Your journey has been quite diverse, spanning law, journalism, and corporate communications. Can you tell us what initially drew you to pursue a law degree at Symbiosis Law School, Pune?
I’ve always been a voracious reader and a tenacious writer. Early on, I recognized the importance of aligning one’s skills with career goals to truly excel. Both the legal profession and journalism seemed to perfectly match my pursuits. Ultimately, I chose to study law over journalism, drawn by the profound opportunity to enable justice, a cause that deeply resonates with me.
After obtaining your law degree, what motivated you to transition into the field of journalism, and how did you balance these two distinct career paths?
I feel there is an innate overlap in both professions. They both involve observing and studying extensively and then distilling all that knowledge into precise words. Although, as a lawyer, you bring your unique perspective to a set of facts, as a journalist, you state facts and help people form a perspective based on the set of facts. Both professions have the same underlying skill, i.e., drafting.
So, the transition for me was fairly easy. Once I entered law school, my forte and my passion for writing further solidified. I started working as a journalist part-time in college, which opened my horizons to the world of legal journalism, legal content and legal marketing as lucrative professions.
You’ve been recognized for excellence in both journalism and law. How have these two disciplines influenced each other in your professional life?
I have been passionate about both professions, so I started as a journalist while in law school, transitioned into a lawyer post law school, and then saw an opportunity to integrate both as a legal reporter and started working for a US publishing house. Taking a step beyond legal journalism into legal marketing was natural since the way to success is the continuous pursuit of knowledge. Right now, I am working in the field of law and using my writing skills to bring clarity to legal perplexities, as well as helping the firm that I work with augment its business.
As someone who manages content and media outreach at Fox Mandal, what strategies do you employ to ensure that the firm’s thought leadership and brand voice are effectively communicated?
Over the years, I have realized that adding value with consistency is the key to any initiative. As soon as we take up an issue or subject to write about or review, we check whether we are adding value or adding to the noise. If much is already out there, we try to explore new angles or new forms that the content could take, thus adding value or variety. Similarly, when it comes to the brand voice, we ensure that the value we intend to offer is clearly communicated. Clarity in thoughts and simplicity in words make communication much smoother. Then comes consistency, which embeds trust in the advertised capabilities and transforms average into excellence.
Your role involves extensive legal writing and communication. How do you maintain editorial governance to keep the content consistent with the firm’s style and tone?
As a law firm, it is expected that publication is done with adequate research and analysis. Honoring that responsibility, every draft goes through multiple levels of reviews and revisions. Apart from that, internal training is conducted periodically to ensure that firm members write responsibly with a lot of conviction. Templates and suggestions are regularly shared to maintain consistency. In addition, subjects are approached objectively, keeping all preconceived notions and interpretations aside.
In addition to your legal and communications expertise, you run a successful YouTube channel. How did you get started with that, and how do you manage to keep your content engaging for your audience?
As a first-time mother, there were new things I was learning each day, and I realized that the amount of guidance for new mothers was very limited at that time. The channel was created with the intention of simultaneously disseminating the knowledge I was gaining. Since my intention was never to monetize it or turn it into a career, the channel is only active when I come across something novel that I feel deserves to be out there.
You have been a speaker and judge at various legal competitions and events. What has been the most rewarding part of participating in these activities, and how do they contribute to your professional growth?
These opportunities have been instrumental in my self-learning journey and have significantly catalyzed my professional growth. The insights gained from these deliberations are unparalleled, providing a unique chance to expand my knowledge while contributing to the discourse. Additionally, witnessing the caliber of the next generation of legal professionals is refreshing. They are focused, savvy, and eager to learn, painting an optimistic picture for the future of the profession.
Given your extensive experience and accomplishments, what advice would you like to offer to fresh graduates who are just starting their careers in law and communications?
Identify and hone your natural skills. There are multiple options, and it sure brings in more chaos and confusion, but one needs to test the water before identifying one’s calling. Internships are a great way to navigate this clutter. It does not have to be with a premier law firm, it can be with a lawyer in your hometown or part time in the city where you study. But once you land any opportunity, try to question and understand the entire process involved. Don’t just be a cog on the wheel, try to comprehend the role the cog plays in moving the vehicle. Sometimes you may need to expand your area of operation, and this knowledge grants you the elbow room to explore your passion and prowess.
The content of this Article does not necessarily reflect the views/position of Fox Mandal & Associates LLP but remain solely those of the authors.
Can you share with us your journey into the field of law? What motivated you to pursue this career path, particularly focusing on corporate and securities laws?
It was continuously new learning every day and at every stage of my journey in the field of Law. After my law college and enrolment at Bar Council my first Guru is Sr. Advocate Mr. Kamal Nayan Choubey. He is one of the best Sr lawyer and legal luminaries practicing at Patna High Court. I have learnt a lot from him. He taught me court crafting and also taught me how much dedication is required to practice the law. During Practice I have also worked as Advocate Member at Mobile Lok Adalat under Bihar Legal Services Authority, also while practicing as a junior advocate associates with Sr Advocate Mr. K.N. Choubey I was thinking and dreaming about the in-house counsel’s/Legal Managers role in the corporate houses who earns well and dresses well, although my senior K.N Choubey ji was not in favour me to join any corporate houses.. as he used to say and pass comments on me jokingly that what In house counsels earn monthly you can earn more than that daily. But I had decided to join corporate house so started as Legal Manager at Pacific Development Corp Limited (Pacific Group, Delhi), then joined Treasure World Developers Pvt Ltd at Indore M.P, then returned to Delhi again and joined Omaxe Ltd. as Chief Manager Legal, then GM Legal as SGS Group and presently working as Head of Legal at a large conglomerate MBD Group, it is clarified here that while you work as Head of Legal team then you have to have good knowledge in all field of Law, not specific. However, during my journey additionally, I did LLM in Corporate and Securities Law, Diploma in Cyber Law, PG Diploma in Human Rights, which helps me while dealing with the matters pertaining to the respective laws.
With such a diverse educational background ranging from botany to law, how do you think your interdisciplinary knowledge has influenced your approach to legal practice, especially in the realms of corporate law and litigation management?
In the initial days, after my 10th I wanted to become a Scientist who has knowledge of plants/medicines so that I can formulate life saving drugs and Plant tonics, hence in 12th course taken Biology and thereafter in graduation Botany Hons. However, a litigation in my family changed my journey from Scientist to Lawyer/In House Counsel. Certainly the knowledge of Science always helps me in thinking systematically and with utmost patience in finding the right solution to any situation, because study of science requires a systematic approach and patience for the end result.
You’ve worked with various esteemed organizations in different capacities such as GM-Legal, Corporate Counsel, and Chief Manager-Legal. Could you elaborate on how each role has contributed to your growth as a legal professional?
Fortunately , I always got the lead role in the Legal Team in my past organizations since starting as Legal Manager in Pacific till Legal Head in MBD, but yes each role has contributed to my skills and experience whatever I have at present time. Every organization has its own working style/process and each organization teaches something new, Like, while I was appointed first time Legal Manager then I learnt how to work in the corporate culture which is altogether different from working with a law firm or designated Sr Advocate. Nature of work is also different. As inhouse counsel you work as a Client who knows the Law/court procedure and deals with the matter through external counsel. As Inhouse counsel, I have learnt how to mitigate the Legal risk, and started thinking like a Business man so that transactions can be materialized in a legal framework, also Team handling is a major learnings which came over the period of time.
Having handled litigations across a wide spectrum including commercial disputes, arbitration, consumer forums, and more, what do you consider as the most challenging aspect of litigation management, and how do you navigate through it effectively?
I have learnt that for proper management of any litigation of any nature the main thing is the collating the documents and relevant information pertaining to the case, management of case files, means one should must have grip on the facts of the matter and complete documents handy in the court , what and when to be presented before the court that is called court crafting and handling of litigations. Proper management of facts and documents increase 80% chances of winning the case and 20% merit in the matter. You do not require to explain to the Court what is Law but require to present your matter/facts events wise with all the supporting documents/information.
Your expertise extends to drafting a myriad of legal documents and agreements. Could you walk us through your approach to drafting and vetting contracts, ensuring clarity and legal compliance?
I personally enjoy drafting, vetting and negations on the terms of the Agreement and drafting/vetting of the Legal Documents. It is an art and comes gradually when you practice more and more. While drafting I start visualizing the events and consequences of the things not covered in your drafting. For example, if I draft any Construction Agreement on behalf of the Owner who desires to build a building on his plot, then I place myself in the place of Owner and think like Owner and start visualising the consequences of not covering in the Clause of the specific events which eventually shall take place.
As a legal head, you’ve been involved in mergers, acquisitions, and other corporate transactions. What strategies do you employ to ensure smooth legal processes in such complex endeavors?
I try to understand the exact requirement of the Management/Stakeholders and then start collating the data/information and documents. Thereafter we make a team of professionals who shall perform the work in a legal framework and achieve the desired goal.
Over your 16+ years of experience, what have been the most significant shifts or developments in corporate law and litigation management, and how have you adapted to these changes?
