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Accepted Paper:
A Critical Look at the Lawyer System in the Heisei Era
Kay-Wah Chan
Paper short abstract:
There were many changes in the lawyer (bengoshi) profession in Japan in its Heisei Era, such as a substantial increase in number. This paper critically evaluates these changes and analyses the prospects of the profession in the new Reiwa Era.
Paper long abstract:
The profession of lawyers (bengoshi) in Japan saw many significant changes in the last two decades of the Heisei Era. A large-scale reform of the justice administration system that was launched in 2001 had caused a rapid and substantial increase in the number of bengoshi. The system of educating and nurturing aspiring legal professionals was also changed, with the introduction of an American-style postgraduate law school system. Large-sized law firms emerged. Bengoshi, since 2002, are permitted to incorporate to form legal profession corporations, a few of which have attained sizable scale of operation. There were concerns that the significant increase in bengoshi would cause a deterioration in the profession's quality and ethics as well as an over-supply of bengoshi. Near the end of the Heisei Era, the Japanese government slowed down the increase. Are the aforesaid concerns justified? Did the increase need to be slowed down? Japan has now entered a new era, the Reiwa Era. Will the bengoshi system inherited from the Heisei Era be compatible with the development in Japan and the world in the new Reiwa Era? This paper will critically evaluate the changes in the bengoshi system in the Heisei Era and analyse the prospects of the profession in the new Reiwa Era.