Case Studies

Having worked on over a hundred international cases and achieved favorable results in the majority, below are summaries of a few cases for each practice area, emphasizing key considerations of the scenarios.

Criminal Defence

Dealing with Japan’s criminal justice system can be particularly challenging, especially for non-Japanese speakers. From lengthy detention periods and rigorous interrogations to the complexities of cases like suspected drug smuggling or securing bail, each step requires experienced legal guidance. Appointing a bilingual lawyer with expertise in Japan’s criminal procedures ensures effective communication and a strong defense tailored to the unique circumstances of each case.

Client charged with assault after causing a disturbance at the airport received a suspended sentence.

An English-speaking client consumed an excessive amount of alcohol on a flight to Japan and, upon arrival at the airport, caused a disturbance that resulted in minor injuries to airport staff. The client was arrested on the spot, detained, and subsequently charged with assault. I was appointed as the client’s defense lawyer and filed a bail application after the client was indicted. The court approved the bail request, allowing the client to be released and return to their family residing in Japan. Ultimately, the court handed down a suspended prison sentence, and the client was able to avoid imprisonment.

Key points:
In Japan, it is not uncommon for detention to continue until the end of the trial following an arrest. However, if the accused has an established residence in Japan and the case is not particularly serious, bail may be granted after indictment.

Client charged with drug smuggling found not guilty in criminal court.

A Latvian client accepted a request from a friend to transport rough diamonds and traveled to Japan. Upon arrival at the airport, illegal drugs were discovered in the suitcase the client was carrying, leading to the client’s arrest. The client was subsequently charged on suspicion of drug smuggling. I provided legal defense, asserting the client’s innocence in the criminal trial. During the proceedings, I submitted evidence such as chat messages between the client and their friend to support the client’s claims of innocence. The client was ultimately found not guilty of drug smuggling.

Key points:
The Chiba area, where I primarily practice law, is home to one of the major international airports in Japan, resulting in many drug smuggling cases. Criminal trials involving drug smuggling often involve circumstances that are specific to the same type of case.

Client suspected of involvement in a drug-related case upon entering Japan and released due to insufficient evidence.

A Nigerian client was arrested upon returning to Japan, where their family resides, on suspicion of involvement in drug smuggling. The client had no knowledge of any involvement in drug smuggling and maintained their innocence. At the family’s request, I met with the client at the police station and provided legal advice, including guidance on exercising the right to remain silent during interrogation. As the client was an English speaker, communication proceeded smoothly. I continued to meet frequently with the client throughout the 20-day detention period. As a result, the client was released after detention due to insufficient evidence and was ultimately not prosecuted.

Key points:
In Japanese criminal procedures, it is common for suspects to be detained for 20 days after arrest, during which time police and prosecutors conduct repeated interrogations without the presence of legal counsel.

Legal Services for Small Businesses

In an increasingly globalized business environment, small businesses and sole proprietors in Japan often face challenges in navigating international transactions, which are often conducted in English. From drafting detailed English-language contracts to addressing disputes with overseas partners, having legal guidance tailored to your unique operations is essential. Retaining a bilingual lawyer with international experience ensures effective communication, limitation of risk exposure, and reliable support for your business needs now and with a vision to the future.

Drafting English terms of service for a sole proprietor in Japan commencing business activities for clients based overseas.

My client, a sole proprietor in Japan, needed to create terms of service for their international business operations. Given the global nature of the client’s customer base, the terms of service had to be prepared in English. I conducted a detailed consultation with the client regarding their business operations and key considerations, and subsequently drafted the terms of service in English.

Key points:
Even in the case of sole proprietors, the requirement to prepare contracts and terms or service in English for international business dealings is no different from that of a corporation. However, compared to SMEs, it may be even more challenging for sole proprietors to handle such matters by themselves.

Prompt response to a contractual dispute with a foreign company for a client under a retainer agreement.

A company in the aviation industry, with which I have a retainer agreement, faced a dispute with a foreign business partner over an increase in service fees. Since I was already well-acquainted with my client’s business operations, I was able to prepare the necessary document within a short timeframe to send to the partner company. The matter was then resolved through subsequent contract negotiations.

