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Attorney¡Çs fees

Attorney¡Çs fees * Below is the standard fees/costs based on general cases. Since the fees/costs are subject to vary based on the attorney responsible, please ask the attorney for details. ¡ÚQuestion¡ÛFees/costs necessary for vacating a room (compulsory execution) I own and manage a studio apartment and am renting the room concerned. (the price of fixed asset is 10 million JPY) The renter of this room has failed to pay the rent fee for 6 (six) months and I cancelled the lease agreement, however, the renter is staying in the room even after the cancellation. How much does it cost me to evacuate the room compulsorily? ¡ÚAnswer¡Û* based on the practice of the District Court of Tokyo (as of March, 2019) Attorney¡Çs fees at the time of commencement: 350,000 JPY (tax excluded)¡Á at the time of compulsory execution:100,000 JPY (tax excluded)¡Á at the time of completion: 350,000 JPY (tax excluded)¡Á the cost of revenue stamps when petitioning a lawsuit 18,000 JPY the cost of stamps when petitioning a lawsuit 6,000 JPY the cost of revenue stamps when acquiring the execution sentence 300JPY the cost of revenue stamps when acquiring the certification of delivery 150 JPY prepayment when petitioning compulsory execution 65,000 JPY ¡Êbreakdown: fee for bailiff, fee for attendance, transportation expenses, fee for clerk, fee for mailing¡Ë Fee for assistant 18,000 JPY Fee for assistant on the day of execution 30,000 JPY Fee for work 230,000 JPY¡Êbreakdown: fee for transportation/ 25,000 JPY, fee for packing material/ 5,000 JPY, fee for disposal/ 100,000 JPY, fee for labour/ 100,000 JPY¡Ë ¡ÚTotal¡Û 1,167,450 JPY (tax excluded) ¡Á ¡½ Explanation ¡½ ¡Ú£±¡ÛWhen petitioning a compulsory execution, you need to prepare ¡Èthe sentence of execution¡É, ¡Ètitle of obligation¡É and ¡Èthe certification of delivery.¡É Since the typical title of obligation is usually judgment, you should petition a lawsuit in order to obtain the judgment. ¡Ú£²¡ÛThe cost of revenue stamps varies based on the amount you claim. (For example, 10,000 JPY of revenue stamps are required for claiming 1 million JPY and 50,000 JPY of revenue stamps are required for claiming 10 million JPY.) When petitioning a lawsuit claiming the vacating of a room, the amount of claiming is deemed to be 1/4 of the price of fixed asset concerned. In case the price of fixed asset is 10 million JPY, the amount of claiming would be 2.5 million JPY. (the cost of revenue stamps would be 18,000 JPY) Moreover, the certification of the price of fixed asset (Kotei-Shisan-Hyoka-Shomei-Sho) is issued by public office of which the building concerned is located. Also, in case the building owned by school or religious corporation and the building concerned does not have the price of fixed asset (buildings that are not subject to be taxed), you would calculate the amount of claiming by ¡Èstandard amount/­Ö that each city establishes¡ßthe width¡ßdepreciation level by the years since the building has built ¡ß0.5.¡É ¡Ú£³¡ÛAfter obtaining the title of obligation (judgment), you should acquire ¡Èthe execution sentence¡É and ¡Èthe certification of delivery¡É and submit these to the court in order to petition the compulsory execution of room. At the time of petitioning, you need to prepay the fee for bailiff and transportation expenses, etc to the court. Transportation expenses differ greatly based on the location of building, however, the remaining amount would be returned when the process of execution is completed. The amount of prepayment differs from court to court: it is around 65,000 JPY to 70,000 JPY. (in case of the District Court of Tokyo, 65,000 JPY and in case of District Court of Yokohama, 70,000 JPY) ¡Ú£´¡ÛAfter petitioning the compulsory execution, the bailiff will go to the actual place and confirm the current situation. Consequently, the bailiff will post public announcement inside the room and set a notification to the debtor. (this process is known as ¡Ènotification¡É (saikoku)) Normally, the petitioner will prepare the assistant for execution. ¡ÈAssistant for execution¡É is the person who will judge the best way to get rid of, keep, or sale the