Passive listeners vs. Aggressive debaters

Ask the right question to legal advisors.

The most difficult stuff that I’m dealing with is finding a legal advisor who think ahead and give some “advices” and “recommendations” for my clients.

All international entrepreneurs are struggling with finding the answer for their questions because they mostly receive “NO” to their questions.

Western lawyers vs. Japanese lawyers

Some of my friends and clients already work with Western lawyers. I read the communication among them, and I can instantly tell which legal advisers have experiences of working with international customers.

They usually use “It is advisable to do …” after analyzing the legal risks that their clients face, and they do not just say YES or NO and stop answering to the questions.

There are always some advises that the customers even didn’t ask to answer, and many international entrepreneurs take it for granted that they receive additional information on top of what they actually asked from the legal advisors.
That doesn’t work in Japan, as most of you may have noticed.

YES or NO

Most of my clients send me inquiries saying “my lawyers (immigration specialists, tax accountant, etc.) say that’s impossible, but I must do it within the next few month, how can I do it?” or “they say it’s illegal, but many of my friends actually found some ways to get around it...”

Basically when my clients ask some questions, they often receive the answer “NO”. When they ask for some alternatives to their legal advisors, they often end up with the same conclusion: “ask the other lawyers because that’s not my field.”

They are sent around many legal advisors’ desks, and they rarely get the answer. After talking with several CEOs, I found they need the answer “YES” no matter how many people say that’s impossible.

Guide them to say “YES”

If they keep saying “NO”, it’s time to use elimination method. If that’s NO, what if we think this way? As we dig into their answers and ask questions from various perspectives, they need to compare several laws in their heads and conjecture the possible options as well as the risk reversal.

They will rarely say “YES”, but at least we reach to the point where they don’t say “NO”. That’s the grey area that everybody play around the rules.

Passive listening culture

Japanese communication style is based on how much “listeners” can understand and conjecture what the speakers mean. In university most of the students just listen - no active debate. I remember I got A+ when I wrote some answers exactly the same as what a professor talked during the classes.

Whereas in the US, I had to raise my hand and join discussion even if I couldn’t talk proper English. My value was zero if I didn’t talk.

After I started working with international colleagues and entrepreneurs, I found I cannot survive with just keeping my passive attitude in the community. Even if my English is broken, I need to speak up.

If I’m only staying in Japan, however, I would definitely think that listening to the others and trying to be calm are the best solution for everything.

“The nail that sticks out gets hammered down — 出る杭は打たれる” is what everybody cares about in Japan. But it seems like “The nail that sticks out the way too much does not get hammered down — 出すぎた杭は、打たれない”. I’m trying to be the latter.

Aggressive debaters

Please don’t feel discouraged when you get answer “NO”. Of course there are something illegal that we cannot do, but “NO” on theoretical standpoint without knowing practical experience does not mean “impossible”.

This is the time when you can make use of your negotiation ability.
Set the clear goal that you want to achieve, and find the right questions.

For instance, the answer to the question — “Can I operate a business without having Business Manager Visa?” will be most likely “NO”.

However, the answer to these questions — “Can I open a company without residing in Japan?” and “Is there any ways that I can run a company without having Business Manager Visa?” are “YES”.
I guess they’d say “it’s possible, but difficult” which means “YES”.

What is your goal ?— getting a visa to live in Japan, starting a business to test your idea, becoming a CEO by establishing a company, collaborating with Japanese corporate partners, opening a corporate bank account to receive money from Japanese clients, or find a visa that allows you to run a company?

If you want to go further, start asking questions with “HOW”.

So please think of multiple methods to ask questions before starting with some questions which possibly end up with YES or NO answers.

It’s your turn, debaters!