Litigators are valued for their ability to solve complex problems and adapt quickly to changing circumstances. As the second edition of this annual ranking shows, these attributes have never been more valuable, particularly in the shadow of the COVID pandemic.

 

As cases become increasingly complex and processes change continuously during the ongoing pandemic, litigators need to be both sure-footed and nimble. And having honed their craft over years, apart from managing client needs and relationships under immense pressure, lawyers who made the second annual ALB Asia’s Top 15 Litigators list stand out for being resilient, tenacious and strategic.

Some of these lawyers have known that litigation was their calling from the very beginning. Eugene Thuraisingam, partner at Singapore’s Eugene Thuraisingam, has had a particular interest in criminal litigation since he was young. “I used to look out for newspaper articles reporting on criminal cases as well as always looking forward to television shows involving lawyers,” he says.

“It was therefore natural that when I graduated from law school, I decided on a career in litigation which I have found to be fruitful. I have learnt that I enjoy solving problems immensely. I see every dispute as a problem to be overcome from the client’s perspective,” Thuraisingam adds, noting that the challenging aspects of the profession are often where he finds enjoyment.

“The challenge of immersing myself into that dispute, and strategising and challenging myself to find that one thing that will win the case is something I have found rewarding, fulfilling and most importantly, enjoyable,” he explains.

For Cavinder Bull, chief executive officer at Singapore Big Four firm Drew & Napier, hands-on experience provided him with a lightbulb moment.

“I found it a very stressful experience preparing for the moot [at university] and had come to the conclusion that the experience was teaching me that I could not be a litigator. However, when I stood up to speak and questions started coming from the judge, I realised I could do this,” Bull says.

In South Korea, Tony DongWook Kang, partner in charge of international arbitration and litigation of Bae, Kim & Lee, found his way to litigation as the result of career evolution.

“I started my career as a judge 28 years ago, so after 12 years in the Korean judiciary, I did not actually have a choice but to adapt my prior training and experience in my private practice,” says Kang.

CHANGING LANDSCAPE

Adaption is a critical attribute for lawyers, and for disputes lawyers in particular. Over the years, court craft has continued to evolve, requiring practitioners to adjust approach at the same time.

Kang notes such changes require a careful balancing act. “With advanced technology, court briefs are getting thicker……colourful and enriched with pictures, diagrams, charts etc that were never seen 20 years ago. However, this also is now causing extreme fatigue and stress to Korean judges. Since we have to eventually persuade the judges in the direction of our clients’ favour, this always should be the most important factor to keep in mind. How to convince the judge more efficiently,” he says.

Bull, meanwhile, observes that advocates now have less time to persuade a judge or cross-examine a witness. “It has required us to be much more surgical in our advocacy,” he says of developments in this area.

While many things have changed as a result of technology, Thuraisingam says “the essence of lawyering remains undisturbed.”

“At its core, good lawyering requires one to identify the one or two key issues that a case would turn on and to construct a case around the same,” he says.

Considering the experience required for young lawyers in this field, Bull says “any aspiring advocate needs to immerse themselves in the courtroom.”

“They need to spend time watching all sorts of hearings in court and they must seize opportunities to speak in court, even if they are simple and unglamorous opportunities. Often the price that needs to be paid to be able to spend time in court is hours of preparation; don’t be afraid of that. It will pay dividends as it will enable you to understand what is going on in the courtroom and deepen your experience and you watch, learn and then step forward and speak. Do not be afraid. If you prepare well and speak clearly, you will do fine,” he says.

But while preparation is key, there is also something to be said for a selective approach.

“For young lawyers, the temptation to throw the kitchen sink must be tempered,” Thuraisingam says. “Instead of devoting equal air-time to all six arguments, one needs to learn how to prioritise the arguments. At the same time, being nimble and responsive to the court is vital.”

“Good oratorical ability and drafting skills can only take one so far without efficient deployment. With experience, even in the most complex of cases, you will be able to identify the few issues that will weigh heavily on the court’s mind in the final analysis,” he says.

In addition to advocacy skills, young lawyers must have a strong ethical and moral compass Thuraisingam says, after all “a disputes lawyer’s fundamental duty is to be honest.”

“Be honest with the court and the client. Always treat others – opposing counsel, juniors, anyone around you really – with decency and fairness. Never stop doing this, even if sometimes your efforts go unreciprocated. These virtues have stood the test of time, and will continue to persist and remain relevant, especially when sieving the great litigators from the good ones,” he says.

CLIENT RELATIONSHIPS

Strong client relationships are critical, but since the pandemic shifted meetings online, lawyers have had to mitigate against the challenge this poses, and ensure strong ties despite the distance.

“Initially, it was difficult to achieve the same level of rapport with clients via

a virtual meeting,” Thuraisingam says. “This is understandable as, many a time, our clients are facing a very troubling financial or criminal issue. During such times, the value of a firm handshake, the comfort that one takes in the physical presence of another, and the ‘feeling’ that the person across the table will be in your corner through thick and thin, cannot be understated.”

“However,” adds Thuraisingam, “we all had to adapt and deliver, in so far as it is possible to do so, the same level of confidence and reassurance as one would have after an in-person meeting.”

Another approach he deploys where possible, and usually on a smaller scale as a result of the prevailing COVID-19 measures, is to try to connect with clients in person to touch base.

“Although virtual meetings are great, I do not believe they are a complete substitute for in-person meetings, especially when it comes to building deep and lasting working relationships,” Thuraisingam says.

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THE LIST