White Paper on Attorneys 2018

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Feature:

1 Progress Toward Gender Equality in Bar Associations
-Achievements and Challenges in Gender Equality by the JFBA over the Past Decade ... 2

Chapter 1 History of JFBA’s Activities on Gender Equality… 2

Chapter 2 JFBA Third Basic Plan for Promoting Gender Equality …　7

2.1	Establishment and Development of a Framework for Promoting Gender Equality	7
	(1) Situation Regarding Establishment of Gender Equality Promotion Committees in Local Bar Associations	7
	(2) Situation Regarding Formulation of Basic Plan for Promoting Gender Equality in Each Local Bar Association	8
	(3) Reasons for Not Formulating a Basic Plan for Promoting Gender Equality	9
	(4) Calling of Liaison Meeting for Committee Members in Charge of Promoting Gender Equality	9
2.2	Training and Educational Activities	10
	(1) Implementation Status Regarding Training for Prevention of Sexual Harassment	10
	(2) Implementation Status Regarding National Campaign for Gender Equality Promotion	10
2.3	Increase in the Percentage of Female Attorneys	12
	(1) Changes in the Number of Attorneys by Gender	12
	(2) The Number of Attorneys by Gender per Term of Legal Apprentice Training, and Percentage of Females	13
	(3) The Percentage of Females Among Law School Students, Examinees and Successful Examinees of the New Bar Examination	13
	(4) The Number and Percentage by Gender in Preliminary Bar Examination	15
	(5) The Number and Percentage of Females per Chosen Profession after Completion of Legal Training	16
	(6) Changes in the Percentage of Females in the Judicial Field	16
2.4	Elimination of Uneven Distribution of Female Attorneys	17
	(1) Number of Attorneys and Increasing Rate in the Past Decade by Local Bar Association	17
	(2) District Court Branch with Zero Female Attorneys	17
	(3) Number of Attorneys who are Directors of Himawari Law Offices by Gender	20
	(4) Number of Staff Attorneys of the Japan Legal Support Center	20
2.5	Increase in Percentage of Female Attorneys Involved in Policy and Decision making Processes	21
	(1) Number and Percentage of Female Attorneys Appointed as JFBA’s Executives, Secretary General and Deputy Secretary General	21
	(2) Number of Committee Members by Gender	23
	(3) Appointment of Female Attorneys as Executives of Local Bar Associations	27
2.6	Narrowing the Gender Gap in RevenAue, Income, and Work	28
2.7	Prevention of Sexist Behavior and Discriminatory Treatment	28
	(1) Enactment of Regulations for the Prevention of Sexual Harassment	29
2.8	Support for Achieving Work-life Balance	29
	(1) Status of Using the System for Exemption from Paying Membership Fees, etc. while Raising Children	29
	(2) Regulations on Exemption from Paying Membership Fees, etc. while Raising Children	30
	(3) Utilization of Babysitting Charge Subsidy Service	30
	(4) Provision of Childcare Services by Local Bar Associations while Members are Engaged in the Association’s Work, Attending Training Courses, etc.	30
2.9	Taking Initiative in Solving Gender Issues in the Judiciary (Activities Based on the Resolutions Made at the 53rd JFBA General Meeting)	31
	(1) Changes in the Percentage of Female Supreme Court Justices	31
	(2) Percentage of Female Attorneys in Foreign Countries	32

Chapter 3 The Next Ten Years …　34

Feature:

2 Recent Situation Facing Attorneys - Results from Attorneys’ Census ... 36

1	Employment Status of Attorneys	36
2	Scale of Workplace	38
3	Attorneys’ Working Hours	38
4	Breakdown of Working Hours	39
5	Activities Involving Bar Associations	40
6	Revenue and Income of Attorneys	41
7	Trends in Revenue and Income	42
8	Assignment to Posts Other than Attorney’s Activitiesal Meeting)	43

Part 1
Current Situation of Attorneys and Other Legal Professions　…　46

Chapter 1 Population of Attorneys　…　46

1.1	The Japan Federation of Bar Associations and the Number of Attorneys		46
1.2	Constitution According to Age		48

Chapter 2 The Number of Populations relating to Legal Professionals　…　49

2.1	The Japan Federation of Bar Associations and the Number of Attorneys	49
2.2	Constitution According to Age	50
	2.2.1 Pass Rate of Bar Examination	50
	2.2.2 Situation Surrounding the Preliminary Examination for the Bar Examination	52
2.3	The Number of Legal Apprentices who Have Completed Legal Training per Chosen Profession	53
2.4	The Number of Judges, Prosecutors, and Attorneys	55
2.5	Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries	56
	2.5.1 The Number of People per Lawyer (Cross-national Comparison)	56
	2.5.2 The Number of People per Judge (Cross-national Comparison)	56
	2.5.3 The Number of People per Public Prosecutor (Cross-national Comparison)	57
	2.5.4 The Number of People per Legal Professional (Cross-national Comparison)	57
2.6	Changes in Populations of Other Legal Professions	60

Chapter 3 Mergers of Law Offices and the Current Situation of Legal Professional Corporations　…　61

3.1	The Number of Attorneys in Law Offices	61
3.2	Current Situation of Legal Professional Corporations	63
	3.2.1 The Number of Legal Professional Corporations	63
	3.2.2 Size of Legal Professional Corporations	65

Chapter 4 Current Situation of Gaikokuho-Jimu-Bengoshi (“Registered Foreign Lawyers”)　…　66

