Iranian Bar Associations

ATTORNEYSHIP LAW/CODE(Page 8)
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* PRACTICING ATTORNEY LAW IN JAPAN - Section 1 of 2
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* PRACTICING ATTORNEY LAW IN JAPAN - Section 1 of 2

Article 1 - 49

Refrence: http://www.nichibenren.or.jp/en/index.html

Law No. 205 of 1949 until March 31, 2004

Chapter I. The Mission and Duties of a Practicing Attorney
Article 1. (The mission of a practicing attorney)
1. A practicing attorney is entrusted with a mission to protect fundamental human rights and to realize social justice.

2. A practicing attorney shall, in keeping with the mission specified in the preceding paragraph, sincerely perform his/her duties and endeavor to maintain the social order and to improve the legal system.

Article 2. (The basic responsibility of a practicing attorney in the performance of his/her professional duties)
A practicing attorney shall strive to remain highly cultured, to build his/her fine character and be well acquainted with laws, ordinances and legal practices.

Article 3. (The functions of a practicing attorney)
1. A practicing attorney may, upon the application of a party or other interested person, or shall, upon the request of the government or a public office, perform duties relating to lawsuits, non-contentious matters, appeals against dispositions made by administrative offices by such means as a request for investigation, raising of objection or request for review, and other general legal work.

2. A practicing attorney may, without any further qualification, engage in the business of a patent attorney and/or a tax attorney.

Chapter II. Qualifications Necessary to be a Practicing Attorney
Article 4. (Qualifications of a practicing attorney)
A person who has completed the training course for a legal apprentice shall be qualified to be a practicing attorney.

Article 5. (Exceptions to qualifications of a practicing attorney for those persons who are certified by the Minister of Justice)
Notwithstanding the provisions of the preceding Article, a person, who falls within any of the following items and is certified by the Minister of Justice that he/she has completed the courses designated by the Minister of Justice that are implemented by a juridical person specified in a ministerial ordinance of the Ministry of Justice for the training of legal practices, shall be qualified to be a practicing attorney.

(1) To have been a judge of a summary court, a public prosecutor, a judicial research official, a court secretary, a secretary of the Ministry of Justice, a teacher of the Legal Research and Training Institute, the Research and Training Institute for Court Officials or of an organ dealing with the affairs concerning items (36) or (38) of Article 4 of the Ministry of Justice Establishment Law (Law No. 93 of 1999) as prescribed by Cabinet Order, a member of the House of Representatives or a member of the House of Councilors or a secretary (Sanji) of the Legislative Bureau of the House of Representatives or of the House of Councillors, a counsellor (Sanji-kan) of the Legislative Bureau of the Cabinet, or a law professors or assistant law professors at the faculty, department or graduate school majoring in law of an university or college that is admitted under the School Education Law (Law No. 22 of 1947) and has a graduate school majoring in law, for a total period of not less than five years after acquiring the qualification to be a legal apprentice;

(2) To have discharged, for a total period of not less than seven years after acquiring the qualification to be a legal apprentice, a duty dealing with any of the following affairs by utilizing his/her own professional expertise on law;

(a) Affairs on the operations of a business enterprise or business operator (excluding a national or local public entity) that he/she conducts as a director, agent, employee or staff thereof and that falls within any of the followings (provided that these affairs shall be limited to those conducted in compliance with the provision of Article 72):

(i) To produce drafts of contract or other documents to be prepared based on the result of a legal analysis concerning the rights and obligations of the business operator in its business activities;

(ii) To confirm facts or to collect evidence for court proceedings, etc. (''court proceedings, etc.'' shall mean court proceedings and similar proceedings that are specified in a ministerial ordinance of the Ministry of Justice. The same shall apply hereinafter.);

(iii) To produce complaints, petitions, responses, briefs or other documents to be submitted under court proceedings, etc. in which the assertions of the business operator are described;

(iv) To present assertions or opinions or to interrogate on hearing dates of court proceedings, etc.; or (v) To negotiate to reach a settlement resolving civil disputes, or to confirm facts or collect evidences necessary for such settlement.

(b) Affairs of national or local public entities that he/she performs as a public servant, and that falls within any of the followings:

(i) To draft laws and/or ordinances (including ordinances by local governments), to perform affairs relating to execution of treaties or other international conventions, or to engage in a review or deliberation of a bill relating to enactment, modification or repeal of ordinances by local government;

(ii) To perform affairs described in (ii) through (v) of sub-item (a) hereof; or

(iii) To perform affairs, to be handled by a person designated in a ministerial ordinance of the Ministry of Justice, that are associated with hearings, rulings (shinketsu), decisions (kettei), or other adjudications in court-like judicial proceedings specified in a ministerial ordinance of the Ministry of Justice.

(3) To have been a public prosecutor (excluding assistant prosecutor) for a period of not less than 5 years after having passed the examination set forth in Article 18, paragraph 3 of the Law on Public Prosecutors Office (Law No. 61 of 1947).

(4) where the period listed in either of sub-item (a) or (b) below (limiting to those elapsed after acquiring the qualification to be a legal apprentice with respect to the periods of having assumed particular positions as prescribed in item (1) hereof or having discharged given duties as prescribed in item (2) hereof, and also limiting to those elapsed after having passed the examination set forth in Article 18, paragraph 3 of the Law on Public Prosecutors Office with respect to the period of having assumed a particular position prescribed in the preceding item) has been longer than the years as prescribed
in the respective sub-item.

(a) The total period in which he/she has assumed the offices or positions prescribed in item (1) hereof as well as the preceding item - five years

(b) The total period that obtained after summing up the period in which he/she has assumed the office or position prescribed in item (2) hereof, together with the total period in which he/she has assumed the offices or positions prescribed in item (1) hereof as well as the preceding item - seven years

Article 5-2. (Application for certification)
1. A person who wishes to acquire a qualification to be a practicing attorney in accordance with the provisions of the preceding Article shall submit to the Minister of Justice an application for certification wherein his/her name, the date of acquiring a qualification to be a legal apprentice or having passed the examination set forth in Article 18, paragraph 3 of the Law on Public Prosecutors Office, the period of having assumed the office or position prescribed in item (1) or (3) of the preceding Article or the period of having discharged given duties prescribed in item (2) of the same Article, and other matters specified in a ministerial ordinance of the Ministry of Justice are described.

