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Article 1(1)An attorney is entrusted with the mission of protecting fundamental human rights and achieving social justice.
(2)In keeping with the mission set forth in the preceding paragraph, an attorney must perform duties in good faith and endeavor to maintain the social order and improve the legal system.
(The Basic Standards of the Responsibilities of an Attorney)
Article 2An attorney must endeavor to remain high standards of sophistication and develop a high moral character, and must acquire a mastery of laws, regulations and legal practices.
(The Duties of an Attorney)
Article 3(1)The duties of an attorney are, at the request of the party or the concerned parties, or through legal practices entrusted by a public agency, to file appeals against administrative authorities, such as lawsuits, non-contentious cases, administrative reviews, objections, requests for re-examination,, and conduct other general legal practices.
(2)An attorney may, without any further qualifications, provide services of patent attorneys and certified public tax accountants.
Chapter II Qualifications for Becoming an Attorney
(Qualifications for Becoming an Attorney)
Article 4A person who has completed the legal apprentice training course is qualified to become an attorney.
(Exceptions to an Attorney Qualifications for Persons Certified by the Minister of Justice)
Article 5Notwithstanding the provisions of the preceding Article, a person who has met any of the requirements set forth in the following items and is certified by the Minister of Justice afterward as having completed a training course for attorney services, that is designated by the Minister of Justice and implemented by a corporation specified in the Ministry of Justice Order, is qualified to become an attorney.
(i)after acquiring the qualification to become a legal apprentice, a person has served, in total, at least five years as a judge of summary court, a public prosecutor, a judicial research officer, a court administrative official, an administrative official of the Ministry of Justice, an instructor at the Legal Training and Research Institute, the Training and Research Institute for Court Officials or a government organ, as prescribed by Cabinet Order, in charge of the practices set forth in Article 4, paragraph (1), items (xxxv) or (xxxvii) of the Act on the Establishment of the Ministry of Justice (Act No. 93 of 1999), a member of the House of Representatives or of the House of Councilors or a councilor (Sanji) of the Legislative Bureau of the House of Representatives or of the House of Councilors, a councilor (Sanji-kan) of the Legislative Bureau of the Cabinet, or as a professor or associate professor of law at a department, advanced course or graduate school of law at a university having a graduate school for legal studies as prescribed by the School Education Act (Act No. 26 of 1947);
(ii)after acquiring the qualification to become a legal apprentice, a person has engaged in any of the following practices by utilizing their own specialized knowledge in law, for a total of at least seven years:
(a)Duties concerning the business of a corporation or another enterprise (excluding national or local government) that is conducted by its employee, such as an officer, agent, member, , and falls under any of the following items (limited to duties which are not in violation of the provisions of Article 72):
1.Preparation of drafts of contracts or other documents that need to be prepared based on the results of a legal analysis concerning the rights and obligations of the enterprise in its business activities;
2.To validate facts or collect evidence for court proceedings, etc. (meaning court proceedings and proceedings similar to these specified in the Ministry of Justice Order: the same applies hereinafter);
3.To prepare drafts of documents stating the assertion of the business operator, such as complaints, petitions, answers, briefs to be submitted for court proceedings, etc.;
4.To file a claim or state opinions or to question a witnesses on hearing dates of court proceedings, etc.; or
5.To negotiate settlements in order to resolve civil disputes, or to validate facts or collect evidence necessary for the negotiation.
(b)Duties at a national or local government conducted by a public employee that fall under any of the following items:
1.To draft laws and regulations (including Prefectural and Municipal Orders), to conduct duties relating to the signing of treaties or other international agreements, or to review or deliberate bills relating to the enactment, amendment or repeal of Prefectural and Municipal Orders;
2.To conduct duties set forth in 2. through 5. of sub-item (a); or
3.To conduct duties to be handled by a person designated in the Ministry of Justice Order, that require decision-making, such as trial proceedings (shinpan), hearing (shinri) or trial decisions (shinketsu) in proceedings similar to trial hearing, or decision (kettei), specified in the Ministry of Justice Order.
(iii)after passing the examination set forth in Article 18, paragraph (3) of the Public Prosecutor’s Office Act (Act No. 61 of 1947), a person has served, in total, at least 5 years, as a public prosecutor (excluding an assistant prosecutor).
