Super Lawyer

Author: Editor

  • Sameer Tapia, Founder and Senior Partner, ALMT Legal, on starting his own law firm and a successful career in the field of law

    Sameer Tapia, Founder and Senior Partner, ALMT Legal, on starting his own law firm and a successful career in the field of law

    Sameer Tapia is a founding and senior partner of ALMT Legal, which was set up in London in 2000 and now has offices in Mumbai and Bangalore. He has expertise in corporate-commercial matters, dispute resolution with a strong focus on aviation, real estate, and private clients.

    Sameer graduated from Bombay University with a bachelor’s degree in Commerce. He read Law from the prestigious Government Law College, Mumbai.

    He regularly acts for various multinational clients in pursuing their contentious matters in India and has been retained by several corporates where he has advised them on commercial contracts, risk insurance, liability and regulatory matters.

    Sameer has represented clients before various foras including the Supreme Court of India. He has a strong commercial acumen in dealing with disputes in various arbitration proceedings as well. He has also advised clients in high profile family disputes and matrimonial matters and acted as an arbitrator/mediator in settling complex family disputes.

    He regularly speaks at international conferences and has submitted papers on Indian Laws. He is a regular invitee and guest speaker at law schools and other prestigious institutions in India. He has also written articles which have been published in the International Bar News, India Business Law Journal, and various other chamber publications.

    The Indian Lawyer 250, a guide to the leading business law firms of India, has featured Sameer amongst the top 40 individual leading lawyers, under the age of 45 years, in India.

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? PLEASE TELL US SOMETHING ABOUT YOUR PRE-COLLEGE LIFE?

    Constructive Lawyer, Thinker, Traveler, Foodie, Passionate about Music Art and Culture.

    Pre College – Was an introvert and shy lad, quite an athlete in school, a sprinter!

     

    YOU ARE ONE OF THE MOST NOTABLE ALUMNI FROM GOVERNMENT LAW COLLEGE, MUMBAI. WHAT ROLE HAS THE COLLEGE PLAYED IN SHAPING YOUR CAREER?

    A number of Legal luminaries have passed out of GLC which is notably one of the most prestigious and oldest institutions in India. The college had some very able professors and strong faculty during my time that helped me along with my theoretical experience with working as a lawyer.

     

    YOU ARE THE FOUNDING PARTNER OF ALMT LEGAL WHICH HAS GROWN TO BE ONE OF THE INTERNATIONAL BEST LAW FIRMS. PLEASE SHARE WITH OUR READERS ABOUT THE CHALLENGES YOU FACED INITIALLY AND WHAT IS YET TO BE ACHIEVED?

    It was difficult to set up a law firm, though I must say it was the most fulfilling experience I have had professionally the benefits of which I reap today.

    Every generation that goes by, I feel the competition and level of expertise only increase with time. The most challenging experience was to set up ALMT in the UK and then bring our footprints into India.

     

    HOW DID YOU CHOOSE YOUR SPECIALISATION? HOW DID YOU GO ABOUT ATTAINING EXPERTISE IN THEM?

    It all happened very naturally – Honestly, your first mentor should be the best one! It flows from there…

     

    WHAT ADVICE WOULD YOU GIVE TO THE YOUNGSTERS IN THE LEGAL PROFESSION, ESPECIALLY TO THOSE WHO PLAN TO SET UP THEIR OWN LAW FIRM?

    It’s not easy to set up a firm as a young lawyer. You must work and train with a senior for at least 10 years before you decide to take the plunge!

    That will give you a good heads start along with experience for anyone to trust you and come to you for sound advise.

     

    WHAT IS THE PROCEDURE FOR A LAW STUDENT TO APPLY FOR INTERNSHIP AT ALMT LEGAL? HOW DO YOU SUGGEST THE STUDENTS CONVERT THEIR INTERNSHIPS TO PPO?

    They must write to the Office Manager who is also in charge of HR of the firm.

     

    WHAT IS YOUR TAKE ON THE EFFICACY OF INSOLVENCY AND BANKRUPTCY CODE. DO YOU THINK IBC COULD HELP THE GOVERNMENT AND BANKS DEAL WITH NPA ISSUE?

    It clearly has helped as we read in the press and companies being taken to task on the basis of their non-performance.

     

    WHAT IS THAT ONE CASE THAT HAS LEFT A LASTING IMPACT ON YOU?

    I cannot put a finger on one! There are so many…

     

    HOW DO YOU THINK WE COULD IMPROVE THE DISPUTE RESOLUTION PROCESS IN INDIA?

    To start with we need more Courts, Judges and an aggressive judicial system which needs to catch up with the backlog of pending suits – and not allow frivolous litigation in India.

     

    IN YOUR OPINION, HAS THE RERA ACT HAS SUCCEEDED IN PROVIDING MUCH NEEDED TRANSPARENCY IN REGULATING THE REAL ESTATE SECTOR?

    Terrifically, but it has its own problems enforcing the Act.

     

    WHAT WOULD BE YOUR WORD OF ADVICE TO YOUNG LAWYERS AND LAW STUDENTS?

    Good reading habit to start with, which most students lack these days, good vocabulary and English if you want to plead and draft documents. Articulate in being well balanced in theory and knowledge of the law.

    There is a right time for everything – Most students try and get into a firm and want to work and miss out on their theoretical experience in College which offers a lot to them by way of bonding studying, moot competition etc.

    They must do a five-year course and temp with firms whilst they study law and then be sure whether they want to pursue law as a counsel or solicitor ( in a law firm ) depending on the field of law they select whilst in college

     

     

  • Kailash Vasdev, Senior Advocate, Supreme Court of India, shares his experience on the struggles, challenges of a career in litigation

    Kailash Vasdev, Senior Advocate, Supreme Court of India, shares his experience on the struggles, challenges of a career in litigation

    Kailash Vasdev is a Senior Advocate at the Supreme Court of India. He has worked with Senior Counsel Nonit Lal, then Justice BN Kirpal, former Chief Justice of India. He cleared the AOR exam in 1981. He became member executive of Supreme Court Bar Association in 1991 and was instrumental in creating 1st Advocates Welfare Fund in Supreme Court. He was designated as Senior Advocate in 2000. He has a huge number of cases to his name, including sensitive cases like that on the death penalty. He has more than 1400 reported judgements to his name.
    In this interview we talk to him about:
    • Designation of Senior Advocates
    • Qualities expected of a fresh entrant in litigation
    • Importance of mentors at the starting of one’s career.

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? PLEASE TELL US SOMETHING ABOUT YOUR PRE-COLLEGE LIFE?

    I am a lawyer who respects the law and prefer to discharge my duties without fear. It is a lawyer’s obligation to discharge his professional obligations with promptitude, correctness, and expedition.

     

    COULD YOU TELL OUR READERS ABOUT THE FIRST TIME THAT YOU APPEARED IN COURT?

    Within fifteen days of joining the profession in 1975, we were appointed as amicus to assist detenues under the Detention laws prevailing during the emergency. We were to assist the detenues in obtaining facilities in detention like medical care and other amenities. I knew nothing about detention. The Judge and the Additional Solicitor knew everything about this law. It was challenging for a fifteen days old lawyer to stand frightened in court with a single purpose of getting in client relief. Success came with learning.

     

    HOW IMPORTANT IS IT TO HAVE MENTORS FOR A YOUNG LAWYER IN STARTING HIS CAREER IN LITIGATION?

    That can be controversial because in today’s professional ethics new entrants necessarily look at high incomes. Good mentors do not have high incomes because they follow ethics both in fees and practice. Youngsters do not accept this. It was after fifteen years that we felt that we had learned some law. Today the feelings are different because all learning comes from behind the screen. Therefore, mentor selection is a choice for young lawyers.

     

    WHAT FACTORS INFLUENCED YOUR DECISION TO BECOME AN AOR?

    Drafting – learning to draft well because when you draft a petition you learn to be precise on facts and specific on the law. The absence of either kills a good case. Drafting is a learning experience.

     

    DID YOU REQUIRE ANY PREPARATION TO APPEAR FOR THE SUPREME COURT AOR EXAM?

    There is more to the AOR post exam. There is a prescribed syllabus. One needs to follow the syllabus and prepare themselves for the exam. But the real skills are developed post the exam.

     

    WHAT SKILL SET IS REQUIRED FOR A YOUNG LAWYER AIMING TO BE DESIGNATED SENIOR ADVOCATE IN THEIR CAREER?

    There are no more skills set – especially after 2017 judgement laying down guidelines for designation of a senior advocate. Eligibility set down by S.C. contractionary to Advocate Act where seniorship was a privilege by the court.

    After Supreme Court judgement and High Court Rules it requires eligibility and skills are no longer required.

     

    WHAT QUALITIES WILL YOU LOOK FOR HIRING A JUNIOR?

    A young entrant is to learn as he gets along. He must be dedicated. The only single requirement is dedication.

     

    PLEASE TELL OUR READERS OF SOME OF YOUR MOST MEMORABLE CASES?

    1. Bhushan Singh v. the State of Punjab, 1983 judgment: Three people were sentenced to death; the Supreme Court acquitted one and reduced the sentence of two to life.
    2. R.C. Sood v. the State of Rajasthan: High Court had created false evidence and relied on non-existing persons.
    3. Detention Cases: On false implication, many people were taken into custody. The satisfaction of getting a detenue released on a false accusation is unparalleled.

     

     WHAT WOULD BE YOUR WORD OF ADVICE TO OUR READERS?

    Keep money as your last call. It comes with dedication. Most importantly dedicate your time reading, understanding and improving the judicially settled law because you can change the judicial pronouncements.

     

  • Pranjal Sinha, CEO and Co-Founder, ODRways, on startup, college life and JAMS Fellowship

    Pranjal Sinha, CEO and Co-Founder, ODRways, on startup, college life and JAMS Fellowship

    Pranjal is a fourth-year B.A/LLB student of West Bengal National University of Juridical Sciences (NUJS), Kolkata. He is the CEO and co-founder ODRways, one of the top twelve mediation centers recognised by Ministry of Law and Justice, Government of India. He is also the youngest recipient of  Weinstein JAMS International Fellowship, recognising his efforts in the field of Alternate Dispute Resolution (ADR). He is also a trained cyber law expert and a certified mediator from Ministry of Corporate Affairs, India. Chief Coordinator of Indian Mediation Week, a pan-India mediation awareness campaign, he strongly believes that the Indian Justice System should move away from the contentious procedure of litigation, and towards more collaborative mechanism of mediation.

    In this interview he shares with us:

    • Balancing his startup with law school
    • Being youngest recipient of the JAMS international fellowship
    • His startup ODRways
    • Mediation as a means for dispute resolution

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    A fourth year student from NUJS, Kolkata, with a vision to make mediation the primary method of dispute resolution in India and a startup called ODRways to support it.

    I have been often criticised by my friends for bringing mediation in most of my conversations. Another extremely key aspect of my life, which bores my friends, is spirituality. Although blessed with poor socialising skills, I strongly believe that the secret to a happy life lies in happy relationships.

     

    WHAT ROLE HAS THE COLLEGE PLAYED IN SHAPING YOUR CAREER?

    An extremely crucial role!

    NUJS exposed me to a wide variety of perspectives. When I entered college in my first year, I was told about high paying packages of corporate law firms but I was also told about the prevalence of a strong entrepreneurship culture. I was told about seniors like Tanuj Kalia, Ramanuj Mukherjee, Jay Sayta, Om Agarwal etc who took the road less taken, pursued their interest and made it big.

    In fact, in my second year when I came up with the idea of ODRways, it was Om Agarwal, presently the founder of EazyCoach, who encouraged me to attend a startup event at IIM Kolkata, where I eventually met my co-founder, Vikram Kumar, and started my startup journey. I also had the good fortune to find mentors like Professor Vaneeta Patnaik and Hon’ble Justice Protik Prokash Banerjee who have been a constant support system on every step of this journey. Another advantage about NUJS is the freedom it provides. The academics are not extremely heavy and one gets the time to discover and pursue new interests and hobbies.

    Lastly and most importantly, the brand of NUJS itself has been extremely helpful. We have got to meet and network with so many influential people just by the virtue of being students of this college. This college has definitely provided me the perfect combination of freedom and resources to pursue my interests.

     

    YOU ARE THE CEO AND CO- FOUNDER OF ODRWAYS. HOW DO YOU BALANCE A START UP WITH A LAW SCHOOL LIFE?

