White Paper on Attorneys 2009
Part 1
Current Situation of Attorneys and Other Legal Professions
Current Situation of Attorneys and Other Legal Professions
Chapter 1 Current Situation of Attorneys
| I. | Population of Attorneys |
|
1 |
|---|---|---|---|
| 1. Changes in the Number of Attorneys -1950 to 2009- |
|
1 | |
| 2. Regional Distribution of Attorneys (Comparison in Population) |
|
2 | |
| 3. The Number of Civil and Family Cases per Attorney |
|
3 |
Chapter 2 Populations of Legal Professionals in Foreign Countries
| I. | Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries |
|
4 |
|---|---|---|---|
| 1. The Number of People per Lawyer (Cross-country Comparison) |
|
4 | |
| 2. The Number of People per Judge (Cross-country Comparison) |
|
5 | |
| 3. The Number of People per Public Prosecutor (Cross-country Comparison) |
|
6 | |
| 4. The Number of People per Legal Professional (Cross-country Comparison) |
|
7 |
Chapter 3 Current Situation of Gaikokuho-jimu-bengoshi ("Registered Foreign Lawyers")
| Ⅰ. | Changes in the Number of Gaikokuho-jimu-bengoshi 1988-2009 |
|
10 |
|---|---|---|---|
| Ⅱ. | Registration of Gaikokuho Jimu Bengoshi (Registered Foreign Lawyers) |
|
11 |
| Ⅲ. | Foreign Law Joint Enterprises |
|
12 |
| Ⅳ. | The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations |
|
13 |
| 1. By Nationality |
|
13 | |
| 2. By Home Jurisdiction |
|
14 | |
| Ⅴ. | World Law Firms and Their Entry into the Japanese Market |
|
15 |
Chapter 4 Mergers of Law Offices and the Current Situation of Legal Professional Corporations
| Ⅰ. | The Number of Attorneys in Law Offices |
|
16 |
|---|---|---|---|
| Ⅱ. | Current Situation of Legal Professional Corporations |
|
18 |
| 1. Number of LPCs |
|
18 | |
| 2. Size of Legal Professional Corporations |
|
19 |
Chapter 5 Populations of Other Legal Professions
| Ⅰ. | Changes in Populations of Other Legal Professions |
|
20 |
|---|
Part 2
Activities of Attorneys
Activities of Attorneys
Chapter 1 Criminal Advocacy Activities
| Section 1 Activities of Court-Appointed Attorneys |
|
21 | |
|---|---|---|---|
| Ⅰ. | Court-Appointed Attorney System, Court-Appointed Attorney Contracts, and the Number of Defendants with Court-Appointed Attorneys |
|
21 |
| Ⅱ. | Changes in the Percentage of Retaining Criminal Defense Counsel (after Prosecution) (Court-Appointed and Privately Retained) at District Courts |
|
22 |
| Ⅲ. | Changes in the Percentage of Retaining Criminal Defense Counsel (after Prosecution) (Court-Appointed and Privately Retained) at Summary Courts |
|
23 |
| Section 2. Activities of Duty Attorneys (Toban Bengoshi) |
|
24 | |
| Ⅰ. | Duty Attorney System |
|
24 |
| Ⅱ. | Changes in the Number of Duty Attorney Accepted Cases, Appointed Cases, and Criminal Suspect Defense Aid |
|
25 |
| Section 3. Defense Activities in Juvenile Cases |
|
26 | |
| Ⅰ. | Changes in the Number of Juvenile Probation Cases (at Family Courts) and the Presence of Attendants |
|
26 |
Chapter 2 Representation in Civil and Other Lawsuits
| Section 1 Civil and Commercial Lawsuits |
|
27 | |
|---|---|---|---|
| Ⅰ. | Attorneys' Involvement in Ordinary Civil Lawsuits before District Courts |
|
27 |
| Ⅱ. | Changes in the Percentage of Appointed Attorneys in Ordinary Second Instances (before High Courts) |
|
28 |
| Ⅲ. | Percentage of Attorneys' Involvement in Ordinary Civil Lawsuits before Summary Courts |
|
29 |
Part 3
Activities of the JFBA and Local Bar Associations
Activities of the JFBA and Local Bar Associations
Chapter 1 The JFBA's Activities involving Human Rights Relief
| Ⅰ. | Appeal System Procedures for Human Rights Relief |
|
30 |
|---|---|---|---|
