Getting to 外弁, or “So you want to be a lawyer in Japan.”

This post is aimed at clearing up what it really means to “practice law in Japan,” if you’re not Japanese. Being a foreigner turned Japanese lawyer, without a doubt, conjures up the image of being a truly accomplished bad-ass. There’s a reason for that: being a Japanese lawyer even as a Japanese citizen is insanely difficult. For a foreigner, even more so. Saying “I want to be a Japanese lawyer,” is something akin to that ugly kid in your 3rd grade classroom saying, “I want to be President of the United States”: in theory, it’s possible. But only in theory. In today’s world, ugly people just don’t get to be President.

A man with Chester A. Arthur’s looks would be a prime candidate for those who think their rent is too damn high.

While in theory, a foreigner can reach the level of proficiency and academic aptitude to become a Japanese lawyer practicing Japanese law, the education and licensing requirements represent a practically insurmountable barrier to entry. Currently, there are 30,479 Japanese lawyers (弁護士) registered with a Japanese Bar Association. For purposes of contrast, there are 30,000 lawyers in the U.S. state of Missouri alone. There is a special term for foreigners who actually reach the equivalent status of Japanese lawyer, called Junkaiin (準会員). While you might think this sort of special designation sounds promising, the ability to reach this status was abolished in 1955, so unless you have a flux capacitor and a healthy stash of plutonium, your odds at qualifying as Junkaiin are not great. Currently there is still one Junkaiin in practice.

That 30,000 Bengoshi population figure represents Japanese who have received a Japanese law degree and have successfully passed the Japanese Bar Exam. And we haven’t even talked about the Bar Exam yet. The good news is that the passage rate for the Japanese Bar Exam has increased dramatically since 2006. The bad news is that the odds are still stacked significantly against the test-taker. Even if you’re from a prime Japanese law school, you have no better than 2:1 odds of passing. While this is still better than the 1-4% that passed the test pre-2006, it’s a long way to go, and a long time spent, to only *maybe* become a real J-lawyer.

NOTE: Those who fail the Bar can still become a judicial scrivener, which is similar to Bengoshi, involves the same amount of office work, but significantly reduced courtroom work, and certainly less prestige.

Going for 外弁

What the vast number of foreign lawyers in Japan do, rather than attempt the impossible hurdles of becoming a Japanese lawyer is to procure (1) a Gaiben license (外国法事務弁護士) ; or (2) affiliate with a licensed multinational firm (弁護士法人).

The Gaiben License

Becoming an official Gaiben is a rather long road to hoe, but it’s the closest you’ll get to being an independent attorney in Japan – if that’s your goal.

The main difficulty in getting your Gaiben license is the requirement of prior practice – the Japanese government prefers you work several (I believe four) years in your home jurisdiction before you can be eligible. A few quotes from attorneys and recruiters I’ve talked to flesh this out further.

From a recruiter I spoke with last year:

Another point to keep in mind is the strict enforcement of making sure foreign lawyers in Japan have the gaikokuho jimu bengoshi license (gaiben). In order to qualify for this license a lawyer must have spent a couple of years working in their home jurisdiction. Law firms over here are reluctant to hire junior lawyers who are not eligible for their gaiben qualification. If you would like to work as a lawyer in Japan I would suggest you spend a few years working first in your home jurisdiction and then explore your options after that. I believe this approach will present you with the most options.

From an attorney who practiced in-house in Tokyo before attempting to make the jump to Gaiben:

You may be familiar with the 外国法事務弁護士 license (the “gaiben”). At least today, if you have not practiced a certain number of years in your home jurisdiction, then you cannot qualify to be a gaiben. Essentially, that means that you cannot form a partnership with a Japan licensed lawyer, and you cannot hold yourself out in Japan as a legal professional.

…

When I graduated from law school, I was happy to be getting a job, and didn’t really think that I would want to ever be a gaiben. I went directly in house.  I don’t regret my decision, but I often caution people like you to think very carefully about the decision.  Worst case scenario, … you might realize that the bureacracy of the company isn’t for you, that you have hit a glass ceiling and are doing too much translation for your own tastes, that you want to broaden your skills, that you want to go back to the US and see your aged parents, it *might* be difficult to do this if your experience is solely in-house … in Japan. One reason why I have stayed in the US as long as I have this time around is to get enough time here to be certain to qualify as a gaiben when I go back.

If you’re looking solely to practice in-house, you may not need the Gaiben license, but practicing in-house can ultimately hinder your progress towards Gaiben if you choose to go that way:

On the other hand, if you want a career in Japanese legal departments, say, or in business generally, you probably won’t need to become a gaiben. (I haven’t checked, but logically you shouldn’t, since most corporate law dept. folks aren’t bengoshi.) Also, I know things are tough for law grads now, so any job opportunity that you get that excites you is a welcome thing.

And BTW, MoJ prefers law firm practice — they wanted me to exclude my in-house practice from my application. Though maybe that was due less to MoJ’s own preference than to their fears about what the Nichibenren might say.

And, of course, even if you qualify for Gaiben, there is still bureaucratic lead time and the significant expenses of maintaining a US state bar license and Gaiben license to consider — another obstacle to any young lawyer graduating with law school debt.

Affiliate with BigLaw

This is the other option: but it is conditional on you (1) doing well enough in law school to be an attractive candidate; (2) demonstrating a commitment to Japan. The first is a matter only you can affect, and given law school grading curves and a tight market, there is a significant “luck” factor at work here. The second you can affect by simply being there, either at your own expense, or at a Law School Study Abroad program in Japan.

Indeed, one of the successful candidates who took this route I know combined his JD with a masters degree in Japanese (with focus on Japanese law). The additional masters degree was a solidly smart move: it gave him an “extra” 2L summer — in other words a second shot at the big firm summer associate recruiters, and enough time to take a semester in Tokyo, which helped him land a summer associate position IN Tokyo. This transformed into an actual job opportunity. Your mileage, of course, may vary.

Epilogue

Of course, Japan is in a state of legal reform, and this situation may change at some point. But anyone who has worked with Japan knows that change can come slow, and for now, if you want to independently practice law in Japan, you’ll need to get to Gaiben first.