Different Tones in Legal Practice: Litigation vs. Non-Litigation, Finding Your Rhythm

Photo / This 'Different Tones' visit attracted 30 newly qualified lawyers to participate

Photo / Attorney Chang Chün-pèi sharing the work pace of a non-litigation lawyer

Braving Wind and Rain to Advance Toward Dreams
Attorney Chang Chün-pèi

The life of a non-litigation lawyer is a daily race against time. Unlike litigation lawyers whose work schedules are determined by court dates, non-litigation lawyers must accommodate clients' demands. Because their work closely follows commercial pulses, the pace is extremely fast, and they are usually required to immediately provide legal opinions or prepare relevant documents. Consequently, non-litigation lawyers work longer hours and sometimes even have to carry their laptops with them during vacations. Attorney Chang Chün-pèi cited an example: not long ago, while traveling abroad for vacation, a client's M&A transaction required her firm to complete a due diligence report in an extremely short period of time, allowing her only a brief nap on the airplane and forcing her to huddle in a cafe to work upon arriving at her resort destination.

Non-litigation lawyers do not need to go to court. Compared to litigation lawyers, they face clients directly less frequently, and the vast majority of their work is completed in front of a computer. Attorney Chang Chün-pèi believes that non-litigation lawyers must possess creativity and thorough research skills. Although firms have a wealth of reference materials, many innovative business strategies have no precedents to follow. Without rich imagination, followed by rigorous research and inquiries with competent authorities, it is difficult for non-litigation lawyers to offer legal advice that satisfies clients.

Every profession has its hardships. For non-litigation lawyers, the most difficult period to endure is the first two years of entering the profession. "Back then, it was all about printing documents, sticking labels—doing this kind of grunt work," recalling the early days of her career, Attorney Chang Chün-pèi said: "Many people simply don't survive this stage; they feel that since they already passed the bar exam, why should they still be chewed out by their boss all day long over line spacing and formatting?" However, as long as one puts a little more care into these tasks and pays attention to details, unnecessary reprimands can be avoided and work can flow more smoothly. Therefore, Attorney Chang Chün-pèi believes that attentiveness and stress resistance are extremely important, and mindset adjustment is the key. Yet, she also reminded the new lawyers not to treat themselves as slaves in their mindset, so as not to stifle their creativity.

Attorney Chang Chün-pèi interned and worked for many years at Tun-An Law Firm. Although the firm was not large, it had established a reputation in the industry due to several formidable senior practitioners, and thus handled many interesting and unusual cases. Moreover, with the firm's limited manpower, she had numerous opportunities to fully participate in individual case work, making her feel much less like a mere "cog in the machine." As for large firms, such as Lee and Li, Attorneys-at-Law where she currently practices, the advantages are that case types are more diverse and complex. Attorney Chang Chün-pèi stated that a vast majority of the cases she has handled since joining were ones she had never encountered during her time at her previous firm. In addition, large firms have more partners and senior lawyers, meaning junior lawyers have more diverse mentors and collaborators, along with higher salaries, more comprehensive personnel benefits, and promotion systems.

Furthermore, for non-litigation lawyers, proficiency in both Chinese and English expression is undoubtedly the critical factor in determining whether a lawyer can survive within a firm. Writing skills can be trained, and Attorney Chang Chün-pèi suggested that new lawyers might want to invest some effort into carefully studying how senior colleagues revise their drafted content, observing superiors' expectations and reflecting on their own shortcomings. Over time, this will forge fluent and precise writing skills. Observing how senior colleagues interact with clients is also an essential part of enhancing expression skills. As for English, Attorney Chang Chün-pèi improved her capabilities by taking advanced courses at language centers and watching television series.

As a non-litigation lawyer, due to her lack of courtroom experience, Attorney Chang Chün-pèi has been unable to dive into public interest litigation cases like other passionate lawyers, or accompany suspects for police interrogations during student movements. However, during her prior volunteer service at the JRF, she found her way to contribute: helping evaluate judges and prosecutors. She noted that since not everyone at the JRF has a legal background, the evaluation reports they draft are sometimes insufficiently precise; this is precisely where a non-litigation lawyer's research and writing skills come in handy. Besides, "revolution requires money!" Attorney Chang Chün-pèi said with a smile that for high-earning non-litigation lawyers, donating a little money when they are financially secure should not be a difficult task.

