Aichi Bar Association is an organization engaged in services for protecting fundamental human rights and the realization of social justice. It is comprised of local and foreign attorneys as well as legal professional corporations based in Aichi. Aichi Bar Association has a head office in Nagoya, and also has four branches in Ichinomiya, Handa, Nishi-Mikawa, and Higashi-Mikawa. Each branch has community-based Legal Counseling Centers to meet the legal needs of all people living in Aichi. Aichi Bar Association also promotes interaction with international legal communities. Aichi Bar Association has held annual conferences with Gwanqiu Bar Association (South Korea) for many years, and entered into an official friendship agreement in 2017. Our members also make continuous visits to Southeast Asia, South America and other regions for the purpose of interacting with local legal communities.
About Bar Associations
Attorneys, registered foreign lawyers, and legal profession corporations are required to join JFBA (Japan Federation of Bar Association) and a local bar association in the area where an attorney/registered foreign lawyer/legal profession corporation has an office.
Bar associations are independent organizations which are free from government supervision. Bar associations have an authority to regulate the admission of attorneys to practice in that area, establish rules, and make disciplinary actions against attorneys and legal profession corporations.
As attorney-client communication is confidential, the information that an attorney hears from their client is not notified to the government unless the consent of the client is obtained.
Committee
Aichi Bar Association has established various committees, which each actively work towards achieving a purpose, such as: protecting fundamental human rights, solving problems in criminal justice, promoting international human rights, and disaster reconstruction.
The following are brief introductions to some of the committees.
Human Rights Protection Committee
This committee conducts investigation, research and other activities in order to seek solutions for various problems surrounding socially vulnerable people, patients in hospitals, and foreigners living in Japan. In addition, in the case that a person may file a petition for human rights relief, this committee conducts investigations to the related facts on behalf of Aichi Bar Association, and if necessary, issues a recommendation or request to the institution which infringed human rights. As a growing number of international people reside in Japan, this committee is also actively engaged in issues related to immigration, foreign labor, and international family matters.
Criminal Defense Committee
The role of attorney is to fight for appropriate criminal justice while protecting the right of the arrested or prosecuted. This committee is actively engaged in discussing and suggesting criminal justice reform for betterment of the criminal justice system. This committee is also engaged in activities for protecting the rights of international people who are arrested or prosecuted, via researching and examining appropriate criminal defense strategies.
Consumer Affairs Committee
This committee aims to protect consumers from damage by fraudulent consumer-targeted businesses, such as pyramid schemes, fraudulent commodity futures trading, and illegal money lending, as well as consumer related problems like defective products. This committee is engaged in examining cases in which consumers are victimized, working to prevent damage to the consumer and provide redress for victimized consumers.
Children's Rights Committee
This committee provides free legal consultation on matters related to Children's Rights such as bullying, corporal punishment, abuse, delinquency, and unregistered child issues. This committee's purpose is based on the belief of protecting children's human rights and values by looking at the issue from the child's perspective. Additional focus is on enhancing the conduct of the attendant system for juvenile offenders and conservator system for children. As multiculturalism increases due to globalization, this committee actively works to solve problems surrounding children who have foreign roots.
International Committee
This committee has regulatory visits with judicial organizations and bar associations overseas, such as South East Asian countries, with the aim of promoting and facilitating international exchange between legal communities. This committee also organizes a wide variety of seminars on international legal issues, like joint seminars with foreign lawyers, as well as seminars about foreign laws for our members. This committee also promotes interactive dialogue with international students studying in Aichi-based universities and offering externship opportunities in Japanese law firms.
Aichi Bar Association has established various legal consultation centers in Aichi Prefecture (Nagoya, Ichinomiya, Inuyama, Tsushima-Ama, Handa, Nishio-Hazu, Toyota, Okazaki, Shinshiro, Toyohashi, Sannomaru) to respond to an array of legal consultation needs. For those who do not have sufficient financial resources, a legal support consultation service is provided by Houterasu (Japan Legal Support Center) (Please see below).
* In principle, you need to make a reservation in advance for legal consultation. If you would like to reserve a consultation, please contact the following number first. The Legal Consultation Center is only available in Japanese. If you are not confident communicating in Japanese, please prepare an interpreter by yourself. TEL:0570-783-110 (You will be connected to the nearest legal consultation center.) https://www.aiben.jp/soudan/regional/ (Japanese text)
* The following legal consultation services are specialized for international people. Some legal consultation services are conducted by organizations other than the Aichi Bar Association, but in all cases, members of the Aichi Bar Association are entrusted by their respective organizations to provide legal consultation services.
Nagoya Legal Consultation Center <foreign counseling line>
At the Nagoya Legal Consultation Center, operated by the Aichi Bar Association, legal consultation services are provided by lawyers specializing in legal issues faced by international people, such as international family affairs and residence procedures. https://www.aiben.jp/soudan/soudannaiyou/gaikokujin/index.html (Japanese text)
Counseling for international people provided by Houterasu Aichi
At Houterasu Aichi, legal consultation services on civil affairs are provided to international people with a resident status. For details, please contact Hoterasu Aichi. https://www.houterasu.or.jp/site/chihoujimusho-aichi/1058.html (External Link)
Legal Assistance in Criminal and Juvenile Case
Aichi Bar Association provides legal services for juvenile suspects and the accused who committed crimes through the "Duty Attorney" system and "Court Appointed Defense Counsel" system.