    To be honest, I don’t do a great job of balancing it. To clarify, balancing academics is still doable. The real challenge is to maintain attendance. God, the fear of debarment has been a constant part of my college life. So many times, I have missed classes because of mediations being scheduled in the morning or meetings with the parties. However, I have managed to meet the minimum attendance requirement, primarily because of the supportive teachers and roommates who ensure that I reach the classroom.

    My time management skills aren’t that great too. But the technique which has been really helpful for me has been energy management. One of the biggest misconceptions about productivity is that it’s all about time management. The difference has to do with our energy and enthusiasm rather than the amount of time we have. A high state of energy while working not only improves the quality of work but also gets more done in lesser time. Some of the practices which I have imbibed in my daily routine to manage my energy well has been meditation and exercise. It helps in maintaining calm, bumping up the productivity significantly and increasing satisfaction in the work.

    And lastly, one needs to have a clear ‘why’ about pursuing something. I needed clarity in my head about why I am prioritising my start-up and not focusing on academics or co-curricular such as moot courts or debates. I have never interned since my second year but I have always had the clarity about what I want to do.

    I absolutely love the process of mediation. I strongly believe that if the power of mediation is combined with the magic of technology, it can do wonders for the state of access to justice in India. Presently, ODRways has 80 mediators in 22 cities across India. We have dealt with more than 700 disputes in the last year, ranging from small consumer disputes to 400 crore worth mining matters. The Union Ministry of Law and Justice has also recognised us in the list of top twelve ADR centers across India to help cut governmental litigation. The journey has been challenging till now but it has definitely been a worthwhile cause to work for.

    With that clarity in mind and persistence, it is not difficult to figure out a way to balance these two things and make it work.

     

    YOU ARE THE YOUNGEST RECIPIENT OF THE JAMS INTERNATIONAL FELLOWSHIP IN THE WORLD. WHAT IS THE APPLICATION PROCESS FOR THE SAME?

    The JAMS fellowship is an extremely interesting opportunity for people specialising in the field of Alternative Dispute Resolution. It is annually awarded to ten to fifteen experts in the field of ADR from around the world. Inaugurated in 2008, the purpose of the fellowship is to provide opportunities for qualified individuals from outside the United States to study dispute resolution processes and practices in the U.S. to assist them in their efforts to advance the resolution of disputes in their home countries. The JAMS Foundation approves Fellowships of up to $20,000 in support of projects outlined by fellowship applicants. The Program is intended for individuals who have demonstrated experience with and commitment to the field of Alternative Dispute Resolution (ADR) and who seek to increase the availability of dispute resolution education, training and services in their own countries and beyond.

    Till now, India has produce four JAMS fellows which includes former Justice M.L Mehta, Delhi High Court, former Justice Kannan, Punjab and Haryana High Court Chitra Narayan, former Partner of Jyoti Sagar Associates (JSA), Laila Ollapally, Founder of Center of Advanced Mediation Practice (CAMP), Bangalore.

    The application process is extremely comprehensive with deadline of proposal submission being in mid-September. One needs to submit a proposal explaining their experience in the field of ADR and what they intend to do with the fellowship money. Basis that proposal, candidates are shortlisted for the interview, which takes place in March. In my proposal, I primarily focused on the work my tech-mediation startup has done and how if I need to make it better, it is imperative that I strengthen my mediation skill-set as well as my business management skills. Therefore, I proposed that as a part of the fellowship, I intend on attending mediation training courses at Harvard Law School and shadow mediation at JAMS Mediation Center, and also do executive courses in Business Management at Stanford Graduate Business School and attend Business Development Program at Silicon Valley. On the basis of my proposal and dispute resolution experience, they shortlisted me for the interview stage. It was an early morning Skype interview with a panel of five members from JAMS. It was a half an hour interview where the discussion was strictly restricted to my proposal.

    The results were released in a week and with some good luck in hand, my proposal got approved and I became the youngest recipient of this Fellowship. The entrepreneurship programme at the Silicon Valley and the dispute resolution experience of JAMS will provide me with a holistic skills-set and benefit me in improving the services of my mediation center in India. I am looking forward to making the most of this opportunity.

     

    WHAT IS YOUR TAKE ON MEDIATION IN CRIMINAL CASES?

    This is one of the most controversial debates in the mediation circle and I can take a book to answer this question. But, in my opinion, mediation is possible in criminal cases to a certain extent.

    Firstly, section 320 of CrPC allows cases, which are considered less serious criminal offences, to be compoundable in nature. This means they can be settled outside the court with the help of a mediator provided there is consent from both the offender and the victim. Some examples being adultery, causing hurt, defamation, criminal trespass, dishonor of cheques etc.

    For serious cases, it depends heavily on the nature of circumstances. I do not subscribe to the hard line stance that there should be no scope of mediation in serious crimes and the whole matter should be entirely handled by state criminal processes. The process of mediation is often used in criminal cases abroad. According to the Centre for Justice & Reconciliation in the US, there are around 400 Victim-Offender (VO) mediation programmes running in the US and Europe for criminal cases.

    In a VO mediation, it is a pre-requisite for a mediator to ensure that both parties are psychologically capable of making the mediation a constructive experience, that the victim will not be further harmed by the meeting with the offender, and that both understand that participation is voluntary. The parties then meet to identify the injustice, rectify the harm (to make things right or restore equity), and to establish payment/monitoring schedules. Both parties present their version of the events leading up to and the circumstances surrounding the crime. The victim has a chance to speak about the personal dimensions of victimization and loss, while the offender has a chance to express remorse and to explain circumstances surrounding his/her behavior. Then the parties agree on the particular nature and extent of the harm caused by the crime in order to identify the acts necessary to repair the injury to the victim. The terms of the agreed reparation (e.g., restitution, in-kind services, etc.) are reduced to writing, along with payment and monitoring schedules.

    Studies have concluded that these mediation programmes in criminal disputes have high client satisfaction rates, victim participation rates, restitution completion rates, and have resulted in reduced fear among victims and reduced criminal behaviour by offenders.

    Considering the heavy social stratification and unequal bargaining power present in our society, it is needless to say that implementing a V-O mediation programme will be extremely challenging in India. But taking lessons from other countries, it is still possible to implement an effective Victim-Offender (VO) mediation programmes for criminal disputes in India.

     

    PLEASE TELL US ABOUT THE MEDIATION COURSE UNDER THE MINISTRY OF CORPORATE AFFAIRS. WOULD YOU RECOMMEND THE COURSE TO OTHER LAW STUDENTS AIMING A CAREER IN ADR?

    In 2016, I completed the commercial mediation training programme at Bangalore from Indian Institute of Corporate Affairs (IICA) under Ministry of Corporate Affairs, Government of India. The 40-hour training course gives a comprehensive insight and understanding of the mediation practice in India. It has an added benefit of being one of the first government certified mediation training courses in India which can be a brownie point for one’s resume. The faculty includes some leading mediators from India such as Anuroop Omkar, Kritika Krishna Murthy, Dr. Vijay Kumar Singh and usually has some professionals from abroad too.

    The 40-hour training courses are not the end all of learning the skills of mediation. In fact, it is impossible to learn the art of mediation from a five day training programme. These mediation training programmes provides you an exposure and insight to this new field of dispute resolution. It doesn’t make you an expert. Some of the very senior mediators in India have done around 30 mediation training programmes and they still keep attending more. The art of reframing, using metaphors and analogies, active listening etc is something which comes mainly only from practicing and observing mediations. Needless to say, these courses are expensive ranging from 30k-50k.

    So, rather than jumping for a professional mediation training course directly, I would recommend to find out more about this field of dispute resolution. There are some excellent resources available on the internet such as MediatorsAcademy, Mediate.com, Harvard PON Blog etc to find out whether you are interested in this field or not. Afterwards, it makes sense to go for a professional mediator certification.

     

    DO YOU THINK THAT MEDIATION AS A MEANS OF DISPUTE RESOLUTION CAN BE SUCCESSFUL IN INDIA CONSIDERING MOST CASES START WITH MEDIATION FOLLOWED BY ARBITRATION AND FINALLY END UP IN COURTS?

    Unfortunately, most cases don’t start with mediation in India. In fact, 54 percent of the population in India is not even aware of the existence of mediation services. They often confuse it with medita’t’ion or think it is the same as arbitration.

    Mediation, unlike arbitration or the system of courts, has the highest party autonomy. Parties decide what they want. The mediator is not like a judge or an arbitrator. He cannot pass an award or a judgment. His job is to ensure both parties have an effective dialogue, they move away from their adversarial positions and underlying interests are figured out. Mediation as a dispute resolution gives parties the maximum control over the procedure and the outcome. Even after 20 mediation sessions, if the parties are not happy with the way the conversation is going, they can withdraw from the process. The nature of mediation is that it is completely voluntary in nature. When parties settle in mediation, they settle for life. There is no winner or loser in mediation, it is a collaborative process where you find a common ground, which is suitable for both parties. There is no loser in this process who will challenge or appeal in a higher forum, unlike arbitration or litigation. It is one of the most beautiful methods of dispute resolution, which ensures highest party satisfaction.

    Unfortunately, we do not have a strong culture of private mediation in India. People don’t approach mediation centers on their own when they have a dispute. Their lawyers don’t recommend it either. The misconception that mediation is not a very ‘legal’ way of resolving a dispute or it is not suitable for complicated matters affects the usage of mediation in the public. We need to understand that mediation is worldwide recognised as a better method of resolving civil disputes. 95 percent of the top 1000 U.S fortune companies prefer mediation to arbitration/litigation. From Reliance Dhirubhai Ambani-Mukesh Ambani dispute to Amarchand – Mangaldas split-off to the recent Raymond family dispute, they have been resolved through the process of mediation. In order to tackle these misconceptions and mindset issues, we recently organised a pan-India mediation awareness campaign in fifteen cities across the country. It was called the Indian Mediation Week and was supported by Government of India and Supreme Court Mediation and Conciliation Project Committee (MCPC). In two months, 126 mediation awareness drives were conducted with more than 250 student volunteers working in ten cities across India and sensitising over ten thousand people by encouraging them to adopt mediation as a method of dispute resolution.

    Mediation needs to be a first response to a dispute. When you are caught in a conflict, you need a professional neutral that can facilitate communication. You need to call a mediator first. You need immediate ego-destabilisation. The adversarial processes of courts or arbitration can make the relationship worse and turn it into ego battle, where you don’t really win even if you win the case.

    Also, mediation has recently garnered some ground and shown its success as an effective method of dispute resolution in India, with Bangalore and Delhi leading the movement. Bangalore mediation center (BMC) is known to have a resolution rate of 65 percent with one case taking an average of 126 minutes. Mediation centers in Delhi such as Samadhan, Delhi Dispute Resolution Society (DDRS) etc. have shown a settlement rate of 75 percent. The Government of India, in furtherance of the PM Modi’s agenda of improving the ease of doing business rank, is taking active steps to promote mediation. In August 2017, the Union Ministry of Law and Justice released a list of twelve ADR centers across India, which will help government departments in resolving disputes since government is the biggest litigant in India. ODRways is also getting the honor of being recognized in this list by the Government. They have also passed an ordinance on 3rd May, 2018, making pre-litigation mediation mandatory for certain commercial disputes. These developments can give a huge boost to the mediation culture of India.

     

    YOU ARE ALSO A PRACTICING MEDIATOR WITH AN ONLINE MEDIATION PLATFORM. WHAT IS THE SKILL SET REQUIRED TO SUCCESSFULLY MEDIATE A DISPUTE?

    From all the mediations I have coordinated through my platform, I realised that there are many skills, which a good mediator needs ranging from active listening, empathy, subject matter expertise etc. But in order to be a successful mediator in India specifically, I would like to emphasise on two important skills:

    • The Art of Reframing: Reframing means changing the frame of the mind of the party. Parties to a dispute come to us in a lot of stress. They are suffering emotionally, physically and financially. It is the burden of the mediator to bring a change in mindset of the litigant. To make the parties focus more on solutions than the problem. To make the parties value their relationships. To make the parties look at the dispute as a journey or an opportunity to grow rather than a war to win. Reframing is the essence of mediation. In order to reframe well, one needs to develop a strong command over the language, using metaphors and analogies effectively, storytelling etc.
    • The art of marketing yourself: Aled Davis, Founder of MediatorsAcademy, hits the chord, when he says that mediators are not terribly good at marketing themselves because they are generally a humble bunch of professionals who like to remain in the shadows and not make a fuss or song and dance. Marketing is the core of any business, without it the chances of you succeeding are next to nothing. We need to acknowledge the importance of marketing and learn from some of techniques as suggested by him. One that really stuck with me was that while advocating for mediation, we often focus on confidentiality, impartiality, flexibility of the process etc. Parties don’t care about these attribute or that it’s an informal process or that you’ve been mediating for ten years or that you have done N mediation training programme. They want to know that the issue can be concluded in 24hrs rather than six or twelve months of litigation. They want to know that they can protect their public reputation. They want to have certainty over the cost of reaching resolution. In order to convert the enquiries into cases, focus your marketing messages around your client’s biggest needs, fears or pains.

