Iranian Bar Associations

ATTORNEYSHIP LAW/CODE(Page 9)
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* PRACTICING ATTORNEY LAW IN JAPAN - Section 2 of 2
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* PRACTICING ATTORNEY LAW IN JAPAN - Section 2 of 2

Article 50 - 92

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Article 50. (Applicability mutatis mutandis)
The provisions of Article 34, 35, 37, 39 and Article 42, paragraph 2 shall be applicable mutatis mutandis to the Japan Federation of Bar Associations.

Chapter VII. The Qualifications Screening Board

Article 51. (Establishment and functions)
1. A Qualifications Screening Board shall be established in each bar association and in the Japan Federation of Bar Associations respectively.
2. A Qualifications Screening Board shall, upon request by its bar association or the Japan Federation of Bar Associations in which it is established, conduct necessary inquiries regarding requests for registration or change and rescission thereof.

Article 52. (Organization)
1. A Qualifications Screening Board shall consist of the president and several board members.
2. The president of a bar association or the Japan Federation of Bar Associations in which a Qualifications Screening Board is established, shall become the ex-officio president of the said Board.

3. Board members shall be appointed by the president from amongst practicing attorneys, judges, public prosecutors and persons of learning and experience; provided, however, that appointment of board members shall depend upon, in case of the Qualifications Screening Board of a bar association, the recommendation respectively of the high court, the district court, the superintending prosecutor of the high public prosecutors office or the chief prosecutor of the district public prosecutors office of the same district for members who are judges and prosecutors, and a resolution of the general meeting of the said bar association for other members. In the case of the Qualifications Screening Board of the Japan Federation of Bar Associations, the recommendation of the Supreme Court or the Prosecutor-General for members who are judges or prosecutors, and a resolution of the General meeting of the Japan Federation of Bar Associations for other members shall be necessary.

4. The term of office of board members shall be two years; provided, however, that the term of office of members appointed to fill vacancy shall be the remaining period of office of the members whose place they take.

Article 53. (Reserve members)
1. There shall be several reserve members in each Qualifications Screening Board.
2. The provisions of paragraphs 3 and 4 of the preceding Article shall be applicable mutatis mutandis to reserve members.

3. When a board member is prevented from performing his/her duties, or a vacancy occurs in such office, the president shall appoint a person to act or fill the vacancy from amongst such reserve members having the same qualification.

Article 54. (Duties and status of a president, etc.)
1. The president shall supervise all the affairs of the Board.
2. In the application of criminal punishments stipulated under the Criminal Law or other laws, the president, board members and reserve board members shall be deemed to be officials engaging in public duties under the provisions of laws and ordinances.

Article 55. (Screening procedures)
1. The Qualifications Screening Board may, when it deems it necessary for screening, request the party in question, interested persons concerned, the government and public offices or others to submit their statement, explanations or data.

2. When the Qualifications Screening Board makes a resolution refusing a request for registration, a request for change of registration or the transmittal of these requests or approving a request for rescission of registration as is specified in Article 13, it shall notify the party in question of that fact in advance and give him an opportunity to submit his/her statements and data.

Chapter VIII. Disciplinary Actions Section 1. Grounds for Disciplinary Actions and Disciplinary Authority

Article 56. (Grounds for disciplinary actions and disciplinary authority)
1. Where a practicing attorney or Legal Profession Corporation violates this Law or the articles of association of the bar association to which he/she or it belongs or of the Japan Federation of Bar Associations, prejudices or harms the order or the credibility of the said bar association or commits acts of delinquency that hurt his/her or its own dignity in or outside the course of performing his/her or its professional duties, he/she or it shall be imposed with a disciplinary action.

2. A disciplinary action shall be imposed by the bar association to which the practicing attorney or Legal Profession Corporation belongs.

3. The grounds for a disciplinary action that a bar association would impose against a Legal Profession Corporation having a secondary office within the jurisdiction of the the bar association shall be limited to those relevant to the secondary office.

Article 57. (Kinds of disciplinary action)
1. Disciplinary action against practicing attorneys shall consist of the following four kinds:
(1) Reprimand;
(2) Suspension from the practice of law for not more than two years;
(3) Order to withdraw from the bar association to which he/she belongs; or
(4) Disbarment.

2. Disciplinary action against Legal Profession Corporations shall consist of the following four kinds:
(1) Reprimand;
(2) Suspension of the practice of law of the Legal Profession Corporation or its specific law office
for not more than two years;

(3) Order to withdraw from the bar association to which it belongs (This action may be taken only against Legal Profession Corporations that have only secondary law offices in the region covered by the
association.); or
(4) Disbarment (This action may be taken only against Legal Profession Corporations that have their
principal law offices in the region covered by the association.).

3. If a bar association takes the disciplinary action set forth in item 2 of the preceding paragraph against a Legal Profession Corporation that has only a secondary law office in the region covered by the association, it may order the suspension of only the law office located in said region.

4. For the purpose specified in paragraph 2 or the preceding paragraph, the Japan Federation of Bar Associations shall be deemed to be a bar association in whose region the Legal Profession Corporation in question has its principal law office.

Article 57-2. (Prohibition of the establishment or relocation of a law office by a Legal Profession Corporation subject to disciplinary action)
1. Any Legal Profession Corporation that becomes subject to practice suspension with respect to all of its law offices located in the region covered by a certain bar association shall not establish, or relocate from any other region, any law office in said region during the term of suspension.

2. Any Legal Profession Corporation that becomes subject to the disciplinary action set forth in item 3 of paragraph 2 of the preceding article shall not establish, or relocate from any other region, any law office in the region covered by the bar association taking such action, for three years from
the date of such action.

Article 58. (Request for disciplinary action, investigation and inquiry)
1. Where any person is of the view that sufficient cause exists to impose a disciplinary action against a practicing attorney or Legal Profession Corporation, that person may request the bar association to which the said attorney or corporation belongs to impose a disciplinary action against him/her or it by submitting a complaint explaining the grounds therefor.