There are several changes taken place and still going on day by day, like some Acts/Law changed such as Company Law, amendments in Arbitration, RERA law introduced, forum changed like Company law board to NCLT, new RERA and Tribunal introduced, also some new Acts introduced like Insolvency and Bankruptcy Code and for litigation management changed from manual management to digital management. Legal profession requires regular updates and demands one should be always adaptive with the changes either in law and technology.
Finally, considering your vast experience and achievements, what advice would you offer to fresh law graduates aspiring to embark on a similar career path in the legal field, particularly focusing on corporate law and litigation management?
I would suggest being dedicated and focused on the subject, because it is not a part time job. He or she has to read apart from basic course materials all the subject related to corporate/commercial such as Company Law, Contract Act, Securities Law, SEBI Guidelines, Consumer Law, Arbitration, Competition law, IT Act, Data Protection Law, Cyber Laws, Partnership Act, Specific Relief Act, Bankruptcy & Insolvency Law, SARFAESI, Tax Laws, Employment Laws, T.P Act, RERA, PMLA, etc. It is also pertinent to mention herein that during study of law at least basic requirements of this profession should be well prepared.. such as command over the English language, knowledge of basic computer knowledge, knowledge of words, excel, power point, video conferencing ..means he or she should prepare him/herself to be well versed with the Technology/tools and systems used in the court proceedings. Reading habits of Judgements/orders and case study shall help in increasing the understanding of the delivery of judgement/order and thinking of the court on the subject matter. One should also visit the court to understand the business of courts.
Looking back at your remarkable 34-year career, it’s evident that you’ve broken barriers and achieved significant success in a field where women were once a minority. Could you share some insights into the challenges and difficulties you faced during the early years of your career, and how you overcame them to establish yourself as a leader in corporate law?
I love this question. In the corporate world, lawyers are often viewed either as impediments to the goals that ambitious sales folks are trying to achieve or ones who should suggest mechanisms to navigate around the blockers. Several times making your point of view heard in a room full of ambitious young men who had pre-decided the path forward was an enormous challenge. The only good point is that companies will not proceed until they have the legal sign-off so you surely had the last word but then your word will decide if you made enemies (lawyers certainly don’t make friends) or were perceived as difficult. I always viewed my role as a solution provider and what worked was to always share 2-3 options for the group to decide and weigh their risks. As a young professional, I always classified those options as High-risk, Medium-risk and Less Risk for the group to decide. Yes, you could say that this is more CYA, but I certainly did not wish to be seen as a blocker.
Your career spans across diverse industries and roles, from telecom to multinational retail and now law consultancy. What drove you to make such transitions, and how do you think these experiences have shaped your perspective in corporate practice?
I see my Legal role as a Risk Consultant. To add, I was passionate about learning new industries. Fortunately, the early 1990s and the liberalisation wave that set in our country brought several new industries into existence – Mobile Telecom, Business Process Outsourcing (BPO) and Technologies like Optic Fibre Networks and also infrastructure expansion. I recall, there were several Public-private sector partnership opportunities that came up. My employment with ICICI as a legal counsel exposed me to study and approve/ disapprove of legal covenants to cover risk when the organisation was sanctioning project loans to companies that were being set up in these sectors. The “thirst to learn” was a key driver. Mind you, Google was only born in 1998 so it was all hard work to find material, study them and identify risks and mitigations. And then when US MNCs started to set bases in India for outsourcing their business processes, I was perforce exposed to draw balances between the laws that governed those firms in the EU/ US and the laws that are applicable in India. I remember my stint with the BPO arm of General Electric when we had to educate our Indian employees to be familiar with FCPA (Foreign Corrupt Practices Act, 1977 of the US). The list goes on as I dabbled with more EU firms (like my stint with the Finnish-German Nokia Siemens and later with Metro Cash & Carry, AG) and this shaped me to become who I am today. In summary, “Learn and Be Curious” – which I understand is a leadership principle of today’s Amazon, is in essence I imbibed as an individual, quite unknowingly and intuitively.
Your work includes managing legal and compliance functions across various multinational companies. Can you share a particularly challenging situation you faced in this role and how you managed to navigate through it successfully?
One such complex instance was with my previous organisation Levi Strauss. I was their General Counsel in India and the parent organisation decided to sun-set their brand “Denizen” in the Indian market. Denizen as a brand within the company had its own set of merchandisers, retail agreements, procurement and supply chain and XXXX. While the US laws are more flexible on “firing” of employees as an outcome of business decisions, the Indian laws are not as flexible. Drawing an optimal balance was challenging and complex. You had to manage local employee morale, not draw unwanted attention from any Govt department and also educate and convince my US counterparts on the best outcome. There were long and serious discussions with the India CEO, US Legal counterparts and Finance, HR. I am proud to say that we managed it extremely well and with immense employee satisfaction and complied with all local regulations. Shaking hands (the final one) with more than 100 franchisees and distributors without a single legal notice or dispute was nothing short of a feat.
As someone who has worked across different cultures and countries, what do you think are the key skills needed to effectively communicate and negotiate in a global business environment?
There are 4 skill sets for a corporate lawyer and they work across cultures and geographies. You need to be an “active listener” – understand the problem right, be “patient” – 99% of the times, the first answer you hear from your stakeholder on your solution is “not acceptable” or “learn from other companies in the market which are doing this anyways”; third one is “do your homework” – remember you are solution provider and risk manager, so study in-depth about the issue and potential implications of your solution and last one is “don’t be diplomatic” – a lawyer needs to “show the mirror” to the CEO. Being ambiguous, using legalese and trying to please may work for your career in the short term but then remember, you are not in for the long haul.
You’ve had a unique journey, including working with companies like Levi Strauss & Co and Metro Cash & Carry. Can you share a memorable experience or lesson learned from your time in these organizations?
The most important lesson before I share any experience is that working for a firm headquartered in Germany (Metro Cash & Carry) is vastly different from a US headquartered multinational (Levi Strauss & co). I was the GC in both these firms. Both countries are economic powerhouses in their continents but their ways of working, their etiquettes, their leadership & management styles, and their focus on metrics are vastly different. For example, while some prioritised “shareholder return” more than “employee experience”, making that shift in mindset was very challenging for me. So when I was at Metro Cash & Carry, all my learnings until that time came to be of not much use (I had worked mostly with US MNCs until then) and I had to unlearn a lot of them to find my way through with the German leadership.
Your career has seen you handle high-stakes litigations and complex negotiations. What personal qualities or attributes do you think have been most instrumental in your success?
I think this question has a high degree of overlap with the question above on “key skills needed”. Remember you are a “solution provider” and a “risk mitigator”. And so not being diplomatic works for you. The journey is difficult and you need to learn to be “lonely” because you are perceived to be “difficult” in the organisation despite your best efforts because you are always “showing them the mirror” and people don’t like to hear counter-viewpoints. You build your credibility slowly and then comes a point when you are consulted on every minor matter before the company. I must share that this is not easy for at times I have to let go of my personal time/ vacation to solve an issue. Family support has been the key here for they understood my situation.
You’ve been involved in significant projects like the amalgamation of Tata Group’s telecom business with Bharti Airtel. What are some key takeaways from managing such large-scale endeavours, and how do you ensure smooth execution amidst various challenges?
Being open to a collaborative and inclusive approach is essential in navigating large conglomerates where various key stakeholders have their own mandates. Synthesizing those mandates and bringing everyone together to address the common cause (the deal) is key to the success of both the deal and its torch-bearer.
Outside of your professional life, do you have any hobbies or interests that you’re passionate about? How do you unwind after a long day at work?
I am passionate about music and long drives .. like super long drives with my family. For a large part of my life my Pets who are no more “Cindy, Sophia, and Socks” were my lifelines. Their unrequited love for me was a big factor. Caring for them, and playing with them was my way of unwinding. One more pet who is still alive “chutki” gave me company when for 6 years I was stationed alone in Bengaluru (my family was in Delhi). Back then, I looked forward to every Friday to fly back home. That simple thought of flying back every weekend was an adrenaline rush for me. I love nature and have a keen eye. For example, the other day while walking on the street, I showed my family an owl sitting on a lamp pole. These are small and simple events that give me immense joy.
With your expertise in areas like intellectual property, corporate compliance, and labor laws, what advice would you give to young professionals aspiring to pursue a career in corporate law, especially in navigating the complexities of the modern business landscape?
Today’s youngsters are way smarter than me. I don’t think they need any advice from someone like me. I can only offer one advice and that is to develop life skills that are not taught in the classrooms today and kids of today have mostly been protected and provided for in an intense manner. For example, I am not aware of any subject that teaches you to “maintain your cool when the world disagrees with your POV” in the boardroom. You will be flooded with instances where you have to walk on water (not be diplomatic yet you also wish to rise in your career graph) and that for sure is not there in any textbook. They also need to prioritize physical health along with mental well-being. Saying anything more will be preachy.
Reflecting on your extensive career and the changes you’ve witnessed over time, what differences do you perceive between today’s generation entering the workforce and those from when you began your career? Additionally, where do you believe today’s generation could focus more on enhancing their professional development?
