Iranian Bar Associations

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Main Index
Index:

  * Japan Federation of Bar Associations
section 1 of 2
  * Japan Federation of Bar Associations
section 2 of 2
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  * Japan Federation of Bar Associations
section 1 of 2

Japan Federation of Bar Associations

www. nichibenren.or.jp
international@nichibenren.or.jp

Outline of the Japan Federation of Bar Associations (JFBA)
(As of September 6, 2007)

1.        Formal name
The Japan Federation of Bar Associations
(Nihon Bengoshi Rengokai)

2.        Date of establishment
        September 1, 1949

3.        Objective
As a source of protection of fundamental human rights and of realization of social justice (Article 2, Articles of Association) to maintain the roll of attorneys (Article 8, Practicing Attorney Law, the ''Law''), and in view of the purpose and duties of attorneys, to govern matters relating to the guidance, liaison and supervision of all attorneys and bar associations in order to maintain their dignity and improve and advance the work of attorneys. (Article 45, Paragraph 2 of the Law)

4.        Address
1 - 3 Kasumigaseki 1 - chome,
Chiyoda-ku,
Tokyo 100-0013,
Japan

Tel : 03(3580)9841
Fax : 03(3580)2866

5.        Categories of membership and their number

Local Bar Associations        - 52
Member Attorneys        - 24,302        (incl. 3,423 female members-14.09%)
Quasi-members        - 4        (incl. 1 Quasi-members in Okinawa)
Special Members in Okinawa        - 11
Gaikokuho-jimu-bengoshi        - 264
Legal Profession Corporation        - 246

(1)        In accordance with Article 47 of the Law, practicing attorneys and bar associations shall automatically become members of the JFBA.

(2)        A bar association shall be established in the district of jurisdiction of each district court (Article 32 of the Law). However, there are three bar associations in Tokyo as exception (Article 89, paragraph 1 of the Law).

(3)         An attorney becomes a member of the JFBA at the same time with registrating at the local bar association.

6.        Organization
(1)         Legislative Body
General Meeting        (consists of all members, held annually)
House of Delegates        (consists of 649 delegates appointed by the local bar associations, held annually)

Board of Governors        (consists of the President and 13 Vice Presidents and 71 Governors, held monthly)

Board of Executive Governors        (consists of President, Vice Presidents, and Executive Governors elected from among the Governors, held monthly)

(2)        Executive Body-Officers
        1 President        (elected by all members directly, 2-year term)
        13 Vice Presidents        (elected by House of Delegates, 1-year term)
        71 Governors        (elected by House of Delegates, 1-year term)
        Executive Governors        (elected from among the Governors, 1-year term)

(3)         Auditing body
        5 Auditors        (elected by House of Delegates, 1-year term)

*Committees and their number
(1)        Committees established by Practicing Attorney Law (4)
        Qualifications Screening Board (Article 51)
        Disciplinary Actions Committee (Article 65)
        Discipline Maintenance Committee (Article 70)
        Complainants' Grievance Panel (Article 71)

(2)        Committees established by Special Measures Law concerning the Handling of Legal Business by Foreign Lawyers (3)
        The Gaikokuho-Jimu-Bengoshi Registration Screening Board (Article 38)
        The Gaikokuho-Jimu-Bengoshi Disciplinary Actions Committee (Article 56)
        The Gaikokuho-Jimu-Bengoshi Discipline Maintenance Committee (Article 58)

(3)        Standing Committees established by the Article of Association of the JFBA (5)

(4)        Special Committees established by resolution of Board of Governors (approx. 74)

*Secretariat
Secretary General         -1         (an attorney)
Deputy Secretary Generals         -6        (5 attorneys and an officer)
Administrative Staff         -129
Staff Attorneys         -57

7.        Financial Basis of the Federation
To persist in the principle of autonomy by attorneys, the Federation meets its expenses by revenue obtained mostly from membership dues without subsidy from the state.
(1)        Membership dues         -14,000yen per month

Special membership dues
- Emergency Fund for Duty Attorney System        - 4,200yen per month
- Fund for Correcting Local Shortages of Attorneys        - 1,400yen per month

(2)        Total budget for 2007        - - 4,964,235,498yen

8.        Major Regular Meetings

*General Meeting - held every May to deliberate the resolution of budgets and the approval of financial statements, revision of the Articles of Association and approval of basic annual policies. It also bestows official recognition on those members who have practised law for more than fifty years.

*Conventions on Protection of Human Rights - held every October to promote research and study on human rights and to discuss a diverse range of subjects.

*Judicial Symposium - held biennially to further develop democratic values within the judicial system and to conduct research on various problems related to the judicial system.

*Symposium on Legal Practice Reform - held biennially to study and research the expansion and development of new legal practice areas.

9.        Periodical publications
''Jiyu to Seigi'' (Liberty & Justice)        [Monthly]
''Nichibenren Shimbun'' (The Federation's Newsletter)        [Monthly]
''Nichibenren News'' (Fax News)        [As required]

10.        Federation of Bar Associations (Bengoshikai Rengokai)
Local Bar Associations in a district of jurisdiction of each high court established 8 Federations of Bar Associations in all to cope with specific issues together.

11.        Extra?departmental body
JFBA Traffic Accident Consultation Center
Japan Attorneys National Pension Fund
Japan Law Foundation
Japan Intellectual Property Arbitration Center

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Introduction
The Japan Federation of Bar Associations (JFBA) is an autonomous body comprised of the 52 bar associations in Japan, their individual members and the legal profession corporations. Founded in 1949, the JFBA self-regulates the legal profession and strives to further the primary role of practicing attorneys in society: the protection of fundamental human rights and the realization of social justice.

Aiming for a judicial system that is familiar, open and accessible to the public, the JFBA has been engaged in the reform of the judicial system. Its various committees are dedicated to assisting victims of oppression and discrimination, protecting the environment, promoting legal reforms, improving legal practice and encouraging public service by attorneys.

In today's international society, the JFBA is increasingly interacting with other bar associations throughout the world.
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Profile of the JFBA

1.        History
        History of the Legal Profession up to the Establishment of the JFBA
The first formal regulation of attorneys (bengoshi) in Japan can be traced to February 1876, when the Attorney Rules (Daigen-nin Kisoku) were promulgated. At that time, Daigen-nin, as attorneys were then called, enjoyed a special status or prerogative to represent clients in court, subject to strict supervision by public prosecutors. In 1893, the first Practicing Attorney Law was enacted, which limited the scope of attorneys' practice to courtroom work. This law also established a qualifying examination for attorneys and provided for the registration of attorneys in each district court jurisdiction. Local bar associations were also established but were subject to the overall supervision of the Chief District Public Prosecutors. In 1933, amendments to the Practicing Attorney Law expanded the scope of the attorneys' practice to a much wider range of legal work. Under the amended law, bar associations remained under the control of the Minister of Justice.
In 1946, the present Japanese Constitution, with its guiding principles of guaranteed fundamental human rights, democracy (popular sovereignty) and pacifism, was adopted, bringing with it a historic transformation in the attorney's role. The current Practicing Attorney Law, enacted in 1949 after the establishment of the Constitution, transferred control of attorneys from the Minister of Justice to the JFBA and bar associations. It defined the mission of attorneys as the protection of fundamental human rights and realization of social justice. These concepts of self-regulation, protection of fundamental human rights and achievement of social justice continue to be the core ideals under which attorneys operate today.