2. When the bar association considers that due grounds exist to impose a disciplinary action against any of its member attorneys or corporations, or receives a complaint stipulated in the preceding paragraph, it shall bring the accused member to the disciplinary proceedings, and request the Discipline Maintenance Committee to initiate an investigation of the case.

3. Where the Discipline Maintenance Committee considers it appropriate, based on the investigation mentioned in the preceding paragraph, to seek the Disciplinary Actions Committee to inquire into the case with respect to the Accused Attorney, Etc. (the ''Accused Attorney, Etc.'' means the practicing attorney or Legal Profession Corporation being subject to the disciplinary proceedings. The same
shall apply hereinafter.), the Discipline Maintenance Committee shall adopt a resolution to that effect. In this case, the bar association shall, based on the said resolution, seek the Disciplinary Actions Committee to inquire into the case.

4. Where the Discipline Maintenance Committee considers that the complaint mentioned in paragraph 1 hereof is unlawful or is not able to commence the disciplinary proceedings against the Accused Attorney, Etc., or that there is no grounds to impose disciplinary action against the Accused Attorney, Etc., or it is apparent that disciplinary action should not be imposed in light of the gravity of the case or other extenuating circumstances, the Discipline Maintenance Committee shall adopt a resolution that it would not seek for the Disciplinary Actions Committee's inquiry into the case. In this case, the bar association shall issue a decision to the effect that it will not impose a disciplinary action against the Accused Attorney, Etc.

5. Where the Disciplinary Actions Committee consider it appropriate to impose a disciplinary action against the Accused Attorney, Etc. based on the inquiry mentioned in paragraph 3 hereof, it shall adopt a resolution to that effect wherein the details of the action is specified. In this case, the bar association shall, based on the said resolution, impose the disiciplinary action against the Accused Attorney, Etc.

6. Where the Disciplinary Actions Committee consider it appropriate not to impose a disciplinary action against the Accused Attorney, Etc. based on the inquiry mentioned in paragraph 3 hereof, it shall adopt a resolution to that effect. In this case, the bar association shall, based on the said resolution, issue a decision to the effect that it will not impose a disciplinary action against the Accused Attorney, Etc.

Article 59. (The ruling on an appeal for investigation by a person imposed with disciplinary action)
Where the Japan Federation of Bar Associations receives an appeal for investigation under the Administrative Appeal Law regarding the disciplinary action imposed by a bar association in accordance with the provisions of Article 56, it shall seek the Disciplinary Actions Committee of the Japan Federation of Bar Association to inquire into the case, and issue a ruling on the basis of the decision of its Disciplinary Actions Committee.

Article 60. (Disciplinary action by the Japan Federation of Bar Associations)
1. The Japan Federation of Bar Associations may, when it considers it appropriate to impose on its own motion a disciplinary action against a practicing attorney or Legal Profession Corporation in the circumstances specified in Article 56, paragraph 1, impose the action against him/her
or it in accordance with those set forth in paragraphs 2 through 6 hereof.

2. When the Japan Federation of Bar Associations considers on its own motion that due grounds exist to impose a disciplinary action against a practicing attorney or Legal Profession Corporation, it may bring the accused attorney or corporation to the disciplinary proceedings, and request the Discipline Maintenance Committee of the Japan Federation of Bar Associations to initiate an investigation of the case.

3. Where the Discipline Maintenance Committee of the Japan Federation of Bar Associations considers it appropriate, based on the investigation mentioned in the preceding paragraph, to seek the Disciplinary Actions Committee of the Japan Federation of Bar Associations to inquire into the case with respect to the Accused Attorney, Etc., the Discipline Maintenance Committee shall adopt a resolution to that
effect. In this case, the Japan Federation of Bar Associations shall, based on the said resolution, seek the Disciplinary Actions Committee of the Japan Federation of Bar Associations to inquire into the case.

4. Where the Discipline Maintenance Committee of the Japan Federation of Bar Associations considers that it is not able to commence the disciplinary proceedings against the Accused Attorney, Etc., or that there is no grounds to impose a disciplinary action against the Accused Attorney, Etc., or it is apparent that any disciplinary action should not be imposed in light of the gravity of the case or other
extenuating circumstances, the Discipline Maintenance Committee shall adopt a resolution that it would not seek for the Disciplinary Actions Committee's inquiry into the case. In this case, the Japan Federation of Bar Associations shall issue a decision to the effect that it will not impose a disciplinary action against the Accused Attorney, Etc.

5. Where the Disciplinary Actions Committee of the Japan Federation of Bar Associations consider it appropriate to impose a disciplinary action against the Accused Attorney, Etc. based on the inquiry mentioned in paragraph 3 hereof, it shall adopt a resolution to that effect wherein the details of the action is specified. In this case, the Japan Federation of Bar Associations shall, based on the said resolution, impose the disciplinary action against the Accused Attorney, Etc.

6. Where the Disciplinary Actions Committee of the Japan Federation of Bar Associations consider it appropriate not to impose a disciplinary action against the Accused Attorney, Etc. based on the inquiry mentioned in paragraph 3 hereof, it shall adopt a resolution to that effect. In this case, the Japan Federation of Bar Associations shall, based on the said resolution, issue a decision to the effect that it will not impose a disciplinary action against the Accused Attorney, Etc.

Article 61. (Institution of lawsuit)
1. A person whose appeal for investigation in respect of a disciplinary action imposed by a bar association under the provision of Article 56 was dismissed [without prejudice] or dismissed [with prejudice] or who was imposed with a disciplinary action by the Japan Federation of Bar Associations under the provision of Article 60, may institute a lawsuit for cancellation thereof at the Tokyo High Court.

2. With regard to any disciplinary action imposed by a bar association under the provisions of Article 56, a lawsuit for cancellation may be instituted only against the ruling of the Japan Federation of Bar Associations over an appeal for investigation.

Article 62. (Restriction on request for change of registration, etc.)
1. A practicing attorney against whom the disciplinary procedures are pending may not make a request for a change of registration or a rescission of registration until such process has been concluded.

