Author: G.R Kare College of law

Shisham Priyadarshini, Partner, Rajani Associates on working at a corporate firm and specializing in project finance
Shisham Priyadarshini graduated in law from L.A. Shah College, Ahmedabad. She started practice in 2003 and has worked at reputed firms such as Singhi & Co, Mulla & Mulla Craigie Blunt & Caroe and Thakker & Thakker and is currently a partner at Rajani Associates. Her core areas of practice include project finance and banking.

In this Interview she talks about:
- Importance of internships and scope of practice in the Corporate sector.
- Advantages of working at a law firm and her experiences of the same.
- Her take on the Arbitration and Conciliation Amendment Act, 2015
- Her advice to students aspiring to build a career in Law.
1. HOW WOULD YOU INTRODUCE YOURSELF, GIVEN THAT MOST OF OUR READERS ARE LAW STUDENTS, LAW ASPIRANTS OR PROFESSIONALS IN THE LEGAL ARENA?

I am a first generation lawyer working with Rajani Associates, a law firm with the focus on supporting, advising and guiding the client across various domains of legal practice. My practice areas include project, project finance and banking and finance. I like to work on varied types of assignment and currently I am keen to develop the anti-bribery and anti-corruption (ABC) practice of the firm.

I can just say that couple of years back I was one of you, reading words of wisdom of successful professionals and trying to draw motivation from them.

2. ENLIGHTEN OUR READERS ABOUT YOUR ROOTS.

During my early childhood I stayed in Jammu and then since my father was in Central Services, I moved from one city to another barely completing three years of education in any one school. I did my law studies from L. A. Shah College, Ahmedabad and then I came to Mumbai. Since then I have been working in Mumbai. So while my roots are spread in many cities but as a professional my career has shaped up in Mumbai.

3. HOW ARE INTERNSHIPS HELPFUL FOR A LAW STUDENT? WHAT ARE THE OTHER OPTIONS AVAILABLE FOR SOMEONE INTERESTED IN CORPORATE PRACTICE?

I feel law classes though very essential are quite theoretical and teaches the principles of law. It is during internship that you get an opportunity to apply your knowledge to actual matters. Internship is the first introduction to the legal profession. It offers an opportunity to explore the areas of practice which are generally the lesser known subjects of law and also introduces the interns to various interesting facets of law. Longer internships allow you to work on projects from start to finish and provides confidence and experience.

It is also quite possible that you get an opening in the law firm where you are doing the internship.

Corporate practice is dynamic. There is plethora of options available for someone interested in corporate practice. Besides the traditional practice areas like private equity, mergers & amalgamations, banking & finance one can even consider venturing into energy laws, maritime law, bankruptcy law, ethics and compliance.

4. YOU HAVE WORKED AT SEVERAL LAW FIRMS IN THE PAST. WHAT FACTORS MADE YOU LEVITATE TOWARDS PRACTICE IN FIRMS AS COMPARED TO INDEPENDENT PRACTICE?

Independent practice has its own limitations. While working in a law firms you get the mentoring of your seniors, which I feel is essential during the early years. In a law firm you get to work on varied assignments which enriches the experience and broadens the outlook. I have observed that big corporate houses are hesitant to approach independent practitioners, certainly not because of lack of talent but since they look for a one stop shop and a panacea for all their legal challenges. It was therefore an obvious choice for me to practice in a law firm wherein there is synergy of resources.

5. YOU HAVE BEEN WITH RAJANI ASSOCIATES FOR MORE THAN A DECADE. CAN YOU TELL US ABOUT YOUR EXPERIENCE AT THE FIRM?

Today when the attrition rate is so high I have managed to stay with Rajani Associates for over a decade. The credit for this goes to our Founding Managing Partner, Mr. Prem Rajani and to all the colleagues. They have provided a conducive environment to work and grow, from an Associate to a Partner.

At Rajani Associates, I have been given the opportunity to work on unique and unprecedented matters, outside my core area of specialization. Though these assignments are time consuming, they have given me the maximum amount of job satisfaction, especially because of the learning curve involved in the process.

I owe a great deal of my understanding of being a lawyer to Prem Rajani who with his guidance, support, patience and sense of humor has mentored my journey.

6. WHAT LED YOU TO SPECIALISE IN PROJECT AND PROJECT FINANCE? WHAT DOES IT ENTAIL?

I have always been keen on corporate and commercial law. While working with Rajani Associates, I got the opportunity to work on various project and project finance matters and over a period of time I developed a specialization in the same.

It provides opportunities to work along with project participants for the development of ports, roadways, highways and social infrastructure including healthcare projects, development of new technologies for waste and water management. It involves rendering services right from the bid stage, to structuring the transaction, forming consortia, execution of concession agreements, project equity, project debt, documenting and negotiating commercial contracts.

7. WHAT ARE THE QUALITIES REQUIRED TO BE A GOOD NEGOTIATOR? WHAT WOULD YOU DESCRIBE AS A SUCCESSFUL NEGOTIATION?

To be a good lawyer, it is essential to be a good negotiator. I believe negotiation is not about winning or losing (as is generally construed). It is about varied interests converging on a common goal point and that is the successful completion of the transaction. For this one needs to have a grasp of the matter, do an honest assessment of the situation, be respectful and mindful of the requirements of the parties involved and provide straight forward and simple solutions.

8. HOW HAS THE FACE OF CORPORATE LITIGATION CHANGED OVER THE YEARS?

India like any other country has judicial, quasi-judicial as well as other alternate dispute resolution methods. The corporate litigation practice is part of the judicial dispute resolution method which has seen tremendous growth, especially with India opening up its markets, where the Indian judicial system has had to come to terms with the reality of globalization and liberation.

With multinational companies setting up their business in India, the nature of commercial disputes have changed and today disputes are not only limited to dishonour of cheques, real estate, employment, labour disputes or consumer cases but are majorly in relation to private equity transactions, mergers & acquisitions, competition laws, commercial contracts, defaults in financial transactions (including lending and borrowing, hire purchase, finance lease) and enforcement of foreign awards.

The Government has also taken several steps to ensure that the time taken to resolve the disputes comes down and litigation matters do not drag on for years. It has amended the arbitration law, passed the commercial courts bill paving the way to constitute the commercial courts to exclusively handle the commercial cases, brought in the Insolvency and Bankruptcy Code and notified the National Company Law Tribunal (NCLT), all aimed at ensuring faster disposal of cases. Even the tax department, one of the largest litigant, has also taken initiative to reduce tax litigation.

9. WHAT IS YOUR OPINION OR TAKE ON THE ARBITRATION AND CONCILIATION AMENDMENT ACT 2015 ESPECIALLY THE RETROSPECTIVE EFFECT OF THIS AMENDMENT?

The amendment carried out in the Arbitration and Conciliation Act, 1996, by the Amendment Act, 2015 is quite positive and a huge step forward to boost the commerce of India. The intent is to reduce the intervention of the court and expedite the arbitration proceeding.

The retrospective effect of the Amendment Act has been discussed by Bombay High Court in the case of BCCI versus M/s Rendezvous Sports World and Delhi High Court in the judgment on Raffles Design International India Private Limited & Anr. versus Educomp Professional Education Ltd & Ors.

