Author: SuperLawyerTeam

  • “Many complex arbitrations involve legal grey areas, and my research experience has helped me anticipate how tribunals might handle such issues. Additionally, the ability to analyse arbitration decisions critically, especially in the absence of binding precedent, has shaped the way I strategize arguments” – Ritunjay Gupta, Advocate-on-Record and Founding Partner at Vidvat Legal.

    “Many complex arbitrations involve legal grey areas, and my research experience has helped me anticipate how tribunals might handle such issues. Additionally, the ability to analyse arbitration decisions critically, especially in the absence of binding precedent, has shaped the way I strategize arguments” – Ritunjay Gupta, Advocate-on-Record and Founding Partner at Vidvat Legal.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Having a background in Business Economics, what inspired you to pursue a career in law? How was your experience during law school, and how did it shape your professional journey?

    Law was not my first choice, nor was it the obvious path after studying Economics and Finance. My initial academic inclination was towards Finance, and I pursued it earnestly, even completing a Master’s degree. However, during my undergraduate years, I was introduced to Business Law and Company Law, subjects that I unexpectedly found both engaging and intellectually stimulating. I excelled in them, even receiving an award for my performance, which planted the first seed of curiosity about the law. That curiosity remained dormant until a friend encouraged me to attempt the Delhi University LLB entrance exam. Securing admission to the Campus Law Centre, Faculty of Law felt like an opportunity worth exploring, and once immersed in the study of law, I realized it was where I truly belonged.

    Campus Law Centre was an eye-opening experience. Unlike my previous academic settings, it was a melting pot of individuals from different backgrounds, each with unique motivations – some preparing for civil services, others drawn to political or judicial service roles. Few, like me, were focused on litigation and active practice. Studying law in this environment expanded my perspective, making me more attuned to the socio-political landscape and the practical realities of the legal profession. It wasn’t just about learning the law from textbooks; some of the most insightful debates happened informally, in the ‘Bamboo Garden’ next to the canteen.

    Beyond academics, law school imparted valuable lessons that have remained with me. It taught me the importance of being approachable to people from diverse backgrounds and recognizing that intelligence is not determined by fluency in English, especially in courts across the country where different languages are used for argument. It also deepened my understanding of the intricate relationship between law and the broader socio-political landscape. Above all, it reinforced the importance of perseverance, a quality that continues to guide me in my legal career.

    You completed your Masters at Columbia Law School, New York. What motivated you to choose Columbia Law over other institutions, and how has your experience there influenced your career? How has this degree been advantageous in your legal practice?

    I chose Columbia Law School for its strong focus on international arbitration and commercial law, fields I was keen to specialize in. Columbia’s arbitration faculty is among the best in the world, led by Professor George A. Bermann, Director of the Centre for International Commercial & Investment Arbitration, alongside Professors Kabir Duggal and Robert Smit. Their presence attracts leading professionals and practitioners to engage with students through guest lectures and lunchtime seminars, making Columbia a hub for arbitration discourse. The fact that Columbia is located in New York was an added advantage. The city’s vibrant legal ecosystem offers unparalleled exposure, from regular events at top-tier law firms to seminars and workshops organized by the NY City Bar and State Bar associations. Columbia Arbitration Day is another standout event, bringing together global stalwarts in arbitration to discuss the latest developments in the field. 

    Studying at Columbia reshaped how I approached the law. The learning environment encouraged critical thinking, collaboration, and exposure to global perspectives. With classmates from over 50 countries, discussions went beyond textbooks, offering insights into different legal systems and approaches. The faculty also made a lasting impact. For example, Professor Paul Shechtman, who taught Evidence and Criminal Adjudication, often used courtroom scenes from movies like ‘A Few Good Men’ and ‘12 Angry Men’ to explain legal principles, making learning engaging and memorable.

    A key highlight was working as a Research Assistant to Professor Bermann, contributing to his book ‘Twilight Issues in International Arbitration. This experience deepened my understanding of arbitration and reinforced the advantage of pursuing an LLM after gaining work experience. Unlike traditional academic programs, an LLM at Columbia is not about competition but personal and professional growth.

    The degree has been invaluable in my legal practice, particularly in refining my approach to complex disputes and arbitration. It has also given me access to leading legal professionals across the globe. With cross-border transactions and disputes becoming increasingly common, it is essential to have access to legal knowledge that transcends jurisdictions. Having friends and colleagues working across different legal systems has been incredibly beneficial. For instance, very recently, in an international arbitration involving U.S. laws and a Delaware corporation, a corporate lawyer and dear friend from Columbia, well-versed in those laws, helped me strategize my approach to the dispute. This is just one of many such instances. Additionally, referral work from friends abroad has been an added bonus. I often serve as their point of contact in India, which has been mutually beneficial.

    Most importantly, the degree has given me credibility, which is invaluable in my profession. With so many lawyers in the country offering, on paper, similar skillsets, the LLM and a foreign-bar qualification has helped me differentiate myself. It has ensured that clients view me in a different light, recognizing the value I bring to the table. In a competitive market, that distinction is crucial.

    At J. Sagar Associates, you worked on a diverse range of matters, including constitutional law, corporate governance, insolvency etc. How did working across such varied legal domains shape your understanding as a lawyer? What were the experiences that have stuck by you?

    JSA was my first job, and like any young lawyer, I was just learning the ropes. What made the experience truly enriching was the diversity of matters I was exposed to across various forums, including the Supreme Court of India. Unlike many large firms where junior associates rarely see the inside of a courtroom, JSA had a strong culture of ensuring its lawyers attended court regularly. This early exposure to court craft played a significant role in shaping my understanding of litigation.

    Working on high-stakes, complex disputes meant that research was at the heart of everything we did. As juniors, we were expected to delve deep into legal principles, dissect arguments, and anticipate counterpoints. This process instilled in me the discipline of extensive reading, a habit that continues to serve me well. Another key advantage of being at a top-tier firm was the opportunity to interact with some of the finest Senior Advocates in the country. Sitting in case conferences with them, observing how they analysed a brief, structured their arguments, and approached strategy was an invaluable learning experience.

    I was also fortunate to work under a mentor who was exceptional in corporate and contract law. His insistence on first-principles thinking kept me on my toes. I had to be thoroughly prepared before even approaching him for a discussion. This ensured that I developed a strong foundation in legal reasoning and analytical skills early on.

    JSA’s marquee clients in the construction and banking sectors further honed my expertise in arbitration and financial law. Many of these cases laid the groundwork for my later specialization in insolvency and arbitration. The firm’s rigorous environment, 100+ hour weeks, working weekends, and months without a holiday was undeniably demanding. But it taught me the value of perseverance, attention to detail, and consistency – qualities that are indispensable for success in the legal profession.

    As a Research Assistant at Columbia Law School, you contributed to drafting chapters for the book Twilight Issues in International Arbitration. How did this research experience deepen your understanding of international arbitration, and how have you applied these insights in your own practice?

    Working with Professor George A. Bermann on ‘Twilight Issues in International Arbitration’ was an incredible learning experience. Every year, Professor Bermann takes on several research assistants, but only a select few get the opportunity to contribute to major projects like this book. I was fortunate to be among those chosen. The book was a four-year project, and during my time at Columbia, I had the privilege of assisting for a year alongside five other students.

    Before this, I had read about international commercial arbitration but had little exposure to twilight issues. These are matters that lack clear legal authority, leaving tribunals to rely on ‘soft law’, general principles, or comparative approaches. Researching topics such as corruption, res judicata, iura novit curia, collateral estoppel, lis pendens, costs, and ethics helped me understand how arbitration functions beyond codified law. This experience also gave me a nuanced perspective on how different jurisdictions approach these unsettled issues and whether international standards are emerging.

    One of the most unique aspects of the research was our access (albeit limited access), granted with Professor Bermann’s approval, to hundreds of confidential arbitral awards from the American Arbitration Association (AAA). Studying these awards provided rare insight into how tribunals across different legal traditions navigate twilight issues. It also deepened my understanding of international arbitration from a common law perspective, particularly the reasoning processes of U.S. based tribunals.

    In my practice, this exposure has been invaluable. Many complex arbitrations involve legal grey areas, and my research experience has helped me anticipate how tribunals might handle such issues. Additionally, the ability to analyse arbitration decisions critically, especially in the absence of binding precedent, has shaped the way I strategize arguments.

    While at IndusLaw, you represented clients in ad-hoc and institutional arbitrations, both domestic and international. How do you view the Indian arbitration framework in comparison to international arbitration mechanisms, and what do you think the future holds for arbitration in India?

    At IndusLaw, I had the opportunity to work on a range of high-stakes arbitrations, including leading a major SIAC arbitration seated in Singapore. Collaborating with top global legal professionals and law firms reinforced my understanding of international arbitration frameworks and best practices.

    While India has made strides in arbitration, it remains far from being a global hub. Judicial intervention, procedural rigidity, and the tendency to appoint retired judges often make arbitration as slow and expensive as court litigation. The frequent challenge of arbitral decisions in courts undermines the efficiency arbitration is meant to provide. Alarmingly, some public sector entities are even moving away from arbitration in their contracts.

    The outlook is not entirely bleak. Both the government and the private sector are advocating for institutional arbitration, businesses are increasingly prioritizing settlements, and the rise in foreign investments is leading to adoption of more institutional arbitration clauses. For arbitration to progress meaningfully, young practitioners must refine their expertise through advanced education, specialized training, and practical experience. Additionally, India needs to foster a pool of specialist arbitrators with a deep understanding of modern commercial disputes, rather than relying predominantly on retired judges. With increasing cross-border transactions, Indian arbitration cannot function in isolation. It must align with international best practices to remain competitive and truly serve its intended purpose of efficient and effective dispute resolution.

    What inspired you to establish Vidvat Legal? Leading complex litigation and arbitration matters across various forums, could you share some of the most challenging and impactful cases you’ve handled since founding your firm? What strategies do you adopt to manage high-stakes disputes and ensure a successful outcome for your clients?

    Starting Vidvat Legal was a conscious decision driven by the need to push my boundaries as a lawyer. After years in top-tier firms, I had gained extensive experience handling high-stakes matters, honing research and drafting skills, and learning to navigate complex disputes. But I wanted to go beyond just being a skilled practitioner. I needed to understand the business side of law i.e., how to generate and retain clients, build long-term relationships, and create tangible value for those I represent. Equally important was the challenge of operating independently, without the built-in support systems of a large firm. Independence has also allowed me to explore areas I had never ventured into before, such as trust law, employment law, land law and constitutional matters.

    One of the more challenging cases I handled after founding Vidvat Legal was representing a Sequoia-funded startup (operating in over 60 countries) in a SIAC arbitration seated in Singapore. The dispute, against a London-based customer, centred on claims for service fees, resource costs, and setup charges under the company’s master services agreement. The case’s multi-jurisdictional nature required navigating international arbitration frameworks and foreign contract laws. Midway through the proceedings, I led settlement negotiations and secured a favourable resolution of over USD 200,000. After the matter was resolved, I worked closely with the client to strengthen their master services agreement and localize employment contracts, ensuring they were more robust and better equipped to prevent similar disputes in the future.

    Another impactful matter was representing (pro-bono) a batch of Delhi University students whose first-year examination results, conducted during COVID, had not been declared even as they approached their final year. The delay had severe consequences, preventing them from applying for higher studies and job opportunities. With college officials unable to resolve the issue, I studied university byelaws, and education guidelines to build a strong case. After petitioning the university, the matter gained traction, and during the pendency of the case, DU finally released the students’ grades, providing them the relief they had been waiting for.

    Success in high-stakes disputes is not just about winning but about managing client expectations and mitigating risks. My approach is simple. Master the facts, conduct rigorous research to ensure well-founded arguments, and draft pleadings that are clear, concise, and structured for ease of comprehension. Keeping clients engaged with timely updates and feedback is crucial. In hearings, I focus on being articulate, respectful to the bench and opposing counsel, and ensuring that every argument serves a strategic purpose.

    With your admission to practice in both India and New York, and now serving as an Advocate-on-Record at the Supreme Court of India, how do you navigate the differences between the legal systems of these two jurisdictions? How has practicing in both countries shaped your approach to legal matters, and what challenges or advantages have you experienced in doing so?

    I do not actively practice New York law, but my understanding of it plays a crucial role in international disputes, especially those governed by common law principles. While the procedural aspects of different jurisdictions vary, at its core, law is about logical reasoning. Beyond the specific wording of statutes, common law principles remain largely consistent and are applied in similar ways by courts in India and abroad. Rather than navigating stark differences, my experience in both systems complements my practice and allows me to approach disputes with a broader perspective, particularly in cross-border matters.

    Your legal expertise spans a broad array of fields, which is commendable. What advice would you offer young lawyers who aspire to build a diverse and successful legal career like yours? What skills, qualities, and mindset do you think are essential to thrive in today’s competitive and multifaceted legal environment?

    Building a diverse and successful legal career begins with a strong foundation. While specialization has its advantages, early exposure to different practice areas provides a broader understanding of the legal landscape and equips you to handle complex, multi-faceted matters. The ability to think critically and apply legal principles across domains is invaluable, allowing you to refine your focus over time based on your strengths and interests. Success in law goes beyond knowledge of statutes and precedents. It requires a problem-solving mindset, adaptability, and a commitment to continuous learning. In a field shaped by evolving regulations and judicial trends, those who stand out are not just those who work hard but those who work smart by seeking mentors, building strong professional relationships, and finding ways to distinguish themselves in a competitive environment.

    The reality of the profession is that it is not always a level playing field. Opportunities do not come equally to everyone, whether in securing internships, landing jobs, receiving promotions, or even in the way clients and courts perceive you. Merit is important, but it is not always enough on its own. Recognizing this early and focusing on positioning yourself strategically will help you navigate these challenges more effectively.

    Commitment to the profession often comes at the expense of personal time, with long hours and urgent matters disrupting plans. Flexibility and resilience are necessary to thrive in this demanding environment. Despite the challenges, the intellectual stimulation, career growth, and the impact you can create make the sacrifices worthwhile. If you remain dedicated, disciplined, and focused, the legal profession will offer immense rewards in the long run.

    Managing a demanding legal career while maintaining personal well-being is undoubtedly a challenge. How do you manage to strike a balance between your professional responsibilities and personal life, and what strategies do you use to ensure both aspects are in harmony?

    Balancing a demanding legal career with personal well-being is an ongoing challenge, and I would not say I have mastered it yet. It is a constant effort, with some days feeling overwhelming and others more manageable. There is no perfect formula, but I have learned to prioritize based on impact. When it comes to case preparation or any matter that directly affects a client, I ensure that I dedicate the necessary time and focus. However, when it is about networking or attending outreach events, I make a conscious effort to prioritize my personal life, spending time with family and friends.

    Time with family is something I deeply value, and I make it a point to take breaks whenever possible to step away from work and be with those who matter most. Even during busy periods, I find small ways to stay connected. For instance, while driving, I use the time to catch up with friends and family over calls, making the most of the uninterrupted hours in traffic. Striking a balance is not easy, but being intentional about how I spend my time helps ensure that both my professional commitments and personal well-being receive the attention they deserve.

    Get in touch with Ritunjay Gupta –

  • “One of the most significant lessons I’ve learned is that you must never allow yourself to be caught off guard. Being fully prepared not only helps in presenting your arguments convincingly but also helps you gain the court’s confidence.” – Ramchandra Madan, Advocate on Record at the Supreme Court of India.

    “One of the most significant lessons I’ve learned is that you must never allow yourself to be caught off guard. Being fully prepared not only helps in presenting your arguments convincingly but also helps you gain the court’s confidence.” – Ramchandra Madan, Advocate on Record at the Supreme Court of India.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With such a diverse range of skills and experiences, when you reflect on your journey, what were the pivotal moments that led you to choose law as a career? How did your time at Symbiosis Law School, Pune shape your legal interests, and which areas of law caught your attention early on?

    Growing up in Shimla, a town known for its serene beauty and quality of life, I was fortunate to receive a good education. However, the opportunities for students to explore diverse interests and extracurricular activities were relatively limited. This changed when I moved to Delhi and joined Vasant Valley School, an institution renowned for its academic and extracurricular excellence. The shift broadened my perspective immensely.

    At Vasant Valley, I actively participated in theatre, debates and business competitions, which helped me develop critical thinking, public speaking and teamwork skills early on. At the time, my plan was firmly set on pursuing entrepreneurship, an idea that took shape after I won an international business competition alongside my team, earning me a prestigious scholarship However, on the advice of teachers, peers, and family, I decided to also appear for law entrance exams while awaiting results from some top business schools. This decision, made at the last minute, turned out to be pivotal for my career path.

    Joining Symbiosis Law School in Pune was a transformative experience. It was my first time living independently, away from the comfort of home and I found myself surrounded by incredibly intelligent peers. In Pune, I continued to explore my passions, albeit with some limitations. Theatre, which I had always loved, took a backseat, but I remained active in debating, public speaking and participating in moot court competitions. Representing Symbiosis at both national and international moot court competitions was a highlight of my time there, giving me invaluable practical experience and honing my legal acumen.

    Law school also instilled in me a strong sense of community. The alumni network, which remains robust and supportive, has been an anchor in my journey in litigation. I was also fortunate to intern with some of the most respectable legal professionals, including Mr. Neeraj Kishan Kaul, Mr. Prashant Mehndi Ratta, Ms. Nandita Rao, and Mr. Sameer Oberoi. These internships were a window into the world of litigation and I liked the view! My law school experiences helped me discover my passion for law and I haven’t looked back since.