2. A Legal Profession Corporation against which the disciplinary procedures are initiated shall not, even if it no longer has a law office in the region covered by the bar association to which it belongs due to relocation or closing, withdraw from that bar association until such process has been concluded.

3. A Legal Profession Corporation against which the disciplinary procedures are initiated may not change its bar association under Article 36-2, paragraph 4 until such process has been concluded.

4. If a Legal Profession Corporation against which the disciplinary procedure are initiated removes its principal law office from the jurisdiction of the bar association to which it belongs, the corporation shall, for the purpose of this chapter, be deemed to retain the principal law office at the former location as well, until such process has been concluded.

5. For the purposes of this chapter, a Legal Profession Corporation against which the disciplinary procedures are initiated shall, even if its liquidation has been completed, be deemed to exist until such process has been concluded.

Article 63. (Limitation)
No disciplinary action shall be initiated after the lapse of three years since the grounds for such action arose.

Section 2. Filing of Objection, Etc. by Disciplinary Action Requesting Party

Article 64. (Filing of objection by Disciplinary Action Requesting Party)
1. Despite a request for disciplinary action made against a practicing attorney or Legal Profession Corporation in accordance with the provision of Article 58, paragraph 1, where the bar association renders a decision not to discipline the Accused Attorney, Etc. or where it has not concluded the disciplinary proceedings within a reasonable period, the requesting party (hereinafter referred to as the ''Disciplinary Action Requesting Party'') may file an objection with the Japan Federation of Bar Associations. The same shall apply to cases where it is considered that the disciplinary action imposed by the bar association was unjustly lenient.

2. The filing of an objection pursuant to the provision of the preceding paragraph shall be made within a period of 60 days commencing from the following date of the date on which a notification in accordance with the provision of Article 64-7, paragraph 1, item (ii) with regard to the decision of not imposing disciplinary action rendered by the bar association is received, or a notification in accordance with the
provision of Article 64-6, paragraph 2 with regard to the disciplinary action is received.

3. In cases where a written application for the objection is submitted via a mail delivery stipulated in Article 2, paragraph 2 of the Law Concerning Delivery of Correspondences by Post or Private Business Operators (2002 Law No. 99) made by a general mail delivery service operator stipulated in paragraph 6 of the same Article or a specified mail delivery service operator stipulated in paragraph 9 of the same Article, the days that have elapsed during the delivery shall not be counted in for the purpose of calculating the application period prescribed in the preceding paragraph.

Article 64-2. (Examination of the objection, etc. by the Discipline Maintenance Committee of the Japan Federation of Bar Associations)
1. Where the filing of an objection is made in accordance with the provision of paragraph 1 of the preceding Article, if the given case was not formerly referred to the Disciplinary Actions Committee of the original bar association (the ''original bar association'' means the bar association to which the Disciplinary Action Requesting Party submitted a request for disciplinary action. The same shall apply hereinafter.) for its inquiry, The Japan Federation of Bar Associations shall seek the Discipline Maintenance Committee of the Japan Federation of Bar Associations to examine the objection.

2. Where the filing of an objection is made with respect to the decision of the original bar association to the effect that it would not discipline the Accused Attorney, Etc. pursuant to the provision of Article 58, paragraph 4, if, based on the examination of the objection mentioned in the preceding paragraph, the Discipline Maintenance Committee of the Japan Federation of Bar Associations considers it appropriate to refer the given case back to the inquiry of the Disciplinary Actions Committee of the original bar association, the Discipline Maintenance Committee of the Japan Federation of Bar Associations shall adopt a resolution to that effect. In this case, the Japan Federation of Bar Associations shall, based on such resolution, rescind the original bar association's decision not to discipline the Accused Attorney, Etc., and then send the case back to the original bar association.

3. The original bar association that receives the case in accordance with the provision of the preceding paragraph shall seek for the inquiry into the case by its Disciplinary Actions Committee. In this case, the provisions of Article 58, paragraphs 5 and 6 shall apply mutatis mutandis.

4. Where the filing of an objection is made with respect that the original bar association had not concluded the disciplinary proceedings within a reasonable period, if the Discipline Maintenance Committee of the Japan Federation of Bar Associations admits the objection based on the examination of the objection mentioned in paragraph 1, it shall adopt a resolution to that effect. In this case, the Japan Federation of Bar Associations shall, based on such resolution, order the original bar association to promptly proceed with the disciplinary proceedings, and render a decision to discipline or not to discipline the Accused Attorney, Etc.

5. Where the Discipline Maintenance Committee of the Japan Federation of Bar Associations considers it appropriate to dismiss [without prejudice] the objection as being unlawful, or dismiss [with prejudice] the objection as being groundless, the Discipline Maintenance Committee of the Japan Federation of Bar Associations shall adopt a resolution to that effect. In this case, the Japan Federation of Bar Associations shall, based on that resolution, render a decision to dismiss [without prejudice] or dismiss [with prejudice] the objection.

Article 64-3. (Application for discipline review)
1. Where the Disciplinary Action Requesting Party is dissatisfied with the decision rendered by the Japan Federation of Bar Associations in accordance with paragraph 5 of the preceding Article ordering to dismiss [without prejudice] or dismiss [with prejudice] the objection filed pursuant to the provision of paragraph 2 of the same Article, he/she may apply to the Japan Federation of Bar Associations for a discipline review by the Board of Discipline Review. In this case, the Japan Federation of Bar Associations shall seek the Board of Discipline Review to conduct a discipline review.

2. The application for a discipline review pursuant to the provision of the preceding paragraph shall be made within a period of 30 days commencing from the following date of the date on which a notification in accordance with the provision of Article 64-7, paragraph 2, item (vi) is received with regard to the Japan Federation of Bar Associations' decision to dismiss [without prejudice] or dismiss [with prejudice] the objection.

3. The provision of Article 64, paragraph 3 shall apply mutates mutandis to the application for a discipline review mentioned in the preceding paragraph.

