The Consultation Network and the Role of Lawyers for the Use of Law by Divorcing Spouses

2004 Fiscal Year Final Research Report Summary

• Project/Area Number: 14520002
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Single-year Grants
• Section: 一般
• Research Field: Fundamental law
• Research Institution: Chiba University
• Principal Investigator: MURAYAMA Masayuki Chiba University, Faculty of Law and Economics, Professor, 法経学部, 教授 (30157804)
• Co-Investigator(Kenkyū-buntansha): OTA Shozo University of Tokyo, Graduate School of Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (40152136) ; KANEKO Yoshiaki Chiba University, Faculty of Law and economics, Associate Professor, 法経学部, 教授 (80292811)
• Project Period (FY): 2002 – 2004
• Keywords: Divorce / Legal Consultation / Divorce Consultation / Civil Disputes / Dispute Resolution / Divorce by Consent / Divorce Disputes / Lawyer

Research Abstract

This research project tried to explore how consultation service was provided to divorcing spouses particularly at consultation bureaus at city halls. We obtained relevant empirical data by mail questionnaire to service providers, questionnaire to users and interviews with administrators of legal consultation provided by the bar associations and the legal aid association.
Wards, cities and a town provide a variety of consultation service for divorce in Tokyo. It covers not only legal problems but also economical problems and even psychological problems. For the last kind of problems specialized counselors work. Emotional problems are often emphasized as an important aspect of disputes, but there are already such consultation bureaus as to respond to those needs. The problem with consultation bureaus is that the legal consultation does not provide adequate service for satisfying the needs of divorcing spouses. Legal aspects are often related with economic aspects in divorce. Consultation bureaus which give service for economical problems spend on average about one hour for a client. However, legal consultation bureaus spend on average only 30 minutes or even less. This is also the case with legal consultation service provided by bar associations, except the specialized legal consultation for family matters in Shinjuku.
The occupational profile of city consultation users is very similar to that of legal aid legal consultation. In fact, most city consultation bureaus refer their clients to the legal aid association. The largest group of the legal aid consultation users is also referred to by city consultation bureaus. This is only natural, because the majority of clients for divorce are wives, the majority of whom do not have job nor much income. They chose city consultation bureaus, not because they are close to the place where they lived, but because they were free of charge. Cutting the time of legal consultation up to 30 minutes means that clients should make another reservation and come, or if they do not like it, they should hire a lawyer. However, most wives are concerned with their financial situations after divorce. Unless they are assured that lawyer's work can be paid without difficulty after divorce, they are not willing to hire lawyers. However, they need concrete "partisan" advice to solve their problems, rather than general legal knowledge. Then, we need less formalistic, flexible legal consultation which would respond to the needs of divorcing spouses adequately.