[Column] Attorney Kim Jonghyeong: "A Lawyer Is Just a Tool, the Key to Victory Is Communication"

Clients caught in the whirlwind of legal disputes often find themselves stepping back, relying on the expertise of their lawyers.

The vague expectation of “I’ve hired a lawyer, so they’ll handle everything” can lead to passivity, and such passivity often results in missing the crucial keys to victory.

However, Kim Jonghyeong, attorney at Onse Law Firm (age 61, 27th class of the Judicial Research and Training Institute), emphasizes that winning is determined at the intersection of the lawyer’s legal interpretation and the client’s active clarification of the facts.

Attorney Kim has served as a prosecutor and senior prosecutor for 17 years at major prosecutor’s offices nationwide, including Seoul (Western and Northern District Prosecutors’ Offices), Incheon, Busan, Daegu, Changwon, and Jeonju.

He is known for his dedication to uncovering the truth in complex and multifaceted cases as an investigative prosecutor at the front lines for many years.

In particular, his practical experience in property crimes-such as fraud, embezzlement, and breach of trust-is unrivaled.

According to the Supreme Prosecutors’ Office’s ‘2024 Crime Analysis’ data, property crimes-such as fraud, embezzlement, and breach of trust-account for over 40% of all criminal offenses, with fraud cases in particular showing an increasing trend each year.

Attorney Kim, who understands the logical structure of investigative agencies better than anyone, has a precise grasp of exactly at which point allegations are substantiated and where counter-arguments can be constructed.

This is not just theoretical legal knowledge, but the result of a living intuition honed through handling thousands of real-life cases.

The principle that Attorney Kim upholds for winning is “thorough and precise questioning.”

Recent National Police Agency statistics indicate that the rates of non-prosecution and acquittal for fraud cases are rising compared to the past, suggesting that failing to identify key issues in the initial response makes it much harder to uncover the truth.

In fact, Attorney Kim has achieved many results based on this relentless approach.

In criminal cases, he led to indictments in cases such as a 5.5 billion won fraud case and a fraud case involving exclusive distribution rights, both of which had previously been dismissed or resulted in acquittals, by conducting meticulous legal reviews.

Furthermore, to prevent unjust outcomes among the more than 30,000 annual sex crimes, he appealed sex crime cases (such as illegal camera recordings) that had been dismissed, bringing them before the judgment of justice.

His achievements in exercising the right to defense are also notable.

In a 280 million won fraud case, he thoroughly challenged the credibility of a co-conspirator’s testimony and won an acquittal. In cases involving violations of the Act on the Aggravated Punishment of Specific Economic Crimes (fraud) worth 1.6 billion won and violations of the Food Sanitation Act, he logically demonstrated the lack of incriminating evidence and secured acquittals.

When individuals become involved in a case, their perspective tends to narrow, and it is easy to become mired in emotional responses.

Attorney Kim advises his clients to adopt the perspective of a public problem-solver, such as a mayor or a member of the National Assembly.

This aligns with the “psychological distancing” theory discussed in psychology and cognitive science.

By placing oneself in the position of a third party or decision-maker and viewing the case from that vantage point, clients can step away from subjective bias and see the case more objectively.

By considering how they would resolve the issue fairly if they were the mayor, or what legal grounds they would use to counter the other party’s claims if they were a legislator, clients can identify issues and evidence they might otherwise have missed.

This strategic perspective proves powerful in civil litigation as well.

For example, in a case that had lost entirely at the first trial, he overturned the result to a victory worth 150 million won by changing the cause of action-demonstrating the synergy created when the client acts not as a passive recipient, but as a partner who develops strategy together with the lawyer.

Attorney Kim Jonghyeong urges clients, “Rather than thinking your lawyer will take care of everything, you must approach your case as if you were the lawyer yourself and communicate actively with your attorney.”

He believes that since lay people unfamiliar with civil and criminal legal issues will not receive answers unless they ask, it is essential to meticulously confirm key issues in order to achieve a favorable outcome.

When clients are proactive participants rather than bystanders, actively communicating and identifying issues together, the combination of the lawyer’s legal expertise and the client’s factual knowledge can create explosive synergy.

His cool-headed analysis and meticulous verification process, rooted in 17 years of prosecutorial experience, continue to produce tangible results in the courtroom today.

원본보기 아이콘

Attorney Kim Jonghyeong of Onse Law Firm

© The Asia Business Daily(www.asiae.co.kr). All rights reserved.