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White Paper on Attorneys 2010


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Contents
Part 1	Current Situation of Attorneys and Other Legal Professions
Chapter1	Current Situation of Attorneys				1
	Ⅰ.	Population of Attorneys			1
		1.	Changes in the Number of Attorneys -1950 to 2010-		1
		2.	The Number of People per Attorney		2
	Ⅱ.	The Number of Civil and Family Cases per Attorney			3
	Ⅲ.	Working Hours and Incomes			4
		1.	Working Hours of Attorneys (Average per Week)		4
		2.	Income of Attorneys (Income based on Final Return Forms of March 2010)		4
Chapter2	Populations of Legal Professionals in Foreign Countries				5
	Ⅰ.	Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries			5
		1.	The Number of People per Lawyer (Cross-country Comparison)		5
		2.	The Number of People per Judge (Cross-country Comparison)		6
		3.	The Number of People per Public Prosecutor (Cross-country Comparison)		7
		4.	The Number of People per Legal Professional (Cross-country Comparison)		8

Chapter3	*Current Situation of Gaikokuho-jimu-bengoshi* ("Registered Foreign Lawyers")**				11
	Ⅰ.	Changes in the Number of Gaikokuho-jimu-bengoshi			11
	Ⅱ.	Registration of Gaikokuho Jimu Bengoshi (Registered Foreign Lawyers)			12
	Ⅲ.	Foreign Law Joint Enterprises			13
	Ⅳ.	The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations			15
		1.	By Nationality		15
		2.	By Home Jurisdiction		16
	Ⅴ.	World Law Firms and Their Entry into the Japanese Market			17

Chapter4	Mergers of Law Offices and the Current Situation of Legal Professional Corporations				18
	Ⅰ.	The Number of Attorneys in Law Offices			18
	Ⅱ.	Current Situation of Legal Professional Corporations			20
		1.	Number of LPCs		20
		2.	Size of Legal Professional Corporations		21

Chapter5	Populations of Other Legal Professions				22
	Ⅰ.	Changes in Populations of Other Legal Professions			22

Part 2	Activities of Attorneys
Chapter1	Criminal Advocacy Activities				23
	Section1	Activities of Court-Appointed Attorneys
	Ⅰ.	Court-Appointed Attorney System, Court-Appointed Attorney Contracts, and the Number of Defendants with Court-Appointed Attorneys			23
	Ⅱ.	Changes in the Percentage of Retaining Criminal Defense Counsel (after Prosecution) (Court-Appointed and Privately Retained) at District Courts			24
	Ⅲ.	Changes in the Percentage of Retaining Criminal Defense Counsel (after Prosecution) (Court-Appointed and Privately Retained) at Summary Courts			25
	Ⅳ.	Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts			26
	Section2	*Activities of Duty Attorneys (Toban Bengoshi)*			27
	Ⅰ.	Duty Attorney System			27
	Ⅱ.	Changes in the Number of Duty Attorney Accepted Cases, Appointed Cases, and Criminal Suspect Defense Aid Cases			28
	Section3	Defense Activities in Juvenile Cases
	Ⅰ.	Changes in the Number of Juvenile Probation Cases (at Family Courts) and the Presence of Attendants			29
Chapter2	Representation in Civil and Other Lawsuits				30
	Section1	Civil and Commercial Lawsuits			30
	Ⅰ.	Attorneys’ Involvement in Ordinary Civil Lawsuits before District Courts			30
	Ⅱ.	Changes in the Percentage of Appointed Attorneys in Ordinary Second Instances (before High Courts)			31
	Ⅲ.	Percentage of Attorneys’ Involvement in Ordinary Civil Lawsuits before Summary Courts			32
Chapter3	Expansion of Attorneys' Activities				33
	Ⅰ.	Current Situation of In-house Attorneys			33
		1.	Changes in the Number of In-house Attorneys		33
		2.	Public Officers with Fixed Terms		34
		3.	Diet Member and Head of Local Governments Registered as Attorney		34
	Ⅱ.	Working Conditions for In-house Attorneys			35
		1.	Annual Incomes of In-house Attorneys		35
		2.	Salary Systems for Attorneys		35
		3.	Bar Membership Dues		35
	Ⅲ.	Appointment of Attorneys as Judges and Public Prosecutors			36
		1.	Attorneys as Full-Time Judges		36
		2.	Attorneys as Part-Time Judges		36
	Ⅳ.	Activities of Attorneys in Local Governments			37
		1.	Employment of Staff Members with Attorney Qualifications		37
			(1)	Current Employment of Persons with Attorney Qualifications	37
			(2)	Future Employment Plans	37
			(3)	Obstacles in Employing Attorneys (multiple answers allowed)	37
		2.	Legal Advisory Attorneys		38
			(1) Retaining Legal Advisory Attorneys		38