2. Membership

Local Bar Associations
Japan has 52 local bar associations, one for each of the 50 district court jurisdictions with the exception of Tokyo, where three bar associations that pre-existed the Practicing Attorney Law remain. Local bar associations consist of practicing attorneys, legal profession corporations and registered foreign lawyers.

Practicing Attorneys
Any person qualified to practice law in Japan becomes a practicing attorney as well as a member of the JFBA by being listed on the JFBA's Lawyers' Register through the bar association which she/he chooses to belong to.

Legal Profession Corporations
Since April 2002, it has been made possible for attorneys to incorporate a corporation (legal profession corporation) for the purpose of engaging in legal practice. Upon incorporation, the legal profession corporation becomes a member of the local bar association of the district in which the office is established and simultaneously becomes a member of the JFBA.
The system of legal profession corporations aims to enable attorneys to provide a variety of highly specialized legal services in a stable manner by means of corporate organizations.

Registered Foreign Lawyers (Gaikokuho Jimu Bengoshi)
Registered Foreign Lawyers are those approved to engage in legal practice in Japan related to the laws of jurisdictions other than Japan where they are qualified to practice. They are required to have their names listed on the register maintained by the JFBA with the approval of the Minister of Justice. This system was introduced by the Special Measures Law Concerning the Handling of Legal Practice by Foreign Lawyers and the 1987 amendment of the JFBA's Articles of Association.
In addition, the JFBA also has, for historical reasons, ''quasi-member'' and ''special member'' categories for attorneys practicing in specific fields or geographical areas.
Information for Gaikokuho-Jimu-Bengoshi

3.JFBA Finances

The principle of autonomy, a cornerstone of the Japanese attorney system, is maintained in the JFBA's finances as well. As financial independence is an essential element of autonomy, the JFBA meets its expenses with revenue obtained from dues, registration fees, donations and other sources. There is neither public intervention into how the JFBA uses its funds, nor any requirement for outside auditing of financial statements.
The JFBA has an annual budget of approximately ¥4.22 billion (FY 2005), and more than 80% of its total revenue is accounted for by membership dues (¥14,000 per month per attorney). The JFBA is currently collecting an additional special monthly fee of ¥5,700 per person for the Fund for the Duty Attorney System and the Fund for Correcting Regional Shortages of Attorneys.
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Organization(PDF.787kb)
www. nichibenren.or.jp/en/about/data/fig2.pdf

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Japanese Judicial System and Judicial Reform

1.        The Japanese Judicial System and Judicial Proceedings

(1)         The Japanese Judicial System

Courts
There are five types of courts in Japan: the Supreme Court, High Courts, District Courts, Family Courts and Summary Courts.

1) The summary courts handle, in principle, civil cases involving claims which do not exceed ¥1.4 million, criminal cases related to offenses punishable by fines or lighter penalties and civil conciliations.

2) The family courts handle litigation relating to personal status, adjudications and conciliations for family affairs, juvenile cases and criminal cases involving adults harming the welfare of minors.

3) The district courts handle the first instance of most types of civil and criminal cases. Most cases are normally deliberated by a single judge, except for cases for which the law prescribes or where the court has decided that its hearing and judgment shall be made by a collegiate court or cases where the crimes are punishable by imprisonment with or without labor for a minimum period of not less than one year.

4) The high courts handle appeals (koso appeals, appeals filed against a final judgment rendered by a lower court (mainly a district court) and most kokoku appeals, appeals filed against a ruling or an order turning down a motion relating to proceedings without oral argument) filed against judgments rendered by district courts, family courts or summary courts, or certain decisions by administrative agencies. In addition, on April 1, 2005 the Intellectual Property High Court, which specializes in intellectual property cases, was established as a special separate branch of the Tokyo High Court.

5) The Supreme Court is the highest and final court that handles appeals against judgments rendered by high courts (jokoku appeals) and certain special kokoku appeals that are prescribed under the procedural laws. It is composed of the Chief Justice and 14 Justices, with a Grand Bench comprised of all 15 Justices and three petty benches each comprised of 5 Justices. The cases are first assigned to one of the three petty benches, and those cases that involve constitutional questions are transferred to the Grand Bench for inquiry and adjudication.

Saiban-in (Lay Judge) System
While conventionally the courts have been run by professional judges in Japan, the JFBA has long proposed a system that would allow ordinary citizens to participate in the judicial process. One of the purposes of current judicial system reforms is to reposition the people as the actors in governance rather than the objects of it. As part of this, Japan will introduce the Saiban-in (lay judge) System in May 2009 under which six lay judges will be chosen to serve alongside three professional judges in examining cases involving certain serious crimes. Lay judges will be involved in criminal proceedings, determine facts and decide sentences with an authority basically equivalent to that of professional judges.

The system is similar to a jury system in that lay judges are chosen at random from voter lists and assigned to serve on specific cases. It also resembles a lay judge (Schöffe or échevin) system in that citizens participate in trials alongside professional judges.

Japanese criminal courts have always used large numbers of written statements produced by investigators based on the interview of suspects during the investigation phase. However, for the lay judge system to run smoothly, it is essential that a more easily understood examination of evidence with a focus on the questioning of witnesses before the court is realized and deliberations in which lay judges are able to actively and effectively voice their opinions are guaranteed.

The JFBA is studying how criminal procedures and defense should be under the Saiban-in System and is engaged in activities with the Supreme Court and the Ministry of Justice to foster an understanding of the Saiban-in System among the public.

(2)        Judicial Proceedings

Civil Cases
Civil cases are legal disputes between private individuals. The classic examples are disputes over the lending of money or property leases. Indeed, the vast majority of legal disputes are civil cases. When these cases are disputed in courts, they are referred to as ''civil litigation cases'' in which the individual's rights and obligations are ultimately determined by the judgment.

When an individual is not satisfied with a decision made by the central or local government, she/he may also seek a judgment by a court as well as file an appeal to the administrative agency that made the decision or its higher administrative agency. This category of cases is referred to as ''administrative cases.'' Examples include demands for the cancellation of taxation imposed by the tax authorities or nullification of an election. The district courts hear the first instance for administrative cases, which are judged in accordance with the Administrative Case Litigation Law.

