Open letter(s)

17 April 2011 by Leave a Comment

There is some thought here that a name change would be in order.

Ted Johnson, Esq.
Partner, Corporate Department
Paul, Hastings, Janofsky & Walker, LLP
107-6034
東京都 港区
赤坂1-12-32
34th Fl. Ark Mori Bldg

Dear Mr. Johnson:

This is to confirm the contents of our conversation today, which is further to our conversation of several months ago. I telephoned your office from my mobile phone, and you personally picked up the phone on the second ring. We spoke for 3 minutes, beginning at 17:29 JST on Sunday 17 April 2011. I invited you to speak with me tomorrow, and after hearing your tone, I suggested we do our best to have an amicable conversation.

I explained some ideas, and you treated me as if I were a deer caught in the headlights. I again suggested you call me back tomorrow. When you told me you were busy, I responded that you then had ten minutes to call me back. The time is now 18:08 JST. I have not received your phone call.

Regards,

S. McIntire Allen

Dear Client:

In 1999 I worked on a matter for you as a project attorney for Paul, Hastings, Janofsky & Walker, LLP. Please have a person approach me at dinner tomorrow with a yes or no.

Regards,

S. McIntire Allen

Message received from the two gentlemen when I picked up dinner just now. Unfortunately, I require an audible response. Please have the three people meet me at dinner tomorrow.

