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White Paper on Attorneys 2019

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Feature１.

Ten Years from the Commencement of the Saiban-in System

Chapter 1. Introduction (On the 10th Anniversary of the Saiban-in System)…2

Chapter 2. Saiban-in Trial Statistics and Key Findings…3

2.1	Changes in the Number of Newly Charged Defendants Sorted by the Offenses Charged	3
2.2	Number of Defendants Whose Case Was Disposed of and Who Filed an Appeal, Sorted by the Offenses Charged, Sentence Length, and Classification of Disposition	4
2.3	Comparison of the Distribution of Sentence Lengths	10
2.4	Average Period Taken for Court Deliberations and Relevant Statistics	14
2.5	Bail	17

Feature２.

Growth of Legal Expenses Insurance

Chapter 1. Introduction (On the 10th Anniversary of the Saiban-in System)…20

1.1	Legal Expenses Insurance and Legal Access Center: Significance and Role	20
1.2	Over-time Changes in the Number of Legal Expenses Insurance Policies Sold and the Number of Claims Processed by the LAC	21
1.3	Improvement in Civil Access to Justice	21

Chapter 2. Initiatives Undertaken by the JFBA Toward Development of Legal Expenses Insurance System …22

2.1	Outline		22
2.2	Inception of the Legal Expenses Insurance ADR		23

Part１.Legal Profession Statistics

Chapter １.Attorney Demographics…26

1.1	The Japan Federation of Bar Associations and the Attorney Population		26
1.2	Attorney Population by Age Group		28

Chapter ２.Legal Profession Demographics…29

2.1	Number of Law School Applicants and Enrollment	29
2.2	Statistics for Successful Examinees in Bar Examination	30
	2.2.1 Pass Rate of Bar Examination	30
	2.2.2 Demographics of the Preliminary Examination for the Bar Examination	32
2.3	Number of Apprentices Who Completed the Legal Apprenticeship Training by Career Path	33
2.4	Change in the Number of Judges, Prosecutors, and Attorneys over Time	35
2.5	Gender Ratio of Law School Students, Bar Examination, Preliminary Bar Examination, and Those Who Completed the Legal Apprenticeship Training	36
2.6	International Comparison of the Number of Lawyers, Judges, and Public Prosecutors	39
	2.6.1 Number of Citizens per Attorney (International Comparison)	39
	2.6.2 Number of Citizens per Judge (International Comparison)	40
	2.6.3 Number of Citizens per Public Prosecutor (International Comparison)	40
	2.6.4 Number of Citizens per Three Legal Professions (International Comparison)	41
2.7	Change in Other Legal Profession Populations over Time	44

Chapter ３.Mergers of Law Firms and Statistics of Legal Professional Corporations…45

3.1	Law Firm Size	45
3.2	Legal Professional Corporation Statistics	47
	3.2.1 Number of Legal Professional Corporations	47
	3.2.2 Size of Legal Professional Corporations	49

Chapter ４.Facts about Registered Foreign Lawyers (Gaikokuho-Jimu-Bengoshi)…50

4.1	Change in the Number of Registered Foreign Lawyers over Time	50
4.2	Registration of Registered Foreign Lawyers	51
4.3	Status of Alliances in the Form of Foreign Law Joint Enterprises	52
4.4	Incorporations of Registered Foreign Lawyer Corporations (Gaikokuho Jimu Bengoshi Hojin)	54
4.5	Employment Status of Attorneys Hired by Registered Foreign Lawyers or Registered Foreign Lawyer Corporations	54
4.6	Number of Foreign Lawyers Employed by Attorneys and LPCs	55
	4.6.1 By Nationality	55
	4.6.2 By Jurisdiction Where the Attorney’s License was Obtained	55
4.7	Global Law Firms and Their Entry into the Japanese Market	56

Part ２.Activities of Attorneys

Chapter １.Criminal Advocacy Activities…60

1.1	Duty Attorney (Toban Bengoshi) and Court-Appointed Defense Counsel Systems for Suspects	60
	1.1.1 Outline of Duty Attorney (Toban Bengoshi) and Court-Appointed Defense Counsel System for Suspects	60
	1.1.2 Current Situation of the Duty Attorney (Toban Bengoshi) System	61
	1.1.3 Changes in the Number of Duty Attorney Requested Cases, Appointed Cases, and Criminal Suspect Defense Aid Cases	62
	1.1.4 Public Defense System Available Prior to Indictment	62
	1.1.4.1 Operation Status of Court-Appointed Defense Counsel System for Suspects	62
	1.1.4.2 Permission or Rejection for Detention Requests	64
1.2	The Status of Defense Attorneys’ Involvement in Overall Criminal Cases	65
	1.2.1 The Status of Court-Appointed Defense Counsel Contracts and the Number of Defendants with Court-Appointed Defense Counsel	65
	1.2.2 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts	65
	1.2.3 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts	66
	1.2.4 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts	66
1.3	Defense Activities in Juvenile Cases	67
1.4	The Lay Judge System	69
	1.4.1 Cases Determined by Lay Judges	69
	1.4.2 Actual Practice of Lay Judge Trials	70
	1.4.2.1 The Number of Persons Who Have Been Subjected to Saiban-in (Lay Judges) Trials that Have Been Disposed of	70
	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.	70