Labor cases are another important form of legal dispute. There are two basic types: ''individual labor cases'' between an employer and an employee and ''collective labor cases'' between an employer and a union. In April 2006, Japan introduced the Labor Adjudication System for individual labor cases. Under the system, three labor adjudicators (one serving as judge, one each representing the interests of the employer and the employee) form a Labor Adjudication Committee that seeks to resolve the dispute in no more than three sessions by providing conciliation or adjudication. The objectives are to resolve cases quickly, appropriately and effectively. Cases that cannot be resolved by this system are referred to ordinary judicial proceedings.

Family Affairs Cases
As their name suggests, family affairs cases are disputes involving the family, for example marriage annulments/cancellation and divorces, custody over children and inheritance. In the resolution of family affairs, particular attention must be given to emotional conflicts and privacy considerations. Japan has applied a system where family courts around the country dispose family affairs cases with closed proceedings when the parties have difficulty resolving themselves.

Family courts make conciliations and adjudications. Conciliation by the family court is conducted by a Conciliation Committee comprised of a family court judge who heads the committee and members from the general public. This system results in conciliations for roughly 50% of the cases filed at the family courts. If the case is not resolved by conciliation, it is referred to the adjudication procedure by a family court either in the form of filings by the parties or under the authority of the judge.

Litigation to resolve disputes including divorce and recognition of children are referred to as ''personal suits'' (jinji sosho) and have traditionally been handled by the district courts, but amendments to the law placed them under the jurisdiction of family courts in April 2004.

Procedures in civil cases (PDF.658kb)
http://www.nichibenren.or.jp/en/about/data/fig3.pdf

Criminal Cases
Japan has a three-stage trial system for criminal cases (however, the defendant also has the right to file for a ''retrial'' after a guilty verdict has been finalized if there is material cause to question the accuracy of the determination of facts that forms the basis of the verdict). Proceedings in the first instance are fact finding proceedings and are in principle conducted by the district courts and summary courts located in each prefecture. The koso appeal, an appeal filed against a final judgment rendered by a lower court (mainly a district court), where in principle advisability of the original judgment is examined based on documents submitted in the previous instances, is performed by the high court. The jokoku appeal, where in principle only legal issues are examined, is conducted by the Supreme Court. In May 2009 Japan plans to introduce a Saiban-in (lay judge) System in which the general public will participate in trials for certain serious crimes (for details see III.1 (1) ''The Japanese Judicial System'').

Public prosecutors have the authority to prosecute cases. The indictment should be conducted within 23 days after the arrest of a suspect. Japan does not have a pre-indictment bail system.

Trials focus on the examination of evidence. When deemed necessary, the procedures to arrange evidence and points of dispute are held prior to the first trial or between trials.

Until now, Japan has assigned court-appointed attorneys for defendants only after indictment. However, from October 2006, as part of the new judicial reforms, court-appointed attorneys will also be assigned for suspects of certain serious crimes in custody prior to indictment. The scope of the system will be expanded to all cases for which the law requires the presence of attorneys in May 2009. The JFBA has long advocated a court-appointed attorney system for suspects, and this has finally been achieved.

For further information on problems in the criminal justice system and the JFBA's efforts at reform, see VI.5 ''Criminal Justice Reform.''

Juvenile Cases
Juvenile cases are cases involving juveniles aged 14 to 19 who have committed a crime (juvenile offenders), and those cases concerning juveniles under 14 who have violated a criminal law or ordinance but are not considered as offenders under the Penal Code because of their young age (juveniles charged with illegal behavior).
In order to realize the principles articulated in Article 1 of the Juvenile Law, Japan has applied a system where every juvenile case is referred to a family court after the investigation by the police and/or prosecutors. After accepting the case, the family court is required to investigate it. Trial only begins after the family court has completed its investigation. Trials of juvenile cases differ from those of ordinary criminal cases. One point of difference is that juvenile trials are not open to the public. Trials may result in non-punishment or protective measures, such as referral to juvenile detention centers. In some cases, the family court may refer a case back to the public prosecutors for trial under ordinary criminal proceedings. In this case, the same criminal proceedings as those for an adult are conducted for the juvenile.

Procedures in criminal cases (PDF.711kb)
http://www.nichibenren.or.jp/en/about/data/fig4.pdf

2.        Judicial System Reform
The JFBA has issued nine ''declarations on judicial reform'' since 1990 as part of its goal to achieve ''justice for the people'' in which the justice system is more familiar and accessible to its users, the general public. The government established a Justice System Reform Council to study basic policies and programs to achieve a judicial system that is more accessible to the general public, encourage greater participation of the general public in the judicial system and improve the skills and abilities of the legal profession. The Council had members from all walks of life, including members nominated by bar associations. Since its inception, it had met 63 times and in 2001 issued an opinion paper calling for fundamental reforms.

These reforms represent the transition from ''small-scale justice'' to ''large-scale justice.'' They seek to extend the rule of law to all facets of society and, within the context of deregulation, to reorient Japan away from ''prior regulation'' to ''after-the-fact relief,'' as well as expanding the number of people involved in the judiciary as it takes on a greater role as the institution for providing ''after-the-fact relief.''
The recommendations in the Council's opinion paper, together with subsequent discussions in the Office for Promotion of Justice System Reform resulted in the passage of 24 laws related to justice system reform by the end of 2004.

One specific issue for judicial reform is achieving a substantial increase in the number of people involved in the legal profession. In 2005, Japan had approximately 25,000 legal professionals, which is expected to double to 50,000 by 2018. This represents a significant acceleration; in the past it has taken approximately 33 years for the number of legal professionals to double. In 2004, Japan opened its first graduate-level law schools to provide training for these new lawyers. Since 2004, legal training and education at law schools has been implemented. This reform aims to shift the focus of legal training from selection through the single event of the bar examination to training through the broader process of professional legal education at law schools.

To provide for greater public involvement, the Saiban-in (lay judge) System will begin in 2009 and will allow ordinary citizens to participate in trials alongside professional judges (for details see III.1 (1) ''The Japanese Judicial System'').

The Japan Legal Support Center will begin operations in 2006. The Center is organized as a ''quasi- independent administrative institution,'' and will open offices in each of the areas where the district courts are located throughout Japan, as well as in areas suffering from a shortage of attorneys. It will thus provide an access point for the resolution of legal issues and legal services on both the civil and criminal sides.

Many other reforms are also moving ahead. These reforms include: various systemic reforms regarding the criminal justice system such as provision of court-appointed attorneys to suspects; reforms of the administrative litigation system such as expansion of the range of parties qualified to file suits; reforms of the intellectual property system such as establishment of the Intellectual Property High Court; reforms of the system concerning judges such as appointment and evaluation of judges; establishment of a system where judges and prosecutors experience other professions; liberalization of profit-earning activities of attorneys; deregulation of legal fees; improvement of the disciplinary system; and establishment of the labor adjudication system.

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Japanese Attorney System

1.        How Attorneys Function in Japan

(1)         The Mission of Attorneys
The Practicing Attorney Law defines the mission of attorneys as ''protecting fundamental human rights and ensuring social justice'' (Article 1). In other words, attorneys have a mission to protect the fundamental human rights of the people and to work for social justice regardless of whether they are in the courtroom, and as such are required to provide quality legal services.