Regards,

S. McIntire Allen

Origin Law Office, P.C. Mail – Personal Injury Claim – Australian client

Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
ALLEN, Steven McIntire <steven.mcintire.allen@originlaw.net>
Personal Injury Claim – Australian client
6 messages
OLOUGHLINS – Michael Connelly     14 April 2011 14:19
To: “minamoto@gaiben.jp” <minamoto@gaiben.jp>, “S. McIntire ALLEN” <allen@gaiben.jp>, “steven.mcintire.allen@originlaw.net” <steven.mcintire.allen@originlaw.net>
Dear Mr Allen
Throughout June and July 2010, you may recall that we had some correspondence with one another regarding an Australian client of ours who suffered a motor cycle accident whilst in Japan in 2008. Our client made inquiries through us as to whether he could make a claim in relation to that accident. We contacted you in an attempt to get a handle on the Japanese legal process of making such a claim.
You were kind enough to refer me onto Mr Ryutaro Sano, of Midosujilaw.
I confirm that on your recommendation, we contacted Mr Sano seeking his advice in regard to our client’s options for pursuing compensation for that accident under Japanese law. Mr Sano subsequently provided us with a letter, containing a general and useful overview as requested.
We then requested that Mr Sano provide us with an invoice of his fees for that advice. Mr Sano responded with an e-mail to Ms Jennifer Brook of our firm dated 3 September 2010, a copy of which I attach with this email for your reference.
In that e-mail, Mr Sano indicated that his hourly rate is JPY 33,000, which roughly equates to $AUD405.00. He has requested that we wire the sum of $AUD1,300.00 to his bank account, for his services. We concede that this is a reasonable hourly rate for an experienced solicitor to charge, and paid him that sum.
However, you will note that in his e-mail, Mr Sano also requested that our client deposit the sum of $AUD50,000.00 into his bank account as an “initial payment taking into account the processes we should go through”. Further, he noted that a formula is used to “calculate payment [to him] at the end.”
Whilst it is common in Australia for a law firm to request that a client place sums of money into its trust account in anticipation of potential fees and disbursements, the sum of $AUD50,000.00 seems grossly excessive in the circumstances, or in any circumstance for that matter. At this stage of the matter, our client is still yet to obtain full details from police regarding the accident, or from his doctors regarding
1 of 15    2011/04/19 12:32
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the extent of his injuries, and therefore is still unsure as to whether there is any merit in pursuing a claim. In any event, it is unlikely that our client has a spare $AUD50,000.00 immediately available to him at this point in time.
In motor vehicle accident claims in Australia, in particular where there is no issue of liability on the insured’s part (as is the case with this client), it is common for the solicitor to charge the client on an hourly basis , but render an account only once the process has settled or been resolved. It is highly unlikely that a solicitor here would request such a large amount of money into trust, well before the matter is underway.
I write to ask your opinion on whether such a request by Mr Sano is standard procedure in Japan for this type of matter. We also request your opinion as to whether you are familiar with such procedure in Japan that is similar or the same as occurs here in Australia, as I have described above, as it would certainly be a more preferable one to our client.
Mr Sano has unfortunately recently advised that he can no longer assist us, as he is now working in a different area of law, and would require a substantial sum to be paid into his trust account (as stated above) if he was to reconsider acting for our client.
If you could recommend another English speaking Japanese solicitor practicing in the personal injury field, and who would consider acting on a basis similar to that as I have described as that which occurs in Australia, it would be most appreciated.
I am sorry to trouble you with this matter again, however we have contacted both the Japanese Consulate in Australia, and attempted to contact the Tokyo Bar Association, without much luck.
Kind regards
Michael Connelly | Associate | O’Loughlins Lawyers Level 2, 99 Frome Street, Adelaide SA 5000 | T +61 8 8111 4000 | F +61 8 8111 4099 | mconnelly@oloughlins.com.au
GPO Box 2410, Adelaide SA 5000 | Please visit our website: www.oloughlins.com.au
This email and any files transmitted with it are confidential to the intended recipient and may be privileged. We do not guarantee that this material is free from viruses or any other defects.
2 of 15    2011/04/19 12:32
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SKMBT_75111041414420.pdf
208K
ALLEN, Steven McIntire <steven.mcintire.allen@originlaw.net>    14 April 2011 15:03
To: OLOUGHLINS – Michael Connelly Mr. Connelly:
Thank you for letting me know. I sincerely apologize for the difficulties you have encountered. May I approach him on your behalf?
Regarding another referral, how about if I handle the matter for you? If I need local counsel, I will hire them as required.
Regards, McIntire Allen
S. McIntire ALLEN (源 眞久) Origin Law Offices, Professional Corporation California Bar License #210750 & New York Bar License #2785913 [Quoted text hidden]
OLOUGHLINS – Michael Connelly
To: “ALLEN, Steven McIntire” <steven.mcintire.allen@originlaw.net>
Dear McIntire
Many thanks for your prompt response.
14 April 2011 17:03
If you wish to approach Mr Sano, you are welcome. However, we bear no ill feelings to Mr Sano (or you for your recommendation) – we just considered his request rather excessive, and certainly beyond our client’s means.
Before we engage you, we would greatly appreciate it if we could get your assistance in terms of getting a “ball park” idea of whether it is worth engaging someone to pursue a claim (and, if in your opinion it is, we would like to engage you) to act for us.
By way of more recent background, I attach some correspondence between us and Mr Sano, in the form of annexures to our letter to him dated 1 April 2011. I also attach his e-mail in response, advising that he could no longer act for us.
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Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
As you will see from the correspondence, and by reason of the fact that we are most unfamiliar with the Japanese legal system in respect of this area of law, we are mostly (still) trying to get an idea as to whether there is any point in our client pursuing a claim. Mr Sano’s suggestion to place such a large sum into his trust account would suggest that there is a prospect of receiving a large compensation sum – however to us, this is still very unclear.
Finally, we note from Mr Sano’s attached e-mail of 8 April 2011,that the applicable statute of limitations in personal injury claims is 3 years generally in Japan. Our client’s accident occurred on 8 May 2008, and therefore, if Mr Sano’s advice is correct, and our client does decide to file a claim, then we must act quickly.
I thank you for your assistance once again, and look forward to your response.
Kind regards
Michael Connelly | Associate | O’Loughlins Lawyers
Level 2, 99 Frome Street, Adelaide SA 5000 | T +61 8 8111 4000 | F +61 8 8111 4099 | mconnelly@oloughlins.com.au
GPO Box 2410, Adelaide SA 5000 | Please visit our website: www.oloughlins.com.au
This email and any files transmitted with it are confidential to the intended recipient and may be privileged. We do not guarantee that this material is free from viruses or any other defects.
From: ALLEN, Steven McIntire [mailto:steven.mcintire.allen@originlaw.net] Sent: Thursday, 14 April 2011 3:33 PM To: OLOUGHLINS – Michael Connelly Subject: Re: Personal Injury Claim – Australian client
[Quoted text hidden] [Quoted text hidden]
———- Forwarded message ———- From: Sano Ryutaro To: OLOUGHLINS – Michael Connelly Date: Fri, 8 Apr 2011 19:15:33 +0930 Subject: Re: Personal Injury Claim – Australian client Dear Michael,
4 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
I just received a message from you. Thank you.
When it comes to the satute of limitation for driving accidents in Japan, the default rule is 3 years, and in particular, 2 years for insurance related payments.
I wish I could be of some assistance to you, but I am afraid I cannot. Please refer to other lawyers. This seems to be an accident to be governed by Japanese laws, I have to outsource my tasks to other Japanese lawyers of my friends if I am retained by your client. I talked to some of my friends but I cannot locate my friend helping in this case assuming we cannot get paid as usual.
I fully understand what you mentioned in your letter as to the fee payments in your country but my friends are traditional Japanese lawyers who cannot handle English language case and who only work based on the retainer agreements common to them. And, it took so much time from the previous contacts to the last letter from you, and we have to review the entire case all over again, which would cost our working time.
As such, I am afraid I cannot start working on this case, and please refer to other lawyers. I am a transactional lawyers with a focus on M&A, and I cannot come up with any appropriate friends at this stage.
Finally, I just got independent. Please use the following contact information hereafter:
Hojo Bldg. 4th Floor, Minamisemba 2-10-30, Chuo-ku, Osaka, 542-0081, Japan Sano Law Office Tel: 06-6121-2547 Fax: 06-6121-2540
Email: ryutarosano@sanoandsano.com
Best regards, Ryutaro Sano 2010年9月23日16:52 OLOUGHLINS – Michael Connelly :
Dear Ryutaro I must apologise for our delay in responding, and in payment of your fees.
I will arrange for our accounts department to deposit the sum of $AUD1,300.00 into your account tomorrow, Friday 24 September 2010.
Please note that we are currently drafting a letter in response to your letter and e-mail to Ms Jennifer Brook of our firm, which we hope to have to you in the coming days.
My apologies for the unintentional delay once again. Kind regards
Michael Connelly Associate ___________________
O’Loughlins Lawyers Level 2, 99 Frome St Adelaide SA 5000 T: +618 8111 4000 F: +618 8111 4099 E: mconnelly@oloughlins.com.au W: www.oloughlins.com.au
5 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
Disclaimer: Any loss/damage incurred using this material is not our responsibility and (save as expressly provided by law to the contrary) our entire liability will be limited to resupplying the material.
This email and any files transmitted with it are confidential to the intended recipient and may be privileged. We do not guarantee that this material is free from viruses or any other defects.
—–Original Message—– From: 佐野隆太郎 [mailto:rsano@midosujilaw.gr.jp] Sent: Wednesday, 22 September 2010 3:23 PM To: OLOUGHLINS – Jennifer Brook Cc: OLOUGHLINS – Michael Connelly Subject: Re: Personal Injury Claim – Australian client
Dear Jennifier, I hope this email finds you well.
This is a reminder for the “reasonable fee” of AUD 1,300. If you need to discuss anything, please let me know.
Best regards,
Ryutaro Sano Attorney-at-Law Tel: 81-6-6251-7282 Fax: 81-6-6245-5520 Osaka Toyoda Bldg 2nd Floor, 4-3-11 Minamisemba, Chuo-ku, Osaka, Japan 542-0081
On Fri, 03 Sep 2010 12:50:36 +0900 佐野隆太郎 <rsano@midosujilaw.gr.jp> wrote:
> Dear Jennifer, > > Thank you for your message. > > And thank you for my fee to date. > > My hourly rate is JPY 33,000 and I spent approximately four hours. > For your convenience, if you could wire AUD 1,300 to the bank account as > designated in the attached, that would be great. > I would be more than happy to send to you a little more formal invoice > or receipt on this. > > For your information, please let me explain about my fee in the event of > the retention. > Frankly speaking, I am employing almost the same rate, which was > established and already abolished by Japanese bar association, as used > for accidents where I represent a Japanese person. > As in the attached chart, we, Japanese attorneys, tend to wish to get > paid one third at the beginning, and the two thirds at the end. > The one at the beginning is just based on the expectation as to economic > benefit the client is likely to be entitled, or on the volume of work we > expect. > I would like ASD 50,000 for this initial payment taking into account the
6 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
> processes we should go through. > We use certain formula to calculate the payment at the end. > The attached spreadsheet can tell the last payment, contingent on how > much economic benefit (in Japanese yen) the client is entitled. > Say, if it is 10 million yen, I would get paid 1.18 million yen at the > end. > Or, if it is 3 million yen, I would get paid 480,000 yen at the end. > This type of payment at the end of the case is to be made in addition to > the initial payment. > I am not sure the amount of damage in this case, and I just think I > would like to assist if the client needs assistance. > Needless to say, we can do this on time-charge basis, if the client so > requests. > Either way, actual costs regarding inquiries or registrations will be > borne by the client in addition to my fee, but I presume such costs are > minimal in this case. > > Best regards, > Ryutaro Sano > > On Fri, 3 Sep 2010 10:32:36 +0930 > OLOUGHLINS – Jennifer Brook wrote: > > > Dear Ryutaro, >> > > Thank you for your below email and attachments, which were extremely helpful. >> > > We would be grateful if you could email us your invoice/account for your preliminary advice to date. >> > > We will now take our client’s instructions regarding whether he wishes to pursue one of the three avenues of compensation discussed. We will keep you informed. >> > > >> > > > > > > >> > > > > > > > > > > > > > > >> > > expressly provided by law to the contrary) our entire liability will be limited to resupplying the material.
