Super Lawyer

Author: Editor

  • Rackhee Trust, Transformational Coach and Holistic Healer, Ojas, on working with Cyril Amarchand Mangaldas, and finding her spiritual calling

    Rackhee Trust, Transformational Coach and Holistic Healer, Ojas, on working with Cyril Amarchand Mangaldas, and finding her spiritual calling

    Rackhee graduated in law from Government Law College, Mumbai, in 2011. After a successful stint with Cyril Amarchand Mangaldas as Senior Associate, Rackhee discovered her passion for spiritual healing, and left a lucrative career in law to purse her calling. Rackhee Trust is a transformational coach and holistic healer who works with individuals, corporates, children and groups to facilitate breakthroughs in all areas of life. in 2016 she founded her independent venture, Ojas, which offers personal development, spiritual advancement and holistic well being workshops, coaching for private individuals as well as corporates, Reiki classes and one-on-one sessions all over the world.

    In this interview we speak to her about:

    • Her time as Research Assistant at Harvard
    • Working for Cyril Amarchand Mangaldas
    • Pursuing a career in spiritual healing

     

    What would you like to say to our readers in the manner of introduction?

    We have become very accustomed to introducing ourselves in professional terms. Over the years, I have come to realise and experience and that each one of us is far more than just that job, just that role or just that career.

    That said, I am simply a seeker. A seeker of the Self. One constantly discovering more about who I am, my purpose here and what life has to offer.We take up several roles to give us an identity and often lose ourselves in this role itself. My journey has been riddled with several such instances. One such milestone being my short stint of five years as a lawyer. Just as they say you can take a girl out of Bombay but can’t take Bombay out of her, you can take me out of law but can’t take law out of me. I cherish the wisdom and skills law gave me as I continue on my path to everlasting learning, seeking and inner work

     

    What influenced you to do your undergraduate course in International Relations at Tufts University?

    The need to take up an academically challenging subject that proves to be an asset in my career as a lawyer drove me to majoring in International Relationships during my undergraduate at Tufts University, Boston. Naïve and not realising that pure passion should drive these decisions, I allowed my mind to make a logical decision and yet thoroughly enjoyed my years there.

     

    Tell us a bit about your time studying law at GLC, Mumbai. 

    I was driven to make the most of my time as a law student and gain as much practical experience and exposure during this time. I worked my entire three years during my studentship at GLC, interning in several law firms. I realised even as early as then that this wouldn’t be where I’d end up all the way at the end of my career but it seemed like the right thing to pursue in that moment.

     

    Could you tell us about the internships you took up, and what you learnt from those experiences?

    My internships were very varied and I am very grateful for that. I strongly urge students to take up diverse internships to explore the different opportunities the law has to offer. Often what we think to be our passion translates into something very different in reality. Getting first hand experience of all those aspects of the law that we know to be of interest or not to be of interest to us can be quite an eye-opener.

    My internships ranged from litigation with a very small home office to a clerkship with a very respected justice of the Hon’ble Bombay High Court, followed by M&A, real estate and banking and finance experience across several prestigious law firms in the city.

     

    What are the parameters that must be considered in deciding what the next step should be after graduation?

    Given my experience both as a lawyer and law student struggling with a “decision paralysis” as you accurately term it, all I can say is follow your heart. We often make the wrong decision of choosing what is “safe”, “logical”, what will make zyx happy or proud of you. This may not be as easy at it seems because you may need to introspect a lot to really get in touch with what you’re most passionate about or what your heart really wants. However, when you get in touch with your heart you will realise that you also get in touch with the mighty potential deep within you to make that possible.

    The parameters to be considered once you graduate are really: (i) what really makes happy? (ii) for a moment if money didn’t matter what would you be doing? (iii) are you choosing xyz role/job for the money/lifestyle/freedom/independence or something else? (iv) what is really driving your decision? (v) what else can you do to achieve happiness and also the money/lifestyle/independence/something else that you’re looking for?

    If you can answer these questions truthfully to yourself, you will have made the best decision for yourself. Trust that decision and follow through.

     

    Could you share with us your experiences as a Research Assistant at Harvard’s Center for Public Leadership?

    It was a great experience working as an RA at Harvard’s Centre for Public Leadership, if you like doing research. At this stage, I wasn’t in touch with what I love doing most. The learning experience was wonderful and it definitely honed my research skills which come handy as a lawyer. I encourage all law students to take up as many opportunities to work on their research skills as possible. Not all law schools provide the environment to do so, GLC definitely did not. You may struggle as an intern/lawyer without knowing how best to research.

     

    Tell us about your early professional experiences at Naik Paranjpe & Company.

    This was quite natural for me as I was accustomed to working when this transition took place. In fact I had been working with Naik Paranjpe & Company for over a year before I graduated. The bonus was the associate pay when I did finally graduate! That’s the only real transition.

     

    From being a Senior Associate at Amarchand Mangaldas, what inspired you to take the leap in beginning your career as a transformational coach and holistic healer?

    Honestly, doing what I currently do has always been my calling. Sometimes it takes many turns and twists to realise that you landed up where you started off and that is truly who you are. I have been a Reiki practitioner for over eighteen years and the foundation of who I am lies in my spiritual journey and practice which began at the very young age of three when I met my spiritual master and Guru, Swami Chidvilasananda. My life has been riddled with experiences where I have constantly sought the answer to several questions surrounding Who am I? What is my purpose in life, why am I really here? and so on. This introspection and constant questioning lead me on my spiritual journey which has eventually culminated in my following my heart and making a life out of it. Taking this so called leap came very naturally as the time was right and the opportunities simply presented themselves. Like I teach my students now, when you open yourself to the universe, everything simply flows as you are aligned with the flow itself.

     

    What are the challenges and learning opportunities that you were faced with in establishing Ojas? 

    The challenges I faced were self created obstacles. Obstacles of my own limiting beliefs and as I overcame them with the work I do I began realising the power of what I do itself. My obstacles presented me with the opportunity to overcome them for myself before I could be instrumental in others overcoming their obstacles. So be it in their career, personal life (relationships) or physical/mental/emotional health, I experienced that the answer lay deep within ourselves. In fact, the root of the problem too lies within, although often it may seem to be externalised in the form of a situation, pattern, person, experience, consequence or decision. My biggest challenge was attracting clients who didn’t want to pay or didn’t have the money to pay for what I did. My first two weeks in my new role was the most challenging. I remember sitting down with this and working on myself one late night and there has been no looking back since then. Today I am humbled and grateful to say I earn more than what I earned as an associate leaving Cyril Amarchand Mangaldas, and the earning is effortless.

    The outcome of this experience was the realisation that each of our challenges are presented to us merely as an opportunity to discover what lies beyond it. When we tune in and get in touch with what really lies at the heart of this challenge, it feels like the opening up of a Pandora’s box. Suddenly, everything opens up and before you know it that challenge itself is not there anymore (or is not a challenge any more!). This is what my learning in establishing Ojas brought me to. A very deep understanding of who I am and what I really do.

    Ojas seeks to touch lives. To bring every seeker to a space of Self Empowerment through Knowledge of the Self. Healing, coaching, etc. are very limited labels. At Ojas we simply come together as seekers of knowledge, the Self and the truth. The journey reveals the rest.

     

    What courses did you take up in preparation for your job as a transformational coach?

    The biggest course has been the learning as a result of my journey through life. Each experience has given me so much that it has added to my unique skill set. No two people who go through the conventional “courses” or “training” will come out the same because each one’s life journey will mould their individual ways.

    That said, I have been through extensive international training in various paths that lead to the healing of the subconscious mind which carries the key to all our suffering and challenges. I am a Reiki Grand Master and practice Reiki while also teaching it. Other than that I am an internationally certified Emotional Freedom Technique (EFT) practitioner, Matrix Reimprinting Practitioner, Neurolinguisitic Programming Pracitioner, Breakthrough Coach, Magnified Healing Practitioner & Teacher, Bach Flower Therapy Teacher and Practitioner, Angel Healing teacher and Practitioner (among a lot else).

     

    Did you have a mentor or guide during the formative years of your career? 

    I have had several mentors along my journey. The list is endless and I am very grateful to each of them for the role they have played. This is a question that has almost haunted me all my teenage years because I wondered whether it was essential to have one guide, as I never did. Over the years, I realised that there had been several role models and as I evolved they too kept shifting. So in my experience it is very important to keep having more and more mentors or role models for different aspects of ourselves (as we are multi-faceted individuals and not linear) as we continue to evolve. This allows for our evolution to take place consistently without stagnation and in an all round manner.

     

    As the Founder at Ojas, what does a typical work day look like for you?

    Every day is very unique and that is what I love about what I do. My day usually begins with some self-work in the form of meditation or some such inner practice. Then my day is typically studded with client appointments all across (beginning as early as 6 am and concluding no later than 6 pm). In between I’m busy writing course material for the several courses I deliver and am continuing to develop. Reading, writing, reflecting, sharing, growing and relaxing typically encompass every day in the life of me. I have a beautiful and constantly growing set of students and clients across the world and we reflect and share and grow on a daily basis. This keep my inner work in check on a daily basis and my inner growth continues to take place thanks to each and every one of them.

    Please share with us the initiatives, workshops and projects that Ojas takes up?

    At Ojas we take up several projects, initiatives and workshops ranging from ones offered to individuals, groups as well as corporates and uniquely created to cater to their goals and needs. There is no cookie cutter approach to anything we do because each individual is unique and so what we have to offer to is needed to be such. Our initiatives and workshops range from Reiki classes, manifestation workshops, stress busting initiatives (that work at the level of the subconscious mind), targeting relationship blocks through various tools, trainings on effective speaking, meditation and heartfulness trainings, teaching about Angels and different realms of energies, monthly meditations, Bach Flower Therapy courses and tons more.

     

    What are the key attributes that one must develop in order to excel in stressful workplaces in the legal profession? 

    My work has brought me to a state of complete stressfreeness. It is an inner journey to get here really. I can say for all my clients and students that they have achieved this or are getting there and there are no “key” attributes that will get anyone there because each one is wired so differently that the remedy for each will be unique.

    That said, the key to each one’s stress lies in the subconscious and when we deal with what’s deep seated within the subconscious mind, a state of stress-free freedom arises spontaneously. Doctors, therapists, counselors etc. are trained to treat surface level issues. Each symptom is treated in isolation. In the work we do at Ojas, each individual is looked at as one whole comprising of all that which makes up who they are.

    The healing takes place deep inside at the level of the root cause (of all surface level issues). Often the root cause lies in some situation, emotion, event, memory etc. that took place several years or even moments ago. That leads to thoughts, feelings, emotions, beliefs, habits, actions, decisions, choices, patterns and personality which eventually manifests in the form of that which is troubling us (as disease, relationship issues, money/finance/career related struggles etc.). When the root cause is healed, the surface level issue disappears spontaneously. This is the answer to releasing stress at your workplace and in life in general and experiencing waves of joyful abundance through a life that may seem dry and regular. Each one of you can have this experience, the question is whether or not you are ready for it!

     

    How do you manage your time between your professional and personal interests? 

    There is no difference and yet they are balance. My professional and personal interests are one and the same. I am very blessed to have a partner who loves what I do and so what we do is part of our lifestyle. I believe only when you truly are what you do can you enjoy both personal and professional as one and the same.

     

    What are the challenges you have faced in building up your career as it stands today?

    We are steadily moving in the direction we had envisioned. We are blessed to be moving forward at a faster pace than we envisioned. I don’t believe in planning and envisioning in as much detail (as a five year plan) because even our vision can limit the limitless possibilities. All I know is that Ojas is on to something very big, a universal revolution. It will take us places as also each individual associated with us in any form.

     

    What advice would you like to give our readers, who are mostly law students and young lawyers?

    Follow your heart. Listen to your inner voice. You know what really makes you happy. You know what YOU really want. Go for it. Life is a miracle, anything is possible. Believe in this. You are capable of achieving far more than you can even imagine. Just trust in the universe a little more than in your own fear and insecurities and watch where all you end up! Enjoy the journey!

