FEE
Earth& Law Firm calculates attorneys fee basically based on "Japan Federation of Bar Associations Attorney Fees and Related Matters Regulation", and, depending on the difficulty of the case, amount of work required and other factors, we increase or decrease resulting amount of the basic fee calculation.
As for fee calculation of specific case areas, please read followings or directly contact us.
FEE CALCULATION FOR PRIMARY CASES
CALCULATION OF ATTORNEY FEE
CHAPTER 1: GENERAL RULES
OBJECT AND SUMMARY
Article 1. "Japan Federation of Bar Associations Atttony Fees and Related Matters Regulation" enacted by Japan Federation of Bar Associations was abolished in April 1, 2004. Thereafter each attorney or each law office had to establish rules on their own fees and related matters.
Accordingly, Earth& Law Firm established our rule on fees and related matters.
Our rule is basically based on "Japan Federation of Bar Associations Atttony Fees and Related Matters Regulation" stated above, and, depending on difficulty of the case, amount of work required and other factors, we increase or decrease resulting amount of the basic fee calculation.
TYPE OF ATTORNEY FEE
Article 2. Attorney fee includes legal advice fee, making written opinion fee, retainer fee, contingent fee, procedural fee, advisory lawer fee, daily allowance, investigation fee, translation fee, and so on.
Words appeared in the preceding section are defined as follows.
(1) Legal Advice Fee
consideration for provision of legal advices (including oral, written or through telephone, e-mail or facimile advices).
(2) Written Opinion Fee
consideration for providing written opinion on legal matters.
(3) Retainer Fee
consideration for undertaking cases, notwithstanding the case result.
(4) Contingent Fee
consideration for providing legal service, depending on the case result.
(5) Procedural Fee
basically, consideration for dealing with one-time procedure or providing one-time legal service.
(6) Advisory Lawyer Fee
consideration for continual advisory service in accordance with the contract between the client and attorneys.
(7) Daily Allowance
consideration for travelling time for dealing with the case.
(8) Investigation Fee
consideration for legal service in advance when the client and attorneys does not conclude a contract.
(9) Translation Fee
consideration for translation of foreign documents or materials into Japanese language.
TIME OF PAYMENT
Article 3. The client shall pay retainer fee when attorneys accept the representation, contingent fee when legal service terminates, and other fees when the client and attorneys agreed upon.
NUNBER OF CASES
Article 4. Attorney fee is calculated separetely and additionally based on each case. Attorney fee is calculated separetely and additionally based on each stage of case (e.g. negotiation, mediation, trial court, appellate court). Non-contention case is considered as one case regardless of multiple stages for fee calculation purpose.
2 When a non-contention case is changed to a contention case, attorneys fee is calculated separately and additionally for each case.
ATTORNEY FEE CLAIM
Article 5. Attorneys fee is calculated separateley for each and every client.
2 Despite provisions in Chapter 1 and 5 to 7, when the case falls under any of the following items and it leads to decrease of amount of work, attorneys may decrease attorney fee within reasonable scope.
(1) The client delegetes multiple cases and the object of each case is the same.
(2) Multiple clients delegate cases of same kind and the legal services required are common to certain degree among them.
3 When multiple attorneys accept the same case, the client shall pay attorney fee to each attorney calculated persuant hereto if each attorney and the client agree so.
FORMATION OF CONTRACT
Article 6. After acceptance of representation of the client, if necessary, attorneys shall execute written engagement agreement promptly.
MODIFICATION OF CONTRACT
Article 7. When, due to the change of the prospect of the case, financial conditions or other factors, and attorneys reasonably think agreed retainer fee is unreasonable, after discussing the client, attorneys may decrease retainer fee and increase contingent fee regardless of the provisions in Chapter 3.
INCREASE OF ATTORNEY FEE
Article 8. When the case is serious, complicated or requiring long period of time, and attorneys fee can not be reasonably calculated pursuant to the preceding article or the provisions in Chapter 2 to Chapter 4, or when this situation is found after the contract with the client, after discussing the client, attorneys may increase attorneys fee within reasonable scope.
EXCISE TAX
Article 9. The client shall pay to attorneys the amount corresponding to excise or consumption tax regarding the legal service.
2. When the tax rate changes in the future based on amendment of Consumption Tax Law or other related law, the client shall pay to attorneys the amount calculated based on the amended rate.
CHAPTER 2: LEGAL CONSULTATION
LEGAL ADVICE FEE
Article 10. Legal advice fee is caluclated as follows.
| ITEM | FEE |
|---|---|
| FIRST TIME LEGAL ADVICE FOR INDIVIDUALS | 5,000JPN / 30 minutes |
| ORDINARY LEGAL ADVICE | 5,000JPN-20,000JPN / 30 minutes |
2 First time legal advice for individuals said in the preceding section is defined as first-time legal advice to individuals on matters other than business matters or operational ones. Ordinary legal advice said in the preceding section is defined as legal advice other than first time legal advice for individuals.
WRITTEN OPINION FEE
Article 11. Written opinion fee is at or above 200,000JPN.
2 When the case is complicated or have special circumstances, attorneys may decrease or increase wrtten opinion fee after discussing the client.
CHAPTER 3: RETAINER FEE AND CONTINGENT FEE
DIVISION 1: CIVIL CASE (GENERAL RULE)
RETAINER FEE AND CONTINGENT FEE
Article 12. Retainer fee is calculated based on the economic interest the case involves, and contingent fee is calculated based on the ascertained amount (e.g. judgement, settlement); provided, however, that there are exceptions set forth herein.
ECONOMIC INTEREST WHEN THE CALCULATION IS POSSIBLE
Article 13. Economic interest said in the preceding article is calculated as follows; provided, however, that there are exceptions provided herein.
(1) For monetary interest, gross amount of the claim (including interests and arrears).
(2) For future claim, gross amount of the claim.
