Attorneys Act(Act No. 205 of 1949)
Last Version: Act No. 53 of 2023
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Attorneys Act
Act No. 205 of June 10, 1949
Chapter I The Mission and Duties of an Attorney
(The Mission of an Attorney)
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 maintain 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 to conduct actions regarding a litigation case, non-contentious case, or case in which an appeal is filed against an administrative authority, including a request for an administrative review, request for re-investigation, or request for re-examination, and conduct other general legal practices, at the request of the relevant party or other concerned parties, or through entrustment by a public agency.
(2)Without any further qualifications, an attorney may perform functions as a patent attorney and a certified public tax accountant.
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 certified by the Minister of Justice as having satisfied one of the requirements set forth in the following items and having subsequently completed a training course designated by the Minister of Justice that a corporation specified by Ministry of Justice Order provides regarding attorney services is qualified to become an attorney:
(i)after acquiring the qualification to become a legal apprentice, a person has served at least five years in total 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 prescribed by Cabinet Order that is in charge of the administrative functions 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 secretary of the Legislative Bureau of the House of Representatives or of the House of Councilors, a counsellor of the Cabinet Legislative Bureau, 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 duties by utilizing their own specialized knowledge in law, for a total of at least seven years:
(a)functions that the person performs concerning the business of a company or other enterprise (excluding the national or local governments) as its officer, agent, employee, or other worker, and that fall under any of the following items (limited to duties which are not in violation of the provisions of Article 72):
1.to prepare 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 confirm facts or collect evidence for court proceedings or other proceedings (meaning court proceedings and proceedings similar to these specified by Ministry of Justice Order; the same applies hereinafter);
3.to prepare drafts of documents stating the assertion of the enterprise, such as complaints, petitions, answers, briefs to be submitted for court proceedings or other proceedings;
4.to file a claim or state opinions or to question a witnesses on hearing dates of court proceedings or other proceedings; or
5.to negotiate settlements in order to resolve civil disputes, or to confirm facts or collect evidence necessary for the negotiation;
(b)administrative functions of the national or local governments that the person performs as a public employee and that fall under any of the following items:
1.to draft laws and regulations (including prefectural and municipal ordinances), 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 ordinances;
2.to perform functions set forth in sub-item (a), 2. through 5.; or
3.to perform functions to be handled by a person designated by Ministry of Justice Order that involve a review or a ruling, decision, or other judgment in trial proceedings or other proceedings specified by Ministry of Justice Order that are similar to judicial proceedings;
(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 as a public prosecutor (excluding an assistant prosecutor) at least 5 years in total; or
(iv)beyond what is set forth in the preceding three items, the total period referred to in sub-item (a) or (b) below exceeds the minimum number of years stated in the respective sub-items (the periods of serving in the positions provided in item (i) and engaging in the duties provided in item (ii) below are limited to the periods that have 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 periods that have 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; or
(b)the total period of time in which they served in the duties set forth in item (ii) and 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 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, and the duration of service referred to in item (i) or (iii) of the preceding Article or both the duration of duties referred to in item (ii) of that Article and the details of duties under that item, as specified by Ministry of Justice Order.
(2)The documents specified by Ministry of Justice Order must be attached to the application for certification referred to in the preceding paragraph, 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 and a document certifying the duration of service prescribed in items (i) or (iii) of the preceding Article or both the duration of duties prescribed in item (ii) of that Article and the details of the relevant duties.
(3)A person submitting an application under paragraph (1) must pay a fee prescribed by Cabinet Order in consideration of actual expenses.
(Procedures for Certification)
Article 5-3(1)If the Minister of Justice finds that a person submitting an application under 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 written notice of the training course to the applicant.
(2)When an applicant completes all training course programs, without delay, the corporation implementing the training course must 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 finds that the applicant has completed all training course programs based on the report under the preceding paragraph, the Minister must issue the certification referred to in Article 5 (hereinafter simply referred to as "certification") to the applicant.
(4)When the Minister of Justice issues a certification for an application under paragraph (1) of the preceding Article or dismisses it, the Minister must issue written notice of that certification or dismissal to the applicant.
(5)The provisions of Chapter II, Section 4 of the Administrative Complaint Review Act (Act No. 68 of 2014) do not apply to a request for an administrative review of a disposition for which an application has been filed pursuant to the provisions of paragraph (1) of the preceding Article (excluding a disposition of dismissal by reason that the applicant does not fall under any of the items of Article 5) or the inaction of the disposition.
(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 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)To the extent necessary to ensure that the training course referred to in Article 5 is implemented in a proper and steady manner, the Minister of Justice may request that the corporation implementing the training course submit any necessary reports or materials or state any necessary opinions regarding the training course.
(Requests for Materials)
Article 5-5If the Minister of Justice finds it necessary for the handling of administrative functions relating to certification, the Minister may request that an applicant submit necessary materials, or request that public offices, public or private organizations, or other relevant persons 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 Persons Who Have Served as Justices 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 Ineligibility of an Attorney)
Article 7Notwithstanding the provisions of Article 4, 5 or 6, the following persons 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 providing services 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, has been dismissed from their office as a public employee, or has received a decision that they should have been subject to disciplinary action prohibiting services as a certified public tax accountant, if three years have not elapsed from the date on which disciplinary action was imposed; or
(iv)a person subject to an order commencing bankruptcy proceedings that has not been released from bankruptcy restrictions.
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 kept by the Japan Federation of Bar Associations.
(Requests for the Registration)
Article 9To become an attorney, a person must file a request for the registration with the Japan Federation of Bar Associations through the bar association which they intend to join.
(Requests for Transfer of the Registration)
Article 10(1)In order for an attorney to transfer the bar association in which the attorney holds a membership, the attorney must file a request for transfer of the 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 the registration, the attorney must notify the bar association in which they hold a membership of their request.
(Requests for Revocation of the Registration)
Article 11If an attorney intends to cease providing legal services, they must file a request for revocation of the registration with the Japan Federation of Bar Associations through the bar association in which they hold a membership.
(Refusal to Transmit Requests for the Registration or Transfer of the Registration)
Article 12(1)A bar association may refuse to transmit a request for the registration or a request for transfer of the registration filed by an applicant who may disturb the bar association's order or harm its reputation, or by an applicant who falls under any of the following items and is likely to be unfit to perform duties of an attorney, pursuant to a resolution adopted by its qualifications screening board:
(i)if the person has a mental disorder or physical disability; or
(ii)if a person who falls under Article 7, item (iii) files a request after three years from the date on which the person was disbarred, was prohibited to provide their services, had their registration revoked, or was dismissed, or from the date on which a decision that the person should have been subject to disciplinary action prohibiting services as a certified public tax accountant was given.
(2)The preceding paragraph applies to an applicant who was a full-time public employee in the district of the relevant bar association in the last one-year period before their request for the registration or transfer of the registration, and who is likely to be particularly unfit to perform their duties of an attorney 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 written notice of refusal stating the grounds to the person who has filed the request for the registration or request for transfer of the registration.
(4)If a bar association has failed to transmit the request for the registration or for transfer of the registration to the Japan Federation of Bar Associations although three months have passed since it received the request, a person who filed the request may deem that its transmission has been rejected, and may file a request for an administrative review.
Article 12-2(1)If the Japan Federation of Bar Associations makes an administrative determination on a request for an administrative review (including the request for an administrative review under paragraph (4) of the preceding Article) regarding a refusal to transmit a request for the registration or transfer of the registration under the preceding Article, the Japan Federation of Bar Associations must make that determination based on the resolution adopted by its qualifications screening board.
(2)If the Japan Federation of Bar Associations finds that there are reasonable grounds for the request for an administrative review referred to in the preceding paragraph, it must order that the bar association transmit the request for the registration or transfer of the registration.
(3)The provisions of Article 9, Article 17, Chapter II, Section 3 and Article 50, paragraph (2) of the Administrative Complaint Review Act do not apply to the request for an administrative review set forth in paragraph (1).
(4)With respect to the application of the provisions of the Administrative Complaint Review Act to the request for an administrative review under paragraph (1), the term "a person appointed pursuant to the provisions of Article 9, paragraph (1) (hereinafter referred to as a" review officer ")" in Article 11, paragraph (2) of the same Act is deemed to be replaced with "the Qualifications Screening Board of the Japan Federation of Bar Associations"; the term "a review officer" in Article 13, paragraphs (1) and (2) of the same Act is deemed to be replaced with "the Qualifications Screening Board under Article 11, paragraph (2)"; and the term "receives a report on a consultation from the Administrative Complaint Review Board, etc. (when a review officer's written opinion is submitted in cases where the consultation under the provisions of paragraph (1) of the preceding Article is not required (excluding cases that fall under item (ii) or (iii) of the same paragraph), or when deliberations under item (ii) or (iii) of the same paragraph are held in cases that fall under item (ii) or (iii) of the same paragraph)" in Article 44 of the same Act is deemed to be replaced with "when a resolution under Article 12-2, paragraph (1) of the Attorneys Act (Act No.205 of 1949) ".
(Requests for Revocation of the Registration Filed by a Bar Association)
Article 13(1)If an attorney has made false statements regarding the particulars set forth in Article 12, paragraph (1), items (i) or (ii), or paragraph (2), or is likely to be unfit to perform duties of an attorney because of a mental disorder or physical disability, the bar association may request that the Japan Federation of Bar Associations revoke the attorney's registration, based on the resolution adopted by its qualifications screening board.
(2)If a bar association files a request referred to in the preceding paragraph, it must promptly give written notice of revocation of attorney's registration and the grounds to the attorney.
Article 14(1)A person against whom a request for revocation of the 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 three months from the day following the day on which the person received the notice to that effect.
(2)If the Japan Federation of Bar Associations receives an objection referred to in the preceding paragraph, based on the resolution adopted by its qualifications screening board, it must either send the request for revocation of the registration back to the bar association if it finds that there are reasonable grounds for that objection, or reject the objection if it finds that there are no grounds for that objection.
(3)If the Japan Federation of Bar Associations makes a decision on the disposition referred to in the preceding paragraph, it must promptly give written notice of the disposition and the grounds to the person who has filed the objection.
(Refusal of the Registration or Transfer of the Registration)
Article 15(1)If the Japan Federation of Bar Associations receives the request for the registration or request for transfer of the registration transmitted by a bar association, and the Federation finds it proper to refuse the request for the grounds set forth in Article 12, paragraphs (1) and (2), it may refuse the registration or transfer of the registration based on the resolution adopted by its qualifications screening board.
(2)If the Japan Federation of Bar Associations refuses the registration or transfer of the registration pursuant to the preceding paragraph, it must promptly give written notice of the refusal and the grounds to the person who has filed a request for the registration or transfer of the registration and to the bar association which transmitted the request.
(Filing a Lawsuit)
Article 16(1)A person whose request for an administrative review of a refusal to transmit their request for the registration or transfer of the registration under Article 12 was dismissed or rejected, or whose objection under Article 14, paragraph (1) was rejected, or whose request for the registration or transfer of the registration was refused pursuant to the provisions of the preceding Article may file a lawsuit for the revocation of the abovementioned actions with the Tokyo High Court.
(2)If the Japan Federation of Bar Associations has not made an administrative determination or taken disciplinary action referred to in Article 14, paragraph (2) three months after receiving a request for an administrative review regarding a refusal to transmit the request for the registration or the request for transfer of the registration under Article 12 or receiving the objection under Article 14, paragraph (1), or if it has failed to register or transfer the registration in the roll of attorneys three months after receiving a transmitted request for the registration or transfer of the registration, the person who filed the request for an administrative review or the objection, or filed the request for the registration or transfer of the registration may deem that the request for an administrative review or the objection has been rejected or the request for the registration or transfer of the registration has been refused, and may file a lawsuit referred to in the preceding paragraph.
(3)A lawsuit for the revocation regarding the refusal to transmit the request for the registration or the request for transfer of the registration may be filed only against the administrative determination that the Japan Federation of Bar Associations has made on that refusal.
(Grounds for Revocation of the Registration)
Article 17The Japan Federation of Bar Associations must revoke the registration of an attorney in 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 the registration pursuant to the provisions of Article 11;
(iii)if a withdrawal order, disbarment, or revocation of the registration of an attorney under Article 13 has become final and binding; or
(iv)if an attorney dies.
(Reporting the Grounds for Revocation of the Registration)
Article 18If a bar association finds that there are reasonable grounds to revoke the registration of its member in its roll of attorneys, it must promptly report the grounds to the Japan Federation of Bar Associations.
(Notice and Public Notice of the Registrations)
Article 19The Japan Federation of Bar Associations must promptly give notice of an attorney's registration, transfer of the registration, or revocation of the registration in the roll of attorneys to the bar association in which the attorney holds a membership, and publicize this 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 in 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 Give a Notification Regarding a Law Office)
Article 21When an attorney establishes or relocates their law office, they must immediately notify the bar association in which they hold a membership and the Japan Federation of Bar Associations to that effect.
(Duty to Observe the Articles of Association)
Article 22An attorney must observe the articles of association of the bar association in which they hold a membership and of the Japan Federation of Bar Associations.
