Super Lawyer

Author: Aashish Ahuja

  • Roumita Dey, Associate, Agama Law Associates, on how to represent clients on behalf of the firm

    Roumita Dey, Associate, Agama Law Associates, on how to represent clients on behalf of the firm

    Roumita Dey graduated from Jogesh Chandra Chodhuri Law College (under the aegis of Calcutta University), Kolkata in 2015. At present, she is practicing corporate law at Agama Law Associates and represents clients on behalf of the firm on a daily basis.

    She drafts legal notices, legal responses, the case for opinion, Service Provider Agreement, Leave and License Agreement, IT contracts, Response/Counter-claim, etc. and is doing research work in all areas of law using Manupatra, SCC Online, Think Legal, Indian Kanoon, etc. research engines.

    She also writes articles on various areas of corporate law on a monthly basis for the firm’s blog and contributes legal updates/day-to-day legal developments in the industry in the update session

    In this interview she talks to us about:

    • Her experiences during the internships.
    • Primary essentials of a good corporate lawyer.
    • The kind of interest one needs to pursue law.
    • Current scenario of studying corporate law as a career option in India.

    What brought you into studying law as your profession?   

    I am a first generation lawyer in my family. I have chosen Humanities in my Class XII board exams and successfully passed with higher grades. Law was never in my mind that time. I was more inclined to do a simple graduation course and decided to pursue MBA later in my future. My father is a business person, and we have a family lawyer cum family friend who advises my father with regards to property related matters and also his business. My parents visited the district court in Kolkata for the purpose of property registration a couple of times and gradually influenced by seeing the lawyers advising their clients and arguing inside the courtroom. As a result, they encouraged me to take up law seriously, and I believe that my parents have seen that spark in my eyes that I was born to become a lawyer. However, I sat for the LL. B joint entrance examination of Calcutta University and have secured good rank and enrolled at Jogesh Chandra Choudhuri Law College, under the aegis of Calcutta University. To be very frank, I chose law pretty accidentally. It was more like law have chosen me and brought me into this profession. However, after enrolling myself in the B.A.LL.B course, I have started achieving good marks in the subjects and interned in big firms one after another and today I am a qualified lawyer practicing corporate law.

    Any remarkable experiences during your internships that shaped your career choices later?

    Yes, indeed the experience of working with different law firms helped me to take the proper decision of which law to specialize to flourish in my profession or I may say internship experiences shaped my career choices later on. I have done two litigation internships, where I was mostly allotted work relating to assisting senior advocate to draft affidavits, rejoinder, legal notices and to accompany senior associates to the court. Apart from these two litigation internships, I have also interned under a senior advocate of the district and sessions court (Kolkata) to gain knowledge of how the district court works, or I may say to witness the life of a litigant. However, frankly, I have not explored much during my internship days. However, after doing litigation internships, I have applied for internships in Tier – I firms in India like Trilegal, Amarchand & Mangaldas, a mid-sized law firm like Argus Partners, where I may get the flavor of corporate law. In light thereof, I have successfully interned in the aforementioned law firms and was mostly allotted research work relating to company law, securities and banking law, property law, electricity law and basic drafting work. I was also involved in the due diligence of QIP (‘’Qualified Institutional Placement’’)/due diligence of the private placement of a public company being undertaken under the supervision of the capital markets team of Amarchand & Mangaldas (Delhi Office). It was an excellent opportunity to learn and to get the chance to work with the seniors of one of the elite law firm in India. Trilegal also was another enriching experience to learn how to take the advantage of research engines and how to conduct research on case laws. These internships made me realize that corporate law is the field to explore, and there is a lot for me to learn in this field. Hence, I wanted to join a corporate law firm after graduation to be able to realize my potentiality in this field.

    What do you think is the kind of interest or aptitude one needs to pursue law?

    I am giving a quick snapshot of the abilities and skills/values; one should possess to become a lawyer or those who needs to pursue law in future. I believe the following list of core skills and values would suffice for every budding lawyer:

    1. Inquisitive: A good law student or an aspiring lawyer shall possess an inquisitive nature. Curiosity drives a person to probe and ask revealing questions. The inquisitive attorney will peel back the layers of a case, going deeper, asking for more information. This skill is necessary because it is often the small, unnoticed details that can make or break a case.  A good lawyer asks questions because they are not satisfied with accepting surface information. They know there may be more facts underneath the evidence presented.  Their inquisitive nature will push them to uncover that information.                                                                        
    2. Problem Solving Abilities: Being a problem solver is one of the root skills of any attorney. People hire lawyers because they either have a problem or are trying to avoid one. Possessing excellent problem-solving skills allow the lawyer to find solutions even when none are immediately apparent.
    3. Symptomatic Reading: Attorneys will have to read a great deal of material when they take on a client. It may be court documents, witness testimony, contracts, case law, or a myriad of other text. It is easy for anyone to skim over the information and take it at face value. Unfortunately, this can prove detrimental to a client. Moreover, law students or whoever would like to pursue law have to make a habit of reading much stuff.                                                                                                   
    4. Writing Skill: Having the ability to write well lays a solid foundation for all the documents a lawyer must write such as arguments, contracts, and legal letters.                                                                                             Written communication is a primary way that information is distributed and recorded.
    5. Conversation/ Articulation Abilities– Just as writing skills are essential, so too are verbal skills. An attorney will find it necessary to shift gears in their verbal communication style. One day they may need to speak in an authoritative manner with persuasive speech during an important trial. The next day a lawyer may need to meet with a grieving widow requiring sympathetic conversation in reassuring tones. Conversation skills are more than just the ability to say the right words. The words also need to be expressed in a proper manner.                              
    6. General Investigation/Research Skills: Law students and attorneys have to spend hours investigating and researching information for clients. Attorneys must be able to know how to perform research with speed and accuracy, and confidence in the authority of the source. If they do not know where to look for the right kind of information; their research may be flawed and inaccurate. If an attorney cannot investigate quickly, they may get bogged down and unnecessarily waste much time.    
    7. Organization / Management Skills: The attorney will also need to possess excellent time management skills. They will need to stay aware of deadlines, meeting schedules, court dates, and travel itinerary. Even simple cases will require some level of calendared items. Most attorneys will have to balance several of cases at once. This requires a high degree of time management and organizational skills

    What are the primary essentials of a good corporate lawyer? How do you say a fresh graduate can work on building these skills?

    In a nutshell, the primary essentials of a good corporate lawyer are as follows:

    1. Collaboration skills
    2.    Emotional intelligence
    3.    Financial literacy
    4.    Project management
    5.    Self-driven
    6.    Technological affinity
    7.    Time management, and,
    8. Hard working.

    A fresh law graduate should work rough day to earn these skills mentioned above along with lots of patience and effort.

    How can one learn to draft a legal notice?

    To draft a legal notice one should be aware of the relevant provisions of the Companies Act, 2013. If the notice is regarding asking information from the Company as a shareholder, i.e., ‘’Requisition Notice’’, then one should refer the provisions of Companies Act concerning inspection of books of accounts, register of members, financial statements, etc. If the notice is regarding mismanagement of the company, one should refer the relevant provisions of the Companies Act concerning oppression and mismanagement and should be aware of the Term Sheet of such company. If the notice is regarding employee dispute, one should be aware of the clauses of the employment agreement. Additionally, to draft a legal notice related to company disputes one should refer AOA & MOA of the Company along with the correspondences shared between the persons concerned.

    How can one legally update himself?

    One should spend time every day at least for half an hour to go through the websites like PRS Legislative, SEBI, RBI, MCA, CCI, IIPRD, etc. to update himself legally.

    Corporate Law sometimes comes with a humongous workload. What made you gravitate towards this field? How do you manage the workload and your personal life?

    To be very frank, for a fresher like me, personal life became a secondary or the least thing to bother at the moment. My priority is work and to learn stuff as much as I can to grow in this field. I work beyond my job hours and even in weekdays to finish my stuff. I never regret not attending my cousin’s wedding or other family events because of my engagement with my work. Corporate law is indeed very stressful for a fresher to pick up the work and learn from the senior associate or a partner in any organization. Frankly, I do not know how to balance work life and personal life together. I am not the perfect person to give advice on how to manage the workload and your personal life. However, one should take a break and refresh himself/herself whenever he/she can.

    What should a student do so that he gets placed in a reputed firm?

    1. A law student should have good CV with a handful of good internships, paper publications, and other extra-curricular activities to get selected for the interview at any reputed law firm.
    2. After getting selected for an interview, a law student, whoever apply to reputed law firms, should crack the interview at first go.
    3. I think, after cracking the interview in one go, half of the battle is won by him/her to get placed in a prominent law firm.

    Did you find that your law school education had prepared you sufficiently for the many tasks you were required to execute during your internships and later at your job?

    To be very frank and honest, I have studied in a traditional law school and hence, it did not prepare me for the tasks which I am required to do in the course of my employment with a law firm. Internships have given me the overview of how the law firm works and what kind of work an associate should do while working with a law firm after the graduation. I have simply learned from the scratch with respect to drafting and how to do an exhaustive research, from my partner of the law firm, where I presently work as an Associate. My partner teaches me every day from writing an email to the client to draft any document and what the exact format should be for drafting. She also taught me how to keep track of the clients’ mandates and how to keep myself legally updated to survive in this rat race of lawyers, and that is how I grow as a lawyer.  I think most of the fresher like me, whoever studied in any traditional law school learn everything from the scratch in the workplace where they join after their graduation.

     

  • Ankur Mishra, Associate Attorney, on how to draft patent specifications for Indian, Malaysian and Canadian Patent Office

    Ankur Mishra, Associate Attorney, on how to draft patent specifications for Indian, Malaysian and Canadian Patent Office

    Ankur Mishra graduated from KIIT University, Bhubaneshwar in 2013. At present, he is an Associate Attorney at KAnalysis Legal, New Delhi.

     

    He has an experience in drafting patent specifications for Indian, Malaysian and Canadian Patent Office. He drafts responses to objections in patent applications and conducts patent prior art search and trademark search. He also prepares Patent application, Trademark application, Copyright and Design registration applications.

     

    In this interview he talks to us about:

    • The importance of Science background for patent drafting and prosecution.
    • The importance of choosing honors in IP during LL.B. course.
    • The strategy before drafting and filing a patent application to avoid potential infringement.
    • Obtaining patent protection in foreign countries.

     

    Most of our readers are young lawyers and law students. How will you introduce yourself to them?

     

    Current Association: Associate Attorney at KAnalysis Legal, New Delhi. I graduated in B.Sc. LL.B (Hons. in IP) from Kalinga Institute of Industrial Technology (KIIT) University, Bhubaneswar in 2013. It is very important for a law student to decide the interested area of law in which they feel interested and comfortable to pursue their career. Since I opted for B.Sc.LL.B with biotech as a major subject in B.Sc., interest for Patents and general I.P developed in me. During the second year of the course, the students should focus on the interested area of law which they decide for their career. I decided to honors in Intellectual Property Law after the second year during my LL.B course. I interned at several I.P Law firms in their patents and trademark department which provided me the opportunity to learn the practical aspects of the I.P Law and then I was able to appreciate the theoretical knowledge with practical skills required for patent drafting and strategy for I.P rights. After completion of my LL.B course, I have been associated with I.P law firm in New Delhi and working in the areas of Patents, Design, and Trademarks law since 2013.

     

    Why is Science background necessary for patent drafting and prosecution?

     

    Science background is important for the drafting of a patent application and prosecution because generally the patent applications comprise of scientific terms. The drafter should have a sound knowledge of the scientific terms in order to draft an excellent patent application and provide the best disclosure without any confusion in the minds of the examiner examining the application. If the drafter understands the scientific terms, then he/she is able to appreciate the invention much better throughout the specification. Science background helps you appreciate the different compositions, parts, components or methods of the inventions. An invention may comprise of various scientific knowledge, methods or components which the inventor has disclosed to you along with the invention, but they all cannot be claimed, having a science background here will help you to highlight the portions of the inventions to be claimed. Science background helps you in preparing your submissions before the examiner during prosecution of the patent application. It helps you differentiate your invention from the other already existing prior arts.

     

    What is the importance of choosing honors in IP during LL.B. course?

