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HOME > About the JFBA > White Paper on Attorneys 2013

White Paper on Attorneys 2013


 

Contents

Part 1
Current Situation of Attorneys and Other Legal Professions
Chapter 1 Population of Attorneys … 1
I. The Japan Federation of Bar Associations and the Number of Attorneys . 1
II. Constitution According to Age . 2
Chapter 2 Change in the Number of Attorneys, etc. … 3
I. The Status of the Number of Applicants for Law Schools and Enrollment of People . 3
II. The Status of Successful Bar Examination Candidates . 4
1. Pass Rate of New Bar Examination . 4
III. The Number of Legal Apprentices who Have Completed Legal Training per Chosen Profession . 5
IV. Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries . 6
1. The Number of People per Lawyer (Cross-country Comparison) . 6
2. The Number of People per Judge (Cross-country Comparison) . 7
3. The Number of People per Public Prosecutor (Cross-country Comparison) . 8
4. The Number of People per Legal Professional (Cross-country Comparison) . 9
V. Changes in Populations of Other Legal Professions . 12
Chapter 3 Mergers of Law Offices and the Current Situation of Legal Professional Corporations … 13
I. The Number of Attorneys in Law Offices . 13
II. Current Situation of Legal Professional Corporations . 15
1.The Number of LPCs . 15
2.Size of Legal Professional Corporations . 16
Chapter 4 Current Situation of Gaikokuho-Jimu-Bengoshi ("Registered Foreign Lawyers") … 17
I. Changes in the Number of Gaikokuho-Jimu-Bengoshi (1988-2013) . 17
II. Registration of Gaikokuho-Jimu-Bengoshi (Registered Foreign Lawyers) . 18
III. Situations regarding Alliances with Foreign Law Joint Enterprises . 19
IV. The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations . 21

1.By Nationality . 21

2.By Home Jurisdiction . 22
V. World Law Firms and Their Entry into the Japanese Market . 23
Part 2
Activities of Attorneys
Chapter 1 Criminal Advocacy Activities … 24
Section 1 Duty Attorney and Court-Appointed Attorney Systems . 24
I. Outline of Duty Attorney and Court-Appointed Attorney Systems . 24
II. Current Situations of Duty Attorneys (Toban Bengoshi) . 25
III. Changes in the Number of Duty Attorney Requested Cases, Appointed Cass and Criminal Suspect Defense Aid Cases . 26
Section 2 The Status of Defense Attorneys Involvement in the Overall Criminal Cases . 27
I. The Status of Court-Appointed Attorney Contracts, and the Number of Defendants with Court-Appointed Attorneys . 27
II. Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts . 28
III. Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts . 28
IV. Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts . 29
Section 3 Defense Activities in Juvenile Cases . 30
I. Changes in the Number of Juvenile Probation Cases (at Family Courts) and the Proportion of Cases in which Attendants are Present . 30
II. Changes in the Number of Juvenile Probation Cases (at Family Courts) with Appointed Attendants (by type) . 31
Section 4 The Lay Judge System . 32
I. Cases Determined by Lay Judges . 32
II. Actual Practice of Lay Judge Trials . 34
1. The Number of Persons Who Have Been Subjected to Saiban-in (Lay Judges) Trials and Whose Trials Have Been Finalized . 34
2. Comparison of the Average Period Taken for Court Deliberations and the Average Period of the Pretrial Conference Procedure (by confession and denial), etc. . 35
Chapter 2 Activities in Civil and Other Lawsuits … 38
Section 1 Civil Lawsuits . 38
I. Attorneys’ Involvement in Ordinary Civil Lawsuits before District Courts . 38
II. Attorneys’ Involvement in Ordinary Civil Lawsuits before Summary Courts . 40
III. Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (before High Courts) . 41
Section 2 JFBA’s Assistance for Disaster Victims of the Great East Japan Earthquake . 42
I. JFBA’s Response to the Great East Japan Earthquake and the Fukushima Nuclear Power Plant Accident . 42
II. Statistical Results of Free Legal Consultations in Regard to the Great East Japan Earthquake . 43
III. JFBA’s Response to Double Loan Payment Issues . 45
IV. JFBA’s Response to the Nuclear Power Plant Accident, etc. . 46
Chapter 3 Expansion of Attorneys’ Activities … 47
I. Current Situation of In-house Attorneys . 47
1. Changes in the Number of In-house Attorneys . 47
2. Public Officers with Fixed Terms . 48
II. Diet Member and Head of Local Governments Registered as Attorneys . 49
Part 3
Activities of the JFBA and Local Bar Associations
Chapter 1 Autonomy of Attorneys … 50
Section 1 Complaints and Dispute Conciliations . 50
I. Complaints against Attorneys . 50
II. Dispute Conciliation . 51
1. Number of Dispute Conciliation Cases Newly Received . 51
2. Handling of Dispute Conciliation Cases (All Bar Associations) – 2003 to 2012 – . 51
Section 2 Disciplinary System for Attorneys . 52
I. Summary of the Disciplinary System for Attorneys . 52
1.Request for Discipline . 52
2.Investigation by Disciplinary Enforcement Committee . 52
3.Examination by Disciplinary Actions Committee . 52
4.Filing of an Objection, etc. . 53
5.Public Notice by the Official Gazette, etc. . 53
II. Operation of the Disciplinary System . 54
1.Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA . 54
(1)Bar Associations . 54
(2)JFBA . 54
2.Processing Cases at Disciplinary Actions Committees of Bar Associations and the JFBA . 55
(1)Bar Associations . 55
(2)JFBA . 55

i.Objections

. 55

ii.Appeals

. 55
3.Processing Cases at the JFBA Board of Discipline Review . 56
Section 3 Disciplinary Actions and Disciplinary Procedure . 57
I. Statistics Regarding Disciplinary Actions . 57
1.Changes in the Number of Newly Accepted Requests for Disciplinary Actions (All Bar Associations) –1996 to 2012- . 57
2.Number of Requests for Disciplinary Action and Details of Handling the Requests (All Bar Associations) . 58
3.Percentage of Disciplinary Actions (All Bar Associations) . 59
(1)Percentage of Cases with Disciplinary Actions out of All Requests for Disciplinary Actions . 59
(2)Changes in Percentage of Members with Disciplinary Actions . 59
II. The Flow and Current Situation of Disciplinary Procedure . 60
1.The Disciplinary System . 60
Chapter 2 The JFBA's Activities involving Human Rights Relief … 62
I. Appeal System Procedures for Human Rights Relief . 62
II. The Number of Human Rights Relief Cases (by Category) . 64
Chapter 3 International Activities of the JFBA … 65
Section 1 International Human Rights Activities . 66
I. Activities at the United Nations (UN) . 66
II. Activities Related to the UN and UN Human Rights Bodies . 66
Section 2 International Exchange Activities . 67
I. Membership of International Organizations . 67
II. MOUs with Overseas Bar Organizations . 67
Section 3 International Cooperation . 69
I. JICA Long-Term Experts Achievement . 69
II. Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country) . 71
Section 4 Overseas Visiting Fellow Program and Support for Working in International Organizations . 73
I. JFBA Overseas Visiting Fellow Program . 73
1.Past Overseas Visiting Fellows . 73
II. Support for JFBA Members Interested in Working in International Organizations . 75
III. Other Support . 75
PAGETOP
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