  • Vishrut Jain, Banking and Finance Laws Specialist, on the Indian banking regime, and his experience

    Vishrut Jain, Banking and Finance Laws Specialist, on the Indian banking regime, and his experience

    Vishrut Jain graduated in 2012 from WBNUJS, Kolkata. He is a Senior Associate in the Banking & Finance team of VDB-Loi a law firm based in Myanmar, with offices in the South East Asian region. Prior to this he has worked as an in-house counsel, first as a Manager with ICICI Bank, then as a Senior Manager with Tata Capital and after that as an Assistant Vice President with Yes Bank. He is also a designated advocate of the Bombay High Court.

    In this interview we speak to him about:

    • His experience in the banking sector and the banking regime in India
    • His experience thus far in the legal field

     

    WHAT WOULD YOU LIKE TO SAY TO OUR READERS BY WAY OF INTRODUCTION?

     Growing up, I was always surrounded by law books as I am a fourth generation lawyer. In school, I was a voracious reader and enjoyed participating in debates and theatre. I would describe myself as having a gregarious personality and a curious outlook to life, therefore I like meeting new people and learning new things.

     

    WHAT MOTIVATED YOU TO TAKE UP LAW AS YOUR CHOICE OF CAREER?

    As I mentioned, law is in my blood, so to speak. Having said that, I was never forced to make it my career choice, rather I gravitated towards it organically. I was really impressed by the respect that the legal profession commanded and the fact that it was really about helping people in their time of distress. This is why it is called a noble profession.

     

    TELL US A BIT ABOUT YOUR TIME STUDYING LAW AT NUJS.

    I am proud to say I am an alumni of NUJS. It is a fine institution with an excellent faculty and one whose students have gone on to achieve great things in life. In college I was a member of the literary and debating society and headed the society for advancement of criminal justice and also the magazine committee. I also took active part in moot courts, MUNs and the cultural festivals. The learnings I received, both inside and outside the classroom, the life experiences I had and the friendships I made — these will stay with me for life. I do want to make a point here though. College life comes with it many challenges and everything is not always smooth sailing. It is in these difficult times that one has to carry on and hope that things will work out. And most times, they do.

     

    COULD YOU TELL US ABOUT THE INTERNSHIPS YOU TOOK UP, AND WHAT YOU LEARNT FROM THOSE EXPERIENCES?

    As is the norm, my first internship was with an NGO, followed by court internships (district courts in Delhi, Delhi High Court and the Supreme Court) as well as a judicial clerkship. Thereafter I interned in law firms such as AZB & Partners and Khaitan & Co. While academic learning is essential, there is no substitute for practical experience and I learnt the practical aspects of being a lawyer during these internships.

     

    WHAT ADVICE WOULD YOU GIVE STUDENTS IN AVOIDING A DECISION PARALYSIS WHEN MAKING A CAREER CHOICE?

    A decision paralysis is actually a blessing, since it is caused by having an abundance of choices. Ultimately, it comes down to what you enjoy doing. If you enjoy being in a court setting, and do not mind waiting a few years before raking in the big bucks, then a career in litigation may be for you. If you prefer the corporate lifestyle with the glamour of closing deals, then you may consider a law firm or an in-house role. The beauty of law school is that it opens up the doors to a variety of options – graduates have also chosen to join the civil services, judicial services, teaching profession and even politics.

     

    TELL US ABOUT YOUR EARLY PROFESSIONAL EXPERIENCES AT ICICI BANK LIMITED. 

    I was fortunate to get an opportunity to start my career with ICICI Bank. The legal team at ICICI is especially renowned for building a strong foundation in its fresh recruits. I gained transactional knowledge and learnt the intricacies of the banking sector during my time there.

     

    WHAT WAS THE TRANSITION LIKE FROM LAW STUDENT TO A LAWYER?

    Every student finds it intimidating when thinking about the shift from law student to lawyer and I was no exception. Three things helped make the transition smoother – the training I received in law school, self-discipline along with self-motivation and the guidance from my senior colleagues.

     

    HOW IMPORTANT IS IT TO HAVE A MENTOR?

    It is not only important, but absolutely essential to have a mentor. In fact, I would say not only one, you must have as many mentors as you possibly can. Mr. Edwin Vanderbruggen, Ms. Jean Loi, Mr. Jeffrey Martin, Mr. Nishant Choudhary, Mr. Arun Khanna, Mr. Kumar Medhavi, Mr. Raunaq Baid, Ms. Leena Chacko, Ms. Sarita Kamath, Ms. Nitu Agarwal and Mr. Sanjay Nambiar have guided me along my path.

     

    HOW DID YOU COME TO WORK AT TATA CAPITAL FINANCIAL SERVICES LIMITED AND WHAT WAS YOUR EXPERIENCE LIKE?

    Having worked in a bank, I wanted to gain experience working in an NBFC and this was an ideal opportunity. I worked closely with various stakeholders including other creditors, multiple borrowers, business teams and law firms, to build common ground and resolve legal and commercial issues to ensure that a deal goes through. At this time SARFAESI also became applicable to NBFCs and I helped revise the debt recovery policy of the organisation. I find the NBFC space to be an interesting sector with its own unique challenges.

     

    HOW WAS YOUR EXPERIENCE WORKING AT YES BANK LIMITED?

    YES Bank is the fastest growing organisation in the banking sector and the first greenfield bank to be licensed by the RBI. I was involved in a variety of transactions, including GIFT City funding and Masala Bonds. The experience I gained there is invaluable.

     

    WHAT IS IT LIKE TO WORK IN MYANMAR? WHY DID YOU MAKE THE SHIFT?

    It is an exciting place to be in since the country has only very recently opened up its economy. There are new projects coming in every day with foreign investors, and the legal regime is being overhauled as well. So, I am getting the opportunity to learn a lot and, at the same time, make a meaningful contribution to the progress and development of the country.

     

     

    ON WHAT PARAMETERS DO YOU CHOOSE THE PROJECTS YOU WORK ON?

    First, as expected, I work on the projects I have been assigned, which consist of a variety of transactions, including project finance, structured finance and debt recovery. Beyond this, I choose to work on projects which are somewhat new and off the beaten track. For example, in Myanmar I have worked on a World Bank project for the restructuring of state owned banks and advised the government on the drafting of housing laws. I have also made presentations on the new company law, investment law, insurance law and condominium law. I advised a foreign airline company on market entry into the aviation sector.

     

    COULD YOU TAKE US THROUGH A TYPICAL WORKING DAY AT YOUR OFFICE?

    Typically, a working day would see me handling multiple transactions at a time, meeting with clients and, time permitting, work on drafting a memo on a new law or a legal update.

     

    WHAT BOOKS HAVE YOU READ WOULD YOU SAY HAVE PLAYED AN INTEGRAL ROLE IN SHAPING YOUR LEGAL PHILOSOPHY?

    Three that immediately come to mind are Before Memory Fades by Fali Nariman,Roses in December by Justice M.C. Chagla and On Balance by Leila Seth. These autobiographies of renowned jurists have greatly influenced my thought processes.

     

    WHAT ARE THE KEY ATTRIBUTES THAT ONE MUST DEVELOP IN ORDER TO EXCEL IN THIS INDUSTRY?

    A person who reads a lot is bound to excel in this industry. Hard work and discipline are a must. It is important to enjoy what you do, since that keeps you motivated. And finally and most importantly, the key to success lies in one word – practice.

     

    HOW DO YOU MANAGE YOUR TIME BETWEEN YOUR PROFESSIONAL AND PERSONAL INTERESTS?

    Work-life balance is important to avoid getting burnt-out. I enjoy traveling, reading, biking, trekking, swimming and spending time with my pets.

     

    HOW DO YOU KEEP YOURSELF UPDATED ABOUT THE LATEST DEVELOPMENTS IN THE LAW?

    I feel the best way of learning is by doing. If I hear about some new developments in the law, I try to write about it. We regularly hold presentations and circulate a legal newsletter. External sources such as legal websites (Bar & Bench, Legally India) and newsletters from other organisations are also a useful source of information.

     

    WHAT ADVICE WOULD YOU LIKE TO GIVE OUR READERS, WHO ARE MOSTLY LAW STUDENTS AND YOUNG LAWYERS?

    To law students I would say, even if you decide not to become a lawyer, five years in law school teaches you how to think. This will hold you in good stead wherever you go. To young lawyers I would say play the long game. Law is truly a jealous mistress, but if you serve her well, she will take you places.

  • Anupam Sanghi, Founder, Anupam Sanghi & Associates, on Competition Law, her pro-bono work, and plans for the future

    Anupam Sanghi, Founder, Anupam Sanghi & Associates, on Competition Law, her pro-bono work, and plans for the future

    Anupam Sanghi graduated in law from Nagpur University in 1997. She then went on to pursue her Masters in Competition Law from Kings University, in 2010. Anupam is the Founder and Managing Partner of Anupam Sanghi & Associates (ASA), and heads the TMT, Competition/Antitrust and Regulatory Practice. She has pioneered in these areas for the last eighteen years of practice, advising MNCs and SMEs on every aspect of legal & regulatory strategy, M&A transactions, compliance & training, intellectual property rights and dispute resolution / arbitrations. She is also a frequent writer, speaker and presenter at national and international conferences and seminars.

    In this interview we speak to her about:
    • Her experience in competition law
    • Her pro-bono work
    • Starting independent practice

    How would you like to introduce yourself to our readers? 

    Hello Superlawyers, to all those who consider themselves so! I initially wanted to be a CA, and law was the second option in that list. But it’s turned out to be the best choice I’ve made. I find the legal profession exciting and creative as it has the potential to transform society and move us towards a growth trajectory.  

    What motivated you to take up law? 

    I am actually a third generation lawyer. My grandfather, Late Vishnu Kumar Sanghi, was a leading lawyer, practising at the Nagpur Bench of the Bombay High Court during the period of 1940 to 1990. My uncle, Late G.L Sanghi, was a Senior Advocate, practising in the Supreme Court of India between 1957 and 2006. My grandfather inspired me to study law. He wanted me to pursue law even if I didn’t intend to practise it in the future. Though I had enrolled in the CA/CFA programme initially, I decided to pursue law soon after. As a final year law student, I worked in the chambers of Mr. Rajiv Nayyar where I got a chance to learn drafting Intellectual Property and Commercial Litigation matters. Once I started to work, I was more and more inclined to making this my career and soon found myself jumping into it like a fish takes to water.

    Did you take part in co-curricular activities while in college?

    As a student, in school as well as college, I was interested in co-curricular activities and participated in music and sports. I am trained in Indian classical music. I have participated in table-tennis championships. My love for sports made me play other games like squash and lawn tennis. In my opinion, co-curriculum is a very important aspect in a student’s life. These activities have helped in shaping my personality as a person who loves to take challenges and never gives up. A very important life lesson that sports teaches one is to accept defeat graciously and never give up. The defeats have in fact motivated me to do better. I feel it is a must for students to be part of co-curriculum, to take challenges and to realise that winning and losing is part of the learning curve. Engaging in sports, debates and other hobbies would certainly help students and fresh graduates to get a holistic perspective of life, deal with their pressures more positively and not get overwhelmed with the competitive atmosphere they face.  

     

    What books, judgements that you have read would you say have played an integral role in shaping your legal philosophy?

    In the beginning of my career I had picked up Nani Palkivala’s We The People. His speeches on the Indian economy were illuminating. He elaborated on the advantages of de-control and modernization in his budget analysis. In my opinion, the fundamentals of capitalism discussed by him in the book are very relevant in today’s time and would help budding entrepreneurs understand the economy better. He dedicated his time meticulously to work, as best exemplified by his success in the case of Keshavananda Bharati, one of the landmark matters he  argued in the Supreme Court. Interestingly, as a man of such sharp intellect, he also enjoyed reading self-improvement books (especially those  by Peter Drucker).

    The other legal luminary who has immensely inspired me is Soli Sorabjee. Besides the books he has authored, I used to be thrilled to read “Soliloquies”, his column published in the Indian Express. The way he made even inane matters seem humorous left me in awe of his staggering wit. 

    My Uncle, Late G. L. Sanghi, who was a Senior Counsel in the Supreme Court also had a very powerful mentoring effect on me. He was deeply perturbed by the the rampant human rights violations all around. However, he was always optimistic and truly believed that the legal profession would play a significant role in finding a solution. He felt deeply about the role of law societies (like LAWASIA where he was a past President) in these changing times. He also encouraged me to attend seminars from the very beginning of my career. I have been part of various seminars, in India and overseas, and am an active member of LAWASIA. At the LAWASIA conferences, I have met various brilliant jurists from all over the world who are like family to me today.

