White Paper on Attorneys 2015

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Contents

Feature 1 Current Situation Surrounding Support for Crime Victims and the Role of Attorneys

Chapter 1 Situation Surrounding Crime Victims ... 1

I. Introduction . 1
1. Problems being Faced by Crime Victims . 1
(1) Ensuring Safety . 1
(2) Mental and Physical Health . 1
(3) Protection of Privacy . 1
(4) Obtaining Information Regarding Offenders . 1
(5) Participation in the Judicial Procedure . 2
(6) Financial Burden, etc. . 2
2. Increasing Role of Attorneys . 2
(1) Conducting Consultation . 2
(2) Protection of Privacy . 2
(3) Obtaining Information Regarding Offenders (Inspection and Copying of Records) . 3
(4) Participation in the Judicial Procedure . 3
(5) Financial Burden (Application for Payment of Crime Victims Benefit, Order for Compensation for Damage, etc.) . 3
(6) Others . 3
II. Current Situations of Crime Victims . 4
1. Number of Reported Cases . 4

Chapter 2 Activities of Attorneys Representing Crime Victims in Judicial Procedure ... 6

I. Attorneys’ Activities Concerning Assistance for Crime Victims . 6
II. Crime Victims’ Involvement in Criminal Procedures . 7
1. The Victim Participation System . 7

Part 1
Current Situation of Attorneys and Other Legal Professions ... 9

Chapter 1 Population of Attorneys ... 9

I. The Japan Federation of Bar Associations and the Number of Attorneys . 9
II. Constitution According to Age . 11

Chapter 2 The Number of Populations relating to Legal Professionals ... 12

I. The Status of the Number of Applicants for Law Schools and Enrollment of People . 12
II. The Status of Successful Bar Examination Candidates . 13
1. Pass Rate of Bar Examination . 13
2. Situation Surrounding the Preliminary Examination for the Bar Examination . 15
III. The Number of Legal Apprentices who Have Completed Legal Training per Chosen Profession . 16
IV. Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries . 18
1. The Number of People per Lawyer (Cross-country Comparison) . 18
2. The Number of People per Judge (Cross-country Comparison) . 19
3. The Number of People per Public Prosecutor (Cross-country Comparison) . 20
4. The Number of People per Legal Professional (Cross-country Comparison) . 21
V. Changes in Populations of Other Legal Professions . 24

Chapter 3 Mergers of Law Offices and the Current Situation of Legal Professional Corporations ... 25

I. The Number of Attorneys in Law Offices . 25
II. Current Situation of Legal Professional Corporations . 27
1.The Number of Legal Professional Corporations . 27
2.Size of Legal Professional Corporations . 28

Chapter 4 Current Situation of Gaikokuho-Jimu-Bengoshi ("Registered Foreign Lawyers") ... 29

I. Changes in the Number of Gaikokuho-Jimu-Bengoshi . 29
II. Registration of Gaikokuho-Jimu-Bengoshi (Registered Foreign Lawyers) . 30
III. Situations regarding Alliances with Foreign Law Joint Enterprises . 31
IV. The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations . 33
1. By Nationality . 33
2. By Home Jurisdiction . 34
V. World Law Firms and Their Entry into the Japanese Market . 35

Part 2
Activities of Attorneys ... 36

Chapter 1 Criminal Advocacy Activities ... 36

Section 1 Duty Attorney and Court-Appointed Attorney Systems ... 36

I. Outline of Duty Attorney and Court-Appointed Attorney Systems . 36
II. Current Situations of Duty Attorneys (Toban Bengoshi) . 37
III. Changes in the Number of Duty Attorney Requested Cases, Appointed Cases and Criminal Suspect Defense Aid Cases . 38

Section 2 The Status of Defense Attorneys Involvement in the Overall Criminal Cases ... 39

I. The Status of Court-Appointed Attorney Contracts, and the Number of Defendants with Court-Appointed Attorneys . 39
II. Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts . 40
III. Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts . 40
IV. Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts . 41

Section 3 Defense Activities in Juvenile Cases ... 42

I. Changes in the Number of Juvenile Probation Cases (at Family Courts) and the Proportion of Cases in which Attendants are Present . 43

Section 4 The Lay Judge System ... 44

I. Cases Determined by Lay Judges . 44
II. Actual Practice of Lay Judge Trials . 46
1. The Number of Persons Who Have Been Subjected to Saiban-in (Lay Judges) Trials and Have Been Finalized . 46
2. Comparison of the Average Period Taken for Court Deliberations and the Average Period of the Pretrial Conference Procedure (by confession and denial), etc. . 47