Kind regards,
Jennifer Brook Associate _________________
Disclaimer: Any loss/damage incurred using this material is not our responsibility and (save as
This email and any files transmitted with it are confidential to the intended recipient and may be privileged. We do not guarantee that this material is free from viruses or any other defects. >> >>
> > —–Original Message—– > > From: 佐野隆太郎 [mailto:rsano@midosujilaw.gr.jp] > > Sent: Friday, 27 August 2010 11:32 PM > > To: OLOUGHLINS – Jennifer Brook
O’Loughlins Lawyers Level 2, 99 Frome St Adelaide SA 5000 T: +61 8 8111 4000 F: +61 8 8111 4099 E: jbrook@oloughlins.com.au W: www.oloughlins.com.au
7 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
> > >> > > >> > > >> > > > > > > >> > > > > >> > > >> > > >> > > > > > > > > > > > > >
Subject: Re: Personal Injury Claim – Australian client Dear Jennifer, Attached please find my preliminary comment on this case.
I really appreciate your thoughtfulness as to “reasonable” fee for this comment of mine. Please send such fee by wire transfer to my bank account whose information illustrated in another attachment.
In the event Mr. Brice will retain me, I will send a draft retainer agreement to be signed by him.
I look forward to hearing from you. Best regards,
Ryutaro Sano Attorney-at-Law Tel: 81-6-6251-7282 Fax: 81-6-6245-5520 Osaka Toyoda Bldg 2nd Floor, 4-3-11 Minamisemba, Chuo-ku, Osaka, Japan 542-0081
> > Ryutaro Sano > Attorney-at-Law > Tel: 81-6-6251-7282 > Fax: 81-6-6245-5520 > Osaka Toyoda Bldg 2nd Floor, 4-3-11 Minamisemba, > Chuo-ku, Osaka, Japan 542-0081
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
8 of 15    2011/04/19 12:32
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MJC Letter to Sano 1 Apr 11.pdf
1390K
ALLEN, Steven McIntire <steven.mcintire.allen@originlaw.net>
To: OLOUGHLINS – Michael Connelly Michael:
I hope you will permit me to write frankly. If not, too late, because here goes.
15 April 2011 01:18
I suspect, although am uncertain, that Mr. Sano does not want the stigma of withdrawing from your matter at this time. Consequently, he has used this work around. I would like to approach Sano regarding this. Do I have your consent to do so?
For future reference, rather than exchange documentation via email, may we do so via Origin’s virtual law office platform? If so, please create an account via the <login> item on the menu on the right side of www.originlaw.net. Please disregard any information about payment at this time.
I could contact an attorney I know, a Mr. Toshifumi Nose, JP Bar Reg. #18818, to find a ball park figure for you. His rates are reasonable, and I wish I had known of him at the time I referred you to Sano. Mr. Nose is my personal counsel.
I suspect pursuing this claim would not be cost effective for your client if the client uses your firm, or a Japanese attorney. I have a proposal. I will find a law student, perhaps graduate level, perhaps undergraduate level. I will employ the student for say, JPY1,000 per hour, and pursue this claim. I will do this work for you for 1/3 of the recovery, minus what the law student charges my firm for an hourly rate. Please let me know if that seems fair or not.
McIntire
S. McIntire ALLEN (源 眞久) Origin Law Offices, Professional Corporation California Bar License #210750 & New York Bar License #2785913
[Quoted text hidden]
[Quoted text hidden]
———- Forwarded message ———- From: Sano Ryutaro To: OLOUGHLINS – Michael Connelly Date: Fri, 8 Apr 2011 19:15:33 +0930 Subject: Re: Personal Injury Claim – Australian client Dear Michael,
I just received a message from you. Thank you.
When it comes to the satute of limitation for driving accidents in Japan, the default rule is 3 years, and in particular, 2 years for insurance related payments.
I wish I could be of some assistance to you, but I am afraid I cannot. Please refer to other lawyers. This seems to be an accident to be governed by Japanese laws, I have to outsource my tasks to other Japanese lawyers of my friends if I am retained by your client. I talked to some of my friends but I cannot locate my friend helping in this case assuming we cannot get
9 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
paid as usual. I fully understand what you mentioned in your letter as to the fee payments in your country but my friends are traditional Japanese lawyers who cannot handle English language case and who only work based on the retainer agreements common to them. And, it took so much time from the previous contacts to the last letter from you, and we have to review the entire case all over again, which would cost our working time.
As such, I am afraid I cannot start working on this case, and please refer to other lawyers. I am a transactional lawyers with a focus on M&A, and I cannot come up with any appropriate friends at this stage.
Finally, I just got independent. Please use the following contact information hereafter:
Hojo Bldg. 4th Floor, Minamisemba 2-10-30, Chuo-ku, Osaka, 542-0081, Japan Sano Law Office Tel: 06-6121-2547 Fax: 06-6121-2540
Email: ryutarosano@sanoandsano.com
Best regards, Ryutaro Sano 2010年9月23日16:52 OLOUGHLINS – Michael Connelly :
Dear Ryutaro I must apologise for our delay in responding, and in payment of your fees.
I will arrange for our accounts department to deposit the sum of $AUD1,300.00 into your account tomorrow, Friday 24 September 2010.
Please note that we are currently drafting a letter in response to your letter and e-mail to Ms Jennifer Brook of our firm, which we hope to have to you in the coming days.
My apologies for the unintentional delay once again.
Kind regards
Michael Connelly
Associate ___________________
O’Loughlins Lawyers Level 2, 99 Frome St Adelaide SA 5000 T: +618 8111 4000 F: +618 8111 4099 E: mconnelly@oloughlins.com.au W: www.oloughlins.com.au
Disclaimer: Any loss/damage incurred using this material is not our responsibility and (save as expressly provided by law to the contrary) our entire liability will be limited to resupplying the material. This email and any files transmitted with it are confidential to the intended recipient and may be privileged. We do not guarantee that this material is free from viruses or any other defects.
—–Original Message—– From: 佐野隆太郎 [mailto:rsano@midosujilaw.gr.jp] Sent: Wednesday, 22 September 2010 3:23 PM
10 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
To: OLOUGHLINS – Jennifer Brook Cc: OLOUGHLINS – Michael Connelly Subject: Re: Personal Injury Claim – Australian client
Dear Jennifier, I hope this email finds you well.
This is a reminder for the “reasonable fee” of AUD 1,300. If you need to discuss anything, please let me know.
Best regards,
Ryutaro Sano Attorney-at-Law Tel: 81-6-6251-7282 Fax: 81-6-6245-5520 Osaka Toyoda Bldg 2nd Floor, 4-3-11 Minamisemba, Chuo-ku, Osaka, Japan 542-0081
On Fri, 03 Sep 2010 12:50:36 +0900 佐野隆太郎 <rsano@midosujilaw.gr.jp> wrote:
> Dear Jennifer, > > Thank you for your message. > > And thank you for my fee to date. > > My hourly rate is JPY 33,000 and I spent approximately four hours. > For your convenience, if you could wire AUD 1,300 to the bank account as > designated in the attached, that would be great. > I would be more than happy to send to you a little more formal invoice > or receipt on this. > > For your information, please let me explain about my fee in the event of > the retention. > Frankly speaking, I am employing almost the same rate, which was > established and already abolished by Japanese bar association, as used > for accidents where I represent a Japanese person. > As in the attached chart, we, Japanese attorneys, tend to wish to get > paid one third at the beginning, and the two thirds at the end. > The one at the beginning is just based on the expectation as to economic > benefit the client is likely to be entitled, or on the volume of work we > expect. > I would like ASD 50,000 for this initial payment taking into account the > processes we should go through. > We use certain formula to calculate the payment at the end. > The attached spreadsheet can tell the last payment, contingent on how > much economic benefit (in Japanese yen) the client is entitled. > Say, if it is 10 million yen, I would get paid 1.18 million yen at the > end. > Or, if it is 3 million yen, I would get paid 480,000 yen at the end. > This type of payment at the end of the case is to be made in addition to > the initial payment.
11 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
> I am not sure the amount of damage in this case, and I just think I > would like to assist if the client needs assistance. > Needless to say, we can do this on time-charge basis, if the client so > requests. > Either way, actual costs regarding inquiries or registrations will be > borne by the client in addition to my fee, but I presume such costs are > minimal in this case. > > Best regards, > Ryutaro Sano > > On Fri, 3 Sep 2010 10:32:36 +0930 > OLOUGHLINS – Jennifer Brook wrote: > > > Dear Ryutaro, >> > > Thank you for your below email and attachments, which were extremely helpful. >> > > We would be grateful if you could email us your invoice/account for your preliminary advice to date. >> > > We will now take our client’s instructions regarding whether he wishes to pursue one of the three avenues of compensation discussed. We will keep you informed. >> > > >> > > > > > > >> > > > > > > > > > > > > > > >> > > expressly provided by law to the contrary) our entire liability will be limited to resupplying the material. This email and any files transmitted with it are confidential to the intended recipient and may be privileged. We do not guarantee that this material is free from viruses or any other defects. >> >> > > > > > > > > > > >> > > >> > > >> > > > >
Kind regards,
Jennifer Brook
Associate _________________
Disclaimer: Any loss/damage incurred using this material is not our responsibility and (save as
Dear Jennifer,
Attached please find my preliminary comment on this case.
O’Loughlins Lawyers Level 2, 99 Frome St Adelaide SA 5000 T: +61 8 8111 4000 F: +61 8 8111 4099 E: jbrook@oloughlins.com.au W: www.oloughlins.com.au
—–Original Message—– From: 佐野隆太郎 [mailto:rsano@midosujilaw.gr.jp] Sent: Friday, 27 August 2010 11:32 PM To: OLOUGHLINS – Jennifer Brook Subject: Re: Personal Injury Claim – Australian client
I really appreciate your thoughtfulness as to “reasonable” fee for this comment of mine. Please send such fee by wire transfer to my bank
12 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
> > >> > > > > >> > > >> > > >> > > > > > > > > > > > > >
account whose information illustrated in another attachment.
In the event Mr. Brice will retain me, I will send a draft retainer agreement to be signed by him.
I look forward to hearing from you. Best regards,
Ryutaro Sano Attorney-at-Law Tel: 81-6-6251-7282 Fax: 81-6-6245-5520 Osaka Toyoda Bldg 2nd Floor, 4-3-11 Minamisemba, Chuo-ku, Osaka, Japan 542-0081
> > Ryutaro Sano > Attorney-at-Law > Tel: 81-6-6251-7282 > Fax: 81-6-6245-5520 > Osaka Toyoda Bldg 2nd Floor, 4-3-11 Minamisemba, > Chuo-ku, Osaka, Japan 542-0081
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
OLOUGHLINS – Michael Connelly     15 April 2011 11:59
To: “ALLEN, Steven McIntire” <steven.mcintire.allen@originlaw.net>
McIntire
13 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
Many thanks for your response, once again.
I am currently taking instructions and will respond to you once they are received.
Kind regards Michael Connelly | Associate | O’Loughlins Lawyers
Level 2, 99 Frome Street, Adelaide SA 5000 | T +61 8 8111 4000 | F +61 8 8111 4099 | mconnelly@oloughlins.com.au
GPO Box 2410, Adelaide SA 5000 | Please visit our website: www.oloughlins.com.au
This email and any files transmitted with it are confidential to the intended recipient and may be privileged. We do not guarantee that this material is free from viruses or any other defects.
From: ALLEN, Steven McIntire [mailto:steven.mcintire.allen@originlaw.net] Sent: Friday, 15 April 2011 1:48 AM
[Quoted text hidden]
[Quoted text hidden] [Quoted text hidden]
ALLEN, Steven McIntire <steven.mcintire.allen@originlaw.net>
19 April 2011 08:05
To: OLOUGHLINS – Michael Connelly , tedjohnson@paulhastings.com Michael:
I have copied Mr. Theodore John Son here. He appears to have a burning interest in pro bono work. Perhaps he could serve?
Teddy Bear:
Are you too busy too retain counsel? If not, have the three people present their business cards to me at tonight’s dinner, and have each of the three people audibly introduce themselves as your representative. Do you agree with the expression: ‘I don’t care what you write about me, just spell my name right’? You have until noon to reply to this email. Stay well.
Regards, Mak your Daddy
S. McIntire ALLEN (源 眞久) Origin Law Offices, Professional Corporation California Bar License #210750 & New York Bar License #2785913
14 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
[Quoted text hidden]
15 of 15    2011/04/19 12:32