    In practice, all my seniors have played a crucial role in shaping me, both as an individual and as a professional. I was fascinated to meet Mukul Rohatgi, who was my first senior. He would argue in fifteen to twenty matters one after the other. Working with him, I learnt court craft and brevity. I am still learning how to be precise and make sharp arguments like him. After about a year I joined my dream firm, the erstwhile Amarchand & Mangaldas & Suresh A Shroff & Co. At the Firm, I was drafting and handling clients and court matters, dealing with senior counsels, billing, and so on. I was a part of all the activities required to run a practice. I was fortunate to handle big litigation matters in emerging areas like Telecom and Arbitration. I single handedly worked on the matters, used to report to Pallavi Shroff or Ritu Bhalla. They were extremely demanding as bosses and they brought out the best in me. For me, every day was a new test and a new incarnation of she-who-must-excel. I would have never learnt so much if I would have stayed under the family umbrella. In AMSAS, I also got a chance to work with Shardul Shroff in a couple of advisory matters and it was at this firm that I harboured dreams of one day setting up my own practice independently.

    In order to further polish my skills as a practitioner, after three years in AMSAS, I joined the chambers of Neeraj Kaul when I was also appointed as a Counsel for the Central Government. With him, I learnt court strategy and how to think on my feet. Besides sharpening my skills as a litigator, he made me take inspiration from my work and to work harder rather than questioning the sluggish legal system.

     

    Could you tell us about the internships you took up?

    Before I graduated as a lawyer, I interned with EY and learnt accounts, cost auditing and also a fair bit of accounting standards. I also worked in the Chambers of the present Attorney General, Mukul Rohatgi. There I learnt court strategy and case research. In those times research wasn’t as convenient as it is today. We didn’t have sites like SCC online and Manupatra to assist us. In order to get the relevant judgment, one had to understand the proposition to be argued and also the applicable legislation and provisions. Today, even non-lawyers can mindlessly do a keyword research and get relevant judgments. Knowing the exact point in issue is an art, which I learnt while working in the chambers of Mr. Rohatgi. I consider myself very lucky to have had such an opportunity.

     

    From a law student to a lawyer, how will you describe the transition?

    A part of me is still a student. It keeps my enthusiasm and the eagerness to learn more alive. To be a good lawyer, it’s imperative to be a good learner. My journey has been very fulfilling and enriching. I took the learning path by first joining the chamber of a senior counsel to know and understand the law well, then a law firm to apply the law and to learn to manage a legal practice. Then I went on to develop myself as a professional and as an independent arguing counsel and finally as a specialist in niche areas. My transition has been enlightening and I hope I can inspire my juniors to find their niche practice and polish their knowledge and skill sets in the same.

     

    Given the dynamic nature of the field you practice in, how do you keep yourself updated about the latest developments in the law?

    I wake up early morning for a walk and before going to courts or meetings, I must sit and read some case laws or articles on current issues for an hour. In the beginning of my career, I inculcated the practice to read a lot and to reflect the same in my work.

    I have been sharing my insights on new developments in Competition law on various social media platforms like Linkedin, Facebook, etc. It has the advantage of getting responses and knowing the viewpoints of others.

    I have been part of the LAWASIA network since 2003 where I participate in seminars on different areas of law every year. Since the enforcement of competition law in 2009, I have had the opportunity to speak in antitrust / competition law events organized by other forums around the world.

    What are the causes you feel strongly about? 

    I like to guide and support senior citizens with their legal issues and wills, especially when they are torn between their children who are too busy in their lives to care about their parents. Another segment which I think needs help is juvenile delinquency. I have been involved with the cause, whether it’s relating to their legal issues or overall development. I am also part of Project Abhimanyu where we provide free guidance and mentoring to law students. Lately, I have been involved in guiding young Indian entrepreneurs who lack awareness of legal and regulatory matters for their startups. I truly believe that it is not possible to have a sustainable business in an unsustainable policy environment. All business models rely on certain external conditions. Most important among these are a country’s economic policy and regulatory framework.

    There is a yawning communication gap between the government and businesses. With the right mindset, this gap can be bridged and doing business can be made a lot simpler. The economy needs to grow steadily to ultimately alleviate disparity and poverty as well. Creating a competition culture by proper enforcement of competition law will surely enable this.

     

    Tell us about your early professional experiences at Amarchand & Mangaldas. 

    Before I joined AMSAS, I was already working till midnight in the chambers of my uncle who was a Senior Counsel (Late Mr. G. L. Sanghi) in the Supreme Court. I used to be delighted to work with him, I would read and research with him till late night, post dinner. I used to enjoy getting an insight into issues that came to his mind at real time. However, in senior counsels’ chambers, Friday evenings were sacrosanct and there was always a pre-planned dinner or outing with other lawyer friends.

    Though I already had long working hours, at AMSAS, the pressures were different – it was more about client handling, team work, drafting and filing matters. I had to give up on Friday evening plans and even work through weekends. But at the end of the day I was happy and satisfied with the work, so the long working hours never bothered me.

    What were the challenges and learning opportunities that you faced in establishing Anupam Sanghi & Associates?

    One major challenge that I faced while developing my clientele is that managers in the corporate sector often look at small term solutions. Although I would show them the importance of looking at a long term solution to mitigate legal and regulatory risks, they cannot look beyond temporary corrective measures. If stakeholders appreciate the need to seek strategic advice, follow compliances before legal issues arise, a lot of knee jerk litigation can be avoided resulting in smooth functioning of their business plans. It gets very challenging to explain this to some business managers, especially those managing the Tech Start-Ups who need to safeguard their investments the most. However, they are beginning to see the benefit of my approach with the funding drying up and fire fighting not helping them in their litigation strategy.

    Also, the legal field is getting so competitive that we lawyers tend to get caught up in the rat race. Since I was finding this frustrating, I focused on developing my practice in a few niche areas. Thankfully, I could overcome this challenge as I resisted the rat race and stayed focused in specializing in niche areas, like competition and regulatory law.

    Building a team was also difficult as a hard task master. Now I can say I have been lucky enough to work with a dedicated and hardworking team that enjoys working on emerging issues. I feel in this day and age of social media distractions, it’s important for budding lawyers to be disciplined and to be molded into thorough professionals from the very beginning of their careers. The attractive salary packages being offered by big law firms also pressurizes them to target on earnings while they lose their formative years of knowledge building.

    Can you tell us about your experience interacting with legal stalwart Prof. Richard Whish?

    (Prof. Whish’s book on Competition Law is followed as part of the curriculum in almost every college, globally, and Anupam has had the opportunity to attend training sessions by him.)

    While doing telecom litigation, I would be looking for solutions to bring about a level playing field as DoT & PSUs like BSNL / MTNL have policy better policy benefits compared to the private players who were sinking in huge funds only to be at risk in an uneven playing field. I found that competition law did have the solution as it can be a great leveler. I enrolled at King’s College for their Postgraduate Diploma in EU Competition Law to add to my knowledge base. Prof. Richard Whish made the subject so easy and interesting that I would not blink in the entire session from 9 AM to 5 PM. The course was never ending as the latest case until the date of examination had to be studied, analysed and applied. Even for a lawyer, competition law as a subject  is not easy to understand theoretically. However, I treated Prof.  Richard Whish’s book like the Bible and what seemed like a complicated subject with more of economics became interesting. The college does have a great faculty, the other professors who took some modules were also quite good and made the subject interesting for us. I think I would never be able to understand the real philosophy behind competition law if I had did not gone through the program. It has helped me to wear two hats – one as a lawyer and the other as an economist.

    I used to enjoy studying  macro economics and costing while studying CFA (from ICFAI) prior to law. So, I think I found what was closest to my heart by studying competition law at Kings, London.

    How do you feel about the present competition law regime in India? 

    The Competition Regulator, Competition Commission of India (CCI) has created an impact in several sectors by fining for anti-competitive business conduct. For instance, the CCI has imposed a penalty of around Rs.6300 Crores on the cement cartel for price fixing, Rs.250 Crores on the LPG cylinder cartel for bid rigging, Rs.2500 Crores on car manufacturers for exclusive dealerships, Rs.630 Crores on DLF for abusing their dominance by unilateral agreements, and so on. The CCI has also come down heavily on PSUs such as Coal India for abusing their dominant power by forcing one sided terms in their Fuel Supply agreements with SEBs.

    These are record breaking fines making headlines since 2011 and by now CCI has created a fear amongst managers who are conscious of getting under the CCI scanner.

    Some of the other giants under CCI investigation are Ola, Google, Monsanto & Ericsson. In the last seven years, CCI has made its presence felt well. Though there is still a long way to go as most of these orders imposing penalties are challenged before the Delhi High Court, questioning the jurisdiction of CCI, the appellate tribunal COMPAT has remanded back cases to CCI to comply with principals of natural justice. Few matters are also before the Supreme Ccourt on issues regarding CCI’s jurisdiction and to decide on the method of calculation of the penalty. So, the courts would hopefully further evolve the law enabling in creating a competition culture. The characteristics of online markets are quite different compared to the traditional markets and free pricing / predatory issues arise. So, although the key prohibitions that violate competition law would be the same, the market data has to be analysed with a different approach as technology has changed the way the market works. Due to lack of sophisticated market definition and economic analysis, in the earlier years, CCI passed some inconsistent and / poorly reasoned orders, with two different approaches to market definition in similar markets. Advocacy for a level playing field at the policy level, following international jurisprudence and trends set by competition authorities from developed jurisdictions would help develop this sector.

    On what parameters do you choose the projects you work on?

    I have been focusing my work on evolving regulatory issues in the TMT space. So, I consciously developed a practice around Telecom, ICT / Technology sector. Competition regulation is an overarching law. Further, as a complete / holistic lawyer, it’s imperative to deal with dispute resolution. Therefore, I have developed a corporate / commercial law practice involving litigation & advisory in niche areas.

     

    How do you manage your time between your professional and personal interests? 

    Work keeps me wired in all the time but I do snatch out time for my love for concerts and music jams, going to the sports club on weekends, reading good humour by witty authors like P. G. Wodehouse and Oscar Wilde, Bill Bryson who depicts his traveling so hilariously. There is no other way but to somehow squeeze in these activities in my agenda.

     

    Where would you like your career to take you five years down the line?

    I would like to contribute to the development of competition law as a practitioner and academically as well. Actually, I would like to spend more time visiting universities sharing practical guidance with students and corporate managers, organize more events for students as a mentor in Project Abhimanyu. Hopefully, I will be working on a Artificial Intelligence (AI) project to further simplify my legal practice.

     

    What advice would you like to give our readers, who are inclined to developing a proficiency in Competition Law?

    Competition law is an emerging field. It is going to take some time before every firm develops a particular team for Competition law. Lawyers/freshers who want to develop a career in competition law will have to be patient to get work opportunities. It is imperative to focus on learning and research and finding solutions to every grey area in the field. Also as competition is a niche area the cases are limited as compared to general litigation. Having said that, every year the practice is evolving and is becoming more demanding. It is important for the lawyers to be focused at this stage, as this field will certainly gain an edge over other practices.

  • Ajoy Halder, Partner, HSA Advocates, on his time at NLSIU, and his experience in Energy and Infrastructure Law

    Ajoy Halder, Partner, HSA Advocates, on his time at NLSIU, and his experience in Energy and Infrastructure Law

    Ajoy Halder graduated from NLSIU, Bangalore, in 2004. After successful stints at Trilegal, Amarchand Mangaldas, Pinsent Masons, among others, he is currently Partner at HSA Advocates. Ajoy has diverse experience of representing sponsors, banks and governments on all aspects of infrastructure transactions including PPP transactions, EPC/construction contracts, project finance transactions and M&A/joint venture transactions (in infrastructure sector). The sectors in which Ajoy specialise are transport including airport, rail/metro, port and road; power including renewal and non-renewal; water; and oil & gas. He has extensive experience of advising on infrastructure and energy transactions across Asia including India, Philippines, Malaysia, Singapore, Myanmar, China, Indonesia, Bangladesh, Pakistan and Sri Lanka; Africa including Uganda, Kenya and Zimbabwe; and Middle East.

    In this interview we speak to him about:

    • His time at NLSIU
    • The best time to pursue an LL.M
    • His experience in energy and infrastructure law

     

    How would you like to introduce yourself to our readers?

