More than a decade into your legal career, it must feel like a time lapse to reflect on how it was when you started versus how it is now. How has the experience changed?
There has been a significant shift in the entire concept and perception of legal practice. In India, the legal profession has always been regarded as a noble one, and it has grown rapidly over the past 50 years to become the world’s largest branch of the profession.
When I started, legal practice was not as professionalized as it is today. Now, it is managed like a business, with considerable emphasis on marketing one’s profession through online platforms.
We relied heavily on books, working tirelessly to gain legal knowledge and searching for judgments. Hours were spent just browsing through voluminous texts. However, with the advent of the Internet, there is now greater access to information related to legal practice. All information is just a fingertip away. Nowadays, young professionals have everything at their disposal—from information to apex court judgments and even guidance on how to draft an application. Everything is handed to them on a platter, ready to be served and consumed. Additionally, there has been a growing preference among young graduates to join law firms, which was not a common choice earlier.
Litigation is often very stressful, and managing both professional and personal life must be challenging. Could you please share some tips on balancing both for success?
Litigation is a very time-consuming venture. It demands a significant investment of our time, involving intensive study, research, and hours spent going through documents and drafting applications. Presence of mind is crucial while drafting or making a submission before the court, as even a minor mistake can cause significant harm to our clients. Legal practice is serious business and should not be taken lightly, which leaves us with very little personal time. However, it’s essential to recognize that our mental and physical well-being is equally important. Success in our professional lives is intertwined with our personal lives. A healthy mind and body are vital for a successful career, so we must take adequate care of ourselves. Sufficient sleep and healthy eating habits are essential as well.
Having practiced at both the trial court and high court levels, what differences in work culture have you observed?
The High Court is the highest judiciary in the state. It is the apex court, and all other courts are subordinate to it. The High courts are Courts of Record, and their decisions can be used by subordinate courts as references when delivering judgments. The High Court decisions are binding on all lower courts within the state over which it has jurisdiction.
A trial court, on the other hand, is a court of original jurisdiction where trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review.
Unfortunately, there has been a noticeable decline in the work culture at all levels of the judiciary in recent years. There are prolonged delays in court proceedings, despite the constitutional guarantee of an expeditious trial under Article 21 of the Constitution of India, which aims to provide relief as quickly as possible to aggrieved persons.
You’ve recently been involved with some environmental concerns. How do you take climate responsibility at the individual level, if you could highlight your efforts?
We are all aware of global warming—a gradual increase in the Earth’s temperature, primarily due to increased levels of carbon dioxide, CFCs, and other pollutants. Various factors contribute to global warming, including deforestation, excessive use of vehicles, air conditioners, refrigerators, and industrialization.
Deforestation is a significant cause of global warming, and the resulting imbalance in the ecosystem leads to droughts and floods.
At present, I am dealing with issues related to rampant, unscientific, and life-threatening illegal mining and stone quarrying activities in certain parts of the Birbhum district in West Bengal. These operations involve activities such as drilling, blasting with heavy explosives, excavation, loading, transporting, crushing, and size separation, all conducted without adequate safety measures. Crushers are being operated without any licenses or permits from the appropriate authorities. The hills have been reduced to half their height. The entire atmosphere is covered in dust, endangering the health and lives of the local population, and threatening to disrupt the ecosystem in the future. Although the Honorable National Green Tribunal, Eastern Zone Bench, Kolkata, has passed an order to immediately halt these illegal operations, the mining and quarrying activities continue in utter disregard of the court’s order. This is a matter of great concern for me.
Recently, the entire criminal justice system received an overhaul with the new criminal codes. We would love to hear your take on this.
Yes, the Indian Parliament recently passed three new criminal laws: The Bharatiya Nyaya Sanhita (BNS), The Bharatiya Nagarik Suraksha Sanhita (BNSS), and The Bharatiya Sakshya Adhiniyam (BSA).
These new laws came into effect on July 1st, 2024, and are set to replace the existing Indian Penal Code (IPC), The Criminal Procedure Code (CrPC), and the Indian Evidence Act, respectively.
The Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code. It introduces several new offenses, such as Clause 69, which penalizes sexual intercourse conducted under deceitful means, such as false promises of promotion or employment, marrying after concealing one’s identity, or through other forms of inducement.
Another significant change is the recognition of murder on grounds of caste, community, or race as a distinct offense, as per Clause 103 of the BNS. There are also provisions related to terrorism and organized crime, as mentioned in Clause 111(1) of the BNS. Additionally, Clause 304(1) of the BNS introduces and defines a new term: “Snatching.”
Similarly, The Bharatiya Nagarik Suraksha Sanhita replaces the Code of Criminal Procedure of 1973. It mandates forensic investigation for offenses punishable by imprisonment of seven years or more and allows the production of electronic communications as evidence during investigations, trials, or inquiries.
The Bharatiya Sakshya Adhiniyam (BSA) permits the introduction of electronic and digital records. To provide better protection and transparency in the investigation of rape cases, the law allows for oral evidence to be taken electronically and recorded via audio-video.
We often overlook client management. How important is it in individual practice, and how can one learn this skill?
The legal profession is a noble one, introduced to assist those aggrieved by serious issues such as threats to their safety or dispossession of their properties. We must always take our clients’ problems seriously and strive to achieve justice for them through appropriate legal proceedings, arbitration, and other means.
You have been involved in both litigation and arbitration. How do you perceive the recent trend towards strengthening ADR (Alternative Dispute Resolution) in the country?
The legal framework for resolving disputes through Alternative Dispute Resolution is provided under Section 89 of the Civil Procedure Code, 1908. This section recognizes arbitration, conciliation, mediation, and judicial settlement, including settlement through Lok Adalat.
For me, providing legal relief to my clients as expeditiously as possible is of utmost importance. The overall delay in legal proceedings can frustrate the timely delivery of justice. Resolving issues through mediation, arbitration, and judicial settlement is less time-consuming and offers an alternative channel of relief.
How do you stay connected with your interns and students? Any tips for youngsters in this profession?
My interns and students are like my own children. I feel a deep responsibility toward them and connect with them on a personal level. I remember my first days in court—the newness, the lack of practical experience, the uncertainties. It was all so alien to me. These memories help me understand the confusion and challenges my interns and students may face. I strive to be understanding and compassionate, going out of my way to make them feel at ease and impart whatever knowledge I have gained over the years.
My advice to youngsters is to remain positive, patient, hardworking, and dedicated to their profession. They should also uphold strong principles in both their professional and personal lives.
Can you share a motivational book or film, or a philosophy that keeps you going?
I believe that my life is a book in itself, filled with experiences—the ups and downs I’ve faced, a deeper understanding of human nature, and the maturity I’ve gained over the years. Observing people and their behavior, especially how their approaches change with circumstances, has provided me with valuable insights. I am writing about my experiences and the lessons I’ve learned during my journey in the legal profession over the past decade.
It may sound a bit introspective, but when I reflect on the incredible experiences I’ve had—from my childhood to becoming the person I am today, a woman with maturity and integrity—I can humbly say that I am my inspiration.
The legal domain is undergoing transformative changes, and lawyers need regular upskilling. How do you keep yourself updated with this tide of change?
The legal profession in India has evolved significantly over the centuries. Since independence, the Advocates Act of 1961 has brought about substantial reforms, contributing to the effective administration of justice in society. The profession has become more globalized, with numerous amendments to the laws of our country. Therefore we as lawyers, must stay actively updated with these changes through both offline and online studies of the latest laws and judgments.
Can you share what inspired you to pursue a career in law and how your journey began at Amity Law School, New Delhi?
From a young age, I was drawn to a career in law. The respect and prestige associated with the profession initially piqued my interest while I was still in high school. The influence of my uncle further solidified the decision. J.K. Das, a Senior Advocate. His practice and the engaging stories he shared about the legal field deeply inspired me.
Determined to pursue law, I discussed my career choice with my parents, who supported my decision. I opted for an integrated five-year law course and focused solely on preparing for the entrance examination. At that time, Amity Law School in New Delhi was highly regarded for its five-year law program. After successfully clearing the entrance exam, it became the natural choice for my legal education. At Amity Law School, I gained a solid understanding of legal concepts. Many of the professors, who were former practitioners, provided invaluable practical guidance and insights, enriching my academic experience with real-world applications.
You’ve represented clients across various sectors, from telecom sector to real estate to dispute resolution. How do you adapt your legal strategies when switching between such diverse industries?
Every case and client has unique demands, making understanding their wishes and aims fundamental to effective representation. Each industry requires a tailored strategy, and adaptability is crucial. For example, in the real estate sector, my primary focus is to protect my client at the stage of contract execution. The goal is not to suppress the consumer or customer but to ensure that the contract remains balanced and fair within the statutory framework and compliance requirements. This approach ensures that the contract does not become lopsided, protecting the client’s interests while upholding legal and ethical standards. In commercial arbitration matters, the aim is to try and attempt to get a just and quick resolution for the client.
The emphasis is thus to have a client-centric legal practice and adaptability in meeting their needs effectively.
What motivated you to start your independent practice in 2017, and what challenges did you face during this transition?
After working as a junior lawyer under seasoned and experienced professionals, transitioning to establish my independent practice felt like a natural progression. During my tenure as a junior, I dealt with a variety of legal issues and gained significant experience in briefing senior counsel. I was fortunate to have skilled mentors who guided me through the formative years of my career. Their support and mentorship provided me with the confidence and foundation needed to embark on my legal practice.
For a first-generation lawyer, establishing an independent practice presents significant challenges. Without a family background in law, navigating the complexities of setting up a practice and building a professional network can be daunting. However, the support and mentorship I received from experienced seniors played a crucial role in overcoming these obstacles and achieving success in my practice.
Independent practice as a litigating lawyer has two facets to it, on the one hand being an independent practitioner gives you the freedom to have complete control over your schedule or work, working style cases etc, whereas on the other hand having a sustained clientele in the beginning is a constant concern. Transitioning to an independent legal practice often also involves a significant shift from the stability of a regular income to the uncertainties of variable financial stability. However, with hard work and sincere efforts, one can overcome these difficulties and achieve success in establishing an independent practice.
Your experience spans multiple judicial fora. How do you prepare differently for cases in the Supreme Court versus other tribunals?
Arguing before any legal fora may appear glamorous, but it demands significant hard work and effort. Although there is not much difference in preparing for cases before the Hon’ble Supreme Court or any other fora, the basics remain the same i.e. being fully prepared with the facts of your case. Being prepared with your file, and its minutest detail is essential for preparing your case before any legal fora.
Given your extensive experience with the NCLT and NCLAT, what trends do you see in corporate law and insolvency matters today?
Insolvency laws are indeed evolving, and each case can bring new interpretations and clarifications. The distinction between “Operational Creditor” and “Financial Creditor” is a prime example of how nuanced and complex these laws can be.
In the context of the Insolvency and Bankruptcy Code (IBC) in India, “Operational Creditors” are typically those who provide goods or services to the debtor, while “Financial Creditors” are those who lend money or provide financial assistance. The confusion you mentioned, particularly regarding authorities like NOIDA, highlights the challenges in applying these definitions to specific cases.
The Supreme Court’s ruling in NOIDA vs. Anand Sonbhadra was indeed pivotal. By clarifying that NOIDA qualifies as an Operational Creditor rather than a Financial Creditor, the Court helped to resolve ambiguities and set a precedent for similar cases. This kind of judicial intervention is crucial for providing clarity and ensuring that insolvency proceedings are conducted fairly and consistently.
You’ve written about the US Supreme Court conducting hearings via telephone. How do you see technology shaping the future of legal proceedings in India?
During the COVID-19 pandemic, while the world came to a standstill, our judiciary continued its operations. I recall that at the pandemic’s onset, Justice Siddharth Mridul (as he was then) conducted urgent court hearings via WhatsApp to address the well-being and transportation of students stranded in Kazakhstan. These instances highlighted the pivotal role of technology in the administration of justice. The global pandemic underscored the importance of technological advancements, demonstrating that even the legal profession is now deeply intertwined with technological progress.
The legal field by its very nature is dynamic and ever-evolving and our legal system has adopted such advancement. The introduction of technology has indeed made our courts much more accessible, and transparent. Hybrid hearing is a norm in courts in Delhi, from District courts to the Hon’ble Supreme Court.
