(1) PURPOSE OF THE LAW AND SYSTEM
The purposes of this law are to ensure the stability in relation to international business law affairs and to contribute to the improvement of the handling of legal business concerning Japanese law in foreign countries, by taking such special measures as opening the way whereby a person who is qualified to become a foreign lawyer can handle legal business concerning foreign law in Japan and regulating the handling of such legal business as in the case of an attorney at law (Article 1 ).
(2) OUTLINE OF THE LAW AND SYSTEM
1) This system enables a qualified foreign lawyer to handle legal business under the title of Foreign Lawyer Registered in Japan concerning foreign law, based on the qualification of a foreign lawyer without any further examinations.
2) In order to become a Foreign Lawyer Registered in Japan , an applicant shall be approved by the Minister of Justice and shall be registered in the Register of Gaikokuho-Jimu-Bengoshi kept by the Japan Federation of Bar Associations (Articles 7 and 24).
3) A Foreign Lawyer Registered in Japan may perform the legal business concerning the law of the country of primary qualification, the designated laws, and the law of a specified foreign country other than designated laws with written advice from a foreign lawyer admitted to give an advice who is qualified to handle certain legal business concerning those laws (Articles 3 to 5-2).
In addition, he or she may, regardless of the governing law, perform representation of party in regard to the procedures for an international arbitration case (this shall mean a case of civil arbitration which is conducted in Japan and all or part of whose parties are persons who have addresses or main offices or headquarters in foreign countries) (Article 5-3 ).
4) A Foreign Lawyer Registered in Japan shall use the term "Office of Foreign Lawyer Registered in Japan" as his/her office name, but may use the name of the law firm to which, he/she belongs to in the country of primary qualification(Articles 45, Paragraph 1, 2).
5) A Foreign Lawyer Registered in Japan may employ Attorney at Law, and jointly perform legal business with a Attorney at Law or Legal Professional Corporation(Foreign Law Joint Enterprise). However, matters on employment of Attorney at Law or Foreign Law Joint Enterprise are required to give notification to the Japan Federation of Bar Associations. Furthermore, when a Foreign Lawyer Registered in Japan runs a Foreign Law Joint Enterprise, he/she shall in principle add a notation to the name of the office indicating the business, and the name of the office operated by Attorneys at Law, participating in the business(Articles 49 to 49-5).
(3) CABINET ORDER AND MINISTERIAL ORDINANCES
Regulations for Enforcement of the Special Measures Law Concerning the Handling of Legal Business by Foreign Lawyers
Ministerial Ordinance for Fees Regarding the Special Measures Law Concerning the Handling of Legal Business by Foreign Lawyers
(4) OUTLINE OF SPECIFICATIONS, STANDARDS AND INSPECTIONS
Outline of the Control
i.Content of the control
In the light of institutional guarantee for his/her capability to provide high-quality legal services, an applicant for approval is required to conform with the following standards(Item (1), Paragraph 1, Article 10 ):
1) | He/she possesses the qualification to become a lawyer in a foreign country;and | |
2) | he/she has the experience, following mentioned, of having engaged in practice for period of three years or more in total. | |
The practicing experience as a foreign lawyer in the foreign country (the country of acquisition of qualification). The experience having engaged the business of practicing legal business concerning the law of the country of acquisition of qualification based on the qualification in the foreign country other than the country of acquisition of qualification. |
The period for which he or she was employed by an Attorney at Law, a Legal Professional Corporation or a Foreign Lawyer Registered in Japan after obtaining a qualification as a lawyer in a foreign country, and provided services to the Attorney at Law , the Legal Professional Corporation or the Foreign Lawyer Registered in Japan , based on his or her knowledge of the law of the country of acquisition of qualification, can be counted in the period of his or her practice of law within the limits of one year in total (Paragraph 2, Article 10).
Qualifications will be approved only if such qualifications were obtained in the countries where the same treatment is given to Attorney at Law (Reciprocity Principle), except for applicants from countries such as WTO Members to which Japan has committed, under the Conventions or other international commitments, not to apply the reciprocity principle (paragraph 3 of Article 10). Since Japan has committed to follow MFN (Most-Favoured-Nation) principle of the WTO Agreements, reciprocity principle will not be applied to an applicant from WTO Members.
At present, no international standards exist for a system of admitting foreign lawyers, since the system varies from country to country and state to state in a federal country.
ii. Procedures for application
In order to obtain the approval and the designation of the Minister of Justice, an applicant is required to submit an application form to the Ministry of Justice (Examination and Supervision Division, Judicial System Department, Minister's Secretariat) and to swear on oath promising to, among other things, perform his or her business faithfully, in the face of the officer designated by the Minister of Justice (Article 6 of the Regulations for Enforcement).
iii. Certification system
The Minister of Justice, an applicant satisfies such requirements as (i) the qualification to become a foreign lawyer, ii) the experience of having engaged in practice for three years or more in the country of acquisition of qualification.
iv. Registration of changes of a qualified Foreign Lawyer Registered in
Japan
Part of procedures such as change of name of a Foreign Lawyer Registered
in Japan is available on the online application system administered by
Ministry of Justice. Further details can be found at http://shinsei.moj.go.jp/list/list_top.html.
(5) HIGHLIGHTS OF THE RECENT AMENDMENT
Amended Special Measures Law Concerning The Handling Of Legal Business by Foreign Lawyers has taken effect since April 1, 2005. Main amendments are as follows:
1) Deletion of the provisions for prohibiting a Foreign Lawyer Registered in Japan from employing an Attorney at Law (Article 49).
2) Prohibition of business orders, based on employment relations, for the handling of legal business which is outside the scope of competence (Article 49).
3) Deletion of the provisions prohibiting joint legal business, and of specified joint business (Article 49-2 of the former law).
4) Prohibition of improper intervention in a Foreign Law Joint Enterprise (Article 49-2).
5) Notification of employment of an Attorney at Law and Foreign Law Joint Enterprise to the Japan Federation of Bar Associations (in relation to Article 49-3).
6) Indication of a Foreign Law Joint Enterprise (Article 49-4)
7) Special case concerning the title of the office which runs a Foreign Law Joint Enterprise, satisfying specific requirements (Article 49-5).
(6) REFERENCE INFORMATION
(Liaison Office for Further Information)
Examination and Supervision Division, Judicial System Department, Minister's Secretariat, Ministry of Justice
Tel: 03-3580-4111 (representative) http://www.moj.go.jp