Can you share a bit about your background and what initially inspired you to pursue a career in law?
I spent my childhood in two wonderful, yet very diverse, cities – Hyderabad and Delhi. Moving cities and changing schools at a young age provided me with a rich tapestry of experiences and the chance to develop new interests. I discovered a passion for history and quizzing, which fostered an innate curiosity and interest in delving deep into complex issues. My involvement in debates on various geopolitical issues further fuelled this curiosity. These early interests, coupled with a desire to explore and understand intricate societal issues, naturally led me to the field of law, where I believed these interests would be best nurtured and developed.
What was your experience like at Nalsar University of Law, and how did your time there shape your legal career?
I am fortunate to call Nalsar as my alma mater, and my time there was incredibly formative and enriching. At Nalsar, I had the privilege of working as a research assistant for Professor Amita Dhanda at the Centre for Disability Studies. Professor Dhanda’s courses (specifically, Law and Poverty) were not only expertly taught but were also personally impactful. These courses instilled in me a strong sense of academic rigour and discipline; qualities that continue to serve me well in my legal career.
In addition to the academic exposure, my internships with top corporate law firms such as Khaitan & Co and S&R Associates were pivotal experiences. Although the duration of these internships was short, they were invaluable for learning and absorbing practical skills. These stints provided me with the opportunity to engage in a professional environment, understand the workings of high-pressure legal practice, and build essential interpersonal skills. These experiences collectively laid a robust foundation for my career, blending academic excellence with practical insights.
How did your LL.M. at The University of Chicago Law School influence your perspective on law?
The LL.M. program at the University of Chicago Law School was an experience of a lifetime. UChicago attracts the very best of faculty and students, creating an environment rich in intellectual diversity and extraordinary talent. Studying from leading practitioners in diverse areas of law (including Antitrust Law, Constitution Law and several practice-oriented courses) meant that the experience was rigorous, yet immensely intellectually satisfying.
The Law School also promotes multidisciplinary education in the truest sense, and I had the opportunity to cross-register for courses with other departments outside the Law School. I pursued my passion for History with the South Asian Languages & Civilizations Department, and took Professor Martha Nussbaum’s course on “Opera as Idea & Philosophy”. It was fascinating to learn from, and submit a paper for evaluation to a person whose work was an integral part of the courses I had studied in Nalsar.
These diverse academic pursuits, combined with the rigorous legal training at UChicago, significantly broadened my perspective and equipped me with a well-rounded approach to addressing legal challenges.
You recently completed the Tata-Blue Mint Leadership Program. How has this program impacted your role at Tata Digital?
The Blue Mint Leadership Program, which I completed a few months ago, was a transformative six-month experience. Selected for the program, I had the privilege of attending classes taught by esteemed faculty from the London Business School. As the sole lawyer in the program, I gained invaluable insights on understanding business through modules such as digital transformation, sustainability, inclusion and finance for non-finance professionals. This was broadened by business acumen and underscored the importance of cross-functional collaboration; a key takeaway being that working in diverse, multidisciplinary teams can drive greater impact within organisations.
The exposure provided by the Blue Mint Program has significantly contributed to my professional growth and leadership development. These enhanced capabilities have been a tremendous value-add at this stage of my career, enabling me to contribute more effectively to my organisation’s strategic initiatives and cross-functional projects.
Your career spans prestigious positions from Khaitan & Co to IndiGo Airlines, and now Tata Digital. Can you walk us through some of the pivotal moments that defined your career path?
I am acutely aware of the need to constantly further one’s learning (especially in our profession), and have worked towards this to pursue my career goals. Among the pivotal moments that have defined my career path, there are three that I would say were pivotal moments for me:
First, choosing to work with the competition law team at Khaitan & Co, gave me exposure to complex transactions under the mentorship of an excellent team leader. At the time, competition law was a nascent practice area in India, which made it that much more exciting to be so deeply involved in the creation of precedent. My penchant for research helped in this practice area, given the need to look for precedent from jurisdictions that have been around much longer.
Second, pursuing the rigorous LL.M program at the prestigious University of Chicago Law School (on partial scholarship) after working with a law firm for 5 years, fundamentally changed my outlook and reinforced my dedication to intellectual growth.
Third, on a personal note, the decision to move cities, start a new role, and welcome the birth of my daughter – all within a single week during January 2022 – taught me invaluable lessons in resilience and maintaining a positive outlook amidst rapid change.
These pivotal moments collectively define my career path and continue to drive my professional and personal development.
What advice would you give to fresh law graduates who are just starting their careers in the legal field?