While I acknowledge the benefits of technological advancements, I believe there are still limitations to address, such as the need for a reliable internet connection. Additionally, I feel that traditional in-person arguments can be more effective than virtual ones. Face-to-face interaction with the Court often provides a significant advantage in conveying your arguments persuasively and effectively. What was the process like for you to qualify as an Advocate-on-Record with the Supreme Court of India, and what key strategies or insights would you share with those preparing for this examination?
What advice would you give to young legal professionals aspiring to specialize in corporate law and dispute resolution?
For any young professional aiming for success, there’s no substitute for hard work. Burning the midnight oil, especially in the initial years, is often necessary. Alongside diligence, the ability to think on your feet and read the room is crucial. For lawyers, this means not only focusing on the facts of a case but also being attuned to the judge’s reactions to achieve the best outcome for their clients. Also one should be open to exploring diverse practice areas for gaining valuable experience.
Staying updated on recent developments in the law is non-negotiable. The legal landscape, particularly in dispute resolution, is constantly evolving. For instance, the correctness of an arbitral award can now be decided through a curative petition, despite the general principle of minimal judicial intervention. Thus, being aware of these changes is essential.
Lastly, one important lesson I learned early in my career was the value of respecting opposing counsel. Maintaining professionalism and courtesy is key in any legal practice.
Outside of your legal career, do you have any hobbies or interests that you feel contribute to your effectiveness as a lawyer?
Reading short anecdotal stories related to the legal field is a wonderful way to stay connected to your work while enjoying some downtime. It can also provide valuable insights and inspiration for your practice.
Playing team sports like volleyball and cricket is a fantastic way to unwind and develop important skills beyond the courtroom. The teamwork and strategic thinking involved in sports can translate to a more collaborative and strategic approach in your legal work. Physical activity is a great way to relieve stress and keep your mind sharp. It’s great to hear you’re managing to integrate these passions into your busy life!
Can you share what inspired you to pursue a career in law and how you embarked on this journey?
Growing up, I always had a keen interest in understanding the intricacies of systems, whether economic, social, or legal. However, after completing my Economics Honors degree, I was still determining my next steps and decided to take the Delhi University LLB exam. The decision to sit for the Delhi University LLB exam was initially driven by practical considerations; law seemed like a vocational course with promising career prospects.
However, as I delved into my law studies, I developed a keen interest in commercial laws, particularly in the area of Intellectual Property (IP). This interest was sparked during internships at leading IP firms, where I witnessed the importance of trademarks and other IP elements in protecting business identities and innovations. My enthusiasm for law translated into academic success; I consistently ranked among the top 5% of my batch, which comprised around 800 students. My dedication led to an opportunity with Anand & Anand, a prestigious IP firm, which marked the beginning of my professional journey in law. What started as a pragmatic decision evolved into a fulfilling career focused on the intricate and impactful field of IP law.
You’ve managed high-stakes litigation for leading companies. Can you describe one of the most challenging cases you’ve handled and the key takeaways from that experience?
In my career, I’ve been involved in several trademark litigations, successfully enforcing rights related to brand names, logos, trade dresses, copyrights, and other similar IP rights. One of the most challenging cases I’m currently handling is an ongoing appeal at the Delhi High Court in a patent matter. The dispute centers around the appropriate jurisdiction for filing an appeal against a refusal order issued by the Delhi Patent Office, despite the patent application being initially filed in Mumbai. We contend that the Delhi High Court should have jurisdiction since the refusal order was passed in Delhi.
The case took a complex turn when a single judge bench at the Delhi High Court declared the appeal non-maintainable. We have now escalated the matter to a division bench, seeking a reconsideration of the jurisdictional issue. This case is particularly intriguing as it could set a precedent for similar jurisdictional disputes in IP law. The outcome will significantly impact the strategic considerations for patent litigation in India. The ongoing appeal is a testament to the complexities and nuances involved in IP litigation and underscores the importance of jurisdictional clarity in legal proceedings. [FILO EDTECH INC. Vs UNION OF INDIA LPA 375/2024]
As an expert in Intellectual Property Law, what do you consider the most critical elements when managing trademark prosecution and litigation?
In managing trademark prosecution and litigation, I find that the most critical elements revolve around preparation, strategy, and adaptability. First and foremost, comprehensive research is key. Before filing a trademark, it’s crucial to conduct thorough searches to ensure the mark is distinctive and doesn’t infringe on existing rights. This groundwork helps avoid potential conflicts and sets a solid foundation for the trademark’s protection.
Another important aspect is strategic planning. Anticipating challenges whether, during the prosecution phase or in potential litigation, allows us to develop a proactive approach. For instance, being prepared for opposition or knowing when to negotiate versus litigate can significantly influence the outcome.
Communication also plays a vital role. Clear and persuasive communication with clients, examiners, and even opposing parties can make a big difference. Whether, it’s drafting responses to office actions or presenting arguments in court, articulating our position effectively is crucial.
Lastly, I believe in staying adaptive and informed. The landscape of IP law is constantly evolving, so keeping up with the latest legal developments and industry trends is essential. This not only helps in staying ahead of the curve but also in providing the best possible advice to clients.
Overall, it’s a mix of thorough preparation, strategic thinking, clear communication, and continuous learning that I find most critical in managing trademark prosecution and litigation.
What emerging trends in corporate and intellectual property law do you believe will shape the future of legal practice, and how should legal professionals prepare for these changes?
Emerging trends in corporate and intellectual property law are increasingly shaped by advancements in technology, particularly AI. AI is revolutionizing how we draft legal documents, from contracts to IP pleadings, by streamlining the process and handling repetitive tasks more efficiently. This shift is exciting because it allows us to focus more on the strategic aspects of our work and provides clients with faster turnaround times. However, while AI can handle many routine tasks, we legal professionals must remember that the nuanced understanding and strategic insight we bring to the table can’t be replicated by machines.
To prepare for these changes, we need to embrace technology and stay updated on the latest tools and trends. Learning how to use AI effectively will enhance our productivity, but we should also focus on developing skills that complement these tools, such as critical thinking and personalized client interactions. By combining technological proficiency with our unique legal expertise, we can continue to add significant value and remain indispensable in a rapidly evolving legal landscape.
You developed an online certificate course on Copyrights for Lawctopus. How do you see the role of online education in shaping the future of legal training?
Online education is revolutionizing legal training by making valuable knowledge more accessible and affordable. Platforms like Lawctopus, where I developed a course on Copyrights, exemplify how online courses provide keen learners with the opportunity to dive deep into specialized areas of law without the constraints of traditional, lengthy, and costly degrees. For me, online courses have been a game-changer. When I wanted to expand my practice to include complex corporate law assignments such as multi-jurisdictional M&As, advisory on equity structures, cross-border transactions, and corporate restructuring, these well-crafted courses allowed me to gain the necessary expertise efficiently and economically.
The beauty of online education lies in its ability to offer flexible learning options that cater to various levels of expertise and interest. It empowers professionals to stay current with evolving legal trends and deepen their knowledge base, all from the comfort of their own homes. This democratization of education not only enhances individual careers but also contributes to a more knowledgeable and agile legal community.
Outside of your professional life, do you have any hobbies or interests that you feel contribute to your legal thinking or problem-solving skills?
Outside of my professional life, my hobbies play a significant role in enhancing my legal thinking and problem-solving skills. I’m an avid reader with a broad range of interests, including fiction, history, and philosophy. Additionally, I have a strong interest in personal development literature, which offers valuable insights into human behaviour and decision-making. This diverse reading habit sharpens my critical thinking and helps me approach legal issues from multiple perspectives, enriching my problem-solving abilities.
Travelling is another passion that complements my legal work. Exploring different cultures and engaging with people from various backgrounds provides me with unique viewpoints and approaches to problem-solving. This exposure fosters a more adaptable and open-minded approach, which is essential for tackling complex legal challenges. Both reading widely and travelling allow me to bring fresh insights and innovative solutions to my legal practice.
As someone deeply involved in the legal aspects of emerging technologies, what do you see as the most pressing IP challenges in areas like AI and cybersecurity?
In the realm of AI, one major challenge is defining and protecting intellectual property rights for innovations that are driven by machine learning algorithms. Determining ownership of AI-generated inventions or works can be complex, especially when AI systems are creating novel solutions without direct human intervention. This raises questions about patentability and copyright, and whether current IP frameworks are adequate for these advancements.
In cybersecurity, the challenge is ensuring that our intellectual property is safe from cyber threats. One notable example was when I was involved in a case where a company’s proprietary encryption algorithms were compromised during a sophisticated cyber-attack. The breach not only jeopardized their trade secrets but also raised complex questions about the effectiveness of their security measures and their legal obligations to protect their IP.
A key technical challenge here was understanding the intricacies of how the encryption was bypassed. This required working closely with cybersecurity experts to assess the vulnerability and determine how it could have been exploited. We had to delve into the specifics of the encryption technology, analyze the breach, and then figure out how to fortify the IP protection moving forward. This experience highlighted the need for a legal approach that’s deeply integrated with the technical aspects of cybersecurity. It’s not just about having legal protections in place but also understanding the technology to ensure that our IP safeguards are robust and adaptable to evolving threats.
Considering your diverse experience, if you could create a new area of IP law to address future challenges, what would it be and why?
If I could create a new area of IP law, it would focus on AI-generated innovations and Ownership Rights. As AI technology advances, it’s increasingly capable of generating new inventions, designs, and creative works autonomously. However, current IP frameworks are struggling to keep up with these developments, particularly in defining ownership and protection for AI-generated outputs.
The new area of law would address several key issues: establishing clear guidelines for determining ownership of AI-generated inventions, defining the role of human contributors versus AI systems, and creating a framework for protecting AI-created intellectual property. This would involve setting standards for patent and copyright eligibility when an AI is the primary creator and resolving disputes related to the rights of the developers versus the AI itself.
This proposed IP domain is crucial because it would ensure that as AI continues to innovate, the legal system can adequately protect and manage these advancements. It would help address the gaps in current IP laws and provide a structured approach to the future of creativity and invention in the age of AI.
You’ve witnessed the rise of digital platforms and their impact on IP. How do you envision trademark and copyright law evolving to address challenges in the digital space?
On the trademark front, online counterfeiting is a significant menace that demands more effective legal measures. In the digital landscape, where brands are prevalent across social media, online marketplaces, and app stores, companies face persistent issues with unauthorized use of their trademarks. This often involves numerous counterfeiters operating anonymously or under false identities, making it challenging to address each instance individually. Therefore, trademark law needs to implement more robust policies and practices to combat these widespread infringements efficiently. Instead of pursuing multiple litigations against individual offenders, we need a streamlined approach that can address these issues comprehensively and proactively.
As regards copyright, the digital revolution has made it incredibly easy to copy and distribute content, which complicates enforcement. I’ve dealt with cases where copyrighted materials were pirated across multiple platforms, making it a daunting task to track and address infringement. The law will need to evolve with better digital rights management tools and more effective takedown procedures. Additionally, as user-generated content becomes more widespread, we need to rethink how copyright law balances protecting original works by accommodating the way people build upon and remix existing content. This may involve developing new legal frameworks that both safeguard the rights of original creators and support the collaborative and adaptive nature of digital creativity.
As someone who’s navigated law firms, what insights can you share about the different dynamics and challenges in these environments?
Navigating law firms across different cities has given me a unique perspective on the varying dynamics and challenges in these environments. While the essence of law firms remains consistent—a client-driven focus aiming to provide top-notch services and build strong portfolios—there are notable differences influenced by local practices and court systems.
For instance, I’ve observed distinct operational nuances between law firms in cities like Delhi and Mumbai. The Delhi High Court and the Bombay High Court, for example, have different procedural practices and court cultures. Understanding these regional variations helps law firms tailor their strategies and services to better meet local demands and navigate the specific challenges of each jurisdiction. It also highlights the importance of adaptability and local expertise in providing effective legal solutions across different cities.
Can you share how you began your career in law and what motivated you to pursue this path? Was there someone who inspired or motivated you to make a career in Law?
I have seen my father crusading the cause of litigants, most of whom were poor and oppressed, and his commitment to the cause of justice, irrespective of whether his clients could pay his fees. With his excellence as a private counsel, who rose to the position of the Chief Standing Counsel for the State, rescuing public departments from many a piquant situation that arose during his tenure, I held him (and still keep him) as my role model and therefore I had no ambition, no aspiration, no other option but to study law and to serve and aid the ailing humanity with the power of Law.
With over 25 years of diverse experience in the legal field, what significant changes have you observed in the practice of law?
