The region’s leading litigators share the secrets of their craft, offering invaluable insights into the strategies and mindsets that have propelled them to the pinnacle of their profession.
- Top litigators prioritise thorough preparation and client dedication
- Success in litigation balances legal expertise with empathy
- Resilience and continuous learning drive long-term career growth
Generally, when non-lawyers think of litigators, the first thing that comes to mind might be unbound confidence, fierce advocacy, and perhaps some iconic courtroom chic thanks to the influence of popular legal dramas.
But in reality, there’s much less room for glamour in the life of a litigator. Instead, a courtroom veteran would probably attribute their success in court to thorough preparations, meticulous research, and an infinite amount of grit and courage to stand by their clients.
“The most brilliant litigation strategy means nothing unless we win… We are not afraid to take difficult cases where many facts go against our clients. Indeed, many clients seek us out after having been turned down by other firms. Through such approach, we have developed a reputation for winning the unwinnable cases.”
- Shin Ushijima, Ushijima & Partners
Shin Ushijima, partner at Japanese law firm Ushijima & Partners and one of ALB’s top 15 North Asia litigators this year, adheres to the principle that “the client’s success is the firm’s success.” Success can mean achieving a favourable outcome for clients and maintaining a reputation for excellence in the legal profession.
“The most brilliant litigation strategy means nothing unless we win,” says Ushijima, who stresses the willingness to fight for their clients regardless of the circumstances. “We are not afraid to take difficult cases where many facts go against our clients. Indeed, many clients seek us out after having been turned down by other firms. Through such an approach, we have developed a reputation for winning the unwinnable cases.”
To triumph in courtroom battles, devotion is the key from the very beginning. “Devotion means investing the time reviewing the case file to gain a deep understanding of the facts of the case (a deeper understanding than opposing counsel) and taking a personal interest in the case. Approach each case fresh as if it were the first time you have handled such a matter so that you can uncover things that others may have missed,” says Ushijima.
For many litigators, doing their clients justice is the ultimate goal in the courtroom. However, success in litigation is not just about a verdict in favour. The process and the effort invested in each case can be equally rewarding regardless of the outcome.
Il Yeon Kim, partner at South Korean law firm Bae, Kim & Lee (BKL), emphasises that litigation lawyers must put in a lot of effort and prepare thoroughly in order to solve the clients’ difficulties and achieve justice.
“I think it is most important to deeply understand and empathise with the client's situation and the client's problems in order to properly understand the nature and meaning of the case. In the process of communicating deeply with the client, I also gained a lot of experience in obtaining decisive clues to solving the case.”
- Il Yeon Kim, Bae, Kim & Lee
Apart from a deep understanding of both substantive and procedural law, meticulous examination of facts and evidence, and the ability to present logical and persuasive arguments in court, Kim believes it is necessary to draw sympathy and understanding of the court through logical and persuasive legal documents and court arguments.
“I think it is most important to deeply understand and empathise with the client's situation and the client's problems in order to properly understand the nature and meaning of the case. In the process of communicating deeply with the client, I also gained a lot of experience in obtaining decisive clues to solving the case,” says Kim.
“The success of a litigation lawyer cannot be achieved without the client,” he adds.
Overall, success in litigation is a holistic concept. Yes, it's about winning cases. But it's also about the journey to that victory. It's about thorough preparation, deep legal knowledge, persuasive skills, and most importantly, a genuine commitment to the client's cause.
TRIAL BY FIRE
As convention suggests, courtroom greats are not born overnight. Ushijima, who started his almost five-decade career in the Tokyo District Public Prosecutors Office as a public prosecutor, says devotion is key for junior lawyers aspiring to become top in class.
“A devoted junior litigator can defeat a more senior litigator, for example, through their superior knowledge of the details of the case in front of him or her. If a lawyer is willing to work hard, harder than opposing counsel, diving headfirst into the case they can become a successful litigator,” says Ushijima, who founded his own firm Ushijima & Associates in 1985.
BKL’s Kim, who honed his legal expertise as a judge across various courtrooms for more than a decade, emphasises that there are no shortcuts to success - only relentless dedication to hard work and unwavering discipline.
“Just as there is no royal road to learning, I don't think there is a royal road to the work of a litigation lawyer,” says Kim.
