White Paper on Attorneys 2016
Feature: International Activities of Lawyers and the Role of Bar Associations
Chapter 1 Activities relating to Public-interest, Human Rights, Achievement of the Rule of Law, etc … 4
1.1 | International Human Rights Activities |
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1.1.1 Current Situations Surrounding Japan, and Problems Faced by Japan |
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(1) Current Situations Surrounding Japan in the Field of Human Rights |
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(2) Facing Problems |
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(3) Roles expected of legal professionals and bar associations |
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1.1.2. Activities at the United Nations (UN) and International Conferences |
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1.1.3. Activities Related to the UN Human Rights Bodies and the UPR |
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1.2. International Cooperation |
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1.2.1. Current Activities of the JFBA and the Role of Attorneys |
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1.2.2. Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country) |
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1.2.3. JICA Long-Term Experts Achievement |
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Chapter 2 Activities relating to the Legal Profession and the Role of Bar Associations … 12
2.1 | International Exchange Activities |
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2.1.1. Current Situation and Issues Faced |
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2.1.2. Membership of International Organization |
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Column: Making the next leap with Asian legal professionals; the 30th LAWASIA Conference 2017 in Tokyo |
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2.1.3. MOUs between the JFBA and Overseas Bar Organizations |
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2.1.4. MOUs between Local Bar Associations and Overseas Bar Organizations |
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2.2 | Overseas Visiting Fellow Program |
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2.2.1 JFBA Overseas Visiting Fellow Program for Attorneys Engaged in Public Interest Activities |
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2.2.2 JFBA Overseas Visiting Fellow Program for Attorneys Practicing in the Field of International Business |
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2.3 | Support for Working in International Organizations |
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2.3.1 Implementation of Various Seminars and Events |
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2.3.2 Information Service Using Mailing List, etc. |
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2.3.3 Implementation of Judicial Apprentice Training and Internships at the Offices of International Organizations in Japan |
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2.3.4 Establishment of Support Organizations |
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2.4 | Support Program for Attending International Meetings |
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Chapter 3 Activities to Strengthen the Structure for Providing Legal Services Supporting Various Legal Needs in Society … 23
3.1 | Promotion of International Practice by Attorneys |
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3.1.1 JFBA’s Activities to Promote International Practice by Attorneys |
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3.1.2 Activities by Local Bar Associations to Promote International Practice by Attorneys |
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3.2 | Legal Assistance for Overseas Business Development of Small and Medium Sized Enterprises |
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3.2.1 Current Status of JFBA Activities |
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3.2.2 Lawyer Referral System for Japanese SMEs going Overseas and its Partner Organization Accreditation System |
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3.3 | Relationship between JFBA and Partner Organizations |
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Chapter 4 The Future of the JFBA's International Activities … 29
Part 1
Current Situation of Attorneys and Other Legal Professions … 30
Chapter 1 Population of Attorneys … 30
1.1 | The Japan Federation of Bar Associations and the Number of Attorneys |
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1.2 | Constitution According to Age |
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Chapter 2 The Number of Populations relating to Legal Professionals … 33
2.1 | The Status of the Number of Applicants for Law Schools and Enrollment of People |
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2.2 | The Status of Successful Bar Examination Candidates |
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2.2.1 Pass Rate of Bar Examination |
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2.2.2 Situation Surrounding the Preliminary Examination for the Bar Examination |
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2.3 | The Number of Legal Apprentices who Have Completed Legal Training per Chosen Profession |
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2.4 | The Number of Judges, Prosecutors, and Attorneys |
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2.5 | Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries |
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2.5.1 The Number of People per Lawyer (Cross-country Comparison) |
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2.5.2 The Number of People per Judge (Cross-country Comparison) |
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2.5.3 The Number of People per Public Prosecutor (Cross-country Comparison) |
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2.5.4 The Number of People per Legal Professional (Cross-country Comparison) |
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2.6 | 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 … 46
3.1 | The Number of Attorneys in Law Offices |
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3.2 | Current Situation of Legal Professional Corporations |
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3.2.1 The Number of Legal Professional Corporations |
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3.2.2 Size of Legal Professional Corporations |
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Chapter 4 Current Situation of Gaikokuho-Jimu-Bengoshi ("Registered Foreign Lawyers") … 51
4.1 | Changes in the Number of Gaikokuho-Jimu-Bengoshi |