     

    WHAT MESSAGE WOULD YOU LIKE TO SHARE WITH OUR READERS?

    No one knows if it’s going to work out for you.

    You don’t know what the outcome is going to be of all your effort. Therefore, it’s extremely important to enjoy what you are doing as you are going along. Rejection is okay if you are still enjoying everything BEFORE the final “no”.

    Enjoy the journey, and stop worrying so much about the destination.

     

     

  • Aditya Singh, Founder and Chairman, Alexis Group, on founding Alexis Group, Indian Law Conclave and opportunities for law students

    Aditya Singh, Founder and Chairman, Alexis Group, on founding Alexis Group, Indian Law Conclave and opportunities for law students

    Aditya is founder and chairman of the Alexis group. He has completed his Master of Science in International Management with Merit from the Department of Strategy and Organisation, and Gold Level Certificate in Entrepreneurship from the Hunter Centre of Enterprise, Strathclyde Business School, University of Strathclyde, Glasgow. He also served as the President of Bharat Sansthan (India Society) at the university in the year 2014-15.

    He is a Bachelor of Commerce (Honours) majoring in Finance and Marketing from the University of Delhi. He has also served as a Teach for India Fellow to eliminate education inequity in India.

    Aditya has also been recognised as a Global Shaper by the World Economic Forum and as a Changemaker by the Global Action on Poverty. He was selected as a Hesselbein Fellow by the University of Pittsburgh, USA in recognition of his exemplary leadership and civic engagement skills and as a Prerna Fellow by the Indian Institute of Management Lucknow, one of India’s top b-school in recognition of his exemplary leadership and entrepreneurial skills. He was also conferred the Fellow of CMS Award in recognition of his outstanding leadership and community service.

    He has represented India at various International events including prestigious International Youth Forum Seliger organised by Federal Agency on Youth Affairs, Russian Federation and International Youth Forum Mauritius by Konectenu.

    In this interview we speak to him about:

    • Success of Alexis Group
    • His experience representing India at various International Forums
    • His experience as a TEDx speaker
    • Being a recipient of various Fellowships

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    I am an intuitive and inquisitive person with a blend of entrepreneurial mindset. I love to interact with people, discuss ideas, build institutions, and get things done. On professional front, I am a qualified management consultant with specialisation in strategy, marketing, and policy.

    Furthermore, I adore public speaking and speak on wide range of subjects such as Education, Leadership, Civic Engagement, Development, Entrepreneurship, Excellence, Ethics & Values, Right to Information, Research Methodology, Public Accountability, Cross Cultural Communication, Youth Empowerment, Public Policy, Law, and Politics.

     

    PLEASE TELL US SOMETHING ABOUT YOUR CHILDHOOD AND COLLEGE LIFE?

    I grew up in campuses of NDUAT Kumarganj, Faizabad and IIM Lucknow as my parents are Professors. I studied at DAV Public School in Faizabad and City Montessori School, Aliganj in Lucknow. Both the schools provided me a very strong foundation of ethics and values and emphasised on the importance of human and divine education along with material education. Overall, I had a very eventful childhood filled with wonderful peers and teachers. I participated in various games, sports, activities and events both in school and campus.

    I pursued Bachelor of Commerce (Honours) from Ramanujan College, University of Delhi. My undergraduate academic experience was very enriching and I have enjoyed every part of it. It enabled me to become an independent person, interact with diverse set of people, understand multiple perspectives, think out of box and widen my horizon. Alongside with my studies, I was also involved with the National Service Scheme throughout the three years of college.

    Later, I pursued MSc in International Management from University of Strathclyde, UK. My postgraduate learning experience was more about reflective learning, learning from peers and putting critical thinking into action in different projects taken by me. Studying with peers from 25 nationalities was indeed a great learning experience. International Management also taught me a lot about people, culture, leadership and diversity apart from different functional areas of management such as Finance, Marketing, Human Resource Management, Entrepreneurship, and Strategy with the International component in all of them.

     

    WHAT MOTIVATED YOU TO START THE ALEXIS GROUP? WHAT WERE THE CHALLENGES YOU FACED AND WHAT IS YET TO BE ACHIEVED?

    I wanted to create a global youth empowerment platform and develop a pool of young leaders who are passionate about inclusive development, sustainability, and giving back to the society by creating new opportunities and disrupting vicious cycle of poverty.

    I believe envisioning and incorporating an organisation was an easy task (though it seemed very difficult at seventeen). However, aligning my personal and organisational goals, recruiting and managing people, sustaining the organisation, staying true to the vision and creating sustainable positive impact are some challenges faced by me in past and present times too.

    Our motto is Passion for Excellence and remaining true to it, our nine year journey has been a roller-coaster ride. I feel that we have made significant progress in various work areas and empowered several young leaders. However, we still have a long way to go in fulfilling our vision. The journey has just started and I look forward to collaborate with young people from around the world to fulfil this shared vision.

     

    WHAT ARE THE WORK AREAS THAT ALEXIS GROUP FOCUSED ON?

    Broadly, our work can be divided into Advocacy, Awareness, Consultancy, Education, Events, and Research.

    Our focus areas include Agriculture, Economics, Education, Governance, Healthcare, Human Rights, Technology, Law, Management, Public Policy, Rural Development, Strategy, Women and Youth Empowerment.

    PLEASE SHARE YOUR EXPERIENCE REPRESENTING INDIA AT VARIOUS INTERNATIONAL FORUMS.

    I have represented India at International Youth Forum Seliger Russia, International Youth Forum Mauritius, Global Business Studies Programme at School of Oriental and African Studies, University of London, Hesselbein Global Leadership Academy, University of Pittsburgh, USA and Shape South Asia Conference in Dhaka.

    It has truly been an incredible experience. I have always tried to be an energetic ambassador of India by showcasing our rich Culture and Heritage around the world. Travel and experiencing diversity have really widened my thought process and horizon. This has also enabled me to become more conscious about my choices and decisions.

     

    WHAT IS THE SCOPE OF WORK FOR A LAW STUDENT AT ALEXIS GROUP?

    Historically, our leadership team has had 80% people from law background. However, now we have a diverse mix of people from management, technology and law in our leadership team.

    Throughout the year, we advertise various leadership and internship opportunities in the following work areas: awareness, research, education, and events. Furthermore, around 60% of our interns come from Law schools. Over 1000+ law students have interned with us in past nine years.

     

    HOW CAN A LAW STUDENT APPLY FOR INTERNSHIP AT ALEXIS GROUP?

    A law student can fill our Common Application Form available on the Careers page of Alexis Group website: www.alexis.in

    Additionally, they can send their CV to careers@alexis.co.in

    If they have already done some preliminary research and wish to work with a particular member organisation, they can mail their CV directly to the respective member organisation on its official email ID.

     

    PLEASE TELL US ABOUT THE INDIAN LAW CONCLAVE. HOW CAN LAW STUDENTS PARTICIPATE IN THIS?

    Indian Law Conclave is a three day National Conference organised by Adhrit Foundation, INY Foundation and Model Governance Foundation at International Youth Hostel, New Delhi from 29th June – 1st July 2018.

    The Conclave will have delegates from all over India who will engage in three days of rigorous learning, reflection and sharing of knowledge, skills, experiences, and perspectives. Focus areas of the Conclave would be Alternative Dispute Resolution Mechanism, Constitutional Law, Corporate Law, Cyber Law, Intellectual Property Law, International Law, and Maritime Law.

    The Conclave will have both Formal and Informal events. Formal events include Keynote Presentations, Paper Presentation Competition, and Group Discussions. Informal events include Open Forum, Cultural Night and Ethnic Fashion Show, Life Mapping Exercise, Dance and Music performances. Workshops and Mini Bootcamps on Entrepreneurship, Governance, Leadership, Public Policy, Research Methodology, Self-Management, and Social Media will be also conducted during the Conclave.

    Students can participate by applying on the following website: www.indianlawconclave.com/registration.html

     

    YOU HAVE ALSO FOUNDED INDIA LAW FORUM. PLEASE SHARE YOUR VISION FOR THIS FORUM.

    India Law Forum is a community for lawyers and law students committed to empower people through legal aid, legal awareness, and legal education. A concept mind map is available on www.indialawforum.com

    The forum will be formally launched on 29th June, 2018 at Indian Law Conclave in New Delhi. As of now, I am interviewing the potential candidates for leadership positions at the Forum.

     

    YOU ARE THE RECIPIENT OF VARIOUS FELLOWSHIPS. COULD YOU SHARE SOME DETAILS FOR OUR READERS?

    I have received four fellowships:

    Hesselbein Fellowship (2013) – This fellowship is awarded by Hesselbein Global Academy for Student Leadership and Civic Engagement at University of Pittsburgh, USA. Every year, it selects 50 top student leaders from across the world and mentors them to be effective, ethical, and innovative leaders at its Annual Summit.

    Prerna Fellowship (2013) – This fellowship is offered by IIM Lucknow to Top 20 Entrepreneurs every year. It includes an award and 3 day mentorship programme by IIML Faculty and Industry experts.

    Fellow of CMS (2013) – This fellowship is awarded to distinguished alumni of City Montessori School Lucknow who have excelled in their respective fields.

    GAP Changemaker (2017) – This fellowship is awarded by Global Action on Poverty to Changemakers for their ideas and initiatives to eradicate poverty.

     

    RECENTLY YOU SPOKE AT A TEDX EVENT. WHAT WAS YOUR TALK ABOUT?

    My talk was about Demystifying Collaboration. I shared my learning and experiences of working in the development sector for last ten years. Furthermore, I suggested tools and approaches for making the process of collaboration easy and impactful.

     

    WHAT WOULD BE YOUR MESSAGE TO OUR READERS INTERESTED IN PURSUING A CAREER IN DEVELOPMENT SECTOR?

    A career in the development sector is both challenging and fulfilling. It provides you an opportunity to bring social and cultural shifts, create positive impact in lives of large number of people and work for sustainable and inclusive development.

    You must be both mentally and physically prepared before you take the plunge, but once you start your journey, there should be no looking back. On the journey, be comfortable with uncertainties because you will have to improvise and reinvent yourself again and again.

     

     

  • Siddharth Acharya, Independent Counsel, on challenges of litigation, planning internships, and directing documentaries

    Siddharth Acharya, Independent Counsel, on challenges of litigation, planning internships, and directing documentaries

    Siddharth Acharya graduated from Government Law College, Mumbai in 2014. After a very brief stint at Oasis Council & Advisory and Khaitan Legal Associates, started his own independent practice before Supreme Court of India & High Courts and various forums like the National Company Law Tribunal, National Company Law Appellate Tribunal and Securities Appellate Tribunal.

    In this Interview, we speak to him about

    • His formative days as a transactional lawyer;
    • His transition from a transaction lawyer to a litigator;
    • His fondness for directing films and his documentary “The Abandoned Cranes” which received attention across the globe and
    • His inclination towards working for think-tanks on various public policy related works.

     

     

    HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

    Rather than calling myself as a Super-Lawyer, I will introduce myself as an independent practising super-struggling lawyer who is out there to carve a niche for himself in the Meccah of litigation which is New Delhi. I am in process of building my practice brick to brick here and intend to become Advocate on Record in future. I take up consumer matters pertaining to Insurance and company matters pertaining to Insolvency and Bankruptcy as I personally believe consumer forum and National Company Law Tribunal are the best places where you shall start arguing and it is quite heartening to see how encouraging Judges these days encourage you to speak in court. It is an organic process and takes time but yes I am out there to work hard and learn something daily.

     

    TELL US ABOUT YOUR PRE COLLEGE LIFE. WHAT MADE YOU DESCEND TOWARDS LAW?

