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THE SPECIAL MEASURES LAW CONCERNING
THE HANDLING OF LEGAL BUSINESS BY FOREIGN LAWYERS
(The Foreign Lawyers Law)

Chapter IV. Registration, Practice and Supervision of a Gaikokuho-Jimu-Bengoshi

Section 4. Discipline of a Gaikokuho-Jimu-Bengoshi
Sub-Section 1. Disciplinary Action

(Grounds for disciplinary action and the organ empowered to take disciplinary action)
Article 51.
  1. A gaikokuho-jimu-bengoshi shall be subject to disciplinary action in cases where he or she violates this Law or any of the provisions pertaining to a gaikokuho-jimu-bengoshi set forth in the regulations of the bar association to which he or she belongs or of the Japan Federation of Bar Associations, or damages the order or reputation of the bar association to which he or she belongs or of the Japan Federation of Bar Associations, or misbehaves himself or herself in a manner impairing the dignity of a gaikokuho-jimu-bengoshi, whether in the conduct of his or her business or not.
  2. Disciplinary action shall be taken by the Japan Federation of Bar Associations, based on the decision of the Gaikokuho-Jimu-Bengoshi Disciplinary Actions Committee.
(Kinds of disciplinary action)
Article 52. There shall be four kinds of disciplinary action as follows:
  • (1) reprimand
  • (2) suspension of practice for not more than two years
  • (3) order to secede from the bar association
  • (4) disbarment
(Requests for disciplinary action, investigation and examination)
Article 53.
  1. Any person who believes that there are grounds for disciplining a gaikokuho-jimu-bengoshi may make a request for disciplinary action to the Japan Federation of Bar Associations through the bar association to which the said gaikokuho-jimu-bengoshi belongs, attaching thereto an explanation of such grounds.
  2. In cases where a bar association believes that there are grounds for disciplining a gaikokuho-jimu-bengoshi who belongs to it or where there has been a request under the preceding paragraph, it may cause its discipline maintenance committee established under the provisions of Paragraph 1 of Article 70 of the Bengoshi Law to make an investigation. If, in this case, the discipline maintenance committee deems it appropriate to discipline the gaikokuho-jimu-bengoshi, the bar association shall make a request for disciplinary action to the Japan Federation of Bar Associations, attaching thereto the results of the investigation made by the committee and its opinions.
  3. In cases where the Japan Federation of Bar Associations believes that there are grounds for disciplining a gaikokuho-jimu-bengoshi or where it has received a request under Paragraph 1, it shall cause the Gaikokuho-Jimu-Bengoshi Discipline Maintenance Committee to make an investigation of the matter. However, this need not apply in cases where investigation is being made under the preceding paragraph as regards the same ground.
  4. The Japan Federation of Bar Associations shall, when the Gaikokuho-Jimu-Bengoshi Discipline Maintenance Committee has found after the investigation under the preceding paragraph that it would be appropriate to discipline a gaikokuho-jimu-bengoshi or when the request under Paragraph 2 has been made, refer the matter to the Gaikokuho-Jimu-Bengoshi Disciplinary Actions Committee for its examination.
  5. In cases where the Japan Federation of Bar Associations disciplines a gaikokuho-jimu-bengoshi who is the object of the request under Paragraph 1 or 2 or where it has decided not to discipline the gaikokuho-jimu-bengoshi, it shall notify the person who has made the request under Paragraph 1 or the bar association which has made the request under Paragraph 2 to that effect.
  6. The provisions of Paragraph 1 of Articles 55 of the Bengoshi Law shall apply mutatis mutandis to the procedure of investigation made under Paragraphs 2 and 3.
(Application mutatis mutandis of the Bengoshi Law)
Article 54. The provisions of Article 63 of the Bengoshi Law shall apply mutatis mutandis to a gaikokuho-jimu-bengoshi who has been subject to disciplinary action and the provisions of Article 64 of the same Law, to the procedure for disciplining a gaikokuho-jimu-bengoshi.