A trial lawyer, but not an office lawyer in Japan

– On our motto: Justice through protecting clients

Yoshikazu Otsuka

Hi, I am Yoshikazu, Yoshikazu Otsuka．I am an attorney at law. I have my own office Kikuchi and Partners in Saitama, on the north of Tokyo metropolis. I am also a natural-born trial lawyer. It means that I am a real trial expert, not that I was born in a country which is called trial lawyer.

I have been mesmerized by cross-examination since 1988 when I became a member of the bar association. Cross-examination is the integral part of trial and the legal engine for the discovery of truth. It is the mental duel between trial lawyer and witness. It will often reveal the perjury of the witness. What fun it is! I love cross-examination.

I have fought as a cross-examiner in the courts all over Japan for more than twenty four years with the inspiration that cross-examination by good advocate is the bulwark of liberty. Not only in a criminal case, but also in a civil case, it is the strongest weapon of justice. To tell the truth, however, cross-examination requires burdens for all concerned.　But then again, if there are no cross-examinations, the democracy will perish, and tyranny or anomie will reign. No way has yet been invented to say good-bye to the cross-examinations. I hold that the democratic system is based on a balance between reciprocal altruism in society and “selfish gene” of individuals. My goal in life is to strengthen the individualism here and make Japan a sound democracy.

Historically cross-examination by advocate is due to the Anglo-American sporting spirit of fair play. In my view, a sociology scholar Eiko Ikegami insists in her work “The Taming of The Samurai” that the Japanese samurai had the same rebellious spirit. I think the spirit is a cultural resource for everybody who respects it. Litigation is a substitute for private war even in a civil case, and is and must be conducted in the fighting spirit. Good advocacy is the art of collaboration between the client and the advocate who know it best. The spirit is dedicated to sublime power making the world a better place.

By the way, do you have any problems in Japan? Those are legal matters?

Legal disputes can be resolved in the courtroom. I can provide the strategic review of the present and conceivable lawsuits about the issues. I have experience with all types of civil litigation issues and trials in Japan.

In addition, I believe the role of litigation counsel extends to practical advice, including an analysis of the costs and benefits of litigation. My opinion as a trial lawyer is that some civil litigation matters should not go as far as a trial. If litigation becomes necessary and commences, I look for opportunities to make solutions in ways to minimize costs and maximize benefits. And when possible, I solve disputes through strategic compromise, negotiation, mediation or arbitration.

There must be many office lawyers who speak English more fluently than I in Japan. I think few of them would surpass me in the spirit and the skills of practices in court．It is dangerous to run in intrusting your litigation to such an attorney who has no experience in court. How can you decide to fight through or sheathe the sword, without an experience fighting with the witness in the battle field of court? Now you are able to choose between a legal eagle and a legal jangle. I have the ability to evaluate the lawsuits.

If you have any hurdles in Japan, please contact me at any time.

Thank you.