Today’s generation is much more suave, articulate and well-informed. Some of my interactions with young ones impress me no end. For example, the other day I was a judge at a student event at NLU Delhi and the subject of contract negotiation was tackled by students (who probably have never negotiated in real life situation) in a manner and with such imaginative situational responses, it really left me wanting to go back to school with them.
Can you share your journey from practicing law in India to your current role as a Legal Advisor for the Magistrates in the UK’s Ministry of Justice?
To begin with, I did my B.A.L. LL.B. , five years integrated course from University Law College, Bangalore University. In October 2010, I was called to the bar after completing my All India Bar exam and immediately after being called to the bar at the Karnataka State Bar Council, I started practicing. I started practicing under a senior and my main practice area involved insurance, banking, domestic arbitration, and other civil matters. Along with this, I also used to practice before the Debt Recovery Tribunal.
After practicing for over four years in Bangalore, I moved to London to do my Master of Laws post-graduation from City University, London. My areas of specialization were Alternate Dispute Resolution and Civil Litigation in reference to the UK law. I completed my post-graduation in 2015 and my final dissertation as part of the course was about International Investment Treaty Arbitration. After this, I had to move back to India because of Brexit issues and I joined a startup company in Bangalore as a legal counsel. After working there for less than a period of six months, I joined Tatva Legal Bangalore as an associate in their litigation team. Working at Tatva Legal gave me a wide exposure to the other fields of law namely Corporate Law, Corporate Litigation and International Commercial Arbitration. In 2016, the New Companies Act and Insolvency & Bankruptcy Code were passed in India and as a result the National Company Law Tribunal were established. I started practicing before the NCLT for a period of two years.
In 2019, I got an opportunity to work with the Financial Ombudsman Service, London as an investigator/ adjudicator. This role gave me an opportunity to resolve disputes in a quasi-judicial setting. I had to take a small break during the COVID lockdown to attend to my personal work.
In 2022, I started applying for Civil Service roles in the UK. Civil service recruitment in the UK is based on open competitive examinations.
These posts are advertised and applications are invited from eligible candidates, preferably candidates with law degree or experience in a common law jurisdiction. In August 2022, I cleared my competitive examinations and I was appointed as a Crown Court Advisor/ Clerk. I was mainly responsible for most of the administrative and procedural functions of running the Crown Courts. I got a very good opportunity to understand the criminal justice system in the UK. After having worked for one and a half years in this role, I got an opportunity to be promoted through an internal campaign and after having cleared my interview and other written tasks, I was appointed as a Legal Advisor for the Magistrates in the East London local justice area. I have been working in this role for the last two months.
How did your experience in litigation, merger & acquisition, insurance, and international arbitration prepare you for your role as a legal advisor at His Majesty’s Court & Tribunal Service?
As we all know, India is a common law jurisdiction, and this acted as an advantage for me. My litigation experience in India gave me all the understanding and the tools required regarding the court procedures. Because of this experience, I wasn’t a stranger to the legal system in the UK, even though there are a few procedural and other administrative differences between the two countries, the overall legal system is very identical. Because of this, I was able to understand, implement and do my best in the roles that I have been performing in the UK till now.
My litigation experience in India helped me in clearing my Bar exam in England and Wales, and also in my applications, written tasks and interviews for the legal positions that I applied for in the UK.
My experience in the field of insurance was advantageous when I worked at the Financial Ombudsman Service. My main responsibility at the Financial Ombudsman Service was to deal with insurance, banking and pensions disputes between the customers and the businesses. Having practiced insurance law for a period in India, it was easy for me to understand the concept, the difficulties and the nature of cases that were brought to the Financial Ombudsman Service for investigators or adjudicators like me to resolve. My experience in the field of domestic or international arbitration helped me in almost all the roles that I have been performing till now.
What inspired you to pursue a Master of Laws in Civil Litigation & Dispute Resolution at The City University, London, after practicing law in India?
In the year 2010, when I graduated with my law degree, it was sort of a practice for every other law graduate to go abroad to pursue Masters. I have had a few friends who went to the UK, the US, Australia and other places to pursue their masters. I had an opportunity to speak with them about their experiences, their expectations, and the advantageous position that they were in when they returned to India.
In my experience and understanding it is a bit important for any legal professional to have a specialization in one or more fields of law and I was very keen on specializing in at least one field of law which could give me an advantage over other candidates when it comes to the job market and this was one of the reasons why I decided to pursue my Masters.
However, I was not sure about which field of law I wanted to specialise in. Initially I started my practice in insurance and banking law, then moved on to property law, then moved on to other fields of law. I wanted to make sure that I understood which field of law I would like to specialise. This could have been possible only by my own experience and work rather than anyone’s advice. After four years of practice, I realised that alternative dispute resolution was my field of interest and that is the field in which I would prefer to specialise in.
How has being dual-qualified as a Barrister in India and England & Wales influenced your legal career and approach to practicing law?
It was always my aim or dream to qualify as a Barrister in England and Wales. Also, being a person interested in history and having read about many well-known jurists, freedom fighters and other people who have been in some of the very responsible positions, I realised that most of them were Barristers. I’ve heard the argument that it doesn’t require a qualification for a person to do great things. However, in my view, I was always interested in belonging to the list of people from India who are qualified as Barristers in England & Wales. Being a dual qualified Barrister does have its own advantages. I get to practice or work in two jurisdictions. It is also a very prestigious and respected profession in both the countries. I have had the opportunity of practicing before the courts in India and working in the courts in the UK. I believe this dual qualification has allowed me to work as I always wanted to. The dual qualification has also given me the advantageous position when it comes to applying for various positions or for my professional growth.
Could you elaborate on your experience as an Investigator and Adjudicator at the Financial Ombudsman Service in London and how it shaped your understanding of dispute resolution?
The Financial Ombudsman Service (FOS) is a service which resolves disputes between the businesses and the consumers without having the customers go to the courts. The legal system or the court system in the UK is very expensive when compared to that in India. This is one of the reasons why consumers or common people would like to bring their issues to FOS to be addressed. FOS deals with almost all types of commercial and business disputes including insurance, pensions, banking, credit, frauds and scams etc.
The role of an investigator or an adjudicator is to listen to both the parties, be impartial, unbiased and decide in the favor of the party which is right. This could involve penalizing the business or asking the business to do something that they are expected to do. I had the opportunity of working and resolving disputes in the insurance and banking team. I had the opportunity to resolve disputes in the Insurance, Banking and Pensions team. This gave me an opportunity to understand the various requirements, the way of interpretation of the law and drafting judgements. It also gave me an opportunity to speak with experts in the field of law and business to enable me to decide the disputes. Further, it gave me an opportunity to understand the quasi-judicial setup in the UK and the procedure for parties to go to the courts or tribunals to resolve their disputes. This role prepared me for applying to other legal based positions.
What unique challenges have you encountered while advising lay Magistrates on legal matters and procedural issues at His Majesty’s Court & Tribunal Service?
Magistrates in the UK are also known as Justices of Peace. They are individuals from all walks of life who are passionate about making a difference in their local communities. This role is a volunteer role. Magistrates are people from all walks of life, usually with no legal qualification or training. The legal advisor sits with the magistrates in the courtroom to advise them on the legal procedures and the rule of law.
No two days are the same for a legal advisor as it depends on the experience of the magistrates, the type of cases and the number of cases that are heard. As a legal advisor, we are expected to not only know the law, procedure but also the facts, recent developments in the field of law, recent judgments that might affect a particular case.
The legal advisors are in a unique position as a lawyer. They are not fighting a case from a particular side, but instead looking at the law itself and ensuring it is applied in the correct way. A legal advisor acts with a judge’s hat on rather than as a stereotypical lawyer. This role places me at the heart of the criminal justice system. It is not only about advising the magistrate, but also assisting the parties who are unrepresented.
As someone deeply involved in both Indian and UK legal systems, what differences have you observed in the legal cultures and practices between the two jurisdictions?
India is a mix of common law and civil law however, mostly adheres to the common law principle just like the UK. The judicial system in India is highly influenced by that of the British system which was framed and practiced pre-independence. The system is very identical and as such is not difficult for an experienced lawyer to understand.
Some of the differences that I could point out between India and the UK legal systems are the volume of cases (due to population), the time in disposing of the cases, the police system, and the working of various other departments that are involved in the administration of justice.
The major difference is that administration of Indian courts is managed by the judiciary themselves. However, in the UK it is managed by the organization which I’m part of called His Majesty’s Court and Tribunal Service (HMCTS).
The practice and procedures are very identical, the court language used are very similar, the civil procedure, criminal procedure, admissibility of evidence are all very identical as well.
Overall, the Indian and the UK legal system are identical and they’re also complementary to one another.
Lastly, what advice would you give to recent law graduates aspiring to pursue a career in litigation, arbitration, or judiciary, considering your diverse experiences in the legal field?
I do not consider myself to have the experience to advise law students, however being a first-generation lawyer in my family, I had very little advice when I wanted to choose law as a career. This resulted in me waiting for a number of years before I could understand and decide what and how to do things. As such, I am keen on advising law students, especially first-generation lawyers who do not have much exposure or understanding about this profession.