Key points:
A key advantage of having a retainer agreement with a lawyer is that regular consultations enable the lawyer to properly understand the nature of the client’s business operations, allowing for swift and effective responses when disputes arise.

Drafting an English contract for a Japanese SME engaging with a foreign business.

Prior to receiving a proposal for engagment from an overseas-based company, my client, a small to medium-sized Japanese business, had only ever conducted business with Japanese companies. The client needed to prepare an English-language contract as requested by the prospective foreign business partner. I carefully gathered details about the required contract terms from the client and drafted a contract in English tailored to the client’s operations and the proposed scope of business.

Key points:
In today’s globalized world, even Japanese SMEs increasingly interact with overseas business partners. For international business transactions, creating a detailed and well-structured contract is essential for risk mitigation.

Japan-related Inheritance

Inheritance matters involving Japan can be highly complex, particularly when multiple legal systems are involved. From determining applicable laws to managing procedures for Japanese assets like bank deposits and real estate, expert guidance is essential. Consulting a bilingual lawyer with expertise in international law matters ensures a smooth and compliant resolution, tailored to the unique aspects of cross-border inheritance cases and estate apportionment as intended.

Drafting a will for a Japanese client residing overseas with a foreign spouse.

My client, a Japanese citizen residing in the United Kingdom, was married to a British national, but held most of their assets in Japan. The client wished to leave a significant portion of the estate to their British spouse. I drafted a will in accordance with the client’s wishes to ensure their Japanese assets would be allocated appropriately.

Key points:
Laws governing wills and inheritance procedures can vary significantly by country. Therefore, it is essential advisable to first seek advice from a lawyer familiar with the laws of the country of one’s citizenship.

Assisting an American client with investigation and division of the estate after the death of a parent who had resided in Japan.

My client, an American citizen residing in the United States, had a parent who had lived in Japan for many years. When the parent passed away, they left assets including bank deposits in Japan, which required division of the estate. I was retained to conduct asset investigations on the client’s behalf in Japan, and facilitate inheritance negotiations between the client and other heirs.

Key points:
International inheritance cases are among the most complex legal matters. Determining which country’s laws apply can vary greatly depending on the situation, and identifying the appropriate procedures is difficult without expert guidance. When assets such as bank deposits or real estate remain in Japan, procedures like withdrawal of funds or changes to registration of property ownership must be carried out under Japanese law.

Civil Cases

Navigating civil cases in Japan, such as compensation claims for injuries or damages lawsuits, often requires dealing with complex legal procedures and negotiations either directly with third parties or via action taken in court. For non-Japanese speakers, challenges like communicating with insurance companies or pursuing legal action against a resident of Japan can be overwhelming. Hiring a bilingual lawyer ensures effective representation, clear communication, and the ability to handle all aspects of your case under Japanese law to pursue the best possible outcome.

Filing a damages claim and enforcing a bank account seizure for a foreign client who fell victim to fraud in Japan.

My client, a foreign national, was defrauded by a person residing in Japan and suffered significant financial losses. I was retained to file a damages claim on behalf of the client, which resulted in a favorable judgment and a court order for payment. Having secured the court order, I obtained information regarding the defendant’s bank accounts in Japan through the Japanese court system, and proceeded with a bank account seizure, recovering part of the damages.

Key points:
When filing a civil lawsuit for damages claims, it is often necessary to initiate legal proceedings in Japan if the defendant resides there. Moreover, if the defendant’s assets are located in Japan, obtaining a payment order from a Japanese court is crucial, as it is otherwise difficult to enforce the claim.

Secured compensation through negotiation on behalf of a foreign client involved in a traffic accident in Japan.

My client, a foreign national and English speaker, was involved in a traffic accident in Japan. Initially, the client attempted to negotiate compensation with the Japanese insurance company, but faced difficulties due to the language barrier. Acting as the client’s representative, I conducted the negotiations. The issue was resolved smoothly, and the client was satisfied with the amount of compensation.

Key points:
When a traffic accident occurs in Japan, negotiations with Japanese insurance companies are often necessary. For individuals who do not speak Japanese, progressing with such negotiations can be challenging. Additionally, Japan’s compensation system for traffic accidents is somewhat complex, making it advisable to consult a lawyer experienced in traffic accident cases.
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