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HOME > About the JFBA > White Paper on Attorneys > White Paper on Attorneys 2009

White Paper on Attorneys 2009

PDFFull Text(PDF:14MB)

 

Contents

Part 1
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
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
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