(3) For continual claim, 1/10 of gross amount of the claim; provided, however, that when the term of the continual claim is not specified, gross amount of the claim for 7-years period of time.
(4) For case involving increase or decrease of rent of real estate, difference between current rent and increased or decreased rent for 7-year period.
(5) For ownership, market price of the object.
(6) For possessory right, surface right, farming right, leasehold, leasehold for free, easement, or other similar real estate related rights, 1/2 of market price of the object; provided, however, that when market value of said right is over 1/2 of market value of the object, the former.
(7) For ownership of a building or a house, market value of the building or the house plus 1/3 of market value of the land. For possessory right, leasehold, leasehold for free, or similar rights, regarding a building or a house respectively, the amount calculated by the preceding item (6) plus 1/3 of market value of the land.
(8) For easement, 1/2 of market value of the servient estate.
(9) For security interests, gross amount of secured claim; provided, however, that when market value of the collateral is lower than the secured claim, the former.
(10) For claim for registration of ownership, possesory right, surface right, farming right, leasehold, leasehold for free, easement, security interests, or other real estate related rights, regarding real estate respectively, preceding items (5), (6), (8), and (9) apply mutatis mutandis.
(11) For claim for avoidance of fraudulent act of obligor, monetary amount of the fraudulent act; provided, however, that when the amount of the claim the claimant has agaist the obligor is lower than the monetary amount of the fraudulent act, the former.
(12) For division of co-owned property, 1/3 of market value of the property; provided, however, that when there is dispute only over the scope of the property or the share, the market value of the disputed property or share.
(13) For division of estate previously owned by a dead person, market value of the share of the claimant; provided, however, that, when there is no dispute over the scope of the estate, the share and so on at all, 1/3 of the market value of the share of the claimant.
(14) For claim for legally reserved portion of estate previously owned by a dead person, market value of the portion.
(15) For execution of lien secured for monetary claim, the amount of the claim; provided, however, that when market value of the collateral is lower than the amount of the claim, the former, considering the amount of the claims the other parties' mortgages or liens secure.
SPECIAL RULE FOR CALCULATION OF ECONOMIC INTEREST
Article 14. When the economic interest calculated according to the preceding article is clearly high based on the actual circumstances of the dispute, attorneys may decrease attorney fee within reasonable scope.
2 When the economic interest calculated according to the preceding article falls within any of the followings, attorneys may increase attorney fee within reasonable scope.
(1) The said economic interest only reflects part of the dispute and causes the economic interest clearly lower than the actual dispute.
(2) Solving the case gives to the client clearly higher actual interest than the economic interest.
ECONOMIC INTEREST WHEN THE CALCULATION IS NOT POSSIBLE
Article 15. When economic interest can not be calculated according to Article 13, the economic interest is deemed as 8 million JPN.
2 Attorneys may take into consideration difficulty or seriousness of the case, amount of the workload or time period required, substantial interest the client acquires, and other factors, and increase or decrease attorneys fee calculated according to preceding section within the reasonable scope after discussion with the client.
DIVISION 2: CIVIL CASE (ORDINARY CASE)
RETAINER FEE AND CONTINGENT FEE OF CIVIL CASE
Article 16. Attorney fees with regard to litigation, non-contention procedure, adjudication of domestic relations, and arbitration (excluding Arbitration Center cases set forth in the next article.), are calculated as follows.
| ECONOMIC INTEREST | RETAINER FEE | CONTINGENT FEE |
|---|---|---|
| UNDER 3,000,000JPN | 8% | 16% |
| 3,000,000-30,000,000JPN | 5% PLUS 90,000JPN | 10% PLUS 180,000JPN |
| 30,000,000-300,000,000JPN | 3% PLUS 690,000JPN | 6% PLUS 1,380,000JPN |
| ABOVE 300,000,000JPN | 2% PLUS 3,690,000JPN | 4% PLUS 7,380,000JPN |
2 Regardless of the preceding section, attorneys may, depending on the nature of the case and other factors, adopt following calculation formula which has the same rate of retainer fee and contingent fee.
| ECONOMIC INTEREST | RETAINER FEE AND CONTINGENT FEE |
|---|---|
| POTION OF LOWER THAN 500,000JPN | 15%, RESPECTIVELY |
| POTION OF 500,000-1,000,000JPN | 12%, RESPECTIVELY |
| POTION OF 1,000,000-3,000,000JPN | 10%, RESPECTIVELY |
| POTION OF 3,000,000-5,000,000JPN | 8%, RESPECTIVELY |
| POTION OF 5,000,000-10,000,000JPN | 7%, RESPECTIVELY |
| POTION OF 10,000,000-50,000,000JPN | 5%, RESPECTIVELY |
| POTION OF 50,000,000-100,000,000JPN | 4%, RESPECTIVELY |
| POTION OF 100,000,000-1,000,000,000JPN | 3%, RESPECTIVELY |
| POTION OF HIGHER THAN 1,000,000,000JPN | 2%, RESPECTIVELY |
3 Attorneys may consider nature of the case and other factors and increase or decrease retainer fee and contingent fee set forth in this article.
4 Regardless of section 1 and 2 of this article, when the same attorney continually represent the client in appellate or supreme court after representing the client in trial or appellate court, attorneys may decrease retainer fee for representation in the appellate or supreme court within reasonable scope.
5 Minimum retainer fee for the matters set forth in this article is 200,000 JPN.
MEDIATION AND NEGOTIATION
Article 17. For mediation, informal negotiation (hereinafter, "negotiation"), and the alternative dispute resolusion processes conducted by Japan Fedaration of Attorneys Associations Arbitration Center or similar entities (hereinafter, "arbitration center"), Article 16 applies; provided, however, that there are exceptions set forth herein.
However, attorneys may decrease these fees to 2/3 of the amount calculated pursuant to Article 16.