The Practicing Attorney Law also gives attorneys exclusive rights to provide legal services unless explicitly stated to the contrary. Representatives for the parties, when selected, must be qualified practicing attorneys in order to argue cases at the district court level and higher. In addition to prohibiting unqualified persons from providing legal services, the law also defines unauthorized practice of law as a criminal activity. With this exclusive right to provide legal services, attorneys therefore also incur an obligation to adequately represent and serve their clients, the people of Japan.

(2)         Broadening the Scope of Activities
As part of the judicial reforms discussed above, there has been a substantial broadening of the scope of activities open to attorneys. Japan is moving from ''small-scale justice'' to ''large-scale justice'', and the activities of attorneys, the chief players in the judicial system, are broadening. Attorneys have an obligation to extend the rule of law to all facets of society.

To help make this possible, institutional reforms have removed the requirement for prior permits when attorneys engage in for-profit activities; they now need only file notifications. Likewise, the assumption of public services by attorneys has been liberalized. There are now provisions by which attorneys can retain their bar qualifications while becoming involved in government administration and legislation as public servants with limited terms, which opens up new avenues for their activities. There is also a system to appoint attorneys both as full-time judges and as ''part-time judges'', where they retain their status as practicing attorneys but also serve on the bench part of the time.

In addition, the venues for attorney services are no longer limited to the traditional courtroom. More attorneys are offering alternative dispute resolution (ADR) services, preventative legal services, and also corporate legal services as in-house counsels.

(3)        Forms of Legal Practice
Roughly 70% of all law offices are still run by solo-practitioners, but urban areas are seeing an increase in the number of joint offices involving several lawyers, and more than half of all attorneys in Japan now belong to such joint offices. The number of large legal offices with 100 or more attorneys on staff is also increasing.


2.        Attorney Qualifications
To become qualified to practice as an attorney, judge or prosecutor, one must complete a law school curriculum, pass the bar examination and complete a one-year apprenticeship at the Legal Training and Research Institute of the Supreme Court.
Japan placed law schools at the center of legal education and training in reforms enacted in April 2004, but traditional systems for legal training will continue to exist alongside the new system until 2010. Under the traditional system, qualification at the bar required the candidate to pass the bar examination, undergo a year and a half of training under the supervision of practitioners at the Legal Training and Research Institute and then pass a follow-up examination at the end of this period. In 2011 Japan will institute a ''preliminary test'' route under which candidates will be able to sit for the bar examination by passing a preliminary test even if they have not completed law school. As special exceptions, candidates with practical experience in the law as defined by the Practicing Attorney Law and candidates that have served as professors and assistant professors at law schools may be qualified as practicing attorneys after passing the bar examination and undergoing training and qualification testing determined by the Minister of Justice.

Attorneys, judges and public prosecutors are distinct statuses that cannot be held by the same person at the same time, but they receive the same basic education and training, making it possible for judges and prosecutors to become attorneys and vice versa. Japanese citizenship is not required to sit for the bar examination or to qualify as an attorney, but citizenship is required to serve as a judge or prosecutor.

Once qualified, candidates must register with the JFBA in order to practice as attorneys. In addition to becoming members of the JFBA, practicing attorneys must also join the local bar association where their practices are located, and they come under the supervision of both organizations.

3.        Qualifications for Foreign Special Members (Gaikokuho Jimu Bengoshi)
                 Qualified attorneys from other countries may receive the status of ''registered foreign lawyers'' (gaikokuho jimu bengoshi) if approved by the Minister of Justice. Certain requirements must be met, including at least three years of practical experience in their home countries. After approved by the Minister of Justice, qualified foreign attorneys may only practice law as gaikokuho jimu bengoshi by registering with the JFBA.

As such, they are authorized to provide legal services with respect to laws currently or previously in effect in the country in which they have the status of attorneys (country of primary qualification) and other countries designated by the Minister of Justice (designated countries). They may also provide legal services with respect to the laws of third countries provided they receive written advice from persons meeting certain requirements. Finally, gaikokuho jimu bengoshi may represent clients in international arbitration proceedings.

On the other hand, gaikokuho jimu bengoshi are barred from practicing certain aspects of the law, for example, representing clients in proceedings at Japanese courts or government agencies. When representing clients in cases concerning familial relationships in which a Japanese citizen is included as a concerned party, gaikokuho jimu bengoshi are required to work jointly with or receive the written advice of a qualified bengoshi (practicing attorney) in Japan.

Gaikokuho jimu bengoshi may operate a joint legal practice with a bengoshi and may also hire bengoshi. However, when operating such legal practices, gaikokuho jimu bengoshi are prohibited from inappropriate involvement in legal services outside the scope of their qualifications.

Information for Gaikokuho-Jimu-Bengoshi
http://www.nichibenren.or.jp/en/about/gaiben_info.html

4.        Self-Governance

(1)        Self-Governance of Attorneys
The JFBA and the local bar associations have a high degree of self-governance. They have self-governance in that they are empowered to examine the qualifications of, and take disciplinary action against, attorneys, and the activities of attorneys and their regulations do not fall under the supervision of the courts, public prosecutors or administrative institutions. Where bar associations differ from other professional associations is that they are not governed by a regulatory agency and from a financial perspective are operated entirely from dues and other revenues collected from members. Self-governance is essential to maintaining the independence of the legal profession because the legal services provided by attorneys may at times require them to oppose the authority of the state. Specifically, therefore, bar associations are responsible for: 1) screening and registering qualified attorneys and 2) providing supervision and, when necessary, disciplinary measures for attorneys. In addition, membership in bar associations is mandatory and unregistered attorneys are not allowed to practice law.

(2)        Code of Ethics
In November 2004 the JFBA replaced its ''Code of Ethics'' with new ''Basic Rules on the Duties of Practicing Attorneys.'' These rules took effect in April 2005. It is essential that attorneys maintain the trust of society and the general public in order to strengthen the self-governance of bar associations, and this requires that each individual attorney maintain high standards of ethics and provide quality legal services. The Basic Rules on the Duties of Practicing Attorneys attempt to define both a code of ethics and a code of conduct for attorneys, with chapters covering such issues as basic ethics, relationships with clients (confidentiality obligations and prohibitions against conflicts of interest), criminal defense, legal practice within organizations, joint practices, rules for legal profession corporations and rules governing relationships with other parties, other attorneys and bar associations. In addition, they articulate basic standards for the supervision and discipline of attorneys.

(3)        Disciplinary Action against Attorneys
While attorneys in Japan do not fall under the supervision of any government power, they do submit to the disciplinary authority of their local bar associations and the JFBA. The following actions are subject to disciplinary measures: (1) violations of the Practicing Attorney Law or the Articles of Association of the local bar association or the JFBA; (2) conduct that jeopardizes the good order of or the trust reposed in bar associations; and (3) misconduct of a disgraceful nature, whether in the course of or outside their professional duties. The Basic Rules on the Duties of Practicing
Attorneys (effective April 1, 2005) articulate the ethical and professional codes of attorneys and serve as effective guidelines for determining whether attorneys have committed ''misconduct of a disgraceful nature.''

