White Paper on Attorneys 2011

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Contents

Feature 1
History and Future Development of Training System for Attorneys
Chapter 1　Overviews of Training System for Attorneys　…　1
1.  Training Conducted by the JFBA . 1
2.  Training Conducted by Bar Associations and Federations of Bar Associations . 1
3.  Other Forms of Training . 1
Chapter 2　Training Programs Conducted by the JFBA　…　2
Ⅰ. Special Training . 2
Ⅱ. Summer Training . 2
Ⅲ. E-learning Training . 2
Chapter 3　Ethical Training for Attorneys　…　4
Chapter 4　Training for Newly-Registered Attorney　…　5
Chapter 5　Training for the Granting of Qualifications to Qualified Persons to Become Attorneys　…　6
Feature 2
JFBA Activities in regard to the Great East Japan Earthquake -Reflecting Back on the Period Shortly After the Earthquake-
Chapter 1　Legal Consultation Services　…　8
1.  Legal Aid Services Conducted at Affected Areas . 8
2.  Legal Aid Services Conducted for Disaster Victims by Toll-Free Telephone Hotline . 8
3.  Statistical Results of Legal Counseling Services . 9
Chapter 2　Accomplishments Brought About by the JFBA Activities (in support of disaster victims)　…　11
Part 1
Current Situation of Attorneys and Other Legal Professions
Chapter 1　Population of Attorneys　…　13
Ⅰ.  Changes in the Number of Attorneys －1950 to 2011－ . 13
Ⅱ.  Constitution According to Age . 14
Ⅲ.  The Number of People per Attorney . 15
Ⅳ.  The Number of Civil and Family Cases per Attorney . 16
Ⅴ.  Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries . 17
  1.　The Number of People per Lawyer (Cross-country Comparison) . 17
  2.　The Number of People per Judge (Cross-country Comparison) . 18
  3.　The Number of People per Public Prosecutor (Cross-country Comparison) . 19
  4.　The Number of People per Legal Professional (Cross-country Comparison) . 20
Chapter 2　Current Situation of Gaikokuho-jimu-bengoshi ("Registered Foreign Lawyers")　…　23
Ⅰ.  Changes in the Number of Gaikokuho-jimu-bengoshi(1988-2011) . 23
Ⅱ.  Registration of Gaikokuho Jimu Bengoshi (Registered Foreign Lawyers) . 24
Ⅲ.  Foreign Law Joint Enterprises . 25
Ⅳ.  The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations . 27
  1.　By Nationality . 27
  2.　By Home Jurisdiction . 28
Ⅴ.  World Law Firms and Their Entry into the Japanese Market . 29
Chapter 3　Mergers of Law Offices and the Current Situation of Legal Professional Corporations　…　30
Ⅰ.  The Number of Attorneys in Law Offices . 30
Ⅱ.  Current Situation of Legal Professional Corporations . 32
  1.　Number of LPCs . 32
  2.　Size of Legal Professional Corporations . 33
Chapter 4　Populations of Other Legal Professions　…　34
Ⅰ.  Changes in Populations of Other Legal Professions . 34
Part 2
Activities of Attorneys
Chapter 1　Criminal Advocacy Activities　…　35
Section 1 Activities of Court-Appointed Attorneys . 35
Ⅰ.  Court-Appointed Attorney System, Court-Appointed Attorney Contracts, and the Number of Defendants with Court-Appointed Attorneys . 35
Ⅱ.  Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts . 36
Ⅲ.  Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts . 37
Ⅳ.  Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts . 38
Ⅴ.  Changes in the Number of Defendants Retaining Court-Appointed Defense Counsel (before Indictment) . 39
Section 2.　Activities of Duty Attorneys (Toban Bengoshi) . 40
Ⅰ.  Duty Attorney System . 40
Ⅱ.  Changes in the Number of Duty Attorney Accepted Cases, Appointed Cases, and Criminal Suspect Defense Aid Cases . 41
Section 3.　Defense Activities in Juvenile Cases . 42
1.  Activities to Realize a Full Public Attendant System . 42
(1)  Court-Appointed Attorneys System . 42
Ⅰ.  Changes in the Number of Juvenile Probation Cases (at Family Courts) and the Presence of Attendants . 42
Ⅱ.  Changes in the Number of Juvenile Probation Cases (at Family Courts) involving Appointed Attendants . 43