4.1	Changes in the Number of Gaikokuho-Jimu-Bengoshi	66
4.2	Registration of Gaikokuho-Jimu-Bengoshi (Registered Foreign Lawyers)	67
4.3	Situation regarding Alliances with Foreign Law Joint Enterprises	68
4.4	Situation regarding Registered Foreign Lawyer Corporations (Gaikokuho-Jimu-Bengoshi-Hojin)	70
4.5	Situation Regarding Employment of Attorneys by Gaikokuho-Jimu-Bengoshi and the like	70
4.6	The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations	71
	4.6.1 By Nationality	71
	4.6.2 By Home Jurisdiction	71
4.7	World Law Firms and Their Entry into the Japanese Market	72

Part 2
Activities of Attorneys　…　74

Chapter 1 Criminal Advocacy Activities　…　74

1.1	Duty Attorney (Toban Bengoshi) and Court-Appointed Attorney Systems for Suspects	74
	1.1.1 Outline of Duty Attorney (Toban Bengoshi) and Court-Appointed Attorney System for Suspects	74
	1.1.2 Current Situation of the Duty Attorney (Toban Bengoshi) System	75
	1.1.3 Changes in the Number of Duty Attorney Requested Cases, Appointed Cases, and Criminal Suspect Defense Aid Cases	76
	1.1.4 Public Defense System Available Prior to Indictment	76
1.2	The Status of Defense Attorneys Involvement in the Overall Criminal Cases	79
	1.2.1 The Status of Court-Appointed Attorney Contracts and the Number of Defendants with Court-Appointed Attorneys	79
	1.2.2 Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts	79
	1.2.3 Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts	80
	1.2.4 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts	80
1.3	Defense Activities in Juvenile Cases	81
1.4	The Lay Judge System	83
	1.4.1 Cases Determined by Lay Judges	83
	1.4.2 Actual Practice of Lay Judge Trials	84

Chapter 2 Activities in Civil and Other Lawsuits　…　87

2.1	Civil Lawsuits	87
	2.1.1 Attorneys’ Involvement in Ordinary Civil Lawsuits before District Courts	87
	2.1.2 Attorneys’ Involvement in Ordinary Civil Lawsuits before Summary Courts	88
	2.1.3 Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (before High Courts)	89
	2.1.4 Labor Tribunal Cases	90
2.2	Supporting Activities for Criminal Victims	92
2.3	JFBA Support Activities for Affected People in Relation to the Great East Japan Earthquake	93
	2.3.1 Recommendations, etc. the JFBA has Issued and Legislation and Systems Realized	93

Chapter 3 Expansion of Attorneys' Activities　…　95

3.1	Current Situation of In-house Attorneys	95
	3.1.1 Changes in the Number of In-house Attorneys	95
	3.1.2 Situation of Public Officers with Fixed Terms	96
3.2	Diet Members and Head of Local Governments Registered as Attorneys	98

Part 3
Activities of the JFBA and Local Bar Associations　…　100

Chapter 1 Autonomy of Attorneys　…　100

1.1	Complaints and Dispute Conciliations	100
	1.1.1 Complaints against Attorneys	100
	1.1.2 Dispute Conciliation	101
1.2	Disciplinary System for Attorneys and its Operation	102
	1.2.1 Summary of the Disciplinary System for Attorneys	102
	1.2.2 Statistics Regarding Disciplinary Actions	105
	1.2.3. Operation of the Disciplinary System	108
	1.2.4 The Flow and Current Situation of Disciplinary Procedure	111

Chapter 2 The JFBA's Activities involving Human Rights Redress　…　112

2.1	The Operation of the Human Rights Redress System	112
	2.1.1 Procedures for Human Rights Redress System	112
	2.1.2 The Number of Human Rights Redress Cases (by Category)	114
2.2	Current Situation Regarding the Retrial Cases Supported by the JFBA	115
	2.2.1 Retrial Cases Supported by the JFBA	115
	2.2.2 Achievement by the JFBA for its Support on Retrial Request Cases	115

Chapter 3 International Activities of the JFBA　…　118

3.1	International Human Rights Activities	119
	3.1.1. Activities at the United Nations (UN) and International Conferences	119
	3.1.2. Activities Related to the UN Human Rights Bodies and the UPR	120
3.2	International Cooperation	121
	3.2.1. Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country)	121
	3.2.2. JICA Long-Term Experts Achievement	123
3.3	International Exchange Activities	125
	3.3.1. Membership of International Organization	125
	3.3.2. MOUs between the JFBA and Overseas Bar Organizations	125
	3.3.3. MOUs between Local Bar Associations and Overseas Bar Organizations	125
3.4	Overseas Visiting Fellow Program	127
	3.4.1 JFBA Overseas Visiting Fellow Program	127
	3.4.2 Past Overseas Visiting Fellows	127
3.5	Support for Career Development in International Public Service	128
	3.5.1. Implementation of Various Seminars and Events	128
	3.5.2. Support System for Career Development in International Public Service	129
	3.5.3 Implementation of Judicial Apprentice Training and Internships at the Offices of International Organizations in Japan	129
3.6	Promotion of International Practice by Attorneys	129
	3.6.1 JFBA’s Activities to Promote International Practice by Attorneys	129
	3.6.2 Attorney Referral System for Japanese SMEs going Overseas and its Partner Organization Accreditation System	130

Part 4
Comprehensive Legal Support　…　132

Chapter 1 Japan Legal Support Center (Ho-terasu) 　…　132

1.1	Scope of Operations of Ho-terasu		132
1.2	Support Operations Entrusted by the JFBA		133

White Paper on Attorneys 2018

Contents