White Paper on Attorneys 2022

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Special Feature: Making Interrogations Transparent – Current State & Challenges

Chapter 1. Introduction...2

1.1	Introduction	2
1.2	Overview of the JFBA’s Efforts and Developments Initiated by the Government and Others	2
1.3	Significance of Making Interrogations Transparent	3

Chapter 2. Current Status of Implementation of Making Interrogations Transparent...4

2.1	Current Status of Implementation of Audio and Video Recording of Interrogations by Public Prosecutors	4
	2.1.1 Four Categories of Cases	4
	2.1.2 Scope of Pilot Full-recording	4
2.2	Current Status of Implementation of Audio and Video Recording of Interrogations by Police	10
	2.2.1 Scope of Implementation	10
	2.2.2 Three Characteristics of Implementation by Police	10
2.3	Suspect’s Notes	12
2.4	Interviews of Representatives	12

Chapter 3. Conclusion…14

Part 1. Legal Profession Statistics

Chapter 1. Attorney Demographics…16

1.1	The Japan Federation of Bar Associations and the Attorney Population		16
1.2	Attorney Population by Age Group		18

Chapter 2. Legal Profession Demographics…19

2.1	Number of Law School Applicants and Enrollment	19
2.2	Statistics for Successful Examinees in Bar Examination	20
	2.2.1 Pass Rate of Bar Examination	20
	2.2.2 Demographics of the Preliminary Examination for the Bar Examination	22
2.3	Number of Apprentices Who Completed the Legal Apprenticeship Training by Career Path	23
2.4	Change in the Number of Judges, Prosecutors, and Attorneys over Time	25
2.5	Gender Ratio of Law School Students, Bar Examination, Preliminary Bar Examination, and Those Who Completed the Legal Apprenticeship Training	26
2.6	Number of Attorneys in Japan Compared to Other Countries	29
2.7	Change in Other Legal Profession Populations over Time	31

Chapter 3. Mergers of Law Firms and Statistics of Legal Professional Corporations …32

3.1	Law Firm Size	32
3.2	Legal Professional Corporation Statistics	34
	3.2.1 Number of Legal Professional Corporations	34
	3.2.2 Size of Legal Professional Corporations	36

Chapter 4. Facts about Registered Foreign Lawyers (Gaikokuho-Jimu-Bengoshi)

…37

4.1	Change in the Number of Registered Foreign Lawyers over Time	37
4.2	Registration of Registered Foreign Lawyers	38
4.3	Status of Alliances in the Form of Foreign Law Joint Enterprises	39
4.4	Incorporations of Registered Foreign Lawyer Corporations (Gaikokuho Jimu Bengoshi Hojin)	41
4.5	Employment Status of Attorneys Hired by Registered Foreign Lawyers or Registered Foreign Lawyer Corporations	42
4.6	Number of Foreign Lawyers Employed by Attorneys and LPCs	42
	4.6.1 By Nationality	42
	4.6.2 By Jurisdiction Where the Attorney’s License was Obtained	42

Part 2. Activities of Attorneys

Chapter 1. Criminal Advocacy Activities…46

1.1	Duty Attorney (Toban Bengoshi) and Court-Appointed Defense Counsel Systems for Suspects	46
	1.1.1Outline of Duty Attorney (Toban Bengoshi) and Court-Appointed Defense Counsel System for Suspects	46
	1.1.2 Current Situation of the Duty Attorney (Toban Bengoshi) System	47
	1.1.3 Changes in the Number of Duty Attorney Requested Cases, Appointed Cases, and Criminal Suspect Defense Aid Cases	47
	1.1.4 Public Defense System Available Prior to Institution of Prosecution	48
	1.1.4.1 Operation Status of Court-Appointed Defense Counsel System for Suspects	48
	1.1.4.2 Permission or Rejection for Detention Requests	50
1.2	Status of Defense Attorneys’ Involvement in Overall Criminal Cases	51
	1.2.1 Status of Court-Appointed Defense Counsel Contracts and the Number of Defendants with Court-Appointed Defense Counsel	51
	1.2.2 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Institution of Prosecution) (Court-Appointed and Privately Retained) at District Courts	51
	1.2.3 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Institution of Prosecution) (Court-Appointed and Privately Retained) at Summary Courts	52
	1.2.4 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Institution of Prosecution) (Court-Appointed and Privately Retained) at High Courts	53
1.3	Defense Activities in Juvenile Cases	54
1.4	The Lay Judge System	56
	1.4.1 Cases Determined by Lay Judges	56
	1.4.2 Actual Practice of Lay Judge Trials	57
	1.4.2.1 Number of Persons Who Have Been Subjected to Saiban-in (Lay Judges) Trials that Have Been Disposed of	57
	1.4.2.2 Comparison of the Average Period Taken for Court Deliberations and the Average Period of the Pretrial Conference Procedure (by confession and denial), etc.	57

