White Paper on Attorneys 2010
Part 1
Current Situation of Attorneys and Other Legal Professions
Current Situation of Attorneys and Other Legal Professions
Chapter 1 Current Situation of Attorneys
I. | Population of Attorneys | 1 | |
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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 | |
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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 | |
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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 | |
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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 |
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Part 2
Activities of Attorneys
Activities of Attorneys
Chapter 1 Criminal Advocacy Activities
Section 1 Activities of Court-Appointed Attorneys | 23 | ||
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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 | |
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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 | |
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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
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 | |
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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 | ||
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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 | ||
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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 |