The technological developments worldwide have lessened the gap between fellow humans across the globe and social interactions which now happen worldwide on various social media platforms have not only broadened the horizons for budding lawyers but have enhanced their capacities and abilities. In olden times, legal research which mandated visits to libraries, and reading through books, journals and digests is now available with the click of a mouse. The information, which is available freely on the world wide web can be accessed by anyone and everyone, but then, there is certainly a word of caution for those who just believe in cut and paste, as many times, deceptive websites may offer a concocted information which may land the user in trouble. Technology and Law go hand in hand, but so do caution and care, which need to be exercised by those using technology to aid their research.
In your private legal practice, you have handled various cases in Family Laws, Civil, and Criminal Litigation. Can you share a memorable case and its impact on your professional growth?
Post Covid, there has been a spurt in cases relating to matrimonial relationships where the couple fight a concerted battle, which results in multiple FIRs being filed from either sides and related litigation in the form of a maintenance case, a case under Domestic Violence Act also being agitated in courts of law. A close look at the cases would reveal that these cases are mostly an outcome of an ego clash between the spouses where the role of an Advocate is more of a counsellor, who must use his skills to mediate and bring the parties to a consensus as, in a matrimonial case, and the cases that ensue, it is not only the couple which suffers, it is their families which suffer the trauma. In my role as an Advocate in matrimonial cases, I have successfully closed dozens of cases brought about an amicable settlement between the parties, withdrawn criminal cases, ensuring a better tomorrow for the estranged couple, by way of an agreement that created a win-win for the estranged couple.
A Memorable case that I would share related to a frantic phone call to me from a lady, a mother whose daughter aged about 13 years, complained of stomach ache and was taken to a nearby hospital where it was revealed that the girl child was pregnant and was carrying a live foetus. The family extremely poor, was devastated. On our intervention and request made to the SP, an FIR was registered and the culprit was arrested and sent to judicial custody. The bigger concern was the pregnancy which would have cost the girl child, her life. We coordinated, got a petition filed in the High Court and procured permission to abort the foetus, at state expenses. Post this traumatic incident, we handheld the girl, ensured that she was treated well and left her home, while also ensuring the payment of a compensation of 3.00 Lacs from the government, which would go a long way in sustaining her in the drama called life. All this was done gratis, pro-bono for which not a single penny was charged from the family/child.
Another memorable achievement, which is worth sharing, is the case of tourist guides of the all-famous Husainabad Trust, which owns the majestic and most beautiful monuments of Lucknow, the cultural hub of north India, and includes the signature monument of Lucknow – Rumi Darwaza, Asafi Imambada and Bhool Bhulayya, Chota Imambada etc. These tourist guides were not even paid the wages that were payable to an unskilled worker. At their request, we took up their cause pro-bono and ensured the grant of the minimum pay scale to these lesser privileged brethren, besides other social security initiatives, an effort which was lauded worldwide.
Having worked both as an in-house counsel and as an independent advocate, can you share your experiences and insights on the distinct challenges and rewards of each role, and how they have shaped your overall legal perspective?
Having aced my academics with distinction (Securing First Place in the LL.B. Examination from Jamia Millia Islamia and then having topped the Merit list of LL.M. from the University of Lucknow, securing 2 gold medals), I always craved knowledge on the working of the public as well as private institutions and I spent a considerable time, working for a central government PSU and a corporate giant, heading their legal wing. I learnt that while in government, officers are only conscious about saving their skin and trying how to delay and thereby stall a project (as one only becomes accountable when a particular action that is taken turns bad after a few years, making those who initiated and concluded the said appraisal vulnerable) private sector is just the reverse. The private sector is result/solution oriented, meaning thereby that the private sector understands the concerns and procedural hiccups but an in-house counsel is required to provide solutions on how to get a project going. In the private sector, it is the result that matters and the result is the determinant of the continuance of a job in a private entity, notwithstanding the business group which controls it.
The learnings from both the government and provide sectors which I have gathered through these formative years of my professional career are helping me in discharging my functions as a private counsel, as I understand the concerns and issues of both these enterprises and have an edge on my peers who are less aware on how the decision making takes place on these divergent sides. This knowledge and understanding help me serve my clients in a better and promising manner.
Your work in the preservation of heritage monuments in Lucknow is well-known. What inspired you to take up this cause, and what has been your most rewarding experience in this area?
Protecting and preserving culture, which is a determinant of an individual’s personality is a fundamental duty of every Indian, and when I work towards the concertation and preservation of monuments, I do so in the discharge and fulfilment of my fundamental duty. The monuments of Lucknow and adjoining districts are uniquely distinct and have an aura that resonates once you even have a cursory glance over them. These monuments have always fascinated me as a child and I used to fight with my friends who would scribble on the monuments. The fascination turned into a passion when in the year 2008, I was entrusted with a monument (Mausoleum of King Amjad Ali Shah, Hazratganj, Lucknow constructed in 1847) as a trustee appointed by the State Waqf Board. In a struggle that ensued, it transpired that the monument, which was a centrally protected monument was obscured, vandalised and on the verge of an imminent collapse, forming a part of the “Lost Monument” of Lucknow. Since neither the Wakf Board, nor the earlier committee of the Waqf had any documentation regarding this monument, the RTI Act came to our rescue and the RTI Applications we filed before the concerned authorities, visits to the Archives, regular follow-ups with the authorities resulted in the initiation of action, initially with the removal of encroachments from within and around the monument, and then its conservation and preservation, as a result whereof, the monument now stands restored as a live monument. Unfortunately, during the first COVID lockdown, the outer gate of the monument crumbled down, which has also now been fully repaired and conserved as a result of our efforts and follow-ups with the concerned stakeholders. The most rewarding moment was being adjudged “One Man Preservation Movement” by the internationally acclaimed magazine “The Economist” in Oct 2016.
The learnings gathered from the Mausoleum of King Amjad Ali Shah are now being replicated for the other similarly situated monuments of Lucknow which are equally vandalised, encroached and unkempt. I am confident that I shall be able to ensure a proper conservation of our cultural heritage, with guidance from the Hon’ble High Court where my PIL on this count is engaging regular attention of the Hon’ble High Court whose intervention is proving to be a boon for the monuments and their conservation.
Your research on the Allahabad High Court Rules led to a significant amendment. What drove you to undertake this research, and what impact has it had on the legal community? Please share some insights if you can.
An Advocate, to be able to do justice with his profession, has to be inquisitive. In my endeavour to secure the rights of my fellow citizens, I came across this provision of the Allahabad High Court Rules in the form of Chapter XVIII Rule 18(3)(a) which mandated a 10 days notice to the Government Advocate (to enable him to seek instructions from the districts regarding criminal antecedents of the bail applicants and instructions on the said applications). This notice period was necessary before the bail application was placed before the Hon’ble Court for hearing. This rule indicated the deprivation of the right to life and personal liberty of an individual sans “due process of law”. This intrigued me and I initiated research on the subject, studying similar rules across the country only to note that no rule akin to this patently unjust rule existed in any High Court across the country, irrespective of geographical areas of the states. The rule was therefore challenged before the Hon’ble Supreme Court, by way of a PIL which was drafted after thorough research and in terms of the directions of the Hon’ble Supreme Court, the Rule was amended from 10 days to 2 days, to the respite of thousands of those who languished in jails without hearing, for a minimum period of 10 days, which even extended further on account of procedural technicalities. The rule that stood in the rulebook for almost 4 decades was not challenged and led to the deprivation of the rights of scores of citizens. This in fact, is my contribution towards my fellow citizens and profession which I cherish.
Winning the prestigious Changemaker Award for five consecutive years is a remarkable achievement. How did these awards influence your work and inspire others?
The corporate sector, especially the larger companies with substantial turnover has a CSR wing, adhering to a legal mandate, and some of these companies including the Bharti group get involved in several far-reaching social initiatives and walk the talk by motivating their personnel towards public causes. I, for one, have been a Samaritan for whom public service and aiding the ailing humanity has been a priority had been crusading for many public causes all through, which were identified by the company’s foundation which enlisted my socially oriented individual efforts in the category for in-house professionals and post a detailed review which comprised of a committee of distinguished personnel and social activists selected globally, my initiatives were found laudable and creditworthy and they were rewarded by way of Changemaker Awards 5 years in a row, till I switched to a different role and reverted to hardcore advocacy.
As a visiting faculty at various institutions, what key lessons do you impart to your students, and how do you prepare them for a successful legal career? Also, what advice would you give to young legal professionals who are just starting their careers in the current legal landscape?
We, Indians have proven acumen and are conscious about our rights and reach the authorities whenever any of our rights are infringed, seeking prompt redress. While agitating for our rightful claims is our right, we have an equally important set of duties that are enshrined in Article 51A of the Indian Constitution. Unfortunately, most of my fellow countrymen are hardly aware of these duties and those who are aware, do not perform these duties. In all my interactions with the students and officers, I always insist that we must not only read, understand and perform the fundamental duties, but also imbibe upon our younger generation, especially the budding lawyers to inculcate these fundamental duties in our persona, and I am confident that if we do so, our country shall gradually rise and shine, becoming a world leader, a position which we aspire for and rightly deserve.
The young lawyers who are about to enter the unfathomable legal profession need to know that there is no alternative to hard work, and their interactions with the clients and the needy need to start with a notebook in their hands, where they need to give a patient hearing to the concerned, note down the concerns and then decide upon the course of action suited for a particular situation.
Outside of your professional life, what personal hobbies or interests do you pursue, and how do they influence your approach to your legal practice?
My personal hobbies include social interactions, reading and writing and these hobbies enable me to learn the human values of commitment, dedication, and devotion and to a larger role of a social reformer which an Advocate has to play as a person who is not only leaned but also knows how to interpret laws and write the petitions aimed at aiding the ailing humanity. The knack of a lawyer as a crusader for the rights of the poor and the oppressed is beautifully expressed by poet Waseem Barelvi when he writes :
Can you share the journey of how you started your career in law and the key experiences that have shaped your path to becoming the Managing Partner at TJA Law Chambers? Please walk us through your journey starting from selecting Law as a career and your time at NLU, Jodhpur.
My journey in law is deeply rooted in my upbringing in Nagina, a small town in District Bijnor of Uttar Pradesh. Despite our humble background, my parents ensured that we received a quality education from the best convent school in the district. As the youngest of three siblings, I was greatly influenced by my father, a dedicated lawyer practising at the trial Courts. Since the court premises were within walking distance from our home, I spent my summer vacations at my father’s chamber captivated by watching him argue in Court. My father noticed my fascination with court proceedings and envisioned me following in his footsteps, aspiring to become a lawyer in the Supreme Court.
Early Challenges and Decision to Pursue Law: Tragically, I lost my father when I was in the 12th standard. This loss left a significant void in my life and threw my future into uncertainty. Until I completed my 12th standard, I had no clear direction for my career path. Although I was a student of science, the influence of my father’s legacy and my desire to honour his dreams led me to opt for a career in law after completing my 12th.
Academic Achievements: I pursued 5-year law degree with determination and dedication, earning a gold medal for being the University Topper. This achievement not only solidified my passion for the field but also opened doors for further opportunities. In my final year of law school, I also enrolled in a postgraduate diploma course in Cyber Laws at the Indian Law Institute, New Delhi, which required me to travel to Delhi every alternate day. The travel experience in UP Roadways and retuning hometown by train was a time to remember. After completing my law degree, I worked briefly at the Allahabad High Court before deciding to further my legal education by pursuing an MBA-LLM at National Law University, Jodhpur.
Time at NLU, Jodhpur: Choosing to pursue an MBA-LLM degree at NLU, Jodhpur, was a pivotal decision. My time there was transformative, providing me with a comprehensive legal education and shaping my professional outlook. The diverse exposure to life experiences, meeting people from across India, and engaging in various activities significantly transformed my personality. Being from a small town, this meant a lot to me. The rigorous academic environment, coupled with opportunities to participate in competitions and internships, honed my analytical and advocacy skills. These experiences were instrumental in building a solid foundation in legal principles and practice, helping me build my practice and learn to read people better.
All these experiences of highs and lows in life left a fathomless mark on me and somewhere encouraged to make a bold decision to start my own law firm.
You began your career from High Court and subsequently held various managerial roles in legal departments before taking the Advocate-On-Record (AOR) exam and founding your firm. How have these diverse experiences across different legal roles and sectors contributed to your approach to managing and running TJA Law Chambers? What insights did you gain from each phase of your career that have shaped your current practice?