    Having yourself pursued an LLM at the prestigious LSE, can you talk about your experiences studying there and also outline the advantages of getting a master’s degree? 

    The decision to pursue an LLM should not be made with the sole objective of securing a higher salary. An LLM is best pursued for the academic and holistic growth it offers. While it undoubtedly enhances one’s credentials, especially as an independent practitioner, it’s not a guaranteed pathway to higher financial rewards.

    Initially, I hadn’t planned on pursuing an LLM, having interned extensively with my senior, Mr. Neeraj Kishan Kaul during law school, I was eager to start my litigation practice under his tutelage. However, at the encouragement of close friends, I decided to try my luck and applied to a handful of prestigious schools. To my surprise and delight, I was accepted into the London School of Economics & Political Science (LSE), an institution renowned for its remarkable legacy and association with eminent academics, lawyers and thought leaders, including luminaries like Dr. B.R. Ambedkar. Additionally, the central location of London, a global cultural and academic hub, was a significant factor in my decision. 

    I was also accepted and awarded a partial scholarship for taking residence at The Goodenough College, a highly selective residential college for distinguished graduate students from around the world. This scholarship made my decision to join LSE even more compelling as it would have significantly reduced my financial burden.

    My experience at LSE was transformative. The faculty’s expertise and the rigorous academic environment pushed me to expand my intellectual boundaries. I delved deeply into subjects such as competition law, arbitration law, refugee law and international law, examining them through post-colonial and literary perspectives. These courses broadened my understanding of the law and shaped my approach to legal issues in a nuanced way. I was also fortunate to read under experts such as Dr. Chaloka Beyani, my supervisor, who is the former UN Special Rapporteur on the Human Rights of Internally Displaced Persons. 

    Equally enriching was my time at the Goodenough College, where I had the privilege of living amongst some of the brightest minds across various fields. Even our regular, dinner table conversations were intellectually stimulating and inspiring. Beyond academics, living in London allowed me to experience its vibrant cultural scene—world-class theatre, opera, orchestral performances—and explore Europe on a shoestring budget, further enriching my worldview.

    The admissions process was rigorous but immensely rewarding. For aspiring students, my advice would be to focus on crafting a strong personal statement that highlights not just academic achievements but also a clear vision of how the LLM fits into your long-term goals. My journey to LSE taught me the value of taking unexpected opportunities and it’s a decision I’m deeply grateful for.

    Prior to going independent, you worked alongside Mr. Neeraj Kishan Kaul, Senior Advocate. How did this experience enhance your legal expertise, and what valuable lessons did you gain from working with such an esteemed mentor?

    When I first joined Mr. Kaul as an intern as early as 2012 I knew that I wanted to follow in his footsteps and be a litigator. I was in such awe of Mr. Kaul that I even kept the cause list from my internship days as souvenirs. Even when I chose to pursue my Masters in London, I knew I was never going to stay on and was going to come back to India to litigate. Which is why when I was invited to join Chambers with Mr. Kaul I was elated. 

    Working with Mr. Kaul was like a crash course in litigation and the art of advocacy- there are only a few, if any, who understand how to read the Court as well as him. Here, you can expect an extremely steep learning curve, where nothing short of perfection is expected from a Junior. We were always expected to add value to the brief by coming up with new arguments that even the solicitors missed out on. We were to pre-empt questions, whether direct or ancillary, that may fall from the Bench. 

    Equally important was the fact that Mr. Kaul‘s Chamber gave me invaluable colleagues who became my professional family, supporting me as I began my career and always a text message away whenever I needed to pick their brains or discuss strategy despite their own busy schedules. I will forever be grateful to Sir and my seniors and colleagues at the Chamber on who’s shoulders, today, I try to stand.

    You have successfully argued some important cases before the Hon’ble Supreme Court of India, the NCLAT and the Delhi High Court. Could you walk us through the challenges you encountered while arguing and how you navigated them?

    Each case presents its own unique challenges, but for a first-generation lawyer, especially one considered young in the profession, the hurdles are particularly distinct. Ours is a profession built on trust—trust from clients, peers, and, most importantly, the Courts. This trust must be earned, and for a young lawyer who is an unfamiliar face, the road can be difficult. Courts often view you with a degree of skepticism, and there is a natural resistance to accepting your arguments until you establish your credibility. 

    Arguing cases before forums such as the Supreme Court, the NCLAT, and the Delhi High Court has taught me that preparation is the key to overcoming these challenges. The only way to level the playing field—especially when appearing against eminent senior counsels—is to be thoroughly prepared, often better prepared than your opponent. Creativity and hard work are what help young lawyers stand out. When you can bring to the table insights or arguments that others, even with years of experience, might overlook, you begin to gain recognition.

    Every appearance in court must be treated with the seriousness and dedication of a final hearing. There is no room for complacency. Judges often test the mettle of young lawyers by probing their understanding of the case and the law. If the court perceives even a hint of unpreparedness, it is likely to challenge you even more. Anticipating these challenges and preparing meticulously has been my strategy in navigating these situations.

    One of the most significant lessons I’ve learned is that you must never allow yourself to be caught off guard. Being fully prepared not only helps in presenting your arguments convincingly but also helps you gain the court’s confidence. Over time, as you consistently demonstrate your competence and dedication, that initial resistance from the Court, gradually gives way to trust and acceptance.

    While the challenges are real and sometimes daunting, they are also what drive me to work harder, think deeper, and perform better with each case. The journey of a young, first-generation lawyer is not easy, but it is incredibly rewarding when you start seeing the trust you’ve earned reflected in the court’s acknowledgment of your efforts.

    You have been involved in a lot of pro bono work. What inspired you to dedicate time to legal aid, and how has this shaped your broader legal practice?

    Law is often referred to as a noble profession and as officers of the court, our primary duty is to the cause of justice. For me, this principle has always been at the heart of my practice. I find enormous satisfaction in being able to provide my services to those in need, and I strongly believe that no person should be denied justice due to their financial constraints.

    A significant portion of my practice has been dedicated to pro bono work. I was associated with the Delhi State Legal Services Authority (DSLSA) on the Criminal Panel for three years. This experience was both a profound learning opportunity and a stark reality check, as it exposed me to the vast inequalities in access to justice. It brought into sharp focus the glaring class divide in our country.

    What struck me most during my time with the DSLSA was the reality that for the majority of Indians, litigation begins and ends at the trial courts. Even in a city like Delhi, where the High Court and Supreme Court are often less than 10 kilometres from any district court, access to justice remains out of reach for many. The economic and social barriers faced by individuals trying to navigate the legal system were a stark reminder of the responsibility we hold as lawyers.

    Today, my private practice serves as a means to support my pro bono initiatives, allowing me to contribute meaningfully to society. I believe that as lawyers, we must recognize our obligation toward the community. Rendering services to those who cannot afford them is not just an act of charity—it is our duty to uphold the ideals of justice. 

    You’ve represented social media influencers and journalists in defamation cases against corporations. Given the fast-evolving nature of digital media, how do you approach defamation law in this context?

    Freedom of speech and expression is one of the most vital facets of the fundamental rights enjoyed by individuals in India. Beyond being a constitutional guarantee, it is also recognized as a human right, forming the cornerstone of any democratic society. The right to express freely and without fear gives meaning to all other rights, making it essential to uphold. However, this right is not absolute and is subject to reasonable restrictions under Article 19(2) of the Constitution.

    In my experience representing social media influencers and journalists in defamation cases, I have observed a worrying trend- powerful entities often misuse criminal and civil defamation proceedings to suppress fair and honest criticism. Freedom of speech in India, while constitutionally guaranteed, comes at a cost—it must be zealously protected from those who attempt to silence dissent or critique.

    The rise of digital media has democratized the exchange of ideas like never before. Today, with greater means available to everyone to voice and exchange opinions without the institutional barriers that once limited public discourse, people are more empowered to engage in critical dialogue, satire, and even humour- all of which are essential for a healthy democracy. One must be mindful, however, that this freedom cannot be used to justify the spread of hate speech and malicious falsehoods. 

    My approach to defamation law in the digital age emphasizes striking a delicate balance. On one hand, it is crucial to safeguard freedom of speech and resist any attempts to weaponize defamation laws to curb legitimate critique, satire, or dissent. On the other hand, the right to reputation and privacy, both of individuals and corporations, must also be protected from truly defamatory or intentionally harmful statements.

    Our society must develop a greater tolerance for humour, satire, and criticism while ensuring that boundaries are maintained to protect against harm caused by defamatory speech. In representing influencers and journalists, my goal is to advocate for the right to speak truth to power while promoting responsible discourse. The evolution of defamation law must adapt to this changing landscape, fostering an environment where free expression and accountability coexist.

    Throughout your career, you’ve been invited to judge competitions, participate in panels, and deliver lectures. What role has mentorship and legal education played in your own professional journey, and how do you view the future of legal practice for young lawyers in India?

    Mentorship and legal education have been integral to my professional journey, as they are for any lawyer striving to succeed in this noble profession. In law, one’s growth often relies on the guidance and wisdom of seniors, colleagues, and even opponents at the Bar.

     My own journey has been deeply rooted in the mentorship I have received from my seniors and peers, as discussed previously. I have been fortunate to experience the kindness and support of both the Bar and the Bench, which has enabled me to make small but meaningful strides in my career.

    Here’s where an interesting titbit comes to mind. Historically, in England, a lawyer qualified as a barrister and was called to the bar only after attending a series of formal dinners. While this tradition may seem unusual, it symbolized an important truth: the essence of legal education lies in the exchange of ideas and the wisdom shared by those who have walked the path before us. This spirit of learning continues in courtrooms, where lawyers and judges alike contribute to the collective growth of the legal community.

    The law, being one of the oldest professions in the world, carries a rich tradition of passing the baton of knowledge from one generation to the next. For anyone who has attended court proceedings, it is evident that the legal fraternity operates as a community invested in nurturing young talent and preserving the integrity of the profession.

    I view mentorship not just as an opportunity, but as a duty. One of the primary responsibilities of a lawyer is to carry forward this noble tradition by supporting and guiding the next generation. Whether through judging competitions, participating in panels or delivering lectures, I see these opportunities as ways to contribute to the ongoing dialogue of legal education and to help young lawyers navigate the challenges of a demanding profession.

    As for the future of legal practice for young lawyers in India, it is both exciting and challenging. The landscape of law is rapidly evolving with technological advancements, the growth of niche areas like data privacy and fintech law, and increasing global interconnectivity. Young lawyers must adapt to these changes while staying rooted in the foundational values of the profession—integrity, diligence, and a commitment to justice.

    As an Advocate-on-Record with extensive experience, what advice would you offer to young lawyers just starting out, particularly those interested in specializing in areas such as arbitration, company law, and bankruptcy?

    I believe young lawyers embarking on their journey, particularly in specialized areas such as arbitration and bankruptcy, must approach their careers with a clear sense of purpose and dedication. Here’s my advice for those starting out:

    • Patience and Grit Are Essential: Success in the legal profession is a marathon, not a sprint. It requires unwavering patience and resilience. The journey can be slow, but perseverance and consistent hard work always pay off.
    • Prioritize Quality Work Over Monetary Gains: Early in your career, focus on gaining valuable experience and honing your craft. Money will follow as a byproduct of expertise and reputation. 
    • Volunteer and Be Available: Offer to assist seniors on briefs and be available whenever they need help. The willingness to learn and support seniors demonstrates your commitment and eagerness to grow, which will open doors for mentorship and challenging opportunities.
    • Always Be Prepared and Professional: Every appearance in court, every draft you submit, is an opportunity to make an impression. Your reputation is built over years of consistent effort but can be lost in an instant. Never take any task for granted and always strive to be at the top of your game.
    • Stay Up-to date with the law: Laws specially like the IBC and Arbitration in India are still evolving and have not yet fully settled. Whether it’s new judgments, legislative amendments, or emerging trends, constant learning and staying up to date is a non-negotiable part of a lawyer’s journey.
    • Read the Travaux Préparatoires: To understand new laws like bankruptcy, it is essential to study the Travaux Préparatoires—the preparatory documents and discussions that shaped the legislation. For instance, the Bankruptcy Law Reform Committee (BLRC) Report, along with various Law Committee reports, provides invaluable insights into the origins and objectives of the Insolvency and Bankruptcy Code (IBC). By examining these foundational documents, one can better grasp the reasons behind the law’s enactment and its subsequent amendments, leading to a deeper and more nuanced understanding of the IBC.
    • Adopt a Holistic Perspective: No law operates in isolation. Having a broad-based understanding of other areas of law and industries will provide context and depth to your practice, making you a more versatile and effective lawyer.

    The legal profession is demanding, but it offers unparalleled opportunities for growth and impact. By focusing on continuous learning, maintaining the highest standards of professionalism, and demonstrating a commitment to the law, lawyers can carve out successful and meaningful careers in arbitration, bankruptcy, or any other field.

    Given your demanding professional commitments, how do you manage to strike a balance between your career and personal life? Are there specific practices or strategies you use to maintain focus and well-being?

    “Law is a jealous mistress” is a saying often repeated for its undeniable truth. To pursue a career in law, especially in litigation, one must be deeply passionate about the profession, as it tends to permeate every aspect of a lawyer’s life. 

    While striking a good-balance is often very difficult when court is in session, litigators are fortunate to have court vacations scattered throughout the year, and I make the most of these breaks by traveling. I make the most of such breaks and ensure to plan at least one trek and one surfing trip each year to help me disconnect and recharge.

    On weekends, I enjoy attending plays and concerts in Delhi, which provides a creative and cultural outlet. Maintaining health is also a priority; I’ve recently started swimming 2–3 times a week, which helps me keep physically active.

    Ultimately, striking a balance is about finding activities that allow you to unwind and maintain focus. For me, travel, the arts and physical activity are key to sustaining my well-being alongside my professional commitments.

    Get in touch with Ramchandra Madan –

  • “Over the years, I have witnessed how IP law has expanded from traditional Patents and Trademarks to addressing digital content, AI-generated works, and global enforcement challenges.” – Shipra Alisha Philip, Senior Associate at RNA Technology and IP Attorneys. 

    “Over the years, I have witnessed how IP law has expanded from traditional Patents and Trademarks to addressing digital content, AI-generated works, and global enforcement challenges.” – Shipra Alisha Philip, Senior Associate at RNA Technology and IP Attorneys. 

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With your extensive and impressive expertise in Intellectual Property matters, looking back on your remarkable career journey, what initially inspired you to pursue a career in law? What was the driving force behind your decision to specialize in the dynamic and specialized field of IP law, and how have you seen the field evolve over the years?

    Growing up as a girl in Patna, a city full of ambitions, I always dreamed of making a difference. Growing up in a society where career paths often followed traditional expectations, I had ambitions that went beyond the norm. However, despite being surrounded by convention, I was fortunate to have parents and a brother who supported my aspirations and encouraged me to pursue my dreams. From an early age, I was determined to carve my own path and make a meaningful impact. I was driven by the idea that no matter where you come from, determination and passion can open doors to incredible opportunities. I have always been a creative person, drawn to ideas, innovation, and the power of original thought. That’s what led me to law because, at its core, law is about shaping and protecting ideas that can change the world.  

    As I delved deeper into legal studies, it was Intellectual Property (IP) law that truly captured my passion. It was thrilling to see how a single patent, trademark, or copyright could empower inventors, businesses, and creative minds worldwide. That realization fuelled my decision to specialize in this field. Also, while many areas of law are well-settled and fixed, IP law evolves constantly, adapting to technological advancements, new business models, and creative breakthroughs.

    Over the years, I have witnessed how IP law has expanded from traditional patents and trademarks to addressing digital content, AI-generated works, and global enforcement challenges. It has transformed into a field that is deeply intertwined with the future of technology and business. Looking back, my journey has been about pushing boundaries, embracing change, and proving that creativity and ambition can redefine expectations. IP law continues to inspire me because it never stands still. It grows with society, with technology, and with the brilliant minds it seeks to protect. 

    Reflecting on the early stages of your career, from internships to your initial legal roles, what were some of the most formative experiences that helped shape your foundation in the legal profession, especially in IP law? How did these early challenges prepare you for your current success in this highly specialized area?

    From the very beginning of my career, I had the opportunity to work at top-tier law firms, each playing a pivotal role in shaping my foundation in the legal profession. Every firm I worked at contributed uniquely to my growth, equipping me with the skills and confidence to navigate the complexities of IP law.

    Starting with a strong litigation background, I developed a keen eye for detail and the ability to anticipate legal hurdles early on. As a fresher, meticulous attention to detail was the primary expectation, a skill I quickly honed while handling high-stakes IP matters. I was also encouraged to ask as many questions as possible, as my seniors often emphasized that “no question is stupid.” This supportive environment helped me shed any inhibition about seeking clarifications, allowing me to develop a deeper understanding of the law and intricate IP matters. These early experiences refined my analytical skills, strengthened my problem-solving approach, and laid a strong foundation for my career in IP law.

    Over time, I was given direct exposure to client handling, allowing me to lead conferences and calls independently. This experience not only refined my communication skills but also solidified my confidence in the knowledge I had gained over time. It allowed me to apply that expertise effectively in my advisories, ensuring practical and strategic solutions for clients. 

