Retaining Fee And Contingency Fee
If success of the case is contingent (e.g. litigation), payment consists of retaining fee and contingency fee.
- Retaining fee is a fixed amount of money calculated based on the economic value which a client claims for and to be received in advance. The fee is not associated with the success of the case or achieving particular results and shall not be refunded regardless of the results of the case.
- Contingency fee is to be received according to the degree of success in the matters and is independent of the retainer fee.
The amount or the percentage of fee for civil contingent cases is as follows (sliding fee scale).
|Economic value||Retaining fee||Contingency fee|
|(i) Under JPY 3,000,000||8%
|(ii) JPY 3,000,000 or more and less than JPY 300,00,000||5% + JPY 90,000||10% + JPY180,000|
|(iii) JPY 30,000,000 or more and less than JPY 300,000,000||3% + JPY 690,000||6% + JPY 1,380,000|
|(iv) JPY 300,000,000||2% + JPY 3,690,000||4% + JPY 7,380,000|
The economic value for a case is divided into four categories: (i) Under JPY 3,000,000, (ii) JPY 3,000,000yen or more and less than JPY 30,000,000, (iii) JPY 30,000,000 or more and less than JPY 300,000,000, and (iv) JPY 300,000,000 or more. The corresponding fee percentage is applied to each price category.
- ATTORNEYS’ FEES DO NOT INCLUDE COSTS AND EXPENSES WHICH CAN ACCRUE IN PERFORMING LEGAL SERVICES (e.g. filing fee, prepaid postage stamps, delivery charges, copying expenses for records, expert research fee, etc.).
- UNDER JAPANESE LAW, ATTORNEYS’ FEES AND COSTS ARE USUALLY NOT PAIED BY THE LOSING PARTY TO THE WINNING PARTY IN THE CASE, except pursuant to specific statutory or contractual rights.
Retaining fee for Criminal Case
Criminal cases include but not limited to, representing a client for a defense against an accused criminal charge, or in process of bringing a criminal accusation or complaint.
Retaining fee for a criminal case: starting at JPY 200,000
Retaining fee will be determined based on an agreement with a client depending on the difficulty of the case.
Attorney is representing only on the matter agreed to represent under the contract. For example, if an attorney agrees to represent a client for a defense against an accused criminal charge during the investigation process, a defense in the trial after the prosecution is separate from the scope of service. Therefore, attorney will not represent the client for the proceedings unless the client and the attorney agree that attorney will provide such services and agree upon additional fee.
Contingency fee for a criminal case
|Motion to quash a detention before prosecution||Starting at JPY 200,000|
|Exemption from prosecution||Starting at JPY 300,000|
|Fine imposed by a summary proceedings||Starting at JPY 100,000|
|Motion for release pending trial||Starting at JPY 200,000|
|Suspended sentence||Starting at JPY 300,000|
|Reduced sentence||Starting at JPY 100,000|
|Acquittal||Starting at JPY 500,000|
Daily Allowance and Costs
- Daily allowance may be required as compensation in the event that attorney is required to spend time traveling to a location other than the office for handling the case.
- Various costs and expenses will accrue in performing legal services. In the event that litigation is instituted, stamp duties and prepaid postage stamps will accrue. In addition, copying expenses for records, security deposits, appraisal fees and expert research fees, etc., will accrue depending on the case. For a case which requires a business trip, transportation expenses and accommodation expenses will accrue. Other costs may include long-distance telephone charges, delivery charges, express mail fees, copying and any other reproduction fees, and compensation paid to public notaries, experts, mediators and arbitrators, etc., and other similar items are commonly included. This section is meant as an example and is not an exclusive list of potential costs which may accrue in service of a client.
Special Fees for Serious Affairs
Fees for representation in the process of certain serious and complicated affairs, such as, violation of Financial Instruments and Exchange Act, violation of Tax Laws, violation of the Companies Act, violation of Political Funds Control Act, criminal case where a client is denying the charge, case at appellate court, are likely to be high because the number of hours required in performing legal service for the case tends to increase due to the amount of work and difficulty collecting evidence. Fees will be negotiable and determined based on an agreement with the client.