SHIHOSHOSHI is a branch of the Japanese legal profession that specializes in real property registration, corporate registration and preparation for court proceedings. It is a licensed profession requiring one to pass the national SHIHOSHOSHI qualifying examination administered annually by the Ministry of Justice, for which the passing rate is only 2.7%. The specialized knowledge, technology and experience of SHIHOSHOSHI serve the community-at-large.

History

As a qualification for legal practice, the SHIHOSHOSHI profession was created concurrently with the BENGOSHI and KOSHO-NIN professions at the beginning of the Meiji Era when Japan was modernized. The original title of SHIHOSHOSHI was DAISHO-NIN, and that of BENGOSHI, DAIGEN-NIN. As you can see from the way DAISHO-NIN is written in Japanese, it means "person who writes on behalf of another person". On the other hand DAIGEN-NIN, the predecessor of the modern BENGOSHI, literally means "person who speaks on behalf of another". Documents for the transfer of land, corporate registration, etc. can be very complicated. This is where the SHIHOSHOSHI can be of assistance.

Today the total number of SHIHOSHOSHI lawyers in practice is around 16,000 and that of BENGOSHI, another branch of Japanese legal professional is less than 15,000. A distinguishing feature of SHIHOSHOSHI is that they are spread throughout the country, so in a small town or village there may not be a BENGOSHI but there will probably be a SHIHOSHOSHI.

Areas of Professional Practice

1. Real Property Registration
The activities in this field cover administration of the transactions preceding the registration to keep them in proper and lawful order and preparation of all necessary documentation.

2. Incorporation Registration
Besides the registration procedures, SHIHOSHOSHI sometimes provide consulting services to small businesses. There are numerous forms of small business in Japan owing to peculiarities in the Japanese Commercial Code.

3. Preparation for Court Proceedings
SHIHOSHOSHI can help a litigant by drafting papers and documents, especially for civil litigation. In Japan, the court policy on conducting civil litigation is to encourage lay litigants to represent themselves in court, i.e. not to use a BENGOSHI; the whole system of civil proceedings differs greatly from Anglo-American systems. So in some cases it may be much more cost-effective to have a SHIHOSHOSHI help you to prepare your court documents. Please note that SHISHOSHOSHI do not have the right to appear in the court on your behalf - only a BENGOSHI can do this.

For further information on the Shihoshoshi profession, contact Mr. Hisao Arino of the International Shihoshoshi Association at (03) 3363-9121, fax (03) 3363-8788 or send an e-mail to <ura1789@ba2.so-net.or.jp>

(translation by Vicki L. Beyer)

Temple University Japan