Attorney at foreign law

are lawyers from foreign countries licensed to practice law in Japan.

Qualification

Before becoming a gaiben, a lawyer must:

* be admitted to the bar in a foreign jurisdiction,
* have at least three years of experience practicing law in that jurisdiction (one year of which may be spent working in Japan), and
* show that reciprocity exists with their home jurisdiction—"i.e.", that a Japanese attorney could become similarly qualified to practice there (this condition is waived for lawyers admitted in WTO member states).

A 13-member screening committee of the Japan Federation of Bar Associations reviews each application, a process which usually takes several months. Upon approval, the lawyer's official title becomes "Attorney at Foreign Law for " [state] "," with their home jurisdiction filled in.

Occupation

By law, gaiben can only give advice pertaining to the law of their home jurisdiction, and cannot draft legal documents or represent Japanese clients in intrastate matters or probate matters without the assistance of a qualified Bengoshi (attorney at law). Gaiben are also prohibited from representing clients in courtroom litigation, although they may represent clients in private arbitration. As a result, gaiben are generally involved in intermediating between foreign clients and Japanese lawyers, intermediating between foreign and Japanese clients, or assisting Japanese clients with foreign legal matters.

While many foreign lawyers work in Japan without being admitted as attorneys at foreign law, there are several legal benefits to qualifying as a gaiben:

* Gaiben may open their own nihongo|offices|外国法事務弁護士事務所|gaikokuhō jimu bengoshi jimusho|sometimes abbreviated "GJBJ".
* Gaiben may become partners in Japanese law firms. Gaiben offices may also enter joint ventures with Japanese law firms; several major U.S. and British law firms have structured their Tokyo operations in this manner, most notably Baker & McKenzie and White & Case.
* Gaiben may enter Japan on special "attorney" visas, which permit them to sponsor the visas of others. Non-gaiben attorneys must enter Japan as general professionals sponsored by a law firm or company.

The main drawback to qualifying as a gaiben is that gaiben must have membership in a bar association, which often costs over ¥50,000 per month.

As of April 1, 2005, there were 236 gaiben registered in Japan. [http://www.nichibenren.or.jp/en/about/index.html] As of 2000, the main jurisdictions of admission for gaiben were New York (27%), California (18%), England and Wales (14%) and Hawaii (7%). [http://www.toben.or.jp/english/english_welcome.html]

External links

* [http://www.moj.go.jp/ENGLISH/information/gjb-01.html Gaikokuho-Jimu-Bengoshi] (Ministry of Justice)
* [http://www.nichibenren.or.jp/en/about/gaiben_info.html Information for Gaikokuho-Jimu-Bengoshi] (Japan Federation of Bar Associations)