HOME > About the JFBA > White Paper on Attorneys > White Paper on Attorneys 2011

White Paper on Attorneys 2011

Full Text(PDF:1,2MB)

Feature 1
History and Future Development of Training System for Attorneys

Chapter 1　Overviews of Training System for Attorneys　…　1

1.	Training Conducted by the JFBA	1
2.	Training Conducted by Bar Associations and Federations of Bar Associations	1
3.	Other Forms of Training	1

Chapter 2　Training Programs Conducted by the JFBA　…　2

Ⅰ.	Special Training	2
Ⅱ.	Summer Training	2
Ⅲ.	E-learning Training	2

Chapter 3　Ethical Training for Attorneys　…　4

Chapter 4　Training for Newly-Registered Attorney　…　5

Chapter 5　Training for the Granting of Qualifications to Qualified Persons to Become Attorneys　…　6

Feature 2
JFBA Activities in regard to the Great East Japan Earthquake -Reflecting Back on the Period Shortly After the Earthquake-

Chapter 1　Legal Consultation Services　…　8

1.	Legal Aid Services Conducted at Affected Areas	8
2.	Legal Aid Services Conducted for Disaster Victims by Toll-Free Telephone Hotline	8
3.	Statistical Results of Legal Counseling Services	9

Chapter 2　Accomplishments Brought About by the JFBA Activities (in support of disaster victims)　…　11

Part 1
Current Situation of Attorneys and Other Legal Professions

Chapter 1　Population of Attorneys　…　13

Ⅰ.	Changes in the Number of Attorneys －1950 to 2011－	13
Ⅱ.	Constitution According to Age	14
Ⅲ.	The Number of People per Attorney	15
Ⅳ.	The Number of Civil and Family Cases per Attorney	16
Ⅴ.	Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries	17
	1.　The Number of People per Lawyer (Cross-country Comparison)	17
	2.　The Number of People per Judge (Cross-country Comparison)	18
	3.　The Number of People per Public Prosecutor (Cross-country Comparison)	19
	4.　The Number of People per Legal Professional (Cross-country Comparison)	20

Chapter 2　Current Situation of Gaikokuho-jimu-bengoshi ("Registered Foreign Lawyers")　…　23

Ⅰ.	Changes in the Number of Gaikokuho-jimu-bengoshi(1988-2011)	23
Ⅱ.	Registration of Gaikokuho Jimu Bengoshi (Registered Foreign Lawyers)	24
Ⅲ.	Foreign Law Joint Enterprises	25
Ⅳ.	The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations	27
	1.　By Nationality	27
	2.　By Home Jurisdiction	28
Ⅴ.	World Law Firms and Their Entry into the Japanese Market	29

Chapter 3　Mergers of Law Offices and the Current Situation of Legal Professional Corporations　…　30

Ⅰ.	The Number of Attorneys in Law Offices	30
Ⅱ.	Current Situation of Legal Professional Corporations	32
	1.　Number of LPCs	32
	2.　Size of Legal Professional Corporations	33

Chapter 4　Populations of Other Legal Professions　…　34

Ⅰ.	Changes in Populations of Other Legal Professions		34

Part 2
Activities of Attorneys

Chapter 1　Criminal Advocacy Activities　…　35

Section 1 Activities of Court-Appointed Attorneys		35
Ⅰ.	Court-Appointed Attorney System, Court-Appointed Attorney Contracts, and the Number of Defendants with Court-Appointed Attorneys	35
Ⅱ.	Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts	36
Ⅲ.	Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts	37
Ⅳ.	Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts	38
Ⅴ.	Changes in the Number of Defendants Retaining Court-Appointed Defense Counsel (before Indictment)	39
Section 2.　Activities of Duty Attorneys (Toban Bengoshi)		40
Ⅰ.	Duty Attorney System	40
Ⅱ.	Changes in the Number of Duty Attorney Accepted Cases, Appointed Cases, and Criminal Suspect Defense Aid Cases	41
Section 3.　Defense Activities in Juvenile Cases		42
1.	Activities to Realize a Full Public Attendant System	42
(1)	Court-Appointed Attorneys System	42
Ⅰ.	Changes in the Number of Juvenile Probation Cases (at Family Courts) and the Presence of Attendants	42
Ⅱ.	Changes in the Number of Juvenile Probation Cases (at Family Courts) involving Appointed Attendants	43
Section 4.　 Challenges and Future Development of the Lay Judge System		44
Ⅰ.	Cases determined by Lay Judges	44
Ⅱ.	Actual Practice by Lay Judge Trials	46
	1.　The Number of Persons whose Trials have been Tried by Judges Including Lay Judges and that have been Finalized	46

