Lawyers Law
法令番号: 法律第205号
公布年月日: 昭和24年6月10日
法令の形式: 法律
I hereby promulgate the Lawyers Law.
Signed:HIROHITO, Seal of the Emperor
This tenth day of the sixth month of the twenty-fourth year of Showa (June 10, 1949)
Prime Minister YOSHIDA Shigeru
Law No.205
Lawyers Law
The Lawyers Law (Law No.53 of 1933) shall be wholly amended.
Contents
Chapter I. Mission and Function of a Lawyer(Articles 1-3)
Chapter II. Qualifications of a Lawyer(Articles 4-7)
Chapter III. Name-list of Lawyers(Articles 8-19)
Chapter IV. Rights and Duties of a Lawyer(Articles 20-30)
Chapter V. Bar Associations(Articles 31-44)
Chapter VI. Japan Federation of Bar Associations(Articles 45-50)
Chapter VII. Qualifications Examination Committee(Articles 51-55)
Chapter VIII. Disciplinary Punishment(Articles 56-64)
Chapter IX. Disciplinary Committees and Professional Ethics Maintenance Committee(Articles 65-71)
Chapter X. Supervision over the Handling of Legal Business(Articles 72-74)
Chapter XI. Penal Regulations(Articles 75-79)
Supplementary Provisions
(Articles 80-92)
Chapter I. Mission and Function of a Lawyer
(Mission of a Lawyer)
Article 1. A lawyer has for his mission the protection of the fundamental human rights and realization of social justice.
2 A lawyer shall perform, in accordance with the mission as mentioned in the preceding paragraph, his function sincerely in his efforts for maintaining the social order and improving the legal system.
(Fundamental Standard of a Lawyer's Duty)
Article 2. A lawyer shall always strive to preserve a profound culture and build a high character, and be well acquainted with laws, ordinances and legal business.
(Function of a Lawyer)
Article 3. A lawyer shall perform, at the request of a party and other persons concerned, or government or public offices, the business dealing with litigation cases, non-litigation cases, raising of complaints against administrative offices such as petitions, demand of examinations and raising of objections, and other general legal business.
2 A lawyer may, as a matter of course, perform the business of the patent attorney and taxation affairs agent.
Chapter II. Qualifications of a Lawyer
(Qualifications of a Lawyer)
Article 4. One who has finished study as a judicial apprentice shall be qualified for a lawyer.
(Special Exceptions to Qualifications of a Lawyer)
Article 5. A person mentioned below may be qualified for a lawyer, notwithstanding the provisions of the preceding Article:
i) One who has been a judge of the Supreme Court.
ii) One who, after obtaining the qualifications for a judicial apprentice has assumed the post of a Summary Court judge, a public procurator, an investigator of the Court, a secretary of the Court, a secretary of the Attorney-General's Office, or a teacher of the Judicial Training Institute or the Training Institute of the Attorney-General's Office, for more than five years.
iii) One who has assumed the post of the professor or assistant professor of jurisprudence in a faculty, graduate course, or a post-graduate school of the universities designated by a law elsewhere, for more than five years.
iv) One who has assumed more than two of the posts mentioned in the preceding two items for more than five years in total. However, as to the posts mentioned in item 2, only the years of service after he has obtained the qualifications for a judicial apprentice shall be counted.
(Disqualifications of a Lawyer)
Article 6. Any person as mentioned below shall not be qualified for a lawyer irrespective of those provisions as mentioned in the preceding two Articles:
i) One who has been sentenced to a penalty heavier than imprisonment.
ii) One who has been dismissed by the Impeachment Court.
iii) Any person, who has been expelled as a lawyer, barred from his function as a patent attorney, cancelled of his registration as a publicly-recognized accountant, annulled of his permission as a taxation affairs agent, or removed from his office as a public service employee, through disciplinary measures, shall not be qualified for a lawyer unless three years have passed since such disciplinary measures have been imposed upon him.
iv) Incompetent or quasi-incompetent person.
v) A bankrupt who has not been rehabilitated.