Chapter 2 Activities in Civil and Other Lawsuits ... 50

Section 1 Civil Lawsuits ... 50

I. Attorneys' Involvement in Ordinary Civil Lawsuits before District Courts . 50
II. Attorneys' Involvement in Ordinary Civil Lawsuits before Summary Courts . 52
III. Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (before High Courts) . 53

Section 2 JFBA Support Activities for Affected People in Relation to the Great East Japan Earthquake ... 54

I. Recommendations, etc. the JFBA has Issued and Legislations and Systems Realized . 54

Chapter 3 Expansion of Attorneys’ Activities ... 57

I. Current Situation of In-house Attorneys . 57
1. Changes in the Number of In-house Attorneys . 57
2. Situation of Public Officers with Fixed Terms . 58
II. Diet Members and Head of Local Governments Registered as Attorneys . 59

Chapter 4 Actual Activities of Attorneys ... 60

I. Actual Situation of Attorneys - From the Survey Conducted in 2014 - . 60
1. Working Style of Attorneys . 60
2. Number of Cases Handled by Attorneys . 61
Part 3
Activities of the JFBA and Local Bar Associations

Chapter 1 Autonomy of Attorneys ... 62

Section 1 Complaints and Dispute Conciliations ... 62

I. Complaints against Attorneys . 62
II. Dispute Conciliation . 63
1. Number of Dispute Conciliation Cases Newly Received . 63
2. Handling of Dispute Conciliation Cases (All Bar Associations) . 63

Section 2 Disciplinary System for Attorneys and its Operation ... 64

I. Summary of the Disciplinary System for Attorneys . 64
1. Request for Discipline . 64
2. Investigation by Disciplinary Enforcement Committee . 64
3. Examination by Disciplinary Actions Committee . 64
4. Filing of an Objection, etc. . 64
5. Public Notice by the Official Gazette, etc. . 65
II. Statistics Regarding Disciplinary Actions . 67
1. Changes in the Number of Newly Accepted Requests for Disciplinary Actions (All Bar Associations) . 67
2. Number of Requests for Disciplinary Action and Details of Handling the Requests (All Bar Associations) . 68
3. Percentage of Disciplinary Actions (All Bar Associations) . 69
(1) Percentage of Cases with Disciplinary Actions out of All Requests for Disciplinary Actions . 69
(2) Changes in Percentage of Members with Disciplinary Actions . 69
III. Operation of the Disciplinary System . 70
1. Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA . 70
(1) Bar Associations . 70
(2) JFBA . 70
2. Processing Cases at Disciplinary Actions Committees of Bar Associations and the JFBA 186 . 71
(1) Bar Associations . 71
(2) JFBA . 71
i. Objections . 71
ii. Appeals . 71
3. Processing Cases at the JFBA Board of Discipline Review . 72
IV. The Flow and Current Situation of Disciplinary Procedure . 73

Chapter 2 The JFBA's Activities involving Human Rights Redress ... 74

Section 1 The Operation of the Human Rights Redress System ... 74

I. Procedures for Human Rights Redress System . 74
II. The Number of Human Rights Redress Cases (by Category) . 76

Section 2 Current Situations Regarding the Retrial Request Cases Supported by the JFBA ... 77

I. Current Retrial Request Cases Supported by the JFBA . 77
II. Achievement by the JFBA for its Support on Retrial Request Cases . 77

Chapter 3 International Activities of the JFBA ... 79

Section 1 International Human Rights Activities ... 80

I. Activities at the United Nations (UN) . 80
II. Activities Related to the UN and UN Human Rights Bodies . 80

Section 2 International Exchange Activities ... 81

I. Membership of International Organizations . 81
II. MOUs with Overseas Bar Organizations . 81

Section 3 International Cooperation ... 83

I. JICA Long-Term Experts Achievement . 83
II. Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country) . 85

Section 4 Overseas Visiting Fellow Program and Support for Working in International Organizations ... 87

I. JFBA Overseas Visiting Fellow Program . 87
II. Past Overseas Visiting Fellows . 87

Section 5 Support for Working in International Organizations ... 89

I. Support for JFBA Members Interested in Working in International Organizations . 89
II. Other Support . 89

Part 4
Comprehensive Legal Support and Judiciary-Related Budget ... 90

Chapter 1 Japan Legal Support Center (Ho-terasu) ... 90

Section 1 Outline of the Japan Legal Support Center (Ho-terasu) ... 90

I. Ho-terasu . 90
II. Scope of Operations of Ho-terasu . 90
III. Entrusted Support Operations . 91
1. Support Operations Entrusted by the JFBA . 91

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