    I am an energy and infrastructure lawyer with more than thirteen years of experience in this practice area.

     

    Give us a brief overview of your life at NLSIU. 

    NLS is a very liberal and tolerant institute which provides opportunities to (and teaches) the students to have diverse views and co-exist. In addition to law, it teaches skills which are needed to survive/succeed in life, such as making presentations, public speaking, social skills, etc. The schedule at NLS can be a bit hectic – attendance is compulsory, multiple research papers are to be written each trimester followed by presentations and exams. The regular classes commence early in the morning and get over by lunch, which provides ample time to the students to engage in co-curricular/ extra-curricular activities. Life at NLS would often depend on the interest of an individual student. I was moderately active on the co-curricular/ extra-curricular activities. It could be very competitive but I kept myself away from that. Based on my experience, NLUs being specialized institutes for legal education, are probably more conducive to legal education.

     

    What kind of internships did you engage in during your student years?

    I interned with NGOs, corporates and law firms with a slight exposure to dispute resolution. Internship gives you an insight into the real world, therefore, law students should utilize internship opportunities and explore various fields of law and understand the work culture associated with different fields of law. The exposure from the internships and feedback from my professors/ alumni helped me realize that I wanted to be a corporate lawyer during my initial years after law school.

     

    What internships would you recommend to a student who also aspires to carve out a career for himself/herself in corporate law?

    I would recommend interning with litigating lawyers, law firms and corporates. Litigation exposure gives a good understanding of how laws and contracts are interpreted when it comes to disputes and corporate internships give an insight on what the corporates expect from a corporate lawyer working at a law firm.

     

    What are your areas of specialisation and how did you go about choosing these fields?

    I specialize in advising on energy and infrastructure projects across Asia. I have also worked on a few projects  in Africa and the Middle East. During my initial years as a lawyer, I practised a little bit of everything (mainly general corporate, banking and projects). I started liking energy and infrastructure projects better than other areas of practice and thus specialized in energy and infrastructure. Further, my stint with Pinsent Masons in Singapore gave me a greater exposure to energy and infrastructure projects across Asia, Africa and the Middle East, and my liking for this area of practice continued. It is very interesting to advise on energy and infrastructure projects in different jurisdictions. Most of the jurisdictions have their own peculiarities, which makes these projects more interesting, and of course, your learning curve is very high. The learning from one jurisdiction is usually utilized in advising on energy and infrastructure projects in a different jurisdiction and vice versa. I plan to continue working on this area of law.

     

    At what stage in one’s law school life must one pick a specialisation?

    A corporate lawyer should ideally not decide on which field he/she wants to specialize in law school. In fact, one should not commence specialization until two to three years of practising law. It is very important to have knowledge of most areas of law. The initial years should be spent on working on as many different areas of law as possible. This will not only help in deciding which area of law one is good at but will also help in providing all round advice to clients in subsequent years.

     

    Who was your mentor, or main source of inspiration who motivated you all along the way?

    I did not have any mentor. Initially, monetary consideration was an important inspiration; however, (luckily) as I started working, I started enjoying infrastructure and energy related assignments. I started understanding the sector, not only the legal aspects but also the commercial aspects- this helped me grow as a commercial lawyer. I tend to learn from people around me, they are my inspiration. Some are good at drafting, some at analysis, while others at some other aspects of legal practice. I try to pick up different attributes from different people.  

     

    Would you say law school prepared you for the real world practice of law?

    I am not sure if law school prepares you for the real world of practice of law. But if we enter the legal profession with an open mind and are willing to un-learn and re-learn, success is around the corner. It is very important to work diligently during the initial years. Most of the important skills (research, drafting, analytical skills, client management), which will sustain us as a lawyer for the rest of our careers, are learnt during the initial years of law practice. I worked diligently during my initial years trying to absorb as much as possible. The learning curve should be very high during the initial years of law practice.

     

    Tell us about your experience working at a Tier-I firm like Amarchand & Mangaldas.

    I think confidence plays an important role. Confidence usually comes with knowledge and willingness to learn. In most leading firms, a lawyer would be dealing with clients across continents. Therefore, a professional approach and some social skills are also a prerequisite for success at a leading firm.

     

    How do you say interns should go about their work at a firm like Amarchand & Mangaldas, so as to get noticed in a positive way in the limited time they have?

    Small things go a long way; be on time, complete tasks on time, work sincerely on the assignment given to you, proofread documents before sending to the attorneys, dress professionally, don’t repeat mistakes. Basically, be diligent and sincere.

     

    Back in your student years, did you ever see yourself becoming the partner of a firm as reputed as HSA?

    I am happy that I am a partner at HSA. However, I don’t remember being concerned about or putting too much of emphasis on partnership during my college days. I was more concerned about job satisfaction and growing as a lawyer and as a person. Luckily, early on in my career I realized what area of law I wanted to specialize in and I kept at it. Thus, perseverance/consistency played an important role in my career. I was fortunate to get the opportunity to work at Amarchand & Mangaldas and then at Pinsent Masons in Singapore. These two law firms played a very important role in my career. In addition to knowing/learning the law (which should be a given for any lawyer), one needs to have strong analytical and social skills to be in any leadership position. Both these law firms taught me plenty of these.  

     

    Give us a brief capsule of the life of a partner and your average working day experience.

    I am quite hands on when it comes to execution. Therefore, I spend a lot of time on execution of transactions. In addition, I spend considerable time on business development activities and some time on administrative matters of the firm. An average day would start with replying to various mails, followed by legal work and business development activities (may not be in this order).

     

    If given an opportunity, what would you do differently in your career journey up to this point? 

    I have worked in Delhi for the longest time, then briefly in Mumbai and then for a few years in Singapore. This has given me diverse experience and I am quite happy about that. I am content with where I am.  In the initial years, one should concentrate on learning and should not change too many jobs.

     

    Is there any other suggestion you would like to give to our budding lawyers?

    Work hard, and more importantly, be kind(to yourself and people around you). Law is a demanding profession and maintaining amicable relations with clients and colleagues will help your career in the long run. After all, it’s a small world.

  • Chaitanya Ramachandran, Legal Counsel-India, Twitter, on technology and law, and his experience

    Chaitanya Ramachandran, Legal Counsel-India, Twitter, on technology and law, and his experience

    Chaitanya graduated from NLSIU in 2009. After a successful stint at Clifford Chance LLP, he went on to pursue his Masters at Stanford Law School, with a specialisation in Law, Science and Technology. He is currently Legal Counsel (India) at Twitter, where his role entails managing litigation in courts throughout India, drafting and negotiating commercial agreements for all Twitter products, services and partnerships, advising on Intellectual Property, Privacy and Data Protection law, developing and enforcing robust corporate governance policies, and developing and delivering training programs on Twitter policies and processes for both internal and external audiences.

    In this interview we speak to him about:

    • His time at NLSIU
    • Marrying law with technology
    • His experience at Twitter

    What would you like to say to our readers in the manner of an introduction of yourself?

    I’m a technology lawyer and work for Twitter, where I lead the Legal function in India.

     

    What inspired you to take up law?

    I was always interested in computers and technology, so as a senior school student I did briefly consider engineering. But I noticed that hardly anyone I saw studying engineering in India actually ended up becoming an engineer; the “engineers” all seemed to end up in finance, consulting, management, or pretty much anything other than actual engineering. So I quickly realized that it wasn’t for me. Around the same time (this would have been around the 10th standard), I started to become interested in law, largely owing to interesting and vigorous debates in the media about the controversial laws of the time (the Prevention of Terrorism Act being a notable one). I also knew a few seniors who had been admitted to the five-year law programs, and their accounts of law school life sounded very appealing to me! I’m not a first-generation lawyer, but my family was quite supportive.

     

    Tell us a bit about your time studying law at NLSIU.

    I have fond memories of my five years at NLSIU. I wasn’t particularly fixated on academics to be honest; it was the non-academic pursuits that captured my imagination. Quizzing was foremost – I have always been a quizzer, and NLSIU has a very rich tradition of quizzing. It was an honour to have been part of that tradition, and to have been part of Bangalore’s quizzing scene, which is India’s finest. Another interest that developed at NLSIU was writing – I wrote a few articles on technology law, and was involved with the publication of the Indian Journal of Law and Technology (IJLT) in its formative years. I also spent a LOT of time listening to music and discovering new artists and genres! Looking back, it was a fun, relaxed time when I was mostly free to explore whatever interested me.

     

    Could you tell us about the internships you took up, and what you learnt from those experiences?

    I don’t think I was very serious about my internships. I did one per year, which was the minimum amount required. Three of those were litigation internships in Delhi, where I experienced every level of practice from trial up to the Supreme Court. While I worked with some truly accomplished and supportive seniors, I realized that litigation as a career wasn’t for me. I didn’t enjoy the chaos and wastage of time that are an inescapable part of the day-to-day practice of litigation in India, nor did I see myself thriving in the increasingly aggressive milieu of the Bar. So more than anything else, my internship experiences steered me away from a potential career path – not that that’s necessarily a bad thing!

     

    What advice would you give students in avoiding a decision paralysis?

    Go with your gut. If you are reasonably engaged with what’s happening at law school, you should find your inclinations emerging naturally during the five years. As you learn what interests you, seek out more research, writing or internship opportunities in that field, and if you can, reach out to people in the field to learn more about what they do. Perhaps most importantly – don’t do something just because other people are doing it. That’s probably the single worst reason to do anything.

     

    Tell us about your early professional experiences at Clifford Chance LLP. 

    The transition was difficult. In addition to the transition from student life to working life, I also had to contend with the transition from India to a completely new culture. But my main motivation in signing on with Clifford Chance was to experience living and working overseas, so I met the challenge willingly. What appealed most to me about the big London law firms was that all trainees are required to rotate through three or four practice areas in the first two years, which gives you a pretty comprehensive overview of legal practice when you’re fresh out of law school. I also got the chance to spend half a year in Brazil on secondment, which was a fantastic experience. These experiences built my confidence in being able to do business across borders and cultures, which is central to what I do today. In retrospect, another thing I appreciate about these early experiences is that one tends to develop good working habits in the type of demanding work environment that firms like Clifford Chance offer, and these stay with you later, even if you eventually choose to move on to something different.

     

    Did you have a mentor or guide during the formative years of your career?

    I didn’t have a mentor, which I suppose isn’t surprising because I became interested in technology law when it was a brand-new, mostly unknown field, and nobody was making a career out of it, at least in India. It really took off in India only about five years ago, and today there’s no shortage of people in the field whom law students can seek out for guidance. Based on my experiences, I don’t think it’s necessary to have a mentor. What’s important is getting to know yourself and what makes you tick, and creating opportunities for yourself. A strong drive and quality work product will help you get noticed. I’ll also add that I’ve been very fortunate to have had some extremely supportive bosses at every stage of my career – at Clifford Chance, Amarchand Mangaldas, and now at Twitter – who have encouraged me to follow my chosen path and provided sound advice when I needed it.

     

    What motivated you to pursue an LL.M?

    Two things. The first was that I knew relatively early in my law school career that I wanted to make a career out of technology law, and a specialized degree seemed like a good way of embarking on that path. The second was that I wanted to experience a foreign academic culture and learn from the world’s leading minds.

     

    How did you keep up with the challenging academic rigor at Stanford?

    I think attending Stanford has been the single most important decision that I’ve taken in my career to date. “Rigor” is the right word – the LL.M. was a very demanding course for me. But staying motivated was never a problem; US law schools allow you to design your own LL.M. program, so I was only taking courses that I was genuinely interested in. “All killer, no filler!” In fact, the real problem at Stanford was that I was interested in more courses than I could realistically take during the LL.M. year, so deciding which courses not to take was a conundrum. Stanford Law School allows you to take courses outside the law school as well, so for the first time in my life I was able to experience a bit of non-legal higher education! Another standout part of the Stanford experience was that my professors were all world-renowned authorities in their field, and my fellow students were an extremely accomplished bunch, so the classroom environment was excellent. That encouraged me to put in the work to be able to come into the classroom and hold my own, day after day.

     

    How would you compare your LL.M experience with your under grad legal education in India?

