Regulation for Shihoshoshi Lawyer

Strict confidentiality is imposed on every Shihoshoshi Lawyer to protect the contents of consultations with and request by a client.
The client is protected by many strict laws, Association Regulations and a Code of Ethics.
If a Shihoshoshi Lawyer violates those rules, severe punishments, such as the suspension of qualification are imposed.

The number of Shihoshoshi Lawyers in 2016 is about 22,000 across nation.
There is one Shihoshoshi Lawyer Association in each prefecture to supervise every Shihoshoshi Lawyer there.
A Shihoshoshi Lawyer belongs to the Shihoshoshi Lawyer Association in the prefecture where he or she has their own office.

For more information
Shihoshoshi Lawyer Akiko HORI

Legal Advice for Business in Japan

How to Buy a property in Japan

What is a Shihoshoshi Lawyer?

These are the national qualified professional, able to deal with company registration and real estate registration.

Registration of company involves many laws, such as the Companies Act, and real estate registration also involves many laws, such as the Civil Code.

The Shihoshoshi Lawyer is the national qualified lawyer specializing in those laws.

A Shihoshoshi Lawyer who is accredited to represent a client in summary court proceedings can be the client’s representative in a summary court.

For more information
Shihoshoshi Lawyer Akiko HORI

Legal Advice for Business in Japan

How to Buy a property in Japan

What is a Shihoshoshi Lawyer?

These are the national qualified professional, able to deal with company registration and real estate registration.

A Shihoshoshi Lawyer who is accredited to represent a client in summary court proceedings can be the client’s representative in a summary court.

There is also the Bengoshi lawyer, the national qualified lawyer in Japan who can be a representative in any court where the Shihoshoshi Lawyer cannot appear. The role of Bengoshi lawyer in Japan is mainly in the resolution and negotiation of legal disputes. The Shihoshoshi Lawyer can mainly deal with uncontentious legal procedures.

The Shihoshoshi Lawyer can also deal with uncontentious legal inheritance procedures but if there is a legal conflict between heirs, a Bengoshi lawyer will represent each heir.

Professionals for the real property registration system in Japan

In Japan, registered Land and Building Investigators and Shihoshosi lawyers are experts about real property registration system.

Shihoshosi lawyers are responsible for preparing documents related to the registration of real property rights, such as ownership transfer and mortgage.

Registered Land and Building Investigators are responsible for preparing documents necessary for the property description aspect of real property registration such as registration of new construction and subdivision the land.

Flowchart for registration
1. Cause of registration (purchasing real property, inheritance, etc.)
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2. Preparation for an application form
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3. Submission of application form
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4. Examination at the Legal Affairs Bureau
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5. The receipt of registration certificate and registration completion certificate

The history about Shiho-shoshi lawyer

Hello. I am Akiko Hori, a Shihoshoshi lawyer in Japan.
Thank you for reading this.

In Japan, when you consider legal advice, many people wonder who is the right lawyer to seek for advice. Even Japanese people get confused as there are different types of lawyer in Japan.

Bengoshi lawyer (Attorney)
Shiho-shoshi lawyer
Gyosei-shoshi Lawyer

Some lawyers say they are a Solicitor or Barrister in Japan but the Japanese professional system is unique and that is not correct to translate from Japanese lawyer directly to Solicitor or Barrister.

The scrivener (Shihoshoshi Lawyer) system was created by the Legal Structure of Jurisdictions Act (3.8.1872) alongside the legal representative (Bengoshi lawyer) and the notarial systems.
Originally a Scrivener particularly assisted people by drafting court documents.
After that, in enforcing the Registration Act (1.2.1887), a scrivener drew and represented clients in relation to registration documents appointed by the Court of Justice for property and a legal entity.
In comparison, a Gyosei-shoshi Lawyer files governmental licenses and permits.

Recently by the revised Judicial Scriveners Act,(1.4.2003), a Shihoshoshi lawyer who is accredited by the Minister of Justice can represent individuals or organisations in a civil case in a Summary Court.
To do so, a Shihoshoshi lawyer must pass the licensing examination.

The inheritance rule in Japan

Hello. I am Akiko Hori, a Shihoshoshi lawyer in Japan.
Thank you for reading this.

Already, four months have passed since I came back from London to Japan.
Time flies so quickly!
I still miss London a lot but I am coming to terms with my current situation and getting things into perspective.

Today I would like to talk about the Japanese Inheritance procedure.
Japanese law grants an automatic right of inheritance to the surviving partner and children.
An heir should either give an unconditional or qualified acceptance of the inheritance, or renounce their right of succession within three months. If he/she needs to extend the initial three month period, they can ask the family court for an extension of the period.

In most cases it is considered rather good news to inherit the asset of a deceased person. However, if the deceased was heavily indebted, it may be a different story.