2. When submitting the application of certification mentioned in the preceding paragraph, a document certifying that the applicant has acquired a qualification to be a legal apprentice or that the applicant has passed the examination set forth in Article 18, paragraph 3 of the Law on Public Prosecutors Office, a document certifying the period of having assumed the office or position prescribed in items (1) or (3) of the preceding Article or the period of having discharged given duties prescribed in item (2) of the same Article as well as the contents of such duties, and other documents specified in a ministerial ordinance of the Ministry of Justice shall be attached thereto.

3. A person applying in accordance with the provisions of paragraph 1 shall pay the amount of the application fee that is fixed in a ministerial ordinance by taking into account the actual expenses.

Article 5-3. (Proceedings, etc. of certification)
1. Where the Minister of Justice confirms that a person applying in accordance with the provisions of paragraph 1 of the preceding Article (hereinafter referred to as the ''Applicant'' in this Chapter) falls within any item of Article 5, the Minister shall designate the training course mentioned in the same Article that the Applicant should take (hereinafter simply referred to as the ''Training Course'' in this Article) and notify the Applicant of such course in writing.

2. When the Applicant completed all programs in the Training Course, the juridical person implementing the Training Course shall without delay provide the Minister of Justice with a report describing in writing the training status of the Applicant in the Training Course (including the opinion of whether or not the Minister of Justice may certify that the Applicant has completed all programs in the Training Course).

3. Where the Minister of Justice confirms that the Applicant has completed all programs in the Training Course based on the report mentioned in the preceding paragraph, the Minister shall issue a certification set forth in Article 5 (hereinafter simply referred to as ''Certification'') with respect to the Applicant.

4. Where the Minister of Justice issues a Certification or dismissal [without prejudice] with respect to the application submitted in accordance with the provision of paragraph 1 of the preceding Article, the Minister shall notify the Applicant in writing to that effect.

Article 5-4. (Designation of Course)
1. The Minister of Justice may not issue a designation of the Training Course in accordance with the provisions of Article 5 unless the Minister confirms that the contents of the Training Course are proper and sufficient for the acquisition of the ability required to conduct legal practices.

2. The juridical person implementing the Training Course may present its opinion to the Minister of Justice with regard to the designation of the Training Course mentioned in the preceding paragraph.

3. The Minister of Justice may, to the extent necessary to ensure the proper and solid implementation of the Training Course mentioned in Article 5, require the juridical person implementing the Training Course to make necessary reports or submit information or data on the Training Course, or present necessary opinion.

Article 5-5. (Requirement of information, etc.)
Where the Minister of Justice considers it necessary for the administration of affairs relating to Certifications, the Minister may require the Applicant to submit necessary information or data, or make reference to public offices, public or private organizations or other concerned parties and require them to make reports on necessary matters.

Article 5-6. (Delegation to ministerial ordinances of the Ministry of Justice)
In addition to those set forth in this Law, necessary matters regarding the proceedings of Certification shall be stipulated in ministerial ordinances of the Ministry of Justice.

Article 6. (Exception to qualification of a practicing attorney for those persons who have served as judges of the Supreme Court) Notwithstanding the provisions of Article 4, persons who have served as judges of the Supreme Court shall be qualified to be practicing attorneys.

Article 7. (Disqualifications of a practicing attorney)
No person specified below shall be qualified to be a practicing attorney irrespective of the provisions of Articles 4 and 5 and the preceding Article:

(1) A person who has been sentenced to imprisonment or a heavier punishment;
(2) A person in respect of whom the Impeachment Court has made a decision of dismissal;

(3) A person who has been disbarred from attorneyship or disbarred from attorneyship as Gaikokuho-jimu-bengoshi or prohibited from practicing as a patent attorney or has
his/her registration as a certified public accountant struck off or has been prohibited from working as a tax attorney or discharged from his/her office as a public servant through disciplinary action until the lapse of three years since such disciplinary action was imposed;

(4) An incompetent or quasi-incompetent person; or

(5) A person who has been declared bankrupt, and has not yet been reinstated.

Chapter III. Roll of Practicing Attorneys
Article 8. (Registration of a practicing attorney)
Any person who intends to become a practicing attorney shall be required to have his/her name registered in the roll kept by the Japan Federation of Bar Associations.

Article 9. (Request for registration)

Any person who intends to become a practicing attorney shall request the Japan Federation of Bar Associations to register his/her name through the bar association which he/she intends to join.

Article 10. (Request for change of registration)
1. When a practicing attorney intends to change the bar association to which he/she belongs, he/she shall request the Japan Federation of Bar Associations to change his/her registration through the bar association which he/she intends to newly join.

2. When a practicing attorney requests the change of his/her registration, he/she shall report that fact to the bar association to which he/she currently belongs.

Article 11. (Request for rescission of registration)
When a practicing attorney intends to discontinue his/her practice, he/she shall request the Japan Federation of Bar Associations to rescind his/her registration through the bar association to which he/she belongs.

Article 12. (Refusal to transmit requests for registration or change of registration)
1. When a bar association has apprehensions that an applicant may harm the bar association's order or prestige or that he/she falls under one of the following categories and may be unfit to practice law, the said bar association may refuse to transmit his/her request for registration or change of registration, upon the decision of its Qualifications Screening Board:

(1) When the person is mentally or physically incompetent; or
(2) When the person who comes under the provisions of Article 7, item 3 makes the request after three years from the date of imposition of disciplinary action such as disbarment, prohibition to practice his/her profession, striking-off of registration, or removal.

2. The preceding paragraph shall apply to an applicant who was a full-time public servant in the district of the bar association concerned within one year prior to his/her request for registration or change of registration, when it is deemed to be manifestly inappropriate for him to practice law within the said district.