As said, the legal profession is a noble profession. One must have a lot of patience to survive and to do well in this profession. It is a very long and tedious process to become a lawyer and to specialize in a particular field of interest, and to make a name for oneself. But this should not deter anyone from pursuing their dream. Majority of my professional dreams have been fulfilled as I speak. My next and my aim is to enter the Judiciary which in my view will happen in the next few years.
Believe in yourself, work hard as there is no substitute for hard work and get the right advice from the right people.
Career in law need not have to be restricted to civil or criminal practice; there are various fields of law that one can excel in. Make the right choice, take your time, get the right advice and follow your dreams.
Can you share the journey of how you decided to pursue a career in law, especially with a focus on Government Litigation ?
Firstly I would like to thank Superlawyer for this interview and convey my deep appreciation for their endeavor. Law graduates would find my insights useful while planning their professional journey.
Being the second generation lawyer, law was the obvious choice as I have been watching my father attending court. Also the fact that law is one such mechanism which touches human lives .It is one such avenue which can bring about positive changes in this inequitable world.
I got through the National Law Institute University , (NLIU) Bhopal in 2007.I started my practice at Allahabad High Court. After the elevation of my father as a High Court Judge, I shifted to Delhi to practice at the Supreme Court in 2013. One does not start with government litigation in the formative years . I landed with ‘government panels’ after spending considerable time in private practice. By God’s grace , I have been continuing the work for the past many years before the Supreme Court and different tribunals across Delhi. It’s indeed a privilege to be part of a competent team of government lawyers where I get to work on complex and high profile cases. I have gained considerable experience while representing State Governments and Corporations.
With extensive experience in dealing with both State Governments and Corporations, can you highlight a particular case that has been the most challenging or memorable in your career so far?
I have been extremely fortunate to have worked on a wide range of cases.While every case I argue is close to my heart , but the one that stands out is the service matter in which I appeared as a standing counsel on behalf of the Delhi Transport Corporation before Delhi High Court. An Employee had resigned after rendering 29 years of service.The court was inclined to grant relief on equitable ground. I could successfully convince the court that the word “resignation” and “voluntary retirement” cannot be used interchangeably in the case of an employee and thus not entitled to retiral benefits.
Another satisfying case has been of a gazetted government officer wherein I was able to secure the quashing of criminal proceedings as well as divorce under Article 142 of the constitution from the Supreme Court . There were multiple cases lodged by his wife in different districts.
I have had the opportunity to assist the Senior Advocate/Advocate-on-Record(s) in several high profile cases like CBI autonomy ,Triple talaq Article 370 etc to name a few.
How did your academic background shape your perspective and approach towards practicing law?
Apart from my legal background , I believe my law school NLIU played an important role in shaping my personality.Be it moot court participation or time bound completion of research papers involving rigorous research or internships with top law firms have all contributed to my professional growth . The interdisciplinary approach taught there has also enabled me to develop a broader perspective which is helping me to diversify my practice .No wonder , I never found any hurdles in adapting to the distinct practice culture of the Supreme Court after shifting to Delhi from Allahabad (now Prayagraj) in 2013. I cracked the Advocate-on-Record (AOR) exam in my very first attempt in 2019.
It has been an enriching experience to represent the Government of India ,Uttar Pradesh and Uttarakhand before the Supreme Court of India. I also appear before different High Courts like Allahabad , Chandigarh etc frequently.
You have an LL.M. in Cyber Laws and have published articles in prestigious journals. How has the specialization in Cyber Laws influenced your practice, and what challenges do you often face in this dynamic field?
After some years of practice, I wanted to pursue post-graduation However it was not possible to leave active practice and pursue studies. Coronavirus Pandemic provided me an opportunity to pursue a two year masters’ program in Cyber Laws from School of Law and Legal Studies, Guru Gobind Singh Indraprastha University [GGSIPU], Delhi. These two years not only gave me invaluable insights, but also provided me with an alternative perspective that is going to benefit my career as a lawyer.
E-commerce in India is moving forward by leaps and bounds. With it , there are bound to be cyber crimes.We all have seen critically acclaimed web series ‘Jamtara-Sabka Number Ayega’ where the phishing, a type of cybercrime, is undertaken in an organized manner by the village teenagers . I believe that the role of Artificial Intelligence (AI) in the realm of cyber security looks promising.The challenge remains to be seen in respect of effective implementation of AI systems given the fact that such systems are going to be trained in safeguarding data.
As an Advocate-on-Record, you’ve appeared before various courts and tribunals, including the Supreme Court and High Courts. Could you share some insights into the differences in presenting cases in these forums and how you navigate through them?
I believe the approach varies from court to court.This is due to the fact that the jurisdiction of each court is different . For instance, the Supreme Court is not only the highest court of the land but also the final court of appeal.This mandates lawyers taking a different approach which one would not take before High Court or Tribunal(s). It is like identifying the error committed by Court /Tribunal below and presenting it in a limited time frame before Supreme Court judges. The case with the High Court(s) is different as lawyers have the liberty to argue at length.
Practice in Trial courts involve more procedure laws while Higher courts involve mostly appellate or writ jurisdiction dealing with legal issues relating to substantive law. Facts are the main weapon of choice before the Trial courts while Higher courts deal with nuances of law.However, I would add a caveat. Facts are the backbone of every case irrespective of courts involved and lawyers should always be well versed with them .If left to me , I would say that every case is decided on the facts and law helps in unearthing the truth and reaching at the correct conclusion to promote justice.
Given your interest in writing articles and being invited by universities to judge legal events, how do you balance your advocacy work with these academic pursuits, and how do they complement each other in your professional growth?
Being an Advocate actually provides the satisfaction of directly representing the ‘aggrieved’ before the court. Whereas writing legal articles or mentoring law students reflect my commitment of giving back to the legal fraternity.
Both Advocacy and Academic pursuits might be distinct but they are essentially complementary. Writing articles or mentoring allow me to engage with burning legal topics on a broader scale. It provides me a platform to share my knowledge
and insights with my peers. It would be wrong If I don’t admit that writing brings about an in-depth understanding of the legal principles. Meeting ‘like-minded’ professionals is another advantage.
Thus balancing practice with academic pursuits is challenging but immensely fulfilling.
You’ve worked with different government bodies, including the Government of India and various state governments. What unique challenges or considerations arise when representing government entities compared to private clients?
I have been appearing before the Supreme Court of India , Delhi High Court, NCLT, NCLAT, and NCDRC. With over a decade of experience, I personally feel that the case of Government bodies is often strong legally but lacks either professional advice or proper representation. For instance, crucial evidence is not adduced or documents vital for adjudication of the case are not annexed before the Court/Tribunal(s) .Such instances have led to the dismissal of cases before Supreme Court having financial ramifications.
When entrusted with a case , I try my best to go through the records thoroughly and ensure superfluous claims are nipped in the bud and genuine claims, if any , remain for adjudication. Professional fee offered by the Government bodies is although meager but the volume of cases give consistent opportunity to appear before the Courts which enhances one’s nuanced understanding of law , not to forget court craft.
Private clients on the other hand approach lawyers after taking painstaking research about the reputation one enjoys in the market. I found such clients smart and attentive. But the problem crops up when it comes to managing their
expectation especially at a place like the Supreme Court where the dismissal rate of cases is high at the admission stage.
I have been fortunate enough to get the best of both worlds. It has been so far a transformative experience that has broadened my horizons and equipped me with the skills necessary to handle extremely challenging propositions.
As a Managing Partner of Avika Law Offices LLP, and with reported judgments to your credit, what advice would you offer to law graduates entering the profession, particularly those interested in government litigation ?
My journey from a law student to Managing Partner of Avika Law Offices LLP has been a rewarding experience. I would urge law graduates aspiring to enter this dynamic profession to look for good mentors. It is extremely important to have a good chamber in initial years which lays down a strong foundation. Embrace lifelong learning considering the vastness of law as a discipline. Constant updation is sine qua non .Go for additional qualifications to hone skills .There are no shortcuts in this profession. Always uphold integrity.
Lastly, frequent interaction with peers and legal professionals is a fruitful idea as
It provides both guidance and opportunities in the profession.
Your career has taken you from India to Dubai and now to Toronto. Transitioning between legal landscapes and cultures can be both professionally and personally transformative. Can you share insights into your journey and how you navigated these transitions, both in terms of your legal practice and adapting to new environments?
UAE opened up a new world of personal and professional opportunities. I moved to UAE with about few years of work experience from India and with god’s grace, I was quickly able to find a position in one of Abu Dhabi’s oldest law firms. Though I had apprehensions about moving from a common law hybrid jurisdiction to a civil law hybrid jurisdiction, however, none of my apprehensions came to fruition, as the firm had amazing people who were happy to help and guide me. The addition of ADGM and DIFC, which are common law jurisdictions also helped. On a personal front, our stint in UAE was amazing, we started our family and made lifelong friends. However, owing to the non-permanent transient nature of the stay in UAE, we chose to move out to Canada, where I did my masters and licensure and am presently a Counsel at ivari. I am blessed to be working with an amazing team and a very competent and compassionate General Counsel. Moving countries takes and restarting life, gets harder with time. However, an indomitable spirit, ability to adapt, ability to keep an open mind and resilience are key to success.