    These formative experiences prepared me to take on greater responsibilities in my current senior role at RNA Technology and IP Attorneys. At RNA, I have had the opportunity to lead complex IP matters while also showcasing my expertise at international and national IP conferences, building strong professional networks. Additionally, my firm has encouraged me to contribute to the broader IP discourse through various publications, where I have explored pressing topics such as landmark international and Indian rulings and their impact on the Indian copyright and trademark landscape, brand challenges and counterfeiting in the nutraceutical industry, the impact of AI, IP, and data privacy in India’s growing medical tourism, the trends, regulations, and IP hurdles in the Indian pet food industry, and evidence admissibility in trademark disputes. What sets RNA apart is its commitment not just to the firm’s growth but also to individual professional branding. This support has allowed me to refine my expertise, expand my industry presence, and actively engage in thought leadership within the IP space. Each step in my journey has reinforced my passion for IP law and my ability to adapt to its ever-evolving landscape.

    As someone with deep expertise in handling domain name disputes, particularly before NIXI, what are the key legal considerations that must be taken into account when addressing such issues? Could you share a particularly memorable or challenging case from your experience and how you navigated it, offering valuable insights for aspiring lawyers in this domain?

    When addressing domain name disputes, several legal considerations must be taken into account:

    1. The complainant must establish trademark rights over the disputed domain. Even if the mark is unregistered, demonstrating extensive use and brand recognition can strengthen their case.
    2. The disputed domain name must be identical or confusingly similar to the complainant’s trademark. Minor variations, such as typo squatting, do not necessarily create distinctiveness.
    3. The respondent may avoid liability if they can prove legitimate rights or a fair use of the domain, such as using the domain for a genuine business unrelated to the complainant’s brand; being commonly known by the domain name; and/or making non-commercial, fair use of the domain.
    4. The complainant must prove that the domain was registered and/or used in bad faith, such as: acquiring it with the intent to sell at an inflated price or misleading consumers, phishing, or redirecting traffic to a competitor.
    5. A respondent may defend their case by proving legitimate rights, such as using the domain for a genuine business unrelated to the complainant’s brand; being commonly known by the domain name; and/or making non-commercial or fair use of the domain.

    In a high-profile INDRP dispute, I defended a client against a corporation alleging bad faith registration. Through strong evidence, we proved:

    • The domain had a legitimate, bonafide use.
    • The complainant knew of the domain but took no action (acquiescence).
    • Market research showed third-party usage of the complainant’s mark, weakening exclusivity claims.
    • Inconsistencies in the complainant’s prior trademark office positions further undermined their case.

    The arbitrator ruled in our favor, reinforcing that trademark ownership alone does not guarantee domain rights.

    For aspiring lawyers in this field, my advice is:

    • Assess legitimate interest. A trademark does not automatically grant domain rights. The complainant must prove bad faith registration and lack of legitimate interest on the respondent’s part.
    • Prior knowledge of the domain without action weakens the complainant’s case. Always advise clients to review old records, emails, or correspondence for any indication of prior knowledge. As lawyers, conducting online research, scanning publicly available documents such as publications, interviews, advertisements, etc. can uncover evidence of acquiescence.
    • Review past trademark claims and court proceedings to identify inconsistent pleadings of the parties.
    • Market research is crucial. A thorough investigation into how a mark is used across different industries can weaken a complainant’s exclusivity claim and help establish generic or descriptive use of a term.
    • Domain disputes are not won on allegations alone. Well-documented evidence, strong legal arguments, and meticulous research are essential to securing a favourable outcome.
    • With the growing importance of online branding, domain disputes are becoming increasingly complex. Aspiring IP professionals must stay updated on digital enforcement strategies, evolving domain name laws and policies, and international best practices to remain competitive in this space.

    Managing global trademark portfolios is no small feat. What are some of the most significant challenges you encounter when dealing with international trademarks, and how do you navigate these complexities to deliver exceptional results for your clients? Could you share the most complex or fascinating trademark matters you’ve dealt with?

    Well, managing international trademarks in India poses challenges due to jurisdictional differences, procedural complexities, and evolving legal standards. Key challenges and strategies include:

    1. Classification Challenges: India follows the Nice Classification system, but jurisdictional variations in interpretation, overlapping classes, and administrative constraints can create uncertainties. Market practices and evolving product categories further complicate classification. Careful jurisdiction-specific analysis is essential.
    2. Registrability Issues: Descriptiveness and genericness are interpreted differently across jurisdictions. A comprehensive clearance search can help assess registrability and mitigate objections.
    3. Prior Use vs. First-to-File: Unlike strict first-to-file jurisdictions, India recognizes common law rights. Foreign brands without prior use may face opposition from local businesses. Proactive filings and documented use evidence are crucial.
    4. Trademark Squatting: Unauthorized third parties often register well-known foreign brands in India. Legal remedies like oppositions, cancellations, and rectifications, along with watch services, help address potential infringements early.
    5. Budget Constraints and cost-effective protection: Costs for trademark filings, renewals, oppositions, and enforcement can be unpredictable. A flexible budget should anticipate expansion needs and enforcement actions. Recommending prioritization of key markets and leveraging cost-efficient systems like the EU Trademark and WIPO’s Madrid System for multi-country filings can be beneficial.
    6. Competitive Monitoring: Tracking competitor filings and industry trends is essential. Regular trademark database analysis helps businesses stay ahead of emerging market developments.
    7. Record Maintenance: Outdated trademark records complicate enforcement and transactions. Prompt updates for assignments, name changes, and acquisitions ensure legal clarity.
    8. Leveraging Technology: Manual processes slow portfolio management. AI generated tools enhance efficiency in searches, classification, and trademark monitoring.
    9. M&A Due Diligence: Hidden conflicts or weak rights can impact acquisitions. Thorough due diligence, verifying ownership, status, and conflicts mitigate risks.

    By addressing these challenges with strategic planning, businesses can efficiently manage global trademark portfolios while minimizing risks and costs.

    One of the complex trademarks matters I handled involved a global brand facing objections from the Indian Trademark Office at the examination stage. Although our client’s brand had been adopted, registered, and widely used internationally long before, the objections were based on similar third-party trademark registrations that predated it in India. The key challenge was establishing the brand’s transborder reputation in India despite limited direct use. To build a strong case, we compiled extensive evidence, including global sales figures, media coverage, and proof of consumer awareness in India. We also examined international conferences where our client’s mark and product had been showcased, many of which were attended by Indian delegates, thus demonstrating brand exposure among potential consumers in India. Additionally, we submitted old correspondence from Indian entities inquiring about our client’s product under the disputed trademark. Through strategic arguments and well-documented evidence, we successfully secured the brand’s rights in India.

    Trademark opposition and rectification petitions are complex and nuanced processes. How do you approach the preparation and management of these cases? What research tools do you rely on, and how would you assess the effectiveness of the trademark registry in resolving disputes in a timely manner?

    My approach begins with comprehensive preliminary research, analysing the trademark’s history, including prior use, registrations, assignments, and any past opposition, rectification, or litigation. A strong opposition or rectification petition hinges on clear, compelling arguments. It is therefore crucial to assess the similarity or dissimilarity of competing marks through various legal principles, such as the Rule of Anti-Dissection and Dominant Feature, while also examining grounds like non-use, likelihood of confusion, bad faith adoption, misrepresentation, and inconsistent pleadings before judicial authorities and tribunals.

    To establish prior rights and brand goodwill, I rely on market research, global brand reputation reports, advertisements, social media presence, publications, consumer recognition surveys, etc. Website archives, trademark journal publications, and business reports also help substantiate claims.

    In terms of research tools, I extensively use trademark registry databases, WIPO’s Global Brand Database, EU trademark database, domain name databases, Registrar of Companies (ROC) records, social media searches, and online archives to track prior filings, international use, and potential conflicts. Litigation databases and court records are equally valuable in assessing past disputes involving the contested mark. Additionally, the use of AI-powered tools significantly enhances legal and trademark research, strategy-building and trademark monitoring to help identify potential conflicts more efficiently. 

    The Indian Trademark Registry has made improvements in handling disputes efficiently, particularly through digital filings and automation and open house helpdesk portal to address queries. However, challenges persist, including backlogs, procedural inconsistencies, lack of nuanced understanding of IP laws by hearing officers, and frequent adjournments, all of which delay swift resolutions. Despite procedural bottlenecks, leveraging technology alongside a well-researched and strategically argued case significantly increases the likelihood of a favourable and timely outcome.

    As a respected leader managing a team of talented lawyers and paralegals, how do you ensure that workload distribution is both effective and balanced across your team, especially when dealing with high-stakes and intricate IP cases? How do you foster a collaborative environment to ensure your team works cohesively to meet client expectations and deliver top-tier results?

    As a leader managing a team of skilled lawyers and paralegals, I believe in a strategic delegation approach, where tasks are assigned based on individual expertise, experience, and bandwidth. 

    I delegate legal drafting and opinion writing to my lawyers, ensuring they gain hands-on experience in core legal work. I thoroughly review their drafts, provide detailed feedback, and refine their arguments, helping them sharpen their legal reasoning and drafting skills. Where a matter demands deep legal analysis, I personally handle it to ensure accuracy and a strong legal foundation. For particularly complex or high-stakes cases, I seek insights from my partners, leveraging their expertise to strengthen our strategy. The paralegals support research, document and database management, basic drafting, and procedural filings, streamlining the workflow and allowing the team to focus on substantive legal work. 

    Collaboration is at the core of my leadership style. I encourage open communication and make it a point to ask my team, “What challenges are you facing, and how can I support you?” – a principle I learned from my husband. This approach also aligns with my firm’s core values and creates a friendly and supportive environment where challenges are addressed proactively, fostering both professional growth and efficiency. By maintaining clear guidance, open dialogue, and strategic delegation, I ensure that our team works cohesively to meet client expectations and deliver top-tier results.

    To maintain balance and prevent burnout, I regularly assess workload distribution, keeping track of deadlines, case priorities, and individual capacities. Leveraging project management tools and AI-powered legal tech, we monitor case progress, streamline task allocation, and optimize efficiency, ensuring that no single team member is overburdened.

    In pre-litigation enforcement, you play a crucial role in preparing legal notices, settlement proposals, and conflict resolution strategies. What key strategies do you employ to negotiate settlements before issues escalate into full-scale litigation? Additionally, what common pitfalls should companies be mindful of early on to avoid litigation concerning their IP assets?

    Well, the goal is to resolve disputes efficiently while protecting the client’s IP rights. Before initiating any action, a detailed evaluation of the IP rights in question is a must. This includes assessing prior use, registrations, market presence, and the overall strength of the client’s position to determine the best strategy. A well-drafted cease-and-desist notice sets the tone for resolution. In fact, the language of the notice depends on the client’s approach. While it must be firm in asserting rights, it should also leave room for structured discussions. Rather than escalating conflicts immediately, I explore amicable solutions such as settlement options, coexistence agreements, licensing arrangements, branding/packaging modifications, or even buy-out options. This approach fosters dialogue while protecting legal interests. With courts increasingly emphasizing mandatory mediation in IP disputes, pre-litigation enforcement has evolved significantly. Many high courts, particularly the Delhi High Court, actively encourage mediation as the first step before litigation, recognizing its effectiveness in resolving complex conflicts. Whenever possible, I advocate for mediation or arbitration to secure cost-effective and swift resolutions, minimizing the burden of litigation. Beyond legal considerations, I believe it’s essential to weigh the commercial interests of both parties. An enforcement strategy should aim for long-term business viability rather than just short-term legal victories. By balancing legal rights with practical business solutions, disputes can often be resolved more efficiently while maintaining brand integrity and commercial relationships.

    Many businesses make the mistake of launching a brand without conducting comprehensive trademark searches, leading to costly disputes and rebranding efforts. A thorough clearance search can prevent such legal complications. Weak IP contracts are another common issue. Poorly drafted agreements in licensing, joint ventures, or vendor relationships can result in ownership disputes. Clearly defining rights, obligations, and dispute resolution mechanisms is essential. Inconsistent brand use and failure to enforce trademarks can weaken legal rights over time, making regular monitoring and timely action against infringers crucial. Additionally, businesses often neglect to maintain proper evidence of trademark use, such as first use records, advertising, and consumer recognition, which are vital for defending exclusivity in disputes. Rushing into poorly negotiated settlements can also lead to recurring conflicts; settlement agreements should clearly define future use, licensing terms, and territorial rights to ensure long-term protection. By addressing these pitfalls proactively, companies can safeguard their intellectual property and minimize litigation risks.

    Balancing the demands of a challenging legal career with personal life is undoubtedly a tough task, especially in such a high-pressure profession. How do you manage to maintain equilibrium between your professional commitments and personal well-being? Could you share some strategies that help you preserve your health and sustain a balanced lifestyle, even while excelling at the top of your field?

    Maintaining equilibrium is not just about time management, it’s about setting priorities and boundaries. Efficient planning of work ensures that deadlines are without unnecessary last-minute stress. Delegation also plays a crucial role. I entrust responsibilities to my team while maintaining oversight, allowing me to focus on high-level strategy and complex legal matters. While the legal profession often demands round-the-clock availability, I try to carve out time for my family, my two adorable cats and my personal interests like travelling, reading and watching movies. Setting realistic expectations with clients and my team helps manage workload without burnout. Also, self-care is important. Whether it’s staying physically active, pursuing hobbies, or simply taking short breaks during the day, these small habits help sustain energy and focus. Additionally, having a strong support system, both professionally and personally, makes all the difference. At the end of the day, excelling in this profession is not just about working hard, it’s about working smart, staying innovative in your work and ensuring that both professional success and personal well-being go hand in hand.

    Your broad expertise across various legal areas is truly commendable. For young lawyers looking to build a diverse and successful practice like yours, what key advice would you offer? What skills, attributes, and mindset do you believe are essential for navigating the competitive and multifaceted world of law, particularly in the ever-evolving field of IP? 

    Adaptability and continuous learning are key for diverse and successful practice in law. IP law evolves rapidly, so staying updated on legal developments and industry trends is essential. Strong research, analytical, and communication skills are crucial for presenting clear, persuasive arguments. Beyond technical expertise, a problem-solving mindset and commercial awareness set a lawyer apart. Clients value strategic, practical, and business-oriented solutions rather than just legal advice. Lastly, mentorship and networking open doors to invaluable insights and opportunities. Success in law comes from critical thinking, innovation, and integrity in navigating legal challenges.

    Get in touch with Shipra Alisha Philip –

  • From Legacy to Practice: Navigating Challenges and Mentorship to Specializing in Civil and Constitutional Law. – Shivam Yadav, Practicing Advocate and Managing Partner at Shivam-Raman & Law Associates.

    From Legacy to Practice: Navigating Challenges and Mentorship to Specializing in Civil and Constitutional Law. – Shivam Yadav, Practicing Advocate and Managing Partner at Shivam-Raman & Law Associates.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    How and why you decided to pursue law or make law your career. But along with that, when did you decide to get into civil and constitutional matters? What was your system and what kind of challenges did you face even before doing all this? 

    The most important thing is that law was never in my mind in my initial days of studies. I wanted to be a doctor. And yes, it is true that I am a second generation lawyer. So, my father remained a very noted criminal lawyer in Allahabad High Court. And then he got elevated to the bench. He remained a judge of Allahabad High Court. And after that he retired as a judge of Allahabad High Court. He became the law commission’s chairman, etc. And now he’s practicing as a senior advocate. So law was never intended. As it happens with many of us. So yes, but law is something, which I believe, which if I had not taken it as a career, then I would not have thrived this much. And I personally feel that law is the only thing which is meant for me. With the efflux of time, you always feel that you can do this, you can do that, but then I personally feel that law is the only one trait where you can achieve anything and everything. That’s one. Secondly, there is no monotony involved in this profession. Every day is a new day. And, every day is a new challenge. Every day is a new case. Every day you get to fight with your friends, your loved ones, your very close ones. And one more thing which is very important is that while we call it practice. It is something that nobody’s perfect. And, even my senior, Mr. SP Gupta used to say that we call it practice for the reasons that we practice it daily. And therefore, nobody’s perfect, even if you falter, if you fail, if you do not deliver properly, then there will be a new day, there will be another day, which is coming and you will succeed. So practice daily and practice with perseverance, practice with utmost devotion, you will succeed. I’m sure about it. So the second thing that you asked was the first hand experience of being a lawyer. So being a lawyer, I told you, this is the best trait one can enter. And for a new lawyer, it is important that in the initial days, he should invest maximum of his time in studies. Apart from preparing cases and preparing your briefs for the seniors and working with them. Doesn’t mean that everything has to be done by the senior. And one should not think that if I’m the last man sitting at the bench in the conference room, or maybe the last man standing in the courtroom along with the team, then my efforts will go unrecognized, nothing. If you’re working, you’re working hard, you will be recognized, your seniors, your immediate colleagues, and even judges. And there’s one more thing which I always remember of my beloved senior. He always used to tell me that when you enter the courtroom, do not try to impress the judge. Try to impress the seniors who are sitting in the courtroom. Because they will be the mouthpiece of yours. They will be talking about you in a thousand places. That this lawyer is doing good, this young lawyer has got good intent of law, etc. So, I personally feel, I develop my practice in this way only, that I never intend to impress upon a judge. My intent was to impress upon my colleagues. My senior advocates, my seniors, immediate seniors who are sitting in the courtroom and whenever I enter the courtroom, they always tell me that if he’s coming, he would be stating the correct facts. He would be placing everything with utmost clarity and without there being any form of deviation from the ethics and the principles which are norms set by our customary ethics and practices. So that’s important. One more thing which is very important, my senior always told me, a lawyer wins a case at his table and he loses the case at his table. It is not in the courtroom. The courtroom is meant for deliveries of your preparation. So to the young lawyers who are all joining the profession of law, it is important that they should try to invest more time on their table, whatever form of table they have, whatever form of chamber they have, big, small, whatever. If you invest your time on the case, preparing it and preparing it thoroughly. You’ll definitely win. You’ll definitely succeed.