2 When the same attorney continually represent the client in mediation or arbitration procedure after representing the client in negotiation, attorneys may decrease retainer fee for representation in the mediation or arbitration procedure within reasonable scope; provided, however, that there are exceptions set forth herein.
3 When the same attorney continually represent the client in litigation (i.e. full hearing) after representing the client in mediation or arbitration procedure, attorneys may decrease retainer fee for representation in litigation to 1/3 of one calculated pursuant to Article 16; provided, however, that there are exceptions set forth herein.
4 Minimum retainer fee for the matters set forth in this article is 200,000 JPN.
NEGOTIATION FOR FORMATION OF CONTRACT
Article 18. For negotiation for formation of a contract (excluding the negotiation cases set forth in Article 17), retainer fee and contingent fee are 1/2 of the retainer fee and contingent fee calculated pursuant to Article 16, section 2.
2 Attorneys may consider nature of the case and other factors and increase or decrease retainer fee and contingent fee set forth in this article.
3 Minimum retainer fee for the matters set forth in this article is 200,000 JPN.
SUMMARY LITIGATION AND NEGOTIABLE INSTRUMENT LITIGATION
Article 19. For summary litigation or negotiable instrument litigation, Article 16 applies; provided, however, that there are exceptions set forth herein.
However, attorneys may decrease these fees to 1/2 of the amount calculated pursuant to Article 16.
2 When the same attorney continually represent the client in summary litigation or negotiable instrument litigation after representing the client in negotiation, mediation or arbitration procedure, retainer fee for representation in the summary litigation or negotiable instrument litigation is decreased to 1/2 of one calculated pursuant to Article 16; provided, however, that there are exceptions set forth herein.
3 Minimum retainer fee for the matters set forth in this article is 200,000 JPN.
TEMPORARY INJUNCTION
Article 20. For temporary injunction (including temporary seizure, temporary disposition, etc.), retainer fee is 1/2 of one calculated according to Article 16.
However, when attorneys have a hearing (including an ex-parte hearing), retainer fee is 2/3 of one calculated pursuant to Article 16.
2 When the temporary injunction case is serious or complicated, contingent fee for temporary injunction is 1/4 of one calculated pursuant to Article 16.
However, when court holds a hearing (including an ex-parte hearing), contingent fee is 1/3 of one calculated pursuant to Article 16.
3 Regardless of preceding section, when temporary injunction resolves the despute without full trial, contingent fee is equal to one calculated pursuant to Article 16.
4 For execution of temporary injunction order, when the case is serious or complicated, the client shall pay retainer fee and contingent fee for execution of the temporary injunction order additionally and separately from retainer fee and contingent fee for petition for temporary injunction order. In this case, the next article also applies.
5 The client shall pay retainer fee and contingent fee set forth in sections 1, 2 and 4 additionally and separately from retainer fee and contingent fee for litigation (i.e. full trial).
6 Minimum retainer fee for temporary injunction and execution of temporary injunction order are 200,000 JPN, separately.
EXECUTION OF JUDGEMENT
Article 21. For permanent injunction or specific performance (including permanent seizure, permanent disposition, etc.), retainer fee is 1/2 of one calculated pursuant to Article 16.
2 Contingent fee for permanent injunction or specific performance is 1/4 of one calculated pursuant to Article 16.
3 The client shall pay retainer fee and contingent fee for permanent injunction or specific performance additionally and separately from retainer fee and contingent fee for litigation (i.e. full hearing).
However, when the same attorneys continually represent the client in permanent injunction or specific performance after representating the client in the litigation, retainer fee for the permanent injunction or specific performance is 1/3 of one calculated pursuant to Article 16.
4 For suspention of permanent injunction or specific performance (including permanent seizure, permanent disposition, etc.), retainer fee is 1/2 of one calculated pursuant to Article 16.
However, when the same attorneys continually represent the client in suspention of permanent injunction or specific performance after representating the client in the litigation, retainer fee for suspention of permanent injunction or specific performance is 1/3 of one calculated pursuant to Article 16.
5 When the case of suspention of permanent injunction or specific performance is serious or complicated, contingent fee for suspention of permanent injunction or specific performance is 1/4 of one calculated pursuant to Article 16.
6 Minimum retainer fee for permanent injunction or specific performance or suspention of permanent injunction or specific performance are 100,000 JPN, separately.
DIVISION 3: CIVIL CASE (SPECIAL CASE)
DIVORCE
Article 22. Retainer fee and contingent fee for divorce cases are calculated as follows.
However, when the same attorneys continually represent the client in appellate or supreme court after representing the client in trial or appellate court, attorneys may decrease retainer fee for the representation in the appellate or supreme court within reasonable scope.
| STAGE | RETAINER FEE AND CONTINGENT FEE |
|---|---|
| MEDIATION, ARBITRATION, NEGOTIATION | 300,000-500,000JPN, SEPARATELY |
| LITIGATION | 400,000-600,000JPN, SEPARATELY |
2 When the same attorneys continually represent the client in mediation or arbitration after representating the client in negotiation, retainer fee for mediation or arbitration is 1/2 of one calculated pursuant to preceding section.
3 When the same attorneys continually represent the client in litigation (i.e. full hearing) after representating the client in mediation, retainer fee for the litigation is 1/2 of one calculated pursuant to section 1.
4 When cases set forth in this article accompany delivery of benefit (e.g. division of property, support payment, tort), Article 16 or 17 applies to the delivery of benefit additionally and separately from the attorney fee for divorce after discussion with the client.
5 Regardless of the preceding sections in this article, attorneys may consider financial condition, complicity of the case, amount of the workload and time period required, and other related factors and increase or decrease the attorneys fee after discussion with the client.
SPECIAL RULE FOR ADJUDICATION OF DOMESTIC RELATIONS
Article 23. For cases which belong to Article 9, Section 1, Item Kou (A) of Adjudication of Domestic Relations Law (including appointment of special agent, change of name, appointment of guardian or conservator, termination of adoption, appointment of administrator, appointment of temporary curator, extention of time period for inspection of asset, reincurnation of inheritance, probate, appointment of executor, reincurnation of legally reserved potion in estate), when the case is simple and clear, attorneys fee is 100,000-300,000 JPN.