"Duty Attorney" System
"Duty Attorney" is the system in which an attorney meets the suspect and the accused only once without any legal fees. Such attorneys meet them without an investigator in order to answer their questions and to explain the following procedures and their rights.
Family of the suspect and the accused may ask for a Duty Attorney for free. In which case, the family is requested to call the Bar Association where they were arrested in order for the Bar Association to dispatch a Duty Attorney. In the case the suspect or the accused ask for a Duty Attorney, they are requested to notify investigators in such manner as: "I would like to ask for a Duty Attorney."
After that, they have an opportunity to meet the Duty Attorney via a Bar Association.
"Court Appointed Defense Counsel" System
"Court Appointed Defense Counsel" is appointed when the Court chooses a defense counsel based on the request of the accused (the person prosecuted in a criminal case) or the suspect (the person detained in the criminal case) or according to provisions of law when the accused/suspect is unable to ask for an attorney due to reasons such as poverty.
The Court Appointed Defense Counsel System before prosecution applies only to the case in which the suspect is being detained. After prosecution, the Court Appointed Defense Counsel System applies to all cases without limitation.
Juvenile Case
In Juvenile cases, meaning the suspect/accused is legally underage, the procedure is different from an adult criminal case. All juvenile cases are referred to and treated by Family Court, which usually decides the outcome in terms of penalties, imprisonment, suspensions, as such.
Upon detention until referral to Family Court, juveniles may use the Court Appointed Defense Counsel System, much like an adult. Such attorneys, appointed by the juvenile's request or Court, legally assist the juvenile as their defense counsel. The National Government of Japan bears the cost. A juvenile may also make use of the Court Appointed Attendant system in certain cases after the referral to Family Court.
In the case a non-Japanese-speaking person makes use of the "Duty Attorney" System and "Court Appointed Defense Counsel" System, an interpreter can be provided for certain languages (based on the Bar Association's interpreter availability).
Relevant Institution
"Houterasu" (Japan Legal Support Center)
"Houterasu", the Japan Legal Support Center, is a national institution which operates the Court Appointed Defense Counsel System, and provides necessary information and services to solve legal issues, legal-aid, and support for criminal victims. The Center provides multilingual information on Japanese law. It also provides complimentary legal consultation for residential-status international people in financial predicament who have their domiciles in Japan. https://www.houterasu.or.jp/site/foreign-nationals/ (External Link)
Mediation Center
Arbitration and Mediation Center
ADR (Alternative Dispute Resolution) is a procedure in which neutral mediators facilitate discussion between opposing parties. Settlement proposals are suggested when the parties cannot discuss amicably, but it is not cost-effective nor time-effective in filing a case to the court. Aichi Bar Association has established the following ADR centers.
ADR procedure by Aichi Bar Association Dispute Resolution Center handles cases in Japanese and English. Other centers handle cases only in Japanese. If you cannot communicate in Japanese, please prepare an interpreter to accompany you.
Aichi Bar Association Dispute Resolution Center
Aichi Bar Association Dispute Resolution Center provides dispute resolution services by mediators selected from experienced lawyers or experts in each field. In the mediation process, the mediators propose possible resolutions which both parties will accept from the perspective of the neutral third party.
If the settlement in the mediation is difficult, Aichi Bar Association Dispute Resolution Center provides "Arbitration" initiated by experienced lawyers and experts in each field. In an Arbitration procedure, arbitrators make a decision after hearing both parties' claims and explanations. All legal issues are accepted, such as: family disputes, neighbor disputes, labor issues, and medical malpractice.
Contact the Aichi Bar Association Dispute Resolution Center TEL:052-203-1777
Traffic Accident Consultation Center (Public Interest Incorporated Foundation established by Japan Federation of Bar Association)
Traffic Accident Consultation Center is a dispute resolution center regarding traffic accident damage claims. Please refer to the Traffic Accident Consultation Center for more information. https://n-tacc.or.jp/ (External Link - Japanese text)
International Family Mediation
The Hague Convention on the Civil Aspects of International Child Abduction ("Hague Convention") has been effective in Japan since April 1, 2014. Aichi Bar Association Dispute Resolution Center provides mediation services regarding Hague Convention cases. Mediation for Hague Convention cases promotes voluntary settlement through discussion between parties who received Ministry of Foreign Affairs (Japan) approval to support the case based on the Hague Convention.
A male and female attorney will generally preside over a mediation for a Hague Convention case to avoid gender bias. Japanese or English (or another language, if mediators accept) will be used in the mediation for a Hague Convention case. If a party resides abroad and cannot attend the mediation in person, the mediation will proceed via an internet meeting system, such as Zoom or Skype with mediators' approval.
Basic mediation costs, such as the application fee, resolution fee, interpreter or translation fee for Hague Convention cases will be covered by the Ministry of Foreign Affairs.
Aichi Bar Association Dispute Resolution Center provides co-mediation with mediators belonging to overseas ADR organizations. We are now cooperating with the following organizations.
Ministry of Foreign Affairs support parties involved in Hague Convention cases. Please refer to its website for details. (English available) https://www.mofa.go.jp/fp/hr_ha/page22e_000249.html (External Link)
Contact the Aichi Bar Association Dispute Resolution Center TEL:052-203-1777