Article 64-4. (Discipline Review, Etc.)
1. Where, based on the discipline review mentioned in paragraph 1 of the preceding Article, the Board of Discipline Review considers it appropriate to seek for an inquiry into the case by the Disciplinary Actions Committee of the original bar association, the Board of Discipline Review shall adopt a resolution to that effect. This resolution shall be adopted by a two-third majority of the board members present.

2. In case of the preceding paragraph, the Japan Federation of Bar Associations shall rescind its decision to dismiss [without prejudice] or dismiss [with prejudice] the objection, as well as the decision rendered by the original bar association not to discipline the Accused Attorney, Etc., and then send the case back to the original bar association.

3. The original bar association that receives the case pursuant to the provision of the preceding paragraph shall seek its Disciplinary Actions Committee to conduct an inquiry into the case. In this case, the provisions of Article 58, paragraphs 5 and 6 shall apply mutatis mutandis.

4. Where the Board of Discipline Review considers it appropriate to dismiss [without prejudice] the application for a discipline review as being unlawful, the Board of Discipline Review shall adopt a resolution to that effect. In this case, the Japan Federation of Bar Associations shall, based on that resolution, render a decision to dismiss [without prejudice] the application for a discipline review.

5. Where the Board of Discipline Review is not able to adopt a resolution mentioned in paragraph 1 hereof, the Discipline Maintenance Committee shall adopt a resolution to that effect except for the case of the preceding paragraph. In this case, the Japan Federation of Bar Associations shall, based on that resolution, render a decision to dismiss [with prejudice] the application for a discipline review.

Article 64-5. (Examination of the objection, etc. by the Disciplinary Actions Committee of the Japan Federation of Bar Associations)
1. Where an objection is filed pursuant to the provision of Article 64, paragraph 1, if the given case was formerly inquired by the Disciplinary Actions Committee of the original bar association, the Japan Federation of Bar Associations shall seek its the Disciplinary Actions Committee to conduct an examination over the objection.

2. Where the filing of an objection is made with respect to the decision of the original bar association to the effect that it would not discipline the Accused Attorney, Etc. pursuant to the provision of Article 58, paragraph 6, if, based on the examination of the objection mentioned in the preceding paragraph, the Disciplinary Actions Committee of the Japan Federation of Bar Associations considers it appropriate to
impose a disciplinary action against the Accused Attorney, Etc., the Committee shall adopt a resolution to that effect by specifying the detail of the disciplinary action. In this case, the Japan Federation of Bar Associations shall, based on such resolution, rescind the original bar association's decision not to discipline the Accused Attorney, Etc., and impose on its own the disciplinary action against the Accused
Attorney, Etc.

3. Where the filing of an objection is made with respect that the original bar association has not concluded the disciplinary proceedings within a reasonable period, if the Disciplinary Actions Committee of the Japan Federation of Bar Associations admits the objection based on the examination of the objection mentioned in paragraph 1, it shall adopt a resolution to that effect. In this case, the Japan Federation of Bar Associations shall, based on such resolution, order the original bar association to promptly proceed with the disciplinary proceedings, and render a decision to discipline or not to discipline the Accused Attorney, Etc.

4. Where the filing of an objection is made with respect that the disciplinary action imposed by the original bar association was unjustly lenient, if the Disciplinary Actions Committee of the Japan Federation of Bar Associations admits the objection based on the examination of the objection mentioned in paragraph 1 hereof, it shall adopt a resolution ordering the change of the disciplinary action by specifying the contents of the revised disciplinary action. In this case, the Japan Federation of Bar Associations shall, based on such resolution, rescind the disciplinary action imposed by the original bar association, and impose on its own the revised disciplinary action against the Accused Attorney,
Etc.

5. Where the Disciplinary Actions Committee of the Japan Federation of Bar Associations considers it appropriate to dismiss [without prejudice] the objection as being unlawful, or dismiss [with prejudice] the objection as being groundless, it shall adopt a resolution to that effect. In this case, the Japan Federation of Bar Associations shall, based on that resolution, render a decision to dismiss [without prejudice] or dismiss [with prejudice] the objection.

Article 64-6. (Notification and Public Notice of Disciplinary Action)
1. When imposing a disciplinary action against an Accused Attorney, Etc., the bar association or the Japan Federation of Bar Associations shall send a written notification describing the contents of the disciplinary action and the reason for the imposition thereof to the Accused Attorney, Etc.

2. When imposing a disciplinary action against an Accused Attorney, Etc., the bar association or the Japan Federation of Bar Associations shall immediately send a written notification describing the contents of the disciplinary action and the reason for the imposition thereof to, in cases where the bar association imposes the action, the Disciplinary Action Requesting Party, the other bar associations to which the accused Legal Profession Corporation belongs and the Japan Federation of Bar Associations, or, in cases where the Japan Federation of Bar Associations imposes the action, the Disciplinary Action Requesting Party and the bar association to which the Accused Attorney, Etc. belong.

3. When a disciplinary action is imposed against an Accused Attorney, Etc. by the bar association or the Japan Federation of Bar Associations, the Japan Federation of Bar Associations shall, without delay, announce publicly the contents of the disciplinary action in an official gazette.

Article 64-7. (Notification regarding Disciplinary Proceedings)
1. In cases falling within any of the items below with respect to the given disciplinary proceedings, the bar association shall promptly notify in writing the Accused Attorney, Etc., the Disciplinary Action Requesting Party, the other bar associations to which the accused Legal Profession
Corporation belongs and the Japan Federation of Bar Associations of the matters set forth in the respective item below.

(i) Where having had the Discipline Maintenance Committee investigated the case, or where having requested the Disciplinary Actions Committee to inquire into the case
- That effect and the details of the case
(ii) Where having rendered a decision not to discipline the Accused Attorney, Etc.
- That effect and the reason therefor

(iii) Where the disciplinary proceedings are suspended or resumed by the Disciplinary Actions Committee or its sub-committee due to the pending of criminal proceedings on the same cause
- That effect
(iv) Where the disciplinary proceedings are ended due to the death or the resignation of the practicing attorney who has been subject to the disciplinary proceedings
- That effect and the reason therefor

2. In cases falling within any of the items below with respect to the given disciplinary proceedings, the Japan Federation of Bar Associations shall promptly notify in writing the Accused Attorney, Etc., the Disciplinary Action Requesting Party and the bar association to which the Accused Attorney, Etc. belongs of the matters set forth in the respective item below.