     

    IP is an emerging field; IP plays an important role in today’s competitive world. A company with strong IP rights can flourish with a tremendous speed in the market. Companies, industries, and commercial organizations are becoming more diligent about protecting their IP rights and hence there is, and there will be demand for IP professionals in the legal field too. Choosing for honors in IP will provide students gain much deeper knowledge than the general IP course because in IP honors almost all the areas of IP are taught elaborately which will help during practical implementation. Since IP law is an emerging area in the market, those who are opting for IP honors will always be preferred in the IP industry.

     

    What is the importance of internships at IP Law firms?

     

    Internships in IP law firms provide the students to learn the practical aspects of IP Law. Internships provide the basic practical knowledge and skills required for starting a career in IP Law. Internships in IP law firms provide the student to learn the rules and regulations to draft and prosecute the IP applications. There are several forms which need to be filled and filed along with the IP applications in compliance with various Rules; internships provide exposure to those Rules and forms.

     

    What should be the strategy for drafting and filing a patent application to avoid potential infringement?

     

    The attorney should run extensive prior art search in order to determine the novelty of the invention. Sometimes it happens that the invention thought to be a novel by the inventor is available in the prior arts. If the invention is similar to already patented inventions, then it will result in infringement of the already existing patent. Analyzing the prior arts prevents the applicant from the huge loss of money and time if the invention is not novel because litigation and attorney fee may cause a huge expenditure to the applicant in case of infringement. So it is advisable that the applicant must always ask the attorney to do a detailed prior art search and provide an analysis of the similarities and differences between their invention and the prior arts. The applicant must analyze the Prior Art Report provided by the attorney and accordingly decide the future course of action.

     

    When should I begin investigating the patentability of my idea?

     

    The moment the inventor develops the idea for invention he\ she should immediately start searching for the relevant prior arts and determine the novelty of their invention. Delay in investigating the patentability may result in losing time and money to the inventor.

     

    What is the first step to obtaining a patent?

     

    The first step to obtaining a patent is to file a provisional patent application as soon as possible and then work on the invention thoroughly to file a complete specification within 12 months from the date of filing the provisional application.

     

    How long does it take to get a patent?

     

    It takes around three to four years in India and US to obtain a patent.

     

    Someone else is making or selling my patented device. What should I do?

     

    There are few steps required to be taken before determining the actual infringement by another party. First, you should compare your patent with that of the infringer’s products. It sometimes happens that the infringing product or method might seem to be the same as the patented one but they might very well different in the technical aspects. Secondly, the patentee should compare his/ her claims with infringing products or methods; then the patentee has options to proceed legally against the infringer. The patentee can send a ‘cease and desist notice’ to the infringer demanding immediate withdrawal from manufacturing and selling the products. The patentee may then offer the infringer to enter into patent licensing agreement. If the infringer agrees to enter into a licensing agreement, then it will benefit the patentee regarding royalty. If the infringer does not comply with the cease and desist notice then, in that case, the patentee has the right to file in an infringement suit against the infringer and claim monetary damages as well as an injunction.

     

    I would like to obtain patent protection in foreign countries. How should I proceed?

     

    For obtaining patent protection in foreign countries, the inventor should file foreign application within 12 months from filing the initial patent application which the applicant wants to take as a priority. The inventor can also file a single patent application under the Patent Cooperation Treaty (PCT Application) and take it as priority application to file a patent in signatory countries. The applicant after filing PCT application should file a national application in signatory countries within 30 months from the date of PCT application (31 months in a case of European Patent Office). The inventor can also directly file a foreign application with the respective Patent Office of any country where he/ she desires to obtain patent protection.

     

    What is the proper way to use a trademark?

     

    Before adopting any mark as a trademark for any product or services the applicant should first determine the availability of the mark to be used as a trademark. The applicant should request the attorney to conduct a search for the similar trademarks already applied, registered or is already being used by another party. If the mark is not being used, applied or registered by anyone then in that case the applicant should immediately file the trademark application. The applicant should use the applied mark extensively and if possible, should show the prior use of minimum three years before filing the trademark application. However, the applicant can also file a trademark application comprising any mark, logo or device which is proposed to be used by the applicant in future.

     

    Who can register a trademark?

     

    Any person including organization, associations or company who has been using the mark or intent to use the mark in future may apply for trademark registration.

     

    What are the steps to trademark registration?

     

    Steps to trademark registration are:

    (1)  Filing of a trademark application with a prescribed fee of Rs.4000.

    (2)  Issuance of an application number by the registry.

    (3)  Examination of the application.

    (4)  Issuance of an examination report comprising objections of the registry.

    (5)  Filing written response to the objections raised by the registry.

    (6)  Appearing in hearing. The applicant may also file an affidavit of use with supporting documents during the hearing.

    (7)   If the application is accepted, the registry will issue Letter of Acceptance and publish the mark in official trademark journal. The trademark application is open for the opposition after publication; the opposition should be filed within four months from the publication date. If there is no opposition, then the registry will issue the registration certificate.

     

    What guarantee is there that an application won’t be rejected?

     

    There is no such guarantee. There are several grounds prescribed under the Trademarks Act for refusal and removal of a trademark. If the trademark application abides by all the conditions and rules required for registration then, in that case, there are 100% chances of registration.

     

    What should be your advice to our readers?

     

    Intellectual Property Law is an emerging area as a career for law students. One who wishes to pursue IP as a career must be focused and shall study specialized course in IP. If a student possesses science background, then it becomes a bit easy for him/ her to draft and prosecute patent applications. Trademarks, Designs, and Copyrights are other IP areas which do not require much technical background, knowledge of general IP laws will help. Students should pursue internships in IP law firms to get practical knowledge about IP applications and their prosecutions.

    Individuals and corporates should be very diligent about their IP rights and should take all the measures to protect them because in today’s world ‘everything is IP and IP is everything’.

     

  • Shweta Luthra, An independent Legal Consultant, on switching from Corporate Law to Criminal Law

    Shweta Luthra, An independent Legal Consultant, on switching from Corporate Law to Criminal Law

    Shweta Luthra graduated from National University of Juridical Sciences, Kolkata in 2007. Her research, which started in 2011 and is still ongoing, is focused on the socio-legal aspects of fitness to plead and stand trial in English and Indian Courts. It involves a comparative analysis of the trial procedures for defendants who are charged with criminal offences, but are unable to plead or participate in their trial, as a result of mental disabilities.

    She currently acts as the external member on fifteen ICCs and as a legal consultant to many other organisations. She has worked with IISc (Indian Institute of Science), KEONICS, Orange County Hotels and Resorts, Skyway International Tours and Travels, CMCA (Children’s Movement for Civic Awareness), the Nature Conservation Foundation and Quikr. She also provides consulting services to a global technology support company with over 5000 employees in India alone, a global MNC providing customer engagement software and services, and a leading Life Science and High Tech company.

    In this interview she talks to us about:

    • Her areas of interest and developing expertise and knowledge in these fields.
    • Biggest hurdles faced in her career.
    • Her experience at Amarchand & Mangaldas.
    • Her experience as a trainer, legal consultant and external member to ICCs on sexual harassment matters.

     

    How would you like to introduce yourself to our readers?

    I am a legal professional interested in aspects related to human rights, especially those of persons with mental illnesses and victims of sexual harassment, since their issues have not received as much attention (until quite recently) as other issues.
    An Alumni of NUJS, Kolkata (2007 batch), I worked with AMSS Bangalore for two years before deciding to follow my true interests and joined the University of Oxford in 2009 to read for the MSc in Criminology and Criminal Justice (Research Methods).After completing my MSc, I started my Ph.D. at the School of Law, the University of Leicester on a part-time basis, which I am still pursuing.
    Since 2013, I have taught Principles of Criminal Law at Christ Law School, Bangalore as guest faculty and now work with an NGO, SASHA (Support Against Sexual Harassment), where I provide legal consultancy on matters relating to sexual harassment at the workplace.

     

    What inclined you towards legal education?

    As a child, I really enjoyed puzzles and mysteries. As I grew older, this interest moved towards brain teasers, and then towards logical reasoning and analysis. While I would have preferred to become a detective, that did not seem to be a very stable career option! I was also excellent at arguing (not just debating) and seriously considered becoming a criminal lawyer. When I got accepted at NUJS, studying law seemed like an excellent career prospect.

     

    What were your areas of interest while you were in law school? How did you go about developing expertise and knowledge in these areas?

    What I found most interesting at law school, was criminal law. What I did not realise then, was that my interest lay more towards the psychological aspects of crime and the socio-legal aspects of criminal law, rather than substantive or procedural law – why certain acts are considered to be criminal; why the same acts and behaviours that are punishable offences in some countries, are not criminalised in others? Most importantly, why, despite knowing that an act would result in punishment, people still continue to commit crimes?

    I was not at all sure where I would go with these interests. When you think of criminal law, you immediately think “litigation”, as did I. To that end a majority of my internships were with litigating lawyers – at all courts (trial to Supreme Court), and while I enjoyed trial court litigation most, I was not convinced enough to make a career out of it.

    By 3rd year, my interest took me towards criminology (which I chose as an elective), and during my summer vacation, I decided to conduct some research on the treatment of mentally disordered offenders. For this, I interviewed nearly 30 mentally ill persons who were either under trial or convicted and serving time at the Bangalore Central Prison. I spoke to mental health professionals and prison psychiatrists about the treatment received by such prisoners and realised what an abominable state they were in. It was this project that ultimately defined my career. My M.Sc dissertation and Ph.D. thesis, both are related to mentally disordered offenders and how law and society, both need to change to improve their situation.

     

    What do you think were the biggest hurdles and challenges in the early days of your career? How did you deal with them?

    Despite wanting to work in the specific area of criminal law relating to the mentally ill, I had no idea where to start, and with the pressure of placements, I applied for a job in corporate law, just like everyone else. My only corporate law internship had been with Amarchand Bangalore (in my 4th year), and when they offered me a PPO, I accepted it. It’s hard to refuse such an offer, especially against peer pressure as well as family pressure. Most families do not want their daughters running around prisons to speak to convicts suffering from Psychosis.

    While I adjusted to the job at Amarchand, I never really felt excited by it.A big challenge for me was the long hours required of a capital markets lawyer. Markets were booming at the time that I joined, and there was more work than we could comfortably manage. It’s easy to burn out quickly when you do not see yourself making a career out of that job. But, the biggest hurdle for me was to convince my family that I wanted to leave a coveted high paying job in order to enter into completely unknown territory, with no clear career prospects.

     

    How was the job interview? Do you remember any of the questions asked to you? Please give our readers some tips to nail a law firm interview.

    A lot of the questions asked during these interviews are about your personal opinions and aspirations. They want to know about the sort of person you are and whether you would fit into that particular law firm culture. They want to know where you see yourself in 5 or 10 years. What could you bring to that law firm, that is unique? Sometimes, they also ask you for your opinions on current legal affairs.
    While many applicants are quite scared to answer these questions because they want to sound impressive, the thing to remember is that there is no right or wrong answer. Rather than expecting a perfect answer, I believe that recruiters want to know if you have the ability to self-introspect and whether you have any future goals or not. Whether your aspirations are limited to getting the highest paying job at a huge law firm, or if you have actually thought of a long term plan. They also want to know if your knowledge is limited to what you have been taught in the classroom, or are up to date with and can critically discuss what is happening in the world.

     

    Describe your experience at Amarchand & Mangaldas. Why did you shift from Corporate Law to Criminal law and research?

    I was assigned to the capital markets team along with a majority of the new recruits. That is something that I was clueless about, never having worked in the area. But, considering the IPO boom at that time, they needed all hands on deck. I learned quite a lot during my two years there, but I missed my prison research and finally decided to study further, but not law – I wanted to study criminology and criminal justice. When I got accepted at Oxford, there was no looking back.

     

    What can help a student get through the application process at the  University of Oxford? How different was the work environment at that University?

    Unlike many high ranking global universities, Oxford does not put as much weight on your previous academic record, as it does to your potential.

    To gauge this, in addition to the statement of purpose, which is the most important part of your application, you are also required to submit two essays on subjects of your choice (not necessarily related to the course you are applying for), through which they analyse your ability to write, research and think critically. The latter is essential – Oxford looks for uniqueness rather than the ability to score high marks in exams. They would like to know that their students are interested in long term achievements rather than just a degree.
    I had an average GPA and was ranked in the middle of my class, but they took me anyway. I believe what they found interesting, was my research and ideas on the law related to Mentally Disordered Offenders.
    They also ask for three references, instead of the usual two – one of which needs to be non-academic.