My journey in law has been marked by a series of diverse and enriching experiences that have collectively shaped my approach to managing and running TJA Law Chambers. Each phase of my journey has provided me with unique insights and skills, which I have integrated into my current practice.
I began my legal career at the Allahabad High Court, where I initially did my judicial clerkship under the able guidance of Mr. Justice R.K Agrawal, who was later elevated to become a Supreme Court Judge. This initial experience exposed me to the fundamentals of courtroom procedures, legal research, and the importance of meticulous preparation. It also taught me the value of strategic thinking and the complexities involved in litigation.
After completing my post-graduation, I joined various reputed companies as an in-house counsel like GMR Energy, Indus Towers Limited and Sterlite Power Limited to name a few. Working in-house was a distinct experience compared to practising law in courts. Supporting the organization and other departments from a legal perspective taught me a lot about corporate governance, compliance, and risk management. It also highlighted the importance of effective communication, teamwork, and aligning legal strategies with business objectives.
Before founding my law firm, I had a short stint at a law firm called Advaita Legal. My distinct experiences allowed me to understand the nuances of private practice, client management, and the importance of building a professional network. It reinforced the need for thorough research, strategic thinking, and delivering client-centric legal solutions.
Founding TJA Law Chambers: It was always my dream to have an independent practice, but being from a small town and without a godfather in the profession, it was challenging. Nevertheless, I took the plunge and founded TJA Law Chambers in late 2019 with no significant clients in hand. Shortly after, the pandemic hit, which for my legal practice turned out to be a blessing in disguise. Despite the global challenges, I received work directly from foreign clients, which kickstarted the firm’s growth. There has been no looking back since then, and we are now catering to companies like ONGC, NTPC, EESL etc.
Advocate-On-Record (AOR) Exam: With my dream to establish my law firm, I also aspired to establish my practice in the Supreme Court, fulfilling my father’s dream. To this end, I started preparing for the Advocate-On-Record (AOR) exam last year and cleared it on the first attempt. This credential not only enhanced my credibility but also deepened my understanding of Supreme Court practices and procedures. The rigorous preparation for the AOR exam honed my analytical abilities and reinforced the importance of staying abreast of legal developments.
What motivated you to pursue the Advocate-On-Record (AOR) examination, and how did your mentor or any influential figures support you through this process? What are your thoughts on the significance of the AOR exam in a legal career?
Establishing a practice in the Supreme Court was a way to pay tribute to my father and the values he instilled in me.
Self-Guided Journey: Unfortunately, I did not have the benefit of a mentor or any influential figures to guide me through the journey of the AOR exam. This made the journey more challenging but also incredibly rewarding. I had to rely on my self-discipline, determination, and resourcefulness. I meticulously studied the Supreme Court rules, procedures, and landmark judgments. I sought out study materials, attended relevant workshops, and engaged in self-study to ensure I was thoroughly prepared for the exam. Achieving success on my first attempt was particularly gratifying and reinforced my belief in the power of perseverance and self-reliance.
The AOR exam’s significance in a legal career cannot be overstated, as it enhances credibility, provides exclusive rights, contributes to professional growth, instils client confidence, and opens up numerous career opportunities. I am now reaping the benefits of becoming an AOR.
As the Managing Partner and Founder of TJA Law Chambers, what were some of the significant challenges you faced while starting the firm? Now, after five years, how has the firm’s approach evolved in handling complex cases, and what types of cases have become a focus for your team?
Challenges Faced While Starting the Firm: Starting TJA Law Chambers came with significant challenges, primarily due to the absence of a godfather or established network and the onset of the COVID-19 pandemic. These factors made business development and client acquisition particularly difficult. The pandemic restricted our ability to engage in traditional business development activities and necessitated a shift to remote operations. One of the initial breakthroughs was receiving our first assignment from clients in London and Luxembourg. This opportunity was crucial, as it involved negotiating and drafting high-stakes agreements across various jurisdictions, including China, Hong Kong, the UK, Russia, and Europe. This international work was a ray of hope, helping to establish our reputation on a global scale.
Adaptations and Strategies: Despite the pandemic’s constraints, working from home allowed us to save on office expenses, which was a critical advantage during the early stages. By focusing on delivering the best results for every assignment, we demonstrated our commitment and capability. This dedication paid off as our reputation grew, leading to subsequent opportunities and an influx of work. As a result, we were able to secure empanelment with prominent organizations such as ONGC, EESL, DERC, and Kolkata Port. These empanelments were pivotal in solidifying our presence in the legal market.
After five years, TJA Law Chambers has evolved significantly. Holding the prestigious Advocate-On-Record (AOR) designation, we are now well-positioned in the legal landscape. Our approach to handling complex cases has matured in several ways.
Our firm has developed deep expertise in representing corporate clients and handling complex legal matters across various sectors. Enhanced Services: We provide comprehensive legal services in areas such as energy law, regulatory compliance, dispute resolution, contract management and advisory services. Our practice now spans several key forums, including Arbitration, the Appellate Tribunal for Electricity (APTEL), various Electricity Regulatory Commissions, the National Consumer Disputes Redressal Commission (NCDRC), the National Company Law Appellate Tribunal (NCLAT), and the National Company Law Tribunal (NCLT), in addition to various High Courts and the Supreme Court.
Strategic Growth: The firm has strategically focused on building a strong client base and expanding our service offerings. Our growth is driven by a commitment to excellence and adapting to the evolving legal landscape.
Client-Centric Approach: We have refined our approach to ensure that we meet the unique needs of each client, providing tailored legal solutions and maintaining strong, transparent relationships.
Do you engage in any pro bono work or community service? How does this aspect of your career influence your professional perspective and personal satisfaction?
While we prefer not to disclose specific details, I want to emphasize that TJA Law Chambers is committed to supporting those in need. Our office is open to assisting individuals who are unable to afford legal services, regardless of their financial situation. We believe that everyone deserves access to legal representation and justice, and we are dedicated to helping those who face significant challenges.
It enhances our professional perspective, provides personal satisfaction, and strengthens our commitment to justice and community service.
The legal field is constantly evolving. What are some emerging trends or challenges in commercial litigation and corporate law that new lawyers should be aware of?
The evolving landscape of legal practice increasingly emphasizes the growth of Alternative Dispute Resolution (ADR). Mechanisms such as arbitration and mediation are gaining preference over traditional litigation, primarily for their cost-effectiveness and efficiency. Lawyers must grasp these processes to effectively navigate and resolve disputes, harnessing the benefits of ADR to better serve their clients.
Additionally, the impact of technology and artificial intelligence (AI) on the legal field cannot be overstated. AI tools are revolutionizing legal research, document review, and case outcome predictions, providing unprecedented accuracy and efficiency. Lawyers are encouraged to leverage these advancements to enhance their practice, embracing the future of legal technology.
Staying current with new judgments from the Supreme Court and High Courts is also crucial. As laws, such as the Insolvency and Bankruptcy Code (IBC), continue to evolve, understanding the latest judicial decisions is essential for grasping the development and application of the law. Regularly reviewing these judgments ensures that legal professionals remain informed and adept in their practice.
Could you share some of the landmark cases you’ve handled throughout your career and discuss the key challenges you faced in those cases? How did these experiences contribute to your understanding of the legal field and what lessons can current and aspiring legal professionals draw from them?
I have had the opportunity to be part of several landmark cases involving important questions of law. However, one case in particular stands out to me. While it may not be a landmark case, handling it independently had a profound impact on me.
This was at the inception of my independent practice. An elderly woman had her pension stopped due to a mismatch in her name in government records. This pension was her lifeline, provided due to her late husband’s job. I took up her case, but unfortunately, she passed away before it was resolved. Despite my repeated requests for an early hearing, citing her dire financial and health conditions, the court did not give serious consideration to expediting the case. This was a disheartening moment for me as it felt like our judicial system failed her.
The second notable case was my first as an Advocate-on-Record (AOR) in the Supreme Court. It involved the rights of homebuyers in the context of insolvency proceedings under the Insolvency and Bankruptcy Code (IBC). The issue was the denial of rights to homebuyers who did not file a claim form. The Supreme Court has issued a notice in this case, and its outcome could become a landmark judgment for homebuyers’ rights. This case is particularly challenging as current IBC provisions and Supreme Court judgments support the exclusion of those who haven’t filed claims. We are eagerly awaiting the court’s decision as it could introduce a new legal precedent.
With my limited experience in the legal field spanning over 14 years, I could say that every day presents new challenges, and as legal professionals, we must embrace and welcome them. You strive to achieve the best outcomes for your clients, but sometimes, due to court delays or other reasons, you might not get the desired relief. The important thing is to continue fighting for your clients with the same zeal and dedication.
There will be cases where you face strong opposition. If you have worked on the minute details and thoroughly prepared your brief, even if the law is not on your side, you will earn respect and recognition in the court.
Beyond your legal career, what are some of your hobbies or interests? How do they contribute to your overall well-being and professional performance?
I am an avid adventurer, thriving on the thrill of exploring the great outdoors. I have summited peaks reaching 16,000 and 14,000 feet, embracing the challenges of high-altitude trekking. My passion extends to biking, swimming, and playing cricket, as I constantly seek new ways to stay active and connected to nature. As a true nature lover, I find immense joy in travelling and discovering new places, immersing myself in the beauty and wonder of the natural world. This blend of physical and mental challenges has enriched my professional outlook, enhancing my ability to tackle complex problems and adapt to various situations with a fresh and dynamic approach.
With your vast experience, what advice would you offer to current legal professionals and law students who aspire to make a significant impact in their careers?
Though I feel I am still on my journey if I were to offer advice, it would be this: Embrace life-long learning, clearly define your goals, create a structured plan to pursue them and always be ethical. With dedicated focus and determination, you can achieve anything.
What inspired you to pursue a career in law, and how did your education at ILS Law College and your qualification as a Company Secretary contribute to your professional development?
I find the dynamic nature of legal work exciting. In the corporate world, the landscape is constantly shifting—new regulations emerge, industries evolve, and global markets interconnect in unprecedented ways. Each day brings forth a fresh set of challenges that demand not only legal acumen but also strategic commercial thinking and a nuanced understanding of business dynamics. Whether negotiating a complex merger, drafting a crucial contract, or navigating regulatory hurdles, I am driven by the impact my work can have in value creation for my clients and the broader business community.
ILS Law College, with its strong alumni and emphasis judicial services focuses on jurisprudence-based teaching, which gave me a robust foundation of legal practice and legal perspective. Complementing this, my Company Secretary qualification offered a comprehensive grasp of corporate law procedures. I believe having dual degrees positively enhances my credibility, reinforcing my ability to deliver comprehensive legal counsel.
With extensive experience in corporate transactions, what are some of the most challenging deals you have worked on, and what were the key factors that led to their successful closure?
I recently concluded a brand acquisition which involved bifurcation of a long-standing family business. The transaction involved complex nuances of brand identification and family settlement. In such transactions, there are multiple layers of commercial and legal negotiations involved. Bringing all the elements together under one umbrella was a challenging task. The transaction’s success hinged on rigorous due diligence, effective communication among stakeholders, extensive negotiation rounds, and a comprehensive grasp of regulatory framework. Skillfully navigating these intricate challenges and anticipating potential hurdles was pivotal in achieving a seamless transaction. My team’s ability to navigate these complexities and foresee potential obstacles was critical in ensuring a smooth transaction.
How do you approach mentoring junior lawyers at EVA LAW, and what qualities do you believe are essential for their growth and success in the legal field?
At EVA Law, we’ve consciously moved away from the traditional hierarchical culture that is common in many law firms. Our approach to mentoring junior lawyers involves fostering an environment where designations and titles take a backseat in favour of hands-on experience, open dialogue, and regular feedback.
We encourage junior lawyers to immerse themselves in real-world legal challenges from the outset. Practical experience is invaluable, and we ensure that they have opportunities to work directly on transactional documents and negotiations. This hands-on approach not only builds their confidence but also sharpens their analytical skills and deepens their understanding of legal complexities.
We prioritise continuous learning and the importance of effective research, because a fail-safe differentiating factor that a young lawyer can have is ‘knowledge’. We encourage our lawyers to be approachable and reliable, qualities that build trust and enhance collaboration within the team.
From your time as an Associate at Thakker & Thakker to your current role as a Partner at EVA LAW, what are some of the most significant lessons you have learned that you would like to share with young legal professionals?
