White Paper on Attorneys 2011
Feature 1
History and Future Development of Training System for Attorneys
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 | |
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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 | |
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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-
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 | |
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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
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 | |
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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 | |
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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 | |
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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 |
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Part 2
Activities of Attorneys
Activities of Attorneys
Chapter 1 Criminal Advocacy Activities … 35
Section 1 Activities of Court-Appointed Attorneys | 35 | ||
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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 | ||
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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 | |
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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
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 | |
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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 | ||
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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 | ||
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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 |