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HOME > About the JFBA > White Paper on Attorneys 2012

White Paper on Attorneys 2012

PDFFull Text(PDF:1,94MB)

 

Contents

Feature 1
JFBA’s Assistance for Disaster Victims of the Great East Japan Earthquake
I. JFBA’s Response to the Great East Japan Earthquake and the Fukushima Nuclear Power Plant Accident … 1
II. Statistical Results of Free Legal Consultations in Regard to the Great East Japan Earthquake  … 2
1. Contents of Legal Consultations in the Five Affected Prefectures . 2
◆How to Read Graphs◆ . 3
(i) Relation between the Number of Legal Consultations and Their Contents . 3
(ii) How to Read the Data . 4
2. Changes in the Number of Legal Consultations on the Nuclear Power Plant Accident and Their Issues . 8
III. Assistance for Disaster Victims … 11
1. Disaster related ADR (Alternative Dispute Resolution) . 11
2. PR Activities . 11
IV. JFBA’s Response to Double Loan Payment Issues … 12
1. Double Loan Payment Issues of Individuals . 12
2. Double Loan Payment Issues of Business Operators . 16
V. Response to the Nuclear Power Plant Accident … 18
1. Efforts for Compensation for Damage from the Nuclear Power Plant Accident . 18
(1) Response to the Establishment of Compensation Standards by the Dispute Reconciliation Committee for Nuclear Damage Compensation . 18
(2) Establishment of the Nuclear Damage Compensation Dispute Resolution Center and the JFBA’s Cooperation in the Operation of the Center . 18
2. Efforts toward Providing Assistance for Victims . 20
3. Response to Other Issues Caused by the Nuclear Power Plant Accident . 20
Feature 2
Judicial System Reform from a Statistical Point of View
Chapter 1 Judicial System Reform from a Statistical Point of View – Outline – … 21
I. Introduction . 21
II. Outline of the Judicial System Reforms . 21
1. The Gaining Momentum of the Judicial Reforms . 21
2. The Justice System Reform Council . 21
3. Social Agreement on the Reforms and Responsibilities of Related Institutions . 22
III. Systems Established in line with the Judicial System Reforms . 22
1. Enhancement of Access to Justice . 22
2. Enhancement and Acceleration of the Processes of Civil Lawsuits . 22
3. Reform of Criminal Justice System . 23
4. Instituting the Foundations of Public Participation . 23
5. Ideal Model for the Legal Profession Supporting the Judicial System . 23
IV. Future of the Judicial System Reforms . 23
Chapter 2 Statistical Data in Relation to Judicial System Reforms … 24
I. Enhancement of Access to Justice . 24
1. Realization of Comprehensive Legal Support . 24
2. Solutions for Regional Shortages and Uneven Distribution of Attorneys . 28
II. Enhancement and Speeding up of Civil Lawsuits – The Number of Cases and Average Deliberation Time . 31
III. Ideal Model for the Legal Profession Supporting the Judicial System . 33
1. The Number of Legal Professionals and the Nurturing of Legal Professionals . 33
2. Reform of the Judge System . 41
Part 1
Current Situation of Attorneys and Other Legal Professions
Chapter 1 Population of Attorneys … 45
I. Changes in the Number of Attorneys -1950 to 2012- . 45
II. Constitution According to Age . 46
III. Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries . 47
1. The Number of People per Lawyer (Cross-country Comparison) . 47
2. The Number of People per Judge (Cross-country Comparison) . 48
3. The Number of People per Public Prosecutor (Cross-country Comparison) . 49
4. The Number of People per Legal Professional (Cross-country Comparison) . 50
Chapter 2 Populations of Other Legal Professions … 53
I. Changes in Populations of Other Legal Professions . 53
Chapter 3 Mergers of Law Offices and the Current Situation of Legal Professional Corporations … 54
I. The Number of Attorneys in Law Offices . 54
II. Current Situation of Legal Professional Corporations . 55
1. The Number of LPCs . 55
2. Size of Legal Professional Corporations . 56
Chapter 4 Current Situation of Gaikokuho-Jimu-Bengoshi ("Registered Foreign Lawyers") … 57
I. Changes in the Number of Gaikokuho-Jimu-Bengoshi (1988-2012) . 57
II. Registration of Gaikokuho-Jimu-Bengoshi (Registered Foreign Lawyers) . 58
III. Foreign Law Joint Enterprises . 59
IV. The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations . 61
1. By Nationality . 61
2. By Home Jurisdiction . 62
V. World Law Firms and Their Entry into the Japanese Market . 63
Part 2
Activities of Attorneys
Chapter 1 Criminal Advocacy Activities … 64
Section 1. Duty Attorney System and Court-Appointed Attorney Systems . 64
I. Outline of Duty Attorney System and Court-Appointed Attorney Systems . 64
II. Current Situations of Duty Attorneys (Toban Bengoshi) . 65
