The Tokyo Bar Association, popularly called "Toben", is the largest local bar association among the 52 local bar associations in Japan. Toben is the oldest bar association established in 1893, having a history of more than 100 years. Toben was reincorporated in 1949, in its present form, as a public legal entity pursuant to Bengoshi Law (Law No.205 of 1949). Its object is to manage matters relating to the guidance, liaison and supervision of its members, Bengoshi, in order to maintain their independence and dignity, and to promote and enhance the standards of the legal profession． A local bar association was established under the Bengoshi Law of 1949 in each jurisdiction of the District Courts which number is 50 today. The exception is that in Tokyo District Court area, there have been 3 bar associations, namely, Toben, Ichiben and Niben bar associations which had existed even before the inauguration of the present Bengoshi Law. Questions are often asked as to what differences exist among 3 bar associations, but there are no substantial differences to be particularly remarked.

　The Japan Federation of Bar Associations (JFBA/Nichibenren), is the national professional body of Bengoshi in this country. JFBA has a dual structure consisting, on the one hand, of all Bengoshi and, on the other, of all local bar associations. Attorneys in full-time government service, judges and public prosecutors and barred from membership in JFBA.

　It is mandatory, under the Bengoshi Law, for all practicing attorneys, Bengoshi, to become members of JFBA. Any person who desires to　become a Bengoshi must apply, through the local bar association which one intends to join, to have its name registered with JFBA. No person is permitted to practice law in Japan unless so registered. Practicing law here means not only appearing before the courts and other governmental bodies but also giving legal advice to the clients.

　The local bar associations as well as Nichibenren are independent organization free from supervision or influence by any governmental organ including the Diet, the Supreme Court or the Cabinet. It is empowered to enact its own regulations within the limits prescribed by the Bengoshi Law without any review or interference by any outside agency. Its independence is restricted only to the extent that the Supreme Court is permitted, when the said Court deems it necessary, to request the Federation (a) to report on its affairs, or (b) to investigate matters pertaining to Bengoshi and bar associations. Such a degree of independence, which is not guaranteed in most other countries, is indeed unique. Always being conscious of their role as defenders of freedom and human rights, Bengoshi firmly believe in the need for such independence after having experienced the continuous infringement of the fundamental rights of the people by an undemocratic bureaucracy in the past.

　Every practitioner of law must necessarily become a member of a local bar association as well as JFBA. As of June 2000, their total number was some 17,700 (of which 1,693 were women Bengoshi), a comparatively small figure in the light of the population of the nation of over 120 million. Most practicing attorneys in Japan are still solo practitioners or practice with a few associates although there are more and more joint offices of several or more Bengoshi sharing costs oｒ even forming a partnership, especially in large city areas like Tokyo and Osaka. Bengoshi employed by private companies and in-house counsel are still very small in number, and such employment is subject to permission of the local bar association.

　As a rule, to become a Bengoshi, candidates must follow four steps, namely (i) to pass the bar examination, (ii) to complete the one year and　a half legal apprenticeship at the Legal Research and Training Institute, (iii) to pass the final examination at the Institute, and （iv）　to be registered with JFBA. There are exceptions, but those are extremely limited.

　The bar examination is held once every year by a special committee under the Ministry of Justice. Almost all applicants are university graduates. The bar examination in Japan is said to be one of the most difficult bar examinations in the world. This is illustrated by the success rate of applicants which is less than 3% and the average age of successful applicants is about 26-28 years for the past 30 years. The number of successful applicants has been gradually increased in recent years, and in 1999 it reached exactly 1,000 for the first time.

　To provide the necessary professional training to the candidates who have passed the bar examination, the Supreme Court runs the Legal Research and Training Institute. Almost every successful candidate chooses to enter the Institute and becomes a legal apprentice. A legal apprentice is paid by the government a monthly stipend during the training period. After the completion of one and a half year course and passing the final examination at the Institute, a legal apprentice is qualified to apply to become a Bengoshi. Some apply to the Supreme Court or the Ministry of Justice for a position as an assistant judge or a public prosecutor respectively. In April 2000, 575 became Bengoshi, while 87 chose to be assistant judges and 69 public prosecutors.

　Bengoshi when appearing before the court does not wear robes. For the purpose of identification, Bengoshi wears a badge which is shown on the cover page of this pamphlet. A public prosecutor also wears a badge while the judges as well as court clerks wear black robes in the courtroom in Japan. Bengoshi badge is designed with a golden sunflower, being a flower of sun, the symbol of justice and fluttering of liberty. The center is a silver scale, being the symbol of fairness and equality. The registration number is inscribed on the back of the badge and one has to return it to JFBA upon ceasing to be a Bengoshi.

　The highest decision making body of Toben is its annual general meeting of all members, which is held in May each year, reviewing and approving the annual budgets and accounts in addition to the important matters such as amendment of its Rules or by-laws. The extraordinary general meeting is to be held from time to time as required. The regular deliberation of the affairs of Toben is made at the monthly meeting of the House of Delegates composed of 80 Delegates appointed from among the members by election in February each year. Toben has one President, six Vice Presidents and two Auditors all of whom are also appointed by election and whose term of office is one year. The officers work full time but are not paid. We have 7 part time paid staff lawyers (Bengoshi) and a secretariat of about 50 staff. The annual budget approved for 2000 was approximately one billion one hundred and thirty-two million yen (1,132,000,000 yen). About 70% of the budget is funded by the dues of its members. There is no funding from governmental agencies, national or local.