(Exceptions for Persons Qualified as Lawyers of a Foreign Country)
Article 7. A person who is qualified for a lawyer of a foreign country and has a proper knowledge about laws of Japan, may perform those matters as specified in Article 3 under the approval of the Supreme Court, with the exception of such a person as mentioned in the preceding Article.
2 A person having a qualification for a lawyer in a foreign country, may perform those matters as mentioned in Article 3 relating to a foreign national or laws of the foreign countries, under the approval of the Supreme Court, with the exception of such a person as mentioned in the preceding Article.
3 The Supreme Court may conduct an examination or selection in giving the approval as provided in the preceding two paragraphs.
4 To one who has received the approval as provided in paragraph 1 or 2 of this Article, provisions of Articles 1, 2, Article 20, paragraph 3, Articles 23 to 29 inclusive, shall apply mutatis mutandis.
5 The Supreme Court may cancel its approval as provided in paragraph 1 or 2 of this Article, when it may be deemed necessary.
6 The Supreme Court cannot give or cancel the approval as provided in paragraph 1 or 2 without giving a hearing to the Japan Federation of Bar Associations.
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.
iv) When a lawyer dies.
(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.
Chapter IV. Rights and Duties of a Lawyer
(Law Office)
Article 20. The office of a lawyer shall be called a law office.
2 A law office shall be set up within the area under the jurisdiction of the Bar Association to which the said lawyer is attached.
3 A lawyer shall not establish two or more law offices, under whatever name. However, he may work at the law office of another lawyer.
(Duty to Notify on Law Office)
Article 21. The establishment or transfer of a law office of a lawyer shall be notified to the Bar Association to which he belongs and to the Japan Federation of Bar Associations without delay.
(Duty to Observe Regulations of Bar Association)
Article 22. A lawyer shall observe the regulations of the Bar Association to which he is attached and of the Japan Federation of Bar Associations.
(Right and Duty to Maintain Secrecy)
Article 23. A lawyer or a person who was previously a lawyer shall have the right and duty of maintaining the secrecy of any facts he came to know in performing his business, except in the case where laws define otherwise.
(Duty of Performing Entrusted Matters, etc.)
Article 24. A lawyer shall not refuse, without due reasons, to perform the matters as designated by the government or public offices in line with the provision of the laws and ordinances, or the matters as designated by the Bar Association to which he is attached or the Japan Federation of Bar Associations in line with the provisions of the latter's regulations.
(Cases in which a Lawyer may not Participate)
Article 25. A lawyer shall be barred from performing his business relating to the cases mentioned below;provided, however, that so far as the case mentioned in item 3 is concerned, if he obtains the consent of the person whose case he has accepted, he shall not be barred:
i) Cases where he supported the other party in his consultation with the latter or he accepted the request of the other party.
ii) Cases where he was consulted by the other party and the extent and means of such consultation could be considered as being based on the relationship of trust.
iii) Any other case entrusted by the other party in the case he has accepted.
iv) Cases which he handled in performing his duties in his capacity as a public employee.
v) Cases which he handled as a mediator in accordance with the mediation procedures.
(Prohibition upon Disgraceful Acts)
Article 26. A lawyer shall not receive, demand or promise to receive, any profits from the other party, in connection with the cases he has been entrusted.
(Prohibition upon Cooperation with Persons who are not Lawyers)
Article 27. A lawyer shall not take over any cases through the good offices of those persons who violated the provisions of Articles 72, 73 and 74, and shall not let such person make use of his name.
(Prohibition upon Transferring Rights in Dispute)
Article 28. A lawyer shall not take over any rights in dispute.
(Duty to Notify of Unacceptance of Case)
Article 29. When a lawyer will not agree to a request for a case, he shall notify it to the client without delay.
(Restrictions on Concurrent Public Posts and other Business)
Article 30. A lawyer shall not concurrently assume any public post with payment, with the exception of the case where he becomes a member of the Diet or local public communities'assemblies or other public servants in which he is not required full-time service, or he performs function, relating to any specific matter, as entrusted by the government or public office.
