Despite the current and recent economic situation of Japan, not to mention the consequences of the global pandemic; in the last five years, the number of foreign lawyers living in Tokyo has shown significant growth. Moreover, both Japanese and foreign law firms seek foreign-qualified lawyers, and foreign lawyers abroad looking to move to Japan are increasing in number. It is therefore important for foreign lawyers to be fully prepared for this transition in the event of a change in the Tokyo market.

While considering personal aspects of this career change, such as logistics of moving and cost of living, it is important to understand what Japanese law firms require in a foreign lawyer. Among these requirements, one of the most important requirements is qualification or eligibility to become a foreign lawyer in Japan.

As a foreign lawyer willing to build a successful career in Japan, becoming a Gaikokuho-Jimu-Bengoshi (Gaiben), is a ‘basic’ step. The Gaiben qualification opens opportunities and allows you to provide legal services that would otherwise be restricted to you. Below, you’ll be able to find the importance of obtaining this qualification, and how to achieve this.

Why is the Gaiben Qualification Important?

1. Legal Authorization:

The Gaiben qualification legally empowers foreign lawyers to advice on the law in their jurisdiction of primary qualification. The legal practice in Japan, without this status, is forbidden by Article 72 of the Bengoshi Act.

2. Broadened Legal Practice:

As a Gaiben, you are at liberty to offer professional legal services not only about the laws of your jurisdiction but also about designated laws if approved to do so by the Minister of Justice. This is inclusive of advice concerning laws in other jurisdictions, provided that you have obtained written advice to that effect from a lawyer who is qualified to practice in that jurisdiction.

3. Professional Credibility:

With the Gaikokuho-Jimu-Bengoshi qualification, your professional credibility, and reputation in the Japanese legal market will be advanced. It tells that you attain rigorous standards and recognition by Japanese authorities that may attract clients and opportunities for employment.

4. Career Opportunities:

Most law firms in Japan require foreign applicants to be either eligible or already registered as a Gaiben in order to consider the possibility of them joining. Not being qualified, being eligible for it, or not willing to qualify would close the door to a large amount of opportunities.

Steps to Become a Gaikokuho-Jimu-Bengoshi (Gaiben)

1. Qualification as a Foreign Lawyer:

· Ensure that you are qualified as a lawyer in your home jurisdiction.

2. Work Experience Requirements:

· You must have a minimum of three years of work experience in the practice of law, with at least one year outside of Japan.

3. Preliminary Examination:

· Apply for the preliminary examination. First, your application documents will be checked for completeness before examination.

4. Minister of Justice Approval:

· In case of eligibility, subsequently file your application with the Minister for approval accompanied with the appropriate fees and signing of sworn statements. Then, the Ministry will contact the Japan Federation of Bar Associations for an opinion.

5. Consultation and Counseling:

· As part of the process, you can be provided with counseling services to assist you on the approval procedures. The application is then put before the Foreign Lawyers Committee within the JFBA, which submits its opinion.

6. Final Decision and Registration

· In case of successful applications, the applicant will be notified of their Gaikokuho-Jimu-Bengoshi status. This fact is advertised in the official gazette. In case of approval, you are registered to the bar association of your choice.

· The average waiting period for a decision from the moment you submit your application is of 6 to 12 months.

Flow of Approval Procedures

Following is a detailed flow of the approval procedures to become a Gaikokuho-Jimu-Bengoshi.

Main Stage: Approval

1. Application for Approval:

· Take the Approval Application form and original copies of accompanying documents to the Ministry of Justice.

· File the application and swear an oath.

· Pay the Application fee by affixing revenue stamps of ¥27,500 on the application form.

· An approval application receipt shall be issued.

· Make necessary corrections, and contact the Ministry of Justice office for an appointment to visit them.

· Fill up the application, and take an oath in Japanese. You may bring an interpreter if you need one.

2. Application for Approval Examination:

· The Ministry of Justice will seek an opinion from the Japan Federation of Bar Associations, JFBA.

· The application is examined, then a judgment is rendered or passed.

3. Notice of the Results of the Examination:

· Publication in the government gazette of the notice of the results.

· A notice for approval or rejection is issued and sent to the applicant and the JFBA.

· In case of the approval of the application, follow up on the registration at a bar association.

Conclusion

One of the most important steps in building up a good, strong legal practice in Japan would be the Gaikokuho-Jimu-Bengoshi qualification for any foreign lawyer. Having such a qualification will help to expand the legal services you can offer. This enhances professional prestige and helps in ensuring conformity with Japanese law. If all steps involved are properly followed and you are aware of the importance of the process, it will help you acquire Gaiben status and, hence, a lot of the related professional opportunities within the legal environment in Japan.

Links of Interest

· https://www.nichibenren.or.jp/en/about/judicial_system/gaiben_info.html

· https://www.moj.go.jp/ENGLISH/information/gjb.html

· https://www.moj.go.jp/ENGLISH/m_housei07_00003.html