However, when the case is found to take long time before or after undertaking the case, attorneys may receive retainer and contingent fee calculated pursuant to Article 16 or 17. In this case, the attorneys fee set forth in preceding paragraph is allotted to the retainer and contingent fee set forth in this paragraph.
BOUNDARY DISPUTE
Article 24. For boundary dispute, ownership dispute including dispute over property line, or other cases involving boundary dispute, retainer fee and contingent fee are 400,000 JPN, separately; provided, however, that when same attorneys continually represent the client in appellate or supreme court after representing the client in trial court or appellate court, attorneys may decrease retainer fee for representation in appellate or supreme court within reasonable scope.
2 When retainer fee or contingent fee calculated pursuant to Article 16 is lower than ones set forth in prededing section, the former applies.
3 For boundary dispute related mediation, arbitration, or negotiation, attorney may consider nature of the case and decrease retainer and contingent fee to 2/3 of the amount set forth in section 1 or 2.
4 For cases involving boundary dispute, when the same attorneys continually represent the client in mediation or arbitration after representating the client in negotiation, retainer fee for the mediation or arbitration is 1/2 of one calculated pursuant to section 1 or 2.
5 For cases involving boundary dispute, when the same attorneys continually represent the client in litigation (i.e. full hearing) after representating the client in mediation or arbitration, retainer fee for the litigation is 1/2 of one calculated pursuant to section 1 or 2.
6 Regardless of the preceding sections in this article, attorneys may consider financial condition, complicity of the case, amount of the workload and time period required, and other related factors and increase or decrease the attorneys fee after discussion with the client.
NON-CONTENTION LEASE PROCEDURE
Article 25. For non-contention lease procedure, atorneys fee are calculated as follows.
However, same attorneys continually represent the client in appellate or supreme court after representing the client in trial or appellate court, attorneys may decrease retainer fee for representation in the appellate or supreme court within reasonable scope.
| MARKET VALUE OF LEASEHOLD | RETAINER FEE |
|---|---|
| WHEN UNDER 50,000,000JPN | 300,000-500,000JPN |
| WHEN ABOVE 50,000,000JPN | 300,000-500,000JPN PLUS POTION OF OVER 50,000,000JPN X 0.5% |
2 For non-contention real estate lease case, attorneys fee are calculated as follows.
However, Attorneys may increase or decrease contingent fee within reasonable scope, after considering complicity of the case, amount of the workload and time period required, and other relevant factors and discussing with the client.
(1) For representation of plaintiff, economic interest is 1/2 of market value of the leasehold when the application is accepted by court; the same amount when right of intervention of the opponent party is permitted; and thereafter attorney fee is calculated based on the economic interest pursuant to Article 16, respectively.
(2) For representation of defendant, economic interest is 1/2 of market value of the leasehold when right of intervention is accepted by court; 7-years-period amount of the difference between increased or decreased rent and existing rent when increase or decrease of rent is admitted; 1/2 of the benefit when delivery of certain benefit (including payment of money) is admitted; and thereafter attorney fee is calculated based on the economic interest pursuant to Article 16, respectively.
(3) For non-contention real estate lease case related mediation, arbitration, or negotiation, attorneys may decrease fee to 2/3 of the amount calculated pursuant to section 1.
(4) For non-contention real estate lease related case, when same attorneys continually represent the client in mediation or arbitration after representing the client in negotiation, attorneys may decrease retainer fee for representation in the mediation or arbitration to 1/2 of the amount calculated pursuant to section 1.
(5) For non-contention real estate lease related case, when same attorneys continually represent the client in non-contention real estate procedure after representing the client in mediation, arbitration or negotiation, attorneys may decrease retainer fee for representation in the non-contention real estate procedure to 1/2 of the amount calculated pursuant to section 1.
INDIVIDUAL BANKRUPTCY
Article 27. Attorney fee for dealing with bankruptcy-related case for individual clients (excluding business entities) is calculated as follows
| TYPE | NATURE | FEE |
|---|---|---|
| BANKRUPTCY | COMMON CASE | AT OR ABOVE 270,000JPN |
| ADMINISTRATOR APPOINTED (INCLUDING SMALL AMOUNT CASE) | AT OR ABOVE 380,000JPN | |
| ACCOMPANYING DEBTS COLLECTION | RETAINER AND CONTINGENT FEE PURSUANT TO ARTICLE 16 ADDITIONALLY | |
| REORGANIZATION | COMMON CASE | AT OR ABOVE 380,000JPN |
| HOME LOAN RULE APPLIES | AT OR ABOVE 490,000JPN | |
| ACCOMPANYING DEBTS COLLECTION | RETAINER AND CONTINGENT FEE PURSUANT TO ARTICLE 16 ADDITIONALLY | |
| SETTLEMENT | RETAINER FEE (COMMON CASE) | 40,000JPN / CREDITOR |
| RETAINER FEE (SERIOUS OR COMPLICATED, INCLUDING LOAN TO BUSINESS OR ILLEGAL LOAN) | AT OR ABOVE 40,000JPN / CREDITOR | |
| CONTINGENT FEE | 1/10 (2/10 WHEN CASE SUITED) OF DIFFERENCE BETWEEN GROSS DEBTS AMOUNT BEFORE REPRESENTATION AND ONE AFTER SETTLEMENT |
CORPORATE BANKRUPTCY
Article 27. Attorney fee for dealing with bankruptcy-related case for corporate clients (including business entities) is calculated as follows.