    The difference is stark. The pedagogical cultures are fundamentally different. Five-year law schools in India are focused on classroom teaching. The vast majority of your time as a student in a US law school is spent in self-study, and you come into the classroom to both refine and question what you have learned on your own. US law schools make huge demands on your time with respect to reading, and focus much more on primary materials including case law and statutes. This helps greatly with the transition from studying to practice, as knowing your way around a judgment or statute is such a fundamental skill in practice.

     

    How did you come to work with Amarchand Mangaldas? 

    Having tossed my hat over the wall of technology law, I wanted to work with a practice that would allow me to specialize in this field. The team at Shardul Amarchand Mangaldas (which was still AMSS at the time I joined) was in the process of building out their technology practice (which was then housed within the policy and regulatory practice), and I saw this as a good opportunity to start the next phase of my career. Over two years at SAM, I got to do some very interesting work with a client base that included some of the world’s leading tech companies, and was also exposed to industry bodies and Internet institutions like ICANN and ISOC, which I remain engaged with today. I also had two incredibly supportive bosses in Mr. Shardul Shroff and Mr. Sandip Beri, who encouraged me to pursue my chosen path and gave me the opportunity to prove myself.

     

    How do you deal with the massive challenges of representing one of the most important social networking sites world over?

    (Chaitanya is Twitter’s first Counsel in India.)

    It never gets boring, that’s for sure! Twitter is a unique place, and I never cease to be amazed by the ways in which our users are constantly reinventing how they use our platform; to joke, to speak up (or speak out), to connect with like minded strangers, to share information at the speed of light, to stay connected with what’s happening in the world. I often have to deal with difficult legal issues where the law provides little to no guidance and there’s no ready solution, which is precisely the kind of challenge I thrive on. It’s also a privilege to work for a company that shares my own values – that free speech is valuable and worth defending. I always find my work engaging due to the inherent nature of Twitter; the legal issues I encounter are closely connected to current events in India and beyond. When work gets especially demanding, I stay motivated by remembering that what we are doing is giving every person in the world a voice –an idea that has gone from being absolutely unthinkable to indispensable reality within my own lifetime. That’s powerful stuff.

     

    On what parameters do you choose the projects you work on? 

    These days, as an in-house lawyer, I don’t have much room to choose – I have to deal with whatever crosses my desk! Though as someone who has always wanted to work in tech, I find most issues I come across at Twitter very interesting. In previous roles, I definitely tried to build up a corpus of work in my chosen field, and was fortunate enough to have access to clients that offered exactly the type of work that I wanted to do. I’ve learned that you must proactively seek out the type of work that you want to do – don’t count on it finding you. While fresh-faced graduates may not have a huge amount of choice right off the bat, this becomes easier to do with more experience.

     

    Could you take us through a typical working day at your office?

    I don’t think I’ve had a single day at Twitter that has gone perfectly according to plan! Nevertheless, to give you a representative example, I typically start work early and catch up on my inbox and the news. I try and reserve technical work like marking up an agreement or reviewing a litigation draft for this time of the day, when I’m at my freshest. I may have a Hangout scheduled for mid-morning with one of my internal business clients, where I’ll bring them up to speed on the current status of their ongoing deals, and learn about other deals that are in the pipeline. I may then move on to reviewing requests from various parts of the company that I need to approve; these could be anything from supplier contracts to press releases to creatives for an upcoming ad campaign on the platform. While my colleagues and I always talk about having a sit-down lunch at one of the many restaurants nearby, this mostly remains a pipe dream, and I usually only have time to grab something from one of my favourite shops or food trucks and catch up on Twitter or The Economist. Post-lunch, I may have a regular Hangout scheduled with one of my international counterparts in the Legal organization, after which I’ll usually try and check off the remainder of my list of goals for the day – perhaps complete a piece of legal research, respond to a customer or internal client, or work on an internal company policy or process that’s being updated. I’ll then try and beat the notorious NCR traffic on my way back home, where I’ll resume attacking my list and catch up on my inbox. Later that night, I may have a cross-time zone call with our headquarters team and outside counsel to set our strategy and prepare for an upcoming court hearing. I’ll hopefully end the day feeling that, while not everything may have gone to plan (there are always surprises and emergencies that you can’t account for), I made meaningful progress on my goals for the week.

     

    What books, judgements that you have read would you say have played an integral role in shaping your legal philosophy?

    I’d say my philosophy has been strongly influenced by the writings of three lawyer-statesmen: Thomas Jefferson, for his conception of individual liberties and their central role in society as well as his mastery of the written word; Jawaharlal Nehru, whose idealism and clarity of purpose shone through vividly in his writings; and Lee Kuan Yew, whose warnings about the essential fragility of civilization and the dangers of populism seem especially prescient in 2017.

    With respect to my day-to-day work, a book that has influenced me greatly is High Performance with High Integrity by Ben Heineman, which I was introduced to as a student at Stanford. It is essential reading for in-house counsel, and I strongly recommend it to anyone who is interested in this line of work.

     

    What are the key attributes that one must develop in order to excel in this industry?

    I think the key skill for in-house lawyers is being a good listener. The outcome that we are always pursuing is helping our business colleagues achieve their goals while simultaneously protecting the interests of the company. Listening well helps you identify potential risks and ask the right questions. An added benefit is that it helps you learn something new every day, especially at a large, diverse company where you’re surrounded by colleagues working on amazing stuff that’s well outside your comfort zone as a lawyer. The only way to develop this skill is to practice it everyday.

     

    How do you manage your time between your professional and personal interests? 

    I’ve learned that you have to make the time for the things you value in life – no one’s going to hand it to you. Music is my first love; when I’m not at work you’ll probably find me playing or tinkering with one of my guitars.

     

    How do you keep yourself updated about the latest developments in law?

    On Twitter!

     

    What advice would you like to give our readers, who are mostly law students and young lawyers?

    I don’t know how qualified I am to give advice, but since you’ve given me a soapbox, I’d encourage anyone reading this to be original and follow their own interests within (or outside) the law, wherever they may lead. I often turn to a great quote by Phil Knight that has pride of place outside the Stanford Graduate School of Business: “There comes a time in every life when the past recedes and the future opens. It’s that moment when you turn to face the unknown. Some will turn back to what they already know. Some will walk straight ahead into uncertainty. I can’t tell you which one is right. But I can tell you which one is more fun.”

     

  • Sarvesh Saluja, Senior Associate, Trilegal, on working at Khaitan & Co., corporate law, and the need for an LL.M

    Sarvesh Saluja, Senior Associate, Trilegal, on working at Khaitan & Co., corporate law, and the need for an LL.M

    Sarvesh Saluja graduated in law from Vivekananda Institute of Professional Studies affiliated to Guru Gobind Singh Indraprastha University, in 2008. He then went on to pursue his Masters from Kurukshetra University and holds a Post Graduate Certificate in Cyber Laws from Indira Gandhi National Open University. After successful stints at The Practice, ibibo Group, PAV Law Associates, BT Telecommunications, Khaitan & Co., and Accenture, he is currently Senior Associate at Trilegal, where his role entails advising on various aspects of telecommunication, broadcasting and information technology regulations like interpretation of terms of various telecom licenses like UASL, UL, Audiotex License, OSP Guidelines, uplinking and downlinking guidelines, M&A Guidelines, spectrum trading and sharing guidelines, IT Act etc.

    In this interview we speak to him about:

    • His expertise in media, telecom, and technology law
    • The importance of pursuing an LL.M
    • His experience thus far

    How would you like to introduce yourself to our readers?

    On the professional front, I am a corporate lawyer specializing in Telecom, Media and Technology matters. On the personal front, I am a sports junkie. I follow most sports and try to take out time for some sports like cricket which are very close to my heart.

     

    Did you feel like not being from an NLU was a disadvantage in any way?

    Nostalgia kicks in when I think about law school days. They were an eclectic mix of varied influences and activities. Activities in law school comprised moots, paper submissions in addition to the usual classes and the most important of all, college banter. I think the diverse activities and influences shape your personality in addition to your professional skills. Personally, I did not face any discrimination because of the lack of NLU tag. Most law firms judge you based on the work done. Having said that, having the tag of a prestigious institution comes with its advantages but one has to follow up with good work to actually build on the advantage.

     

    What were the activities, academic or otherwise, that you undertook in your law school days which in your opinion have shaped you and your career?

    I was an active participant in various moot courts organised by our college. Also, we had a regular system of court visits. I think the court visits and the moot courts got me acquainted with the level of persistence required in the profession.

     

    What kind of internships did you engage in during your student years?

    My internships were a heady mix of court practice and corporate law firms. I think the initial internships were more about finding out the fields which excited me and the later ones were about trying to gain a perspective on the work and tasks to be performed. I think all my internships gave me a perspective about various facets of law. I feel that the experiences gained at various internships lay down the foundation on which an individual can shape up the career.

     

    Are LL.Ms absolutely necessary for a career in law?

    I do not think that LL.Ms are an incumbent for a career in law unless one is looking to go towards academics. An LL.M program requires you to delve deeper into the areas of law one chooses. So in effect, one gets to do a lot of work and research on the chosen topics. Also, one gets to interact with a variety of people and gain perspectives which enhance the networking skills.

     

    What in your opinion are the factors to be taken into account by a student while choosing a field to specialize in?

    I feel that specialization comes in much later. A student should try to gain experience in at least the basics of law before going in for a specialization. One should take into account, I think, one’s aptitude and strengths. Also, one should also be very careful about the anxiety to jump into a specialization very early in career as the basics are something which cannot be ignored.

     

    Could you give us some insights on working with a tier-I firm like Khaitan & Co.?

    Khaitan is a truly professional law firm in every sense of the word. Khaitan gave utmost emphasis on looking for pragmatic solutions for clients and building a relationship on the basis of good work. I think the work culture and timings in most Tier-I firms revolve around the requirements of the clients. However, in terms of mentorship and colleagues, I think I was fortunate enough to work with some exceptional mentors and colleagues in Khaitan.

     

    What should the CV of a student aspiring to land a corporate job look like?

    A student should try to build in ample internship experience in corporate law firms/ corporates to land a good corporate job. Having said that, other activities like moot courts, court visits and being part of various committees carried out in college also count and one should build up an impressive array of activities to be put in a CV.
    I am a firm believer in the notion that during the formative years one should try to get into as many varied internships as possible. Also one should interact with the professionals in the field to gain perspective about the work and understand the finer nuances of the profession.

     

    How do you say interns should go about their work at a firm like Khaitan & Co., so as to get noticed in a positive way in the limited time they have?

    Due to heightened competition for slots in Tier-I firms like Khaitan and Trilegal, an intern has to be really pro-active. The earlier measure of just performing the given tasks has been upgraded and now the emphasis is on the analytical capabilities, smart work and ability for value add. I think these factors would help interns get noticed in a positive manner.

     

    Tell us about your current work profile with Trilegal.

    My current work profile in Trilegal is a mixture of the general corporate and TMT work wherein I am involved in both transactional work and regulator advisory. A typical day starts much before reaching the office when I read the e-mails and make plans for the work to be done. The timings hover depending on the requirements of the clients. A typical day would involve drafting, internal discussions and research on various aspects.

     

    What is your message to our readers?

    As a parting message, I would like to quote Justice Joseph Story who said, “The law is a jealous mistress and requires a long and constant courtship. It is not to be won by trifling favors, but by lavish homage.”
    In the present context, I believe this quote has become even more relevant and would go to the extent of saying that it is not only the lavish homage which is required but a lavish and consistent intellectual homage which is required to win it over.

  • Abhiraj Krishna, Founder, Abhiraj Krishna Associates, on independent practice, and e-commerce law

    Abhiraj Krishna, Founder, Abhiraj Krishna Associates, on independent practice, and e-commerce law

    Abhiraj graduated from NLIU, Bhopal, in 2009. Soon after, he joined the Mumbai Office of Khaitan & Co. While with Khaitan, Abhiraj worked on diverse client matters, on domestic and cross‐border mergers and acquisitions, private equity and business transfers. Abhiraj advised many domestic and international clients, on entry options in India and assisted them in setting up businesses in India by advising them on key structuring issues with respect to Indian law including foreign exchange regulations in India. He is currently sole proprietor at his independent venture, Abhiraj Krishna Associates, which aims to provide participative and facilitative legal solutions to business eco-systems in India.