3. When a bar association refuses to transmit the request in accordance with the provisions of the preceding two paragraphs, it shall notify the person who has requested registration or change of registration of that fact and that reason in writing without delay.

4. If the bar association has failed to make the transmittal to the Japan Federation of Bar Associations three months after the request for registration or change of registration, the person who has made the said request for registration or change of registration may make a request for investigation under the Administrative Complaint Investigation Law (Law No. 160 of 1962), it being deemed that he/she was refused the transmittal of the request for registration or change of registration.

Article 12-2.
1. When the Japan Federation of Bar Associations is to make a ruling on the request for investigation under the Administrative Complaint Investigation Law (including the request for investigation under the provision of paragraph 4 of the preceding Article) with regard to the refusal to transmit the registration or change of registration under the provisions of the preceding Article, the Japan Federation of Bar Associations shall act on the basis of the decision of its Qualifications Screening Board.

2. The Japan Federation of Bar Associations shall, if it finds due reason for the request for investigation specified in the preceding paragraph, order the bar association to transmit the request for registration or change of registration.

Article 13. (Request by a bar association for rescission of registration)
1. When a practicing attorney has made a false statement on the matters specified in items 1 or 2 of the first paragraph or in the second paragraph of Article 12, the bar association may, upon the decision of its Qualifications Screening Board, request the Japan Federation of Bar Associations to rescind his/her registration.

2. When the bar association has requested the rescission as provided for in the preceding paragraph, it shall notify the practicing attorney of that fact and that reason in writing without delay.

Article 14.
1. Any person, the rescission of whose registration has been requested in accordance with the provisions of the preceding Article, may file an objection with the Japan Federation of Bar Associations within sixty days from the day next to the day on which he/she received notification thereof.

2. Where the Japan Federation of Bar Associations receives an objection as specified in the preceding paragraph, it shall, by the decision of its Qualifications Screening Board, either send back the said request for rescission of registration to the bar association if there is due reason for such objection, or reject the objection in the absence of due reason.

3. Where the Japan Federation of Bar Associations has made the disposition specified in the preceding paragraph, it shall notify the person who has filed such objection of that fact and that reason in writing without delay.

Article 15. (Refusal of registration or change of registration)
1. The Japan Federation of Bar Associations may, if there has been filed with the Federation a request for registration or change of registration from a bar association and the Federation finds it proper to refuse such request for the reasons specified in Article 12, paragraphs 1 and 2, refuse such registration or change of registration upon the decision of its Qualifications Screening Board.

2. When the Japan Federation of Bar Associations refuses registration or change of registration in accordance with the provision of the preceding paragraph, it shall notify that fact and that reason in writing without delay to the person who has requested the registration or change of registration and to the bar association which transmitted the request.

Article 16. (Institution of lawsuit)
1. A person whose request for investigation of a refusal to transmit his/her request for registration or change of registration in accordance with the provisions of Article 12 was dismissed or rejected, or whose filing of objection in accordance with the provision of Article 14, paragraph 1 was rejected, or whose request for registration or change of registration was refused in accordance with the provision
of the preceding Article, may institute a lawsuit for cancellation thereof in the Tokyo High Court.

2. Where the Japan Federation of Bar Associations has made neither a ruling nor such disposition as specified in Article 14, paragraph 2 within three months of having received the request for investigation of the refusal to transmit the request for registration or change of registration in accordance with the provision of Article 12 or the filing of objection in accordance with the provision of Article 14, paragraph 1, or where it has not effected the registration or change of registration in the roll of practicing attorneys
within three months of having received the transmission of the request for registration or change of registration, the person who made such request for investigation or filed such objection or such request for registration or change of registration may institute a lawsuit under the preceding paragraph, deeming that the said request for investigation or the said filing of objection has been rejected or the said
registration or change of registration has been refused.

3. With regard to the refusal to transmit the request for registration or change of registration, a lawsuit for cancellation shall be instituted only against the ruling made thereon by the Japan Federation of Bar Associations.

Article 17. (Reasons for rescission of registration)
The Japan Federation of Bar Associations shall rescind the registration of a practicing attorney in the following circumstances:

(1) When a practicing attorney falls under the provisions of any one of items 1 or 3 to 5, inclusive, of Article 7;

(2) When a practicing attorney has requested rescission of registration in accordance with the provision of Article 11;

(3) When it has been finally decided that a practicing attorney shall be compelled to withdraw from the association, or shall be disbarred, or his/her registration shall be rescinded in accordance with the provisions of Article 13; or

(4) When a practicing attorney dies.

Article 18. (Report on reasons for rescission of registration)
When a bar association finds due reason for the rescission of the registration of a practicing attorney on its roll of practicing attorneys, it shall report that fact without delay to the Japan Federation of Bar
Associations.

Article 19. (Notification and public notice of registration, etc.)
Upon registration, change of registration, and rescission of registration in the roll of practicing attorneys, the Japan Federation of Bar Associations shall notify without delay the bar association to which the said practicing attorney belongs, and at the same time shall publicize such registration, change of registration, or rescission of registration in the Official Gazette.

Chapter IV. The Rights and Duties of a Practicing Attorney
Article 20. (A law office)
1. The office of a practicing attorney shall be called a law office.

2. A law office shall be established within the district of the bar association to which the practicing attorney belongs.

3. No practicing attorney may establish two or more law offices under any name whatever; provided, however, that he/she may practice at the law office of another practicing attorney.

Article 21. (Duty to report on law office)
When a practicing attorney establishes or transfers his/her law office, he/she shall report that fact to the bar association concerned and to the Japan Federation of Bar Associations without delay.

Article 22. (Duty to observe articles of association)
A practicing attorney shall observe the articles of association of the bar association to which he/she belongs and those of the Japan Federation of Bar Associations.

Article 23. (Right and duty to maintain secrecy)
A practicing attorney or a person who was previously a practicing attorney shall have the right and duty to maintain the secrecy of any facts which he/she came to know in the performance of his/her profession; provided, however, that this shall not apply when otherwise provided for by any law.

