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HOME > About the JFBA > White Paper on Attorneys 2014

White Paper on Attorneys 2014

PDFFull Text (PDF;1.5MB)

 

Contents

Feature 1
Attorneys and Protection of the Rights of the Child
Chapter 1 Increasing Attorneys’ Roles … 1
I. The Children’s Representative System . 1

1. Outline of the Children’s Representative System . 1

2. Attorneys as Children’s Representatives . 1

(1) The Necessity and Roles of Children’s Representatives . 1
Chapter 2 Defense Activities in Juvenile Cases … 2
I. Changes in the Number of Juvenile Probation Cases (at Family Courts) and the Proportion of Cases in which Attendants are Present . 3
Feature 2
Disaster Reconstruction and the Role of Attorneys
Chapter 1 Footsteps of the JFBA and other Japanese Bar Associations in Assisting in Disaster Recovery … 4
I. Process of the JFBA’s Disaster Recovery Support Activities . 4

1. The Eruption of Mt. Unzen-Fugen . 4

2. The Great Hanshin-Awaji Earthquake . 4

3. The Niigata Prefecture Chuetsu Earthquake and Chuetsu-Oki Earthquake . 5

4. The Great East Japan Earthquake . 5
Chapter 2 JFBA Activities for the Great East Japan Earthquake and the Fukushima No. 1 Nuclear Power Plant Accident … 7
I. Report on JFBA Support Activities . 7

1. Main Activities in relation to Support for Affected People

(i) Legal Consultations . 7

(ii) Legislative Proposal Activities . 7

(iii) Activities for Relief for Victims of the Nuclear Power Plant Accident . 7

(iv) Regarding the Reconstruction of Victims’ Lives . 8
Part 1
Current Situation of Attorneys and Other Legal Professions
Chapter 1 Population of Attorneys … 11
I. The Japan Federation of Bar Associations and the Number of Attorneys . 11
II. Constitution According to Age . 13
Chapter 2 The Number of Populations relating to Legal Professionals … 14
I. The Status of the Number of Applicants for Law Schools and Enrollment of People . 14
II. The Status of Successful Bar Examination Candidates . 15

1. Pass Rate of New Bar Examination . 15
III. The Number of Legal Apprentices who Have Completed Legal Training per Chosen Profession . 17
IV. Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries . 19

1. The Number of People per Lawyer (Cross-country Comparison) . 19

2. The Number of People per Judge (Cross-country Comparison) . 20

3. The Number of People per Public Prosecutor (Cross-country Comparison) . 21

4. The Number of People per Legal Professional (Cross-country Comparison) . 22
V. Changes in Populations of Other Legal Professions . 25
Chapter 3 Mergers of Law Offices and the Current Situation of Legal Professional Corporations … 26
I. The Number of Attorneys in Law Offices . 26
II. Current Situation of Legal Professional Corporations . 28

1.The Number of LPCs . 28

2.Size of Legal Professional Corporations . 29
Chapter 4 Current Situation of Gaikokuho-Jimu-Bengoshi ("Registered Foreign Lawyers")  … 30
I. Changes in the Number of Gaikokuho-Jimu-Bengoshi . 30
II. Registration of Gaikokuho-Jimu-Bengoshi (Registered Foreign Lawyers) . 31
III. Situations regarding Alliances with Foreign Law Joint Enterprises . 32
IV. The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations . 34

1.By Nationality . 34

2.By Home Jurisdiction . 35
V. World Law Firms and Their Entry into the Japanese Market . 36
Part 2
Activities of Attorneys
Chapter 1 Criminal Advocacy Activities  … 37
Section 1 Duty Attorney and Court-Appointed Attorney Systems . 37
I. Outline of Duty Attorney and Court-Appointed Attorney Systems . 37
II. Current Situations of Duty Attorneys (Toban Bengoshi) . 38
III. Changes in the Number of Duty Attorney Requested Cases, Appointed Cass and Criminal Suspect Defense Aid Cases . 39
Section 2 The Status of Defense Attorneys Involvement in the Overall Criminal Cases . 40
I. The Status of Court-Appointed Attorney Contracts and the Number of Defendants with Court-Appointed Attorneys . 40
II. Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts . 41
III. Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts . 41
IV. Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts . 42
Section 3 The Lay Judge System . 43
I. Cases Determined by Lay Judges . 43
II. Actual Practice of Lay Judge Trials . 45