(Right and Duty to Maintain Confidentiality)
Article 23An attorney or 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; provided, however, that this does not apply to a case otherwise provided by law.
(Requests for Information)
Article 23-2(1)An attorney may request that the bar association in which they hold a membership make inquiries to public offices or public or private organizations and request them to report information necessary for a case the attorney undertakes. If the attorney files the request but the bar association finds it to be inappropriate, the bar association may refuse that request.
(2)A bar association may make inquiries to public offices or public or private organizations and request them to provide necessary information, pursuant to the request referred to in the preceding paragraph.
(Duty to Perform Entrusted Matters)
Article 24Without justifiable grounds, an attorney may not decline to undertake matters entrusted by the public agencies pursuant to the provisions of laws and regulations, or to undertake matters designated by the bar association in which they hold a membership or by the Japan Federation of Bar Associations pursuant to the provisions of their articles of association.
(Cases in Which an Attorney May Not Perform Duties)
Article 25An attorney must not perform their duties in the following cases; provided, however, that this does not apply to the cases specified in items (iii) and (ix), if the client of the case the attorney undertakes gives their consent:
(i)cases in which the attorney has already provided support to the other party or accepted their request after being consulted by them;
(ii)cases in which the attorney has already been consulted by the other party and the level and method of that consultation is found to show that it is based on a relationship of mutual trust between the attorney and that other party;
(iii)cases which the attorney is requested to undertake by the other party of the case the attorney has already undertaken;
(iv)cases that the attorney has handled as a public employee in the course of performing their duties;
(v)cases that the attorney has handled as an arbitrator through arbitration procedures;
(vi)case in which a legal professional corporation (meaning a legal professional corporation prescribed in Article 30-2, paragraph (1); the same applies hereinafter in this Article), an attorney/registered foreign lawyer joint corporation (meaning an attorney/registered foreign lawyer corporation prescribed in Article 2, item (vi) of the Act on the Handling of Legal Services by Foreign Lawyers (Act No. 66 of 1986); the same applies hereinafter), or a registered foreign lawyer corporation (meaning a registered foreign lawyer corporation prescribed in item (v) of the relevant Article; the same applies hereinafter in this Article) has provided support to the other party or accepted the request of the other party after being consulted by that other party, and the attorney has been personally involved during the period the attorney engaged in legal services as a member or employee of the relevant legal professional corporation or attorney/registered foreign lawyer joint corporation, or as an employee of the relevant registered foreign lawyer corporation;
(vii)cases in which a legal corporation, an attorney/registered foreign lawyer joint corporation, or a registered foreign lawyer corporation has been consulted by the other party, and the level and method of that consultation is found to show that it is based on a relationship of mutual trust between the corporation in question and that other party, and the attorney has been personally involved during the period the attorney engaged in legal services as a member or employee of the relevant legal professional corporation or attorney/registered foreign lawyer joint corporation or as an employee of the relevant registered foreign lawyer corporation;
(viii)cases that a legal professional corporation, an attorney/registered foreign lawyer joint corporation, or a foreign lawyer corporation has already undertaken for the other party, when the attorney is a member or employee of the relevant legal professional corporation or attorney/registered foreign lawyer joint corporation, or is an employee of the relevant registered foreign lawyer corporation; or
(ix)cases that the attorney is requested to undertake by the other party of the case that a legal professional corporation, an attorney/registered foreign lawyer joint corporation, or a registered foreign lawyer corporation has already undertaken, when the attorney is a member or employee of the relevant legal professional corporation or attorney/registered foreign lawyer joint corporation, or is an employee of the relevant registered foreign lawyer corporation (limited to cases in which the relevant attorney is directly involved).
(Prohibition of Corruption)
Article 26An attorney must not receive, demand, or promise to receive any profit from the other party, in connection with any case they undertake.
(Prohibition Against Collaboration with Non-Attorneys)
Article 27An attorney must not undertake any cases referred by a person who is in violation of any of the provisions of Articles 72 throgh74, or allow these persons to utilize their name.
(Prohibition Against Taking Over Any Rights That Are in Dispute)
Article 28An attorney may not take over any rights that are in dispute.
(Duty to Give Notice of a Decision Not to Accept a Request)
Article 29If an attorney decides not to accept a request to undertake a case, they must promptly notify the client of their decision.
(Notifications of For-Profit Business)
Article 30(1)If an attorney falls under any of the following items, the attorney must notify the bar association in which they hold a membership of the matters set forth in the relevant items:
(i)if they intend to engage in their own business for profit: the trade name and the description of the business; or
(ii)if they intend to become a director, executive officer, or other officer conducting business operations of a person engaging in for-profit business (hereinafter referred to as a "director or other officer" in this Article) or their employee: the trade name or name of the person engaging in the business, the location or address of the head office or main office, the description of the business, and if they intend to become the director or other officer, the title.
(2)A bar association must prepare a roll of attorneys engaged in for-profit business including the particulars set forth in the items of the preceding paragraph for persons who have filed a notification under that paragraph, and keep the roll of attorneys at the office of the bar association for public inspection.
(3)If any changes are made to the particulars related to the notification under paragraph (1), a person who has filed the notification must notify the bar association in which they hold a membership to that effect without delay. The same applies if the person discontinues the business related to the notification, or ceases to serve as a director or officer or an employee related to the notification.
(4)If the notification under the preceding paragraph is filed, the bar association must immediately make changes to or delete the particulars registered in the roll of attorneys engaged in for-profit business.
Chapter IV-2 Legal Professional Corporations
(Establishment)
Article 30-2(1)An attorney may establish a corporation to provide the services under Article 3 (hereinafter referred to as "legal professional corporation") pursuant to the provisions of this Chapter.
(2)The provisions of Article 1 apply mutatis mutandis to a legal professional corporation.
(Name)
Article 30-3A legal professional corporation must include the words "legal professional corporation" in its name.
(Eligibility for Membership)
Article 30-4(1)A member of a legal professional corporation must be an attorney.
(2)The person specified below may not become a member of a legal professional corporation:
(i)any person who was suspended from providing their legal services as disciplinary action pursuant to the provisions of Article 56 or 60, if the applicable suspension period has not yet elapsed;
(ii)any person who was a member of a legal professional corporation within 30 days before the date on which the corporation was expelled or suspended from providing its legal services as disciplinary action pursuant to the provisions of Article 56 or 60, if three years have not elapsed from the date on which the disciplinary action was taken (or if the applicable suspension period starting from that date has not elapsed, in the case of the suspension of its legal services); or
(iii)any person who was a member of an attorney/registered foreign lawyer joint corporation within 30 days before the date on which the corporation was expelled or suspended from providing its legal services as disciplinary action pursuant to the provisions of Article 92 or 94 of the Act on the Handling of Legal Services by Foreign Lawyers, if three years have not elapsed from the date on which the disciplinary action was taken (or if the applicable suspension period starting from that date has not elapsed, in the case of the suspension of its legal services).
(Scope of Services)
Article 30-5In addition to the services specified in Article 3, in accordance with the provisions of its articles of incorporation, a legal professional corporation may provide all or part of the services designated by Ministry of Justice Order as services that an attorney may provide pursuant to the provisions of laws and regulations.
(Handling of Legal Practices Related to Litigation)
Article 30-6(1)A legal professional corporation receives a request form its client to assign the following legal practices to an attorney who is its member or employee (hereinafter referred to as an "attorney who is a member or employee" in this Article). In this case, the legal professional corporation must allow the client to appoint a representative, a defense counsel, an attendant, or an assistant in court, from among the attorneys who are the legal professional corporation's members or employees:
(i)representing or assisting the client for the court proceedings in cases (excluding criminal cases); or
(ii)representing the client for court proceedings in criminal cases, acting as a defense counsel in criminal cases, acting as an attendant in juvenile protection cases, or assisting the client in cases in which a request for an administrative review of extradition of a fugitive criminal has been filed.
(2)A legal professional corporation may not be exempted from liability for damages suffered by the client in connection with the legal practices specified in the preceding paragraph, unless it proves that the attorneys who are its members or employees used due care in providing the relevant legal services.
(Registration)
Article 30-7(1)All legal professional corporations must be registered pursuant to the provisions of Cabinet Order.
(2)Details required to be registered pursuant to the provisions of the preceding paragraph may not be duly asserted against a third party until their registration has been completed.
(Establishment Procedures)
Article 30-8(1)In order to establish a legal professional corporation, the attorneys who are to become its members must prepare articles of incorporation.
(2)The provisions of Article 30, paragraph (1) of the Companies Act (Act No. 86 of 2005) apply mutatis mutandis to the articles of incorporation of a legal professional corporation.
(3)The articles of incorporation of a legal professional corporation must include, at least, the following particulars:
(i)its business purposes;
(ii)its name;
(iii)the location of its law office;
(iv)the bar association in which the legal professional corporation holds a membership;
(v)the names and addresses of its members and the bar association in which they hold a membership;
(vi)matters concerning capital contributions by its members; and
(vii)matters concerning the provision of its legal services.
(Time of Establishment)
Article 30-9A legal professional corporation is formed upon registration of its establishment at the location of its principal law office.
(Notifications of Establishment)
Article 30-10A legal professional corporation must give a notification of establishment to the bar association in which it holds a membership and to the Japan Federation of Bar Associations, together with copies of a certificate of registered information of the legal professional corporation and its articles of incorporation, within two weeks from the date of its establishment.
(Amendment to the Articles of Incorporation)
Article 30-11(1)A legal professional corporation may amend its articles of incorporation with unanimous agreement of all members, unless otherwise provided for in the articles of incorporation.
(2)If a legal professional corporation amends its articles of incorporation, it must notify the bar association in which it holds a membership and the Japan Federation of Bar Associations of the amendment, within two weeks from the date of that amendment.
(Provision of Legal Services)
Article 30-12All members of a legal professional corporation have the right and obligation to provide legal services unless otherwise provided for in its articles of incorporation.
(Representation of a Corporation)
Article 30-13(1)Each member of a legal professional corporation who provides its legal services represents the legal professional corporation.
(2)The provisions of the preceding paragraph do not preclude a legal professional corporation from designating certain members who must act as its representative from among the members who provide its legal services, in accordance with its articles of incorporation or with unanimous consent of all members.
(3)A member who represents a legal professional corporation has the authority to conduct all judicial and non-judicial activities regarding the legal services of the legal professional corporation.
(4)The legal professional corporation may not duly assert the restrictions imposed on the authority referred to in the preceding paragraph against a third party acting in good faith.
(5)A member representing a legal professional corporation may delegate certain acts to another person as their agent, unless prohibited by the articles of incorporation.
(Designated Members)
Article 30-14(1)A legal professional corporation may designate a member to be in charge of providing legal services in a specific case.
(2)Only a member who receives the designation (hereinafter referred to as a "designated member") has the right and obligation to provide the legal services in a case designated pursuant to the provisions of the preceding paragraph (hereinafter referred to as a "designated case").
(3)Notwithstanding the provisions of the preceding Article, only the designated member represents the legal professional corporation in the designated case.
(4)If a legal professional corporation designates a member pursuant to the provisions of paragraph (1), it must give written notice of designation to the client of the designated case.
(5)A client may request that the legal professional corporation clarify, by specifying a reasonable period of time, whether or not the legal professional corporation will designate a member who will undertake the requested case pursuant to the provisions of paragraph (1) within that period. In this case, if the legal professional corporation fails to give notice under the preceding paragraph within that period, it may not designate a member after the deadline has passed; provided, however, that this does not preclude the legal professional corporation from designating a member with the consent of the client.
(6)If the designated member's positon becomes vacant before the entrusted legal practices for the designated case have been completed, the legal professional corporation must designate a new member. If the legal professional corporation fails to designate a new member, all of its members are deemed to have been designated to undertake the designated case.
(7)When a legal professional corporation that has only one member is requested to undertake a case, the member is deemed to have been designated to undertake the case.
(Member's Liabilities)
Article 30-15(1)If a legal professional corporation is unable to satisfy its obligations by selling its assets, each member is jointly and severally liable to perform the obligations.
(2)If judicial enforcement against a legal professional corporation's assets was unsuccessful, the provisions of the preceding paragraph also apply.
(3)The provisions of the preceding paragraph do not apply if a member proves that the legal professional corporation has sufficient resources and that judicial enforcement can be easily effected.
(4)Notwithstanding the provisions of paragraph (1), if a member has been designated pursuant to the provisions of paragraph (1) of the preceding Article and notice has been given pursuant to the provisions of paragraph (4) of that Article (including cases in which a member is deemed to have been designated pursuant to the provisions of paragraph (6) or (7) of that Article), and the legal professional corporation is unable to satisfy its obligations owed to the client for the designated case by selling its assets, the designated member (including those who were designated members; hereinafter the same applies in this Article) is jointly and severally liable to perform the obligations; provided, however, that this does not apply if a former designated member who has resigned from the legal professional corporation proves that the obligations in question are due to the grounds that arose after their resignation.
