Improvements to how foreign lawyers register in Japan

Despite being a relatively open jurisdiction, Japan has a lengthy process to register foreign lawyers, which creates challenges for both international law firms and solicitors.

This is also considered to be a primary reason for the low number of registered foreign lawyers currently practising in Japan. As of April 2021, there were only 448 registered foreign lawyers.

Over the past few years, we have worked closely with the British Embassy in Tokyo, the UK’s Ministry of Justice and the Department for Business and Trade to identify ways to streamline the registration process and make it easier for firms to access Japan’s legal services market, which was valued at over $5 billion in 2023.

What are the changes?

On Wednesday 31 July, the Japanese Ministry of Justice (JMoJ) introduced two measures to streamline the process by which foreign lawyers register in Japan.

These changes will:

• reduce the number of documents law firms must submit on behalf of applicants
• make it easier for foreign lawyers previously registered in Japan to reapply

The measures apply to law firms and those who previously practised as foreign lawyers in Japan.

For law firms

The employer-related documents law firms must submit for multiple applicants have been simplified.

Law firms can now reuse certain documents, as long as these are up to date. These cover:

• documents verifying that the applicant intends to perform their duties properly and reliably, including:
  • a document that outlines the business of the employer’s office
  • a copy of the employer’s office lease agreement
  • a document verifying that the employer supports and supervises the applicant to perform their duties
• documents verifying financial basis for performing duties, including:
  • a written guarantee that the employer will support the applicant’s stay in Japan
  • the employer’s most recent financial audit report
• documents verifying the ability to compensate for damages, including:
  • a document with information on the employer’s liability insurance
  • a written guarantee on the law firm’s liabilities for damages

Previously, law firms had to repeatedly source and submit these documents each time a foreign lawyer would register.

Law firms will now need to submit the “petition for reuse of employer-related documents”.

In this petition, firms can provide the document reference number for the application that included the approved documents, as well as an annex with the list of documents.

For previously registered foreign lawyers

If you previously practised in Japan as a foreign lawyer and are re-applying, you will no longer need to source letters from former employers to verify your work experience.

Instead, you may now submit the “statement of past registered foreign lawyer approvals and registration” that provides details of your past approval.

This will make it easier for foreign lawyers in Japan to take up secondments in other global offices and re-register upon returning to Japan.

What does this mean for you?

Whether you’re looking to practise in Japan as a foreign lawyer or if you’re working on behalf of a firm to register new applicants, the process of registering has become slightly easier.

The changes apply to foreign lawyers registering to join foreign law firms, Japanese law firms or private companies in-house.

Applications for preliminary applications filed before Wednesday 31 July 2024 are not subject to these changes.

These changes have not yet been adopted by the Japanese Federation of Bar Associations and apply only to applications filed with the JMoJ.

Law Society president Nick Emmerson said: "these changes to streamline the registration process will help to save time and money for both law firms and foreign lawyers in Japan."

"They are a positive reflection of the Japanese government’s broader desire to attract more foreign direct investment and highly-skilled talent to its domestic market. This helps both foreign and Japanese firms hire foreign lawyers.

"This is a positive step in streamlining the registration process for foreign lawyers in Japan."