III. Changes in the Number of Duty Attorney Requested Cases, Appointed Cass and Criminal Suspect Defense Aid Cases . 66
Section 2. The Status of Defense Attorneys Involvement in the Overall Criminal Cases . 67
I. Court-Appointed Attorney System, Court-Appointed Attorney Contracts, and the Number of Defendants with Court-Appointed Attorneys . 67
II. Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts . 68
III. Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts . 68
IV. Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts . 69
Section 3. Defense Activities in Juvenile Cases . 70
I. The Number of Juvenile Probation Cases (at Family Courts) and the Proportion of Presence of Attendants . 70
II. Changes in the Number of Juvenile Probation Cases (at Family Courts) with Appointed Attendants (by type) . 71
Section 4. The Lay Judge System . 72
I. Cases Determined by Lay Judges . 72
II. Actual Practice of Lay Judge Trials . 74
1. The Number of Persons Whose Trials Have Been Tried by Judges Including Lay Judges and Have Been Finalized . 74
2. The Number of Persons Whose Trials Have Been Finalized per the Actual Period Taken for Court Deliberations . 75
Chapter 2 Representation in Civil and Other Lawsuits … 77
Section 1. Civil Lawsuits . 77
I. Attorneys’ Involvement in Ordinary Civil Lawsuits before District Courts . 77
II. Changes in the Percentage of Appointed Attorneys in Ordinary Second Instances (before High Courts) . 78
III. Percentage of Attorneys’ Involvement in Ordinary Civil Lawsuits before Summary Courts . 79
Chapter 3 Expansion of Attorneys’ Activities  … 80
I. Current Situation of In-house Attorneys . 80
1. Changes in the Number of In-house Attorneys . 80
2. Public Officers with Fixed Terms . 81
3. Diet Member and Head of Local Governments Registered as Attorneys . 81
Part 3
Activities of the JFBA and Local Bar Associations
Chapter 1 Autonomy of Attorneys … 82
Section 1. Complaints and Dispute Conciliations . 82
I. Complaints against Attorneys . 82
II. Dispute Conciliation . 83
1. Number of Dispute Conciliation Cases Newly Received . 83
2. Handling of Dispute Conciliation Cases (All Bar Associations) – 2002 to 2011 – . 83
Section 2. Disciplinary System for Attorneys . 84
I. Summary of the Disciplinary System for Attorneys . 84
1. Request for Discipline . 84
2. Investigation by Disciplinary Enforcement Committee . 84
3. Examination by Disciplinary Actions Committee . 84
4. Filing of an Objection, etc. . 85
5. Public Notice by the Official Gazette, etc. . 85
II. Operation of the Disciplinary System . 86
1. Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA . 86
  • (1) Bar Associations
. 86
  • (2)  JFBA
. 86
2. Processing Cases at Disciplinary Actions Committees of Bar Associations and the JFBA . 87
  • (1) Bar Associations
. 87
  • (2)  JFBA
. 87
  • i. Objections
. 87
  • ii. Appeals
. 87
3. Processing Cases at the JFBA Board of Discipline Review . 88
Section 3. Disciplinary Actions and Disciplinary Procedure . 89
I. Statistics Regarding Disciplinary Actions . 89
1. Changes in the Number of Newly Accepted Requests for Disciplinary Actions (All Bar Associations) –1995 to 2011- . 89
2. Number of Requests for Disciplinary Action and Details of Handling the Requests (All Bar Associations) . 90
3. Percentage of Disciplinary Actions (All Bar Associations) . 91
  • (1)  Percentage of Cases with Disciplinary Actions out of All Requests for Disciplinary Actions
. 91
  • (2)  Changes in Percentage of Members with Disciplinary Actions
. 91
II. The Flow and Current Situation of Disciplinary Procedure . 92
1. The Disciplinary System . 92
Chapter 2 The JFBA's Activities involving Human Rights Relief … 94
I. Appeal System Procedures for Human Rights Relief . 94
II. The Number of Human Rights Relief Cases (by Category) . 96
Chapter 3 International Activities of the JFBA … 97
Section 1. International Human Rights Activities . 98
I. Activities at the United Nations (UN) . 98
II. Activities Related to the UN and UN Human Rights Bodies . 98
Section 2. International Exchange Activities . 99
I. Membership of International Organizations . 99
II. MOUs with Overseas Bar Organizations . 99
Section 3.  International Cooperation . 100
I. JICA Long-Term Experts . 100
II. Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country) . 102
Section 4. Overseas Visiting Fellow Program and Support for Working in International Organizations . 104
I. JFBA Overseas Visiting Fellow Program . 104
II. Support for JFBA Members Interested in Working in International Organizations . 106
III. Other Support . 106
PAGETOP
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