    Sir, we’ll continue with the aspect of your beloved senior, Mr. SP Gupta, former Advocate General of Uttar Pradesh, who has influenced your lawyering system. He provided you with a platform to grow and helped you shape your mindset on how to work. If you don’t mind, could you discuss some of the most important, challenging, or rewarding cases you handled under his mentorship, and the lessons you took away from those experiences? 

    See, when I joined Mr. SP Gupta, he was already at the pinnacle of everything. He was at the top of his field. So, when I joined him, I was extremely happy because it felt like a dream come true. I was joining someone whom I had read about in books. I believe the first case law I read during my law college days was Kesavananda Bharati and SP Gupta vs. Union of India. So, to join him, someone you’ve read about in books, was a much bigger thing for me.

    When I joined Mr. SP Gupta, he was already a top-notch lawyer. He had previously served as the Advocate General twice in Uttar Pradesh, and when I joined him, he had just completed his tenure as Advocate General. When I joined him and almost left his chamber, that was when he became Advocate General again. From Mr. SP Gupta, we learned everything. Whatever my practice is, wherever I stand today, it’s all because of my senior. He taught us everything, right from the basics.

    One thing I always remember about him is that he was very fond of everything in life, but he invested maximum time in reading books, journals, and other things. When I joined Mr. SP Gupta, he asked me one question that I still remember. He asked, “Do you read novels?” I said, “Yes, sometimes, not regularly, but often.” He then asked, “When do you read them?” I replied, “Usually in the evenings, or just before going to bed.” He said, “I want to see what kind of novels you read.”

    I thought my senior was interested in my taste in reading, so I gave him extra books—ones that were not even related to me or the genre I typically read. I thought I would show him that I had a wide range of books. The very next day, I was very curious, and I asked him about the books. He said, “They’re in the store.” I asked, “What do you mean by the store?” He replied, “Those books will remain in the store, and they will not be given back to you.” I was surprised and asked why.

    He said, “Instead of reading novels or fiction, you should keep a legal journal, a law journal—whether it’s weekly or monthly—by your bedside. Before you go to bed, you should read it daily.” I asked, “What kind of judgments should I read?” He replied, “Beggars are not choosers. You’re a beggar, you don’t have anything in your pocket. So, collect everything with both your hands and leave nothing behind. Start from page one and read through to the last page of the journal. Read it like a novel. For you, everything—the fiction, the thriller, the romance—everything is in that law journal.”

    He recommended keeping two journals and reading them daily. Even if I don’t intend to practice in a particular field, like tax or company law, I should read it. His point was that reading was for preparedness, not necessarily for immediate specialization. It helps in learning how judges write, how law evolves, and eventually, one day, you’ll get a case related to something you have read before.

    I followed this advice for a significant portion of my career. Though nowadays I don’t do this as much, given the online updates from sources like Live Law, Bar and Bench, and others, I still believe it’s a valuable practice. I would always recommend young lawyers to follow this approach. It helps them understand how things work in the courts and gives them insight into the functioning of the judiciary.

    Another lesson I received from my senior was about the analogy of a grocery store. He always said that a lawyer’s chamber is like a grocery store. There are two types of grocery stores. One carries only a limited selection, while the other is a bigger store with a variety of options. If a customer asks for a chocolate in the first store, the reply would be, “Yes, we have a chocolate, take it.” In the second store, when the customer asks, “Do you have a chocolate?” the reply would be, “We have five brands of chocolate, and each brand comes with ten different flavors. Which one do you want?”

    He asked, “Who would you choose?” The point was clear: preparedness is key. When a client comes to you and asks for something, you should have it ready to offer. A lawyer’s chamber should be like a well-stocked grocery store where you can offer solutions immediately.

    He also emphasized that a lawyer should always be prepared. When a client asks for something, they shouldn’t be told, “Let me check if I have that.” Instead, you should be able to say, “Yes, I have it.” Preparedness is what clients look for, and it’s what makes you stand out.

    These lessons—hard work and preparedness—have stayed with me. Mr. SP Gupta always told me that specialization comes after years of practice, after you’ve invested ten or twenty years into your career. Before that, the key is to be well-prepared in every field. Whether it’s tax, criminal law, or constitutional law—be prepared for anything that comes your way.

    You were with your senior for quite some time and you decided to start your own law firm at a very early stage of your career. How did that happen? And what actually were your plans, or rather, what are your plans for moving forward, and the things that you are seeing nowadays?

    In the legal profession, so many things have changed drastically, especially after COVID hit us. The kind of practice that you may have seen earlier and the kind of practice we now have – where do you see the legal practice going? And how have you equipped yourself with the new practice that has come up, especially the online aspect?
    Sure! Here’s the rephrased version without changing the meaning of the text:

    Let’s start with the online aspect. After the COVID pandemic, we’ve entered a new normal, which includes the way we interact now. This is the new normal, and we all need to be prepared for it. As I mentioned earlier, technology has greatly evolved. While I still subscribe to journals and continue to read them, we’ve also shifted to digital means of gathering all types of information.

    With this shift, it’s crucial to be clear about one thing: if you don’t keep up with technological advancements, you’ll become obsolete. You must adapt to these changes. That’s one point. Secondly, with the development of AI, there are many challenges. People see it as a helpful assistant, but I believe constant supervision is necessary. One should never rely entirely on AI because, at the end of the day, it remains artificial, while original thought should remain original. That being said, I strongly recommend that as technology changes, and as the ways and means of obtaining information evolve, you must stay in tune with these developments and remain aligned with them.

    Regarding Mr. Gupta’s role in the development of my practice after I made the shift, I worked with him, interned with him, and then joined his chamber. I continued working with him until one day in 2012 when he was appointed as the Advocate General of Uttar Pradesh for the second time. It was his decision, not mine, because when you refer to someone as a senior, you must trust their judgment entirely. It’s their decision when the time is right for you to start your independent practice.

    So, when he received this prestigious appointment, he called me and asked to discuss something with me. I went to his chamber, and he said, “Shivam, I think it’s time for you to start your independent practice.” At that time, I wasn’t very sure, because when you’re working with a senior, you have a shield. But when you start independently, that shield is gone, and you are accountable for everything. You’re responsible for everything that happens in your chamber. This was one of the challenges I faced after leaving Mr. SP Gupta’s chamber because once you’re independent, every decision, every case, and every outcome falls on your shoulders.

    There are good days, but there are also bad ones. In the beginning, it’s hard to know when you’ll land in a good spot or a bad spot. But, as I said, it was his decision, and he believed I could develop into a good lawyer over the next ten years. So, I started my practice independently. Of course, there were benefits, like getting referrals and support, but ultimately it’s your responsibility to maintain and grow your practice. You might get nominated and appointed as a lawyer for any big firm, corporation, or entity, but that company or entity won’t retain you if you don’t perform well.

    My senior recognized my potential and encouraged me to focus on the civil side of law. At that time, my father, who was a judge at Allahabad High Court, had restricted me and my brother from practicing criminal law. He had issued a strict instruction that we should not be seen on the criminal side of the Allahabad High Court, which was split into two blocks: one for civil matters and one for criminal matters. His reasoning was that if we were seen in the criminal side, we wouldn’t be allowed to continue in the chamber.

    So, one of the reasons my senior recommended that I start my independent practice, particularly on the civil side, was because of my father’s directive. He believed that if I could establish myself in civil law, I could eventually practice on the criminal side too, though I’m not undermining the criminal side. Having experience in civil law gives you a better understanding of how things work, which can be helpful when dealing with criminal matters. I tried my hand at criminal law as well, but my main area of expertise has always been civil law, and I enjoy practicing in this area.

    That’s how it happened. My senior’s recommendation was crucial in guiding my decision. As for the development of a law firm, my senior had once suggested that I move to Delhi to start practicing in the Supreme Court while my brother would continue in Allahabad. But this plan didn’t work out. My brother chose to move to the Supreme Court, and I stayed in Allahabad, but we decided to start a small law firm. My brother took charge of that, and the firm has been growing ever since.

    Developing a law firm or a chamber is all connected to your practice. It’s about conceiving ideas and adapting to the evolving landscape. But I would say that having an independently established practice can sometimes be more rewarding than having a law firm. The growth of your practice depends on how you nurture it, and a solo practice can often be more fulfilling than being part of a larger law firm.

    You’ve dealt with a versatile range of cases, which is not easy for anyone. You’ve ventured into many different, complex matters. How have you navigated through all of this, especially keeping in mind that you not only have to understand these cases but also help your clients understand what you’re doing? There must be some impactful cases that have shaped your career and changed your approach. Could you share a couple of such impactful cases?

    As I mentioned earlier, when I started my practice independently, I was appointed by one of the most prestigious corporations in the state, the New Okhla Industrial Development Authority (NOIDA). At that time, I was appointed as the standing counsel for NOIDA. In addition to NOIDA, I was also appointed for the Ghaziabad Development Authority, UP Power Corporation, and Kanpur Development Authority, along with several other corporations. However, NOIDA was the one corporation that was facing the highest number of litigations. If you recall, there was a significant full bench decision in the case of Gajraj Singh, which I was part of—not as the standing counsel for NOIDA, but as a respondent represented by my senior, where I was assisting him.

    The Gajraj decision had a significant impact in the Allahabad High Court and essentially changed land acquisition litigation there. It was the biggest decision, and over 1000 cases were decided in that batch of petitions. As a standing counsel, the benefit you get is the variety of cases you handle, and you must manage and address everything yourself. As my senior always told me, if you work hard and focus on your table, you will succeed in every matter. I took this advice to heart and kept it simple. I always advise my juniors and colleagues that when you start something new in your career or practice, you should start from scratch.

    Starting from scratch means buying a bare act, reading it, and understanding the content. From the bare act, you will get at least a basic idea of what you are working with. The next step is understanding the client’s case, followed by thorough research. I followed the same approach without any shortcuts to navigating complex issues—there’s no magic rule, just basics and whatever has been taught to you before. Additionally, I’ve worked on significant cases, including land acquisition cases and election petitions, representing top politicians in the state.

    One case that stands out for me involved caste certificates being issued from outside the state to employees of NOIDA who had been working for 10, 15, or even 20 years. With changes in the corporation’s hierarchy, these certificates were questioned, and it was decided that these certificates, issued against the Supreme Court’s full bench decision (in the caste census case), would not be valid. NOIDA decided to terminate the services of 10 to 20 employees based on this issue. This matter went before a single judge at Allahabad High Court, with Honorable Mr. Justice AP Shahi presiding.

    When I first appeared before the court, I believed the case was straightforward due to the Supreme Court’s ruling, but the Hon’ble judge was very cautious. He noted how harsh it seemed to question the caste certificates of employees who had worked for 15 years. I explained that it was an issue of legality, and the actions taken were correct. However, the court asked me to assist in finding a fair solution. After researching, I found that there was only one judgment related to the issue, given by the Goa bench of the Bombay High Court. The court ultimately used this judgment to rule against NOIDA, saying the caste certificate issue didn’t apply here, as the employees had valid connections to Uttar Pradesh.

    Although I lost the case, the judgment had a significant impact on my career. The court appreciated my fairness, human approach, and my role as an officer of the court. The judgment, which was 14 to 16 pages long, devoted 8 to 9 pages to my arguments, which was a great acknowledgment. Even though I didn’t win, I believe I worked harder than anyone else, and I felt I had supported the cause of justice. As a lawyer, representing a respondent doesn’t always mean you should aim to dismiss the petition; instead, you should focus on achieving justice in whatever form it comes.

    Another significant case I worked on involved an election petition. It was my first time being involved in such a matter, and it was an eye-opener about how civil trials and election petitions function. Unlike writ petitions, election petitions require careful consideration of the client’s version, defense, evidence, and procedural details. This case helped me understand the intricacies of civil law and the trial process, especially how evidence is presented and applied. This experience was incredibly important for my career.

    Moreover, land acquisition cases have been a major part of my practice, especially due to my work with corporations. I became quite proficient in land acquisition law, especially with the advent of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013. I was one of the first lawyers to argue the applicability of section 24(2) of the 2013 Act, which had been widely debated. My argument was that the use of “and” or “or” in this context should be understood properly. This argument was later accepted by the Supreme Court of India in the Indore Development Authority’s case. I consider this one of my key contributions to land acquisition law.

    In summary, I’ve had extensive experience with land acquisition cases, election petitions, and several other types of civil matters, each leaving a significant impact on my career. And as I always tell my juniors, if you want to become an expert, start with the basics and work your way up from the bare act.

    Does this sense of social responsibility extend to your pro bono work? You also serve as a counsel for the High Court Legal Services Authority. How important do you think legal aid is in ensuring justice is accessible, particularly for those who can’t afford legal representation? In today’s world, balancing such a demanding legal practice with pro bono work must be challenging. How do you manage both?
    The idea of pro bono work has always stayed with me, and I consider it something of an inheritance. My father also practiced pro bono work, and it was something we always did as part of our routine. If someone couldn’t afford our fees, we would still offer help without charge. I became associated with the High Court Legal Services Authority because a close friend of mine recommended it. He pointed out that while the District Legal Services Authority often doesn’t attract top-tier lawyers, the High Court and Supreme Court Legal Services Authorities have much better opportunities for those willing to help.

    I’ve always believed that if you’re already doing a lot of pro bono work, there’s no need for anything extra. You’re already in your chamber daily, going to court, doing your job — it’s all part of your practice. Pro bono work provides internal satisfaction, knowing you’re contributing to society.

    Additionally, I noticed that the panels of lawyers in pro bono cases often didn’t include top lawyers with good practices, so I thought I should break that barrier and get involved. I wanted others to see that a well-established lawyer could also participate and provide quality assistance. I’m glad that I took this step, as the High Court Legal Services Authority gives me a lot of cases — including jail appeals, writ petitions, and others — where my involvement is needed. When you do this work, it always feels good, and for me, if you’re a lawyer earning well, a portion of your practice should be dedicated to pro bono work.

    You don’t necessarily need to be part of the High Court or Supreme Court Legal Services Authority to do pro bono work; any legal services panel or even independent work can be done on your own. I’ve always done this. If someone approaches me and tells me they can’t afford my fee, I’m happy to offer free assistance. It doesn’t matter to me because, as my father always used to say, “You’re not taking anything from them. You’re doing your work, and if you help others, perhaps God will remember you and bring more clients your way.”

    This is something that happened to me once. A client I helped for free, who couldn’t pay my fees, later sent me ten cases with significant fee margins. You never know who you might help, and sometimes it comes back to you in ways you wouldn’t expect. Helping others in pro bono work doesn’t need special arrangements or recognition — it’s not something you need to broadcast. It’s a personal commitment, something you do for the right reasons, and it should be kept to yourself. That’s how I’ve always approached it.

     You’ve also built a dedicated team of associates. What do you look for when selecting these associates, and how do you ensure that the culture of your firm remains intact while nurturing young legal professionals?

    Personally, I believe that everything I’ve received from my senior, I should pass on to the younger generation. That’s one of my core beliefs. I interact with them and maintain a friendly relationship, but I also follow certain principles in my chamber. One such principle is that I don’t save their phone numbers unless they truly earn it. I tell every junior that you need to do so much that I should feel compelled to call you, to search for your number and reach out to you. This approach works well with the young lawyers who join my chamber. They all want to be on their senior’s “fast dial” list.

    I also look for young lawyers who have the right passion and drive. I don’t ask about their law degrees or grades in exams. That’s not what matters to me. I conduct a simple interview, and if I sense genuine passion for the profession, they are with me. If you’re not pursuing the profession with the passion it requires, then you’re not with me. I’m a tough taskmaster, and I do scold my juniors when needed. They’re sometimes afraid of me because they know if they make a mistake, I will be very strict with them. But despite this, I remain friendly and approachable.

    When I sit with my juniors, I do so with the clear intent of sharing everything I’ve learned, everything I’ve earned from my seniors. One thing I always try to instill in them is the importance of understanding concepts. I discourage rattofying. Even when reading books, statutes, or judgments, especially the CPC or the CRPC, I stress understanding the concepts behind them. I use the example of the CPC to explain that it’s organized in a particular manner, and you need to understand that structure. For instance, if someone were to ask where the written statement comes in the order of the CPC, and they said it was order one, I would expect them to immediately correct it, as it doesn’t belong there.

    I encourage them to think conceptually, as I believe that if your concepts are clear, you will be able to understand everything. There’s no need to memorize everything in detail, especially since the bar exam is now an open-book exam, which is the right approach. You should know where to find the information, and that comes from having clear concepts.

    I believe I have a great team of about 10 associates, five of whom are highly effective and work closely with me. I provide them with a lot of work and insights into how things should be done, and I think they’re doing well. I’m always available for my juniors, even if they’re not in my chamber. If you come across me and have a question or need help, I’m always ready to offer suggestions and any assistance they need.

     The way you approach the mentoring process, it’s clear that your juniors not only learn from you professionally, but also grow personally. Speaking of personal growth, I’d like to touch on something increasingly important — mental health. Given the immense pressures of the legal profession, how do you maintain your mental well-being, and how do you ensure that your team is also taking care of their mental health?