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4.2 | Registration of Gaikokuho-Jimu-Bengoshi (Registered Foreign Lawyers) |
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4.3 | Situations regarding Alliances with Foreign Law Joint Enterprises |
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4.4 | The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations |
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4.4.1 By Nationality |
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4.4.2 By Home Jurisdiction |
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4.5 | World Law Firms and Their Entry into the Japanese Market |
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Part 2
Activities of Attorneys … 58
Chapter 1 Criminal Advocacy Activities … 58
1.1 | Duty Attorney (Toban Bengoshi) and Court-Appointed Attorney Systems for Suspects |
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1.1.1 Outline of Duty Attorney and Court-Appointed Attorney Systems for Suspects |
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1.1.2 Current Situation of the Duty Attorney (Toban Bengoshi) System |
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1.1.3 Changes in the Number of Duty Attorney Requested Cases, Appointed Cases, and Criminal Suspect Defense Aid Cases |
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1.1.4 Public Defense System Available Prior to Indictment |
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1.1.4.1 Operation Status of Court-Appointed Attorney System for Suspects |
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1.1.4.2 Permission or Rejection for Detention Requests |
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1.2 | The Status of Defense Attorneys Involvement in the Overall Criminal Cases |
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1.2.1 The Status of Court-Appointed Attorney Contracts and the Number of Defendants with Court-Appointed Attorneys |
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1.2.2 Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts |
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1.2.3 Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts |
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1.2.4 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts |
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1.3 | Defense Activities in Juvenile Cases |
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1.4 | The Lay Judge System |
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1.4.1 Cases Determined by Lay Judges |
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1.4.2 Actual Practice of Lay Judge Trials |
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1.4.2.1 The Number of Persons Who Have Been Subjected to Saiban-in (Lay Judges) Trials and Have Been Finalized |
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1.4.2.2 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 … 72
2.1 | Civil Lawsuits |
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2.1.1 Attorneys’ Involvement in Ordinary Civil Lawsuits before District Courtsurts |
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2.1.2 Attorneys’ Involvement in Ordinary Civil Lawsuits before Summary Courtsrts |
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2.1.3 Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (before High Courts) |
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2.2 | Supporting Activities for Criminal Victims |
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2.3 | JFBA Support Activities for Affected People in Relation to the Great East Japan Earthquake |
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2.3.1 Recommendations, etc. the JFBA has Issued and Legislation and Systems Realized |
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Chapter 3 Expansion of Attorneys’ Activities … 78
3.1 | Current Situation of In-house Attorneys |
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3.1.1 Changes in the Number of In-house Attorneys |
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3.1.2 Situation of Public Officers with Fixed Terms |
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3.2 | Actual Situation of Attorneys - From the Survey Conducted in 2015 |
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3.3 | Diet Members and Head of Local Governments Registered as Attorneys |
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Part 3
Activities of the JFBA and Local Bar Associations … 82
Chapter 1 Autonomy of Attorneys … 82
1.1 | Complaints and Dispute Conciliations |
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1.1.1 Complaints against Attorneys |
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1.1.2 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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1.2 | Disciplinary System for Attorneys and its Operation |
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1.2.1 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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1.2.2 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) Details of Handling the Requests for Disciplinary Actions (All Bar Associations) |
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(3) Ratio of Disciplinary Actions (All Bar Associations) |
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1.2.3 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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(2) Cases Handled by Disciplinary Actions Committees of Bar Associations and the JFBA |
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(3) Cases Handled by the JFBA Board of Discipline Review |
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1.2.4 The Flow and Current Situation of Disciplinary Procedure |
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Chapter 2 The JFBA's Activities involving Human Rights Redress … 94
2.1 | The Operation of the Human Rights Redress System |
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2.1.1 Procedures for Human Rights Redress System |
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2.2 | Current Situation Regarding the Retrial Cases Supported by the JFBA |
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2.2.1 Retrial Cases Supported by the JFBA |
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2.2.2 Achievement by the JFBA for its Support on Retrial Request Cases |
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Part 4
Comprehensive Legal Support … 100
Chapter 1 Japan Legal Support Center (Ho-terasu) … 100
1.1 | Scope of Operations of Ho-terasu |
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1.2 | Support Operations Entrusted by the JFBA |
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