World Library  
Flag as Inappropriate
Email this Article

Judicial scrivener

Article Id: WHEBN0005584484
Reproduction Date:

Title: Judicial scrivener  
Author: World Heritage Encyclopedia
Language: English
Subject: Scrivener, Administrative scrivener, Japanese law, Paralegal, Law of Japan
Collection: Japanese Law, Region-Specific Legal Occupations
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Judicial scrivener

Judicial scrivener is a legal profession in Japan and South Korea. Judicial scriveners assist clients in commercial and real estate registration procedures and in the preparation of documents for litigation.

Contents

  • Japan 1
    • History 1.1
  • South Korea 2
  • See also 3
  • References 4
  • External links 5

Japan

In Japan, judicial scriveners (司法書士 shihō shoshi) are authorized to represent their clients in real estate registrations, commercial registrations (e.g. the incorporation of companies), preparation of court documents and filings with legal affairs bureaus. Judicial scriveners may also represent clients in summary courts, arbitration and mediation proceedings, but are not allowed to represent clients in district courts or more advanced stages of litigation.

Judicial scriveners must pass an examination administered by the Ministry of Justice. The examination tests knowledge of twelve Japanese statutes, the four principal ones being the Civil Code, Real Estate Registration Act, Commercial Code and Commercial Registration Act. (The Corporations Act was added to the examination in 2006.) The examination consists of two written tests followed by one oral test; the overall pass rate is 2.8%. A person may also become qualified as a judicial scrivener by working for ten years as a court secretary, judicial secretary, or prosecutor's secretary.

Judicial scriveners must maintain a membership in the judicial scrivener association (司法書士会 shihō shoshi kai) for the prefecture in which they work. They can be found in solo practice or attached to law firms as employees of attorneys at law.

History

When Japan adopted a Western-style court system in 1872, it established a profession of daishonin (代書人) to represent clients in the preparation of documents, alongside the daigennnin (代言人) who represented clients in courtroom arguments (this latter profession became known as Attorneys at law (弁護士 bengoshi) in 1890). A 1919 statute established a separate tier of shihō daishonin (司法代書人) to handle court documents. The modern shihō shoshi title was adopted under a revised statute in 1935, which was superseded by a new law in 1950.[1] The other half of the daishonin profession was replaced by the administrative scrivener profession.[2]

South Korea

South Korea has a similar legal profession known as beopmusa (Hangul: 법무사, Hanja: 法務士).

See also

References

  1. ^ "司法書士の歴史". Japan Federation of Shiho-Shoshi Lawyer's Associations. Retrieved 16 July 2013. 
  2. ^ "司法書士制度、行政書士制度 の歴史と現在". さがみ法務事務所. Retrieved 16 July 2013. 

External links

  • Japan Federation of Shiho-Shoshi Lawyers' Associations
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 


Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.