Super Lawyer

Author: Editor

  • Raddhika Singh, Managing Partner, Aletheiaa Legal, on being a first generation lawyer, studying at King’s College London, and starting her own firm

    Raddhika Singh, Managing Partner, Aletheiaa Legal, on being a first generation lawyer, studying at King’s College London, and starting her own firm

    Raddhika Singh graduated from Campus Law Center, batch of 2006. She then went on to pursue her Masters from Kings College London, University of London. Since then she has worked with Remfry & Sagar, K&S Partners, and Luthra & Luthra Law Offices before starting out on her own.  She is currently Managing Partner at Aletheiaa Legal, an Intellectual Property and Corporate law firm.

    In this interview, we speak to her about:

    • Studying at Kings College London
    • Working at Tier I firms in India
    • Starting her own firm.

     

    How would you like to introduce yourself to our readers?

    I am a first generation lawyer and entrepreneur. I am the Founder and Managing Partner of ALETHEIAA LEGAL an Intellectual Property and Corporate Law Firm. I was enrolled with the Bar Council of India in August 2006 and over a decade have had the privilege of working with India’s Tier 1 law firms like Remfry & Sagar; K&S Partners and Luthra & Luthra Law Offices.

    I did my schooling from The Army Public School, Dhaula Kuan. I pursued History Hons. from Hindu College and LL.B from Campus Law Centre, Delhi University. Thereafter, I completed my Masters in Intellectual Property Law from Kings College London.

    On a personal front, I belong to a family with four generations in the Indian Army. My father retired as a Brigadier from the Army and my mother is a PGT English who taught for nearly 35 years in India and Bhutan. My elder sister is an Assistant Vice President, Corporate Transitions with a global business process management and services and IT corporation. I am married to Bharadwaj Jaishankar, who is an Associate Partner with an Intellectual property and Commercial Law firm.

     

    What motivated you to take up law as your choice of career?

    While I was growing up I was inspired and captivated by the way lawyers’ especially criminal lawyers were portrayed and the role they played in delivering justice. I was an avid reader and enjoyed books authored by John Grisham especially The Runaway Jury and The Pelican Brief. I loved watching thrillers, murder mysteries and legal dramas and enjoyed predicting and resolving cases before they were solved in the serials/movies. I was out spoken, possessed good communication and analytical skills and enjoyed interacting with people… so choosing law as a career came naturally to me.

     

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

    Internships are extremely important as you get first hand practical experience. I started interning from the first year itself. In my three years, I interned at the National Human Rights Commission, Delhi, at Tees Hazari with a senior lawyer practising on the criminal side, with Rajinder Narain & Company and lastly with J. Sagar Associates. Hence, I got to experience diverse fields of law ranging from Human Rights, Criminal and Civil litigation, Corporate Commercial law and Intellectual Property law which played a significant role in helping me choose my area of specialization. There could be a major difference between the area of law that intellectually stimulates you and what you enjoy practicing on a daily basis. My advice to students would, therefore, be to intern with law firms/organizations practising different areas of law so that ultimately you can identify the area where your interest lies. That is why internships are very important as they expose you to the diverse facets of law.

     

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

    Majority of law students on graduating are faced with a dilemma on whether to pursue higher studies or start working. This is a very personal decision and would depend upon several factors that every student must consider while taking the decision. The most important parameters that must be considered while making the decision are, inter alia, do you wish to practise in India/abroad? Do you have the funds/scholarship to finance studies abroad? Do you know the area of law that you wish to specialize in? Do you wish to work in India after graduating from Masters, if yes then how do you plan to pay back the loan? Do you plan to work for other law firms or do you wish to start your own law firm or independent practise in future? Which are the colleges that you have applied to or received acceptance from and what are the courses? How are the employment opportunities in that country?

    Speaking from my personal experience, I chose to pursue my Masters in Law after completing my LLB as I was clear that I wanted to start my own law firm in the future and doing Masters from Kings College London would give me a competitive advantage. I also believe that pursing your Masters from a reputed foreign university is a life changing experience. You not only grow professionally but also personally. The kind of exposure students get when they are competing with lawyers from across the globe is a very enriching experience.

     

    What was the application process like for the King’s College London?

    The Application process for King’s College London was quite straight forward. I was required to submit a Statement of Purpose where I had to write about myself, my strengths, reasons for pursuing Masters and most importantly stating how King’s would benefit by offering me a seat. I applied for Masters in Intellectual Property to Kings College London as it is a premier university in the world and is amongst the top three colleges in London to pursue Masters in Intellectual Property Law. The parameters for choosing Kings was its ranking, the courses it offers, the outstanding faculty and its location.

     

    What did you enjoy most about studying at King’s College London?

    The LLM programme I pursued at Kings was a specialization in Intellectual Property Law. We got to study courses relating to Comparative Trademarks and Copyright laws in United States, United Kingdom, France and India which gave us an insight into the diverse and completely differing schools of thought pertaining to protection and enforcement of Intellectual Property Rights in different jurisdictions. At that time, we had the distinct advantage that Kings College, Queens College and SOAS were all part of University College London and we had classes with students from all these colleges. What was an added benefit was that we had the privilege of being taught by world renowned professors like Professor Sir Hugh Laddie who was considered one of the leading English judges and academics in the field of intellectual property law and Professor David Llewelyn who has co-authored the book International Trademarks Law Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights Cornish, W. & Llewelyn, D. 2007. What I found challenging at the beginning but which turned out to be the most rewarding experience was the entire educational system. At Kings, we were expected to think independently, out of the box and develop analytical and problem solving skills. These skill sets played a very significant role in developing my career.

     

    What activities were you involved in as a student at King’s College London?

    At Kings, I was elected as the Vice President of the Kings LLM Society. As the Vice President I had to organize social events such as Christmas, New Year and boat parties and seminars to enable students pursuing different courses to interact with each other.

    The year 2007-2008 was a defining moment in my life. I learnt how to be totally independent, self reliant as I had to take all the major day to day decisions myself. It was an enriching experience as I forged friendships of a lifetime with students from diverse countries and cultures. I will always cherish the experience I had at King’s and the friends I made there.

     

    Post your LLM, did you consider staying back to write the bar exam there?

    At the time of applying for my Masters, I was clear that I wanted to return to India to work with Tier-1 Intellectual Property Law firms and eventually start my own law firm. With that in mind, I didn’t consider staying back in London.

     

    What prompted you to take up a position with Remfry & Sagar and then K & S Partners?

    While I was pursing my Masters, I was clear that I wanted to specialize in Intellectual Property Law in India. In April 2008, I applied to Remfry & Sagar and was extremely lucky to get a call for an interview in May 2008 when I was visiting India for the summer break. The interview was successful and I was made an offer to join Remfry & Sagar in October 2008. I was one of the few LLM students who had a pre-placement offer before completing their Masters.

    Remfry & Sagar is India’s oldest Tier-1 Boutique Intellectual Property Law firm. One of the things I learnt at Remfry was Trademark prosecution i.e. conducting pre-filing searches, advising clients on registrability of Trademarks, developing strategies for overcoming objections posed at the time of examination/hearings, advising on assignment and licensing of trademarks etc. The prosecution experience I acquired at Remfry & Sagar played an important role in my securing a position at K&S Partners. After spending two years at Remfry & Sagar I wanted to practise different aspects of Intellectual Property like Copyright, Geographical Indications and work on contentious matters like oppositions, rectifications, litigation.

    At K&S Partners, I got the chance to be involved in handling post registration aspects including enforcement of IP Rights through civil and criminal proceedings; border enforcement measures through the Indian customs offices; IP licensing; advising on copyright law in the areas of software, motion pictures, literary and artistic works. I was part of the team and played an active role in protecting and enforcing some of India’s and the world’s well-known Geographical Indications. I also had an opportunity to travel to the United States of America to represent the concerns of traders of an Indian Geographical Indication before the US Food and Drug Administration Agency (USFDA) and Environment Protection Agency, USA (EPA). At K&S Partners, we were encouraged to think out of the box and express our opinions freely. Senior Partners and other senior colleagues took time out of their busy schedules to share their knowledge with us and to answer all the questions we had. At K&S Partners, lawyers are nurtured and mentored to give their best and grow personally and professionally.

     

    How would you describe your experience working at Luthra & Luthra?

    After having worked with Boutique IP law firms, I wanted to experience working with a Full service law firm. The reason I applied to Luthra & Luthra is because it was a small team of around eight lawyers who worked on all aspects of Intellectual Property Law from prosecution, opposition, enforcement, litigation, advisory and transactional work. At Luthra, I enhanced my drafting and research skills. I also worked on a portfolio for a leading Indian Company in the two wheeler sector by coordinating filings and enforcement of Intellectual property rights across several jurisdictions around the world. That was a learning experience where I honed my skills and felt that I was now well equipped to start my own practise.

     

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

    Being a first generation lawyer, I didn’t have any mentor to guide me in my early years in college. I, however, throughout my career and even till date have had the advantage of being mentored by several seniors in the profession. At the time when I was deciding whether to pursue my LLM or start working, I was advised by my mentor to follow my dream and pursue my LLM from Kings College London. His advice was to pursue my studies before I start working as it would give me the right exposure and advantage over my colleagues.  At each juncture in my career, when I changed jobs from Remfry to K&S and then to Luthra & Luthra I had mentors who guided and advised me. I spoke to several Senior Lawyers in the profession and Founders and Managing Partners at leading law firms when I was evaluating my decision to start my own law firm. Majority of them advised me to pursue my dream and I decided to fulfil my dream so that I never look back and say, “what if…”

     

    What made you decide to start your own law firm Aletheiaa Legal?

    Having devoted nearly eight years in the profession and worked with India’s leading Intellectual Property law firms, I believed that I had achieved the requisite experience and acquired the necessary skill sets to start my own law firm. During my stint with the above law firms, what I enjoyed most was interacting with clients, understanding their business requirements, developing and implementing strategies to protect, enforce and commercially utilize their IP assets. With this interest in mind, I took a leap of faith and founded “Aletheiaa Legal” on August 6, 2014 and have enjoyed the journey thus far.

     

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

    At the beginning, the assignments I undertook were restricted to Intellectual Property law i.e. filing, prosecuting, enforcing and drafting of agreements pertaining to licensing and assigning of Trademarks, Copyrights, Patents and Designs. Thereafter, like every law firm, I consciously decided to expand my scope of work and started accepting work relating to vetting or drafting of commercial/business contracts. With the Start-Up boom in India I have started actively advising start-ups and providing them a one stop legal solution. The body of work keeps growing with time.

     

    What are the challenges and learning opportunities that you were/are faced while heading Aletheiaa Legal?

    There have been several opportunities and challenges along the way from which I have learned and grown personally and professionally. When I started Aletheiaa Legal I had only three clients who were friends and family and today I have 90+ clients.

    The biggest challenge which every law firm faces is generating clients and revenue. I had to wear several hats of networking, generating business, advising clients, delivering before deadlines, raising invoices and following up with clients for new assignments and payments. I have learnt how to work with different types of clients and on diverse aspects of law ranging from Intellectual property rights, Information technology, Commercial and Corporate transactions, Media and entertainment, Dispute Resolution. The other challenge and learning opportunity is to keep pace with the latest developments in diverse fields of law.

     

    What are the key attributes that one must develop in order to excel as a lawyer?

    Key attributes that a good lawyer must possess are he/she must be articulate, have an eye for detail, work hard and possess good drafting and analytical skills. In addition to the above, a lawyer must be a good listener so that he/she can hear and clearly understand what the client wants and deliver the desired result. Another important skill is having the ability to build relationships through networking. I developed these skills by reading judgements, articles, seeking advice and asking questions from seniors in the profession and attending networking events.

     

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

    One of the advantages of having your own practise is that you can easily balance between your professional and personal life. In addition to work, I love travelling to new destinations in and outside India and experiencing diverse cultures; I enjoy sketching, watching plays and eating out at new places.