2 A lawyer shall be barred, without the permission of the Bar Association to which he is attached, from performing any business with the aim of obtaining profits, making himself an employee of the operator of such a business, or making himself an employee, director or staff of any juridical person having profits for its object.
Chapter V. Bar Association
(Object and Juridical Person Status)
Article 31. In view of the mission and function of lawyers, it shall be the object of a Bar Association to function in the business relating to the guidance, liaison and supervision of members, with a view to maintaining their dignity and planning for the improvement and progress of the lawyers'business.
2 A Bar Association shall be a juridical person.
(Area to be the Basis of Establishment)
Article 32. A Bar Association shall be established in the area under the jurisdiction of each district court.
(Regulations)
Article 33. A Bar Association shall define its regulations under the approval of the Japan Federation of Bar Associations.
2 The following matters shall be included in the regulations of the Bar Association:
i) Name and location of its office.
ii) Regulations pertaining to the selection, structure and official authorities of its chairman, vice-chairman and other organs.
iii) Rules pertaining to joining with or withdrawal from, the association.
iv) Rules pertaining to the Qualifications Examination Committee.
v) Rules pertaining to the conference.
vi) Rules pertaining to the forwarding of the request for registration, change of registration and cancel of registration, in the name-list of lawyers, and also the request for cancel or registration as provided in the provisions of Article 13.
vii) Rules pertaining to professional ethics of a lawyer and the maintenance of public discipline of the association members.
viii) Rules pertaining to the standard with regard to the recompense to be paid for a lawyer.
ix) Rules pertaining to legal assistance to be extended to the poor.
x) Rules pertaining to the recommendation of lawyers to government and public offices, etc.
xi) Rules pertaining to the training of the judicial apprentices.
xii) Rules pertaining to arbitration of disputes relative to the business of the association members.
xiii) Rules pertaining to proposals and replies thereto.
xiv) Rules pertaining to disciplinary punishment, the disciplinary committee, and the professional ethics maintenance committee.
xv) Rules pertaining to the membership fee.
xvi) Rules pertaining to the accounts and assets.
3 Any change of those matters as included in the preceding paragraph shall be approved by the Japan Federation of Bar Associations.
(Registration)
Article 34. A Bar Association shall be formed through registration of its foundation in its locality.
2 The following matters shall be included in registration for the foundation of the Bar Association:
i) Name.
ii) Name and area under the jurisdiction of the District Court which is the basis of its foundation.
iii) Office.
iv) Full names and address of its chairman, and vice-chairman.
3 In case a Bar Association is dissolved, it shall register its dissolution within two weeks from the day thereof.
4 Any change of those matters as mentioned in the preceding two paragraphs shall be registered within two weeks after such change occurred.
5 Matters that should be registered by the Bar Association cannot stand against a third party until they have been registered.
6 The necessary matters concerning registration procedures of Bar Associations shall be provided by Cabinet Orders, besides the provisions provided in this Law.
(Chairman and Vice-Chairman)
Article 35. A representative of a Bar Association shall be a chairman thereof.
2 In case of any hitch or vacancy of a chairman, the vice-chairman shall temporarily perform the functions as defined in this Law and the regulations of the Bar Association.
3 The chairman and vice-chairman shall be made officials who are engaged in public duties under the provisions of laws and ordinances.
(Joining and Withdrawing)
Article 36. The person who has been registered in the name-list of lawyers or whose registration has been changed in the said name-list, shall naturally be made a member of the Bar Association which he is going to join, and in case his registration has been changed he shall thereby withdraw from the Bar Association to which he was previously attached.
2 The person whose registration has been cancelled at the request in conformity with the provisions of Article 11, shall naturally withdraw from the Bar Association to which he has been attached.
(General Meeting)
Article 37. A Bar Association shall hold a regular general meeting every year.
2 A Bar Association may convene an extraordinary general meeting in case, it deems it necessary.
(Report on Resolution of General Meeting)
Article 38. A Bar Association shall report to the Japan Federation of Bar Associations on resolutions of the general meeting and its officers'appointment and retirement.
