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HOME > About the JFBA > White Paper on Attorneys

White Paper on Attorneys

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White Paper on Attorneys 2019

PDFFull Text (PDFファイル;3.6MB)

 

Contents

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
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
1.2 Attorney Population by Age Group . 28


Chapter 2.Legal Profession Demographics…29

2.1 Number of Law School Applicants and Enrollment . 29
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
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
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
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
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
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
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
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
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
1.2 Support Operations Entrusted by the JFBA . 121