Legal Services

Furthermore, the expertise of gaiben is particularly valuable in areas like international property, competition law, and human rights, where international collaboration is essential. Moreover, foreign lawyers help Japanese clients navigate complex international disputes, providing insights into foreign judicial systems and arbitration mechanisms. By integrating global legal perspective, gaiben contribute to Japan’s ability to adapt to an increasing interconnected world, strengthening its position as a major player in the international legal community.

Japan’s recent legal reforms have eased regulations for foreign lawyers, expanding their ability to practise and collaborate within Japan. In 2020, we saw changes that allowed registered foreign lawyers to better represent clients in a broader range of disputes. Additionally, the required work experience for foreign lawyers to qualify for registration has been more flexible. Today two of the three year-requirement can be fulfilled in Japan. This adjustment facilitates integration into Japan’s legal system and makes it easier for foreign legal professionals to establish long-term career in Japan. As a last point, the joint corporation system enables local and foreign lawyers to more effectively collaborate.

However, despite all the positive changes, the EBC believes that there are still improvements to be made to Japan’s regulatory framework. The work requirement is still exclusive to the registration of foreign lawyers. This requirement does not apply for domestic lawyers (bengoshi). Ultimately, the EBC would like to see this requirement to be completely abolished. The registration process is also still very long. This particular for foreign lawyers who have a background in less common European legislations. The EBC believes that Ministry of Justice (MoJ) and the Nichibenren can make better use of the collected expertise out there. The EBC Legal Service Committee would be honoured serve as a reference point to explain the various legal system with a focus on how lawyers are registered or approved in that jurisdiction.

It is also important to point out that while arbitration rules have changed, there are still some details that would benefit from clarification.

The EBC will continue to take a close interest in the rollout of the recommendations as a whole, not least because the ultimate success will depend on the process being conducted fairly, with proper participation by foreign lawyers and due consideration given to the views of the foreign legal community.