Attorneys Yen Hsin-Yin and Chiu Hsien-Chih Share Legal Practice and Wrongful Conviction Rescue Experiences

On July 9, 2015, the JRF held an unconventional seminar for trainee attorneys at the Lawyers Training Institute. Attorneys Yen Hsin-Yin and Chiu Hsien-Chih were invited to share their professional experiences up to that point, offering trainee attorneys about to embark on their legal careers an alternative vision of the profession. This article is a summary of the highlights.

Attorney Yen Hsin-Yin recalled her time as a legal intern, engaging in litigation under the guidance of her supervising attorney, before later getting involved in judicial reform and joining the ranks of wrongful conviction rescue efforts—particularly participating in the litigation of the Hsu Tzu-Chiang case. During her early years in practice, interacting with clients, engaging in courtroom defense and argumentation, and most importantly, "studying diligently" helped her get through that most challenging period. She learned to balance work and rest, continuously refine her professional competence and litigation skills, and shared how to face and handle difficulties or problems encountered in one's career. Regarding wrongful conviction rescue, she initially came into contact with the Hsiu case through the referral of her supervising attorney. Attorney Yen noted that wrongful conviction rescue is a deeply painful undertaking; many defendants are trapped behind bars and require tremendous effort, yet the results can be disappointing. However, Attorney Yen particularly emphasized that this pain can help lawyers rediscover their original aspiration when they first studied law and find their expectation for fairness and justice.

Attorney Chiu Hsien-Chih began by recounting his return to Taiwan from Germany, speaking of how he met Attorney Lo Ping-Cheng and subsequently took part in various cases of all sizes. "This was a wrongful conviction discovered by Chang Chuan-Fen, named Cheng Hsing-Tzu," which marked the beginning of Attorney Chiu's involvement in wrongful conviction rescue. Attorney Chiu joked that this was stepping step-by-step onto the boundary of death. Starting with the Cheng Hsing-Tzu case, he successively participated in the closure-threatened factory workers case, the Dapu Case, as well as the high-profile Hung Chung-Chiu case and volunteer lawyer work during the March 18 movement. In these cases, what he encountered was state violence, the abuse of power and illegality by administrative agencies, and the concealment of evidence by the military—learning how to argue persuasively and help clients fight for fairness and justice. He shared the insights gained from these cases, how they helped him grow, and the many reflections and takeaways that came with them. He also shared anecdotes and amusing experiences from interacting with all kinds of people during his practice, filling the room with laughter. Mentioning how he tells stories to his daughters at night, he noted that if he kept the light on to read storybooks, his daughters wouldn't be able to sleep, and he couldn't keep telling the stories he heard when he was a child. So, he would turn off the light and start talking about the cases he encountered during the day: "Daddy felt really sad today because my client was killed today, and we believe this is a wrongful conviction; ah, and Daddy is helping someone who ran into trouble while serving in the military..." The daughters would listen with rapt attention. Attorney Chiu expressed that if you choose to be a lawyer willing to give of yourself, you will experience great joy, but also tremendous sorrow.

Both attorneys remarked that even though one encounters many disheartening things in the course of legal practice, these experiences all become the driving force that keeps one moving forward.

Trainees also raised questions and confusions regarding practical legal work to the two attorneys, who did their best to answer using their own experiences. The two attorneys also expressed high expectations for the young lawyers, especially in arenas such as judicial reform, wrongful conviction rescue, and volunteer lawyering. The enthusiastic participation and rallying of young lawyers constitute a vital force. The work of an attorney is deeply meaningful; when these oppressed clients lack sufficient power, lawyers step in to help them fight against injustice. Finally, they expressed hope that all young attorneys can work hard together to help more people and make Taiwan's judiciary better!