Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-rdxmf Total loading time: 0 Render date: 2024-12-03T19:16:19.188Z Has data issue: false hasContentIssue false

5 - Access to Justice and Lawyer Independence in Japan

from Part I - Access to Justice in Asia

Published online by Cambridge University Press:  29 September 2022

Helena Whalen-Bridge
Affiliation:
National University of Singapore
Get access

Summary

Historically Japanese attorneys were understood to function outside the government, and compared to judges and prosecutors they occupied a lower position but one with the potential to be more independent. The government control exerted prior to and during WWII had a long-lasting impact on Japanese attorneys, motivating the bar to retain its independence despite high costs over many years. The prioritization of independence is particularly evident in the somewhat unusual adoption of mandatory ‘public interest’ activities by the larger bar associations in Tokyo and other major cities. The chapter examines the process of making and revising mandatory rules, and argues that the divergence of views regarding what constitutes ‘public interest activities’ suggests that mandatory rules serve multiple purposes, not necessarily related to access to justice. The chapter also suggests a four-part typology to examine the different public interest activities which attorneys in Japan carry out: (1) professional work, paid and unpaid, undertaken for those unable to afford it; (2) criminal and civil legal aid paid for with public funds; (3) activities for bar associations; and (4) other activities recognized by bar associations as public interest activities even though they do not utilize legal skills.

Type
Chapter
Information
The Role of Lawyers in Access to Justice
Asian and Comparative Perspectives
, pp. 73 - 97
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×