Hello. I am attorney Noh Jong-eon of Law Firm Jeonjae.

When clients come to Law Firm Jeonjae, most are thinking about litigation. Since obtaining a judgment through trial is the most representative way to resolve legal disputes. However, a lawyer's work does not end in court. Rather, before going to trial, first examining whether there is a way to produce a better result for the client. I believe that is the first thing a lawyer should do.

Why settlement is advantageous to the client

You have already invested time and money in the form of a retainer fee. A lawyer's role is to return that investment in the most efficient result possible. Litigation is important, of course, but not every case must go all the way to trial. A settlement reached at the right time can save the client's time and costs while still producing a sufficiently satisfactory result.

When settlement is handled through legal representatives, the client does not need to face the other party directly. The representatives can negotiate appropriately, present the terms each side wants, and make clear adjustments. Especially if the party to the litigation finds it difficult to meet the other side or has trouble directly explaining their position, settlement through a representative is much more effective.

However, there is something to be careful about. If you miss the proper timing, there can be cases where you can no longer legally dispute it. Leave the door open for settlement, but be prepared to immediately switch to trial if negotiations break down. That is the wise strategy for the client.

How to gain the upper hand at the bargaining table

Settlement may sound easy, but in reality it requires as meticulous preparation as litigation. That is because only by gaining overwhelming superiority over the other side at the bargaining table can you achieve settlement on the desired terms.

First, thoroughly review the legal issues. You must be able to show the other side a concrete picture that, if necessary, you will proceed with litigation in this direction. Even before filing suit, revealing the extent of our side's offensive strength is a powerful weapon in making a settlement favorable. Negotiation should not just be done casually; it must proceed with the answer already set.

Next is the tug-of-war. Honestly, the process of adjusting terms with a confident attitude that does not yield to the other side is also the time that consumes the most energy. However, if you do this properly, the client can get a satisfactory result without going through a long and uncertain trial.

The purpose of a trial is not the judgment itself, but a result favorable to the client

In the end, the purpose of a trial is not to receive a judgment. It is to obtain a result favorable to the client. If litigation is the best way to achieve that result, we litigate; if settlement can create a better result, we settle.

Law Firm Jeonjae considers the core of legal practice to be making the most efficient use of the client's time and costs to achieve the best possible result relative to the investment. Of course, if you are not inclined toward settlement or mediation, you do not have to do it. We will fully explain what the situation will be afterward and move forward together in the direction the client decides.

Whether through litigation or settlement, we will find the best way to protect the client's rights.