| TYPE | NATURE | FEE |
|---|---|---|
| BANKRUPTCY | COMMON CASE | AT OR ABOVE 600,000JPN |
| ACCOMPANYING DEBTS COLLECTION | RETAINER AND CONTINGENT FEE PURSUANT TO ARTICLE 16 ADDITIONALLY | |
| REORGANIZATION WITH SUPERVISOR | COMMON CASE | AT OR ABOVE 1,000,000JPN |
| ACCOMPANYING DEBTS COLLECTION | RETAINER AND CONTINGENT FEE PURSUANT TO ARTICLE 16 ADDITIONALLY | |
| REORGANIZATION WITH ADMINISTRATOR | COMMON CASE | AT OR ABOVE 2,000,000JPN |
| ACCOMPANYING DEBTS COLLECTION | RETAINER AND CONTINGENT FEE PURSUANT TO ARTICLE 16 ADDITIONALLY | |
| SPECIAL LIQUIDATION | COMMON CASE | AT OR ABOVE 1,000,000JPN |
| ACCOMPANYING DEBTS COLLECTION | RETAINER AND CONTINGENT FEE PURSUANT TO ARTICLE 16 ADDITIONALLY | |
| SETTLEMENT | RETAINER FEE (COMMON CASE) | 80,000JPN / CREDITOR |
| RETAINER FEE (SERIOUS OR COMPLICATED, INCLUDING LOAN TO BUSINESS OR ILLEGAL LOAN) | 80,000JPN / CREDITOR | |
| CONTINGENT FEE | 1/10 (2/10 WHEN CASE SUITED) OF DIFFERENCE BETWEEN GROSS DEBTS AMOUNT BEFORE REPRESENTATION AND ONE AFTER SETTLEMENT |
2 When the cases set forth in preceding section terminate by liquidation, contingent fee is calculated as follows, based on the amount of the distribution asset.
(1) For collected or auctioned asset:
| DISTRIBUTION ASSET | CONTINGENT FEE |
|---|---|
| POTION OF UNDER 5,000,000JPN | 15% |
| POTION OF 5,000,000-10,000,000JPN | 10% |
| POTION OF 10,000,000-50,000,000JPN | 8% |
| POTION OF 50,000,000-100,000,000JPN | 6% |
| POTION OF ABOVE 100,000,000JPN | 5% |
(2) For the asset which the client or the related entities voluntarily provide:
| DISTRIBUTION ASSET | CONTINGENT FEE |
|---|---|
| POTION OF UNDER 50,000,000JPN | 3% |
| POTION OF 50,000,000-100,000,000JPN | 2% |
| POTION OF ABOVE 100,000,000JPN | 1% |
3 When the cases set forth in section 1 terminate because of release from debts, grace period given by creditors, continuance of the entities, or other similar reasons, section 2 applies.
4 When court procedures are used to deal with the cases set forth in section 1, attorneys receive fee calculated pursuant to this chapter additionally and separately from this article.
DIVISION 4: ADMINISTRATIVE PROCEDURE
OBJECTION TO ADMINISTRATIVE DISPOSITION
Article 28. Attorney fee concerning administrative procedures, including objection to, administrative review of, and second administrative review of administrative disposition, is 2/3 of retainer fee calculated pursuant to Article 16 and 1/2 of contingent fee calculated pursuant to Article 16.
However, when court holds a hearing (including an ex-parte hearing), Article 16 applies.
2 Minimum retainer fee for dealing with the case set forth in preceding section is 200,000 JPN.
DIVISION 5: CRIMINAL CASE
RETAINER FEE OF CRIMINAL CASE
Article 29. For criminal case, retainer fee is calculated as follows.
| STAGE | NATURE | RETAINER FEE |
|---|---|---|
| PRIOR TO PROSECUTION | SIMPLE AND CLEAR | 200,000-500,000JPN |
| OTHER THAN SIMPLE AND CLEAR | AT OR ABOVE 300,000JPN | |
| AFTER PROSECUTION (TRIAL COURT) | SIMPLE AND CLEAR | 200,000-500,000JPN |
| OTHER THAN SIMPLE AND CLEAR | AT OR ABOVE 300,000JPN | |
| AFTER PROSECUTION (APPELLATE AND SUPREME COURT) | SIMPLE AND CLEAR | 200,000-500,000JPN |
| OTHER THAN SIMPLE AND CLEAR | AT OR ABOVE 300,000JPN | |
| AFTER PROSECUTION (RETRIAL COURT) | AT OR ABOVE 500,000JPN | |
| APPLICATION FOR RETRIAL | AT OR ABOVE 500,000JPN |
2 Simple and clear case set forth in preceding section is defined as expected to be not complicated, not difficult and requiring little amount of workload, and there is no dispute over factual claims.
CONTINGENT FEE OF CRIMINAL CASE
Article 30. For criminal case, contingent fee is calculated as follows
| STAGE | NATURE | RESULT | CONTINGENT FEE |
|---|---|---|---|
| PRIOR TO PROSECUTION | SIMPLE AND CLEAR | NO PROSECUTION | 300,000-500,000JPN |
| SUMMARY ORDER | 300,000-500,000JPN | ||
| OTHER THAN SIMPLE AND CLEAR | NO PROSECUTION | AT OR ABOVE 300,000JPN | |
| SUMMARY ORDER | AT OR ABOVE 300,000JPN | ||
| AFTER PROSECUTION (TRIAL, APPELLATE, SUPREME AND RETRIAL COURT) | SIMPLE AND CLEAR | SUSPENDED | 300,000-500,000JPN |
| SENTENCED LESS THAN DEMANDED | 300,000-500,000JPN | ||
| OTHER THAN SIMPLE AND CLEAR | SUSPENDED | AT OR ABOVE 500,000JPN | |
| SENTENCED LESS THAN DEMANDED | AT OR ABOVE 500,000JPN | ||
| APPEAL BY PROSECUTOR DISMISSED OR REJECTED | AT OR ABOVE 500,000JPN | ||
| FOUND NONGUILTY | AT OR ABOVE 600,000JPN | ||
| RETRIAL | DECIDED TO HEAR CASE | AT OR ABOVE 500,000JPN |
2 Simple and clear case set forth in preceding section is defined as expected to be not complicated, not difficult and requiring little amount of workload, and there is no dispute over factual claims.
