The Attorneys Law establishes the following as principle of lawyer autonomy.
In order to become an attorney (bengoshi), a qualified person must be admitted to membership in one of the local bar associations and have his/her name registered on the roll of attorneys maintained by Nichibenren. It is mandatory, under the Attorneys Law, for all attorneys to become members of their respective local bar association. No other license or authorization from any governmental agency or the judiciary is required.
Toben is, like other local bar associations and Nichibenren, a statutory organization established under the Attorneys Law. It is a self-regulated, independent organization, free from the supervision or influence of any governmental organizations, including the Diet, the Supreme Court or the Cabinet. It is empowered to enact its own regulations, within the limits prescribed by the Attorneys Law and the regulations of Nichibenren, without review or sanction by any outside agencies, and assumes full responsibility for its actions and opinions. Guidance and supervision of attorneys is conducted by the local bar associations and Nichibenren, and discipline on attorneys is also imposed by the local bar associations and Nichibenren.
As such, attorneys in Japan enjoy complete autonomy.
Lawyer autonomy contributes to and promotes the realization of justice and the protection of human rights which the Attorneys Law establishes as the ultimate goals for attorneys.
Those who desire to practice law in the Metropolitan Tokyo area must be admitted to membership in one of the three local bar associations, the Dai-Ichi Tokyo Bar Association, the Dai-ni Tokyo Bar Association or Toben.