(i) Where having had the Discipline Maintenance Committee investigated the case, or where having requested the Disciplinary Actions Committee to inquire into the case
- That effect and the details of the case
(ii) Where having rendered a decision not to discipline the Accused Attorney, Etc.
- That effect and the reason therefor

(iii) Where having requested the Discipline Maintenance Committee to examine the objection, where having requested the Board of Discipline Review to conduct a discipline review, or where having requested the Disciplinary Actions Committee to examine the objection

- That effect
(iv) Where having sent the case back to the original bar association pursuant to the provisions of Article 64-2, paragraph 2 or Article 64-4, paragraph 2

- That effect and the reason therefor
(v) Where having ordered the original bar association to promptly proceed with the disciplinary proceedings, and render a decision to discipline or not to discipline the Accused Attorney, Etc.

- That effect and the reason therefor
(vi) Where having rendered a decision to dismiss [without prejudice] or dismiss [with prejudice] the objection

- That effect and the reason therefor
(vii) Where having rendered a decision to dismiss [without prejudice] or dismiss [with prejudice] the application for a discipline review
- That effect and the reason therefore (viii) Where the disciplinary proceedings are suspended or resumed by the Disciplinary Actions Committee or its sub-committee due to the pending of criminal proceedings on the same cause

- That effect
(ix) Where the disciplinary proceedings are ended due to the death or the resignation of the practicing attorney who has been subject to the disciplinary proceedings

- That effect and the reason therefor

Section 3. The Disciplinary Actions Committee

Article 65. (The establishment of a Disciplinary Actions Committee)
1. A Disciplinary Actions Committee shall be established in each bar association and the Japan Federation of Bar Associations, respectively.

2. A Disciplinary Actions Committee shall, upon the request of its bar association or the Japan Federation of Bar Associations, as the case may be, conduct necessary inquiries concerning the imposition of disciplinary action against a practicing attorney or Legal Profession Corporation that belongs to the said bar association.

Article 66. (Composition of a Disciplinary Actions Committee)
A Disciplinary Actions Committee shall consist of the number of committee members that is four or more and is designated in the articles of associations of the bar association or the Japan Federation of Bar
Associations.

Article 66-2. (The Committee members of a Disciplinary Actions Committee)
1. The committee members of a Disciplinary Actions Committee of a bar association shall be individually appointed by the chairman of the bar association among practicing attorneys, court judges, public prosecutors and academic experts. In this case, the committee members of court judges or public prosecutors shall be appointed based on the recommendations from the High Court or the District Court or from the superintendent public prosecutor of the High Public Prosecutors' Office or the chief public prosecutor of the District Public Prosecutors' Office, all of which locates within the same jurisdiction, and other members shall be appointed based on a resolution adopted at a general meeting of the bar association.

2. The committee members of the Disciplinary Actions Committee of the Japan Federation of Bar Associations shall be individually appointed by the chairman of the Japan Federation of Bar Associations among practicing attorneys, court judges, public prosecutors and academic experts. In this case, the committee members of court judges or public prosecutors shall be appointed based on the recommendations from the Supreme Court or the Public Prosecutor General, and other members shall be appointed based on a resolution adopted at a general meeting of the Japan Federation of Bar Associations.

3. The term of committee members of a Disciplinary Actions Committee shall be two years; provided that the term of a substituting committee member shall be the remaining term of his/her predecessor.
4. In the application of criminal punishments stipulated under the Criminal Law or other laws, the committee members of a Disciplinary Actions Committee shall be deemed to be officials engaging in public duties under the provisions of laws and ordinances.

Article 66-3. (The chairman of a Disciplinary Actions Committee)
1. The position of the chairman is set up with a Disciplinary Actions Committee, and shall be chosen by the mutual election of the committee members.
2. The chairman shall preside over any and all affairs of the committee.

3. Where the chairman is unable to carry out his/her duties due to an accident, the other committee member designated pursuant to the order determined in advance by the Disciplinary Actions Committee shall fulfill the duties of the chairman.

4. The provision of paragraph 4 of the preceding Article shall apply mutatis mutandis to the chairman.

Article 66-4. (Reserve committee members of a Disciplinary Actions Committee)
1. A Disciplinary Actions Committee shall include reserve committee members the number of which is four or more and is designated in the articles of associations of the bar association or the Japan Federation of Bar Associations.

2. Where a reserve committee member is unable to carry out his/her duties due to an accident or have no longer been the committee member, the chairman of the bar association or the Japan Federation of Bar Associations shall designate a person who acts as an agent among reserve committee members having the same qualification as that member.

3. The provision of Article 66-2 shall apply mutatis mutandis to reserve committee members.

Article 66-5. (Sub-committees of a Disciplinary Actions Committee)
1. A Disciplinary Actions Committee may set up its sub-committees to inquire into a given case when it is necessary.

2. A sub-committee shall consist of one or more sub-committee member(s) who is/are practicing attorney(s), court judge(s), public prosecutor(s) or academic expert(s) and is/are designated by the chairman.

3. The position of the chief is set up with a sub-committee, and shall be chosen by the mutual election of the sub-committee members.

4. Where the chief is unable to carry out his/her duties due to an accident, the other sub-committee member designated pursuant to the order determined in advance by the sub-committee shall fulfill the duties of the chief of the sub-committee.

5. A Disciplinary Actions Committee may treat a resolution adopted by the sub-committee as a resolution of the Disciplinary Actions Committee with respect to a given case that the sub-committee has inquired in accordance with those set forth by the Committee.

Article 67. (Inquiry Procedures of Disciplinary Actions Committee)
1. When a Disciplinary Actions Committee has been requested to conduct an inquiry, it shall, without delay, fix the date of the inquiry and notify the Accused Attorney, Etc. who is the subject of the inquiry of that fact.