remaining objects, as well as estimating the time, the price of getting rid of remaining objects, and price of remaining objects inside the room concerned. It is not necessary to prepare an assistant for execution, however, in order for the process of carrying out to go smoothly, it is safe to prepare the person. Even though the fee of assistant for execution differs case by case, the assistant for execution we arranged at this office was priced around 18,000 JPY. Moreover, given the current situation of room, there are cases in which the process of notification is excluded. However, based on the practice of the District Court of Tokyo, there are few cases to exclude the process. The notification process ends in about 15 minutes. ¡Ú£µ¡ÛIn case the borrower did not vacate the room voluntarily within the term of notification (normally, 2 (two) weeks), the bailiff will go to the actual place and carry out the remaining objects inside the room. (this process is known as ¡Ècarrying out¡É (Danko)) At this time, the petitioner will prepare the assistant for execution again for preparing the list of remaining objects, etc. Moreover, workers necessary for the process of carrying out are arranged by the assistant for execution. ¡Ú£¶¡ÛThe cost of working on carrying out differs greatly with regard to the width of the room, the kind and amount of remaining objects, however, executions we experienced at this office were around 200,000-250,000 JPY when the width of room was around 20 ­Ö. The working hours were about 1-2 hours. However, in case that there are expensive objects left in the room, it is not possible to sell them on the day of execution and you need to arrange a locker that is onerous. Keeping expensive objects inside the room concerned is rare. Moreover, when you do not possess a duplicate key, you need to arrange a worker who changes the key. (though the cost differs greatly with regard to the shape of the key, it is usually between 10,000-20,000 JPY) ¢ÍPlease refer to this link for more detailed information ¡ÚQuestion¡ÛFees necessary for applying/registering for a trademark Our company would like to register for a brand of Japanese sake named ¡ÈTAGO.¡É How much does it cost us? ¡ÚAnswer¡Û Attorney¡Çs fee at the time of commencement: 70,000 JPY (tax excluded)¡Á at the time of completion: 70,000 JPY (tax excluded)¡Á The application fee 12,000JPY¡Êbreakdown: 3,400JPY+8,600 JPY¡ß1category¡Ë The fee for computerization 2,600 (breakdown: 1,200JPY+700JPY¡ß2 pages) The fee for registration 37,600 JPY (breakdown: 37,600 JPY¡ß1 category) ¡ÚTotal¡Û 192,200 JPY (tax excluded) ¡Á ¡½ Explanation ¡½ ¡Ú£±¡ÛA trademark should be applied or registered by each category defined by the ninth edition of international classification of commodity. For example, beer should be registered as the 32nd category and Japanese sake should be registered as the 33rd category. ¡Ú£²¡ÛAlso, as the category you designate increase by one category, the costs of 8,600 JPY (at the time of application) and 37,600 (at the time of registration for registering the commodity for 10 years) are added. In case there is only one commodity (Japanese sake) to be named ¡ÈTAGO,¡É the cost of revenue stamp would be the cost for applying one category and you need to pay 12,000 JPY (3,400 JPY+8,600JPY¡ß1) at the time of application and 37,600 JPY at the time of registration. Furthermore, the trademark registered is effective for 10 years on principle, however, the revenue stamp to be paid at the time of registration could be the half of the original cost of revenue stamp. (payment by installment) In this case, the fee you should pay at the time of registration is 21,900 JPY¡ßthe number of category. ¡Ú£³¡ÛThing to be noted is that applying and registering is considered different. Thus, the fee to be paid at the time of application is ¡Èthe cost for application¡É utmost, and the fee is not returned even if the registration was not allowed. (As a matter of course, unless you register, you do not have to pay the registration fee.) ¡Ú£´¡ÛWhen the trademark is registered without accident, you need to renew the trademark concerned for every 10 years, since the trademark is effective for 10 years. The fee you should pay at the time of renewal is ¡È48,500 JPY¡ßnumber of category.