Major commercial disputes test even the most seasoned lawyers. To understand what it truly takes to navigate such matters well, we asked four practitioners — Mr Kelvin Ong (Contigo Law LLC), Ms Wendy Lin (WongPartnership LLP), Ms Simran Toor (Tang Thomas LLC), and Mr Thio Shen Yi SC (TSMP Law Corporation) — to reflect on the common pitfalls they see and the qualities that define standout disputes lawyers.
When tackling a dispute, perspective can make all the difference. As Kelvin notes, parties often enter disputes with a strong positional mindset, without fully considering how the other side sees the problem. That lack of early-stage clarity is something Simran observes as well. “Too often, parties rush to ‘win the narrative’ before they’ve clarified their objectives,” she says. “It’s important to have a clear consensus with the client on what resolution truly means for them.”
A PLAN FROM THE OUTSET
For Shen Yi, the issue is one of structure rather than speed. He cautions against taking a piecemeal and incremental approach to litigation. “As far as possible, have a plan from the start on how the entire dispute ought to be managed. I have always believed that if you are going into a dispute, be sufficiently prepared to fight all the way, and if you are that well prepared, you often do not have to fight all the way.” As he puts it: “If you do things piecemeal, it is a false economy. You will end up getting dragged all the way to the bitter end, or you will settle on sub-optimal terms.”
If these are the common traps, what does good look like? For Wendy, it starts with mental agility: the ability to strategise and think on one’s feet. Simran, too, highlights clarity of thinking and strategic restraint. “The standout lawyers are those who know exactly what cards they hold, and when to use them,” she says. “They don’t just posture for the sake of it and know how to say less to achieve more.”
Equally important is the ability to explain complex legal ideas simply. Wendy sums it up this way: “Develop the skill to be able to take a clear stand, articulate it effectively to the Court and clients, and explain or defend that position when questioned.” A good step towards achieving this, she adds, is to thoroughly understand your material.
Beyond the legal analysis, what other skills matter? Kelvin points to people skills and EQ, while Simran emphasises emotional intelligence and commercial awareness. Disputes, she reminds us, aren’t just about the law. “They’re about relationships, reputations, and risk. A lawyer who understands the business model and the human dynamics behind the conflict is worth their weight in gold.”
Commercial awareness is something Shen Yi also highlights. “It depends on your area of practice. If you do construction disputes, some knowledge of basic engineering or construction practices is useful. If you fight financial type cases, a knowledge of basic accounting helps one understand the commercial motivations and incentives of the parties. If you do shareholder disputes, often some knowledge of valuation principles helps, especially when cross examining experts. So an on-the-job education beyond the law is a common side effect of legal practice.”
PARTING WORDS
In closing, we asked our interviewees to share a piece of advice they would give their younger selves. While some reflected on navigating major disputes, others offered broader guidance shaped by their own journeys.
Kelvin: Risk management, as you always have to advise clients properly and comprehensively.
Wendy: Unanticipated developments are inevitable in a major litigation. Take a deep breath, and trust in your preparation and ability to navigate them!
Simran: Look for the type of legal work and the team that suits you best. Once you get this right, you will find it so much easier to find fulfilment and sustain yourself in through the many demands and pressures of a career in law.
Shen Yi: Figure out the critical path. This refers to both the substantive merits and the process. What is the line of argument on the facts or law that takes you from where the client is, to the end point the client wants? What is the most effective process that gets us there? That allows you to separate the must haves and must dos, from the nice to have and nice to do.