     

    Please share a bit about your Ph.D. research experience with medical and legal professionals in India.

    My Ph.D. relates to the socio-legal aspects of fitness to stand trial for persons with mental disorders. I am looking at trial procedures followed in India and England if the accused is suffering from a mental disorder that prevents him from participating in his defence or from instructing his lawyers.

    During my research, I realised that legal professionals in India know very little about this area of law, and many steers clear of it. There are cases of mentally disordered offenders being imprisoned as under-trial prisoners for decades!A factor that further intensifies the implementation of this law is the stigma attached to mental illness, which prevents many from admitting that they are unwell, and therefore not fit to undergo a normal trial.

    On the flip side, until quite recently, this law could be misused very easily – there have been many cases where families who wanted to rid themselves of the responsibility of a mentally ill relative, accused them of criminal offences like rape or sexual harassment and then let them stay in jail until a proper trial, indefinitely. When India ratified the United Nations Convention on the Rights of Persons with Disabilities, many changes were brought into the Indian legal system. More than sixty Indian legislations that related to disabled persons (including persons with mental disabilities) are currently being reviewed and amended in order to harmonize them with this convention. That is currently the main focus of my research.

    When I started my research and conducted pilot interviews with legal and medical professionals, I realised that a major issue in India was not lacuna in the law, but more as a result of our legal culture and society. Besides the lack of awareness of these legal provisions, there are also contradictions between the medical and legal definitions of concepts like insanity and disability, in addition to how such persons should be treated. My Ph.D. may not be able to resolve these issues, but I aim to bring those issues to light, that have previously been ignored or disregarded.
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    How did you become a legal consultant? What are the skills one must acquire to become a legal consultant?

    SASHA actually happened quite unexpectedly. In 2014, I was approached by Kanti Joshi, an old family friend who convened SASHA, as she was looking for lawyers to join her.Since the notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in December 2013, she had suddenly seen an upsurge in her work as there was an immediate requirement of experts in this field. I attended a few of her sessions, read about the requirements under the law and realised that very few lawyers had this expertise.

    I was instantly drawn to this issue because in, addition to its relation to human rights and criminal law, it is another issue that has been ignored for too long.I initially started conducting awareness and training sessions on sexual harassment, and as I gained experience, I started analysing the law and became an external member of Internal Complaints Committees and also started providing legal consultation on this subject to other companies, who already had external members, but required expert knowledge of how to handle certain complicated cases.

    As such, there is no specific skill set required to become a legal consultant. In fact, lawyers working at law firms are legal consultants. Providing consultation is simply a practice, where instead of providing litigation services, the lawyer provides legal advice to individuals or businesses. However, most legal consultants have expertise in particular subjects. A big advantage for me has been the fact that as an independent legal consultant, I can keep my own work timings, and usually work out of my home office. I am very family oriented. I have a four-year-old son, with whom I get to spend a good amount of time, despite having a successful career. Also, as a result of this flexibility, I am able to dedicate a fair amount of time towards my Ph.D. research.

     

    Share your work experience as a trainer, legal consultant and an external member to ICCs on sexual harassment matters.

    The Sexual Harassment Act requires every organisation with more than 10 employees to have an Internal Complaints Committee to deal with cases of Sexual Harassment.For this, they need training on the provisions of the law as well as an external member who is either a legal professional or has expertise on this subject. The law also requires these organisations to conduct awareness sessions for the prevention of sexual harassment in the workplace.

    At SASHA, we provide all these services. Presently, I am an external member on the ICCs of 17 companies, where I assist them in resolving sexual harassment complaints. I also conduct training and awareness sessions for various organisations including hospitals, educational institutions, BPOs, IT companies, companies in the manufacturing, travel and tourism sectors, as well as various government departments and corporations.

    Despite our efforts, and efforts of other similar organisations, there is still some resistance to comply with this law. Many organisations are hesitant to sensitise their employees towards sexual harassment law, as they are worried that the provisions of this law will be misused. Their negative opinions towards this law include the fact that this legislation is just a political gimmick and that creating this law has resulted in giving power to women employees to retaliate against their superiors when unhappy with their professional progress. While not unfounded, these fears are a result of a lack of knowledge of the new law.

    Sexual harassment is a universal problem, unrestricted by financial or social status or the type of organisation one works for. No employer can be blamed for the behaviour indulged in by their employees, but closing their eyes to it is also not feasible. Many victims do not come forward with their grievances as they are unsure of what acts and behaviours amount to sexual harassment, and are unaware of what to do if faced with them. Many also do not have enough faith in their employer to deal with a complaint in a sensitive and supportive manner.

    It is my aim to spread as much awareness as possible, as I believe that to be the most effective way to bring about the desired impact.

     

    What would be your message to our readers?

    Don’t concentrate only on the subjects that are taught in law school. Learning about procedural and substantive laws is important, but what is more important, is how you practically apply that knowledge in the real world. I think internships are the best way to gather this knowledge. An internship can help you to understand the realities of the legal profession. You may learn Contract law and Company law at school, but you do not learn how to draft a contract or negotiate it.
    Also, you may not realise that you enjoy a specific field of law unless you have worked in it, so you should try your hand at internships in a variety of fields. In addition to learning the practice of law, internships are a great forum to learn from the experiences of professionals working in that field.
    Most importantly, keep an open mind. Litigation and Corporate Law are not the only options for legal professionals.

  • Abhishek Sinha, Associate Partner at Khaitan & Co., on how to gain expertise in Corporate Law

    Abhishek Sinha, Associate Partner at Khaitan & Co., on how to gain expertise in Corporate Law

    Abhishek Sinha is a dual qualified (England & Wales and India) corporate lawyer with a post-qualification experience of more than ten years. Prior to joining Khaitan, he was working as a ‘Partner’ at Shardul Amarchand, Mumbai. He started his career at a leading law firm in Mumbai (DSK Legal) and later joined the Mumbai office of AZB & Partners. In the year 2012, he was seconded to Morrison & Foerster, Tokyo as an ‘International Visiting Attorney’.    

    Abhishek has been leading transactions involving corporate and commercial laws. Abhishek has wide-ranging experience in advising on private equity matters, as well as structures requiring India entry strategies. He has been involved in various acquisition matters (both domestic and cross-border), contract negotiations, and has regularly advised his clients on investment strategies, joint ventures, strategic alliances, regulatory compliances, exit options and general corporate matters.

    To satisfy his academic inclination, in addition to his legal practice, Abhishek has been a visiting lecturer at ILS Law College (Pune), KC Law College (Mumbai) and Government Law College (Mumbai). He has also handled various academic assignments at several law colleges, including HR College (Mumbai) and the National University of Advanced Legal Studies (Cochin). He has on numerous occasions spoken at several seminars and conferences, including the Institute of Company Secretaries of India and the Institute of Advanced Legal Studies, Pune on issues pertaining to foreign direct investments, due diligence, companies act, the law relating to contracts and related subjects.

    In this interview he talks to us about:

    • Life, law and the choices he made while pursuing it.
    • The work entailed in his position, and the field of corporate law dealt with.
    • The importance of grades at the law school.
    • Importance of socializing in career progression.

    Tell us something about yourself. Where did you grow up and attend school?

     

    Hi! This is the much-dreaded classic question: “Tell me about yourself”! It reminds me of a quote from ‘The Office’ (I think season 5): “Sometimes I’ll start a sentence, and I don’t even know where it’s going. I just hope I find it along the way.”

    I’m a dual qualified (England & Wales and India) corporate lawyer with a post-qualification experience of more than ten years. I graduated from ILS Law College, Pune in 2006 with dual bachelor degrees. Presently, I am working in the Mumbai office of Khaitan & Co, as an associate partner, primarily focusing on private equity transactions. Prior to re-joining Khaitan, last year, I was a corporate partner at Shardul Amarchand, Mumbai. For me, my first office will always remain special, and it must find a mention in this “know me” segment. I started my career at a leading law firm in Mumbai (DSK Legal) and later joined the Mumbai office of AZB & Partners. After a stint of approximately two and a half years at AZB, I joined Khaitan. I have also spent a fair amount of time at the Tokyo office of Morrison & Foerster as an ‘International Visiting Attorney’.

    I grew up in a small town, Ranchi (yes, the same place as Dhoni!) and completed my schooling from DAV Shyamli (yes, the same place as Dhoni!!). Just for my SoBo friends, Ranchi is the capital of Jharkhand (and yes you can google for Jharkhand).

    What brought you into studying law as your profession?

     

    Law, happened to me, just by chance and not the choice. I was a science student and didn’t score well in the entrance test to grab an MBBS seat. My rank in the CBSE PMT was just enough to get me through BDS, and I never wanted to spend my entire life looking inside someone’s mouth. My dad wanted me to join the BDS, and I was just looking for a way out. India Today magazine came to my rescue; ILS was ranked 2nd in the law colleges ranking that year, and I applied because that was the only college where the admission was based on class 12th marks. Mine was the last name in the 1st merit list. But the real motivation to pursue my law degree seriously happened in the 3rd year of my college. The only good thing about myself (I am just being modest, there are a lot of good things about me), is that once I take things seriously, I take it seriously. I worked hard and topped the Pune University in my 3rd and 4th year of college (that’s a different thing that both the years, after re-evaluation results, I was ranked 2nd). Haha!

    After joining the profession, I had the benefit of having some amazing mentors, and I think my ‘student mode’ will continue for a long time as there’s a lot to learn and I have just started.

    What were the activities you were a part of?

     

    I was a very active student in college. Name the ‘cell’ or the ‘committee’, and I was there in it. Apart from all the college activities, I was associated with several NGOs and experimental leadership training groups. I used to enroll for every other diploma/certificate course, thinking it may help me in getting a job. Today, the students have a lot of avenues to get information and then decide what is right for them. For me, it has always been the harder way of “hit and trial method”, but I am not complaining at all.

    Apart from the above, I used to teach in a school in Pune over the weekends and go for my long mountaineering trips by cutting down on my internship period by 10 days (well every internship), sell newspaper subscriptions and insurance products (yes I was an insurance agent from 2nd year to 5th year of college and surrendered my license, right after getting placed).

    If today, I am asked to give a list of top 3 things which is essential apart from attending regular classes, the list will look like this: (i) participating in moot courts, (ii) self-reading and writing articles or research papers; and (iii) internships.

    Tell us about the nature of work you are entrusted with and what’s a typical day like?

     

    Apart from merely leading transactions, involving corporate and commercial laws, I advise on private equity matters, as well as structures requiring India entry strategies. Just to give a quick flavor, my work profile includes advising on various acquisition matters (both domestic and cross-border), contract negotiations, financial investment strategies, joint ventures, strategic alliances, exit options and general corporate matters.

    A typical day at work is the same as any corporate lawyer- attending to client meetings and conference calls; internal meetings, reviewing the documents, responding to emails, etc. However, I make sure that I take out the “me time” for reading the legal updates, chatting with seniors and taking my coffee (and stamina-sticks) breaks.

    To satisfy my academic inclination, I teach at ILS Law College, KC Law College and Government Law College, Securities Law Course, the Institute of Company Secretaries of India (seminars) on issues pertaining to foreign direct investments, due diligence; companies act, the law relating to contracts and related subjects.

    How do you say one can gain expertise in corporate law? What does it take to be a good corporate lawyer?

     

    There’s no strategy or science behind becoming an expert in any area. If you like the subject, half the work is already done.

    I will digress a little bit, but it’s important. Most of the interviews, students are able to answer (to perfection), the questions, which are out of their regular curriculum (like questions on FDI Policy, FEMA). However, a simple question on contract act, sale of goods act, companies act, will make them scratch their ear.

    The short point is, the basics of law need to be absolutely clear. This cannot be compromised if you want to excel (I am not talking about being an average corporate lawyer). All the other fancy laws can be learnt while working. Always remember, Indian Contract Act 1872 is the “mother of all laws”, and you must know it and know it all.

    Having said all this, please make a note that just by knowing the law (or so called being an expert) will not make you a good corporate lawyer. You need to be a team player, learn to logically articulate your point/ position and never be disrespectful in an argument (unless the other person is a bully). Everything else will fall in place.

    How do you maintain a work-life balance? Are there any specific time management tips you would like to share?