CONTINUOUS REPRESENTATION OF CRIMINAL CASE
Article 31. When same attorneys continually represent the client in the criminal case after prosecution, after representing the client in the criminal case before prosecution, attorneys shall receive retainer fee calculated pursuant to Article 29 for representation in criminal case after prosecution additionally and separately from the retainer fee for representation in the criminal case before prosecution.
However, when the criminal case is simple and clear, attorneys may decrease the retainer fee for representation in criminal case after prosecution to 1/2 of the amount of one for representation in the criminal case before prosecution.
2 Regardless of Article 29 and 30, for criminal cases, when same attorneys represent the client in appellate or supreme court after representing the client in trial court, attorneys may decrease retainer fee for the representation in appellate or supreme court within reasonable scope.
3 When attorneys accept an additional criminal case of the same client, attorneys may decrease retainer and contingent fee for representation in the additional case within reasonable scope if the nature of the additional case is of same king as original one and therefore amount of workload is substantially decreased.
VOLUNTARY DISMISSAL
Article 32. When prosecutor voluntarily dismisses appeal, when prosecution or appeal by prosecuter is dismissed, rejected, or quashed and remanded or decided by appellate or supreme court, or when prosecution is subject to a statute of limitations, Article 30 applies after considering amount of workload and consumed time.
BAIL
Article 33. For petition for bail, petiton for suspention of detention, complaint, immediate complaint, quasi-complaint, and claim to disclose reasons for detention, retainer fee and contingent fee are at or above 100,000 JPN, respectively / each petition, complaint or claim.
ACCUSATION
Article 34. For accusation, petition for review of non-prosecution by review panel, and petition for probation, retainer fee and contingent fee are at or above 200,000 JPN, respectively / each accusation or petition.
DIVISION 6: JUVENILE DELINQUENCY CASE
RETAINER FEE AND CONTINGENT FEE OF JUVENILE DELINQUENCY CASE
Article 35. For juvenile delinquency case (including under investigation by officers of minors under suspect of delinquency), retainer fee is calculated as follows.
| STAGE | RETAINER FEE |
|---|---|
| BEFORE AND AFTER REFERRED TO FAMILY COURT | 300,000-500,000JPN, RESPECTIVELY |
| COMPLAINT, RE-COMPLAINT, REVOCATION OF PROTECTIVE DETENTION | 300,000-500,000JPN |
2 For juvenile delinquency case, contingent fee is calculated as follows.
| RESULT | CONTINGENT FEE |
|---|---|
| FOUND NO DELINQUENCY | AT OR ABOVE 300,000JPN |
| OTHER RESULTS | 300,000-500,000JPN |
3 Attorneys may consider seriousness of the case, whether or not the minor is referred to Family Court, whether or not the minor is detained, whether or not there is dispute over factual claims, workload required for coordinating surroundings of the minor, whether or not there is protective detention, and whether or not there is examination and observation proceeding, and increase or decrease attorneys fee calculated pursuant to section 1 and 2 within reasonable scope after discussion with the client.
CONTINUOUS REPRESENTATION OF FAMILY COURT CASE
Article 36. Regardless of Article 4, when same attorneys continually represent a minor for juvenile delinquency case in Family Court after representing the minor for the juvenile delinquency case before referred to Family Court, the two representations are deemed as one case for attorneys fee calculation purpose.
2 Regardless of preceding section, when same attorneys continually represent a minor for juvenile delinquency case in appellate or supreme court after representing the minor for the juvenile delinquency case in trial or appellate court, attorneys may decrease retainer fee for representation in the appellate or supreme court within reasonable scope.
3 When attorneys accept an additional juvenile delinquency case of the same minor, attorneys may decrease retainer and contingent fee for representation in the additional case within reasonable scope if the nature of the additional case is of same king as original one or the additional case is expected to be jointly heared with original one, and therefore amount of workload is substantially decreased.
4 When a juvenile delinquency case is found to be appropriate for criminal charge and the case is referred to prosecutor, attorneys fee for representation in the formal criminal case is calculated pursuant to this Chapter, Division 5.
However, when same attorneys continually represent a client in formal criminal case after representing the client in juvenile delinquency case, attorneys may decrease retainer fee for representaion in formal criminal case within the scope of retainer fee already received for representation in juvenile delinquency case, considering already provided amount of workload.
DIVISION 4: IN COURT PROCEDURE
COURT PROCEDURE
Article 37. For court procedures, attorneys fee is calculated as follows, based on economic interest; provided, however, that there are exceptions set forth herein.
PRESERVATION OF EVIDENCE
Article 38. For preservation of evidence, attorneys fee is 200,000 JPN plus 1/10 of the retainer fee calculated pursuant to Article 16.
SUMMARY SETTLEMENT PROCEDURE
Article 39. For summary settlement procedure, attorneys fee is calculated as follows, based on economic interest.
| TYPE | ECONOMIC INTEREST | FEE |
|---|---|---|
| NEGOTIATION NEEDED | BELOW 3,000,000JPN | 100,000JPN |
| 3,000,000JPN-30,000,000JPN | 1% PLUS 100,000JPN | |
| 30,000,000JPN-300,000,000JPN | 0.5% PLUS 400,000JPN | |
| ABOVE 300,000,000JPN | 0.3% PLUS 1,900,000JPN | |
| NEGOTIATION UNNEEDED | RETAINER AND CONTINGENT FEE PURSUANT TO ARTICLE 17 |
NOTICE BY PUBLICATION
Article 39. For notice by publication, attorneys fee is calculated as follows.
| ECONOMIC INTEREST | FEE |
|---|---|
| BELOW 3,000,000JPN | 100,000JPN |
| 3,000,000JPN-30,000,000JPN | 1% PLUS 100,000JPN |
| 30,000,000JPN-300,000,000JPN | 0.5% PLUS 400,000JPN |
| ABOVE 300,000,000JPN | 0.3% PLUS 1,900,000JPN |
FILING OF PROOF OF CLAIM
Article 41. For filing of proof of a claim in bankruptcy related proceedings, attorneys fee is 50,000-100,000 JPN.
