White Paper on Attorneys 2018
Feature:
1 Progress Toward Gender Equality in Bar Associations
-Achievements and Challenges in Gender Equality by the JFBA over the Past Decade ... 2
Chapter 1 History of JFBA’s Activities on Gender Equality… 2
Chapter 2 JFBA Third Basic Plan for Promoting Gender Equality … 7
| 2.1 | Establishment and Development of a Framework for Promoting Gender Equality |
|
7 |
|---|---|---|---|
| (1) Situation Regarding Establishment of Gender Equality Promotion Committees in Local Bar Associations |
|
7 | |
| (2) Situation Regarding Formulation of Basic Plan for Promoting Gender Equality in Each Local Bar Association |
|
8 | |
| (3) Reasons for Not Formulating a Basic Plan for Promoting Gender Equality |
|
9 | |
| (4) Calling of Liaison Meeting for Committee Members in Charge of Promoting Gender Equality |
|
9 | |
| 2.2 | Training and Educational Activities |
|
10 |
| (1) Implementation Status Regarding Training for Prevention of Sexual Harassment |
|
10 | |
| (2) Implementation Status Regarding National Campaign for Gender Equality Promotion |
|
10 | |
| 2.3 | Increase in the Percentage of Female Attorneys |
|
12 |
| (1) Changes in the Number of Attorneys by Gender |
|
12 | |
| (2) The Number of Attorneys by Gender per Term of Legal Apprentice Training, and Percentage of Females |
|
13 | |
| (3) The Percentage of Females Among Law School Students, Examinees and Successful Examinees of the New Bar Examination |
|
13 | |
| (4) The Number and Percentage by Gender in Preliminary Bar Examination |
|
15 | |
| (5) The Number and Percentage of Females per Chosen Profession after Completion of Legal Training |
|
16 | |
| (6) Changes in the Percentage of Females in the Judicial Field |
|
16 | |
| 2.4 | Elimination of Uneven Distribution of Female Attorneys |
|
17 |
| (1) Number of Attorneys and Increasing Rate in the Past Decade by Local Bar Association |
|
17 | |
| (2) District Court Branch with Zero Female Attorneys |
|
17 | |
| (3) Number of Attorneys who are Directors of Himawari Law Offices by Gender |
|
20 | |
| (4) Number of Staff Attorneys of the Japan Legal Support Center |
|
20 | |
| 2.5 | Increase in Percentage of Female Attorneys Involved in Policy and Decision making Processes |
|
21 |
| (1) Number and Percentage of Female Attorneys Appointed as JFBA’s Executives, Secretary General and Deputy Secretary General |
|
21 | |
| (2) Number of Committee Members by Gender |
|
23 | |
| (3) Appointment of Female Attorneys as Executives of Local Bar Associations |
|
27 | |
| 2.6 | Narrowing the Gender Gap in RevenAue, Income, and Work |
|
28 |
| 2.7 | Prevention of Sexist Behavior and Discriminatory Treatment |
|
28 |
| (1) Enactment of Regulations for the Prevention of Sexual Harassment |
|
29 | |
| 2.8 | Support for Achieving Work-life Balance |
|
29 |
| (1) Status of Using the System for Exemption from Paying Membership Fees, etc. while Raising Children |
|
29 | |
| (2) Regulations on Exemption from Paying Membership Fees, etc. while Raising Children |
|
30 | |
| (3) Utilization of Babysitting Charge Subsidy Service |
|
30 | |
| (4) Provision of Childcare Services by Local Bar Associations while Members are Engaged in the Association’s Work, Attending Training Courses, etc. |
|
30 | |
| 2.9 | Taking Initiative in Solving Gender Issues in the Judiciary (Activities Based on the Resolutions Made at the 53rd JFBA General Meeting) |
|
31 |
| (1) Changes in the Percentage of Female Supreme Court Justices |
|
31 | |
| (2) Percentage of Female Attorneys in Foreign Countries |
|
32 |
Chapter 3 The Next Ten Years … 34
Feature:
2 Recent Situation Facing Attorneys - Results from Attorneys’ Census ... 36
| 1 | Employment Status of Attorneys |
|
36 |
|---|---|---|---|
| 2 | Scale of Workplace |
|
38 |
| 3 | Attorneys’ Working Hours |
|
38 |
| 4 | Breakdown of Working Hours |
|
39 |
| 5 | Activities Involving Bar Associations |
