Tricks of the Trade In Japan Law Practice
“Toto, I've a feeling we're not in Kansas any more.”
In cross-border legal issues, one expects misunderstandings. Strategies used in one country often do not work in others. This is almost always the case between Japan and Western countries. There are huge opportunities here, but also real risks. Many companies and investors, even big ones, fail in Japan. General Motors and Carrefour are only two conspicuous examples. Even savvy individuals can wash up on the rocks without proper navigation.
Example
In lawsuits, even otherwise experienced lawyers often make a mistake in assuming that the words ”trial” or "evidence" have the same meanings in Japan and the United States. They do not.
Here there is no “real trial,” as understood in Western countries. Instead, trials consist of a series of very short hearings, normally conducted over several months, at which a judge runs the process as he chooses, questioning the lawyers on the legal theories of their cases, asking if the positions in their written filings have changed and nudging them towards settlement, and lawyers have limited opportunity to make arguments. Thus they must plan wisely.
Compared with Western jurisdictions, evidence is quite limited, with essentially no pre-trial evidence-taking and little oral testimony, so it is critical to have a good written record. There is almost no way to base a case on evidence obtained from unwilling parties in Japan and one may not engage expert witnesses. As you can see, assumptions can be harmful, and thus a good understanding of the differences is essential.
Specialties
I've worked for many years throughout the world as a corporate lawyer for –– and against –– all kinds of parties, from the largest multinational corporations to small businesses and individuals. Having inside, personal experience working within many different industries and circumstances allows me to put together ideas and information in unique combinations. See my “Client Outcomes” for examples. One can easily find bright people who know specialties, but it is fairly uncommon to have this much diversity of experience and the ability to use that creatively for my clients. While nobody has all the answers, I have often found solutions that reach extraordinary outcomes.
A Client Myself
As an attorney, I am highly motivated to help my clients, because I have been a client myself. I have worked with (and hired) many top-quality lawyers, including those in the biggest law firms in the United States, Japan and throughout the world. I know what they do well, and what they do quite badly. Compared to those firms, I offer interest and concern with your welfare, simple organization, personal effort, insight into particular situations as a client, good value and continuing availability as your personal lawyer.
Japan and Cross-Border Clients
I advise both Japanese and international clients throughout Japan and in other countries to help them on disputes, real estate, investments, business and family matters, and to make sure that their needs are satisfied.
The breadth of my professional experience, emphasis on client needs, experience in Japan and other parts of the world, and my standing in the local community can be useful to you. You might find it worthwhile to call or email for a consultation.
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