(Litigation, mediation, and out-of-court settlements)

Nakashima, Miyamoto & Mizoguchi Attorneys at Law
Schedule of Legal Charges (extract)

Civil Cases: Calculation Table for Retainers and Contingent Fees

Types of cases Types of fees Amount of legal charges (exclusive of consumption tax)
1. Lawsuits
(excluding lawsuits relating to bills of exchange and checks)
Non-contentious cases
Domestic relations adjudication cases
Administrative cases
Arbitration cases
Retainers When the amount of economic benefits from the case is 3 million yen or less: 8%
Greater than 3 million yen and no greater than 30 million yen: 5% + 90,000 yen
Greater than 30 million yen and no greater than 300 million yen: 3% + 690,000 yen
Greater than 300 million yen: 2% + 3,690,000 yen
*The amount may be varied by ±30% depending on the details of the case.
*The minimum retainer is 200,000 yen
Contingent fees When the amount of economic benefits from the case is 3 million yen or less: 16%
Greater than 3 million yen and no greater than 30 million yen: 10% + 180,000 yen
Greater than 30 million yen and no greater than 300 million yen: 6% + 1,380,000 yen
Greater than 300 million yen: 4% + 7,380,000 yen
*The amount may be varied by ±30% depending on the details of the case.
2. Mediation cases and out-of-court settlement negotiation cases Retainers and contingent fees Refer to 1. The charges may be reduced to two-thirds (2/3) of the respective amounts.
*The retainer shall be one half (1/2) of the amount indicated in 1. in the event of an out-of-court settlement negotiation leading to an appointment for mediation, or in the event of an out-of-court settlement negotiation or mediation leading to an appointment for a lawsuit or other case.
*The minimum retainer is 200,000 yen
*Unless otherwise specified, the retainer shall be calculated based on the amount of applicable economic benefits from the case, and the contingent fees shall be calculated based on the amount of economic benefits received from the legal processes appointed to respectively.

☆Calculation basis where calculation is possible

  1. Monetary claims: The total receivables amount (including interest and delinquency charges)
  2. Future claims: The total receivables amount after deduction of interim interest
  3. Receivables providing ongoing benefits: 7/10 of the total receivables amount. For receivables with an unspecified term, the amount of 7 years’ worth
  4. Cases petitioning for increased or decreased rent: The amount of seven (7) years’ worth of the increase or decrease
  5. Property rights: Equivalent current value of the items concerned
  6. Rights of possession, rights of land use, perennial tenancy rights, rights of lease, and rights of usage: One half (1/2) of the current value of the items concerned. The equivalent current value of the rights shall however apply when the current value of the rights exceeds one half (1/2) of the current value of the items
  7. Cases related to property rights in buildings: The amount being the equivalent current value of the buildings plus an amount being one third (1/3) of the current value of the sites
    Cases related to rights of possession, rights of lease, and rights of usage in buildings: The amount being the value of (6) plus an amount being one third (1/3) of the current value of their sites (an amount being equivalent to three (3) years’ worth of rent when, given the characteristics of the case, it is appropriate to use rent as the basis)
  8. Easements: An amount being one half (1/2) of the current value of the servient land
  9. Security rights: The amount of the secured claim. The equivalent current value of the collateral shall however apply when the current value of the collateral is less than the amount of the claim
  10. Cases petitioning for registration procedures of property rights, rights of land use, perennial tenancy rights, easements, rights of lease, security rights, etc. in real estate: An amount with reference to (5), (6), (8) and (9)
  11. Cases petitioning for revocation of fraudulent acts: The amount of the claim for which revocation is being petitioned. The amount which the legal action aims for shall however apply when the amount which the legal action aims for revocation of is less than the amount of the claim.
  12. Cases petitioning for division of common property: An amount being one third (1/3) of the current value of the equity in the property concerned. The amount shall however be the scope of or equity in the assets concerned regarding portions of the scope of or equity in the assets subject to division which are under dispute
  13. Cases petitioning for division of an estate: The equivalent current value of the share of inheritance concerned. The amount shall however be one third (1/3) of the current value of the share of inheritance regarding portions of the scope of or share of inheritance in the assets subject to division which are not under dispute
  14. Cases petitioning for reduction of legally-reserved portion of inheritance: The equivalent current value of the legally-reserved portion of inheritance concerned
  15. Civil execution cases regarding monetary claims: The amount of the claim being petitioned for. However, the equivalent current value of the property subject to execution (the equivalent current value taking the charge into consideration when a charge such as security rights or provisional attachment is in place) shall apply when the current value of the property subject to execution is less than the amount of the claim

☆Calculation basis where calculation is not possible

The amount shall be 10 million yen. The amount may however be varied taking into account factors such as the degree of difficulty, level of importance, complexity and simplicity of the work involved in the case, and the benefits received by the client.
The amount must be varied in the event of a discrepancy with the amount of economic benefits and the state of the dispute or the benefits received by the client.

☆Divorce cases

Details of divorce cases Retainers and contingent fees
Divorce mediation cases, divorce arbitration center cases, and divorce negotiation cases 300,000 yen and above but no greater than 500,000 yen
Divorce suit cases 400,000 yen and above but no greater than 600,000 yen

Criminal Cases: Retainers and Contingent Fees

Details of criminal cases Retainers
Before and after an indictment (for the first trial and appeals; the same applies hereinafter) for cases anticipated to be carried out in an uncomplicated manner 300,000 yen and above but no greater than 500,000 yen
Before and after an indictment for cases other than the above and retrials 500,000 yen and above
Cases petitioning for retrial 500,000 yen and above

Details of criminal cases Results Contingent fees
Cases carried out in an uncomplicated manner Before indictment

Non‐indictment

300,000 yen and above but no greater than 500,000 yen

Summary order requested

An amount not exceeding the above

After indictment

Suspension of execution of sentence

300,000 yen and above but no greater than 500,000 yen

When the sentence is reduced from that demanded

An amount not exceeding the above

Criminal cases other than the above Before indictment

Non‐indictment

500,000 yen and above

Summary order requested

500,000 yen and above

After indictment (including retrials)

Not guilty

600,000 yen and above

Suspension of execution of sentence

500,000 yen and above

When the sentence is reduced from that demanded

An amount appropriate to the extent of the reduction

When an appeal filed by a public prosecutor is dismissed

500,000 yen and above

Cases petitioning for retrial   500,000 yen and above
*A retainer may be payable in the event of an indictment in a case appointed to before an indictment leading to an appointment to a case after an indictment. However, the amount shall be one half (1/2) of the retainer for the case before an indictment for cases anticipated to be carried out in an uncomplicated manner.
*The retainers and contingent fees in cases applying for bail, suspension of detention, appeal, immediate appeal, quasi-appeal, special appeal, indication of the reasons for detention, etc. shall be in addition to the retainers and contingent fees for suspect cases or accused cases, and the appropriate amounts determined through consultation with the client.
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