Japan International Trade in Legal Services

Is there legislation governing the legal sector

Attorneys Act of 1949

Under what title do lawyers practise?

 Bengoshi

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

In order to qualify as a Bengoshi, an individual must complete an undergraduate degree in any field (which requires 4 years of study), a Juris Doctor (which lasts 2 or 3 years), pass the national bar exam, and undertake a 12 month apprenticeship which incorporates additional coursework and passing the graduation examination of apprenticeship

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

Yes

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

Lawyers (bengoshi) are granted by the Attorneys Act, the exclusive right to provide legal services unless explicitly stated to the contrary. This includes the unrestricted right to appear in all courts in Japan. The law also defines unauthorized practice of law as a criminal activity. In addition to Bengoshi there are a number of other types of legal practitioners: Judicial Scriveners (shihoshoshi) handle registration and cash deposit matters with the Legal Affairs Bureau, and prepare documents to be filed with the court and the Public Prosecutor’s Office. Tax attorneys (zeirishi) prepare tax returns, represent clients before the tax authority and provide consultation services on tax matters. Patent attorneys (benrishi) represent clients concerning all matters relating to patents, utility model rights, design rights and trademarks at the Japan Patent Office (JPO) and before the Ministry of Economy, Trade and Industry (METI) (The JPO comes within the control of METI). Administrative Scriveners (gyoseishoshi) handle documents to be lodged with administrative agencies.

No

Bengoshi may work as sole practitioners or in Legal Professional Corporations.

What other ethical or regulatory requirements must a licensed lawyer comply with? 

The current rules governing the conduct of attorneys are "The Basic Rules on the Duties of Practicing Attorneys" (2005).

Do law firms need to receive a "license" (or permission/approval) to practice law?

An attorney must only establish an office in the district of the country in which he is registered, he cannot have more than one office and he must notify the relevant district Bar Association and the JFBA when establishing such an office. A Legal Professional Corporation may have more than one office but each office must have a designated attorney who is registered in that bar district.

Which authority issues licences? Are there different authorities for individuals and firms? 

The Japanese Federation of Bar Associations maintains the roll of individual attorneys admitted to practice nd their places of work but attorneys and law firms must also register with their local bar associations.

Is the jurisdiction a member of the WTO?

Japan joined the WTO on 1 January 1995

Has it made any commitments under GATS in legal services?

Japan has made commitments under the GATS in modes 1-3. However services must be supplied by a natural person and commercial presence is required.  Where person is qualified as a Bengoshi there are no restrictions.  Where services are provided as a foreign lawyer on the law of the jurisdiction where the service supplier is a qualified lawyer the following limitations apply: Under modes 1-3, individuals must be resident for 180 days and have a commercial presence.  NB. Consultancy on foreign law does not include: a) legal representation for juridical procedures in courts and other government agencies as well as preparation of legal documents for such procedures; b) expression of legal opinions concerning laws other than laws of the jurisdiction where the service supplier is qualified as a lawyer; c) legal representation for the entrustment of the preparation of notarial deeds; and d) those activities concerning a legal case whose primary objective is the acquisition or loss or change of rights concerning real property in Japan or of industrial property rights, mining rights or other rights arising upon registration thereof with government agencies in Japan. ii) A service supplier shall be required to cooperate with Bengoshi or to ask for his advice in a legal case concerning family relations or inheritance, in which a Japanese national is involved as a party, or in a legal case whose objective is the acquisition or loss or change of rights concerning real property in Japan or of industrial property rights, mining rights or other rights arising upon registration thereof with government agencies in Japan, as long as the above objective is not the primary one. The practice of international law is permitted, provided that the international law is or was in force in the jurisdiction. Practice of third country law and Japanese law is not permitted. In addition, association with Bengoshi is permitted but employment of Bengoshi is not permitted. The use of a foreing firm name is unrestricted, provided that it is followed with reference to "Gaikoku-Ho-Jimu-Bengoshi Jimusho". Finally, representation in arbitration is permitted, provided that the applicable law in the arbitration is the law which the service supplier is qualified to practice in Japan

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

Japan has bilateral trade agreements with ASEAN, Brunei, Chile, India, Indonesia, Malaysia, Mexico, Peru, Philippines, Singapore, Switzerland, Thailand, Vietnam. It is negotiating bilateral agreements with Australia, the GCC and Korea.

In its agreements with Brunei, India, Indonesia, Malaysia, Peru, Philippines, Singapore, Thailand and Vietnam, Japan reiterates its WTO commitmentson legal services in full. Legal services are not covered in the agreements with Mexico and Chile and the agreement with Switzerland covers legal services through a mutual recogniton of qualifications provision.

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

No

There are around 40-50 foreign law firms in Japan from the US, UK, China, Norway, Ireland, France, Italy, Switzerland, the Netherlands and Australia.  

There is no express rule allowing temporary practice by foreign lawyers and the import of Japan's GATS commitments is that a commercial presence is required for the conduct of legal practice in Japan unless through a local lawyer.

Most OECD countries have reciprocal visa exemptions with Japan for visits up to 90 days. Lawyers from other countries may obtain a visa for the purpose of visiting contacts but not to obtain remuneration or to make profits  or accept payment in Japan.

A foreign lawyer may register with the Japan Federation of Bar Associations as a "Gaikoku-Ho-Jimu-Bengoshi”.  Their scope of practice is limited to the law in which service supplier is qualified and to international law,  provided that the relevant international law is or was in force  in the jurisdiction.   The practice of third  country law and  Japanese law is  not permitted. This also excludes juridical procedures in  courts and other government agencies as  well as preparation of  legal documents for  such procedures (unless undertaken in conjunction with a Bengoshi), notarial acts, advice on transactions relating to land or property rights and advice on any third country law in which the supplier is not qualified.

A foreign lawyer must be resident in Japan for 180 days a year. In addition, once GJB registration has been obtained, the foreign qualification to practise must be maintained, otherwise the registration will be withdrawn.

In order to register as a GJB a lawyer must a)have practised for at least three years (at least two of which must have been in their home jurisdiction); not be subject to disqualification; intend to undertake the profession in good faith; plan to perform his or her functions properly and reliably; possess the capability to compensate for damages caused to a client, if any. Any individual applying for registration must not have any prior criminal conviction.  Scope of practice is limited to the law of the lawyer's home country.

No

Can foreign lawyers requalify as local lawyers?

There is no special requalification route for foreign lawyers who must follow the domestic qualification route to be admitted in Japan.

Can a foreign law firm obtain a licence to open an office?

Yes

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

A foreign law firm may establish either as a stand alone foreign law firm or as a joint enterprise in partnership with Bengoshi.

No

A foreign law firm may only open one office in Japan.

No

Following the Act on Special Measures Concerning the Handling of Legal Services by Foreign Lawyers, registered foreign lawyer s, acting through the foreign law firm of which they are a member, if applicable, are permitted to employ Japanese-qualified lawyers (bengoshi).

Yes

Yes

Other useful sources or comments or links

Japanese Federation of Bar Associations: www.nichibenren.or.jp; Japanese Ministry of Justice (Judicial System Department): www.moj.go.jp