     

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

    I believe every challenge is an opportunity to grow in life. When I chose law as a profession my parents were sceptical as I was a first generation lawyer and didn’t know anyone in the legal fraternity. When I completed my LLB I scored very well but didn’t get placed in the Tier 1 law firms and was very disappointed. This was a big challenge as I didn’t know whether to pursue my Masters in Law or work with a law firm. I saw this challenge as an opportunity to pursue my Masters and was fortunate to get through King’s College London. Upon completing my Master’s with specialization in Intellectual Property Law, I was amongst the few students who got a pre-placement offer before completing their Masters. I achieved my dream to work in a Tier 1 law firm when I was offered a position with Remfry & Sagar. There was no looking back thereafter, throughout my career I worked with Tier 1 Law firms like Remfry & Sagar, K&S Partners and Luthra & Luthra. Another challenge that I faced in my career was when I decided to start my own law firm and only had three clients. With hard work, dedication, passion for my work and spirit to succeed today Aletheiaa Legal has over 90+ clients. In the next ten years I want Aletheiaa Legal to be counted amongst the leading Intellectual Property and Corporate Law Firms of India.

     

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

    Believe in yourself and pursue your dreams…have the faith, courage and conviction to make them a reality because if you have the ability to see those dreams, you have the ability and capability to achieve them.

     

  • Sayan Samaddar, In-House Counsel, Aksh Optifiber, on studying in Symbiosis, and his diverse experience

    Sayan Samaddar, In-House Counsel, Aksh Optifiber, on studying in Symbiosis, and his diverse experience

    Sayan Samaddar graduated from Symbiosis Law School, Pune, batch of 2012. Since then he has worked at Rohit Das & Associates, Gagrat & Co., and Chhibber & Associates. He is currently In-House Counsel at Aksh Optifiber Limited, where his role entails IPR related issues and handling complex litigation matters relating to Writs, Military Laws, Service Laws, Banking Laws, Property Laws, Consumer Protection Act, Arbitration Act, Companies Act, Suit for recovery of money, etc. as a practicing Advocate as well as a corporate legal manger.

    In this interview we speak to him about:

    • His time at Symbiosis
    • His litigation experience
    • His internship experience

     

    How would you like to introduce yourself to our readers?

    As a first generation lawyer who started off as a practicing advocate but currently has settled as an in-house counsel.

     

    What was your time at Symbiosis like?

    My life at Symbiosis was blissful. I worked very hard for the first two weeks of my first semester but soon the clarion call of college life proved too hard to resist. While I did secure decent grades, I spent much of time chillin’. I did ensure that I have the bare minimum attendance so as to avoid TNG (the term will ring a bill with Symbi folks – it basically meant one cannot sit for the semester exams on account dismal attendance). In short, it was a paid vacation for five years.

    Symbiosis not only stands out from other private institution but also from every other college. I could not take advantage of the academic facility of my college so I will not comment on how Symbiosis stands out as compared to other colleges in this regard. However, it did teach a lot of other valuable virtues which are still coming in handy.  I believe Symbiosis makes its students street smart; which according to me is a very valuable virtue to have in the long run especially in the field of law. It was very hard to find accommodation in our college hostel. Therefore, majority of the students stayed independently either in PGs or flats. I stayed with three batch mates of mine in a flat. Staying in a flat means you must look out for yourselves as far as your daily needs go. We got a fixed amount of money from parents for every month. This amount took care of our rent and our other needs. We suffered dearly whenever we prematurely spent this amount. Thus, we learned the very important lesson of money management. Paying bills on time was another valuable lesson learnt. Once we forgot to pay our electricity bill and as a result we were sitting in dark during our exams! These are small but very important lessons which no book will teach.

     

    How much of a role do GPAs play in shaping one’s career path?

    I did not attach much importance to GPAs. I only ensured that my GPA did not fall below three (our total GPA was four). Securing a high GPA is not very difficult. In fact, securing high marks in any university or school exam is not very difficult. It only requires a systematic way of mugging up the chapters and regurgitating the same on the answer sheets. One should not only focus on getting high marks. The focus should be on what one learns from all the chapters and units which are taught throughout the course. For instance, I had scored a perfect GPA, i.e., A+ in my contracts paper in my first semester; but after I had graduated I remember myself struggling to understand the meaning of a quasi-contract! The A+ was scored by the sheer power of replicating pages mugged up the night before. After my graduation, I had to re-open the Contract Act, and this time I studied with the aim of understanding the concepts rather than securing an A+. By God’s grace, now I can safely say that I do know my contract laws. Focusing only on a high GPA will not take anyone far unless one understands the concept.     

     

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

    All my internships were under practising lawyers except for one which was under Justice Khanna at Delhi High Court. My final internship was under Adv. Protik Prokash Bannerjee a.k.a Protik Da (whose chambers are a real life enactment of the verve and versatility found in his super lawyer columns). I received basic grooming from him. He instilled in me one of the most valuable lessons for any lawyer; that one must know where to look for an answer to a query and that one of the prerequisites for any lawyer is to be a good draftsman (he may disagree with I just said since he tried to teach me a lot of other things). Thus armed I prepared to embark upon another trail.

     

    What are your areas of specialisation, and when/how did you go about choosing these?

    I love civil laws especially commercial litigation and contracts. Somehow I have always loved civil matters and criminal laws never really charmed me. It remains so till date. I do not think anyone can be advised as to which field of law one should pursue. It is strictly a matter of personal choice. Do what you love to do; that is mantra!

     

    How were the first few years after your graduation? 

    My first few years after graduation were tough or to put it precisely, I was paying dearly for having enjoyed five years of paid vacation in Pune. I do not think my time in college had prepared me for the real world practice of law and there is no way I can blame my college for that.

    I had joined Protik Da’s chambers immediately after college. During my time with Protik Da, every day I was sent to the Calcutta High Court with the instruction to observe the day to day court proceedings. I observed the proceedings very intently without having the slightest idea what exactly was going on. I used to jot down in my notepad whatever I observed in the courts. Later in the day I used to sit with Protik Da and clarify my doubts. The clarifications sometimes came in form of brief lectures from Protik Da and sometimes reading various commentaries under his guidance. Thus, slowly but surely I stared having some amount of grasp of what actually goes on in a proceeding before court.

     

    What are the challenges that one needs to prepare himself/herself for when they step out of the comfort of a law school and into the real working world?

    Once college life is over there is no comfort zone. The moment professional career starts, every day presents a new challenge. In order to overcome these challenges one must have the self-belief and a never say die attitude. One must be prepared to fail, learn from such failures and move on. As Rocky Balboa said “Life’s not about how hard of a hit you can give… it’s about how many you can take, and still keep moving forward.”    

     

    During your developmental years as a lawyer, did you have any mentor(s)?

    I am still developing as a lawyer. After all, I am hardly five years old in the profession! During this short span I was lucky to have some very good seniors who gave me valuable guidance. Protik Da is one. Another very good senior I worked under is Adv Imran Tarafdar who taught me how to draft. My inspiration comes from a very materialistic source. I hail from Calcutta but reside in Delhi which means I have to pay rent along with my bills. Unless I am good at my work, I will not get a handsome remuneration for my services and unless I get a handsome remuneration I will not be able to meet my expenses. It is very simple that way.

     

    What does a judicial clerkship entail? 

    The positives which one may take away from a judicial clerkship solely depends upon two things; namely, the judge under whom one is clerking and one’s willingness to do something extra apart from what one has been assigned to do. During my time as a law clerk at Delhi High Court I noticed that a lot of my fellow law clerks were mainly into making summaries of the cases which were to be listed before the court the next day or doing some research in the Judges’ Library. In my opinion merely making those summaries and logging into manupatra or SCC online for research will not give a positive thrust to one’s career. I was lucky to clerk under Justice V. Kameshwar Rao. Unlike some of the judges, he actively involved me while drafting judgments. He very systematically used to assign to me three to four matters every week and ask me prepare comprehensive briefs for him which would offer some meaningful assistance to him when he would draft judgments in those matters. The briefs would contain the facts, issues involved, arguments advanced by both the parties on such issues and the correct position of law on the issues. He used to take special note of the way and manner in which I had drafted the briefs. Fortunately, I assisted him well. There used to be days when I had finished my work well in advance and thus had free time on my hand. During this time instead of endlessly roaming in court or socialising in the High Court canteen, I used to pour over whatever books I could lay my hands on in the Judges’ Library. This way I believe I have managed to get the most out of my stint as a law clerk.

    Now, as far as the second question goes, I believe that for a young lawyer aiming to become a practicing advocate, the best way to start off is to join the chambers of a middle aged advocate who has a variety of briefs. I am emphasising on joining a middle aged advocate because a middle aged advocate will not have a lot of assistance at his disposal. He will have one or maximum three juniors assisting him. Thus, each of his juniors will have ample of work to do. The learning and growth is directly proportional to the amount of work one does. Alternatively, one may also join a start-up firm right after college. I will not advice joining an Advocate on Record right after graduation. One may join an Advocate on Record after a few years of practice. I will also not advice anyone to join a top – tier law firm immediately after graduation. While on one hand a top – tier law firm will pay handsomely but on the other hand there are certain cons as well. A top – tier law firm will generally have a large team which will be handling a specialised branch of law. This will not be beneficial for a fresher since, at the very outset of the career, the junior will be exposed to one particular field of law only. Further, the fresher will also be handling limited amount of work on account of the strength of the team and therefore the growth will be slow. While a fresher in top tier law firm may have the opportunity to work on some high profile cases right at the beginning of career but that may not be of any help since majority of the issues involved in such high profile cases are bound to be complex therefore they will go tangent to the junior’s brain. After all, not everyone is a Salve or a Palkhivala. As far as judicial clerkship goes, a fresher may pursue the same immediately after college but for a short span, say for six to nine months and not more than that. I have already explained how to effectively utilize one’s stint as a judicial clerk. The ideal way to pace one’s practice is to start off in a small chamber where there is variety of work thereby having exposure to multiple fields of law, getting the basics right while having an understanding of how things work and then gradually move to bigger places and ultimately go independent. The timeline for these events to happen will of course vary from person to person.      

     

    Why did you move from a law firm to chamber practice?

    I spent a good nine to ten months at Justice Rao Sir’s Chambers as a law clerk before moving on to a Law firm (M/s Gagrat & Co.). It is headed by Mr. U.A. Rana who is the hardest task master I have come across till date. Under his exacting tutelage, my drafting skills were further honed besides which I was also exposed to a wide avenue of cases. I dealt with cases relating to CPC, Indirect Taxation, Consumer Cases, Competition Laws and Special Leave Petitions. By this time, I had learnt how to draft quite well and was also proficient at researching and I was itching to have a crack at arguing cases before a court. Fortunately, I was presented with an opportunity to argue an application under Order 7 rule 11 of CPC before Tees Hazari Courts. The application was preferred by my firm’s client i.e. the defendant. It involved an interesting line of argument which aimed to prove that the plaintiff had no cause of action. I had successfully argued the case and the plaint was rejected on the aforesaid ground. However, after this particular case the opportunity to argue was far and few since most of the cases in the firm were before Supreme Court. Hence, I made a conscious decision to move out of Gagrat to the Chambers of Mr. Ankur Chibber with an aim to appear and argue more cases. This was particularly tough since I took a considerable pay cut. Mr. Chibber was empanelled with a number of Government Offices and also with Army, Air Force and Navy. He predominantly dealt with service law matters. He was a wonderful senior who gave his juniors ample opportunity to learn by letting them arguing matters on their own before the Courts. I worked under him for a year and during this time I appeared in a number of matters before High Court, CAT and Armed Forces Tribunal. He had allotted all his matters before Armed Forces Tribunal to me. Since I was representing the government, I lost more matters than I won (Government messes up most of the times but loves to exhaust the legal remedy to the fullest extent possible); but having said that I never went down without a good fight even though it was a dead case. I learnt valuable lessons such as how to think on your feet while you are standing before a judge with the other side lawyer breathing down your neck and tricky court crafts. These are skills which no book or fancy LLM degree will teach. As for the times when I won cases, the very act of preparing for and arguing a case independently and then seeing your name on a judgment is a high like few others.