(Matters requiring Resolution of General Meeting)
Article 39. Any change in the regulations of a Bar Association, estimate budgets and settlement of accounts thereof, shall be determined through the resolution of its general meeting.
(Cancel of Resolution of General Meeting)
Article 40. In case any resolution passed in the general meeting of a Bar Association impairs public interests or violates the provisions of other laws and ordinances or the regulations of the said Bar Association or of the Japan Federation of Bar Associations, the Japan Federation of Bar Association may cancel such resolution.
(Mediation of Disputes)
Article 41. A Bar Association may mediate on the disputes with respect to the functions of a lawyer, at the request of lawyers, the parties concerned, or other persons concerned.
(Replies and Proposals)
Article 42. A Bar Association shall reply on the matters consulted or asked by the Japan Federation of Bar Associations.
2 A Bar Association may present its proposals or reply on the matters consulted, to the government and public offices, with regard to the business of lawyers and other judicial affairs.
(Merger of Dissolution)
Article 43. In case the change of the area under the jurisdiction of a district court requires the merger of dissolution of a Bar Association or Associations located within the said area, merger or dissolution of said Bar Association or Associations shall be effected through the resolutions in its or their general meeting.
2 In case of merger, the provisions of Articles 100 and 103 of the Commercial Code (Law No.48 of 1899) shall apply mutatis mutandis;to dissolution, the provisions of Articles 73, 74, 75, 76, 78, 79, 80, 82 of the Civil Code (Law No.89 of 1896) and Articles 26 and 27 of the Civil Code Enforcement Law (Law No.11 of 1898) shall apply mutatis mutandis.
3 In case of merger of Bar Associations, lawyers who have been attached to the Bar Association which dissolved itself through the said merger, shall naturally be made the members of the Bar Association which continues to exist after the said merger or has been set up newly through the said merger.
4 The provisions of Article 10, paragraph 1 shall apply mutatis mutandis to the case as mentioned in the preceding paragraph.
(Federations of Bar Associations)
Article 44. Bar Associations located in the area under the jurisdiction of the same High Court, may define their rules and establish a Federation of Bar Associations for the purpose of performing specific matters, under the approval of the Japan Federation of Bar Associations.
Chapter VI. Japan Federation of Bar Associations
(Establishment, Object and Juridical Person Status)
Article 45. Bar Associations throughout the whole country shall set up the Japan Federation of Bar Associations.
2 In view of the mission, and function of lawyers it shall be the object of the Japan Federation of Bar Associations to function in the business relating to the guidance, liaison and supervision of lawyers and Bar Associations, with the view of maintaining their dignity and planning for the improvement and progress of the lawyers business.
3 The Japan Federation of Bar Associations shall be juridical person.
(Regulations)
Article 46. The Japan Federation of Bar Associations shall define its regulations.
2 The regulations of the Japan Federation of Bar Associations shall include the following matters:
i) Matters as mentioned in items 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 13, 14 (however, matters concerning the discipline committee shall be excluded), 15 and 16 of paragraph 2, Article 33.
ii) Provisions pertaining to registration, change and cancel of registration, in the name-list of lawyers.
(Membership)
Article 47. Lawyers and Bar Associations shall naturally be made the members of the Japan Federation of Bar Associations.
(Request for Investigation)
Article 48. The Japan Federation of Bar Associations may request government and public offices to have necessary matters investigated relating to the matters concerning the guidance, liaison and supervisions of lawyers and Bar Associations.
(Authority of the Supreme Court)
Article 49. The Supreme Court may, in case where it deems it necessary, request the Japan Federation of Bar Association to report on its business, or to investigate into the matters pertaining to lawyers and Bar Associations.
(Provisions to be applied mutatis mutandis)
Article 50. The provisions of Articles 34, 35, 37, 39, and paragraph 2 of Article 42 shall apply mutatis mutandis to the Japan Federation of Bar Associations.
Chapter VII. Qualifications Examination Committee
(Establishment and Functions)
Article 51. A Qualifications Examination Committee shall be set up in each Bar Association and the Japan Federation of Bar Associations respectively.
