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HOME > About the JFBA > White Paper on Attorneys 2016

White Paper on Attorneys 2016

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Contents

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 . 4
1.1.1 Current Situations Surrounding Japan, and Problems Faced by Japan . 4
(1) Current Situations Surrounding Japan in the Field of Human Rights . 4
(2) Facing Problems . 4
(3) Roles expected of legal professionals and bar associations . 4
1.1.2. Activities at the United Nations (UN) and International Conferences . 4
1.1.3. Activities Related to the UN Human Rights Bodies and the UPR . 6
1.2. International Cooperation . 7
1.2.1. Current Activities of the JFBA and the Role of Attorneys . 7
1.2.2. Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country) . 7
1.2.3. JICA Long-Term Experts Achievement . 10

Chapter 2 Activities relating to the Legal Profession and the Role of Bar Associations … 12

2.1 International Exchange Activities . 12
2.1.1. Current Situation and Issues Faced . 12
2.1.2. Membership of International Organization . 12
Column: Making the next leap with Asian legal professionals; the 30th LAWASIA Conference 2017 in Tokyo . 14
2.1.3. MOUs between the JFBA and Overseas Bar Organizations . 15
2.1.4. MOUs between Local Bar Associations and Overseas Bar Organizations . 15
2.2 Overseas Visiting Fellow Program . 17
2.2.1 JFBA Overseas Visiting Fellow Program for Attorneys Engaged in Public Interest Activities . 17
2.2.2 JFBA Overseas Visiting Fellow Program for Attorneys Practicing in the Field of International Business . 20
2.3 Support for Working in International Organizations . 20
2.3.1 Implementation of Various Seminars and Events . 20
2.3.2 Information Service Using Mailing List, etc. . 21
2.3.3 Implementation of Judicial Apprentice Training and Internships at the Offices of International Organizations in Japan . 21
2.3.4 Establishment of Support Organizations . 21
2.4 Support Program for Attending International Meetings . 21

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 . 23
3.1.1 JFBA’s Activities to Promote International Practice by Attorneys . 23
3.1.2 Activities by Local Bar Associations to Promote International Practice by Attorneys . 25
3.2 Legal Assistance for Overseas Business Development of Small and Medium Sized Enterprises . 26
3.2.1 Current Status of JFBA Activities . 26
3.2.2 Lawyer Referral System for Japanese SMEs going Overseas and its Partner Organization Accreditation System . 27
3.3 Relationship between JFBA and Partner Organizations . 27


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 . 30
1.2 Constitution According to Age . 32


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 . 33
2.2 The Status of Successful Bar Examination Candidates . 34
2.2.1 Pass Rate of Bar Examination . 34
2.2.2 Situation Surrounding the Preliminary Examination for the Bar Examination . 36
2.3 The Number of Legal Apprentices who Have Completed Legal Training per Chosen Profession . 37
2.4 The Number of Judges, Prosecutors, and Attorneys . 39
2.5 Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries . 40
2.5.1 The Number of People per Lawyer (Cross-country Comparison) . 40
2.5.2 The Number of People per Judge (Cross-country Comparison) . 40
2.5.3 The Number of People per Public Prosecutor (Cross-country Comparison) . 41
2.5.4 The Number of People per Legal Professional (Cross-country Comparison) . 42
2.6 Changes in Populations of Other Legal Professions . 45

Chapter 3 Mergers of Law Offices and the Current Situation of Legal Professional Corporations … 46

3.1 The Number of Attorneys in Law Offices . 46
3.2 Current Situation of Legal Professional Corporations . 48
3.2.1 The Number of Legal Professional Corporations . 48
3.2.2 Size of Legal Professional Corporations . 50


Chapter 4 Current Situation of Gaikokuho-Jimu-Bengoshi ("Registered Foreign Lawyers") … 51

4.1 Changes in the Number of Gaikokuho-Jimu-Bengoshi . 51
4.2 Registration of Gaikokuho-Jimu-Bengoshi (Registered Foreign Lawyers) . 52
4.3 Situations regarding Alliances with Foreign Law Joint Enterprises . 53
4.4 The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations . 55
4.4.1 By Nationality . 55
4.4.2 By Home Jurisdiction . 55
4.5 World Law Firms and Their Entry into the Japanese Market . 57