As Roger Federer has said in his recent commencement address at Dartmouth – resilience, grit (over talent), and learning from failure are pivotal. Words of wisdom which, in my opinion, hold true not just for fresh law graduates, but for all of us!
Could you share the pivotal moments and personal motivations that inspired your journey into the field of law, and how did you navigate the initial challenges and struggles as you embarked on your career?
My father is an advocate on record practicing in the Supreme court of India. So, most people naturally assume that is the reason why I chose law. While my father is my personal motivation however, there is quite a bit of story behind why I chose law as my career. I was in grade 5 in school when I first visited the Supreme Court with my dad during my winter vacation. The Court was also closed and there were very few visiting lawyers in the court premises. I was in the cafeteria, when a couple of lawyers approached me and my dad, probably they were curious about seeing a 10-year-old kid in the court premises. They started having a conversion and asked the cliché question, what I want to become in the future. I recollect mentioning wanting to become a scientist and they suddenly asked me, “Why don’t you become a judge”. I said okay and they said, “ promise us that one day you will become a judge of the supreme court”. The young me just went with the flow and promised them. But from that day onwards, I was clear that I wanted to pursue my career in the legal field. Even though later, I decided to take a different path and steer towards corporate practice. Nonetheless, I don’t regret the decision till date.
I guess, the fact that I was determined to be a lawyer and that I wanted to become a corporate lawyer has made it easier for me to focus; the academic faculty at my university, notably Dr. Mamta Biswal, also helped me crystallize my decision to become a corporate lawyer. Our Commerce professor, Mr. Satya Ranjan Mishra encouraged me to pursue the Company Secretary course during my LLB, which helped me in gaining extra learning experience in the subject. While at university, acquiring an internship opportunity was quite stressful and I ended up getting rejected twice by Amarchand for the internship. However, perseverance and proper guidance from my seniors in the University helped me land a job with Shardul Amarchand Mangaldas & Co. (Erstwhile Amarchand Mangaldas Suresh Shroff & Co.) during the campus placement.
Given your diverse experience in both India and the UAE, how do you navigate the legal nuances and cultural differences in your practice, and how do you stay updated with the latest legal developments and industry trends to integrate these insights into your work?
I am indeed grateful to have worked in such diverse legal landscapes. In India, working with Shardul Amarchand Mangaldas under the leadership of Mr. Inder Mohan Singh was a great learning experience. I remember when I joined the firm in 2013, the new companies’ law had just been enforced and our team was primarily working on dissecting the law, making submissions on the lacunas and shortfalls to the ministry as well as other organizations like FICCI. I am really thankful to my mentors, Mr. Aayush Kapoor and Mr. Harish Kumar, who moulded me as a lawyer and became a role model for me. In UAE, I work with M&Co Legal, which is a DIFC-registered law firm run by Emirati lawyers. The legal landscape of both India and UAE is completely different, as you may know, UAE is primarily a civil law country and has two common law jurisdictions in free zones (Dubai International Financial Center and Abu Dhabi Global Market). The transition from India to unlearn and learn civil laws in UAE was challenging in the beginning, especially, trying to understand the legal systems in place. However, the partners and the colleagues at M&Co. Legal were quite helpful during this transition phase, and additionally, the training that I had received at Shardul Amarchand Mangaldas, also helped me to quickly complete the learning phase. Since I am working at a local law firm with a very niche clientele, it naturally assisted me in my understanding of not only the local culture, but also provided exposure in interacting with as well as dealing with clients and peers from different nationalities. The peculiarity of working in UAE (or rather interesting part) is that you get to work under both Civil and Common law jurisdiction, and I have thoroughly enjoyed maneuvering through both these jurisdictions simultaneously. Both India and UAE have fast-changing economic and legal terrain, and I continue to keep myself abreast with the changing legal dynamics, as this is pertinent to provide plausible legal solutions to the client. I normally do that by following media (through news and professional social media platforms), from newsletters released by legal knowledge platforms, and keep a look-out for any important changes by setting a Google alert on the pertinent topics.
Your profile mentions your involvement in drafting insider trading codes and handling related investigations. What insights have you gained from such regulatory experiences, and how do they inform your approach to compliance?
During my tenure in India, drafting insider trading codes and especially handling related-investigations from regulatory authorities in India like SEBI was an interesting opportunity. The experience from dealing with insider trading investigations gave an insight to the regulators point-of-view as well as stance on the points and identify the key areas of focus. This experience in turn guided me while drafting such insider trading codes for the listed entities to ensure the key focus areas, and to effectively deal with the challenges as well as provide proper guidance on these matters to the client. Such matters are extremely delicate and there is a fine-line when it comes to becoming non-compliant, hence, it was important to lay down a proper strategy to ensure effective mechanism to deal with the price-sensitive information with the top management and employees of the organization.