COMPLICATED OR SPECIAL CIRCUMSTANCES
Article 42. When there are complicated or special circumstances, attorneys may increase attorneys fee set forth in this chapter within reasonable scope.
CHAPTER 5: OUT OF COURT PROCEDURE
OUT OF COURT PROCEDURE
Article 43. For out of court procedures, attorneys fee is calculated as follows, based on economic interest; provided, however, that there are exceptions set forth herein.
INVESTIGATION FEE
Article 44. For investigation, attorneys fee is calculated as follows.
| TYPE | FEE |
|---|---|
| INVESTIGATION BEFORE UNDERTAKING | AT OR ABOVE 50,000JPN |
| INVESTIGATION ON LEGAL MATTERS (INCLUCING FACTUAL MATTERS) | AT OR ABOVE 50,000JPN |
MAKING WILL
Article 45. For drafting, making or reviewing a will, attorneys fee is calculated as follows.
| TYPE | ECONOMIC INTEREST | FEE |
|---|---|---|
| REGULAR | AT OR ABOVE 100,000JPN | |
| IRREGULAR | BELOW 3,000,000JPN | 200,000JPN |
| 3,000,000JPN-30,000,000JPN | 1% PLUS 200,000JPN | |
| 30,000,000JPN-300,000,000JPN | 0.3% PLUS 500,000JPN | |
| ABOVE 300,000,000JPN | 0.1% PLUS 2,000,000JPN | |
| NOTARIZED DEED | SAID FEE PLUS AT OR ABOVE 30,000JPN |
EXECUTION OF WILL
Article 46. For execution of a will, attorneys fee is calculated as follows.
| ECONOMIC INTEREST | FEE |
|---|---|
| BELOW 3,000,000JPN | 300,000JPN |
| 3,000,000JPN-30,000,000JPN | 2% PLUS 300,000JPN |
| 30,000,000JPN-300,000,000JPN | 1% PLUS 900,000JPN |
| ABOVE 300,000,000JPN | 0.5% PLUS 3,900,000JPN |
FORMATION OF CORPORATION
Article 47. For formation of a corporation, increase or decrease of capital, mergers and acquisitions, division of a corporation, reorganization, ordinary liquidation, attorneys fee is calculated as follows, considering economic interest as the higher amount between capital amount and gross asset.
| ECONOMIC INTEREST | FEE |
|---|---|
| AT OR BELOW 10,000,000JPN | 4% |
| 10,000,000JPN-20,000,000JPN | 3% PLUS 400,000JPN |
| 20,000,000JPN-100,000,000JPN | 2% PLUS 1,000,000JPN |
| 100,000,000JPN-200,000,000JPN | 1% PLUS 3,000,000JPN |
| 200,000,000JPN-2,000,000,000JPN | 0.5% PLUS 5,000,000JPN |
| ABOVE 2,000,000,000JPN | 0.3% PLUS 15,000,000JPN |
2 Minimum attorneys fee for mergers and acquisitions or division of a corporation is 2,000,000 JPN. Minimum attorneys fee for ordinary liquidation is 1,000,000 JPN. Minimum attorneys fee for other procedures is 100,000 JPN.
APPLICATION FOR REGISTRATION
Article 48. For application for registration of matters other than formation of a corporation, attorneys fee is 50,000 JPN/application.
SHAREHOLDERS MEETING
Article 49. For holding a shareholders meeting, attorneys fee is calculated as follows.
| TYPE | FEE |
|---|---|
| COMMON | AT OR ABOVE 300,000JPN |
| INCLUDING PREPARATION FOR SHAREHOLDERS MEETING | AT OR ABOVE 500,000JPN |
CERTIFICATE OF CONTRIBUTION IN KIND
Article 50. For certificate of contribution in kind, attorneys fee is at or over 300,000 JPN / document.
CONSERVATORSHIP
Article 51. For voluntary conservatorship or administration of property, attorneys fee is calculated as follows.
| TYPE | FEE |
|---|---|
| INVESTIGATION OF COMPENTENCY OF CIVIL ACT, ASSET, AND OTHER MATTERS REQUIRED | AT OR ABOVE 50,000JPN |
| VISIT FOR INVESTIGATION OF COMPENTENCY OF CIVIL ACT AND OTHER MATTERS AFTER EXECUTION OF CONTRACT | 10,000JPN-50,000JPN / VISIT |
| BASIC AFFAIRS FOR DAILY LIFE | 10,000JPN-50,000JPN / MONTH |
| ADMINISTRATION OF PROFITABLE REAL ESTATE AND OTHER CONTINUAL AFFAIRS (INCLUDING BASIC AFFAIRS) | 30,000JPN-100,000JPN / MONTH |
| AFFAIRS OHTER THAN BASIC OR CONTINUAL ONES, OR COURT PRODEEDINGS USED | ADDITIONAL FEE SET FORTH HEREIN |
ISSUE OF A COPY OF A REGISTER
Article 52. For issue of a copy of a register, an abstract of a family register, and a certificate of residence, attorneys fee is 10,000 JPN / document.
COMPLICATED OR SPECIAL CIRCUMSTANCES
Article 53. When there are complicated or special circumstances, attorneys may increase attorneys fee set forth in this chapter within reasonable scope.
