| On November
10, the Extraordinary General Meeting of the Japan Federation
of Bar Associations (JFBA), chaired by Mr. Kazumasa Kuboi,
was held in the Bar Associations Building, and had participants
of 782 principals, 10,653 proxies, and 52 bar associations.
After nearly eight hours deliberation, all proposed resolutions
were adopted.
[Opening Remarks from JFBA President]
As the judicial reform is now moving from its designing
phase to actual system implementation, we should deal
with remaining important issues and also work on reform
of the attorney system. Attorneys are expected to serve
for the rule of law, and should have high expertise, keen
sense of human rights, and high ethics in order to gain
confidence from citizens and society. Establishment of
 a code of practice and principles or nonbinding targets
for disciplining ourselves and their appropriate implementation
will lead us to stronger and broader autonomy of attorneys.
Resolution 1: Amendments to JFBA Articles of
Associations
Resolution 1 amends the JFBA Articles of Associations
due to the establishment of the Basic Regulations Concerning
Duties of Practicing Attorneys, the enforcement of a new
law to introduce a system that allows assistant judges
and public prosecutors to gain experience as practicing
attorneys, and the revision of the Special Measures Law
concerning the Handling of Legal Business by Foreign Lawyers
related to foreign law joint enterprises and employment
of Japanese attorneys (Bengoshi) by registered
foreign lawyers (Gaikokuho-Jimu-Bengoshi). As
the proposed Resolutions 2 and 4 included the related
issues to the Resolution 1, they were discussed together
and the discussion lasted over 6 hours.
The reason for proposing these resolutions was to require
practicing attorneys to thoroughly be aware of ethics
and to discipline their behavior by providing regulations
in the JFBA Articles in order to prepare for large increase
of attorneys and expansion of practicing areas. It was
well understood and three resolutions were adopted by
a two-thirds majority of the members present.
Voting Result (incl. Proxies
and Bar Associations)
| |
Resolution 1 |
Resolution 2 |
Resolution 5 |
| Total Members Present |
11,044 |
10,497 |
9,145 |
| Pros |
8,629 |
8,004 |
8,381 |
| Cons |
2,391 |
2,470 |
663 |
| Abstentions |
24 |
23 |
101 |
Resolution 2: Establishment of Basic Regulations
Concerning Duties of Practicing Attorneys
The Basic Regulations Concerning Duties of Practicing
Attorneys including disciplinary actions against its violations
caused a lot of questions and discussions. A violation
of this Basic Regulations does not directly result in
a disciplinary action. It should be substantially determined
whether the disciplinary action against the violation
should be taken or not. In addition, the controversial
word "truth", which is used in the current Code of Ethics
for Practicing Attorney, should remain in the Basic Regulations.
The JFBA members agreed with these reasons and adopted
this resolution by a majority of the members present.
Resolution 3: Abolition of Code of Ethics for
Practicing Attorney
Resolution 4: Amendment of Basic Regulations Concerning
Foreign Special Members
Both of resolutions were adopted by a majority of the
members present.
Resolution 5: Special Membership Fee for Regional
Shortages of Attorneys
In order to solve the regional shortage of attorneys,
the JFBA should keep taking measures financed by the Special
Membership Fee in addition to appropriately sharing roles
with the Justice Support Center of Japan. For this purpose,
it is necessary to extend its collection period and increase
the amount. The reason for the proposal was understood
and the resolution was passed by a two-thirds majority
of the members present.
Resolution 6: Regulations on Foreign Law Joint
Enterprises and Employment of Bengoshi by Gaikokuho-Jimu-Bengoshi
Resolution 7: Amendment of JFBA Articles of Association
responding to Amendment of Special Measures Law concerning
Handling of Legal Business by Foreign Lawyers
Both Resolutions were adopted by a majority of the members
present.
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