White Paper on Attorneys 2010

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Contents

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 2010- . 1
  2. The Number of People per Attorney . 2
Ⅱ.  The Number of Civil and Family Cases per Attorney . 3
Ⅲ.  Working Hours and Incomes . 4
  1. Working Hours of Attorneys (Average per Week) . 4
  2. Income of Attorneys (Income based on Final Return Forms of March 2010) . 4
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 . 5
  1. The Number of People per Lawyer (Cross-country Comparison) . 5
  2. The Number of People per Judge (Cross-country Comparison) . 6
  3. The Number of People per Public Prosecutor (Cross-country Comparison) . 7
  4. The Number of People per Legal Professional (Cross-country Comparison) . 8
Chapter 3 Current Situation of Gaikokuho-jimu-bengoshi ("Registered Foreign Lawyers")
Ⅰ.  Changes in the Number of Gaikokuho-jimu-bengoshi . 11
Ⅱ.  Registration of Gaikokuho Jimu Bengoshi (Registered Foreign Lawyers) . 12
Ⅲ.  Foreign Law Joint Enterprises . 13
Ⅳ.  The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations . 15
  1. By Nationality . 15
  2. By Home Jurisdiction . 16
Ⅴ.  World Law Firms and Their Entry into the Japanese Market . 17
Chapter 4 Mergers of Law Offices and the Current Situation of Legal Professional Corporations
Ⅰ.  The Number of Attorneys in Law Offices . 18
Ⅱ.  Current Situation of Legal Professional Corporations . 20
  1. Number of LPCs . 20
  2. Size of Legal Professional Corporations . 21
Chapter 5 Populations of Other Legal Professions
Ⅰ.  Changes in Populations of Other Legal Professions . 22
Part 2
Activities of Attorneys
Chapter 1 Criminal Advocacy Activities
Section 1 Activities of Court-Appointed Attorneys . 23
Ⅰ.  Court-Appointed Attorney System, Court-Appointed Attorney Contracts, and the Number of Defendants with Court-Appointed Attorneys . 23
Ⅱ.  Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts . 24
Ⅲ.  Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts . 25
Ⅳ.  Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts . 26
Section 2. Activities of Duty Attorneys (Toban Bengoshi) . 27
Ⅰ.  Duty Attorney System . 27
Ⅱ.  Changes in the Number of Duty Attorney Accepted Cases, Appointed Cases, and Criminal Suspect Defense Aid Cases . 28
Section 3. Defense Activities in Juvenile Cases . 29
Ⅰ.  Changes in the Number of Juvenile Probation Cases (at Family Courts) and the Presence of Attendants . 29
Chapter 2 Representation in Civil and Other Lawsuits
Section 1 Civil and Commercial Lawsuits . 30
Ⅰ.  Attorneys' Involvement in Ordinary Civil Lawsuits before District Courts . 30
Ⅱ.  Changes in the Percentage of Appointed Attorneys in Ordinary Second Instances (before High Courts) . 31
Ⅲ.  Percentage of Attorneys' Involvement in Ordinary Civil Lawsuits before Summary Courts . 32
Chapter 3 Expansion of Attorneys' Activities
Ⅰ.  Current Situation of In-house Attorneys . 33
  1. Changes in the Number of In-house Attorneys . 33
  2. Public Officers with Fixed Terms . 34
  3. Diet Member and Head of Local Governments Registered as Attorney . 34
Ⅱ.  Working Conditions for In-house Attorneys . 35
  1. Annual Incomes of In-house Attorneys . 35
  2. Salary Systems for Attorneys . 35
  3. Bar Membership Dues . 35
Ⅲ.  Appointment of Attorneys as Judges and Public Prosecutors . 36
  1. Attorneys as Full-Time Judges . 36
  2. Attorneys as Part-Time Judges . 36
Ⅳ.  Activities of Attorneys in Local Governments . 37
  1. Employment of Staff Members with Attorney Qualifications . 37
  (1) Current Employment of Persons with Attorney Qualifications . 37
  (2) Future Employment Plans . 37
  (3) Obstacles in Employing Attorneys (multiple answers allowed) . 37
  2. Legal Advisory Attorneys . 38
  (1) Retaining Legal Advisory Attorneys . 38
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 . 39
Ⅱ.  The Number of Human Rights Relief Cases (by Category) . 41
Chapter 2 International Activities of the JFBA
Section 1 International Human Rights Activities . 43
Ⅰ.  Activities at the United Nations (UN) . 43
Ⅱ.  Reports to UN Human Rights Bodies . 43
Ⅲ.  Activities related to the Universal Periodic Review (UPR) . 44
Section 2 International Exchange Activities . 44
Ⅰ.  Membership of International Organizations . 44
Ⅱ.  MOUs with Overseas Bar Organizations . 44
Section 3. International Cooperation . 46
Ⅰ.  JICA Long-Term Experts . 46
Ⅱ.  Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country) . 48
Section 4. Overseas Visiting Fellow Program and Support for Working in International Organizations . 49
Ⅰ.  JFBA Overseas Visiting Fellow Program . 49
Ⅱ.  Support for JFBA Members Interested in Working in International Organizations . 52
Ⅲ.  Other Support . 52
Chapter 3 Autonomy of Attorneys
Section 1 Complaints and Dispute Conciliations . 53
Ⅰ.  Complaints against Attorneys . 53
Ⅱ.  Dispute Conciliation . 54
  1. Number of Dispute Conciliation Cases Newly Received . 54
  2. Handling of Dispute Conciliation Cases (All Bar Associations) – 2000 to 2009 – . 55
Section 2 Disciplinary System for Attorneys . 56
Ⅰ.  Summary of the Disciplinary System for Attorneys . 56
  1. Request for Discipline . 56
  2. Investigation by Disciplinary Enforcement Committee . 56
  3. Examination by Disciplinary Actions Committee . 56
  4. Filing of an Objection, etc. . 57
  5. Public Notice by the Official Gazette, etc. . 57
Ⅱ.  Operation of the Disciplinary System . 58
  1. Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA . 58
  (1) Bar Associations . 58
  (2) JFBA . 58
  2. Processing Cases at Disciplinary Actions Committees of Bar Associations and the JFBA . 59
  (1) Bar Associations . 59
  (2) JFBA . 59
  (i) Objections . 59
  (ii) Appeals . 59
  3. Processing Cases at the JFBA Board of Discipline Review . 60
Section 3. Disciplinary Actions and Disciplinary Procedure . 61
Ⅰ.  Statistics Regarding Disciplinary Actions . 61
  1. Changes in the Number of Newly Accepted Requests for Disciplinary Actions (All Bar Associations) – 1993 to 2009 – . 61
  2. Number of Requests for Disciplinary Action and Details of Handling the Requests (All Bar Associations) . 62
  3. Percentage of Disciplinary Actions (All Bar Associations) . 63
  (1) Percentage of Cases with Disciplinary Actions out of All Requests for Disciplinary Actions . 63
  (2) Change in Percentage of Members with Disciplinary Actions . 63
Ⅱ.  The Flow and Current Situation of Disciplinary Procedure . 64
  1. The Disciplinary System . 64
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