     

    Though this is tricky, it’s critical for me. Life of a corporate lawyer is very demanding, so one has to make a conscious effort to maintain this balance. For last several years, this has worked for me (not saying that it has worked all the time):

    • maintaining an effective to-do list (and prioritize matters)
    • effectively delegating and keeping the working team on the same page, up-to-date with the matter so the person next in line can take charge whenever required
    • Learning the art of saying “no.” Sometimes this is the key (Caution: use with care).  

    Most of my friends wake up, shower, and go straight to work. They all complain about having no time to do anything. I make sure that I get at least 3 hours for myself in the morning.This makes me more productive and helps in having a peaceful workday.

    Tell us about your journey from being a student to a partner. Whether life changes after being a partner?

     

    For me, this journey was a natural process. I kept my focus on doing good work and left all other things to my mentors (who never disappointed me). My agenda was to complain only when I wasn’t getting challenging work

    (but that never happened).

    Life doesn’t change if you like your work and have the same vision as the firm. Just be prepared for the responsibility.

    Tell us about your international secondments. How important are these secondments?

     

    The six months I spent in Tokyo with Morrison & Foerster, provided me with a very different kind of exposure. Japan as a jurisdiction is a unique, distinct and process oriented. I sincerely believe that such secondments are very important for everyone who is on track for a leadership role.

    How to excel in what you do? How to become the star of the firm?

     

    There’s no rocket science in excelling in anything you do. You:

     

      • have to be passionate about what you do. If you aren’t, change
      • should keep your focus on quality work
      • shouldn’t get bothered about what people say behind your back (just remember, they are either jealous or simply jealous and that means you are doing good)  
      • Interact with your seniors. You will get to learn a lot, even in a mere 2 min conversation
      • teach a subject at some law school. You will be amazed to see how this will change things in your work life

    select a stream/ segment and be the champion in that enjoy your life.

    • If you keep taking the stress and working all days, weeks and months- what’s the fun in being a star.   

    What is the difference between a hard worker and a smart worker?

     

    A hard worker is a like a horse with blinkers, just running in one direction without a long-term goal. A smart worker will have a 360-degree vision, will prioritize things and effectively manage his time. No one wants to be in office over the weekends!

    Please note that there’s a difference between ‘shirking away responsibility’ and the ‘art of delegation’. As you go up the ladder, you have to be a smart worker, taking the team together towards the collective vision through effective delegation, prioritizing things and being responsible for team’s action.

    How important are the grades at a law school?

     

    If a survey is done, this question will top the list of every law student. We should remember one simple point, anything that reflects on ‘what all and how’ have you done things in your five years (or 3 years) of college life- is relevant, very relevant. I am not in any way looking away from the known concerns on curriculum, a pattern of examination and marking strategy. I am just trying to say things are relative, isn’t it the same for every student taking the exam? So you have to be relatively the best! Period.

    Having said this, I don’t believe that just a good grade is an indication of strong fundamental knowledge of the law, but it’s enough to bring you to the other side of the table for an interview. Isn’t that the first hurdle, which you want to cross anyway.

    Is it important to be people’s person for career progression?

     

    Well, this is a very tricky question. Let me answer this little differently.

    You cannot give importance to a bi-product. However, sometimes, certain bi-products are equally valuable, just like the final product itself. Therefore, the entire process force has to be directed towards the final product, and all other things will fall into place.

    I won’t say that being a people’s person is a critical criterion. But everyone likes to work in a team, which is aligned towards one goal.

    What is the importance of socializing on career progression?

     

    We need to understand that ‘socialization’ as a construct is not a skill-set, which needs to be developed. We are born with it. The entire premise of civilization and society is based on socialization. Ross (well…not Mike Ross!) defined socialization as “the development of the we feeling in associates and their growth in capacity and will to act together.” Gone are those days where a star corporate lawyer used to steal the show! It’s the era of “we & all” and only collective effort of the team makes an individual and the firm successful.

    Please note that socialization in this context doesn’t mean eating, drinking, smoking, partying and/or gossiping together. It means more than this! Having a meaningful conversation with everyone, greeting them, and being there when they need you (work or otherwise) is the construct, which helps you attain that maturity and stability in the system. Having said this, you shouldn’t confuse this with ‘acting in a manner to please others’.

    I feel that today, a firm may be ready to lose a star lawyer who is not a team player rather than a perfect team player. Productivity and effectiveness are directly proportionate to the collective efforts. The standards these days are so high that every other lawyer has same or similar skill-sets as far as the technical/legal skills are concerned. What will differentiate a good lawyer from the rest are the leadership skill and the ability to make team members a part of transaction/ matter they are working on. In my experience, productivity and learning agility of an associate increases exponentially when he/ she gets a feeling of “my matter” rather than “partners’ matter”.

    What message would you like to leave to our readers?

     

    Especially for the young corporate lawyers, it’s important that they:

    • learn to write/ draft in simple English;
    • understand and appreciate the commercial construct of transactions, and
    • understand, the client wants a solution-oriented approach.  

    I am not highlighting the obvious that they need to know the law and keeping abreast with the latest developments/transactions.

    I genuinely believe that I am a risk taker. I know that if I don’t take any chances in this short life, I will have a dull and boring life.Who wants a boring life anyway? Having said that, it doesn’t mean you will succeed every time. In fact, you will fail most of the times, but the good part is the experience you get and the fact that you will never regret “not doing it”. Regretting about things ‘that you never tried’ is worst than trying and failing.

    The short point is that you should do whatever you want to do in life if you feel it’s the right thing for you. Period. Whatever you do in life (good or bad), people around you will speak about you. It’s fine, because, at the end of the day, you are here for the experience and not to just please people around you.

    Also, if you’re good at what you do, there’s no reason you can’t brag about it.

    Always remember, we all ‘work to live’ and not ‘live to work’. Being dedicated is one thing and being in office 24/7 is another. Go out, meet with friends, travel, do something for yourself, and patiently hear everyone but listen to just yourself.

    Fitness is not just an important aspect; it’s essential if you want to enjoy your work as well as your personal life. You just can’t ignore it. I don’t need to explain what needs to be done. Everyone knows it, so don’t be lazy, go out and sweat.

  • Mini Gautam, Independent Legal Consultant, on being in-house counsel, and writing a book

    Mini Gautam, Independent Legal Consultant, on being in-house counsel, and writing a book

    Mini Gautam graduated from ILS Law College, Pune University, in 2010. Presently, she is a Senior Manager in the strategy and planning department of one of the leading infrastructure finance companies in India. She plays a key role in legal strategy and transactions crossing a certain level of criticality and threshold.

    In this interview we speak to her about:

    • Challenges associated with being an in-house counsel
    • The recruitment process in her company
    • Writing her book and the publication process

    You are working in the strategy and planning office of your company. How different is that from a regular legal function?

    I am working in the strategy office of Srei Infrastructure Finance Limited, one of the leading infrastructure finance companies in India with operations of affiliated entities extending into the oil, power, construction equipment leasing, and telecom sectors. The quality of work here is superlative. We are expected to not just pick up and read laws, but to structure and provide practical and workable solutions. The motto is to try and furnish the solution; not just identify the problem. That has helped me to look at everything from a commercial and systematic point of view.

    I don’t want to delve into the philosophy or art of law anymore as a commercial lawyer. I want to know what is it that affects my organization and to what extent. That’s it. Once I have that base knowledge, everything becomes easier.

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    What are the essential requirements that a law student must fulfill in order to pursue a career in financial services? 

    CA, CS, MBA are really helpful for working in corporate law. I don’t have any of these degrees and some of the people who I have had a chance to work with and who have a good grasp of the law and a clear understanding of concepts, do not either. So I will be compelled to say that degrees don’t add the kind of value that practical experience does. In my experience, I have found that the harder and harder you work, the more the number of hours you put in and as a lawyer, that’s pretty much all you need to be successful.

    How would you describe the roles and responsibilities associated with being a senior member of your organization?

    Thankfully, I have been given a good role in my organization. I would think corporate in-house wise, this is probably the best exposure a person can get. The scope of the work is diverse and spread across multiple sectors; so there is never a boring day or repetition of any kind. The learning curve is really good.

    Why did you shift from a mid-sized law firm to a company?

    Moving in-house from a mid – sized law firm was one of the best decisions of my life. Working in-house has made me appreciate and soak in one thing, the beauty of business. The kind of challenges involved in running a company, whether they be on a day to day and operational perspective or whether they are from a structuring and transactional viewpoint. While being in a law firm may help you understand the academic and doctrinaire aspects of law, in-house heaps a whole lot of responsibilities on you that are fundamental to the functioning and sustenance of a corporate house.

    What are the challenges associated with being an in-house counsel?

    The biggest challenge of working in-house is balancing legal and business needs and aspirations. You have to learn to pick your battles wisely; some things you fight tooth and nail for, some things you let go and live to fight on another day.

    As in-house counsel, you have to be thorough with the business requirements; every decision you make is crucial and may have spill – over effects over a long duration.

    You don’t have that much scope to go wrong or make a mistake. Your business teams rely on your judgment entirely. Once you have taken a call, that’s that.

    Would you hire a hard working student or a street smart one? 

    We are always looking for hard-working students to come on board. The willingness to work hard and yes, to some extent, the ability to work smart is the key differentiator between students who get selected as opposed to those who don’t. We don’t want to know how much you already know as a fresher; because trust me, you know nothing. We just want to know how willing you are to be remolded and recast; everyone starts at zero.

    What do you see in candidates when you go for recruitment? 

    While conducting an interview, the one thing that matters the most is the sincerity of the candidate. It is the single most important and deciding factor and is much more relevant than grades or moot courts or paper publications or internships. The practice of the law in any setup is a hard and challenging job. It requires patience, commitment and a dedicated number of long hours. The process we follow for recruitment is giving out assessment internships. We believe that gives both us a chance to review the candidate’s work and also the candidate an opportunity to understand the way we function and most importantly, our thought process. Training of resources necessarily involves having colleagues who can understand the “why” of what you are talking. Once that happens, you don’t need to micromanage or recheck work.

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    What is the role of a mentor in any job?

    A mentor is probably the single most important influence on a job. The majority of people quit their jobs because of the kind of boss they had.

    A good mentor can change your entire perspective regarding your job. The idea is not to micromanage your resources but impose faith in them; so that they take on responsibilities themselves and feel like they are adding worth to the larger scheme of things. One of the biggest mistakes I find is employers who keep repeating phrases like“one will leave ten will come”, “nobody is indispensable,” etc. especially in Indian law firms where the general assumption is that law students are being manufactured by the dozen. A good mentor will make you feel valued so that you put in that extra effort.

    An excellent resource is not easy to find and tougher to retain. Do we really want automatons who will pop out drafts and agreements without application of mind and more importantly, without an iota of genuine interest in what they are doing or do we want genuinely interested, inspired and initiated individuals who are strategically important cogs in the wheel.

    As a mentor at some point in time you will need to realize what is it you are looking for; a false sense of power at keeping track of what time your employees entered and when they left office even if they are playing candy crush under their desks? Or can you let your employee manage his own schedule, deliver good quality of work to you and if required is ready to put in 200% of what his or her capabilities are.

    You can only be a good mentor to someone if you are free from insecurities yourself, and most importantly when your focus is on getting the job done rather than just purely wanting to harass another individual. Your mentee’s growth is also a part of your own.

    What are the challenges associated with being a woman?

    Generally, I don’t feel biased against in any manner being a woman working in a corporate set-up. It is only when I attend meetings and find that in probably eight out of ten I am the only woman in the room that I realize that something is wrong with not just our country but the world over.

    Women generally start with great careers on the same footing as men. But as they move ahead, they fall behind. Marriage, children, the excuses are plenty. Yes, I understand women who are staying back at home to raise kids and look after their families are probably doing something much more worthwhile than what working women can achieve in their lifetimes. But I really hope that these are genuine cases of a voluntary choice made by a woman and not a manipulation or a societal unsaid and yet undeniable obligation.

    What are your long term goals?

    The journey may have been hard and stressful at times but if given a chance I wouldn’t want to change a thing and would retrace my steps to exactly the same destinations. While good experiences are comforting and encouraging in life, it is the bad ones that teach you in ways nothing else can.

