What Exactly is a Japanese Lawyer's "Mission" and How Does It Differ from U.S. Attorney Roles?

The term "lawyer" or "attorney" evokes certain images and expectations, largely shaped by one's own legal system. For those accustomed to the adversarial nature of the U.S. legal system, where attorneys are often seen as zealous advocates for their clients, the foundational principles guiding Japanese lawyers, known as bengoshi (弁護士), can present a nuanced and distinct picture. Central to understanding the Japanese bengoshi is the concept of "shimei" (使命), often translated as "mission" or "calling." This is not merely a lofty ideal but a principle enshrined in the very first article of Japan's Lawyers Act (弁護士法, Bengoshi Hō).

Article 1, Paragraph 1 of the Lawyers Act states: "A lawyer's mission is to protect fundamental human rights and realize social justice." Paragraph 2 continues, "Based on the mission in the preceding paragraph, a lawyer shall sincerely perform their duties and endeavor to maintain social order and improve the legal system." This "shimei" serves as the cornerstone of their professional identity and ethical obligations, differentiating their role in some significant ways from their U.S. counterparts. While U.S. attorneys are, of course, committed to justice, the explicit, statute-defined "mission" in Japan carries a particular weight and influences various aspects of their practice.

The Dual Pillars of the Japanese Lawyer's Mission

The "shimei" of a Japanese bengoshi rests on two interconnected pillars: the protection of fundamental human rights (kihon-teki jinken no yōgo, 基本的人権の擁護) and the realization of social justice (shakai seigi no jitsugen, 社会正義の実現).

1. Protection of Fundamental Human Rights:
This aspect of the mission underscores the lawyer's role as a guardian against infringements on individual liberties, whether by state power or other entities. The post-World War II Japanese Constitution, heavily influenced by democratic ideals, places strong emphasis on fundamental human rights. Lawyers are seen as crucial actors in ensuring these constitutional guarantees are not just theoretical but are practically upheld in everyday life and legal proceedings. This involves representing individuals whose rights may have been violated, challenging unconstitutional laws or practices, and working towards a society where human dignity is paramount. This duty extends beyond criminal defense to all areas where human rights are at stake, including civil disputes, labor issues, and administrative matters.

2. Realization of Social Justice:
The concept of "social justice" in this context is broad and multifaceted. It's not merely about achieving a just outcome in an individual case but also about contributing to a fairer and more equitable society through the legal system. Japanese bengoshi are expected to consider the broader societal implications of their work. This might involve ensuring that legal processes are fair and accessible to all, regardless of their social or economic standing, and that the law is applied in a way that promotes overall societal well-being.

An important interpretation of this "realization of social justice" is that it is often achieved indirectly through the dedicated representation of a client's private interests, provided those interests are legitimate and can be framed as legal rights. The underlying philosophy is that by diligently working to have a client's rights recognized and upheld by the courts, the lawyer contributes to the larger fabric of social justice – a system where everyone's rights are respected. This perspective aligns with the Roman law tradition, where justice is understood as giving each person their due (suum cuique tribuere). Thus, advocating for a client's rightful claim is not seen as purely self-serving but as a component of a larger, publicly beneficial system of justice.

It's important to note that while Japanese lawyers are not public officials in the way judges or prosecutors are, Article 1 of the Lawyers Act bestows upon them this public mission. They operate as private practitioners (zaiya hōsō, 在野法曹 – "legal professionals in the field," not in government service) yet are charged with this profound public responsibility.

How the "Shimei" Manifests in Practice

This foundational "shimei" is not an abstract ideal detached from daily practice. It permeates the ethical framework and conduct expected of Japanese lawyers. The "Basic Rules of Professional Conduct for Lawyers" (弁護士職務基本規程, Bengoshi Shokumu Kihon Kitei), established by the Japan Federation of Bar Associations (JFBA), further elaborates on these duties. For instance, the duty of sincerity/good faith (seijitsu-gimu), the duty to avoid conflicts of interest, and the duty of confidentiality all derive their ultimate justification from this overarching mission.

The pursuit of this mission also implies a certain independence. Japanese lawyers are expected to maintain their professional autonomy, free from undue influence, whether from the state, powerful corporations, or even, at times, the immediate, unreflective demands of a client if they conflict with fundamental rights or social justice. This can lead to complex ethical balancing acts, where the lawyer must navigate their loyalty to the client with their broader societal responsibilities.

The "shimei" also underpins the lawyer's engagement in activities beyond individual casework. Many Japanese lawyers participate in bar association activities, law reform efforts, human rights advocacy, and public legal education initiatives. These activities are often seen as a direct fulfillment of their mission to improve the legal system and promote social justice. The expectation that lawyers will contribute to the public good, even without direct remuneration, is a strong element of the professional culture, sometimes referred to as "koeki katsudo" (公益活動, public interest activities).