Chapter 2　Representation in Civil and Other Lawsuits　…　48

Section 1 Civil and Commercial Lawsuits		48
Ⅰ.	Attorneys' Involvement in Ordinary Civil Lawsuits before District Courts	48
Ⅱ.	Changes in the Percentage of Appointed Attorneys in Ordinary Second Instances (before High Courts)	49
Ⅲ.	Percentage of Attorneys' Involvement in Ordinary Civil Lawsuits before Summary Courts	50

Chapter 3　Expansion of Attorneys' Activities　…　51

Ⅰ.	Current Situation of In-house Attorneys	51
	1.　Changes in the Number of In-house Attorneys	51
	2.　Public Officers with Fixed Terms	52
	3.　Diet Member and Head of Local Governments Registered as Attorney	52
Ⅱ.	Appointment of Attorneys as Judges and Public Prosecutors	53
	1.　Attorneys as Full-Time Judges	53
	2.　Attorneys as Part-Time Judges	53

Part 3
Activities of the JFBA and Local Bar Associations

Chapter 1　The JFBA's Activities involving Human Rights Relief　…　54

Ⅰ.	Appeal System Procedures for Human Rights Relief		54
Ⅱ.	The Number of Human Rights Relief Cases (by Category)		56

Chapter 2　International Activities of the JFBA　…　57

Section 1 International Human Rights Activities		58
Ⅰ.	Activities at the United Nations (UN)	58
Ⅱ.	Activities Related to the UN and UN Human Rights Bodies	58
Section 2 International Exchange Activities		59
Ⅰ.	Membership of International Organizations	59
Ⅱ.	MOUs with Overseas Bar Organizations	59
Section 3.　International Cooperation		60
Ⅰ.	JICA Long-Term Experts	60
Ⅱ.	Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country)	62
Section 4.　Overseas Visiting Fellow Program and Support for Working in International Organizations		64
Ⅰ.	JFBA Overseas Visiting Fellow Program	64
Ⅱ.	Support for JFBA Members Interested in Working in International Organizations	66
Ⅲ.	Other Support	66

Chapter 3　Autonomy of Attorneys　…　67

Section 1 Complaints and Dispute Conciliations		67
Ⅰ.	Complaints against Attorneys	67
Ⅱ.	Dispute Conciliation	68
	1.　Number of Dispute Conciliation Cases Newly Received	68
	2.　Handling of Dispute Conciliation Cases (All Bar Associations) – 2000 to 2010 –	69
Section 2 Disciplinary System for Attorneys		70
Ⅰ.	Summary of the Disciplinary System for Attorneys	70
	1.　Request for Discipline	70
	2.　Investigation by Disciplinary Enforcement Committee	70
	3.　Examination by Disciplinary Actions Committee	70
	4.　Filing of an Objection, etc.	71
	5.　Public Notice by the Official Gazette, etc.	71
Ⅱ.	Operation of the Disciplinary System	72
	1.　Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA	72
	(1)　Bar Associations	72
	(2)　JFBA	72
	2.　Processing Cases at Disciplinary Actions Committees of Bar Associations and the JFBA	73
	(1)　Bar Associations	73
	(2)　JFBA	73
	(i)　Objections	73
	(ii)　Appeals	73
	3.　Processing Cases at the JFBA Board of Discipline Review	74
Section 3.　Disciplinary Actions and Disciplinary Procedure		75
Ⅰ.	Statistics Regarding Disciplinary Actions	75
	1.　Changes in the Number of Newly Accepted Requests for Disciplinary Actions (All Bar Associations) – 1994 to 2010 –	75
	2.　Number of Requests for Disciplinary Action and Details of Handling the Requests (All Bar Associations)	76
	3.　Percentage of Disciplinary Actions (All Bar Associations)	77
	(1)　Percentage of Cases with Disciplinary Actions out of All Requests for Disciplinary Actions	77
	(2)　Change in Percentage of Members with Disciplinary Actions	77
Ⅱ.	The Flow and Current Situation of Disciplinary Procedure	78
	1.　The Disciplinary System	78

White Paper on Attorneys 2011

Contents