| Ⅱ. | The Number of Human Rights Relief Cases (by Category) |
|
31 |
Chapter 2 International Activities of the JFBA
| Section 1 International Activities and International Human Rights |
|
32 | |
|---|---|---|---|
| Ⅰ. | International Human Rights Activities |
|
32 |
| 1. Activities at the United Nations (UN) |
|
32 | |
| 2. Training on International Human Rights Law and Humanitarian Law for Attorneys in Other Countries |
|
32 | |
| Ⅱ. | International Exchange Activities |
|
33 |
| 1. Membership of International Organizations |
|
33 | |
| 2. MOUs with Overseas Bar Organizations |
|
33 | |
| Ⅲ. | International Cooperation |
|
33 |
| Ⅳ. | Provision of Information Inside and Outside of Japan |
|
33 |
| Ⅴ. | Overseas Visiting Fellow Program and Support for Working in International Organizations |
|
34 |
| 1. Overseas Visiting Fellow Program for JFBA Members |
|
34 | |
| 2. Support for JFBA Members Interested in Working in International Organizations |
|
34 | |
| 3. Other Support |
|
34 | |
| Section 2. International Exchange Activities of the JFBA |
|
36 | |
| MOUs with Overseas Bar Organizations |
|
36 | |
| Section 3. International Human Rights Activities of the JFBA |
|
37 | |
| 1. Reports to UN Human Rights Bodies |
|
37 | |
| 2. Activities related to the Universal Periodic Review (UPR) |
|
37 | |
| Section 4. International Cooperation of the JFBA |
|
38 | |
| 1. JICA Long-Term Experts |
|
38 | |
| 2. Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country) |
|
39 | |
| Section 5. JFBA Overseas Visiting Fellow Program |
|
40 | |
| 1. JFBA Overseas Visiting Fellow Program |
|
40 | |
| 2. Past Overseas Visiting Fellows |
|
40 | |
Chapter 3 Autonomy of Attorneys
| Section 1 Complaints and Dispute Conciliations |
|
42 | |
|---|---|---|---|
| Ⅰ. | Complaints against Attorneys |
|
43 |
| Ⅱ. | Dispute Conciliation |
|
43 |
| 1. Number of Dispute Conciliation Cases Newly Received |
|
43 | |
| 2. Handling of Dispute Conciliation Cases (All Local Bar Associations) – 1999 to 2008 – |
|
43 | |
| Section 2 Disciplinary System for Attorneys |
|
44 | |
| Ⅰ. | Summary of the Disciplinary System for Attorneys |
|
44 |
| 1. Request for Discipline |
|
44 | |
| 2. Investigation by Disciplinary Enforcement Committee |
|
44 | |
| 3. Examination by Disciplinary Actions Committee |
|
44 | |
| 4. Filing of an Objection, etc. |
|
44 | |
| 5. Public Notice by the Official Gazette, etc. |
|
44 | |
| Ⅱ. | Operation of the Disciplinary System |
|
45 |
| 1. Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA |
|
45 | |
| (1) Bar Associations |
|
45 | |
| (2) JFBA |
|
45 | |
| 2. Processing Cases at Disciplinary Actions Committees of Bar Associations and the JFBA |
|
46 | |
| (1) Bar Associations |
|
46 | |
| (2) JFBA |
|
46 | |
| (i) Objections |
|
46 | |
| (ii) Appeals |
|
46 | |
| 3. Processing Cases at the JFBA Board of Discipline Review |
|
47 | |
| Section 3. Disciplinary Actions and Disciplinary Procedure |
|
48 | |
| Ⅰ. | Statistics Regarding Disciplinary Actions |
|
48 |
| 1. Changes in the Number of Newly Accepted Requests for Disciplinary Actions (All Bar Associations) – 1992 to 2008 – |
|
48 | |
| 2. Number of Requests for Disciplinary Action and Details of Handling the Requests (All Bar Associations) |
|
49 | |
| 3. Percentage of Disciplinary Actions (All Bar Associations) |
|
50 | |
| (1) Percentage of Cases with Disciplinary Actions out of All Requests for Disciplinary Actions |
|
50 | |
| (2) Change in Percentage of Members with Disciplinary Actions |
|
50 | |
| Ⅱ. | The Flow and Current Situation of Disciplinary Procedure |
|
51 |
| 1. The Disciplinary System |
|
51 | |