1. The Number of Persons Who Have Been Subjected to Saiban-in (Lay Judges) Trials and Have Been Finalized . 45

2. Comparison of the Average Period Taken for Court Deliberations and the Average Period of the Pretrial Conference Procedure (by confession and denial), etc. . 46
Chapter 2 Activities in Civil and Other Lawsuits  … 49
Section 1 Civil Lawsuits . 49
I. Attorneys’ Involvement in Ordinary Civil Lawsuits before District Courts . 49
II. Attorneys’ Involvement in Ordinary Civil Lawsuits before Summary Courts . 51
III. Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (before High Courts) . 52
Chapter 3 Expansion of Attorneys’ Activities . 53
I. Current Situation of In-house Attorneys . 53

1. Changes in the Number of In-house Attorneys . 53

2. Public Officers with Fixed Terms . 54
II. Diet Members and Head of Local Governments Registered as Attorneys . 55
Part 3
Activities of the JFBA and Local Bar Associations
Chapter 1 Autonomy of Attorneys  … 56
Section 1 Complaints and Dispute Conciliations . 56
I. Complaints against Attorneys . 56
II. Dispute Conciliation . 57

1. Number of Dispute Conciliation Cases Newly Received . 57

2. Handling of Dispute Conciliation Cases (All Bar Associations) . 57
Section 2 Disciplinary System for Attorneys and its Operation . 58
I. Summary of the Disciplinary System for Attorneys . 58

1. Request for Discipline . 58

2. Investigation by Disciplinary Enforcement Committee . 58

3. Examination by Disciplinary Actions Committee . 58

4. Filing of an Objection, etc. . 58

5. Public Notice by the Official Gazette, etc. . 59
II. Statistics Regarding Disciplinary Actions . 61

1. Changes in the Number of Newly Accepted Requests for Disciplinary Actions (All Bar Associations) . 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) Percentages of Cases with Disciplinary Actions out of All Requests for Disciplinary Actions . 63

(2) Changes in Percentage of Members with Disciplinary Actions . 63
III. Operation of the Disciplinary System . 64

1. Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA . 64

(1) Bar Associations . 64

(2) JFBA . 64

2. Processing Cases at Disciplinary Actions Committees of Bar Associations and the JFBA . 65

(1) Bar Associations . 65

(2) JFBA . 65

i. Objections . 65

ii. Appeals . 65

3. Processing Cases at the JFBA Board of Discipline Review . 66
IV. The Flow and Current Situation of Disciplinary Procedure . 67
Chapter 2 The JFBA's Activities involving Human Rights Redress  … 68
Section 1 The Operation of the Human Rights Redress System . 68
I. Procedures for Human Rights Redress System . 68
II. The Number of Human Rights Redress Cases (by Category) . 70
Section 2 Current Situations regarding the Retrial Request Cases Supported by the JFBA . 71
I. Current Retrial Request Cases Supported by the JFBA . 71
II. Achievement by the JFBA for its Support on Retrial Request Cases . 71
Chapter 3 International Activities of the JFBA  … 73
Section 1 International Human Rights Activities . 74
I. Activities at the United Nations (UN) . 74
II. Activities Related to the UN and UN Human Rights Bodies . 74
Section 2 International Exchange Activities . 75
I. Membership of International Organizations . 75
II. MOUs with Overseas Bar Organizations . 75
Section 3 International Cooperation . 77
I. JICA Long-Term Experts Achievement . 77
II. Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country) . 79
Section 4 Overseas Visiting Fellow Program and Support for Working in International Organizations . 81
I. JFBA Overseas Visiting Fellow Program . 81
II. Past Overseas Visiting Fellows . 81
Section 5 Support for Working in International Organizations . 83
I. Support for JFBA Members Interested in Working in International Organizations . 83
II. Other Support . 83
Part 4
Comprehensive Legal Support and Judiciary-Related Budget
Chapter 1 Japan Legal Support Center (Ho-terasu)  … 84
Section 1 Outline of the Japan Legal Support Center (Ho-terasu) . 84
I. Ho-terasu . 84
II. Scope of Operations of Ho-terasu) . 84
III. Entrusted Support Operations . 85

1. Support Operations Entrusted by the JFBA . 85
PAGETOP
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