Part 3	Activities of the JFBA and Local Bar Associations
Chapter1	The JFBA's Activities involving Human Rights Relief				39
	Ⅰ.	Appeal System Procedures for Human Rights Relief			39
	Ⅱ.	The Number of Human Rights Relief Cases (by Category)			41
Chapter2	International Activities of the JFBA				42
	Section1	International Human Rights Activities			43
	Ⅰ.	Activities at the United Nations (UN)			43
	Ⅱ.	Reports to UN Human Rights Bodies			43
	Ⅲ.	Activities related to the Universal Periodic Review (UPR)			44
	Section2	International Exchange Activities			44
	Ⅰ.	Membership of International Organizations			44
	Ⅱ.	MOUs with Overseas Bar Organizations			44
	Section3	International Cooperation			46
	Ⅰ.	JICA Long-Term Experts			46
	Ⅱ.	Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country)			48
	Section4	Overseas Visiting Fellow Program and Support for Working in International Organizations			49
	Ⅰ.	JFBA Overseas Visiting Fellow Program			49
	Ⅱ.	Support for JFBA Members Interested in Working in International Organizations			52
	Ⅲ.	Other Support			52
Chapter3	Autonomy of Attorneys				53
	Section1	Complaints and Dispute Conciliations			53
	Ⅰ.	Current Situation of In-house Attorneys			53
	Ⅱ.	Dispute Conciliation			54
		1.	Number of Dispute Conciliation Cases Newly Received		54
		2.	Handling of Dispute Conciliation Cases (All Bar Associations) – 2000 to 2009 –		55
	Section2	Disciplinary System for Attorneys			56
	Ⅰ.	Summary of the Disciplinary System for Attorneys			56
		1.	Request for Discipline		56
		2.	Investigation by Disciplinary Enforcement Committee		56
		3.	Examination by Disciplinary Actions Committee		56
		4.	Filing of an Objection, etc.		57
		5.	Public Notice by the Official Gazette, etc.		57
	Ⅱ.	Operation of the Disciplinary System			58
		1.	Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA		58
			(1)	Bar Associations	58
			(2)	JFBA	58
		2.	Processing Cases at Disciplinary Actions Committees of Bar Associations and the JFBA		59
			(1)	Bar Associations	59
			(2)	JFBA	59
				i.Objections	59
				ii. Appeals	59
		3.	Processing Cases at the JFBA Board of Discipline Review		60
	Section3	Disciplinary Actions and Disciplinary Procedure			61
	Ⅰ.	Statistics Regarding Disciplinary Actions			61
		1.	Changes in the Number of Newly Accepted Requests for Disciplinary Actions (All Bar Associations) – 1993 to 2009–		61
		2.	Number of Requests for Disciplinary Action and Details of Handling the Requests (All Bar Associations)		62
		3.	Percentage of Disciplinary Actions (All Bar Associations)		63
			(1)	Percentage of Cases with Disciplinary Actions out of All Requests for Disciplinary Actions	63
			(2)	Change in Percentage of Members with Disciplinary Actions	63
	Ⅱ.	The Flow and Current Situation of Disciplinary Procedure			64
		1.	The Disciplinary System		64

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