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HOME > About the JFBA > White Paper on Attorneys

White Paper on Attorneys

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White Paper on Attorneys 2018

PDFFull Text (PDFファイル;4.71MB)

 

Contents

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