White Paper on Attorneys 2011
Feature 1
History and Future Development of Training System for Attorneys
History and Future Development of Training System for Attorneys
Chapter 1 Overviews of Training System for Attorneys … 1
| 1. | Training Conducted by the JFBA | 1 | |
| 2. | Training Conducted by Bar Associations and Federations of Bar Associations | 1 | |
| 3. | Other Forms of Training | 1 |
Chapter 2 Training Programs Conducted by the JFBA … 2
| Ⅰ. | Special Training | 2 | |
| Ⅱ. | Summer Training | 2 | |
| Ⅲ. | E-learning Training | 2 |
Chapter 3 Ethical Training for Attorneys … 4
Chapter 4 Training for Newly-Registered Attorney … 5
Chapter 5 Training for the Granting of Qualifications to Qualified Persons to Become Attorneys … 6
Feature 2
JFBA Activities in regard to the Great East Japan Earthquake -Reflecting Back on the Period Shortly After the Earthquake-
JFBA Activities in regard to the Great East Japan Earthquake -Reflecting Back on the Period Shortly After the Earthquake-
Chapter 1 Legal Consultation Services … 8
| 1. | Legal Aid Services Conducted at Affected Areas | 8 | |
| 2. | Legal Aid Services Conducted for Disaster Victims by Toll-Free Telephone Hotline | 8 | |
| 3. | Statistical Results of Legal Counseling Services | 9 |
Chapter 2 Accomplishments Brought About by the JFBA Activities (in support of disaster victims) … 11
Part 1
Current Situation of Attorneys and Other Legal Professions
Current Situation of Attorneys and Other Legal Professions
Chapter 1 Population of Attorneys … 13
| Ⅰ. | Changes in the Number of Attorneys -1950 to 2011- | 13 | |
|---|---|---|---|
| Ⅱ. | Constitution According to Age | 14 | |
| Ⅲ. | The Number of People per Attorney | 15 | |
| Ⅳ. | The Number of Civil and Family Cases per Attorney | 16 | |
| Ⅴ. | Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries | 17 | |
| 1. The Number of People per Lawyer (Cross-country Comparison) | 17 | ||
| 2. The Number of People per Judge (Cross-country Comparison) | 18 | ||
| 3. The Number of People per Public Prosecutor (Cross-country Comparison) | 19 | ||
| 4. The Number of People per Legal Professional (Cross-country Comparison) | 20 |
Chapter 2 Current Situation of Gaikokuho-jimu-bengoshi ("Registered Foreign Lawyers") … 23
| Ⅰ. | Changes in the Number of Gaikokuho-jimu-bengoshi(1988-2011) | 23 | |
|---|---|---|---|
| Ⅱ. | Registration of Gaikokuho Jimu Bengoshi (Registered Foreign Lawyers) | 24 | |
| Ⅲ. | Foreign Law Joint Enterprises | 25 | |
| Ⅳ. | The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations | 27 | |
| 1. By Nationality | 27 | ||
| 2. By Home Jurisdiction | 28 | ||
| Ⅴ. | World Law Firms and Their Entry into the Japanese Market | 29 |
Chapter 3 Mergers of Law Offices and the Current Situation of Legal Professional Corporations … 30
| Ⅰ. | The Number of Attorneys in Law Offices | 30 | |
|---|---|---|---|
| Ⅱ. | Current Situation of Legal Professional Corporations | 32 | |
| 1. Number of LPCs | 32 | ||
| 2. Size of Legal Professional Corporations | 33 |
Chapter 4 Populations of Other Legal Professions … 34
| Ⅰ. | Changes in Populations of Other Legal Professions | 34 |
|---|
Part 2
Activities of Attorneys
Activities of Attorneys
Chapter 1 Criminal Advocacy Activities … 35
| Section 1 Activities of Court-Appointed Attorneys | 35 | ||
|---|---|---|---|
| Ⅰ. | Court-Appointed Attorney System, Court-Appointed Attorney Contracts, and the Number of Defendants with Court-Appointed Attorneys | 35 | |
| Ⅱ. | Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts | 36 | |
| Ⅲ. | Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts | 37 | |
| Ⅳ. | Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts | 38 | |
| Ⅴ. | Changes in the Number of Defendants Retaining Court-Appointed Defense Counsel (before Indictment) | 39 | |
| Section 2. Activities of Duty Attorneys (Toban Bengoshi) | 40 | ||
| Ⅰ. | Duty Attorney System | 40 | |
| Ⅱ. | Changes in the Number of Duty Attorney Accepted Cases, Appointed Cases, and Criminal Suspect Defense Aid Cases | 41 | |
| Section 3. Defense Activities in Juvenile Cases | 42 | ||
| 1. | Activities to Realize a Full Public Attendant System | 42 | |
| (1) | Court-Appointed Attorneys System | 42 | |
| Ⅰ. | Changes in the Number of Juvenile Probation Cases (at Family Courts) and the Presence of Attendants | 42 | |
| Ⅱ. | Changes in the Number of Juvenile Probation Cases (at Family Courts) involving Appointed Attendants | 43 | |
