Attorney Act (Bengoshi Hō)
The Attorney Act (Bengoshi Hō) governs the profession of attorneys (bengoshi) in Japan. Enacted in 1949, the Act establishes the qualifications, licensing, duties, and regulatory framework for attorneys. Attorneys in Japan are licensed by bar associations affiliated with the Japan Federation of Bar Associations (JFBA). The Act defines the scope of attorney practice, including litigation, advisory services, and document preparation.
Legal area: Law governing the qualifications, duties, and regulation of legal professionals.
Year enacted: 1949
Full text: https://elaws.e-gov.go.jp/document?lawid=japan-attorney-act
Key Provisions
- Chapter I: General provisions (definition, scope of practice)
- Chapter II: Qualifications and licensing (bar examination, apprenticeship)
- Chapter III: Bar associations (local and national)
- Chapter IV: Duties and obligations (confidentiality, conflict of interest)
- Chapter V: Attorney fees and compensation
- Chapter VI: Discipline and sanctions
Significance
The Attorney Act establishes the regulatory framework for Japan’s legal profession. The bar examination pass rate is approximately 25-40%, and candidates must complete a one-year apprenticeship at the Legal Training and Research Institute. The JFBA has approximately 45,000 members. The Act has been amended to allow limited practice by foreign attorneys and to address legal specialisation. Japan’s legal profession faces challenges including an insufficient number of attorneys and regional disparities in legal services.