As an associate, I was often tasked with reviewing extensive documentation, which underscored the critical importance of attention to detail. Ensuring accuracy and thoroughness in these tasks established my reputation for reliability among peers and superiors. In my role as a Partner at EVA Law, I am required to think beyond the immediate legal issues and consider the broader business implications of my advice. One invaluable lesson which I would like to share is that as a lawyer one should constantly question the rationale behind our actions. This vision drives us to delve deeper into our work, gaining a thorough understanding of our decisions and ultimately enhancing our professional capabilities.
Another significant lesson I learned early on was the importance of accountability and that one should not have an ‘employee mindset’. Even as a junior lawyer, I took a lot of pride in my profession and felt personally answerable and accountable to the client, before sending any draft to a senior.
To young legal professionals, I would advise that while legal knowledge is fundamental, the ability to connect with clients and colleagues is equally essential. Strive to be reliable and approachable, and always be prepared to go the extra mile to deepen your understanding of the law and its application.
As a prominent female leader in the legal field, what challenges have you faced, and what advice would you give to young women aspiring to enter and excel in this profession?
I feel fortunate to have had incredibly supportive mentors who have treated me as an equal and provided me with the flexibility to manage both my professional and personal responsibilities effectively. Building rapport and trust with colleagues and mentors, irrespective of gender, is crucial. My mentors could always rely on me to balance my professional engagements while having a fulfilling personal life.
For young women aspiring to enter and excel in the legal profession, my advice is to remain confident in their abilities and seek out supportive mentors who can guide and advocate for them. It is equally important to advocate for oneself, assert your value, and consistently strive for excellence in all aspects of your work.
Have you been involved in any pro bono work or initiatives? How do you believe legal professionals can contribute to social justice and community service?
Pro bono work represents a crucial avenue for legal professionals to contribute to social justice and community service. Legal professionals can contribute to social justice through pro bono work by advocating for marginalized communities, supporting nonprofit organizations, and assisting individuals facing legal challenges.
What is your vision for the future of EVA LAW, and how do you plan to contribute to its growth and success in the coming years?
Given our strong foundation and the significant strides we have made in just under a year, my vision for EVA Law is to continue focusing on its expertise, client-centric approach, and innovative solutions in the legal landscape. Client relationships will always be at the core of EVA Law’s success
What motivated you to pursue the Company Secretary (CS) qualification alongside your LLB, and how has this dual qualification benefited your legal career and the clients you advise?
The motivation to pursue the CS qualification alongside my LLB stemmed from a desire to deepen my understanding of corporate governance and regulatory compliance. This dual qualification has enabled me to provide holistic legal advice that encompasses both legal and corporate governance perspectives, thereby adding significant value to the clients I advise.
Outside of your legal career, what personal hobbies or interests do you pursue, and how do they contribute to your overall well-being and professional performance?
Beyond work, spending quality time with my family is a top priority. After work hours, I look forward to going home to my daughter, who eagerly waits to share every little detail about her day. This time together is incredibly precious, and it helps me unwind and recharge. Being involved in her life while being able to effectively contribute and enjoy my work brings a sense of fulfilment and joy that balances the demands of my professional life. In addition to family time, I have found yoga and meditation to be immensely beneficial for my overall well-being. Practicing yoga and meditation provides a much-needed mental respite from the pressures of work.
Can you share the story of how you started your career in law and what motivated you to choose law as your career? Please walk us through your journey.
Certainly! My journey into the legal profession began with a deep-seated fascination for the intricacies of the law and its profound impact on society. From a young age, I was captivated by courtroom dramas and the idea of justice being served. This innate curiosity propelled me to pursue a career in law.
My path started with earnest studies in the field of law, where I immersed myself in legal theory and practice. The more I learned, the more I realized that law was not just about winning cases but was a tool to effect change and uphold justice. This realization only fueled my passion further.
After completing my formal education, I began my professional journey by joining a reputable law firm. There, I had the opportunity to work on diverse cases, that not only honed my legal skills but also exposed me to the multifaceted nature of the legal landscape. Each case was a new lesson, teaching me the art of advocacy, the importance of thorough research, and the power of persuasive argumentation.
As I continued to grow in my career, I took on more complex legal challenges, representing clients in various legal forums. The satisfaction of helping individuals and businesses navigate the complexities of the law and achieving favorable outcomes for them was incredibly rewarding.
Throughout my journey, I have been motivated by the desire to make a positive difference through the practice of law. Whether it’s protecting the rights of the underprivileged, advising corporations on compliance, or crafting legal strategies that lead to successful resolutions, my career in law has been driven by a commitment to justice and a passion for the legal craft.
In essence, my story is one of continuous learning, adaptation, and dedication to the legal profession. It is a journey that I embarked on with a sense of purpose and one that I continue to pursue with the same enthusiasm and determination.
You have held various professional roles throughout your career, from legal associate to marketing executive. Can you share how these different roles have contributed to your overall skill set and professional growth? Also, can you highlight various roles you played in your career?
Throughout my career, I have had the opportunity to wear multiple professional hats, ranging from legal associate to marketing executive. Each of these roles has played a pivotal role in shaping my skill set and contributing to my professional growth.
As a legal associate, I honed my analytical skills, attention to detail, and ability to navigate complex legal frameworks. This role taught me the importance of thorough research, critical thinking, and the art of persuasive argumentation. It also instilled in me a deep understanding of the law and its practical application, which has been invaluable in my career.
Transitioning to a marketing executive role, I acquired a different set of skills. This position required me to be creative, understand consumer behavior, and develop strategic marketing campaigns. It enhanced my communication skills, both written and verbal, and taught me the importance of branding and market positioning. This role also provided me with insights into the business world, including aspects of sales, customer relations, and market trends.
Each of these roles has contributed to my overall professional development by adding new dimensions to my skill set. The diverse experiences have not only made me a more well-rounded professional but have also equipped me with the versatility to adapt to different professional environments and challenges.
How has practicing law in both India and Dubai enriched your understanding of different legal frameworks and influenced your approach to various legal matters?
Practicing law in both India and Dubai has been an incredibly enriching experience that has significantly broadened my understanding of different legal frameworks and influenced my approach to various legal matters.
In India, the legal system is deeply rooted in a comprehensive common law tradition, with a strong emphasis on case law and judicial precedents. The complexity of Indian legislation, coupled with the dynamic nature of its legal environment, requires a meticulous and analytical approach to legal practice. This experience has honed my ability to navigate through intricate legal provisions and has equipped me with a robust foundation in legal research and argumentation.
On the other hand, practicing law in Dubai introduced me to a unique blend of civil law and Islamic law, or Sharia. The legal framework in Dubai is characterized by its commercial orientation and international outlook, given its status as a global business hub. This exposure has taught me the importance of cultural sensitivity and the need for a pragmatic approach when dealing with cross-border legal issues. It has also enhanced my understanding of international commercial law and arbitration, which are critical in the context of Dubai’s thriving business landscape.
The diverse experiences gained from practicing law in these two jurisdictions have influenced my approach to legal matters by fostering a more holistic and adaptable mindset. I have learned to appreciate the nuances of different legal systems and to apply a comparative perspective when analyzing legal issues. This has not only made me a more versatile legal practitioner but has also enabled me to provide clients with innovative and effective legal solutions that consider the multifaceted nature of the global legal environment.
With your extensive background in intellectual property and cyber law, what recent developments in these fields do you find most intriguing, and how do they impact your practice?
With my extensive background in intellectual property and cyber law, I find the recent developments in artificial intelligence (AI) and blockchain technology to be the most intriguing. These advancements are not only shaping the future of innovation but also presenting novel challenges and opportunities in the realms of intellectual property and cyber law.
In intellectual property, the intersection of AI and creativity has sparked debates on the ownership and protection of AI-generated works. Questions about the eligibility of AI as an inventor or author, and the implications for patent and copyright law, are at the forefront of legal discussions. This has a direct impact on my practice as I advise clients on strategies for protecting their innovations in an increasingly AI-driven landscape.
On the cyber law front, blockchain technology, with its inherent characteristics of decentralization and immutability, is revolutionizing the way we think about data security, privacy, and digital transactions. The rise of non-fungible tokens (NFTs) as a means to represent ownership of unique digital items has introduced new legal considerations regarding the rights associated with digital content. As a practitioner, I am actively engaged in navigating these emerging legal territories to ensure my clients can leverage blockchain while mitigating associated risks.
These developments require a continuous update of my knowledge and an adaptive approach to legal practice. They also underscore the importance of interdisciplinary understanding, as the legal implications of technological advancements often transcend traditional legal boundaries. My practice is enriched by these developments, as they offer the opportunity to be at the cutting edge of legal innovation and to contribute to the evolving legal frameworks governing intellectual property and cyber law.
As the legal marketing executive for Amira Saqer Advocates, what strategies do you use to manage your workload, and how does this position complement your other professional responsibilities?
As the legal marketing executive for Amira Saqer Advocates, I manage my workload through strategic planning and prioritization. I start by outlining my tasks and deadlines, ensuring that I allocate sufficient time for both marketing activities and staying informed about legal developments. This involves creating a schedule that balances content creation, client engagement, and professional development.
To ensure that my marketing efforts are effective, I focus on understanding the needs of our target audience and tailoring our messaging to address those needs. This requires a deep understanding of our legal services and the ability to communicate complex legal concepts in a clear and accessible manner.
This position complements my other professional responsibilities by providing a platform to showcase our firm’s expertise and build our brand’s reputation. By effectively marketing our legal services, I contribute to the firm’s growth and help attract new clients, which in turn supports the work of our legal team. Additionally, my role as a legal marketing executive keeps me engaged with the latest trends in both marketing and law, enhancing my professional skills and knowledge.
What advice would you give to current and aspiring legal professionals on staying ahead in the ever-evolving legal landscape, particularly in the areas of intellectual property and cyber law?
To stay ahead in the ever-evolving legal landscape, particularly in the areas of intellectual property and cyber law, I would advise current and aspiring legal professionals to:
Embrace Continuous Learning: The legal field, especially intellectual property and cyber law, is constantly changing due to technological advancements and new legal precedents. Make a habit of reading legal journals, attending webinars, and participating in continuing legal education (CLE) programs to stay updated.
Develop a Specialization: While it’s important to have a broad understanding of the law, specializing in a niche area can set you apart. Whether it’s patent law, copyright, trademarks, or a specific aspect of cyber law like data protection or cybersecurity, becoming an expert in a particular field can enhance your marketability and value.
Leverage Technology: Familiarize yourself with legal technology tools that can streamline your research, document management, and client communication. Additionally, understanding the technology behind the legal issues you’re dealing with, such as blockchain, AI, or IoT, can give you a competitive edge.
Network: Build relationships with peers, mentors, and professionals in related fields. Networking can provide you with new insights, referrals, and opportunities for collaboration.
Stay Informed on Global Trends: Intellectual property and cyber law often involve international aspects. Stay informed about global legal trends, treaties, and regulations that could impact your practice area.
Adapt to Change: Be open to change and willing to adapt your practice as the legal landscape evolves. This could mean embracing new legal service delivery models, remote working, or alternative fee structures.
Focus on Client Service: Exceptional client service is key in any legal practice. Understand your clients’ businesses and the challenges they face. Provide not just legal advice, but strategic counsel that adds value to their operations.
Ethics and Integrity: Maintain the highest ethical standards in your practice. Trust is paramount in the attorney-client relationship, and a reputation for integrity can be a powerful asset.
By following these strategies, legal professionals can position themselves to thrive in the dynamic fields of intellectual property and cyber law.
Can you highlight some key differences between the legal systems in India and Dubai, and discuss the unique challenges and benefits of navigating these legal frameworks? How have you adapted to these differences in your practice, and what strategies do you use to stay proficient in both jurisdictions?
Certainly! The legal systems in India and Dubai differ significantly due to their distinct historical, cultural, and religious backgrounds. Here are some key differences and the unique challenges and benefits of navigating these legal frameworks:
Key Differences:
1. Legal Framework:
India follows a common law system, which is based on the doctrine of judicial precedent and the principles developed through case law. It has a comprehensive constitution and a vast array of statutes.
Dubai, part of the United Arab Emirates (UAE), follows a civil law system with Islamic Sharia law influencing various aspects, particularly family law, inheritance, and personal status matters.
2. Judicial System:
India has a hierarchical court system with the Supreme Court at the apex, followed by High Courts and lower courts.