2 The Qualifications Examination Committee shall conduct necessary examinations, at the request of the Bar Association where it has been established or the Japan Federation of Bar Associations, on requests for registration or change of registration and cancel of registration.
(Organization)
Article 52. The Qualifications Examination Committee shall be composed of a chairman, and a number of committeemen.
2 A chairman of the Bar Association or the Japan Federation of Bar Associations where the Qualifications Examination Committee has been established, shall assume chairmanship of the said Committee.
3 Committeemen shall be delegated by the chairman from among lawyers, judges, public procurators and learned and well-experienced persons. However, in the Qualifications Examination Committee of the Bar Association committee members who are judges or public procurators, shall be delegated in accordance with the recommendation of the High Court or the District Court, or a chief procurator of the High Public Procurator's Office or the District Public Procurator's Office where the said Committee is located, and other committee members shall be delegated thereto in accordance with the resolution of the general meeting of the said Bar Association, to which they are attached;while in the Qualifications Examination Committee of the Japan Federation of Bar Association, committee members who are judges or public procurators, shall be delegated in accordance with the recommendation of the Supreme Court or the Procurator-General, and other committee members shall be delegated thereto in accordance with the resolution in the general meeting of the Japan Federation of Bar Associations.
4 The term of office of committeemen shall be two years, except that of committeemen to fill vacancies which shall be the remaining period of predecessors.
(Reserve Committeemen)
Article 53. A certain number of reserve Committeemen shall be appointed for the Qualifications Examination Committee.
2 The provisions of paragraph 3 and paragraph 4 shall apply mutatis mutandis to the reserve Committeemen.
3 In case where a Committeemen is prevented from functioning as such or where vacancy occurs to such post, the chairman shall appoint a successor from among such reserve committeemen as have a similar qualification as his or her predecessor
(Duties and Status of Chairman, etc.)
Article 54. The Chairman shall preside over all affairs of the Committee.
2 The Chairman, committeemen and reserve committeemen shall be made officials who are engaged in public duties under the provisions of laws and ordinances.
(Examination Procedures)
Article 55. The Qualifications Examination Committee may request, in case of necessity in its examination, the persons concerned, government and public offices or other bodies, to give a statement, present data or explanations.
2 The Qualifications Examination Committee, when it deems it proper to refuse a request or the forwarding of a request for registration or change of registration, or when it makes a decision approving a request for cancel of registration as provided for in Article 13, shall previously notify the person concerned to that effect, and shall give him an opportunity to give a statement or to present data regarding the case.
Chapter VIII. Disciplinary Punishment
(Reasons for Disciplinary Punishment and Authority thereof)
Article 56. A lawyer shall be punished with disciplinary measures, if he violates this Law or the regulations of the Bar Association to which he is attached or of the Japan Federation of Bar Associations, or if he injures the good order or reputation of the said Bar Association, or if he so misconducts himself as to lose his dignity whether concerning or not concerning his public duties.
2 Disciplinary measures shall be enforced by the Bar Association to which he belongs in line with the decision of the Disciplinary Committee.
(Classification of Disciplinary Measures)
Article 57. Disciplinary measures shall be classified into the following four categories:
i) Repremand.
ii) Suspension of business for less than two years.
iii) Order of discharge.
iv) Expulsion from membership.
(Request for Disciplinary Measures, Investigation and Examination)
Article 58. In the event that anybody considers that due reason exists for punishing a certain lawyer, he may request the Bar Association, to which the said lawyer is attached, to punish the said lawyer with a disciplinary measure, with the explanations of such reasons attached.
2 When the Bar Association assumes that due reasons exist for punishing the lawyer of the said Bar Association, or receives a request as mentioned in the preceding paragraph, it shall ask the Professional Ethics Maintenance Committee to investigate the case.
3 When the Bar Association deems it appropriate to punish the said lawyer according to the investigation by the Professional Ethics Maintenance Committee as provided in the preceding paragraph, it shall ask the Disciplinary Committee to examine the case.
(Demur against Disciplinary Measures)
Article 59. A person against whom a disciplinary measure has been taken may file a protest with the Japan Federation of Bar Associations within 30 days counting from the day on which such measure is taken.