¡É ¢ÍPlease refer to this link for more detailed information ¡ÚQuestion¡ÛRegarding to fees necessary for bankruptcy (individual) How much does it cost me to petition a bankruptcy to court? Also, is it possible to pay the fee by installment, or to get support of payment? ¡ÚAnswer¡Û* based on the practice of the District Court of Tokyo (as of March, 2019) ¡ÚType¡Û Simultaneous abolition Cases with Trustee Attorney¡Çs fee 300,000 JPY (tax excluded)¡Á 300,000 JPY (tax excluded)¡Á The cost of inserting on a public gazette 11,644 JPY (2 times total) 18,543 JPY (3 times total) The cost of revenue stamps 1,500 JPY 1,500 JPY The cost of stamps 4,100 JPY 4,100 JPY The prepayment 0 JPY at least 200,000 JPY (possible to pay installment) ¡ÚTotal¡Û 317,244 JPY (tax excluded) ¡Á 524,143 JPY (tax excluded) ¡Á ¡½ Explanation ¡½ ¡Ú£±¡ÛFirst, in case of bankruptcy of individual, the fee differs based on the method of petitioning: simultaneous discontinuance (Doji-Haishi) or case with administrator (Kanzai-jiken). ¡Ú£²¡ÛSimultaneous discontinuance (Doji-Haishi) is the case in which a person who petitions a bankruptcy does not possess more than 330,000 JPY of money or 200,000 JPY of savings, and other assets realizable (i.e. car that is 6 years after the first registration and life insurance with cash value), and do not have any reasons for being denied an immunity. In this case, you are able to finish your bankruptcy easily, as the decision of initiation of the process of bankruptcy (Hasan-Kaishi-Kettei) and the decision of discontinuing the process of bankruptcy (Haishi-Kettei) come out on the same day. The actual expenses you are expected to pay to the court will be a total of 17,244 JPY (the cost for publishing in the official gazette, revenue stamps, and the cost of stamps) and you need to prepare these expenses at the time of petitioning a bankruptcy. ¡Ú£³¡ÛOn the other hand, case with administrator (Kanzai-jiken) is other types of bankruptcies. (From the perspective of interpretation of law and the practice of the District Court of Tokyo, cases with administrator (Kanzai-jiken) are normal. n this case, the decision of initiation of the process of bankruptcy (Hasan-Kaishi-Kettei) is announced on the next Wednesday from the petitioning of bankruptcy (the decision of discontinuing the process of bankruptcy and the decision of immunity are made afterwards). The actual expenses you are expected to pay to the court will be a total of 224,143 JPY (the cost for publishing in the official gazette, revenue stamps, and the cost of stamps, as well as prepayment). It is better to prepare these costs before the petitioning of bankruptcy, however, the cost of publishing in the official gazette could be paid later, no later than the date of the decision of initiation of the process of bankruptcy. Moreover, prepayment could be paid by installment. In this case, you are to pay 50,000 JPY for four consequent months. ¡Ú£´¡ÛWhichever process is chosen, attorney¡Çs fee of 252,000 JPY is to be paid before the petitioning (however, the cost varies based on the attorney responsible and the case. Paying by installment should be negotiated). Indeed, when you satisfy the factor of income, you may be eligible for support of payment from Japan Legal Support Center (JLSC). For more details, please ask the Japan Legal Support Center directly. ¡ÚQuestion¡ÛCase to defend the suspect when arrested My husband was arrested for reproducing a character from magazine on a t-shirt and selling it on the internet auction. He was arrested for the violation of the Copyright Act. How much does it cost me until his release? ¡ÚAnswer¡Û Attorney¡Çs fee before prosecution¡§350,000 JPY (tax excluded)¡Á after prosecution¡§200,000 JPY (tax excluded)¡Á Transportation expenses approximately 16,000 JPY(breakdown: the fee for roundtrips from the police station, the Public Prosecutor¡Çs Office, and the court: 2,000 JPY ¡ßat least 8 roundtrips) * inside Tokyo, it is free The cost for copy approximately 2,000 JPY (breakdown: 10 JPY¡ßapproximately 200 papers) ¡ÚTotal¡Û 568,000 JPY (tax excluded) ¡Á ¡½ Explanation ¡½ ¡Ú£±¡ÛWhen the suspect is arrested, the