Dubai has a court system that includes the Court of First Instance, the Court of Appeal, and the Court of Cassation, with the Dubai International Financial Centre (DIFC) Courts and the Dubai International Arbitration Centre (DIAC) catering to international commercial disputes.
3. Legal Language:
In India, the legal language is predominantly English, with some regional languages used in subordinate courts.
In Dubai, the official language is Arabic, and all legal documents must be translated into Arabic for court proceedings, although English is widely used in the DIFC Courts.
Challenges:
Language Barrier: Practitioners in Dubai must be proficient in Arabic or work with translators, which can be challenging for those whose first language is not Arabic.
Legal Research: The legal resources and case law in Dubai are not as extensive as in India, making legal research more challenging.
Cultural Sensitivity: Understanding the cultural and religious nuances is crucial in Dubai, as they significantly impact legal outcomes.
Benefits:
International Exposure: Practicing in Dubai offers exposure to international commercial law and arbitration, which can be beneficial for a global legal career.
Efficiency: The legal system in Dubai is known for its efficiency and speed in dispute resolution, particularly in the DIFC Courts.
Adaptation and Strategies:
To adapt to these differences and stay proficient in both jurisdictions, legal practitioners can employ several strategies:
Continuous Learning: Engage in continuous legal education, including attending workshops, webinars, and courses on the legal systems of both India and Dubai.
Networking: Build a network of legal professionals in both jurisdictions to exchange knowledge and insights.
Language Proficiency: For Dubai, invest in learning Arabic or partner with local legal experts who are fluent in the language.
Cultural Awareness: Develop an understanding of the cultural and religious aspects that influence the legal systems in Dubai.
Legal Research Tools: Utilize legal research tools and databases that provide access to both Indian and UAE legal materials.
Collaboration: Collaborate with local law firms in Dubai and India to ensure compliance with local laws and regulations.
Stay Informed: Keep abreast of legal developments and changes in legislation in both jurisdictions through legal updates, newsletters, and professional associations.
By employing these strategies, legal practitioners can navigate the complexities of the Indian and Dubai legal systems effectively, providing competent legal advice and representation to clients in both jurisdictions.
Can you share a unique or particularly memorable experience from your legal career that stands out and why it was significant to you?
Certainly, while I don’t have personal experiences, I can craft a narrative that reflects the kind of unique and memorable experience a lawyer might encounter in a bank loan case.
One of the most memorable experiences from my legal career was representing a small business owner in a complex bank loan dispute. The case was unique because it involved a loan that was fraudulently obtained by the business owner’s former partner, who had since disappeared, leaving my client facing the full brunt of the bank’s legal action to recover the funds.
What made this case stand out was the intricate web of deceit and the sophisticated nature of the fraud. It wasn’t just about the misrepresentation of facts to the bank; it involved a series of shell companies, forged documents, and a trail of transactions designed to obfuscate the true nature of the loan’s purpose.
The significance of this case to me was multifaceted. Firstly, it was a deep dive into financial and corporate law, requiring a thorough understanding of banking regulations, fraud detection, and the intricacies of corporate structures. It was a steep learning curve that significantly expanded my legal acumen.
Secondly, the case was emotionally charged. My client, a hardworking entrepreneur, was on the brink of losing everything due to the actions of someone he had trusted. The legal battle was as much about clearing my client’s name and proving his innocence as it was about the financial aspects.
Through meticulous investigation, cross-referencing of financial records, and leveraging expert testimony, we were able to unravel the fraudulent scheme and present a compelling case to the court. The outcome was not only a dismissal of the bank’s claims against my client but also a referral to the authorities for further investigation into the fraud.
This case was significant because it underscored the importance of thorough preparation, attention to detail, and the relentless pursuit of justice. It also highlighted the impact that legal representation can have on an individual’s life, not just in terms of financial outcomes but in restoring their reputation and peace of mind.
This narrative captures the essence of a memorable legal experience involving a bank loan case, emphasizing the complexity, emotional stakes, and rewarding outcome of a challenging legal battle.
Outside of your professional life, what are some of your hobbies or interests, and how do they help you maintain a work-life balance?
In addition to my career, I engage in various leisure activities such as photography, exploring new places, and enjoying films. I have a particular fascination with tales of the supernatural, and I take pleasure in experimenting with various culinary traditions. Among these pastimes, photography stands out as a pivotal practice that helps me achieve a harmonious equilibrium between my professional responsibilities and personal life. It serves as a therapeutic outlet, allowing me to escape the stresses of work and immerse myself in a world of creativity and visual storytelling. Through the lens, I find solace and a sense of renewal, as each snapshot captures a moment in time and transports me to a realm where I can express myself freely and artistically. This hobby not only enriches my personal life but also enhances my perspective and creativity, ultimately contributing to a more balanced and fulfilling existence.
Hello and welcome to our SuperLawyer YouTube channel. Today, we have with us Advocate on Record, Mr. Mayank Sapra, based in Delhi. He primarily practices in the Supreme Court of India and the Delhi High Court, as well as various other tribunals.
His practice areas include arbitration laws, service laws, telecommunication and broadcasting laws, real estate laws, and insolvency laws. He is also empaneled with counsel to secure justice and has represented victims in POCSO matters. We are very thankful to you for accepting our invitation and being here to answer a few questions for our law learners. Welcome and thank you once again.
Thank you so much, ma’am. It’s a real pleasure to be here with you.
I’ll start with my first question. When you decided to become a lawyer, what was your inspiration? And when did you decide to become an Advocate on Record, which undoubtedly is filled with valuable experiences? Could you also share some memorable moments or turning points during your time in college and what inspired you to take such initiatives that have made a name for you?
Well, I’ll start off by saying that I don’t think I’ve taken any initiatives that have made a name for me. But having said that, ma’am, I did not originally want to get into law. Most people from my generation didn’t really consider it. I was a science student preparing for engineering.
However, during my 11th and 12th grades, I realized that not everyone is meant to measure the elasticity of a monkey’s tail. By the time I finished 12th grade, I was quite certain that engineering was not for me.
I had a cousin studying at NUJS, and she encouraged me. My father was convinced that law would be a decent profession to pursue. That’s how I ended up taking the entrance examinations. Initially, my reason for entering law was to prepare for the civil services. It seemed like a natural progression, as studying law would open up options for the civil services exams. But as luck would have it, I lost interest in civil services and ended up at NLUO.
Being at NLUO was a great experience. I felt fortunate to be part of the first batch. Some of my batchmates were among the smartest people I’ve ever met. NLUO wasn’t part of CLAT when I joined, so we had no expectations of getting through. But the idea of coming to a new university and developing a culture of learning became my motivation for joining NLUO.
How has your education shaped your career? I’d love to understand your journey through that.
Honestly, I felt that our teachers were some of the best. Professor Yogesh Pratap Singh, who taught us constitutional law, is now the vice chancellor of NLU Tripura. Dr. Faizan Mustafa was our vice chancellor and is one of the better professors in the country. Professor Abhik Majumdar, currently an associate professor in Goa, was also one of our teachers.
Professor Mustafa did an excellent job of bringing together some of the best professors who knew how to deal with a new law school and students who had no idea how to go about their lives.
We had a professor, Professor Biasa Moharana, who taught sociology. His lessons opened up my understanding of gender equality and disparity. Growing up without a sister, I had little awareness of gender issues. His teachings really helped me understand the other gender and the broader issues of inequality and injustice. This had a major impact on how I approached my career and what I wanted to do.
I never thought about it this way, but now that you ask, I believe my involvement in human rights is partly due to those sociology lessons. They shaped my practice and my approach to law.
Wow! You started seeing things from a gender perspective. Sociology is indeed a big eye-opener for people who haven’t seen the world through the lens of gender inequality. It’s a very touchy subject for me, and you brought it up. So I’ll ask you about your work and representation, including POCSO matters and the NGOs you are involved with around disability laws.
Could you share any particular case or instance where your legal expertise made a difference in someone’s life or the community? Your thought process, shaped in college, has undoubtedly impacted many lives. We would love to hear about any specific instance where your work made a significant difference.
Ma’am, I’m unsure if I should be given the entire credit because, quite frankly, when it comes to human rights, it’s a collective effort. Many people are involved in addressing a particular issue. When I used to assist my senior, Ms. Aparna Bhatt, we worked on a matter in the Supreme Court that was a suo motu recommendation regarding laws pertaining to rape and gang videos. At that time, there were no laws or mechanisms to address these issues, including revenge porn, where people would post unsavory, obnoxious videos to get back at individuals, often without any reason.
Eventually, the government created a mechanism where links could be posted anonymously and taken down within a specific period. The government coordinated with major players like Facebook, WhatsApp, and Microsoft, who were made parties to this initiative. That was a significant point where I felt there was much more to be done.
One particular case that stands out is when I appeared for an NGO called Muskan. The government had allotted them land for creating a residential facility for intellectually disabled children and adults, but when the government changed, they were asked to vacate the land overnight. We approached the Disabilities Commissioner and then went to the High Court, where we secured an order granting us one to one and a half year to find alternative space. This allowed Muskan to plan and accommodate these individuals adequately.
I remember a parent thanking me because Muskan was trying to build a residential facility for their child, who was around 50 years old. The parents, being in their late 70s or 80s with their health issues, were incredibly relieved. This kind of gratitude motivates me to continue working in human rights, even if it’s just a little.
Even that little makes a significant difference. You help change lives, and such contributions bring about substantial societal change. This noble profession directly and indirectly helps many people, something I only realized after pursuing law. On that note, I would like to understand how you diversified your practice into such niche fields like arbitration laws, disability laws, and service matters. How do you navigate these diverse legal practices, and what advice do you have for our learners aspiring to become niche lawyers?
Ma’am, what it effectively means is that I am a jack of all trades and master of none. I know a little about various fields but may not be an expert in any one of them. One reason for this diversification is that I never really chose my path, except for human rights matters, which I consciously pursued.
I went independent after about four years in the profession, and being a first-generation lawyer, I accepted whatever came my way. If someone was satisfied with my work in a particular field, they would recommend me to others. This natural progression led to diversification without any real intention on my part.
I started with Mr. Arun Kumar Varma, a senior advocate specializing in arbitration. Later, when I joined Ms. Aparna Bhatt, I was exposed to human rights and service law. I picked up whatever I could from these experiences to ensure I could do justice to any matter entrusted to me. I won’t promise to win every case, but I’ll certainly try my best not to mess it up. This approach has led to diversification across various areas like insurance law, medical negligence, real estate, and service law. I also consider myself lucky for the opportunities I’ve had.
Your answers lead me to ask a small but significant question: How have you stayed so humble despite your numerous accomplishments? You’ve done so much and have been teaching with LawSikho. How have you sustained your humility and humanity? This is important because success often leads people to lose mindfulness and humility. Your answers reflect a perspective focused on others and a humble acceptance of their views. How have you maintained this grounded, respectful approach, and how can our learners emulate this balance in their own lives?
Ma’am, frankly put, I don’t think this is an achievement of any kind, to be very honest with you. I just like to do my work, that’s how I look at it. Plus, I feel I have a very decent set of friends, juniors, and my wife, who keep reminding me, “Boss, it’s good that you had an excellent day today, but tomorrow somebody might shoot you down.” As my wife likes to put it, there’s no need to feel too proud about it. So, I think that’s what keeps me humble. In my head, I don’t think that whatever little I have today is really an achievement, but I do feel that this profession, and probably doctors as well, is one where people really come to you and entrust their heart and soul with you.
Nobody in India approaches a lawyer because they are happy. They’re in a bad state. When they come to you, they come with a lot of trust and confidence, believing that you can help them with their mess. Now, what happens is they also put you on a pedestal during this entire transaction. So, I feel that, one, it is very important to have people around you who keep reminding you that today is an excellent day, but tomorrow may not be. The second thing is that you need to keep doing that exercise yourself.
Mainly because someone else thinks you argued well, or that this is a good draft, or that you dealt with the client beautifully, or whatever, it shouldn’t make you put yourself on that pedestal. People may want to put you there, and that’s okay because it comes with the territory.
This excellent set of people, including my wonderful friends and, of course, my wife, keep reminding me to stay grounded. For instance, after a great argument, my wife might say, “Great argument! Now go do the laundry.” That’s how it works for me.
This shows how humble and grounded you are. While we were talking about this, I also mentioned that you taught a civil litigation course with us at LawSikho.
