Sorimachi:
Extraordinary prolongation of trial procedures is a most
serious issue today.
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Yasuoka:
It is true. While some progress has been made, individual
appeal cases often take over five, ten years. And, as it has been pointed
out, some very crucial cases and those which are complicated or expertise
oriented have demonstrated an tendency to become more and more delayed. I
assume that we could work out someway of managing these more wisely. We
could gather crucial materials and information in advance and conduct a
preliminary review with relevant witness deposition. Or, highly technical
matters may be left to expert team assisted by a sufficient number of
staff.
Sorimachi:
It may be helpful to improve functions with extra court
legal services or some other conflict resolution approaches.
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Yasuoka:
Organizing 'mediation centers' served by standing
lawyers, who could improvise summary rulings, might be one way. This is a
system highly dependent on the traditional Japanese way of resolving
conflicts through informal discussion - the traditional 'spirit of
harmony.' After lodging a complaint, the matter may be left to the
mediators.
Sorimachi:
What do you think about increasing number of lawyers as a
direct solution to speeding up trials?
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Yasuoka:
The question is not simply a matter of numbers, but of
quality as well. We must be able develop quality legal education to meet
the growing demand for lawyers by our society.
Sorimachi:
Legal education is one of the Council's discussion
items. Mr. Yanagida, an attorney, advocates establishing new type of law
school. Do you have particular suggestions for legal education for lawyers?
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Yasuoka:
I would like to listen to views of many people, but if I
may, I would say students should first become generalists
with deep insights and analytical abilities, and then follow with legal
studies, somewhat in the American way. I feel that they must first be
trained in theoretical thinking, and then they can gain professional legal
knowledge as an extension on top of this.
Sorimachi:
Council Chairman Koji Sato points out this issue as one
of the most urgent. In the final report of the Council, two years from now,
do you have any idea what the proposed number of lawyers per year to be
licensed will be?
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Yasuoka:
Next year, the number will be one thousand. We must see
how well we can provide training programs for them and how well accepted
they are into the system, which should be basis for considering the next
year's number. At any rate, the number must be reached through serious
deliberation of the judicial reform process itself, forming the new
framework of the system, which may dictate a certain practical figure.
Sorimachi:
Do you feel that number will go beyond, to 1500 perhaps?
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Yasuoka:
Mr Yanagida entertains the figure 3000 at fifteen
schools. I don't have a specific figure at this time, but I would like to
see proposals with numerical suggestions for our deliberation. There is no
question one thousand is far from sufficient.
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