White Paper on Attorneys 2014
Feature 1
Attorneys and Protection of the Rights of the Child
Attorneys and Protection of the Rights of the Child
Chapter 1 Increasing Attorneys’ Roles … 1
I. | The Children’s Representative System |
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1. Outline of the Children’s Representative System |
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2. Attorneys as Children’s Representatives |
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(1) The Necessity and Roles of Children’s Representatives |
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Chapter 2 Defense Activities in Juvenile Cases … 2
I. | Changes in the Number of Juvenile Probation Cases (at Family Courts) and the Proportion of Cases in which Attendants are Present |
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Feature 2
Disaster Reconstruction and the Role of Attorneys
Disaster Reconstruction and the Role of Attorneys
Chapter 1 Footsteps of the JFBA and other Japanese Bar Associations in Assisting in Disaster Recovery … 4
I. | Process of the JFBA’s Disaster Recovery Support Activities |
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1. The Eruption of Mt. Unzen-Fugen |
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2. The Great Hanshin-Awaji Earthquake |
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3. The Niigata Prefecture Chuetsu Earthquake and Chuetsu-Oki Earthquake |
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4. The Great East Japan Earthquake |
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Chapter 2 JFBA Activities for the Great East Japan Earthquake and the Fukushima No. 1 Nuclear Power Plant Accident … 7
I. | Report on JFBA Support Activities |
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1. Main Activities in relation to Support for Affected People |
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(i) Legal Consultations |
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(ii) Legislative Proposal Activities |
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(iii) Activities for Relief for Victims of the Nuclear Power Plant Accident |
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(iv) Regarding the Reconstruction of Victims’ Lives |
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Part 1
Current Situation of Attorneys and Other Legal Professions
Current Situation of Attorneys and Other Legal Professions
Chapter 1 Population of Attorneys … 11
I. | The Japan Federation of Bar Associations and the Number of Attorneys |
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II. | Constitution According to Age |
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Chapter 2 The Number of Populations relating to Legal Professionals … 14
I. | The Status of the Number of Applicants for Law Schools and Enrollment of People |
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II. | The Status of Successful Bar Examination Candidates |
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1. Pass Rate of New Bar Examination |
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III. | The Number of Legal Apprentices who Have Completed Legal Training per Chosen Profession |
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IV. | Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries |
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1. The Number of People per Lawyer (Cross-country Comparison) |
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2. The Number of People per Judge (Cross-country Comparison) |
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3. The Number of People per Public Prosecutor (Cross-country Comparison) |
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4. The Number of People per Legal Professional (Cross-country Comparison) |
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V. | Changes in Populations of Other Legal Professions |
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Chapter 3 Mergers of Law Offices and the Current Situation of Legal Professional Corporations … 26
I. | The Number of Attorneys in Law Offices |
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II. | Current Situation of Legal Professional Corporations |
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1.The Number of LPCs |
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2.Size of Legal Professional Corporations |
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Chapter 4 Current Situation of Gaikokuho-Jimu-Bengoshi ("Registered Foreign Lawyers") … 30
I. | Changes in the Number of Gaikokuho-Jimu-Bengoshi |
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II. | Registration of Gaikokuho-Jimu-Bengoshi (Registered Foreign Lawyers) |
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III. | Situations regarding Alliances with Foreign Law Joint Enterprises |
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IV. | The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations |
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1.By Nationality |
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2.By Home Jurisdiction |
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V. | World Law Firms and Their Entry into the Japanese Market |
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Part 2
Activities of Attorneys
Activities of Attorneys
Chapter 1 Criminal Advocacy Activities … 37
Section 1 Duty Attorney and Court-Appointed Attorney Systems |
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I. | Outline of Duty Attorney and Court-Appointed Attorney Systems |
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II. | Current Situations of Duty Attorneys (Toban Bengoshi) |
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III. | Changes in the Number of Duty Attorney Requested Cases, Appointed Cass and Criminal Suspect Defense Aid Cases |
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Section 2 The Status of Defense Attorneys Involvement in the Overall Criminal Cases |
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I. | The Status of Court-Appointed Attorney Contracts and the Number of Defendants with Court-Appointed Attorneys |
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II. | Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts |
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III. | Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts |
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IV. | Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts |
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Section 3 The Lay Judge System |
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I. | Cases Determined by Lay Judges |
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II. | Actual Practice of Lay Judge Trials |
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1. The Number of Persons Who Have Been Subjected to Saiban-in (Lay Judges) Trials and Have Been Finalized |
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2. Comparison of the Average Period Taken for Court Deliberations and the Average Period of the Pretrial Conference Procedure (by confession and denial), etc. |
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Chapter 2 Activities in Civil and Other Lawsuits … 49
