White Paper on Attorneys 2009

Full Text(PDF:14MB)

Part 1
Current Situation of Attorneys and Other Legal Professions

Chapter 1　Current Situation of Attorneys

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

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")

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

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

Ⅰ.	Changes in Populations of Other Legal Professions		20

Part 2
Activities of Attorneys

Chapter 1　Criminal Advocacy Activities

Section 1 Activities of Court-Appointed Attorneys		21
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		26
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

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

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

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

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

White Paper on Attorneys 2009

Contents