White Paper on Attorneys 2018

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Feature:

1 Progress Toward Gender Equality in Bar Associations
-Achievements and Challenges in Gender Equality by the JFBA over the Past Decade ... 2

Chapter 1 History of JFBA’s Activities on Gender Equality... 2

Chapter 2 JFBA Third Basic Plan for Promoting Gender Equality ... 7

2.1	Establishment and Development of a Framework for Promoting Gender Equality	.	7
(1) Situation Regarding Establishment of Gender Equality Promotion Committees in Local Bar Associations	.	7
(2) Situation Regarding Formulation of Basic Plan for Promoting Gender Equality in Each Local Bar Association	.	8
(3) Reasons for Not Formulating a Basic Plan for Promoting Gender Equality	.	9
(4) Calling of Liaison Meeting for Committee Members in Charge of Promoting Gender Equality	.	9
2.2	Training and Educational Activities	.	10
(1) Implementation Status Regarding Training for Prevention of Sexual Harassment	.	10
(2) Implementation Status Regarding National Campaign for Gender Equality Promotion	.	10
2.3	Increase in the Percentage of Female Attorneys	.	12
(1) Changes in the Number of Attorneys by Gender	.	12
(2) The Number of Attorneys by Gender per Term of Legal Apprentice Training, and Percentage of Females	.	13
(3) The Percentage of Females Among Law School Students, Examinees and Successful Examinees of the New Bar Examination	.	13
(4) The Number and Percentage by Gender in Preliminary Bar Examination	.	15
(5) The Number and Percentage of Females per Chosen Profession after Completion of Legal Training	.	16
(6) Changes in the Percentage of Females in the Judicial Field	.	16
2.4	Elimination of Uneven Distribution of Female Attorneys	.	17
(1) Number of Attorneys and Increasing Rate in the Past Decade by Local Bar Association	.	17
(2) District Court Branch with Zero Female Attorneys	.	17
(3) Number of Attorneys who are Directors of Himawari Law Offices by Gender	.	20
(4) Number of Staff Attorneys of the Japan Legal Support Center	.	20
2.5	Increase in Percentage of Female Attorneys Involved in Policy and Decision making Processes	.	21
(1) Number and Percentage of Female Attorneys Appointed as JFBA’s Executives, Secretary General and Deputy Secretary General	.	21
(2) Number of Committee Members by Gender	.	23
(3) Appointment of Female Attorneys as Executives of Local Bar Associations	.	27
2.6	Narrowing the Gender Gap in RevenAue, Income, and Work	.	28
2.7	Prevention of Sexist Behavior and Discriminatory Treatment	.	28
(1) Enactment of Regulations for the Prevention of Sexual Harassment	.	29
2.8	Support for Achieving Work-life Balance	.	29
(1) Status of Using the System for Exemption from Paying Membership Fees, etc. while Raising Children	.	29
(2) Regulations on Exemption from Paying Membership Fees, etc. while Raising Children	.	30
(3) Utilization of Babysitting Charge Subsidy Service	.	30
(4) Provision of Childcare Services by Local Bar Associations while Members are Engaged in the Association’s Work, Attending Training Courses, etc.	.	30
2.9	Taking Initiative in Solving Gender Issues in the Judiciary (Activities Based on the Resolutions Made at the 53rd JFBA General Meeting)	.	31
(1) Changes in the Percentage of Female Supreme Court Justices	.	31
(2) Percentage of Female Attorneys in Foreign Countries	.	32

Chapter 3 The Next Ten Years ... 34

Feature:

2 Recent Situation Facing Attorneys - Results from Attorneys’ Census ... 36

1	Employment Status of Attorneys	.	36
2	Scale of Workplace	.	38
3	Attorneys’ Working Hours	.	38
4	Breakdown of Working Hours	.	39
5	Activities Involving Bar Associations	.	40
6	Revenue and Income of Attorneys	.	41
7	Trends in Revenue and Income	.	42
8	Assignment to Posts Other than Attorney’s Activitiesal Meeting)	.	43

