1. Foreword

When a person who is qualified to become a foreign lawyer desires to become a gaikokuho-jimu-bengoshi in Japan, he or she is required to obtain the approval of the Minister of Justice and get registered at the Japan Federation of Bar Associations (Articles 7 and 24 of the Special Measures Law concerning the Handling of Legal Business by Foreign Lawyers; hereinafter referred to as the "Law").

(1) Functions of Gaikokuho-Jimu-Bengoshi

The legal business which a Gaikokuho-Jimu-Bengoshi may perform in the exercise of his or her functions is such business as relates to the law which is or was effective in the country where he or she acquired the qualification to become a foreign lawyer ("law of the country of primary qualification") (Item(6), Article 2 and Article 3 of the "Law").

* In addition, the country where the applicant obtain the approval of the qualification to be a foreign lawyer and designated as the primary country at the time of the application of Gaikokuho-Jimu-Bengoshi is called "the country of acquisition of qualification," and also called "the country of primary qualification" after acquisition of the approval of the Minister of Justice.

Besides he or she may also perform the legal business (Item (10), Article 2 of the "Law") concerning such law which is or was effective in the specified foreign country other than that of the country of primary qualification designated by the Minister of Justice and had the supplementary registration of such law made at the Japan Federation of Bar Associations (Article 5 of the "Law").

And, he or she may perform the legal business concerning the specified foreign country law (so called "third country law") other than the legal business relates to designated country law after receiving a written advice from a lawyer (except Gaikokuho-Jimu-Bengoshi) who is engaging the legal business concerning the specified country law based on the qualification to become a foreign lawyer in that specified country related to that specified country law (providing that the person who is employed and offering the services based on the knowledge concerning a foreign law shall not apply), or a Gaikokuho-Jimu-Bengoshi who is obtained the qualification to perform the law of a specified foreign country as a primary qualification or a designated(Article 5-2 of the "Law").

However, certain legal business such as representation in regard to procedures before a court, public prosecutor's office or other public agency, or expression of an expert opinion a regards the laws other than the law of the country of primary qualification and so forth is not within the scope of the legal business he or she may perform in the exercise of his or her functions (Paragraph 1, Article 3 and Paragraph 1, Article 5 of the "Law"). Also, even if it is a legal business which he or she may perform within the scope of his or her functions, he or she is required to perform it jointly with a Bengoshi or after receiving written advice from a Bengoshi, as regards certain legal business such as representation in a legal case concerning family relations in which a Japanese national is involved as a party (Paragraph 2, Article 3 of the "Law").

In addition, he or she may, regardless of the governing law, perform representation of party in regard to the procedures for an international arbitration case (this shall mean a case of civil arbitration which is conducted in Japan and all or part of whose parties are persons who have addresses or main offices or headquarters in foreign countries) (Article 5-3 of the "Law").


back next