    Honestly speaking, I fail ten times a day. I make mistakes, take wrong decisions, don’t understand certain things, may not be able to articulate myself properly, stand up for things that may not be so important while ignoring the ones that really matter, the list is sadly endless. If two years ago somebody had asked me what your weaknesses are; I would have given some smart alec answer and said my only weakness is that I don’t have any. Today, I have matured and understood myself and the world enough to know that I am far, really far behind where I want to reach and that it’s not such a bad thing. I have understood that making mistakes means learning. I have realized that perfection is a notion, not a reality; and you should never aspire to perfection. You should only aspire to growth.

    It’s hard to say what I am seeking or where I am trying to reach with certainty. As of today, I love my work and my job. It is fulfilling and satisfying. But yes, a job cannot be a long-term goal.

    There has to be some ideology or philosophy you subscribe to; something that you are so passionate about that it wakes you up every day with a cheerful buzz in your heart. I am in pursuance of that passion; hope to reach there at some point.

    What would be your advice to our readers?

    My advice to readers especially law students is please don’t take life too seriously. Nothing is life and death issue; definitely not jobs and placements. A job is a means to an end, not an end in itself. Keep your priorities in life clearly demarcated.

    Loved ones always come first, and in that list, you should put your own name on top. If anything makes you feel depressed or unhappy or dissatisfied; there is just no need to do it. There is no rush. Life is not a race. Don’t be in a hurry to get somewhere. Enjoy the journey; the journey is what life is.

    Congratulations on the release of your new book, The Gutter Princess ­ Diary of an (Un)Willing Prostitute. Where did you draw your inspiration from for this book?

    I have always been inspired to write on subject matters which are more relevant to women, how a sex worker came to be the protagonist of my first published novel, is a question I cannot answer definitively. I believe the fact that we do not feel any empathy for women who are prostitutes by choice made me feel really pained from within, because I knew that the word choice was being misinterpreted. A society which cannot provide education or means of sustenance to so many of its members, does not get the moral high ground to judge a woman who chooses to earn a living through an honest means of employment. We cannot accept such women in our fold, whereas we do not give a thought to the men who are availing their services. The fact that our society, or probably any society, carries double standards and prejudices against women is known, the question is, what we are going to do about it. This book is a simple attempt to do something about it.

    What inspired you to consider writing as a serious endeavour? 

    I have been writing since I could hold a pen, it is an outlet for me to express my emotions, happiness and frustrations. I don’t know how I would classify it, as a serious endeavour or as a hobby, one sounds too professional and one too amateur. Writing is a form of art, and it’s hard to classify or compartmentalise art. The only thing that matters is the joy it brings to the artist. I write because it makes me feel happy; the entire process of starting with a word and ending with a tale, a story revolving around characters. The more real and convincing your characters are, the more successful you are as a story teller. Fiction is a bad word; it feels “made up” and “fake,” while it doesn’t have to be so. A story of made up characters can also be as real as anyone’s life story, it all depends on where it takes the reader. I find it sad that people are losing the habit of reading due to time constraints; it is so much easier to curl up on your sofa with Netflix than to do so with a good book. But studies have shown that watching the television can add to depression while reading actually helps in developing cognitive abilities and gives you experiences the telly cannot. There is increasing awareness towards physical fitness; I wish we could also lay stress on mental well – being.

     

     

    What authors or writing would you say has influenced your style of writing? 

    I keep my writing original, and for this reason, I never give my work for feedback or reviews to other people (only exception being my husband) while I am writing, I don’t want my work to be reminiscent of someone else. I read a lot, and have read extensively from classics to contemporary literature, but when it comes to my own writing, I like to keep it as simple as possible, almost as if I am in conversation with my reader. I feel the current market is ripe for such writing, and readers are also in favour of titles which they can resonate with. However, this is no reason for the market to be flooded with only coming of age romance novels, and it is high time it opens up to other subject matters as well. A light, breezy novel is always welcome, but sometimes you need something more, something which makes you think and shakes you from within.    

     

    What are the challenges and learning opportunities that you were faced with in writing this book?

    The biggest challenge for me was that I didn’t want to base the novel on research; I wanted it to come out as a story and not as a documentary. I was writing about the life of a sex worker, but as a form of fiction, and that made it hard. I wanted to write about sexual abuse freely, but you know how it is in our closed society. I received some reactions from readers saying the language was too raw or harsh for them to accept, especially for people from older generations, but that they otherwise loved the content. I accept that with grace, and do not find it upsetting that some people did not like the language as long as the overall message hit them, and they could empathise with the protagonist.  

     

    Being a lawyer involves a lot of drafting and writing; would you say that your background and experience has helped you shape the novel that you have authored?

    Yes, there are fields which may be mutually repellent and there might be ones which don’t really attack each other, but which can go hand in hand. The legal profession is largely one which can accommodate a lot of things, you find many lawyers pursuing their other interests as well. I don’t perceive it is because the profession is less demanding, but because it follows simple common sense and analytical thinking, and therefore a good lawyer can be a good CEO or a good sports analyst or anything else he wants to be. I believe we are blessed, being lawyers, the field is vast and encompassing, and if you really apply yourself, there is a lot which can be achieved while continuing with the practice of the profession.  

     

    Would you consider moving into writing as a full-time occupation?

    I think the moment we make something our full time occupation or profession, we stop enjoying it, and I don’t want to do that with something as pure as writing. I also enjoy being a lawyer, and I don’t feel the need to give up one to pursue the other, not as yet, at least. I write in an erratic and eccentric manner. There are times when I have written five thousand words in a day, and then there are months when I haven’t written a word. I don’t like to force myself to write, but generally, I do keep writing for my own happiness and satisfaction. To honestly answer the question, yes, I am writing another book, whether I will publish it or not, is something I will decide based on how the book shapes up, if it shapes up at all. I started with writing on simpler and sweeter things, but after writing one book on prostitution, I found that a pen is a good weapon to hit masses with, and when you have that kind of an instrument at your disposal, you should wield it wisely. My current book is also on a social issue and has flavours of human bondage in it, but again, I am not sure, when I will complete it, I don’t like to put a deadline on something I am enjoying so thoroughly.

      

    How do you manage your time between your professional commitments as a lawyer and your passion for writing?

    The answer to this question is in the question itself, as you rightly say, it’s a passion, and we can always take out time for something we feel passionate about. The problem generally is not with lack of time, but with, lack of time management. I write because I need to write, it’s almost an involuntary emotion like hunger. As long as I don’t need to complete books based on deadlines, I don’t think the two would have a problem in co-existing. I don’t want to dilute the quality of my writing, and so I’d rather stick to fewer book releases but more meaningful ones. Meanwhile, it’s super being a lawyer.

  • Harshita Khurana, Associate at SAM on what can you do to land job at top law firms

    Harshita Khurana, Associate at SAM on what can you do to land job at top law firms

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    Harshita Khurana graduated from University of Petroleum and Energy Studies (UPES), Dehradun in 2015. She has been the University’s scholarship holder. She holds a medal for being the top scorer of her batch. She has represented UPES both nationally and internationally. She has also represented India in World Business Forum, New York. Her best achievements include winning Moot Courts, University Medal, Academic Scholarships, best speaker award at the various national level debate. She has worked with Wadia Ghandy & Co., Mumbai in their Banking and Finance team. Harshita is currently working with Shardul Amarchand Mangaldas, Mumbai.

    In this interview, Harshita talks about:

    • Her experience at the Law School and what incidents from college days contributed to shaping her career as a Lawyer
    • Her internship experience. How one should go about internships and how it can benefit in the career ahead.
    • Her thoughts about activities like Mooting, Debating and Publications
    • What were the biggest hurdles in the first few months of the start of her career
    • How one should about framing their C.V.

    What prompted you to think of law as a career? If not law, what other options would you have considered for your career?

    I am a first-generation lawyer, so yes the choice was challenging. But to start off, it was my family and teachers who saw my grit in oration, topical debates and liberating discussions. Later, I started realising my inclination towards law and policy, and …here I am. As a Corporate Lawyer, when you represent your client in a deal wherein all that he has earned for his entire lifetime is at stake, the trust they place in you brings a lot of responsibility, and that’s where the true satisfaction of being a lawyer comes from. However, had I not been a Lawyer, I might have considered journalism as one of the possible avenues. Again, for the similar reasons.

    Tell us about your law school experience. Share some highlights from your college days that shaped you as a lawyer.

    It has been tremendous. The experiences have been instrumental in shaping me, both professionally and as a person. Those five years have taught me that doing law is not just a chase for money and recognition, it taught me to have a voice of your own but at the same time be tolerant to the contrary opinions.  I was fairly good in academics but at the same time, I always had a flair for extracurricular activities. Be it moots, quiz contests, debating, or even sports. I did it all.

    Did you do any internship during your studies? How should a law student have a structured pattern for internships and what is its importance in shaping the career ahead?

    Absolutely. The best part of being a law student is being exposed to numerous internships and legal training at various organisations. I have personally done approximately ten internships before graduating, and this helped me verify my areas of interest.

    If you are not a part of the so-called ‘NLU-Hype’, you might have to face problems. In all my internships/external assignments, the first thing I was asked was that which college I am from, even before my name. And that’s how people may judge the quality of work they can expect from you. Prove otherwise and show your worth. After graduation, despite being a non-NLU candidate, I had offers from Wadia Ghandy and Hewlett-Packard. And now, it’s Amarchand. So, if you are good enough you don’t need a big name to add stars to your candidature, you will create your stamp.

    And yes, I would take this opportunity to address all those who come from a complete non-legal background as me. We know how things work these days, and when you don’t have a direct contact to call a law firm’s senior associate or a partner for fixing your internship in your preferred slot, you will face difficulties. But don’t loose hope, keep following up and keep trying. This way, I’ve had a good fortune of working with the reputed law firms, corporate houses, the best advocates. You must make a choice only after trying your hands at all possible options. What we read as a law student and what we get to practice as a full-time lawyer is very different. So, before going for a final promenade, we should experience all that’s in the lane.  FB_IMG_1457586860238

    What are your thoughts on activities like mooting, debating and publications in journals? What skills do law students acquire by engaging themselves in such activities?

    I put them first on my priority list. I have myself been an avid mooter. As a law student, mooting is the most enriching exercise that gives us a firsthand experience of being an advocate. It’s a platform for the law students to hone their oratory and research skills. Publications are again, critical. Especially when done in the areas one wants to explore. Research in your probable areas of interest can help you verify your interest and guide you in deciding the best pick.

    What helped you shape your current professional profile within the field?

    I graduated with Hons. in Corporate Laws. So, though I always had a knack for corporate and commercial laws, I was unsure about the area of specialization to be chosen within this domain. Developing expertise comes through practice and expediency. I am still a learner and an explorer. Landing in the niche field of banking and finance was by chance, but continuing this would be my choice. A long way to go from here.

    What were the biggest hurdles and challenges in the first few months? How did you deal with them?

    It takes a while to learn the ropes. The legal profession is demanding, the stakes are high, and it can be harsh on the one making mistakes. But mistakes are bound to happen if you are new, so take the onus and fix it. Apart from that long working hours, heaps of paperwork and research requires a lot of whip-smartness. But the zeal you see around in your colleagues, seniors, and the enthusiasm they carry even after working for 15-20 hours at a stretch brings a lot of motivation from within. One needs to be flexible to adjust to a law firm’s environment.

    How is your experience so far? How’s your workday like?

    Truly amazing. Every day there’s a new task in hand to look forward to. Law firms are very quick and swift in their working as compared to any other place. When I joined, on the first day I was briefly given an insight of the work and the nature of transactions and from the very next day I was made to handle the transactions, complete documentation, attend the clients, etc. Now, that’s where the direct market exposure and learning comes from.

    The day is usually hectic; we work for almost 10-12 hours a day on an average. However, it’s very important to balance work and life. Juggling the demands for each can be difficult in the beginning, but don’t let one invade the other.

    Any tips on how one should go about framing a C.V. and prepare for an interview?

    For the CV, the most important thing is a clear depiction of your areas of interest. This can be done through the diverse range of internships, moots, publications, etc. Now coming to CGPA. The saddest part of our education system is that we focus on making a student more marketable by quantifying academics. So no matter how much I disagree, a piece of advice would be to have a decent CGPA. For an interview, just study the organisation well and be yourself. Do not settle for anything that’s not your forte or not a part of your plan.

    What would be your parting message to law students?