     

    Tell us about the transition from being a litigating lawyer to an in-house counsel.

    I moved from practice took up employment as an in-house counsel because I felt it poses unique challenge. Many practicing advocates may disagree with such a choice but I think one must have the experience of everything. The initial transition from a being practicing lawyer to an in-house counsel is often a prickly one and I had to look to my boss often to imbibe the ways of the corporate world. During my initial days as an in-house Counsel, I had to spend considerable time understanding the business of my Company. Further, with time I also realized that as an advocate I was offering my services to client whereas I as an in-house counsel I am working as an employee. There is a difference in those two relations. Bottom line remains the same i.e. I am working in the capacity of a legal expert but the approach changes. For example, as an advocate I can sometimes take the liberty to reprimand my client if the client is not providing me with the requisite facts or documents or instructions but I cannot do the same in a company. As an inhouse counsel I need to be suave while seeking such inputs from my colleagues. Further, as an advocate I was an officer of the court hence my main duty was to assist the court and the client came second but as an inhouse counsel I am an officer of the Company. Period. Hence, the nature of duty changes. It took some time for me to realize these things. Fortunately, I have a very good boss who till date guides me brilliantly.

     

    Give us a brief capsule of what a regular working day looks like for you now.

    Each day at office is enjoyably hectic. My company has a diverse business portfolio and also undergoing tremendous expansion. Moreover, my company seldom approaches a firm or a lawyer for outsourcing legal work. Almost everything is done in-house. Initially I was the only one, apart from my boss so it was becoming increasingly difficult to manage everything on my own but now, I am being assisted brilliantly by a junior.

    Apart from executing the general responsibilities of an in-house counsel like drafting and vetting contracts and handling litigation matters; I have undertaken various other functions such as liaisoning with various Government Departments and most importantly looking out for the risks which the Company may unknowingly end up taking while conducting its day to day business. In other words, I try to help the Company save a little money by identifying various Government Schemes offering tax subsidies and other benefits while also trying to create a sense of security in the mind of the Management and the Marketing and Sales team to fearlessly conduct business knowing that there is a person who will caution them beforehand in the event they wander out of the four corners of law. This requires being proactive every day and not wait for a legal issue to arise and rather take care of it before it becomes an issue. In all this I have found that my previous experience in litigation has helped me immensely for executing my duties as an inhouse Counsel.

    Apart from the aforesaid, another very important responsibility I execute is negotiating contracts. It is an art and I am still learning it. One must be careful while doing this so as to protect the interests of one’s company as well as ensure that the business deal do not go south because one is unrelenting on some of the clauses of the contract. Sometimes it involves taking calculated risks. How one negotiates a contract depends upon facts and circumstances of each transaction which ultimately boils down to the extent of bargaining power and leverage one enjoys in each such business transaction.

     

    What are the differences between litigation practice in Delhi and Kolkata?

    I do not think courts in Delhi and Calcutta can be compared with respect to their receptiveness towards a fresh lawyer. Our profession always welcomes and encourages new and fresh advocates. In fact, our senior colleagues are always happy to see a junior doing well in court. This is true across all the Bars in our country. It was a personal choice on my part to move to Delhi and start practising here. However, I must add the reason which prompted me to move to Delhi. Every year Delhi attracts a lot of young lawyers from across the country. The volume of work over here is astounding. This is mainly because of the number courts which are here in Delhi. Delhi is divided into six Judicial Districts and each district has a District Court. Apart from the District Courts, there are a large number of Tribunals along with their Appellate Forums and of course there is the High Court and the Apex Court. Further, a lawyer based in Delhi can also travel a little bit (airfare is low plus highways are fast and beautiful) and take up a few outstation cases before Jaipur Bench of Rajasthan High Court and High Court of Punjab and Haryana. Moreover, half my batch from Symbiosis which includes my best friends are practicing in Delhi. Hence, I was attracted to come and settle in Delhi.        

     

    If you could turn the clock back, is there something you would do differently?

    Absolutely not. It is because of these significant turns I am what I am today. I do not think I could have done better.

     

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

    a) Forget what you did in college. It is a fresh journey after college! (This piece of advice is aimed at students like me who chilled too much in college)

    b) Read a lot but do not just read; understand the law as well.

    c) Keep it simple. One must know where to look for an answer.

    d) Have strong command over English language. There must be clarity in your thought process and the same must be reflected in your drafts and correspondence.

    e) Be precise and crisp while talking; be it in form of an argument before a court or with your client or with anyone else.

    f) Talk less but talk sense.

    g) Be confident and professional in your approach!

    h) Do not be shy or hesitant in seeking help when in need.

    i) Be ready to fail, learn from failures and keep moving forward.

    j) Lastly, but most importantly, there is no substitute to hard and honest work!

     

  • Dr. Milind Antani, Leader-PharmaHealthcare and Social Sector, Nishith Desai Associates, on switching from medicine to law, managing healthcare practice, and his diverse experience

    Dr. Milind Antani, Leader-PharmaHealthcare and Social Sector, Nishith Desai Associates, on switching from medicine to law, managing healthcare practice, and his diverse experience

    Dr. Milind Antani graduated in law from SP University, Vallabh Vidyanagar, in 2004. Dr. Antani has been a practising ENT surgeon prior to that. He currently leads Pharma & Healthcare Practice and Social Sector Practice at Nishith Desai Associates. He represents clients in matters including mergers and acquisitions, investments, regulatory and transactional matters, intellectual property prosecution and litigation, joint ventures and new companies.

    In this interview, we speak to him about:

    • Making the shift from medicine to law
    • Working with Nishith Desai
    • Developing the pharmaceutical and healthcare practice

     

    What motivated the shift from medicine to law?

    After my MBBS, I did my Masters (MS) in ENT Surgery. Post that, I practiced for fourteen years as an ENT surgeon in Gujarat. I would rephrase that question and ask who motivated the shift, and not what. Nishith Desai motivated me to consider taking up the legal profession in order to start, develop and groom the pharmaceutical and healthcare practice. He encouraged me to make the difference with the domain knowledge that is so crucial for any profession. And post that what kept motivating me was the challenge to develop this practice. The challenge for the transition was to change mind-set from being a doctor to being a lawyer, being from a small place like Anand in Gujarat to a big place like Mumbai, and understanding the whole domain from the legal perspective.

     

     

    Tell us a bit about your time studying law as an undergraduate student.

    Studying law was not easy as I did that along with my active practice. Working out schedules of surgery and classes was a challenge but with good support of college and teachers I could manage the same. I was very focused while pursuing law that would be relevant to the pharma and healthcare practice.

     

    How has your education in medicine and medical practice of over fourteen years helped you in your career as a lawyer today?

    Significantly. Having knowledge of the domain in which you are working always helps. It has helped me understand client issues easily and then explain it to my colleagues in a better way. Understanding medicine as well as law has helped me work out relevant solutions to problems. Client gets comfortable when lawyer understands his language and speaks the same language too.

     

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

    Unfortunately, due to the professional schedules, I could not do internships during studies. But I must say that internships provide an excellent opportunity to students to gain practical knowledge and application of mind.

     

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

    According to me, decision paralysis is never by default but by choice. I firmly believe in the Seven Habits of Highly Effective People by Stephen Covey. Habit 2, “Begin with the End in Mind” and Habit 3, “Put First Things First” give you the correct perspective on deciding and then managing career. Every law student must keep these in mind and work on their career. I suggest only one parameter and that is “Believe in Yourself” and things will follow. Money should never be the parameter as I strongly believe money is the by-product of good efforts.

     

    Could you tell us about the Sixth Sense Academy for Human Excellence?

    Soft skill training has always been a passion for me and I am a certified trainer of Indian Junior Chamber (Jaycees). I started this academy to train students of schools and colleges in Anand. I still do such programs whenever the opportunity arises.

     

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

    Sometimes you don’t have a choice to choose the project to work on but we need to work on for clients. But yes, projects in which we can make the difference to clients definitely give that kick to work and deliver the best. And to build as specific body is very crucial as we need to tap in the best resource for the work.

     

    How did you come to work with Nishith Desai Associates?

    As mentioned in my first response it was Nishith Desai who motivated and encouraged me to change career and I haven’t regretted it. It is the ease, the simplicity, the culture, amazing colleagues, the autonomy to work makes it most enjoyable for me.

     

    What does a typical working day at Pharma & Healthcare Practice look like for you?

    Our firm has consciously moved to “Networked Leadership” from “Partnership” model. Hence no one is partner in the firm and this has led to cultivation of leadership mind-set in every firm member. The firm strongly believes in work-life balance and hence working hours don’t get stressful unless a transaction or a matter demands so. The culture and the processes do not make learning challenging at all at NDA. Personally I have not come across any major challenges to work at NDA as NDA provides ample opportunities to learn at every level from most junior to the most senior.

     

    What advice would you give to lawyers who aspire to develop a proficiency in multiple fields of law?

    “LOOK up, GO for it. You will GET it.” The challenge is where to look up. So it is important to work hard towards what you want to achieve. Decide what you want, work on the same. I believe it is important for a lawyer to become a visible expert. Hence the lawyer must continue to focus on one specific area and develop expertise of the same that will make him visible in the market.

     

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

    It is very important to have someone to whom you can look up to not only during your formative years but during entire career. And for me Nishith Desai was that person to whom I always look up to. Another person to whom I look up to now for last four years is my son, Kavan, who is twenty years and is an entrepreneur. He has been my greatest guiding force for everything.

     

    Could you share with us some of your experiences from working on high profile cases while at Nishith Desai Associates?

    Can’t put a finger to anything in particular but it has always been challenging with fun and more unlearning than learning at NDA. And this is vital for development as a professional

     

    Could you take us through the process you adopt while writing a paper or book?

    (Dr. Antani has co-authored a book on Contract Research and Manufacturing Services in relation to the regulation of the pharmaceutical and biotechnology.)

    Research, team work and application of mind with practical approach. Whatever you write, should be easily readable, understandable, applicable and useful to the reader.

     

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

    Rather than books/judgement I would say input from all the colleagues specifically Nishith Desai, Gowree Gokhale, Vaibhav Parikh and Anay Shukla have played a big role in developing my legal philosophy. So my advice to everyone is to develop a capability to listen well and understand feedback and changing accordingly. And of course one needs to go through specific books on law.

     

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

    Believe in yourself, set goals (short to mid to long term), decide priorities, unlearn a lot, listen carefully, change when required and act on what you believe is right

     

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

    I always believe that everyone has time what is required is managing time. I enjoy reading books, watching movies and Gujarati plays, watching sports and soft skill training.

     

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

    The biggest challenge was to disengage myself from the ‘small town’ tag, understand hard core legal nuances, and convince myself and others that a doctor can be a good lawyer too. For next seven to eight years I will keep doing what I have been doing here at NDA, take the practice to next level and give it in the hands of my successor when I retire.

     

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

    Read Read Read; Listen Listen Listen; Talk Talk Talk; Discuss Discuss Discuss .Always remain in a playfield attending key events.

     

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

    Set specific goals, stay focused, develop domain expertise and become Visible Expert. And most important believe in yourself.