In the dynamic field of law, he recognised that complacency could be a career-ending mistake. “On a regular basis, lawyers should continue to study and research to enhance their work competence and expertise and be thoroughly prepared to carry out specific cases. I believe that no matter how difficult and complex a case is, if a lot of time and effort are invested, there will always be a solution,” Kim tells ALB.
But beyond legal expertise, a warm heart and deep understanding of humanity are crucial attributes for a great litigator, according to Kim. This empathetic approach allows attorneys to connect with clients on a profound level, grasping the full emotional and personal context of each case.
“I believe that understanding and empathy for clients and the people involved in the case are the key factors to bringing out the full potential of litigation lawyers,” says Kim. Ultimately, empathy and kindness not only enhance a litigator's professional effectiveness but also contribute to a more compassionate and just legal system, reminding us that at its core, the law is about serving and protecting human interests.
UPHILL BATTLES
After decades of practice, Ushijima and Kim have steadily climbed up the ranks to make their mark in the competitive field of litigation. However, the path to success is by no means plain sailing. Ushijima admits that the journey can oftentimes be fraught with significant challenges and setbacks, including unfavourable evidence or judgments at the lower courts.
“These are inevitable,” says Ushijima. “Through experience, we have learned that while we cannot change the facts, we can emphasise favourable facts in a manner appealing to the judges. Despite our best efforts, when we receive an unfavourable lower court judgment, we need to discuss with the client whether to appeal.”
For Kim, the disappointment could be overwhelming when the outcome of the sentence was poor in an important case, especially one that he had expected to win.
“There have been times when I have been in a slump for quite some time. However, I tried to get rid of my frustration by accepting the fate that as litigation lawyers, you either win or lose a lawsuit and that this was also a part of what I had to do as a litigation lawyer,” says Kim.
Amidst the challenges and setbacks, these courtroom professionals have navigated failures and losses, honing their skills, absorbing valuable lessons, and forging ahead with resilience. In order to jump higher, sometimes you need to take a step back, according to Kim.
“I was greatly impressed by the way a senior lawyer I respected looked back at the case and evaluated whether there was anything he missed or could have done better in the course of the lawsuit, even in the painful moments,” says Kim.
“A litigation lawyer’s work does not end with just one case. I think an objective analysis of the case that is lost is necessary in order to get better results in a higher trial and other cases,” he adds.
Apart from that, it’s also worth remembering to enjoy the ride. “Regardless of the outcome or losing the lawsuit, I realised that an attorney must do his/her best in the course of the lawsuit, and that the evaluation of the client's attorney includes not only the outcome of the lawsuit but also the process,” adds Kim.
While striking a balance between professional excellence and personal fulfilment has been a universal challenge for lawyers, for litigators – bound by high performance standards and meticulous paperwork, this balance seems particularly elusive. Ushijima says the key to individual achievement lies in teamwork and leadership.
“No single lawyer knows everything, nor can they do everything by themselves,” Ushijima tells ALB. “Therefore, we always approach each case as a team and discuss everything from the fact-finding and scheduling to key decisions regarding litigation strategy.”
Ushijima encourages young members of his team, and the next generation of litigators in general, to extend their knowledge outside law as much as possible to be versatile enough to bring more value to the table.
“I recommend young lawyers to read books in areas other than law, hopefully, covering every area of the universe. This will help them to understand that what they are doing is ‘creating history’, however small, and cause them to appreciate the value of their lives,” he says.
Kim, on the other hand, urges junior lawyers to spare no effort in the pursuit of perfection.
“As litigation lawyers, I think most of their work attitudes are formed between the first two to three years of their career. If they set their goals and standards and spend this time well, I am sure that the efforts will bear fruit,” says Kim.
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ALB TOP 15 NORTH ASIA LITIGATORS 2024 |
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Jin Yeong Chung Wilfred Ho Dajoo Jung Jason Karas Il Yeon Kim Jae Keun Lee Charles Mo Jong-Han Oh Yoshimi Ohara Byron Phillips Martin Rogers Mugi Sekido Shin Ushijima Hiroki Wakabayashi Masako Yajima |
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SUBMISSION BREAKDOWN |
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Jurisdiction |
Submission |
Winner |
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Hong Kong |
13 |
5 |
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Japan |
7 |
5 |
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Korea |
10 |
5 |
|
Total |
30 |
15 |
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SUBMISSION BREAKDOWN |
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