    I was an above average student of Bikaner Boys School. During my school days I had keen interest in quizzing, cricket and debates. I was not a rank holder in my class but I use to get decent grades and use to secure highest marks in History and Political Science. My other interest was the theatre which I used to pursue in my school and read novels and plays of Shakespeare, Munshi Premchand, Anton Chekov, Fyder Dostoevsky and George Bernard Shaw. My great-grandfather was a District Court Magistrate and a prestigious senior lawyer in Bikaner. I still have fond memories of seeing him in the profession. He was a voracious reader and had garnered a lot of respect in the legal fraternity of Bikaner. He used to do a lot of pro-bono work and his stature and prestige stayed in my sub-conscious and has a lot of impact on me even till now. Law as a profession did not come to me as a natural choice, I was clueless and confused after my school on what to pursue. I secured admission in reputed Biotechnology College in South and Agriculture University and wanted to prepare for Civil Services but back in 2009 CLAT was gaining a lot of popularity among the youth in my hometown. My cousin ended up securing job in her campus placement in SEBI after finishing her education from National Law School, Jodhpur and suddenly word of mouth spread in the family that if you wish to have a successful professional life and end up in a dignified post after your graduation then it is the best time to pursue law.

     

    WHO WAS YOUR MENTOR, OR MAIN SOURCE OF INSPIRATION WHO MOTIVATED YOU ALL ALONG THE WAY?

    There are various people who have motivated me in the journey. My initial mentor was Mr. Dinesh Shripat who is my uncle and he had persuaded me to take up law as a career. After I finished graduation, I started working with Mr. Haresh Jagtian in Mumbai. His flamboyance, articulation, magnanimity and charisma is infectious. I really consider him as an institution and one can learn a lot from him be it law or life. His understanding about subjects like Jurisprudence, Evidence and Constitution is exceptional and I was fortunate to have been associated with him directly on PIL which he had filed against the State of Maharashtra on criminalising possession of beef. I got to work with various legal and constitutional jargons of Bombay High Court Bar including likes of Aspi Chenoy and Navroz Seerwai.

    Another person from whom I garner a lot of inspiration is Mr. Sharan Jagtiani and Mr. Somasekhar Sundaresan, both of them are among the most sought after counsels in the fraternity. At their age, if I achieve even a fraction of their accomplishment, I would consider myself successful. Mr. Sakate Khaitan, Managing Partner of Khaitan Legal Associates and Mr.Yogesh Chande from Shardul Aamarchand also have a strong influence on me professionally.

     

    HOW WAS YOUR EXPERIENCE AT GLC, MUMBAI? WHAT WERE YOUR AREAS OF INTEREST IN THE LAW? DID YOU ENGAGE IN EXTRA-CURRICULAR ACTIVITIES WHILE IN COLLEGE?

    GLC taught me to be independent and courageous. I was a young naive boy who was going through everyday cultural shock as the transition from a small place like Bikaner was a bit painful to go through. I got to intern with various law firms like Junnarkar Associates, AZB and Partners, J Sagar Associates, Luthra to name a few. I found the firm environment extremely challenging and intimidating and to be honest did not really enjoyed it. Coming from a small place and fear of survival mounting on my head in a super-expensive city like Mumbai, I did not have the courage to take up litigation immediately after graduation so reluctantly I decided to join the firm.

    My area of interest was Investment Laws especially Securities as I had obtained post graduation diploma also in it but what really intrigued me was Constitutional Law. I started watching ShyamBenegal’s series Samvidhan on YouTube which covers the constitutional debates that took place in Constituent Assembly before India became Republic in 1950. My love for politics helped me to understand the contemporary political problems of this country along-with nuances and intricacies involved in the drafting of the most sacrosanct document of the nation. The upheaval and challenges which founding fathers of the Constitution must have had gone through. Understanding the entire process made me aware about the importance and indispensability of Constitution to run such a diverse and pluralistic democracy.

    I was engaged in extra-curricular activities like Model United Nations and authored a paper those days on problems faced by Muslim women in India. I also did Moot Courts and Model United Nations. But what I liked doing the most was debates.

     

    DURING YOUR LAW SCHOOL YOU HAD DIRECTED VARIOUS SHORT FILMS AND DOCUMENTARIES ONE OF THEM WAS THE ABANDONED CRANES WHICH RECEIVED ATTENTION ACROSS THE GLOBE. COULD YOU PLEASE TELL US ABOUT THE DOCUMENTARY AND YOUR CHALLENGES WHILE PREPARING THE SHORT FILM?

    (Siddharth’s documentary The Abandoned Cranesgot screened at the House of Commons and was screened at Brussels in European Union Headquarters. He has addressed the British Parliament and French Parliament on the socio-economic concerns that hound the Kashmiri Pundits. )

    The Abandoned Cranes was a subject which I would say I had lived with for many years before making it. It was a 52 minute comprehensive documentary film based on Jammu and Kashmir conflict. It was an earnest attempt to sneak into the genesis of political problems in the state of Jammu and Kashmir after the rigged elections that happened in the state in 1986. I also traced reasons on how militancy mushroomed in the state thereafter making Kashmiri Pandits leaving their homeland and also analysing Armed Forces Special Powers Act and Public Safety Act. It took me eight months to complete it and interesting fact remains that I did not inform my parents about the making of film and shooting in Kashmir along-with likes of Yaseen Malik and Bitta Karate (dreadful militants of those times) and other surrendered militants. The film was appreciated at various human rights film festivals and I got an opportunity to speak at House of Commons. I came across various challenges as I had literally risked my final year of law in terms of grades and thereafter my career. From shooting till editing I was a learner myself as I did not come from film-making school but I was so deeply entrenched into it that I could not think of anything else at that time. My parents were apprehensive that this would spoil my career as I was not making it with any commercial interest and had abandoned my regular studies for a while. Finishing documentary itself was an accomplishment and I am really glad that it was appreciated by people all around.

     

    WHAT ARE THE CAUSES YOU FEEL STRONGLY ABOUT?

    I am extremely sensitive towards the plight of people who cannot afford basic medical facilities and health care. The State plays an important role in providing free medical services through health insurance cards but under the guise of schemes like Rashtriya Swasthya Bima Yojana and Mukhyamantri Swasthya Bima Yojana of States, people have been cheated and most of the premium released by government is siphoned off by the private hospitals and Bureaucrats. The lackadaisical attitude of Bureaucrats in resolving the issue and being insensitive towards them is something I am willing to take up soon in Court of Law.

    I am also extremely sensitive towards what is happening today in State of Jammu and Kashmir. The youth in Kashmir today feels oppressed, marginalised and victimised and rants anti-India slogans. Due to poverty and various other reasons, youth there feels completely disconnected with rest of India. On a personal level, I have taken an initiative where I have hired a law graduate Suhail Ghanie from Kashmir University as my sub-ordinate and in coming years will be giving internships to Kashmiri youth. If my practice picks up more in coming years then I will be doing the same experiment in naxal affected areas and other troubled areas. The time has come where new generation in conflict areas have to be psychologically integrated with our country. If they get exposure to justice mechanism and get aligned to the mainstream which other youngsters do then only they will be able to subscribe to the idea of unified India.

     

    YOU HAVE DONE SO MANY INTERNSHIPS. PLEASE TELL US HOW FAR DID YOUR INTERNSHIPS DURING LAW SCHOOL HELP YOU IN YOUR CAREER AFTER YOUR GRADUATION? HOW WOULD YOU RECOMMEND THE PRESENT LAW STUDENTS PLAN THEIR INTERNSHIPS?

    (Siddharth has interned at the Chambers of Mr. Harish Salve, Senior Advocate, Luthra and Luthra (Law Offices), J. Sagar Associates, AZB & Partners, Anand and Anand, Crawford & Bayley Co and various other places.)

    Numerous internships actually helped me to analyse myself. It helped me to understand my mettle as a lawyer. What I am suited for and what I am not suited for? Like for an example during my stint in J Sagar and AZB, I realised I can’t become a good transaction lawyer. Those internships and small conversations with accomplished legal luminaries helped me to unleash my own calibre and understand that everyone here is gifted with some ability or the other. Like I remember this encouraging conversation coming from a Senior Partner of a reputed law firm, where he said these words “Every law firm intern wants to take up a corporate job and gets disappointed thinking he does not deserve it. We hire people not only considering the merits but also deeply pondering on the entire thought process of the candidate as to whether he or she will able to acclimatise to the working environment of the firm. We tend to not imbibe free thinkers in the firm. That does not mean we don’t like the candidate or we feel they are good for nothing. Someone who has it in him or her will definitely find the path and next five to seven years decide whether you have it in you or not.”

    Also your internships dismantle various myths and pre-conceived notions legal career and teach basic jobs like filing, co-ordinating with court-clerk, adapting to the chaotic phases in the litigation. In the process, you learn to value everyone working around you. What it teaches you the most is discipline and if you get the right mentor then there is no stopping for you.

    I would suggest law students to try their hands in various fields in initial years so as to understand and grasp the nitty-gritty of various things and analyse your potential. It will help discovering themselves.

     

    HAVE YOU EVER FELT THE NLU AND NON- NLU DIVIDE? DO YOU THINK IT IS A CONSIDERATION FOR EMPLOYERS?

    It is quite unfortunate that it exists in the fraternity and it is a harsh reality. I am an ardent supporter of non-NLUs as during my own college days, I was a victim of this class divide. Like I remember interning in a premier law firm, the Partner of the firm always use to encourage and delegate work to associates from a specific university where he had passed out from. I am not saying this exists everywhere but employers do prefer N schools and there is a clear bourgeoisie-proletariat kind of divide and they are ruling the roost in firm recruitment. N-school graduates do have an advantage in terms of placement and recruitment but ultimately it is non N-school candidates who emerge more successful in the long run as the vision of N-school alumni do not go beyond campuses and big corporate towers.

     

    HOW DID YOU SECURE YOUR FIRST JOB? HOW IMPORTANT DO YOU THINK A HIGH CGPA IS FOR RECRUITERS?

    All thanks and regards to Mr.Haresh Jagtiani who had given me a chance in his law firm.

    Recruiters and HR in our country feel CGPA is the most sacrosanct thing in a student’s life, securing important CGPA is very important as it shows how diligent and focused a student is.

     

    WHY DID YOU MAKE A TRANSITION AFTER WORKING AT CORPORATE FIRMS TO PURSUE A CAREER IN LITIGATION?

    I would say circumstances got me into private practice as neither I come from an established legal background nor I am a local Delhi boy or Bombay boy. My fate offered me the opportunity and I could not succumb to the temptation. Litigation and arguing in court gives me more thrill than sitting and working for hours on a long draft and activist bent of mind helps you in litigation more than corporate.

     

    WHAT WERE THE STRUGGLES THAT YOU FACED AS AN INDEPENDENT COUNSEL?

    I am facing struggles on a daily basis as most clients do not tend to take you seriously when you are in your twenties. You get to do matters which have small stakes and the appeals which you receive from lower courts and commissions and has already been decided against your clients. These matters are called ventilator matters and they make you an expert at condoling people. But honestly, no fat cheque can match the happiness which you get after a favourable order in the court of law.

     

    WHAT INCLINED YOU TOWARDS PROPOSING, DRAFTING, FRAMING AND SUGGESTING ON VARIOUS PUBLIC POLICY RELATED WORKS FOR THINK TANKS AFFILIATED TO GOVERNMENT OF INDIA?

    (Siddharth has worked on various policy related work pertaining to Life Insurance and General Insurance and regularly gives legal inputs to the Department of Financial Services, Finance Ministry and Health Ministry on National Health Protection Policy.)

    What really made me inclined towards public policy was an unfavourable order I got from Chief Justice K.M. Joseph of Uttarakhand High Court. This was a PIL filed in September, 2016 where I had brought irregularities to the notice of the Court about how tender processes are rigged in the health sector and beneficiaries of healthcare schemes are not getting benefitted at all due to poor claim settlement ratio thanks to private hospitals. Uttarakahand at that time did not have any tertiary level treatment hospital which could cater heart transplant and cure for serious diseases. I realised it was the time to take a plunge to counter the nexus between bureaucrats, politicians and businessman who will destroy the healthcare system of the country. Healthcare being dormant yet important sector is the pillar of modern India. If the system fails to provide it to the needy then what is the difference between India and a remote third world country in Africa.

     

    WHERE DO YOU SEE YOURSELF TEN YEARS FROM NOW?