     

  • Merlyn Abraham, Attorney, SAMVĀD: Partners, on transactional law, litigation, and her diverse experience

    Merlyn Abraham, Attorney, SAMVĀD: Partners, on transactional law, litigation, and her diverse experience

    Merlyn Abraham graduated in law from Kerala Law Academy Law College, batch of 2008. Since then she has worked as Associate with K.R. Chawal & Co., Legal Executive at Citi Bank, Associate at Artis Legal, and Senior Associate at Associated Law Advisers. She is currently Attorney at SAMVĀD: Partners.

    In this interview we speak to her about:

    • Studying at Kerala Law Academy
    • Her past experiences
    • Her role at SAMVĀD: Partners

    How would you like to introduce yourself to our readers?

    A lawyer with expertise in general corporate law practice along with solid understanding and background in disputes. Some can say that I am suit who has adorned the robe in the past as well.

     

    What motivated you to pursue law?

    My alma mater, St. Francis De Sales School, New Delhi, encouraged students to find their interests and choose a career suiting their own aptitude. Career counselling from ninth grade twelfth was a significant part of the same. Career counselling at school, hero worship for a Supreme Court judge (who was member of our church), my inclination to analysis and logic coupled with my father’s support and encouragement led me to chose this career.

     

    Share with us your experience as a student of law at Kerala Law Academy. 

    Five years in law school was my introduction to “the real world”, be it in professional or personal level. While the focus in Kerala Law Academy was on academics (internal exams, presentations and attendance being supremely important), politics (being and participating as members of student led political parties and association), dissent and discussion on various education related and social issues was rampant and never curbed by the college administration. Furthermore, being part of the moot court society gave me numerous opportunities to interact (in person) with stalwarts in the profession, develop research skills, learn early on how to frame and present arguments in legal matters. Admidst all this we participated and won several intra and inter university cultural competitions.

     

    Having won moot court competitions, how important would you say it is for students to moot? 

    By participating in moot court competitions students learn how to frame and articulate legal arguments early on, develop research skills, learn to apply academic knowledge and develop a thought process which help in analysing real time legal issues and matters, much prior to joining the profession. Personally participating in national level moot court competitions helped me meet and be friends with laws students from other law schools. The  friends I made during such moot competitions are fellow members of the Bar today and we interact, support and guide each other as professionals  So, moot courts have done me abundant good, but my batch mates who didn’t participate in them are doing well (professionally) for themselves as well.

     

    How did you go about choosing your internships?

    Internships were a medium to figure out which area of law interests me and whether corporate practice or litigation was the way ahead for me, therefore I started interning with litigation law firms followed by tax experts, intellectual property (focused) firm and corporate law firm. The internships I undertook absolutely served their purpose and by the time I got my degree in law I had sketched by career path for next couple of years.

    What motivated you to choose litigation after graduation?

    Having interacted with lawyers in niche practice (IP, tax), corporate lawyers and litigation lawyers during my internships, the advise I constantly received was to do litigation for a couple of years to understand procedure and consequence of ‘commercial terms’ in court (when they go in dispute). I chose to pay heed to their advise and jumped into litigation.

    How did you secure your first job at K.R. Chawal & Co.? 

    I got a call for an interview at K.R. Chawla & Co, through a job portal followed by an interview with the Partner. K.R Chawla & Co. at the time was an ideal place to work for a fresher; interaction with the different partners helped me gain so much more knowledge than the civil and writ jurisdiction work I was involved in at the time. The firm was traditional lawyer’s office where everyone was treated almost like family and Mr. K.R. Chawla even more so.

     

    What is the nature of work you took up at Citi Bank? 

    I joined Citi group as a legal executive where my work profile included 80% of litigation management and 20% drafting and review of agreements. My time at Citi helped me gain perspective on how legal solutions have to make business sense and how our role as legal counsels needs to be communicated to the management and other departments of the Company.

     

    Could you share with us some of the interesting cases and learning experiences from your time working at Artis Legal and Associated Law Advisers? 

    At Artis legal I was initially trained and soon was given  to  handle on my own, corporate real estate deals, corporate advisory and disputes, with minimal supervision. I thoroughly enjoyed learning the craft of negotiation and getting to do it all, on my own was thorough pleasure. The direct interaction with the stake holders (of giant corporate clients) definitely instilled responsibility, immense pride in my work and confidence. Working with seasoned lawyers who care to mentor you well, does go a long way in chiseling  your skills.

    What does a typical work day look like for you as an Attorney at Samvad?

    Having gained experience as a litigation counsel, in-house counsel and a corporate counsel, I was looking to learn something new and increase my skill set. I was interested in doing private equity related work and I got to know of an opening at Samvad Partners  and applied to the firm’s HR. The hiring process started with an interview with firm’s partners and followed by a small work assignment . At Samvad, our day is charted very different when we are in the middle of a due diligence (which is always time pressed), acquisition or investment deal and when we are handling smaller agreements or corporate advisory. In the former situation, the day begins before the sun rises with doing your share of the work, getting to office by 9.30 am then the day just replete with calls, discussions (internal and external), drafting, review, finalising documents, the works. We (associates and partners alike) tend to pull late nights then.

    In the latter scenario, the day is more relaxed, we are encouraged to finish our piece of the work as early and head back and the day in the office  is laced with fruitful discussions (with partners as well) around law and otherwise.

     

    What are your interests outside law? 

    Apart from law I enjoy travelling (every chance I get), photography, reading and spending time with my friends and family. The intent is to strike a balance between work and life (otherwise) but then it seldom materialises, I steal whatever time I can for my interests outside work.

    What are the challenges you have faced in building up your career as it stands today? Where would you like your career to take you five years down the line?

    The challenges I faced to build my career are pretty much same as any first generation lawyer would but the fact that am brought up in Delhi and stayed with my family did ease out things. Managing to get a placement in a good firm without any “contacts” that too when you passed out into a recession hot market, was a trek, but then every step I learnt a lot including to value the good (people / circumstances) and weed out the negatives and every achievement is your ‘own’.  My career as it is today and the rather unusual path I have taken till date, I am unable to foretell the path ahead, but yes in five years I do see myself practicing out of my own office.

     

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

    Newsletter, articles and journal are what I utilise to navigate through the latest events and changes in law which I follow up by going back to the actual source (master directions, notifications, statutes, circulars), along with discussion with friends( who practice in different branches of law).

     

    What would be your parting message to our readers?

    Rise up the career ladder but don’t forget to have a life. Every law students must watch the movie “And justice for all” once before you set foot in the profession.

     

  • Sahil Ahuja, Legal Manager, Flipkart, on IP Law, the need for innovation, and his experience

    Sahil Ahuja, Legal Manager, Flipkart, on IP Law, the need for innovation, and his experience

    Sahil Ahuja graduated in law from Pune University, batch of 2010. He currently works as an in-house Legal Counsel with Flipkart and his core practice areas include IP, litigation and software contracts. Prior to taking up his current role with Flipkart in 2015, he has worked with R.K. Dewan & Co. for over four years and Krislaw for about an year.

    In this interview we speak to him about:

    • Being engaged with IP Law
    • Choosing between litigation and corporate law
    • His past experiences

    Have you always been keen on pursuing law?

    With some of my family being reputed members of the legal fraternity, I always found law intriguing. However, joining the armed forces and taking up music professionally were other career choices I had pondered over. I am fortunate to have liberal and supportive parents, who, right since my formative years, encouraged me to find my passion and pursue it professionally. After giving it a lot of thought and receiving valuable counsel (and watching a lot of Boston Legal!), I decided that law was the profession for me.

     

    Tell us a bit about your time as an undergraduate student.

    Law College was a long five year journey and at times the abundance of subjects made it seem longer. Like most law students, there were some subjects that I really found gripping and others that made me want to hit the sack and doze off! I enjoyed spending time researching on subjects that caught my fancy and the rest on either sports or music. Examination preparation was always limited to the eleventh hour.

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

    Well, you know what they say about all work and no play. Situational awareness, problem solving abilities and an open minded approach are pre-requisites to being a good and effective lawyer today. These are best achieved through being involved in a competitive sport and pursuing other co-curricular activities. I can’t emphasis enough on the importance of overall personality development for someone interested in practicing law.

    I played the lead guitar for my college band and was a winger in the football team.

    In fact I’d like to share an interesting experience that taught me one of life’s crucial lessons. Initially, whenever I tried to master a really fast paced guitar solo, I’d find myself trying too hard, which would result into my fingers tensing up and I’d end up falling short on speed. I remedied this by consciously calming my mind down and letting go of muscle tension and after that speed and accuracy were never an issue. Sometimes you end up not getting the desired results because you’re trying too hard and are hell bent on getting things perfect. In, such a situation, it is important to relax, withdraw yourself from the situation and rethink your approach.

     

    What were your areas of interest during your legal education? 

    IP, contract law and jurisprudence were among my favourite subjects. I found criminal law and criminology gripping as well. Always having been fascinated by the value of intangible assets and the importance of protecting innovation, I found myself inclined to pursue IP as my core area of expertise.

     

    How did you make the decision between Litigation and Corporate practice?

    Choosing between the two is a common dilemma for a lot of law students, but I strongly believe you cannot sever litigation from corporate practice or vice versa. Litigation is the essence of law and every lawyer should experience it, whether under a senior counsel or in a corporate environment. On the other hand, understanding business is as important for effective application of legal education.

    I wanted to hit the ground running and owing to my love for IP, I decided to join an IP law firm straight after graduation.

    What are the causes you feel strongly about? 

    I strongly believe innovation is the key to improving the quality of life and the surest way to encourage innovation is by strategically securing rights therein for effective monetization. It has always been my endeavour to formulate strategies to protect creativity, whether in the form of novel technology or marketable brands. Through my expertise and experience in the field, I have helped safeguard innovation and ward off infringement which has hopefully incentivized innovators I have worked with.

    Law graduates are faced with having to choose from several career options and the choice of studying further. What advice would you give students in avoiding a decision paralysis? What are the parameters that must be considered in deciding what the next step should be after graduation?

    Career options for law graduates nowadays are plentiful and being unsure about what path to take is absolutely normal. While at law school, students are exposed to a plethora of subjects and it is essential to identify one or two practice areas that appeal to you the most. To arrive at this decision, it is advisable to get a taste of the practical aspects of all subjects by participating in moots, debates and attending the Courts.

    I think deciding between studying further or commencing practice is a very personal choice and the key here is to follow your heart and avoid being swayed by convention. It is crucial to spend some time organizing your thoughts about the direction you would like your professional life to take.

    When making an overall decision, ask yourself two questions:-

    1. “What practice area do I want to deep dive into?”
    2. “How can I create the maximum impact in that area?”

    And remember, there is no wrong answer. Once you’ve narrowed it down, your self-belief should set you on your track.

     

    How did you come to take up a position with R.K Dewan Co.? 

    I started my career with Krislaw, a Pune based IP firm right after graduation. Here I got introduced to working on the practical aspects of IP. However, I soon felt the need to deep dive into the subject and deal with its intricacies. Consequently, I joined R.K Dewan & Co., one of the earliest and better known IP boutiques in the country. After just a couple of months at the firm, I knew I was at the right place to grow as a professional and a subject matter expert. At R.K Dewan, I was exposed to a wide array of matters involving identification of IP, formulation of IP strategies, strategic brand protection and effective enforcement mechanisms to name a few. I was extensively involved in litigation and commercial contracts and also got a taste of driving anti-counterfeiting actions for an automobile giant.

     

    What does your role entail as an Associate at R.K Dewan Co.?

    R.K Dewan & Co. offers an extremely rich and conducive environment to grow professionally. The absence of rigid water tight compartments ensures the opportunity to work on a wide array of matters, making it ideal for young professionals. My proactive and result oriented approach was always appreciated here and due to the firm’s high repute, I got the chance to work extensively on matters for several high profile clients. Title clearance searches, attending to office actions, drafting cease and desists, IP due diligence, technology licensing and brand protection were areas I had to attend to on a daily basis. Another skill I acquired here was advising clients on identification, selective registration, monetization and effective enforcement of IP. I also got my first taste of appearing in Court and arguing before a Judge.