Section 4.　 Challenges and Future Development of the Lay Judge System . 44
Ⅰ.  Cases determined by Lay Judges . 44
Ⅱ.  Actual Practice by Lay Judge Trials . 46
  1.　The Number of Persons whose Trials have been Tried by Judges Including Lay Judges and that have been Finalized . 46
Chapter 2　Representation in Civil and Other Lawsuits　…　48
Section 1 Civil and Commercial Lawsuits . 48
Ⅰ.  Attorneys' Involvement in Ordinary Civil Lawsuits before District Courts . 48
Ⅱ.  Changes in the Percentage of Appointed Attorneys in Ordinary Second Instances (before High Courts) . 49
Ⅲ.  Percentage of Attorneys' Involvement in Ordinary Civil Lawsuits before Summary Courts . 50
Chapter 3　Expansion of Attorneys' Activities　…　51
Ⅰ.  Current Situation of In-house Attorneys . 51
  1.　Changes in the Number of In-house Attorneys . 51
  2.　Public Officers with Fixed Terms . 52
  3.　Diet Member and Head of Local Governments Registered as Attorney . 52
Ⅱ.  Appointment of Attorneys as Judges and Public Prosecutors . 53
  1.　Attorneys as Full-Time Judges . 53
  2.　Attorneys as Part-Time Judges . 53
Part 3
Activities of the JFBA and Local Bar Associations
Chapter 1　The JFBA's Activities involving Human Rights Relief　…　54
Ⅰ.  Appeal System Procedures for Human Rights Relief . 54
Ⅱ.  The Number of Human Rights Relief Cases (by Category) . 56
Chapter 2　International Activities of the JFBA　…　57
Section 1 International Human Rights Activities . 58
Ⅰ.  Activities at the United Nations (UN) . 58
Ⅱ.  Activities Related to the UN and UN Human Rights Bodies . 58
Section 2 International Exchange Activities . 59
Ⅰ.  Membership of International Organizations . 59
Ⅱ.  MOUs with Overseas Bar Organizations . 59
Section 3.　International Cooperation . 60
Ⅰ.  JICA Long-Term Experts . 60
Ⅱ.  Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country) . 62
Section 4.　Overseas Visiting Fellow Program and Support for Working in International Organizations . 64
Ⅰ.  JFBA Overseas Visiting Fellow Program . 64
Ⅱ.  Support for JFBA Members Interested in Working in International Organizations . 66
Ⅲ.  Other Support . 66
Chapter 3　Autonomy of Attorneys　…　67
Section 1 Complaints and Dispute Conciliations . 67
Ⅰ.  Complaints against Attorneys . 67
Ⅱ.  Dispute Conciliation . 68
  1.　Number of Dispute Conciliation Cases Newly Received . 68
  2.　Handling of Dispute Conciliation Cases (All Bar Associations) – 2000 to 2010 – . 69
Section 2 Disciplinary System for Attorneys . 70
Ⅰ.  Summary of the Disciplinary System for Attorneys . 70
  1.　Request for Discipline . 70
  2.　Investigation by Disciplinary Enforcement Committee . 70
  3.　Examination by Disciplinary Actions Committee . 70
  4.　Filing of an Objection, etc. . 71
  5.　Public Notice by the Official Gazette, etc. . 71
Ⅱ.  Operation of the Disciplinary System . 72
  1.　Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA . 72
  (1)　Bar Associations . 72
  (2)　JFBA . 72
  2.　Processing Cases at Disciplinary Actions Committees of Bar Associations and the JFBA . 73
  (1)　Bar Associations . 73
  (2)　JFBA . 73
  (i)　Objections . 73
  (ii)　Appeals . 73
  3.　Processing Cases at the JFBA Board of Discipline Review . 74
Section 3.　Disciplinary Actions and Disciplinary Procedure . 75
Ⅰ.  Statistics Regarding Disciplinary Actions . 75
  1.　Changes in the Number of Newly Accepted Requests for Disciplinary Actions (All Bar Associations) – 1994 to 2010 – . 75
  2.　Number of Requests for Disciplinary Action and Details of Handling the Requests (All Bar Associations) . 76
  3.　Percentage of Disciplinary Actions (All Bar Associations) . 77
  (1)　Percentage of Cases with Disciplinary Actions out of All Requests for Disciplinary Actions . 77
  (2)　Change in Percentage of Members with Disciplinary Actions . 77
Ⅱ.  The Flow and Current Situation of Disciplinary Procedure . 78
  1.　The Disciplinary System . 78