(iv)Beyond what is set forth in the preceding three items, the period listed in sub-item (a) or (b) below must exceed the number of years set forth in the respective sub-items. (The periods of serving in the positions the duties provided in items (i) and (ii) below are limited to the period that has elapsed from the date on which a person had acquired the qualification to become a legal apprentice, and the periods of serving in the positions provided in the preceding item are limited to the period that has elapsed from the date on which a person had passed the examination set forth in Article 18, paragraph (3) of the Public Prosecutor’s Office Act.)
(a)The total period of time in which they served in the positions set forth in item (i) and in which they served in the positions set forth in the preceding item – five years
(b)The total period of time in which they served in the duties set forth in item (ii), in which they served in the positions set forth in item (i) and the preceding item – seven years
(Application for Certification)
Article 5-2(1)A person who intends to become qualified as an attorney pursuant to the provisions of the preceding Article must submit to the Minister of Justice a written application for certification containing the information, such as their name, the date they acquired the qualification to become a legal apprentice or passed the examination referred to in Article 18, paragraph (3) of the Public Prosecutor’s Office Act, the duration of service referred to in item (i) or (iii) of the preceding Article or the duration of duty referred to in item (ii) of that Article, as well as the details of duties under that item, specified by Ministry of Justice Order.
(2)The documents specified by the Ministry of Justice Order, such as a document certifying that the applicant has acquired the qualification to become a legal apprentice or passed the examination referred to in Article 18, paragraph (3) of the Public Prosecutor’s Office Act; documents certifying the duration of service prescribed in items (i) or (iii) of the preceding Article or the duration of service prescribed in item (ii) of that Article, as well as the details of the relevant services; must be attached to the application for certification referred to in the preceding paragraph.
(3)A person submitting an application pursuant to the provisions of paragraph (1) must pay a fee prescribed by Cabinet Order, which is determined by taking actual expenses into account.
(Procedures for Certification)
Article 5-3(1)If the Minister of Justice confirms that a person submitting an application pursuant to the provisions of paragraph (1) of the preceding Article (hereinafter referred to as the “applicant” in this Chapter) falls under any of the items of Article 5, the Minister must assign the applicant the training course set forth in that Article (hereinafter simply referred to as the “training course” in this Article) and send a written notice on the training course to the applicant.
(2)When an applicant completes all training course programs, the corporation implementing the training course must, without delay, provide a written report to the Minister of Justice regarding whether the applicant has completed the training course (including the corporation’s opinion about whether or not the Minister of Justice may certify that the applicant has completed all training course programs), pursuant to the provision of Ministry of Justice Order.
(3)When the Minister of Justice confirms that the applicant has completed all training course programs based on the report set forth in the preceding paragraph, the Minister must issue the certification set forth in Article 5 (hereinafter simply referred to as “certification”) to the applicant.
(4)When the Minister of Justice issues a certification or dismisses an application submitted pursuant to the provisions of paragraph (1) of the preceding Article, the Minister must issue a written notice of certification or dismissal to the applicant.
(Designation of a Training Course)
Article 5-4(1)The Minister of Justice must not designate a training course pursuant to the provisions of Article 5 unless the Minister finds that the contents of the training course are appropriate and sufficient enough for the acquisition of the abilities necessary to provide attorney services.
(2)The corporation implementing the training course may state an opinion to the Minister of Justice regarding the designation of the training course referred to in the preceding paragraph.
(3)The Minister of Justice may, to the extent necessary to ensure that the training course referred to in Article 5 is implemented in a proper and steady manner, require the corporation implementing the training course to submit reports or materials necessary for the training course, or state any necessary opinions.
(Request for Information)
Article 5-5If the Minister of Justice finds it necessary for the handling of administrative functions relating to certifications, the Minister may request an applicant to submit necessary materials, or request public offices, public or private organizations or other relevant persons to report necessary particulars after making inquiries.
(Particulars Governed by Ministry of Justice Order)
Article 5-6Beyond what is set forth in this Act, particulars necessary for certification procedures are prescribed by Ministry of Justice Order.
(Attorney Qualification Exemptions for Certain Persons who have Served as a Justice of the Supreme Court)
Article 6Notwithstanding the provisions of Article 4, a person who has served as a Justice of the Supreme Court is qualified to become an attorney.
