Japanese Law Schools: “A Glass Half Full”

Abstract

In 2001, the Judicial System Reform Council (JSRC) issued Recommendations aimed at radically overhauling virtually every aspect of the justice system in Japan. The JSRC Recommendations were based on the belief that the old system of training and admitting lawyers to the bar was not up to meeting the challenges faced by Japan at the opening of the 21st century. Among other things, the Recommendations called for the establishment of a nationwide post-graduate professional law school system capable of increasing both the number and the quality of legal professionals. With respect to the number of lawyers, the law school system was expected to produce 3,000 new lawyers a year by 2010, with an approximate pass rate on the national bar of 80%. Quality was to be achieved by adopting an inter-active “two way street” style of education in small class settings taught by academics, judges, prosecutors and practicing attorneys.

The Recommendations created unrealistically high expectations for the law school system. Politically powerful institutional stakeholders such as the Supreme Court, the Ministry of Justice and the Japanese Federation of Bar Associations (Nichibenren) took protectionist steps to reduce the quota on successful candidates. The most recent bar exam saw 2,074 people pass for a passing rate of only slightly more than 25%. This has had a detrimental impact on the law school experience and has led many critics to question the continuing viability of the law school system.

This article acknowledges the flaws in the system largely created by the quota on successful bar passers, but argues that we should not lose sight of the many accomplishments already realized by the law schools. The passing rate is lower than the expected 80% but still substantially higher than the 2~3% under the old bar exam system. More importantly, law schools have changed the way that law is taught in Japan resulting in direct benefits to faculty and students alike. While not perfect, the system is sound and represents definite improvement on the quality and quantity of lawyers in Japan. Recognizing the important successes of the law school system will better inform those who seek to make adjustments over the coming years.