In an increasingly borderless global business environment, foreign companies and investors are presented with growing opportunities to enter the Japanese market. However, a common challenge encountered during this process is understanding Japan's unique "legal profession system."

Unlike the prevalent model in Western countries where a single "Lawyer" typically handles all legal matters, Japan employs a system of specialized legal professionals. Qualifications are divided by role, including "Bengoshi" (弁護士), "Shihō Shoshi" (司法書士), and "Gyōsei Shoshi" (行政書士), each responsible for distinct areas of legal practice.

This article aims to clarify the structure of Japan's legal profession system by comparing it with those in the United States, the United Kingdom, and China. We will explore the differences and their underlying reasons, hoping to provide valuable insights for readers involved in corporate activities seeking a deeper understanding of Japanese legal affairs.

1. Japan: The "Division of Labor" in the Legal Profession

In Japan, the legal profession is characterized by specialization, with distinct roles for different legal professionals:

• Bengoshi (Lawyer): Often considered the equivalent of a "Lawyer" in other jurisdictions, Bengoshi handle a wide range of legal matters, including litigation, contracts, negotiations, and corporate legal affairs. Their expertise extends from criminal and civil disputes to complex transactions like mergers and acquisitions (M&A) and internal compliance investigations.
• Shihō Shoshi (Judicial Scrivener): These professionals are specialists in real estate and commercial registration. Their primary responsibilities include preparing documents for submission to courts and handling registration procedures. They also have limited representation rights in summary courts. Shihō Shoshi play a crucial role in company formation and real estate transactions.
• Gyōsei Shoshi (Administrative Scrivener): Gyōsei Shoshi focus on administrative procedures, assisting with applications to government agencies for permits, licenses, and visa applications. They are vital in supporting business start-ups and the employment of foreign nationals.

This system emphasizes engaging the specific expert required for a particular legal task.

2. United States: The Broadly Covering "Attorney at Law"

In the United States, the legal profession is more unified, with Attorneys handling a broad spectrum of legal matters. Their scope encompasses areas covered by Japanese Bengoshi, Shihō Shoshi, and Gyōsei Shoshi, including civil and criminal law, corporate legal affairs, registration, immigration procedures, and administrative litigation.

Key characteristics of the US system:

• State-Specific Licensing: Attorneys are licensed to practice law in specific states after passing the state bar examination.
• General Practitioners vs. Specialists: While some attorneys, particularly in smaller firms, act as "General Practitioners" handling diverse legal issues, many specialize in specific fields of law.

The Notary Public system in the US operates under state law. Notaries primarily authenticate signatures, verify identities, and ensure the legality of documents. They do not provide legal representation or advice but are essential for the proper execution of legal documents and procedures. Becoming a notary typically involves training, passing an exam, and receiving state government approval.

3. United Kingdom: The "Two-Tiered" System of Solicitors and Barristers

The UK legal profession is traditionally divided into two branches:

1. Solicitor: Solicitors are generally the first point of contact for clients. They handle general legal affairs such as contract drafting, corporate advisory services, and providing legal consultations.
2. Barrister: Barristers are specialists in courtroom advocacy, legal precedent research, and representing clients in court.

Typically, individuals and companies consult with a Solicitor initially, and a Barrister is engaged if litigation becomes necessary. While the distinction has become somewhat blurred in recent years, this traditional structure remains influential.

• Solicitor-Advocate: A recent development allows Solicitors to obtain a "Solicitor-Advocate" qualification, granting them the right to appear directly in court and conduct litigation, a role traditionally reserved for Barristers.
• Registration and permit applications are handled by Solicitors or specialized firms.

Beyond Solicitors and Barristers, Chartered Legal Executives are qualified legal professionals who perform some similar tasks to Solicitors but are not fully qualified as Solicitors. They often handle routine legal matters like company formation, commercial contracts, and immigration procedures, bearing some resemblance to the Japanese Shihō Shoshi. Additionally, Notaries Public in the UK are legally qualified professionals who authenticate documents and witness signatures. They do not engage in legal representation or litigation but play a crucial role in legal procedures by verifying the authenticity of legal documents and signatures. Qualification requires legal training and examinations.

4. China: Lawyer-Centric System with a Distinct Notary System

In China, Lawyers (律师 / lǜshī) play a central role, comprehensively handling legal matters across civil, commercial, and criminal law. Their responsibilities in corporate legal affairs include contract review, litigation representation, intellectual property support, and labor law issues.

A distinctive feature of the Chinese system is the strong emphasis on the Notary Public (公证员) system. Notarization of documents such as contracts, affidavits, and registration papers is considered crucial for establishing their external evidentiary validity.

Key characteristics of the Chinese system:

• Absence of independent qualifications comparable to Japan's Shihō Shoshi or Gyōsei Shoshi.
• A strong focus on the reliability of official documents, with legal services primarily centered around lawyers and notaries.

Comparison Table: Differences in National Systems

5. Conclusion: Japan's "Division of Labor" Can Be a Strength in Supporting Businesses

The comparison highlights the unique structure of Japan's legal profession system on a global scale. While it may seem complex to those accustomed to other systems, this division of labor offers the significant advantage of ensuring a high level of specialization.

For businesses, particularly those operating internationally, understanding this system is crucial. By engaging the most appropriate specialist for each specific legal need, companies can achieve efficient and accurate legal solutions. We encourage foreign companies considering establishing or expanding their operations in Japan to gain a clear understanding of this unique system to leverage its strengths effectively.

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