20 April 2011 08:24 JST

Dear Ted Air:

Did you miss the post Rutan Redux? Time’s up! What’s it gonna be my nigga, yes or no?

Mak yo daddy no mo

Dear Edward Stokes Johnson Jr – #169665:

I understand you have discovered I have taken your balls. Thanks very much for having a real men leave me a voice mail message because you do not have the cahones. I hope that works for you.

Hugs & kisses,
Mak

ALLEN, Steven McIntire <steven.mcintire.allen@originlaw.net>

JFBA
2 messages

David R. Socher 22 April 2011 10:15
To: jfba@gaiben.jp

Dear Sir,

 

I am a former member of the Dai-Ichi Bengoshi Kai.

 

My gaiben license was active from 2000 to 2004.

 

Can I be a LinkedIn member of JFBA?

 

Thank you,

 

David R. Socher

Attorney at Law

3443 Golden Gate Way, Suite F

Lafayette, CA 94549

Tel: (925) 962-9191

Fax: (925) 962-9199

www.drsocher.com

 

This e-mail message is confidential, is intended only for the named recipient(s) above, and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you have received this message in error, or are not a named recipient(s), you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this message in error, please immediately notify the sender by return e-mail and delete this e-mail message from your computer. Thank you.

******************************************************************************************************************************************************************

 
Allen, Steven McIntire <cle@gaiben.jp> 22 April 2011 10:17
To: “David R. Socher”
Cc: jfba@gaiben.jp
No, and be sure and say good morning to Ted. 

Regards,
McIntire Allen

S. McIntire ALLEN (源 眞久)

California Bar License #210750 & New York Bar License #2785913 Not licensed by Japan
Continuing Legal Education (CLE) Coordinator 

Japan Law Society web page membership: LinkedIn Group
[Quoted text hidden]

Filed under facts, image guidance, Incubator, international relations, international trade, jurisprudence, legal practice, military

Y?

13 April 2011 by Leave a Comment

A store opened across the street from the Asahi offices in the ATT New Building.  The store was exactly the sort of mountain bike shop I had patronized in the past.  The store’s name was Y’s Road.  In 2009, a Y’s Bikes opened up near my home in GrandHill.
In the spring of 2001 the letter Y began appearing prominently in a variety of places in my daily life.  The initials for the fictional client Yusen Yagi were both Y.  “Y!” is the logo for Yahoo.  The symbol for OriginSun currency, ¥, includes a Y and an ‘equals’ sign.  Y represents the male chromosome.
In English, ‘Why’ is pronounced the same as the letter Y.  I ask myself ‘why’ to an extent that was clearly frustrating to attorneys at Rutan & Tucker, Asahi and others.  People tell me I think too much, usually people who think their life would be easier if I thought less.
I was not sure of the significance, or of the relationship, if any to the ‘X’ symbolism at Rutan.  Perhaps this Y was to represent the yin to the ‘X’ of Rutan’s yang.  Perhaps the Aerospace Project has some significance to the X and Y symbolism, particularly the chromosomes of the genders of prospective passengers.
Regarding the ¥ symbol, one of the matters I worked on at Asahi involved liquefying substantial OriginSun assets supposedly belonging to Yagi.  The process seemed to take more time, and steps than necessary.  Mr. Justice WisteriaThatOne236, the supervising partner, may have just been educating me in the process, or testing my teamwork with himself and the associate.
However, after a particular conversation with J. WisteriaThatOne, I began to suspect that Asahi testing me to transfer the client’s funds for my personal use.  Yagi’s fictional personal name, Yusen, is pronounced the same as the word for: right of way.237 Naturally, transferring funds for my personal use would have been illegal, and I never did anything to indicate I would do so.  Even so, a simple internal sale and transfer of international assets began when I started at Asahi, but was not finished when I quit.

Filed under facts, international relations, jurisprudence, legal practice

Law Games: Los Angeles: 1999

13 April 2011 by Leave a Comment

In June 1999 in The Angels, I interviewed for a legal position.  At the interview, the supervisor, Attorney Scott Lane, asked questions indicating concern that I might try to usurp the judge’s role in determining fault.  I assured him I would not.  I accepted the offer of employment.
This was a complex environmental litigation matter with several different entities working cooperatively.  The defendant’s insurance company hired defense counsel: Paul, Hastings, Janofsky, and Walker (Paul Hastings), an 1000-attorney law firm headquartered in The Angels with 18 offices worldwide including CapitalEast.210 Paul Hastings hired Zia, a document production services company from the Bay Area in Northern California.  Zia hired Special Counsel, a nationwide company, to supply Zia with approximately 100 attorneys over the life of the litigation.
We worked in office space leased near the site of the dispute.  This matter and the matter at White & Case in Manhattan were similar in the structure of employment on the Project.  Both involved employment of approximately 100 attorneys by Special Counsel.  In both I worked at the instruction of a law firm with branch offices in CapitalEast.  Both involved a matter defending huge, multinational, defense industry corporations.  Both were in the same metropolitan area where I lived, one of the two largest metropolitan areas in America.
One day in the break room one of the associates from Paul Hastings was reviewing documents.  I came into the room to use the phone to call Persistence.  I spoke to her using the OriginSun language, and said the work was monotonous.
After I hung up, the associate complimented my OriginSun speaking skills.  The associate had studied the OriginSun language in college, but claimed to be unable to speak OriginSun very well.  Oops.
About this time, my third sister told me of her volunteer work building houses for Habitat for Humanity.  I told her I had heard that was an organisation affiliated with former American President Jimmy Carter.  She said she enjoyed the camaraderie.