Article 23-2. (Request to provide information)
1. A practicing attorney may, with regard to the cases with which he/she is entrusted, apply to the bar association to which he/she belongs to make inquiries about certain matters from public offices or public or private organizations and request them to provide necessary information. The bar association may, upon the receipt of the application, reject it if it deems it inappropriate.

2. The bar association may, upon the application specified in the preceding paragraph, request public offices or public or private organizations to provide necessary information.

Article 24. (Duty to perform entrusted matters, etc.)
A practicing attorney shall not refuse, without due reason, to undertake matters at the request of the government or public offices in accordance with the provisions of laws and ordinances, or to undertake the matters designated by the bar association to which he/she belongs or by the Japan Federation of Bar Associations in accordance with the provisions of their articles of association.

Article 25. (Cases that a practicing attorney may not undertake)
A practicing attorney shall not undertake the cases specified below; provided, however, that so far as the cases specified in items 3 and 9 are concerned, he/she may do so if the clients whose cases are already in his/her charge have consented thereto.

(1) Cases in which he/she supported the adverse party in the consultation requested, or accepted the adverse party as his/her client;

(2) Cases in which he/she was consulted by the adverse party and the extent and form of the consultation was such that it could be considered as being based on the lawyer-client
relationship of mutual trust;

(3) Any other case he/she is requested to undertake by the adverse party to the case he/she has already undertaken;

(4) Cases that he/she handled as a public servant in the course of his/her duties;

(5) Cases that he/she handled as an arbitrator in arbitration procedures;

(6) Cases in which the corporation defined in Article 30-2, paragraph 1 supported the adverse party in the consultation requested or accepted the adverse party as its client, and in which he/she was engaged as a partner of or practicing attorney employed by said corporation;

(7) Cases in which the corporation defined in Article 30-2, paragraph 1 was consulted by the adverse party and the extent and form of the consultation was such that it could be considered as being based on the lawyer-client relationship of mutual trust, and in which he/she was engaged as a partner
of or practicing attorney employed by said corporation;

(8) Cases that have already been undertaken for the adverse party thereto by the corporation defined in
Article 30-2, paragraph 1 of which he/she is a partner or employee; or (9) Any other case that the corporation defined in Article 30-2, paragraph 1, of which he/she is a partner or employee, is
requested to undertake by the adverse party to the case said corporation has already undertaken (and he/she is engaged in).

Article 26. (Prohibition of corruption)
A practicing attorney shall not receive, demand, or promise to receive any benefits from the adverse party in connection with the cases in his/her charge.

Article 27. (Prohibition against acting together with persons who are non-lawyers)
A practicing attorney shall neither undertake any cases introduced by any person who violates any of the provisions of Articles 72 to 74 inclusive, nor allow such person to make use of his/her name.

Article 28. (Prohibition against obtaining of any right in dispute)
A practicing attorney shall not obtain any right in dispute.

Article 29. (Duty to notify decision not to undertake a case)
When a practicing attorney decides not to undertake a case, he/she shall notify the client of that fact without delay.

Article 30. (Notification, etc. of profit-making business)
1. In cases specified in the items below, a practicing attorney shall submit in advance a notification describing the matters set forth in the respective item to the bar association to which he/she belong.

(i) Where he/she intends to operate by himself/herself a business aiming to make profit - the trade name and the contents of the business

(ii) Where he/she intends to become a director, operating officer or other directors in charge of executing business activities (''Directors, etc.'') or employees of a person operating profit-making business - the trade name or name of the person operating profit-making business, the address of the head office or principal office, the contents of the business, and the name of the title if he/she intends
to become a Director, etc.

2. The bar association shall produce a registry of practicing attorneys engaging in profit-making businesses describing, for each practicing attorney who has submitted a notification in accordance with the provision of the preceding paragraph, the matters as set forth in the respective item of the same paragraph, and place the same registry at the office of the bar association to make it available for public inspection.

3. A person having submitted a notification in accordance with the provision of paragraph 1 hereof shall, where any change has occurred to the notified matters, notify the bar association to which he/she belong of such change without delay. The same shall apply to cases where he/she has demised the notified business or where he/she has no longer served as the notified director or employee.

4. Where a notification is submitted in accordance with the provision of the preceding paragraph, the bar association shall without delay modify the description of the registry of practicing attorneys engaging in profit-making businesses, or delete the relevant description.

Chapter IV-II. Legal Profession Corporation
Article 30-2. (Establishment, etc.)
1. Practicing attorneys may establish a corporation to perform the duties set forth in Article 3 (hereinafter referred to as a ''Legal Profession Corporation'') in accordance with the provisions of this chapter.

2. The provisions of Article 1 shall be applied mutatis mutandis to Legal Profession Corporations.

Article 30-3. (Name)
A Legal Profession Corporation shall use the word ''legal profession corporation'' in its name.

Article 30-4. (Eligibility for partnership)
1. The partners of a Legal Profession Corporation shall be practicing attorneys.

2. The persons described below shall not be eligible for partnership in a Legal Profession Corporation.

(1) Any person who is punished with suspension from the practice of law under Article 56 or 60, which is still effective; or

(2) Any person who was a partner of a Legal Profession Corporation disbarred or punished with suspension from the practice of law under Article 56 or 60 within 30 days prior to the date of such disciplinary action taken less than three years ago (or which is still effective, in the case of suspension).

Article 30-5. (Scope of activity)
In addition to the duties set forth in Article 3, a Legal Profession Corporation may, by making provisions in its articles of incorporation, practice all or part of the matters designated in a Justice Ministry Ordinance as those that may be practiced by a practicing attorney in accordance with the relevant laws and regulations.

Article 30-6. (Handling of affairs related to litigation)
1. For the affairs described below, a Legal Profession Corporation shall undertake for the client the work to be assigned to practicing attorneys who are its partners or employees (hereinafter referred to as ''Partners, etc.''). In this case, the Legal Profession Corporation shall permit the client to appoint his/her representative, defense counsel, attendant, or assistant from among its Partners, etc.

