Judicial scrivener

"Judicial scrivener" is a term used to refer to similar legal professions in Japan and South Korea. Judicial scriveners assist clients in commercial and real estate registration procedures and in the preparation of documents for litigation.

In Japan, judicial scriveners (司法書士, shihō shoshi^?) are authorized to represent their clients in real estate registrations, commercial registrations (e.g. the incorporation of companies), preparation of court documents and filings with legal affairs bureaus. Judicial scriveners may also represent clients in summary courts, arbitration and mediation proceedings, but are not allowed to represent clients in district courts or more advanced stages of litigation. The more familiar term "solicitor" is also sometimes used to refer to them, although the division of responsibilities is not the same as between solicitors and barristers in the English legal system. The term "judicial scrivener", while somewhat archaic in tone, is a fairly accurate literal translation of the Japanese term.

Judicial scriveners must pass an examination administered by the Ministry of Justice. The examination tests knowledge of twelve Japanese statutes, the four principal ones being the Civil Code, Real Estate Registration Act, Commercial Code and Commercial Registration Act. (The Corporations Act was added to the examination in 2006.) The examination consists of two written tests followed by one oral test; the overall pass rate is 2.8%. A person may also become qualified as a judicial scrivener by working for ten years as a court secretary, judicial secretary, or prosecutor's secretary.

Judicial scriveners must maintain a membership in the judicial scrivener association (司法書士会, shihō shoshi kai^?) for the prefecture in which they work. They can be found in solo practice or attached to law firms as employees of attorneys at law.

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