Filed under facts, Incubator, jurisprudence, legal practice

A Lesson in Ethics

12 April 2011 by Leave a Comment

Just after I began a project job for Paul, Hastings, Janofsky & Walker, LLP, Attorney Crane Stephen Landis, a classmate from Temple University Japan Campus School of Law (TUJ Law), returned to Los Angeles from Washington, DC.  Landis had worked as legal counsel to the Democratic Party, and was now looking for work in The Angels.  I suggested I approach my supervisor to see if there were any job openings for Landis on the Project.
Landis voiced reservations about Paul Hastings, but his objections were not clear.  I questioned him further.  He evaded answering.  After speaking with Landis, I began to consider what my coworkers and I were doing as a whole, instead of just thinking what I was doing individually.
I began to see what I suspect Landis meant about Paul Hastings.  To protect attorney/client privilege, I am unable to go into detail here about what I found ethically and morally objectionable.  However, I will try to describe my situation, and the procedural aspects of my attempt to respond to the circumstances.
Attorney Scott Lane worked directly for Zia.  After Lane, the next most senior attorney in our office, Tiffany Burrell, and all the other attorneys, including myself, worked for Special Counsel.  Occasionally, Paul Hastings attorneys would come to visit the office, as in the case of the Paul Hastings associate who heard me complain in OriginSun to Persistence SmallBird about the monotonous work.
Lane was an avid mountain biker, and Palm user.  We were social.  We compared our electronic personal data assistants (PDA) which were just coming into fashion.  We went to dinner at a bad sushi place, and went mountain biking together.  I hesitated to bring my concerns to Lane because I knew speaking to Lane would be pointless, although according to the California Bar Association Rules of Professional Conduct, this was my only recourse.
I telephoned a number on several occasions, and I was led to believe I was connected to The State Bar of California Ethics Hotline.211 The persons on the other end of the phone line told me that what I was doing was not unethical.  They did not indicate they saw anything wrong with what I was doing.  They did not instruct me to inform my direct report in writing.
I would not be surprised to learn that this effort to contact the California Bar Association had been Incubatorized.  More specifically, by Incubatorized I mean my effort to gain guidance from the California Bar was similar to my effort to consult the American Bar Association ‘career guidance’ office.  Prof. Beyer had successfully debunked my explanation of how I chose to study the OriginSun language.
However, in the case of the Ethics Hotline, I have no factual evidence to indicate I was not connected with the California Bar Ethics Hotline.  Moreover, unlike the ABA career services office, no one has ever told me that the California Bar Ethics Hotline is a fabrication.  However, much like my attempted call to the ABA, I obtained a number and dialed the call.  I used a public pay phone in a bowling alley across the street from my workplace.  I was certain I was being observed by others in the bowling alley while dialing the call, but I do not know who those other people were.
In contrast to when I telephoned the Ethics Hotline in 1999, today when I telephone the Ethics Hotline in 2010 I am told the Ethics Hotline must call me back.  The requirement that the Ethics Hotline call inquiring attorneys back may have been due to experiences such as my potentially Incubatorized inquiry in 1999, or the Incubatorized experiences of others that were brought to The State Bar of California.  However, when I explain I am calling from OriginSun, the person to whom I am led to believe works at the Ethics Hotline tells me that the Ethics Hotline cannot return international calls.
One might conclude that someone was intercepting my calls to the Ethics Hotline in 1999.  Any of the parties connected with the matter may have discovered my calls had been intercepted or wanted to be able to plausibly deny that they intercepted my calls.  The State Bar of California then implemented this system of returning the telephone calls of attorneys who contacted the Ethics Hotline for advice.
The important point that one could conclude from reaction of the Incubator to the increased precautions of the Ethics Hotline consultation procedures is that the Incubator is considerably more adept at circumventing the Rules of Professional Conduct than The State Bar of California is at keeping pace with the Incubator.  To some extent the Incubator feeds on my wisdom.  To another extent, human interaction is required somewhere in the chain to feed back to me my wisdom.  No matter how many rules we invent, how many laws we pass, how ethical we may aspire to become, we are our own worst enemies.
Moreover, now that I am initially drafting this portion in West GrandHillCity, OriginSun on 19 February 2010, I am still no longer under any delusions that the State Bar of California can keep up with, much less stay ahead of, the shenanigans the Administrators invent to avoid laws and rules such as the Rules of Professional Conduct of the State Bar of California.  Consequently, when I call the State Bar of California Ethics Hotline and speak to a man named Mark Taxy, who tells me he is the Staff Attorney for the Ethics Hotline, I really cannot be certain who is providing me with cites.  Because I am calling internationally, the Ethics Hotline is not calling me back, so the security precautions enacted by the State Bar to respond to the hypothetical interception of my 1999 calls to the Hotline are not keeping pace with the changes the Incubator has taken to alter my circumstances.  I am just as ill-equipped to battle the Incubator in 2010 as I was in 1999.
In any case, back to the chronology, and the project for Paul Hastings in 1999: I had not become an attorney to engage in ethically questionable activity.  I did not think I was abiding by proper moral standards, but I had no real recourse.  I could of course have petitioned Attorney Lane, and risk losing my job.  The concerns I did manifest resulted in a few of my supervisors making nervous noises, but I sincerely doubt I more than ruffled a few feathers.  At best, I was farting in a hurricane.
I contacted Temple University Law Prof. Louis “Lou” Natali in Philadelphia.  By telephone, I thoroughly explained my situation to Natali, who seemed dramatically concerned.  I believe Natali thought Paul Hastings’s conduct was very inappropriate, but Natali emphatically told me to do nothing until I heard from him.  I never heard from him again until 2009.  After a reasonable duration in 1999, I began to seek other sources of advice, including the counsel of Ms. Burrell, who had recently resigned from the project to work as a government prosecutor.  When I did eventually communicate with Natali again in 2009, that was simply a social exchange of emails, and confirmation, again via email, that he recalled the telephone call in 1999.