trial of detention will take place after two days and the suspect will be on detention for next 10 days. (There are cases in which the term of detention will be extended for 10 more days.) ¡Ú£²¡ÛDefending at this time is called ¡ÈDefending the suspect¡É and the attorney is to do the following: (1) Meeting the suspect and give legal advices, (2) releasing the suspect from ban on interview. (when the case is deemed to be conspiracy, the suspect is usually ban on interview with other people except his attorney, however, to ask the court for allowing other family members to meet with the suspect) (3) semi-complaint (to ask for the suspect¡Çs release, since the suspect do not have the suspicion of crime, the possibility to hide evidences, etc), (4) negotiating with the victim for a private settlement, (5) submitting an opinion to the prosecutor, etc. ¡Ú£³¡ÛAt this stage, the attorney fee of 315,000 (including tax) should be paid. (however, the fee differs case by case, and paying by installment is negotiable) Also, when the suspect is arrested and on detention outside Tokyo, there are cases the attorney will ask for transportation expenses. (Normally, the suspect is arrested in the jurisdiction of the court of the victim¡Çs residence. In case the person who bought the t-shirt or the licensor (the author of magazine) resides in Fukushima, the suspect will be arrested and on detention in the police located in Fukushima, even if the suspect resides in Tokyo.) ¡Ú£´¡ÛAfter the suspect is officially prosecuted, the process is called ¡ÈDefending an accused.¡É At this stage, the attorney will (1) read and copy the evidences (after the prosecution, the attorney will be able to read and copy the testimony of other suspects), (2) give evidences and defend the accused in the process of trial, (3) petition for bailment (in the case of question above, the bailment to be paid to the court is around 2-3 million JPY, however, the bailment will be returned after 2 days of judgment unless the accused would not run away, etc) As a matter of course, meeting the accused and negotiating for private settlement with victim are two of examples that the attorney will work on, continuing from the previous step. ¡Ú£µ¡ÛAt this time, the additional attorney¡Çs fee of 210,000 (including tax) should be paid. (however, the fee may differ case by case, and paying by installment is negotiable) Also, in case the place of detention and the court were outside Tokyo, the attorney will ask for transportation expenses. (roundtrips from the court to the office) Normally, the place of detention is the same before and after the prosecution, however, in case the accused is under 20 years of age, every case will be referred to the family court and the accused will be moved to the juvenile classification office of his address. For example, if the accused resides in Fukushima even if the place of arrest/detention was in Tokyo, the accused will be moved to the juvenile classification office located in Fukushima. Since the attorney will go to the police station at least 3 times to interview the suspect and the attorney will go to the police station at least 2 times after prosecution, to the Public Prosecutor¡Çs Office at least once (reading evidences), to the court at least 2 times (trial and judgment), the transportation expenses will be for at least 8 roundtrips. (if 1 roundtrip is 2,000 JPY, 8 roundtrips will be 16,000 JPY) ¡Ú£¶¡ÛIn case there is a necessity to copy the evidences including the testimony at the Public Prosecutor¡Çs Office, the attorney will ask for actual expenses. The charge at the Public Prosecutor¡Çs Office (if you copy it by yourself) is 10 JPY/copy. Since the number of sheets is normally around 200 sheets, the actual expense of 2,000 JPY is usually deemed to be enough. ¡Ú£·¡ÛMoreover, other cases regarding to the violation of Copyright Act or Trademark Act that we dealt at this office, the suspects were released after 10 days of detention and paid the fine of 500,000 JPY on the same day.

Miya Building, 4-3-4, kojimachi, Chiyoda-ku, Tokyo 102-0083, Japan (Reception: 5th Floor) TEL 81-3-3265-9601 FAX 81-3-3265-9602 Copyright © Tago Iwata ¡õ Tamura. All Rights Reserved.