    I am learning this, and I definitely want to share..no matter how lucrative an opportunity in hand looks, you must always have the courage to say ‘NO’ if it’s not in tune with your long term goals.

    Be a ‘self-made’ person, chase your dreams, and once you’ve done that… you can proudly call yourself a ‘superlawyer’.  

  • Chitranjali Negi, A Lawyer, On working as an ODR Research Scholar and dedicating her career to Human Rights

    Chitranjali Negi, A Lawyer, On working as an ODR Research Scholar and dedicating her career to Human Rights

     

    Chitranjali Negi graduated from Rohilkhand University in 2009. She is a Master degree holder in Law (LLM) [Administrative & Constitutional Law (Comparative)] & Ph.D. Law Research Scholar (Online Dispute Resolution).  

    At present, she works as a Lawyer at the Supreme Court of India, Permanent Member of Supreme Court Bar Association. She is also a partner at Santaniello International Law firm based in Italy Rome (2011- Present), Writing Legal Research Papers for Social Science Law Network, New York USA.

    In this interview she talks about:

    • Choosing Law as a career and her experience at Rohilkhand University.
    • Her experience at Santaniello International Law firm
    • Her keen interest in Human Rights and their protection.
    • About Online Dispute Resolution.

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    Most of our readers are law students and young lawyers. How will you introduce yourself to them?

    I am proud village girl who started with the rights of people through Amnesty International. Presently I am Lawyer at Supreme Court of India (2010- Present), Partners at Santaniello International Law Firm based in Italy Rome (2011- Present), Writer of a legal research paper at Social Science Research Law Network, New York USA & Ph.D. Research Scholar (Law).

    Why did you decide to study law? Tell us about your college life.

    My active interest in human rights and their protection was one of the major reasons why I decided to study Law. It gave me a profound insight how people are deprived of their rights because of ignorance and lack of care from government officials. This situation created my keen interest in Law. My college life was just like any other student

    Describe your experience as a partner at Santaniello International Law firm.

    I was invited by Luca Santaniello to be a Partner at Santaniello International Law Firm in the year 2011. I have been given several task, including Legal Research, Legal article writing, Drafting, Mediation, Arbitration, etc. This Firm respects my knowledge of Competitive Constitution, Human Rights & International Law, etc. My experience with them has been of mutual respect & in good faith.

    It is a common belief that working in the areas of human rights and policy research doesn’t pay well. How much of a hindrance is it for people joining this area of work?

    Human Rights & Policy Research in itself is a very satisfying experience. It would be not right to say money is everything. This experience is going to help me in my further career which is greater than money consideration.  

    Your work shows a great enthusiasm and interest in the field of Human Rights Law. What brought you into Human Rights? Were there any incidents which inspired you into it?

    It touched my heart on the occasion of World Indigenous day(9th August)  to be with indigenous (Boksha Tribes of Uttrakhand). I realized all top wealthy people are making a show of celebration of World Indigenous Day without involving the indigenous in reality. This touched my heart that how hypocritical the world is. This was my beginning in the path of human rights and supports a man on the street whose rights & dignity I must protect.

    What was your motivation for pursuing LL.M.? Why you opted for Administrative and Constitutional Law?

    It is my desire to get the pinnacle of my professional education, which is Ph.D. Thus to get Ph.D. in Law LLM is mandatory. To bring a change in any given society both Constitutional Law & Administrative Law have to be developed to a very high degree of efficiency.

    Is it better to work for a couple of years and then go for an LL.M or do one immediately after graduating?

    I too waited for some time to do LLM. This is necessary to get the ground reality before jumping into LLM studies.FB_IMG_1457166770068

    Where do you suggest one can intern or apply for an opportunity if he is interested in working on Human Rights issues?

    First of all, a lawyer should take up cases of Human Rights and understand the obstacle which comes in the way, the insufficiency of law in the protection of Human Rights. Then do some research & alongside join one of the International Organization of United Nations, Amnesty International, etc.

    What are the courses you have taken up as a law student? And which are the ones that may have a long-lasting impact on your career as a Human Rights Researcher?

    I am passionate with gaining knowledge & I take up an opportunity to enhance my level of understanding in Legal matters concerning Human Rights. Thus, I have studied Law, Human Rights Course, Amnesty International’s Workshops & Human Rights Campaigns.

    What are the top three things you keep in mind while compiling a research work? How do you suggest we become efficient at it?

    First of all, one should be in real love with the subject; Secondly, one should have an inquest mind to take a look at the frontier of that knowledge and take it beyond that frontier with research. Lastly, the research itself is a product of profit to look for money is a negative approach. Obsession! Obsession! The obsession to find the truth or unknown.  

    Please tell us about your current occupation. What do your primary duties and assignments include?

    My current profession is a practicing Lawyer at Supreme Court & Ph.D. Scholar ODR. I am handling cases which are at the final hearing stage & preparing my Ph.D. thesis which is at the point of editing to be submitting in next 3 months. I am invited by The Hague Institute of International Law at Peace Palace, The Hague, Netherlands to attend Online Dispute Resolution Conference 2016 on May. I am hoping to deliver a fine presentation on ODR’s future which I am working on now.

    What are the pros and cons of Online Dispute Resolution?

    ODR is a new animal in the arena of law; it has promises and faults. It promises democratization and humanization for the majority of citizen in an efficient and painless manner while cost efficient. It challenges the present system and threatens the people in power to share with ODR their authority.

    Where do you see yourself by the end of the coming five years? What are your long-term objectives?

    My foremost aim is to be a scholar in law. To contribute at international level in making it possible for every human being on this planet the right to seek justice without any hindrance.

    Lastly, what would be your message to people who want to have a career in human rights?

    Human Rights are the centre point which spells harmony and peace to our human family. It would be the greatest gift to human by judiciary. As a passing remark the President of USA, why Mr. Jimmy Carter, who declares, US will not have any relations with any State that abuse human rights.

  • Aounkar Anand, A Lawyer, on his startup RostrumLegal.com and current scenario of startup in India

    Aounkar Anand, A Lawyer, on his startup RostrumLegal.com and current scenario of startup in India

     

    Aounkar Anand is a Co-Founder and COO of RostrumLegal.Com, an online legal education platform. He graduated from School of Law, MATS University, Raipur in 2014. He is currently pursuing LL.M in International Business/Trade/Commerce from National University of Study and Research in Law (NUSRL). Aounkar holds a Diploma in Cyber Law from Asian School of Cyber Law & GLC, Mumbai. Aounkar has interned with Wadia Gandhy & Co., Singhania & Co. LLP, FoxMandal Little, A.O.R Manoj Swarup in Supreme Court of India. Aounkar has Also worked as a Judical Clerk under Hon’ble Justice Satish Sharma, Office of Public Prosecutor District & Session Court Dhanbad, Citizen Consumer and Civic Action Group (CAG).

    In this interview, Aounkar talks about:

    • His experience at the Law School
    • Rostrum Legal and his team
    • How he is managing the finances of his business
    • Current scenario of startup in India

    How would you introduce yourself? Please share a bit of what motivated you to pursue law as a career.

    Born and brought up in the Coal Capital of India, Dhanbad. I have seen the diverse lifestyle starting from the downtrodden people to higher class executives and realised that there do not lies a much difference in a way they are brought up. It is the mind and intellect of each that helps him building his lifestyle. In this scenario, I was a very friendly, helpful and happy to go, person. I enjoyed my schooling in many ways. I even got the opportunity to serve the nation by joining NCC and went up to Sergeant Rank. This gave me a disciplined life and taught me the perfection and management of any work entrusted to me.

    Like many others, I did my higher secondary schooling with the science background and took coaching for engineering entrance examinations for two years. There are numerous reasons for choosing to study law. I was fascinated towards working in the legal system since my childhood. One instance that I remember “Once I became a judge in a role-play in my school” and I think that particular incident was responsible for making me interested in studying law. Entering the law school opened a vast array of career options for me, and I have never regretted choosing to study law.

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    Kindly acquaint us with your college life. What activities were you involved in apart from the regular academic curriculum?

    Life, at law school, was not so comfortable but full of adventures and learning. Being the first batch of the fresh, we were always the part of management’s experiment, but thankfully everything went well. The five years in law school were the best part of my life, and there are numerous stories which I can share.

    I was actively involved in managing and organising various events in the law school. I was the convener of Legal Aid Cell, Library Committee and Moot Court Committee. I utilized these forums, organizing various legal awareness programmes and campaign at various countryside places of Chhattisgarh. These committees helped me a lot in honing my organizational skills, improved my legal understandings and also made me acquainted with real legal perplexity in the society.

    As a sophomore, in a “Management Subject Assignment” I along with my classmates started a t-shirt designing company named “INSANETEES”. We made more than 50 t-shirts and sold it on campus. This exercise was the foundation of my journey as an entrepreneur. Henceforth, The time in law school was overall a fun experience.

    You’re the Co-Founder of RostrumLegal.com. Please tell us about Rostrum Legal.

    RostrumLegal.Com is a brainchild of my Co-Founder Anurag Parihar. Before coming on black and white in December 2012, the embryo was conceived in 2009 itself. It was the hardships that we felt and the law schools having a faculty crunch gave us the idea to start with Rostrum. We started our journey with a course on Consumer Protection Act and amazingly we got 1012 registration in just 8 days. This was a great motivation for us, and we decided to move further and today we have more than 20,000/- learners from across 86 countries worldwide.

    Please explain to our readers how RostrumLegal.com functions.

    Rostrum has a unique team of legal professionals from working people in PSU’s and Private entities along with some of the Professors, Associate Professors and Assistant Professors from different private and National Law Schools. It is accredited with International Accreditation Organisation.

    At Rostrum, we try to provide lectures and study materials from many other faculties of different law schools on a single platform. The idea is to make the same learning platform for a student ranging from a remote law school to an elite one. A learner needs to make a profile on the website and has to access the course of his choice. There lies a discussion forum along with certain badges to bring the enthusiasm to study further. Also, we provide course completion certificate which can be verified either from the website or by writing to the office.

    Could you also introduce us to your team?

    I should not forget to mention the hard effort of the faculties of our law school along with the cooperation of our batch mates and juniors who helped us to form Rostrum and are included as a team. It has been co-founded by Mr. Anurag Parihar, currently pursuing his LL.M. at Melbourne Law School and myself. Also, the team compromises Campus Ambassadors and the legal professionals from different organizations.

    How do you plan to expand Rostrumlegal.com regarding operations, infrastructure, as well as attracting more investments?

    We started our journey from a college hostel and within 3 months of the incorporation, we shifted to a space of 144 sq.ft. in the area in the heart of Raipur. After that in another 10 months, we moved into our second fully customised 1000 sq.ft office having all the unique and modern technology of imparting online education. Subsequently in April 2015, we moved our office to Bengaluru to give a moulding to the on-going process. In near future, we are planning to have professional tie-ups with some of the organizations, and our aim is to make Rostrum a platform for everyone to come and teach or to come and learn and help the society to have a digital world of education.

    What motivated you to start RostrumLegal.com?

    During my journey, I realised that, in India, there is a lack of uniformity in the teaching profession. Though we have more than 1000 law schools, it is only a matter of record. My inner subconscious has an omnipresence saying that “Teaching is a mission, not a profession” and I wanted to justify the same.

    With so much of competition existing in the online legal service field, what makes Rostrum Legal different from its peers?

    It cannot be said that Rostrum is altogether very different from its peers, but the thin line difference is the learner’s satisfaction. We take care of any complaint or suggestion made. We are also very happy to share the certificate verification from not only employers but also for many prestigious universities around the world. The pricing of the courses is pocket-friendly and does not put a burden; the learners are free to take any course at any point of time with a lifetime membership of the course.

    How would you compare the Indian startup scenario with the rest of the world?

    If we talk about the ground zero in India, the reality is very harsh and pathetic. The government is coming with many new policies and laws to regulate the startup community but the officials at the lower level are not manageable. The next big problem is the society not accepting the start-up culture. Parents still want a secured government job and a peaceful life of 10 to 5. Whereas in rest of the world the situation is entirely opposite and there is no role of corruption at the grassroots level.

    How are you financing the business? How do you plan to finance future expansion?

    Initially, we had started with on Rs. 2700/- and after that we are managing with the earnings from the different courses along with the annual classes for CLAT. Rostrum is looking for potential investors to invest in the future expansion and believes to get an investment by early 2017.

