TY - JOUR
T1 - Evaluating the effectiveness of the lawyer disciplinary system in Japan
T2 - a study on “repeaters”
AU - Chan, Kay Wah
PY - 2021
Y1 - 2021
N2 - A lawyer regulatory system will usually include a mechanism to discipline lawyers who have committed misconduct. Such mechanism may have different objective(s) and function(s), which may vary from jurisdictions to jurisdictions. The Japanese system seemingly has, inter alia, deterrent and educational purposes: discouraging further misconduct and/or educating lawyers to reduce recurrence of similar misconduct. This paper focuses on the deterrent function on Japanese lawyers who have been disciplined. Through an empirical analysis of the cases of lawyers who have been disciplined more than once, this paper evaluates the effectiveness of the lawyer disciplinary system in Japan in discouraging the disciplined lawyers from committing misconduct again. It also hypothesises on some of the possible contributory factor(s) for the multiple violations.
AB - A lawyer regulatory system will usually include a mechanism to discipline lawyers who have committed misconduct. Such mechanism may have different objective(s) and function(s), which may vary from jurisdictions to jurisdictions. The Japanese system seemingly has, inter alia, deterrent and educational purposes: discouraging further misconduct and/or educating lawyers to reduce recurrence of similar misconduct. This paper focuses on the deterrent function on Japanese lawyers who have been disciplined. Through an empirical analysis of the cases of lawyers who have been disciplined more than once, this paper evaluates the effectiveness of the lawyer disciplinary system in Japan in discouraging the disciplined lawyers from committing misconduct again. It also hypothesises on some of the possible contributory factor(s) for the multiple violations.
UR - http://www.scopus.com/inward/record.url?scp=85099914607&partnerID=8YFLogxK
U2 - 10.1080/09695958.2020.1863217
DO - 10.1080/09695958.2020.1863217
M3 - Article
AN - SCOPUS:85099914607
SN - 0969-5958
VL - 28
SP - 199
EP - 221
JO - International Journal of the Legal Profession
JF - International Journal of the Legal Profession
IS - 2
ER -