    I focussed quite a lot on developing drafting and negotiation skills, in so far as commercial contracts are concerned. I tried to keep myself abreast with landmark precedents and latest judgements. Another activity I enjoyed was writing articles for the firm’s monthly newsletter.

    What has the experience been like representing R.K Dewan Co. at international conferences?

    I was fortunate and am grateful to the firm for sending me for various conferences and seminars. The most memorable and noteworthy was the INTA Annual meet which took place in Hong Kong. It was exhilarating interacting with IP professionals from all over the world and learning about what course the law had taken in their respective nations. Apart from sharpening my networking skills, the conference offered the chance to be a part of committees that addressed global aspects of IP like cybersquatting, trans-border reputation and counterfeiting to name a few.

     

    Can you please share with the readers your work profile so far at Flipkart?

    Having gained a lot of exposure in a little over four years at R.K. Dewan, I wanted to experience things from the other side of the spectrum and in 2015, I decided to take up the role of an in-house counsel with Flipkart. After a promotion in less than an year of joining, I am currently at the position of Legal Manager in the IP and litigation team here. Apart from managing the entire IP portfolio of Flipkart worldwide, I have broadened my horizon to include handling recovery, competition and warranty related contentious matters. Flipkart, being one of the most valued brands requires constant proactive measures to curb rampant infringement. My strong focus on the most effective, timely and cost efficient mechanisms for brand protection has led to me adopting unorthodox strategies to resolve issues on several occasions. I work on negotiating and vetting several technology and cloud services procurement contracts at Flipkart. A lot of my time goes in working on cybersquatting and domain disputes. Intermediary liability is another aspect I work on extensively. Working at Flipkart has been an insightful journey so far which has taught me the essence of balancing business and law.

     

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

    I was fortunate to receive the guidance of Dr. Mohan Dewan from an early stage in my career. Apart from his unmatched knowledge in IP and law in general, he knows a lot about almost everything under the sun! I found this very inspiring and always looked up to him. His ability to expeditiously understand a client’s exact requirement, better than the client himself was something I always admired and strived to inculcate. He has and continues giving me valuable counsel about various aspects of life, far beyond merely my profession.

    Aneesh Garg, who heads the litigation team in Flipkart is another person I look up to as my mentor. Having been a Judge for a decade, Aneesh’s assessment of proposed litigation strategies is second to none. He has motivated the team to achieve newfound success.

     

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

    Being a professional, the only way you can pursue personal interests is by consciously making time for them. My undying love for music has ensured I don’t give up playing the guitar and I try to keep challenging myself. Football is now restricted to the weekends and I try to squeeze in a few frames of snooker every now and then. I make it a point to devote time for fitness on a regular basis.

     

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

    I keep myself updated by regularly reading a couple of quality blogs and through knowledge sharing sessions at work.

     

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

    Have faith in your ability, stick to your beliefs and constantly work on yourself, not just your knowledge base.

     

  • Marilyn Coelho, Compliance Manager, Legasis, on studying in Goa, and her experience in corporate compliance

    Marilyn Coelho, Compliance Manager, Legasis, on studying in Goa, and her experience in corporate compliance

    Marilyn Coelho graduated in law from GR Kare College of Law, Goa, in 2010. She then went on to pursue her Masters from Symbiosis International University, Pune, in international and business law. She is currently compliance manager at Legasis Services Pvt. Ltd., where her role entails research on laws applicable to various industries like automobile, IT, pharmaceutical, telecommunications etc.; establish relationships with foreign law firms to grow the compliance network, trainings on bribery laws like the FCPA, UKBA and PCA, prepare compliance manuals based on the compliance need of the organisation, Implement a compliance solution for any given organisation, identify new business opportunities, and client relationship management.

    In this interview we speak to her about:

    • Studying in Goa
    • Her diverse experience in corporate compliance
    • Striking work-life balance

     

    How would you like to introduce yourself to our readers?

    “Be the change you wish to see in the world” – Mahatma Gandhi once said. This quote is what inspired me to take up law. I strongly live by this statement, which mind you is not easy to practice at times. Education/Reading + Proper Application + Positive thinking together make a good blend of thoughts and character required to achieve this initiative. I choose to use this blend to help me achieve the goals that I set out, however small they might be, and it works for me.

     

    What inspired you to take up law? 

    When I first decided that I want to study law, everyone was bit taken back because I loved History and it was only natural for me to do a Major in History. At first, the jokes about lawyers and the questionable morality of the profession made me second guess my decision, but I had a really great support system and that helped me and encouraged my decision.

    Being a silent participant in the injustice that takes place all around us, is not something I could live with. Law helped me realize that I am able to conceptualize my ideologies.

     

    Tell us a bit about your time studying law as an undergraduate student at GR Kare College of Law, Goa.

    The education system in Goa especially for law was encouraging as we had a lot of very experienced and knowledgeable professors who always motivated us to do better and be better. It also was a lot of fun as the professors has a humorous side to them and had a great way of connecting law with practical examples and personal experiences which made the learning experience enjoyable. We used to have a lot of surprise tests and assignments that we needed to submit and the evaluation criteria was quite tough. This meant that we could not copy from the internet much (Jokes), but this is what helped us in applying our minds and to produce work that was both original and creative. Law assignments are all about case studies and legal provisions, the more case studies you add the better it is, but what we learnt was that it is not just about the number of case studies or legal provisions that you cite, but more focus was given to the quality of the content of assignment.

    “Try not to become a man of success, but rather try to become a man of value.” – Albert Einstein, this message and quality was imbibed in us, for which I am grateful as it thought us that we as lawyers have to work hard to uphold the integrity of the Constitution and stand by what we think and believe to be right.

     

    Have you always been keen on a career in Corporate Compliance? 

    Corporate compliance is something I stumbled upon on my way to finding out my practise area and I am glad I did as I am able to again conceptualize on my ideologies of justice.

    Corruption and greed as you may agree is the root cause of all the injustice that is prevalent in the world. Our economy is booming but our ecosystem is struggling. The question is how and why? My response would be lack of accountability, lack of transparency, lack of governance and lack of compliance.

    Compliance not only promotes good governance, but also helps our ecosystem flourish by setting up systems and processes that help prevent corruption and proper utilization of funds.

    Law is a very profession with an ocean of practise areas, deciding which practise area you should pick really depends on what your interests are. Say you are passionate about sport; you have the option of looking for internships with lawyers practising sports law or writing about sports law.

    When you are not sure about which practise area you pick or which career path you have to follow, just sit down and think. The starting point would be to pick out your areas of interest, prioritize your interest, and find out how best you can achieve commercializing your interest.

     

     

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

    In one word, lost. Moving out of law school I felt I had mugged up enough books and gathered sufficient knowledge to help me on my career path as a lawyer, BUT, it wasn’t so. Even though we had a very practical and experienced based education, it just never prepares you for the cut throat competition, the various ways of applying the law and changing enforcement regimes.

    Can you tell our readers a little about the work that you do?

    The company (Legasis Services Pvt. Ltd.) which I work with has given me plenty of opportunity to diversify and grow. As I said, earlier corporate compliance is something I stumbled upon, Legasis helped me realize the importance of compliance to our society and how organisations can benefit from having robust compliance systems in place to meet their business need.

    I had the opportunity of going on a secondment to Jaguar Land Rover for a year and a half to assist them in setting up their Global Compliance Programme. This was a great experience as it took me to the other side of the fence and helped me get a more holistic view of compliance and form an organisations perspective.

    Today as a compliance manager I view compliance to be a business enabler and a car that is very much in need of a driver. My role is not restricted to any legal area or any specific industry, which is great as it keeps challenging me and increases the learning curve.

     

    Could you tell us a bit about the training programmes that you conduct for conglomerates in India on topics of fraud, corruption and bribery?

    Honestly speaking, this topic is something that I am very passionate about. I look at these training or sensitization sessions as a good deed that I am doing but in a corporate landscape. One would automatically assume that being a conglomerate, all the employees or management would be well aware of their corruption or bribery risks, it is actually quite surprising that this is not the case. There was a gap of knowledge on this topic and we are happy to have been able to identify this gap and lucky to have been given the opportunity to fill this gap.

     

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

    It is so important to make time to pursue your personal interests. Finding a balance between work and your social life is a great start to a successful and happy career. I love to read and travel, and fortunately I am able to do both.

     

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

    Be brave and follow your dreams.

  • Mehboob Rahman, Advocate, Calcutta High Court, on litigation, and his diverse experience

    Mehboob Rahman, Advocate, Calcutta High Court, on litigation, and his diverse experience

    Mehboob Rahman graduated in law from Symbiosis Law School, Pune, batch of 2008. He is an independent legal practitioner at the Calcutta High Court. With over seven years of litigation experience, he has handled matters pertaining to the Companies Act and Sections 9, 11 and 34 of the Arbitration and Conciliation Act, 1996 to Civil Revisions, Appeal Hearings(Civil), Criminal Revisions, Criminal Appeals – all falling under the Original and the Appellate Side jurisdiction of the Hon’ble Calcutta High Court.

    In this interview we speak to him about:

    • His litigation experience
    • Practising at the Calcutta High Court
    • His internship experience

     

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

    I have been a practicing lawyer for the past seven years at High Court, Calcutta. I have dealt with varied matters such as writs under various groups, criminal and original side suits. It is pertinent here to mention that my father is a senior advocate here at High Court, Calcutta and my mother was a police officer at Kolkata Police. Therefore terms like “law” and “court” were something which I was used to since childhood.  

     

    What inspired you to take up law? 

    You see, as a child sometimes I used to accompany my father at work and used to play around in his office. I was used to seeing law books, briefs, client conference, and everything else that I see today. All our good family friends were either lawyers or police officers. When I took up law, it was “quite expected” and a predictable move. The best part about Symbiosis Law School at that time was, It had offered the course B.B.A.,LL.B for the first time and mine was the inaugural batch. I had a commerce background in school so it was again a very predictable choice. I always knew that it is either going to be business or law after school. That’s how i ended up in Symbiosis.

     

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

    Studying Law at Symbiosis Law School was in my opinion the best five years in my life. By this I don’t mean only academics. I don’t think I need to rate Symbiosis on its academic parameters. We already know about it. Its more than that. It was the life there I am talking about. We made some lifelong friends there, friends who are still in touch and going strong. Moreover I did not feel that there is a rat race going on out there. Everyone of us was unique in our own way and being in Symbiosis only brought out the best in everyone. I believe I was a very mediocre student yet I never had any regrets about it because at the end of it I felt loved and co operated by my professors, friends and some exceptional seniors. Symbiosis used to be and still is more than just an institution or a degree, its about the time, about my friends from all over the country and also the city, Pune. My friends used to think that I must be having lot of support back home academically since I have a lawyer in the family. On the contrary when I used to tell my father that I am really panicked about Constitution paper the day after, I used to get replies such as “there is absolutely nothing there, absolutely nothing, simply study Article 226 that is very important and useful,”. I had to switch over to other topics such as finance and sustenance immediately because I knew the discussion is going no where.  During my time we had the opportunity to experience excellent faculties and during our principal’s lectures there used to be 100% attendance not due to fear or respect, it was because she was the best at it.

     

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

    Co-curricular activities are very important in law students life or for that matter any student’s life because it takes you out of the mundane clockwork routine and classes to something different. I took part in few moot courts though I was not into serious mooting. We had these regular symposiums and guest lectures where we interacted with eminent personalities and it dealt with many topics which was prevalent then. I was an active participant in the committees and the sub committees during an event of our college with the support of my seniors wherein you need to manage events or simply make things work! I was good at interaction and negotiating with people who could be anyone from a vendor to a guest whoever is necessary to make an event successful. Even in litigation the most important resource next to knowledge is people and therefore interaction and counselling plays an important part. Therefore its completely clear how the extracurricular activities plays an important part in ones life in what way.