The view taken by the Courts is that the as far as the Arbitral Proceedings are concerned, the Amendment Act shall apply only if the Arbitral Proceedings have commenced on or after October 23, 2015, i.e. the date of promulgation of the Amendment Act. The Courts have further held that the Amendment Act shall apply to court proceedings in relation to Arbitral proceedings, such as application for appointment of Arbitrator or setting aside of the award regardless of the date of initiation of such proceeding.

In my view, the Amendment Act is applicable to “arbitration proceeding” and “in relation to arbitral proceeding”. This distinction has been made with an intent to remove the defects which prevailed under the old act.It is only logical that the amendments shall not apply to the ongoing arbitration proceeding, except when the parties have mutually agreed to the same. This is to avoid any change of law in the midst of an arbitration proceeding.

The issue of applicability of the amendments vis-à-vis arbitration proceeding and in relation to arbitral proceeding is presently pending before the Supreme Court of India.I am hopeful that the Supreme Court affirms the view taken by the Bombay High Court, Delhi High Court and the Calcutta High Court in this regard.

10. ARE THERE ANY SETBACKS IN THE INDIAN JUDICIARY? IF YES, WHAT STEPS DO YOU RECOMMEND TO ERADICATE THESE SETBACKS?

The biggest challenge faced by the Indian judiciary is the massive burden of the pending cases. It is a common man’s grievance that generally it takes years for the Courts to decide a matter.There is an acute shortage of judges due to delay in appointment and inadequate remuneration. If more judges can be appointed this will drastically reduce the pendency of the cases.

Additional special courts, fast-track courts may be set up to tackle the issue of backlog of cases. Even the concept of mobile courts should be encouraged to bring justice at the doorsteps of litigants of far-flung remote and rural areas. Lok Adalats, an informal, alternative mechanism can be encouraged especially in pre-litigation matters, settling cases before they become full-blown disputes being referred to the courts.

11. WHICH IS THE LATEST NON-LAW BOOK YOU HAVE READ? TELL US ABOUT IT.

Though not a latest one, the non-law book which I am currently re-reading is ‘The Monk who sold his Ferrari’ by Robin Sharma. I feel this book is relevant for every professional.

12. DEFINE ‘CREATIVITY’. HOW MUCH GRAVITY DO YOU EXPERIENCE TOWARDS CREATIVITY?

For me creativity is the ability to do new things, find new ways, think out of the box and provide solutions. I certainly feel creativity is very important and especially for a professional. Though an oxymoron, it is said that stress reduces creativity but it is also true that creativity reduces stress.

13. HOW DO YOU DE-STRESS WHEN NOT AT WORK?

I like to hear old Hindi songs, play with Bruno, my one and a half year old pug and cook when time permits.

14. YOUR ADVICE TO ALL THE YOUNGSTERS OUT THERE ASPIRING TO BE SOMEONE GREAT INCLUDING YOUNG BUDDING LAWYERS.

Today legal profession has been commercialized and in the bargain at times people end up compromising on ethics.

My advice all the youngsters is to be a good and ethical professional and success will follow. In your pursuit for success do not ignore your family and friends who are your support system.
December 9, 2016
Poorvi Sanjanwala, Partner, Rajani Associates on essentials of a good corporate lawyer and Merger and Acquisition practice
Poorvi Sanjanwala graduated in law with a gold medal from the Mumbai University in the year 2003 and went on to complete her Masters in Commerce from the same University.

She is currently a partner at Rajani Associates and handles the Private Equity and Merger & Acquistion practice (the acquisitions side) in the Firm.

In this interview she talks about:
- Essentials of a Good Corporate Lawyer
- Experience working in a Corporate Firm
- Challenges and hurdles in Merger and Acquisition Practice
- Her view on Make in India campaign
HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

I am Poorvi Sanjanwala and am a partner at Rajani Associates, a Mumbai based law-firm. I handle the Private Equity and Merger and Acquistion practice (the acquisitions side) in our Firm.

WHAT INSPIRED YOU TO JOIN THE PROFESSION OF LAW? IF NOT LAW THEN WHAT WOULD HAVE BEEN YOUR CAREER INTEREST?

I have always been interested in all things legal even when I was in college, I recollect deliberating a bit more upon newspaper articles which reported commercial judgements or interesting case-laws. Added to that is the fact that I am very fond of drafting, so law had to be an obvious option. If it were not law, I would have probably pursued an MBA.

HOW IMPORTANT ARE INTERNSHIPS FOR A LAW STUDENT? TELL US ABOUT YOUR INTERNSHIP EXPERIENCES WHILE AT UNIVERSITY

Internships I believe are extremely important not only from a knowledge-building perspective but from a specialisation identification perspective. Internships enable a student to obtain a more in-depth knowledge of various laws particularly from a practical perspective. Internships also go a long way in honing analytical skills further and enable students to come up-to-speed on laws and judgements as part of research or assignments they may be involved in, in the course of their internship. Internships do, I believe, also help students in identifying with more clarity the area of specialisation they wish to pursue and also prepare them more effectively from a practical standpoint, for life as a lawyer once they graduate. And yes, internships are at many times, a very good platform for talent to come to fore and be recognised as well. Unfortunately I did not intern during my university days so as such there is no specific experience I would be able to share with the readers in this regard.

WHAT ARE THE OPPORTUNITIES THAT THE PRACTICE HAS TO OFFER? WHAT ARE THE ESSENTIAL REQUIREMENTS TO BE A GOOD CORPORATE LAWYER?

Our Firm is a full service Law Firm with the corporate law practice areas being the pivots. Our practice areas include PE, M&A, Capital Markets (International and Domestic), Projects and Project Finance, Dispute Resolution, Intellectual Property, Real Estate, Banking and Finance and ofcourse General Corporate and Commercial.

The essential requirements to be a good corporate lawyer, would be, first ofcourse be interest in the corporate laws domain as a whole, followed by good drafting skills, since any transaction/assignment in any these practice areas do involve significant documentation and where more often than not, no two documents are alike and entail customisation which is transaction specific. Coupled with drafting are negotiation skills, since again transactional documentation almost always involves counter-parties and where finalisation of such documents involves negotiations and lastly, good inter-personal skills and team spirit.

HOW WOULD YOU COMPARE INDEPENDENT PRACTICE TO JOINING A LAW FIRM?

Having worked with law firms since I qualified, I don’t think I would be in a position to throw much light on this. Having said this, starting off- independently is at the other end of the spectrum from working in a firm. There are various factors which culminate into a decision for any person to start off on their own and pose its own set of challenges.

CAN YOU TELL US ABOUT YOUR EXPERIENCE AT THE FIRM AND WHAT MOTIVATED YOU TO JOIN RAJANI ASSOCIATES?

(Ms. Poorvi Sanjanwala have been with Rajani Associates for more than a decade)

The experience has been very enriching. Rajani Associates is the place where I have gained and continue to gain my knowledge of corporate laws and my transactional experience in the PE and M&A spaces. I have also been fortunate to have had very good seniors, particularly Mr. Prem Rajani, the Firm’s Managing Partner, who have also been very encouraging and have had the patience to discuss transactional aspects as a transaction progresses (and not just a post completion analysis or review). As a Firm, apart from the emphasis on close attention to detail and effective client interaction, Rajani Associates gives its lawyers the platform to demonstrate their skills in the areas of their practice, believes in placing an equal importance on learning as you work and where every member of the team is encouraged to contribute effectively to transaction closure and given an opportunity to actively participate in transactions. Coupled with this, is a good working environment and you have all the ingredients of a great working place and enormous opportunities for career growth.