　The activities of Toben are conducted thorough its more than 30 Committees. The number of the Committees as well as the number of participating Bengoshi is by far the largest of all bar associations in Japan. There are three categories of Committees, namely, Autonomous, Standing and Special Committees. The Autonomous Committees are Qualifications Screening Board, Disciplinary Actions Committee, Disciplinary Maintenance Committee, and Election Supervisory Committee. The Standing Committees are Personnel, Finance, General Affairs, Welfare, Public Relations, Legal System, Human Rights Protection, Regulation of Unauthorized Practice of Law, Legal Apprentice Training, Bar Association Building, Member-Client Disputes Mediation, Management of Legal Consultation Center, Continuous Legal Education, and Criminal Defense Committees. The Special Committees are Court Matters, Improvement of Legal Services, Tax Matters, Criminal Law, Pollution and Environment, Consumer Protection, Children's Human Rights and Juvenile Law, Legal Ethics, Equality of Both Sexes, Anti-Racketeering, International Relations, Civil Procedure, Protection of Foreigners' Human Rights, Judicial Reform, Training of Legal Profession, Obstruction of Legal Services, Rights of the Elderly and Handicapped, Crime Victims, Mediation and Arbitration, Supervising of Consent of Marrow Donation, Disputes with House Builders, and Citizens Grievance Committees. Of particular interest will be Disciplinary Actions Committee which has the power to sanction its member (the severest would be the disbarment), although one may appeal to JFBA and eventually ask for the review by the court. This Committee has the members recommended from the court, public prosecutor'ｓ office and academic institution. The report of the Committees is made through Toben Journal, periodical called Libra and other media from time to time.
　Although not Committees, there are some 14 study groups within Toben where the members specializing in certain field of law gather and jointly study that field of law. The fields of law currently covered are medical malpractice, corporation, family law, financial transaction, criminal defense, international business transaction, succession and wills, international trade law, bankruptcy, anti-monopoly, real estate law, law office management, intellectual property and law　concerning　internet. Toben provides legal consultation services to the public at its bar association building and other consultation centers located in Tokyo. Total number of consultation handled by Toben in 1999 fiscal year was 17,565 cases in which 470 cases were from foreigners in Japan. Unique and much appreciated activity is Annual Toben Human Rights Awards given not only to its members but also to the general public worth awarded.
　The three bar associations in Tokyo and JFBA jointly own a new 17 story building in the compound of judicial district of Kasumigaseki government area. It houses not only executive offices and secretariats but also Toben and Niben joint law library, Creo which is an auditorium, a number of committee rooms, consulatation rooms for use by Bengoshi, etc.

　　A new foreign legal consultant system was established in 1986 by the Special Measures Law Concerning the Handling of Legal Business by Foreign Lawyers ("Special Law"). The Special Law was amended in 1994, 1996 and 1998. The present Japanese system is regarded one of the most liberal systems in the world.

(1) RECIPROCITY
Under the Special Law, the home countries of foreign applicants were formerly required to have a system under which Japanese Bengoshi would be accepted. This reciprocity requirement was abolished in 1994 for all lawyers of WTO member countries as a result of the Uruguay Round of GATT.

(2) APPROVAL OF QUALIFICATION
In order to be qualified as a Gaikokuho-Jimu-Bengoshi (the official title, GJB, popularly called ”Gaiben”) under the Special Law, an applicant must receive approval from the Minister of Justice. The requirements of this approval are as follows:

a)	the applicant must be qualified as a lawyer in its home country;
b)	after obtaining qualification in its home country, the applicant must have engaged in the practice of law for 3 years or more (it is permitted to include up to 1 year of work experience as a trainee in Japan);
c)	the applicant must plan to engage in practice and perform its work faithfully, with a residence and financial basis to perform its services, and the ability to compensate for any damages caused to its clients; and
d)	the applicant was not adjudicated incompetent, bankrupt, or sanctioned by its home professional association, or found guilty for violation of law or regulations.

(3) REGISTRATION WITH JFBA
A Foreign Lawyer who has obtained approval from the Minister of Justice must request registration with JFBA, through the local bar association such as Toben that it intends to join as a special foreign member.

(4) SCOPE OF PRACTICE
A properly registered GJB is allowed to render legal services primarily concerning the law of the Country of Primary Qualification. Under certain conditions, GJB may be permitted to give advice on a third country law. Representation, however, before a court or other public agencies in Japan is not permitted to GJB. Further, with regard to matters of domestic relations or inheritance, in which a Japanese national is a party, GJB must perform legal services either jointly with a Bengoshi or upon receipt of a written opinion from a Bengoshi.

(5) REPRESENTATION IN INTERNATIONAL ARBITRATION PROCEEDINGS BY A FOREIGN LAWYER
A Foreign Lawyer, who is engaged in legal practice in a foreign country, may represent its client in its home jurisdiction in international arbitration in Japan， even if the laws of Japan are applicable. GJB is permitted to represent any clients in such international arbitration.

(6) INDICATION OF QUALIFICATION AND NAME OF OFFICE
GJB shall use the title of Gaikokuho-Jimu-Bengoshi, and add to that title the name of its home country. The office of GJB shall be called a "Gaikokuho-Jimu-Bengoshi Jimusho", which means "GJB office." Besides its own name, GJB is permitted to use the name of the law firm in its home country as its office name.

(7) PROHIBITION OF EMPLOYMENT OF BENGOSHI
GJB is not permitted to employ a Bengoshi.

(8) SPECIFIC JOINT ENTERPRISE (LOCAL PARTNERSHIP)
The Special Law is now amended to enable a GJB and a Bengoshi to form a specific joint enterprise (local partnership) aimed at profit-sharing from international matters including litigation in Japan.