    In this interview we speak to him about:

    • His time at NLIU
    • His experience at Khaitan & Co.
    • Venturing into independent practice

    How would you like to introduce yourself to our readers?

    My professional credentials aside, on an aspirational note, I would always like to be introduced as a lawyer with solutions. And as a business facilitator and somebody who takes the stress out of the legal practice but not seriousness.

     

    Give us a brief overview of your NLIU experience

    The NLIU experience is fundamental to the development of my overall personality. Law school years are the foundation blocks and so this experience would always remain precious for me. At the cost of sounding a little grandfatherly, I would like to emphasise that law school experience is far more than just legal learning. This is the time for you to involve and engage with the argumentative and reflective side of you. It is this that you carry forward in your life.

    One thing that was distinct at NLIU during our time there was that things were not always easy. The institution was still in its evolutionary stages (from both infrastructure and public perception perspective). Since we knew that things were not always easy to get, we always had the zeal to go that extra mile and we learnt how to wait. The relationships we built then, we carry with pride till today. I am not talking about only my wife, Aditi (who was my batch mate in law school), but also our faculty, office staff, helpers everyone. The immense diversity in terms of social and cultural background of students at NLIU instilled in us acceptance for all. And the ability to hear, understand and appreciate other perspectives. These are real learnings.

     

    What are the subjects that you took particular interest in during your law school days?

    I have always been the type to be interested in philosophy courses. I was one of those in law school who was often caught reading Kafka, the one who was often told by everyone to stop the gyaan! No wonder then that I have many nicknames around that. So, yes, I had a keen interest in courses that reflected on the philosophy of law like the courses in English (that was more Law and Literature Course), sociology of law, jurisprudence, etc.
    To be honest, these fundamental courses have gone a long way even in developing my practice of corporate law. The methodology of analysis learnt through these humanities courses lay the foundation of going beyond the book. I think this is absolutely critical when you want to expand your practice.

     

    What kind of internships did you undertake during your student years?

    I have interned at a variety of places, State Human Rights Commissions, SEBI, Khaitan & Co, Talwar Thakore & Associates, district courts and High Courts. I don’t think there is any strategy for internships. However, in my view, five years at law school with approximately ten months of internship is a great time to peep into various practice areas. The best part about legal education is that it opens a whole set of career opportunities. The more you explore the better it is. It is important that you love what you do and it’s difficult to find real love in the first shot. So keep exploring. However, it is still recommended, especially if you are purely applying for jobs through campus or otherwise, that by the start of fourth year you start focusing on internships in the area that you want to work on.

     

    In your opinion, what are the law school centric activities that you would recommend as necessary experiences for every law student?

    Anything and everything that you are interested in. I am too small to comment on the requirements of being a successful advocate. We all are students and will always so remain. There is so much to learn and explore. I am of the view that this “balanced CV” issue is overhyped. In this profession, you are as good as your last deliverable. So, you would actually not carry your grades, moot-court certificate, or papers anywhere. What you can carry is your learning from them. Having said that, you have to justify your law school stay to your perspective employer. Not doing anything may not be the best option if you’re looking for a job.

     

    Growing up, did you have a mentor?

    I have received so much guidance from so many people that it is difficult to single out names. But yes, my mother is my constant source of inspiration. My wife, Aditi, is my biggest critique and a pillar of strength. Life is a beautiful gift and legal knowledge is a very effective tool in adding to not only your beauty (through hard-earned money) but also for really creating a positive impact in your client’s business and/or life. This realisation itself is a very positive and inspiring thought.

     

    What does it take to make the cut and land a Tier-I job?

    (Abhiraj had previously worked with Khaitan & Co., one of the most sought after firms for placements by students, as a Senior Associate.)
    For one, I was amongst the top students (in terms of grades) and had previously interned with KCO. However, ours was a very difficult time in the wake of recession (2008-2009), so it was a lot of divine grace in my case. Law firms today are looking for aptitude and attitude. At times, where we are already discussing artificial intelligence, conventional ways of looking at legal practice of only having certain CGPA/ papers is slowly becoming redundant.

     

    How significant is Grade Point Average with respect to recruitment at Tier-I firms?

    This is a first indicator of a student’s seriousness, so it is relevant. The first level filter. Grades do not show how intelligent you are but it is a good indicator of how diligent you are. So, it is important to have good grades but that number/rank race is irrelevant.

     

    What or who motivated you to take the leap of faith to found your own consultancy firm?

    It was an individual phase-wise evolution. Whatever legal practice I have is from my learning at KCO. However, there came a time where I decided that it is time for me to move and concentrate on the areas of law that I am passionate about. I still get a lot of guidance from my seniors at KCO. My father (who was a law professor himself) used to tell me always that in legal practice, if you do not have confidence of earning your bread and butter from independent practice, then don’t expect a law firm to give you a job. They will require you to earn at least four parts so that you can take one part for yourself.

    AKA just happened. Really, I did not think this through then and I am fairly instinctive about this even now. I am fortunate that corporate leaders and institutions have shown faith in my work. I just endeavour to deliver to the best of my ability. This is a long journey. But it is fulfilling and I am enjoying it. This is all what matters now.

     

    Do you provide internships at your office?

    Yes. We do have a comprehensive intern guidance program. We are open to both in-office and remote working arrangements. We have commenced recruitment and are primarily looking for freshers. The quality we seek is appreciation and eagerness for learning; don’t say no to any work. Since we are not receiving huge amount of applications at the moment, we really don’t need to apply the grade filter

     

    What does your regular working day at AKA look like?

    To be honest, a typical day is as busy as any corporate firm. Multiple matters are underway at any given point in time. However, we try to keep it as stress free as possible. Removing unnecessary formality in the way of our functioning, we have a relaxed work culture. We do a lot of regulatory structuring / start up advisory so there are lots and lots of discussions. Challenging new developments present themselves every day.

     

    If given an opportunity, what would you do differently in your career journey up to this point?

    Nothing. The only blunder one can do is to believe that there can be any blunder in career. It is an evolution. There is always a U turn, few miles away. Don’t restrict yourself in any stereotyped images. Experience, explore, then firm up your mind.

     

    Is there any other suggestion you would like to give to our budding lawyers?

    The legal profession is a very demanding one. You have to enjoy this journey to sustain. While money is a good reason to choose corporate law, it is not good enough to sustain your practice of law. Find your own path. Try opening a PPF account as soon as possible-patience, perseverance, and faith. This account is helping me realise my dreams. It may also be helpful for you.

  • Rupesh Mishra, Assistant VP-Legal, Everstone Capital, on being In-House Counsel, working at Khaitan & Co., and his experience

    Rupesh Mishra, Assistant VP-Legal, Everstone Capital, on being In-House Counsel, working at Khaitan & Co., and his experience

    Rupesh Mishra graduated in law from National Law Institute University, Bhopal, in 2007. After a successful stint of approximately seven years at Khaitan & Co., he joined Everstone Capital, a South East Asia focused private equity fund and presently works as Asst. Vice President – Legal (Private Equity) at their Bangalore offices. He focuses his expertise on private equity and venture capital investment, joint ventures, mergers and acquisitions, strategic alliances, foreign investment laws, and general corporate law advisory work.

    In this interview we speak to him about:

    • His time at NLIU
    • Working at Khaitan & Co.
    • His experience thus far

    How would you like to introduce yourself to our readers?

    First and foremost, I would like to thank SuperLawyer for this interview. By way of introduction, I was born and raised in Rewa, Madhya Pradesh, a district town better known for white tigers. In my free time, I like to spend most of it playing with my one-year-old daughter, Miraya, helping my wife with her ventures, and reading fiction.

     

    Tell us a bit about your time as an undergraduate at National Law Institute University, Bhopal.

    It is indeed a great privilege to attend an NLU. Law school was a massive platform for me both in terms of personality development as well as career opportunities. During the five years, I had the good fortune of reading and understanding law and literature, I met some brilliant minds and inspiring characters, and made some friends for life. Overall, law school was full of fun, friends, aspirations, hard work and, of course, a race to score grades.

    Did you take part in co-curricular activities while in college?

    (Rupesh has represented his law school at the Philip C. Jessup International Law Moot Court Competition.)

    I used to play volleyball, did a few plays, participated in moot courts and essay competitions and wrote a few articles. However, I feel that I could have done much more than this. Co-curricular activities are a medium to express various traits of your personality. It also helps in learning team work, coordination, management, organising skills, etc.

    The Philip C. Jessup International Law Moot Court Competition was probably the biggest event of my law school life. It was the first and only time I participated in a moot court competition. I would like to offer my sincere gratitude to the two speakers of my team who preferred me as their researcher. I think we were a remarkable team. We were really thrilled after qualifying for the international round particularly because it was the first time our university qualified for the international round of Philip C. Jessup International Law Moot Court Competition. The feeling of representing our nation and university on an international platform was incredible.

    The entire process was enriching. It was amazing to witness law students from around the world approaching the same problem in various different ways with their unique style of arguing. It was a great confidence booster for me. It also helped in refining my research and analytical skills which have always been noticed and appreciated throughout my professional career.

    What were your areas of interest during your legal education?

    During the law graduation course, I was more inclined to substantive laws than procedural laws. Contract law, constitutional law, corporate laws, public international law, IPC were my favourites. I developed an inclination for corporate laws in the last two years of the course when I was sure that I will pursue a career in corporate laws.

    What are the causes you feel strongly about?

    I feel strongly about wildlife and nature. I believe that it is our duty to preserve them for the future generations. I am associated with a few NGOs which support these causes.

     

    What advice would you give students in avoiding a decision paralysis?

    I am always in favour of more education. It is always a plus to your personality and legal acumen. If one has the time and resources, he/she should definitely pursue higher studies without comparing its utility and returns in monetary terms. In my view, going for further education after four to five years of work experience is a better choice.

     

    From a law student to a lawyer, how will you describe the transition?

    Transition from a law student to a lawyer is a gradual process, not an event. It is about responsibility, accountability, coordination, professional conduct, discipline, etc., which you learn over a period of time. Due to the guidance and support of people with whom I worked during my initial professional life, it was quite a smooth transition for me. According to me, perseverance, hard work and discipline are the keys to success.

    Could you please share with us your early professional experiences at Khaitan & Co?

    At Khaitan & Co. my core area of practice was M&A and general corporate advisory. I also worked extensively in the areas of education law, NBFCs and real estate laws. I feel fortunate to be picked up by Khaitan & Co. on day zero of campus placement. In 2007 when I joined Khaitan & Co., it was not as big as it is today. There were a handful of lawyers in M&A and the general corporate team. I had the great privilege of directly working with the managing partner as well as other senior partners of the firm. This helped me immensely in terms of exposure, client management, time management, quality of deliverables, etc. The overall experience with Khaitan & Co was enriching. It laid a strong foundation for my professional career going forward.

    After seven years at the firm, what I can say for sure is that there is no short cut for success; you should keep working towards your goals every day, and over a period of time you will definitely see favourable results.

     

    What prompted you to take up a position at the Everstone Capital?

    I was always fascinated by the position of a General Counsel, the kind of respect they command inside and outside the organization, their business acumen, their practical and holistic approach towards any legal issue and tremendous risk assessment ability.

    After leaving Khaitan & Co. in April 2014 and shifting base to Bangalore due to personal reasons, I came across this opening at Everstone and decided to go for it. I was particularly impressed with the job profile (mainly the private equity related work, which I enjoyed doing in the law firm as well) and the unique opportunity to get a first-hand experience of private equity business. Today, after working at Everstone for more than two and half fruitful and successful years, I can say that I am a better ‘business’ lawyer. I am glad I took the right decision at the right time! Everstone has a very strong in-house legal and secretarial team. My role as an in-house lawyer is professionally very different than an associate’s role in a law firm. My role is more about risk management and enabling the business to maximize opportunities within its risk appetite. As in-house counsel, I have to move beyond the narrow technician tag and be a proactive and trustworthy partner rather than someone who is reactive and deals with a problem when they arise. Also, there is a great sense of partnership at Everstone—where all functions support each other extensively—as well as support Everstone’s partners such as its portfolio firms and its advisers.