As Counsel at ivari, you provide legal guidance on insurance-related issues and collaborate with internal clients. Can you share a recent project or challenge you’ve worked on at Ivari that stands out, and how did you navigate it to achieve positive outcomes for the company?
While I can leverage my past work experience and at present predominantly work on the corporate commercial side of insurance, insurance is multifaceted– reinsurance, segregated funds, pension laws – and the list goes on. While I have ample guidance with work, the biggest challenge for me is the transition from private practice to in-house. The challenge presents itself in dealing with various internal clients, while balancing out business needs with legal advice. To surmount these issues, I use a two-pronged approach – first I aim to identify the needs of the client, what are they looking for, have a chat with them if need be and then commence the work and second, properly manage internal client expectations.
Your experience includes dealing with diverse legal areas such as corporate law, employment law, and foreign investment law. Is there a specific project or deal that stands out as particularly memorable or challenging in your career?
One transaction that stands out was a settlement agreement I was working on for a French banking giant. One of the conditions involved vacating a “mortgage” on a ship which was one of the securities. While a tangent work, I do not deal with maritime law – therefore it was particularly memorable and enjoyable given that the ship was not in port, the intricacies of UAE law and formalities required by the authorities, the nature and timing required to complete the transaction.
As someone who has worked on a range of transactions, from joint ventures to business purchase agreements, what aspect of corporate law do you find most fascinating or intellectually stimulating?
I find acquisitions to be fascinating. It is dynamic in nature involving strategic planning – including financial considerations, negotiations, structuring, due diligence and drafting/negotiating definitive agreements. Acquisitions have an implication and impact for the stakeholders, the companies, operations and the broader business and legal landscape – and this adds another layer of complexity in what is already a complex matter.
In your role as a lawyer in Abu Dhabi/Dubai, you managed deal/transactional teams and conducted sessions to develop transaction strategies. How do you foster collaboration and effective communication within a legal team working on complex transactions?
The framework of effective communication is built on organisation within the team, defining the roles at the inception, regular/daily check-ins depending on the complexity and urgency of the matter, encouraging open communication wherein team members to bring in diverse perspectives and fostering a culture of respect (which is key when working in an ethnically and linguistically diverse workspace).
You pursued a Master of Laws (LLM) at Osgoode Hall Law School in Toronto. What motivated your decision to undertake this academic journey, and how has this experience enriched your legal perspective, especially considering the transition from Abu Dhabi/Dubai to Toronto?
The motivation was very personal. I was moving from UAE to Canada and therefore needed to relicense myself. I could have taken the exams route which would have been economical and less time-consuming – but instead, I went in for the longer route of LLM. Getting back to academia was hard. However, I wanted to ingratiate myself with Canadian laws. I would recommend that to anyone moving to Canada to pursue law – just gives you a better understanding of the legal system and legal community. The LLM brought me up-to-date with what is going on in the Canadian legal space.
As a member of the 2022-2023 LPPCA Executive, what goals or initiatives are you particularly excited about, and how do you see these contributing to the legal community in Toronto?
This was a student body at the LPP. Nothing major here.
You have been involved in various extracurricular activities, including being a Vice Chair for the School Council. How do you balance your professional commitments with your community involvement, and what motivates you to actively contribute to the community?
I have always wanted to give back to the community. In Canada, there is a huge thrust towards volunteering. It starts right at school. Doing something for the community and building a sense of community are part of the school curriculum. I too have always wanted to give back to the community. Education and the future of kids is an interest of mine. So, I volunteer my time at the school council. I also volunteer my time with the LPP program at Toronto Metropolitan University (previously Ryerson University) to give back to the profession. I am also in the process of getting involved with United Way – an organisation that my office supports.
Outside the legal realm, you’ve mentioned being a food and K-drama enthusiast. Can you share a favourite dish you enjoy preparing or a K-drama series that you found particularly captivating, and how do these hobbies contribute to your work-life balance?
Love eating, cooking and entertaining friends. I do not have a favourite dish – but love trying out new cuisines. At present, I am obsessed with Hong Kong Chinese cuisine, particularly Youtiao. I have been trying to make it at home with little success.
Having mentored and coached interns during your time in Abu Dhabi, how do you approach mentorship, and what advice would you give to aspiring legal professionals starting their careers?
For me effective mentorship involves guiding mentees through a legal issue – irrespective of the complexity, sharing practical insights, and sharing feedback (including taking feedback too). The most essential element for a good mentor-mentee relationship is mutual respect followed by open communication.
Advice to new lawyers, as I recently stated in an alumni panel discussion for the current batch of LPP candidates,:
Identify what you can do/are good at. Can you get clients – private practice then; cannot get clients – consider in-house, do you like the academia, do you want to go into law adjacent careers?
Once you have done that, try your hands at many things. Have some experience in litigation – that is the foundation for a good solicitor practice.
Pursue excellence and professionalism, and money will follow.
From your diverse experience in the legal arena to your recent recognition with the ‘BW 40 Under 40’ award, can you share a bit about what motivates you in your legal journey?
My journey in the legal field has been fueled by a combination of factors. At its core is a deep-seated passion for justice and equality, using the legal platform to advocate for these values in individual cases and broader policy realms. The legal profession’s intellectual demands and ever-changing landscape provide ongoing challenges and learning opportunities, which I find stimulating and rewarding.
The impact of legal work on society is a significant motivator for me, as I aim for excellence and integrity in all my endeavors, understanding the substantial influence my work can have on people’s lives and societal norms.
The recognition and achievements, such as the ‘BW 40 Under 40’ award, validates my efforts and propel me to continue contributing meaningfully to the field.
Being part of a community of legal professionals and mentoring emerging talents enhances my journey, helping to shape the next generation of lawyers. This amalgamation of personal passion, intellectual curiosity, societal impact, professional recognition, community engagement, personal growth, and advocacy for change continues to drive my legal journey.
You’ve had an extensive legal career, from district courts to the Supreme Court. How has your approach to cases evolved over the years, and are there any experiences from your early days that significantly shaped your legal philosophy?
Reflecting on my extensive legal career, which has spanned from district courts to the Supreme Court, I have noticed significant change in my approach to legal cases. I moved to the Supreme Court in 2014 before which, I was at the Punjab and Haryana High Court at Chandigarh for 10 years. I essentially started my practice in 2004 at the District Courts Rohtak and later moved to Chandigarh when I got the opportunity to become an Assistant Advocate General in 2005. I left the office of the Advocate General in 2008 to start my own private practise and became retainer to the Haryana Urban Development Authority. In 2011, I became Additional Advocate General, Haryana.
In my early days, my focus was primarily on learning and applying basic legal principles. However, as I delved deeper into the intricacies of law, my understanding and approach became more nuanced, especially when arguing before the Supreme Court.
One of the most profound changes has been in my analytical skills. Initially, my approach was straightforward, centering on the direct application of the law. But with time and experience, I’ve shifted towards more complex legal reasoning and constitutional interpretation, considering various legal precedents.
Moreover, my legal philosophy has evolved considerably. Landmark cases and mentorships in my early career significantly shaped my views.
I treat every new case with a new perspective and fresh outlook. My first major trial as a young attorney remains an experience that has definitely shaped my legal philosophy. It taught me the importance of thorough preparation and the profound impact of the legal system on an individual’s life. My father’s advice – “a good lawyer is not one who knows the law, rather one who knows where the law is” captures a profound truth about the practice of law. Over time, I realised that what mattered more was developing the skill to research efficiently, understand the context of the laws, and apply them appropriately to different scenarios. It is not just about what you know, but how you use your knowledge to find solutions.
You have worked as an Additional Advocate General for the State of Haryana in the past and presently you have an independent counsel practice at the Supreme Court. What do you think is the difference in both the kinds of practice? Would you go back to being a government counsel?
Transitioning from being an Additional Advocate General (AAG) to an independent counsel practicing at the Supreme Court in India marks a notable shift in roles and responsibilities within the legal profession.
As an AAG, my primary focus was on representing the State’s interests in various legal matters. It involved offering legal advice to government departments, handling constitutional issues, and representing the state in litigation proceedings. Working closely with government agencies, providing legal opinions, and defending the government’s stance in court were key aspects of this role.
In contrast, as an independent counsel at the Supreme Court, I’ve had the opportunity to represent private clients or organizations across a wide spectrum of cases. This entails a broader range of legal issues spanning constitutional law, civil matters, criminal cases, and public interest litigations. The autonomy to select cases and clients and the diversity of legal subjects have been enriching aspects of this practice.
The transition has brought about a shift in focus and clientele. While government counsel primarily revolves around serving the state’s interests, independent practice offers a more varied landscape, allowing me to choose cases aligned with diverse interests and work across multiple areas of law.
The decision to return to government counsel or continue as an independent practitioner depends on various factors. While government service offers a sense of duty and the opportunity to serve the public, independent practice provides flexibility, a wider scope of cases, and personal career growth. My decision would be guided by a balance between these factors and my aspirations within the legal profession.
As a legal professional with a commitment to growth and development, how do you balance your role as an Advocate-on-Record with your position as a Visiting Faculty and your involvement in various professional and academic bodies? How do these diverse roles contribute to your overall professional fulfillment?