YOU HANDLE VARIOUS ASSIGNMENTS WITH RESPECT TO THE MERGERS & ACQUISITIONS. WHAT ARE THE BIGGEST HURDLES AND CHALLENGES IN THE IN THIS AREA OF PRACTICE?

I would not say that there are hurdles in either the PE or the M&A space. Yes transactions are challenging and at times demanding but which transaction is not? It is the challenges which make each transaction a unique learning curve and also enrich your knowledge and experience in the process. I would say that every transaction I have handled or been part of in the past, has had some or at times a myriad of unique aspects to it, be it the nature of the transaction or its structure or the negotiations that it may have entailed. All transactions and the experiences have been and will continue to be a wonderful learning process for me.

RAJANI ASSOCIATES HAS CONSISTENTLY BEEN RANKED AT THE TOP IN DEALING WITH ASIA-PACIFIC M&A. WHAT IS AN AVERAGE DAY AT WORK LIKE FOR YOU?

An average work day would mean discussing with the team on on-going transactions, taking a round-up on changes that may have been effected to any law and its potential implications and ofcourse working with the team to meet deadlines of any on-going transaction.

THE GOVERNMENT HAS BEGUN DISCUSSIONS TO PERMIT THE ENTRY OF FOREIGN LAW FIRMS AND LAWYERS INTO INDIA. IN YOUR OPINION, HOW WILL THIS AFFECT THE PROFESSION?

How the actual entry of the foreign law firms will pan out, will ultimately depend on the fine print of the rules which will regulate their entry and operations into the Indian legal practice arena. As such it would be pre-mature to comment in detail at this juncture. Needless however it would be to state that the advent of foreign law firms will be a game-changer of sorts once all decks are cleared for their entry.

THERE IS ONGOING CAMPAIGN FOR “MAKE IN INDIA”, “START-UP INDIA” AND “SKILL INDIA”. IS OUR LEGAL SYSTEM MATURE ENOUGH FOR SUCH DEVELOPMENTS OR IS THERE A NEED FOR REFORM?

I believe the legal system is mature enough. This initiative of the Government is an important and welcome step in providing an impetus to growth and development of the country as a whole by nurturing skills and ideas to translate them into opportunities for businesses thereby generating employment and bringing self-reliance in sectors which were earlier import dependant or at the nascent stages of development. At the same time it also seeks to encourage multi-nationals and other global level players to set shop in India thereby also enabling the Country to not only benefit from investment and capital but also in opening up new opportunities for new/enhanced skill sets, technologies, employment opportunities and other ancillary benefits thereby propelling the growth story further. Keeping this objective in mind, the Government has introduced several measures for the ease of entrepreneurs to start and operate their businesses, initiated consequential changes in legislation, introduced reforms, including the liberalisation of receipt of foreign direct investment in various sectors which will go a long way in making the “Make in India” concept a winner all the way in achieving its intended objectives.

THE GOVERNMENT HAS BROUGHT INTO FORCE THE COMPANIES (MEDIATION AND CONCILIATION) RULES 2016 TO GIVE EFFECT TO SECTION 442 OF THE COMPANIES ACT. HOW WILL THIS AFFECT THE CORPORATE SECTOR?

As the Companies (Mediation and Conciliation) Rules, 2016 are a very recent introduction that is, the notification in this regard has been issued in September 2016 only, its impact and its success as also the ability of this mechanism to reduce the burden on the judiciary will have to be reviewed as the extent to which parties to a dispute will take recourse to it for the purposes of resolution of their disputes will have to be gauged with the passage of time.

WHAT ADVICE DO YOU WISH TO GIVE TO YOUNG LAW STUDENTS AND YOUNG LAWYERS, LOOKING FORWARD TO JOIN A CORPORATE LAW FIRM?

Joining a corporate law firm as most of the readers would be aware, is a demanding but at the same time challenging as well. Coupled with this, it also entails the pre-requisite of keeping continuously abreast with current laws, possessing good negotiation, drafting skills and analytical skills and working well in a team. Other equally important aspects are effective communication and inter-personal skills which are critical in team and client interaction as also during negotiation of agreements.

WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

If you love the work you do and put all your efforts into what you do at your work place whole-heartedly, then this is what will make the entire journey an enjoyable, enriching and successful experience.
November 13, 2016
Justice Sayonara Telles Laad, on bringing justice to the people, legal education and the Indian Judicial System
Justice Sayonara Telles Laad is the Ad-hoc District Judge and Assistant Judge, North Goa, graduated in law from G.R. Kare College of Law in the year 1987. She joined practice in the same year went on to become an Assistant Public Prosecutor in 1992. In 1996, she answered her Judiciary Examinations and has been a judge for the past 20 years. This Interview was conducted by Dietrich Almeida of GR Kare College of Law

IN THIS INTERVIEW SHE TALKS ABOUT:
- Importance of Extra curricular activities
- Criminal practice
- Changes which have impacted the legal profession
HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

I am an Ad-hoc District Judge-1 and Assistant Judge Sayonara Telles Laad. I graduated from G.R. Kare College of Law in 1986-87. I started practise as an advocate in 1987 before I joined as the Assistant Public Prosecutor in 1992. I joined the judiciary in 1996 as Civil Judge Junior Division and Judicial Magistrate First Class at Vasco, Sanguem, and Ponda and was later promoted as Senior Civil Judge and Judicial Magistrate First Class at Bicholim, Quepem, and Ponda. It’s been 28 years since I’ve done law.

TELL OUR READERS A BIT ABOUT YOUR CHILDHOOD AND PRE-COLLEGE LIFE AS WELL AS EDUCATIONAL BACKGROUND. DO YOU HAVE LAWYERS OR BUREAUCRATS IN YOUR FAMILY?

I have done my schooling at Guardian Angel Higher Secondary at Sanvordem, Curchorem. Then did my Higher Secondary Schooling in Arts and completed my B.A through Parvathibai Chowgule College. I come from a family of bankers and teachers. There are bureaucrats but no lawyers in my family.

HOW DID YOU DECIDE TO OPT FOR THE FIELD OF LAW?

Opting for law was not planned, nor was it my ambition to join the legal profession. It just happened, and I went with the flow. I was not focused like the kids now-a-days. I always wanted to study as I had the fever for answering examination. After I completed my graduation in B.A, I thought of doing M.A but in those days to pursue M.A one had to go to Panjim as it had to be done through University of Bombay. Goa University came to be established much later. As G.R. Kare college of Law was closer to home, I opted for LL.B.

HOW HAVE EXTRA-CURRICULUM ACTIVITIES HELP YOU IN ACHIEVING YOUR GOALS?

I have always been actively involved in extra- curricular activities like sports and cultural activities and see that I keep myself active. Extra -curricular activities helped me in developing my personality, helped me in adjusting to various situations, developed patience and confidence to be a better human being and it keeps you active and your mind alert.

DESCRIBE YOUR EXPERIENCE WHEN YOU APPEARED IN THE COURT FOR THE FIRST TIME?

Well, I guess it was like any other newcomer to any profession- mixture of surprises, apprehension, awe of the judges, the legal luminaries, the imposing atmosphere of the court, nervousness, awkwardness and a feeling of satisfaction to be associated with such a noble profession.

TELL US ABOUT YOUR EXPERIENCE AS THE ASSISTANT PUBLIC PROSECUTOR.