2 The Japan Federation of Bar Associations, upon receiving the objection as mentioned in the preceding paragraph, shall cancel such measures in line with the decision in the Disciplinary Committee, if it found any due reasons for justifying such an objection;while it shall reject such an objection, if it found no due reasons for justifying it.
3 The provisions of Article 14, par.4 shall apply mutatis mutandis to the measure mentioned in the preceding paragraph.
(Disciplinary Measures by Japan Federation of Bar Associations)
Article 60. The Japan Federation of Bar Associations may of its own violation take disciplinary measures against a lawyer in respect to the cases provided in Article 56, par.1, with the decision of the Disciplinary Committee, when it considers it proper to take such a step.
(Demur by Requester for Disciplinary Measures)
Article 61. When the Bar Association fails to punish a lawyer, or does not conclude the procedures for disciplinary measures within a reasonable period, in spite of there having been a request for disciplinary measures against the said lawyer in accordance with the provision of Article 58, paragraph 1, the person who made the request may protest to the Japan Federation of Bar Associations. This shall apply also when the said person considers the disciplinary measures taken by the Disciplinary Committee of the Bar Association as unduly light.
2 In case the Japan Federation of Bar Associations receiving a protest, when it deems the request to be with due reason upon the decision of the Disciplinary Committee, it shall inform the said Bar Association to that effect or take disciplinary measures of its own volition according to the preceding Article;when it deems the request to be of no due reason upon decision of the Disciplinary Committee, it shall reject the request.
3 In respect to the measures in the preceding paragraph the provisions of Article 14, paragraph 4 shall apply mutatis mutandis.
(Institution of Suits and Procedures thereof)
Article 62. A person whose protest filed under the provision of Article 59 has been rejected, or who has been subjected to the disciplinary measure under the provision of Article 60, may file a suit with the Tokyo High Court on the ground of the illegality or injustice of such measure, within thirty (30) days after receiving notification or measure.
2 The provisions of Article 16, paragraphs 3, 4, 5 and 6, shall apply mutatis mutandis to the law suit mentioned in the preceding paragraph.
(Restriction on Request for Change of Registration, etc.)
Article 63. A lawyer against whom the procedures for disciplinary measures has been taken, shall not make a request for the change of registration or cancel of registration until the said procedures have been concluded.
(Period of Exclusion)
Article 64. Upon the lapse of three years after the emergence of reasons for disciplinary measures, the procedures for disciplinary measures shall not be commenced.
Chapter IX. Disciplinary Committee and Professional Ethics Maintenance Committee
(Establishment and Functions of Disciplinary Committee)
Article 65. A Disciplinary Committee shall be set up in each Bar Association and the Japan Federation of Bar Associations respectively.
2 The Disciplinary Committee shall conduct necessary examinations relative to disciplinary measures for the lawyer belonging to a Bar Association or the Japan Federation of Bar Associations, where the Disciplinary Committee has been set up at the latter's request.
(Organization of Disciplinary Committee)
Article 66. The Disciplinary Committee shall consist of a chairman and a number of committeemen.
2 The Chairman shall be selected from among committeemen by mutual voting.
3 In case of any trouble on the side of the chairman, another committeemen shall assume chairmanship temporarily in line with the order which shall be defined by the Disciplinary Committee beforehand.
4 The Disciplinary Committee shall have a number of reserve members.
(Examination Procedures of Disciplinary Committee)
Article 67. When the Disciplinary Committee has been asked to examine any lawyer, it shall notify it to the lawyer who is going to be examined, upon fixing the date of the examination without delay.
2 The lawyer who is to be examined may present himself on the date for the said examination to make his statement, on condition that he shall obey the instructions to be given by the chairman of the Disciplinary Committee.
3 The provisions of Article 55, paragraph 1 shall apply mutatis mutandis to the examination to be made by the Disciplinary Committee.
(Suspension of Disciplinary Procedures)
Article 68. The Disciplinary Committee may suspend the disciplinary procedures while criminal procedures are pending on the same count.
