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March/1/2004
3 Resolutions passed in JFBA Extraordinary General Meeting |
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The JFBA extraordinary general meeting was held on February 26, 2004, and adopted three resolutions extending the collection period for the Emergency Fund for Duty Attorney System and establishing new rules concerning attorney's fees.
At the outset of the meeting, JFBA President, Tohru Motobayashi, summed up the JFBA's efforts contributed to the introduction of ten bills relating to the judicial reform into the current Diet session. The JFBA will do its utmost efforts to urge the Diet to pass the bills in this session, he expressed strong determination.
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Resolution 1: Emergency Fund for Duty Attorney System
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Resolution 1 amends the regulations concerning the Emergency Fund for Duty Attorney System to extend its collection period for three more years, which expires at the end of May 2005. The amount to be collected remains same. The Resolution was explained that it is necessary to continuously use the Emergency Fund for the duty attorney system to keep up the system for suspects and juveniles who are not covered by the public defender system. The Emergency Fund after 2009 needs to be reviewed in the future with considering implement conditions of the public defender system to be introduced step-by-step and developments in discussions on the public attendant system at juvenile hearing proceedings.
It is necessary to introduce a refund system and review the poverty requirements in order to improve the balance of the fund, one of the members raised the question. It was answered the issue would be considered in the future.
Another member requested as all suspects in the cases requiring presence of an attorney will be subject to the public defender system after 2009, the JFBA should take an immediate action to prepare and establish a system to handle all those cases in collaboration with the local bar associations and district federations which cover a large area but suffer with a shortage of attorneys.
The resolution was passed by a two-thirds majority of the members present as below.
Proposal 1: Voting Breakdown
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Total
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Principals
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Proxies
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Bar assoc.
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Pros
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6,591
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452
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6,092
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47
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Cons
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171
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33
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138
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0
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Abstentions
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10
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4
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6
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0
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Resolution
2: Establishment of Rules on Attorney's Fees |
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Resolution
3: Establishment of Rules on Attorney's Fees of Gaikokuho-Jimu-Bengoshi
(registered foreign lawyers)
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Resolutions
2 and 3 purport to establish new rules to prescribe
the matters on attorney's fees to be observed by attorneys,
without setting standards as the Regulations Concerning
the Standards for Attorney's Fees, Etc. is to be abolished.
The new Rules consists of six articles including Article
2 prescribing that attorney's fees shall be appropriate
and reasonable, Article 3 imposing the preparation
and retention of fee criteria on attorneys, and Article
5 encouraging attorneys to document contracts.
"I have been preparing estimates of attorney's fees
and written contracts since a few years ago. Clients
may have more confidence in me if I keep my fee criteria
in my office available to them," one of the members
expressed his expectation. Both Rules were passed
by a majority of the members present.
The English version of the Rules Concerning Attorney's
Fees is available on our web site.
Model forms of estimates of attorney's fees and contracts for criminal and civil affairs, which were distributed to the JFBA members in the meeting, can be obtained from our Member's Page. Click the Member's Page button on the top page, and register first to obtain your ID and password.
*Our Member's Page is JFBA member exclusive.
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