White Paper on Attorneys 2017

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Present Status and Challenges Relating to the Use of Information Technology (IT)
in the Work of Attorneys ... 1

Chapter 1 Actual Situation of the Use of IT in the Work of Attorneys … 1

1.1	Results of Questionnaire Concerning the Use of IT in the Work of Attorneys	1
	1.1.1. IT Tools Used in the Work of Attorneys	1
	1.1.2. Security Measures for IT Work of Attorneys	2
	1.1.3. Storage Locations of Data Used in the Work of Attorneys	2
	1.1.4. Methods of Exchanging Printed Materials etc. with Clients	3
	1.1.5 Methods of Exchanging Electronic Data with Clients	3
	1.1.6 Password Setting to Electronic Data	4
	1.1.7 Service that Attorneys Want to Use	4
1.2	Information Security Measures in the Work of Attorneys – from the Questionnaire Results Concerning Information Security	5
	1.2.1. Security Trouble Encountered in the Use of Equipment in the Work of Attorneys	5
	1.2.2 Security Measures at Law Offices	5

Chapter 2 Initiatives of the JFBA　…　6

2.1	Initiatives Taken by the JFBA Committee on Legal Practice Issues	6
2.2	Web Services Provided on the JFBA Website	6
	2.2.1. Himawari Legal Consultation Network	6
	2.2.2. Himawari Job Opening/Seeking Navigation	6
	2.2.3. Search for Information on Attorneys and Legal Professional Corporations	6
	2.2.4. Himawari Search	6

Chapter 3 The Way Forward　…　7

3.1	“The Investments for the Future Strategy 2017 - Reform Aiming at Achievement of Society 5.0” (the cabinet decision made on June 9, 2017)		7
3.2	The Way Forward		7

Part 1
Current Situation of Attorneys and Other Legal Professions　…　8

Chapter 1 Population of Attorneys　…　8

1.1	The Japan Federation of Bar Associations and the Number of Attorneys		8
1.2	Constitution According to Age		10

Chapter 2 The Number of Populations relating to Legal Professionals　…　11

2.1	The Status of the Number of Applicants for Law Schools and Enrollment of People	11
2.2	The Status of Successful Bar Examination Candidates	12
	2.2.1 Pass Rate of Bar Examination	12
	2.2.2 Situation Surrounding the Preliminary Examination for the Bar Examination	14
2.3	The Number of Legal Apprentices who Have Completed Legal Training per Chosen Profession	15
2.4	The Number of Judges, Prosecutors, and Attorneys	17
2.5	Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries	18
	2.5.1 The Number of People per Lawyer (Cross-country Comparison)	18
	2.5.2 The Number of People per Judge (Cross-country Comparison)	18
	2.5.3 The Number of People per Public Prosecutor (Cross-country Comparison)	19
	2.5.4 The Number of People per Legal Professional (Cross-country Comparison)	20
2.6	Changes in Populations of Other Legal Professions	23

Chapter 3 Mergers of Law Offices and the Current Situation of Legal Professional Corporations　…　24

3.1	The Number of Attorneys in Law Offices	24
3.2	Current Situation of Legal Professional Corporations	26
	3.2.1 The Number of Legal Professional Corporations	26
	3.2.2 Size of Legal Professional Corporations	28

Chapter 4 Current Situation of Gaikokuho-Jimu-Bengoshi ("Registered Foreign Lawyers")　…　29

4.1	Changes in the Number of Gaikokuho-Jimu-Bengoshi	29
4.2	Registration of Gaikokuho-Jimu-Bengoshi (Registered Foreign Lawyers)	30
4.3	Situations regarding Alliances with Foreign Law Joint Enterprises	31
4.4	Situation regarding Registered Foreign Lawyer Corporations (Gaikokuho-Jimu-Bengoshi-Hojin)	32
4.5	The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations	33
	4.5.1 By Nationality	33
	4.5.2 By Home Jurisdiction	33
4.6	World Law Firms and Their Entry into the Japanese Market	35