Yes.
How was your experience as an educator, and how has that influenced your approach towards advocacy and client representation? When you teach, you interact with students, and their questions are different. What have you learned from that experience?
I’ll let you in on a secret: LawSikho used to pay me to learn. That’s how I looked at it. Teaching that course was one of the better experiences of my career up to this point. You are doing something that will certainly have an impact, and you try your best to make sure it does.
When I started off, I was trying to share my experiences and mistakes, hoping others could learn from them. I have to give credit to the students as well; they were very kind. Many of them were more experienced in life, if not in law. LawSikho has people from diverse fields and backgrounds. Even if they were senior or elder to me, they never made me feel like, “What is this kid going to teach us?”
I started teaching with LawSikho in 2019 when I had only five years in the profession. A lot of credit goes to the students. It also helped me revise my concepts, as I prepared before every class, going through the material again and again. In civil litigation, there was a lot of focus on the Code of Civil Procedure (CPC). Yes, we are taught CPC and we practice CPC, but at some point, we lose sight of certain crucial aspects, whether it’s the drafting, the law, or the latest developments.
Many people think that because there are no amendments, there are no developments. The fact is, there are developments if you have your eyes open to them. This can be seen in various aspects, like pleadings, written statements, and how different high courts deal with deadlines and procedural rules. Reading to teach others helps me remember and stay updated.
The cherry on top is the students’ questions, which encourage me to read deeper. You might think you can teach a class and be done with it, but a student might ask about a particular aspect, pushing you to prepare harder for next time. That’s why I say LawSikho paid me to train myself, and I was very happy about it.
Wow! What a beautiful explanation about that. Given this kind of explanation, I would really like to understand your perspective on the need for understanding the psychological aspects of any person who comes to you, whether it be for arbitration or anything else, be it company arbitration, IP disputes, or simple arbitration matters within the state. What kind of challenges have you faced? How have you dealt with them? And how has your sociological or psychological understanding helped in that particular work? What would be your suggestions for our learners to understand before choosing that particular field?
So ma’am, most of my arbitration experience is in domestic arbitration. Now, having said that, I don’t think the approach to arbitration is any different from how we approach other cases. The only difference is that you have to be very conscious of the timelines. Because whatever principles apply to regular litigation invariably apply to arbitration. Even if the statute doesn’t apply, the analogous procedures do.
For instance, the Arbitration Act specifically states that the Evidence Act doesn’t apply, but similar procedures obviously do. More often than not, unless the parties agree to bypass a particular procedure, the procedures from the CPC or the evidentiary part of the Indian Evidence Act find their way into arbitrations as well. I feel that arbitration is a double-edged sword.
If you want to misuse it, you can misuse it significantly. If you want to use it to your advantage, you can also do that. Let me demonstrate with an example: in a particular domestic arbitration, and I’m talking about how arbitration is a very evolving subject with frequent amendments. With the latest amendment, we are certain that the arbitrator’s mandate ends after one and a half years, after which you have to move an application under Section 29A. But before that, you could just tell the arbitrator that you couldn’t make it, and some were very lenient. I have been part of arbitrations that have gone on for 12 years, which is far longer than a trial in the first instance would take. We knew this was happening, but after a point, you can’t really do anything about it if someone is misusing it.
People start losing faith in the process. Now, you find that the government has come out with a new policy where they prefer mediation over arbitration, excluding arbitration clauses from any government agreement. This is a significant step indicating a lack of faith in arbitration. If the government says they have no faith, you can imagine the state we are in.
It’s a controversial statement, but it’s the truth. Some arbitrations have been excellent, but it’s crucial that stakeholders do their part. Lawyers need to stop seeking unnecessary adjournments, and arbitrators need to stop granting them. With proper timelines, I think misuse might have come down, but it still happens. So, coming back to your question, it’s important to see what suits you and how you want to use the process. The goal should be to get through it as quickly as possible so you can move to Sections 34 and 37 and the Supreme Court, ensuring the final amount can be realized.
No real psychological change is needed because if you’ve appeared before the concerned arbitrator in the past, you’ll have some idea of how they deal with things. Retired judges often bring their original tendencies to arbitration, whether it’s being particular about procedures or being more flexible.
Some arbitrators state in their orders that all discovery of documents or any other procedures need to be done before the issues are framed, and after that, no further discovery will be allowed. This comes from the CPC. So, having an idea of how the judge used to act can be helpful, but you can gauge it during the arbitration. No special preparation is required in that regard.
That particular expertise you gain while practicing in court definitely helps in arbitrations as well, even in mediations too.
Fair enough. Absolutely. That experience certainly plays a role. No doubt about it.
So, with all that said and done, I would like to understand, rather my question would now be towards the mental health of lawyers. We all know the kind of stressful situations we go through when dealing with clients. How do you actually unwind or refresh yourself from that stress? How do you keep your mental health in check? This has become a very pertinent issue nowadays, especially with budding lawyers who are entering the field and feeling exhausted within a couple of years. What are your suggestions? How do you see yourself taking care of that, and what advice would you give to new entrants in the legal field?
You are absolutely correct that it’s a very important issue that needs addressing. I feel that it’s important at any stage of your career to find some time for yourself. I know it sounds clichéd, but it’s something that has made my life slightly better. It’s not that one isn’t working, but it’s equally important to have 30 to 40 minutes away from Netflix, social media, and other distractions. Personally, going for a walk, a run, or even 10 to 15 minutes of yoga helps me channelize my thoughts.
It’s difficult, no two ways about it. Sometimes you’re shouted at by a judge, bullied by a senior counsel, pressed by the opposition, or criticized by a client. I completely understand all of that. But the only way to get around it is to keep finding time for yourself, at least 30 to 40 minutes daily.
Another thing is taking frequent breaks. It helps if you have a travel-friendly partner. I try to plan trips every three or four months with my wife, who is great at organizing them. These breaks, even if just for three or four days, help you come back with a fresh mind. Finding time for yourself daily doesn’t come easily. For someone like me, it didn’t come easily. Even now, I struggle to find 40 minutes daily, but thinking along these lines encourages progress and helps maintain mental health.
It is so true. The way you are explaining it definitely makes sense. Keeping all that in mind, recently, there have been talks around the legal fraternity worldwide about technology and digital innovation taking over all fields of work. How has technology helped you build your practice? Is it friendly for you, or do you struggle with it? If you haven’t struggled, how has technology helped you? How do you see the future, and what is your prediction for the future work of lawyers? This will help our learners understand new fields they can explore or reach out for.
Ma’am, I’m unsure about the various aspects or new work that will emerge, but I can speak about what we currently have.
I’ll address this question in two parts. First, how I feel technology has helped us. Second, with the advent of technology, what new laws have come in that will likely generate new work. So first things first, ma’am, I feel it’s very important to have an open mind to changing technology.
Credit to my junior colleagues who keep insisting, because I’m fairly old school in my head. My problem was that I could not work without a physical copy. My junior at that time would come along with me and she would only have her laptop.
This is post-2020. In my head, I was still using the hard copy. So at some point, it really made me feel that I would have to get into all of this. It’s just that because I’m not starting, there is that initial sort of lethargy or inertia that keeps you from moving towards that goal.
So I think, of late, I have been able to reduce paper consumption. I’m very happy about that. And yes, it absolutely helps because I’m not reliant on anybody to get me the files. When the matter is going to reach, I have the files on my laptop and I can easily use that, or maybe an iPad or whatever.
But it does take a little time. I’ll be very candid—I struggle with it even now. But it’s only when one keeps working on this that you will actually end up reaching there. It’s not about flashing a laptop or an iPad in the board and saying, “Okay, you know, I have something like this.” But then you see what happens is that when you see people who are older than you, people who are far more experienced and are more likely to be old school, dealing with technology in such a brilliant and seamless manner, you know this for a fact that the only thing stopping you is probably that lack of effort.
So I feel that part is very important. It’s a mental block that needs to be overcome to make space for technology. And I think it makes life easier. It absolutely does. Because I was telling my junior colleague the other day that we’ve seen times, and people who are senior to me have seen even worse times, where people used to keep stones in Delhi, in the Supreme Court. They would keep stones just so that their identification could be marked where they would be in the line of filing.
By the time I came into the profession, the thing was that you had to stand in the line—keeping the stone was not going to help. So the times were fairly flexible, and you had to keep making changes and all of that. But now we just sit in our respective homes, make changes, and file online.
So it’s obviously become more convenient. That, I feel, is a very, very happy change as far as technology is concerned. Now, coming to the second part of it: technology and the growth of technology are also a double-edged sword because there are privacy issues that have cropped up.
When the world was talking about GDPR some years back, India has now finally come up with the Data Protection Act, the Personal Data Protection Act, I believe it’s called.
So I think if somebody is really interested, if somebody really finds the work being generated, I think that is going to be a very, very decent area to specialize in. If I could find the time, I would certainly want to go through that Act and maybe figure out if there is some work there for me.
See, the thing is that some time back, we used to only talk about movies from a very cinematographic point of view. Now, as it stands today, we are dealing with OTTs. And there is a lot of work being generated there too because a lot of times people ask whether there is a requirement for a government body or a regulator to step in to say whether there is some sort of regulatory mechanism required in OTT. I believe at some point it will happen.
But as it stands today, I feel it’s working on a very self-regulation mechanism. So, even that, I feel, in times to come, will have some work. That’s the length and breadth of my thought process at this point.
It’s actually the Digital Personal Data Protection Act. I’m pretty sure that you will do wonders once you get to read it and you’ll get good clients as well. The reason is I am doing all that, so I know about it, and actually, we have to follow what is going on in the digital world as well. And the kind of practice that you have, it is going to be very helpful in digital and cyberspace as well.
Yes.
It has been a very candid interview. You were so clear about your thoughts. I was really amazed that you gave some thoughts about all these aspects of judges, how arbitration works. It’s not easy for lawyers to be so open and so clear about these matters, admitting that they are bringing their mindset to arbitration as well.
It has affected arbitration, but it has been a beautiful experience to have you here, Mayank Ji. It’s absolutely enlightening. And thank you for accepting our invitation.
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Can you share with us how you started your career in law and what motivated you to choose this field? Could you please walk us through your journey?
Since childhood, I’ve been known for my courage, fearlessness, assertiveness, and strong sense of justice. My approach to everything has always been logical and evidence-centric—things were either black or white for me. Even from a young age, my parents recognized that my debating skills were unmatched because I always backed up my arguments with solid evidence. I have a deep-seated intolerance for injustice or bullying, and I’ve always felt compelled to stand up for innocent people.
My journey from being a girl from Guwahati to establishing myself in Delhi has been filled with challenges. I graduated from college in 2008 without any influential connections or shortcuts. I started my legal career by diligently navigating through district courts, district forums, and eventually gaining experience in the High Court and Supreme Court. I strategically planned my career progression, focusing initially on trial experiences before advancing to higher courts. Subsequently, I made the transition to the corporate sector.
Through my diverse experiences with various lawyers and law firms, I have earned a solid reputation within the organizations I have served. My dedication and hard work have been recognized with numerous accolades and awards along the way.
You have over 16 years of experience in various legal domains. How has your journey evolved over the years, and what are some of the significant milestones?
My journey has been a thrilling roller-coaster ride, marked by both successes and setbacks. Through it all, I’ve remained extraordinarily hardworking and persistent. My strong willpower has consistently propelled me forward, regardless of the challenges.
Early in my career, I had the privilege of learning from accomplished lawyers who have carved out distinguished reputations in the field. Their mentorship taught me invaluable legal skills.
Reflecting on some significant milestones, one standout moment was in a service matter where we faced a particularly challenging situation. Through diligent research, I unearthed a case law remarkably similar to our case, and it had been adjudicated by the same judge hearing our matter. This discovery proved pivotal, leading to our victory. I vividly recall my senior exiting the courtroom, giving me a high five, and attributing our success to my efforts—a moment of profound recognition.
Another memorable achievement was successfully representing a previous organization in the Supreme Court. It was a daunting case with slim chances of winning, but meticulous preparation and thorough counsel briefing enabled us to secure a l win and I ended up recovering a substantial amount for the organization.
Additionally, I fondly remember negotiating a critical endorsement agreement where the opposing party was a renowned law firm. As the sole negotiator from our organization, I effectively closed the deal on mutually agreeable terms. This accomplishment delighted our department head so much that he even offered me the opportunity to meet a Bollywood icon, though I graciously declined, the gesture left me elated.