Part 1
Current Situation of Attorneys and Other Legal Professions ... 46

Chapter 1 Population of Attorneys ... 46

1.1	The Japan Federation of Bar Associations and the Number of Attorneys	.	46
1.2	Constitution According to Age	.	48

Chapter 2 The Number of Populations relating to Legal Professionals ... 49

2.1	The Japan Federation of Bar Associations and the Number of Attorneys	.	49
2.2	Constitution According to Age	.	50
2.2.1 Pass Rate of Bar Examination	.	50
2.2.2 Situation Surrounding the Preliminary Examination for the Bar Examination	.	52
2.3	The Number of Legal Apprentices who Have Completed Legal Training per Chosen Profession	.	53
2.4	The Number of Judges, Prosecutors, and Attorneys	.	55
2.5	Comparison of the Total Number of Lawyers, Judges, and Public Prosecutors with those of Foreign Countries	.	56
2.5.1 The Number of People per Lawyer (Cross-national Comparison)	.	56
2.5.2 The Number of People per Judge (Cross-national Comparison)	.	56
2.5.3 The Number of People per Public Prosecutor (Cross-national Comparison)	.	57
2.5.4 The Number of People per Legal Professional (Cross-national Comparison)	.	57
2.6	Changes in Populations of Other Legal Professions	.	60

Chapter 3 Mergers of Law Offices and the Current Situation of Legal Professional Corporations ... 61

3.1	The Number of Attorneys in Law Offices	.	61
3.2	Current Situation of Legal Professional Corporations	.	63
3.2.1 The Number of Legal Professional Corporations	.	63
3.2.2 Size of Legal Professional Corporations	.	65

Chapter 4 Current Situation of Gaikokuho-Jimu-Bengoshi ("Registered Foreign Lawyers") ... 66

4.1	Changes in the Number of Gaikokuho-Jimu-Bengoshi	.	66
4.2	Registration of Gaikokuho-Jimu-Bengoshi (Registered Foreign Lawyers)	.	67
4.3	Situation regarding Alliances with Foreign Law Joint Enterprises	.	68
4.4	Situation regarding Registered Foreign Lawyer Corporations (Gaikokuho-Jimu-Bengoshi-Hojin)	.	70
4.5	Situation Regarding Employment of Attorneys by Gaikokuho-Jimu-Bengoshi and the like	.	70
4.6	The Number of Foreign Lawyers Employed by Attorneys and Legal Professional Corporations	.	71
4.6.1 By Nationality	.	71
4.6.2 By Home Jurisdiction	.	71
4.7	World Law Firms and Their Entry into the Japanese Market	.	72

Part 2
Activities of Attorneys ... 74

Chapter 1 Criminal Advocacy Activities ... 74

1.1	Duty Attorney (Toban Bengoshi) and Court-Appointed Attorney Systems for Suspects	.	74
1.1.1 Outline of Duty Attorney (Toban Bengoshi) and Court-Appointed Attorney System for Suspects	.	74
1.1.2 Current Situation of the Duty Attorney (Toban Bengoshi) System	.	75
1.1.3 Changes in the Number of Duty Attorney Requested Cases, Appointed Cases, and Criminal Suspect Defense Aid Cases	.	76
1.1.4 Public Defense System Available Prior to Indictment	.	76
1.2	The Status of Defense Attorneys Involvement in the Overall Criminal Cases	.	79
1.2.1 The Status of Court-Appointed Attorney Contracts and the Number of Defendants with Court-Appointed Attorneys	.	79
1.2.2 Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at District Courts	.	79
1.2.3 Changes in the Percentage of Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at Summary Courts	.	80
1.2.4 Changes in the Percentage of Defendants Retaining Criminal Defense Counsel (after Indictment) (Court-Appointed and Privately Retained) at High Courts	.	80
1.3	Defense Activities in Juvenile Cases	.	81
1.4	The Lay Judge System	.	83
1.4.1 Cases Determined by Lay Judges	.	83
1.4.2 Actual Practice of Lay Judge Trials	.	84