    As I mentioned earlier, I always try to maintain a friendly relationship with my team. I approach them like an elder brother and strive to remain insightful and supportive. While professional matters are important, I also believe in fostering personal connections whenever possible. When there’s time or space, I enjoy taking them out to restaurants or other places to help them relax and bond in a more friendly, informal setting. It’s important for them to feel good and maintain a positive state of mind.

    Additionally, there’s a principle that my senior taught me, and I’ve followed it throughout my career. My senior never worked on Fridays, and I’ve adopted the same tradition. For the past 16 years, I haven’t worked on Fridays, with only a few exceptions, which I try to avoid. I prefer to handle most of my work on Saturdays, from morning to evening, so that my evenings are free to spend quality time with my family—my kids and my wife. This practice also helps clear my mind because, without time for yourself, constant work can negatively affect your mental well-being.

    As you rightly pointed out, the post-COVID era has introduced many new challenges, and it’s crucial to prioritize your health. For any junior, if you’re not feeling well—whether physically or mentally—it’s important to speak up. In our profession, especially as a lawyer, you must be vocal. If you’re not able to speak up for yourself, how can you speak for your clients? If your senior isn’t interacting with you or isn’t providing the support you need, don’t hesitate to formally express it. It’s important to be open about your concerns.

    Similarly, if your senior is friendly and approachable, always make sure to communicate your feelings. For your own mental health, whenever you’re finishing up for the day and leaving your chamber, avoid talking about work or courtroom gossip. Instead, focus on conversations that bring you joy and positivity—anything that lifts your spirits. This helps maintain a healthy balance.

    It’s a difficult profession, and without proper mental health care, it becomes even harder to thrive.

    Thank you, sir, for sharing these insights so openly. It’s not easy to talk about mental health, as many often dismiss it. But you’ve been very transparent about it.
    Yes, it’s crucial. I personally believe that 80 percent of lawyers in this country are under immense pressure. The workload can be overwhelming and mentally taxing, more so than other professions. It creates a lot of stress and trauma, and it’s not easy to handle. You need to be quick, clear, agile, and constantly prepared. This profession demands a lot from you.

    If your mental health is compromised, it becomes very difficult to survive. Mental health encompasses physical health, emotional well-being, and happiness. If you’re thriving but are constantly unhappy, there’s no point in simply doing well if you’re not at peace. Even seniors should emphasize the importance of mental health. I always encourage my juniors to share any issues they may be facing. I ask them, “What’s going on? Why don’t you seem okay today?” It’s important to check in with each other.

    Get in touch with Shivam Yadav –

  • “Master your craft, stay updated with  evolving jurisprudence, and above all, uphold the integrity of the legal profession.” – S. Ismail Zabiulla, Additional Advocate General Government of Karnataka at High Court of Karnataka.

    “Master your craft, stay updated with  evolving jurisprudence, and above all, uphold the integrity of the legal profession.” – S. Ismail Zabiulla, Additional Advocate General Government of Karnataka at High Court of Karnataka.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With almost two decades of experience in law, what inspired you to pursue  this profession, especially considering your background in an agricultural  family? Could you share your law school experience and how it shaped  your path in the legal field?  

    My journey into law was driven by a combination of personal ambition, resilience, and the  unwavering support of my family. Coming from an agricultural background, legal studies were  not a conventional path in my family. However, after facing setbacks in my early academic  pursuits—particularly in my 12th-grade science exams—I took it upon myself to carve a new  path. The decision to study law was not one of convenience but of deep-seated aspiration,  coupled with an innate sense of justice and advocacy.  

    Being the first in my family to enter the legal profession required me to step out of my comfort  zone. I left my rural hometown and moved to Bengaluru, where I pursued my law degree at  Al-Ameen College of Law. My time at law school was transformative; it provided not only  theoretical legal knowledge but also practical exposure that helped me understand the  intricacies of the judicial system. Through academic rigor, moot courts, legal aid camps, and  interactions with seasoned advocates, I developed a strong foundation in jurisprudence,  constitutional principles, and litigation strategies.  

    More importantly, law school instilled in me a sense of discipline and perseverance—qualities  that have been instrumental in shaping my career. The experience taught me that law is not  merely about statutes and case law but about understanding human rights, justice, and  the profound impact that legal decisions have on society. This realization further fueled my  passion for the profession and set me on a path of continuous learning and advocacy.  

    How did your early years in practice shape your approach to law? Having  worked in esteemed roles, such as with ARK Usmani & Associates, KN  Subba Reddy & Vivek Subba Reddy Associates, and the Government of  Karnataka, how did each position contribute to the development of your  legal expertise?  

    The early years of my legal career were instrumental in shaping my approach to law. I firmly  believe that the foundation of a successful legal practitioner lies in practical experience,  mentorship, and an unwavering commitment to learning.  

    I began my legal journey at an early stage, immersing myself in internships, drafting,  pleadings, and court procedures. Under the guidance of seasoned advocates at ARK  Usmani & Associates, I learned the fundamentals of litigation, client counseling, and legal  documentation. This experience provided me with firsthand exposure to the nuances of civil and  criminal law, including how to build strong legal arguments and navigate complex case laws. 

    Working with KN Subba Reddy & Vivek Subba Reddy Associates further honed my litigation  skills, particularly in high-stakes matters. Here, I developed a deeper understanding of  procedural laws, cross-examinations, and trial advocacy, all of which proved invaluable in  my subsequent roles.  

    My tenure with the Government of Karnataka marked a significant transition, as I shifted from  private practice to public law. This role allowed me to understand the workings of the  government, its legal framework, and the intersection between public policy and the judiciary.  Engaging in government litigation, regulatory compliance, and policy interpretation  broadened my perspective and helped me refine my expertise in constitutional and  administrative law.  

    Each position I held played a crucial role in shaping my professional identity. They collectively  reinforced my commitment to justice, legal precision, and ethical advocacy, ultimately  guiding me toward a distinguished career in public service and independent practice.  

    With your experience across areas like Constitutional Law, Civil Law, Criminal Law, Corporate & Banking Law, and more, what was your experience like working as the Central Government Counsel at the High  Court of Karnataka from 2015 to 2019? Could you share some key lessons  or challenges faced during that period?  

    Serving as Central Government Counsel at the High Court of Karnataka from 2015 to 2019  was one of the most intellectually stimulating and professionally enriching phases of my career.  Representing the Union of India (UOI) in complex legal matters required an in-depth  understanding of constitutional provisions, statutory interpretations, and public policy  frameworks.  

    One of the most significant aspects of this role was understanding and advocating for the  government’s standpoint behind legislative actions and administrative decisions.  Government litigation is unique because it does not only involve individual disputes but often  concerns matters of public interest, governance, and national policy implementation. This  role deepened my understanding of quasi-federalism, the intricate relationship between the  Union and State governments, and the legal disputes that arise between them.

    Key lessons from this period include:  

    1. Strategic Litigation & Policy Advocacy – Representing the government requires not  just legal knowledge but also strategic thinking. I had to ensure that legal arguments  aligned with the broader policy framework of the Central Government. 

    2. Balancing Judicial Review & Governmental Authority – A major challenge in  government litigation is navigating cases where government policies are challenged  under judicial review. Balancing the principles of legislative intent, constitutional  validity, and public welfare was a crucial aspect of my role. 

    3. High-Stakes Litigation – Many cases I handled involved issues of constitutional  interpretation, statutory challenges, and administrative law disputes. These  matters required meticulous research and well-articulated legal submissions.  

    Overall, my tenure as Central Government Counsel provided me with a macro-level perspective on governance, public administration, and the critical role of legal professionals in  shaping public policy through judicial processes.  

    As the Additional Advocate General for the Government of Karnataka,  you’ve likely handled diverse cases. Which case has been the most  rewarding for you in this role, and what strategies did you employ to  manage such a complex matter?  

    Every case assigned to me by the Advocate General of Karnataka has carried its own significance and set of challenges. As Additional Advocate General, I have had the privilege of handling cases that impact public policy, constitutional interpretation, and fundamental rights.  

    One of the most rewarding aspects of this role has been the opportunity to argue cases that  directly influence governance and legislative frameworks. Whether it involves challenges to  state policies, high-value litigation, or cases concerning the rights of citizens, each matter  requires a strategic, well-researched, and legally sound approach.  

    My strategy in managing complex cases is based on the following principles:  

    1. In-Depth Legal Research – Every case demands an exhaustive understanding of  relevant precedents, legislative intent, and judicial interpretations. Research forms the  foundation of any successful litigation.  

    2. Calm & Composed Advocacy – Courtroom advocacy requires not just legal acumen  but also the ability to present arguments persuasively, counter opposing counsel  effectively, and maintain composure under intense judicial scrutiny.  

    3. Team Collaboration & Case Management – Handling government litigation requires a  coordinated approach. I work closely with government departments, legal teams, and  policy advisors to ensure comprehensive representation. 

    4. Strict Adherence to Legal Ethics – As a legal representative of the government, I  uphold the highest ethical standards, ensuring that justice is served while  safeguarding the interests of the state.  

    In summary, each case I handle is a learning experience, a test of legal acumen, and an  opportunity to contribute to the legal system in a meaningful way.  

    Final Words  

    Law is not just a profession—it is a responsibility, a commitment to justice, and a continuous  journey of learning. Throughout my career, I have learned that perseverance, dedication, and  ethical advocacy are the hallmarks of a successful lawyer.  

    For aspiring legal professionals, I always emphasize: “Master your craft, stay updated with  evolving jurisprudence, and above all, uphold the integrity of the legal profession.”    

    I Would like to thank my colleague Advocate Mohammed Nawaz Shariff, for his valuable  assistance rendered in completion of the interview.

    Get in touch with S. Ismail Zabiulla –

  • “To be able to make a career in the field of IP, one should be creative or at least understand certain facets or methods of its expression. You should have the zeal to learn more and more everyday.” – Zainab Syed, Founder of Zainab Syed & Associates.

    “To be able to make a career in the field of IP, one should be creative or at least understand certain facets or methods of its expression. You should have the zeal to learn more and more everyday.” – Zainab Syed, Founder of Zainab Syed & Associates.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Maam, you have an impressive background, having completed your schooling in Kuwait and your law degree in Kashmir. Can you share some experiences from your early years that inspired you to pursue a career in law? What aspects of the field motivated you to become a lawyer?

    Thank you. Well, from the very beginning, I have been quite principled and straight forward, advocating for whatever I believed to be the right thing. I was also elected as the school head girl, which made me quite responsible and vocal at the same time. My family is my support system, my parents instilled in me and my siblings a good work ethic and the importance of hard work and dedication. So, it was quite natural for me to choose this as a profession. I also landed myself a job with Amnesty International, soon after I gave my class 12th CBSE ( gulf) board exams . The job was at the Indian Embassy of Kuwait, wherein me and my team were helping with sending back Expats to India, who had been forcibly detained in the country with no documents in their possession. We helped so many helpless trapped Indians during that time. This is when I saw the real world, the injustice and helpless people looking for hope in us, being able to help these people made me realise that this is what I want to do in life.

    I am a very empathetic human being, at times it does have a negative impact on my life or my decisions, but I think that is how I was raised and I’m proud of it and always will be. Everything about this field motivates you to become a lawyer, however, if I have to name some of the aspects, they would be as under:

    • It’s a mental marathon that offers endless opportunities for problem-solving and critical thinking. 
    • Lawyers often find themselves at the forefront of societal change, advocating for individuals and communities. 
    • Lawyers stand as the principal architects of legal frameworks that safeguard civil liberties and shield the marginalized.
    • Through their steadfast commitment to furthering social equity, provision of pro bono services, and facilitation of access to justice, lawyers emerge as pivotal agents in fostering equity and parity.

    Early in your career, you worked at the High Court of Jammu and Kashmir, handling cases related to service matters, property disputes, family issues, and more. What are some key experiences from that time that shaped your legal understanding and laid the foundation for your practice?

    After completing my law degree from Kashmir, and getting my license to practice, I decided to join the High Court of Jammu & Kashmir under the guidance of a very renowned and senior Advocate Mr. Syed Manzoor Hussain, who has an expertise of over 40 years now. Working with him, I learnt so many aspects of law which I had only read about. The whole experience of working with him in matters related to Service, property, defamation, Matrimony etc helped shape my career in the initial days. I remember the first time I appeared in Court, I got a favourable order in our matter, and the Hon’ble Justice at that time, commended me for my boldness and confidence, which increased my morale ten times more than what I had walked in with. Working at the High Court with my Senior, taught me that not all days will be in your favour, some may be against you, and it is then that your caliber and patience is tested. I remember working with my senior and assisting him in a service matter wherein even after having worked for more than 20-25 years in the Sericulture Dept of Jammu & Kashmir, the employees were not regularised by the govt, which should have been done, soon after they had finished 7 years of service, and after citing numerous judgements, submitting ample evidence, we finally managed to get them regularised. There were other matters also, like property disputes, salaries being withheld and unlawful terminations that we were able to get relief granted for our Clients. However, it won’t be fair to deny having any bad experiences, and those bad ones teach you to be more particular about your choices, and show you your hidden potential.

    After joining SS Rana as a Senior Trademark Attorney and handling tasks like trademark filing, prosecution, and responding to examination reports, how did your experience in Intellectual Property Law compare to your previous work in the court? How did the work culture differ?

    I shifted to Delhi after the 2013 floods in Kashmir that crippled life there, everything from records to documents were destroyed. It was then that Mr. Senior, who had seen the amount of hard work and dedication I had put in those 2 years, suggested that I move to Delhi as things would take quite some time to get normalized back there. It was definitely a very tough decision to move to Delhi and start afresh, but like they say “Accept what is, let go of what was, and have faith in what will be” , and that is what I did.

    I joined S.S.Rana & Associates as a Junior Associate Advocate. This was an IPR law firm and I had no experience in this field, and IPR had been my favourite subject back in the University. I was lucky enough to be working under Mr. Vikrant Rana ( Managing Partner) in the Trade Marks Department. He believed that we need to partner with our clients, make their concerns our own, understand their businesses, and proactively get out in front of their problems without actually getting out in front of them. I believe that the biggest achievement in my career and what boosted my confidence is when your ideas or suggestions are taken positively and also implemented by Senior Lawyers or whom you work under. Under the guidance of Mr. Vikrant Rana I became a pro in Trademark matters, as I already had a flair for writing, and an eye for detail my examination report replies became popular among the team, Within a short span of time, I was training juniors in Trademark Department, handling complex cases and giving legal suggestions for IPR protection not just to National but international Clients as well.

    I guess it was my honesty and dedication that always made me visible and stand out in the crowd. I had never imagined that Intellectual Property Rights were this vast and interesting, I guess the subject only teaches you 10% of what the law actually is. The work culture differed in this way that instead of having 1 senior to report to at the High Court, here I had the opportunity to learn from everyone, my knowledge was not restricted to the belief and ideas of one individual but it was open to accepting new things from so many different skilled and intelligent minds. Also of course, as we didn’t directly deal with clients on a daily basis unlike my previous workplace, this helped with the stress of client dealing.

    On a lighter note, I remember when I was at the High Court, there was this very old Client of ours, almost 70-75 years of age , he would come to Court almost every other day, even if his matter would have been listed after 3-4 months, he visited every week without fail, asking about the status of his property dispute matter. When asked why are you here every week, he replied “I enjoy seeing you all work like this, I never had to work this hard in my entire life, I guess I was lucky, and to be honest, I don’t actually have anything more important to do”, I am sure, as I write this interview, he must be sitting in one of the courtrooms at Srinagar.

    Following your tenure at a law firm, you transitioned to working as IPR counsel for several companies, managing their IP portfolios and providing legal advisory. What motivated this shift, and how did you navigate the complexities of this role?

    I quit my job after the pandemic hit us, and took the decision of moving back to Kashmir, as we all know how serious it had gone back then, having lost a few loved ones back home, I realized that i had to be where my family is, as my family means the world to me. So it wouldn’t be wrong to say that all Natural Calamities happening in my life, brought with them a new hope and a new beginning for me. As I had already learnt the art of managing clients and their brands, it didn’t take me much time to make a Client base of my own, in my own home town. To be honest, these brands I worked for, all belong to Kashmir, and it was I who had approached them and introduced the concept of IPR protection and the importance of IPR in their business, that is how I got to work with them.

    This role did indeed bring with it many issues or complexities, as Intellectual Property Rights were not very popular or known to the people in my home town, and even though we have way too much IP out there to protect, we had issues, issues like business owners using identical names for their business and wanting to protect their brand, or business owners not wanting to take legal action against parties infringing their IP. For such issues, we started educating the business owners about the importance of IPR and the benefits of protecting their IP.

    What led you to establish your own practice? What were the challenges you faced in the initial stages, and how did you overcome them? What continues to motivate you in your practice today?

    When I was working with my previous law firm, it would worry me so much that out of all those queries coming in about IP on a daily basis, I never came across any query coming from Kashmir. I don’t know why, but people have the misconception about Kashmir being a conflict zone, hence no one there does anything or everyone is living in fear, they have no life of their own. As I knew the real Kashmir, I wondered why no one there was coming forward to protect their brands or even enquiring about it.

    This led to establishing my own law firm Zainab Syed & Associates, which was the first ever IPR law firm in Kashmir. Challenges like I mentioned before were the little of half knowledge about Intellectual Property Rights. The initial year indeed was a very tough one, where converting any query was like winning the Olympic gold medal, as people didn’t want to spend money on something they didn’t feel was necessary to protect, also, there were cases where someone had taken money from them for filing their trademark and they had never reverted after the money was transferred or cases where applications were filed by third party websites ( names not taken) who file applications in bulk without application of mind or a proper search or opinion, which lead to refusal of such marks.