(1) Representation or assistance in procedures for court cases (other than criminal ones); or
(2) Representation in procedures for criminal cases, service as a defense counsel in criminal cases, activities as an attendant in cases of protection of a juvenile, or assistance in cases of application
for review of extradition

2. The Legal Profession Corporation shall not be relieved of liability to the client for damage incurred in connection with the affairs set forth in the preceding paragraph, unless it proves that the Partners, etc. used due care in practicing law.

Article 30-7. (Registration)
1. All Legal Profession Corporations shall be registered pursuant to the relevant Cabinet Order.
2. Matters required to be registered under the preceding paragraph shall not provide defense against third parties unless they are so registered.

Article 30-8. (Establishment procedure)
1. To establish a Legal Profession Corporation, the practicing attorneys who intend to be partners thereof shall execute articles of incorporation.

2. The provisions of Article 167 of the Commercial Code (Law No. 48 of 1899) shall be applied mutatis mutandis to the articles of incorporation of a Legal Profession Corporation.

3. The articles of incorporation of a Legal Profession Corporation shall state, as a minimum requirement, the following:

(1) The purpose of the establishment of the Legal Profession Corporation;
(2) The name of the Legal Profession Corporation;
(3) The location of the law office;
(4) The bar association to which the Legal Profession Corporation belongs;
(5) The names and addresses of the partners and the bar associations; to which they belong;
(6) Matters concerning capital contribution by the partners; and
(7) Matters concerning the practice of law.

Article 30-9. (Time of formation)
A Legal Profession Corporation shall be formed upon registration of its establishment at the location of its principal law office.

Article 30-10. (Notice of formation)
A Legal Profession Corporation shall, within two weeks from the date of formation, provide notice of formation to the bar association to which it belongs and the Japan Federation of Bar Associations, together with a certified copy of the register and a copy of its articles of incorporation.

Article 30-11. (Change in the articles of incorporation)
A Legal Profession Corporation shall notify the bar association to which it belongs and the Japan Federation of Bar Associations of any change in its articles of incorporation within two weeks from the date of the change.

Article 30-12. (Operation of activities)
All members of a Legal Profession Corporation shall have the right and obligation to operate its activities unless otherwise specified in the articles of incorporation.

Article 30-13. (Representative of a Legal Profession Corporation)
1. Each of the partners of a Legal Profession Corporation who operates its activities shall represent it.
2. The provisions of the preceding paragraph shall not preclude the Legal Profession Corporation from appointing, in accordance with its articles of incorporation or with the consent of all partners, one or more of the partners operating its activities to represent it.

Article 30-14. (Designated member)
1. A Legal Profession Corporation may designate a certain partner to handle a specified case.
2. For a case subject to designation under the preceding paragraph (hereinafter referred to as a ''Specified Case''), only the designated partner (hereinafter referred to as a ''Designated Partner'') shall have the right and obligation to operate the activities.

3. Notwithstanding the provisions of the preceding article, only the Designated Partner shall represent the Legal Profession Corporation with respect to the Specified Case.

4. The Legal Profession Corporation shall, if it makes designation under paragraph 1, notify the client in the Specified Case of such designation, in writing.

5. The client may request that the Legal Profession Corporation clarify its intention to make or not make designation under paragraph 1 for cases that the client has requested it to undertake, within such a reasonable period of time as specified by the client. In such a case, if the Legal Profession Corporation fails to provide notification as provided in the preceding paragraph within such period, it may not make such designation thereafter; provided, however, that the Legal Profession Corporation shall not be precluded from making such designation with the consent of the client.

6. If the Designated Partner becomes unavailable for any reason before the assigned work undertaken for the Specified Case is accomplished, the Legal Profession Corporation shall make a new designation. Failing such designation, the Legal Profession Corporation shall be deemed to have designated
all of its partners to handle the Specified Case.

7. When a Legal Profession Corporation that has only one partner is requested to undertake a case, it shall be deemed to have designated that partner to handle the case.

Article 30-15. (Partner's liability)
1. If the liabilities of a Legal Profession Corporation cannot be paid off using only its assets, all partners shall be jointly liable for payment.

2. The preceding paragraph shall also apply where attachment of the assets of a Legal Profession Corporation does not produce the intended effect.

3. The provisions of the preceding paragraph shall not apply in cases in which the partners prove that the Legal Profession Corporation has sufficient means and the attachment is easily achieved.

4. In cases in which designation has been made under paragraph 1 of the preceding article and notification has been provided pursuant to paragraph 4 (including cases in which such designation is deemed to have been made under paragraph 6 or 7), if the liabilities of the Legal Profession Corporation to the client with respect to the Specified Case cannot be paid off using only its assets, then, notwithstanding the provisions of paragraph 1, the Designated Partners (which shall include those who were formerly Designated Partners, the definition of which shall be effective in this article.) shall be jointly liable for payment; provided, however, that this shall not apply to any Designated Partner who withdrew from the Legal Profession Corporation and proves that such liabilities were incurred in connection with an incident occurring after his/her withdrawal.

5. In the case described in the preceding paragraph, if attachment of the assets of the Legal Profession Corporation based on the client's claims with respect to the Specified Case does not produce the intended effect, the provisions of the preceding paragraph shall also apply, except where
the Designated Partners prove that the Legal Profession Corporation has sufficient means and the attachment is easily achieved.

6. In the case described in paragraph 4, if a partner who is not a Designated Partner is engaged in duties related to the Specified Case before or after such designation is made, he/she shall assume liability coextensive in scope with that which the Designated Partners assume under the provisions of the preceding two paragraphs, except where he/she proves that he/she used due care while so engaged. The same shall also apply after he/she withdraws from the Legal Profession Corporation.

7. The provisions of Article 93 of the Commercial Code shall be applied mutatis mutandis to withdrawal of the partners of a Legal Profession Corporation. However, the provisions of paragraphs 1 and 2 thereof shall not be applied mutates mutandis to the liabilities that the Legal Profession Corporation must pay to the client with respect to the Specified Case in the case described in paragraph 4.