CHAPTER 6: TIME CHARGE
TIME CHARGE
Article 54. After discussion with the client, attorneys may charge attorney fee for worked time on an hourly basis without compliance to the contradicting terms herein. When adopting this arrangement, the client shall pay agreed fee per hour multiplied by hours (including travelling time) worked.
2 Minimum fee per hour set forth in preceding section is 5,000 JPN / 15minutes.
However, for time period short of 15 minutes is calculated as 15 minutes for the purpose of calculation of time charge (i.e. rounding up).
3 Attorneys shall consider difficulty, seriousness, specialty, and novelty of the case, experience of the attorney, and other related factors, and set fee per hour set forth in section 1.
4 Attorneys may require appropriate amount of time charge fee in advance.
5 When attorneys fee is calculated other than time charge and there is an agreement between attorneys and the client in advance on limitaion of time amount covered by the fee agreement, section 1 to 3 apply to the exceeding time.
CHAPTER 7: ADVISORY LAWYER
ADVISORY LAWYER
Article 55. For an advisory lawyer contract, attorneys fee is calculated as follows.
BUSINESS OPERATOR: AT OR OVER 100,000 JPN / MONTH
NON BUSINESS OPERATOR: AT OR OVER 10,000 JPN / MONTH
2 Regardless of preceding section, for a business operator, attorneys may consider scale of the business, nature of the legal advice, estimated amount of the work, and other relevant factors, and increase or decrease advisory lawyer fee, and may decrease to 50,000 JPN / month depending on the factors.
3 Legal services covered by an advisory lawyer contract are decided after discussion with the client. When there is no such decision, legal services covered are limited to provision of ordinary legal advices provided through telephone, facimile or e-mail.
4 When adopting time charge for an advisory lawyer contract, attorneys may require attorneys fee in advance, calculated based on estimated time. In this case, for the services exceeding the estimated time, the client shall pay the corresponding attorneys fee.
5 For details of legal services covered (e.g. investigation of legal matters, drafting of an contract, writing a written legal opinion letter or other papers, legal advice for a contract negotiation at the scene, legal acvice for the employees, legal advice for shareholders meeting, legal advice for shareholders meeting at the scene, holding lecture) and treatment of actual expenditures for providing legal services (e.g. travelling cost, communication cost) are decided in the advisory lawyer contract in advance after discussion with the client.
However, attorneys may discuss with the client how to deal with these matters later whithout stipulating to in the advisory lawyer contract.
CHAPTER 8: DAILY ALLOWANCE
DAILY ALLOWANCE
Article 56. Daily allowance is calculated as follows.
| TIME | DAILY ALLOWANCE |
|---|---|
| HALF DAY (2-4HOURS FOR ROUND TRIP) | 30,000-50,000JPN |
| FULL DAY (OVER 4 HOURS FOR ROUND TRIP) | 50,000-100,000JPN |
2 Regardless of preceding section, attorneys may increase or decrease daily allowance set forth in preceding section after discussion with the client.
3 Attorneys may require estimated daily allowance in advance.
DAILY ALLOWANCE FOR APPEARANCE IN COURT
Article 57. When daily allowance for appearance in court is agreed between attorneys and the client, the daily allowance is calculated as follows.
For litigation, non-contention court procedure, adjudication of domestic relations, administrative review, arbitration, mediation, criminal case and juvenile delinquency case, daily allowance for appearance in court is 100,000 JPN / appearance.
2 Despite the preceding section, attorneys may increase or decrease the daily allowance caluculated pursuant to the preceding section within reasonable scope after discussion with the client.
3 Attorneys may require estimated daily allowance for appearance in court in advance.
CHAPTER 9: ACTUAL EXPENDITURES
ACTUAL EXPENDITURES
Article 58. The client shall pay to attorneys tax, postage, printing cost, copying cost, travelling cost, hotel cost, deposit and other actual cost or expenditure required for providing legal service, as well as attorneys fee.
2 Attorneys may require estimated actual expenditures in advance.
3 When the received expenditures set forth in preceding section is short or expected to be short of the actual expenditures, attorneys may request the client for the additional payment.
4 When the received expenditures set forth in this article is not used in all or part, the remaining amount is returned when the case terminates.
TRAVEL
Article 59. When attorneys travel for dealing with the case, attorneys may use or stay the transportation or hotel of the grade attorneys and the client agrees in advance.
However, when attorneys can not or does not discuss with the client this matter in advance, attorneys may use or stay the transportation or hotel of the middle grade.
CHAPTER 10: ADJUSTMENT OF CONTRACT
TERMINATION OF CONTRACT
Article 60. When the contract between attorneys and the client terminates before the case is resolved, because of discharge, withdrawal, difficulty in performing the legal service or other reasons, attorneys may discuss the client, consider amount of work already provided and other related factors, and return all or part of attorneys fee already received or claim all or part of attorneys fee not yet received.
2 When the contract between attorneys and the client terminates before the case is resolved, and the reason for the termination is solely attributed to attorneys, attorneys shall return all of the attorneys fee already received.
However, in this case, when attorneys already have provided important part of legal service, attorneys, after discussion with the client, does not need to return all or part of the attorneys fee.
3 When the contract between attorneys and the client terminates before the case is resolved, and the reason for the termination is solely attributed to client, the client shall pay all of the attorneys fee.
DEALING WITH TERMINATION OF CONTRACT
Article 61. When the client does not pay attorneys fee, costs, or expenditures in time, attorneys do not need to undertake the case or may withdraw from the case.
2 When attorneys send notice on the matters set forth in preceding section, attorneys may send the notice to the address the client communicated to attorneys beforhand.
OFFSET OF ATTORNEY FEE
Article 62. When the client does not pay attorneys fee, costs, or expenditures in time, attorneys may set off the amount against the debt owed by attorneys to the client, and do not need to return documents or other materials related to the case.
2 When attorneys send notice on the matters set forth in preceding section, attorneys may send the notice to the address the client communicated to attorneys beforhand.
THE SUBJECT ENDS HEREWITH