Filed under facts, jurisprudence, legal practice

AT&T

11 April 2011 by Leave a Comment

In the ceiling of the Asahi Law Office’s main meeting room, there was a tinted, transparent plastic half-bubble.  I could not see behind the plastic, but I inferred there was a camera on the other side.  I attended a section group meeting in this main conference room at Asahi in the ATT New Building.
As I was taking notes, I recalled something unrelated to the section group meeting discussion which I wished to discuss with Tai.  At the top of my notes, I wrote: “Tai” in big letters, and circled the letters.  In smaller writing below, I noted what I wanted to remember to discuss with her.
I suspect her name: “Tai,” would have been legible from the display connected to the video camera which I figured was behind the tinted bubble in the ceiling.  The smaller writing reminding me about what I wanted to remember to ask her was indecipherable to the viewer of the display.  My note in smaller writing had nothing to do with the section meeting.
After a few minutes, Tai appeared at the door and sat down at the conference table.  I stared at her and she stared at me.  That was the only time I had ever seen a secretary in a section group meeting.  I suspect the person monitoring the video display connected to the camera in the plastic half-bubble in the ceiling saw my note where I wrote: “Tai,” but could not see the smaller notation.  The monitoring person had relayed instructions for Tai to join the meeting, or told her to join the meeting.
Asahi annoyed me by presupposing what I wanted.  Besides, the matter I wanted to speak with her about had nothing to do with the meeting.  I looked at her, and then looked directly at the camera concealed behind the tinted bubble in the ceiling.
I glared at the tinted bubble for a few moments, trying to communicate my dissatisfaction to the Law Firm of the Rising Sun.  Naturally, my glaring at a tinted plastic half-bubble in the ceiling probably concerned the viewer of the monitor about as much as me farting in a hurricane, again.  Part of my frustration at my impotence has provoked me to publish this b log.
I try to have a positive work attitude.  I did not want to criticize Asahi to Asahi or to outsiders.  I was concentrating on adapting.
At a workday lunch in the building above BoninWhite-eye257 Station, Attorney Vicki L. Beyer asked me about my situation at Asahi.  She might have inquired at the behest of Hump ButtocksInlet.  In any case, I did not doubt for a minute that anything and everything I told her about my work would be relayed to ButtocksInlet, and not necessarily by her.  I had come to constantly presume there was always at least one Handler or Freelancer nearby, in this case to relay my responses to Asahi.
In response to Beyer’s inquiry about my work situation at Asahi, I explained to Beyer about my secretary, and I tried to explain that people monitored my actions closely.  By way of example, I asked Beyer if she knew the people sitting at tables on either side of our lunch table, and if they were listening to our conversation.  The question seemed to sincerely mystify her.
I also wondered aloud about information people could collect using listening devices in someone’s bedroom to scrutinize what a person said in their sleep.  Particularly disturbing about this method of information collection is the disclosing party would be unaware of the disclosure.  I was trying to give concrete examples of my Incubator to make her appreciate the surveillance involved.
I do not think I successfully explained myself to Beyer.  She told me the headquarters for the OriginSun Self-defense Forces, and the American military in OriginSun was in TreeBookSix.b3 I asked Beyer about the finger(s) she used to push the buttons in an elevator.
She indicated her pointer.  She asked me.  I replied I use all five.  After lunch I returned to work.
This Affiliation Product: pushing the buttons of the military industrial complex includes:

  1. Numbers:
    1. The number one: a Source>Other>Tangible>Body;
    2. The number five: a Source>Self>Verbal;
  2. Fingers:
    1. Beyer: Source>Other>Body;
    2. Allen: Source>Self>Body;
  3. The military industrial complex: The Pentagon in Arlington, Virginia: a Source>Self>Cognitive & Telepathic Method
  4. Method used to affiliate Components:
    1. Beyer: Source>Other>Verbal
    2. Allen: Source>Self>Cognitive & Telepathic Method

That evening I went to a social occasion outside the office with Asahi attorneys.  I left the office with associates, and Mr. RealityStrength PineTreePeace.258 We took the elevator down.
PineTreePeace stood closest to the buttons to work the elevator.  When everyone was inside, he looked at me, certain I was looking at him.  Then his gaze turned to the elevator the buttons, and he pushed the first floor button using all five fingers.

Filed under facts, jurisprudence, legal practice

x’s and y’s

10 April 2011 by Leave a Comment

Defining an Incubator is like trying to define when a species becomes sentient.  There is no fixed rule.  Even today I become more aware of what my Incubator does to my life.
An Incubator could be analogous to a fantasy sports league.  Individuals assign to different Factions, and Factions have metaphorical front office staff as well as trainers, coaches, presidents, etc.  The Factions can be roughly arranged into Teams, and the Teams can be roughly arranged into Leagues.  Stables are forums encompassing entire Incubators or portions of Incubators.  This structure is the product of a postindustrial society where knowledge has replaced capital as society’s most important resource.55
There are many Incubators, but as of this writing I only occupy one to my knowledge.  One type of individual in an Incubator is an Asset.  I am an Asset.
Assets are essentially advisors.  They are often unaware of their status as an Asset.  The Asset may not be aware of the rules, the assignment, or the structure of the League, the Stable, or the various roles played by others.  By using an Incubator to poll her Assets, an Actor is able to quickly consider the wisdom of an Actor’s proposed public stance, course of action, or general policy.
Stables often help the proper functioning of the Incubator by providing topics, Playing Fields, and other individuals to interact with the Asset.  The Actor may arrange for Stables, other Assets, Freelancers or Handlers to work over an Asset simply so the Actor can discover the Asset’s true motivations, goals and opinions.  For example imagine a hypothetical candidate: Actor A in a hypothetical election campaign wishing to unseat an incumbent.  Both the candidate or the incumbent must determine how to respond to particular issues in the campaign.  Naturally, both candidate and incumbent would run regular polling and interest group surveys, but another method would be to consult an Asset(s).
Actor A may wish to use an Incubator to investigate an Asset anonymously.  A Handler, an individual who handles, manages, or manipulates the Asset, may be used by an Actor to investigate the thoughts of an Asset about a certain issue(s).  One method would be for the Handler to strike up a casual conversation.
Instead of using a Handler, another method to determine an Asset’s position on a certain issue(s) would be to retain a Freelancer for a one-off inquiry.  A Freelancer is a relatively unassociated individual who may be used for a particular assignment, and then not retained or maintained again until needed.  A Handler has a more ongoing relationship with an Actor than a Freelancer.
In the hypothetical election example, an Asset might provide valuable insight to either or both candidates on a matter on the campaign, the candidates, or the issues.  By soliciting opinions from various Assets for the campaign, Actor A is able to determine the feeling on the street.  This is similar to random sampling except that there is nothing random about the sample at all.  Another principal use of the Incubator is for Image Guidance.
The Identity is the façade of the Actor.  In other words, the name in the news, or the person who receives credit or blame for the Actor’s decisions.  Among individuals who are aware of the functioning of the Incubator, the Identities, Stables and Leagues have reputations among individuals inside and outside of the Incubator.
The Stables and the Leagues know the reputations of other Stables and Leagues.  The Leagues also have a wider reputation among individuals who are aware of the structure of the competition.  Actor’s may have some reputation with other entities in the Incubator, but some Actors are anonymous.
Assets also take action.  They may do so to serve the purposes of their sponsoring Actor(s).  For example, Assets were the individuals who carried out the Project commonly called 9/11.
A Project is a training exercise for Assets, which may or may not result in an Event.  Events are happenings of political, military or diplomatic significance.  I think we say the 9/11 Project resulted in an Event.
If an Asset does not play by the rules, the Incubator may hold the Stable and the Actor(s) accountable.  Before an effective Identity uses an Asset, the Identity will thoroughly know the Asset’s behavior patterns.  To thoroughly understand the Asset’s behavior patterns, extensive use of the Incubator is required.
The more complex a Project, the more training required.  The more training required the more behavior assessment of the Asset.  Reputable Actors who find a useful, reliable Asset want to meticulously know that Asset.  Responsible participants want to uncover obstacles, if any, sooner than later.
The Leagues may use anything as a focal point.  For instance, a League could be based on geography, ideology, industry, or on a specific Project.  The participants may be real people, fictional individuals, or aggregated individuals posing as one Identity.  The individual need not be human.  For example, a corporation may be an individual.
At one end of the hierarchy are Actors.  An Actor may be reputed among competing Actors to breed the best Assets possible.  An Actor is an élite who is able to make decisions that have much effect.
The Actors, Identities, and Stables are associated with Factions.  These Factions have long histories, some of them hundreds of years.  Some Actors have equally long histories, extending back generations.  Identities’ and Actors’ affiliations with the Factions define our history.  The Factions have particular goals as determined by the participants, the interplay of Events, and nature.
The interplay of an Incubator generally defines long-term goals.  As a rule, no single Actor can generally define long-range goals because there are too many forces at work.  This is at once perhaps the greatest strength, and the greatest weakness of the Incubator.  The Incubator becomes self-perpetuating even if Actors might prefer to disempower the Incubator.
Actors may select and remove Assets from the Stable’s roster.  The Actor may use other Assets, Handlers or Freelancers to improve or destroy an Asset.  The Actor wishes to maneuver for place, train participants, and organizations, or meet certain goals.
In a situation where aggregated participants and/or organizations have a meeting of the minds to meet a particular goal, the joined forces could have dramatic consequences resulting in an Event.  Participants who are integrally involved in a Project to stage an Event may never meet, or be conscious of their connection to other participants.  Events are usually public.  However, participants, particularly Assets, may play a role in an Event, yet never become aware of the Event.  Even if an Asset becomes aware of an Event, she may not be aware of her role in the Event.
A Sponsor is a financier, an investor in an Asset.  Sponsors may be Actors, Identities or neither.  More than one Sponsor may finance the same Asset.
Actors may simultaneously be Assets.  Even decision makers such as Actors are not necessarily aware of why they are deciding the way the do.  Also, Actors may not fully comprehend why they have been opportuned to decide something.
Actor X may use Actor Y as Actor X’s Asset.  Actor Y may be using another Asset at the same time as Actor Y is being used as Actor X’s Asset.  Some years later, perhaps never, Actor Y may come to understand why he had an opportunity to use an Asset, or why he used an Asset as he did.