Article 30-16. (Full-time service)
A Legal Profession Corporation shall assign, on a full-time basis, a partner to each law office who shall be a member of the bar association for the region in which the law office is located (if there are two or
more bar associations in that region, then the one to which the Legal Profession Corporation belongs, the definition of which shall be effective in this article). However, for a secondary law office, such assignment is not required if the bar association for the region in which said law office is located so permits, taking into consideration the distribution of practicing attorneys in the neighborhood of said law
office and other factors.

Article 30-17. (Restriction on practice of law for certain cases)
A Legal Profession Corporation shall not undertake the cases specified below; provided, however, that so far as the case specified in item 3 is concerned, it may do so if a client whose case is already in his/her charge has consented thereto.

(1) Cases in which the corporation supported the adverse party in the consultation requested, or accepted the adverse party as its client;

(2) Cases in which the corporation was consulted by the adverse party and the extent and form of the consultation was such that it could be considered as being based on the lawyer-client
relationship of mutual trust;

(3) Any other case the corporation is requested to undertake by the adverse party to the case it has already undertaken;

(4) Cases that the Partners, etc. have already undertaken for the adverse party; or

(5) Cases specified in Article 25, items 1 through 7 in which one-half or more of the corporation's partners shall not be engaged.

Article 30-18. (Prohibition on joining another Legal Profession Corporation, etc.)
1. The partners of a Legal Profession Corporation shall not become partners of another Legal Profession Corporation.

2. No partner of a Legal Profession Corporation shall, without the approval of the other partners, perform any undertaking within the scope of the corporation's activities for his/her own or a third party's benefit. However, the same shall not apply where he/she handles specific matters at the request of the government or public offices under the relevant laws and regulations.

Article 30-19. (Prohibition of bribery by the Partners, etc. of a Legal Profession Corporation)
1. The Partners, etc. of a Legal Profession Corporation shall not, in respect of any case that the corporation has undertaken, receive or demand benefit from or promise to give benefit to the adverse party.

2. The Partners, etc. of a Legal Profession Corporation shall not, in respect of any case that the corporation has undertaken, cause or request the adverse party to give benefit to or promise benefit from the corporation.

Article 30-20. (Application mutatis mutandis of provisions for the obligations, etc. of a practicing attorney)
The provisions of Article 20, paragraphs 1 and 2, Articles 21, 22, 23-2, 24, and 27 through 29 shall be applied mutatis mutandis to Legal Profession Corporations.

Article 30-21. (Statutory withdrawal)
A partner of a Legal Profession Corporation shall withdraw from the corporation in any of the following cases:

(1) Any of the reasons prescribed in the articles of incorporation applies;
(2) All members consent to his/her withdrawal;
(3) He/she dies;
(4) He/she falls under Article 7, item 1, 3, 4, or 5;
(5) He/she applies for the rescission of his/her registration under Article 11;

(6) He/she becomes subject to any of the actions specified in Article 57, paragraph 1, items 2 through 4, or a request made under Article 13, paragraph 1 for the rescission of his/her registration is irrevocably approved; or

(7) He/she is disbarred under Article 86, paragraph 1 of the Commercial Code as applied mutatis mutandis in Article 30-27, paragraph 5.

Article 30-22. (Dissolution)
1. A Legal Profession Corporation shall be dissolved in any of the following cases:
(1) Any of the reasons prescribed in the articles of incorporation applies;
(2) All members consent to dissolution;
(3) It merges with another Legal Profession Corporation;

(4) It goes bankrupt;
(5) A judgment ordering its dissolution is made;
(6) It is disbarred under Article 56 or 60; or
(7) It lacks partners.

2. If a Legal Profession Corporation is dissolved for any reason other than those specified in items 3 and 6 of the preceding paragraph, it shall provide notification thereof to the bar association to which it belongs and the Japan Federation of Bar Associations, within two weeks from the date of
dissolution.

Article 30-23. (Continuation of a Legal Profession Corporation)
If and to the extent that a Legal Profession Corporation falls under item 7 of paragraph 1 of the preceding article due to the death of a partner, the liquidator may continue the corporation by admitting a new partner into the corporation with the consent of the heir to that partner (or, if a person is appointed to exercise the rights of that partner under Article 144 of the Commercial Code as applied mutatis mutandis in Article 30-27, paragraph 7, then with the consent of such person).

Article 30-24. (Judgment ordering dissolution)
1. The provisions of Articles 58, 59, and 112 of the Commercial Code shall be applied mutatis mutandis to the dissolution of Legal Profession Corporations. In such a case, ''stockholders'' as used in
Article 58, and Article 59, paragraph 1 shall be read as ''partners.''

2. If the Minister of Justice intends to seek an order for dissolution under Article 58, paragraph 1 of the Commercial Code as applied mutatis mutandis in the preceding paragraph, he/she shall give the Japan Federation of Bar Associations a prior hearing.

Article 30-25. (Liquidation)
1. The liquidator of a Legal Profession Corporation shall be a practicing attorney.

2. Upon completion of liquidation, the liquidator shall, immediately upon registration of the completion of liquidation, provide notification thereof to the bar association to which the Legal Profession Corporation
belongs and the Japan Federation of Bar Associations, together with a certified copy of the register.

Article 30-26. (Merger)
1. A Legal Profession Corporation may merge with another Legal Profession Corporation with the consent of all members.

2. A merger between Legal Profession Corporations shall take effect upon registration by the Legal Profession Corporation surviving the merger or newly created through the merger, at the location of its principal law office.

3. Any Legal Profession Corporation that carries out a merger shall, within two weeks from the date of the merger, provide notification thereof to the bar association to which it belongs and the Japan Federation of Bar Associations, together with a certified copy of the register (and a copy of the articles of incorporation in the case of a new Legal Profession Corporation created through a merger).

Article 30-27. (Application mutatis mutandis, etc. of the Civil Code)
1. The provisions of Articles 50, 55, 81, and 82 of the Civil Code (Law No. 89 of 1896) and Article 35, paragraph 2, Article 36, Article 126, paragraph 1, Articles 134 through 135-5, 135-8, 136-2, 137, 138, and 138-3 of the Law concerning Procedures for Non-Contentious Matters (Law No. 14 of 1898) shall be applied mutatis mutandis to Legal Profession Corporations. In such a case, ''government agency supervising the activities of the company'' as used in Article 135-25, paragraph 2 which is applied mutatis mutandis to Article 136-2 shall be read as ''the Japan Federation of Bar Associations.''