    Right from the non-disclosure agreement and term sheet stage, I am actively involved in drafting and negotiation of definitive documents, monitoring the transaction and implementing the process and systems to achieve the desired outcome in light of my knowledge and understanding of the “bigger picture” of the company’s operations, in coordination with my very smart colleagues and inspirational seniors. Further, I am also responsible for coordinating with and managing multiple work streams such as bankers, legal counsels, tax advisors, internal investment team, finance team, secretarial compliance, etc. This is an exciting experience and allows for great learning. I also help the portfolio companies with legal advice or documentation from time to time as and when required.

     

    Could you share with us the process you adopt from choosing a research question to writing the article?

    I prefer to write about contemporary issues. There are a couple of processes through which I choose a topic. Firstly, if I have to deal with any peculiar issue as part of any transaction or otherwise, I like to share my research and learning about that issue in the form of an article. Secondly, if there is a new legal development which may have a significant impact on my practice area, I like to share my thoughts about that as well. After selection of the topic, I think about the readers who will be interested in that subject matter. Depending upon the category of readers, I decide the scope, content, and language of the article. Once these things are sorted out and I have a synopsis ready, I start working on the content of the article. For that, I do extensive research and speak to experts to get their practical inputs. Once the first draft of the article is ready, I share it with at least one subject matter expert and someone from the target readers’ community for proof reading and inputs.

     

    What does a typical working day look like for you?

    There is nothing like a typical working day, every day in office is different. The beauty of private equity is that no shortage of action, especially at an active and highly professional firm like Everstone. There will always be something exciting happening either in the form of potential investments, live deals, exits or portfolio management. A regular working day will involve discussion with business folks on new investments, live deals and exits opportunities, working on NDAs, LOIs, terms sheets, transaction documents and some advisory work for portfolio companies. Further, given that in a private equity firm you are surrounded by many investment professionals, I spend a lot of time discussing and understanding business and market related matters on a daily basis. This helps in honing my commercial and business acumen and the investing professionals at Everstone have a great depth of experience and are very supportive.

     

    Did you have a mentor or guide during the formative years of your career?

    Yes, I had a few mentors during the different phases of my career. It was a mix of senior folks in the law firm, friends from law school and close family members. In my view, it is vital to have someone around with whom you can share your doubts or problems and who can guide you towards the right path. Having said that, one should not expect that someone else will steer your boat away from troubled waters. That is something you yourself have to do. A mentor or guide can help you with developing the right perspective and a balanced approach to various things but at the end of the day, you have to execute and implement those learnings.

     

    Where would you like your career to take you five years down the line?

    Five years is a long time and it is difficult to predict anything right now. I am extremely satisfied with wherever I am and what I am doing presently. I wish to continue this momentum and keep discharging my responsibilities with utmost enthusiasm and excellence. In terms of career goals, as an in-house counsel, I am particularly looking forward to enhancing my domain knowledge and acquiring the right skill set to manage and resolve disputes. Further, I look forward to developing expertise in the domain of new laws relating to food products, pharmaceuticals, e-commerce, payment systems and taxation.

     

    Given the dynamic nature of the field you practice in, how do you keep yourself updated about the latest developments in the law?

    I religiously read at least one business newspaper every day to keep myself updated with current affairs. Apart from that, I read newsletters circulated by the Big Four firms and certain law firms on important legal developments. I also visit websites of key regulatory bodies such as SEBI, RBI, DIPP, FSSAI on a weekly basis to track any new circulars/notifications. Further, I read the IPO prospectus filed by the companies with SEBI in detail to understand different sectors and regulatory environments relevant to that sector.

     

    Do you observe a paradigm shift in the demand for In-house counsels with large companies beefing their in-house legal teams?

    Over the last ten to fifteen years most corporates and financial institutions have come to realize the benefits of having a dedicated legal team and now we see teams of more than just a General Counsel, with many hiring specialist lawyers with niche skills. Today, there is a trend to do more internally than externally. This trend is underpinned by proven cost savings and growth in complexity and risk in modern business models and industry-specific regulations which often need a lot of practical experience to deal with. Often the best response is to have expert lawyers in-house.

    Although the internal legal teams continue to expand due to solid demand for in-house counsels with five to eight years’ post-qualification experience, I believe that there is still room for growth. A lot of large companies still have just one or two lawyers and people still do not know the value that a good in-house legal department can bring because they just go to lawyers when they have a problem and do not have coherent internal processes and procedures to stop them getting into problems. I do hope that there will be an improvement in demand and supply of in-house lawyers. Everstone is one company that really understands the importance of in-house counsels and put them to very good use.

     

    What would be your advice to current students aspiring to be an in-house counsel and why?

    Contrary to the general perception, being an in-house counsel is no less challenging than being a lawyer in a law firm. Start with being a great lawyer, and then develop the other skills that may prove essential to your career choice. In-house counsel can be a great stepping stone for those who want to be further integrated into the management of an organization. Just like law firms, in-house counsel departments vary significantly in terms of their size, resources, work-life balance and a variety of work. Based on my limited experience in each role, I have found that both positions provided me with tremendous learning opportunities and helped me develop different sets of skills that are applicable to the practice of law, whether it is at a firm or in-house. In short, as with any career decision, there are always advantages and disadvantages. The decision to move to an in-house role is certainly not for everyone and depends on each individual’s personal preferences and career goals. For me, joining Everstone as part of their in-house counsel team was a great step and learning opportunity. Moreover, the opportunities in in-house or in private practice vary significantly and exist across a spectrum rather than as two discrete options. At the end of the day, finding the perfect job is as much of an exercise of introspection as it is an external search.

     

    Is there any other suggestion you would like to give to our budding lawyers and corporate law enthusiasts?

    Dream big and dare to achieve it. Corporate law practice is not rocket science. Anyone with strong domain knowledge and decent drafting and persuasive skills can do really well. Be original and never lose your identity in the process. Do not let failure go to your heart and do not let success go to your head. Have fun and enjoy every bit of the journey.

  • Shweta Bharti, Senior Partner, Hammurabi & Solomon, on management, studying at Harvard, and her diverse experience

    Shweta Bharti, Senior Partner, Hammurabi & Solomon, on management, studying at Harvard, and her diverse experience

    Shweta Bharti graduated in law from the Faculty of Law, University of Delhi, in 2002. She then went to Harvard Business School to pursue the Executive Education Programme. Shweta is currently Senior Partner at Hammurabi & Solomon and possesses experience of close to fifteen years in dealing with litigation and dispute resolution.

    In this interview we speak to her about:

    • Marrying law with management
    • Being Senior Partner at Hammurabi & Solomon
    • Taking time out for pro bono work

    How would you like to introduce yourself to our readers?

    A learner of law with an insatiable hunger to learn and excel and give my heart, soul and energy to all the matters that are being dealt with by our firm. I have been trained as a litigator and have handled crucial legal battles on behalf of clients based out of India and abroad. Being a first generation lawyer and having been thrown into an ocean of opportunities, I have learnt to swim against the tide and have thoroughly enjoyed the journey so far.

    What are your areas of specialisation and how did you go about choosing these fields?

    My interest in law developed while doing my B. Com (H) from Indraprastha College for Women, Delhi University, where I got exposed to certain areas of law, viz. Contract Act, Companies Act and Income Tax Act. I found the subjects intriguing and decided to pursue law as a career option, and also decided to do my Masters in Business Administration (since I was already working as a Executive-Business Development). As luck would have it, I got married to a lawyer who not only encouraged me to complete my course but also advised to start working as a paralegal in order to learn the basics of law while studying the subject, which would enable me to have a better understanding of the applicability of certain laws. I thereafter left my job and devoted my time pursuing law. It was then that I decided to pursue litigation, idolizing my senior colleagues, looking at the manner in which they convinced the Judges and moulded the judgments in their favour. That inspired me to opt for litigation and since then the journey has been long and interesting.

    The passion for dispute resolution developed over a period of time after attending to a few matters which gave opportunity to analyse the subject in further detail. The informal set up of resolving critical disputes with arbitrators to pursue parties to resolve the disputes in an expeditious manner was the key to dispute resolution. However, over a period of time, it is also a fact that Dispute Resolution mechanisms were only used by scrupulous litigants to buy time. While domestic arbitrations have been a huge learning, the maximum learning came from the ICC Arbitrations where the Arbitrators are particular about timelines, precision and detailing of filing the paperbook and where the expeditiousness along with quality delivery is the key.

     

    How were the first few years after your graduation?

    The initial years after coming out of Law College were extremely challenging with exposure to various facets of law which were alien to my knowledge and curriculum. I was trained to understand law but the implementation of that understanding was something that was new and challenging. While law college taught me the nuances of law, the real training came from the years I spent as paralegal, where I was involved in critical matters and got to observe how the law was to be interpreted and presented before the Court of Law, also developed research and drafting skills which enabled me shape my career as Lawyer.

     

    How do you think your managerial education has helped in furthering your career in law?

    (Shweta has engaged in a fair bit of managerial studies, from reputed institutions like Harvard Business School.)

    Being a  lawyer in today’s time also requires strategic knowledge and expertise besides the legal skills. In this age of globalization, to have the combination of law and management can hugely enhance one’s career prospects. Also considering the demand for combination skills, it definitely has its perks to have a degree in both, law and management. While managing your law firm, the business skills are of utmost importance, though it is hugely undermined by law schools and colleges. We are prepared and trained to be lawyers, but we are not prepared to be managers. Being a Senior Partner of a law firm requires you to be a Manager having the ability to handle organizational challenges, which can be as varied as Human Resource Handling, Business Development, Finance and Billings and Recoveries, etc. The art of managing an organisation is not necessarily an inherent skill, and the same has to be developed over a period of time. The managerial education enabled me to acquire those abilities.

    In the earlier times, lawyers considered it below their dignity to seek/solicit work from clients and they believed that if you have the skill set, the clients shall walk up to you on their own. Further, if you notice, the pouch behind the lawyers’ gown was meant to put whatever fees the client deemed appropriate considering your arguments advanced before the Hon’ble Courts. However, as ways of conducting business changed, the culture of running multinational companies trickled down to law offices as well. Now lawyers are akin to entrepreneurs where they need to hone their organisational skills as well and if required hire specialists in their organisation to handle the various organisational facets. However even in such circumstances, it has become imperative to have the managerial knowledge in order to ensure achieving the desired results.

    What is the ideal time for a student who’s looking at pursuing an MBA after their legal education–right after law school, or after a few years of practice?

    It is best to pursue your MBA after a few years into practice of law, since it is only at a higher rung in the ladder that you are expected to deliver both your legal as well as the business/entrepreneurial skills. It is necessary to mention here that not all the lawyers have managerial skills, which is a completely different ball game. Also with the demand for in-house counsels rising, having a management degree gives you a competitive advantage. Many such in-house counsels are also now taking up the role as the CEOs of the companies.

     

    Are there institutes in the country that offer joint degrees in law and management?

    (With IIMs in India being harbours for IIT graduates and with a bare minimum legal crowd, their courses and entrances are also being structured for engineering students.)

    Presently there are only a few institutions offering LLB-MBA degree. NALSAR is one of the pioneers to offer a combination of law and business qualifications. NLU, Jodhpur offers an MBA (insurance), and is amongst the first ones in the country to offer the combination of business and law. There are a few universities offering BBA-LLB degree but still the offering is a far cry as compared to the present day need.

    Do you offer internships at Hammurabi & Solomon?

    We do offer internships at Hammurabi & Solomon and have had interns from various law schools. We also have a Fellowship Programme, where the final year students can engage themselves with the firm full time for a period of six months and upon their successful completion of thep rogramme, are inducted into the team as lawyers. They are paid a stipend during this period and I have personally found this Programme to be a win win for both the learners as well as the firm since we are able to understand the potential of a candidate while the learners get the opportunity to learn on the job the nuances of law and its practical application.

     

     

    What does a regular day look like for you?

    My average working day as Senior Partner requires me to fulfill both my roles, as a lawyer as well as manager efficiently while creating a balance between both the critical aspects. Any dereliction in either responsibility has its own downfall and thus creating the right equilibrium is the key to success. My daily working has its unique challenges and thus am compelled to set my priorities for the day straight early in the day. The targets are set and thereafter I get rolling with completing my assignments one after another. There are days of high adrenaline when the deadlines are super imposing and there are cheat days when I do get some time to read something interesting I have been postponing for a while. The day is a mix of team meetings, Court/Arbitration hearings, Client meetings and thereafter also handling the day to day administrative challenges related to Human Resources, Finance and Billings, Recoveries, Business Developments etc.