    Honestly speaking I am not that foresighted, I intend to do in what comes to me and rise gradually. I would like to be known as an upcoming lawyer in constitutional courts seeing myself arguing on various constitutional matters.

     

    WHAT WOULD BE YOUR PARTING WORDS TO OUR READERS, WHO ARE PREDOMINANTLY LAW STUDENTS AND YOUNG LAWYERS?

    Have faith in yourself and keep going. There will be moments of highs and lows in your professional career. Stop comparing yourself with your contemporaries or taking a keen interest in their monthly earning and packages and keep experimenting.

     

     

  • Tapasya Parihar, AIR 23, UPSC, shares her experience and advice on cracking the Civil Services Exam

    Tapasya Parihar, AIR 23, UPSC, shares her experience and advice on cracking the Civil Services Exam

    Tapasya Parihar is a graduate of ILS Law College, Pune in the Batch of 2015. After graduating from one of the most premier law schools in the country, she decided to pursue a career in Civil Services. She shares her valuable insights with our readers on her experience with the UPSC  along with advice on how to crack the toughest exam in the world.

    In this interview, we talk to her about:

    • Her reasons for choosing law
    • Advantages of having law background in CSE
    • Her advice for our readers on cracking the CSE.

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    I hail from a small village in Madhya Pradesh. My father is a farmer and my mother is the Sarpanch of the village. I did my schooling from Kendriya Vidyalaya Narsingpur. Thereafter, I did my graduation in Law from ILS Law College, Pune.

     

    PLEASE TELL US ABOUT YOUR PRE-COLLEGE LIFE. DID YOU ALWAYS PLAN ON PURSUING CIVIL SERVICES?

    I decided to pursue civil services after I got my 12th board exam results. I had got a good rank in the merit list and that is when I decided that I would prepare for UPSC CSE.

     

    HOW DID YOU DECIDE TO PURSUE LAW?

    My stream was science in twelfth std., but I didn’t want to go for engineering. Moreover, one needs to be a graduate to appear for the CSE. Therefore, I chose law keeping in mind my long-term goal of joining civil service, as I believed the study of law would facilitate better administration.

     

    WOULD YOU SAY YOUR BACKGROUND IN LAW HELPED YOU IN PREPARING FOR CIVIL SERVICES?

    Yes, it definitely did. Basically, there is an overlap between the law syllabus and the GS subjects. Also, understanding of law helped me understand the newspaper articles better, especially the polity related issues and international affairs. Moreover, a study in law develops a different attitude, which makes a person more aware of the Constitution, rights and duties of the people and various other social issues, which come in handy during the preparation for civil services.

     

    WHEN DID YOU START PREPARING FOR CIVIL SERVICES?

    I started preparing immediately after finishing law school, i.e., in 2015.

     

    HOW DID YOU START PREPARING FOR THE CIVIL SERVICES EXAM? DO YOU THINK COACHING IS A PREREQUISITE TO CRACK THIS EXAM?

    I came to Delhi to prepare for the exam and I joined a coaching class therefor. However, I would not say that coaching is a prerequisite to clear this exam. It actually depends on the person and his/her level of understanding of the basic subjects. And after having a bad experience with the coaching class, I would suggest the aspirant to go for self-study, as the reading material required to study for this exam includes NCERT books and graduation level reference books, which need not be taught in any class.

     

    WHAT WAS THE ROUTINE YOU FOLLOWED EVERYDAY THROUGHOUT THE COURSE OF YOUR PREPARATION?

    My everyday plan was part of a bigger plan wherein I had divided the syllabus into different subjects, which were to be completed in a certain number of days. Then, every day I would make a to-do list of all the topics to be covered from that particular subject on that day. Also, to study effectively, I had divided my day into different sessions of 45 minutes each with a break of eight minutes. This I did with the help of an application that has the Pomodoro Clock (I used the Goodtime app, but many more apps like this are available on Google Play Store).

     

    WHAT WAS YOUR STUDY PATTERN, THE MODE OF STUDY (ONLINE, OFFLINE ETC.,) PLEASE MENTION SOME OF THE BOOKS YOU REFERRED TO AND HOW DID YOU GO ABOUT PREPARING FOR EACH STAGE OF THE EXAM?

    My study pattern was a mix of both. Some topics I did from the NCERT books and the reference books, the remaining I did from various online sources which include online portals like www.insightsonindia.com, www.iasbaba.com and www.mrunal.org

    Some of the books I referred are as follows:

    • Polity- NCERT (std XI and XII), Laxmikanth and books by Shubhra Ranjan on model questions and answers
    • Geography- NCERT (std XI and XII), GC Leong and Atlas for maps
    • Modern Indian History – NCERT by Bipan Chandra and Spectrum publication’s book
    • Ancient and medieval history- book by NIOS and Tamil Nadu State board book
    • Art and Culture- Nitin Singhania
    • Environment and ecology- Shankar IAS
    • Economy- Vision IAS notes and Ramesh Singh
    • Science and technology- book by Vajiram and Ravi
    • Current affairs- newspaper, monthly current affairs booklets by Vajiram and by Vision and PT365 by vision and revision modules by insightsonindia
    • Security issues – vision notes
    • Social issues- Internet
    • International affairs- monthly current affairs booklets
    • World history – vision IAS notes

    Now, the exam has three stages, which need different approaches.

    • The preliminary examination is objective in nature, thus the focus has to be on conceptual clarity and question-solving aptitude. I suggest one must solve two to three test series and revise the test solutions and take the same tests again.
    • Mains need an analytical approach and the ability to interconnect the various aspects of the topic. Here, answer-writing practice is very important, as that is the only way to fetch more marks and secure a good rank. For this, one again needs to join 1- 2 test series. I also suggest writing daily answers, for which the questions are available on insights and iasbaba and various other websites. I suggest the answers to be written in the pattern wherein it contains the introduction, body and conclusion.
    • For the interview, one needs to know oneself well, keeping in mind the DAF and practice speaking the answers in a coherent and logical manner.

     

    WHAT DID YOU DO TO KEEP YOURSELF MOTIVATED ALL THE TIME DURING THE COURSE OF PREPARATION?

    Motivation is a very important part of this exam, as the time period of this exam itself is long which makes the whole process tiring. I used to motivate myself by writing a diary, talking to my parents, by thinking about my goal and how important it was to keep going, by thinking about my journey and last but not the least, the idea that I didn’t want to regret not giving my best to this exam.

    However, I generally enjoyed the whole process as I was getting to learn so much and I guess due to this, I did not have too many low points in the preparation.

     

    WHAT IS YOUR EXPERIENCE WITH THE PREPARATION THAT IS REQUIRED FOR THE CIVIL SERVICES?

    I believe the preparation that is required to clear this exam needs to be according to the syllabus and one needs to have the conceptual clarity and ability to analyze issues from different perspectives. Preparation requires hard work with complete dedication and honesty.

     

    COULD YOU PLEASE GIVE SOME TIPS TO THOSE ASPIRANTS WHO ARE PREPARING FOR THIS EXAM? HOW SHOULD THEY GO ABOUT PREPARING DIFFERENT SUBJECTS LIKE GENERAL AWARENESS, OPTIONAL PAPER OF LAW?

    The first step is to go through the syllabus and the previous years’ question papers. Then, I would suggest that one should watch a few videos of toppers about their strategy and book sources and then make a customised plan keeping in mind her strengths and weaknesses. For every stage of the exam, revision and test series are the most important factors that need to be given equal weight in the plan. Thereafter, the plan needs to be executed properly.

    For general awareness, newspaper reading is a must. I suggest reading the Hindu and the Indian Express daily.

    For the optional paper, I recommend making notes on all the subjects in the syllabus from the books the law graduate refers to in the college. Along with that, notes on legal current affairs also need to be prepared as the questions are generally related to current affairs.

     

     

    WHAT DID YOU DO TO KEEP YOURSELF ABREAST OF ALL DOMESTIC AND INTERNATIONAL CURRENT AFFAIRS? HOW DID YOU STUDY FOR STATIC GENERAL KNOWLEDGE?

    The NCERT books cover the basic static general knowledge. Some parts of the syllabus can be covered by making use of the vast variety of material available online. I followed the websites like www.insightsonindia.com and www.iasbaba.com, which have been very helpful in the entire duration of my preparation. They have various free of cost initiatives to cover the current affairs, which complement the newspaper reading.

     

    PLEASE TELL US ABOUT YOUR INTERVIEW? HOW SHOULD A LAW STUDENT APPROACH THE INTERVIEW FOR THE CIVIL SERVICES EXAM?

    There are three important things to be done to prepare for the interview.

    • Thorough preparation of DAF related questions
    • Revision of basic mains syllabus, current affairs and the graduation subject
    • Mock interviews

    Interview preparation must be focused on the way one structures her answer and presents the same.

     

    WHAT WOULD BE YOU MESSAGE TO THE LAW STUDENTS WHO WANT TO PURSUE THEIR CAREER IN THE FIELD OF CIVIL SERVICES?

    Be thorough with your optional subject, prepare notes keeping in mind the previous years’ papers and revise accordingly. Work hard with complete honesty and the exam becomes easier to clear. All the best!

     

     

  • Jonathan Rodrigues, Co-Founder, PACT, on challenges of a start up, online mediation, and a career in ADR

    Jonathan Rodrigues, Co-Founder, PACT, on challenges of a start up, online mediation, and a career in ADR

    Jonathan Rodrigues graduated from VM Salgaoncar College of Law in 2016. He is the co-founder of the Peacekeeping and Conflict Resolution Team (PACT) which is focussed on training users of dispute resolution in Negotiation, Mediation and Conciliation skills.

    In this interview we talk to him about:

    • Career in ADR
    • Challenges faced in starting PACT
    • Online Mediation in India
    • Mediation as means of dispute resolution

     

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

     

    Not all Super Lawyers wear a cape!

    Some choose to take off their courts and suits,

    Facilitating dialogue and resolution.

     An ‘Ideator’ by heart, a nurtured writer, a wanderer by my restless nature, I am, today, a Mediator, by profession. I know I sound ridiculously ambitious, I know the profession is associated with obscurity, but it is my mission in life to create the scope for consensual dispute resolution, that someday, kids may not sound foolish and insane when they say, “When I grow up, I want to be a mediator”.

     

    WHAT MOTIVATED YOU TO PURSUE LAW AFTER PURSUING B.A. IN PSYCHOLOGY?

    After graduating in Psychology, I went on to pursue criminology and forensic science as a post-graduation interest. I hopped two different universities but failed to find scope in the subject I was attracted to. I discontinued my studies and headed back home to pursue my passion for writing as a journalist. While working with the Times of India, I thought I should give legal studies a chance – this was a consequence of many people telling me I need to find a forum for my argumentative nature. Being a lawyer happened as a result of boredom and experimentation, but I’m glad I took the step. I found my true passion in the midst of all those confusing case laws and endless bare acts. I have always wanted to work to bring people together, work with differences and complications, and I found I could do that in mediation.

     

    PLEASE TELL US ABOUT YOUR TIME AT VM SALGAOCAR COLLEGE OF LAW?

    My time in law college was a period of a major identity crisis. I am shamelessly proud to have cleared every exam, having worked the night shift as a journalist all through my law college days. I never wished to go to court so I kept asking myself why am I even pursuing my studies in this field? I didn’t like the courtroom jargon, formalities and the ridiculous amount of procedures that are needed to find “justice”. Litigation didn’t attract me then, and that hasn’t changed to date. I couldn’t fathom the idea of the adversarial system, where is no scope to bridge the communication gap or repair relationships. This disturbed me – no matter how much a lawyer prepares and argues a case, the verdict lies in the hands of a judge, and the disputing parties have no say in the outcome.

    Of course, not every case can be referred and resolved through mediation. Similarly, not every case needs to be referred and judged in court.

    Being respectful of the over 1 million advocates and judges who are part of the profession, I believe that “justice” is temporary and not guaranteed, whereas “peace” is permanent and secured. Justice is subjective, whereas peace is objective. I chose peace over justice, and that’s where I am right now. I discovered mediation in my final year of law studies and I am grateful to my principal, who supported me to explore mediation.