|
40 |
| 6 | Revenue and Income of Attorneys |
|
41 |
| 7 | Trends in Revenue and Income |
|
42 |
| 8 | Assignment to Posts Other than Attorney’s Activitiesal Meeting) |
|
43 |
Part 1
Current Situation of Attorneys and Other Legal Professions … 46
Chapter 1 Population of Attorneys … 46
| 1.1 | The Japan Federation of Bar Associations and the Number of Attorneys |
|
46 |
|---|---|---|---|
| 1.2 | Constitution According to Age |
|
48 |
Chapter 2 The Number of Populations relating to Legal Professionals … 49
| 2.1 | The Japan Federation of Bar Associations and the Number of Attorneys |
|
49 |
|---|---|---|---|
| 2.2 | Constitution According to Age |
|
50 |
| 2.2.1 Pass Rate of Bar Examination |
|
50 | |
| 2.2.2 Situation Surrounding the Preliminary Examination for the Bar Examination |
|
52 | |
| 2.3 | The Number of Legal Apprentices who Have Completed Legal Training per Chosen Profession |
|
53 |
| 2.4 | The Number of Judges, Prosecutors, and Attorneys |
|
55 |
| 2.5 | Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries |
|
56 |
| 2.5.1 The Number of People per Lawyer (Cross-national Comparison) |
|
56 | |
| 2.5.2 The Number of People per Judge (Cross-national Comparison) |
|
56 | |
| 2.5.3 The Number of People per Public Prosecutor (Cross-national Comparison) |
|
57 | |
| 2.5.4 The Number of People per Legal Professional (Cross-national Comparison) |
|
57 | |
| 2.6 | Changes in Populations of Other Legal Professions |
|
60 |
Chapter 3 Mergers of Law Offices and the Current Situation of Legal Professional Corporations … 61
| 3.1 | The Number of Attorneys in Law Offices |
|
61 |
|---|---|---|---|
| 3.2 | Current Situation of Legal Professional Corporations |
|
63 |
| 3.2.1 The Number of Legal Professional Corporations |
|
63 | |
| 3.2.2 Size of Legal Professional Corporations |
|
65 |
Chapter 4 Current Situation of Gaikokuho-Jimu-Bengoshi (“Registered Foreign Lawyers”) … 66
| 4.1 | Changes in the Number of Gaikokuho-Jimu-Bengoshi |
|
66 |
|---|---|---|---|
| 4.2 | Registration of Gaikokuho-Jimu-Bengoshi (Registered Foreign Lawyers) |
|
67 |
| 4.3 | Situation regarding Alliances with Foreign Law Joint Enterprises |
|
68 |
| 4.4 | Situation regarding Registered Foreign Lawyer Corporations (Gaikokuho-Jimu-Bengoshi-Hojin) |
|
70 |
| 4.5 | Situation Regarding Employment of Attorneys by Gaikokuho-Jimu-Bengoshi and the like |
|
70 |
| 4.6 | The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations |
|
71 |
| 4.6.1 By Nationality |
|
71 | |
| 4.6.2 By Home Jurisdiction |
|
71 | |
| 4.7 | World Law Firms and Their Entry into the Japanese Market |
|
72 |
Part 2
Activities of Attorneys … 74
Chapter 1 Criminal Advocacy Activities … 74
| 1.1 | Duty Attorney (Toban Bengoshi) and Court-Appointed Attorney Systems for Suspects |
|
74 |
|---|---|---|---|
| 1.1.1 Outline of Duty Attorney (Toban Bengoshi) and Court-Appointed Attorney System for Suspects |
|
74 | |
| 1.1.2 Current Situation of the Duty Attorney (Toban Bengoshi) System |
|
75 | |
| 1.1.3 Changes in the Number of Duty Attorney Requested Cases, Appointed Cases, and Criminal Suspect Defense Aid Cases |
|
76 | |
| 1.1.4 Public Defense System Available Prior to Indictment |
|
76 | |
| 1.2 | The Status of Defense Attorneys Involvement in the Overall Criminal Cases |
|
79 |
| 1.2.1 The Status of Court-Appointed Attorney Contracts and the Number of Defendants with Court-Appointed Attorneys |
|
79 | |
| 1.2.2 Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts |
|
79 | |
| 1.2.3 Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts |
|
80 | |
| 1.2.4 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts |
|
80 | |
| 1.3 | Defense Activities in Juvenile Cases |
|
81 |
| 1.4 | The Lay Judge System |
|
83 |
| 1.4.1 Cases Determined by Lay Judges |
|
83 | |
| 1.4.2 Actual Practice of Lay Judge Trials |
|
84 |
Chapter 2 Activities in Civil and Other Lawsuits … 87