Balancing my roles as an Advocate on Record with my position as a Visiting Faculty and an active membership of various professional and academic bodies is indeed challenging but immensely fulfilling. Each role complements and enriches the other. As an advocate on record, I deal with complex legal issues firsthand, which I then bring into my role as a Visiting Faculty, making my lectures more relevant and dynamic. On the other hand, interacting with students keeps me abreast of fresh perspectives and emerging legal theories, which informs my practice. My involvement with various professional and academic bodies allows me to keep myself updated with the latest legal development and professional standards. My diverse roles provide me with opportunities for networking with legal professionals, academicians and students. At times, these interactions lead to collaborative projects, thereby enriching my professional experience and contributing to my growth. Juggling these roles is not just about career advancement; it’s deeply fulfilling. Teaching allows me to give back to the legal community, shaping future legal minds. My court practice keeps me grounded in the practical realities of law, and my involvement in professional bodies lets me contribute to the legal profession’s evolution.
Beyond the courtroom, you’ve been recognized as a BW 40 Under 40 Best Lawyer and Legal Influencer. How did it feel to receive such an award, and what does this recognition mean to you personally and professionally?
I remember quite vividly that I received the email stating that I had won the BW 40 under 40 at 1:30 am at night and I felt extremely elated and joyous. I remember feeling extremely grateful for people who have supported me throughout my career and have pushed me in the right direction. Receiving an award of high stature indeed brings numerous rewards, including recognition and visibility, both personally and professionally. On a personal level, such an honor serves as a validation of my hard work and dedication. It’s a tangible acknowledgment of the countless hours, effort, and perseverance that I have put into my legal career. This recognition goes beyond mere professional achievement; it resonates with my commitment to excellence and the values I uphold in my practice.
Professionally, an award of this nature symbolizes the high standard I have set as a lawyer. It enhances my credibility and reputation in the legal community, signaling to peers, clients, and the industry at large that my contributions are significant and impactful. This visibility can open doors to new opportunities, collaborations, and professional growth.
Moreover, such recognition can serve as an inspiration to others in the legal field, especially emerging lawyers who may see in my journey a path to aspire to. It is a reminder that dedication and quality work are noticed and appreciated.
In essence, while the award is a personal achievement, its implications extend far beyond, enriching my professional journey and potentially influencing the broader legal community.
Your involvement in the Indo-French Chamber of Commerce & Industry highlights your connection to international matters. How do you navigate the legal landscape when working with French companies, and what unique challenges or rewards does this bring to your practice?
My involvement with the Indo-French Chamber of Commerce & Industry indeed adds an international dimension to my legal practice, particularly in navigating the legal landscape when working with French Companies. Working with French companies requires an appreciation of cultural differences in business and legal practices. This includes understanding formalities, negotiation styles, and the general approach to contracts and disputes. Being culturally sensitive and adaptable is key to building strong professional relationships and trust. This provides an opportunity to work on diverse and often complex international legal matters, enhancing my expertise and broadening my professional horizon. It also allows for significant networking opportunities fostering a global perspective.
Outside the legal realm, what activities or hobbies do you engage in to unwind and recharge? Is there a particular hobby or interest that you find complements your legal profession in unexpected ways?
Outside the legal realm, I engage in several activities and hobbies that help me unwind and recharge.
I used to be captain of my University Lawn Tennis Team at the time I was pursuing BA LLB. I really enjoy playing sports, whether it is Lawn Tennis or Cricket or Badminton. I regularly take part in SCBA Cricket Tournaments.
One of my favorite pastimes is reading. Delving into various books, without any specific genre preference, allows me to explore a wide range of ideas, cultures, and philosophies. “Tuesdays with Morrie” by Mitch Albom is a personal favourite of mine. It’s narrative is centered around Morrie’s reflection on life as he confronts ALS, and it provides invaluable lessons on the essence of human existence and relationships.
Apart from this, I greatly enjoy watching movies. They offer a complete escape into different worlds and narratives, providing a mental break from the rigors of law. My favourite movie is The Godfather.
Each of these hobbies, in their own unique way, complements my legal career. They provide balance, enhance skills relevant to my profession, and keep me grounded and focused.
With over two decades in law, what advice would you give to young lawyers starting their journey in the legal field, especially those who aspire to make a significant impact?
The best advice I would give someone who is just starting their legal journey is that there is no substitute for hard work and there is no shortcut to success. A legal professional should always work hard and have faith in what he/she does.
Arguing in court is what every law student strives for. However, initially the focus should be entirely on honing your drafting skills and developing the skills of doing extensive and exhaustive research. In law, learning never ends. Even today, after practicing for 20 years, I continue to learn something new every single day. Law is constantly evolving and changing and you should try to keep yourself updated. Whether it is through legal news apps such as SCCOnLine or LiveLaw or following your mentors and senior lawyers on LinkedIn or through conferences and seminars.
When it comes to arguing in court, it’s okay to stumble occasionally. Everyone has ups and downs. The goal isn’t always to be the best but to make your point clear. Judges often understand and are patient with newer lawyers. Prepare well and present your case in simple terms. A solid grasp of the relevant law and case facts is essential.
Sir, Please tell us about your role as the co-head of the International Dispute Resolution & Investigations Practice at Nishith Desai Associates? What are your main responsibilities and areas of expertise within the firm?
Thank you for reaching out. As co-head of the practice, I keep one eye on the development of the practice itself, which should always be aligned with the mission and vision of the firm, and the other eye on the day to day execution of client matters. This includes matters pertaining to cross-border disputes, internal investigations and, of late, matters pertaining to ESG advisory, especially in the domain of governance.
As a firm of the future, we pride ourselves on identifying industries and practice areas where we feel issues on the planet as well as other countries intersect with India. The logic is that any new technology developed will have an intersect with law, the regulatory system and the tax system of India and consequently, we like to foresee the impact of such new technologies in India well ahead of time. This requires significant amount of time and effort being invested in researching how the introduction of these new technologies will intersect with the laws of India.
You have extensive experience in handling complex matters, including Indian and international arbitrations. Could you share a notable case or challenge you faced and how you approached it to achieve your clients’ goals?
There are many such instances but the one case I think that stands out is where we, interestingly enough, advised the client NOT to file proceedings in India. We were advising a minority shareholder in a global business where a large portion of the business was generated in India, but the structure made it virtually impossible to initiate any proceedings in India.
Consequently, we thought out of the box and developed a strategy to ensure that our client could prosecute proceedings initiated by him in various other jurisdictions globally using data obtained from the Indian entity i.e. from the board as well as shareholder level.
The stakes were large enough to warrant a strategy that required patience and perseverance to play out, all without filing a single legal proceeding in India. Having said that, we were definitely doing global litigation management and working with the client’s legal team in various other jurisdictions to ensure that the commercial objectives were met. This case once again reminded us that today’s world is so small that what happens in one corner will have ramifications all over the place.
In addition to arbitration, you have advised on corporate and commercial laws, civil and constitutional matters, and criminal offenses. How do you approach these diverse areas of law and ensure that your legal strategies align with your clients’ business goals?
In the world of dispute resolution, it is important to understand that arbitration is merely the process undertaken. But in addition to the commercial dispute that is on top, there may be underlying issues that may have implications under corporate law, criminal law or even constitutional law. You will have to know and apply these laws to the case at hand and see how best to further the commercial interests of the client.
It is also important to spend enough time, listen to the client and understand how the dispute arose in the first place. Of late, we are seeing enough situations where initiating legal proceedings may not even be required. A formal mediation process is enough to help the warring parties bridge the gap. In most cases, a tempered and balanced approach may well suffice. In such cases, handling the client is even more critical. They should always know and be on board with the strategy that you are deploying.
Investigations involving issues such as internal fraud, anti-corruption, anti-bribery, and data privacy are also part of your expertise. Can you share an example of an investigation you conducted and the potential ramifications it had under the FCPA or UKBA?
The awareness about internal investigations in India has grown tremendously and it is good to see India Inc. developing policies and handling whistle-blower complainants in the right spirit. Having said that, we are all clear that there is still a long way to go. Investigations are generally of two kinds. The first kind pertains to employee related infractions where it is more of a fact-finding enquiry and the consequent issues that arise. The second kind of investigation is one where the issues have regulatory implications.
Laws such as the FCPA and the UKBA have extra territorial applicability and this means that an Indian subsidiary of a company incorporated in such a jurisdiction may well find itself on the wrong side of these laws. Some instance of an act taking place in India, where an errant employee has done something against the policies and training imparted, may well trigger a wide scale investigation and require self-disclosure to an authority somewhere else in the world. Compliance is critical. Should an issue arise, it becomes incumbent upon such companies to demonstrate the steps taken by them and remedial measures, if any, that are implemented.
You have been recognized as a Future Leader in the Who’s Who Legal Guide for Arbitration 2023 and have also received commendations for your track record in representing clients investigating improper conduct, whistle blowing, and other company law breaches. How do you maintain such high standards and ensure client satisfaction in your work?
We are blessed with a wonderful work culture and excellent colleagues. I’ve also had the good fortune to work closely and learn from the best.