    Having successfully competed as a mediator and negotiator at the CDRC Vienna 2015 and ICC Paris 2016, respectively, I co-created Lex Infinitum at V M Salgaocar College of Law – which was a huge turning point with regards to my career choice. For me, Lex Infinitum wasn’t a one-time assignment for my CV, I took it rather personally. This effort had a wider picture – it was the beginning of an endeavour to make mediation a stable profession, not a closeted charitable exercise, run on the lines of arbitration, literally and figuratively. Until I discovered mediation, I read the bare acts for the sake of marks. For instance, I remember studying for my final semester IPR paper. Glancing through my notes, it dawned on me that mediation has tremendous scope in this field. Mediation gave me direction as a law student.

     

    PLEASE TELL US IN DETAIL WHAT IS PACT FOCUSSED ON? WHAT MOTIVATED YOU TO START THIS?

    The Peacekeeping and Conflict Resolution Team (The PACT) is a collective of trained and certified dispute resolution practitioners who are committed to nurturing this millennial generation with tact and skills in dealing with conflicting situations. The PACT was initially conceptualized by Gracious Timothy and I, in June 2016. As passionate ADR/CDR enthusiasts, who had explored dispute resolution as law students, we were itching to create a platform for dispute resolution to take root in this country. Honestly, we didn’t know what we wanted to achieve then, or how we were going to achieve our goals; but, we knew that as long as we were dreaming and waking up every morning with a zeal to chase those dreams, we would get there.

    Nisshant Laroia is now an integral part of The PACT and as a core team of three, we work closely with national and international ADR and CDR professionals to create awareness and train users and lawyers in the field of dispute resolution. Over the last 18-20 months, The PACT has so far reached out to over 3,000 students, across two dozen law and business schools, spread over 13 states, hosting Negotiation and Mediation Boot Camps. Be it the University of Kashmir in Srinagar, or NALSAR in Hyderabad, GNLU Ahmedabad or NLU Jodhpur, ILS Pune or GLC Mumbai, the response and feedback has been positively overwhelming, encouraging us to go beyond just coaching and mentoring, and set up ADR/CDR cells and clubs in some of these institutions we have reached out to. Besides being majorly involved in Lex Infinitum during its initial years, we have already co-created a new competition (‘Intercessionis’, at ILS Pune), that exclusively deals with community conflict mediation. More such events are in the pipeline for the new academic year.

    We are in the process of creating a unique event in Jammu and Kashmir, in association with University of Kashmir’s law department. The youth of Kashmir are eager and excited to be working with us on this initiative, which will premier in October/November 2018. Similarly, The PACT is brainstorming on something special for the North-eastern states of India for early 2019.

    PACT has also conceptualized the Global Academy for Advocacy in Dispute Resolution, which premiers in Goa from June 11-16, 2018. It is an initiative to endorse skilled mediation and arbitration lawyers, with separate coursework and trainers for both, mediation and arbitration. For more details on the curriculum, trainers, accreditation, venue, fees, etc.

    Please check click on the link below: (https://www.facebook.com/pg/thepactindia/photos/?tab=album&album_id=812635982261471)

    The PACT is focused on building these platforms that empower every woman and man to proudly call themselves followers and users of consensual forms of dispute resolution. Be it conferences, competitions, literature projects, mass media assignments, we are looking to reach out to every potential user across the globe and connect with like-minded individuals who can help us create spaces of dialogue in their regions.

    The PACT was conceptualized by the peaceful beaches in Goa, grew up in colourful parts of India and is now ready to take to the world.

     

    WHAT WERE THE CHALLENGES YOU FACED INITIALLY ON STARTING PACT AND WHAT IS YET TO BE ACHIEVED?

     I believe our toughest challenge to date has been to find the right mentors and guidance. We have been fortunate to have met many polished and experienced professionals in the field, who have generously shared their time and friendship. We owe them our deepest gratitude for helping us grow and develop as individuals and as a team. They stay connected with us as “Friends of PACT”.

    However, not every follower is a fan, right? We have encountered many senior persons from the legal fraternity scorn and mock our ideas and dreams, but this has only made us stronger and determined. We have heard people say to us, “Burst the bubble, mediation is never going to work in India” or “Stop fooling yourself, this can never be a profession”. For every pessimist, we have met 100 optimists and we choose to work with these positive vibes.

    Yes, we have made mistakes and we have fallen short on many occasions. We don’t regret it because we have taken the approach of “burning our fingers while we learn”. Every time we discover a new limitation, a failing, we accept it and work towards fixing it, immediately. Personally, this has been my favourite part of the journey.

     

    DO YOU THINK THAT MEDIATION AS A MEANS OF DISPUTE RESOLUTION CAN BE SUCCESSFUL IN INDIA CONSIDERING MOST CASES FINALLY END UP IN COURTS?

    Yes, it can be successful, and it will be, soon. We need to ring in a few changes…

    Firstly, REBRAND ‘Mediation’ or for that matter, ‘Conciliation’ as a unique and different tool to dispute resolution. Stop, I repeat, stop clubbing it with arbitration or coin terms such as “other forms of ADR”. The iPhone grew as a brand, because it had its own identity, and it wasn’t marketed as “another phone in the store”. Arbitration is different, mediation is different. Both are unique and need to be treated differently. I am asking for (and we at PACT believe in this) a change in branding terminology, separate events and conferences, specific course/module/ curriculum for law students, the introduction of the concept in other study areas – arts, commerce, science, technology, sports, business, etc. Mediation cannot be looked to as a charitable option to “settle” and “compromise”. It has to be a commercially viable tool that encourages collaboration while maintaining a fine balance between interests and emotions.

    Secondly, LEGAL remedies with regards to a private Mediation settlement agreement need a revamp. The biggest fear that users have is “what happens if the other party dishonours the agreement?” The anxiety of running back to court to enforce “breach of contract” is more frustrating than going to court in the first place. Let’s keep it simple – A private mediation settlement agreement must have the same value as a conciliation settlement agreement – which is an award, treated as a decree of the court. Thus, someone who has been backbitten out of settlement agreement arising out of a private mediation has to simply seek enforcement of the “Mediation Settlement Award”.

    Before, I thought that the above could be achieved with a minor amendment to the Arbitration and Conciliation Act, but I am increasing of the belief that conciliation needs to be extracted from the Arbitration and Conciliation Act, and redrafted as a separate legislation, which also involves Mediation.

    Thirdly, INFRASTRUCTURE annexed to court premises is not something I subscribe to. State governments in India must invest in specially designed premises to create a separate setting for mediation. It may continue to remain court-referred mediation, but it must be away from the clutter and buzzing of the courtroom premises. A perfect example of this is the mediation centres started by Delhi Dispute Resolution Society. This will encourage full-time mediators and not professionals who dedicate their “after hours” time to the profession.

     

     WHAT WOULD BE YOUR ADVICE TO LAW STUDENTS LOOKING FOR A CAREER IN ADR?

    To those exploring a career in Mediation, I suggest getting yourself trained to be a skilled negotiator or mediator, or a skilled mediation advocate.

    Keep reading – There is a lot of literature online or you can check the Facebook group: PACT FAM – (https://www.facebook.com/groups/153574115135548/). This forum is managed by our student CDR ambassadors, Sandeep Bhalothia (JGLS) and Pallavi Gauri (NALSAR)

    Keep writing – If you want to write a simple article about mediation or dispute resolution, you may do so and send it to thepactindia@gmail.com. We will find you a platform and readers.

    Participate in competitions and conferences taking place in India and abroad. PACT is coming up with at least 3 new competitions in 2018-19, watch out for these announcements on the PACT page (https://www.facebook.com/thepactindia/)

     

    WHAT IS THE SKILL SET REQUIRED TO SUCCESSFULLY MEDIATE A DISPUTE?

    • Patience! – It’s not a skill as such, but it is the key that puts to test all your skills.
    • You need to have listening ear – go beyond being an active listener and be an empathic listener.
    • Don’t be afraid to compliment what you like, apologize when wrong, acknowledge what seems interesting, accept differences, competitively disagree, creatively brainstorm for mutually-satisfying solutions.

     

    WHAT IS YOUR ROLE AS MEDIATION CONSULTANT AT PRESOLV360?

    As an empanelled consultant, I assist Presolv360 – India’s first dispute management platform – in connecting with professionals and organisations in the field of dispute resolution and provide support for implementing established mediation practices.

     

    DO YOU THINK ONLINE MEDIATION CAN BE SUCCESSFULLY IMPLEMENTED IN INDIA?

    I was extremely sceptical of online dispute resolution and I still have my doubts, but this is the tech generation, so why not! This generation demands quick, accessible and tech-ridden supply of solutions to all its needs – be it food, clothing, gadgets, travel, etc. A little delay in delivery of any of these basics needs and you will have the youth shamming the service provider on every possible public forum on the internet. How, then, this generation remains indifferent and accommodating of the time-consuming court system?

    Cost effective, time efficient, comfortably casual, confidential settings, a process devoid of endless documentation, voluntary appointments, neutral facilitators and consensual settlements – it can’t get better for those who live digital lives.

     

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

     I’m just an ordinary Goan boy who dared to dream beyond the familiar shores of comfort and challenged himself to explore a strange and currently non-existent career.

    Don’t be afraid to look at a career in law from a fresh perspective. If you like law as a subject and you have always wanted to be a lawyer helping people resolve disputes, and you don’t like the idea of arguing in court, there is no need to worry – you now have Mediation.

    Not all Super Lawyers wear a cape; some choose to take off their courts and suits, facilitating dialogue and resolution. As a lawyer, it has always been about your client’s interests; help them discover their true interests. You don’t have to be an adversarial lawyer; you can be a collaborative one. Don’t be afraid to be different. At the end of the day, advocate for your client’s interests, not yours!

     

  • Thomas P. Valenti, Chicago based Attorney, shares his experience on a career in ADR

    Thomas P. Valenti, Chicago based Attorney, shares his experience on a career in ADR

    Tom Valenti is a Chicago based conflict resolution specialist offering mediation, arbitration, and facilitation services and training, globally.

    A certified mediator, Tom has conducted numerous mediations involving civil, commercial, interpersonal and workplace matters.  He has mediated and trained extensively, both nationally and internationally, in jurisdictions all over the world.

    Tom is a member of several Bar Associations, including the American, Chicago, Illinois and Indian Bar, and is a co-founder and former Board Member of Mediation Beyond Borders.

    A member of the Chartered Institute of Arbitrators, Tom Valenti is also an Arbitrator on the Public Panel at FINRA and is an approved Arbitrator and Mediator for several governmental and regulatory bodies, including the Circuit Court of Cook County, The National Arbitration Forum and is on the Advisory Board for The Association of Mediation Assessors, Trainers and Instructors.

    Extensively trained himself in all aspects of dispute resolution, Tom’s accreditations include Conflict Transformation Skills Training, focusing on Systems Dynamics, ABA International Family Mediation Training including Hague Convention Child Abduction cases, Circuit Cook County Annexed Arbitration and Mediation Training Programs. Tom also holds a Mediation Certification at The Institute for Conflict Management and is a Board Member and Trainer at The International Academy of Dispute Resolution.

    In this interview we talk to him about:

    • Skills of a good mediator
    • Lacunae in the Indian ADR system
    •  Making a career in ADR
    • Online arbitration in India

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    I am an attorney, mediator, arbitrator, facilitator and trainer. I have been extensively trained in all aspects of Dispute Resolution. I am a former Board Member of Mediators Beyond Borders International (MBBI]. I have an interest in understanding the issues raised with cross-cultural disputes. I gave the Keynote Address on Interfa`ith and Multicultural Dialogue at the Dispute Resolution conference at the Ismaili Center, London, in May 2016. I organise and facilitate dialogues on multicultural issues. I believe that across time and cultures stories connect and can change people, and in that spirit, hosts Tenx9Chicago, a storytelling platform where true experiences are shared. My interests are enhanced by his work with The International Academy of Dispute Resolution (INADR), which is a charitable organisation set up to further the interest of mediation amongst law students globally. I have  judged and trained at numerous International legal, negotiation, arbitration, and mediation competitions. I have travelled to the UK, Dubai, India and Europe to train and teach courses in Negotiation, Mediation and Arbitration. I have been trained in Peer Mediation and have trained peer mediators. I have also acted as a consultant to “Online Peer Mediation Program” a platform for practising their peer mediation skills by participating in online peer mediation simulations with other students and their trainer

    I am also an organiser of the Global Youth Development Initiative, a mentoring program for international students.

    WHAT FACTORS LED YOU TO PURSUE A CAREER IN ADR?