I had the opportunity to deal with a number of criminal cases during my tenure as Assistant Public Prosecutor which was for about 4 years before I joined judiciary. Handling criminal cases exposed me to human tendencies, human psychology, the mind-set of victims, offenders. I felt that the victims needed much more justice than they were actually getting as there was no victim compensation awarded to the victims then as per the recent amendment which has introduced victim compensation to the victims.

WHAT MADE YOU GRAVITATE TOWARDS JUDGESHIP?

I was an Assistant Public Prosecutor when the opportunity came to apply for the post of Civil Judge Junior Division and Judicial Magistrate First Class in Goa Judiciary. I thought that opting for judiciary would be ideal as I would be exposed to handling Civil matters besides criminal cases and a variety of cases as compared to only handling criminal cases which were limitations of the post of an APP.

WAS, THERE ANYONE, IN PARTICULAR, WHO INFLUENCED YOU WHILE DECIDING ON JUDGESHIP?

There was no one that influenced me but I felt that judgeship is a better option for a lady in all ways as it is the next step after being an APP and a privilege to be appointed as a judge considering the nobility of the profession.

BRIEFLY TELL US ABOUT YOUR INTEREST IN JOURNALISM.

I dabbled in journalism prior to my legal career as I had always been a voracious reader and had a flair for writing and wanted exchange of views. I wanted to change the mind-set of society to a large number of unjust social norm and superstitious beliefs. It feels wonderful to reach out to a whole group of people out there through this medium. It’s a wonderful feeling when someone says I have read your write-up or article and it was nice and thought provoking.

DO YOU FEEL THAT THE LEGAL PROFESSION HAS SIGNIFICANTLY CHANGED FROM THE TIME WHEN YOU DECIDED TO STUDY LAW?

Yes of course there are a lot of changes in this field. There is computerization and upgrading of infrastructure, newer laws like Domestic Violence Act has come, Sensitization of women Gender Acts, introduction of Alternate Disputes Forum for settling cases, Plea bargaining, appointing of Paralegal Volunteers to work from grass root level, establishing front offices with Retailer Advocates on panel for those who want free legal Aid/Advice, introduction of the mobile van for creating legal awareness and disposing matters through LokAdalats by taking justice at your doorstep.

THE BAR COUNCIL OF INDIA IS CONTEMPLATING ON THE FORMATION OF A NEW RULE WHICH WILL REQUIRE LAWYERS TO PRACTICE IN LOWER COURTS, BEFORE ARGUING BEFORE THE HIGH COURTS AND THE SUPREME COURT. IF THIS RULE IS MADE CONCRETE, DO YOU THINK IT WILL HELP?

I think it’s a very good move indeed as the lawyers will have a good insight and in-depth knowledge of the actual practice and procedures of law and the working of the lower courts.

WHAT DO YOU THINK ABOUT THE INDIAN JUDICIAL SYSTEM? HOW CAN IT IMPROVE ON DELIVERING JUSTICE?

I would advocate the Common Civil Code as applicable in this state to the rest of India.

TELL US WHICH SPECIFIC ROLE WOULD YOU LIKE TO SEE YOURSELF AFTER 10 YEARS?

I would be retired by then and would like to create legal awareness and crusade for settlement of cases through Alternate Dispute Redressal Forum which is introduced under section 89 of the Code of Civil Procedure through means like Arbitration, Conciliation, Judicial Settlement through Lok Adalat and Mediation.

FINALLY, WHAT PARTING MESSAGE WOULD YOU LIKE TO GIVE OUR READERS?

I would like to stress that litigants and Advocates should be more open minded to refer matters to Alternate Dispute Redressal Forums and make sincere efforts to settle the cases as settlement of cases is cost effective and time saving and bring about peace and happiness.
October 13, 2016
Ms. Purvi Kapadia, Partner, Rajani Associates, on completing the Solicitors Exam and Private Equity practice
Ms. Purvi Kapadia, graduated in law from Government Law College, with a gold medal, in the year 2002 and thereafter passed the Solicitors examination conducted by the Bombay Incorporated Law Society in October 2004. She has an experience of over 13 years in the legal Industry and is at present a partner with Rajani Associates. Interview by Kaushik Dessai of G. R. Kare College of Law.

IN THIS INTERVIEW SHE TALKS ABOUT:
- Successfully completing the Solicitors exam
- Corporate practice
- What it means to be a good private equity lawyer
- Current reforms in Law
HOW WOULD YOU INTRODUCE YOURSELF, GIVEN THAT MOST OUR READERS ARE YOUNG LAW STUDENTS and YOUNG LAWYERS?

Hi. I am Purvi Kapadia, partner at Rajani Associates, a full service law firm. I handle the private equity practice of the Firm.

WHAT INFLUENCED YOU TO JOIN LAW?

Well… a lawyer is what I was meant to be. I am a third generation lawyer of my family and it came as a surprise to no one when I decided to study law.

WHAT PROMPTED YOU TO PREFER CORPORATE PRACTICE OVER LITIGATION?

Litigation practice can be very thrilling but also very slow moving. It is no secret that litigation can often be prolonged. As an articled clerk I got a chance to do a fair bit of both, litigation and corporate matters, and the fast pace of a corporate practice is what I came to like.

WHAT ARE THE CHALLENGES YOU FACED WHEN YOU FIRST STARTED HANDLING PRIVATE EQUITY TRANSACTIONS?

I am not sure if what I write here describes a challenge exactly, but it is something that I realised very early on in my practice as an important part of this practice and i.e. Negotiation. Both drafting the transaction documents as well as negotiating the same thrill me. But the later thrills me even more as no two negotiations are the same. I believe negotiation is an art that you master more and more with each transaction and you may not exactly start of by being good at it. I know I did not. I was just lucky to work with brilliant seniors then, from whom I could learn and better myself.

IF A STUDENT OF LAW WISHES TO ULTIMATELY PRACTICE IN THE PRIVATE EQUITY SPACE WHAT WOULD BE YOUR ADVICE?

While most private equity transactions revolve around the same concepts, rights and obligations, it is very important to understand that the pulse of every transaction and client is different. What may have seemed like the perfect deal for one transaction could work very differently for another transaction. Also, the business and structure of the company in which investment is proposed, as well as the management set up, holds most relevance, and the same must be understood minutely. Lastly, while a due diligence is most often considered as a routine act that simply needs to be swept out of the way, what one must remember is that the findings of a diligence exercise are in fact the very foundation of any transaction. A lot of the drafting of the transaction documents in fact depends on the findings of a diligence. Anyone wishing to practice in the private equity space must first start with doing diligence exercises and understanding the impacts of its findings.

YOU HAVE CRACKED THE SOLICITORS’ EXAMINATION CONDUCTED BY THE BOMBAY INCORPORATED LAW SOCIETY. THE SAID EXAMINATION IS WIDELY KNOWN AS A TOUGH EXAMINATION. COULD YOU TELL US ABOUT THE STRUCTURE OF THE EXAMINATION?

Yes, the solicitors examination is a very challenging exam. It is a great feeling to pass it. The examination is set to test ones practical knowledge rather than just theoretical knowledge. Also the questions are interwoven to cover various subjects, so it is never enough to just know the subject of which you are writing the paper. One needs to know all the other subjects as well. It most definitely is an exam that helps you gain multi dimensional knowledge and apply the same.

WHAT WAS YOUR SUCCESS MANTRA FOR ACHIEVING SUCCESS IN THE SOLICITORS’ EXAMINATION?