Chapter 2. Activities in Civil and Other Lawsuits…60

2.1	Civil Lawsuits	60
	2.1.1 Attorneys’ Involvement in Ordinary Civil Lawsuits at District Courts	60
	2.1.2 Attorneys’ Involvement in Ordinary Civil Lawsuits at Summary Courts	61
	2.1.3Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (at High Courts)	62
	2.1.4 Labor Tribunal Cases	63
	(1) Number of Labor Tribunal Cases Newly Accepted by and Concluded at District Courts	63
	(2) Status of Appointing Agents in Labor Tribunal Proceedings at District Courts	64
2.2	Supporting Activities for Criminal Victims	65
2.3	JFBA Support Activities for Affected People in Relation to the Great East Japan Earthquake	66
	2.3.1 Recommendations, etc. the JFBA has Issued in Response to Disasters	66

Chapter 3. Expansion of Attorneys' Activities…68

3.1	Current Situation of In-house Attorneys	68
	3.1.1 Changes in the Number of In-house Attorneys	68
	3.1.2 Situation of Public Officers with Fixed Terms	69
3.2	Diet Members and Head of Local Governments Registered as Attorneys	71

Part 3. Activities of the JFBA and Local Bar Associations

Chapter 1. Autonomy of Attorneys…74

1.1	Complaints and Dispute Conciliations	74
	1.1.1 Complaints against Attorneys	74
	1.1.2 Dispute Conciliation	76
	(1) Number of Dispute Conciliation Cases Newly Received	76
	(2) Handling of Dispute Conciliation Cases (All Bar Associations)	76
1.2	Disciplinary System for Attorneys and its Operation	77
	1.2.1 Summary of the Disciplinary System for Attorneys	77
	(1) Request for Discipline	77
	(2) Investigation by Disciplinary Enforcement Committee	77
	(3) Examination by Disciplinary Actions Committee	77
	(4) Filing of an Objection, etc.	77
	(5) Public Notice by the Official Gazette, etc.	78
	1.2.2 Statistics Regarding Disciplinary Action	80
	(1) Changes in the Number of Newly Accepted Requests for Disciplinary Action (All Bar Associations)	80
	(2) Details of Handling of the Requests for Disciplinary Action (All Bar Associations)	81
	(3) Ratio of Disciplinary Action (All Bar Associations)	82
	1.2.3. Operation of the Disciplinary System	83
	(1) Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA	83
	(2) Cases Handled by Disciplinary Actions Committees of Bar Associations and the JFBA	84
	(3) Cases Handled by the JFBA Board of Discipline Review	85
	1.2.4 The Flow and Current Situation of Disciplinary Procedure	86

Chapter 2. The JFBA's Activities involving Human Rights Redress…87

2.1	The Operation of the Human Rights Redress System	87
	2.1.1 Procedures for Human Rights Redress System	87
	2.1.2 Number of Human Rights Redress Cases (by Category)	89
2.2	Current Situation Regarding Retrial Cases Supported by the JFBA	90
	2.2.1 Retrial Cases Supported by the JFBA	90
	2.2.2 Achievement by the JFBA for its Support on Retrial Request Cases	90

Chapter 3. International Activities of the JFBA…93

3.1	International Human Rights Activities	94
	3.1.1 Activities at the United Nations (UN) and International Conferences	94
	3.1.2 Activities Related to the UN Human Rights Bodies and the UPR	95
3.2	International Cooperation	97
	3.2.1 Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country)	97
	3.2.2 JICA Long-Term Experts Achievement	99
3.3	International Exchange Activities	101
	3.3.1 Membership of International Organization	101
	3.3.2 Memorandum of Understanding (MOUs) Signed between the JFBA and Overseas Bar Organizations	101
	3.3.3 MOUs Signed between Local Bar Associations and Overseas Bar Organizations	101
3.4	Overseas Visiting Scholar Program	103
	3.4.1 JFBA Visiting Scholar Program	103
	3.4.2 Past Visiting Scholars	103
3.5	Support for Career Development in International Public Service	104
	3.5.1 Implementation of Various Seminars and Events	105
	3.5.2 Support System for Career Development in International Public Service	105
	3.5.3 Implementation of Judicial Apprentice Training and Internships at the Offices of International Organizations in Japan	106
3.6	Promotion of International Practice by Attorneys	106
	3.6.1 JFBA’s Activities to Promote International Practice by Attorneys	106
	3.6.2 Attorney Referral System for Japanese SMEs Going Overseas	107

Chapter 4. Other Activities...109

4.1 　Legal Expenses Insurance (Right Protection Insurance) System　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　

109

Part 4. Comprehensive Legal Support

Chapter 1. Japan Legal Support Center (Ho-terasu)…112

1.1	Scope of Operations of Ho-terasu		112
1.2	Support Operations Entrusted by the JFBA		113

White Paper on Attorneys 2022

Contents