    What were you areas of interest during your legal education?

    As a student I found the subjects on criminal law quite intriguing. I found it to be very closely related with different human behaviour. As a lawyer I never chose anything specific to specialise in. I have simply gone with the flow. I stick to what my father used to say that its never a lawyer who decides what he/she specialises in, its always the clients.

     

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

    The practical aspect of legal profession is indeed very different when we compare it with what we do during our college days. In real world, there is no syllabus and its not about making your teacher happy by sticking to doing exactly what is expected out of you. It is about making people happy, giving them relief of their misery. You might fail in that attempt but the effort should always be genuine. My internships were all based around litigation working under eminent lawyers. I spent a lot of time at the court listening to arguments and trying to follow court procedures. I realised then that what we learn post graduation in our professional scenario is far different than academics. Internships give you an insight in how to take things and from where, develop research skills, understand the profession better.

     

    At a time when most students are inclined to taking up corporate jobs, what influenced your decision to take up litigation?

    I believe its completely a personal choice. Both corporate and litigation are perfect in its own sphere and there is enough to learn in both of them. However I will tell you exactly what went in my mind while choosing litigation. Firstly like I mentioned earlier, I like work which are people oriented. In litigation you are constantly interacting with real people. Not just your clients and colleagues but you need to know lot of people within the various departments of the court in order to have a smooth flow of work. I realise now how heavily we depend on someone or the other somehow in litigation at every step. Secondly, I wanted to work for myself. Thirdly, I wanted to be the master of my time. Whenever I get an opportunity I travel, or at least travel to meet a friend probably. Life always happens outside work. One must never forget that.

     

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

    I wouldn’t term it as a decision paralysis exactly. It’s a matter of objectivity. For example doing an LLM would really be helpful if you are into academics professionally. However it does not really give you an edge as a practicing lawyer. I should not be misinterpreted here, it is completely my personal opinion. Opinions do differ. I always support higher education and it is always enriching, opens up your mind and scope. Therefore it completely depends on what one wants exactly. I have completed a PGDHRM when I got time, taking a short break from work.

     

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

    It’s a metamorphosis actually. Being a law student and a lawyer is completely different. As a student our object was to pass in exams with good grades. At work you need to live up to your client’s expectations while adhering to all procedures. Time is not always in our favour as courts in India are clogged with pending matters and less number of judges to dispose the same, which we all know. As a law student a section, or a chapter of a law book was a tiny part of the curriculum. In court days might be consumed arguing on one application made on a single section. Drafting is again an integral part of litigation which is given very little importance at  a law school. One takes time to get a good hold on that too. As a student your mistakes will lead to a bad grade, as a lawyer your mistake will lead to a cost or consequence for your client. Therefore one can understand the diligence that is required.

     

    What is the nature of matters that you take up?

    I take up matters both civil and criminal in nature. At the High Court, I am mostly occupied with writs under various group heads such as land, municipality, service etc. I have taken up matters on dismissal/removal of employees of the Paramilitary Forces of India and other services under the state and central government including employees of public sector undertakings. Suits and criminal matters have been an important part of my practice as well, filing and dealing of which mostly takes place at the High Court and various District Courts in West Bengal. I also have a strong affinity for matrimonial matters and counselling. Non litigation work consist of Searching Land Title, Valuation, Conveyance and Registration before Registrar of Assurance and Additional District Sub-registrar. Drafting of various instruments/documents pertaining to Sale, Lease, Mortgages, Power of Attorney and Will.

     

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

    Personal interests are the ones which define you as a person, as a human being. You might be remembered how good you were professionally but you will surely be remembered how you were as a human. Life is always outside work. I am more of an outdoor person. Travelling is one of my primary interest. It makes you a better human being every time. One must explore places away from home in order to appreciate what we already have in hand. Trekking up a hostile terrain teaches you how comfortable we are back home and we shall never take things for granted. I am passionate about motorcycles and I often go on rides. Riding is extremely rejuvenating. I wouldn’t lie, I actually look for excuses to ride even if it is for a short while.

     

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

    Law is indeed an ever changing field. One must keep himself/herself updated with the new developments in their field through precedence, books, journal, circular, news and of course Google! It is not difficult now as it was before. We have online resources such as manupatra, scc online and airweb to name a few. Socialising with colleagues is surprisingly the fastest way to learn about new developments.

     

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

    To students, enjoy your college life as it is going to happen only once unless you are talented and may extend it. Make friends and make memories there as those are going to last a lifetime. I am not discouraging ambitious students but its okay to take it a little easy with studies as it is more than academics which is going to take you places in professional life. For young lawyers, patience and perseverance are the keys. Look for opportunity to learn at every step. Losing is also learning. Makes you stronger. Lastly love what you do, do what you love.

     

  • Chaitra Beerannavar, Research Fellow, Cambridge University, on getting a Ph.D, choosing academia, and her passion for teaching

    Chaitra Beerannavar, Research Fellow, Cambridge University, on getting a Ph.D, choosing academia, and her passion for teaching

    Chaitra Beerannavar graduated in law from  University Law College, Dharwad, in 2010. She went on to pursue her Masters from Symbiosis Law School, Pune, batch of 2012. She subsequently pursued her Ph.D from the same university. She is currently Dr. D. C. Pavate Fellow, Department of Politics and International Studies, University of Cambridge, U.K. Her area of research is “India and Its Experience with Bilateral Investment Treaties (BITs): Lessons From BRICS”.

    In this interview we speak to her about:

    • Her interest in academia
    • Being a prolific writer
    • Studying in Cambridge

    What motivated you to take up law?

    I knew many lawyers growing up. My father said I should take the judicial exam to make sure that I followed his suit. I didn’t want to do that but I really had no idea of what I did want to do, beyond choosing law because I was sure that  law as a career opens up the possibility of embarking upon one of the most dynamic and challenging careers available.

     

    How would you describe your time at ULC Dharwad?

    ULC Dharwad in many ways is self-contained. It focused on life outside the classroom along the themes of off-campus activities, leisure and the arts, and athletics. I had found respite from my studies in activities both solitary and social, on campus and off. During my time, it always focused on engaging with constituencies outside the law school. Alumni/ae and the local and state bar and judiciary were its obvious constituencies. We had an active clinic, which provided greater school outreach to the communities. This kind of non-lawyer support typically took the form of vouching for the law school’s value to the community.

     

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

    Opting for Masters will always broaden one’s horizon. A Masters of Law is internationally recognised, meaning you could study anywhere, and then move anywhere to make use of it. Obviously, there are sometimes limitations (you need to make sure you’ve studied law in the appropriate area). It’s a great opportunity to specialise – whether in taxation law, corporate law or something else entirely. The more obscure an area you’re interested in, the more beneficial you’ll probably find the LLM. If your interest in law lies outside of practising and more in teaching and In order to research and teach about law, you’ll almost certainly need an LLM.

    But when it comes choosing the right one, Students have to decide what matters to them:  scholarly caliber of the faculty?  Numerical credentials of their fellow students?  Clerkships?  Corporate law jobs?  They can narrow down the list of schools to which they’ve been accepted to those they ought to visit and investigate for themselves to see if they’re a good fit for their masters.

    Could you share with our readers some insight on how one can excel in academics and co-curricular activities alike?

    (Chaitra has been awarded with several gold medals right from her LLB days up to her Master’s including several scholarships.)

    Being successful means acknowledging the challenges, so you can deal with them the best that you can before you experience them. Perhaps the key to a successful academic experience is winning the law school mind game. Law school success can be defined in many ways—graduating, getting a job, good grades, creating lifelong relationships. Grades are just part of the equation. If you do not get straight A’s, there are plenty of other ways to make yourself an attractive job applicant. One way to move past bad grades is to acquire practical skills and practical experience. Your GPA is one line on your resume—you need more than that to stand out. If you can create a niche within an area of law—go for it. Independent research and writing classes are a great way to delve into an area that is not covered in class. If you are on law review or a journal, write about a hot-topic in an emerging area of law.

     

    What was your Ph.D thesis on?

    My Master and Ph.D. theses were based on the research problem of contemporary concern. My Ph.D thesis was on testing the feasibility of Reverse Mergers in Indian capital market. The study is of intricate nature which makes comparative analysis of Reverse Merger with IPO methods.

     

    When did you decide that teaching was your passion?

    My interest in becoming a law professor began while working as a Research Scholar at Symbiosis Law School, Pune. During my Ph.D., my rigourous doctrinal courses covering a number of fields, serving on law oriented student law journals and in depth intellectual and research relationship with my professors attracted me towards law teaching. Most of all, the relationships students form with their professors allow students to observe how to become and thrive as scholars.

     

    What do you enjoy most about teaching?

    As a law teacher, I enjoy thinking and talking about the law and working to make the law better and more equitable. Teaching at one’s alma mater can be difficult. Former professors become your colleagues, and you have to overcome the reluctance to challenge or contradict your mentors. You also have to confront suspicions about academic “incest” from outsiders. For me, the experience has been mostly positive.

     

    What tips would you give students and young lawyers who are inclined to research and academic writing?

    Throughout your career as a lawyer, you’ll be judged professionally on two main things: your interpersonal skills and your writing. Writing a paper engages so much of the lawyer’s art that no other predictor of likely success on the job comes close. A well-written, well-researched, thoughtful paper can clinch that law firm job or clerkship. It is indispensable if you aim to teach. Your pre-law-school writing experience and your first-year writing class will help prepare you for it, but only partly. It’s not easy to create an original scholarly work that contributes to our understanding of the law. So take advanced legal research. Most law schools offer some sort of advanced or specialized legal research course as an elective. But the truth is that there’s never enough time in a legal research class to cover everything. So have continuity in your publications.

     

    What is the academic environment like at the University of Cambridge? 

    I was a Pavate Fellow at Department of Politics and International Studies, University of Cambridge and also a Senior Member of Sydney Sussex College, UK in the year 2016.

    As far as the fellowship was concerned, it delivered in most aspects. I was adequately trained to read legal and economic articles critically and, write extended pieces coherently and persuasively. Supervisions at the department were also, for the large part, of high quality and I received close guidance from dedicated supervisors and my mentor Prof. James Mayall, Emeritus Sir Patrick Sheehy Professor of International Relations, University of Cambridge, UK.

    Cambridge has a rigid structure, which should, perhaps, come as no surprise, given how steeped in tradition Cambridge is. It tends to focus its course material in such a way that the student is more inclined towards academic thinking. If I could summarise my experience at Cambridge in three words, they would be ‘driven, fulfilling, and challenged’. It was during that time when I truly learnt how to discuss current legal issues and challenge opinions in my readings, essays and thesis, just like any other professional jurist.

    And as far as social life is concerned, I would say that Cambridge was a humbling eye-opener for me. I had the fortune of being friends with some internationally known jurists and scientists at Cambridge. I met some of the most brilliant (in all senses of the word, not just that which extends to intellectual prowess) people in my life and built strong friendships and networks with them.

     

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

    The single most important thing you can do when you are at a law school is to find and work with a mentor. Ideally, this will be a Professor who teaches you the practice, both substantively and ethically, and serves as a role model.

    When I chose Symbiosis Law School, Pune, it lead me, finally, to Prof.Dr. Shashikala Gurpur, (Fulbright Scholar, Director and Dean of Symbiosis Law School, Pune) who is a legend in Indian Legal academia. This was one of the most impactful mentor relationships that I would ever have. I enjoyed each of her classes immensely, while also learning a lot. That is the greatest gift a professor can give a student, and Professor Gurpur did it repeatedly, not only for me but for so many others over so many years. Professor Gurpur has not only been and remains  a great mentor. I’ve had other great mentors throughout my career, but she was really the first and has guided my adult professional life. She is a tough act to follow but leaves a great legacy, which includes a standard for excellence and dedication that all Law students and professors can learn from.