| Section 4. Challenges and Future Development of the Lay Judge System | 44 | ||
| Ⅰ. | Cases determined by Lay Judges | 44 | |
| Ⅱ. | Actual Practice by Lay Judge Trials | 46 | |
| 1. The Number of Persons whose Trials have been Tried by Judges Including Lay Judges and that have been Finalized | 46 | ||
Chapter 2 Representation in Civil and Other Lawsuits … 48
| Section 1 Civil and Commercial Lawsuits | 48 | ||
|---|---|---|---|
| Ⅰ. | Attorneys' Involvement in Ordinary Civil Lawsuits before District Courts | 48 | |
| Ⅱ. | Changes in the Percentage of Appointed Attorneys in Ordinary Second Instances (before High Courts) | 49 | |
| Ⅲ. | Percentage of Attorneys' Involvement in Ordinary Civil Lawsuits before Summary Courts | 50 | |
Chapter 3 Expansion of Attorneys' Activities … 51
| Ⅰ. | Current Situation of In-house Attorneys | 51 | |
|---|---|---|---|
| 1. Changes in the Number of In-house Attorneys | 51 | ||
| 2. Public Officers with Fixed Terms | 52 | ||
| 3. Diet Member and Head of Local Governments Registered as Attorney | 52 | ||
| Ⅱ. | Appointment of Attorneys as Judges and Public Prosecutors | 53 | |
| 1. Attorneys as Full-Time Judges | 53 | ||
| 2. Attorneys as Part-Time Judges | 53 |
Part 3
Activities of the JFBA and Local Bar Associations
Activities of the JFBA and Local Bar Associations
Chapter 1 The JFBA's Activities involving Human Rights Relief … 54
| Ⅰ. | Appeal System Procedures for Human Rights Relief | 54 | |
|---|---|---|---|
| Ⅱ. | The Number of Human Rights Relief Cases (by Category) | 56 |
Chapter 2 International Activities of the JFBA … 57
| Section 1 International Human Rights Activities | 58 | ||
|---|---|---|---|
| Ⅰ. | Activities at the United Nations (UN) | 58 | |
| Ⅱ. | Activities Related to the UN and UN Human Rights Bodies | 58 | |
| Section 2 International Exchange Activities | 59 | ||
| Ⅰ. | Membership of International Organizations | 59 | |
| Ⅱ. | MOUs with Overseas Bar Organizations | 59 | |
| Section 3. International Cooperation | 60 | ||
| Ⅰ. | JICA Long-Term Experts | 60 | |
| Ⅱ. | Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country) | 62 | |
| Section 4. Overseas Visiting Fellow Program and Support for Working in International Organizations | 64 | ||
| Ⅰ. | JFBA Overseas Visiting Fellow Program | 64 | |
| Ⅱ. | Support for JFBA Members Interested in Working in International Organizations | 66 | |
| Ⅲ. | Other Support | 66 | |
Chapter 3 Autonomy of Attorneys … 67
| Section 1 Complaints and Dispute Conciliations | 67 | ||
|---|---|---|---|
| Ⅰ. | Complaints against Attorneys | 67 | |
| Ⅱ. | Dispute Conciliation | 68 | |
| 1. Number of Dispute Conciliation Cases Newly Received | 68 | ||
| 2. Handling of Dispute Conciliation Cases (All Bar Associations) – 2000 to 2010 – | 69 | ||
| Section 2 Disciplinary System for Attorneys | 70 | ||
| Ⅰ. | Summary of the Disciplinary System for Attorneys | 70 | |
| 1. Request for Discipline | 70 | ||
| 2. Investigation by Disciplinary Enforcement Committee | 70 | ||
| 3. Examination by Disciplinary Actions Committee | 70 | ||
| 4. Filing of an Objection, etc. | 71 | ||
| 5. Public Notice by the Official Gazette, etc. | 71 | ||
| Ⅱ. | Operation of the Disciplinary System | 72 | |
| 1. Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA | 72 | ||
| (1) Bar Associations | 72 | ||
| (2) JFBA | 72 | ||
| 2. Processing Cases at Disciplinary Actions Committees of Bar Associations and the JFBA | 73 | ||
| (1) Bar Associations | 73 | ||
| (2) JFBA | 73 | ||
| (i) Objections | 73 | ||
| (ii) Appeals | 73 | ||
| 3. Processing Cases at the JFBA Board of Discipline Review | 74 | ||
| Section 3. Disciplinary Actions and Disciplinary Procedure | 75 | ||
| Ⅰ. | Statistics Regarding Disciplinary Actions | 75 | |
| 1. Changes in the Number of Newly Accepted Requests for Disciplinary Actions (All Bar Associations) – 1994 to 2010 – | 75 | ||
| 2. Number of Requests for Disciplinary Action and Details of Handling the Requests (All Bar Associations) | 76 | ||
| 3. Percentage of Disciplinary Actions (All Bar Associations) | 77 | ||
| (1) Percentage of Cases with Disciplinary Actions out of All Requests for Disciplinary Actions | 77 | ||
| (2) Change in Percentage of Members with Disciplinary Actions | 77 | ||
| Ⅱ. | The Flow and Current Situation of Disciplinary Procedure | 78 | |
| 1. The Disciplinary System | 78 | ||