2. The provisions of Articles 32, 33, and 34 through 36 of the Commercial Code shall be applied mutatis mutandis to the books and other documents of Legal Profession Corporations. In such a case, ''enter or record'' as used in Article 33, paragraph 1 shall be read as ''enter,'' ''if a balance sheet is prepared in writing'' as used in paragraph 3 of said article as ''a balance sheet,'' ''if a balance sheet is prepared in writing'' as used in paragraph 4 of said article as ''in a balance sheet,'' and ''to be entered or recorded'' as used in Article 34 as ''to be entered.''

3. The provisions of Articles 68, 69, 72, 73, and 75 of the Commercial Code shall be applied mutatis mutandis to the internal relationships of Legal Profession Corporations.

4. The provisions of Articles 77 through 79 and 81 through 83 of the Commercial Code shall be applied mutatis mutandis to the external relationships of Legal Profession Corporations.

5. The provisions of Article 84, Article 86, paragraphs 1 and 2 (to the extent that they relate to disbarment and loss of the representation right), and Articles 87 through 92 of the Commercial Code shall be applied mutatis mutandis to the withdrawal of partners of a Legal Profession Corporation. In such a case, ''Article 74, paragraph 1'' as used in Article 86, paragraph 1, item 2 shall be read as ''Article 30-18 of the Practicing Attorney Law.''

6. The provisions of Articles 100, 103 through 106, and 109 through 111 of the Commercial Code shall be applied mutates mutandis to mergers between Legal Profession Corporations.

7. The provisions of Articles 116 through 119, 120 through 122, Article 124, paragraphs 1 and 2, Articles 125, 126, 128 through 133 (except for Article 130, paragraphs 2 and 3), 134-2 through 136, 138, and 143 through 145 of the Commercial Code shall be applied mutatis mutandis to the liquidation of Legal Profession Corporations. In such a case, ''Article 94, item 4 or 6'' as used in Article 117 and Article 122, paragraph 2 shall be read as ''Article 30-22, paragraph 1, items 5 through 7 of the Practicing Attorney Law,'' and ''Article 80'' as used in Article 145, paragraph 1 as ''Article 30-15 of the Practicing Attorney Law.''

8. For the purpose of Article 127 of the Bankruptcy Law (Law No. 71 of 1922), a Legal Profession Corporation shall be deemed to be a general partnership.

Chapter V. Bar Associations
Article 31. (Object and legal personality)
1. It shall be the object of a bar association, in view of the mission and duties of practicing attorneys and Legal Profession Corporations, to manage matters relating to the guidance, liaison, and supervision of members in order to maintain their dignity and improve and advance their work.
2. A bar association shall be a juristic person.

Article 32. (District of establishment)
A bar association shall be established in the district of jurisdiction of each district court.

Article 33. (Articles of association)
1. A bar association shall formulate its articles of association with the approval of the Japan Federation of Bar Associations.

2. The following matters shall be stipulated in the articles of association of a bar association:
(1) Name of the bar association and location of its office;
(2) Rules pertaining to the selection, structure and powers of its president, vice-presidents and other officers and organs;

(3) Rules pertaining to admission of membership in or withdrawal from the association;
(4) Rules pertaining to the Qualifications Screening Board;
(5) Rules pertaining to the meetings in the bar association;

(6) Rules pertaining to the transmittal of requests for registration, change of registration and rescission
of registration in the roll of practicing attorneys, and also requests for rescission of registration as
specified in Article 13;
(7) Rules pertaining to the practicing attorneys' ethics and maintenance of discipline of its members;

(8) Rules pertaining to disciplinary matters, the Disciplinary Actions Committee and the Discipline Maintenance Committee;
(9) Rules pertaining to legal aid to be provided to indigent persons;

(10) Rules pertaining to the recommendation of practicing attorneys to the government and public offices, etc.;
(11) Rules pertaining to the training of legal apprentices;
(12) Rules pertaining to settlement of disputes in connection with its members' profession;
(13) Rules pertaining to proposals and replies to the Japan Federation of Bar Associations, the government, or public offices;

(14) Rules pertaining to notification of profit-making business, and the registry of practicing attorneys engaging in profit-making businesses;
(15) Rules pertaining to membership fees; and
(16) Rules pertaining to accounts and assets.

3. Any amendment in the matters stipulated in the preceding paragraph shall be subject to the approval of the Japan Federation of Bar Associations.

Article 34. (Registration)
1. A bar association shall come into existence upon the registration of its establishment in its area.
2. The following matters shall be included in the registration of establishment of a bar association:
(1) Name;
(2) Name and jurisdiction of the district court which is the basis of its establishment;
(3) Place of its office; and
(4) Full names and addresses of its president and vice- presidents.

3. When a bar association is dissolved, it shall register its dissolution within two weeks.
4. Any change in the matters specified in paragraph 2 of this Article shall be registered within two weeks.
5. Matters that shall be registered by a bar association cannot be set up against a third party until and unless they have been registered.

6. The necessary matters concerning the registration procedures of bar associations shall, except as stipulated in this Law, be stipulated by Cabinet Orders.

Article 35. (President and vice-presidents)
1. A representative of a bar association shall be the president thereof.
2. In the case of any accident or vacancy in the office of president, the vice-president shall temporarily perform the functions of the president stipulated in this Law and in the articles of association of the bar association.

3. In the application of criminal punishments stipulated under the Criminal Law or other laws, the president and vice-presidents shall be deemed to be officials engaging in public duties under the provisions of laws and ordinances.

Article 36. (Admission and withdrawal)
1. A person who has registered, or who has made a change of registration in the roll of practicing attorneys, shall automatically become a member of the bar association in which he/she intends to join, and in the case of changing his/her registration, he/she shall thereby automatically withdraw from the bar association to which he/she previously belonged.

