Picking a Lawyer In Japan
What To Look For
Why woud you choose an international lawyer and counselor in Japan like me for personal and business help?
Today there are many excellent, high quality legal resources, but how do you find one that is right for you? I have been a client myself, so I can explain some of the most important things to look for when you need to hire an attorney.
A Continuing Relationship As Your Personal Counselor
Some clients like to use lawyers on a case-by-case basis, or prefer different law firms for different specialities. It is up to you. However, it can be a real advantage to have a continuing relationship with someone who knows your history, business and goals and who is in a position to work in your best interests most efficiently on a regular basis.
You may even need something like a general counsel to guide your company efficiently and economically through a range of issues as the company grows.
Where To Look and How To Judge Law Services?
In Japan, there are no cheap, good lawyers. The costs of running a law practice and offering legal services in Japan are so high that you want to be sure of receiving good value. Here is how it works, from my own perspective as both a lawyer and a former client.
You could go to one of the very fine big Japanese or international law firms, which have between 100 and 4,000 lawyers, and those normally provide excellent services. I can verify their quality, since I was trained and have worked in top-tier firms myself. I also used and managed the work of many of the finest firms all over the world when I held law functions in large, multinational companies. Of course, these firms typically can be very costly — unless managed properly. Some are very good and some are outstanding. You pay for that. After all, large firms can have many mouths to feed and aggressive profit goals. Inevitably, their main focus has to be on very large corporate clients.
Virtually all large international and US law firms bill by the hour, with an increasing number reaching $1,000 per hour for top performers. Most also use billable hours as a basis for partner compensation, and almost all base their junior lawyer compensation and bonuses on the number of hours billed.
In contrast, while there are rare cases where I bill on an hourly basis, you get the benefit of my charging fixed, value-based fees tied to the value of a project. This avoids any incentive for me to charge for extra hours. Clients are comfortable in calling me and getting extra input without fear of additional cost. That results in efficiency and predictability for both of us.
Another feature that differentiates my practice is that I am not a “sales representative,” or “finder” who forwards projects to junior lawyers or to teams of lawyers in other countries, where there may be less attention to your concerns and budget. I provide personal input on all projects and you know that the one who is doing your work understands your interests.
Most Japanese firms are much smaller. Japanese lawyers (“Bengoshi”) tend to be highly intelligent (the bar admission rate is still less than 5 percent of applicants) and they offer high quality services. However, if there is an international dimension, it may be difficult to know whether they have the skills to deal with your issue. Moreover, although conditions are slowly changing, bluntly stated, there are still very few Bengoshi who are truly fluent in written and spoken English, so while many can read and understand some English-language correspondence, there are very few who can fully convey their thoughts in written or spoken English. Thus the possibility of misunderstandings is high. Beyond that, expectations of what is a cost-efficient, practical and results-oriented outcome tend to be very different. Typically, such firms bill on value, but they tend to have fixed schedules of fees for all clients over which you have no say. Many of the best Bengoshi even require a “proper” introduction before they will agree to accept a new client, particularly a foreign one. In recent years, some of the larger Japanese firms have been shifting to hourly billing, since they are subject to the same pressures to maximize profits as their foreign counterparts, so their cost is increasing.
You also need to be aware that there are some foreign and Japanese persons advertising legal services in Japan who are not licensed to practice law in Japan, and thus cannot meet professional standards. Some have law licenses in other countries, but others have no licenses at all. Why is that so important? They are not attorneys. That means that they are not members of the bar, not subject to ethical and disciplinary standards or required levels of continuing legal education (“CLE”) and other professional training, and they do not carry professional liability insurance to protect clients from their malpractice errors. (By the way, if you ever want to claim that communications are confidential on the basis of an “attorney-client privilege,” do not count on it with a non-attorney.) Thus you should stay away from anyone who describes their work as legal, “quasi-legal” or “counseling” — without disclosing where they are actually licensed to practice. You should feel free to ask them or others about this. They may claim vast knowledge or spectacular results (who doesn’t), but It can be awfully hard as a prospective client to tell how much professional experience they actually have or how good they are –– and there are real risks in using them.
A Different, More Useful Level of Service
What differentiates me is that I have the same level of in-depth quality, legal training and experience as the very large firms, but in a much more lean practice, striving for efficiency and results that are focused on your concerns, not those of a typical large firm. I do not charge based on having the same overhead expenses or profit pressures, and I provide value without “running up the meter” on my clients. We really do work together in a collaborative manner.
While I do not handle every possible issue that you may encounter, my work in such a wide range of quality-intensive areas makes me familiar with most that people face. I can also apply that experience to offer solutions to reach the best outcomes for you.
A Client’s Perspective On Results
In Japan, like many countries, it can be awfully hard to find persons who have both the right skills and an international, results-oriented perspective as a client concerned about outcomes, not process. Since I have that perspective, and I have actually hired and trained top professionals myself, I can assure that you get the right results. (Note that I chaired an American Bar Association committee on law department management and organization for ten years.)
In my case, you can be sure that communications function in a way that high quality services, specific skills and attention to your goals are available to you.
Direct Attention, Privacy and Collaboration
As a personal attorney and counselor, I work as an advisor to businesses, including many family-controlled businesses, on a completely confidential basis. I offer the privacy, individual attention and other advantages that a small firm can provide. Most companies in Japan are family businesses and they need and expect this. It is also important in the area of personal matters such as wills, trusts and estates and international asset protection.
Note that I am ready to work with your bankers, investment advisors, financial planners, trust companies and accountants to achieve what is right for you.
Your legal strategist in Japan • Finding Business Results That Work • Our Objective Is Extraordinary, High Value Outcomes