    Share the biggest challenges that you faced in the initial days of your career. How did you address them?

    As officially we started in the 3rd year of our law school the biggest challenge was to manage the classes along with the meeting with officials for necessary approvals and associations. Our Campus was 45 kms away from the city and had a difficult time with the internet connectivity. Hence, we used to go to some of the malls to use the internet connectivity. Also, to go hand in hand with classes and certain meeting dates coinciding with examinations were a significant challenge. In our early days, we managed it by working for more than 18 hours a day.

    What skills and qualities do you think have helped you achieve your current position?

    The fresh and calm attitude of both Anurag and me is the key mantra for the success. We did have differences but were able to sort them out due to our ethical mindset. Being a good manager along with the ability to work with perfection has helped me a lot in achieving the current position.

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    Where do you see yourself five years down the line?

    It is very much difficult to predict, but I want to see myself as a person helping millions of people regarding education and wish to build a society which is not divided at least regarding education.

    However, being the Chief Operating Officer of RostrumLegal.Com my dream is to setup a law school with all the ultramodern technologies and unexcelled facilities regarding other resources.

    What would be your message to our readers, particularly young lawyers and law students, who wish to foray into entrepreneurship?

    Well, be it a law student or a person from any background, he should not forget to fight for his rights and should never forget that no work is small or big. Being a law student if we cannot fight for our rights how will we stand for others? To start with entrepreneurship, risk-taking and decision-making capability should be inculcated. This helps you out in any scenario and gives you the way to your success.

  • Vaibhav Choudhary, An Independent Practitioner, on his international publications and experience at the Supreme Court of India

    Vaibhav Choudhary, An Independent Practitioner, on his international publications and experience at the Supreme Court of India

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    Vaibhav Choudhary is an Independent Practioner at the Supreme Court of India. He graduated from Rajiv Gandhi National University of Law, Punjab, in 2012. After that, He has worked as a Research Assistant-cum-Law Clerk under honorable Justice Dipak Misra, Supreme Court of India. In 2014, He also practiced under Senior Advocate, Mr. Gopal Jain for a year. Since then he’s been practicing independently. Vaibhav has many publications to his credit for various Indian and International Law Journals. While in college, Vaibhav Interned with Trilegal, Finsec Law Advisors, ALMT Legal, Chambers of Senior Advocate Mr. P. P. Rao, Senior Advocate Mr. Pravin H. Parekh, Additional Advocate General Mr. G. R. Punia and PUCL, Jaipur.

    In this interview, Vaibhav talks about:

    • His experience at the Law School
    • His International Publications and their importance
    • How he prepared for Clerkship interview at the Supreme Court of India
    • His Landmark cases and his overall experience in the field of Law.

    How would you like to introduce yourself to our readers?

    As an independent legal practitioner, if you allow. The center of my practice revolves in and around Supreme Court of India.

    Also as an optimist, who is trying to build his legal practice in this strange and competitive land based on skills, guidance, and legal acumen.

    Describe your experience at Law school as an undergraduate student. Any highlights and incidents you would like to share?

    I did my law from Rajiv Gandhi National University of Law, Punjab. As I was part of the second founding batch of the university, which was new in the arena and was building itself as a premier law school in the country, it seems like I grew with the University. When I took admission in 2007, our law school was running from a temporary campus located in the middle of the city. There were no hostels inside the campus. The idea of the permanent campus was yet to be put in shape. So the law school being in the formative years required more efforts as well as provided more opportunities for individual development. One such example was the formation of a Centre for Advanced Study in International Humanitarian Law, a one of its kinds in India and I was appointed the student coordinator for the same. This gave me an opportunity to advance the awareness of Humanitarian law in our country. We started an essay competition namely ‘ENSAYO’ to promote the humanitarian law among the law students in India. This Competition was directly sponsored by ICRC while offering significant cash rewards as prize money. This competition has now become international and got participation from SAARC countries students as well. Looking back, being part of such new initiatives, I feel proud to be part of such activities during my law school, and this has thus, stuck as a good memory.

    Like any other law school student, I also forayed into the diverse world of moot court competitions and debates. But later on, I diverted my path and decided to focus on legal writing and promoting legal research among my contemporaries which was then ignored in our law school. Resultantly, a lot of legal research followed and led to more than 15 paper publications internationally and nationally in the best legal journals in the world.

    Tell us about your international publications and importance of those publications.

    Two important extracurricular activities in a law school are moot court competitions and publications. I participated in few moot court competitions but, later on, decided to utilize my research skills into legal writing. All of my international publications were my project topics either assigned by my college or chosen by me. My first International publication was in the European Intellectual Property Review on the issue of software patentability. I was the first student in my law school at that point in time to get an international publication in such a reputed journal. Later on, my various college projects which I converted into article got published in numerous Journals and books i.e. International Tax Journal, Asian Journal of International Law, International Journal of Research in Commerce Economics and Management, International Academy of Law, etc. Research is more important than participating in a moot court competition. I have to admit it candidly that my selection for the clerkship in the Supreme Court was purely based on my research skills and publications. So, I got my first job because of my extensive research work. But if anyone is planning to opt for pure litigation as a career choice than publications or any other activities are of not that help per se, but it always comes in handy in legal drafting. 

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    Where did you do your internships while at law school? How important were these internships in shaping your career?

    Internships are next best aspect of a law school. Not just career-wise, internships frame your personal outlook too. They help to decide career path and also prepare you in advance for your future work experience. During my law school, my internships were not very precise or centered on one aspect of law only. I interned in PUCL, which by now was my best experience in law school. We did a survey on the social and economic aspects of the Jaipur Bomb blast victims which turned out to be quite informative and adventurous. I also did a Judicial Clerkship in Delhi High Court as well which gave me first-hand experience of ‘the Bench’ and its working which was a major reason for me to opt for Judicial Clerkship in the Supreme Court of India, post law school. I also interned with Senior Advocates in the Supreme Court, Mr. P. P. Rao, and Mr. P. H. Parekh. These internships helped me to build my end career choice of litigation. To also get a corporate law firm experience, I interned with ALMT Legal, FINSEC Law Advisor, and Trilegal. These internships helped me to get into the insight of the law firm working. So all the internships let you discover the in’s and out’s of all spheres of law, and one can identify without any recriminations, where their calling is.

    How did you prepare for the clerkship interview in the Supreme Court? What were the questions asked by the interviewer?

    No one prepares for an interview with the Supreme Court in strict terms, as there was never an accurate knowledge of what working in the Supreme Court entails, earlier. The Interview for the selected candidates was conducted on the premises of the Supreme Court. My Interview was taken by two former CJI’s- Justice Altamas Kabir and Justice HL Dattu. Both the Judges were very calm during the interview process and gave me ample opportunity to put forward my views. I was asked a variety of questions i.e. law school experience, extracurricular activities, legal questions, contribution to legal aid society, publications, etc. However, both the Judges were highly impressed by my publications and asked various questions related to it. I was among the fifteen students who were selected by Supreme Court Judge Panel through interview out of 200 students from various National Law Schools. 

    How was your experience with HMJ Dipak Misra as a Law Clerk?

    The experience was wholesome. It shapes the way I draft all legal documents, the way I do legal research, the way I put forward arguments in court, etc. even today. All the LCRA works through Judges Residence. HMJ Dipak Misra is very soft-spoken and intellectual person. He used to treat me as part of his family. I assisted him in drafting bench memoranda for the regular hearing matters, analysis notes of the legal issues and the plausible arguments which could be advanced, research on the settled law and related comparative law propositions, preparing pointers for judgments and orders so as to enable HMJ to dictate the same. I worked for two years with him. I consider him as my Mentor, who taught me how to read and interpret the law. He is a father figure to me and even after resigning from his office he keeps guiding me whenever I need his assistance. LCRA has shaped me as a better lawyer and has given me an edge over my contemporaries.

    What was the initiative taken by you and your fellow law clerks to increase the stipend?

    The stipend for the LCRA was Rs 25,000 per month. It is hard to stay in the NCR with that amount. So I along with my fellow law clerks approached the CJI to increase the same. However, then CJI RM Lodha denied our request at that stage. But with the help of other Judges who were part of the collegium it got increased by then CJI HL Dattu. But until that time, most of us left our clerkship.

    Tell us something about the transformation period into litigation in the Supreme Court.

    During my clerkship in Supreme Court, I was not able to figure out whether to go for a corporate firm or independent litigation. HMJ Dipak Misra came to my rescue and recommended me to join the litigation. Then the next question that came into my mind what type of litigation and from which Court should I start. Then by accident I met Senior Advocate Mr. Gopal Jain and joined his chambers. The transformation happened very quickly, thus, I was only able to take stock after a full month. Going from the chambers of a Supreme Court judge to that of a Senior Advocate is challenging. The work environment, as an example, changed completely. My mindset also had to take a complete U-turn as well as the work expected of me.

    What was your initial litigation experience with Senior Advocate, Mr. Gopal Jain?

    As also stated earlier, after Joining Mr. Jain I was bombarded with a variety of work which I never did during my clerkship. Mr. Jain has a broad range of practice which includes arbitration, telecom matters, electricity matters, legal opinions, vetting and settling of various legal documents, etc. With him, I have appeared in APTEL, CERC, DERC, TDSAT, NGT, NCDRC, High Court and Supreme Court. It was quite an extensive experience ranging from different courts and different matters. Although the beginning is always tough after some time, I got used to it. The best part of Mr. Jain’s Chamber was his office staff and his colleagues. All of them were very helpful and always ready to assist you. Mr. Jain is one of the outstanding seniors we have in the Supreme Court. He is very chilled and relaxed. He is among those lawyers with whom all young lawyers would like to groom their legal skills. Mr. Jain gives your free hand to do your independent practice while working with him. He will assist you and also appear in your personal cases as well. I will recommend him to all those who want to enter into the legal arena and want to build their practice subsequently.

    Discuss your landmark cases which you filed and won in the Supreme Court and Delhi High Court. (AIPMT cancelation by SC, All India Quota for AIPMT aspirants, Admission denial to LLB candidate by DU, Faculty of Law, etc.)

    After joining the bar, my first case which I filed in the SC was for the cancelation of the AIPMT examination due to mass irregularity. This matter was heard by the vacation bench and finally decided in our favor by the Supreme Court. Subsequently, I filed a writ petition in Delhi High Court on behalf of a Llb student against Delhi University, Faculty of law for denial of admission on the ground of non-submission of relevant documents. The HC decided in our favor and granted admission. Later on after re conduct of AIPMT examination I filed another writ petition in SC for Implementation of All India quota for the AIPMT aspirants. The SC decided in our favor and directed Medical Council of India not to transfer seats to State Medical Colleges. However, the order of the Court was not implemented in its full spirit by various States and contempt petition is pending in SC against the MCI.

    What challenges you faced as an independent practitioner in the initial stage?

    Being an outsider and without any legal family background, it is tough to set your practice in Delhi, or perhaps in any court for that matter. Initially, you have to fight out to get matters from people. The ultimate test of patience and perseverance is the establishment of your independent legal practice. Some matters you have to do as pro bono to make your goodwill in front of the clients as well recognition from the Bench.  Getting empanelment from PSUs and other places is quite a challenging task which requires tremendous backing and ‘Jugad.’ Presently I am working with my friends and colleagues to finalize and start our LLP in Delhi. We have yet to cross a couple of hurdles in that direction and are hoping to launch it soon.

    What are your views on the recent Supreme Court judgments?

    Recently, Supreme Court has been quite equivocal and strict, though fair. Supreme Court through its decisions from time to time has crossed many phases, ranging from judicial activism to pro-environment, etc.

    NJAC Judgment: I strongly feel that the SC has taken a very bold and right step by setting aside the NJAC Act and maintain Independence of Judiciary. This Judgment is a slap in the face of the executive who made a mediocre attempt to intrude with another vital organ of governance- Judiciary with their political appointments.

    Section 377 Curative Petition: CJI TS Thakur has taken a very bold step in the right direction by referring the matter for further adjudication to a Five Judge Bench to correct the mistake committed in NAZ Foundation. However, this is for the first time in the history of the SC that the three senior-most Judges of the SC has referred a matter to Constitution Bench in a curative petition. The issue of maintainability of such reference is yet to be decided.

