In Japan, lawyers in law ( ??? , bengoshi , lit. "advocate") forms the basis of the legal community of the country.
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History
Pre-Meiji restoration
Historically, Japanese customs institutionalized the avoidance of legal engagement, based on the doctrine of Confucianism, and the principles of Japanese harmony; anyone brought before the court because criminal or civil matters suffer public and private humiliation, because they interfere with harmony.
Nevertheless, in the 18th century, lodging in Edo began offering simple legal services to guests. They are known as Kujishi . In the 19th century, references began to appear in the Japanese literature on the role of "European-style" lawyers.
Officially recognized official representatives in civil courts, known as daigennin, began to appear in the mid-19th century. No legal training is required to become daigennin .
Meiji Restoration
Legal professional regulations started during the Meiji Restoration. In 1890, the Criminal Code was amended, recognizing the right to legal representation during a criminal trial. The state representatives at the trial, known as the Procurator, are prestigious as government officials. By association, it is unofficially assigned a number of official statuses to daigennin .
The government also required the establishment of bar associations in each district court, and in 1893, the Law of Lawyer was enacted, formally regulating the legal profession by setting standards for, as well as legitimizing, lawyers in the field of law.
Post World War II
The Attorney Act ( ???? , bengoshih? ) was enacted in 1949, formally establishing a lawyer's mission in law, and establishing other requirements for them in the profession.
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Legal industry
In August 2014, there were 35,031 lawyers enrolled in a bar association in Japan, which rose from 22,049 in April 2005.
Due to cultural traditions, Japan rarely uses lawsuits as a means to resolve disputes. With the advent of patent disputes and international mergers, however, Japan faces a shortage of lawyers, and the government has allowed the university to offer law degree programs, to alleviate shortcomings. The final push to produce lawyers has also been reflected in the demographics of the legal community, where 25.3% of the surveyed attorneys are accepted only in bars for less than 5 years.
Starting a salary for Japanese lawyers is usually about 10 million yen (US $ 100,000) in established law firms, and about half in Japanese firms. In-house advisor is still relatively rare in Japan, with only 770 of the 32,000 registered bengoshi working in the corporate legal department in January 2013.
Foreign law firms have been allowed to hire Japanese lawyers since 2005, and some companies such as Morrison & Foerster and White & amp; The case has built Japan's great legal practice that handles domestic problems for domestic clients. Some foreign companies are building bengoshi practices under this system, such as Linklaters and Allen & amp; Overy has since reduced or eliminated their bengoshi teams, while others like Herbert Smith Freehills chose to rely on a referral relationship with the Big Four law firm rather than compete with them using bengoshi in the company.
Qualification
With a few minor exceptions, lawyers in law are required to pass the national bar exam ( , < i> shih? shiken , lit. "legal examination") followed by one year of internship, supervised by Institute for Research and Training Law ( ????? , Shih? kensh? jo ) from the Supreme Court of Japan.
Checking bar
Prior to 2006, the bar exam consisted of three stages. The first phase, held in May, consists of 60 multiple-choice questions about constitutional law, civil law and criminal law. The second phase, held for two days in July, consists of twelve essay questions on constitutional law, civil law, criminal law, commercial law, civil procedure law and criminal procedure law. The final phase, held in October, is an oral examination of constitutional law, civil law, criminal law, civil procedure law and criminal procedure law. The final results are published in mid-November. On average, 40,000-50,000 people take the first stage, 7,000-8,000 eligible for the second phase, and only 1,500 are eligible for oral exams each year.
In 2006, new bar inspections were instituted in only two stages. The first stage is a one-day short exam on six laws as well as administrative law. The second phase is a three-day essay exam on public law, civil and criminal law, and subjects eligible for examinees (including employment law, environmental law, public international law, and private international law). In addition, legal school requirements are introduced. All bar exam participants must complete a two or three-year postgraduate program, and are limited to taking the exam within five years after graduation.
Those who have not graduated from law school can take bar exam after passing the initial qualification exam ("Yobi-Shiken"). But passing the initial exam is still a small walk and most people come from law school.
The Japanese Bar Exam is known as one of the hardest exams in the world. Although bar pass rates are getting higher after structural reforms in 2006, only about 20% of graduate law schools pass bars. Therefore, leading law schools in Japan compete against each other by reaching higher pass bar rates.
Bar association membership
In addition to passing the exam, the attorney should also be a member of the bar association ( ???? , bengoshikai ) for prefectures where the law office is located. According to a 2008 survey by the Japan Bar Association Federation (JFBA), 39.4% of all attorneys belong to three Tokyo bar associations (Tokyo Bar Association, First Tokyo Bar Association and Second Tokyo Bar Association).
Female attorney
In August 2014, there were 6,326 female lawyers in Japan accepted at the bar, which made up about 18% of Japanese lawyers.
Membership for foreign lawyers
Before World War II, qualified lawyers in foreign countries could join the Japanese bar with special permission from the Supreme Court. These people are called quasi-members ( ??? , junkaiin ) from the bar. Nothing remains in practice today.
Quasi membership was abolished by judicial reform in 1955, and was replaced by lawyers in foreign law ( ???????? ) membership in 1986. There are 384 lawyers in foreign law in Japan in August 2014.
The lawyer in Okinawa who had been accepted as a US lawyer before repatriation in 1972 was accepted as a Japanese lawyer. They are classified by the Japan Bar Association Federation (JFBA) as "Special Members in Okinawa", and nine of them are still in practice by August 2014.
Company membership
Major law firms have been organized in Tokyo, Osaka and other major cities, and have grown dramatically in recent years. Since 2002, these law firms can also join as members in their own right. They are classified by JFBA as Legal Profession Corporation ( ????? , bengoshi h? jin ) , and there are 775 law firms that join the bar in this capacity in August 2014.
See also
- Japanese judicial system
- Benrishi
- Phoenix Wright
References *
External links
- Japan Bar Federation Association
Source of the article : Wikipedia
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