2. A person whose registration has been rescinded upon the request stipulated in Article 11 shall automatically withdraw from the bar association to which he/she belongs.

Article 36-2. (Admission and withdrawal of a Legal Profession Corporation)
1. A Legal Profession Corporation shall, upon its formation, become a member of the bar association for the region in which its principal law office is located (if there are two or more bar associations in that region, the one that is specified in the Legal Profession Corporation's articles of incorporation).

2. Any Legal Profession Corporation that establishes a new law office outside, or removes its existing law office from, the region covered by the bar association to which it belongs shall, upon registration of establishment or relocation at the location of such new or relocated law office, become a member of the bar association for the region in which such new or relocated law office is located (if there are two or more bar associations in that region, then the one that is specified in its articles of incorporation).

3. Any Legal Profession Corporation that no longer has a law office in the region covered by the bar association to which it belongs due to relocation or closing shall, upon registration of relocation or closing at the former location of that office, withdraw from the association.

4. A Legal Profession Corporation may change its bar association by modifying its articles of incorporation accordingly, provided that there are two or more bar associations in the region in which its law office is located.

5. No Legal Profession Corporation may belong to two or more bar associations in the same region.
6. Any Legal Profession Corporation that gains new bar-association membership under paragraph 2 or 4 shall, within two weeks from the date of such acquisition, provide notification thereof to that bar association and the Japan Federation of Bar Associations, together with a certified copy of the register and a copy of its articles of incorporation.

7. Any Legal Profession Corporation that resigns its bar-association membership under paragraph 3 or 4 shall, within two weeks from the date of such resignation, provide notification thereof to that bar association and the Japan Federation of Bar Associations.

Article 37. (General meeting)
1. A bar association shall hold an ordinary general meeting every year.
2. A bar association may convene an extraordinary general meeting when it deems it necessary.

Article 38. (Report on resolutions, etc. of general meeting)
A bar association shall report to the Japan Federation of Bar Associations on resolutions adopted by its general meeting, on its officers' taking office and on their retirement.

Article 39. (Matters requiring a resolution of a general meeting)
Any amendment of the articles of association, its budgets and settlement of accounts shall be approved by a resolution of its general meeting.

Article 40. (Rescission of the resolution of a general meeting)
When any resolution adopted at the general meeting of a bar association adversely affects the public interest or violates the provisions of any laws, ordinances or the articles of association of the said bar
association or of the Japan Federation of Bar Associations, the latter may rescind such resolution.

Article 41. (Mediation of disputes)
A bar association may, upon request of a practicing attorney, Legal Profession Corporation, the party in question, or other interested person, mediate any dispute regarding the duties of the practicing
attorney or the activities of the Legal Profession Corporation.

Article 42. (Replies and proposals)
1. A bar association shall reply to inquiries and requests for consultation from the Japan Federation of Bar Associations.
2. A bar association may present its proposals, or make its reply to a request for consultation, to the government or public offices regarding the professional affairs of practicing attorneys and Legal Profession Corporations, and other judicial affairs.

Article 43. (Merger and dissolution)
1. Where the jurisdiction of a district court is altered and consequently it becomes necessary for a bar association within such district to merge or dissolve, said bar association shall merge or dissolve by means of a resolution of its general meeting.

2. The provisions of Articles 100 and 103 of the Commercial Code shall be applied mutatis mutandis to mergers between bar associations, and the provisions of Articles 73 through 76, 78 through 80, and 82 of the Civil Code and Articles 26 and 27 of the Civil Code Enforcement Law (Law No. 11 of 1898) shall be applied mutatis mutandis to the dissolution of bar associations.

3. Where there is a merger of bar associations, practicing attorneys who were members of the bar association which was dissolved on account of the said merger shall automatically
become members of the bar association which coutinues to exist after the merger or is newly established as a result of the merger.

4. The provision of Article 10, paragraph 1 shall apply mutates mutandis in the case specified in the preceding paragraph.

Article 44. (A federation of bar associations)
Bar associations situated in an area within the jurisdiction of the same high court may, for the purpose of jointly performing specific matters, formulate rules and establish a federation of bar associations with the
approval of the Japan Federation of Bar Associations.

Chapter VI. The Japan Federation of Bar Associations

Article 45. (Establishment, object, and legal personality)
1. All bar associations in the country shall together constitute the Japan Federation of Bar Associations.
2. The object of the Japan Federation of Bar Associations shall be, in view of the mission and duties of practicing attorneys and Legal Profession Corporations, to manage matters relating to the guidance, liaison, and supervision of practicing attorneys, Legal Profession Corporations, and bar associations, in order to maintain their dignity and improve and advance the work of practicing attorneys and
Legal Profession Corporations.

3. The Japan Federation of Bar Associations shall be a juristic person.

Article 46. (Articles of association)
1. The Japan Federation of Bar Associations shall formulate its articles of association.
2. The following matters shall be stipulated in the articles of association of the Japan Federation of Bar Associations.

(1) Matters specified in items 1 to 5 inclusive, 7 to 11 inclusive, 13, 15 and 16 of paragraph 2 of Article 33;
(2) Provisions regarding registration, change and rescission of registration in the roll of practicing
attorneys; and
(3) Provisions regarding the Board of Discipline Review.

Article 47. (Membership)
Practicing attorneys, Legal Profession Corporations, and bar associations shall automatically become members of the Japan Federation of Bar Associations.

Article 48. (Request for investigation)
The Japan Federation of Bar Associations may request that the government and public offices investigate necessary matters relating to its functions concerning the guidance, liaison, and supervision of practicing attorneys, Legal Profession Corporations, and bar associations.

Article 49. (Powers of the Supreme Court)
The Supreme Court may, when it deems necessary, demand that the Japan Federation of Bar Associations report on its affairs, or request that it investigate matters regarding practicing attorneys, Legal Profession Corporations, and bar associations.

Article 49-2. (Restriction on the filing of complaints)
No complaint under the Administrative Complaint Investigation Law can be filed against the dispositions made by the Japan Federation of Bar Associations in accordance with this Law.
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