Anyone may file a complaint for disciplinary action against a practicing attorney with the local bar association to which the attorney belongs. When a complaint is filed, bar associations are obligated to initiate disciplinary procedures and have the matter investigated by their Discipline Maintenance Committee. If the Discipline Maintenance Committee finds the claim to be grounded, it passes a resolution calling for a formal investigation of the case by the Disciplinary Actions Committee and the Bar Association is obligated to have the Disciplinary Actions Committee conduct an investigation. Should it deem disciplinary action appropriate, the Disciplinary Actions Committee passes a resolution explicitly stating the disciplinary actions sought, and the Bar Association is obligated to discipline the attorney accordingly. There are four types of disciplinary sanctions that can be imposed: (a) disbarment (loss of qualification for a period of three years); (b) order to withdraw from the bar association (loss of status); (c) suspension from the practice of law for up to two years (no impact on status or qualifications); and (d) reprimand (no impact on status or qualifications).

Should the party filing the complaint be dissatisfied with the decision made by the local bar association, including when the local bar association decides not to impose disciplinary sanctions, she/he may file an appeal to the JFBA, and the JFBA Discipline Maintenance Committee or Disciplinary Actions Committee will investigate. However, it is not possible to file a complaint directly with the JFBA without first going through the local bar association. Should the JFBA Discipline Maintenance Committee and Disciplinary Actions Committee find grounds for the complaint, they may impose their own sanctions on the attorney, order the local bar association to undertake disciplinary procedures in a timely manner or otherwise change the sanctions imposed by the local bar association.

Should the JFBA decide to reject the appeal based on a resolution by the Discipline Maintenance Committee, the filer may seek a review by the JFBA Board of Discipline Review. If the JFBA Board of Discipline Review passes a resolution finding grounds for a disciplinary investigation, the case is referred back to (the Disciplinary Actions Committee of ) the local bar association.

At both the local and the Federation levels, the Discipline Maintenance Committee and Disciplinary Actions Committee are comprised of members including those chosen from outside the bar association such as judges, prosecutors and other people with specialized knowledge as well as attorneys. The Discipline Maintenance Committee is comprised of persons with specialized knowledge other than current or past attorneys, judges and prosecutors.

Disciplinary sanctions imposed by local bar associations and the JFBA are published in the JFBA's monthly journal, Jiyu to Seigi (Liberty & Justice) and the official government gazette.

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  * Japan Federation of Bar Associations
section 2 of 2

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Legal Aid and Establishment of the Japan Legal Support Center

1.        Judicial Reform and Legal Aid
At its 1990 general meeting, the JFBA adopted the ''Declaration on Judicial Reform'' that advocated the transition from ''small-scale justice'' to ''large-scale justice'' and the achievement of ''citizen participation in the judiciary.'' It also identified ''fundamental reform of the legal aid system'' as one of the priority issues and embarked on a program to establish a ''comprehensive legal aid system'' that would cover both civil and criminal cases.


2.        Enactment of the Legal Aid Law
The objective of legal aid is to ensure that the people enjoy equal rights by providing assistance from legal experts, helping to cover the costs of trial and effectively ensuring the ''right of access to the courts'' guaranteed in the Constitution. The JFBA has overseen the legal aid system in Japan since 1952 when it founded the Japan Legal Aid Association. However, as demand for aid has expanded, the Japanese legal aid system has been subject to serious and chronic fiscal deficits and has been slow to develop in comparison with legal aid systems in other countries.

The Civil Legal Aid Law was enacted and took effect in 2000 to remedy this situation by providing legal grounds for legal aid services in civil cases. While criminal cases are still not covered, the law does institutionalize and stipulate government responsibility for legal aid and provide for government funding, both improvements long requested by the JFBA and practicing attorneys. Under the law, the clients can apply for legal aid at the offices of the lawyers who are enrolled in advance. If the applications meet the requirements, they are entitled to benefit from free legal consultations.

It is thus referred to as a ''system of consultations by enrolled attorneys.'' Previously, legal aid had generally been limited to the services of attorneys representing clients, but the new system expanded provision of the services to assistance for the preparation of legal documents to be submitted to the courts to offer loans for attorneys' fees and legal costs. In addition to legal aid for civil cases, the Japan Legal Aid Association also provides free legal consultations, aid for the defense of criminal suspects, aid for attendance in juvenile cases, aid for refugee cases, aid even for actions taken by lawyers against organized crimes in civil disputes and claims for the discharge and favorable treatment of the mentally incapacitated. The previous system had failed to cover all of these areas leaving them as voluntary activities (not covered by subsidies) by the Japan Legal Aid Association.

3.        Establishment of the Japan Legal Support Center
        The Comprehensive Legal Support Law was enacted as one of the key components in judicial reform with the aim of expanding access to the legal services for the public, which enabled the establishment of the Japan Legal Support Center. In this sense, the passage of the Civil Legal Aid Law was not so much a fundamental reform of the legal aid system but the starting point for real judicial reform.

The Comprehensive Legal Support Law was promulgated in 2004. This Law articulates the basic principle of ''realizing a society where the information and services required for the resolution of legal disputes can be accessed throughout the country.'' The Japan Legal Support Center was established in 2006 as an independent administrative institution based on this law. The center will open offices in all areas where the district courts are located across the country as well as in areas suffering from shortage of attorneys, and it will provide a wide range of legal services to the citizens. Below are some of its main activities.

        1)         Information and Liaison Services
                 The center has a consultation office and provides free information to people in trouble over both the telephone and the Internet. For example, it maintains a database of contact information for bar associations, judicial scrivener associations, local government agencies and other institutions providing consultations around the country, and refers users to the one most suited to their situation.

        2)        Civil Legal Aid Services
                 The Japan Legal Support Center now provides the civil legal aid services that were formerly provided by the Japan Legal Aid Association and provides free legal consultations and loans for attorney fees, etc. for people who require the assistance of legal experts but for economic reasons are unable to pay for attorney and court costs.

        3)        Services for Communities with Shortages of Attorneys
                 In communities where shortages of attorneys make it difficult for sufficient legal services to be provided, the JFBA has set up so-called ''public law offices'' to which it dispatches attorneys. The Japan Legal Support Center works in coordination with local bar associations to establish law offices and assign attorneys to areas suffering from shortages across the country, thus providing them with legal services.

        4)        Provision of Court-Appointed Attorneys for Defendants and Suspects
                 While the JFBA has requested the expansion of the court-appointed attorney system to cover suspects as well as defendants as part of its judicial reform campaign, it has also created a ''duty attorney'' (toban bengoshi) system to provide additional legal services for suspects. Under the Comprehensive Legal Service Law and the Japan Legal Support Center, court-appointed attorneys for suspects have been realized, ensuring a consistent public defense system.

