinese officials that if they didn't release Li, his story would be on the front pages of every newspaper in the world. Once Charles realized he was making no headway with a low key approach, he urged Ben Stevenson and the other members of the Houston Ballet board, all still decked out in gala finery from the party, to remain in the consulate, paraphrasing Justice Lewis Brandeis, "Sunshine is the best disinfectant." The Houston Chronicle and Houston Post reporters, while not fully appreciating all the events taking place in the consulate, told Charles that they could wait no longer and had an obligation to their readers. By early morning, Li's case was making headlines across the world.

By 6:00 a.m. Charles had drawn up a restraining order and writ of habeas corpus and went to meet Judge Seals at the Federal Court House loading dock on Capitol Street. At the meeting, Judge Seals had with him Judge John Singleton, Chief Judge of the Southern District, the U.S. marshal, and Assistant U.S. Attorney Michael O'Connor. He convinced Judge Singleton to grant the restraining order and the writ of habeas corpus and returned to the Chinese Consulate with the U.S. marshal in tow.

When Charles returned, he was approached by a "reporter" who identified himself as Charles' FBI contact. When the agent told Charles that the FBI had the building plans for the consulate and they had every exit covered, Charles knew that Li would not and could not be taken away for an early morning flight.

Meanwhile, Li was inside, being told that he had been abandoned by his friends in the United States. Twenty-one hours after the standoff began, the Chinese Consulate asked Li one final time if he would return to China. Li again replied that he would not, and he was finally released.

With the legal spectacle over, Li went on to dance with the Houston Ballet until 1995, when he moved to Australia, where he resides today. Charles remains in near-daily contact with Li while continuing his practice at FosterQuan LLP, and today he is one of the preeminent immigration lawyers in the country. For three decades now, Charles and his firm have provided pro bono representation for the artists brought to dance at the Houston Ballet as well as international talent working with the Houston Symphony Orchestra, DaCamera Society, Alley Theatre, Houston International Festival, Theater Under the Stars and many more. Among his many services to the community, Charles is chair of the Asia Society Texas Center, Chair of the Task Force on Immigration for the Greater Houston Partnership, and Honorary Consul-General to the Kingdom of Thailand.

Charles is played in Mao's Last Dancer by Kyle MacLachlan (of "Desperate Housewives," "Sex and the City," "Twin Peaks" and "Blue Velvet" fame). Kyle spent three days in Houston visiting with Charles in preparation for the role, studying Charles' mannerisms and even ordering a University of Texas class ring to match the one that Charles wore. Charles clearly left an impression on the actor. Recently, during an NBC-TV "Today Show" interview, Kyle described Charles as "an intelligent, well spoken, interesting guy" and added that "he's a widely recognized expert in his field."

Charles and his wife Lily (herself a highly-accomplished and popular Chinese actress) have two sons, each of whom is nonchalant about their father being one of the key subjects in Mao's Last Dancer. The children have met plenty of famous people and are more impressed that other people consider their father to be a hero in Li Cunxin's story. For Charles Foster, being immortalized in film is merely "satisfying." The rest of us just have to remind him how remarkable it really is.

Keri D. Brown is is an associate in Baker Botts L.L.P.'s Private Clients section and associate editor for Legal Trends of The Houston Lawyer. Joy E. Sanders (jsanders@fonglegal.com) practices immigration law with Fong & Associates, L.L.P., and is a member of The Houston Lawyer editorial board. She tweets about law, sustainability and community at http://twitter.com/sandersjoy.

Rainmaking 101 How to Grow Your Client Base
& Maximize Your Income
By Patrick D. Kelly
Published by AuthorHouse 2009
102 pagest Reviewed by Angela L. Dixon
With an economy that is steadily on the downturn, individuals are seeking ways to make themselves more marketable and productive. Patrick Kelly has written Rainmaking 101, which explains the art of rainmaking and how it can be used to help you stand out from the crowd.

As a young lawyer, Kelly wanted to know how to become a partner with his firm. He was told by a senior partner that in order to become one, he must be a rainmaker. Realizing that he did not learn this skill in law school, Kelly set out to not only learn what a rainmaker was, but to become one himself.

Kelly does a good job of explaining what rainmaking is in the introduction. His definition stems from what he has observed over the years and his own experiences. Kelly discusses the importance of relationships and first impressions. He also provides tips on how to make yourself memorable to others and how a simple thank you note can make a lasting impression.

Kelly stresses that rainmakers must communicate well with others, and he has a chapter dedicated to cocktail chatter. In this chapter, Kelly gives examples of conversation starters and ideas for conversation topics. Kelly also devotes one of the longer chapters to the importance of making the most of presentations. Whether it is a presentation to a civic group or a professional group, it is an opportunity to build relationships. Kelly addresses such things as what to consider when drafting the message, the importance of knowing the audience, whether or not to use handouts and humor, and how to incorporate audience participation, among other things. He even includes a presentation checklist to get the reader started.

Kelly also covers the importance of good manners, sometimes overlooked by people when they are trying to make it to the top. Business etiquette, building healthy habits and effective time management skills all are addressed in subsequent chapters of the book. Kelly gives basic information on business etiquette, but for someone who is unfamiliar, it will be helpful because it covers everything from invitations to formal dinners, and even provides a graphic and explanation of the purpose and location of the place settings. In terms of healthy habits, Kelly discusses the basics–exercise, diet and sleep—but also addresses some hidden benefits that might not be so obvious, but are just as important. Kelly concludes the book by acknowledging that failure is a part of the process of implementing and developing rainmaking skills and encourages the reader to learn from it.

This book is a quick read with roughly 100 pages filled with tips and techniques to take your rainmaking skills to the next level. It teaches the basics, so for those well versed in rainmaking techniques, it can be used as a refresher. For those new to the game, there is a wealth of easy, practical marketing tips sure to be helpful in developing a good client base.

Angela L. Dixon is a solo practitioner and handles primarily civil matters. She is a member of The Houston Lawyer editorial board.

Bond Daddy
By John P. Bott
and Jason L. Fowell
Published by
iUniverse Incorporated, 2010
248 pages

Nicole S. Soussan is a third year law student at Vanderbilt Law School and plans to practice law in Texas. She wrote this review while clerking at Fulbright & Jaworski L.L.P.

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