Chapter III. Name-list of Lawyers
(Registration of a Lawyer)
Article 8. A lawyer shall be required of having his name registered in the name-list kept in the Japan Federation of Bar Associations.
(Request for Registration)
Article 9. One who wishes to become a lawyer shall request the Japan Federation of Bar Associations to have his name registered through the Bar Association with which he wants to join.
(Request for Change of Registration)
Article 10. When a lawyer is going to change the Bar Association to which he belongs, he shall request the Japan Federation of Bar Associations to have his registration changed, through the Bar Association with which he wants to join newly.
2 When a lawyer asks for the change of his registration, he shall submit the report to that effect to the Bar Association to which he belongs.
(Request for Cancel of Registration)
Article 11. In case a lawyer is going to cease his business as a lawyer, he shall request the Japan Federation of Bar Associations to have his registration cancelled, through the Bar Association to which he belongs.
(Refusal to Forward Requests for Registration or Change of Registration)
Article 12. When a Bar Association deems a person derogatory to its good order or reputation or deems a person unfit for a lawyer's practice for any of the undermentioned reasons, it may refuse to forward his request for registration or change of registration, upon the decision of the Qualification Examination Committee:
i) When any mental or physical defect is found.
ii) When one who has fallen under the provisions of Article 6, item 3 has requested for it, three years after the date when he received such disciplinary measures as expulsion, prohibition from his business, cancel of his registration, annulment of his permission, or dismissal.
2 The preceding paragraph shall apply to a person who has occupied a public servant post requiring full-time service in the area of the said Bar Association within one year before his request for registration or change of registration, of which it is feared to be specially inappropriate to allow him to conduct business as a lawyer within the said district.
3 When the Bar Association refuses to recommend the application in conformity with the provisions of the preceding two paragraphs, it shall notify it without delay to the person who has requested for registration or change of registration.
(Request by Bar Association for Cancel of Registration)
Article 13. When a lawyer has made a false report on the matters specified in paragraph 1, items 1 and 2, and paragraph 2 of the preceding Article, the Bar Association may, upon the decision of the Qualification Examination Committee, request the Japan Federation of Bar Associations to cancel the registration.
2 When the Bar Association has requested for the cancel provided in the preceding paragraph, it shall notify it without delay to the lawyer.
(Demur to Refusal of Forwarding Requests, etc.)
Article 14. Any person, who has been refused to forward his request for registration or change of registration or whose registration was requested to be cancelled, in accordance with the provisions of the preceding two Articles, may demur to the Japan Federation of Bar Associations within thirty (30) days from the day when he received such notification.
2 In case the Bar Association concerned has not forwarded the request for registration or change of registration to the Japan Federation of Bar Associations even after three months have elapsed since it received the said request, the person who requested may, by considering its as having been refused, demur in the manner as mentioned in the preceding paragraph within thirty (30) days after three months have elapsed.
3 In case upon receiving the demur as mentioned in the preceding two paragraphs, the Japan Federation of Bar Associations finds a due reason for such demur upon the decision of the Qualification Examination Committee, it shall order to forward the request for registration or change of registration, or return the request for cancel of registration, while in case it finds no due reasons for such demur it shall reject it.
4 In case a step as mentioned in the preceding paragraph has been taken by the Japan Federation of Bar Associations, it shall notify it without delay to the person who has presented such a demur.
(Refusal of Registration or Change of Registration)
Article 15. When the Japan Federation of Bar Association receives the forwarding of request of registration or change of registration from a Bar Association, it may refuse such registration or change of registration upon the decision of the Qualification Examination Committee, if it finds it proper to refuse it for the reasons as specified in Article 12, paragraphs 1 and 2.
2 In case the Japan Federation of Bar Associations refuses the registration or change of registration in accordance with the provisions of the preceding paragraph, it shall notify it without delay to the person who has asked for the registration or change of registration and to the Bar Association which recommended it.
(Institution of Suits and the Procedures thereof)
Article 16. The person whose demur was rejected in line with the provision of Article 14, whose request for registration or change of registration was refused in accordance with the provision of the preceding Article, may institute suit with the Tokyo High Court within thirty (30) days from the date when he received the notification as mentioned above for the reason of illegality or injustice of such decision.
2 In case the Japan Federation of Bar Associations has not taken a step as mentioned in paragraph 3 of Article 14 within three (3) months even after its receiving the demur as mentioned in paragraph 1 or 2 of the same Article, or has not made the registration or change of registration even after three (3) months have elapsed since it received the request thereof, the person who demurred or requested may institute a suit of the preceding paragraph, by considering his demur of request as having been rejected or refused, within thirty (30) days after three months have elapsed.
3 The suit as mentioned in the preceding two paragraphs shall be raised against the Japan Federation of Bar Associations.
4 The Court may, if it deems it necessary, let the Bar Association, which has interest in the result of the said suit, participate in the case, through the exercise of its official authority.
5 The Court may conduct the investigations of evidences through its official authority, if it deems it necessary;provided, however, that it shall hear the opinions of the party concerned as to the result of the said investigations of evidences.
6 The suit as mentioned in paragraph 1 or 2 shall be handled in the manner as provided for in the Code of Civil Procedure (Law No.29 of 1890) besides this Article.
(Reasons for Cancel of Registration)
Article 17. The Japan Federation of Bar Associations shall cancel the registration of the name-list of lawyers on the following occasions:
i) When a lawyer has come to fall under the provisions of any one of items 1, 3, 4 and 5-(1) of Article 6.
ii) When a lawyer requests for cancel of registration in line with the provisions of Article 11.
iii) When a lawyer has been decided to be discharged from membership or to be expelled, or his cancel of registration in accordance with the provisions of Article 13 has been decided.
(Report on Reasons for Cancel of Registration)
Article 18. In case the Bar Association finds any due reasons for cancel of registration of a lawyer, to which he has been attached, in the name-list of lawyers, it shall report it without delay to the Japan Federation of Bar Associations.
(Notification and Public Notice of Registration, etc.)
Article 19. Registration, change of registration and cancel of registration in the name-list of lawyers shall be notified to the Bar Association to which the lawyer concerned is attached, by the Japan Federation of Bar Associations without delay, and at the same time shall be notified publicly through the Official Gazette.