        5)        Victim Support Services
                 The Japan Legal Support Center works in coordination with a number of other support organizations to refer victims to lawyers and consultation services with expertise in victim support.

The Japan Legal Support Center is expected to materialize and embody the guiding principles of judicial reform, ''realization of a judicial system based on respect for the individual and the sovereignty of the people, as articulated in the Constitution of Japan.'' To ensure that the center will be deemed by the general public as realizing this principle of ''justice for the people,'' for which the JFBA and local bar associations have long worked, attorneys and bar associations, as the main actors in legal assistance, are continuing to work to fulfill their responsibilities to society.
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Activities of the JFBA

1.        Protection of Human Rights
As the Practicing Attorney Law sets forth in Article 1, ''a practicing attorney is entrusted with a mission to protect fundamental human rights and to realize social justice,'' and protecting fundamental human rights is one of the most important missions of both the JFBA and individual attorneys. The results achieved through these activities in turn strengthen the public and social foundations of the JFBA and earn it greater trust.
The JFBA undertakes such activities by establishing a number of committees to cover various themes and aspects of human rights including the Human Rights Protection Committee, the core committee. Committees are composed of attorneys nominated by local bar associations and work in collaboration with local bar associations.
The Human Rights Protection Committee categorizes human rights issues into seven areas and conducts study and research in each area. It also provides specific, individual relief services when requests are received from the general public. Below is the outline of the human rights relief system. Victims and relevant parties file requests for human rights relief with the Human Rights Protection Committee when human rights have been infringed or when there is the threat of infringement.

Upon receiving the complaint, the Committee establishes a case committee and charges it with investigating the facts of the specific case as necessary and determining whether there is a human rights violation. If this committee determines that an infringement of human rights has taken place, it refers the matter to the Board for decision, and the JFBA issues a warning, recommendation or request in its own name to the infringing institution or organization seeking the elimination and rectification of the infringement. These warnings may be issued to a wide range of both government and private institutions and organizations, including investigative agencies such as the police and public prosecutors, as well as psychiatric hospitals and other facilities.

The advisories and warnings do not have legal binding power, but they do have strong social influence, because they are the result of strict and fair procedures conducted by a legal professional organization that, through many years and cases, has established its trustworthiness with the general public. They are seen, therefore, as leading directly to relief and rectification. Another important activity of the Human Rights Protection Committee is the relief of people declared guilty through faulty court proceedings when they are in fact innocent. The Retrial Committee, working under the Human Rights Protection Committee, seeks relief in these miscarriages of justice and has indeed won innocence in more than a dozen retrials.

In addition, the JFBA has engaged in a number of other issues through committees working on these specific issues, including: 1) attainment of children's rights, including issues of child abuse and prevention of delinquency, 2) realization of a gender-equal society in which both men and women can participate fully, dealing with various issues concerning equality of men and women in areas of labor, education and welfare, etc., 3) realization of the rights of the elderly and disabled, 4) assistance for crime victims, 5) issues of preservation of the natural environment such as measures to prevent global warming or to deal with waste management and antipollution issues, aiming at the achievement of a resource-recycling society, and 6) dishonest business practices or large-scale cases of consumer victimization, together with precautions and remedies for consumer victimization and consumer protection.

2.        Law-Related Education
The government's Justice System Reform Council issued an opinion paper in June 2001 advocating enhancements to law-related education and encouraging legal practitioners to play a more active role. Previously, practicing attorneys have conducted education for the public at large on a broad range of legal issues, including consumer issues, general civil issues, human rights issues and constitutional issues.

However, in 2002 the JFBA began to study basic questions on how ''law-related education'' could go beyond merely communicating knowledge and facts about the law, and has been a strong advocate of this kind of education since that time. As Japanese society moves away from ''prior regulation'' by administration to ''after-the-fact relief'' by the judiciary, it is more urgent than ever that the general public, and particularly children, understand the role and value of the law and the importance of participating in the legal process and have the skills necessary to take self-directed action in accordance with legal principles. Under these circumstances, the JFBA has been further advancing its efforts in law-related education.

More specifically, it has formulated and implemented law-related education policies, conducted information exchanges with legal practitioners, educators and others, and developed law-related education materials to be used in schools. In addition, the JFBA has advocated the establishment of law-related education programs in local bar associations, has conducted training activities for practicing attorneys and educators, and has also performed international studies.

Local bar associations work in coordination with schools to offer classes, summer school programs, junior law schools and training for educators, and the JFBA provides them with support and information-gathering services in conjunction with this.

The JFBA is confident that law-related education will help to establish the Saiban-in (lay judge) System and that providing a broad law-related education to the general public is one of the most important responsibilities of practicing attorneys.

3.        Professional Legal Training and Education
Judges, prosecutors and attorneys are all required to pass the bar examination, a uniform national test, in order to practice law and must also complete a one-year apprenticeship before being certified.

As a component of judicial reform, Japan began to establish graduate-level law schools in 2004 in order to train the large numbers of attorneys that will be required in the future (there were 74 law schools in Japan with 5544 students enrolled as of 2005). In principle, graduation from law school is required to sit for the bar exam (for further details on professional legal training see IV.2 ''Attorney Qualifications''). As a result, the number of people taking the bar examination is predicted to double from 1500 in 2004 to 3000 in 2010.

A large number of practicing attorneys teach at law schools as ''practitioners,'' and the JFBA has organized the Committee on Law Schools to enhance curricula and provide assistance to practitioner teachers.

The JFBA will continue to monitor the bar examination to ensure that it actively reflects the education taking place in law schools.

Most legal apprenticeships are provided by the courts, public prosecutors offices and local bar associations (law offices), and the JFBA is now in the process of preparing more apprenticeships as the number of candidates doubles.

4.        Access to Justice

Duty Attorney (Toban Bengoshi) System
The duty attorney system is a private-sector system created by bar associations in order to effectively guarantee the right of suspects to court-appointed attorneys in the absence of the system of providing court-appointed attorneys at the suspect stage.
When requested by a suspect, the duty attorney quickly visits the suspect’s place of detention and interviews the suspect, regardless of nationality or visa status. If the suspect is a foreign national, an interpreter accompanies.

The first consultation with a duty attorney is free of charge. Interpreting fees are likewise free and borne by the local bar association.
Fees are charged if after the first consultation the suspect requests the attorney to represent him. However, from October 2006 Japan will provide court-appointed attorneys for certain serious criminal offenses.


        Establishment and Operation of “Public Law Offices”
        There are some areas of Japan where the number of practicing attorneys is extremely low in comparison with the population under the jurisdiction of the court. Since issuing its ''Declaration on Judicial Reform'' in 1990, the JFBA has endeavored to make the judicial system more accessible and open to the general public, and one of its goals has been to create a system that would ensure that attorneys are available and nearby throughout the country so that the public can quickly and appropriately seek protection of its rights. It has therefore declared its commitment to alleviating the regional discrepancies in the numbers of attorneys available.