Chapter 2 Activities in Civil and Other Lawsuits ... 87

2.1	Civil Lawsuits	.	87
2.1.1 Attorneys’ Involvement in Ordinary Civil Lawsuits before District Courts	.	87
2.1.2 Attorneys’ Involvement in Ordinary Civil Lawsuits before Summary Courts	.	88
2.1.3 Changes in the Percentage of Appointed Attorneys in Ordinary Second Instance Trials (before High Courts)	.	89
2.1.4 Labor Tribunal Cases	.	90
2.2	Supporting Activities for Criminal Victims	.	92
2.3	JFBA Support Activities for Affected People in Relation to the Great East Japan Earthquake	.	93
2.3.1 Recommendations, etc. the JFBA has Issued and Legislation and Systems Realized	.	93

Chapter 3 Expansion of Attorneys' Activities ... 95

3.1	Current Situation of In-house Attorneys	.	95
3.1.1 Changes in the Number of In-house Attorneys	.	95
3.1.2 Situation of Public Officers with Fixed Terms	.	96
3.2	Diet Members and Head of Local Governments Registered as Attorneys	.	98

Part 3
Activities of the JFBA and Local Bar Associations ... 100

Chapter 1 Autonomy of Attorneys ... 100

1.1	Complaints and Dispute Conciliations	.	100
1.1.1 Complaints against Attorneys	.	100
1.1.2 Dispute Conciliation	.	101
1.2	Disciplinary System for Attorneys and its Operation	.	102
1.2.1 Summary of the Disciplinary System for Attorneys	.	102
1.2.2 Statistics Regarding Disciplinary Actions	.	105
1.2.3. Operation of the Disciplinary System	.	108
1.2.4 The Flow and Current Situation of Disciplinary Procedure	.	111

Chapter 2 The JFBA's Activities involving Human Rights Redress ... 112

2.1	The Operation of the Human Rights Redress System	.	112
2.1.1 Procedures for Human Rights Redress System	.	112
2.1.2 The Number of Human Rights Redress Cases (by Category)	.	114
2.2	Current Situation Regarding the Retrial Cases Supported by the JFBA	.	115
2.2.1 Retrial Cases Supported by the JFBA	.	115
2.2.2 Achievement by the JFBA for its Support on Retrial Request Cases	.	115

Chapter 3 International Activities of the JFBA ... 118

3.1	International Human Rights Activities	.	119
3.1.1. Activities at the United Nations (UN) and International Conferences	.	119
3.1.2. Activities Related to the UN Human Rights Bodies and the UPR	.	120
3.2	International Cooperation	.	121
3.2.1. Past and Current JFBA Assistance Projects for Bar Associations in Developing Countries (by Country)	.	121
3.2.2. JICA Long-Term Experts Achievement	.	123
3.3	International Exchange Activities	.	125
3.3.1. Membership of International Organization	.	125
3.3.2. MOUs between the JFBA and Overseas Bar Organizations	.	125
3.3.3. MOUs between Local Bar Associations and Overseas Bar Organizations	.	125
3.4	Overseas Visiting Fellow Program	.	127
3.4.1 JFBA Overseas Visiting Fellow Program	.	127
3.4.2 Past Overseas Visiting Fellows	.	127
3.5	Support for Career Development in International Public Service	.	128
3.5.1. Implementation of Various Seminars and Events	.	128
3.5.2. Support System for Career Development in International Public Service	.	129
3.5.3 Implementation of Judicial Apprentice Training and Internships at the Offices of International Organizations in Japan	.	129
3.6	Promotion of International Practice by Attorneys	.	129
3.6.1 JFBA’s Activities to Promote International Practice by Attorneys	.	129
3.6.2 Attorney Referral System for Japanese SMEs going Overseas and its Partner Organization Accreditation System	.	130

Part 4
Comprehensive Legal Support ... 132

Chapter 1 Japan Legal Support Center (Ho-terasu) ... 132

1.1	Scope of Operations of Ho-terasu	.	132
1.2	Support Operations Entrusted by the JFBA	.	133

White Paper on Attorneys 2018

Contents