Can only the rich be lawyers?

Japan Press Weekly

Japan Press Service Co., Ltd. is the only news agency providing information of progressive, democratic movements in Japan

Can only the rich be lawyers?

A rally organized by the Chiba Bar Association took place in Chiba City on August 25, calling for the continuation of the scholarship program to legal apprentices which the government is planning to abolish in November.

Kawakami Akihiko of the Japan Federation of Bar Association (JFBA) emergency taskforce pointed out that some have already been in debt of more than 10 million yen.

“The judiciary is supposed to protect the weak and the minority. The abolition of the scholarship program will impose an extra three million yen onto would-be lawyers and will give the finishing blow to those who are already in debt. If only the rich can become judicial servants, Japan’s legal world will change for the worse,” said Kawakami.

JFBA President Utsunomiya Kenji said, “Soon after I became the JFBA president in April, I set up the taskforce in order to work together with the people concerned. If lawyers, judges, or prosecutors are all from wealthy backgrounds, they may limit the human rights of the weak, the poor, and the general public.”

A 34-year-old legal apprentice said, “Because the government requires us to have on-the-job training while prohibiting us from having a part-time job, it should provide grants to us as salaries.”

A victim of a false accusation case said, “I had been falsely accused for 43 years. Many lawyers worked very hard to prove my innocence without pay, but an increase in debt-ridden lawyers will probably lead to a decrease in the number of such lawyers.”

* * * * *

Anyone who wants to be a judge, prosecutor, or lawyer must receive one-year training in a legal apprenticeship after he/she passes the national bar examination. The training takes place full-time on weekdays and prohibits any part-time jobs. The government has so far provided about a \ 200,000 monthly stipend to trainees so that they can focus on the training.

However, in 2004, the government adversely revised the Court Act and decided to abolish the stipend program for legal apprentices. Instead, the government plans to introduce a loan program to apprentices who do not have enough money to meet living expenses. The Japanese Communist Party opposed to this decision.

According to the JFBA, 53 percent of legal trainees are in debt. The amount of debt is 3.18 million yen on average. An increase in financial burdens on those aspiring to be lawyers will discourage people from working for the judiciary.

- Akahata, August 27, 2010