White Paper on Attorneys 2019
Feature1.
Ten Years from the Commencement of the Saiban-in System
Chapter 1. Introduction (On the 10th Anniversary of the Saiban-in System)…2
Chapter 2. Saiban-in Trial Statistics and Key Findings…3
2.1 | Changes in the Number of Newly Charged Defendants Sorted by the Offenses Charged | 3 | |
---|---|---|---|
2.2 |
Number of Defendants Whose Case Was Disposed of and Who Filed an Appeal, Sorted by the Offenses Charged, Sentence Length, and Classification of Disposition |
4 | |
2.3 | Comparison of the Distribution of Sentence Lengths | 10 | |
2.4 | Average Period Taken for Court Deliberations and Relevant Statistics | 14 | |
2.5 | Bail | 17 |
Feature2.
Growth of Legal Expenses Insurance
Chapter 1. Introduction (On the 10th Anniversary of the Saiban-in System)…20
1.1 | Legal Expenses Insurance and Legal Access Center: Significance and Role | 20 | |
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1.2 |
Over-time Changes in the Number of Legal Expenses Insurance Policies Sold and the Number of Claims Processed by the LAC |
21 | |
1.3 | Improvement in Civil Access to Justice | 21 |
Chapter 2. Initiatives Undertaken by the JFBA Toward Development of Legal Expenses Insurance System …22
2.1 | Outline | 22 | |
---|---|---|---|
2.2 | Inception of the Legal Expenses Insurance ADR | 23 |
Part1.Legal Profession Statistics
Chapter 1.Attorney Demographics…26
1.1 | The Japan Federation of Bar Associations and the Attorney Population | 26 | |
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1.2 | Attorney Population by Age Group | 28 |
Chapter 2.Legal Profession Demographics…29
2.1 | Number of Law School Applicants and Enrollment | 29 | |
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2.2 | Statistics for Successful Examinees in Bar Examination | 30 | |
2.2.1 Pass Rate of Bar Examination | 30 | ||
2.2.2 Demographics of the Preliminary Examination for the Bar Examination | 32 | ||
2.3 | Number of Apprentices Who Completed the Legal Apprenticeship Training by Career Path | 33 | |
2.4 | Change in the Number of Judges, Prosecutors, and Attorneys over Time | 35 | |
2.5 |
Gender Ratio of Law School Students, Bar Examination, Preliminary Bar Examination, and Those Who Completed the Legal Apprenticeship Training |
36 | |
2.6 | International Comparison of the Number of Lawyers, Judges, and Public Prosecutors | 39 | |
2.6.1 Number of Citizens per Attorney (International Comparison) | 39 | ||
2.6.2 Number of Citizens per Judge (International Comparison) | 40 | ||
2.6.3 Number of Citizens per Public Prosecutor (International Comparison) | 40 | ||
2.6.4 Number of Citizens per Three Legal Professions (International Comparison) | 41 | ||
2.7 | Change in Other Legal Profession Populations over Time | 44 |
Chapter 3.Mergers of Law Firms and Statistics of Legal Professional Corporations…45
3.1 | Law Firm Size | 45 | |
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3.2 | Legal Professional Corporation Statistics | 47 | |
3.2.1 Number of Legal Professional Corporations | 47 | ||
3.2.2 Size of Legal Professional Corporations | 49 |
Chapter 4.Facts about Registered Foreign Lawyers (Gaikokuho-Jimu-Bengoshi)…50
4.1 | Change in the Number of Registered Foreign Lawyers over Time | 50 | |
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4.2 | Registration of Registered Foreign Lawyers | 51 | |
4.3 | Status of Alliances in the Form of Foreign Law Joint Enterprises | 52 | |
4.4 | Incorporations of Registered Foreign Lawyer Corporations (Gaikokuho Jimu Bengoshi Hojin) | 54 | |
4.5 |
Employment Status of Attorneys Hired by Registered Foreign Lawyers or Registered Foreign Lawyer Corporations |
54 | |
4.6 | Number of Foreign Lawyers Employed by Attorneys and LPCs | 55 | |
4.6.1 By Nationality | 55 | ||
4.6.2 By Jurisdiction Where the Attorney’s License was Obtained | 55 | ||
4.7 | Global Law Firms and Their Entry into the Japanese Market | 56 |
Part 2.Activities of Attorneys
Chapter 1.Criminal Advocacy Activities…60
1.1 | Duty Attorney (Toban Bengoshi) and Court-Appointed Defense Counsel Systems for Suspects | 60 | |
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1.1.1 Outline of Duty Attorney (Toban Bengoshi) and Court-Appointed Defense Counsel System for Suspects |
60 | ||
1.1.2 Current Situation of the Duty Attorney (Toban Bengoshi) System | 61 | ||
1.1.3 Changes in the Number of Duty Attorney Requested Cases, Appointed Cases, and Criminal Suspect Defense Aid Cases |
62 | ||
1.1.4 Public Defense System Available Prior to Indictment | 62 | ||
1.1.4.1 Operation Status of Court-Appointed Defense Counsel System for Suspects | 62 | ||
1.1.4.2 Permission or Rejection for Detention Requests | 64 | ||
1.2 | The Status of Defense Attorneys’ Involvement in Overall Criminal Cases | 65 | |
1.2.1 The Status of Court-Appointed Defense Counsel Contracts and the Number of Defendants with Court-Appointed Defense Counsel |
65 | ||
1.2.2 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts |
65 | ||
1.2.3 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts |
66 | ||
1.2.4 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts |
66 | ||
1.3 | Defense Activities in Juvenile Cases | 67 | |
1.4 | The Lay Judge System | 69 | |
1.4.1 Cases Determined by Lay Judges | 69 | ||
1.4.2 Actual Practice of Lay Judge Trials | 70 | ||