(5)In the case referred to in the preceding paragraph, if judicial enforcement against a legal professional corporation's assets based on a client's claims that have arisen from a designated case is unsuccessful, the provisions of preceding paragraph also apply, except when a designated member proves that the legal professional corporation has sufficient resources and that the judicial enforcement can be easily effected.
(6)In the case referred to in paragraph (4), if a member who has not received the designation has been involved in providing legal services concerning a designated case, regardless of whether the member has been involved in the case before or after it is designated, they assume the same responsibility borne by the designated member pursuant to the provisions of the preceding two paragraphs, unless they are able to prove that they used due care when they were involved in the case. The same applies after they resign from the legal professional corporation.
(7)The provisions of Article 612 of the Companies Act apply mutatis mutandis to the resignation of a member of a legal professional corporation; provided, however, that this does not apply to the obligations of a legal professional corporation owed to a client for a designated case referred to in paragraph (4).
(Responsibilities of a Person Whose Conduct Misled Others to Believe That They Are a Member)
Article 30-16If a person who is not a member of a legal professional corporation acts in a way that misleads others to believe that the person in question is a member, that person bears the same responsibilities as a member for any party who entered into a transaction with the legal professional corporation based on false beliefs.
(Permanent Assignment of Members)
Article 30-17A legal professional corporation must have its member who holds the membership in the bar association in the district in which the law office is located (or the membership in the bar association in which the legal professional corporation holds a membership, if there are two or more bar associations in that district; hereinafter the same applies in this Article) be permanently assigned to its law office; provided, however, that this does not apply to a secondary law office if the bar association in the district in which the secondary law office is located allows the legal professional corporation to decide not to have its member be permanently assigned to its secondary law office, taking into consideration the distribution of attorneys in the vicinity of the relevant secondary law office and other circumstances.
(Restrictions on the Legal Services in Specific Cases)
Article 30-18A legal professional corporation must not provide legal services in a case that falls under any of the following items; provided, however, that this does not apply to the case specified in item (iii), if the client of the case it undertakes gives their consent:
(i)cases in which the legal professional corporation has already provided support to the other party or accepted their request after being consulted by them;
(ii)cases in which the legal professional corporation has already been consulted by the other party and the level and method of that consultation is found to show that it is based on a relationship of mutual trust between the legal professional corporation and that other party;
(iii)cases that the legal professional corporation is requested to undertake by the other party of the case the legal professional corporation has already undertaken;
(iv)cases that an attorney who serves as the legal professional corporation's member or employee or a registered foreign lawyer who serves as its employee (hereinafter referred to as a "member or employer") has already undertaken for the other party; or
(v)cases set forth in Article 25, items (i) through (vii) in which one-half or more of the legal professional corporation's members must not perform duties.
(Prohibition on Joining Another Legal Professional Corporation)
Article 30-19(1)A member of a legal professional corporation must not become a member of another legal professional corporation or attorney/registered foreign lawyer joint corporation.
(2)Any member of a legal professional corporation must not provide any legal services that fall under the scope of the legal professional corporation's services, for their own or a third party's benefit without the approval of the other members; provided, however, that this does not apply when they handle matters entrusted by a public agency pursuant to the provisions of laws and regulations.
(3)If a member violates the provisions of the preceding paragraph and provides any legal services that fall under the scope of the legal professional corporation's services, for their own or a third party's benefit, the amount of profit earned by that member or third party is presumed to be the amount of damages suffered by the legal professional corporation.
(Prohibition of Corruption by Members or Employees of a Legal Professional Corporation)
Article 30-20(1)A member or employee of a legal professional corporation must not accept, demand, or promise to accept, any profit from the other party in connection with a case that the legal professional corporation undertakes.
(2)A member or employee of a legal professional corporation must not solicit the benefits from the other party to the legal professional corporation, or demand, or promise to accept any profit from the other party in connection with a case that the legal professional corporation undertakes.
(Provisions Regarding the Obligations of an Attorney That Are Applied Mutatis Mutandis)
Article 30-21The provisions of Article 20, paragraphs (1) and (2), Articles 21, 22, 23-2, 24, and 27 through 29 apply mutatis mutandis to a legal professional corporation.
(Statutory Resignation)
Article 30-22A member of a legal professional corporation resigns from the legal professional corporation based on the following grounds:
(i)grounds prescribed in the articles of incorporation have arisen;
(ii)the agreement by all members;
(iii)death;
(iv)the member falls under any of the items of Article 7 (excluding item (ii));
(v)a request for revocation of their registration is filed pursuant to the provisions of Article 11;
(vi)they become subject to any of the disciplinary action prescribed in Article 57, paragraph (1), items (ii) through (iv), or a request for revocation of their registration filed pursuant to the provisions of Article 13, paragraph (1) becomes final and binding; or
(vii)they are disbarred pursuant to the provisions of Article 859 of the Companies Act as applied mutatis mutandis pursuant to the provisions of Article 30-30, paragraph (1).
(Dissolution)
Article 30-23(1)A legal professional corporation is dissolved for any of the following grounds:
(i)grounds prescribed in the articles of incorporation have arisen;
(ii)the agreement by all members;
(iii)mergers (limited to cases in which the legal professional corporation disappears in a merger);
(iv)an order commencing bankruptcy proceedings;
(v)a judicial decision ordering dissolution;
(vi)disbarment under Article 56 or 60; or
(vii)unavailability or death of its members.
(2)If a legal professional corporation is dissolved due to any grounds other than those referred to in items (iii) and (vi) of the preceding paragraph, it must notify the bar association in which it holds a membership and the Japan Federation of Bar Associations to that effect within two weeks from the date of its dissolution.
(Continuation of a Legal Professional Corporation)
Article 30-24Only if a legal professional corporation falls under item (vii) of paragraph (1) of the preceding Article due to the death of a member, the liquidator may continue the legal professional corporation by admitting a new member into the legal professional corporation, with the consent of the heir to that member (or if a person is appointed to exercise the rights of that member pursuant to the provisions of Article 608, paragraph (5) of the Companies Act as applied mutatis mutandis pursuant to the provisions of Article 675 of the Companies Act that are also applied mutatis mutandis pursuant to the provisions of Article 30-30, paragraph (2), with the consent of the person).
(Judicial Decisions Ordering Dissolution)
Article 30-25(1)The provisions of Article 824, Article 826, Article 868, paragraph (1), Article 870, paragraph (1) (limited to the part referring to item (x)), the main text of Article 871, Article 872 (limited to the part referring to item (iv)), the main text of Article 873, Article 875, Article 876, Article 904 and Article 937, paragraph (1) (limited to the part referring to item (iii), (b)) of the Companies Act apply mutatis mutandis to the order to dissolve a legal professional corporation. The provisions of Article 825, Article 868, paragraph (1), Article 870, paragraph (1) (limited to the part referring to item (i)), Article 871, Article 872 (limited to the part referring to items (i) and (iv)), Article 873, Article 874 (limited to the part referring to items (ii) and (iii)), Article 875, Article 876, Article 905 and Article 906 of the Companies Act apply mutatis mutandis to the preservation of the legal professional corporation's assets when a petition is filed pursuant to the provisions of Article 824, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to this paragraph.
(2)The provisions of Article 833, paragraph (2), Article 834 (limited to the part referring to item (xxi)), Article 835, paragraph (1), Article 837, Article 838, Article 846, Article 937, paragraph (1) (limited to the part referring to item (i), (i)) of the Companies Act apply mutatis mutandis to an action seeking a court order to dissolve a legal professional corporation.
(3)If the Minister of Justice intends to file a request for a dissolution order under Article 824, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to the paragraph (1), the Minister must hear the opinions of the Japan Federation of Bar Associations.
(Liquidation)
Article 30-26(1)The liquidator of a legal professional corporation must be an attorney.
(2)When the liquidation has been completed, the liquidator must give a notification of that completion of liquidation to the bar association in which the legal professional corporation held a membership and to the Japan Federation of Bar Associations, together with a certificate of registered information, promptly upon registration of the completion of liquidation.
(Supervision by the Court)
Article 30-26-2(1)The dissolution and liquidation of a legal professional corporation is subject to the supervision of the court.
(2)The court may conduct any inspection necessary for the supervision referred to in the preceding paragraph at any time, by its authority.
(3)The court supervising the dissolution and liquidation of a legal professional corporation may request that the Japan Federation of Bar Associations give its opinion or may entrust it with an investigation.
(4)The Japan Federation of Bar Associations may state its opinion to the court provided for in the preceding paragraph.
(Jurisdiction over the Cases Relating to the Supervision of Dissolution and Liquidation)
Article 30-26-3A district court having jurisdiction over the location of the legal professional corporation's principal law office has jurisdiction over a case relating to the supervision of the dissolution and liquidation of that corporation.
(Appointment of Inspectors)
Article 30-26-4(1)The court may appoint an inspector in order to have them conduct investigations necessary for the supervision of the dissolution and liquidation of a legal professional corporation.
(2)No appeal may be filed against a judicial decision to appoint an inspector referred to in the preceding paragraph.
(3)If the court appoints an inspector referred to in paragraph (1), it may decide the amount of compensation that the legal professional corporation pays to the inspector. In this case, the court must hear the statements of the legal professional corporation and the inspector.
(Merger)
Article 30-27(1)A legal professional corporation may merge with another legal professional corporation with the consent of all members.
(2)A merger between legal professional corporations takes effect upon registration of the legal professional corporation surviving or established through the merger at the location of its principal law office.
(3)If a merger takes place, the legal professional corporation must give a notification of the merger to the bar association in which it holds a membership and to the Japan Federation of Bar Associations within two weeks from the date of the merger, together with a certificate of registered information (or together with copies of a certificate of registered information and the articles of incorporation, if the legal professional corporation is established through the merger).
(4)The legal professional corporation surviving or established through the merger succeeds to all rights and obligations of the legal professional corporation disappearing in the merger.
(Creditor's Objections)
Article 30-28(1)A creditor of a legal professional corporation may state an objection against the merger of the corporation with another legal professional corporation.
(2)A legal professional corporation that merges with another legal professional corporation must publicize the following details in the Official Gazette and notify each known creditor to that effect separately; provided, however that the period referred to in item (iii) may not be less than one month:
(i)announcement of the merger;
(ii)the name and location of a principal office of the legal professional corporation disappearing in the merger and of the legal professional corporation surviving or established through the merger; and
(iii)the fact that a creditor may state an objection against the merger within a certain period.
(3)Notwithstanding the provisions of the preceding paragraph, if the legal professional corporation that has merged with another legal professional corporation issues a public notice under that paragraph in the manner referred to in Article 939, paragraph (1), items (ii) or (iii) of the Companies Act, in addition to issuing it in the Official Gazette, pursuant to the provisions of its articles of incorporation under Article 939, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to paragraph (6), the notification under the preceding paragraph does not need to be issued.
(4)A creditor is deemed to have approved the merger unless they state an objection against the merger within the period referred to in paragraph (2), item (iii).
(5)If a creditor states an objection within the period referred to in paragraph (2), item (iii), the legal professional corporation that merges with another legal professional corporation must satisfy the obligations, provide sufficient security to the creditor, or entrust sufficient properties to a trust company or financial institution (meaning a trust company or financial institution that provides trust services (meaning a financial institution to which a permit under Article 1, paragraph (1) of the Act on Engagement in Trust Business by Financial Institutions (Act No. 43 of 1943) has been granted)) in order to have the obligations to the creditor satisfied; provided, however, that this does not apply if the merger is not likely to cause any damage to the creditor.
(6)The provisions of Article 939, paragraph (1) (limited to the part referring to items (ii) and (iii)) and paragraph (3), Article 940, paragraph (1) (limited to the part referring to item (iii)) and paragraph (3), Article 941, Article 946, Article 947, Article 951, paragraph (2), Article 953, and Article 955 of the Companies Act apply mutatis mutandis to the public notice under paragraph (2) issued by a legal professional corporation. In this case, the phrase "method of public notice" in Article 939, paragraphs (1) and (3) of that Act is deemed to be replaced with "method of public notice of merger" and the phrase "trade name" in Article 946, paragraph (3) of that Act is deemed to be replaced with "name".
(Petition to Invalidate a Merger)
Article 30-29The provisions of Article 828, paragraph (1) (limited to the part referring to items (vii) and (viii)) and paragraph (2) (limited to the part referring to items (vii) and (viii)), Article 834 (limited to the part referring to items (vii) and (viii)), Article 835, paragraph (1), Article 836, paragraphs (2) and (3), Articles 837 through 839, Article 843 (excluding paragraph (1), items (iii) and (iv) and the proviso to paragraph (2)) and Article 846 of the Companies Act apply mutatis mutandis to a petition to invalidate a merger of legal professional corporations. The provisions of Article 868, paragraph (6), Article 870, paragraph (2) (limited to the part referring to item (vi)), Article 870-2, the main text of Article 871, Article 872 (limited to the part referring to item (v)), Article 872-2, the main text of Article 873, Article 875 and Article 876 of the Companies Act apply mutatis mutandis to a petition set forth in Article 843, paragraph (4) of the Companies Act as applied mutatis mutandis pursuant to this Article.