Mr. Nishith Desai or Nishithbhai, as he is affectionately referred to by everyone, is a tremendous leader and encourages us is every possible way. He challenges our thinking and never hesitates to incorporate his international experience to develop best practices and next practices in the Indian context. Similarly, Vyapak Desai, Gowree Gokhale, Vikram Shroff are all rock stars in their own right. In addition, I’ve had the good fortune to work closely with global stalwarts like Zia Mody, Rajendra Barot and Shuva Mandal. When you have the opportunity to work with such legal luminaries, every moment is nothing short of a tremendous learning curve.
Every matter brings deep learning and when you have the benefit of such tremendous experience around you, you must open yourself up to learning by osmosis.
As part of the Asia Advisory Committee of the American Arbitration Association-International Center for Dispute Resolution, what is your role, and how does it contribute to your professional development and the field of international arbitration?
The legal profession is one which has given us a lot. where you must always look for ways to give back to the community. As dispute resolution practitioners at heart, we see that the courts are tremendously overburdened and need support through effective alternative dispute resolution mechanisms. Institutional arbitration is one such mechanism. It has the capability to help us resolve disputes effectively and rebuild the confidence to do business in India for global companies and investors. At the AAA-ICDR, the role is in an advisory capacity and geared towards understanding and growing the ecosystem of institutional arbitration for India. I find that serving on such committees allows us to participate, in some small yet meaningful way, in creating this infrastructure and option for building effective ADR mechanisms.
You have spoken at domestic and international conferences and conducted training sessions for in-house legal teams. Could you share a topic or experience from one of these speaking engagements that you found particularly impactful or rewarding?
Sahil: Rome wasn’t built in a day. Similarly, bringing about change in the legal profession by impacting its practitioners is an ongoing process. We must always encourage experience-sharing since this is the best way for the newer generations to learn. This is not new; even we learnt from the experiences shared by our seniors. These continue to guide us at each step of the way. Infact, speaking at conferences and training sessions is as beneficial to me as it is to the attendees. I find it particularly rewarding when some individual somewhere writes to me on LinkedIn or some other social media and reflects on a particular point that they learnt from our discussion, which they felt was useful to them somewhere. When that happens, you know you are making a positive difference.
Could you share any insights or observations regarding the changing landscape of business regulations in India or any significant trends you’ve noticed in international dispute resolution and investigations?
While India is doing very well on the global stage, there is a clear need to invest in the infrastructure of the judiciary as well as the procedural statutes that govern us. Enough has been said about how the judiciary is woefully understaffed for a country of our population but we must also pay attention to the fact that it is even the pay scales that are required to be improved. On the other hand, while we have the Commercial Courts Act since 2015, the fact is that it has not been implemented as envisaged. Even the Arbitration & Conciliation Act 1996 has gone through several amendments, some of which were arguably not even required. We’ve got some of the best legal minds on the planet in our midst; we just need to get them into a room and pick their mind on how the ecosystem needs to change quickly.
Lastly, With your expertise and experience, what advice would you give to fresh graduates who are considering a career in law? What skills or qualities should they focus on developing to succeed in this field?
Play the long game. I know we live in the world of immediate gratification, but the legal profession is one where the long game is the one where maximum knowledge, impact and wealth is created. I’d break it up into spending the student years getting maximum internships or paralegalships so as to maximize the experience quotient. Once a student graduates, a 2-3 year investment in themselves exploring different practice areas is becoming necessary. This will ensure that the appropriate career path is chosen and an individual, over a period of time, remains happy with their choice. Another key aspect is to be agile. The world is changing quickly and certain skillsets may very well become obsolete overnight. But experience is what one always holds in good stead. Its important to be agile in one’s career choices.
Could you please tell us how you ended up pursuing a career in law? Was it something you always aspired to do, or did you discover your interest in the field later on?
Initially I was very interested and curious about matters relating to science. I passed out of school with the aptitude of pursuing science and research. Long story short, after graduating with a BSc(Hons) Degree I happened to visit law firms with my father for a few of his professional matters. The intrigue of a law firm and the challenge of each assignment attracted me towards the legal profession and I decided to pursue a career in law.
Were there any specific events, experiences, or individuals that played a significant role in shaping your decision to pursue law as a career?
The decision to pursue law as a career was in particular largely influenced by my Late father, Bireswar Chatterjee and my father figure Late Dinabandhu Mandal, who was the Senior most partner at Fox & Mandal. While my father was always confident that the legal profession was to be my destiny, Late Dinabandhu Mandal came across in my life as a Godman and unparalleled goliath who I was in awe of since the very first day. A larger than life figure who was respected by all around. Once embraced by him into the legal profession I could only be on the path he showed.
Could you share with us your educational journey and the steps you took to become a lawyer? What were some of the challenges you faced during this process?
My educational journey started with Lamartiniere, Kolkata. I was always keen to be on the sports field and tried by hand and foot at Cricket, Football, Hockey and Athletics. This was the most important part of learning at Lamartiniere. I learnt to live life, enjoy, struggle, fight, compete, laugh, cry and make friends through extra curriculars in this institution. Studying was the next part. I completed my class 12 with an ISC degree and went on to complete my graduation with Bsc (Hons) from Scottish Church College. Lamartiniere however always stayed in my soul and continues till date. After graduating I met my Godman, Late Dinabandhu Mandal on a career defining day and decided to pursue legal studies from Hooghly Mohsin College which was offering a 3 year law course to graduates. So much was the passion then, I decided to join Fox & Mandal in my first year of law itself as a half day intern and used to slowly learn the practical application of law and study case files under the guidance of Seniors in the firm and the magnanimous shadow of Late Dinabandhu Mandal. Though Late Dinabandhu Mandal is no more, there will be no one quite like him in the firm and the legal fraternity for a very long time. The challenge was to make a mark in this legal arena which had very little room for first generation novices. I was also told by a few during those days as to why I was here in this legal profession at all and that I should move towards other pastures or perish. It was demotivating and depressing on occasions but I survived.
What were your early experiences like as a law professional? Could you highlight some key milestones or memorable moments that helped shape your career trajectory?
Just like any lawyer during the early 2000s trying to make a mark in Kolkata I started as a Junior assisting Mr. Shuva Mandal (currently the Managing Partner of Fox Mandal & Associates) in civil and commercial litigation cases. I always had an affinity towards company law related matters and got the opportunity of watching stalwarts such as P.C. Sen and B.K. Bachawat (to name a few) prepare and argue for matters. As time went on I found an interest in transaction documents and started honing my skills at drafting transactional documents. The most memorable assignments which I worked during those days were an infringement action against the makers of the T.V. Series “Karishma” and by first Admiralty Matter relating to the arrest of a vessel named “M.V. Stella Th”. An assignment involving setting up of the “Kolkata West International City” project also was extremely challenging and memorable. After an initial year or so with Mr. Shuva Mandal I worked with Mr. Kaushik Mandal and thereafter with Mr. Shourya Mandal (currently Co-Managing Partner of Fox Mandal & Associates). Mr. Shourya Mandal reposed utmost trust and faith in my abilities and provided the support and encouragement to achieve where I stand today. His contribution and guidance is a continuing process till date.
It would be incomplete if I did not mention the knowledge I acquired from two Senior Counsels of Calcutta High Court, Late Pratap Chatterjee and Mr. Ranjan Bachawat in course of the innumerable matters I had the good fortune to work with. They always took the effort to explain, reach and reprimand me. I thank them for the affection and time they contributed through their busy schedules in shaping my growth. Though Late Pratap Chatterjee is no more, all like me who happened to have the good fortune of working with him shall miss his presence for the rest of our lives.
What drives your passion for the field of law? What aspects of the profession do you find most fulfilling?
The passion for law is the biggest mystery for most lawyers which cannot be deciphered and /or reasoned. Maybe it is the uncertainty of things and outcome which attracts. It is a relentless drive forward to learn, practise and achieve greater milestones each day. Even the sky probably would not be the limit of this drive. The most fulfilling aspect of the profession is the scope to be innovative on the application of law and strategy. There is nothing sweeter and satisfying than the closure of a hard worked on transaction or a toughly fought and contested litigation ending in your client’s favour. The comradery and respect among colleagues, juniors and seniors is also overwhelming. Being a part of the vast legal community has always been like being part of a mammoth family which in a very unique way assures you that you belong here and that there is scope to learn and improve every day.
What are your primary practice areas within the field of law? Could you briefly explain what each area entails and why you chose to specialize in those particular areas?
The primary practice areas are Corporate Law and related dispute resolution including Arbitration. Civil Commercial Litigation and Insolvency. Company Law was a subject and continues to be a subject which I have always been attracted to. The flow of events from the shaping of a transaction / deal to the situation where occasionally parties to a transaction, in course of time, fall apart for various unprecedented reasons leading to a situation of dispute resolution or litigation require parties to avail legal services. I would simply say that I find myself most comfortable and can express myself best in these situations and hence specialization to me in these verticals came quite naturally.
Throughout your career, what are some of the most valuable lessons you’ve learned as a lawyer? Are there any specific cases or experiences that had a profound impact on your professional growth?