There are no shortcuts for passing the solicitor examination. If you fall in love with each of the subjects you are studying and study the same methodically, you are sure to get through. The key is not to study each subject in isolation but to understand how these laws are interwoven and interdependent. When you read a case study, you should be able to think of all the facets of law that would apply to that particular case study and not just the subject law for which you studying/ writing the paper. This is exactly how you then move on to deal with your clients in real life practice.

AS A PARTNER AT RAJANI ASSOCIATES, WHAT IS AN AVERAGE DAY AT WORK LIKE? OUR READERS WOULD LOVE TO HEAR ABOUT THE DAY-TO-DAY RESPONSIBILITIES WHICH NEED TO BE HANDLED BY SOMEONE IN YOUR POSITION.

From simply executing work a few years back, at this position I now mentor my team. An average day at work means a lot of interaction with my team. It is usually conversations revolving around the transactions on hand or changes in law.

YOU HEAD THE PRIVATE EQUITY INVESTMENTS AND JOINT VENTURE TRANSACTIONS AT THE FIRM. HOW DID YOU BUILD UP YOUR EXPERIENCE IN THE PRIVATE EQUITY TRANSACTIONS?

I have had both – skilled seniors and skilled teams on the opposite end. Both private equity and M & A transactions entail not only good drafting and reviewing skills but also thorough negotiation skills. From the first transaction I negotiated for – to the last, I have seen myself grow in confidence. Needless to add the seniors I have worked with have taught me a great deal. At the same time, if you keep an open mind you will be amazed how much you can also learn from the seniors sitting across the table.

WHAT ARE THE OPPORTUNITIES THAT THE PRIVATE EQUITY PRACTICE HAS TO OFFER? WHAT ARE THE ESSENTIAL REQUIREMENTS TO BE A GOOD PRIVATE EQUITY LAWYERS?

A private equity practice exposes you to various laws, not just Indian but global as well. Also, although every transaction may have the same end intent of taking or making investment, I am yet to work on a transaction that would fit the same parameters as my previous transactions. Each transaction has had its own challenges, its own negotiation meltdowns and high points. In short, no transaction has ever been the same for me and that has been amazing.

As for the requirements of a good Private Equity lawyer, I strongly feel that a good Private Equity lawyer must learn how to understand the pulse of the transaction at hand. A Private Equity lawyer must be careful not to treat each transaction and client the same as the previous one or straight jacket the transactions. Also lawyers often forget that negotiations are not a personal battle field. What the client needs or is willing to give up or is willing to hold on to no matter what, is paramount, and that it is for the lawyer representing the client to understand and act accordingly. Above all, it is important for the lawyers to guide their clients. Often clients are unaware of, or lose sight of, the immediate or futuristic challenges they may face on the completion or non completion of a transaction and the lawyer must help the client understand the same.

YOU HAVE BEEN WITH RAJANI ASSOCIATES SINCE 10 YEARS. PLEASE TELL US ABOUT YOUR EXPERIENCE AT THE FIRM?

Rajani Associates is a great learning ground. No transaction or assignment in this Firm is executed as a matter of fact. Instead, every transaction and every client is handled with utmost care and as a team effort. Every transaction is headed by a partner and the partner constantly imparts both knowledge and experience to the rest of the team. In these past 10 years, I have learnt so much from my senior, the managing partner – Mr. Prem Rajani (and I continue to learn), just as I have passed on knowledge and experience to my team (and will continue to do so).

THE PARLIAMENT OF INDIA ENACTED THE INSOLVENCY AND BANKRUPTCY CODE 2016. WHAT IS THE EFFICACY OF THIS CODE AND WHY IS IT AN IMPORTANT PIECE OF LEGISLATION?

Change is always good and especially change in law is always a positive step towards working with the need of the hour. Bankruptcy Code likewise, is a welcome consolidation, an overhaul, of the existing bankruptcy legislations. Providing a much needed relief to the existing debt market of India, an early and faster remedy to the lenders, the Bankruptcy Code is most certainly a very important piece of legislation for India. The efficacy of the Code will however, like any other legislation (new or old), depend on the execution and implementation of the Code. A number of agencies and professionals will need to work together and effectively, to make the Code a success, and it is certainly hoped that this is achieved.

THERE HAS BEEN A SEVERE CRITICISM OVER PUBLIC SECTOR BANKS WRITING OFF BAD LOANS. WHAT IS YOUR VIEW IN THAT REGARD?

I partake somewhere in this criticism. Writing off such huge amounts of bad loans does ultimately somewhere come at the cost of burdening honest taxpayers and affect the shareholders of these Public Sector Undertaking banks. While the entire write off may be treated as an accounting act, and although in reality the Banks do continue to pursue their debt claims against the defaulting debtors, the write off does take the compulsion off the Banks to pursue the bad debts.

WHAT IS YOUR ADVICE FOR FRESH GRADUATES WHO WISH TO ENTER LAW FIRMS AS ASSOCIATES?

Well, challenges in a law firm and a legal career are the same as in any other profession. Hard work and willingness to learn are paramount. Also, in this profession practical knowledge is very treasured. Reading of law, to its understanding, to its implementation, every step is crucial and this journey can be mastered only with experience.

WHAT WOULD BE YOUR PARTING MESSAGE FOR OUR READERS?

Studying and practising law is exciting. Hope to see you on this side soon.
October 13, 2016
Mr. Surendra Naik, Additional Collector and Additional District Magistrate, North Goa, on his experience at law school and mantra for success.
Mr. Surendra Naik, Additional Collector and Additional District Magistrate, North Goa, graduated in law from V. M. Salgaocar College of Law in the year 1999 and shares his views and experiences in his long and successful career. This Interview was conducted by AJAY BORKAR of GR Kare College of Law

IN THIS INTERVIEW HE TALKS ABOUT:
- Being part of Government setup
- His responsibilities as a Magistrate and
- Views on retirement
1. What could be a short introduction of yourself?

A humble ordinary citizen of India, with zeal for social work and to contact with common people, to work for their cause.

2. Please elaborate on the motivating factors which helped you in choosing legal studies?

Right from my childhood, I always dreamt of being part of the Indian judiciary since my father always wished that I either become a lawyer or a judge.

3. How would you describe your academic career while at V. M. Salgaocar College of Law, Goa?

I did my three years degree course in law in V. M. Salgaocar College of Law. I was privileged to have good faculty, who introduced me to the various legal aspects and assisted me in understanding them. I was ranked 1^st in all three years at the Goa university.

Further, as the institution was located in Panaji which is a hub for lawyers, I had the opportunity to intern with advocate F.E. Noronha in Panjim, wherein I gained some practical knowledge of dealing with the clients and attending cases in court.

4. What role do you think mooting plays in a law student’s life?

I hold moot courts at a very high esteem. I think each and every student of law should compulsorily participate in moot court. It enhances their power of understanding and analysing legal situations and enhancing their power of arguments and plays a major role in their overall personality development and legal ethics.

5. Please tell us about how you decided to pursue your career in civil services? Were you considering any other opportunities?

After completing by graduation in law, I applied and received Sanad from the Bar Council of Maharashtra and Goa. Also, I joined the chamber of Adv. F.E. Noronha in Panjim, who was basically practicing in various Civil Courts, Tribunals, Revenue Court and also in the High Court of Bombay at Goa. I had an opportunity to work with him for about 7 months. During this time, there appeared an advertisement for post of Mamlatdar, Joint Mamlatdar and Asst. Director of Civil Supply through GPSC, for which I casually applied.

