20171005

Legal Education in Japan
2004 Reform: Its Pros and Cons

Professor Takehisa NAKAGAWA
Kobe University, Graduate School of Law

1I-1.Basic Information : Judicial System
Judicial SystemLawyers

 Independent from Cabinet/ Parliament

 Enjoy prestigious status in society Supreme Court (1); Court of Appeals (8),District Courts (53)

 2,800 judges (F 25%) / 2,000 prosecutors(F20%) / 37,000 attorneys (F20%) [2016] Civil Code & Penal Code from Germany

 Most judges and prosecutors have noexperience as attorneys

 Judges work at various courts and climb
up their career ladders. Prosecutors
likewise.
 Attorneys may practice all over Japan
once licensed, must belong to a local barassociation & Japan Bar Association

 Retired judges and prosecutors often
work as attorneys after belonging to thebar associations
Quasi-lawyers: tax agents, patent agents, administrative
scriveners, judicial scriveners, who work outside judicial system

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I-2. Basic Information: Universities
Generally

Law Professors

 National Universities (86), Municipal(roughly 70) & Private (roughly 600)
 Law Faculties: 93 nationwide andundergraduate: 45,000 enrolled/year
 “Law Faculties” have undergraduate
programs (bureaucrats & lawyers) Graduate programs are also offered foracademic education (masters and Ph.D.)

 Live in a different world from j/p/a.
 They are “academics” who devote theirtime to research & teaching Most law professors do not have working
experience as practicing lawyers
 But law professors have leading roles inmaking and grading bar exams
Population: 126,000,000 (decreasing)
Under 15: 16,000,000 ( 12 % )3II-1. Before the Reform of 2004
Institute of Legal Training

OldLegalExam

No university degree necessary(Universities had no official role)
Qualifying Examfor those without university degree(1)Multiplechoice(2) Essayexams(3)Oral exam

Pass Rate 5%:500 passed per year Institute is operated by the Supreme Court Two /(or one-and-half) year training forjudges, prosecutors and attorneys
 Classroom sessions at the Institute (nearTokyo) and on-site training sessions all overJapan Must pass the final exams (“Second Exams”)
 Judges and Prosecutors recruited here42

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II-2. After the Reform of 2004
LSAT & Entrance ExamsInstitute of Legal Training

Professional Schools of Law

 One year training for judges,
prosecutors and trial attorneys

 Called “Law Schools”
 Graduate level, awarding J.D.

NewBarExam

 Two-year program: for students
with basic knowledge of law
 Three-year program: for those
without legal background (the remaining points are the same)(1)Multiplechoice(2) Essay
exams

Alternative: Preliminary Exam
“By-pass” to Law Schools
for financially challenged

Pass Rate: originally 70% but now 20%
1500 passed per year

5III-1. Education at “Law Schools”
Courses

Teaching methods

 Compulsory: (1)～(3) are theoretical (doctrinal)(1) Constitution, Administrative Law

 Class size limit (up to 40 students)(2) Civil Code(contracts, Torts, Property,Family), Commercial Law, Civil Procedure, Class participation is encouraged -Avoid one-way lectures.

(3) Penal Code, Criminal Procedure Strict grading of final exams(4) Leal Ethics/ Civil & Criminal Procedure(practical approaches)/ Internship Elective: theoretical or clinicalTax, Competition, Labor, IP, International(public/private), Comparative Law, moot courts….

 Fees: 10,000 US$ /year (national university)

Student-oriented education
Teaching workload increased6320171005

III-2. Two-tier and three programs
Undergraduate Programs (bachelor of law)Same as before– a bit “unfocused”
 Typically Laws & Politics are taught
 Classes tend to be basic due to job
orientation diversity among students
 Most graduates work as government or
corporate employees (non-legal),journalists, etc.
 Some (5 to 25 percent)are willing to go to“Law School” to be lawyers“Law School” programs (JD)
Very much “focused”
 Dedicated to law education practice Open to non-law degree students(engineering, phiscis, economics, etc.)

Graduate Programs (Master /Ph.D.)
For academic purposes

Mass education

Small size education

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IV. Why Things Changed
Government wanted it

Universities wanted it

 “Judicial Reform Committee” was set up
in 2001 (PM Jun’ichiro Koizumi) headed
by a con. law professor

 Some law professors wanted to
institutionally get involved with educating
future j/p/a: worrying legal exam answers
were deteriorating Based on criticism that the judicial sectorof Japan was too small, expensive, anddetached from needs (of business orordinary citizens).

 For some universities, the idea of “lawschools” seemed a big opportunity Business wanted more lawyers with moreabilities and global competitiveness Issued Recommendations in 2003,
introducing new “law schools”, lay judges
in major criminal cases, etc.

Undergraduate
education is not fit forthe purpose84

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V: What Happened: Success or Failure?
First 5 years: Super-popular 3,000 were planned to pass theexam/year (Judicial Reform C.) whichmeant average 70% pass rateDown trends
 Legal exam pass rate gets lower
Now only 1,500 pass the exam/year
Pass rate average 20-25%
Top law schools 40-50 % 74 Law Schools set up in 2004

By-pass exam takers: 70 % (loophole ) LS applications are down

 Law Schools rankings attract media
attention
Too many law schools
jobless rumors

2005: applicants 42,000; enrolled 5,500
2017: applicants 8,000: enrolled: 1,700
 Some Law Schools are pulling out
Now about 40 schools are still active

9VI. Unfinished ReformMissions accomplished To produce “many more” lawyers
From 500 to at least 1,500
Small cities: enjoy more lawyers
Business: in-house attorneys increased

 To produce “more able” lawyers
administrative law and elective courses
know how to use law

 Two different worlds converge:collaboration between academics andpractitioners

Unexpected results
 “Unpopularity of law schools” might
gradually be overcome
 Law schools decreases
 Legal market getting brighter

Now hit thebottom?

 Mistakes we med:(1)Too many law schools permitted at thesame time in 2004
(2) Loophole of shortcut: the most able
college students tend to avoid law schools

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