抄録
The rule of law includes formal legality and substantive legality. In my view, the most crucial responsibility of the bar is to realize substantive legality in providing legal service for clients. In the United States, the rule of lawyer and the regulation of legal service by introducing the UPL (unauthorized practice of law) rules have developed inseparably from each other (the U.S. model). In other countries, the bar is not the only profession which deals with legal matters. There are other law-related occupations. In Japan, beside lawyers (36,300 people), there are “law-related professionals” (191,400). Tax attorney: 75,500, judicial scrivener: 21,600, patent attorney: 10,600, licensed social insurance consultant: 38,800, administrative scrivener: 44,700. Lawyers have the ability to utilize the substantive legality after law school education. Law-related professionals obeyed law and order only with the formal legality, and are not eligible for court work. On June 30, 2015, Japanese Government decided at least 1,500 passers of bar exam among 5,000 students. Total passers should be 3,000 which Japan’s Judicial System Reform Council decided 10 years ago. My proposal is that 1,500 passers of bar exam can become lawyers, prosecutors, or judges, and next rank 1,500 should become related professionals with court work authority after graduation of law school. The related professionals will be abolished in 20 years.