The legal profession is definitely a marathon which spares no one. It takes a “lambi race ka ghora” to make the most of what this profession offers and succeed here. The important lessons learnt are to respect colleagues and seniors, be patient, value time and the importance to develop a disciplined and methodical work approach. It is also essential to learn and improve from your experiences each day. Professional growth comes each day with experience and time spent on matters. However, there have been a few cases involving personalities and complex situations which have made a difference. In recent times the resolution of Rohit FerroTech Limited by Tata Steel under the Insolvency and Bankruptcy Code was an assignment which was satisfying. Another recent matter involving resolution of disputes between promoters of Switz Foods and other shareholders was nice experience.
What advice would you give to individuals who are considering a career in law? Are there any misconceptions about the profession that you would like to address?
A career in law is to be chosen out of passion and the will to be a part of the large legal fraternity. Accumulation of wealth by seeing the success of established individuals should never be the criteria, they can only be an inspiration to fuel one’s desires to succeed and become better lawyers. I believe that there are no shortcuts to long lasting success here in the legal profession and people must have the aptitude for taking the grind for the long haul. Every aspiring individual considering a career in law must have patience and the will to sacrifice their time spent on recreation, friends, relations and relatives and pursue their passion of making a place in this vast legal fraternity by devoting all his mind, heart, body and soul to this noble profession. Patience coupled with the ability to sacrifice along with the will to survive and put all that one can to the demands of the legal professional is extremely essential for making a career.
Lastly, what advice would you like to give to fresh graduates who are entering the legal profession? What key skills or qualities should they focus on developing, and what strategies can they employ to succeed in their early years as lawyers?
Fresh graduates need to choose where they want to be and what they want to achieve wisely. They should in today’s times dig / see deep within themselves and decide whether they have the aptitude for practising as a legal counsel at the various courts and tribunals comprising the framework of the judiciary or should they join a law firm for practising in a vertical of their choice such as Corporate law, Real Estate, Banking & Finance, Dispute Resolution etc. Some may even opt to make a career in a Corporate House as legal assistants and become a General Counsel with time.
As for strategies irrespective of where one is and which vertical one opts for, success comes for the ones who have the will to passionately and diligently meet the requirements and demands of their profession. The passion and will to succeed must burn under all circumstances and be backed up by disciplined and consistent hard work. The ability to work and adjust with a team, various people and going forward build a team is also extremely essential. It is also an appreciated quality and essential to be ethical in practices adopted with clients, colleagues, seniors, juniors and other people associated with the legal fraternity.
Insurance law practice in particular and in-house corporate legal practice in the BFSI segment in general, demand you to be ‘always on your feet’. In an in-house legal role, the exposure that one gets at a very early stage of your career is enormous. Every day there’s a new case/challenge and a new kind of legal advice that you are required to come up with. Along with some ongoing work, there are also certain ad-hoc requirements which needs to be catered to. There’s no dearth of work on a typical workday.
My role as a generalist resource, gets me involved in almost everything that is whatever’s happening in the legal space of involving the organization I am associated with and be on top of all assignments. The gamut of cases helps me broaden my horizon. Apart from strategizing and analysing the cases, I supervise the data management for the department. Maintaining a tracker of assignments, projects and daily actionable makes it easier. So there’s also some bit of data work every day along with the tracking and closure of the tasks.
On typical workdays, I negotiate contracts, vet documents to be submitted in the court and supervise the work of my team.
An interesting workday entails peer-to-peer connect, brain-storming with team and other departments on special cases or planning the Friday evening!
Cups of strong black coffee and ginger tea helps me keep going through the day.
Throughout your career, you have achieved numerous accolades and recognitions. Could you highlight one or two achievements that you are particularly proud of and explain why?
Starting from the ‘WOW’ Award at Exide Life Insurance Company Limited in January 2017 for single-handedly successfully managing PAN India Insurance Ombudsman complaints with significant financial impact, to the recent recognition by Bharti AXA Life Insurance Company Limited as an achiever for the ‘Xtra Mile’ demonstrated within six months of joining.
There’s this is one that I would like to highlight: the ‘Customer Centric Icon’ of Edelweiss Tokio Life Insurance Company Limited. It was the very first time in my career to receive an award on stage, with a thousand people glued to me. That was the first time I realized how glorious perseverance can be.
Also, I would like to share a special moment when Shri Bharatkumar S. Pandya (Hon’ble Insurance Ombudsman in Mumbai) shared a testimonial to appreciate one of my reportees for her impeccable performance. This empowered me as a mentor and helped me gain more confidence from my juniors to guide them in the right direction, just as I have always been guided.
Throughout your career, you have demonstrated exceptional performance and received recognition for your work. What do you believe are the key qualities or skills that have contributed to your success?
To start with, as my mentor says – “jo dikhta hai, wohi bikta hai”. And here’s how do I do it – Dashboards, discovery and plugging of gaps, going beyond the call of duty whenever required, and continuing exchanging dialogues with my seniors on any critical or regulatory assignments that I handle.
I consider my inclination towards the use of technology along with my acquired skills in project and data management, data analysis, and risk assessment to be the most important factors that have largely contributed to my success. Persistent performance with constant self-monitoring, understanding of the product and the business, and staying abreast with the latest developments, changing products & regulations in my area of practice; have also helped.
You have been involved in audit management as well. How to ensure that the legal function is audit-ready and compliant with all relevant regulations?
Yes. Fortunately, I have had my share from both sides of the table, as far as audits are concerned.
Wearing the Auditor’s hat, to certify the Legal Department or any department, I’ll delve into: process notes and it’s adherence, Process improvements in sync with the latest trends and good practices, Data and Documentation. More than half the battle is usually won by the Auditee if these are well taken care of.
In insurance, where every step is closely monitored by the regulator – given the robust regulatory regime, it is indeed a task to ensure audit readiness. Given the expertise and knowledge on different aspects of businesses that it requires, I’ll not be surprised if, in the coming days, the in-house Legal departments start hiring resources dedicated exclusively to ensuring audit readiness and compliance with all applicable relevant regulations, and for end-to-end audit management for the department.
As an Auditee, I endeavor to keep the legal function, audit-ready, by maintaining a checklist of the requirements under relevant regulations. This is a ready reckoner for me. Besides, there is meticulous data management, frequent sample checks/mock audits, and proper documentation of all the identified deviations. It’s a continuous process with stringent monitoring.
With your extensive experience as a generalist resource in legal departments, and the professional growth that you have had in a short span of around 7 years, could you share some insights into the challenges in your role and how to effectively handle them?
Understanding the requirement and articulating in a manner acceptable to business, while, in the process, also ensuring that the interest of your organization is not compromised, is a challenge I deal with daily. Umpteen situations warrant balancing business demands and market dynamics vis-a-vis the spirit of the law. So, I think being a business enabler is very important.
What are some of the common issues or challenges faced by the insurance industry, and how do you think can these be navigated?
Out of all the challenges, the one that the insurance industry certainly cannot lose is the protection of the interests of its Policyholders. The nuisance of Instigation Agencies (operating under the façade of ‘Grievance Resolution Agency’ and against the interests of the Policyholders) is probably the most common hurdle that the industry is facing today. Vexatious Customer Grievance, Ombudsman Complaints, Litigation & Police Complaints are on a constant rise due to the menace of these Agencies. Need-based selling of insurance, enhanced due diligence at the time of on-boarding of customers, investment on spreading awareness and a very firm action-oriented approach can address this plague.
Then there’s the on-going fundamental shift and transformative changes in the regulatory landscape that has driven all the attention to the insurance industry. Industry is in the sweet spot now and the biggest challenge is to leverage this to the benefit of all stakeholders – policyholders, distributors, employees and shareholders. A lot is happening in the Regulator’s endeavour of “Insurance for All by 2047” – State Insurance Project, tie-up limits increase for distributors, promotion of ‘ease of doing business’ besides simplification of the process of setting up an insurance company in India, ‘Use and File’ procedure for insurance products, proposed changes in the business mode and more. To manage the expected traffic and to stay in the game, insurance companies will be expected to level up many folds – in terms of enhancing and setting it’s processes right, adapting to technology in every walk of the customer journey right from on-boarding of a Policyholder to dispute resolution. To support this journey – Legal, Compliance & Risk functions will be required to provide best-in-class experiences to Operations & Sales.
‘… provide best-in-class experiences to Operations & Sales.’ How?
Implementation and acceptance of technology. We are talking about ‘Insurance for All” and ‘ease of doing business’ here.
Based on your experience, what advice would you give to fresh graduates who are considering a career in law and young lawyers?
Always remember, “To be a good lawyer is different from a successful lawyer” – Late His Lordship Hon’ble Justice Protik Prokash Banerjee to me on the last day of my internship under his able tutelage in July 2013.
Never compromise on your integrity.
Embrace the change and the technology, equip yourself with MS Excel & MS Powerpoint skills – there are no better tools to showcase and market yourself in the corporate sphere. With channelized effective efforts and persistent hard work, the ‘sky is the limit’.
Above all, find yourself a mentor in the early stages of your career, whom you can look up to … a mentor who can guide you in having your career shaped in the right direction.