(Provisions of the Act on General Incorporated Associations and General Incorporated Foundations and the Companies Act That Are Applied Mutatis Mutandis)
Article 30-30(1)The provisions of Article 4 of the Act on General Incorporated Association and General Incorporated Foundation (Act No. 48 of 2006) and Article 600, Articles 614 through 619, Article 621 and Article 622 of the Companies Act apply mutatis mutandis to a legal professional corporation. The provisions of Article 581, Article 582, Article 585, paragraphs (1) and (4), Article 586, Article 593, Article 595, Article 596, Article 601, Article 605, Article 606, Article 609, paragraphs (1) and (2), Article 611 (excluding the proviso to paragraph (1)) and Article 613 of the Companies Act apply mutatis mutandis to a member of a legal professional corporation. The provisions of Articles 859 through 862 of the Companies Act apply mutatis mutandis to an action for seeking removal of a member of a legal professional corporation or for seeking extinguishment of the right to provide legal services of a legal professional corporation, or the right to represent the legal professional corporation. In these cases, the phrase "trade name" in Article 613 of that Act is deemed to be replaced with "name" and the phrase "Article 594, paragraph (1) (including as applied mutatis mutandis pursuant to Article 598, paragraph (2))" in Article 859, item (ii) of that Act is deemed to be replaced with "Article 30-19, paragraph (1) or (2) of the Attorneys Act (Act No. 205 of 1949)".
(2)The provisions of Article 644 of the Companies Act (excluding item (iii)), and Articles 645 through 649, Article 650, paragraphs (1) and (2), Article 651, paragraphs (1) and (2) (excluding the part referring to mutatis mutandis application of Article 594), Article 652, Article 653, Articles 655 through 659, Articles 662 through 664, Articles 666 through 673, Article 675, Article 863, Article 864, Article 868, paragraph (1), Article 869, Article 870, paragraph (1) (limited to the part referring to items (i) and (ii)), Article 871, Article 872 (limited to the part referring to item (iv)), Article 874 (limited to the part referring to items (i) and (iv)), Article 875 and Article 876 of that Act apply mutatis mutandis to dissolution and liquidation of a legal professional corporation. In this case, the phrase "Article 641, item (v)" in Article 644, item (i) of that Act is deemed to be replaced with "Article 30-23, paragraph (1), item (iii) of the Attorneys Act", the phrase "Article 641, item (iv) or (vii)" in Article 647, paragraph (3) of that Act is deemed to be replaced with "Article 30-23, paragraph (1), items (v) through (vii) of the Attorneys Act", the phrase "Article 641, items (i) through (iii)" in Article 668, paragraph (1) and Article 669 of that Act is deemed to be replaced with "Article 30-23, paragraph (1), item (i) or (ii) of the Attorneys Act", the phrase "Article 939, paragraph (1)" in Article 670, paragraph (3) of that Act is deemed to be replaced with "Article 939, paragraph (1) as applied mutatis mutandis pursuant to Article 30-28, paragraph (6) of the Attorneys Act", and the phrase "Article 580" in Article 673, paragraph (1) of that Act is deemed to be replaced with "Article 30-15 of the Attorneys Act".
(3)The provisions of Article 828, paragraph (1) (limited to the part referring to item (i)) and paragraph (2) (limited to the part referring to item (i)), Article 834 (limited to the part referring to item (i)), Article 835, paragraph (1), Articles 837 through 839 and Article 846 of the Companies Act apply mutatis mutandis to an action to invalidate the incorporation of a legal professional corporation.
(4)With regard to the application of the provisions of Article 16 of the Bankruptcy Act (Act No. 75 of 2004), a legal professional corporation is deemed as a general partnership company.
Chapter V Bar Associations
(Purpose and Legal Personality)
Article 31(1)The purpose of a bar association is to perform functions relating to the guidance for, liaison between, and supervision over its members in order to maintain their dignity and improve and advance their legal practice, in view of the mission and duties of an attorney and a legal professional corporation.
(2)A bar association is a corporation.
(District to Serve as Basis of Establishment)
Article 32At least one bar association must be established in the jurisdiction of each district court.
(Articles of Association)
Article 33(1)A bar association must prepare its articles of association with the approval of the Japan Federation of Bar Associations.
(2)The following details must be included in the articles of association of a bar association:
(i)name of the bar association and location of its office;
(ii)rules regarding the selection, structure and authorities of its president, vice presidents and other organs;
(iii)rules regarding joining or withdrawing from the bar association;
(iv)rules regarding the qualifications screening board;
(v)rules regarding the meetings of the bar association;
(vi)rules regarding the transmission of requests for the registration, transfer of the registration, and revocation of the registration in the roll of attorneys, and requests for revocation of the registration under Article 13, and procedures necessary for their implementation;
(vii)rules regarding the ethics of attorneys and maintenance of discipline of its members;
(viii)rules regarding disciplinary action, the disciplinary action committee, and the disciplinary committee;
(ix)rules regarding legal support provided to persons having no financial resource;
(x)rules regarding the recommendation of an attorney to a public agency and other organs;
(xi)rules regarding the training of legal apprentices;
(xii)rules regarding conciliation of disputes concerning the duties of a member;
(xiii)rules regarding proposals and responses;
(xiv)rules regarding the notification of for-profit business and the roll of attorneys engaged in for-profit business;
(xv)rules regarding membership fees; and
(xvi)rules regarding accounting and assets.
(3)If any changes are to be made to the details provided in the preceding paragraph, approval of the Japan Federation of Bar Associations must be obtained.
(Registration)
Article 34(1)A bar association is formed upon registration of its establishment at its location.
(2)The following details must be included in the registration of the establishment of a bar association:
(i)name;
(ii)name and jurisdiction of the district court which forms the basis of its establishment;
(iii)location of its office;
(iv)full names and addresses of its president and vice-presidents;
(v)the provisions of articles of association, if those provisions provide that the public notice under Article 30-28, paragraph (2) as applied mutatis mutandis pursuant to the provisions of Article 43, paragraph (3) be made in a daily newspaper including matters on current affairs; and
(vi)the provisions of its articles of association and the following details, if those provisions provide that the public notice under Article 30-28, paragraph (2) as applied mutatis mutandis pursuant to the provisions of Article 43, paragraph (3) be made by an electronic public notice (meaning an electronic public notice referred to in Article 2, item (xxxiv) of the Companies Act; the same applies to sub-item (a)):
(a)details prescribed by Ministry of Justice Order that are necessary in order for the general public to receive information that is to be made publicized in an electronic public notice; and
(b)the provisions of articles of association under the second sentence of Article 939, paragraph (3) of the Companies Act as applied mutatis mutandis pursuant to the provisions of Article 30-28, paragraph (6) that is also applied mutatis mutandis pursuant to the provisions of Article 43, paragraph (3), if those provisions have been prepared.
(3)If a bar association is dissolved, it must register its dissolution within two weeks.
(4)If any changes are made to the details specified in paragraph (2) of this Article, the changes to the details must be registered within two weeks.
(5)Details that must be registered by a bar association may not be duly asserted against a third party until the details have been registered.
(6)Beyond what is provided for in this Act, particulars necessary for the registration procedures of a bar association are provided by Cabinet Order.
(President and Vice-Presidents)
Article 35(1)The representative of a bar association is its president.
(2)If the president is unavailable to perform their duties or their position is vacant, the vice-president performs the duties of the president as provided in this Act and in the articles of association of the bar association.
(3)With regard to the application of the Penal Code (Act No. 45 of 1907) or other penal provisions, the president and vice-presidents are deemed to be officials engaging in public duties pursuant to the provisions of laws and regulations,.
(Joining and Withdrawing)
Article 36(1)A person who has been registered or whose registration has been transferred in the roll of attorneys becomes a member of the bar association which they intend to join as a matter of course, and if their registration has been transferred, they thereby withdraw from their former bar association.
(2)A person whose registration has been revoked through a request under Article 11 withdraws from the bar association in which they hold a membership as a matter of course.
(A Legal Professional Corporation's Joining and Withdrawing)
Article 36-2(1)Upon its establishment, a legal professional corporation becomes a member of the bar association of the district in which its principal law office is located (if there are two or more bar associations in that district, the one that is specified in the legal professional corporation's articles of incorporation).
(2)If a legal professional corporation establishes or relocates a law office outside the district of the bar association in which it holds a membership, at the time the registration to that effect is made at the location of the new law office (or at the location of a principal law office, if a secondary law office is established or relocated), it becomes a member of the bar association of the district in which the new law office is located (or the district in which a secondary law office is located, if the secondary law office is established or relocated; and if there are two or more bar associations in that district, it becomes a member of the association that is specified in its articles of incorporation).
(3)When a legal professional corporation no longer has a law office in the district of the bar association in which it holds a membership due to relocation or closure of that office, it is to withdraw from the association upon registration of that relocation or closure at the former location of that office (or at the location of a principal law office, in the case of a relocation or the closure of a secondary law office).
(4)A legal professional corporation may transfer its bar association in which it holds a membership by amending its articles of incorporation, only when its location has two or more bar associations.
(5)A legal professional corporation may not hold a membership in multiple bar associations in the same district.
(6)A legal professional corporation that has joined a new bar association pursuant to the provisions of paragraph (2) or (4) must give a notification to that effect to the relevant bar association and to the Japan Federation of Bar Associations, together with the copies of a certificate of registered information and its articles of incorporation, within two weeks from the date on which it joined the association.
(7)If a legal professional corporation withdraws from a bar association in which it holds a membership, pursuant to the provisions of paragraph (3) or (4), it must give a notification to that effect to the relevant bar association and to the Japan Federation of Bar Associations, within two weeks from the date on which it withdrew from the association.
(General Meetings)
Article 37(1)A bar association must hold a regular general meeting every year.
(2)A bar association may hold an extraordinary general meeting when it finds necessary.
(Reporting General Meeting Resolutions)
Article 38A bar association must report resolutions adopted at its general meeting, and newly appointed and retired officers to the Japan Federation of Bar Associations.
(Details Requiring a Resolution at a General Meeting)
Article 39Any changes to its articles of association, budgets and settlement of accounts must be resolved at its general meeting.
(Revocation of a Resolution Adopted at a General Meeting)
Article 40If a resolution adopted at the general meeting of a bar association adversely affects the public interest, or violates the provisions of laws or regulations or the articles of association of the bar association or the Japan Federation of Bar Associations, the Japan Federation of Bar Associations may revoke the resolution.
(Conciliation of Disputes)
Article 41A bar association may conciliate any dispute regarding the duties of an attorney or the legal services of a legal professional corporation, at the request of an attorney, a legal professional corporation, the party in question, or other concerned persons.
(Responses and Proposals)
Article 42(1)A bar association must respond to a consultation or deliberation by the Japan Federation of Bar Associations.
(2)A bar association may make proposals concerning the legal practices of an attorney or legal professional corporation as well as concerning judicial affairs to public agencies, or respond to their consultation
(Merger and Dissolution)
Article 43(1)If the jurisdiction of a district court is changed, and a bar association located in the district needs to merge or dissolve, that bar association is to merge or dissolve, upon the resolution adopted at its general meeting.
(2)The bar association surviving or established through the merger succeeds to all rights and obligations of the bar association disappearing in the merger.
(3)The provisions of Article 30-28 apply mutatis mutandis to a merger of bar associations. In this case, the phrase "articles of incorporation" in paragraph (3) of that Article is deemed to be replaced with "articles of association" and the phrase "the phrase 'method of public notice' in Article 939, paragraphs (1) and (3) of that Act" in paragraph (6) of that Article is deemed to be replaced with "the phrase 'article of incorporation' in Article 939, paragraph (1) of that Act is deemed to be replaced with 'article of association', the phrase 'method of public notice' in that paragraph and in paragraph (3) of that Article".
(4)If a bar association is merged with another bar association, an attorney who was a member of the bar association which is dissolved through the relevant merger becomes a member of the bar association surviving or established through the merger, as a matter of course.
(5)The provisions of Article 10, paragraph (1) apply mutatis mutandis to attorneys in the case referred to in the preceding paragraph.
(Legal Capacity of the Bar Association in Liquidation)
Article 43-2A dissolved bar association is deemed to still exists until the liquidation is completed, only for the purpose of its liquidation.
(Liquidators)
Article 43-3(1)If a bar association has been dissolved, the president becomes the liquidator, except in the case of a dissolution of the bar association based on an order commencing bankruptcy proceedings; provided, however, that this does not apply to a case otherwise provided in the articles of incorporation or to a case in which a person other than the president has been appointed as a liquidator at a general meeting.
(2)The person specified below may not be appointed as a liquidator:
(i)a person who has been sentenced to the death penalty or life imprisonment, or to imprisonment with or without work for not less than 6 years, and who has not had their rights restored; or
(ii)a person who has been sentenced to imprisonment with or without work for less than 6 years, and has not completed the sentence or has not ceased to be subject to the sentence.
(Appointment of Liquidators by the Court)
Article 43-4If there is no person who becomes a liquidator pursuant to the provisions of paragraph (1) of the preceding Article, or if any damage is likely to occur due to the vacancy in the position of a liquidator, the court may appoint a liquidator at the request of any interested person or public prosecutor, or by its authority.
