White Paper on Attorneys 2022

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Contents

Special Feature: Making Interrogations Transparent – Current State & Challenges

Chapter 1. Introduction...2

1.1 Introduction . 2
1.2 Overview of the JFBA’s Efforts and Developments Initiated by the Government and Others . 2
1.3 Significance of Making Interrogations Transparent . 3

Chapter 2. Current Status of Implementation of Making Interrogations Transparent...4

2.1 Current Status of Implementation of Audio and Video Recording of Interrogations by Public Prosecutors . 4
2.1.1 Four Categories of Cases . 4
2.1.2 Scope of Pilot Full-recording . 4
2.2 Current Status of Implementation of Audio and Video Recording of Interrogations by Police . 10
2.2.1 Scope of Implementation . 10
2.2.2 Three Characteristics of Implementation by Police . 10
2.3 Suspect’s Notes . 12
2.4 Interviews of Representatives . 12


Chapter 3. Conclusion...14

Part 1. Legal Profession Statistics

Part 1. Legal Profession Statistics

Chapter 1. Attorney Demographics...16

1.1 The Japan Federation of Bar Associations and the Attorney Population . 16
1.2 Attorney Population by Age Group . 18


Chapter 2. Legal Profession Demographics...19

2.1 Number of Law School Applicants and Enrollment . 19
2.2 Statistics for Successful Examinees in Bar Examination . 20
2.2.1 Pass Rate of Bar Examination . 20
2.2.2 Demographics of the Preliminary Examination for the Bar Examination . 22
2.3 Number of Apprentices Who Completed the Legal Apprenticeship Training by Career Path . 23
2.4 Change in the Number of Judges, Prosecutors, and Attorneys over Time . 25
2.5 Gender Ratio of Law School Students, Bar Examination, Preliminary Bar Examination, and
Those Who Completed the Legal Apprenticeship Training 		. 26
2.6 Number of Attorneys in Japan Compared to Other Countries . 29
2.7 Change in Other Legal Profession Populations over Time . 31


Chapter 3. Mergers of Law Firms and Statistics of Legal Professional Corporations ...32

3.1 Law Firm Size . 32
3.2 Legal Professional Corporation Statistics . 34
3.2.1 Number of Legal Professional Corporations . 34
3.2.2 Size of Legal Professional Corporations . 36

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

...37

4.1 Change in the Number of Registered Foreign Lawyers over Time . 37
4.2 Registration of Registered Foreign Lawyers . 38
4.3 Status of Alliances in the Form of Foreign Law Joint Enterprises . 39
4.4 Incorporations of Registered Foreign Lawyer Corporations (Gaikokuho Jimu Bengoshi Hojin) . 41
4.5

Employment Status of Attorneys Hired by Registered Foreign Lawyers or Registered Foreign
Lawyer Corporations

. 42
4.6 Number of Foreign Lawyers Employed by Attorneys and LPCs . 42
4.6.1 By Nationality . 42
4.6.2 By Jurisdiction Where the Attorney’s License was Obtained . 42


Part 2. Activities of Attorneys

Chapter 1. Criminal Advocacy Activities...46

1.1 Duty Attorney (Toban Bengoshi) and Court-Appointed Defense Counsel Systems for Suspects . 46
1.1.1Outline of Duty Attorney (Toban Bengoshi) and Court-Appointed Defense Counsel System for
Suspects 		. 46
1.1.2 Current Situation of the Duty Attorney (Toban Bengoshi) System . 47
1.1.3 Changes in the Number of Duty Attorney Requested Cases, Appointed Cases, and Criminal
Suspect Defense Aid Cases 		. 47
1.1.4 Public Defense System Available Prior to Institution of Prosecution . 48
1.1.4.1 Operation Status of Court-Appointed Defense Counsel System for Suspects . 48
1.1.4.2 Permission or Rejection for Detention Requests . 50
1.2 Status of Defense Attorneys’ Involvement in Overall Criminal Cases . 51
1.2.1 Status of Court-Appointed Defense Counsel Contracts and the Number of Defendants with
Court-Appointed Defense Counsel 		. 51
1.2.2 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Institution of
Prosecution) (Court-Appointed and Privately Retained) at District Courts 		. 51
1.2.3 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Institution of
Prosecution) (Court-Appointed and Privately Retained) at Summary Courts 		. 52
1.2.4 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Institution of
Prosecution) (Court-Appointed and Privately Retained) at High Courts 		. 53
1.3 Defense Activities in Juvenile Cases . 54
1.4 The Lay Judge System . 56
1.4.1 Cases Determined by Lay Judges . 56
1.4.2 Actual Practice of Lay Judge Trials . 57
1.4.2.1 Number of Persons Who Have Been Subjected to Saiban-in (Lay Judges) Trials that Have
Been Disposed of 		. 57
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. 		. 57