If a legal surviving partner who has children renounces their inheritance, then these children will be next in line. If there are no children, then the parents of the deceased will be next in line. Moreover, if there are no children and parents, then the decedent’s brother or sister will be third in line.

Nowadays a lot of Japanese people go abroad for their life and work and the situation is getting complicated. The fact that a child whose parents are Japanese is born in outside of Japan and speaks only English may occur often. I already have the experience of helping those people legally and linguistically.

How to become a specialist Shihoshoshi lawyer

Hello. I am Akiko Hori, a Shihoshoshi lawyer in Japan.
Thank you for reading this.

Before I went to London, I did any type of legal work that a client asked me to do, Company registrations, Housing issues, Debt solutions or Pre-trial proceedings.
As I had no clients when I started my own office, that was the only way to survive and to retain my office.

Little by little, I built up connections with other Shihoshoshi lawyers and Bengoshi lawyers and with Accountants.
When I decided to follow my husband to London, it was heartbreaking for me to leave behind all my clients and work.

But at the same time, I thought it would be a great chance for me as it would be a great investment for the future if I could speak English fluently, so I decided to go to London.

Since then, I have always been thinking of my career and dearly wanted to specialise as a Shihoshoshi lawyer.

Historically, in Japan, the legal profession was divided.
The most important lawyers are Bengoshi lawyers or advocates, who can represent clients in any case.
A Shihoshoshi lawyer is authorized to represent their clients in real estate registrations, commercial registrations and the preparation of court documents. They may also appear for clients in summary courts and in arbitration and mediation proceedings.

However, the main field in which a Shihoshoshi lawyer was thought to be essential or especially useful was in that of property. Even some Bengoshi lawyers rely on a professional Shihoshoshi lawyer.
Our legal society provides a background for that and I want to be a reliable Shihoshoshi lawyer in the field of property.

When I returned to Tokyo, I went to see a senior colleague who is exactly that sort of professional Shihoshoshi lawyer and he kindly offered me a place in his legal practice.

If I am not busy with my own clients, I practice under his guidance. I have already learnt a lot.
I have learnt about trust registrations, Private Finance Initiative cases, registrations of moveable property transactions and complex property transactions.

Now it is a small step for me but also a great stepping stone to the future.

My conventional work experience and future outlook

Hello. I am Akiko Hori, a Shihoshoshi lawyer in Japan.
Thank you for reading this.

Before I went to London, I had been also self-employed.

I prepared the documents needed to register the setting up of small businesses, submitted the applications to the Legal Affairs Bureau, and helped the owners to set up a company that meets their requirements as closely as possible. I also provided advice about legal matters related to company operations.

I handled procedures for the purchase and inheritance of land and building assets and the registration of mortgages and leases over them.

I represented people who were struggling with multiple debts not exceeding ¥1.4 million (about￡1,000) owed to credit companies in the Summary Court, and negotiated an out-of-court settlement.
I managed the pre-trial proceedings relating to compensation, loan agreements, consumer protection, labor and poverty issues including the collection of evidence, introducing the action, and initiating the appeal procedure to the Summary Court.

I prepared written complaints and replies, petitions for arbitration, and other judicial documents.
I also prepared documents for procedures related to divorce and other family disputes as well as the preservation or seizure of assets.

I wrote two books about the trust system (Publisher: Shin-nihon houki (Mar 2009)). and procedures of Commercial Registration Act (Publisher: Shin-nihon houki (May 2010)).
http://www.sn-hoki.co.jp/shop/product/book/detail_50713_1_74.html?hb=1

Now I am back to Tokyo, Japan and became self-employed again but at this time, I want to be a more specialist of property and commercial law. I started my legal practice and will establish it.

The study module to be a Shiho-Shoshi lawyer

The Shiho-Shoshi lawyer examination requires the knowledge of eleven Japanese law codes or statutes, the four principal ones being the Civil Code.

Constitutional law
Civil Law
Criminal Law
Code of Civil Procedure
Civil Provisional Remedies Act
Civil Execution Act
Deposit Act
the Real Property Registration Act
the Commercial Code (Companies Act)
the Commercial Registration Act
the Judicial Scriveners Act

The examination includes two written tests, and one oral test.

What is Shiho-Shoshi?

The term “Shiho-Shoshi” is sometimes translated as Judicial Scrivenerand roughly equates to solicitor or notary public, as opposed to “bengoshi” meaning advocate or barrister.  

A Shiho-Shoshi lawyer is authorized to represent their clients in real estate registrations, commercial registrations, preparation of court documents and filings with legal affairs bureaus, or in negotiating out-of-court settlements.

The Shiho-Shoshi lawyer may also represents clients in summary courts, arbitration and mediation proceedings but not in the superior courts.

 

Someone wishing to become a Shiho-Shoshi lawyer needs to pass a qualifying exam, and only about 3% of those who sat the test pass annually. I passed the Shiho-Shoshi lawyer exam administered by the Ministry of Justice in 2006.