Justice System Reform Council decided to increase the number of the persons who will pass the bar examination up to 3000 by the year of 2010. On the other hand, the function of civil litigation is expanding because of the diversity of social values. The civil courts are the places for not only declaring existing rights but also making new rights and policies. In this paper, the relationship between dramatic increase of lawyers and expanding functions of litigation will be analyzed. First, the influences of insufficiency of lawyers on the social activity of lawyers in Japan are analyzed. From the analyses, the possibility is showed that Japanese lawyers work not for making new case law for the society but for binding the society to obey the existing law. Increases of such type of lawyers will not help the judicial systems to change well. In order to build well functioning judicial system, it is required for our society not only to increase the number of the lawyers but to develop a new model of lawyers who will facilitate law making and a new educational system that train such a new type of lawyers.