(Provisions to be applied mutatis mutandis)
Article 69. The provisions of Article 52 paragraphs 3 and 4, Article 53 paragraphs 2 and 3, and Article 54, with respect to the chairman, committeemen and reserve committeemen of the Qualifications Examination Committee respectively, shall apply mutatis mutandis respectively to the chairman, committeemen and reserve committeemen of the Disciplinary Committee. In this connection, however, the term, "Chairman" as enumerated in Article 52 paragraph 3, shall read "the chairman of the said Bar Association, in case of the Disciplinary Committee of the Bar Association and the chairman of the Japan Federation of Bar Associations in case of the Disciplinary Committee of the Japan Federation of Bar Associations" .
(Establishment and Functions of Professional Ethics Maintenance Committee)
Article 70. A Professional Ethics Maintenance Committee shall be set up in each Bar Association.
2 A Professional Ethics Maintenance Committee shall conduct the investigations of Article 58 paragraph 2, and other matters concerning the maintenance of discipline of the members of the Bar Association in which it is set up.
3 The members of the Professional Ethics Maintenance Committee shall be mutually elected from among the members of the said Bar Association.
(Provisions to be applied mutatis mutandis)
Article 71. The provisions of Article 52 paragraph 4, Article 54 and Article 55 paragraph 1 and Article 66 paragraphs 1, 2 and 3, shall apply mutatis mutandis to the Professional Ethics Maintenance Committee. However, in this case, "kaicho" (chairman) in Article 54 shall read "i-incho" (chairman).
Chapter X. Supervision over the Handling of Legal Business
(Prohibition upon Non-lawyers handling Legal Business)
Article 72. No person other than a lawyer shall make it his business to handle, with the aim of obtaining reward, legal business of judgement, representation, meditation or conciliation and the like in connection with law suits or non-litigatory cases, and complaints against administrative offices such as petition, demand of examination and raising of objections, etc., except where specially provided by law or where he performs such acts as a part of his proper occupation.
(Prohibition upon Execution of Transferred Rights)
Article 73. No person shall make it his business to execute the rights he took over from others through litigation, concilliation, reconcilliation or other means.
(Prohibition upon False Notices by Non-lawyers, etc.)
Article 74. No person who is not a lawyer shall notice or put down himself as a lawyer or his office as a law office.
2 No person who is not a lawyer shall notice or put down to the effect of handling legal advices and other legal affairs with a view to obtaining the profits.
Chapter XI. Penal Regulations
(Crime of False Registration)
Article 75. A person not qualified as a lawyer who has his name registered in the list of lawyers through false declaration to the Japan Federation of Bar Associations shall be punished with penal servitude not exceeding two years or a fine under \50,000
2 Attempts of the crimes of the preceding paragraph shall be punished.
(Crime of Disgraceful Acts)
Article 76. Any person who has violated the provisions of Article 26 (including the case where the same Article is applicable with necessary modifications under Article 7, paragraph 4) shall be punished with penal servitude not exceeding three years.
(Crime of Handling Legal Business by Non-Lawyers)
Article 77. Persons who violate the provisions of Article 27, Article 28, Article 72 or Article 73 (including the case where the same Article is applicable with necessary modifications under Article 7, paragraph 4) shall be punished with penal servitude not exceeding two years or a fine under \50,000.
(Double Punishment)
Article 78. In case a representative of a juridical person, or a representative, employee or other staff of a juridical person or a private person has committed a crime in violation of the provisions of Article 72 or 73, relating to the business of the said juridical or private person, the said juridical or private person shall be punished with a fine as prescribed in the preceding Article, while the actual perpetrator shall be punished.
(Crime of False Notice)
Article 79. Any person who has violated the provisions of Article 74 shall be punished with a fine not exceeding \50,000.
Supplementary Provisions:
(Date of Enforcement)
Article 80. This Law shall come into force as from September 1, 1949.
(Qualification for a Lawyer under Previous Regulations)
Article 81. Every person who is qualified as a lawyer in conformity with the regulations previously in effect, shall be considered as having completed the course of a judicial apprentice upon his getting the said qualifications, regarding the application of this Law.