    Chaitra with Prof. James Mayall, Emeritus Sir Patrick Sheehy Professor of International Relations, University of Cambridge, UK, one of the senior most professors at POLIS, Cambridge, and her mentor and guide.

     

     

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

    It required modest adjustments in what we teach and why we teach it. one of the best ways to learn a field is to teach it and engage in basic research, and this should apply to everyone getting a doctorate in law.

    Down the line, would want peruse my legal research and writing in a more prominent way.

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

    My early days at law school were highly influenced by many legal philosophers who left their indelible mark on shaping rule of law. As a student of law it is very important to critically examine existing legal philosophies and decisions of courts and legislations from the point of philosophic principles. Most of such readings included William Blackstone’s Commentaries on the Laws of England, John Austin’s theory of sovereign law, Lon Fuller’s The Morality of Law, and Palkiwala’s We the People and We the Nation and few judgements which made the initial law school days more thrilling were that of National Judicial Appointments Commission judgment, basic structure etc.

     

    Do you feel that law schools have been successful in producing socially relevant lawyers and researchers? 

    Law schools in India have an obligation to produce socially relevant lawyers and researchers. A long way to go in this direction. The role of law schools and legal education must change with new realities of globalization. Most of the Law schools in India are limited in preparing law students to become lawyers, judges, or some other type of legal professional. But even this more limited perspective should recognize the contemporary environment and the coming changes

     

    What would be your parting message to our readers?

    My experience at law school was always educational. I wouldn’t want to trade those experiences or forget those lessons — they’ve shaped the writer, teacher, friend, and woman I am today.

    Law school is a process of self-discovery. Develop patience to arrive at what you are passionate about.

     

  • Dr. Claudia Winkler, Negotiation Trainer, on studying in Harvard, being a Fulbright Scholar, and the future of negotiation

    Dr. Claudia Winkler, Negotiation Trainer, on studying in Harvard, being a Fulbright Scholar, and the future of negotiation

    Claudia Winkler is a negotiation and mediation trainer, the Director of the IBA-VIAC CDRC Vienna Mediation and Negotiation Competition and the General Counsel of SMART Recruiting Technologies. Claudia received her Master’s and Doctor’s degree in European and international law from the University of Linz and her LL.M. from Harvard Law School. Her professional experience reaches from law to government, non-for profit, start-up, university and international institutions. She has worked as the ADR development coordinator with the New York International Arbitration Center during her time as a Fulbright scholar and is a licensed Mediator in New York. As a trainer Claudia has worked with law firms, businesses, associations and universities in the United States, Europe, Africa, Asia and Australia. You can find out more about her work at www.claudiawinkler.net.

    In this interview we speak to her about:

    • How long term planning helped her to achieve big goals like a PhD, a Fulbright Scholarship and a degree from Harvard Law School
    • How coffee meetings can be the best tip for your career advancement in ADR and
    • How negotiation skills will determine your legal career in the 21st century.

     

    How would you describe yourself in one line?

    Hopeless optimist, careful strategist, curious explorist? Is that one line? If I could summarize myself in short I would describe myself as a negotiation enthusiast who stubbornly has set out to bring change to the way lawyers across the world resolve conflict, negotiate with their counterparts and work with their clients.

     

    What motivated you to take up law?

    I am a first-generation lawyer, coming from a family of wineries (which I hated when I was young but comes in pretty handy now that I enjoy their wine). At the age of fourteen, I started working internships with different law firms every summer and immediately became fascinated with the incredible tool law provides to make a difference in people’s lives. I decided at that age that I would study law and set to my mind that I had to make it into Harvard Law School.

     

    How did you balance your academics with your co-curriculars? 

    (Claudia has graduated summa cum laude from both her Master and Doctorate at JKU, Linz.)

    Haha, to be honest, when I didn’t study I either slept, ate or did sports. I was a nerd. But I never worked on weekends or holidays, and finished all my degrees below minimum time so I guess it was time efficiently spent without sacrificing any of my relationships and friendships.

     

    Tell us what got you into negotiation training in the first place.

    (As a negotiation trainer, Claudia has trained lawyers all over Europe, the US, Africa and Australia.)

    After my semester with the negotiation program at Harvard Law School, which got me fascinated in negotiation, I moved to New York to spend my Fulbright time working with the New York International Arbitration Centre. Being in New York I quickly made friends with all the law schools there to audit and later guest lecture negotiation courses there. Every step of the way more and more resembled my passion for working with people, teaching and developing new skills. Once back in Europe I was convinced to have found my calling, quit my tenure tack offer and at the age of 27 set sail to navigate the negotiation oceans from thereon forth.

     

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

    I did a wide variety of internships, from big law firms to small law firms, national to international firms, international organizations like the EU Commission, to teaching English classes in Vietnam. I wanted to make sure to know what the various fields of work are like to be able to decide what I wanted to do by the time I graduate. My biggest learning was to see what environment I thrive in most and where I can apply my skills best. I believe that we can only be our best in fields we truly enjoy, so I used internships to search.

     

    How does one secure prestigious scholarships?

    (Claudia has received the prestigious Fulbright Scholarship and the Harvard Boas Scholarship in International Legal Studies.)

    There is no magic formula but what certainly helped me was my long-term planning for excellent grades, diverse educations, early connections with great mentors and diverse extra-curriculars and work experiences. In my first year at law school I sought out the professor who also was a Fulbright scholar and Harvard alumna and started working with her wherever I could, including later for my doctorate. My entire studies I focused on gathering the right experiences, credits, credibilities and connections that would later help me achieve my goals. I believe that great visions paired with obsessive planning, great mentors and hard work lead to great success. The earlier you start to plan out our educational steps or career, the better you can work towards gathering the right “assets” that will eventually get you where you want to be.

     

    Please share with us some of the learning experiences you have had during your LLM at Harvard.

    There was a lot of personal development I took away from being surrounded by so many inspiring people there, many of which have remained close friends and have influenced me over many years after. It is an interesting paradox that, despite the many world- class legal courses, my personal biggest learning was that in the end better negotiation and communication skills give you leverage over better legal skills any time. The most successful lawyers don’t stand out because of what they know but because of HOW they use it.

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

    The best way to avoid decision paralysis is to do as many internships in as many different fields as you can. Once you see what various field are like it will be easier to find the right one. Even if you only know what you DON’T want to do, that’s already a great start. Keep being true to yourself and not doing what you found wasn’t the right thing for you.

     

    In what ways can more awareness about ADR be brought about in countries with higher litigation numbers? 

    Building awareness for a new approach to resolving disputes requires time and needs to start from the next generation. While many senior advocates are well versed in applying alternative methods to resolve disputes, it will be up the generation that is graduating in  the next years to bring the required mindset and awareness to elevate consensual dispute resolution mechanisms like mediation and negotiation to the level of “default go to” they need to become.

    My personal focus in the last few months in India was to, with the help of the network of International Law Students (NILS), train hundreds of law students in Delhi, Mumbai, Chennai and Bangalore, ensuring that they have access to the core skills of negotiation and will approach Dispute Resolution from the right perspective right off the bat. I also spend much of my time providing negotiation trainings to partners and associates in law firms and major conferences like the International Bar Association, helping them to fine tune their negotiation skills and manage the shift to consensual dispute resolution. In this role I have trainer lawyers, judges, public defenders and entrepreneurs across Europe, the US, in Africa, Australia and Asia.

    Can anyone learn to become a great negotiator?

    YES! It is a common misconception that great negotiators are born. Some might be, but most are indeed made. Like any other skill, negotiation can be learned with the right framework, practice and feedback – for sure by an eager student who is truly interested in learning it.

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

    As a self-employed professional I take my work everywhere so it gets difficult to put it away for too long. Over the years I had to learn to balance my ambition and professional goals with keeping a healthy amount of free time. The way I do this is setting fixed schedules and routines. I put personal matters in my calendar – anything that is not in the calendar it’s not happening. My partner and I go sport climbing and enjoy cooking sessions with friends, and yes, they are in the calendar too.

     

    Why is it so important for lawyers nowadays to learn negotiation skills?

    The time where law was about legal battles is over. The new paradigm in law is problem solving. Today’s lawyer has a new job description: cooperative problem solver, client interest focused adviser, business and law savvy partner to corporations.

    Lawyers are hired just as much for their capabilities to overcome business hurdles for clients, skillfully grow business opportunities and quickly solve challenges as they are for their legal skills, which are considered a given. Negotiation skills are at the very core to all these requirements. Without fine tuned negotiation skills lawyers can simply not live up to today’s client expectations.

     

    How is teaching negotiation in India different from other countries you have taught?

    Negotiation is part of India’s DNA, it happens everywhere. As a result of the fierce competition between law firms and law graduates AND the vast backlog of cases in court negotiation skills are more crucial to any lawyer’s success than ever before. Within this newly emerging reality teaching law firms across India is particularly stimulating and rewarding – because lawyers here are aware of these major shifts and bring great curiosity, experience and excitement to my workshops.

    What recommendation do you have for young lawyers that want to make it in the ADR, Mediation or the negotiation field?

    It’s hard to start a purely Mediation or Negotiation related career right out of law school since there is no set career path and most of the (rare) jobs need a certain, age-connected, experience and credibility to become accessible. While you often can’t start with a job in this field you can do many things to get you there quickly. Go to trainings, attend conferences, shadow mediations, assist with trainings, publish papers, volunteer in mediation centers, join mediation organizations that have young mediator platforms and most of all continuously meet people that are working in the field. Make it a point to meet at least one interesting new person a week for coffee. Email people that you admire in your field, tell them what you are up to, share what you admire about them, and ask if they would be available to talk to you over coffee to share some of their career insights and learnings with you. You will be surprised how many people will actually write back and be happy to meet you. The learning and network is invaluable. You last sentence in every meeting should then always be “is there anyone that you think would be interesting for me to talk to?”.

     

     

     

  • Iqbal Khan, Partner, Shardul Amarchand Mangaldas, on his time in LSE, his diverse experience, and plans for the future

    Iqbal Khan, Partner, Shardul Amarchand Mangaldas, on his time in LSE, his diverse experience, and plans for the future

    Iqbal Khan graduated in law From London School of Economics and Political Science in 2006. Prior to that he had attended DePaul University, where he pursued his Bachelor’s Degree in Computer Science. Following his graduation in law, he went on to pursue his JD from Columbia School of Law as a GradeHarlan Fiske Stone Scholar. He is currently Partner at Shardul Amarchand Mangaldas, where he is member of the Private Equity and Mergers & Acquisitions Practice Group. He advises some of the largest sovereign wealth funds, global private equity funds and strategic corporates, and specializes in private equity investments, mergers and acquisitions (both domestic and cross-border), joint ventures, advisory on foreign investment laws and corporate and commercial laws. His experience also includes advising on franchising and restructuring laws.

    In this interview we talk to him about:

    • Transitioning from science to law
    • Working for international and Indian firms
    • Striking a work-life balance

    How would you like to introduce yourself to our readers?

    I can best describe myself as an M&A / PE deal junkie with a passion for cricket, food and Bollywood films. I am currently an equity partner at Shardul Amarchand Mangaldas. My work primarily focuses on M&A and PE investments.

     

    What motivated you to switch from science to law?

    (Iqbal transitioned to law after completing his B.Sc. in Computer Science from DePaul University.)

    At DePaul, which then had one of the best computer sciences programmes in the U.S., I completed my four year degree in less than three years and then started consulting for Cambridge Technology Partners and Microsoft, respectively. While on a flight to a client’s office, I found a book, Barbarians at the Gate – The Fall of RJR Nabisco in my seat cover. This book changed my life. Barbarians at the Gate details the story of the leveraged buy-out of RJR Nabisco (a must read for every aspiring M&A / PE lawyer).  This book was a turning point in my career and inspired me to change direction, and pursue a career in law with a focus on mergers and acquisitions and private equity investments.

