The Bad Lawyer
QUESTION
I called at a lawyer’s office in Shinjuku that always distributes fliers regarding Immigration procedures near the bus stop in front of Tokyo Regional Immigration Bureau, and commissioned my application for permanent resident to them. The lawyer has demanded for 200,000 yen as a retaining fee. Since I did not have money on hand, I went to the bank and paid it in cash. However, a contract was not made but a receipt, which amounted 200,000 yen, was delivered to me. Then, I paid the balance of 200,000 yen when the lawyer submitted documents to the Immigration Bureau because she told me that it’s a rule. Only the receipt that indicated the amount of payment was delivered. My application for permanent resident was disapproved as a result.
1) Do lawyers usually not make contracts? Can I trust a lawyer who does not make a contract?
2) What contents should be filled in a contract?
3) How much is the remuneration of the application for permanent resident?
4) What kind of contents should be written in a receipt?
5) Do I have to pay for the balance even if my application was disapproved?
ANSWER
This lawyer whom you requested is some kind of a bad or vice lawyer. Please find the following answers:
1) Do lawyers usually not make contracts?
Can I trust a lawyer who does not make a contract?
A good lawyer always makes a contract. Because, a contract protects not only a consignment person (you/trustor) but also a nominee (lawyer/trustee). It’s just like a “double-edged sword.” However, it become obstructive when the lawyer or fake lawyer will deceive a client. So, it will not be created, or even if it will be created, it will be a written document named “contract” only, which is completely empty without any responsibility/duty of a lawyer. For your information, the contract is usually created in two copies, one copy each for a consignment person and a nominee to carry out the business. If there is a consignment person’s representative, one more copy will be created for representatives. It does not relate to the amount of reward. That is, even if the amount of reward is a small sum, it must be created. Therefore, you cannot trust a lawyer who does not make a written contract. Please do not commission your business to such lawyer.
2) What contents should be filled in a contract?
The following contents must be indicated at least:
a. Full address and name of a consignment person and a nominee
b. Date of contract
c. Limits and contents of commissioned/nominated work and its details
d. Limits/details of a consignment person’s duty and responsibility
e. Limits/details of a nominee’s duty and responsibility
f. Amount of remuneration, the payment method, times of payment, due date for payment of remuneration
g. Solution including the legislative action at the time of carrying out nonfeasance of duty and responsibility by either a consignment person or a nominee
h. Confidentiality of information of a consignment person and a nominee
i. Conditions and cancellation method in the case of canceling the contract
j. Condition and method in the case of stopping and ending a contract
k. Solution means/method when a dispute arises between consignment person/nominee
Those who came for consultation to our office possess a written document titled “contract” in English or Japanese, but it does not seem to be a “contract” though it is named the “contract.” When anyone would scrutinize it, no one can find out the following terms except for just “the contents of business (Ex. Application for permanent resident)” and “remuneration (200,000~)” only in it. There is nothing, unfortunately. I could not find out the important terms mentioned above. Therefore, you must not trust such lawyer who tries to exchange the “contracts” based on these written document titled “contract.”
3) How much is the remuneration of the application for permanent resident?
This can be freely decided in each office. Therefore, there is an office, which asks for a total of 50,000 yen, and there is an office, which asks for a total of 700,000 yen. So, a consignment person may decide and choose collecting the information about the lawyer’s office and checking the amount of remuneration in each office and content of the work.
On the other hand, it’s important to check the charge of handling. There are so many lawyers office which are used to bringing the documents of procedures (Ex. application etc.) to the Immigration Bureau and submit it instead of you. Yes, you do not have to go to the Immigration by yourself. But, you must pay for the charge/expense (30,000 yen – 100,000 yen) for it. Is it reasonable or ridiculous to do it? I think it is something ridiculous since someone bring the documents and submit it to the counter of the Immigration only. What a expensive charge it is!
Other offices including my office always create and draw up the documents only, and discount the cost since the applicant himself/herself carries out submitting the documents to the Immigration Bureau. I hope you understand that the Immigration’s applications/procedures are always decided based on the facts, credibility of the Immigration status and the content of written documents created by the applicant/suspicious. Therefore, it does not influence the decision whether a lawyer submits the document or not. Frankly speaking, it depends on whether you or the lawyer can precisely create the documents based on the facts, your personal history and interpretation of law/regulations concerned. The created documents are important!
4) What kind of contents should be written in a receipt?
It should be filled in with the date, amount of money for receipt, the name of those who paid it, the purpose and reason to pay, and the lawyer’s name/office name/location/telephone number of the receipt person in a receipt.
5) Do I have to pay for the balance even if my application was disapproved?
As you informed me, you and a lawyer did not make a “contract,” which must be filled in the limits/details of a consignment person and a nominee’s duty/responsibility, the solution when the application would be denied etc. Therefore, no one can reply to you since there is no contract and business. The receipt? What for is it? We cannot find the purpose, reason in it. It means that, even if you would not pay the balance or will refuse your payment, the lawyer cannot exact the balance from you. That is, the judge will not listen since your business has been processed by “verbal promise” only and there is no any proof even if you would have pleaded for a court.
On the other hand, you have no means and methods of repairing and getting the balance etc. that you have already paid since there is no proof. If there is a contract, which indicated the nominee’s duty and responsibility, you can state and claim damages from a court based on these proofs.
Office name: Miyoshi International Legal Counsel Office
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