(Dismissal of Liquidators)
Article 43-5At the request of an interested person or the public prosecutor or by its authority, the court may dismiss the liquidator if it has sufficient grounds to do so.
(Duties and Authority of Liquidators)
Article 43-6(1)The duties of a liquidator are as follows:
(i)termination of current business;
(ii)the collection of debts and the performance of obligations; and
(iii)the delivery of residual assets.
(2)A liquidator may take any action that is necessary to perform their duties set forth in the items of the preceding paragraph.
(Demanding the Filing of Claims)
Article 43-7(1)Within two months from the date on which a liquidator begins to act as liquidator, the liquidator must demand that the creditors must file their claims within a specific period, issuing at least three public notices. In this case, the period may not be less than two months.
(2)The public notice referred to in the preceding paragraph must include a supplementary note stating that if a creditor fails to file their claim within the specified period, their claim will be excluded from the liquidation process; provided, however, that the liquidator may not exclude any known creditor.
(3)The liquidator must demand that each known creditor must file its claim.
(4)The public notice referred to in paragraph (1) is published in the Official Gazette.
(Filing of Claims After the Specified Period)
Article 43-8A creditor that files a claim after the period referred to in paragraph (1) of the preceding Article is entitled to file a claim only against the assets which have not yet been delivered to persons with vested rights, after all the obligations of the bar association are satisfied.
(Supervision by the Court)
Article 43-9(1)The dissolution and liquidation of a bar association is subject to the supervision of the court.
(2)The court may conduct any inspection necessary for the supervision referred to in the preceding paragraph at any time, by its authority.
(Jurisdiction over Cases Concerning Supervision of Dissolution and Liquidation)
Article 43-10A case concerning the supervision of the dissolution and liquidation of a bar association or concerning the liquidator is subject to the jurisdiction of the district court that has jurisdiction over the location of the relevant office .
(Restrictions on Appeals)
Article 43-11No appeal may be filed against a judicial decision on the appointment of a liquidator.
(Remuneration of Liquidators Appointed by the Court)
Article 43-12If the court appoints a liquidator pursuant to the provisions of Article 43-4, it may determine the amount of remuneration paid to the liquidator by the bar association. In this case, the court must hear statements from the liquidator.
Article 43-13Deletion
(Appointment of Inspectors)
Article 43-14(1)The court may appoint an inspector in order to have the inspector conduct investigations necessary for the supervision of the dissolution and liquidation of a bar association.
(2)The provisions of Article 43-11 and Article 43-12 apply mutatis mutandis if the court appoints an inspector pursuant to the provisions of the preceding paragraph. In this case, the phrase "the liquidator" is deemed to be replaced with "the bar association and the inspector".
(Exemption from Application of the Administrative Procedure Act)
Article 43-15The provisions of Chapters II, III and IV-2 of the Administrative Procedure Act (Act No. 88 of 1993) do not apply to a disposition taken by a bar association pursuant to this Act.
(Federations of Bar Associations)
Article 44Bar associations that fall under the jurisdiction of the same high court may set rules and establish a federation of bar associations with the approval of the Japan Federation of Bar Associations, in order to jointly perform certain matters.
Chapter VI The Japan Federation of Bar Associations
(Establishment, Purpose, and Legal Personality)
Article 45(1)Bar associations in Japan must establish the Japan Federation of Bar Associations.
(2)The purpose of the Japan Federation of Bar Associations is to perform functions relating to the guidance for, liaison between, and supervision over the attorneys, legal professional corporations, and bar associations, in order to maintain their dignity and improve and advance the legal practice of attorneys and legal professional corporations, in view of the mission and duties of attorneys and legal professional corporations.
(3)The Japan Federation of Bar Associations is a corporation.
(Articles of Association)
Article 46(1)The Japan Federation of Bar Associations must prepare its articles of association.
(2)The following particulars must be prescribed in the articles of association of the Japan Federation of Bar Associations:
(i)particulars specified in Article 33, paragraph (2), items (i) through (v), (vii) through (xi), (xiii), (xv) and (xvi);
(ii)provisions regarding the registration, transfer of the registration, and revocation of the registration in the roll of attorneys; and
(iii)provisions regarding the board of discipline review.
(Membership)
Article 47Attorneys, legal professional corporations, and bar associations become members of the Japan Federation of Bar Associations as a matter of course.
(Requests for Investigation)
Article 48The Japan Federation of Bar Associations may request public agencies or other organs to conduct investigations necessary for performing the functions of the guidance for, liaison between, and supervision over attorneys, legal professional corporations, and bar associations.
(Powers of the Supreme Court)
Article 49If the Supreme Court finds it necessary, it may request that the Japan Federation of Bar Associations report on its functions, or may request that the Japan Federation of Bar Associations conduct an investigation into an attorney, a legal professional corporation, or a bar association.
(Exemption from Application of the Administrative Procedure Act)
Article 49-2The provisions of Chapters II, III and IV-2 of the Administrative Procedure Act do not apply to a disposition made by the Japan Federation of Bar Associations under this Act.
(Restrictions on the Request for an Administrative Review)
Article 49-3No request for an administrative review may be filed with regard to a disposition made by the Japan Federation of Bar Associations pursuant to this Act or its inaction.
(Provisions Applied Mutatis Mutandis)
Article 50The provisions of Article 34, 35, 37, 39 and Article 42, paragraph (2) apply mutatis mutandis to the Japan Federation of Bar Associations.
Chapter VII The Qualifications Screening Board
(Establishment and Functions)
Article 51(1)Bar associations and the Japan Federation of Bar Associations establish qualifications screening boards.
(2)A qualifications screening board conducts necessary examinations regarding requests for the registration, transfer, or revocation, at the request of the bar association or the Japan Federation of Bar Associations under which the board is established.
(Composition)
Article 52(1)A qualifications screening board is composed of a president and several members.
(2)The president of the bar association or the Japan Federation of Bar Associations holds the position of the president of the qualifications screening board established under it.
(3)The president of the qualifications screening board appoints members from among attorneys, judges, public prosecutors and persons with relevant expertise; provided, however, that in the case of a bar association, the qualifications screening board members who are judges or prosecutors must be appointed based on the recommendations of the high court or the district court located within the same jurisdiction, on the recommendations of the superintendent public prosecutor of the high public prosecutor's office or the chief public prosecutor of the district public prosecutor's office that is located within the same jurisdiction, and the other members must be appointed based on a resolution adopted at a general meeting of the bar association; and in the case of the Japan Federation of Bar Associations, the qualifications screening board members who are judges or prosecutors must be appointed based on the recommendations of the Supreme Court or the Prosecutor General, and the other members must be appointed based on a resolution adopted at a general meeting of the Japan Federation of Bar Associations.
(4)The term of office of a member is two years; provided, however, that the term of office of the substitute member is the remaining term of office of the predecessor.
(Reserve Members)
Article 53(1)A qualifications screening board has several reserve members.
(2)The provisions of paragraphs (3) and (4) of the preceding Article apply mutatis mutandis to reserve members.
(3)If a member is unavailable to perform their duties or their position is vacant, the president appoints a person who acts in place of that member from among reserve members that have the same qualifications.
(Duties and Status of the President)
Article 54(1)The president presides all affairs of the board.
(2)With regard to the application of the provisions of the Penal Code or other penal provisions, the president, members and reserve members are deemed to be officials engaging in public duties pursuant to the provisions of laws and regulations.
(Screening Procedures)
Article 55(1)When necessary for its examination, the qualifications screening board may request that the party, person concerned, public agencies, or other organs make statements, provide explanations, or submit materials.
(2)If the qualifications screening board adopts a resolution that allows refusal of a request for the registration, a request for transfer of the registration, or the transmission of those requests, or adapts a resolution that accepts a request for revocation of the registration under Article 13, it must provide notice to that effect to the party and give them an opportunity to make statements and submit materials concerning this.
Chapter VIII Disciplinary Action
Section 1 Grounds for Disciplinary Action and the Disciplinary Authority
(Grounds for Disciplinary Action and the Disciplinary Authority)
Article 56(1)An attorney or a legal professional corporation is subject to disciplinary action if the attorney or legal professional corporation violates this Act (or violates this Act or the Act on the Handling of Legal Services by Foreign Lawyers, if the attorney is a member or employee of an attorney/registered foreign lawyer joint corporation or is an employee of a registered foreign lawyer corporation) or the articles of association of the bar association in which they hold a membership or of the Japan Federation of Bar Associations, disrupt the order or harm the reputation of the relevant bar association, or otherwise misbehave in a manner which undermines the dignity of an attorney or a legal professional corporation, regardless of whether they are operating in a professional or non-professional context.
(2)Disciplinary action against an attorney or legal professional corporation is taken by the bar association in which they hold a membership.
(3)The grounds for disciplinary action that a bar association takes against a legal professional corporation having only a secondary law office within the district of the bar association are limited to the grounds related to the secondary law office in that district.
(Types of Disciplinary Action)
Article 57(1)There are four types of disciplinary action against attorneys, as follows:
(i)admonition;
(ii)suspension for not more than two years;
(iii)order to withdraw from the bar association in which the attorney holds a membership; or
(iv)disbarment.
(2)There are four types of disciplinary action against a legal professional corporation, as follows:
(i)admonition;
(ii)suspension of legal services of the legal professional corporation or of its law office for not more than two years;
(iii)order to withdraw from the bar association in which it holds a membership (limited to an order issued to a legal professional corporation having only a secondary law office within the district of the bar association); or
(iv)expulsion (limited to expulsion of a legal professional corporation whose principal law office is located within the district of the association).
(3)If a bar association takes the disciplinary action referred to in item (ii) of the preceding paragraph against a legal professional corporation having only a secondary law office within the district of the relevant bar association, it may only suspend the legal services of the law office located within the district as disciplinary action.
(4)With regard to the application of the provisions of paragraph (2) or (3), the Japan Federation of Bar Associations is deemed to be the bar association of the district in which the legal professional corporation has its principal law office.
(Prohibition of the Establishment or Relocation of a Law Office by a Legal Professional Corporation Subject to Disciplinary Action)
Article 57-2(1)If a legal professional corporation is suspended from providing legal services at all law offices located within a specific bar association's district as disciplinary action, it must not establish or relocate a law office within the district during the period in which the legal services are suspended.
(2)If a legal professional corporation that is subject to the disciplinary action referred to in item (iii) of paragraph (2) of the preceding Article, it must not establish or relocate a law office within the district of the bar association for three years from the date on which the disciplinary action is taken.
(Requests for Disciplinary Action, Investigation, and Examination)
Article 58(1)Any person who considers that there are reasonable grounds for disciplinary action against an attorney or legal professional corporation may file a request for disciplinary action with the bar association in which the relevant attorney or legal professional corporation holds a membership, together with an explanation of the grounds.
(2)If a bar association considers that there are reasonable grounds for disciplinary action against its member attorney or legal professional corporation, or if a request referred to in the preceding paragraph is filed regarding the attorney or legal professional corporation, the bar association must start disciplinary procedures and have its disciplinary committee investigate the matter.
(3)If, based on an investigation referred to in the preceding paragraph, a disciplinary committee finds that it would be appropriate to request that the disciplinary action committee examine the matter relevant to the subject attorney or corporation (meaning the attorney or legal professional corporation subject to disciplinary procedures; the same applies hereinafter), the disciplinary committee is to adopt a resolution to that effect. In this case, the bar association must request that the disciplinary action committee examine the matter based on the relevant resolution.
(4)If, based on an investigation referred to in paragraph (2), the disciplinary committee finds that the request referred to in paragraph (1) is not in accordance with law, finds that it is unable to start the disciplinary procedures against the subject attorney or corporation, finds that there are no grounds for disciplinary action against the subject attorney or corporation, or finds that it is apparent that disciplinary action must not be taken in light of the severity of the matter or other extenuating circumstances, the disciplinary committee is to adopt a resolution that it is appropriate not to request that the disciplinary action committee examine the matter. In this case, the bar association must make a decision not to take disciplinary action against the subject attorney or corporation, based on the relevant resolution.
(5)If, based on an examination referred to in paragraph (3), the disciplinary action committee finds that it is appropriate to take disciplinary action against the subject attorney or corporation, it is to adopt a resolution to that effect, clarifying the details of the disciplinary action. In this case, the bar association must take disciplinary action against the subject attorney or corporation, based on the relevant resolution.
(6)If, based on an examination referred to in paragraph (3), the disciplinary action committee finds that it is appropriate not to take disciplinary action against the subject attorney or corporation, it is to adopt a resolution to that effect. In this case, the bar association must make a decision not to take disciplinary action against the subject attorney or corporation, based on the relevant resolution.
(Administrative Determination on a Request for an Administrative Review Filed by a Person Subject to Disciplinary Action)
Article 59(1)If a request for an administrative review of disciplinary action taken by the bar association pursuant to the provisions of Article 56 is filed with the Japan Federation of Bar Associations pursuant to the provisions, the Japan Federation of Bar Associations must request that its disciplinary action committee examine the matter, and must make an administrative determination based on the relevant resolution of the disciplinary action committee.