As part of this, the JFBA has established law practices to alleviate regional shortages. These practices are in fact operated by individual attorneys, but are provided with assistance to cover their opening and operational costs by the JFBA, local bar association and local bar association federation on condition that they provide a certain level of public services in the form of court-appointed attorneys and providing legal aid. These costs are paid from a fund to which is allocated a certain percentage of bar association member dues. Some bar associations have also opened urban ''public law offices'' to train attorneys and candidates for judgeships in areas suffering from a shortage of attorneys. These practices provide a certain level of public services and make legal representation more accessible to urban dwellers.

        Legal Counseling Centers
        Local bar associations and the Legal Aid Association establish legal counseling centers so as to provide all citizens with access to attorney consultations. The types of consultations provided and consultation fees charged differ from center to center, and many bar associations go beyond ordinary consultations (ordinary civil and criminal matters) to include issues such as credit and financing problems, family problems and other specialties. Some also provide nighttime consultation services. The JFBA supports the establishment and operation of legal counseling centers as part of its program to alleviate shortages of attorneys. As a result of these efforts on the part of the JFBA and local bar associations to provide services in line with community needs, more than 250 new legal counseling centers have been established over the last 10 years, with a total of 294 in operation around Japan as of February 2006. The JFBA continues to encourage the establishment of legal counseling centers and is also examining other programs to improve the quality of the legal counsel available, such as the use of videoconferencing systems, better access to specialty consultations, and better schemes for dealing with complaints.


5.        Criminal Justice Reform
Interrogations in Japan, Visual /Audio Recordings of Interrogations by the Police and Prosecutors

Criminal investigations in Japan focus on obtaining a confession from the suspect. Investigative methods of arresting and detaining the suspect, obtaining a confession, and investigating the corroborative evidence are considered to be the best way for discovering the truth. However, the arrested suspects are normally detained in the police detention cells (daiyo kangoku) until they are indicted, instead of the detention houses under the control of the Ministry of Justice, for 20 days at the longest per suspected case. In this way, detaining suspects is used as a method of obtaining confessions, and there is no end to the number of suspects who provide false confessions after being detained in the police detention cells, restricted from family visits, etc. and subjected to lengthy interrogations over a long period of time. This is the chief reason for false accusations being brought to the court.

The JFBA has long been critical of these investigative methods and has requested the introduction of visual/audio recordings of interrogations. The Supreme Public Prosecutors Office announced in May 2006 that it is, on a trial basis, going to introduce partial visual/audio recordings for a limited duration of interrogations, which usually last days. Under this plan, the time period and cases to be recorded will be chosen by public prosecutors. The JFBA is concerned that such partial recording might lead to a misunderstanding of the actual situations of interrogations, and is requesting that all interrogations be recorded, including those by the police.
The JFBA has also opposed the long-term detention of suspects in the police detention cells (daiyo kangoku) and has endeavored to achieve a comprehensive reform of the criminal justice system, including the fundamental reform of the detention system for the unconvicted and suspected.

        Penal System Reform
        The JFBA has long advocated reforms to the penal system and the amendment of the Prison Law in order to meet international human rights standards. In 2001 and 2002, two inmates died and another was seriously injured at the Nagoya Prison because of fierce violence perpetrated by guards in the name of maintaining discipline and order.

This incident triggered amendments to the Prison Law in 2005, which had not been practically revised since 1908, creating a system by which inmates can file complaints and a new committee to provide civilian supervision of penal institutions. This marks the beginning of much-needed penal system reform.

        Relief for Crime Victims
        Local bar associations offer victim consultation services in order to expand the legal assistance available to crime victims. They also train attorneys specialized in victim assistance. Currently, there are proposals to create a new system of publicly-funded attorneys for crime victims, and research is being conducted into the potential for crime victims to participate in criminal procedures.

        Suspension of Executions
        Japan has the death penalty. In 2002, the Board of Governors of the JFBA adopted a recommendation for ''full public debate concerning the death penalty and passage of a time-limited law to suspend the execution of prisoners for a set period of time until improvements in the execution system can be made (Law Suspending Capital Punishment).'' In 2005, the JFBA drafted and published a “Bill Suspending Capital Punishment” and has invited opinions from all facets of society.


6.        Activities Related to the Practice of Law

Legal Practice Reforms
Acknowledging the need to expand, strengthen and reform the practice of law, the JFBA has embarked on a program to research, study and review legal practice in order to envisage its ideal model in the 21st century and to draft proposals for new systems.

Over the past several years, the JFBA has conducted important research and studies, made important decisions and expressed important opinions on legal practice reforms. These include the regulation of legal practice, allowing law offices to be incorporated, relaxation of advertisement restrictions, establishment of liability insurance, and studying the economic basis of the legal practice.
With the expectation that judicial system reforms will result in significant and rapid increases in the number of practicing attorneys, the JFBA has also begun to investigate programs to strengthen legal specialties and enable expansion of law into new fields. In addition, the JFBA is actively identifying new demands for legal services in areas such as legislation, government administration and corporations.

Alternative Dispute Resolution (ADR)
        In Japan there exist assorted forms of non-litigious dispute resolution procedures, including arbitration and mediation run by various bodies such as the courts, government agencies and private sectors. What characterizes these procedures is the capacity to settle disputes flexibly at low cost according to the circumstances of the cases. As a product of the endeavor to ''expand and vitalize ADR'', which is one of the issues for judicial reform in Japan, the ''Law concerning Promotion of Alternative Dispute Resolution'' was enacted.

With the belief that practicing attorneys who are experts in legal practice and in the forefront of dispute resolution should play an active and central role in ADR, so that it is both trusted by and accessible to the general public, the JFBA has engaged in several programs and projects as follows: 1) establishment of the JFBA Traffic Accident Consultation Center in 1967 so as to quickly and appropriately resolve damage compensation issues resulting from traffic accidents; 2) establishment of the Japan Intellectual Property Arbitration Center in conjunction with the Japan Patent Attorneys Association in 1998 so as to provide resolution of intellectual property disputes; 3) operation of the International Arbitration Liaison Consultative Council so as to publish and disseminate information on the recruiting and training of international arbitrators and to conduct other activities to promote the use of international arbitration; 4) establishment of the ADR Center so as to discuss and research ADR-related issues, formulate and implement plans for the expansion of ADR, exchange opinions with various ADR-related groups and study and recommend improvements in ADR systems and practices; 5) operation of an ADR portal site jointly with other domestic, private-sector ADR institutions.

In addition, local bar associations around Japan have established Housing Dispute Examination Associations, some of which also have dispute resolution centers.
The JFBA also provides support for the Japan Association of Arbitrators, which was established for the purpose of researching practices and laws, training people with an interest in ADR and holding seminars and classes on the subject.