    I am a very competitive person, and the thing is that I only compete with myself. I believe that in this race in life, you run alone, it should never be about how many people went ahead of you, it should always be about what you have to do to finish the race. That is how I was able to face these challenges at work, I never took up matters that I knew had no chances of success, I didn’t think about the number of applications I was filing, what mattered to me was how many applications I could get registered. I was very patient with Client’s who didn’t quite understand why and how of IP, I never gave up on any Client until I would make them protect their brand by filing applications, I was persistent in this goal to protect more and more brands for my home town , or at least make them aware about Brand Protection.

    Looking back how far I have come in this field and in expanding my practice, I am proud to say that I started from scratch and today I not only have Clients from the State of Jammu & Kashmir but from all across India and Abroad as well. Also the biggest motivation has been the success rate of our applications, and the flow of work we get from recommendations from our existing clients. Although I don’t let success get to my head or failure get to my heart, I guess that’s what learning is all about.

    What has been one of the most challenging IP infringement cases you’ve handled to date, and how did you approach its complexities?

    I wouldn’t be able to put them on a scale of 1 to 10, as all IP infringement cases are mostly complex and very challenging. One of our clients had received an infringement notice from the U.S for a name used in their café. They were asked to shut down the café and remove all use of the mark, however, our Client was the registered proprietor of the mark and the opposite party neither had a trademark application for the said name either in India or in their home country, and after almost a year of negotiations and emails and meetings we were able to convince them that the said Intellectual property solely belonged to our Client and there was no way that they could stop him from using the said brand name.

    Also there was a matter where our Client had been using their family business name since almost 40 years and they had a registration that had expired and not renewed due to inadvertence of the previous lawyer, a third party had now taken advantage of the said thing and applied for the said trademark and started using the said name. We filed a fresh application in the name of our Client, filed opposition against the opposite party’s application and sent them a seize and desist notice. The Opposite party gave us an undertaking that they would never file this mark in future or even file a slightly similar mark in the future and also abandoned their trademark application and changed their business name to something else.

    So I believe that overpreparation is the key to success, you should always be over prepared with facts and you should know your Client, and know about your Client, sometimes, your own Client does not have the right facts, so you always need to do your side of research and homework, so its only when you are convinced, you will be able to convince the opposite party.   

    As an IPR consultant and attorney for PHDCCI in Jammu & Kashmir and Ladakh, how has your role contributed to the promotion of Indian industry, trade, and entrepreneurship through intellectual property rights?

    Our Law firm was appointed as their IPR Attorney and Consultant a few months back, and it is indeed an honour to work with this establishment that has changed millions of lives with their constant support and guidance. In these few months, boosting research and development, intellectual property rights (IPR) have contributed significantly to India’s economy. In fact, IPR and economic growth go hand-in-hand as intellectual property rights are essentially designed to aid innovators and reward innovation, This is where IPR comes in. With a patent in hand, innovators can issue licenses for mass production, which directly contributes to the economy. In this regard, we have been able to file 19 patents for PHDCCI and almost 70 Trademark Applications till date. We have also organised various seminars and visited various Universities of Kashmir where we have encouraged young minds and innovators to get their works Patented and protect their IP Rights. Further, we are also working on increasing the number of GI’s filed from the State of Jammu & Kashmir as there is tremendous scope of obtaining a GI registration here in the State.

    With continuous support from the president of PHDCCI Jammu & Kashmir and Ladakh Mr. Vicky Shaw Sir, who is a visionary and a great man, we have been able to achieve the goal we had set for Zainab Syed & Associates, i.e. educating the masses with the need and importance of Protection of Intellectual Property Rights. 

    What advice would you give to young aspirants interested in pursuing a career in IPR law? How can they start early and excel in this field? Are there any specific resources you would recommend for those looking to deepen their knowledge?

    To be able to make a career in this line, one should be creative or at least understand certain facets or methods of its expression. You should have the zeal to learn more and more everyday. This field broadly covers technically complex yet fascinating projects, which invariably require an informed knowledge of trends or developments in line with their type. So, in short, along with enthusiasm, one should have an eye for detail. I would advise them to first start with internships at IPR law firms only and not law firms that have IPR as part of their work. This will enhance their skills and keep them focused on IPR itself, not shifting from one thing to another. The other thing I would advise them would be to never give up on their dreams irrespective of how many times they fail or make mistakes, as one only learns from mistakes. To excel in this field, I would suggest some important points to remember:

    • Before filing a Client’s trademark, always conduct a search on your end, not just in their respective class but in class 35 as well, as this would give you a broader idea.
    • Never rely on the statement “It is a coined term we have not copied the same from anywhere” always do an internet search on if the word means anything or has been taken from an already existing name outside the Country.
    • No similar or identical marks found on the records of the Trade Marks Registry does not always mean you are good to go, it can also mean that the said mark could not have been registered as it is non-distinctive or descriptive or is prohibited under the Trade Marks Act/Rules.
    • Always encourage clients to file applications claiming use of the mark if they are already in business as this gives them prior rights over their mark.
    • Always file applications in the correct class.
    • If a registered mark is cited in your Client’s application, always check if their application had an examination report and how did they reply to the marks cited against them, as this can be used in your reply as submission.
    • Never differentiate the marks in your reply if you intend to oppose the cited mark at a later stage.
    • Always encourage your Clients to change their brand names if they are at the initial stage of their business and have not yet used the name anywhere, and have come to you for suggestions in filing the trademark application, and you see a mark that is either similar or identical to their brand.
    • Always introduce the concept of negotiation to clients or co- existence with the opposite party, where you know that there is a scope of co-existence or negotiation and it is not a straight case of infringement or malice.
    • Be up to date with recent judgements and case laws on IPR and any amendments in the law. Always note down case laws and use them in your replies as and when necessary.

     Also, I would suggest that they visit the WIPO website and get themselves registered for some of the online courses WIPO offers for IPR.

    Given your demanding role, how do you unwind and recharge? How do you effectively balance work and personal life? Do you have any hobbies or activities that help you relax and recharge?

    Being a daughter, a wife, a mother and a Lawyer running my own Law firm, it has always been challenging, but I suppose having that support from your family actually makes a lot of difference. My family has always been very supportive of all my career decisions, and they have always been my strength and motivated me to become a better version of myself. My husband, on the other hand, has always given me the leverage to choose what I want to do in life, he has always supported me in every decision I made after marriage and continues to do so. However, I don’t take that for granted and I understand the importance of having a balance between my personal and professional life by

    • Setting boundaries: This involves establishing clear boundaries between work and personal life by defining specific working hours and separating work-related tasks from personal activities.
    • Time management: Efficiently organizing and prioritizing tasks, ensuring that you allocate enough time for work responsibilities as well as personal pursuits, such as spending time with family, engaging in hobbies, or pursuing personal goals
    • Stress management: Implementing strategies to manage stress levels, such as practicing mindfulness, engaging in regular physical activity, taking breaks, and unplugging from work-related activities when needed
    • Flexibility: Having the ability to adapt and adjust your schedule to accommodate unforeseen circumstances or personal needs without jeopardizing work commitments

    I have a 2-year-old son, I guess that is enough for you to understand what keeps me up and charged.

    Get in touch with Zainab Syed –

  • “The early stages of a lawyer’s career can be analogically likened to the early stages of development of a child. One needs to have an extremely inquisitive and childlike approach towards learning the law and the legal procedures in the early stage.” – Anuj Tyagi, Advocate-on-Record at Supreme Court of India.

    “The early stages of a lawyer’s career can be analogically likened to the early stages of development of a child. One needs to have an extremely inquisitive and childlike approach towards learning the law and the legal procedures in the early stage.” – Anuj Tyagi, Advocate-on-Record at Supreme Court of India.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Given your extensive expertise and experience, was law always your first choice of career, or did your path evolve over time? Could you share some key moments from your academic journey at National Law Institute University, Bhopal?

    Law was never my first career choice. I even prepared and appeared for engineering entrance examinations, including IIT JEE.  Law happened completely by happenstance. My father heard his colleagues including a District Magistrate speaking to another colleague (in the context of his son’s higher education) about entrance examinations of National Law Universities which, in their words, were like the “IITs of Legal Education” and if one could get through such NLUs, they would have a very bright career. After enquiring further with the said District Magistrate about the NLUs and the entrance procedure, my father, in the evening broached the possibility of my appearance for law entrance examinations. In a way, law immediately sparked my interest, and I immediately went to the so-called ‘cyber-cafes’ of those days and researched further about the scope of the entrance examinations and how I could prepare for the entrance examination. I then came across Law School Tutorials (LST) and ordered their study material and started my preparation. I subsequently qualified the entrance examinations of Symbiosis Society Law School, Pune, Army Law School, Mohali, GGSPIU, NLIU (Bhopal) and several other entrance examinations and eventually joined NLIU, Bhopal, after briefly enrolling and studying at SSLS, Pune. So clearly, the road that led me to law evolved over time.

    After completing your law degree, what motivated you to pursue an LL.M. at Queen Mary University of London, and how did it enhance your previous education? Can you also share your experiences and the differences you observed in their teaching pedagogy?

    I was of the firm belief that at all times after you graduate, you must either be in the pursuit of earning or learning. I had been harbouring this desire to pursue an LL.M. right since I graduated.  When COVID-19 struck, I took this opportunity and enrolled myself for an LL.M. in International Dispute Resolution at QMUL, UK. It was very hard to keep up with the expectations of the teachers in terms of the pages to be read per day, despite the substantially reduced work pressure but I somehow managed to graduate with Merit. The biggest difference in the teaching pedagogy between the two great institutions was that at NLIU, at the undergraduate stage, the focus somehow remained more on foundational, theoretical, lecture-based learning while at QMUL, in the graduate programme, stress remained on in-depth analysis, critical thinking, and practical understanding of key concepts. There was no scope of securing good marks at QMUL, if one did not understand the intricacies of the key concepts concerned. Mostly the questions were in the form of real-life situations and one was supposed to write a suggestive note as to what one, as a Counsel, would have advised one’s client in the fact situation concerned. The other key difference was in the method of marking and evaluation at QMUL. Upon the end of the evaluation of the answer sheets, at QMUL, we would not only receive the marks but also detailed comments from the evaluating teachers which would further help us acquire an in-depth understanding of the concept and also help us understand where we lacked in the evaluation of the given factual situation. That was, in my view, a game-changing aspect. If one would not understand what one could have done better, one would commit the same mistakes again and achieve the same range of marks. However, a clear understanding of the areas where one could have done better in terms of expression or otherwise, would always promote a deeper learning of relevant concepts.

    In the early stages of your career, you must have encountered various learning experiences. Could you share some of these with aspiring lawyers? Additionally, what prompted you to start your own practice, and what were some of the initial challenges you faced in establishing it?

    I would like to first underscore the importance of the answer to this question for your readers. Please note that this is the most important and relevant part of this interview, from the perspective of an aspiring lawyer or a law graduate. I was indeed exposed to many learning experiences, especially in the early stages of my career. I would begin with saying that the early stages of a lawyer’s career can be analogically likened to the early stages of development of a child. One needs to have an extremely inquisitive and childlike approach towards learning the law and the legal procedures in the early stages of one’s career. The first year was mainly about familiarising myself with the procedures and practices at the Hon’ble Supreme Court, the Hon’ble High Court, the District Court and the various buildings and rooms that formed a part thereof. I, fortunately, had a senior from my college who was working as an Associate at the first chamber I joined immediately after graduation. I used to pose at least 100 questions to him on a daily basis in the course of our daily trips to the court. He was very patient with me and answered all my questions with calmness and ease. Thanks to him, I quickly understood the basic legal procedures, including but not limited to the courtroom etiquette, which side of the dias to stand on when representing either side, how to give appearance slips to the court staff, how to hand over documents/judgments at the bar, the position of the various courts, the important offices of the officers of the registry, how to inspect the file etc. It is very important to have gone through the grind yourself at the initial stages because if you haven’t done something yourself once, you’ll never get to understand the procedure in detail and will encounter issues even while delegating it to your juniors/clerks in future.

    One of the early learning experiences taught me to show up at the courts at least 15 minutes before the designated court commencement timings to avoid missing your matters and eventual embarrassment, regardless of the position of your matter on the causelist. In my initial years, a matter was listed at item no. 42 in a cause list listing a total of 70 matters for consideration of the Hon’ble Court. Assuming that the matter would certainly not be called out in the first hour, I turned up at 11:30 am instead of 10:30 am when the court concerned would commence the hearing. Much to my surprise, the matter had already been called out and taken up. Upon enquiry with the court master, I learnt that between Item no. 1 and 42, there were two connected batches cumulatively concerning 35 matters and that the rest of the matters had been passed over and therefore the matter came up for consideration earlier than expected. I had to wait till the court had taken up all the other matters and was to rise when I mentioned my matter and got my presence recorded and thankfully prevented any harm to the client’s interests. 

    Through one of the other learning experiences, I learnt to not take pleadings casually and to be absolutely accurate with the words while drafting pleadings. In one of the cases being conducted by one of the Advocates I was associated with in my early years (who held the brief for the defendant), I observed that while denying the pleadings of the plaintiff in the written statement, instead of the word ‘plaintiff’, the word ‘defendant’ was wrongly used. The enormity of the consequence of this inadvertent error was such that a civil suit filed by the plaintiff was decreed, under Order XII Rule 6 of the Code of Civil Procedure, 1908, on the sole basis of this inadvertent ‘admission’. This caused immense loss to the client and massive embarrassment to the concerned Advocate. After learning this important lesson, I haven’t ever filed any pleading/statement in any case without reading it at least thrice and believe you me, I have found some mistakes even in the third reading. I feel there is no other way to ensure accuracy. I further think that as an Advocate, you shouldn’t be making careless mistakes. You are paid not to make mistakes by the client. As such, you must conduct your cases with a heightened sense of responsibility. 

    Another learning that I drew from the whole episode was that one should keep one’s eyes and ears open and learn from the mistakes committed by others, without waiting to commit a mistake oneself, at the expense of one’s client. 

    Lastly, through another experience that I had with a client, where the client abruptly denied a clear understanding which I had with a client, I learnt that an Advocate should record the understanding arrived at with the client in regard to any aspect of the matter being handled for the client. Before filing pleadings/statements on behalf of the client, one should always email it to the client and ask the client to read the same in great detail and then respond to that email with an instruction to file the same if the same is in order. In my experience, following this practice will certainly save a legal practitioner from many embarrassing situations on more than one occasion in future. Further, in answer to question at serial no. 8, I have enlisted many other useful lessons I have learnt in the last 15 years as an Advocate.

    In so far as the second part of your question is concerned, there comes a stage in every lawyer’s life when you feel that you’re ready to take the plunge. The stage is usually marked by reasonable confidence that the lawyer would be able to handle a given matter by himself/herself before the court and that he/she will be able to sustain his/her basic expenses without any external help. When I got reasonably sure in regard to both the aspects mentioned above, I took the plunge into private practice, in October of 2015 and god has been kind ever since. I always tell my associates that the biggest challenge in advocacy is not advocacy itself, but the art of dealing with the clients so as to ensure that the clients pay up your fee well in time and your relationship with your clients remains cordial and transparent, built on the edifice of trust. In this regard, please note that the issue of fee should be discussed and settled soon after the client has conveyed his decision to hire you, without any delay. There should be no hesitation in discussing and settling fee with the clients at the earliest opportunity. I realise that this is easier said than done and that it takes years to get good with this but this is one of the most important aspects of advocacy. That said, the other biggest challenge which you have to overcome in setting your own practice is to get enough clients to sustain your practice and to grow it sustainably. You may be an exceptional advocate, but you don’t get to display your skills unless you appear before Courts frequently and that doesn’t happen unless you hold enough briefs for your clients to make that happen. The initial challenges for me too, therefore primarily pertained to having a good number of clients, getting those clients to realise the value of my legal advice and getting them to pay up my fee on time.

    Having represented clients in both domestic and international commercial arbitration, could you describe one of the notable cases you’ve worked on, especially your experience in the ICC Arbitration in Zurich?

    The international arbitration matter between an Austrian Company which was represented by me and a government organisation functioning under the aegis and administrative control of the Government of India, deserves a special mention here. Brief redacted facts were that my client was an Austrian Company which, along with its Indian Collaborator, supplied a complex chemical plant to a government organisation. The contract subsequently ran into rough weather and our client issued a Request for Arbitration [RFA] to the said government organisation, in accordance with the terms of the contract and the ICC Arbitration Rules [ICC Rules]. The seat of arbitration was Zurich and the other side was represented by a well-known and established Indian law firm which was substantially bigger in size than our team. The valuation of the subject matter of this arbitration was in excess of Rs. 1000 crores. We first represented the client before the Hon’ble Delhi High Court and obtained a stay against encashment of the client’s bank guarantee. This reaffirmed the client’s faith in us and led us to represent the client in the entirety of arbitration proceedings. The arbitral tribunal comprised of 3 members, including a former Chief justice of India, and a German engineer as co-arbitrators and a lady from Beirut, Lebanon, as the chairperson of the tribunal. The arbitration was administered under the aegis of ICC and governed by the ICC Rules. We had the hearings of this arbitration at Zurich, Paris and London and eventually succeeded in the case. Our claim was largely allowed and the Respondent’s counterclaim was dismissed. The victory was significant and it sparked my interest in arbitration which would become a lifelong association in times to come.