2. The practicing attorney or the partner of the Legal Profession Corporation who is the subject of an inquiry may appear before the Committee on the date of inquiry and make a statement. In this case, the said practicing attorney or the partner of the Legal Profession Corporation shall obey the proper orders of the chairman of the Disciplinary Actions Committee.

3. Where it is necessary for the inquiry, the chairman of the Disciplinary Actions Committee may require the Accused Attorney, Etc., the Disciplinary Action Requesting Party, concerned parties or public offices to make statements or to submit explanations or information.

Article 67-2. (The minutes of Disciplinary Actions Committee)
When adopted any resolution, the Disciplinary Actions Committee shall immediately produce the minutes thereof describing the reason for the resolution.

Article 68. (Suspension of disciplinary procedures)
A Disciplinary Actions Committee may suspend the disciplinary proceedings while a criminal action is pending in respect to the same cause.

Article 69. (Provisions that apply mutatis mutandis to sub-committees of Discipline Actions Committee)
The provisions of the preceding three Articles shall apply mutates mutandis to the sub-committees of a Disciplinary Actions Committee.

Section 4. The Discipline Maintenance Committee

Article 70. (Establishment of a Discipline Maintenance Committee)
1. A Discipline Maintenance Committee shall be established in each bar association and the Japan Federation of Bar Associations, respectively.

2. A Discipline Maintenance Committee of a bar association shall conduct investigations mentioned in Article 58, paragraph 2 and Article 71-6, paragraph 2 and govern any and all matters relating to the discipline maintenance of practicing attorneys and Legal Profession Corporations belonging to that bar association.

3. The Discipline Maintenance Committee of the Japan Federation of Bar Associations shall conduct investigations mentioned in Article 60, paragraph 2 and Article 71-6, paragraph 2 as well as the examination of objections mentioned in Article 64-2, paragraph 1, and govern any and all matters relating to the discipline maintenance of practicing attorneys and Legal Profession Corporations.

Article 70-2. (Composition of a Discipline Maintenance Committee)
A Discipline Maintenance Committee shall consist of the committee members the number of which is four or more and is designated in the articles of association of the bar association or the Japan Federation of Bar Associations.

Article 70-3. (The Committee members of a Discipline Maintenance Committee)
1. The committee members of a Discipline Maintenance Committee of a bar association shall be individually appointed by the chairman of the bar association among practicing attorneys, court judges, public prosecutors and academic experts. In this case, the provision set forth in the latter sentence of Article 66-2, paragraph 1 shall apply mutatis mutandis.

2. The committee members of the Discipline Maintenance Committee of the Japan Federation of Bar Associations shall be individually appointed by the chairman of the Japan Federation of Bar Associations among practicing attorneys, court judges, public prosecutors and academic experts. In this case, the provision set forth in the latter sentence of Article 66-2, paragraph 2 shall apply mutatis mutandis.

3. The term of committee members of a Discipline Maintenance Committee shall be two years; provided that the term of a substituting committee member shall be the remaining term of his predecessor.
4. In the application of criminal punishments stipulated under the Criminal Law or other laws, the committee members of a Discipline Maintenance Committee shall be deemed to be officials engaging in public duties under the provisions of laws and ordinances.

Article 70-4. (The chairman of a Discipline Maintenance Committee)
1. The position of the chairman is set up with a Discipline Maintenance Committee, and shall be chosen by the mutual election of the committee members.
2. The chairman shall preside over any and all affairs of the committee.

3. Where the chairman is unable to carry out his/her duties due to an accident, the other committee member designated pursuant to the order determined in advance by the Discipline Maintenance Committee shall fulfill the duties of the chairman.

4. The provision of paragraph 4 of the preceding Article shall apply mutatis mutandis to the chairman.

Article 70-5. (Reserve committee members of a Discipline Maintenance Committee)
1. A Discipline Maintenance Committee shall include reserve committee members the number of which is four or more and is designated in the articles of association of the bar association or the Japan Federation of Bar Associations.

2. Where a reserve committee member is unable to carry out his/her duties due to an accident or have no longer been the committee member, the chairman of the bar association or the Japan Federation of Bar Associations shall designate a person who acts as an agent among reserve committee members having the same qualification as that member.

3. The provision of Article 70-3 shall apply mutatis mutandis to reserve committee members.

Article 70-6. (Sub-committees of Discipline Maintenance Committee)
1. A Discipline Maintenance Committee may set up its sub-committees to investigate or examine a given case when it is necessary.

2. A sub-committee shall consist of one or more sub-committee member(s) who is/are practicing attorney(s), court judge(s), public prosecutor(s) or academic expert(s) and is/are designated by the chairman.

3. The position of the chief is set up with a sub-committee, and shall be chosen by the mutual election of the sub-committee members.

4. Where the chief is unable to carry out his/her duties due to an accident, the other sub-committee member designated pursuant to the order determined in advance by the sub-committee shall fulfill the duties of the chief of the sub-committee.

5. A Discipline Maintenance Committee may treat a resolution adopted by the sub-committee as a resolution of the Discipline Maintenance Committee with respect to a given case that the sub-committee has investigated in accordance with those set forth by the Committee.

Article 70-7. (Requirement of statements, etc. by a Discipline Maintenance Committee)
Where it is necessary for the investigation or the examination, the Discipline Maintenance Committee may require the Accused Attorney, Etc., the Disciplinary Action Requesting Party, concerned parties or public offices to make statements or to submit explanations or information.

Article 70-8. (The minutes of the Discipline Maintenance Committee)
When adopted any resolution, the Discipline Maintenance Committee shall immediately produce the minutes thereof describing the reason for the resolution.

Article 70-9. (Provisions that apply mutatis mutandis to sub-committees of Discipline Maintenance Committee)
The provisions of the preceding two Articles shall apply mutatis mutandis to the sub-committees of a Discipline Maintenance Committee.

