My Summer in Tokyo: Differences in Law and Culture

 

By Vinita Laroia (Class of 2009)
 

In December of last year I received my acceptance letter from Hitachi, Ltd. confirming my summer internship in the company’s Procurement Department, located in Totsuka, Japan. I left for Tokyo immediately following the spring term, packing a single suitcase for three months of travel.

 

When I arrived on the island I was pleasantly surprised by the efficiency and organization of “real Japan.” Trains and subways run on time, buses are clean and neat, the taxi doors open and close automatically. Crime in Japan is almost non-existent. A lady may leave her purse on a table in a public place without the worry that she will be robbed, wet umbrellas may be left at the entrance to any restaurant or museum without worry of theft, and in a city of 20 million people, physical altercations are a rarity.

 

In addition to these niceties, Japanese etiquette, is truly astonishing regarding the cultural exchange of hospitality, communication, and service.  For example, upon purchasing a greeting card in a small paper shop, my card was neatly folded in origami wrapping and then placed in a dainty shopping bag. The shop owner bowed deeply as she handed me the small parcel when I left.

 

Nothing I learned in law school could prepare me for the intricacies of legal work in a foreign country. The differences in Japanese and American law are especially apparent in the area of contracts, where I spent a great portion of my time and energy. In Japan, domestic contracts covering multi-million dollar business transactions are often confined to only a few pages, with an almost universal understanding that any subsequent disagreements to the contract’s provisions will be settled between the contracting parties in a fair manner without the intervention of a court.  While in America the rule of law is the final decision maker, in Japan (or, at least for Hitachi) the rule of long-term business relationships is supreme, and no one – be it a private individual or a global super-business like Hitachi – would ever risk this relationship in a contract debate.

 

Much of my time in Japan was spent explaining the American system of law to the people around me, and as my coworkers’ understanding of American law grew, so did their bewilderment. Japan is only now beginning to work with the idea of a jury system, and though it has been experimentally implemented in some cases, the difficulty an average Japanese citizen has in passing judgment against their fellowman has caused resistance and public suspicion of such a system. Also of interest, Japan grants only about 1,000 licenses to practice law in a given year. The result is an extremely competitive bar examination, where ultimately 95% of Japanese law students end up in positions as clerks or legal assistants rather than as lawyers.

 

These and many other differences made legal work in Japan an exciting and educational experience. There were no dull days. Happily, when I left in August to return to Wyoming, my boss at Hitachi extended an invitation to me to return next year. “Where can we get more interns like you?” he asked.

 

Working abroad was a positive experience I would recommend to anyone who is brave enough to plunge headfirst into something new without the benefit of preparation. It is also a great way to build confidence in yourself. Although I miss sushi lunches, the high fashion of the Japanese, and the good friends I made along the way, a summer in the city made me happy to return to a green summer in the Rocky Mountains. 

 

Photo: Vinita Laroia is pictured second from the right.