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White Paper on Attorneys

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White Paper on Attorneys 2011 White Paper on Attorneys Japan Federation of Bar Associations Contents Feature 1 History and Future Development of Training System for Attorneys 1 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- 7 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 13 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. The 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 35 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) (06&09) 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 Attorneys 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 54 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) Changes in Percentage of Members with Disciplinary Actions 77 II. The Flow and Current Situation of Disciplinary Procedure 78 1. The Disciplinary System 78 Feature 1 History and Future Development of Training System for Attorneys Chapter 1 Overviews of Training System for Attorneys 1. Training Conducted by the JFBA Training programs currently conducted by the JFBA are described as follows: 1) Special Training (Live Training), 2) Summer Training, 3) E-learning training, 4) Ethics Training, 5) Training for Newly-Registered Attorneys, 6) Training for Granting Attorney Qualifications Among the above, training programs 1) and 5) are mainly targeted towards JFBA member attorneys. As for 1), training for secretariat members (staff) working at law offices is also conducted. Regarding 6), training is conducted for those who have satisfied the requirements set forth in Article 5 of the Attorneys Act, in accordance with the terms stipulated in such Article. 2. Training Conducted by Bar Associations and Federations of Bar Associations While the JFBA conducts training programs targeting its entire membership throughout Japan, bar associations and federations of bar associations also conduct training on their own, targeting their individual members. In particular, large-scale and medium-sized bar associations actively conduct training through their own initiative. Each bar association has been taking a unique approach in conducting training programs; for instance, the Tokyo Bar Association and Osaka Bar Association carry out their training courses using the Internet, while the Daini Tokyo Bar Association records the training sessions they have conducted on DVD and then sells them to members all over Japan. 3. Other Forms of Training (1) Training at Hoterasu Hoterasu (the Japan Legal Support Center) is a corporation established in line with the framework of an incorporated administrative agency with the purpose of conducting matters in relation to comprehensive legal support in a speedy and appropriate manner, in accordance with Article 14 of the Comprehensive Legal Support Act. Hoterasu conducts a wide variety of training programs targeting attorneys working full-time (staff attorneys) at Hoterasu law office, and also prospective staff attorneys under training; for the former, they provide training catered to various kinds of practice, and for the latter, they provide training designated for newly appointed attorneys, basic training conducted at regular intervals, and training practice (for prospective staff attorneys; before they have taken up their posts).
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