Thereafter I received a letter for written examination for which I appeared and then I received a letter for oral interview by the GPSC and subsequently I topped the said examination and oral interview and was ranked first in the selected candidates and immediately thereafter I received appointment letter as Mamlatdar. I always wanted to be a Civil Judge or Judicial Magistrate First Class, but during that time there were no advertisement of civil judge. The requirement was 3 years practice as lawyer which I could not fulfill.

6. What has your experience with legal education been like and how relevant do you feel it has been to your profession after graduating in law?

As per me, my legal education has helped me immensely. It changed my attitude and my way of looking towards everything. Qualification in Law was the basic requirement for the post of Mamlatdar. It also helped me immensely in discharging my duty as Presiding Officer of the Revenue Courts and also for performing many other quasi-judicial functions.

7. What are your main responsibilities as the Additional District Magistrate of North Goa?

Presently I am posted as Additional Collector and Additional District Magistrate, North Goa. My primary functions are mainly Administrative and I also carryout Quasi-Judicial functions under numerous Acts like the Mamlatdar Court Act, Land Revenue Code, RTI Act, etc. The criminal jurisdiction includes maintenance of law and order and various other preventive actions. I also have a duty of granting arm licenses under arms Act.

8. Do you think the level of law studies has gone down as compared during your time?

I don’t agree with this. However I think that as the time progresses, the law colleges are becoming more and more professional and training its students in various aspects. Even the introduction of 5 year course is a great step towards legal education. I think compared to our time, there is a lot of improvement in legal education and imparting of professional training to law students.

9. How do you manage your personal and professional life? Do you keep both separate?

Apart from professional life, one’s personal life is equally important. And one has to strike a perfect balance between both of them, if your personal life gets disturbed it also adversely affects your professional life. So you should also give time for your family.

10. Where do you see yourself after your retirement?

I think there is nothing like retirement in life. One should always keep on continuously contributing to society. Government service is just one phase and there are various opportunities for a competent person to contribute to the society, even after attaining the age of superannuation. One must always keep his body and mind healthy to live life to its fullest satisfaction.

11. Do you have any advice to all our readers out there?

It is only hardwork which is the key for success in any field and there are no shortcuts. Shortcuts are only for short term benefits. It is only hardwork which gives you success on long term basis. Overall apart from your hardwork there should always be honesty in whatever you do.
September 18, 2016
Justice Desmond D’ Costa, on bringing justice to the people, legal education and the Indian Judicial System
Justice Desmond D’Costa is the Principal District and Sessions Court Judge, South Goa, graduated in law from G.R. Kare College of Law in the year 1982 and answered his Judiciary Examinations in 1992 and has been a judge for the past 24 years. He possess an experience of over 34 years in the legal industry and encourages the students participate in various activities in order to get more experience. His main goal is to serve the society. This Interview was conducted by Dietrich Almeida of GR Kare College of Law

IN THIS INTERVIEW HE TALKS ABOUT:
- What motivated him to become a judge
- Serving for the cause of justice and bringing justice to the people
- Legal Education
- The Indian Judicial System and
- His advice to law students intending to join the Judiciary
1. HOW WOULD YOU INTRODUCE YOURSELF, GIVEN THAT MOST OF OUR READERS ARE ASPIRANTS OF LAW AND SERVICES, LAW STUDENTS AND PROFESSIONALS?

I am the Principal District and Sessions Court Judge Desmond D’Costa. I graduated from G. R. Kare College of Law in the year 1982. I’ve been an advocate for 10 years before I answered the judiciary exams in 1992. From 2002 to March 2016, I was an Additional District Judge. I’ve been a judge for the last 24 years. So you can say I’m a follower of law. It has been 34 years since I’ve done my law. In a way you can say I live law, I breathe law, we don’t eat law but we live and breathe law.

2. WHAT WAS YOUR LIFE LIKE AFTER GRADUATING AND HOW DID YOU BEGIN FOCUSSED PREPARATION IN ORDER TO ACHIEVE YOUR GOAL?

Like I said I graduated in 1982 and my objective was to serve the cause of justice. So I practised as a lawyer for several years and then when there was an opportunity to join the judiciary I applied for the post of a judge. And I was selected as a judge in 1992. And ever since that time I’m trying to see in what way I can serve the society such as deciding cases as quickly as possible and not keeping matters pending. We always criticize the system, but in joining the system and doing my contribution that’s the way I achieved my goal.

3. ALONG WITH YOUR HARD WORK AND CAPABILITY, WHICH INDIVIDUAL WOULD YOU LIKE TO ACCORD CREDIT TO IN ATTAINING YOUR GOAL?

When I became a judge I and my fellow colleagues used to interactions among ourselves and at the end of the day we would sit together and discuss our problems. So you can say my fellow colleagues, my fellow judicial officers are the people I give credit to. Like we always used to share as the saying goes “Knowledge is only a drop in the ocean”, you can read books but sometimes you might not be able to grasp it or remember it but what you get from discussions with your colleagues and sometimes even with lawyers is entirely different. We used to share experiences and in this way improve and sharpen our focus and sharpen our law.

4. WHAT WERE YOUR AMBITIONS BEFORE JOINING LAW AND WHAT LED TO YOUR INCLINATION TOWARDS LAW?

Firstly, I don’t come from a family of lawyers. So when we were students we used to always see injustices all around us. So many students used to fight against injustices. Once you get involved in society, advocates now make you go for legal aid clinics so you see the trouble that people face. And sometimes cases don’t get over and people are frustrated with the system. There’s a lot of distrust and disgust in the system, that is what we felt and thought, let us see in what way we can contribute to put faith in the system. My experience with the student’s movement and tackling different social issues at our level as students made us interested in seeing in what way we could mould the law to bring justice to the people.

5. DO YOUR FEEL THAT IN INDIA THERE IS STILL A BIT OF RESISTANCE TOWARDS LEGAL EDUCATION?

So what they say is that the legal profession doesn’t have green pastures, like a student who does his engineering or medicine they start earning immediately. But now of course in Indian law schools such as national universities, students who study there get very good positions. But in Goa, advocacy implies once you are qualified in law and start practicing, for 4- 5 years you have to attend the courts and see the how it functions. Thereafter, by the time people have confidence in such a lawyer, which is very important as no one will entrust a case to you unless he is sure that you’ll win the case for him, it is what’s called a long gestation period. No doubt that some new graduates who come out of law are well experienced by attending courts and they know most procedures and that is why they are able to start practicing immediately but then you have to be with a senior counsellor. Nowadays judgements are easily accessible over the internet but then to win people’s confidence you have to chisel or polish yourself into a well rounded professional which only experience gives you.

6. WHAT MOTIVATED YOU TO APPLY FOR JUDICIAL EXAMS?

Well, I never had a wish to be a judge. As they say life is an accident. So, along the road of life, after I became a lawyer, I continued supporting people for the causes of justice as I’ve said before instead of throwing stones at the system as I felt that it is better to join the system and try to be the change. That’s when I applied for the judicial post and completed my exams. I think that I cannot be a judge by myself but I am a part there in the judiciary.

7. PEOPLE HAVE A TENDENCY TO IGNORE MOOTS, DEBATES AND EXTRA CURRICULAR ACTIVITIES IF THEY WANT TO GO INTO JUDICIARY OR CIVIL SERVICES. WHAT DO YOU THINK ABOUT THIS?