Section 5. The Board of Discipline Review

Article 71. (Establishment of the Board of Discipline Review)
1. The Board of Discipline Review shall be established at the Japan Federation of Bar Associations.
2. The Board of Discipline Review shall conduct a discipline review that is necessary to ensure the due process of disciplinary proceedings by reflecting public opinions when such review is applied for by the Disciplinary Action Requesting Party in cases where the bar association rendered a decision not to discipline the Accused Attorney, Etc. pursuant to the provision of Article 58, paragraph 4, and the Japan Federation of Bar Associations rendered a decision to dismiss [without prejudice] or dismiss [with prejudice] the objection that was filed by the Disciplinary Action Requesting Party.

Article 71-2. (Composition of the Board of Discipline Review)
The Board of Discipline Review shall consist of eleven board members.

Article 71-3. (The board members of the Board of Discipline Review)
1. The board members of the Board of Discipline Review shall be appointed by the chairman of the Japan Federation of Bar Associations among academic experts (excluding practicing attorneys, court judges, public prosecutors and persons who formerly served as those professions) based on a resolution adopted at a general meeting of the Japan Federation of Bar Associations.

2. The term of the board members of the Board of Discipline Review shall be two years; provided that the term of a substituting committee member shall be the remaining term of his/her predecessor.

3. In the application of criminal punishments stipulated under the Criminal Law or other laws, the board members shall be deemed to be officials engaging in public duties under the provisions of laws and ordinances.

Article 71-4. (The chairman of the Board of Discipline Review)
1. The position of the chairman is set up with the Board of Discipline Review, and shall be chosen by the mutual election of the board members.

2. The chairman shall preside over any and all affairs of the board.
3. Where the chairman is unable to carry out his/her duties due to an accident, the other committee member designated pursuant to the order determined in advance by the Board of Discipline Review shall fulfill the duties of the chairman.

4. The provision of paragraph 3 of the preceding Article shall apply mutatis mutandis to the chairman.

Article 71-5. (Reserve board members of the Board of Discipline Review)
1. The Board of Discipline Review shall include reserve board members the number of which is designated in the articles of association of the Japan Federation of Bar Associations.

2. Where a reserve board member is unable to carry out his/her duties due to an accident or have no longer been the board member, the chairman of the Japan Federation of Bar Associations shall designate a person who acts as an agent among reserve board members having the same qualification as that member.

3. The provision of Article 71-3 shall apply mutatis mutandis to reserve board members.

Article 71-6. (Requirement of statements, etc. by the Board of Discipline Review)
1. Where it is necessary for a discipline review, the Board of Discipline Review may require the Accused Attorney, Etc., the Disciplinary Action Requesting Party, concerned parties or public offices to make statements or to submit explanations or information.

2. Where it is necessary for a discipline review, the Board of Discipline Review may request the Discipline Maintenance Committee of the bar association to which the Accused Attorney, Etc. belong or the Discipline Maintenance Committee of the Japan Federation of Bar Associations to conduct a necessary investigation.

Article 71-7. (The minutes of the Board of Discipline Review)
When adopted any resolution, the Board of Discipline Review shall immediately produce the minutes thereof describing the reason for the resolution.

Chapter IX. Control of the Practice of Law

Article 72. (Prohibition of the practice of law by non-lawyers)
A person other than a practicing attorney shall not, for payment, and as an occupation, engage in the practice of law by giving legal advice, providing legal representation, arbitrating, settling disputes
amicably, or performing any like acts in respect of lawsuits, non-contentious matters, or appeals filed with administrative agencies such as requests for investigation, the raising of objections, requests
for the review of dispositions, or similar matters, or act as an intermediary in such matters as are specified in this Article as constituting the practice of law; provided, however, that this shall
not apply in such cases as otherwise specified in this Law or other laws.

Article 73. (Prohibition against the enforcement of assigned rights)
No person shall engage in the business of obtaining the transfer to himself of the rights of any other person and enforcing such rights through a lawsuit, mediation, conciliation or any other method.

Article 74. (Prohibition against false indications by non-lawyers)
1. No person who is not a practicing attorney or Legal Profession Corporation shall use the name of a practicing attorney or refer to his/her office as a ''law office.''
2. No person who is not a practicing attorney shall, for gain, indicate that he/she gives legal advice or handles other legal matters.

3. No person who is not a Legal Profession Corporation shall use the word ''legal profession corporation'' or other similar words in his/her name.

Chapter X. Penalties

Article 75. (The offence of false registration)
1. When a person who does not possess the required qualifications to be a practicing attorney has had his/her name registered in the roll of practicing attorneys by a false declaration to the Japan Federation of Bar Associations, such person shall be punished by rigorous imprisonment of not more than two years or by a fine of not more than one million yen.

2. The same rule as the preceding paragraph shall apply to a person who, in the application pursuant to the provision of Article 5-2, paragraph 1, has had the Minister of Justice to render a certification mentioned in Article 5 by making a false declaration with respect to the period of having assumed particular positions as prescribed in Article 5, item 1 or 3, the period of having discharged particular duties as prescribed in item 2 of the Article, the contents of the duties of the same item, or any other material matters.

2. Any attempt to commit the offence specified in the preceding two paragraphs shall be punishable.

Article 76. (Offence of corruption)
Any person who violates the provisions of Article 26 or 30-19 shall be punished through rigorous imprisonment of not more than three years.

Article 77.(Offence of acting together with persons who are non-lawyers, etc.)
A person who falls under any of the following items shall be punished through rigorous imprisonment of not more than two years or a fine of not more than three million yen:

(1) A person who has violated Article 27 (including that article applied mutatis mutandis as specified in Article 30-20);

(2) A person who has violated Article 28 (including that article applied mutatis mutandis as specified in Article 30-20);

(3) A person who has violated Article 72; or
(4) A person who has violated Article 73.

Article 77-2. (Offence of false indication, etc.)
Any person who violates the provisions of Article 74 shall be punished by a fine of not more than one million yen.

