Office Profile
Ariake Himawari Fund Law Office,the predecessor of Ariake Shimabara Law Office, was established with assistance from Japan Federation of Bar Associations, Kyushu Federation of Bar Associations, and Nagasaki Bar Association in order to ensure that attorneys at law, qualified lawyers, are available in Shimabara Peninsula. At the law office of Masakazu Ota, Attorney at Law, I have provided legal services to clients in Shimabara City, Minamishimabara City, and Unzen City for over 15 years. As your local hometown attorney, I look forward to helping you with your legal needs.
Practice Areas
The attorney has litigation and dispute resolution experience in the following practice areas. There are various legal issues in each area.
Family and Inheritance Law
Divorce issues: share of expenses arising from marriage, division of marital property, child custody, child visitation, child support.
Inheritance issues: execution of a will, division of inherited property, renunciation of an inheritance, legally reserved portion
Adult guardianship
A system that aims to legally support persons with insufficient or lacking capacity to judge things due to dementia, mental disorders, or intellectual disorders, etc. A family court renders a ruling for the commencement of guardianship for a person who normally lacks the capacity, and appoints a guardian who aids the person. A guardian has broad legal authority such as concluding a contract on behalf of the person. A guardian must act in the best interest of the person, and take the person' hopes and intentions into full consideration.
Civil Law
Labor issues: wrongful discharge, nonpayment, harassment
Compensation issues: traffic injury, school injury, workplace injury
Consumer issues: wrongful denial of insurance, consumer fraud
Contract issues: recovery of damages for breach of contract
Rental and leasing issues for landlords and tenants: eviction case
Insolvency Law
Bankruptcy Discharge: Bankruptcy proceedings are designed to liquidate the debtor's assets and fairly distribute proceeds among creditors when the debtor is no longer able to pay debts. Discharge proceedings are designed to support the debtor to recover financially by discharging debts.
Civil rehabilitation proceedings for individual debtors: In this proceedings, an individual who is likely to earn income in the future and has unsecured debts not more than 50 million yen formulates a rehabilitation plan, and the court confirms the plan. As long as the debtor makes certain repayment to creditors according to the plan, the debtor may be exempted from remaining debts.
Crime Victims Support
1. The attorney has represented crime victims in lawsuits and other legal proceedings involving personal injury, traffic injury, workplace injury, school violence, juvenile crime, child abuse, disability abuse, elder abuse, sexual crime, aggravated assault, or wrongful death.
2. Support during the investigation stage
The attorney goes to the police with a victim to report a crime.
As to police assistance for victims, Tokyo Metropolitan Police Department' web page "If You Become a Victim" is useful.
Public Prosecutors Office Japan' pamphlet "For Victims of Crime" on the website is also useful.
3. Support during a criminal trial
Victim participation in the following criminal proceedings with
the court's permission: being in attendance on the date of the trial, stating opinions such as sentiments on the case, questioning witnesses, questioning the defendant, and stating opinions on the finding of facts and the application of law.
A participating victim who lacks financial resources may seek the
appointment of a court-appointed victim attorney whose expenses
the State finances.
As to the judicial system, Supreme Court of Japan' website "Judicial System in Japan" is informative.
4. Seeking restitution and compensation
Applying for crime victim benefits, filing a lawsuit against the
offender, filing a petition for compulsory execution.
5. I feel the necessity to support victims of underreported crimes,
such as elder abuse, disability abuse, or crime against children.
Childhood and adolescent victimization is a large and underreported problem.
The statute of limitations or the extinctive prescription outlines the time limits the law imposes when prosecutors seek to file criminal charges or victims seek to file lawsuits. It is recommended to consult an attorney as soon as you can in order to preserve legal options that may be available to you.
Consultation
To make a reservation, please use the contact form.
It is recommended to be accompanied by someone who acts as an interpreter between Japanese and your own language.
An initial consultation is free.
Civil Legal Aid provides supports for people having financial difficulties when they get into legal trouble. About Civil Legal Aid, view web pages of Japan Legal Support Center.
(http://www.houterasu.or.jp/en/index.html)
The Japan Federation of Bar Associations obligated a lawyer to verify the identity of a client in order for a lawyer not to be involved in or be used for money laundering.
1850-1, Imagawa-cho, Shimabara City, Nagasaki Prefecture (the fifth floor of Otemon Building). 10-minute walk from Shimabara Station.
Telephone: 0957-61-0888
Links
About the Japanese Judicial System
Supreme Court of Japan
http://www.courts.go.jp/english/
About Japanese Laws
Japanese Law Translation(Ministry of Justice)
http://www.japaneselawtranslation.go.jp/?re=02
About the Himawari Fund Law Office and other JFBA' activities
Japan Federation of Bar Associations
https://www.nichibenren.or.jp/en.html