White Paper on Attorneys 2013

Part 1
Current Situation of Attorneys and Other Legal Professions

Chapter 1 Population of Attorneys　…　1

I.	The Japan Federation of Bar Associations and the Number of Attorneys		1
II.	Constitution According to Age		2

Chapter 2 Change in the Number of Attorneys, etc.　…　3

I.	The Status of the Number of Applicants for Law Schools and Enrollment of People	3
II.	The Status of Successful Bar Examination Candidates	4
	1. Pass Rate of New Bar Examination	4
III.	The Number of Legal Apprentices who Have Completed Legal Training per Chosen Profession	5
IV.	Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries	6
	1. The Number of People per Lawyer (Cross-country Comparison)	6
	2. The Number of People per Judge (Cross-country Comparison)	7
	3. The Number of People per Public Prosecutor (Cross-country Comparison)	8
	4. The Number of People per Legal Professional (Cross-country Comparison)	9
V.	Changes in Populations of Other Legal Professions	12

Chapter 3 Mergers of Law Offices and the Current Situation of Legal Professional Corporations　…　13

I.	The Number of Attorneys in Law Offices	13
II.	Current Situation of Legal Professional Corporations	15
	1.The Number of LPCs	15
	2.Size of Legal Professional Corporations	16

Chapter 4 Current Situation of Gaikokuho-Jimu-Bengoshi ("Registered Foreign Lawyers")　…　17

I.	Changes in the Number of Gaikokuho-Jimu-Bengoshi (1988-2013)	17
II.	Registration of Gaikokuho-Jimu-Bengoshi (Registered Foreign Lawyers)	18
III.	Situations regarding Alliances with Foreign Law Joint Enterprises	19
IV.	The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations	21
	1.By Nationality	21
	2.By Home Jurisdiction	22
V.	World Law Firms and Their Entry into the Japanese Market	23

Part 2
Activities of Attorneys

Chapter 1 Criminal Advocacy Activities　…　24

Section 1 Duty Attorney and Court-Appointed Attorney Systems		24
I.	Outline of Duty Attorney and Court-Appointed Attorney Systems	24
II.	Current Situations of Duty Attorneys (Toban Bengoshi)	25
III.	Changes in the Number of Duty Attorney Requested Cases, Appointed Cass and Criminal Suspect Defense Aid Cases	26
Section 2 The Status of Defense Attorneys Involvement in the Overall Criminal Cases		27
I.	The Status of Court-Appointed Attorney Contracts, and the Number of Defendants with Court-Appointed Attorneys	27
II.	Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts	28
III.	Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts	28
IV.	Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts	29
Section 3 Defense Activities in Juvenile Cases		30
I.	Changes in the Number of Juvenile Probation Cases (at Family Courts) and the Proportion of Cases in which Attendants are Present	30
II.	Changes in the Number of Juvenile Probation Cases (at Family Courts) with Appointed Attendants (by type)	31
Section 4 The Lay Judge System		32
I.	Cases Determined by Lay Judges	32
II.	Actual Practice of Lay Judge Trials	34
	1. The Number of Persons Who Have Been Subjected to Saiban-in (Lay Judges) Trials and Whose Trials Have Been Finalized	34
	2. Comparison of the Average Period Taken for Court Deliberations and the Average Period of the Pretrial Conference Procedure (by confession and denial), etc.	35

Chapter 2 Activities in Civil and Other Lawsuits　…　38

Section 1 Civil Lawsuits		38
I.	Attorneys’ Involvement in Ordinary Civil Lawsuits before District Courts	38
II.	Attorneys’ Involvement in Ordinary Civil Lawsuits before Summary Courts	40
III.	Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (before High Courts)	41
Section 2 JFBA’s Assistance for Disaster Victims of the Great East Japan Earthquake		42
I.	JFBA’s Response to the Great East Japan Earthquake and the Fukushima Nuclear Power Plant Accident	42
II.	Statistical Results of Free Legal Consultations in Regard to the Great East Japan Earthquake	43
III.	JFBA’s Response to Double Loan Payment Issues	45
IV.	JFBA’s Response to the Nuclear Power Plant Accident, etc.	46

Chapter 3 Expansion of Attorneys’ Activities　…　47

I.	Current Situation of In-house Attorneys	47
	1. Changes in the Number of In-house Attorneys	47
	2. Public Officers with Fixed Terms	48
II.	Diet Member and Head of Local Governments Registered as Attorneys	49

Part 3
Activities of the JFBA and Local Bar Associations

Chapter 1 Autonomy of Attorneys　…　50

Section 1 Complaints and Dispute Conciliations		50
I.	Complaints against Attorneys	50
II.	Dispute Conciliation	51
	1. Number of Dispute Conciliation Cases Newly Received	51
	2. Handling of Dispute Conciliation Cases (All Bar Associations) – 2003 to 2012 –	51
Section 2 Disciplinary System for Attorneys		52
I.	Summary of the Disciplinary System for Attorneys	52
	1.Request for Discipline	52
	2.Investigation by Disciplinary Enforcement Committee	52
	3.Examination by Disciplinary Actions Committee	52
	4.Filing of an Objection, etc.	53
	5.Public Notice by the Official Gazette, etc.	53
II.	Operation of the Disciplinary System	54
	1.Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA	54
	(1)Bar Associations	54
	(2)JFBA	54
	2.Processing Cases at Disciplinary Actions Committees of Bar Associations and the JFBA	55
	(1)Bar Associations	55
	(2)JFBA	55
	i.Objections	55
	ii.Appeals	55
	3.Processing Cases at the JFBA Board of Discipline Review	56
Section 3 Disciplinary Actions and Disciplinary Procedure		57
I.	Statistics Regarding Disciplinary Actions	57
	1.Changes in the Number of Newly Accepted Requests for Disciplinary Actions (All Bar Associations) –1996 to 2012-	57
	2.Number of Requests for Disciplinary Action and Details of Handling the Requests (All Bar Associations)	58
	3.Percentage of Disciplinary Actions (All Bar Associations)	59
	(1)Percentage of Cases with Disciplinary Actions out of All Requests for Disciplinary Actions	59
	(2)Changes in Percentage of Members with Disciplinary Actions	59
II.	The Flow and Current Situation of Disciplinary Procedure	60
	1.The Disciplinary System	60

Chapter 2 The JFBA's Activities involving Human Rights Relief　…　62

I.	Appeal System Procedures for Human Rights Relief		62
II.	The Number of Human Rights Relief Cases (by Category)		64

Chapter 3 International Activities of the JFBA　…　65

Section 1 International Human Rights Activities		66
I.	Activities at the United Nations (UN)	66
II.	Activities Related to the UN and UN Human Rights Bodies	66
Section 2 International Exchange Activities		67
I.	Membership of International Organizations	67
II.	MOUs with Overseas Bar Organizations	67
Section 3 International Cooperation		69
I.	JICA Long-Term Experts Achievement	69
II.	Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country)	71
Section 4 Overseas Visiting Fellow Program and Support for Working in International Organizations		73
I.	JFBA Overseas Visiting Fellow Program	73
	1.Past Overseas Visiting Fellows	73
II.	Support for JFBA Members Interested in Working in International Organizations	75
III.	Other Support	75

White Paper on Attorneys 2013

Contents