I ought to point out first that my own practice is primarily corporate practice dealing with international business between Japan and the United States. Contract drafting is probably what I do most of, that and contract negotiations. In my field, many of the negotiations are not polite; they involve role playing on both sides and often extreme misunderstandings on both sides. I think, in addition to a good law background, the most important element in practice, especially in relations between Asia and the United States, is knowledge of an Asian language and a cultural familiarity with the countries where you specialize. To be able to communicate with your own client, and to be able to communicate for your client with the Japanese company across the table, knowledge of the language is absolutely essential. Also, I think my type of practice—that is practice with Asia—illustrates something that has happened in American law practice during the last ten years. The causes are primarily the revolution in transportation and something called the telex machine. Before 1960 it was impossible to get to Tokyo from New York in less than 26 hours. Now I go almost every month; it takes 16 hours. If you are representing Japanese clients in the United States it is necessary, I think, to meet the people in the Tokyo home office. Japanese abide greatly by this type of personal contact. It also helps to eliminate misunderstanding between a lawyer and his client. More and more lawyers, especially out of New York, Chicago, Los Angeles, San Francisco, and Washington are traveling around the world with their practices following them. If you have support services in various cities, there is usually no problem. You can travel, especially if your secretary and the people you work with out of the office from which you originate can handle the minor problems that come up. The telex machine has become extremely important. This is partly because of the time lag. Japan is almost exactly twelve hours opposite from the United States. My clients’ legal departments can handle minor negotiations and telex questions to me or ask me to draft particular positions. By getting background by telex, I can do this on an overnight basis so that in effect their legal department works 24 hours a day. This has the added benefit that sometimes the Japanese clients are able to disguise from the opposing American side the fact that they are using a large New York law firm.
Gateways to the West, Part I: Education in the Shaping of the West