Comparing the Japanese "Shimei" with U.S. Attorney Roles

While U.S. attorneys also operate under ethical codes that emphasize justice, the way roles are defined and conceptualized differs.

• Adversarial System and Zealous Advocacy: The U.S. legal system is quintessentially adversarial. The ABA Model Rules of Professional Conduct state in its Preamble that "As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system." This "zealous advocacy" is a hallmark, where the attorney's primary duty is often seen as advancing the client's interests to the fullest extent permissible by law. While Japanese lawyers also advocate for their clients, the explicitly defined "shimei" of realizing social justice might introduce a broader set of considerations or a different emphasis in how they approach their advocacy. The Japanese model involves a complex operational principle where lawyers, by acting publicly for a client's private interest, indirectly achieve public good.
• Officer of the Court vs. Public Mission: U.S. attorneys are also considered "officers of the legal system" (ABA Model Rules, Preamble), implying duties to the court and the integrity of the legal process. This shares some common ground with the Japanese lawyer's duty to "maintain social order and improve the legal system." However, the Japanese "shimei" arguably casts the lawyer in a role that has a more direct and explicit societal improvement mandate that extends beyond the courtroom. The JFBA itself states that this mission to protect fundamental human rights and realize social justice is the "raison d'être of the attorney system."
• "Social Justice" Interpretation: The interpretation of "social justice" can differ. In the U.S. context, while a commitment to justice is fundamental, the primary mechanism for achieving it within the lawyer's role is often through the proper functioning of the adversarial process and robust representation of individual clients. The Japanese concept of "shakai seigi" as part of the bengoshi's "shimei" appears to encompass a broader, more proactive responsibility for the overall health and fairness of the legal and social system. It's not merely about a just outcome in a particular case but a continuous effort towards a just society, where the lawyer's actions are a means to achieving this.
• Historical and Systemic Context: The Japanese Lawyers Act, including Article 1, was enacted in 1949, during the post-war period of democratic reforms. This historical context, which saw the introduction of a new Constitution emphasizing human rights, likely shaped the idealistic and public-interest-oriented definition of the lawyer's mission. The strong emphasis on "fundamental human rights" reflects a societal determination to prevent past abuses. In contrast, the U.S. legal profession evolved over a longer period, with its ethical rules developing through common law, bar association efforts, and responses to various societal changes and crises.
• Public Expectations: The explicit "shimei" in Japan may also cultivate different public expectations of lawyers compared to the U.S. While clients in both countries expect competent and loyal representation, the Japanese public might, at least in theory, look to lawyers not just as legal technicians but as proactive contributors to societal betterment, driven by this statutory mission.

The "Shimei" in the 21st Century: Challenges and Evolution

The world in which Japanese lawyers operate is, of course, not static. Globalization, the increasing complexity of business transactions, and evolving societal needs present ongoing challenges to how this "shimei" is interpreted and fulfilled.

• Commercialization and Specialization: Like their counterparts globally, Japanese law firms are experiencing trends towards larger sizes and greater specialization, particularly in corporate law. There's an ongoing discussion in Japan, often referred to as the "bengoshi model ronso" (弁護士モデル論争 – lawyer model debate), about whether the legal profession is, or should be, primarily a noble "profession" (seishoku, 聖職) with a public calling, or more of a sophisticated "business" (bijinesu, ビジネス) providing legal services. This debate touches directly on the relevance and practical application of the "shimei" in an increasingly commercialized legal market. The tension lies in balancing the public interest mission with the economic realities of law practice.
• Access to Justice: Realizing social justice also involves ensuring that all members of society have access to legal representation and the justice system. The "shimei" implicitly calls upon lawyers and bar associations to address issues of legal aid, pro bono services, and the geographical distribution of lawyers to ensure that the "protection of fundamental human rights" is not an empty promise for those with limited means or in underserved areas.
• Role of Bar Associations: Japanese bar associations (bengoshikai) play a significant role in upholding this mission. They are involved in attorney discipline, continuing legal education, and often take public stances on issues related to human rights and social justice. The autonomy of these bar associations is considered crucial for lawyers to fulfill their mission independently.

Conclusion

The "shimei" enshrined in Article 1 of the Japanese Lawyers Act provides a unique and defining characteristic for the bengoshi. It is a declaration that their role transcends mere technical legal expertise or client advocacy in a narrow sense. It charges them with a profound public responsibility: to be proactive guardians of fundamental human rights and dedicated architects of social justice.

While sharing common ethical ground with attorneys in the U.S. regarding duties of loyalty, competence, and confidentiality, the Japanese "shimei" frames these duties within a broader, explicitly stated societal purpose. It suggests that the lawyer's work, even when focused on an individual client's cause, is ideally a thread in the larger tapestry of a just and rights-respecting society. Understanding this foundational "mission" is crucial for anyone seeking to comprehend the ethos, ethical obligations, and societal role of lawyers in Japan. It highlights a professional identity that is deeply intertwined with public service and a continuous striving for an improved legal and social order.