White Paper on Attorneys 2011

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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

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