1.4.2.1 The Number of Persons Who Have Been Subjected to Saiban-in (Lay Judges) Trials that Have Been Disposed of |
70 | ||
1.4.2.2 Comparison of the Average Period Taken for Court Deliberations and the Average Period of the Pretrial Conference Procedure (by confession and denial), etc. |
70 |
Chapter 2.Activities in Civil and Other Lawsuits…73
2.1 | Civil Lawsuits | 73 | |
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2.1.1 Attorneys’ Involvement in Ordinary Civil Lawsuits before District Courts | 73 | ||
2.1.2 Attorneys’ Involvement in Ordinary Civil Lawsuits before Summary Courts | 74 | ||
2.1.3Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (before High Courts) |
75 | ||
2.1.4 Labor Tribunal Cases | 76 | ||
(1) Number of Labor Tribunal Cases Newly Accepted by and Concluded at District Courts | 76 | ||
(2) Status of Appointing Agents in Labor Tribunal Proceedings at District Courts | 77 | ||
2.2 | Supporting Activities for Criminal Victims | 78 | |
2.3 | JFBA Support Activities for Affected People in Relation to the Great East Japan Earthquake | 79 | |
2.3.1 Recommendations, etc. the JFBA has Issued and Legislation and Systems Realized | 79 |
Chapter 3. Expansion of Attorneys' Activities…81
3.1 | Current Situation of In-house Attorneys | 81 | |
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3.1.1 Changes in the Number of In-house Attorneys | 81 | ||
3.1.2 Situation of Public Officers with Fixed Terms | 82 | ||
3.2 | Diet Members and Head of Local Governments Registered as Attorneys | 84 |
Part 3.Activities of the JFBA and Local Bar Associations
Chapter 1.Autonomy of Attorneys…86
1.1 | Complaints and Dispute Conciliations | 86 | |
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1.1.1 Complaints against Attorneys | 86 | ||
1.1.2 Dispute Conciliation | 87 | ||
(1) Number of Dispute Conciliation Cases Newly Received | 87 | ||
(2) Handling of Dispute Conciliation Cases (All Bar Associations) | 87 | ||
1.2 | Disciplinary System for Attorneys and its Operation | 88 | |
1.2.1 Summary of the Disciplinary System for Attorneys | 88 | ||
(1) Request for Discipline | 88 | ||
(2) Investigation by Disciplinary Enforcement Committee | 88 | ||
(3) Examination by Disciplinary Actions Committee | 88 | ||
(4) Filing of an Objection, etc. | 88 | ||
(5) Public Notice by the Official Gazette, etc. | 89 | ||
1.2.2 Statistics Regarding Disciplinary Action | 91 | ||
(1) Changes in the Number of Newly Accepted Requests for Disciplinary Action (All Bar | 91 | ||
(2) Details of the Handling the Requests for Disciplinary Action (All Bar Associations) | 92 | ||
(3) Ratio of Disciplinary Action (All Bar Associations) | 93 | ||
1.2.3. Operation of the Disciplinary System | 94 | ||
(1) Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA | 94 | ||
(2) Cases Handled by Disciplinary Actions Committees of Bar Associations and the JFBA | 95 | ||
(3) Cases Handled by the JFBA Board of Discipline Review | 96 | ||
1.2.4 The Flow and Current Situation of Disciplinary Procedure | 97 |
Chapter 2.The JFBA's Activities involving Human Rights Redress…98
2.1 | The Operation of the Human Rights Redress System | 98 | |
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2.1.1 Procedures for Human Rights Redress System | 98 | ||
2.1.2 The Number of Human Rights Redress Cases (by Category) | 100 | ||
2.2 | Current Situation Regarding Retrial Cases Supported by the JFBA | 101 | |
2.2.1 Retrial Cases Supported by the JFBA | 101 | ||
2.2.2 Achievement by the JFBA for its Support on Retrial Request Cases | 101 |
Chapter 3.International Activities of the JFBA…104
3.1 | International Human Rights Activities | 105 | |
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3.1.1 Activities at the United Nations (UN) and International Conferences | 105 | ||
3.1.2 Activities Related to the UN Human Rights Bodies and the UPR | 106 | ||
3.2 | International Cooperation | 107 | |
3.2.1 Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country) |
107 | ||
3.2.2 JICA Long-Term Experts Achievement | 109 | ||
3.3 | International Exchange Activities | 111 | |
3.3.1 Membership of International Organization | 111 | ||
3.3.2 MOUs Signed between the JFBA and Overseas Bar Organizations | 111 | ||
3.3.3 MOUs Signed between Local Bar Associations and Overseas Bar Organizations | 112 | ||
3.4 | Overseas Visiting Scholar Program | 113 | |
3.4.1 JFBA Visiting Scholar Program | 113 | ||
3.4.2 Past Visiting Scholars | 113 | ||
3.5 | Support for Career Development in International Public Service | 114 | |
3.5.1 Implementation of Various Seminars and Events | 115 | ||
3.5.2 Support System for Career Development in International Public Service | 115 | ||
3.5.3 Implementation of Judicial Apprentice Training and Internships at the Offices of International Organizations in Japan |
116 | ||
3.6 | Promotion of International Practice by Attorneys | 116 | |
3.6.1 JFBA’s Activities to Promote International Practice by Attorneys | 116 | ||
3.6.2 Attorney Referral System for Japanese SMEs going Overseas and its Partner Organization Accreditation System |
117 |
Part 4.Comprehensive Legal Support
Chapter 1. Japan Legal Support Center (Ho-terasu)…120
1.1 | Scope of Operations of Ho-terasu | 120 | |
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1.2 | Support Operations Entrusted by the JFBA | 121 |