Wednesday, September 30, 2009
GUIDELINES ON HOW TO DEAL WITH YOUR FOREIGN ATTORNEY:
- Understanding Your Attorney: Ask your attorney to analyze your case, giving you the positive and negative aspects and probable outcome. Do not expect your attorney to give a simple answer to a complex legal question. Be sure that you understand the technical language in any contract or other legal document prepared by your attorney before you sign it.
- Fees: Find out what fees the attorney charges and how the attorney expects to be paid. In some countries fees are fixed by local law. Establish a billing schedule that meets your requirements and is acceptable to the foreign attorney. Foreign lawyers may be unaccustomed to including a description of work performed in connection with billing. Some foreign attorneys may expect to be paid in advance; some may demand payment after each action they take on your behalf and refuse to take further action until they are paid; and some may take the case on a contingency or percentage basis, collecting a pre-arranged percentage of moneys awarded to you by the foreign court. Request an estimate of the total hours and costs of doing the work. Be clear who will be involved in the work and the fees charged by each participant. Determine costs if other attorneys or specialists need to be consulted, such as barristers. See "Payment of Attorneys and Litigation Expenses in Selected Foreign Nations", U.S. Library of Congress, Law Library, Doc. LL-95-2 (March 1995) (Includes information on Australia, Canada, China, France, Germany, Great Britain, Greece, India, Italy, Japan, Mexico, Netherlands, Poland, Sweden and Taiwan.)
- Method of Payment: Find out the expected means of payment (corporate check, bank check, personal check, international money order, wire transfer), specify currency and exchange rates (when and where applicable or feasible).
- Progress Reports: Ask that your attorney keep you informed of the progress of your case according to a pre-established schedule. Remember that most foreign courts work rather slowly. You may, therefore, wish the attorney to send you monthly reports, even though no real developments have ensured, simply to satisfy your doubts about the progress of the case. Ask what the fee will be for progress reports.
- Language: Is the attorney fluent in English? This may or may not be important to you. If the foreign attorney does not speak or write in English, you can arrange for translation of correspondence. Attorneys on lists prepared by the U.S. embassies and consulates abroad do speak English.
- Document Translations: If you need to provide complex or technical documents to your attorney, you may wish to consider having the documents translated into the attorney's native language. Remember that even a fundamental knowledge of English may not be enough to enable the attorney to understand technical documents you provide. Discuss with your attorney whether it is preferable to translate the documents in the U.S. or in the foreign country. Compare the costs.
- Communication: Remember your responsibility to keep your attorney informed of any new developments in your case. Be honest and frank with your attorney. Tell the attorney every relevant fact in order to get the best representation of your interests. Establish how you be communicate with your foreign attorney (mail, phone, fax, Internet.)
- Time: Find out how much time the attorney anticipates the case may take to complete. (Note: in some countries the courts recess for a period of several months. In addition, even if the case is resolved, currency control laws may delay the transfer of funds awarded to you from the foreign country for an indefinite period of time. Discuss these issues with your attorney to ensure there is no confusion.
- Authentication and Translation of Documents: It may be helpful for you to provide foreign authorities or your attorney with authenticated, translated copies of pertinent documents. Consult your foreign attorney before going to this expense. An information flyer explaining the authentication process is available from the Office of American Citizens Services, either by mail or via our Internet Consular Affairs home page described below under "Additional Information". These topics include Hague Legalization Convention and General Authentication Flyer . See also the U.S. State Department's Authentications Office home page.
- Records: Consider requesting copies of all letters and documents prepared on your behalf. Inquire about the costs of mailing you such documents.
- Complaints Against Foreign Attorneys: If the services of your foreign attorney prove unsatisfactory, in addition to notifying the U.S. Department of State and/or the consular section of the U.S. embassy or consulate abroad, you may address your complaints to the local foreign bar association. Information about foreign bar associations may be obtained from the U.S. embassy or consulate abroad. Foreign embassies and consulates in the U.S. may also have information on this subject.
- Assistance of U.S. Embassies and Consulates: Should your communication with a foreign attorney prove unsatisfactory, a U.S. consular officer may, if appropriate, communicate with the attorney on your behalf. In addition, complaints against foreign attorneys whose names appear on the consular list of attorneys can result in the removal of their names from the list.
- Coordination with Attorneys in the U.S.: American attorneys may not be in a position to represent your interests abroad, particularly because generally they will not be permitted to participate in foreign court proceedings under the laws of the foreign country. American attorneys experienced in international law procedure may be helpful in explaining the complex legal issues involved in your case and some may have associates abroad to whom they can refer you.
UPDATE: US Embassy Japan
Thank you for alerting us to your father’s plight, and for taking my phone call to you just now.
In addition the information on our website at http://japan.usembassy.gov/e/acs/tacs-7110a.html , I want to alert you to Legal Counseling for Foreigners which is available through the local Bar Association. See this webpage for the Japanese Federation of Bar Associations: http://www.nichibenren.or.jp/en/legal/counceling.html . In addition to reviewing the list of English-speaking lawyers on our website, you may wish to call the numbers below for assistance in retaining an attorney for your father.
Sincerely,
Joseph C. Koen
Consul
this link talks about retaining an attorney, its lengthy, but has a lot of info
http://travel.state.gov/law/info/retain/retain_714.html
Status Update 9:15PM
US Citizens Services Specialist EAP Meena Korff
Status Update 6PM
US Embassy Contact info
1-10-5 Akasaka
Minato-ku, Tokyo 107-8420
or
Unit 9800 Box 114
APO AP 96303-0114
| Tel. | (03) 3224-5000 / DSN 224-5000 Switchboard |
| Fax: | (03) (03)3224-5914 / DSN 224-5914 (all passport inquiries) |
| Fax: | (03) 3224-5856 / DSN 224-5856 (all other non-visa inquiries) |
over the phone Interpreter
how to dial International Numbers
Status Update 6:30PM
Japans Gun Policy
Air force Base

Here is the info for billeting on Yokota AB in Tokyo. The number is listed at the bottom and the top tells you how to dial from off base where your dad would be.
I’ve got an email into my friends work and hopefully he replies soon.
Cheers.
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