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Attorneys in Japan


In Japan, Attorneys at law (弁護士 bengoshi?, lit. "advocate") form the base of the country's legal community.

Historically, Japanese customs instituted an avoidance of legal involvement, based upon Confucianism doctrines, and Japanese principles of harmony; anyone brought before a court for a criminal or civil matter suffered public and private humiliation, since they disrupted harmony.

Nevertheless, by the 18th century, innkeepers in Edo began offering simple legal services for guests. They were known as Kujishi. By the 19th century, references began to appear in Japanese literature on the role of "European-style" lawyers.

Officially recognized legal representatives in civil trials, known as daigennin, began to appear by the mid-19th century. No legal training was required to be a daigennin.

Regulation of legal professionals began during the Meiji Restoration. In 1890, the Criminal Code was amended, which recognized the right to legal representation during a criminal trial. The state's representative at the trial, known as a Procurator, was given the prestige of being a government official. By association, it unofficially granted a modicum of official status to the daigennin.

The government also required the establishment of bar associations at each district court, and by 1893, the Lawyer's Law was promulgated, officially regulating the legal profession by setting standards for, as well as legitimatize, attorneys at law.

The Attorney Act (弁護士法 bengoshihō?) was promulgated in 1949, which officially laid down the mission of an attorney at law, as well as establishing other requirements for those in the profession.

As of August 2014, there are 35,031 attorneys registered with bar associations in Japan, which is up from 22,049 in April 2005.


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