(Exception to Probationary Lawyers)
Article 82. Every person, who has been a probationary lawyer upon enforcement of this Law and has completed the course of practical training for more than one year and a half and passed the examinations required, in conformity with the provisions of the Lawyers Law previously in effect, shall be considered as having completed the course of the judicial apprentice upon his passing the said examination.
(Application of Disqualification Reasons of a Lawyer)
Article 83. As to the application of the provisions of Article 6, every person, who has been removed or barred from operating his business in conformity with the provisions of the Public, Accountants Law (Law No.31 of 1927) previously in force, shall be considered as having his registration as a publicly recognized accountant cancelled through disciplinary measures, and every person, who has been dismissed from office in conformity with the provisions of the Public Official Discipline Ordinance (Imperial Ordinance No.63 of 1899) shall be considered as having been dismissed from office as a public service employee through disciplinary measures.
(Registration of Lawyers'List under Former Regulations)
Article 84. The registration of the lawyers'list made under the former regulations shall be deemed the registration of the lawyers'list made under the present Law.
(Former Requests for Registration and Change of Registration)
Article 85. Every request for registration or change of registration made to the Attorney-General in accordance with the previous provisions, shall be considered as the same with the case where the Japan Federation of Bar Associations has received the forwarding or request for registration or change of registration in conformity with the provisions of this Law.
(Former Law Offices of Lawyers)
Article 86. Every law office, which has been reported to the Attorney-General in line with previous provisions, shall be considered as the law office which the said lawyer has reported in conformity with the provisions of this Law.
(Handing Over of Former Lawyer Lists)
Article 87. The Attorney-General's Office shall hand over the list of lawyers and other necessary documents concerning the lawyers and the Bar Association to the Japan Federation of Bar Associations on the latter's request.
(Existing Bar Associations and Federations of Bar Associations)
Article 88. The Bar Association or the Federation of Bar Associations located in the area under the jurisdiction of the same High Court, which has been in existence upon enforcement of this Law. shall be considered as the Bar Association or the Federation of Bar Associations which has been founded in compliance with the provisions of this Law.
2 The Bar Associations or Federation of Bar Associations as enumerated in the preceding paragraph shall have, without delay, their regulations or rules approved by the Japan Federation of Bar Associations, and furthermore, the Bar Association shall have its foundation registered.
3 The provisions of paragraphs 2 and 4 of Article 34 shall apply mutatis mutandis to the registration as mentioned in the preceding paragraph.
(Exceptions to Bar Associations in same Area)
Article 89. Two or more Bar Associations, which have been in existence within the area under the jurisdiction of the same District Court upon enforcement of this Law, may continue their functions even after enforcement of this Law, irrespective of the provisions of Article 32.
2 The Bar Associations mentioned in the preceding paragraph may be merged or dissolved at any time.
3 To the merger and dissolution mentioned in the preceding paragraph, the provisions of Article 43, paragraphs 2 to 4 inclusive shall apply mutatis mutandis.
(Preparatory Procedures for Establishment of Japan Federation of Bar Associations)
Article 90. Preparatory procedures required for founding the Japan Federation of Bar Associations may be taken prior to the date as prescribed in Article 80.
(Application of the Law concerning the Exception to the Qualification of Lawyers and Probationary Lawyers)
Article 91. Application of the provisions of the Law concerning the Exception to the Qualification of Lawyers and Probationary Lawyers (Law No.11 of 1949), shall still be made as before, except in the case where the functions of the Examination Committee as provided for in the said Law shall be performed by the Qualifications Examination Committee of the Japan Federation of Bar Associations prescribed in this Law.
(Abolition of the Law concerning the Control over the Handling of Legal Business)
Article 92. The Law concerning the Control over the Handling of Legal Business (Law No.54 of 1933) shall be abolished. However, application of penal regulations to the acts committed before abolition of the said Law, shall still be made as before.
Attorney-General UEDA Shunkichi
Minister of Finance IKEDA Hayato
Prime Minister YOSHIDA Shigeru