Article 78. (Double punishment)
1. Where the Partners, etc. of a Legal Profession Corporation violate the following provisions in connection with the legal practice of said corporation, the aforementioned persons shall be punished, and in addition the said corporation shall be punished by the imposition of the fine specified below:

(1) A fine of not more than three million yen for the violation of Article 76 (to the extent that it relates to the provisions of Article 30-19); or (2) The fine set forth in Article 77 for the violation
of Article 77, item 1 (to the extent that it relates to the provisions of Article 27 as applied mutates mutandis in Article 30-20) or Article 77, item 2 (to the extent that it relates to the provisions of Article 28 as applied mutatis mutandis to Article 30-20).

2. Where the representative of a juristic person or the agent, employee, or other worker of a juristic or natural person violates the provisions of Article 77, item 3 or 4 or the preceding article in connection with the business of said juristic or natural person, the aforementioned persons shall be punished, and in addition the said juristic or natural person shall be punished by the imposition of the fine stipulated in this article.

Article 79. (Non-penal fine)
The partners or liquidator of a Legal Profession Corporation shall be punished by a non-penal fine of not more than three hundred thousand yen in the following cases:

(1) Failure to make registration pursuant to the provisions of a Cabinet Order issued under this Law;
(2) Failure to apply for an adjudication of bankruptcy pursuant to the provisions of Article 81, paragraph 1 of the Civil Code as applied mutatis mutandis in Article 30-27, paragraph 1;

(3) Failure to make required statements or entries in, or the falsification of, the articles of incorporation or the account books or balance sheet required by Article 32, paragraph 1 of the Commercial Code as applied mutates mutandis in Article 30-27, paragraph 2;

(4) A merger or the disposal of the corporation's property in breach of the provisions of Article 100, paragraph 1 or 3 of the Commercial Code (including that article applied mutatis mutandis in Article 117, paragraph 3), as applied mutatis mutandis in accordance with Article 30-27, paragraph 6; or

(5) The distribution of the corporation's property in breach of the provisions of Article 131 of the Commercial Code as applied mutatis mutandis in Article 30-27, paragraph 7. Supplements

Article 80. (Effective date)
This Law shall come into force on and from September 1, 1949.

Article 81. (Qualification under the old provisions)
With respect to the application of this Law, a person qualified as a practicing attorney under the old provisions shall be deemed to have completed the course for a legal apprentice when the said person obtained such qualification.

Article 82. (Exceptions for probationary practicing attorney)
When a person who has been a probationary practicing attorney (Bengoshi-shiho), at the time of enforcement of this Law, has completed the practical training for more than one year and a half and passed the examination under the old Practicing Attorney Law, such person is deemed to have completed the course for a legal apprentice when such person passed the said examination.

Article 83. (Application of grounds for disqualification of a practicing attorney)
In applying Article 7, a person who has been prohibited from practicing under the old Accountant Law (Keirishi-ho, Law No. 31 of 1927) shall be deemed to have been revoked his/her registration as a certified public accountant from the register of certified public accountants as a result
of such disciplinary action, a person who was revoked his/her license under the old Tax Accountants Law (Zeimu-dairishi-ho, Law No. 46 of 1942) shall be deemed to have been revoked his/her registration as a tax accountant as a result of such disciplinary action and a person who has
been dismissed from his/her office as a government official under the Ordinance concerning Disciplinary Action against Governmental Officials (Kanri-chokai-rei, Imperial Command No. 63 of 1899) shall be
deemed to have been discharged from his/her office as a public employee as a result of such disciplinary action.

Article 84. (Registration in the old roll)
Registration in the old roll under the old provisions shall be deemed as registration in the roll under this Law.

Article 85. (Request for registration or change of registration)
Request for registration or change of registration made to the Head of the Bureau of Legal Affairs (Homu-sosai) under the old provisions shall be deemed as a transmission of request for registration or change of registration to the Japan Federation of Bar Associations.

Article 86. (Law office)
The law office which was reported by a practicing attorney to the Head of the Bureau of Legal Affairs under the old provisions shall be deemed as the law office reported under this Law by such practicing attorney.

Article 87. (Delivery of old roll, etc.)
The Bureau of Legal Affairs (Home-fu) shall deliver, upon request, the old roll and any other documents concerning practicing attorneys and bar associations which have been kept at the Bureau to the Japan
Federation of Bar Associations.

Article 88. (Existing bar associations and federation of bar associations)
1. Any bar association or federation of bar associations existing in the district of jurisdiction of each high court at the time of the enforcement of this Law, shall be deemed to be a bar association or federation of bar associations under this Law.

2. The bar association or federation of bar associations described in the preceding paragraph shall promptly obtain the approval of the Japan Federation of Bar Associations with respect to their articles of association or rules and, with respect to the bar association, it is required to make registration of incorporation.

3. Paragraph 2 and Paragraphs 4 through 6 of Article 34 shall apply mutatis mutandis to the registration under the preceding paragraph.

Article 89. (Special provision for bar associations within the same jurisdictional district)
1. Notwithstanding the provisions of Article 32, two or more bar associations existing within the jurisdiction of the same district court may continue to exist as heretofore even after the enforcement of this Law.

2. Any bar association described in the preceding paragraph may at any time be merged with each other or dissolved.
3. In case of merger or dissolution under the preceding paragraph, Paragraphs 2 through 4 of Article 43 shall apply mutatis mutandis.

Article 90. (Preparatory procedures for establishment of the Japan Federation of Bar Associations)
Any preparatory procedures necessary for the incorporation of the Japan Federation of Bar Associations may be commenced before the date set forth in Article 80.

Article 91. (Application of Law concerning Exceptions to the Qualification of Practicing Attorney and Probationary Practicing Attorney)
The Law concerning the Exceptions to the Qualification of Practicing Attorney and Probationary Practicing Attorney (Law No. 11 of 1946) shall continue to apply as heretofore; provided, however, that a probationary practicing attorney in the said Law shall be read as legal apprentice and duties of the Examining Committee shall be performed by the Qualifications Screening Board of the Japan Federation of Bar Associations established under this Law.

Article 92. (Abolition of the Law for Control over the Handling of Legal Matters)
The Law for Control over the Handling of Legal Matters (Law No. 54 of 1933) shall be abolished; provided, however, that penal provisions under the said Law shall apply as before to any act committed before the abolition of the said Law.
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