(Grounds for Disqualifying an Attorney)
Article 7Notwithstanding the provisions of Articles 4, 5 or 6, persons specified below are not qualified to become an attorney:
(i)a person who has been sentenced to imprisonment without work or a severer punishment;
(ii)a person whose removal from office has been decided by a court of impeachment;
(iii)a person who, through disciplinary action, has been disbarred as an attorney or as a registered foreign lawyer, has been prohibited from practicing as a patent attorney, has had their registration as a certified public accountant revoked, has been prohibited from providing services as a certified public tax accountant, or has been dismissed from their office as a public employee, and three years have not elapsed from the date on which disciplinary action was imposed;
(iv)a person who received a decision for the commencement of bankruptcy proceedings and has not had their rights restored.
Chapter III Roll of Attorneys
(Registration of an Attorney)
Article 8To become an attorney, a person must have their name registered in the roll of attorneys maintained by the Japan Federation of Bar Associations.
(Requests for the Registration)
Article 9To become an attorney, a person must file a request for registration with the Japan Federation of Bar Associations through the bar association which they intend to join.
(Requests for Transfer of Registration)
Article 10(1)In order for an attorney to transfer the bar association of which the attorney holds a membership, the attorney must file a request for transfer of registration with the Japan Federation of Bar Associations through the bar association which the attorney intends to join.
(2)If an attorney files a request for transfer of registration, the attorney must notify the bar association of which they hold a membership of their request.
(Request for Revocation of Registration)
Article 11If an attorney intends to cease their practice, they must file a request for revocation of registration with the Japan Federation of Bar Associations through the bar association of which they hold a membership.
(Refusal to Transmit Requests for Registration or Transfer of Registration)
Article 12(1)Bar associations may refuse a request for registration or a request for transfer of registration filed by an applicant who may disturb the bar association’s order or harm its reputation, or an applicant who falls under any of the following items and may be unfit to practice law, pursuant to a resolution adopted by its qualifications screening board:
(i)if the person has mental disorder or physical disability; or
(ii)If a person who falls under the provisions of Article 7, item (iii) files a request after three years from the date on which the person was disbarred, prohibited to provide their services, whose registration was revoked, or dismissed.
(2)The preceding paragraph applies to an applicant who, in the last one year prior to their request for registration or transfer of registration, was a full-time public employee in the district of the relevant bar association, and who may be particularly unfit to practice law within that district.
(3)If a bar association refuses to transmit a request pursuant to the provisions of the preceding two paragraphs, it must promptly give a written notice of refusal stating the reason to the person who has filed the request for registration or request for transfer of registration.
(4)If a bar association has failed to transmit the request to the Japan Federation of Bar Associations after three months of having received the request for registration or transfer of registration, a person who filed the request for registration or request for transfer of registration may deem that the transmission of the request is rejected, and may file a request for administrative review under the provisions of the Administrative Appeal Act (Act No. 160 of 1962).
Article 12-2(1)If the Japan Federation of Bar Associations is to make a decision on a request for administrative review under the provisions of the Administrative Appeal Act (including the request for administrative review under the provisions of paragraph (4) of the preceding Article) regarding a refusal to transmit a request for registration or transfer of registration under the provisions ofthe preceding Article, the Japan Federation of Bar Associations must make an administrative determination based on the resolution adopted by its qualifications screening board.
(2)If the Japan Federation of Bar Associations finds grounds for the request for administrative review referred to in the preceding paragraph, it must order the bar association to transmit the request for registration or transfer of registration.
(Request for Revocation of Registration Filed by a Bar Association)
Article 13(1)If an attorney has made false statements regarding the particulars set forth in paragraph (1), items (i) or (ii), or in paragraph (2) of Article 12, or there is a likelihood that the attorney may be unfit to practice law because of a mental disorder or physical disability, the bar association may, based on the resolution adopted by its qualifications screening board, request the Japan Federation of Bar Associations to revoke the attorney’s registration.
(2)If a bar association files a request referred to in the preceding paragraph, it must promptly give a notice of revocation of attorney’s registration and the reasons in writing to the attorney.
Article 14(1)A person against whom a request for revocation of registration has been filed pursuant to the provisions of the preceding Article may file an objection with the Japan Federation of Bar Associations within a period not exceeding sixty days from the day following the day on which the notice was received.
(2)If the Japan Federation of Bar Associations receives an objection referred to in the preceding paragraph, it must, based on the resolution adopted by its qualifications screening board, either send the request for revocation of registration back to the bar association if it finds that the person who has filed the objection has grounds for objection, or must reject the objection if it finds that that person has no grounds.