7.        Activities to Improve the Legal System
Since its inception, the JFBA has conducted research and studies on a wide range of legal systems. It has also formulated opinions and issued recommendations to the government on taking necessary measures to improve legal systems, which include civil law, criminal law, procedural law, civil execution law, bankruptcy law, arbitration law, detention law, administrative law, anti-monopoly law and labor law.
In recent years, JFBA activities have resulted in amendments to the Administrative Procedure Code, and the establishment of the suspect defense system, Saiban-in (lay judge) System, labor adjudication system, and part-time judge system.

The research and studies of legal systems are ordinarily undertaken by committees comprised of members with a high degree of interest and expertise in the areas concerned.

8.        Training Programs

Ethical Training
        The JFBA made ethical training mandatory in 1998. All attorneys are required to participate in ethical training courses during their first, fifth and tenth years after registration and every 10 years thereafter.

        Training for Newly-Registered Attorneys
        The JFBA has provided training for newly-registered attorneys since 2000. The courses cover such issues as: 1) ''Human Rights: The Proper Attitude for Attorneys,'' 2) ''Attorney Ethics: Fee Issues'' and 3) “The Role of the Legal Profession in Modern Society: Self-Governance and Bar Association Activities.'' The first course is held as a lecture, the second two in the form of group discussions.

        Training to Improve Practical Skills
        1) Summer training programs: The JFBA has offered summer training programs since 1958. Courses are conducted in nine blocks (eight mainland blocks and Okinawa) and last for two or three weeks during the summer. They feature both lectures and discussions. Many different topics are explored, not only amendments to the law but also practical courses to enhance the skills of attorneys.

2) Visiting training: Every year a limited group of lecturers visits 15-20 locations around Japan to provide training on recent legal amendments in a program that began in 1990. This program will probably decrease in size in the future as ''live training'' becomes more common.

3) Live satellite-based training: In 2003, the JFBA began to use satellites to conduct live training sessions. It currently offers in excess of 20 courses a year.

4) Video library: The video library is available on the member pages on the JFBA web site, and all training sessions are uploaded for a period of one year. Videos can be used by members who were unable to attend live sessions and also by bar associations and informal groups who seek additional training and study.

9.        International Activities
        International Human Rights Activities
        The JFBA engages in the research and study of international human rights treaties and other international human rights standards and endeavors to improve the human rights situation within Japan. Specific activities include submitting to treaty bodies alternative reports on the international human rights treaties that Japan has ratified (International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, International Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Elimination of All Forms of Discrimination against Women, Convention on the Rights of the Child). The JFBA maintains an international human rights library on its web site and endeavors to enhance domestic understanding and awareness of international human rights issues. In addition, the JFBA was accredited with NGO consultative status by the UN Economic and Social Council in 1999 and has attended sessions of the UN Commission on Human Rights, the Sub-Commission on the Promotion and Protection of Human Rights and other UN bodies in this capacity.

        Membership in International Organizations
        The JFBA is a member of three international organizations.
1) IBA (International Bar Association)
The IBA is a nonprofit organization established in 1947 and headquartered in London. It is an international organization made up of bar associations and legal groups around the world. The JFBA joined the IBA in 1951 and has participated in the IBA meetings as a member organization, delegating councilors and alternate councilors as well as nominating its members to committees on various issues.

2) LAWASIA
(Law Association of Asia and the Pacific)
The LAWASIA is an organization for groups and individuals in the legal profession in the Asia/Pacific region that was established in 1966. The JFBA joined in 2002 and its delegate councilor has served on the executive committee.

3) ICB (International Criminal Bar)
The ICB was established in The Hague, Netherlands in June 2002 to represent attorneys who practice before the International Criminal Court. The JFBA joined the ICB in August 2003 and has delegated a councilor.

        Exchanges with Foreign and Regional Bar Associations and Legal Professions
        The Conference of the Presidents of Law Associations in Asia (POLA) provides an opportunity for the leaders of bar associations in the Asia-Pacific region to get together, exchange views and deepen their mutual understanding. The JFBA operates the information center that provides information to POLA member organizations.

The JFBA signed memorandums on strengthening legal exchange and friendly mutual cooperation with the Law Council of Australia in 1999, the Bar Association of the Kingdom of Cambodia in 2000 and the Korean Bar Association, with which it has held annual meetings since 1987, in 2004.

The JFBA receives visits from legal organizations around the world for the purpose of research, studies and visitation and also sends its own missions to interact and exchange information with bar associations in other regions.
In addition, the Committee on International Relations sponsors an annual international exchange seminar as part of an ongoing program of international exchange activities.

        International Cooperation
        The JFBA began to be active in international cooperation in 1994. The Committee on International Relations takes the lead in this area, sending lecturers to seminars held by various organizations in Japan that invite trainees from overseas and also dispatching experts to countries such as Vietnam, Laos and Indonesia. In 1999, the JFBA began registering attorneys interested in international legal aid activities to enhance its international cooperation activities and promote participation of its members in these activities.

In 2001 the JFBA applied to be a partnership enterprise with the Japan International Cooperation Agency and for a three-year period from September 2002 to August 2005 provided assistance for the establishment and operation of the Lawyers' Training Center in Cambodia and for enhancements to the legal aid system in that country.

        Translation of Japanese Laws into Foreign Languages
        Given the situation that translation of Japanese laws into foreign languages has been inadequate in the past, the JFBA has long argued that the government should take responsibility for laying an infrastructure for a translation project in order to internationalize the Japanese judicial system. This argument has found wide support domestically, and the government has now taken the initiative to translate Japanese laws. The JFBA has participated in the government project to lay the groundwork for moving ahead with these translations.

10.        Publications
        Jiyu to Seigi (Liberty & Justice)
        Jiyu to Seigi has been published by the JFBA since 1950 as a monthly journal and is also available for purchase by nonmembers. The Journal focuses on practical issues in the legal profession.

        Nichibenren Shimbun (The JFBA Newsletter)
        The JFBA began publishing its monthly newsletter in 1974. Nichibenren Shimbun informs members of upcoming events and JFBA activities. It is distributed to all members and to other legal professionals.

        JFBA Web site
        The JFBA web site provides information about the JFBA, its views and events, its regulations and publications, the international human rights library and legal counseling services for foreign nationals offered by local bar associations.

        Press Conferences
        The JFBA holds a regular press conference every Wednesday as well as regular informal sessions with the mass media to exchange opinions on the JFBA's activities and public relations.

        Other Publications
        The JFBA publishes a ''White Paper on Practicing Attorneys'' containing statistical information, as well as books and collections of scholarly papers highlighting the outcomes of its research activities.

        Educational Tours
        The JFBA offers educational tours of its facilities as a part of its law-related education campaign and as a way to disseminate information about attorneys and the Saiban-in (lay judge) System.
www. nichibenren.or.jp
international@nichibenren.or.jp
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