Filed under image guidance, Incubator, jurisprudence, legal practice

Courts of law and other Japlish

30 November 1999 by Leave a Comment

死は彼を高みへと導いた

Edmund Spenser, poet
c. 1522, London, England to
13 January 1599, London, England
quoted in the OriginSun version of The Kennedy’s

US Patent Agent James Judge, a Caucasian American, owns a patent agency in GrandHill, OriginSun. Victoria Australia Barrister and Solicitor Timothy Fagan, a Caucasian Australian, works for Ogasawara Patent Office(OPO). Both men have OriginSun spouses, and reside in WestoftheGateway. Mr. Shiro Ogasawara (Ogasawara) was an OriginSun patent attorney. Unless otherwise indicated all individuals are believed to be OriginSun citizens with Asian ancestry.

According to Fagan and Judge, Ogasawara had various translation and legal practice entities. OPO’s web page indicates 50 employees at OPO. Fagan told California and New York Attorney Steven McIntire Allen that the total employee count of all Ogasawara corporate and private entities was two or three hundred.

On 08 August 2011 Judge told Allen, an American with European ancestry, that Ogasawara has a subservient younger brother who worked with Ogasawara. According to Judge, Ogasawara’s patent practice involved two, perhaps three entities:

1. Ogasawara Patent Office (OPO) [小笠原特許事務所]

2. A corporate entity 業務法人 = gyomuhojin (GH)

A. Formed about August 2010
B. Mr. Koichi Nakamura（中村 公一）told Judge the GH has unlimited liability for the partners
C. Judge claimed there were three partners in the GH
D. Two of the partners left in early 2011, and the third partner, Ogasawara, is dead

3. IP-Pro KK (IPKK)

A. Formed 2008
B. Ogasawara hired Nakamura to operate IPKK

Primarily three patent attorneys were involved as officers and directors of OPO, the GH and IPKK. They were:

1. Mr. Mutoh:

A. Patent attorney licensed by OriginSun
B. Until 2011:

i. Partner of GH
ii. Vice president of OPO

2. Mr. Suzuki:

A. OriginSun patent attorney
B. Partner of GH until mid 2011

3. Ogasawara:

A. OriginSun patent attorney
B. Believed to be the last remaining partner of the GH until his death in August 2011
C. Judge believed, but was not certain, Ogasawara was the sole owner of IPKK

US Patent Agent Rodney Butler, an American citizen with African ancestry, holds a Juris Doctorate from the University of Baltimore School of Law. Butler was unable to pass an American bar exam after three attempts, the last of which was July 2011. He did not pass the US Patent & Trademark Office (USPTO) Agent’s exam. Butler qualified to become a US Patent Agent because Butler worked the requisite time as a Patent Examiner at the USPTO.

Butler was and is employed by a patent agency, 新ジュー Global. Butler has a substantial following at Panasonic. According to Judge, Butler is frustrated to the point of violence with Mr. Yoshio Miyagawa [宮川 良夫], a senior OriginSun patent attorney and manager at Shinjyu Global.

Darwin Clupper, a Caucasian American, is an Iowa attorney. Besides the Iowa Bar exam, he also passed the USPTO agent’s exam. He works in-house at a pharmaceutical company in GrandHill.

Allen began writing an autobiographical manuscript in 2003. Allen provided Fagan and Judge, among others, with an electronic copy of the manuscript. In early 2011, Allen published a revised version of the manuscript as the B Log.

Judge has said more than once Allen reminds Judge of Judge’s younger brother. On one occasion Allen told Judge, “You are just coasting.” Judge replied: “Yes, but I like coasting.”

Judge’s secretary, Ms. Takami Takesue（竹末 孝美）probably shares Judge’s preference for coasting. Moreover, the authorities will probably not permit Judge a more facilitative secretary than Ms. Takesue. Another example of permissible secretaries was explained to Allen in a 1994 visit to Allen’s first country. Do Aung San Suu Kyi’s ancestors believe she is coasting?

Beginning in 2008, Butler, Fagan, Judge and Allen began meeting at Allen’s suggestion. They met repeatedly, sometimes separately, and at least once as a group. Fagan, Judge and Allen also met with Clupper.

Allen explained Allen wished to set up a US patent search, prosecution and translation practice in GrandHill. Allen suggested, and Butler, Fagan and Judge adamantly agreed, that a practice administrated by foreigners would have the pick of top talent. If one does not permit OriginSun licensed professionals to manage foreign legal professionals, the clients receive better, faster and less expensive translations and patent prosecutions. Allen verbalized to enthusiastic agreement from all but Clupper. Some attorneys have the good sense to shut up.

Allen began to suspect that the others did not believe they needed Allen to setup a US patent prosecution practice in GrandHill. The Administrators made clear that Allen’s only option was to cooperate. IPKK was formed and Ogasawara hired Nakamura to run IPKK. They hired Paul Randall Steffes, Ohio Bar Registration Number 0067967, USPTO Registration Number 43156. Steffes is now at Nagoya International Patent Firm.

When speaking with OriginSun people, Steffes uses his given name instead of his family name. The OriginSun peoples address pets and children by their given names. According to Judge, Steffes was an OriginSun patent firm PosterBoy who could not prosecute patents. Judge explained that Steffes thought the IPKK job would involve checking English and “advising on legal issues” like other jobs Steffes had held.

Besides Panasonic, one example of the sort of clients IPKK, OPO and the GH had or has is Buffalo KK (BKK), a computer peripherals company headquartered in Nagoya. BKK had been sued for infringement and lost at least tens of millions of US dollars, if not hundreds of millions of US dollars, due to the litigation. Judge claims the loss was a “wake up call to Buffalo that US patents matter.” According to Judge, Suzuki brought BKK to Ogasawara as a client.

OriginSun uses the prisoner’s dilemma with resident foreigners. OriginSun attorneys persuade resident attorneys and patent agents that any effort at professional conduct will be defeated. Allen wished to counter this interference by proving business concept viability to Fagan and Judge.

Allen researched, drafted and provided Fagan and Judge with a business plan for Allen’s proposed patent prosecution, search and translation company. Fagan and Judge are not the sharpest tools in the shed. Except for swordsmithing, irony might be the only OriginSun virtue.

