1

Qualification

Who governs you?

We are authorised and regulated by the Fukuoka Bar Association (‘FBA’) and the Japan Federation of Bar Associations (‘JFBA’).


What is your registration number?

The attorney’s, Atsushi Miyake, registration number is 40002.

You can find information on the FBA’s website (Japanese) and the JFBA’s website (Japanese).


2

Geographic coverage

Where are you based?

We have an office in Fukuoka, although we can work in any area in Japan.


Can you handle litigation against a company in Tokyo?

Yes. We are always handling several cases in Tokyo.

As the attorney was working at a city law firm in Tokyo, we are familiar with the legal practice and community there.


How about other cities?

If the case is debt recovery, we work in any area in Japan as no personal attendance is required.

However, if it is a dispute resolution or other cases, we might advise you to look for another law firm, depending on the case and the place.

We have mainly been engaged in the following areas:

  1. Kyushu (Fukuoka, Saga, Nagasaki, Kumamoto, Oita, Miyazaki and Kagoshima); and
  2. Tokyo.

3

Consultation

Do I need to visit you at your office?

It’s up to you. If you are located outside of Japan, we may discuss the matter through email, phone and/or online meeting (i.e. Zoom, Microsoft Teams…).


Where can I have a face-to-face meeting?

Our office (view map), the Fukuoka Bar Association Building (view map), or a location of your choice, as the case may be.


How much does it cost for the initial consultation?

Generally, we charge ¥10,000 (excl. tax) for a face-to-face meeting up to 1 hour.

However, if you hire us after the initial consultation, we normally treat the meeting fee as part of the retainer fee.

We do not normally charge a fee for an online meeting.


4

Litigation costs

What is a success fee?

If the client recovers a debt or damages, in whole or in part, our fee is an agreed percentage of the recovered amount.

If the client recovers ¥3,000,000 and the success fee is set at 20% then the success fee will be ¥600,000 (excl. tax).


Does the cap include a consumption tax?

No. The cap does not include a consumption tax in Japan (equivalent to VAT, GST or sales tax in some other countries) and the client remains liable for paying consumption tax.

The rate is 10% as of 1 October 2019. So if the success fee is ¥600,000, the consumption tax will be ¥60,000 (¥600,000*0.1) and the client pays us a fee of ¥660,000 (incl. tax).


Does the cap include disbursements?

No. The client remains responsible for paying disbursements.


What are disbursements?

Disbursements generally include court fees, courier fees, search fees, translation fees and travel expenses.


How much are court fees?

Please refer to the Court Fee Schedule.

If the client claims for ¥3,000,000 at first instance (i.e. a District Court), ¥20,000 is to be paid as a court fee.


Can the success fee be recovered from the other (unsuccessful) party?

No. Generally, each party must pay its own attorneys’ fees, except the contract in dispute states otherwise or in certain grievous tort cases.


5

Interest

Can interest be charged on late payment?

Yes. The statutory interest rate in Japan is 3% as of 1 April 2020* (Article 404(2), Civil Code). You can claim an agreed interest if there’s a different rate of interest in the contract.


6

Limitation periods

Contractual claims

5 years in most cases (Article 166(1), Civil Code).


Tort claims

3 years from when the right holder (1) discovers that he has suffered damage; and (2) knows the identity of the person or entity liable for the damage (Article 724, Civil Code).

7

Language in the court

In Japanese court proceedings, the parties are required to use the Japanese language (Article 74, Court Act) and all evidence submitted in a foreign language must be accompanied by a Japanese translation (Article138(1), Rules of Civil Procedures).