    As a trial lawyer in Chicago, I always tried to maintain solid relationships with my adversaries. I was asked by my adversaries in the legal community in Chicago to mediate cases that they were working on. I found that I enjoyed the experience. After some time, I decided to get formally trained as a mediator. Eventually, I fully gave up litigating and now focus only on providing services as a neutral.

    WHAT IS THE SKILL SET TO BECOME A SUCCESSFUL MEDIATOR?

    Aside from the technical skills that we teach in mediation training, the most beneficial skill is to be a good listener, followed by having patience, being trustworthy and tactful.

    HOW IS MEDIATING A DISPUTE DIFFERENT FROM ARBITRATING A DISPUTE?

    In mediation, unless hired as an evaluative mediator, we do not recommend a solution or offer specific solutions. On the contrary, in arbitration that is the specific assignment undertaken.

     

    YOU ARE A MEMBER OF VARIOUS ARBITRATION AND MEDIATION ASSOCIATIONS ALL OVER THE GLOBE. HOW CAN ONE ACCOMPLISH THAT?

    Many of the associations are just fee-based memberships. However, to be on a “panel” or “board” you must demonstrate an expertise and skill level as well as some specific experience.

    YOU HAVE CONDUCTED ARBITRATIONS ALL AROUND THE WORLD. WHAT LACUNAE DO YOU FEEL IN ARBITRATIONS CONDUCTED IN INDIA? HOW CAN THE INDIAN SYSTEM IMPROVE?

    It is pretty well accepted that the Indian arbitration system needs to have some changes that result in expeditious hearings, prompt awards and a cost-efficient, fair process employed by the arbitrator. These are all teachable processes. It will come down to additional training, arbitral institutions, that create appropriate rules, arbitrators who will follow the rules and advocates and parties insisting on the fair application of all of this.

     

    IF I WANT TO BE A GREAT ARBITRATOR WHICH UNIVERSITY SHOULD I GO TO? WHICH COURSES WOULD YOU RECOMMEND?

    I am not sure any institution can create a great arbitrator. You need a sound legal background in commercial law, experience in arbitrating matters, and a fair temperament. Indian students have always been attracted to the Queen Mary & King’s in London, MIDS in Geneva is well respected, and any of the Ivy League law schools in the USA.

     

    CAN ONLINE ARBITRATION BE IMPLEMENTED TO A GOOD EXTENT IN INDIA? HOW?

    I am a fan of technology and believe that this offers the best opening for younger lawyers to take a foothold in a speciality. I do not think for long hearings that the entire process can be online, but there are many opportunities to use online tools for taking testimony, holding shorter pre- hearing matters and conferences.

    WHO ARE THE STALWARTS IN ARBITRATION THAT YOU FOLLOW?

    There are many excellent arbitrators. If forced to choose, and in the interest of gender equality I would suggest people track Gary Born and Jean Kalicki.

    HOW IMPORTANT IS LLM IF ONE WISHES TO PURSUE A CAREER IN ADR?

    In the USA, not at all because of our legal education system. In other countries where there is an abbreviated educational path to practicing law, comparatively, I think it has greater value.

     

    HOW CAN ANY STUDENT LOOKING TO PURSUE A CAREER IN ADR GET IN TOUCH WITH YOU AND ENROLL IN YOUR TRAINING CLASSES?

    I am very available, through the common social media channels, and can be reached by email at tpv@valentilaw.com

     

    HOW DO YOU KEEP YOURSELF UPDATED WITH THE LATEST ADR ISSUES, NEWS AND CASES?

    I am forever, on a daily basis, reading the latest news, case reports and journals. Also, I regularly attend legal seminars both in person and online. There is an endless supply of material for all of us to use to keep our skills intact and in pace with a rapidly growing part of the law.

     

    WHAT MESSAGE WOULD YOU LIKE TO SHARE WITH YOUNG LAWYERS AND LAW STUDENTS LOOKING FOR A CAREER IN ADR?

    I think you are on the proper path in pursuing studies in ADR. There is no doubt that these skills will benefit you in every area of law and in life as well. So take advantage of every opportunity to participate in moots and other competitions. Join ADR cells and encourage others to spread the awareness of ADR tools, not only in the legal profession but also in your communities. In a world that has made the cost of a dispute in terms of time and money unreachable to many, we as a legal community owe it to society to make justice more accessible, and ADR is one of the best ways to increase access to justice.

     

     

     

  • Arnavi Panda, Legal Advisor, Global Marketing Systems, on LLM from NUS, preparing for moots and working in shipping industry

    Arnavi Panda, Legal Advisor, Global Marketing Systems, on LLM from NUS, preparing for moots and working in shipping industry

    Arnavi Panda is a graduate from ILS Law College, batch of 2015. She then went on to pursue her Master’s degree in Maritime Law from the National University of Singapore. She has participated extensively in various national and international moots including  Philip C. Jessup International Law Moot and William C. Vis International Arbitration Moot. She is presently a Legal Advisor in Global Marketing Systems, DMCC, Dubai.

    In this interview she talks about:

    • LL.M from NUS
    • Scope of maritime law in India
    • Difference between universities in India and abroad

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? PLEASE TELL US SOMETHING ABOUT YOUR PRE-COLLEGE LIFE?

    I’d introduce myself as a young lawyer, passionate about the shipping industry and the associated legal practice with a keen interest in arbitration and alternate dispute resolution on weekdays and an amateur Latin American dancer always keen to network over the weekends!

    Prior to college in Pune, I was fortunate to complete my high school life partly in Bombay and partly in Calcutta. The difference in lifestyle in both the cities was my first step to learning to embrace and appreciate diversity. I was always an energetic child, very keen to learn, very curious, a sports aficionado and always came home with scrapped knees or soiled clothes.

     

    PLEASE TELL YOU SOMETHING ABOUT YOUR COLLEGE LIFE? HOW INSTRUMENTAL HAS YOUR COLLEGE BEEN SHAPING YOUR CAREER?

    I spent five very crucial formative years in ILS Law College, a college I had always heard about being one of the oldest and prestigious colleges in the country for legal studies. It was an honor to have been accepted in face of the stiff competition and competitive cut-off marks.

    ILS as an institution gives its students great autonomy and flexibility to make their own decisions on the course of their career. With five hours of classes a day, I made the most of my leisure time by writing research papers, working on moot court competitions, assisting professors, organising intra-college events and interning at law firms to acquire practical experience. Not only did this serve as great career building exercise but also a character building exercise which taught me to take responsibility for projects I undertook, honed my advocacy and leadership skills and made me realise the importance of being a team player.

     

    YOU HAVE REPRESENTED YOUR COLLEGE AT PRESTIGIOUS MOOT COURT COMPETITIONS INCLUDING PHILIP C. JESSUP INTERNATIONAL LAW MOOT AND WILLIEM C. VIS INTERNATIONAL ARBITRATION MOOT. HOW DO YOU RECOMMEND ONE SHOULD PREPARE FOR THEM? DO YOU THINK MOOTING IS SIGNIFICANT FOR LAW STUDENTS?

    I have always believed the legal profession to primarily be an interactive profession with regular contact with various parties. Mooting not only hones one’s advocacy skills but also facilitates overcoming stage fear, builds self-confidence and develops public speaking and interpersonal skills.

    Preparing for Philip C Jessup and Willem C. Vis played a major role in my development as a professional for a variety of reasons. My team and I dedicated about six to eight months preparing for these events which required long hours, late nights, developing legal research skills and most importantly knowing how to communicate and work as a team which is an indispensable quality at the work place. I would advise aspirants of these events to firstly pick the right team members who are of a similar professional temperament and are willing to dedicate the same amount of time and effort to these events as they quite literally become your closest friends during this time. It is important to work smart along with working hard which would include seeking guidance from previous participants on what to expect and how to research, the materials to be referred to and how to structure the arguments and lastly prepare with several mock trials. We were fortunate to have very helpful seniors, colleagues and faculty staff who gave us time to review our submissions and prepare for the oral hearing. Preparing and participating for these events is very stressful and I commend my teammates who did not give up despite the odds and went on to qualify as quarter-finalists at Vienna in 2015. Like any other participant of the event, I will have to say that it is absolutely worth every late night, every sacrificed internship and every missed movie/dinner/party!

    While mooting does play a very important role in a law student’s life, I fully recognise that it may not be everyone’s cup of tea. However, I would encourage everyone to have some mooting experience during law school as a career building exercise.

     

    ARE THERE ANY MEMORABLE MOMENTS DURING YOUR COLLEGE THAT YOU WOULD LIKE TO SHARE?

    Five years of law school created a lot of pleasant memories but if I were to highlight the most memorable one of them all, it would have to be the day my team and I were adjudged as the winner of the intra-college international law moot court qualifying competition. This gave us the opportunity to represent ILS at the Philip C Jessup Moot where we were only two points short of qualifying to the World Rounds. The moto of the team was to only give our very best effort without expectation and consistently challenge ourselves to do better.

    This was a defining moment for us as a team and was testament to the fact that with sincere hardwork, effort and humility, sky is indeed the limit!

     

    WHAT MOTIVATED YOU TO GO FOR A MASTERS PROGRAMME? WHAT LED YOU TO CHOOSE MARITIME LAW AS YOUR SPECIALISATION?

    I come from a family of teachers who have always believed that education never goes to waste. In the present competitive market, selecting a niche and mastering it is important to establish oneself and it was with thought in mind that I was focused on completing my masters coursework before stepping into the professional job market.

    The shipping industry was an industry which I was familiar with since I was a child by virtue of my father’s affiliation with the Ministry of Shipping for the Government of India where he was the lead advisor and the IMO Representative for the Country on several occasions. The beauty of the maritime industry is that it is extremely multi-dimensional, involves a lot of cross-jurisdictional transactions and disputes and is extremely global in nature. I always knew that I would appreciate a contentious job a lot more than an advisory one and Maritime Law gave me the perfect avenue to combine my passion for international law, commercial laws and dispute resolution.

     

    WHAT WOULD BE YOUR ADVICE FOR YOUNG LAWYERS AND LAW STUDENTS LOOKING TO SPECIALISE IN MARITIME LAW?

    I would strongly recommend young lawyers to pick maritime law as an area of expertise for a variety of reasons.

    It is an excellent niche area to capitalise on. Given that India is a country with a vast coastline and there is significant Admiralty work which is always done in addition to the new Admiralty Act which was enacted last year; maritime law is a very promising career option.

    However, I would also recommend aspirants to seek internship experience with a firm practising admiralty law to get an insight into the industry to make an informed decision. It is complex; it is contentious; it is challenging at every stage but is also very exciting, very glamorous and very international.

    PLEASE TELL US ABOUT THE APPLICATION PROCESS FOR LL.M. AT NUS?

    The application for LL.M. at NUS is fairly standard as you would find in most universities worldwide. It is important to start preparing early by researching about the program you wish to apply for and the deadlines.

    After submitting an online application, the candidate then has to send a physical copy of the application along with supporting documents (official transcript, degree scroll, recommendation letters) along with the application fee receipt to the university at the indicated address on the website. The results of your application are usually declared only three months after the application. (I remember receiving an acceptance from NUS as one of the last universities as opposed to my acceptances from USA, UK and Australia).

    The information is easily available on the NUS website and the administration and admissions staff is very helpful, friendly and prompt with their assistance.

     

    WHAT ARE THE NECESSARY TRAITS ARE REQUIRED TO BAG A SCHOLARSHIP FOR LL.M.? WHAT IS THE APPLICATION PROCESS FOR A SCHOLARSHIP AT NUS?

    Like any university, it is highly advisable to have a consistent set of good grades in all years of academic study to secure a scholarship. Universities are usually keen to award scholarships to students who can display merit in academics and outstanding contribution even on extra-curricular activities. NUS has an additional requirement like a few other universities where it requests an Essay from a candidate on a current topic of their interest to assess scholarships awards. It is advisable to select an emerging topic of interest in the field of study that a candidate wishes to specialise in to increase their chances of success.

     

     

    WHAT SHOULD BE KEPT IN MIND WHILE WRITING SOPS FOR LLM ABROAD? WOULD YOU BE WILLING TO SHARE YOUR SOP FOR THE BENEFIT OF YOUNG LAW STUDENTS LOOKING TO APPLY ABROAD?

    I cannot stress enough on the importance of being well researched on the coursework, the faculty, the program and most importantly the industry. An ideal statement of purpose in my experience would be one which highlights the candidate’s genuine interest in a field of study even though one may not have taken the ideal modules or courses during undergraduate study for the same. Personally, I have always conceived a SOP to be a personalised document which gives the institution a chnace to understand the candidate’s expectations, aspirations and background better in addition to the professional information that they already have handy from the resume.