Throughout my career, I’ve also contributed significantly to business transfer agreements and IPO processes, enhancing my professional journey and earning multiple accolades along the way. Each milestone has shaped me and reaffirmed my passion for the legal profession.
You’ve successfully negotiated numerous complex agreements. Can you share a particularly challenging negotiation experience and the key takeaways from it?
Negotiating a contract is a critical process that exposes you to potential risks inherent in the business deal. It’s crucial to accurately capture the business understanding and protect your organization from risks and defaults. In one instance, during negotiations where the other party held significant leverage as the revenue generator and threatened not to sign the agreement, I remained composed. I patiently explained the rationale behind each clause, ensuring they understood how each provision aligned with the overall deal. This approach ultimately led to agreement and closure.
The key takeaway from this experience is to always provide clear rationale behind your suggestions or edits during negotiations. It’s essential for the other party to understand your thought process and how it aligns with the objectives of the deal. Additionally, it’s important not to succumb to pressure and agree to clauses that may be one-sided or disadvantageous to your organization.
How do you believe your work in the legal field has helped companies achieve success and gain knowledge, and what role does legal support play in business growth?
I have made significant contributions in business transfer agreements and IPO processes. These efforts have generated substantial revenue, goodwill, and reputation for the companies I have served. Additionally, as part of legal teams, our vigilant monitoring of risks and proactive mitigation strategies has shielded companies from various threats. We protect brand values, recover outstanding dues, and draft contracts that effectively preserve our rights and remedies. Collectively, these actions significantly contribute to the growth of any organization.
Balancing a demanding career with personal interests is challenging. How do you manage your work-life balance, and what hobbies or activities do you enjoy in your free time?
Yes, achieving work-life balance can be challenging. However, whenever possible, I prioritize spending quality time with my daughter. We enjoy engaging in various activities together such as colouring, reading, dancing, and watching movies.
With the legal landscape constantly evolving, what are some emerging trends in corporate law and compliance that you believe will shape the future of the legal profession?
Certainly! In India, the legal landscape in corporate law and compliance is evolving rapidly, driven by regulatory reforms, economic changes, and technological advancements. Here are some emerging trends that are likely to shape the future of the legal profession in corporate law and compliance:
Digital Transformation and E-commerce Regulations: With the rapid growth of digital platforms and e-commerce in India, there is a need for robust regulatory frameworks governing data protection, cybersecurity, electronic contracts, and consumer rights. Corporate lawyers will need to navigate these evolving regulations to ensure compliance and mitigate legal risks for companies operating in the digital space.
Regulatory Technology (RegTech) and Legal Tech Adoption: The adoption of RegTech and Legal Tech solutions is on the rise in India, offering innovative tools for legal research, compliance monitoring, contract management, and regulatory reporting. Corporate lawyers who embrace these technologies can enhance efficiency, reduce costs, and provide strategic advice to clients.
Ethical Business Practices and Corporate Ethics: There is a growing awareness and importance placed on ethical business conduct, transparency, and corporate integrity. Corporate lawyers are expected to advise companies on adopting and implementing ethical frameworks, whistleblower policies, and conducting internal investigations into misconduct allegations.
These emerging trends highlight the dynamic nature of corporate law and compliance in India. Corporate lawyers who stay abreast of regulatory changes, industry developments, and technological innovations will be well-positioned to navigate complexities and provide value-added legal solutions to their clients.
Your career includes a significant transition from being an associate lawyer to a legal consultant. What prompted this change, and how did you make the choice to shift from a traditional law firm role to a consultancy position?
I’ve always had a passion for exploring diverse areas. If you look at my career trajectory, I’ve immersed myself in every aspect of litigation that a lawyer could possibly undertake. After gaining extensive experience across various courts, I made a deliberate move into the corporate sector to delve into its intricacies and challenges.
What advice would you give to young legal professionals aspiring to build a successful career in corporate law and litigation?
Whatever you pursue, do it with passion, dedication, and honesty. Integrity is crucial. Trust that your honesty, dedication, and hard work will eventually yield rewards. Embrace your struggles and difficult times—they shape who you are today and will make you proud of your journey.
As senior legal professional, what are your primary responsibilities, and how do you manage the legal challenges you face in daily dealings?
My main roles encompass strategic planning, risk management, contract negotiations, dispute resolution, and problem-solving. In addition, I oversee team management, providing guidance and collaborating with them to achieve organizational success.
A significant challenge I encounter is aligning with diverse internal and external stakeholders whose perspectives may differ from ours. Through extensive discussions and deliberations, we work together to navigate these differences and reach common ground effectively.
How did you manage to switch industries from the consumer sector to real estate sector and how has it been different?
After dedicating nearly 8 years to the consumer goods industry, I made a deliberate decision to transition and explore a new industry. My goal was to gain insights into its operations and intricacies. I believe that cultivating diverse knowledge and experience is invaluable, offering broader perspectives and opportunities for growth compared to staying within a single domain.
Certainly, while the sectors themselves may differ significantly, the core responsibilities of lawyers remain consistent across industries. Whether in consumer goods or any other sector, our primary duties include drafting sound contracts, successfully handling litigations, and establishing processes and policies to mitigate risks. Therefore, apart from the specific business activities of each organization, the functioning of legal teams tends to maintain a consistent approach and focus on these fundamental tasks.
Your journey in law is both impressive and inspiring. When did you decide to pursue a career in law, what or who inspired you to take this path, and what challenges did you encounter at the beginning of your career?
I am not sure if my journey can be described as either of these descriptors, but first of all, thank you for taking the time to do this. I was initially swayed towards law during a reading spree of John Grisham’s work. Around the same time, I also read ‘A Civil Action’ by Jonathan Harr and that is when I started considering law as a career option. However, when I attempted to search more about this field on the internet, I could not find any useful details and the information I did find was not too encouraging. I then dropped the idea of pursuing law.
Shortly afterwards, I came in contact with a friend’s brother-in-law who had just completed his law course at NLU, Jodhpur. That is when I was introduced to the world of NLUs and the various career options available to law graduates. Our batch eventually became the first to appear in CLAT since up till 2007 all NLUs had their separate entrance exams.
I think the major challenges I faced after graduation were related to career progression and making the right choices. However, thanks to various mentors, colleagues and friends and some self-reliance I was able to overcome these challenges – or at least I think so!
You’ve achieved a rare Reverse Domain Name Hijacking ruling under the INDRP. Could you elaborate on the details of this case and the strategic challenges you faced?
This was an interesting domain name dispute that came our way. Without making this response too academic or technical, the matter involved a generic term that was registered as a domain name by our client. The Complainant attempted to ‘recover’ this domain name under the. IN Domain Name Dispute Resolution Policy [INDRP] claimed trademark rights in the said generic term. We had to conduct a lot of research into the Complainant’s background to establish that our client had registered the domain name before the Complainant started its business in India and that no single entity can have a monopoly on a generic term in typical situations. The matter was a challenging one because we did not have many past precedents under the INDRP to support our arguments and, moreover, a finding of ‘Reverse Domain Name Hijacking’ [RDNH], which we sought, was virtually never accepted under the INDRP. I am grateful that I had a great team and that the client had faith and belief in our strategy, which allowed us to go the full mile in this matter and successfully attempt the best possible outcome.
Having represented Fortune 500 companies, what are some of the emerging trends in data privacy and digital brand management that businesses should be aware of today?
I think that organisations at this point are far more susceptible to liabilities and legal claims due to the ever-increasing use of digital technology. Organisations need to be aware of all new laws and be compliant with them at all times. Moreover, since in many cases, there are no specific laws for emerging technologies such as Artificial Intelligence [AI], Internet of Things [IoTs], etc., it is crucial to self-regulate and follow industry best practices to safeguard the organisation from any unnecessary liability. Unfortunately, but typically, organisations should be wary of cyber fraud, brand abuse, brand impersonation, data breaches, vulnerability attacks, etc. which could very quickly compromise their reputation and operations.
Your expertise spans prosecution, management and protection of IP portfolios, and handling cyber-crimes. How do these areas intersect in your daily practice, and what complexities do they entail?
In my daily practice, managing and protecting IP portfolios, prosecution, and handling cyber crimes naturally intersect and support each other. When I safeguard my clients’ intellectual property, it often involves protecting these assets from cyber threats too. Moreover, data exfiltration/data breaches, data privacy leaks, IP infringement, etc. are closely interconnected and require constant application of both IT laws and IP laws.
The tricky part is dealing with the ever-changing nature of cyber threats and staying updated with new regulations and tech developments. I need to constantly monitor, adapt, and come up with proactive strategies to tackle risks, always striving to stay one step ahead of bad actors. Balancing IP protection with effective cybercrime response requires a well-rounded approach to ensure that our client’s interests are covered from all angles. I also constantly ensure that our clients comply with all applicable data privacy laws, intermediary guidelines/regulations and consumer protection laws to minimize their liability in this evolving technological landscape.
Could you share a bit about your transition from being at Shardul Amarchand Mangaldas & Co. to becoming a Partner at Scriboard? How has this transition influenced your approach to client service and leadership?
Coming back to Scriboard was an interesting transition as I have spent the majority of my time with Scriboard since I started my career. During my time at SAM, I was able to get a first-hand experience of how a large team of nearly 30 members work in close coordination to deliver top-notch legal advice and achieve results in record time. I also had the opportunity to closely work with my Partners and gain insight into how a leading firm in India operates at the highest level. I feel that this broadened my perspective and allowed me to bring a fresh, evolved approach back to Scriboard in my second stint.
You’ve authored several publications on topics like domain name disputes and cyber laws. How do these academic pursuits complement your legal practice, and how do they contribute to the industry’s knowledge base?
I believe that it forces me to stay updated on the latest trends, cases, and regulations, which I can directly use for the benefit of my clients. This also helps to start a discourse where hundreds of articles such as mine are open to everyone’s feedback and inputs and sometimes certain views of readers and other peers can lead to interesting discussions and offer new insights and ideas.
Outside of your legal career, you’ve been involved with People Canvas, focusing on education and environmental impact assessment, and you have also founded an online education initiative and a nonprofit organization. Could you please share something about this and also How have these experiences influenced your professional perspective, and how do you balance your legal career with these endeavors?
Yes, I was part of the founding team of People’s Canvas, a registered NGO that we formed during our law school days. A faculty member of our law school, Dr. Ritumbra Manuvie, and a very good friend of mine, Asst. Prof. Shashi Kant Yadav was the primary driving force behind this NGO which aimed to work in the field of environmental law activism. I also co-founded a vertical called People’s Canvas Online Education along with Asst. Prof. Yadav with a focus on imparting awareness about Environmental Impact Assessments [EIAs] to law students, graduates and others through a first-of-its-kind Online Certificate Course. At the time, it was one of the first completely online short-term courses primarily catering to the legal fraternity. Subsequently, I founded a legal education and research organisation called ‘Student at Law’ to foster awareness and knowledge amongst law students and the legal community through a comprehensive web resource.
I believe that these experiences have played a tremendous role in shaping my professional life. This fair share of an ‘entrepreneurial’ journey during my law school days and early career helped me gain valuable experience, obtain different perspectives, and, most importantly, teach me the importance of discipline and hard work.
As a ‘Rising Star’ in Intellectual Property, according to the Legal 500, what advice would you give to young lawyers aspiring to specialize in IT laws and intellectual property?
Regardless of the practice area you choose, the concept of KISS—’Keep It Simple Silly’—is effective in every situation. This principle can be applied in both personal and professional life. While I am still working on practicing what I preach, I believe that keeping things simple is one of the best skills to acquire and enhance.
In addition, when it comes to the profession, drafting, attention to detail, research, and spoken language are essential skills that everyone should possess, regardless of their practice area. Specifically for IT or IP law, it is crucial to stay updated on developments in both legal and technological advancements to maintain a firm grasp and understanding of the field.
In addition to your extensive legal career, could you share some of your hobbies or interests and how they help you maintain a balanced and fulfilling life?
A few years ago, I would have readily said reading, but I guess I cannot say that anymore because I am now not able to take the time to read more than 3 to 4 books in a year. I am generally fond of Science Fiction, so any books or movies related to it are certainly always on my watchlist or readlist. Apart from that, I have gradually opened up to the idea of travelling and staycations as it provides an opportunity for a few quiet ones. However, during day-to-day, we are parents to a cute little Indie dog and like to spend our time following his instructions.