This is very true because ultimately what happens is that the lawyer has to develop self-confidence. Further, knowing the law by heart and having academic knowledge but not being able to put it into use is of no utility because ultimately law is to be applied in day to day events and to solve the problems and issues in regards to which your clients will come to you. You have to know the remedy and tell them how to tackle their problems. And all this comes partly from experience by participating in moots, debates and extra-curricular activities makes you an all-round citizen.

It also gives you a social exposure and makes you more practical. There’s a vast difference between the law written in the books and law in practice. Only when you take part in moots, debates, only then your skills sharpen and your outlook broadens. Take the example of a frog in the well in this regards, the size of the sky for the frog is only the small blue part that he can see. So in order to see the whole blue sky he has to come out of the well. In other words, every student should come out of the well and have a broadened approach. He should not be confined to the walls of his room or library but he has to go out and take part in skits, legal aid clinics, speak to people and also learn their language because in the classroom we speak in English but with clients you have to speak in the local language. Therefore, moots, debates and extra-curricular are very important.

8. HOW IS A TYPICAL DAY AT WORK LIKE?

A judge’s life is 24×7. We hardly have time. And at the end of the day I try to finish the work I have for the day by reading the files and avoiding postponing the dates of judgment. We have to keep on reading. There’s no time to breathe but of course I enjoy it. I would try to do what’s best for the system. The better equipped you are with knowledge the greater use you can put into society. A gain in our knowledge helps us to be more efficient in our work.

9. DO YOU FEEL THAT THERE IS A NEED TO IMPROVE ON THE SYSTEM OF DELIVERING JUSTICE?

The Indian judicial system is a system which is so overburdened, the backlog of cases are clogging the wheels of justice. That’s why people say once you enter into the court your life is finished. In India we have a lot of law commissions which keep on saying that the proportion of judges in India presently is 50 per million. So a number of law commissions have recommended that they increase the number of judges and increase the number of courts. This is one of the main reasons for the big backlog of cases. In the last few years, the Supreme Court on their own have been taking the initiative and has been acting as a motivating factor. That is why we have bought in arbitration, mediation, conciliation and negotiation. We also try to have more lok adalats. Now every month we have got a national lok adalat. We are trying to use alternate dispute resolution techniques, (ADR). So in this way we can at least convince people and try to settle disputes. So delivery in justice in the system can occur only if there’s quick delivery of justice, now because of the back log in cases, because of shortage of courts, there’s more and more cases that are piling up. Then the procedures that we have are so lengthy and every order is challenged in the higher court and this is also one of the reasons for delay in justice. So now we have fresh blood coming into the system and the country itself is a country of youth let us hope that they bring a change.

10. WHAT WILL BE YOUR SUGGESTIONS TO OUR READERS WHO WISH TO JOIN JUDICIARY? WHAT ARE THE ESSETIAL QUALITIES ONE SHOULD CULTIVATE?

To join the judiciary is in itself very challenging. A judicial post is not so lucrative, so, if you’re looking to becoming a millionaire than you shouldn’t be a judge but if you want to live and feel like you have some responsibilities to the society and want to give back to the society then it is the proper choice.

To be a judge you have to develop and be balanced in your approach, be open to criticism, put in a lot of hard work and you have to have qualities of being a good human being, believing in good values such as honesty. These days not only in India but throughout the world there is a lot of corruption in public life. Corruption in public life in India is becoming a major challenge. So a judge is supposed to be an epitome of honesty and have good basic values because ultimately we are all social animals, so we have to see in what way we can improve our society. That’s what I tell some of my friends. If you remember that famous poem by Robert Frost, Standing in the woods of a snowy evening, in which he says “the woods are lovely, dark and deep, but I have promises to keep, and miles to go before I sleep and miles to go before I sleep…” this is very inspiring as he says we have a lot of promises to keep. Keep this as you’re motive and you will be a big asset to the society because ultimately everyone thinks about himself first but it is not that we should be selfish but also think about others.
September 18, 2016
Mr. Dileshwar Naik, Prominent advocate and President of Vasco Bar Association, on his two decades journey in the legal field and advice to aspiring legal professionals
Mr. Dileshwar Naik, Prominent advocate and President of Vasco Bar Association, graduated in law from V. M. Salgaocar College of Law in the year 1997 and shares his views and experiences in his long and successful career. This Interview was conducted by SWITZY BRAGANÇA of GR Kare College of Law.

IN THIS INTERVIEW HE TALKS ABOUT:
- His inspiration to enter the legal profession
- Importance of Academics Writing
- His views on Human Rights Advocacy
- His advice to law students
1. CAN IT BE SAID THAT COLLEGE STUDIES PREPARE YOU FOR REAL LIFE PRACTICE IN COURTS?

Well, College years are full of fun, however studies are or atleast during my college days were limited to academics and it did not help much in real life practice in courts. Even mooting with academic interest just to score marks doesn’t help law students to succeed in legal field. The subject and the cases which are chosen should be with an eye on legal practice and more and more mooting with the help of expert lawyers will definitely help students when they join practice.

The best way to prepare for real life practice is to actively take part in the functioning of the court by perhaps joining a practicing lawyer and even through internships. The Practical knowledge and training which I received from my senior Mr. Ulhas Shetye helped me a lot in practice as I got lot of exposure from him.

2. WHAT SHOULD A LAW STUDENT DO IN YOUR OPINION TO SHAPE HIS/HER PROFILE IN THE LAW FIELD?

A law student should during their academics if keen to join practice should join some lawyers office or firm and take practical training which will help them to choose their specialization and also make them more confident and ready to take up the challenges when they join real practice in courts.

3. HOW IMPORTANT YOU THINK ACADEMICS WRITING IS FOR A LAW STUDENT WHO WANTS TO BE AN ADVOCATE?

Academic writings, as it is practiced currently, I believe are limited to examination and marks and a student who wants to be an advocate needs practical training more than academic writing. Exposure in various courts and learning the procedures in courts helps a person to be a better advocate than the one who concentrates only on academics.

4. WHAT INSPIRED YOU TO BECOME AN ADVOCATE?

My late father, who was a police officer always wanted me to be a professional rather than taking up service though I was more keen to become a police officer like my father. However, as time went on, I realized that I had an interest in the subject that is collectively known as law and this interest slowly tilted me towards the profession.

5. IS THERE ANY SKILL OR SECRET YOU PICKED UP OVER THE YEARS THAT YOU BELIEVE IS CRITICAL TO A LAWYER’S SUCCESS?

I would say your devotion and experience automatically improves your skills as a lawyer and more importantly a lawyer should agree with the merits of his or her case and prepare for the case. Similarly is your discipline and behavior in the courts and with your clients. One needs to be sincere to the client and the courts and follow the ethical values for success and it does not need special skills.

6. TELL US HOW YOU HAVE MANAGED TO HANDLE YOUR FAMILY AND LAW SIMULTANEOUSLY?

It’s a very tough question, because once you take up the legal profession you are a lawyer 24 hours a day and that very often makes it difficult to handle your family but that again depends upon your time management. A lawyer needs to plan the timings and that is how I have managed both family and law.

7. WHAT IS YOUR IN HUMAN RIGHTS ADVOCACY IN INDIA OVER THE NEXT DECADE?

There is definitely a change and a positive change in India and for lawyers to only depend on human rights advocacy, only time will tell. No doubt people are getting aware about their rights and privileges and education is playing a big role. So human rights violations are taken note by everyone.