    Supreme Court as Guardian of Law: The Indian SC has been recognized as World’s Most Powerful Court. Recently, the Court in a variety of decisions has shown its power and protected the rule of law i.e. Section 66A of IT Act Judgment, Yakub Menon Late Night Mercy Petition hearing, Coal Block cancelation, Patiala House Court Lawyers Matters, Banning of Diesel Cabs in NCT, Sahara’s case, etc.

    Last but not least, what’s next for you?

    My next step is to finalize the work on our LLP and launch it soon and serve our clients to the best of my ability. This along with the independent legal practice is keeping me occupied at the moment and the near future.

  • Karthik Ranganathan, an independent practitioner, on working as a tax expert and studying LL.M from NYU

    Karthik Ranganathan, an independent practitioner, on working as a tax expert and studying LL.M from NYU

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    Karthik Ranganathan graduated from JSS Law College, University of Mysore, in 2004. After that, he completed Company Secretary course from Institute of Company Secretaries of India in 2007. He worked as a tax consultant for Ernst & Young for two years and then in KPMG, as a Tax Senior, for one year. He then went to NYU School of Law for studying LL.M in International Taxation. He has worked with Nishith Desai Associates for a year on the matters of International Taxation. Since then, he has been practicing as an independent Taxation and Corporate Lawyer.

    In this interview, Karthik Ranganathan talks about:

    • His experience at NYU School of Law
    • What prompted him to choose law as a career
    • What opportunities opened up for him after doing the Company Secretary course
    • Building his own practice as a Taxation and Corporate Lawyer

    What prompted you to think of law as a career? If not law, what other options would you have considered?

    I know this may sound cliché but true.  I am a science student.  I should have become an engineer.  Thanks to my father’s persistent persuasion to do law.  I am a lawyer because of him.  He used to take me to advocates’ offices in my town for his court cases even while I was ten years old to inculcate the liking for this profession.  Though he always wanted me to become a lawyer, he could not see me becoming one.  I have never regretted to have become a lawyer.  I love this profession very much.  I want even my son to become a lawyer.  By the way, he is three years old.  I would have become an engineer but for this profession.

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    Describe your experience at New York University School of Law.

    NYU School of Law is an excellent place to do your LL.M. program.  It attracts students from across 70 countries every year for different LL.M. programs.  I always wanted to do an LL.M. abroad after my LL.B. degree (from JSS Law College, Mysore).   Being a company secretary as well, I first got admission for the NYU Corporation LL.M. program but later I decided to do LL.M. in International Tax.  I worked for three years at Ernst & Young and KPMG, Chennai to get into the NYU Tax LL.M. program as it is very competitive.  I also got admission at Georgetown University Tax LL.M. program.  But I preferred NYU to GU.  NYU has an International Tax Program (ITP) for past the two decades for foreign-trained lawyers and admits 25 candidates every year.  NYU also has General Tax Program (GTP) mainly for American applicants.  But both ITPians and GTPians sit together for several courses.  This makes the grading curve very competitive for ITPians.

    My experience at NYU was exciting but highly demanding.  I guess this is one of the hardest LL.M. programs.  However, the Professors at NYU are fabulous, but they make you run for your money when it comes to curriculum.  It is a ten months program having two semesters, the Fall and the Spring.  The Fall courses at NYU were pretty hard as it had required/ compulsory courses like US inbound and outbound taxation, corporate taxation, etc.  The Spring courses were relatively lighter.  But for me, the Spring too was hard as I chose some challenging courses like Subpart F income (Anti-deferral), Transfer Pricing, etc.  NYU Tax program has more than 60 courses to choose.  It has some of the finest Professors who have been with NYU for decades.  They are also senior partners of reputed US tax law firms, and so, they have hands-on experience with the developments and reasonably foresee the changes that may happen in the tax system.

    The ITP majorly concentrates on international aspects of US income taxation.  To get an idea of other jurisdictions’ tax system, there are several courses to choose which are taught by renowned Professors from other Universities.  I very strongly recommend this program to those who have a flair for tax laws.  Unfortunately, very few Indians do/ have done this program.  Good understanding of Indian income taxation and few years of related work experience should be sufficient to get into this program.  That apart, I have extensively traveled in the US during my LL.M. program and have earned some of the best friends from here.

    Why did you prefer to go abroad?

    It is mundane that Indians go abroad for the LL.M. program.  But it will shape your career and perspective if you get into the right program in the right University.  And, for specializing in international tax, I felt I have to go abroad. SL Photo 2

    How did you ensure University Ranks in BAL and LLB degrees?

    I took law career seriously from day one in my college.  I always assured that I read only books of reputed authors for the exams even though it wasn’t necessary all the times.  I did not read these books only for the purpose of exams.  This I think should have resulted in quality answers in my answer scripts which earned me two ranks.

    Why did you choose International Tax in LL.M.? What motivated you to choose that?

    I should have ideally done Corporate LL.M. being a company secretary at the time when I applied for LL.M;  I learned that NYU is excellent for its tax program and since I was in the tax team at EY for some time, I had gained more interest for tax laws.  It was a safe bet.  I cherish being a tax lawyer.  Tax laws are vibrant and provide much food for your interpretative skills.  If one can understand tax laws well (be it direct or indirect taxes) then I think she/ he can handle other laws comfortably as well.

    What are the opportunities that open up after completing the Company Secretary course?

    Frankly, I did not do company secretary course to become a practicing company secretary.  The course has very practical and profound insights of corporate and allied laws.  So I did it.  Further, doing LL.B. and company secretary course is a good combination, especially, for lawyers who graduate from tier 2 and tier 3 law schools.  The combination is suitable for both job opportunities as well as to set up practice in corporate laws.  It requires dedication as it is not as easy as you pass your law examinations!  I was told that the answer scripts are reviewed by three evaluators each one trying to lessen the marks obtained.  You can become a successful corporate lawyer if you do company secretaries course.

    Describe your experience in litigation and as an advisor.

    I am a litigating lawyer and an accidental advisor.  I started practicing in the Madras High Court soon after I finished law.  I made it a point that I do not specialize in any particular law right away so that I understand well the basic laws like Code of Civil Procedure, writ jurisdiction of High Court, appellate jurisdictions of various courts, arbitration proceedings, etc.  I also practiced a bit before the trial courts.  There is nothing more satisfying for an advocate than appearing before a judge and being heard patiently and even more satisfying if one gets a favorable order.  I practiced in the Madras High Court for a couple of years and then intended to specialize in a particular field of law.  As my senior with whom I practiced was a Senior Counsel for Central Government then, I was exposed to indirect tax matters at the High Court.  With this experience and my company secretary degree, I joined Ernst & Young, Chennai in its indirect tax team.  Ever since I joined EY until recently I started my independent practice, I have been majorly doing advisory services.  Now that I am independent, I ensure that I do both litigation and advisory services which include documentation.

    I feel it will be safe for independent lawyers to lay their hands on both litigation and advisory services simultaneously to the extent possible as both are good areas of practice, and one leverages the other when the flow of work gets limited.  There is much scope for advisory and documentation, given the recent trend in investments in and out of India, which may eventually result in one type of litigation or other.

    What are the skills an advisor must acquire?

    I feel advisory practice is harder than litigation practice.  You need to be superb in what you claim to be an expert so that you meet all your clients’ requirements.  Advisory will always be time bound.  A client hardly ‘adjourns’ your deliverable date nor can you frequently seek ‘extension of time’ for the deliverable.  Your clients will always nitpick or quibble over your deliverable, and most of them will have adequate knowledge in the area of your advice.  So you need to provide a good amount of value addition to their needs.  Further, you need to be always updated in the laws that you predominantly advise.  For tax, I can say, it always keeps you on the run.  Continuous reading and updating, talking to peers, attending educative events, etc. will help you to become an excellent advisory lawyer.

    What challenges you faced to become the most popular author among Indian readers and as a contributor with a most popular article in India on “Direct and Indirect Taxes on Union Budgets”?

    This recognition was by surprise.  In fact, I was awarded these titles thrice.  I usually write articles on tax and corporate law developments.  Union Budget is the mother of all tax updates.  When I published my article on my website, the concerned head of Mondaq.com which picks selective articles from across 80 countries called me from London and said that my article has been chosen as the most read article by its readers.  He said that within two days of its publication there were approximate, 7000 viewers for my article on interim Union Budget in 2014.  After that, my 2015 Union Budget articles were also awarded this recognition, and I received emails from them in this regard.  Article writing is pivotal to advisory practice.  I developed much interest in article writing soon after I completed law and have written couple of articles while doing company secretary course and while being with KPMG.  However, this was well nurtured when I was working with Nishith Desai Associates which shows incredible thrust for legal alerts.

    One needs to follow the relevant developments in the area of practice carefully and should ensure that the same is passed on to others by writing quality articles.  Much time and thought are required for creating a good read.  We always need to keep in mind the readers while writing articles as they are the intended beneficiaries.  Plagiarism, if practiced, will eventually come to light.

    Describe your experience when you appeared for the first time in English Business News Channel.

    It was with Bloomberg TV all the three times.  I was working with Nishith Desai Associates then.  The tax alerts authored/ co-authored by me were interesting to the news channel I guess as it dealt with the contemporary tax controversies.  The first two were on the live show which is usually just before the Mumbai stock markets open for trading, and the third one was recorded.  It was a pleasant experience.  I have to give the total credit to Mr. Nishith Desai and Bijal Ajinkya (my partners at NDA) to have given me a free hand to appear on the News Channel.

    How to become a member of professional organizations like IFA, IACC, FKCCI, and AIFTP?

    Becoming a member of professional organizations is essential.  There are many quality professional organizations.  For advisory practice, this helps.  You get to meet several people who may need your services, and you get updates from your fellow members.  You may get a chance to address them which gives you recognition.  All these organizations have some basic requirements to become a member which are usually not difficult to meet.  One needs to keep in mind that some organizations’ entry and renewal fees are expensive but worth it.

    How important are the moot courts in the career of a law student? How can one increase his convincing power?

    Moot courts are crucial both for advisory and litigation practices.  Your research skills help you in your advisory practice and your oratory skills, before a court.  You get to learn those aspects of law which you will never learn in the law school.  You learn to win and lose which is typical when you become an advocate.  It improves your writing, research and analytical skills which are critical to providing good advice to clients.  If you participate in the moots to learn rather than to just win, you will become a matured law student and will catch up with the profession very quickly when you enter it. By preparing well for the moots and participating in the couple of them will enhance your convincing capabilities.

    Why did you go independent after working with big law and accounting firms?

    To practice independently was in my mind always.  There was much need for me to become independent because of my varied academic and work experiences.  I wanted to consolidate my litigation and advisory services which can be done only if I independently practice.  I do not regret this decision.  However, it takes a time to be recognized by clients and peers.  I have always felt that those who are confident and who can afford it should always go independent.  End of the day, it always feels good when your client knows you rather than for whom you work.

    What made you teach and what is your perspective on teaching?

    Again, I am an accidental teacher.  Soon after I quit my law firm job, I had plenty of time.  I sought an appointment with the Vice Chancellor, Prof. Venkat Rao, of NLSIU to discuss some academic initiative.  When I met him and explained the purpose of the meeting, in the end, I was surprised with an offer to be a guest faculty to teach tax laws to the LL.B. and LL.M. students.  Given that there was a vacancy and that it relates to my area of practice, I accepted it.  I have been teaching at NLSIU since July 2013 as a guest faculty.  Many thanks to the VC and my students to have accepted me.  I also travel to other law schools in India once a year to provide a single credit seminar course on tax, investment or securities laws for about a week.  My greatest inspiration to teach comes from my NYU Professors who have been teaching for ages and have also been very successful tax attorneys in the US.  I firmly believe teaching can never get in your way of successful practice.

    Personally, I believe it is crucial that alumni of law schools should consider sharing their work experiences, preferably, in the form of teaching a course to the students of their alma mater or nearby law schools.  This will make the law students feel comfortable about the profession and will give access to practical insights even while being a student.

    Where do you see yourself in five years?

    I am in my initial days of independent practice and am moving things inch by inch.  More the confidence I earn from my clients and peers, the quicker I can reach a respectable position, I guess.  I believe I am on the right track.

    What would be your advice to our readers?

    This is one profession which will never let you down if you are dedicated to it.  There is always space and a need for quality lawyers.  The laws are becoming more and more complex in all areas.  Integrity towards clients and love for this profession will find your level anytime soon.