Work hard, play hard

Life as a lawyer in Japan moves at a frantic pace – but Australians have proven themselves up to the challenge.

Promoted by Stefanie Garber 22 March 2016 Big Law
Japan
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Tokyo is in constant motion, alive with activity at all hours of the day and night. In a city with 24-hour supermarkets, umbrella vending machines and a café where patrons can play with baby goats, anything seems possible.

That characteristic energy is also true of the legal market in Tokyo. Lawyers routinely work on some of the world’s biggest deals, with global companies flocking to do business in one of Asia’s financial hubs. Many of the world’s largest law firms have a Tokyo presence, with hot competition for the best talent.

To many Australians, even those used to the fast-paced Sydney market, Tokyo can seem like an intimidating prospect. Japan has gained an image as hard to crack, with a notoriously difficult language barrier and unforgiving work culture.

Yet this reputation might be unfairly earned, according to Herbert Smith Freehills partner Damien Roberts. Originally from Australia, Mr Roberts moved to Japan 10 years ago. In his view, the only obstacle to success in Japan is a fear of trying.

“At the end of the day, the greatest challenge to overcome is actually the perception that the barriers to entry are high,” he says.

Buzzing market

For an island nation of just 127 million people, Japan has always had an outsized impact on the world stage. With a GDP of USD $4.116 trillion, Japan has the world’s third largest economy and is a major trading partner for a significant number of countries, including Australia.

These factors make Japan a hive of activity for law firms, attracting large corporate clients and billion-dollar transactions, according to Caroline Law, senior manager at recruiter Hays Legal.

In her experience, foreign lawyers working in Japan gain access to cross-border, international work that may dwarf what is available elsewhere.

For Australians in particular, Mr Roberts suggests the strong ties between Australia and Japan could be appealing.

“Australia and Japan have a very strong bilateral relationship, and the opportunity to help build on those foundations to expand the scope for commercial collaboration from ‘on the ground’ here in Japan is very rewarding,” he says.

“Japanese companies are also investing in increasingly diverse industries, so the work is always stimulating.”

In Ms Law’s experience, Australian lawyers can supercharge their careers by a stint in Japan, particularly at the associate level.

“Many associate level lawyers receive offers to join the Tokyo practices of leading magic circle or Wall Street firms at senior associate Level,” she says.

“Whilst it is uncommon for a senior associate candidate to receive offers by those firms to join partners of the firm, in many cases those firms attract candidates by offering more interesting clients and work, and a clearer understanding of the targets to reach partnership, as well as support to reach those targets.”

Companies also tend to offer competitive salary packages, relocation benefits and other expat perks to tempt foreign lawyers to Tokyo.

Career aside, working in Japan also offers newcomers a glimpse into a culture that holds fascination for many Australians.

“Tokyo offers qualified lawyers with an opportunity to enjoy an adventure, as well as career development opportunities,” Ms Law says.

Lawyers wanted

With offices from some of the biggest players in the legal market, as well as the headquarters of many multinationals, demand for lawyers within Tokyo has long been high. Tokyo also has its own version of the top-tier, known as the Big Four – Anderson Mori & Tomotsune, Mori Hamada & Matsumoto, Nagashima Ohno & Tsunematsu and Nishimura & Asahi.

Increasingly, global firms in Tokyo are seeking foreign qualified lawyers to complement their teams, Ms Law suggests. The most in-demand candidates are native Japanese speakers who have qualified in a foreign jurisdiction.

“The job market for those candidates is extremely buoyant, and many will be faced with more than one offer, particularly if they have prior experience at one of the big four Japanese law firms, or within a leading international law firm,” she says.

In-house roles also tend to place a high value on Japanese language skills, with most requiring the ability to read, write and speak Japanese fluently.

“For in-house roles, 95 per cent of the time, the employer requires a native-level Japanese speaker, who is able to draft contracts in Japanese,” Ms Law says.

However, non-Japanese speakers can still find roles at private practice law firms, particularly with qualifications from the US, Australia, or the UK.

“There is a healthy demand from leading law firms in Tokyo for those foreign qualified lawyers, particularly those with experience in leading international law firms within the areas of banking and finance, corporate, litigation, M&A and projects finance,” Ms Law says.

But there’s a catch – in her experience, top-tier law firm experience is essential for candidates seeking out these roles.

Mr Roberts suggests both Japanese companies and law firms are looking to bring on foreign lawyers to “internationalise” as opportunities to invest and do business overseas increase.

He believes expat lawyers with corporate M&A experience tend to be most in demand.

“This historically had a focus on natural resources, but it is pleasing to see demand spreading to areas such as infrastructure, financial services, healthcare and property development,” he says.

Falling barriers

Traditionally, Australian lawyers wanting to work in Tokyo or other Japanese cities have had to overcome regulatory restrictions – but this could be beginning to change.

A free trade agreement between Australia and Japan has lessened the red tape faced by Australian lawyers in the Japanese market.

“Regulatory restrictions on practising law remain, but these are being addressed as part of the reforms provided for in the Japan-Australia Economic Partnership Agreement,” Mr Roberts says.

Under the agreement, which came into effect on 15 January 2015, Australian lawyers will be able to take advantage of expedited registration procedures to provide legal services in Japan.

Other hurdles to entering the Tokyo market have also been lowered in recent years, Mr Roberts believes.

“Language and other ‘soft’ obstacles are less of a barrier than they used to be, and certainly less than they are often perceived to be – particularly in places like Tokyo and Osaka, or in companies with long-standing cross-border interactions,” he says.

In recent years, Japan has made headlines for its gruelling business culture. A report from the OECD warns workplace practices include long hours and commuting times. In Japan, dying of overwork – karoshi – is a legally recognised cause of death, accounting for more than 100 fatalities in 2013.

Anecdotally, stories abound of corporate workers putting in 80 to 90-hour weeks. According to OECD data, 22 per cent of Japanese employees work 50 hours or more each week on average, compared with just 14 per cent in Australia.

However, long hours may be all too familiar for many Australian lawyers. The Law Council of Australia’s NARS report found 27 per cent of male lawyers and 15 per cent of female lawyers worked more than 51 hours per week on average.

According to Mr Roberts, most lawyers are therefore not likely to find working life in Japan hugely different to working at a large Australian firm.

He warns lawyers could struggle with some aspects of Japanese commercial culture – including complex internal decision-making processes and hierarchical team structures.

“But at the same time, it is those differences that represent part of what makes working in Japan so fulfilling.

“The working lifestyle for lawyers is not dissimilar to that in Australia.”

Ms Law observes that most Australians quickly adapt to the Japanese way of life, embracing hard work along with the after-hours culture that has made Tokyo famous.

“Australians tend to have an adventurous spirit,” she says. “They share the Japanese work hard, play hard attitude.”

 

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