| 2.1 | Civil Lawsuits |
|
87 |
|---|---|---|---|
| 2.1.1 Attorneys’ Involvement in Ordinary Civil Lawsuits before District Courts |
|
87 | |
| 2.1.2 Attorneys’ Involvement in Ordinary Civil Lawsuits before Summary Courts |
|
88 | |
| 2.1.3 Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (before High Courts) |
|
89 | |
| 2.1.4 Labor Tribunal Cases |
|
90 | |
| 2.2 | Supporting Activities for Criminal Victims |
|
92 |
| 2.3 | JFBA Support Activities for Affected People in Relation to the Great East Japan Earthquake |
|
93 |
| 2.3.1 Recommendations, etc. the JFBA has Issued and Legislation and Systems Realized |
|
93 |
Chapter 3 Expansion of Attorneys' Activities … 95
| 3.1 | Current Situation of In-house Attorneys |
|
95 |
|---|---|---|---|
| 3.1.1 Changes in the Number of In-house Attorneys |
|
95 | |
| 3.1.2 Situation of Public Officers with Fixed Terms |
|
96 | |
| 3.2 | Diet Members and Head of Local Governments Registered as Attorneys |
|
98 |
Part 3
Activities of the JFBA and Local Bar Associations … 100
Chapter 1 Autonomy of Attorneys … 100
| 1.1 | Complaints and Dispute Conciliations |
|
100 |
|---|---|---|---|
| 1.1.1 Complaints against Attorneys |
|
100 | |
| 1.1.2 Dispute Conciliation |
|
101 | |
| 1.2 | Disciplinary System for Attorneys and its Operation |
|
102 |
| 1.2.1 Summary of the Disciplinary System for Attorneys |
|
102 | |
| 1.2.2 Statistics Regarding Disciplinary Actions |
|
105 | |
| 1.2.3. Operation of the Disciplinary System |
|
108 | |
| 1.2.4 The Flow and Current Situation of Disciplinary Procedure |
|
111 |
Chapter 2 The JFBA's Activities involving Human Rights Redress … 112
| 2.1 | The Operation of the Human Rights Redress System |
|
112 |
|---|---|---|---|
| 2.1.1 Procedures for Human Rights Redress System |
|
112 | |
| 2.1.2 The Number of Human Rights Redress Cases (by Category) |
|
114 | |
| 2.2 | Current Situation Regarding the Retrial Cases Supported by the JFBA |
|
115 |
| 2.2.1 Retrial Cases Supported by the JFBA |
|
115 | |
| 2.2.2 Achievement by the JFBA for its Support on Retrial Request Cases |
|
115 |
Chapter 3 International Activities of the JFBA … 118
-
| 3.1 | International Human Rights Activities |
|
119 |
|---|---|---|---|
| 3.1.1. Activities at the United Nations (UN) and International Conferences |
|
119 | |
| 3.1.2. Activities Related to the UN Human Rights Bodies and the UPR |
|
120 | |
| 3.2 | International Cooperation |
|
121 |
| 3.2.1. Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country) |
|
121 | |
| 3.2.2. JICA Long-Term Experts Achievement |
|
123 | |
| 3.3 | International Exchange Activities |
|
125 |
| 3.3.1. Membership of International Organization |
|
125 | |
| 3.3.2. MOUs between the JFBA and Overseas Bar Organizations |
|
125 | |
| 3.3.3. MOUs between Local Bar Associations and Overseas Bar Organizations |
|
125 | |
| 3.4 | Overseas Visiting Fellow Program |
|
127 |
| 3.4.1 JFBA Overseas Visiting Fellow Program |
|
127 | |
| 3.4.2 Past Overseas Visiting Fellows |
|
127 | |
| 3.5 | Support for Career Development in International Public Service |
|
128 |
| 3.5.1. Implementation of Various Seminars and Events |
|
128 | |
| 3.5.2. Support System for Career Development in International Public Service |
|
129 | |
| 3.5.3 Implementation of Judicial Apprentice Training and Internships at the Offices of International Organizations in Japan |
|
129 | |
| 3.6 | Promotion of International Practice by Attorneys |
|
129 |
| 3.6.1 JFBA’s Activities to Promote International Practice by Attorneys |
|
129 | |
| 3.6.2 Attorney Referral System for Japanese SMEs going Overseas and its Partner Organization Accreditation System |
|
130 |
Part 4
Comprehensive Legal Support … 132
Chapter 1 Japan Legal Support Center (Ho-terasu) … 132
| 1.1 | Scope of Operations of Ho-terasu |
|
132 |
|---|---|---|---|
| 1.2 | Support Operations Entrusted by the JFBA |
|
133 |