(2)The provisions of Article 9, Article 17, Chapter II, Section 3, and Article 50, paragraph (2) of the Administrative Complaint Review Act do not apply to the request for an administrative review set forth in the preceding paragraph.
(3)With respect to the application of the provisions of the Administrative Complaint Review Act to the request for an administrative review under paragraph (1), the term "a person appointed pursuant to the provisions of Article 9, paragraph (1) (hereinafter referred to as" review officer ")" in Article 11, paragraph (2) of the same Act is deemed to be replaced with "the disciplinary action committee of the Japan Federation of Bar Associations"; the term "review officer" in Article 13, paragraphs (1) and (2) of the same Act is deemed to be replaced with "disciplinary action committee under Article 11, paragraph (2)"; and the term "receives a report on a consultation from the Administrative Complaint Review Board, etc. (when a review officer's written opinion is submitted in cases where the consultation under the provisions of paragraph (1) of the preceding Article is not required (excluding cases that fall under item (ii) or (iii) of the same paragraph), or when deliberations under item (ii) or (iii) of the same paragraph are held in cases that fall under item (ii) or (iii) of the same paragraph)" in Article 44 of the same Act is deemed to be replaced with "when a resolution under Article 59, paragraph (1) of the Attorneys Act (Act No. 205 of 1949) ".
(Disciplinary Action by the Japan Federation of Bar Associations)
Article 60(1)If the Japan Federation of Bar Associations finds that it is appropriate to take disciplinary action against an attorney or legal professional corporation regarding the matters referred to in Article 56, paragraph (1) on its own authority, it may take disciplinary action against the attorney or corporation pursuant to the provisions of the paragraphs (2) through (6).
(2)If the Japan Federation of Bar Associations considers that there are reasonable grounds for disciplinary action against an attorney or legal professional corporation, it may start the disciplinary procedures and have the disciplinary committee of the Japan Federation of Bar Associations investigate the matter.
(3)If, based on an investigation referred to in the preceding paragraph, the disciplinary committee of the Japan Federation of Bar Associations finds it appropriate to request that the disciplinary action committee of the Japan Federation of Bar Associations examine the matter relevant to the subject attorney or corporation, the disciplinary committee is to adopt a resolution to that effect. In this case, based on the relevant resolution, the Japan Federation of Bar Associations must request that the disciplinary action committee of the Japan Federation of Bar Associations examine the matter.
(4)If, based on an investigation referred to in paragraph (2), the disciplinary committee of the Japan Federation of Bar Associations finds that it is not able to start disciplinary procedures against the subject attorney or corporation, finds that there are no grounds for disciplinary action against the subject attorney or corporation, or finds that it is apparent that disciplinary action must not be taken in light of the severity of the matter or other extenuating circumstances, the disciplinary committee is to adopt a resolution that it is appropriate not to request that the disciplinary action committee of the Japan Federation of Bar Associations examine the matter. In this case, the Japan Federation of Bar Associations must make a decision not to take disciplinary action against the subject attorney or corporation, based on the relevant resolution.
(5)If, based on an examination referred to in paragraph (3), the disciplinary action committee of the Japan Federation of Bar Associations finds that it is appropriate to take disciplinary action against the subject attorney or corporation, it is to adopt a resolution to that effect, clarifying the details of that disciplinary action. In this case, the Japan Federation of Bar Associations must take disciplinary action against the subject attorney or corporation, based on the relevant resolution.
(6)If, based on an examination referred to in paragraph (3), the disciplinary action committee of the Japan Federation of Bar Associations finds that it is appropriate not to take disciplinary action against the subject attorney or corporation, the committee is adopt a resolution to that effect. In this case, the Japan Federation of Bar Associations must make a decision not to take disciplinary action against the subject attorney or corporation, based on the relevant resolution.
(Filing a Lawsuit)
Article 61(1)A person whose request for an administrative review of disciplinary action taken by a bar association pursuant to the provisions of Article 56 is dismissed or rejected or who is subject to disciplinary action taken by the Japan Federation of Bar Associations pursuant to the provisions of Article 60 may file a lawsuit for the revocation of the abovementioned actions with the Tokyo High Court.
(2)A lawsuit for the revocation regarding disciplinary action taken by a bar association pursuant to the provisions of Article 56 may be filed only against the administrative determination that the Japan Federation of Bar Associations has made on that disciplinary action.
(Restrictions on Requests for Transfer of the Registration)
Article 62(1)An attorney against subject to disciplinary procedures may not file a request for transfer of the registration or a request for revocation of the registration until the relevant procedures are completed.
(2)A legal professional corporation subject to disciplinary procedures is not to withdraw from the bar association in which it holds a membership until the relevant procedures are completed, even if it no longer has a law office within the district of that bar association due to relocation or closure of that office.
(3)A legal professional corporation subject to disciplinary procedures may not transfer its bar association pursuant to Article 36-2, paragraph (4) until the relevant procedures are completed.
(4)If a legal professional corporation subject to disciplinary procedures relocates its principal law office to a place outside the district of the bar association in which it holds a membership, the legal professional corporation is deemed to have its principal law office at its former location until the relevant procedures are completed, concerning the application of the provisions of this Chapter.
(5)A legal professional corporation subject to disciplinary procedures is deemed to still exists even after its liquidation has been completed, unless the relevant procedures have not been completed, concerning the application of the provisions of this Chapter.
(Statute of Limitations)
Article 63No disciplinary procedures can be started if three years have elapsed since the grounds for disciplinary action against the attorney or legal professional corporation arose.
Section 2 Filing of an Objection by a Person Requesting That Disciplinary Action Be Taken
(Filing of an Objection by a Person Requesting That Disciplinary Action Be Taken)
Article 64(1)Despite a request for disciplinary action filed against an attorney or legal professional corporation pursuant to the provisions of Article 58, paragraph (1), if a bar association has made a decision not to take disciplinary action against the subject attorney or corporation, or has not completed disciplinary procedures within a reasonable period, a person that has filed the request (hereinafter referred to as a "person requesting that disciplinary action be taken") may file an objection with the Japan Federation of Bar Associations. The same applies if the person requesting that disciplinary action be taken considers that disciplinary action taken by the bar association was unjustly lenient.
(2)An objection under the preceding paragraph (excluding an objection filed against disciplinary procedures which are not completed within a reasonable period) must be filed within a three months period that commences from the day following the receipt date of the bar association's notice under Article 64-7, paragraph (1), item (ii) regarding a decision not to take disciplinary action, or from the day following the receipt date of the bar association's notice under Article 64-6, paragraph (2) regarding disciplinary action.
(3)If a written objection is submitted by mail or via a postal service referred to in Article 2, paragraph (2) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) that is provided by a general correspondence service provider referred to in Article 2, paragraph (6) of that Act or by a specified correspondence service provider referred to in paragraph (9) of that Article, the days needed for delivery are not included in the calculation of a period for filing the objection referred to in the preceding paragraph.
(Examination of an Objection by the Disciplinary Committee of the Japan Federation of Bar Associations)
Article 64-2(1)If an objection is filed with the Japan Federation of Bar Associations pursuant to the provisions of paragraph (1) of the preceding Article, and the relevant matter has not been examined by the disciplinary action committee of the original bar association (meaning the bar association to which the person requesting that disciplinary action be taken has filed that request; the same applies hereinafter), the Japan Federation of Bar Associations must request that its disciplinary committee examine the objection.
(2)If, based on the examination of the objection referred to in the preceding paragraph, the disciplinary committee of the Japan Federation of Bar Associations finds it appropriate to request that the disciplinary action committee of the original bar association examine the matter relevant to the objection that has been filed against the original bar association's decision not to take disciplinary action against the subject attorney or corporation, pursuant to the provisions of Article 58, paragraph (4), the disciplinary committee of the Japan Federation of Bar Associations is to adopt a resolution to that effect. In this case, based on the relevant resolution, the Japan Federation of Bar Associations is to revoke the original bar association's decision not to take disciplinary action against the subject attorney or corporation, and send the matter to the original bar association.
(3)The original bar association to which the matter is sent pursuant to the provisions of the preceding paragraph must request that its disciplinary action committee examine the matter. In this case, the provisions of Article 58, paragraphs (5) and (6) apply mutatis mutandis.
(4)If, based on an examination of the objection referred to in paragraph (1), the disciplinary committee of the Japan Federation of Bar Associations finds that there are reasonable grounds for the objection that has been filed against the original bar association for not completing disciplinary procedures within a reasonable period, it is to adopt a resolution to that effect. In this case, based on the relevant resolution, the Japan Federation of Bar Associations must order that the original bar association promptly proceed with the disciplinary procedures and make a decision on whether or not to take disciplinary action against the subject attorney or corporation.
(5)If the disciplinary committee of the Japan Federation of Bar Associations finds that it is appropriate to dismiss the objection as not being in accordance with law or reject the objection as being groundless, the disciplinary committee of the Japan Federation of Bar Associations is to adopt a resolution to that effect. In this case, the Japan Federation of Bar Associations must make a decision to dismiss or reject the objection, based on the relevant resolution.
(Requests for a Discipline Review)
Article 64-3(1)If the Japan Federation of Bar Associations makes a decision to dismiss or reject the objection under paragraph (2) of the preceding Article, pursuant to the provisions of paragraph (5) of that Article, but the person requesting that disciplinary action be taken is dissatisfied with that decision, they may file a request with the Japan Federation of Bar Associations to have its board of discipline review conduct a discipline review. In this case, the Japan Federation of Bar Associations must request that the board of discipline review conduct a discipline review.
(2)The request for a discipline review under the preceding paragraph must be filed within a 30-day period that commences from the date following on which notice under Article 64-7, paragraph (2), item (vi) is received regarding the Japan Federation of Bar Association's decision to dismiss or reject the objection.
(3)The provisions of Article 64, paragraph (3) apply mutatis mutandis to the request for a discipline review referred to in the preceding paragraph.
(Discipline Reviews)
Article 64-4(1)If the board of discipline review finds that it is appropriate to request that the disciplinary action committee of the original bar association examine the relevant matter, based on the discipline review referred to in paragraph (1) of the preceding Article, the board of discipline review is to adopt a resolution to that effect. This resolution must be adopted by a two-thirds majority of total number of the board members.
(2)In the case referred to in the preceding paragraph, the Japan Federation of Bar Associations is to send the matter to the original bar association based on the relevant resolution, after it revokes its own decision to dismiss or reject the objection and the original bar association's decision not to take disciplinary action against the subject attorney or corporation.
(3)The original bar association to which the matter has been sent pursuant to the provisions of the preceding paragraph must request that its disciplinary action committee examine the matter. In this case, the provisions of Article 58, paragraphs (5) and (6) apply mutatis mutandis.
(4)If the board of discipline review finds that it is appropriate to dismiss the request for a discipline review as not being in accordance with law, the board of discipline review is to adopt a resolution to that effect. In this case, the Japan Federation of Bar Associations must make a decision to dismiss the request for a discipline review, based on the relevant resolution.
(5)Except for the case referred to in the preceding paragraph, if the board of discipline review is unable to adopt a resolution referred to in paragraph (1), it must adopt a resolution to that effect. In this case, the Japan Federation of Bar Associations must make a decision to reject the request for a discipline review, based on the relevant resolution.
(Examination of an Objection by the Disciplinary Action Committee of the Japan Federation of Bar Associations)
Article 64-5(1)If an objection is filed with the Japan Federation of Bar Associations pursuant to the provisions of Article 64, paragraph (1), and the relevant matter has been examined by the disciplinary action committee of the original bar association, the Japan Federation of Bar Associations must request that its disciplinary action committee examine the objection.
(2)If, based on the examination of the objection referred to in the preceding paragraph, the disciplinary action committee of the Japan Federation of Bar Associations finds that it is appropriate to take disciplinary action against the subject attorney or corporation regarding the objection that has been filed against the original bar association's decision not to take disciplinary action against the subject attorney or corporation pursuant to the provisions of Article 58, paragraph (6), the committee is to adopt a resolution to that effect, clarifying the details of the disciplinary action. In this case, based on the relevant resolution, the Japan Federation of Bar Associations must revoke the original bar association's decision not to take disciplinary action against the subject attorney or organization, and take disciplinary action against that attorney or corporation, on its own authority.
(3)If, based on an examination of the objection referred to in paragraph (1), the disciplinary action committee of the Japan Federation of Bar Associations finds that there are reasonable grounds for the objection that has been filed against the original bar association for not completing disciplinary procedures within a reasonable period, it is to adopt a resolution to that effect. In this case, based on the relevant resolution, the Japan Federation of Bar Associations must order that the original bar association promptly proceed with the disciplinary procedures and make a decision on whether or not to take disciplinary action against the subject attorney or corporation.
(4)If, based on an examination of the objection under paragraph (1), the disciplinary action committee of the Japan Federation of Bar Associations finds that there are reasonable grounds for the objection stating that the disciplinary action the original bar association took is unjustly lenient, the disciplinary action committee is to adopt a resolution stating that it is appropriate to modify the disciplinary action, clarifying the details of the disciplinary action to be taken. In this case, the Japan Federation of Bar Associations must revoke the original bar association's disciplinary action, and take disciplinary action against the subject attorney or corporation on its own authority, based on the relevant resolution.
