English Language Legal Representation in Japan: Tokyo Law Firm with Japanese and American Lawyers.

English Language Legal Representation in Japan: Tokyo Law Firm with Japanese and American Lawyers.

27th Jul 2023

English Language Legal Representation in Japan: Tokyo Law Firm with Japanese and American Lawyers.

If your company want to expand business to Japan, you have various options to build up your business here. Your project might be located outside of Tokyo, like Okinawa or Niigata. But it’s quite hard to find international law firms outside of Tokyo so you might go to international law firms in Tokyo.

If your project size is huge, you can hire multi-national law firms which have their offices in Tokyo. There are several international law firms in Tokyo. However, not all of those cross-border project have over 100 million USD investment. How do you deal with mid-size or small size cross-border projects?

Even though the project is not huge, its complexity could be similar to the huge one. You have to deal with negotiation for business contract with Japanese people. You have to do legal due diligence, financial due diligence, and so forth. You need to explore government record in Japanese while it’s not easy to understand it.

In that case, you have two options to have external support. The first one is to hire foreign lawyers in Japan who can speak in English. In Japan, foreign lawyers are permitted to work in Japan only if they just advice foreign law matters basically. They are registered at Japanese Federation of Bar Association. Meantime, they are not admitted to practice Japanese law generally. Therefore, you will face difficulties in terms of your Japan business.

The second option is to hire a lawyer admitted in Japan who can speak in English. Meantime, quite few Japanese lawyers speak English actually. Some lawyers might use translator to deal with it, but it takes time. It’s quite difficult to translate legal jargons so this measure might not work for your business.

If you want to find Japanese lawyers who can speak in English, it’s good to go to big laws which have Japanese lawyers with New York bar qualifications. However, in case that your project size is small or mid-size, it will not economically reasonable.

In Japan, there are around forty thousand lawyers in Japan. There are four or five big laws. There are several midsize law firms. Almost 80% of law firms have one or two lawyers. Each of them has their expertise but it’s not easy to find out small or midsize law firms focusing on cross border transaction because the number of lawyers is much smaller than US.

Expanding a business to Japan and navigating cross-border projects can indeed present various challenges, especially when dealing with legal matters.

Some possible strategies to consider for mid-size or small cross-border projects:

  1. Local Business Partners: Consider partnering with a local Japanese company or business consultant who has experience in dealing with cross-border projects. They can provide valuable insights into the Japanese market, help with negotiations, and facilitate communication with Japanese counterparts.
  2. Legal Consultants: Engage legal consultants or advisors with expertise in cross-border transactions. These consultants may not be full-fledged law firms but can offer specialized services tailored to your project’s legal needs at a more cost-effective rate.
  3. Law Firms with Regional Presence: Look for law firms that may not have offices in Tokyo but have a regional presence in Japan. These firms might have local expertise and experience in cross-border transactions, even if they are not among the largest international firms.
  4. Specialized Legal Service Providers: Explore specialized legal service providers that focus on cross-border projects. While not traditional law firms, these providers may have experienced professionals who can handle specific legal aspects of your project.
  5. In-House Legal Team: If your business has a legal department, consider hiring bilingual legal professionals who have experience in dealing with Japanese law or cross-border matters. This can help streamline communication and reduce translation-related delays.
  6. Legal Tech Solutions: Consider leveraging legal technology solutions that can assist with document translation, contract analysis, and legal research. While not a substitute for legal expertise, these tools can help improve efficiency and understanding.
  7. Language Support and Translation Services: Engage professional language support services to bridge the communication gap between your team and Japanese counterparts. This can help facilitate negotiations and understanding of government records.
  8. Government Liaison Services: Partner with local consultants who specialize in dealing with government authorities and navigating regulatory processes in Japan. They can assist with legal due diligence and compliance matters.
  9. Networking and Referrals: Leverage your network or seek referrals from other businesses that have successfully conducted cross-border projects in Japan. They may recommend suitable legal service providers or offer valuable insights.
  10. Japanese Law Schools and Associations: Reach out to Japanese law schools or legal associations that might have English-speaking lawyers or recent graduates with an interest in cross-border transactions.

On top of that, it’s rare to have business experience before becoming a lawyer since it takes so long time to become a lawyer. Some of Japanese lawyers might not be familiar with financial statement.

Hattori Law has a Japanese lawyer qualified in Japan and New York, USA. He worked for City Government of Yokohama, a law firm, and general contractor as an in-house counsel. He is familiar with cross-border cases. He also has deep insights on regulatory matters since he was in public sector previously.

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