Section 1 Civil Lawsuits |
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I. | Attorneys’ Involvement in Ordinary Civil Lawsuits before District Courts |
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II. | Attorneys’ Involvement in Ordinary Civil Lawsuits before Summary Courts |
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III. | Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (before High Courts) |
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Chapter 3 Expansion of Attorneys’ Activities |
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I. | Current Situation of In-house Attorneys |
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1. Changes in the Number of In-house Attorneys |
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2. Public Officers with Fixed Terms |
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II. | Diet Members and Head of Local Governments Registered as Attorneys |
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Part 3
Activities of the JFBA and Local Bar Associations
Activities of the JFBA and Local Bar Associations
Chapter 1 Autonomy of Attorneys … 56
Section 1 Complaints and Dispute Conciliations |
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I. | Complaints against Attorneys |
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II. | Dispute Conciliation |
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1. Number of Dispute Conciliation Cases Newly Received |
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2. Handling of Dispute Conciliation Cases (All Bar Associations) |
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Section 2 Disciplinary System for Attorneys and its Operation |
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I. | Summary of the Disciplinary System for Attorneys |
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1. Request for Discipline |
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2. Investigation by Disciplinary Enforcement Committee |
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3. Examination by Disciplinary Actions Committee |
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4. Filing of an Objection, etc. |
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5. Public Notice by the Official Gazette, etc. |
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II. | Statistics Regarding Disciplinary Actions |
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1. Changes in the Number of Newly Accepted Requests for Disciplinary Actions (All Bar Associations) |
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2. Number of Requests for Disciplinary Action and Details of Handling the Requests (All Bar Associations) |
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3. Percentage of Disciplinary Actions (All Bar Associations) |
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(1) Percentages of Cases with Disciplinary Actions out of All Requests for Disciplinary Actions |
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(2) Changes in Percentage of Members with Disciplinary Actions |
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III. | Operation of the Disciplinary System |
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1. Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA |
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(1) Bar Associations |
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(2) JFBA |
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2. Processing Cases at Disciplinary Actions Committees of Bar Associations and the JFBA |
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(1) Bar Associations |
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(2) JFBA |
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i. Objections |
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ii. Appeals |
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3. Processing Cases at the JFBA Board of Discipline Review |
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IV. | The Flow and Current Situation of Disciplinary Procedure |
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Chapter 2 The JFBA's Activities involving Human Rights Redress … 68
Section 1 The Operation of the Human Rights Redress System |
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I. | Procedures for Human Rights Redress System |
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II. | The Number of Human Rights Redress Cases (by Category) |
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Section 2 Current Situations regarding the Retrial Request Cases Supported by the JFBA |
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I. | Current Retrial Request Cases Supported by the JFBA |
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II. | Achievement by the JFBA for its Support on Retrial Request Cases |
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Chapter 3 International Activities of the JFBA … 73
Section 1 International Human Rights Activities |
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I. | Activities at the United Nations (UN) |
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II. | Activities Related to the UN and UN Human Rights Bodies |
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Section 2 International Exchange Activities |
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I. | Membership of International Organizations |
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II. | MOUs with Overseas Bar Organizations |
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Section 3 International Cooperation |
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I. | JICA Long-Term Experts Achievement |
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II. | Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country) |
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Section 4 Overseas Visiting Fellow Program and Support for Working in International Organizations |
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I. | JFBA Overseas Visiting Fellow Program |
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II. | Past Overseas Visiting Fellows |
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Section 5 Support for Working in International Organizations |
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I. | Support for JFBA Members Interested in Working in International Organizations |
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II. | Other Support |
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Part 4
Comprehensive Legal Support and Judiciary-Related Budget
Comprehensive Legal Support and Judiciary-Related Budget
Chapter 1 Japan Legal Support Center (Ho-terasu) … 84
Section 1 Outline of the Japan Legal Support Center (Ho-terasu) |
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I. | Ho-terasu |
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II. | Scope of Operations of Ho-terasu) |
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III. | Entrusted Support Operations |
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1. Support Operations Entrusted by the JFBA |
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