     

    What is your success mantra which has helped you balance your hectic professional life with your social life? 

    (Shweta is also a very active member at various international forums including the International Bar Association (IBA), Organization for Economic Co-Operation and Development (OECD), Inter-Pacific Bar Association (IPBA), Society of Indian law Firms (SILF), I-Tech Law, Legal & Tax Summit of Indian Power Producers Association of India (IPPAI) on Nuclear Liability Bill, International Academy of Law on Competition Law, International Indian Bar Association on new business laws of India to name a few. Shweta is also writing a contribution for a German Federal-News- Publisher –‘Bundesanzeiger verlag’ regarding the compliance laws in India. She is also acting as the External Female Member of the Complaint Committee formed by various organisations pursuant to the Vishakha Guidelines laid down by the Supreme Court of India, in order to put in place a grievance redressal mechanism against sexual harassment of women.)

    Our profession is extremely demanding and leaves very little room for any other engagements. However as we grow in the profession the ideologies with which we are brought up also demand satiation. That was the motivating factor to get engaged with causes related to societal impact including women empowerment. My understanding is that the real success is in making the lives of others better in whatever manner we can. As lawyers we have developed a skill which can be utilised to make the lives of those downtrodden women for whom law is unaffordable a little better by fighting for their rights. Our pro bono works have been much acclaimed and we aim at continuing our good work for the betterment of our society. The only mantra is hard work. There are no short cuts in this profession. The more hard work we put into the profession the better is the outcome. Also the hunger to excel is a huge driving force and keeps us striving for doing better. I am hugely inspired by the legal luminaries and reading through their biographies, I have noticed a common thread running through their successes and that is the attitude of giving back to society. All of us are duty bound to give back to society from which we gained so much. That is a huge motivation in itself and keeps me going through the tough and challenging times.

     

    What is your message to our readers?

    My message is short and crisp, endeavour to excel in whatever you do. Patience, perseverance and persistence always pays, and the only shortcut to success is hard work.

  • Arijit Bhattacharyya, Assistant Manager/Senior Consultant, PricewaterhouseCoopers India, on working for the Big Four, and his diverse experience

    Arijit Bhattacharyya, Assistant Manager/Senior Consultant, PricewaterhouseCoopers India, on working for the Big Four, and his diverse experience

    Arijit Bhattacharyya graduated from Symbiosis Law School, Pune, in 2010. After successful stints with Softcell Technologies Ltd., and AXA Business Services Pvt. Ltd., he went on to work in the capacity of Consultant- Risk Advisory Services (TMT) at Ernst & Young LLP. Currently, he is a TMT Lawyer and a Business Consultant currently deployed in the Risk Advisory Services LoS of PwC specialising in providing ITeS clients advisory services overlooking areas of Overseas Expatriate Taxation, Employee Mobility strategy and policies. He regularly advises clients on regulatory compliance of employment, payroll tax and mobility laws of predominantly Americas and Europe region.

    In this interview we speak to him about:

    • Working at two firms out of the coveted Big Four
    • Striking work-life balance
    • His experience thus far

    What inspired you to take up law? 

    While there was no such resistance from my family and acquaintances, there was a lot of doubt / suspicion regarding the career path I would eventually follow. I am a first generation lawyer in the family and no one in my immediate family is associated with law or legal practice. However, when I was starting to prepare for my 12th board exams, I was specialising in commerce, two of my seniors were trying for national law schools through various entrance tests. There was no CLAT back then and each law school conducted their own entrance tests. One of my seniors cracked NALSAR and I was bit by the curiosity bug. I researched about the five year integrated law course and the diverse career options it comes with. My parents were supportive of the fact that I took one whole year off just to prepare for the entrance exams and after a year of preparation I finally got into Symbiosis, Pune. Symbiosis was a good and established brand and thus I went ahead with the admission formalities.

     

    Tell us a bit about your time studying law as an undergraduate student at Symbiosis Law School, Pune.

    I hail from a small town in West Bengal, and as such soaking up the popular Pune culture took time. Law as a discipline was new to me. Nevertheless, I managed to stay afloat academically while participating in various extra-curricular activities throughout the first two years of college. During my first year, I participated in a cultural exchange programme titled “Lexus Nexus Symphony” and went on to participate in fests such as Mood Indigo – IIT Bombay. My grades improved drastically third year onwards as I got a foothold on the exam pattern as well as when specialised subjects were introduced like International Law, Corporate Finance, Accountancy and Taxation. I took a general liking towards the specialised subjects in which I scored more.

     

    What were your areas of interest during your legal education? 

    My areas of interest during my law school days were a mix of subjects. I took general liking towards International law, Company law and Taxation. Naturally, my interest in Company law paved the way for my inclination towards regulatory compliance. However, in practice, my short traineeship in Legasis Partners opened up Regulatory Compliance as a viable practice area. Nevertheless, it has taken me seven years to gain a foothold in the Regulatory Compliance domain. While on the domestic front Regulatory Compliance is seeing frequent enforcement now, the scenario is very different in global markets with enforcements being conducted by enforcement agencies frequently. Hence, subsidiaries of Indian companies run the risk of getting pulled up by enforcement agencies quite often. Very few people know that Regulatory Compliance as a career choice is equally rewarding.

     

    Could you tell us about the internships you took up, and what you learnt from those experiences?

    Of all the organisations I interned with, my memorable experiences are when I had interned with Victor & Moses, a full service law firm based out of Kolkata, and Tata Steel, Mumbai. Both the internships were very enriching and taught me the everyday nuances of a corporate lawyer’s life that I am leading now. More than expertise, these internships taught me the schedule of a corporate lawyer and the various roles you need to juggle with when at work. I would not be honest if I mentioned that the above internships imparted expertise in the truest manner, as, you need to intern with a particular law firm twice or thrice to gain a foothold in any particular subject matter.

    What advice would you give students in avoiding a decision paralysis?

    Rather than choosing to study further immediately after completion of graduation, I would suggest students to focus on choosing the right place of work where for the first three years, one would learn from their seniors thereby acquainting themselves to a particular service area. Any further study should be taken up by an individual only when he/she has a foothold over an area of specialisation and want to probe more into the subject matter. Further, in light of the present day recession, the pros and cons should have been measured by the individual regarding the return on investment. This according to me is the practical choice, however, choices differ and ambitions vary from person to person, hence this is very much subjective to individual choices.

     

    From a law student to a lawyer, how will you describe the transition?

    The transition from a law student to a lawyer has not been smooth. Each day was a learning for me. Law schools invest heavily on the theoretical knowledge and do not prepare you with the practical knowledge of advocacy as well as advisory. Time and again the in-house counsel roles have changed to include popular business skills such as risk evaluation, risk management, data analysis, excel skills and cost evaluation.

    When it comes to a career in a Big Four advisory firm, the gamut of skills that you should be equipped with change drastically. Apart from soft skills, one should be very skilled in evaluating numbers and should at least have a basic idea of data analysis. I had to invest a lot of time in learning number crunching, excel analytics, advanced excel and data analytics for my roles in EY and PwC. As assignments in Big Four advisory are shorter in nature, one has to be very through and precise with knowledge pertaining to the regulatory risk area, its impact and the enforcement risk.

    What are some of the key nuances that are often overlooked in drafting and research?

    There is only one guideline to drafting and research and that is “attention to detail”. Any research work or drafting assignment should be properly thought through, comprehensive in nature and should not end in a rush. Remember, that even after checking the document n number of times there can be improvements made in the document and mistakes discovered.

     

    What prompted you to take up a position at the Ernst & Young LLP?

    The Brand itself was a deciding factor. EY is a leader in consulting, tax and audit not only in the global arena but in India, it tops all the other Big Four firms in terms of revenue, ranking, growth and employee strength. Moreover, EY was always a dream job for me. Bagging EY gave me recognition amongst my peers and even boosted my confidence. I owe my practice area and specialisation to my learning in EY. A regular year at EY would constitute of specialised trainings, business simulations and learning academies for honing business consulting skills.

    In EY I was part of the TMT team overlooking Technology sector and occasionally Telecommunications. I was part of the largest Technology team servicing a client list of who’s who of ITeS industry, NYSE listed organisations and Fortune 500 Companies. As a consultant, my primary job was to conduct third party regulatory assessments of overseas subsidiaries of ITeS companies in the areas of Employment, Immigration, Payroll tax and Data Protection laws, highlighting red flags, suggesting process improvements and cost saving initiatives. This aside, there were other assignments as well which kept me busy, such as compliance framework services for ITeS clients and contract risk review projects for Telecom clients.

     

    What was the experience of meeting with the Global CEO of Ernst & Young and sharing stage with him like?

    Typically, throughout school and college extracurricular activities have always kept on interesting me. Similarly, in EY I got the opportunity to be a founder member of an in-house rock band named RAAGA. Being a self-taught guitar player I play electric guitar mostly in my leisure time, and had the opportunity to participate in college fests during my early college days. However, when there was an announcement by a HR team member in the induction regarding registrations being sought for musicians, I couldn’t help but register myself. Over the next year and a half, the Partners at EY were supportive enough to invest in full studio equipment for us and we did host some of the memorable in-house rock shows in EY. One such in-house performance was scheduled specifically for the visit of the Global CEO and on completion of our show, we were greeted by him personally. He literally spent two minutes talking with us on stage. That was a priceless moment for me and would always remain etched in my heart. Meeting and talking to the Global CEO of an organisation like EY doesn’t happen everyday.

     

    Tell us about your present role at PricewaterhouseCoopers.

    The core service area and target clients I cater to has not changed much from my stint at EY. As an Assistant Manager / Senior Consultant, I now have got the opportunity to delve more in the practice areas that interest me. I am a subject matter expert of Overseas Expatriate Taxation and primarily specialise in leading third party regulatory compliance assessments of overseas subsidiaries of ITeS companies in the areas of Expatriate Taxation, Employee Mobility strategy and Regulatory compliance with employment, payroll tax and mobility laws of predominantly Americas and Europe region. PwC has offered me the opportunity to diversify my industry expertise to include Pharma clients as well. A routine yet significant part of my role also covers training of junior resources as well as taking part in sales pitch and other business development activities for my practice.

     

    What does a typical working day look like for you?

    A typical working day would start at 10:00 in the morning and go on till 10:00 / 11:00 in the night during peak season. However, there are regular shorter days at work during the lean season. My work profile includes meeting and interacting with clients, understanding their business needs, their business model, operations and business functions in order to add value to my services.

    Every single day at work is unpredictable which is why working in a Big Four is severely competitive and interesting as well. There are lots of multitasking required on a daily basis as one may be working on multiple projects/assignments at the same time. Time management, attention to detail and soft skills are of essence as there are stringent deadlines to be met more often and you have to be on your feet constantly.

     

    Did you have a mentor or guide during the formative years of your career? 

    I did have a mentor and guide during my college days and also during the early days of my career. In my college days it was my senior at college Adv. Boudhayan Bhattacharyya. While on the career front it was Apurva Amitesh who helped me develop my core expertise in regulatory compliance. It is certainly important for anyone to have a role model and a mentor to guide you during the early days of your career. It helps you to learn important skills from your mentor as well as prepare you for future roles.

    How do you manage your time between your professional and personal interests? 

    My interests outside law are motorcycle touring and playing guitar. Though time available is very limited during a working week, I do follow my interests and hobbies on weekends. I strictly take an annual vacation of ten days at the end of the year to strike a balance between leisure and work.

     

    Where would you like your career to take you five years down the line?

    Well I sincerely want myself to be regarded by my clients as one of the finest TMT lawyer and Business Consultant in the global employee mobility space.

     

    Is there any other suggestion you would like to give to our budding lawyers and Corporate law enthusiasts?

    Once you have chosen law as your career, at least by your fourth year be certain of the line of practice that you would want to pursue after graduating (advisory, academia, law firm, in-house counsel). Be sure to intern in a law firm more than once and keep exploring lines of service which interest you. Chances of landing a pre-placement offer with any law firm increases once you have interned with the law firm at least thrice and have been able to demonstrate keen interest in a specific area coupled with commitment to better your prospects in that area. In any case internships should be strictly limited to law firms as you learn more in a law firm. And like I said earlier, be focused on choosing the right place of work where for the first three to four years, you would learn from your seniors and get acquainted to a particular service area.