(5)If the disciplinary action committee of the Japan Federation of Bar Associations finds that it is appropriate to dismiss the objection as not being in accordance with law or to reject the objection as being groundless, it is to adopt a resolution to that effect. In this case, the Japan Federation of Bar Associations must make a decision to dismiss or reject the objection, based on the relevant resolution.
(Notice and Public Notice of Disciplinary Action)
Article 64-6(1)If the bar association or the Japan Federation of Bar Associations takes disciplinary action against a subject attorney or corporation, it must give written notice of the details and grounds for the disciplinary action to the subject attorney or corporation.
(2)If the bar association has taken disciplinary action against a subject attorney or corporation, the bar association must promptly give written notice of the details and grounds for the disciplinary action to the person requesting that the disciplinary action be taken, any other bar association in which the legal corporation subject to the disciplinary procedures holds a membership, and the Japan Federation of Bar Associations; and, if the Japan Federation of Bar Associations has taken disciplinary action against a subject attorney or corporation, the Japan Federation of Bar Associations must promptly give written notice of the details and grounds for the disciplinary action to the person requesting that the disciplinary action be taken and the bar association in which the subject attorney or corporation holds a membership.
(3)If the bar association or the Japan Federation of Bar Associations has taken disciplinary action against a subject attorney or corporation, the Japan Federation of Bar Associations must publicize the details of the disciplinary action in the Official Gazette without delay.
(Notice Regarding Disciplinary Procedures)
Article 64-7(1)If the disciplinary procedures fall under any of the following items, the bar association must promptly give written notice of the details prescribed in the relevant items to the subject attorney or corporation, the person requesting that disciplinary action be taken, any other bar association in which the legal professional corporation subject to the disciplinary procedures holds a membership, and the Japan Federation of Bar Associations:
(i)if it has the disciplinary committee investigate the relevant matter or requests that the disciplinary action committee examine the relevant matter: a statement to that effect and the details of the relevant matter;
(ii)if it makes a decision not to take disciplinary action against the subject attorney or corporation: a statement to that effect and the grounds;
(iii)if the disciplinary action committee or its sub-committee suspends the disciplinary procedures due to pending criminal proceedings based on the same grounds or resumes those disciplinary procedures: a statement to that effect; or
(iv)if disciplinary procedures end because the attorney subject to the disciplinary procedures either dies or is no longer an attorney: a statement to that effect and the grounds.
(2)If the disciplinary procedures fall under any of the following items, the Japan Federation of Bar Associations must promptly give written notice of the details prescribed in the relevant items to the subject attorney or corporation, the person requesting that disciplinary action be taken, and the bar association in which the subject attorney or corporation holds a membership:
(i)if it has the disciplinary committee investigate the relevant matter, or requests that the disciplinary action committee examine the relevant matter: a statement to that effect and the details of the relevant matter;
(ii)if it makes a decision not to take disciplinary action against the subject attorney or corporation: a statement to that effect and the grounds;
(iii)if it request that the disciplinary committee examine the objection, requests that the board of discipline review conduct a discipline review, or requests that the disciplinary action committee examine the objection: a statement to that effect;
(iv)if it sends the relevant matter to the original bar association pursuant to the provisions of Article 64-2, paragraph (2) or Article 64-4, paragraph (2): a statement to that effect and the grounds;
(v)if it orders that the original bar association promptly proceed with disciplinary procedures and make a decision on whether or not to take disciplinary action against the subject attorney or corporation: a statement to that effect and the grounds;
(vi)if it makes a decision to dismiss or reject the objection: a statement to that effect and the grounds;
(vii)if it makes a decision to dismiss or reject a request for a discipline review: a statement to that effect and the grounds;
(viii)if the disciplinary action committee or its sub-committee suspends the disciplinary procedures due to pending criminal proceedings based on the same grounds or resumes those disciplinary procedures: a statement to that effect; or
(ix)if disciplinary procedures end because the attorney subject to the disciplinary procedures either dies or is no longer an attorney: a statement to that effect and the grounds.
Section 3 The Disciplinary Action Committee
(Establishment of a Disciplinary Action Committee)
Article 65(1)Bar associations and the Japan Federation of Bar Associations establish disciplinary action committees.
(2)A disciplinary action committee conducts necessary examinations regarding the disciplinary action against the member attorney or legal professional corporation at the request of the bar association or the Japan Federation of Bar Associations under which the committee is established.
(Composition of a Disciplinary Action Committee)
Article 66A disciplinary action committee is composed of four or more members, and their number is specified in the articles of association of the bar association or the Japan Federation of Bar Associations under which the committee is established.
(Members of a Disciplinary Action Committee)
Article 66-2(1)The members of a disciplinary action committee of a bar association are appointed respectively by the president of the bar association from among attorneys, judges, public prosecutors, and persons with relevant expertise. In this case, the committee members who are judges or public prosecutors must be appointed based on the recommendations from the high court or the district court that is located within the same jurisdiction, or based on the recommendations from the superintendent public prosecutor of the high public prosecutors' office or the chief public prosecutor of the district public prosecutors' office that is located within the same jurisdiction, and the other members must be appointed based on a resolution adopted at a general meeting of the bar association.
(2)The members of the disciplinary action committee of the Japan Federation of Bar Associations are appointed respectively by the president of the Japan Federation of Bar Associations from among attorneys, judges, public prosecutors, and persons with relevant expertise. In this case, the members who are judges or public prosecutors must be appointed based on the recommendations from the Supreme Court or the Prosecutor General, and the other members must be appointed based on a resolution adopted at a general meeting of the Japan Federation of Bar Associations.
(3)The term of members of a disciplinary action committee is two years; provided, however, that the term of a substitute member is the remaining term of their predecessor.
(4)With respect to the application of the Penal Code and other penal provisions, the member of a disciplinary action committee is deemed to be the official engaging in public duties pursuant to the provisions of laws and regulations.
(The Chairperson of a Disciplinary Action Committee)
Article 66-3(1)A disciplinary action committee has a chairperson, who is elected from among its members.
(2)The chairperson presides over all affairs of the committee.
(3)If the chairperson is unavailable to perform their duties, those duties are fulfilled by another member designated according to the order determined in advance by the disciplinary action committee.
(4)The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to the chairperson.
(Reserve Committee Members of a Disciplinary Action Committee)
Article 66-4(1)A disciplinary action committee has four or more reserve members, and their number is specified in the articles of association of the bar association or the Japan Federation of Bar Associations under which the committee is established.
(2)If a committee member is unavailable to perform their duties or their position is vacant, the president of the bar association or the president of the Japan Federation of Bar Associations appoints a person who acts in place of that member from among the reserve committee members having the same qualifications.
(3)The provisions of Article 66-2 apply mutatis mutandis to reserve committee members.
(Sub-Committees of a Disciplinary Action Committee)
Article 66-5(1)A disciplinary action committee may establish sub-committees to examine the relevant matter as necessary.
(2)A sub-committee is composed of one or more attorneys, judges, public prosecutors, or persons with relevant expertise, who are appointed as members by the chairperson.
(3)A sub-committee has a chairperson, who is elected from among the sub-committee members.
(4)If the chairman of the sub-committee is unavailable to perform their duties, those duties are fulfilled by another sub-committee member designated according to the order determined in advance by the sub-committee.
(5)A disciplinary action committee may adopt its sub-committee's resolution as its resolution on the matter that the sub-committee has examined, according to the rules of the committee.
(Examination Procedures of a Disciplinary Action Committee)
Article 67(1)If a disciplinary action committee is requested to examine the relevant matter, it must promptly set the date of the examination and give notice of that date to the subject attorney or corporation.
(2)An attorney or member of a legal professional corporation subject to an examination may appear before the committee on the date of examination and make a statement. In this case, the relevant attorney or member of the legal professional corporation must follow the directions given by the chairperson of the disciplinary action committee.
(3)If it is necessary for its examination, the disciplinary action committee may request that the subject attorney or corporation, the person requesting that disciplinary action be taken, person concerned, public agencies, or other organs make statements, provide explanations, or submit materials.
(Resolution Statements of a Disciplinary Action Committee)
Article 67-2When a resolution is adopted, the disciplinary action committee must promptly prepare a resolution statement that states the grounds.
(Suspension of Disciplinary Procedures)
Article 68A disciplinary action committee may suspend disciplinary procedures while criminal proceedings are pending based on the same grounds.
(Provisions that Apply Mutatis Mutandis to Sub-Committees of a Disciplinary Action Committee)
Article 69The provisions of the preceding three Articles apply mutatis mutandis to the sub-committees of a disciplinary action committee.
Section 4 The Disciplinary Committee
(Establishment of a Disciplinary Committee)
Article 70(1)Bar associations and the Japan Federation of Bar Associations establish disciplinary committees.
(2)A disciplinary committee of a bar association conducts the investigations referred to in Article 58, paragraph (2) and Article 71-6, paragraph (2), and handles other matters related to maintenance of the discipline of attorneys and legal professional corporations that holds a membership in the bar association under which the committee is established.
(3)The disciplinary committee of the Japan Federation of Bar Associations conducts the investigations referred to in Article 60, paragraph (2) and Article 71-6, paragraph (2) and the examinations of the objections referred to in Article 64-2, paragraph (1), and handles other matters related to maintenance of the discipline of attorneys and legal professional corporations.
(Composition of a Disciplinary Committee)
Article 70-2A disciplinary committee is composed of four or more members, and their number is specified in the articles of association of the bar association or the Japan Federation of Bar Associations under which the committee is established.
(Members of a Disciplinary Committee)
Article 70-3(1)The members of a disciplinary committee of a bar association is appointed respectively by the president of the bar association from among attorneys, judges, public prosecutors and persons with relevant expertise. In this case, the provisions of the second sentence of Article 66-2, paragraph (1) apply mutatis mutandis.
(2)The members of the disciplinary committee of the Japan Federation of Bar Associations is appointed respectively by the president of the Japan Federation of Bar Associations from among attorneys, judges, public prosecutors, and persons with relevant expertise. In this case, the provisions of the second sentence of Article 66-2, paragraph (2) apply mutatis mutandis.
(3)The term of members of a disciplinary committee is two years; provided, however, that the term of a substitute member is the remaining term of their predecessor.
(4)With respect to the application of the Penal Code or other penal provisions, the members of a disciplinary committee is deemed to be the officials engaging in public duties pursuant to the provisions of laws and regulations.
(The Chairperson of a Disciplinary Committee)
Article 70-4(1)A disciplinary committee has a chairperson, who is elected from among its members.
(2)The chairperson presides over all affairs of the committee.
(3)If the chairperson is unavailable to perform their duties, those duties are fulfilled by another member designated according to the order determined in advance by the disciplinary committee.
(4)The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to the chairperson.
(Reserve Committee Members of a Disciplinary Committee)
Article 70-5(1)A disciplinary committee has four or more reserve committee members, and their number is specified in the articles of association of the bar association or the Japan Federation of Bar Associations under which the committee is established.
(2)If a committee member is unavailable to perform their duties or their position is vacant, the president of the bar association or the president of the Japan Federation of Bar Associations appoints a person who acts in place of that member from among the reserve committee members that have the same qualifications.
(3)The provisions of Article 70-3 apply mutatis mutandis to reserve committee members.
(Sub-Committees of a Disciplinary Committee)
Article 70-6(1)A disciplinary committee may establish sub-committees to investigate or examine the matter as necessary.
(2)A sub-committee is composed of one or more attorneys, court judges, public prosecutors, or persons with relevant expertise, who are appointed as members by the chairperson.
(3)A sub-committee has a chairperson, who is elected from among the sub-committee members.
(4)If the chairman of the sub-committee is unavailable to perform their duties, those duties are fulfilled by another sub-committee member designated according to the order determined in advance by the sub-committee.
(5)A disciplinary committee may adopt its sub-committee's resolution as its resolution on the matter that the sub-committee has investigated or examined, according to the rules of the committee.
(Requests for Statements by a Disciplinary Committee)
Article 70-7If it is necessary for its investigation or examination, a disciplinary committee may request the subject attorney or corporation, the person requesting that disciplinary action be taken, person concerned, public agencies, or other organs make statements, provide explanations, or submit materials.
(Resolution Statements of a Disciplinary Committee)
Article 70-8When a resolution is adopted, a disciplinary committee must promptly prepare a resolution statement that states the grounds.
(Provisions that Apply Mutatis Mutandis to Sub-Committees of a Disciplinary Committee)
Article 70-9The provisions of the preceding two Articles apply mutatis mutandis to the sub-committees of a disciplinary committee.
Section 5 The Board of Discipline Review
(Establishment of the Board of Discipline Review)
Article 71(1)The board of discipline review is established under the Japan Federation of Bar Associations.