    You have significant experience in sports-related litigation. Can you discuss some landmark cases you’ve handled involving National Sports Federations and the Indian Olympic Association?

    I was introduced to sports-related litigation by a dear friend of mine in the year 2020 and since then, it’s been a constant in my practice. I have represented/advised the Kho Kho Federation of India, the Handball Association India, the Rajasthan State Olympic Association, the UP Olympic Association, the Pondicherry Olympic Association, the Delhi State Kabaddi Association, and famous discus thrower in a wide array of legal proceedings, including proceedings before Hon’ble Courts/arbitration tribunals. One of the landmark cases that I’ve been a part of is the PIL bearing W.P(C) 195/2010, titled “Rahul Mehra vs. Union of India and Ors.”. In this matter, I represented KKFI, which was an impleadment applicant. By way of the judgment dated 16.08.2022, a division bench of the Hon’ble High Court of Delhi held that the National Sports Code is applicable to the Indian Olympic Association and the National Sports Federations along with their constituents. The Hon’ble Court further extensively dealt with and ruled on various aspects of the administration of the Indian Olympic Association and National Sports Federations including the validity of permanent posts like life president in IOA, differential voting rights to National Sports Federations and State Olympic Associations in IOA, the applicability of Model Election Guidelines, the applicability of age and tenure guidelines on members of the Executive Committee of NSFs and IOA, size of the Executive Committee, eligibility of a person against whom charges have been framed to contest the elections. Though the judgment is under challenge before the Hon’ble Supreme Court, it makes for an essential read for every sports lawyer in the country just for the ground it covers in the realm of sports regulation and administration.

    The said judgment was challenged by the Indian Olympic Association before the Hon’ble Supreme Court by way of SLP(C) 14533/2022. In the said matter, the Hon’ble Supreme Court initially appointed a one-man committee headed by a former judge of the Hon’ble Supreme Court tasked with the mandate to suggest amendments to the constitution/Memorandum and Rules of the Indian Olympic Association. The said committee held public hearings at the Jawaharlal Nehru Stadium, which were attended by all stakeholders including the representatives of the National Sports Federations and State Olympic Associations. I represented the Kho Kho Federation of India, the Handball Association India and the Rajasthan State Olympic Association at the public hearing. The matter is still pending adjudication before the Hon’ble Apex Court and I am fortunate to be representing the Kho Kho Federation of India and the Handball Association India who are the impleadment applicants before the Hon’ble Apex Court in the said matter.

    Another seminal sports-related litigation was a challenge to the elections of the then President, IOA by way of a civil suit for Declaration preferred by an eminent sportsperson whom I represented. The matter was hotly contested with several senior counsels representing either side. The matter went on for a couple of years and was ultimately rendered infructuous midway as the then President, IOA, voluntarily resigned from the said position before the end of his term and the matter was rendered infructuous as the desired objective was achieved before the conclusion of the trial.

    With your background in sports law and international arbitration, how do you foresee the future of sports law in India over the next 5-10 years?

    I foresee great developments for sports law showing up on the horizon. As of this day, the sports organisations, principally being the Indian Olympic Association and the National Sports Federations are regulated by the government through the Ministry of Youth Affairs and Sports [MYAS] by issuance of executive instructions, circulars and letters which are binding on the NSFs and IOA. A compilation of such executive orders, instructions, circulars, and notifications issued by the government over a period of time, created in the year 2011, came to be referred to as the National Sports Development Code of India, 2011 [National Sports Code]. The National Sports Code has been holding the field to date. However, recently, the MYAS introduced the Draft National Sports Governance Bill, 2024, which was also put up for public consultation in the recent past. The bill proposes many reforms, making provisions for establishment of Sports Regulatory Board of India to regulate and supervise the National Sports Federations (NSFs); establishment of an internal grievance mechanism for athletes and coaches; establishment of an Appellate Sports Tribunal tasked specifically with the objective of adjudication of sports-related disputes, reservation for women and sportspersons of outstanding merit [SOM] in Executive Committee posts; establishment of Athlete’s Commission; relaxation of eligibility criteria for contesting of Executive Committee posts for wider representation.  Once the National Sports Governance Bill, 2024 is promulgated into law, it is going to revolutionise the administration and regulation of sports and herald a new era of sports development in India. 

    How do you manage the complexities of handling a wide array of civil and criminal matters at the Supreme Court of India? Can you share an example of a particularly interesting case and how you addressed the challenges it presented?

    My practice before the Hon’ble Supreme Court of India is mostly confined to matters on the civil side. That said, one can manage the complexities of any case, one handles, with an in-depth knowledge of the factual and legal issues involved. The soundness of your research, the clarity of your expression, and the dint of your hard work would dispel the complexities with ease.

    One particularly interesting case that I can immediately remember was a bunch of 5 SLPs preferred by a group of Nursing Colleges situated in a particular state, inter-alia, against the Nurses Registration Council [NRC] of the said state. The Petitioners were represented by a number of AORs, Counsel and Senior Advocates and the NRC was singularly represented by me as its Standing Counsel. The matter came up before Court No. 2 of the Hon’ble Supreme Court, headed by a division bench of 3 Hon’ble Judges of the Hon’ble Court, quite early in the morning and since the matters cumulatively comprised at least 2000 pages, I requested the Hon’ble Court to grant me some time for filing of proper counter-affidavits to the said SLPs. Considering the stress on the ‘urgency’ involved in the said matter and considering the ‘future of the students’ was said to be at stake in the said matters, the Hon’ble Court declined my request and asked me if I could prepare a summary and a chart to assist the Hon’ble Court by the following day. Daunted at the prospect of being able to comprehend and assist the court effectively with the matters in less than 24 hours, I requested the Hon’ble Court to grant me time till the day after. The Hon’ble Court, kindly agreed to my request and posted the matter for final hearing after two days. The task was daunting, still as these were the first 5 matters assigned to me by the MPNRC and I was at that point in time, not familiar with even the applicable statutory provisions, rules and regulations governing the subject matter of the said SLPs. Regardless,  I put everything else aside and started grasping the essence of each one of the said 5 SLPs. With great difficulty, after sleeping for less than 6 hours in the intervening 48 hours, I ended up making a note and table for the Hon’ble Court’s consideration. When the matter was taken up, I cumulatively argued for more than 30 minutes, without having to look at any of the case files. Several Advocates and Senior Advocates marshalled their arguments against the position taken by me. However, at the culmination of the hearing, the Hon’ble Court thankfully dismissed the entire batch of matters, on the strength of the arguments advanced by me and barred the Petitioners therein from approaching the Hon’ble Apex Court ever again on the said issue. The process that led to the culmination of the aforementioned matter not only enriched me immensely as an advocate but also reaffirmed my faith in my advocacy and on the principle that with hard work you can surmount insurmountable odds. Further, as is the case with the overcoming of any challenge, I felt victorious and encouraged to work harder and harder to sharpen the essential tools for my law practice.

    What advice would you offer to young lawyers who aspire to have a successful career like yours? Are there any resources or practices you recommend for staying updated with evolving legal trends?

    Some of the good habits I would encourage young lawyers to inculcate in the early years are:

    • Treat the matters of your senior as your own and handle them with the same level of ownership and responsibility. This will help you immensely later when you start your own practice.
    • Read your drafts at least thrice before filing the same. Every time you run through it, mark my words, you’ll find mistakes. Impeccable drafts create a great primary impression in the mind of the judge.
    • Never try taking shortcuts in the profession. They’re likely to do more harm than help you.
    • Read the whole judgment. Don’t just read the headnote to grasp the ratio. 
    • Never give in to the lure of unethical practices.
    • Always be loyal to your client but at the same time, remember that your ultimate loyalty lies with the court. 
    • Never mislead a judge and answer questions posed by the bench directly and promptly.
    • Have a sincere demeanour becoming an advocate while sitting inside the court. Don’t engage in fun or banter inside the court.
    • Communicate your fee structure to your client promptly, and without delay, and if possible, during the first meeting itself. 
    • Be thorough in your research and endeavour to know the jurisprudence regarding the legal proposition applicable to your case, in all its variations and limitations.
    • Lastly, remember that above-average intelligence, along with sincerity and hard work will do the trick for you in the profession.

    Further, it is substantially easier to stay abreast with the evolving legal trends than it was for the previous generation of lawyers. Earlier, to stay updated, lawyers had to rely majorly on law reports and journals. In contrast, today you have the advantage of a world connected with hi-speed internet which makes this job a whole lot easier. The other day, while I was patiently sitting and waiting for my matter to be taken up by the Hon’ble Supreme Court, a matter pertaining to legal ramifications arising from obscene comments made by a popular content creator was taken up by the Hon’ble Court. I was surprised to note that even before the matter got over, a popular online platform publishing legal news had already published a whole article on the issue. Today we live in a fast-paced world driven by technology where one has ready access to online law journals, online news portals, online legal research portals, video lectures on law by prominent jurists, and the latest addition to the list is AI driven legal research tools. With all this at one’s command, one can learn immensely and stay abreast with the latest legal trends at the same time, with ease.

    Managing a demanding legal career alongside a personal life can be difficult. How do you balance your professional commitments while maintaining a healthy work-life equilibrium?

    My senior once told me that if you’ll not strike a work-life balance, you will never find enough time to complete the endless work that will keep you drowning till neck deep in its vast expanse. He always told me to leave for home on time every day so that you make the most of your days with your family. Law, as they say, is a jealous mistress. It certainly demands a lot of time and dedication from you, if you aim to excel in the legal profession. However, I am a firm believer of the age-old adage which states in the relevant part, that “if health is gone, everything is gone”. I endeavour to go to the gym 3-4 times a week to ensure my physical and mental well-being and I try to leave the office by 7-7:30 pm every day so as to be with my family by 7:45-8:15. These two habits have helped me in maintaining a healthy work-life equilibrium.

    Get in touch with Anuj Tyagi –

  • “My advice to young lawyers, especially first-generation lawyers, is to not overthink the difficulties of starting an independent practice. Challenges are inevitable, no matter what field you’re in.” – Rohit Chandra, Founder & Principal at the Chambers of Rohit Chandra.

    “My advice to young lawyers, especially first-generation lawyers, is to not overthink the difficulties of starting an independent practice. Challenges are inevitable, no matter what field you’re in.” – Rohit Chandra, Founder & Principal at the Chambers of Rohit Chandra.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    As a first-generation lawyer, what motivated you to pursue a legal career, and what challenges did you face early on in your journey? 

    Honestly, not having to study maths anymore was my biggest motivation at first. But as I went through law school and started practicing, I realized what really keeps me going is the ability to make a real difference in people’s lives. There aren’t many professions that give you that kind of impact, and that’s what makes litigation so rewarding for me. Being part of such an esteemed fraternity pushes me to do my job with sincerity and diligence. 

    The challenges in building a legal practice are immense and ever-evolving, irrespective of background. However, as a first-generation lawyer, the journey comes with additional hurdles. Without an established network or a ready-made path to follow, the learning curve is steeper, and access to fair guidance early in one’s career can be limited. Despite these challenges, I firmly believe that resilience, continuous learning, and an unwavering commitment to the profession are what define success in litigation.

    How did your experience at the National Law Institute University, Bhopal, shape your path and influence your legal career? 

    NLIU has played a huge role in shaping me as a legal professional. During my time there, I had the privilege of meeting and building friendships with some incredible people who constantly guided, supported, and motivated me to pursue litigation as an independent advocate. In fact, every major opportunity in my legal career—whether internships, jobs, or other professional breaks—came through the support of my friends and alumni from NLIU. Needless to say, the institution has had a lasting influence on my journey. More than just academics, it helped me build a strong network that has been invaluable in sustaining my legal career, both inside and outside the courtroom. 

    Your career began at the Gwalior High Court, and later joined Advocate-on-Record (Supreme Court) office at New Delhi. What valuable lessons did you learn from these experiences, and how did they contribute to your development as a litigator?

    As a first-generation lawyer, I believe that gaining experience in a chamber is essential before starting an independent practice. For me, these experiences have been invaluable, shaping my approach to the profession and teaching me important lessons about sincerity and dedication in law. Whether in Gwalior or Delhi, I was fortunate to work closely with some incredibly hardworking professionals who mentored me along the way. Their constant support and guidance, even today, help me navigate the complexities of the profession. 

    During your time at RS Prabhu & Co., you had the opportunity to work with major corporations and industry players. What challenges did you face while handling corporate clients, and how did this experience enhance your expertise in corporate law? 

    My time at RS Prabhu & Co. was instrumental in shaping my professional growth. Working with major corporations like Reliance Industries, ONGC, L&T etc. provided me with invaluable exposure to high-stakes corporate legal matters. This experience not only allowed me to engage with some of the biggest industry players but also gave me the opportunity to work alongside and learn from some of the most respected legal pioneers in our fraternity. 

    Handling corporate clients comes with its own set of challenges. Large organizations operate in complex legal and regulatory environments, requiring a deep and constantly evolving understanding of corporate law. Each case or transaction presented unique challenges, pushing me to refine my legal knowledge and skills continuously. The dynamic nature of corporate legal work—ranging from regulatory compliance to high-value contractual negotiations—demanded adaptability, meticulous attention to detail, and a proactive approach to problem-solving. I will always remain grateful to Mr. K.R. Sasiprabhu, whose mentorship and leadership at RS Prabhu & Co. created an environment that nurtured my growth. His guidance not only enhanced my expertise but also gave me the confidence to establish my own practice. The challenges I faced while working with such major corporate clients ultimately strengthened my ability to navigate complex legal issues, making me a more well-rounded legal professional.

    What motivated you to transition from working in established law firms to starting your own independent practice in 2020? What were some of the significant challenges you encountered in building your practice from scratch, and how did you overcome them? 

    Starting my own independent practice was always the plan since my college days. However, the timing depended on several factors. It was during the COVID-19 pandemic, when many offices were shutting down, that I saw an opportunity and decided to take a leap of faith. 

    One of the biggest challenges early on was establishing a steady flow of work, especially since I wasn’t originally from Delhi. Ensuring that my office could sustain itself financially while also keeping myself engaged was a priority. To do that, I took on a wide range of legal work—not just court matters but anything that required legal assistance. Some of these areas were new to me, as I hadn’t dealt with them much during my time with law firms, but they kept me occupied and helped me build a foundation. The early days of independent practice can be exhausting and uncertain, but the constant support and motivation from my family, friends, and mentors made all the difference. Their guidance helped me push through the difficult phases, and over time, I was able to establish a practice that I could sustain and grow. 

    When preparing for and presenting arguments in criminal cases, especially those involving serious offences, what are the key considerations you take into account? 

    When preparing for any case and not just cases involving serious offenses, the first and most important step is to go through the case file thoroughly. Every document needs to be examined in detail to ensure there are no gaps in understanding the facts. A solid argument starts with knowing the case inside out. It’s equally important to carefully study the legal provisions under which the offense is charged. The exact wording of the law matters, and staying updated on recent judgments and legislative changes is crucial. Criminal law keeps evolving, and being aware of these developments helps in building strong and effective arguments. 

    I also make it a point to write down my arguments, no matter how well I remember them. Practicing beforehand allows me to structure my submissions clearly and present them with confidence in court. This ensures that every important detail is covered and arguments are delivered in the most effective way possible.

    What advice would you offer to young lawyers, especially those who are first-generation lawyers, just starting their legal careers? What qualities or skills do you believe are essential for success in today’s competitive legal environment? 

    My advice to young lawyers, especially first-generation lawyers, is to not overthink the difficulties of starting an independent practice. Challenges are inevitable, no matter what field you’re in. Instead of stressing over them, focus on finding something that keeps you going during tough times—whether it’s a strong support system, a particular area of law you enjoy, or just the drive to keep improving. A strong command over the language in which you argue is crucial, and it’s something you need to constantly work on. Never underestimate the importance of hard work—it’s one of the biggest factors in building a successful practice. Also, be disciplined. Always be on time, whether it’s for court hearings or client meetings. Being reliable goes a long way in earning trust and credibility. 

    Most importantly, learn to balance your time between applying your skills and improving them. Keep learning, stay open to feedback, and never stop refining your craft. And no matter how far you go, always be humble and grateful to the people who support you along the way. Success in law isn’t just about what you know—it’s also about how you grow.

    Get in touch with Rohit Chandra –

  • “I encourage younger lawyers to develop a deep understanding of the law, cultivate strong communication and advocacy skills, and maintain a high level of professionalism in their practice.” – Ishaan Chhaya, Partner at Revera Legal.

    “I encourage younger lawyers to develop a deep understanding of the law, cultivate strong communication and advocacy skills, and maintain a high level of professionalism in their practice.” – Ishaan Chhaya, Partner at Revera Legal.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    After over 13 years of experience in representing clients in disputes, through arbitration and court proceedings, can you tell us what initially inspired you to pursue a career in law? What motivated you to establish your professional journey in this field?

    My initial outlook towards law was fraught with ignorance – in school, one never saw it as an option. Law opened up as a career when I fortunately received admission into National Law University, Jodhpur and decided to join on my parents’ insistence. As time passed and as my studies progressed, having already been a voracious reader, I became drawn to the intellectual challenges and problem-solving aspects that the legal profession offers. I realised that law pervades almost every aspect of life and society which leads to learning new and interesting things every day. Once I graduated, the satisfaction of being the means for clients to secure their rights provided (and still provides) the drive for my legal practice..   

    Having gained substantial experience at law firms such as Phoenix Legal, and Tuli & Co., how has your approach to dispute resolution evolved over time? What unique perspectives have you brought to Revera Legal in your current role as Partner?

