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HOME > About the JFBA > White Paper on Attorneys

White Paper on Attorneys

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White Paper on Attorneys 2017

PDFFull Text (PDFファイル;2.3MB)

 

Contents

Feature:

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