(2)If a bar association has made a decision not to take disciplinary action against the subject attorney or corporation pursuant to the provisions of Article 58, paragraph (4), and the Japan Federation of Bar Associations has made a decision to dismiss or reject the objection filed by the person requesting that the disciplinary action be taken, if that person additionally files a request for a discipline review, the board of discipline review is to conduct a discipline review as necessary to ensure appropriate disciplinary procedures, reflecting the opinions of the public.
(Composition of the Board of Discipline Review)
Article 71-2The board of discipline review is composed of eleven members.
(Members of the Board of Discipline Review)
Article 71-3(1)The members of the board of discipline review are appointed by the president of the Japan Federation of Bar Associations from among persons with relevant expertise (excluding those who is or was an attorney, judge, or public prosecutor) based on a resolution adopted at a general meeting of the Japan Federation of Bar Associations.
(2)The term of the members of the board of discipline review is two years; provided, however, that the term of a substitute member is the remaining term of their predecessor.
(3)With respect to the application of the Penal Code or other penal provisions, the members are deemed to be the officials engaging in public duties pursuant to the provisions of laws and regulations.
(The Chairperson of the Board of Discipline Review)
Article 71-4(1)The board of discipline review has a chairperson, who is elected from among the members.
(2)The chairman presides over all affairs of the board.
(3)If the chairperson is unavailable to perform their duties, those duties are fulfilled by another member designated according to the order determined in advance by the board of discipline review.
(4)The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to the chairperson.
(Reserve Members of the Board of Discipline Review)
Article 71-5(1)The board of discipline review has reserve members, and their number is specified in the articles of association of the Japan Federation of Bar Associations.
(2)If a member is unavailable to perform their duties or their position is vacant, the president of the Japan Federation of Bar Associations appoints a person who acts in place of that member from among the reserve members that have the same qualifications.
(3)The provisions of Article 71-3 apply mutatis mutandis to reserve members.
(Statements Requested by the Board of Discipline Review)
Article 71-6(1)If it is necessary for conducting a discipline review, the board of discipline review may request that the subject attorney or corporation, the person requesting that disciplinary action be taken, person concerned, public agencies, or other organs make statements, provide explanations, or submit materials.
(2)If it is necessary for conducting a discipline review, the board of discipline review may entrust the disciplinary committee of the bar association in which the subject attorney or corporation holds a membership or the disciplinary committee of the Japan Federation of Bar Associations with any necessary investigations.
(Resolution Statements of the Board of Discipline Review)
Article 71-7When a resolution is adopted, the board of discipline review must promptly prepare a resolution statement that states the grounds
Chapter IX Regulations on the Handling of Legal Services
(Prohibition of the Handling of Legal Services by Non-Attorneys)
Article 72No person other than an attorney or legal professional corporation may provide an expert opinion, represent a client, arbitrate a case, settle a case, or otherwise handle legal services regarding a litigation case, non-contentious case, case in which an appeal is filed against an administrative authority, including a request for an administrative review, request for re-investigation, or request for re-examination, or other general legal cases, or engage in mediation services involving the abovementioned actions, for the purpose of receiving compensation as their business; provided, however, this does not apply to a case otherwise provided in this Act or other laws.
(Prohibition Against Exercising Assigned Rights as Business)
Article 73As their business, no person may exercise rights that another person has assigned to them through a lawsuit, conciliation, settlement, or any other means.
(Prohibition Against False Indication by Non-Attorneys)
Article 74(1)A person who is not an attorney or legal professional corporation must not use the indication or description of "attorney" or "law office."
(2)A person who is not an attorney or legal professional corporation must not use the indication or description that the person handles legal consultations or other legal services, in order to make a profit.
(3)A person that is not a legal professional corporation must not use "legal professional corporation" or any other name similar to this in its name.
Chapter X Penal Provisions
(The Crime of False Registration)
Article 75(1)If a person who is not qualified to become an attorney has their name registered in the roll of attorneys by filing a false statement on their professional qualifications with the Japan Federation of Bar Associations, the person is punished by imprisonment with work for not more than two years or a fine of not more than one million yen.
(2)The provisions of the preceding paragraph also apply to a person who obtained certification from the Minister of Justice on the application under Article 5-2, paragraph (1), by filing a false statement on the important matters, such as the period during which the person retained the position provided for in Article 5, item (i) or (iii), the period during which the person engaged in the duties provided for in item (ii) of that Article, and the details of the duties referred to in that item.
(3)Any attempt to commit the crimes referred to in the preceding two paragraphs is punishable.
(The Crime of Corruption)
Article 76Any person who violates the provisions of Article 26 or Article 30-20 is punished by imprisonment with work for not more than three years.
(The Crime of Acting in Concert with a Non-Attorney)
Article 77A person who falls under any of the following items is punished by imprisonment with work for not more than two years or a fine of not more than three million yen:
(i)a person who violates the provisions of Article 27 (including as applied mutatis mutandis pursuant to the provisions of Article 30-21);
(ii)a person who violates the provisions of Article 28 (including as applied mutatis mutandis pursuant to the provisions of Article 30-21);
(iii)a person who violates the provisions of Article 72; or
(iv)a person who violates the provisions of Article 73.
(The Crime of False Indication)
Article 77-2Any person who violates the provisions of Article 74 is punished by a fine of not more than one million yen.
Article 77-3If, in violation of the provisions of Article 955, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to the provisions of Article 30-28, paragraph (6) (including as applied mutatis mutandis pursuant to the provisions of Article 43, paragraph (3)), a person fails to enter or record the details specified by Ministry of Justice Order or enters or records false details in the investigation record books, etc. prescribed in Article 955, paragraph (1) of the Companies Act regarding the investigation into an electronic public notice prescribed in that paragraph, or fails to retain those investigation record books, etc., that person is punished by a fine of not more than three hundred thousand yen.
(Concurrent Punishments)
Article 78(1)If a member or employer of a legal professional corporation violates the provisions of the following items in connection with the legal services of the relevant corporation, that member or employer is punished, and in addition, the relevant legal professional corporation is subject to a fine specified in the relevant items:
(i)a violation of Article 76 (limited to the part referring to the provisions of Article 30-20): a fine of not more than three million yen; or
(ii)a violation of Article 77, item (i) (limited to the part referring to the provisions of Article 27 as applied mutatis mutandis pursuant to the provisions of Article 30-21) or Article 77, item (ii) (limited to the part referring to the provisions of Article 28 as applied mutatis mutandis pursuant to the provisions of Article 30-21): the fine referred to in Article 77.
(2)If a representative of a corporation or an agent, employee, other worker of a corporation or individual violates the provisions of Article 77, item (iii) or (iv), Article 77-2, or the preceding Article in connection with the services of the corporation or individual, in addition for the offender being subject to punishment, the corporation or individual is punished by a fine specified in the relevant Article.
(Civil Fines)
Article 79A person who falls under any of the following items is punished by a civil fine of not more than one million yen:
(i)a person who fails to report or submits a false report, in violation of the provisions of Article 946, paragraph (3) of the Companies Act as applied mutatis mutandis pursuant to the provisions of Article 30-28, paragraph (6) of this Act (including as applied mutatis mutandis pursuant to the provisions of Article 43, paragraph (3) of this Act; the same applies in the following item); or
(ii)a person who refuses any requests specified in the items of Article 951, paragraph (2) or the items of Article 955, paragraph (2) of the Companies Act as applied mutatis mutandis pursuant to the provisions of Article 30-28, paragraph (6) of this Act, without justifiable grounds.
Article 79-2A member or liquidator of a legal professional corporation who falls under any of the following items is punished by a civil fine of not more than three hundred thousand yen:
(i)failing to register, in violation of the provisions of Cabinet Order under this Act;
(ii)merging in violation of the provisions of Article 30-28, paragraphs (2) or (5);
(iii)failing to request an investigation, in violation of the provisions of Article 941 of the Companies Act as applied mutatis mutandis pursuant to the provisions of Article 30-28, paragraph (6) of this Act;
(iv)failing to enter or record the details that are to be entered or recorded in the account books referred to in the articles of incorporation or Article 615, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to the provisions of Article 30-30, paragraph (1) or in the balance sheet referred to in Article 617, paragraph (1) or (2) of the Companies Act as applied mutatis mutandis pursuant to the provisions of Article 30-30, paragraph (1), or entering or recording false details in the relevant account books or balance sheet;
(v)failing to file a petition for commencing bankruptcy proceedings, in violation of the provisions of Article 656, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to the provisions of Article 30-30, paragraph (2);
(vi)distributing the corporation's assets in violation of the provisions of Article 664 of the Companies Act as applied mutatis mutandis pursuant to the provisions of Article 30-30, paragraph (2) of this Act; or
(vii)disposing the corporation's assets in violation of the provisions of Article 670, paragraph (2) or (5) of the Companies Act as applied mutatis mutandis pursuant to the provisions of Article 30-30, paragraph (2).
Supplementary Provisions
(Effective Date)
Article 80This Act comes into effect as of September 1, 1949.
(Persons Qualified as Attorneys Pursuant to the Prior Provisions)
Article 81With respect to the application of this Act, a person qualified as an attorney pursuant to the prior provisions is deemed to have completed the course for a legal apprentice at the time when the person becomes qualified as an attorney.
(Exceptions for Probationary Attorneys)
Article 82If a person who is a probationary attorney at the time this Act comes into effect has completed practical training for more than one year and a half and passed the examination in accordance with the provisions of the prior Attorneys Act, the person is deemed to have completed the course for a legal apprentice at the time when the person has passed that examination.
(Application of Grounds for Ineligibility of an Attorney)
Article 83With respect to the application of Article 7, a person who has been prohibited from providing services pursuant to the provisions of the prior Accountants Law (Act No.31 of 1927) is deemed to be have their registration as a certified public accountant revoked as disciplinary action, a person whose license as a tax accountant was revoked pursuant to the provisions of the prior Tax Accountants Law (Act No.46 of 1942) is deemed to have their registration as a certified public tax accountant revoked as disciplinary action, and a person who has been dismissed from their office as a government officer pursuant to the provisions of the Imperial Order to Dismiss Government Officers (No. 63 of 1899) is deemed to be a public employee who has been dismissed as disciplinary action.
(Registration on the Roll of Attorneys Under the Prior Provisions)
Article 84The registration on the former roll of attorneys under the prior provisions is deemed as registration on the roll of attorneys under the provisions of this Act.
(Requests for the Registration or Transfer of the Registration Under the Prior Provisions)
Article 85The request for the registration or transfer of the registration filed with the president of the Legal Affairs Office pursuant to the prior provisions is deemed to be transmission of request for the registration or transfer of the registration to the Japan Federation of Bar Associations.
(Attorney's Offices Under the Prior Provisions)
Article 86An office for which an attorney has filed the notification with the Attorney General of the Legal Affairs Office pursuant to the prior provisions is deemed to be an law office for which the attorney has filed the notification pursuant to the provisions of this Act.
(Transfer of the Roll of Attorneys Under the Prior Provisions)
Article 87At the request of the Japan Federation of Bar Associations, the Legal Affairs Office must transfer the roll of attorneys and other documents concerning attorneys and bar associations that have been kept at the Office to the Japan Federation of Bar Associations pursuant to the prior provisions.
(Current Bar Associations and Federation of Bar Associations)
Article 88(1)A bar association or a federation of bar associations under the jurisdiction of the same high court that exist at the time this Act comes into effect is deemed to be a bar association or federation of bar associations pursuant to the provisions of this Act.
(2)The bar associations or federations of bar associations referred to in the preceding paragraph must promptly obtain the approval of the Japan Federation of Bar Associations on their articles of association or rules; in addition, the bar associations must register their establishment.
(3)The provisions of Article 34, paragraph (2) and paragraphs (4) through (6) apply mutatis mutandis to the registration referred to in the preceding paragraph.
(Special Provisions for Bar Associations Within the Same District)
Article 89(1)Notwithstanding the provisions of Article 32, two or more bar associations that exist within the jurisdiction of the same district court at the time this Act comes into effect may continue to exist after this Act comes into effect.
(2)The bar association referred to in the preceding paragraph may be merged with another bar association or be dissolved at any time.
(3)The provisions of Article 43, paragraphs (2) through (5) and Article 43-2 through Article 43-14 apply mutatis mutandis to a merger or dissolution referred to in the preceding paragraph.
(Preparatory Proceedings for the Establishment of the Japan Federation of Bar Associations)
Article 90Any preparatory proceedings necessary for the establishment of the Japan Federation of Bar Associations may commence before the date specified in Article 80.
(Application of the Act on Special Measures for the Qualifications of an Attorney and a Probationary Attorney)
Article 91The prior laws continue to govern the application of the Act on Special Measures for the Qualifications of an Attorney and a Probationary Attorney (Act No. 11 of 1946); provided, however, that the phrase a "probationary attorney" in that Act is deemed to be replaced with a "legal apprentice" and the duties of the examining committee are to be performed by the qualifications screening board of the Japan Federation of Bar Associations specified in this Act.
(Repeal of the Act concerning Control over the Provision of Legal Services)
Article 92The Act concerning Control over the Provision of Legal Services (Act No. 54 of 1933) is repealed; provided, however, that prior laws continue to govern the application of penal provisions to any conduct in which a person engaged before the repeal of that Act.