    Over the years, my approach to dispute resolution has evolved from a purely academic and legalistic approach to a more holistic and practical one. I have come to realize that effective dispute resolution requires not only a deep understanding of the law but also a keen awareness of the commercial and practical realities facing my clients. I believe in taking a proactive and solution-oriented approach, working closely with my clients to develop strategies that not only achieve their legal objectives but also align with their business goals. At Revera Legal, I have brought this perspective, along with my extensive experience in handling complex commercial disputes, to provide our clients with comprehensive and commercially sound legal advice and representation.   

    You’ve handled high-profile arbitration cases, including disputes in an LCIA-administered arbitration. What legal strategies did you employ to address the complexities of fraud and misrepresentation allegations in international arbitration, and how do you navigate challenges arising from differing governing laws and jurisdictions in cross-border disputes?

    Proving fraud requires demonstrating that the person committing fraud acted with intent to deceive, which can be difficult to establish through evidence in a civil trial. Fraud cases often involve intricate fact patterns and transactions, making it challenging to present a clear and concise case to the arbitral tribunal. In arbitrations involving fraud and misrepresentation, I therefore focus on building a strong evidentiary foundation. This includes meticulous document review, financial analysis, and engagement of forensic experts if needed. I also carefully analyse the arbitral tribunal’s procedural rules and the applicable law to tailor my arguments. In cross-border disputes, navigating jurisdictional and governing law issues requires a thorough understanding and crafty application of conflict-of-laws principles. In fact, as I speak, we are currently preparing for a potential dispute which presents an interesting conflict between Indian and US jurisdictions

    In the case of National Insurance’s claim against Chubb European Group under a  reinsurance policy, what challenges did you face when representing the insurer before the National Consumer Disputes Redressal Commission?

    The National Insurance case presented a unique challenge as to whether the scope of consumer disputes includes reinsurance disputes. To address this, our team at the time. I  focused on demonstrating that the reinsurance policy in question was not being used for commercial purpose but rather a means for National Insurance to protect itself from significant losses that may affect its bottomline in the event that it settles a large insurance claim. The challenge was that to an untrained eye it would appear that an insurer, being in the business of providing insurance, was simply leveraging its reinsurance cover for receiving heftier premia in its insurance policies. We drafted submissions based on the specific terms of the policy and reinsurance notes, IRDAI regulations governing reinsurance in India, industry practices, , and relevant case law to show that obtaining a reinsurance policy is not used for generating profit but rather acts as security for unforeseen losses to the insurer. A final decision in the matter is pending I believe and I hope that the foundation that we created in the case years back, leads to the Hon’ble Commission ruling that an insurer is a consumer of reinsurance coverage and therefore can file a consumer complaint against its reinsurer.

    Drawing from your experience in providing pre-arbitration strategic advice for a FIDIC-based contract with the Ministry of Defence, what are the critical considerations when preparing the client for such disputes and future arbitration proceedings?

    A fundamental strength of FIDIC contracts is their emphasis on clearly defining and allocating risks between the employer and the contractor. When advising on FIDIC-based contracts, I first emphasize proactive contract management to mitigate potential disputes. This includes ensuring clear documentation of all project-related communications, adherence to contractual timelines and procedures, and prompt identification and resolution of any ambiguities or disagreements within the framework provided by the contract. However, should the case proceed to arbitration  the focus always remains on building a strong case file,  which needs in depth identification, analysis and organization of evidence much prior to invocation., Successful claims (or counter-claims) in such an arbitration and often depend on lawyers efficiently and accurately synchronizing and linking timelines, technical evidence and contractual provisions before formulating the statement of claims or defence.

    Your commitment to fostering diversity within the legal profession is admirable. How do you ensure that aspiring lawyers receive the mentorship and opportunities needed within your firm? What key qualities do you look for when mentoring young lawyers, and what guidance do you offer them as they navigate their legal careers?

    At Revera Legal, we are committed to fostering a diverse and inclusive work environment. We provide aspiring lawyers with mentorship opportunities, training programs, and challenging assignments to help them develop their skills and advance their careers. When mentoring young lawyers, I look for qualities such as intellectual curiosity, strong work ethic, and empathy with a client’s position. I encourage younger lawyers to develop a deep understanding of the law, cultivate strong communication and advocacy skills, and maintain a high level of professionalism in their practice. Irrespective of personal or professional difficulties throughout their career, lawyers must foremost ensure that their client’s best case is presented.

    Given the demands of your career and leadership position, how do you personally manage to maintain a work-life balance? Additionally, how do you encourage your team to prioritize a healthy work-life balance while excelling in their professional roles?

    Maintaining a work-life balance is crucial for both personal well-being and professional success. Though this appears to be a difficult endeavour in the practice of law, which requires constant attention, reading and mental exertion, do attempt and encourage proper time management,  and distribution of responsibilities amongst the team to the extent possible. Lawyers are always doing a lot of heavy lifting, whether in court practice or transactional negotiations. In such a situation, having a  flexible work environment, rewards and recognition for achievements and drawing boundaries between work and personal life ensures sustainable growth in the profession. 

    In your view, what role will technological innovation play in shaping the future of the legal profession, particularly in the areas of arbitration and dispute resolution?

    Technological innovation is transforming the legal profession as I knew it at the inception of my career, and I believe this trend will continue to accelerate. In arbitration and dispute resolution, we are seeing the rise of online dispute resolution platforms, the use of artificial intelligence for document drafting and review as well as the adoption of virtual hearings by courts throughout the country. I also see that several lawyers and esteemed judges have altogether stopped using paper, instead using tablets and laptops in court, all of which are helpful in organizing, reviewing and carrying voluminous files, and are certainly friendly to the environment. In fact, I believe even notarial services are now being offered online, which are helpful when parties are located in far flung jurisdictions or locations. These innovations have the potential to make the dispute resolution faster, more efficient, cost-effective, and accessible. I am excited to embrace these advancements and leverage them in my firm and practice.

    Get in touch with Ishaan Chhaya –

  • “Trial advocacy is story telling. It is the skill of bringing out what really happened and this principle is true no matter the nature of the dispute.” – Mikhail Behl, Counsel, Arbitrator & Mediator at Chambers of Mikhail Behl.

    “Trial advocacy is story telling. It is the skill of bringing out what really happened and this principle is true no matter the nature of the dispute.” – Mikhail Behl, Counsel, Arbitrator & Mediator at Chambers of Mikhail Behl.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Was there any particular experience or realization that solidified your commitment to pursue a legal career?

    Let’s just say that there have been moments in my life as well as in the lives of the people I hold closest to me where we could have benefited from having someone advocate for us. 

    After completing your law degree, you went on to pursue a Master’s at The University of Edinburgh, a highly respected institution. Could you share some insights from your time there and elaborate on why you chose this particular university over others? Additionally, being a recipient of both the University of Edinburgh’s International Masters Scholarship and the R.D. Sethna Memorial Trust Scholarship is an impressive achievement. How did these scholarships impact your academic journey?

    I was considering two schools, Columbia and the University of Edinburgh. Both their LLM programs in IPR were being run by people who I thought were at the forefront of Copyright law, Jane Ginsburg and Charlotte Walde respectively. 

    I opted for the Edinburgh LLM program because I was granted the University’s scholarship for India which together with the RD Sethna scholarship covered tuition. At the time my father who is a veteran of the Armed Forces had just retired from service and honestly without the assistance from these scholarships further studies would not have been possible at all.   

    You were a law clerk in the Bombay High Court. What are your takeaways from your clerkship at the Bombay High Court?

    My clerkship period taught me how important it is to have good people in high office. Ultimately, the justice delivery system is a human agency and as a law clerk in a High Court you will see how immense and immediate an impact it has on the lives of people. 

    After your Masters, you joined the chambers of Senior Advocate Dinyar D. Madon. Describe chamber life and how that period influenced your practice?

    I remember as if it were yesterday walking into Mr. Madon’s Chambers with just my C.V. in hand – no appointment and no references. It was a few days before Courts were to resume after the Diwali vacations and in Mr. Madon walked with his assistant Sanjay bhai carrying his freshly dry cleaned monkey jacket and gown. While I waited for an opportunity to speak with him, I had my first interaction with Cyrus Ardeshir (now himself a Sr. Advocate), his most senior junior at that time. I recall Cyrus stopping the dictation of a draft and speaking to me for a good five to ten minutes. I didn’t know it at the time but I think now that was ‘the interview’.  When I finally had a meeting with Mr. Madon, it was less than a minute and Mr. Madon told me he couldn’t take me in because chambers was full, he told me he had just taken on two more juniors just days before. I asked him to keep my C.V. but resigned myself to this being another rejection. In all, I was probably rejected by 20 chambers across the city most refusing to even see me.    

    A couple of days later, however, I got a call from Mr. Madon asking me to join from coming Monday. I couldn’t believe it, I later learned it was Cyrus putting in a good word for me that convinced Mr. Madon. I treat that moment as the first door that had been opened for me in the profession, every opportunity that I have had thereafter could only have been possible because Mr. Madon and Cyrus took a chance on a young stranger. There was no reason for Mr. Madon to call me back, I was a nobody and had no references to speak on my behalf. But this is who he is at his core, someone who helps. I wish more people knew this about him he is immensely charitable. 

    I know a lot of people probably think Mr. Madon’s chamber is too strict or old fashioned. Chambers had a strictly ‘no stubble’ policy. Interns have been sent away from work for breaking this rule. If we were leaving court for chambers it was bands off and ties on. Ties were mandatory in chambers. I wish I could tell you this was difficult for me, but I come from a very disciplined background, my father is a veteran, his brothers are veterans and his father was a veteran. My grandfather on my mother’s side was also a veteran. I loved it! In a lighter vein being clean shaven came easy for someone who till this day can’t grow a proper beard, so I may have gotten away with just shaving every other day. 

    I think I was very fortunate to join Mr. Madon at that particular phase of his career. He was absolutely flooded with work and would have anywhere between 20 to 40 matters on board on any given day. It was not unusual for evenings to have as many as 10 briefings. Then there was also Cyrus’s work. The juniors in Mr. Madon’s chamber shared a common work area and I think I learned how to draft just by listening to Cyrus dictate his drafts. I probably found my regular briefing attorneys through Cyrus as well who would ask me to fill in if he couldn’t it make it for a matter. All in all the exposure was immense. Chambers had a great library managed by Jairam a savant at whom you could literally throw any random proposition and within minutes he would just magically show up with the citation or source you needed.  

    If you haven’t worked with Mr. Madon, let me tell you he reads vertically and not horizontally and he does this super-fast. Most people think he is just flicking pages until he corrects them about the contents of an Affidavit or pleading. Working with him caused you to develop “coping” or “keep up” abilities that benefit me till this day. For me initially, this meant working very long hours and so I was entrusted with the keys for chambers. I locked up almost every night I was at his chambers. I think my key takeaway however from my period in Chambers was how important it was to develop your first principles. These principles if readily at your disposal are definitive of the fate of a proceeding and obviously also your career.  

    The immense exposure at chambers helped me realise my own strengths, weaknesses and interests. Just being associated with chambers gave me my first opportunities as an arbitrator. Judges knew that I was from his chamber and that everyone from his chambers had both ability and integrity the most important attributes of an arbitrator.  

    With over 50 trials and a breadth of experience across multiple legal domains, what advice would you offer to young lawyers aspiring to develop a diverse practice similar to yours? Which specific skills or qualities do you believe are essential for success in such a competitive and multifaceted field?

    Trial advocacy is story telling. It is the skill of bringing out what really happened. This principle is true no matter the nature of the dispute. Once you understand this things start falling in place. The skills required are actually fairly achievable, I do not personally subscribe to the belief that this is any form of mysterious craft or skill. The ideal trial lawyer builds an understanding of how things should have been or were intended to be and works out the anomalies in the case before them from this understanding. A good trial lawyer should also work on building their intuitive powers, because understanding who they are examining and how those persons think and behave is vital. They will accordingly do well to learn to identify ‘tells’, traits and patters in people as this will help them in any trial. 

    In handling intricate trademark infringement and passing-off cases, you demonstrated remarkable expertise. Can you walk us through your approach in addressing complex issues like packaging similarity, particularly in the context of pharmaceutical products? 

    In these kind of cases, one is really presenting to the Court the likely perceptions of an imperfect and average human being as grounds for granting or refusing relief. Understanding this standard is definitive of success in this area of law.  

    Tell us something about the journey involved in setting up your own chambers and your decision to specialise in ADR?  

    I think setting up one’s independent chambers is fairly universal in the city of Mumbai. The more difficult question is probably the decision to specialise. This requires both introspection and courage. For me mediation and arbitrations fit well into my core skill sets. I think I am a good listener, I actually enjoy listening to people more than I do speaking. I love writing and it is something I think I do well. Over time I think I have developed a very distinct identity in my writing style as well. Writing is the most core ability an arbitrator can possess. Ultimately the entire arbitration is about the arbitrator’s award/order and if this output is lacking the process is meaningless. The fact that the Supreme Court has a constitutional bench mulling over the need for adapting an award is testimony to the importance of a well written award. 

    Balancing a successful legal career with personal life is undoubtedly challenging. How do you maintain this equilibrium? What strategies or routines do you employ to ensure both your professional commitments and personal well-being are well-managed, especially considering the demanding nature of your career?

    I wish I could tell you I have the perfect life. But that would be a lie. I have always wanted to be a “sports and extracurricular dad”. My most recurring dream is me teaching or watching my child learn the sport of their choice. But that dream hasn’t worked out for me. 

    That failing aside, I do have very many interests outside of law and I have no hesitation or shame in saying I am not a slave to the profession. I do not believe law is a jealous mistress. Because I know lawyers benefit from knowing things outside of law! I actively engage with a network of friends outside of the profession. I am always curious to know from them how their businesses’ work and how they deal with variable situations as and when those may arise in their respective fields. This network of friends has given me unimaginable insight into varied areas of commerce and trade. One I could never have obtained from just reading briefs or limiting my interactions to just other lawyers. 

    I am an avid mountaineer and have done several expeditions and treks both solo and through organised treks. My earliest memories are of camping in the Himalayas with my father of learning to pitch a tent probably at the age most kids learn to tie their shoes. I am extremely fond of landscape and architectural photography and have had my photographs featured in exhibitions around the world. 

    Over the last 7 years I have actively invested in learning and becoming proficient in Olympic weightlifting and powerlifting. I have done two accreditation courses as well, though I have no intention of teaching anyone other than myself. This activity in particular is what keeps my health both mental and physical well managed. I wish more lawyers understood the benefits of strength training. It is literally a lifesaving and life enhancing activity. I think most of the stresses lawyers encounter and even the insecurities lawyers have about themselves would disappear if they explored a more healthy life. I have also studied nutrition and follow a good sustainable diet and have a very healthy relation with food. 

    But the number one thing that brings me peace and happiness is spending the weekend with my parents. Every night before I sleep I thank god for my parents, they are truly remarkable people who have overcome such tremendous odds to become extremely well respected and loved people within their community. My father is a renowned oncologist and my mother is an adored educator. Trust me if you knew the circumstances they came from this shouldn’t have been possible. There is pure magic in their spirit. It is such a fortuitous conspiracy that they are my guides in this world. They gave me every opportunity they did not themselves have.  

    As a sole arbitrator in more than 100 arbitral proceedings and a member of several prestigious panels, including those of HKIAC, SIAC, and ADGM, how do you envision the future of Alternative Dispute Resolution (ADR) in India, particularly in relation to complex commercial disputes? How do you see the evolution of ADR in comparison to global institutions?

    I see ADR as the only hope for private dispute resolution in India. The court system is incapable of meeting India’s needs to resolve private disputes efficiently. The court system should in my opinion be limited to a scrutiny of citizen-state actions. The proposed introduction of arbitration appellate tribunals and recognition of emergency arbitrators is a great step towards developing an appropriate eco-system for private dispute resolution. What also needs to be done is to provide a separate execution mechanism and robust measures such as contempt and criminal prosecution against bad actors, both users, lawyers and arbitrators functioning within this private dispute eco-system. 

    Having successfully navigated the Bar Standards Board application process in the U.K. and being granted exemptions based on your experience, how has this international qualification enhanced your legal practice both in India and the U.K.? Furthermore, how has your accreditation as a mediator influenced your dispute resolution strategies and the way you approach conflict in your legal career?

    Becoming a barrister was an ambition I had to put aside for a while as I had to return home after my Masters for personal reasons. For fate to conspire and to later be made a barrister through the accelerated process with full exemptions from all academic and vocational training components was a miracle. Being called to bar at Lincoln’s Inn by none other than the Master of the Rolls was a surreal moment one that is etched in my memory and one I will cherish forever. Being dual qualified now allows me to not only receive instructions as counsel in multiple jurisdictions but to also act as arbitrator in disputes where English law applies. 

    My decision to undergo formal mediation training was born out of past experiences. I have seen far too many likely settlements fail both as counsel and arbitrator to not recognise an underlying failing within me as cause thereof. I am not one to let such failings persist. 

    The mediator training course at the Royal Society of Mediators taught me path breaking techniques that I apply subtly all the time as counsel and arbitrator. I think I am now always silently working away at a likely mediated settlement. When I function as a neutral the pure joy of using these techniques to bring people to a principled dialogue is by far the most satisfying part of my legal practice. To be honest, it has helped me immensely in my personal life as well. It is finely tuned my instincts and improved my communication abilities. An earlier version of me listened to respond and the new me listens to understand.  

    Get in touch with Mikhail Behl –