26 Asian Legal Business | October 2024 lems 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 SUBMISSION BREAKDOWN Jurisdiction Submissions Winners Hong Kong 13 5 Japan 7 5 South Korea 10 5 Total 30 15 ALB Top 15 North Asia Litigators 2024 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. METHODOLOGY • Submissions were open to practicing litigators permanently based and practicing law in the North Asia region (Hong Kong, Japan, Macau, South Korea and Taiwan) • Lawyers were assessed upon the outstanding achievements in litigation case(s) either taking place in the region or representing a client in the region overseas from 1 July 2023 to 1 July 2024 • Submissions from mainland China were not considered for this list.
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