    In fact for all their many differences, law and computer science are surprisingly similar disciplines. They both train you to make decisions and to articulate a framework for managing exceptions. My background in computer sciences had given me solid analytical skills and these were indispensable in my study of the law. Hence, my biggest challenge, as we lawyers like to say, was not substantive, but procedural.

    Pursuing a law degree also meant placing on hold other opportunities for career development.  So I declined several promising roles with start-ups and consulting firms; and in retrospect I am happy with the decisions I made. Law school also meant a significant financial commitment and at the time this was challenging though I was fortunate to have a great deal of moral support in pursuing the degree in spite of the fact that it seemed more attractive to continue working at the time.

     

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

    The LSE, in my opinion, is one of the best educational institutions in the world.  If we ever have kids and if they ever decide to study abroad, I would recommend that they go to the LSE.  Its teaching philosophy is modelled after its moto — rerum cognoscere causas, a line taken from Virgil’s Georgics meaning “to know the causes of things.”  I have fostered relationships at the LSE, both with academics and students, each of which I value deeply, and hopefully, when I am even more established and successful, I would like to give back to the LSE – both financially and with my time.

    In terms of activities, while I was a student at the LSE, I was on a very tight budget because I was self-funding my education then. So I enjoyed London – a colloquial for I walked everywhere and ate what I could afford.  And this helped me, at in my view, become a more humble man.  And therefore, I believe the LSE gave me a great education in law, and life at the LSE, gave me a great education in life!

     

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

    I place a great deal of value on work experience at a law firm and I would consider this to be the best step to pursue after graduation.  Joining a law firm helps young graduates develop and refine their own logical framework of addressing legal issues and this is critical in the practice of law.

    As a young associate, students also have the opportunity to work with multiple Partners and across a range of complex transactions. This builds important skill sets, including the ability to manage clients, your immediate boss and to prioritize competing deadlines.  As a young associate you’ll learn a great deal from each transaction, and each experience is an important building block in informing your strategy for your next deal. Law firms also tend to be less bureaucratic for young associates. If you’re willing to work hard, you can navigate your way across different types of transactions so you make the most of your experience.

     

    Do you try to consciously build a specific body of work?

    Over the past few years the role of senior lawyers has changed.  We are no longer called on only to execute an agreed upon term sheet.  Instead we are seen as critical collaborators for our clients when the deal is in its most nascent stage.  Clients frequently bring me in to advise on the strategy for the transaction and not just its execution.

    For me, my transactions give me an opportunity to extend the firm’s relationship with the client; new or vintage. This is a business where reputation matters, and it is always a moment of pride for us at SAM when our existing clients bring in new clients to the firm.  It’s a testament of how much they value the advice, expertise and trustworthy relationship that we bring to the table. I have a clinical approach to choosing transactions. I tend to work on deals where I can best leverage my expertise in advising on strategy for complex transactions. I also enjoy working on deals, which allow me to draw on my international experience to find new and creative ways to structure a transaction. This has been my approach to building my practice.

     

    Tell us about your early professional experiences at Paul, Weiss, Rifkind, Wharton & Garrison LLP and Kirkland & Ellis LLP?

    My wife used to call Paul, Weiss my first love, because I spent more time at work, then at home with her.  Both Paul, Weiss and Kirkland are exceptional legal institutions, and instilled in me the work ethic and the commitment to clients; both of which are essential to a successful legal career.  Beyond the deals (and both firms have been at the helm of major transactions) and the 2 am sushi dinners at work, both firms introduced me to a formidable set of mentors and collaborators, and I am privileged to count them among my most trusted friends and colleagues.

    The sheer breadth of experience and diversity of transactions at both firms was a key strength for me in my early years as a lawyer.  While at Paul, Weiss, I was part of the team that represented Apollo in what has been designated as one of the key material adverse change cases – Huntsman v. Hexion.  At Kirkland, I what part of the team that did the largest leverage buy-out transaction in India – Apax’s PIPE in iGate for acquisition of Patni.

    All in all, I have been very fortunate for these opportunities, and my own practice in India is modelled after the ethical values I learned at these institutions – that of respect and of immaculate client service.

     

    How did you come to work with Khaitan & Co.? 

    I moved to India in 2013 on account of family reasons.  When I left Kirkland in New York, I had just worked on the Apax-iGate-Patni transaction with Khaitan, as the Indian counsel on the transaction.  Therefore, even though I had offers from some of the top Indian law firms then, I decided to move with Khaitan because of my comfort level with the team there.

    At Khaitan, I fostered some very good relationships, but the ones which I value the most are with RBJ, Sid, Bijal, Bhatta, Moin, Niren, Jean, Chemburkar and Vaishali (now at Agram, and my rakhi sister) – all very good lawyers (except for Jean and Chemburkar – they are exceptional BD professionals) in addition to being wonderful friends. Also, a special shout out to Shankar – the cafeteria manager – for amazing unda pav and missal pav!

     

    How did you make the transition from working at international law firms to an Indian one? 

    There is great deal of a difference between international law firms and Indian ones, and then among Indian law firms.  I can probably write a book on this topic, so let me talk about one or two key difference.  International law firms, at least the ones I have worked for, are very particular about the kind of transactions / cases they choose from and they do not shy away from declining a matter for any number of reasons, including when it comes to fees.  In addition, lawyers at international firms – from a first level associate to the senior most of partners – are always accessible 24×7 to their clients.  Also, I remember my Paul, Weiss induction course till this date where every member of the incoming class was taught by the senior leadership to never compromise on your ethical value systems and to never disrespect your colleagues – ever!  Finally, another element that I miss the most are the support services at some of these firms.  For e.g., from subsidized gourmet cafeterias and gym memberships to 24×7 word processing services.

    SAM is modeled after a top-tier international firm (minus the gourmet cafeteria and free gym memberships).  For e.g., even when I travel, I am always reachable thanks to SAM’s technology and infrastructure team.  Further, neither do we encourage nor do we tolerate disrespectful behaviour at the firm.  Finally, Shardul sir, Pallavi ma’am and Akshay have been very clear regarding maintaining the integrity of the firm and regarding never diluting the value of our letter head.

     

    As Partner at Shardul Amarchand Mangaldas & Co, what does a typical working day look like for you? 

    Law is a demanding career, and the long hours are a common feature irrespective of seniority. Regardless of how busy my days are I try and keep a balanced schedule, which includes an hour of meditation at 4:30 am and a late night walk on marine drive. Irrespective of my schedule these two components add stability (and sanity) to my days and are an indispensable source of strength and peace of mind.

    I am an early bird, and I like to get into work by 7:30-8:30 AM before the calls and the meetings start, as I do most of my drafting and reviewing work in the morning.

    Between noon and early evenings on most of my day, I am either on calls or in meetings – with my team on various matters or client meetings. My days usually end at 10:30 PM on average though hours are deal sensitive and when we have a signing / closing, there really isn’t a hard stop to my day.  I am not a believer in face time, so unless there is a live deal, my teams don’t work crazy hours and can work from home late at night depending on the pace of each transaction. I have seen a number of associates burn out early in their career, so it’s important for me, and I also encourage my team, to retain a balance and sense of perspective.

     

    What advice would you give to lawyers who aspire to develop a proficiency in Corporate and Commercial Laws?

    Just one – read, read and read, and when you are tired of reading, read some more.  Reading case laws, transaction documents, statutes and scholarly articles will help you grow your repertoire, and then will come a time, when this will become second nature!

     

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

    Mentors have a formative role across careers, and law is no exception. I have been fortunate to have benefited from the guidance of a formidable set of mentors, including professors at the LSE and at Columbia, senior partners at Paul, Weiss and Kirkland and of course Shardul sir and Pallavi ma’am at SAM.  My own view is that while there is a lot of attention devoted to finding mentors, there is much less attention focused on making yourself mentor-worthy.  Mentors are great sources of collaboration and advice, but engaging and retaining a mentor is hard work and requires discipline, focus and a commitment to excellence in your field.  If you bring this to the table, you will find mentors happy to encourage, advise and even collaborate with you.

    At the LSE, Professor Martin Loughlin played a very important role in my development as a law student.  Followed by Igor Kirkman and Tervor Norwiz (both partners at Watchell) at Columbia who taught me how to dissect an M&A agreement at lightning speed and how to negotiate – a key skill set for every M&A lawyer.

    I am also very grateful for the mentorship and friendship of Ariel Deckelbaum at Paul Weiss.  The same credit extends to Sri Kaushik at Kirkland.  In addition, a special shout out to Bob Schumer, Tarun Stewart and Justin Hamill at Paul, Weiss for teaching me, by example, the qualities of an exceptional lawyer, and to Leo Greenberg for the same at Kirkland.

    I honestly believe that as lawyers we continue to learn from our mentors, and even today at Shardul Amarchand, I am floored by the humility and the legal acumen of Shardul sir and Pallavi ma’am. I consider them both as my mentors as well.

     

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

    There are two types of attributes: those based on aptitude and another set, based on attitude. So all lawyers need to check off the boxes in terms of knowledge of the law and adherence to the cardinal principle of attorney-client privilege. But these are simply the attributes of a good lawyer.

    Good lawyers are defined by knowledge. Great lawyers are measured by the trust their clients have in them; and trust is a function of excellence and personal integrity. These two attributes define success in law (as they do in most other fields as well).

    As a lawyer, it is also critical to appreciate your client’s requirements while addressing complex and challenging issues and to build your relationship with each client. At the end of the day clients need to know that their case has your individual and personal attention. In terms of my own practice, I have built it on both depth and breadth, i.e., working on new matters with existing clients as well as taking on new matters from new clients. Both in my view are critical to building out a Michelin 3-star type practice.

     

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

    I am a very religious man – if you, like me, designate cricket as a religion.  Besides watching cricket (and doing the Govinda dance every time Virat slams the ball across the boundary) and tennis (go Federer!), I enjoy watching Bollywood movies.  I have deep affinity for everything Indian – from the Indian Cricket team to my favourite cuisine – Indian; and much of this is based on the fact that I have spent a better part of my life outside India. So the connect to all things Indian has been strong.

    I also have an interest in cars (vintage rules), art (both Renaissance and modern) and architecture. Volunteering is a passion and both my wife and I are actively involved in voluntary capacity with the institutions and agencies of the Aga Khan Development Network.

     

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

    At the end of the day, career trajectories are all about excellence. The notion that you’ve “arrived” or “made it” is misleading because when you reach what used to be your milestone, another one appears over the horizon. I would say simply this that I wish to build my career in pursuit of excellence and that means continuing to have one of the best M&A / PE practices in the country and ensuring that SAM continues to be one of the most well respected firms in the field.

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

    Law and perhaps medicine are two fields where continuing education is critical to survival. Because law doesn’t function in a vacuum (and depends on political, social and economic context, among other factors), advising clients on structure and interpretation can be complex in a rapidly changing environment. SAM is fortunate to benefit from an amazing CLE team that provides daily deal and regulatory updates.

    Within my team we are also required to write articles (which therefore means we need to stay updated) and discuss key issues each week.

    For e.g., we’ve discussed everything from arbitration provisions (and the issues involved from a private equity investor point of view) to various transaction structures and their implications.  To attend and to be part of the CLE curriculum – at a firm level and at a team level – is an absolute requirement for all my team members.

     

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

    My advice would be to twofold: the first that students invest in quality education and target only the best possible schools for their law degree.  

    The second that they invest in continuing education as well. Law is a complex and rapidly evolving field and frequent changes both in substance and interpretation require that students invest in continuing education throughout the course of their career.

    Overall, neither of these are possible unless you love the field of law. Good lawyers are defined by knowledge but great lawyers have a passion for the law. Pursuits based on passion bring success!