(3)If the Japan Federation of Bar Associations makes a decision on the disposition referred to in the preceding paragraph, it must promptly give a notice of disposition and the reasons in writing to the person who has filed the objection.
(Refusal of Registration or Transfer of Registration)
Article 15(1)When the Japan Federation of Bar Associations receives the request for registration or request for transfer of registration transmitted by a bar association, if the Federation finds it proper to refuse the request for the reasons set forth in Article 12, paragraphs (1) and (2), it may refuse the registration or transfer of registration based on the resolution adopted by its qualifications screening board.
(2)If the Japan Federation of Bar Associations refuses registration or transfer of registration pursuant to the preceding paragraph, it must promptly give a notice of registration or transfer of registration and the reason in writing to the person who has filed a request for registration or transfer of registration and to the bar association which transmitted the request.
(Filing a Lawsuit)
Article 16(1)A person whose request for administrative review of a refusal to transmit their request for registration or transfer of registration under the provisions of Article 12 was dismissed or rejected, or whose objection under the provisions of Article 14, paragraph (1) was rejected, or whose request for registration or transfer of registration was refused pursuant to the provisions of the preceding Article, may file a lawsuit for the revocation of administrative disposition in the Tokyo High Court.
(2)If, three months after receiving a request for examination of a refusal to transmit the request for registration or the request for transfer of registration under the provisions of Article 12 or the objection under the provisions of Article 14, paragraph (1), the Japan Federation of Bar Associations has not made an administrative determination or taken a disciplinary action referred to in Article 14, paragraph (2), or if it has failed to register or transfer the registration in the roll of attorneys within three months of receiving a transmitted request for registration or transfer of registration, the person who filed the request for administrative review or the objection, or filed the request for registration or transfer of registration may deem that the request for administrative review or the objection has been rejected or the request for registration or transfer of registration has been refused, and may file a lawsuit referred to in the preceding paragraph.
(3)With regard to the refusal to transmit the request for registration or the request for transfer of registration, a lawsuit for the revocation of administrative disposition may be filed only against the administrative determination made by the Japan Federation of Bar Associations.
(Reasons for Revocation of Registration)
Article 17The Japan Federation of Bar Associations must unregister an attorney from its roll of attorneys in the following cases:
(i)if an attorney falls under any of the items of Article 7 (excluding item (ii));
(ii)if an attorney files a request for revocation of registration pursuant to the provisions of Article 11;
(iii)if an order to withdraw, disbarment, or revocation of the registration of an attorney under the provisions of Article 13 has become final and binding; or
(iv)if an attorney dies.
(Reporting the Reasons for Revocation of Registration)
Article 18If a bar association finds that it has grounds to unregister a member from its roll of attorneys, it must promptly report the grounds to the Japan Federation of Bar Associations.
(Notice and Public Notice of Registrations)
Article 19The Japan Federation of Bar Associations must promptly give a notice of an attorney’s registration, transfer of registration, or revocation of registration from the roll of attorneys to the bar association of which the attorney holds a membership, and make the relevant registration, transfer of registration, or revocation of registration public in the Official Gazette.
Chapter IV The Rights and Obligations of an Attorney
(Law Offices)
Article 20(1)The office of an attorney is called a “law office”.
(2)A law office must be established within the district of the bar association of which the attorney holds a membership.
(3)An attorney may not establish two or more law offices under any name whatsoever; provided, however, that practicing at the law office of another attorney is not prohibited.
(Duty to Report Regarding a Law Office)
Article 21An attorney must immediately notify the bar association of which they hold a membership and the Japan Federation of Bar Associations when they establish or relocates their law office.
(Duty to Observe the Articles of Association of the Associations)
Article 22An attorney must observe the articles of association of the bar association of which they hold a membership and of the Japan Federation of Bar Associations.
(Right and Duty to Maintain Confidentiality)
Article 23Unless otherwise provided by law, an attorney or a former attorney has the right and bears the duty to maintain the confidentiality of any facts which they may have learned in the course of performing their duties.
(Request for Information)
Article 23-2(1)An attorney may request the bar association of which they hold a membership to make inquiries to public offices or public or private organizations so that they may provide information necessary for a case taken by the attorney. The bar association may refuse the request if it finds that the request is inappropriate.
(2)A bar association may, pursuant to the request referred to in the preceding paragraph, request public offices or public or private organizations to provide necessary information.