     

    PLEASE TELL US THE RECRUITMENT PROCESS AT GLOBAL MARKETING SYSTEMS, DMCC, DUBAI? HOW DID YOUR APPOINTMENT TAKE PLACE?

    I was introduced to a representative of Global Marketing Systems, DMCC, Dubai while in Mumbai who advised I apply for the position. As is standard procedure, I was interviewed once my Resume was perused and shortlisted prior to an offer being made. Initially I was placed in the Singapore office for a period of 5 months before permanently moving to the head office in Dubai and taking over the complete compliance and legal portfolios at GMS.

     

    AS LEGAL ADVISOR IN GLOBAL MARKETING SYSTEMS, DMCC, DUBAI, WHAT ARE YOUR ROLES AND RESPONSIBILITIES?

    My current role with Global Marketing Systems in Singapore and Dubai involves extensive risk assessment and legal advisory in relation to contract negotiation, drafting and execution not only for the sale, purchase and demolition of Vessels but also various standard form BIMCO operational contracts, time and voyage charter party contracts, contracts of afreightment, and marine insurance contracts. Currently, I assist and handle three portfolios in the Company namely, compliance and regulatory, legal dispute resolution, insurance claims. I am entrusted with advising the management and the procurement team of the risks in trading and purchasing vessels with prior claims, sanctioned vessels, commercial and legal intricacies of amended contracts and engaging external counsels to represent the Company in various litigation matters in India, Bangladesh and the EU as well as Arbitration proceedings commenced at the London Maritime Arbitrators Association (LMAA) and Singapore Chamber of Maritime Arbitration (SCMA).

    My current profile also involves general corporate advisory in relation to business development and expansion in offshore jurisdictions, employment matters in EU and non-EU jurisdictions and international taxation. This experience gives me a holistic understanding of the Shipping industry.

     

    YOU HAVE ALSO WORKED AS LITIGATION ASSOCIATE AT CRAWFORD BAYLEY & CO., MUMBAI. WHAT IS THE RECRUITMENT PROCESS THERE?

    I worked as an intern at Crawford Bayley & Co. on three different occasions from May 2012 to July 2014 during the semester break with the Admiralty Partner’s office during which period I was able to get valuable insight into the industry and the associated legal practise. Upon completing my master’s degree coursework, I successfully applied to the firm for a position of an associate and the firm was kind to accommodate me in their team and provide me valuable guidance and mentorship as a young lawyer.

    I would recommend law students to carefully consider their internship experiences and if possible, show loyalty to a firm where they have enjoyed the work and the work environment and would like to see a future. An intern is as much an investment to a firm as a firm is an investment to an intern’s resume.

     

    PLEASE TELL US ABOUT YOUR TIME AT NUS. WHAT SHOULD ONE EXPECT WHILE STUDYING ABROAD? HOW IS THE ENVIRONMENT DIFFERENT FROM COLLEGES IN INDIA?

    My academic year at NUS was an eye opener for a variety of reasons. Studying abroad gave me the perfect exposure to different cultures, interaction with people of different nationalities and understanding their lifestyle.

    The environment in universities abroad is one of friendly competition which is healthy for growth and encourages one to perform to the best of his/her ability. In my experience, universities abroad usually focus on the overall development of students and are less course intensive as opposed to Indian universities. The coursework and assessment structure is application oriented as opposed to theoretical knowledge which requires a thorough understanding of basic concepts and their applicability. It is this understanding which is ultimately most valuable to a prospective employer.

    While the coursework was tasking, our faculty ensured that there were lots of activities organised to keep the student morale high even during exams which were particularly stressful. Most importantly, my time at NUS was a great platform to network, create lasting memories and have a friendly face to bump into in different parts of the world!

     

    WHAT WOULD BE YOUR WORD OF ADVICE TO OUR READERS?

    Stay focused, stay motivated and never compromise on your mental and physical health. Make your hobby your job and you will always have a motivator in yourself even when the seas are rough!

     

     

     

  • Prachi Bhardwaj, Assistant Editor, Supreme Court Cases, on work and challenges of a Legal Editor

    Prachi Bhardwaj, Assistant Editor, Supreme Court Cases, on work and challenges of a Legal Editor

    Prachi graduated from Mody Institute of Technology and Sciences in 2012. She had an impeccable academic record and was a gold medallist. Prachi holds the position of an Assistant Editor at Supreme Court Cases, the most widely published and relied upon Law Journal in India.

    In this interview we speak to her about:

    • The work of a legal editor
    • Authoring legal articles
    • Academics, mooting, and extra-curricular activities
    • A career in legal editing

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? COULD YOU PLEASE SHARE WHAT MOTIVATED YOU TO PURSUE LAW AS A CAREER?

    I am a Legal Editor working in the Legal Publishing Industry for the past six years. Right after my graduation, I joined Eastern Book Company as an Editorial Assistant & was promoted to the post of Assistant Editor in the year 2014.

    Fortunately, or unfortunately, I am a first-generation lawyer. My father holds a degree in law but never pursued law as a career. I was a commerce student & was preparing for CA when I first heard of integrated law courses & realised that a law degree will do more justice to my analytical & outspoken personality.

     

    YOU HAD AN EXCELLENT ACADEMIC RECORD DURING YOUR COLLEGE. HOW DID YOU APPROACH ACADEMICS WHILE IN COLLEGE?

    My approach was pretty straightforward. Call me old-fashioned but I believe that attending lectures is very important. If the teacher is even half good at his/her work, you’ll be able to understand the subject better if you’ve attended that lecture. But that is not enough. Instead of relying solely on what was being taught in the classroom, I used to prepare my own notes for understanding the subject better. Plus, I also believe that in law, reading and analysing case laws is very important.

     

    HOW IMPORTANT IS IT TO TAKE UP MOOTS AND OTHER EXTRA-CURRICULAR ACTIVITIES DURING COLLEGE?

    Very! It not just adds to your resume but also gives you immense confidence to step into the real world with the law degree in hand. But what is more important is the kind of extra-curricular activity you engage the most in during college. Whether it is Mooting or Paper presentation or Parliamentary debates or MUNs, each activity plays different role in shaping your career choices. For e.g., I dedicated more time & energy in paper writing & presentations because I wanted to join the legal writing & editing industry.

     

    HOW FAR DID YOUR INTERNSHIPS DURING LAW SCHOOL HELP YOU IN YOUR CAREER AFTER YOUR GRADUATION? HOW WOULD YOU RECOMMEND THE PRESENT LAW STUDENTS PLAN THEIR INTERNSHIPS?

    I cannot emphasise enough the importance of internships for any student. It’s sad that many students do not think of internships as learning opportunities but simply a way to enjoy their summer/winter vacations. Law students should intern in all sorts of legal fields in order to zero in on one field that they would actually like to work in after graduation. It’s always better to experiment while in college. Start with NGOs then work your way up to Litigation, Law Firms, etc. Wherever you intern, just make sure that you do genuine work & not just collect certificates.

     

    AFTER DOING YOUR INTERNSHIPS IN LITIGATION AND LAW FIRM, WHAT LED YOU TOWARDS THE CAREER OF A LEGAL EDITOR?

    When I first joined law school, like most, even I wanted to join a law firm once I graduated. But interning with law firms & Advocates made me realise that those fields were not my cup of tea as the work I was doing there during my internships, was not giving me any joy. So, by the time I reached my final year, I was sure that I wanted to stick with what I enjoyed the most i.e. legal writing & editing.

     

    PLEASE TELL US SOMETHING ABOUT THE JOB OF A LEGAL EDITOR? HOW DIFFERENT IS IT FROM THE TRADITIONAL FIELDS OF LAW?

    A legal editor, contrary to the popular notion, is not your regular proof reader. Headnoting, case law digesting, Law Book Reviewing, Legal reporting, are all part of a legal editor’s job. The scope of work may differ depending upon the organization one works for. The fact that there are only a handful of people who understand the job of a legal editor, answers the second part of this question.

     

    WHAT ARE YOUR ROLES AND RESPONSIBILITIES AS LEGAL EDITOR AT SCC?

    As an Assistant Editor working with the Digest Team of Supreme Court Cases (SCC), my responsibilities are divided broadly into 2 categories:

    Digesting the Supreme Court case law on various topics starting from 1950 till date for the easy reference of Legal Practitioners: We all know that SCC is a law Journal in which the Supreme Court judgments are published chronologically in endless number of volumes. Now if a person is looking for all the cases on, let’s say ‘Family and Personal Laws’, finding the case law in those volumes will be an almost impossible task and that’s when a Digest comes into picture. In crux, I prepare topic-wise compendium of the entire case law on various subjects for the Supreme Court Complete Digest (SCCD) and sometimes for Supreme Court On (SC on) series. These case laws are short summaries of various law points in a Judgment.

    SCC Online Blog: I am in-charge of the Supreme Court updates that are published on the Blog. I do the in-depth analysis and reporting of the latest judgments & orders of the Supreme Court of India, sometimes of the High Courts, International Courts and Foreign Courts too.

     

    WHAT ARE THE ESSENTIAL SKILLS REQUIRED FOR A STUDENT FOR A CAREER AS A LEGAL EDITOR?

    A law degree, good analytical and research skill and a grasp on language. A legal editor is expected to present his or her ideas in a clear and logical way and should have a fair understanding of the needs of the legal professionals and the law students.

     

    WHAT ARE THE CHALLENGES THAT YOU FACE IN YOUR JOB?

    The biggest challenge in Case Law Digesting is the preparation of the synopsis of the Digest. While doing so, I have to keep in mind how a lawyer would search for a case law in that digest & as is the case in every profession, some are know-it-alls & some need extra guidance to reach the right place in the book. It’s obviously very difficult to be both in your head while synopsizing the case laws.

     

    WHAT WOULD BE YOUR ADVICE TO STUDENTS WHO ARE PLANNING TO MAKE CAREER AS LEGAL EDITORS?

    Intern in a legal publishing house, develop good research skills & write legal articles, essays, papers, etc whenever you get a chance.

    HOW CAN A STUDENT APPLY FOR INTERNSHIP AT SCCONLINE? WHAT IS THE CRITERIA FOR SELECTING INTERNS?

    The procedure is simple. Send your Application, along with your CV, to ‘hr.exec1@ebc-india.com’. If shortlisted, you’ll get a call from the HR who’ll then guide you further.

     

    WOULD YOU SAY THE SCOPE FOR A CAREER, AS LEGAL EDITOR IS NOT VERY BROAD IN INDIA?

    Compared to the other fields, it’s obviously not very broad but a lot has changed over the years with the advent of technology & internet. If we talk about EBC, we are no longer confined to print media and are now providing legal information though every possible medium. SCC Online Web & CD-Rom Editions that cover colossal number of case laws, SCC Online Blog where we publish legal news on as-it-happens basis, e-books, etc, are all signs of better days for Legal Editing & Writing field. I’d say there’s only one way from here & that’s up.

     

    YOU HAVE ALSO AUTHORED NUMEROUS LEGAL ARTICLES. WHAT POINTS ARE TO BE KEPT IN MIND WHILE AUTHORING A LEGAL ARTICLE?

    Choose a topic that you feel strongly about. This will motivate you to write better.

    Timing of writing & publishing the article is very important. Write on the topics that are relevant & not something that has been talked about a lot or something that people have lost interest in.

    Thoroughly research the topic that you want to write the article on.

    Read ‘n’ number of cases & laws on the point

    Keep your target readers in mind while writing any article.

    Never send your first draft for publication. Write the article, edit, read it aloud, seek feedback, edit again & once you are satisfied with what you’ve written, press that send button.

     

    WHAT ADVICE WOULD YOU GIVE TO LAW STUDENTS TO IMPROVE THEIR LEGAL WRITING SKILLS?

    Read legal articles.

    Keep abreast of the latest legal news.

    Create a blog and start with writing short articles.

    Write something for your law school’s journal.

    Ask your friends, seniors or teachers to give you feedback.

    Write, write & write even if you feel that you are not good at it.

     

    LASTLY, WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

    Do not shy away from trying new things during law school. Do what your heart says & not what everyone else is doing. All the experiences that you will have, will help you in taking an informed decision. Do not rob yourself of the joy of experimenting and exploring the options!