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White Paper on Attorneys 2009


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Contents
Part 1 Current Situation of Attorneys and Other Legal Professions
Chapter 1	Current Situation of Attorneys				1
	I.	Population of Attorneys			1
		1.	Changes in the Number of Attorneys -1950 to 2009-		1
		2.	Regional Distribution of Attorneys (Comparison in Population)		2
		3.	The Number of Civil and Family Cases per Attorney		3

Chapter 2	Populations of Legal Professionals in Foreign Countries				4
	I.	Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries			4
		1.	The Number of People per Lawyer (Cross-country Comparison)		4
		2.	The Number of People per Judge (Cross-country Comparison)		5
		3.	The Number of People per Public Prosecutor (Cross-country Comparison)		6
		4.	The Number of People per Legal Professional (Cross-country Comparison)		7

Chapter 3	*Current Situation of Gaikokuho-jimu-bengoshi* ("Registered Foreign Lawyers")**				10
	I.	Changes in the Number of Gaikokuho-jimu-bengoshi 1988-2009			10
	II.	Registration of Gaikokuho Jimu Bengoshi (Registered Foreign Lawyers)			11
	III.	Foreign Law Joint Enterprises			12
	IV.	The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations			13
		1.	By Nationality		13
		2.	By Home Jurisdiction		14
	V.	World Law Firms and Their Entry into the Japanese Market			15

Chapter 4	Mergers of Law Offices and the Current Situation of Legal Professional Corporations				16
	I.	The Number of Attorneys in Law Offices			16
	II.	Current Situation of Legal Professional Corporations			18
		1.	Number of LPCs		18
		2.	Size of Legal Professional Corporations		19

Chapter 5	Populations of Other Legal Professions				20
	I.	Changes in Populations of Other Legal Professions			20

Part 2 Activities of Attorneys
Chapter 1	Criminal Advocacy Activities				21
	Section 1	Activities of Court-Appointed Attorneys
	I.	Court-Appointed Attorney System, Court-Appointed Attorney Contracts, and the Number of Defendants with Court-Appointed Attorneys			21
	II.	Changes in the Percentage of Retaining Criminal Defense Counsel (after Prosecution) (Court-Appointed and Privately Retained) at District Courts			22
	III.	Changes in the Percentage of Retaining Criminal Defense Counsel (after Prosecution) (Court-Appointed and Privately Retained) at Summary Courts			23
	Section 2.	*Activities of Duty Attorneys (Toban Bengoshi)*			24
	I.	Duty Attorney System			24
	II.	Changes in the Number of Duty Attorney Accepted Cases, Appointed Cases, and Criminal Suspect Defense Aid			25
	Section 3	Defense Activities in Juvenile Cases
	I.	Changes in the Number of Juvenile Probation Cases (at Family Courts) and the Presence of Attendants			26
Chapter 2	Representation in Civil and Other Lawsuits				27
	Section 1	Civil and Commercial Lawsuits			27
	I.	Attorneys’ Involvement in Ordinary Civil Lawsuits before District Courts			27
	II.	Changes in the Percentage of Appointed Attorneys in Ordinary Second Instances (before High Courts)			28
	III.	Percentage of Attorneys’ Involvement in Ordinary Civil Lawsuits before Summary Courts			29

Part 3 Activities of the JFBA and Local Bar Associations
Chapter 1	The JFBA's Activities involving Human Rights Relief				30
	I.	Appeal System Procedures for Human Rights Relief			30
	II.	The Number of Human Rights Relief Cases (by Category)			31
Chapter 2	International Activities of the JFBA				32
	Section 1	International Activities and International Human Rights			32
	I.	International Human Rights Activities			32
		1.	Activities at the United Nations (UN)		32
		2.	Training on International Human Rights Law and Humanitarian Law for Attorneys in Other Countries		32
	II.	International Exchange Activities			33
		1.	Membership of International Organizations		33
		2.	MOUs with Overseas Bar Organizations		33
	III.	International Cooperation			33
	IV.	Provision of Information Inside and Outside of Japan			33
	V.	Overseas Visiting Fellow Program and Support for Working in International Organizations			34
		1.	Overseas Visiting Fellow Program for JFBA Members		34
		2.	Support for JFBA Members Interested in Working in International Organizations		34
		3.	Other Support		34
	Section 2	International Exchange Activities of the JFBA			36
		MOUs with Overseas Bar Organizations			36
	Section 3	International Human Rights Activities of the JFBA			37
		1.	Reports to UN Human Rights Bodies		37
		2.	Activities related to the Universal Periodic Review (UPR)		37
	Section 4	International Cooperation of the JFBA			38
		1.	JICA Long-Term Experts		38
		2.	Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country)		39
	Section 5	JFBA Overseas Visiting Fellow Program			40
		1.	JFBA Overseas Visiting Fellow Program		40
		2.	Past Overseas Visiting Fellows		40
Chapter 3	Autonomy of Attorneys				42
	Section 1	Complaints and Dispute Conciliations			42
	I.	Complaints against Attorneys			43
	II.	Dispute Conciliation			43
		1.	Number of Dispute Conciliation Cases Newly Received		43
		2.	Handling of Dispute Conciliation Cases (All Local Bar Associations) – 1999 to 2008 –		43
	Section 2	Disciplinary System for Attorneys			44
	I.	Summary of the Disciplinary System for Attorneys			44
		1.	Request for Discipline		44
		2.	Investigation by Disciplinary Enforcement Committee		44
		3.	Examination by Disciplinary Actions Committee		44
		4.	Filing of an Objection, etc.		44
		5.	Public Notice by the Official Gazette, etc.		44
	II.	Operation of the Disciplinary System			45
		1.	Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA		45
			(1)	Bar Associations	45
			(2)	JFBA	45
		2.	Processing Cases at Disciplinary Actions Committees of Bar Associations and the JFBA		46
			(1)	Bar Associations	46
			(2)	JFBA	46
				i.Objections	46
				ii. Appeals	46
		3.	Processing Cases at the JFBA Board of Discipline Review		47
	Section 3	Disciplinary Actions and Disciplinary Procedure			48
	I.	Statistics Regarding Disciplinary Actions			48
		1.	Changes in the Number of Newly Accepted Requests for Disciplinary Actions (All Bar Associations) – 1992 to 2008 –		48
		2.	Number of Requests for Disciplinary Action and Details of Handling the Requests (All Bar Associations)		49
		3.	Percentage of Disciplinary Actions (All Bar Associations)		50
			(1) Percentage of Cases with Disciplinary Actions out of All Requests for Disciplinary Actions		50
			(2) Change in Percentage of Members with Disciplinary Actions		50
	II.	The Flow and Current Situation of Disciplinary Procedure			51
		1.	The Disciplinary System		51