(a)(i) He or she possesses the qualification to become a lawyer in a foreign country, as well, (ii) he or she has the experience, following mentioned, of having engaged in practice for period of three years or more in total.
A foreign lawyer as termed here means a person who performs legal business in the foreign country concerned, in the exercise of his or her functions and who corresponds to a Bengoshi in Japan. In other words, he or she is given the qualification by the court or other public institution of that country to perform legal business in general, including arguments in the courtroom and is a high-level specialist of law ranking with a judge or a public prosecutor.
In those who "possess the qualification to become a foreign lawyer", not only those who at present have the status of a lawyer in a foreign country but also those who possess such qualification that they may become lawyers in that country if only they get registered are included.
"Experience of having engaged in practice" means the experience of having performed his or her functions as a foreign lawyer, so, the period for which he or she did not perform his or her functions as a lawyer in the foreign country is not counted in the period of his or her practice of law, even though he or she has the status of a lawyer in that country.
The period for which he or she was employed by a Bengoshi, a Legal Profession Corporation or a Gaikokuho-Jimu-Bengoshi in Japan after obtained a qualification as a lawyer in a foreign country, and provided services to the Bengoshi, the Legal Profession Corporation or the Gaikokuho-Jimu-Bengoshi, based on his or her knowledge of the law of the country of acquisition of qualification, can be counted in the period of his or her practice of law within the limits of one year in total (Paragraph 2, Article 10 of the "Law").
* These provision of services could not admit the practicing experience as a foreign lawyer in itself because it does not subjectively provide a legal services to the client, but considering the point that the practical substances of that business is partly common to rudimentary business for a foreign lawyer, and also such a business must be carried under the management from Bengoshi, Legal Profession Corporation or Gaikokuho-Jimu-Bengoshi who is employer, therefore, it is exceptionally permitted to add that period up to one year in case of counting the period of practicing experience.
(b) He or she does not come under any one of the categories of disqualification in the foreign country which correspond to the categories of disqualification for a bengoshi in Japan (Item (2), Paragraph 1, Article 10 of the "Law").
In addition, there are the grounds for disqualification prescribed by law (Article 8 of the "Law") for a Gaikokuho-Jimu-Bengoshi, being applied the disqualification for a bengoshi in Japan (Article 7 of the Bengoshi Law).
(c) He or she has the will to perform his or her functions faithfully and has the plan, dwelling house and financial basis for performing such functions properly and steadily and also has the ability to compensate for damages which he or she may cause to his or her clients (Item (3), Paragraph 1, Article 10 of the "Law").