Chapter 2. Activities in Civil and Other Lawsuits...60

2.1 Civil Lawsuits . 60
2.1.1 Attorneys’ Involvement in Ordinary Civil Lawsuits at District Courts . 60
2.1.2 Attorneys’ Involvement in Ordinary Civil Lawsuits at Summary Courts . 61
2.1.3Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (at
High Courts) 		. 62
2.1.4 Labor Tribunal Cases . 63
(1) Number of Labor Tribunal Cases Newly Accepted by and Concluded at District Courts . 63
(2) Status of Appointing Agents in Labor Tribunal Proceedings at District Courts . 64
2.2 Supporting Activities for Criminal Victims . 65
2.3 JFBA Support Activities for Affected People in Relation to the Great East Japan Earthquake . 66
2.3.1 Recommendations, etc. the JFBA has Issued in Response to Disasters . 66

Chapter 3. Expansion of Attorneys' Activities...68

3.1 Current Situation of In-house Attorneys . 68
3.1.1 Changes in the Number of In-house Attorneys . 68
3.1.2 Situation of Public Officers with Fixed Terms . 69
3.2 Diet Members and Head of Local Governments Registered as Attorneys . 71


Part 3. Activities of the JFBA and Local Bar Associations

Chapter 1. Autonomy of Attorneys...74

1.1 Complaints and Dispute Conciliations . 74
1.1.1 Complaints against Attorneys . 74
1.1.2 Dispute Conciliation . 76
(1) Number of Dispute Conciliation Cases Newly Received . 76
(2) Handling of Dispute Conciliation Cases (All Bar Associations) . 76
1.2 Disciplinary System for Attorneys and its Operation . 77
1.2.1 Summary of the Disciplinary System for Attorneys . 77
(1) Request for Discipline . 77
(2) Investigation by Disciplinary Enforcement Committee . 77
(3) Examination by Disciplinary Actions Committee . 77
(4) Filing of an Objection, etc. . 77
(5) Public Notice by the Official Gazette, etc. . 78
1.2.2 Statistics Regarding Disciplinary Action . 80
(1) Changes in the Number of Newly Accepted Requests for Disciplinary Action (All Bar Associations) . 80
(2) Details of Handling of the Requests for Disciplinary Action (All Bar Associations) . 81
(3) Ratio of Disciplinary Action (All Bar Associations) . 82
1.2.3. Operation of the Disciplinary System . 83
(1) Cases Handled by Disciplinary Enforcement Committees of Bar Associations and the JFBA . 83
(2) Cases Handled by Disciplinary Actions Committees of Bar Associations and the JFBA . 84
(3) Cases Handled by the JFBA Board of Discipline Review . 85
1.2.4 The Flow and Current Situation of Disciplinary Procedure . 86

Chapter 2. The JFBA's Activities involving Human Rights Redress...87

2.1 The Operation of the Human Rights Redress System . 87
2.1.1 Procedures for Human Rights Redress System . 87
2.1.2 Number of Human Rights Redress Cases (by Category) . 89
2.2 Current Situation Regarding Retrial Cases Supported by the JFBA . 90
2.2.1 Retrial Cases Supported by the JFBA . 90
2.2.2 Achievement by the JFBA for its Support on Retrial Request Cases . 90

Chapter 3. International Activities of the JFBA...93

3.1 International Human Rights Activities . 94
3.1.1 Activities at the United Nations (UN) and International Conferences . 94
3.1.2 Activities Related to the UN Human Rights Bodies and the UPR . 95
3.2 International Cooperation . 97
3.2.1 Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by
Country) 		. 97
3.2.2 JICA Long-Term Experts Achievement . 99
3.3 International Exchange Activities . 101
3.3.1 Membership of International Organization . 101
3.3.2 Memorandum of Understanding (MOUs) Signed between the JFBA and Overseas Bar Organizations . 101
3.3.3 MOUs Signed between Local Bar Associations and Overseas Bar Organizations . 101
3.4 Overseas Visiting Scholar Program . 103
3.4.1 JFBA Visiting Scholar Program . 103
3.4.2 Past Visiting Scholars . 103
3.5 Support for Career Development in International Public Service . 104
3.5.1 Implementation of Various Seminars and Events . 105
3.5.2 Support System for Career Development in International Public Service . 105
3.5.3 Implementation of Judicial Apprentice Training and Internships at the Offices of International
Organizations in Japan 		. 106
3.6 Promotion of International Practice by Attorneys . 106
3.6.1 JFBA’s Activities to Promote International Practice by Attorneys . 106
3.6.2 Attorney Referral System for Japanese SMEs Going Overseas . 107


Chapter 4. Other Activities...109

4.1 Legal Expenses Insurance (Right Protection Insurance) System

. 109

Part 4. Comprehensive Legal Support

Chapter 1. Japan Legal Support Center (Ho-terasu)...112

1.1 Scope of Operations of Ho-terasu . 112
1.2 Support Operations Entrusted by the JFBA . 113



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