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 . 58
1.1.1 Outline of Duty Attorney and Court-Appointed Attorney Systems for Suspects . 58
1.1.2 Current Situation of the Duty Attorney (Toban Bengoshi) System . 59
1.1.3 Changes in the Number of Duty Attorney Requested Cases, Appointed Cases, and Criminal Suspect Defense Aid Cases . 60
1.1.4 Public Defense System Available Prior to Indictment . 61
1.1.4.1 Operation Status of Court-Appointed Attorney System for Suspects . 61
1.1.4.2 Permission or Rejection for Detention Requests . 62
1.2 The Status of Defense Attorneys Involvement in the Overall Criminal Cases . 63
1.2.1 The Status of Court-Appointed Attorney Contracts and the Number of Defendants with Court-Appointed Attorneys . 63
1.2.2 Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts . 63
1.2.3 Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts . 64
1.2.4 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts . 65
1.3 Defense Activities in Juvenile Cases . 65
1.4 The Lay Judge System . 67
1.4.1 Cases Determined by Lay Judges . 67
1.4.2 Actual Practice of Lay Judge Trials . 69
1.4.2.1 The Number of Persons Who Have Been Subjected to Saiban-in (Lay Judges) Trials and Have Been Finalized . 69
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. . 69

 

Chapter 2 Activities in Civil and Other Lawsuits … 72

2.1 Civil Lawsuits . 72
2.1.1 Attorneys’ Involvement in Ordinary Civil Lawsuits before District Courtsurts . 72
2.1.2 Attorneys’ Involvement in Ordinary Civil Lawsuits before Summary Courtsrts . 73
2.1.3 Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (before High Courts) . 74
2.2 Supporting Activities for Criminal Victims . 75
2.3 JFBA Support Activities for Affected People in Relation to the Great East Japan Earthquake . 76
2.3.1 Recommendations, etc. the JFBA has Issued and Legislation and Systems Realized . 76

 

 

Chapter 3 Expansion of Attorneys’ Activities … 78

3.1 Current Situation of In-house Attorneys . 78
3.1.1 Changes in the Number of In-house Attorneys . 78
3.1.2 Situation of Public Officers with Fixed Terms . 79
3.2 Actual Situation of Attorneys - From the Survey Conducted in 2015 . 81
3.3 Diet Members and Head of Local Governments Registered as Attorneys . 81

Part 3
Activities of the JFBA and Local Bar Associations … 82

Chapter 1 Autonomy of Attorneys  … 82

1.1 Complaints and Dispute Conciliations . 82
1.1.1 Complaints against Attorneys . 82
1.1.2 Dispute Conciliation . 83
(1) Number of Dispute Conciliation Cases Newly Received . 83
(2) Handling of Dispute Conciliation Cases (All Bar Associations) . 83

 

1.2 Disciplinary System for Attorneys and its Operation . 84
1.2.1 Summary of the Disciplinary System for Attorneys . 84
(1) Request for Discipline . 84
(2) Investigation by Disciplinary Enforcement Committee . 84
(3) Examination by Disciplinary Actions Committee . 84
(4) Filing of an Objection, etc. . 85
1.2.2 Statistics Regarding Disciplinary Actions . 87
(1) Changes in the Number of Newly Accepted Requests for Disciplinary Actions (All Bar Associations) . 87
(2) Details of Handling the Requests for Disciplinary Actions (All Bar Associations) . 88
(3) Ratio of Disciplinary Actions (All Bar Associations) . 89
1.2.3 Operation of the Disciplinary System . 90
(1) Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA . 90
(2) Cases Handled by Disciplinary Actions Committees of Bar Associations and the JFBA . 91
(3) Cases Handled by the JFBA Board of Discipline Review . 93
1.2.4 The Flow and Current Situation of Disciplinary Procedure . 93


Chapter 2 The JFBA's Activities involving Human Rights Redress  … 94

2.1 The Operation of the Human Rights Redress System . 94
2.1.1 Procedures for Human Rights Redress System . 94
2.2 Current Situation Regarding the Retrial Cases Supported by the JFBA . 97
2.2.1 Retrial Cases Supported by the JFBA . 97
2.2.2 Achievement by the JFBA for its Support on Retrial Request Cases . 97

 

Part 4
 Comprehensive Legal Support … 100

Chapter 1 Japan Legal Support Center (Ho-terasu)  … 100

1.1 Scope of Operations of Ho-terasu . 100
1.2 Support Operations Entrusted by the JFBA . 101