8. DO YOU HAVE ANY PARTING ADVICE FOR ALL OUR READERS OUT THERE?

A lawyer who wants to make legal profession his ultimate goal then has to undergo hardships for at least the first five years, get well versed with the procedures of courts and educate himself and keep track of the latest developments in the legal field. Similarly lot of reading and being sincere to your clients, courts and to your colleague. Follow the legal ethics and prepare your case well in advance before you put up the case in court rather than last minute preparation like we are used to do for academical exams.
September 18, 2016
Gautami Raikar, Founder and CEO, Lawmate, on her journey from practice to entrepreneurship and the challenges faced by entrepreneurs
Ms.Gautami Raikar, founder of lawmate.in, graduated in law from G. R. Kare College of Law in the year 2013 and thereafter she started working as a project Coordinator at the Centre for Incubation and Business Acceleration (C.I.B.A) and is currently pursing her Masters in law. In 2016, she launched the website www.lawmate.in which provides services to entrepreneur and business startups to navigate the law and set up their businesses.This interview has been taken by ANANT DABHOLKAR of G.R KARE OF COLLEGE OF LAW

IN THIS INTERVIEW SHE TALKS ABOUT:
- What motivated her to enter the legal industry
- Entrepreneurship skills
- Challenges faced by Entrepreneurship and
- The need to reform Law
1. COULD YOU TELL US SOMETHING ABOUT YOURSELF AND YOUR JOURNEY INTO THE LEGAL INDUSTRY?
I am born and brought-up in Goa and have graduated from G.R. Kare College of Law in the year 2013. The reason I joined law is because I always wanted to be an advocate since my childhood.

I always thought of doing something different than getting into the routine practice, and so soon after my graduation I joined practice for some considerable time but it didn’t interest me much so I started getting into various other sectors which would get some interest in my profession. That is how where I am today.

2. WHAT COMPELLED YOU TO STUDY LAW?
I always thought of law as something good. I always had the passion to do law and I wanted to study laws which govern us so that’s a major reason. Further, I did evaluate my qualities as well and found that I am much of an outspoken person and I thought I will be able to deliver well for people considering the problems faced in the society, so that’s one reason why I always felt that I will do something in the field of law.

3. HOW WAS YOUR LIFE AT THE LAW COLLEGE?
Fantastic, right now I am more into dual job, where I am also an Alumni of G. R. Kare College law and I am currently working here as a junior executive, besides being a student of L.L.M course pursuing my second year in this college. The experience has been really good; I think the place where I’m today is only because of the faculty of the college, who have always given me the backing and motivation.

4. DO YOU THINK MOOT COURT COMPETITIONS THAT ARE ORGANIZED BY LAW COLLEGES, REALLY DO HELP THE LAW STUDENTS IN MAKING UP THEIR CAREER AS AN ADVOCATE?
Yes it does help and it does play a big role. Particularly in respect of the skills that are involved in advocacy, moot courts do play a very important role in polishing them. I think the students from first year itself should get themselves exposed to various national and international level moot-court competitions, since you gain a lot of experience.

5. DO YOU FEEL SUCH EVENTS ARE REQUIRED FOR ENTREPRENEURS?
Yes indeed, events such as not only moot-court but also other events like elocutions, essay writing also play a vital role when considering entrepreneurship skills. You need to know what are the possibilities and the problems the sectors are facing around you that is something where entrepreneurs play a major role.

So being a legal entrepreneur, it does play a very important role because you not only learn the skills required to be an entrepreneur but also you know the problem that are faced which helps a lot and really good to scale up the business in future.

6. WHAT MOTIVATED YOU TO ENTER INTO THE FIELD OF ENTREPRENEURSHIP?
Well, last year in 2015, I was working with Centre for Incubation and Business Acceleration (C.I.B.A), Where I worked as project coordinator and I was helping entrepreneurs with workshops and was also helping them understand various legal concepts there.

During that journey I felt that the entrepreneurs did not have a platform where they would get all these legal requirements and that was a major hurdle which everyone faces but none of them knew what was the best and suitable form of entity for their business.So that’s how I started doing research and I felt that in Goa there are engineering colleges that have entrepreneurship cells so I thought why not device the same in G.R. Kare College Of Law.

Right now G.R. Kare College of Law is the fourth institute if I am correct in India which is having an e-cell, so that’s how again it motivated me to initiate this in the year 2015 itself and by November 2015 I was ready with my business plan in C.I.B.A itself when I was working there and soon when I joined Kare law college as junior executive, I participated at Gujarat National law university for a business plan competition in the domain of law , where I won 2nd runners up, that was the motivational factor and in the month of may I launched my Business lawmate.in.

7. WHAT ACCORDING TO YOU ARE THE CHALLENGES THAT ARE FACED BY NEW ENTREPRENEURS WHILE BUILDING UP AND ESTABLISHING THEMSELVES IN THIS CAREER?
Various challenges that would be you identifying various problems that are faced in the legal sector in Goa or anywhere which you want to focus on and getting the research done for that area. Then the investment involved in it, what are the business plans , what will be your marketing segment all that plays a very Important role once when you start up.

But once you actually enter the line, I think it is pretty comfortable to go ahead as you have planned to do it, though scaling-up the business is quite a challenge considering the market and how you pick-up the clients.

8. WHAT IS YOUR OPINION ABOUT THE LAWS RELATING TO ENTREPRENEURSHIP? IS THERE A NEED TO REFORM THEM?
Yes definitely. I have taken the same topic for my dissertation in L.L.M. Lesser legal compliance by M.S.M.E in Goa due to inadequate state section.

Now M.S.M.E laws are dependent on states, who do not have central legislation like micro medium and Large scale Enterprise Act, Factories Act are there, I do agree with that but In Goa I also noticed that though we have a Goa Investment Promotion Board, which solely looks into the Business sector for giving them the investment for their business but that’s more into a large scale enterprise.When you consider the micro or the small medium enterprises they are not given much support by the government I terms of schemes as well as understanding the legal compliance.

Now if you consider in Goa, I think if you ask any of the entrepreneur what is the difference between a sole proprietorship and one person company or L.L.P and partnership none of them are able to understand it because most of the senior advocates and C.S or C.A they do not give them this information so law mate will play this one query as an important role on Goa’s part to help the entrepreneur.

9. WITH RESPECT TO THE PRESENT STATE OF LAW AND MOST SPECIFICALLY THE JUDICIAL SYSTEM, DO YOU THINK THAT THE JUDICIAL SYSTEM HAS BEEN COMPROMISED?
Yes, I do agree with that and that is one major reason why I left my practice because I thought that law is pretty well compromised in India.

I do not blame the judiciary for that, as a lawyer I have to respect it, but it doesn’t fall into my conscience to get adjournment when the matter could have been resolved within time so that is one major reason why I left my practice and I thought of getting into sectors which can do well in legal industry. So that is how I thought of becoming an entrepreneur.

10. WHAT IS YOUR MESSAGE FOR NEW AND UPCOMING YOUNG ENERGETIC LAWYERS?

There are lot of problems faced by people particularly in the legal field so new upcoming lawyers have to think and focus in that particular area too.I would say they as students of law should not only restrict to practice, you need to think out of the box. I think there are many avenues which law students can do. The concept is being coming up in national law schools and I really want this to come up in Goa, I am looking forward to more legal entrepreneurs from the state of Goa.
September 8, 2016