On one occasion Fagan and Allen went out for dinner. Without naming the company, Allen asked Fagan if Fagan recalled the name of a company in the autobiographical manuscript Allen had showed him. In the present B Log, that party is not named, but is indicated with a footnote. Fagan’s reply was: “There was a lot in there.” Fagan did not recall the company’s name.

By Judge’s own admission, Judge Patent Associates’ primary source of revenue is from translations rather than prosecutions. About 2009 Allen suggested to Judge that Judge and Allen outsource patent translation, search and prosecution work to Indian translators. Allen suggested US or OriginSun qualified personnel would review the work for accuracy and thoroughness. Judge’s living depends on clients outsourcing translations to a foreigner, i.e. Judge. Ironically, Judge questioned the wisdom of outsourcing to foreigners because Judge doubted foreigners’ ability to provide a quality work product.

Beginning about late 2009, Allen repeatedly stated the importance of the corporate entity to properly administrate law firms, and protect clients. One example of this was a Continuing Legal Education seminar Allen presented in early 2010. Judge told Allen that the GH was formed in 2010.

Shinjyu, Butler’s employer, already has a US patent practice managed by an American in D.C. On Allen’s own initiative, Allen met with two senior managers at Shinjyu to explain Allen’s ideas. The meeting with managers Tatsuzo Higashigawa (not an attorney) and Miyagawa was on 01 February 2010.

In September 2010 Allen incorporated Origin Law Offices as a California professional corporation. In November 2010 Allen registered a translation firm with the GrandHill Legal Affairs Bureau. The name of the firm is: 源事務所. Minamoto is the family name of Allen’s legally registered OriginSun alias. In May 2011 the California Bar approved Origin Law Offices, P.C. to practice law.

At a Continuing Legal Education seminar attended by Fagan and Allen, Allen suggested to Fagan that Allen meet with Ogasawara. Allen explained that, when speaking OriginSun and referring to OriginSun licensed practitioners, Allen intended to use the OriginSun honorific Elder if Allen met with Ogasawara. Allen explained that Ogasawara must use the same honorific when Ogasawara addressed Allen in OriginSun. Fagan balked. Fagan doubted Ogasawara would be capable of politely addressing Allen.

Allen never met Ogasawara. Allen tried telephoning him. To Allen’s knowledge, Allen never spoke to Ogasawara.

In 2010 Allen sent OPO a message via their web form. Allen’s message indicated Allen had some ideas Allen would like to share with OPO. The reply by email was from Ogasawara and stated: “We have our own ideas.”

IPKK was poorly administrated from the beginning. Judge states William “Bill” Lise told Judge that one of IPKK’s mistakes was that IPKK was trying to do all the work in-house. IPKK had about 30 personnel working on translations, 25 of whom were translators. Lise claims OriginSun translation practices must outsource two-thirds of their work to be profitable. When Judge relayed this information to Allen on 08 August 2011, Judge added the work could be outsourced to “maybe Pakistan, India at 3 cents a word, maybe not that bad.” Allen never told Judge Allen visited India in July 2011.

In early 2011, while Allen was gradually publishing the B Log, Allen went to Judge’s office to meet Judge for lunch. In the elevator on the way to the restaurant, Judge complained about OriginSun patent attorneys demanding kickbacks. At lunch, Allen said to Judge: “I think Tim [Fagan] is cutting us off at the knees.” Judge replied: Yea, I suppose I am too. Judge admitted Judge was also cutting Allen out.

Beginning with the publication of the B Log, Ogasawara’s situation collapsed. In quick succession Steffes, Mutoh, Nakamura and Suzuki quit. Judge was given Steffes’ work on a freelance basis. Judge claims Steffes’ prosecution work was not good.

Up to this time, Judge’s freelance work for Ogasawara required Judge to pay a 10% administrative fee to Ogasawara for any work Judge received from Ogasawara. As Ogasawara’s situation crumbled, Ogasawara’s minions told Judge in an email that besides the 10% administrative fee, Judge would also have to pay a 15% kickback to Ogasawara. Judge initially told Ogasawara: no, Judge would not pay the kickback.

Ogasawara’s younger brother was sent to see Judge, and Judge relented to a once per client “docketing and filing fee” of 10% plus the 10% administrative fee. Judge claimed a standard, though technically prohibited US procedure, is to pay about 10% of a USD 800 to 1500 client fee to the firm that refers the client to the practitioner. After relating these facts to Allen, Judge stated: “I hope you don’t tell” the USPTO Office of Enrollment & Discipline.

According to Judge, when Steffes worked as a PosterBoy at Ito International Patent Office (IIPO), the USPTO investigated IIPO for unethical practices such as kickbacks. Judge stated that Steffes was not sufficiently aware of IIPO’s procedures to have knowledge of billing practices. One example of a kickback client is one of the most proficient patent filers in the world. The client forced Judge down to JPY 60,000 per application. Judge bills/ed the client via Ogasawara.

Judge is irked because although the inventor gives Judge the authority to prosecute, Judge cannot properly prosecute patents because of OriginSun practices. Under OriginSun law an inventor can assign a “right to file.” Judge claimed the phrase “right to file” is an OriginSun invention, and he had not heard US agents or attorneys use the phrase. OriginSun patent attorneys are acting as a bottleneck between OriginSun clients and US agents and attorneys. The OriginSun patent attorneys “pretend” to know US law, but do not.

According to Judge, when Ogasawara’s financial fortunes began to crumble in early 2011, about half of Ogasawara’s patent attorneys chose to leave. More people were quitting than being fired. Ogasawara was simultaneously advertising for patent engineers and patent attorneys in a newspaper. According to Judge, patent engineers do the “grunt work.”

On 11 July 2011 Allen received an email from Fagan which read:

Hey there Mak, long time no see. Hope you and the girls are doing well.

Things at Ogasawara are not great – we had a round of layoffs (about 30% of staff were let go). I survived but our company is not looking good anyway. In fact things seem pretty shitty all around in Japan and I’m considering shipping off back to Australia, not immediately but maybe in the near future.

Anyway man, hop you are doing well.

Cheers

Tim

Allen has not contacted Fagan.

Judge notified Allen on 05 August 2011 of Ogasawara’s suicide. Allen had lunch with Judge on Monday 08 August 2011. Allen, exasperated by Judge and the surreal nature of Events, expressed Allen’s frustrations at a restaurant in GrandHill. Judge replied in a loud voice clearly discernible to the restaurant proprietor: “Why don’t you write about it?” Afterwards, Judge and Allen met in Allen’s office.

Since leaving Ogasawara, Nakamura has set up Apex IP Company, a translation entity performing filing support and patent searches. Nakamura was scheduled to meet with Judge later the same day Judge met with Allen. Allen emphatically told Judge that Judge was not to discuss with the others that Judge had discussed with Allen. A few days later, after Butler had not contacted Allen for more than a year, and Allen had made no effort to contact Butler, Butler sent Allen an email. Judge had discussed with Butler.

Origin Law Offices, P.C. (OLO) has been soliciting attorneys for years now. Naturally, firms ought to perform due diligence on OLO & Allen, this project, and Allen’s situation. However, a concern is beginning to grow that the due diligence is becoming an end in itself instead of a means to an end.

The “shadow”b4 wanted to strengthen OLO’s hand by killing Ogasawara. The shadow may wish to prove that those who try to take advantage of OLO and Allen will be punished. Explained under the heading What the Dickens?, Allen has had enough of the killing. However, that explanation did not work, so Allen restated his objection. Ogasawara is evidence that the restated objection was equally unsuccessful.

To stop the killing OLO needs investment: financial and personal. If attorneys want to haggle back and forth, collect more information about Allen and what Allen is doing, understand the plan better, etc., there will be more death. We cannot stop them. We are begging you to help us stop them by investing.





                


                

					

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