Chapter ２.Activities in Civil and Other Lawsuits…73

2.1	Civil Lawsuits	73
	2.1.1 Attorneys’ Involvement in Ordinary Civil Lawsuits before District Courts	73
	2.1.2 Attorneys’ Involvement in Ordinary Civil Lawsuits before Summary Courts	74
	2.1.3Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (before High Courts)	75
	2.1.4 Labor Tribunal Cases	76
	(1) Number of Labor Tribunal Cases Newly Accepted by and Concluded at District Courts	76
	(2) Status of Appointing Agents in Labor Tribunal Proceedings at District Courts	77
2.2	Supporting Activities for Criminal Victims	78
2.3	JFBA Support Activities for Affected People in Relation to the Great East Japan Earthquake	79
	2.3.1 Recommendations, etc. the JFBA has Issued and Legislation and Systems Realized	79

Chapter ３. Expansion of Attorneys' Activities…81

3.1	Current Situation of In-house Attorneys	81
	3.1.1 Changes in the Number of In-house Attorneys	81
	3.1.2 Situation of Public Officers with Fixed Terms	82
3.2	Diet Members and Head of Local Governments Registered as Attorneys	84

Part ３.Activities of the JFBA and Local Bar Associations

Chapter １.Autonomy of Attorneys…86

1.1	Complaints and Dispute Conciliations	86
	1.1.1 Complaints against Attorneys	86
	1.1.2 Dispute Conciliation	87
	(1) Number of Dispute Conciliation Cases Newly Received	87
	(2) Handling of Dispute Conciliation Cases (All Bar Associations)	87
1.2	Disciplinary System for Attorneys and its Operation	88
	1.2.1 Summary of the Disciplinary System for Attorneys	88
	(1) Request for Discipline	88
	(2) Investigation by Disciplinary Enforcement Committee	88
	(3) Examination by Disciplinary Actions Committee	88
	(4) Filing of an Objection, etc.	88
	(5) Public Notice by the Official Gazette, etc.	89
	1.2.2 Statistics Regarding Disciplinary Action	91
	(1) Changes in the Number of Newly Accepted Requests for Disciplinary Action (All Bar	91
	(2) Details of the Handling the Requests for Disciplinary Action (All Bar Associations)	92
	(3) Ratio of Disciplinary Action (All Bar Associations)	93
	1.2.3. Operation of the Disciplinary System	94
	(1) Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA	94
	(2) Cases Handled by Disciplinary Actions Committees of Bar Associations and the JFBA	95
	(3) Cases Handled by the JFBA Board of Discipline Review	96
	1.2.4 The Flow and Current Situation of Disciplinary Procedure	97

Chapter ２.The JFBA's Activities involving Human Rights Redress…98

2.1	The Operation of the Human Rights Redress System	98
	2.1.1 Procedures for Human Rights Redress System	98
	2.1.2 The Number of Human Rights Redress Cases (by Category)	100
2.2	Current Situation Regarding Retrial Cases Supported by the JFBA	101
	2.2.1 Retrial Cases Supported by the JFBA	101
	2.2.2 Achievement by the JFBA for its Support on Retrial Request Cases	101

Chapter ３.International Activities of the JFBA…104

3.1	International Human Rights Activities	105
	3.1.1 Activities at the United Nations (UN) and International Conferences	105
	3.1.2 Activities Related to the UN Human Rights Bodies and the UPR	106
3.2	International Cooperation	107
	3.2.1 Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country)	107
	3.2.2 JICA Long-Term Experts Achievement	109
3.3	International Exchange Activities	111
	3.3.1 Membership of International Organization	111
	3.3.2 MOUs Signed between the JFBA and Overseas Bar Organizations	111
	3.3.3 MOUs Signed between Local Bar Associations and Overseas Bar Organizations	112
3.4	Overseas Visiting Scholar Program	113
	3.4.1 JFBA Visiting Scholar Program	113
	3.4.2 Past Visiting Scholars	113
3.5	Support for Career Development in International Public Service	114
	3.5.1 Implementation of Various Seminars and Events	115
	3.5.2 Support System for Career Development in International Public Service	115
	3.5.3 Implementation of Judicial Apprentice Training and Internships at the Offices of International Organizations in Japan	116
3.6	Promotion of International Practice by Attorneys	116
	3.6.1 JFBA’s Activities to Promote International Practice by Attorneys	116
	3.6.2 Attorney Referral System for Japanese SMEs going Overseas and its Partner Organization Accreditation System	117

Part ４.Comprehensive Legal Support

Chapter 1. Japan Legal Support Center (Ho-terasu)…120

1.1	Scope of Operations of Ho-terasu		120
1.2	Support Operations Entrusted by the JFBA		121

White Paper on Attorneys 2019

Contents