Part 2
Activities of Attorneys　…　36

Chapter 1 Criminal Advocacy Activities　…　36

1.1	Duty Attorney (Toban Bengoshi) and Court-Appointed Attorney Systems for Suspects	36
	1.1.1 Outline of Duty Attorney (Toban Bengoshi) and Court-Appointed Attorney System for Suspects	36
	1.1.2 Current Situation of the Duty Attorney (Toban Bengoshi) System	36
	1.1.3 Changes in the Number of Duty Attorney Requested Cases, Appointed Cases, and Criminal Suspect Defense Aid Cases	38
	1.1.4 Public Defense System Available Prior to Indictment	39
1.2	The Status of Defense Attorneys Involvement in the Overall Criminal Cases	41
	1.2.1 The Status of Court-Appointed Attorney Contracts and the Number of Defendants with Court-Appointed Attorneys	41
	1.2.2 Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts	41
	1.2.3 Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts	42
	1.2.4 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts	42
1.3	Defense Activities in Juvenile Cases	43
1.4	The Lay Judge System	45
	1.4.1 Cases Determined by Lay Judges	45
	1.4.2 Actual Practice of Lay Judge Trials	47

Chapter 2 Activities in Civil and Other Lawsuits　…　50

2.1	Civil Lawsuits	50
	2.1.1 Attorneys’ Involvement in Ordinary Civil Lawsuits before District Courtsurts	50
	2.1.2 Attorneys’ Involvement in Ordinary Civil Lawsuits before Summary Courtsrts	51
	2.1.3 Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (before High Courts)	52
2.2	Supporting Activities for Criminal Victims	53
2.3	JFBA Support Activities for Affected People in Relation to the Great East Japan Earthquake	54
	2.3.1 Recommendations, etc. the JFBA has Issued and Legislation and Systems Realized	54

Chapter 3 Expansion of Attorneys’ Activities　…　56

3.1	Current Situation of In-house Attorneys	56
	3.1.1 Changes in the Number of In-house Attorneys	56
	3.1.2 Situation of Public Officers with Fixed Terms	57
3.2	Diet Members and Head of Local Governments Registered as Attorneys	59

Part 3
Activities of the JFBA and Local Bar Associations　…　60

Chapter 1 Autonomy of Attorneys 　…　60

1.1	Complaints and Dispute Conciliations	60
	1.1.1 Complaints against Attorneys	60
	1.1.2 Dispute Conciliation	61

1.2	Disciplinary System for Attorneys and its Operation	62
	1.2.1 Summary of the Disciplinary System for Attorneys	62
	1.2.2 Statistics Regarding Disciplinary Actions	65
	1.2.3 Operation of the Disciplinary System	68
	1.2.4 The Flow and Current Situation of Disciplinary Procedure	71

Chapter 2 The JFBA's Activities involving Human Rights Redress 　…　72

2.1	The Operation of the Human Rights Redress System	72
	2.1.1 Procedures for Human Rights Redress System	72
2.2	Current Situation Regarding the Retrial Cases Supported by the JFBA	75
	2.2.1 Retrial Cases Supported by the JFBA	75
	2.2.2 Achievement by the JFBA for its Support on Retrial Request Cases	75

Chapter 3 International Activities of the JFBA　…　78

3.1	International Human Rights Activities	79
	3.1.1. Activities at the United Nations (UN) and International Conferences	79
	3.1.2. Activities Related to the UN Human Rights Bodies and the UPR	80
3.2	International Cooperation	81
	3.2.1. Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country)	81
	3.2.2. JICA Long-Term Experts Achievement	83
3.3	International Exchange Activities	85
	3.3.1. Membership of International Organization	85
	3.3.2. MOUs between the JFBA and Overseas Bar Organizations	85
	3.3.3. MOUs between Local Bar Associations and Overseas Bar Organizations	85
3.4	Overseas Visiting Fellow Program	87
	3.4.1 JFBA Overseas Visiting Fellow Program	87
	3.4.2 Past Overseas Visiting Fellows	87
3.5	Support for Career Development in International Public Service	88
	3.5.1. Implementation of Various Seminars and Events	88
	3.5.2. Support System for Career Development in International Public Service	89
	3.5.3 Implementation of Judicial Apprentice Training and Internships at the Offices of International Organizations in Japan	89
3.6	Promotion of International Practice by Attorneys	89
	3.6.1 JFBA’s Activities to Promote International Practice by Attorneys	89
	3.6.2 Attorney Referral System for Japanese SMEs going Overseas and its Partner Organization Accreditation System	90

Part 4
Comprehensive Legal Support　…　91

Chapter 1 Japan Legal Support Center (Ho-terasu) 　…　91

1.1	Scope of Operations of Ho-terasu		91
1.2	Support Operations Entrusted by the JFBA		92

White Paper on Attorneys 2017

Contents