Having grown up in a financially struggling family, Attorney Chang Chün-pèi has now realized her childhood dream of studying abroad through government scholarships. She encouraged newly qualified lawyers to bravely pursue their dreams, maintain physical health, and enjoy a balanced life with a happier mindset because "no matter how big your dreams are, you must have a healthy body to put them into practice." She also hopes everyone will have the opportunity to explore the world more, not to imitate others, but to believe that everything can manifest in different forms.

Photo / Attorney Lin Chün-hung looking back at his fortunate search for an internship

Try Diverse Paths to Forge Your Own Way
Attorney Lin Chün-hung

Everyone's life journey has special aspects that others cannot replicate.

Reviewing his meandering decade-long practicing career, Attorney Lin Chün-hung opened his sharing with these words.

Having handled non-litigation cases, worked in-house at an insurance company, majored in criminal procedure in graduate school, and joined wrongful conviction rescue work, Attorney Lin Chün-hung has experienced virtually all of the "mainstream lawyer practice models." "Me? Actually, I'm a bit lazy," Attorney Lin Chün-hung said with slight embarrassment, recalling that back when he had just passed the bar exam, one morning while half-asleep and before his voice had fully cleared, he received an interview notice, successfully found an internship, and stepped into a new phase of life.

"At the time, I felt it was quite dull," Attorney Lin Chün-hung candidly admitted. "Sometimes working overtime was just for printing materials, preparing documents, and sticking labels." But he did not deny that his first job at a small firm back then taught him a great deal—for better or for worse. Although after starting an independent practice, his firm's caseload is primarily litigation, the experience accumulated in the past from handling offshore capital applications and M&A transactions has not been without benefit. Therefore, Attorney Lin Chün-hung also encouraged newly qualified lawyers who still have vague imaginations about practice or lack awareness of their own interests to try various paths so they can figure out what they truly want.

When asked what traits a litigation lawyer needs to possess, Attorney Lin Chün-hung pondered for three seconds and said: "Being willing to courageously handle cases when they come up!" He emphasized that every lawyer has their own characteristics, and their performance at work and strategies adopted vary greatly. Some are quick-witted, agile, and always eloquent in court; others seem slow-paced yet can always deliver airtight arguments. What is right, and what is best? In fact, there is no standard answer. Attorney Lin Chün-hung suggested that new lawyers interested in criminal procedure might want to visit the courtroom more often, observe the courtroom defense strategies of senior masters such as Yu Po-hsiang, Lo Ping-cheng, and Yeh Chien-t'ing, refer to their defense techniques, cultivate persuasiveness, and establish a personal style.

Attorney Lin Chün-hung noted that in the process of finding an internship placement, besides fate, it is even more vital to see whether each other's tones match. As someone who has walked this path, most seniors are actually not afraid of interns making mistakes, as they are well aware of the huge gap between legal knowledge learned in the classroom and its practical application, and newly minted lawyers will inevitably go through a difficult transition period. What truly makes people shake their heads is not the legal literacy of interns, but poor work ethics. Attorney Lin Chün-hung once encountered an intern who was "brave in admitting mistakes, but never corrected them," and has also seen new lawyers walk into meeting rooms without even a pen and paper. Faced with such situations, Attorney Lin Chün-hung could only resignedly mock himself: "I'm getting older and don't particularly like people wasting my time," while reminding new lawyers upon entering the workplace to closely observe how senior colleagues interact with clients and comprehend the art of quoting fees.

Apart from serving as the chairperson of the Judicial Reform Committee at the Taipei Bar Association, Attorney Lin Chün-hung currently serves as a standing executive director at the JRF and is in charge of the Wrongful Conviction Rescue Group and Drug Group. For him, the JRF is a suitable place to learn, offering opportunities to observe how exceptional seniors handle cases. Although at first he always felt unable to join the discussions, before he knew it, Attorney Lin Chün-hung now holds multiple roles within this organization. He believes the most special aspect of the JRF is that seniority is disregarded here; as long as one has sufficient reasons to convince others, everyone's opinions can find room to play a part. Because of this, the standing executive directors of the JRF have gradually grown younger in recent years, and lawyers with ideas about judicial reform are always welcome to join.