It is also interesting to mention that in UAE, as well, I have dealt with various investigations issued by the Ministry of Economy related to the breach of DNFBP (Designated Non-Financial Business or Profession) obligations and breach of licensing conditions raised by Abu Dhabi Financial Services Regulatory Authority. All these experiences with the regulators teach you to think from a different angle while approaching a matter, and helps you to visualize everything from a macroscopic level as well as gives you guidance to navigate through the regulatory requirements.
With your expertise in employment laws, what advice would you offer to companies navigating labor-related challenges, especially in cross-border transactions?
During my practice in India, employment used to be one of the crucial areas of concern during the M&A deals, and the matter considering the impact on the livelihood of people had to be dealt with caution and delicately. UAE is a labour friendly country and the employment laws strike a balance between the Employers requirements and Employees rights. I would personally like to advise the companies in UAE to specifically be aware of the local employment laws and to understand that the common law free zones (ADGM & DIFC) have a separate employment law. It is important that the terms of employment are carefully drafted to ensure compliance with the local laws. I would specifically recommend the corporates to have an employee handbook to note down the various employment policies while dealing with matters such as disciplinary actions, internal grievance redressal, employee policies tailor-made to the specific industry and educate the employees about these policies.
In relation to cross-border transactions, the areas of transfer of employees and secondment needs to be tackled carefully. Employees in international companies with offices in UAE are normally subjected to the group policies wherever applicable, however, it is to be noted that notwithstanding the group policies and benefits available to the employee, such that an employee in UAE will be receiving the necessary benefits and protection mandated by the local laws. Hence, it is important to reconcile these policies to include the local labour laws and the emoluments accordingly.
In your opinion, how can the legal profession leverage technology and innovation to enhance efficiency and client service while maintaining confidentiality and security?
The advent of digital technologies is positively impacting the legal profession as well. At the moment, I don’t believe that AI can take over a lawyer’s job, however, I firmly agree that it can increase the efficiency in doing the job. Legal tech can eliminate the mundane routine tasks and save the time of the lawyers in focusing on the core legal areas. This will in turn ensure faster delivery of tasks and ensure economic efficiency for the clients by reducing the additional billable hours payable by them. Another area where legal tech can help lawyers is in data entry and research. Even though legal tech ensures efficiency, lawyers have to be responsible enough not to use free and public AI platforms to provide inputs on confidential information. It is always key to ensure that only secured legal tech platforms are used to avoid data leakage and breach.
What motivated you to move your career to Dubai, and how has this transition influenced your professional growth and perspective on corporate law?
My career-move to Dubai was purely due to personal reasons and was not a calculated move from my end. However, I am thankful that it happened as UAE was truly resilient to the challenges during the covid times, and post-covid, the country has seen an economic upward trend. UAE is now increasingly becoming the hub not only for all the international businesses but also for the high-net-worth individuals from various parts of the world. Obviously with the increase in business activities in the country, the legal requirements also follow. Being in UAE and working with M&Co Legal has provided a vast exposure to me to develop my personal and professional growth. Being part of a small yet niche corporate team has expanded my horizon in practicing various aspects of the corporate laws and in various industries. This has helped me understand the business and regulatory requirements for various sectors such as F&B Industry, real estate among others.
As a legal influencer recognized by Lexology, what advice would you offer to aspiring lawyers seeking to establish their presence in the legal community?
I would advice aspiring lawyers to carefully understand the law. “ The devil lies in the detail” is especially true in our legal profession. I understand that nowadays everything is available on AI and legal tech platforms, however, it is important not to blindly rely on it for research without reading the underlying law itself. While I am not against using AI, it is important to use these platforms as a reference and not base the entire work on it without using your own analytical skills. You leave a mark in the legal profession and on your client by using your analytical as well as problem-solving skills.
The acquisition of Al Huraiz Packaging Industry LLC by Hotpack Packaging Industries LLC was a significant deal. What were the most complex aspects of this transaction, and how did you navigate them?
We represented the Seller, AL Huraiz Packaging Industry, which is a local Emirati Company involved in manufacturing packaging materials. The deal was a 100% shareholding acquisition by the major packaging company, Hotpack Packaging Industries LLC. The transaction, considering 100% shareholder takeover included transferring the factory unit and other equipment to the new shareholder. Additionally, there was debt restructuring as part of the transaction; the aspect of regulatory approval and debt restructuring was the challenging part of the deal. However, the negotiations based on good-faith between the parties and legal representatives assisted in finding the appropriate resolution for the concerns.
When advising on mergers and acquisitions, what key factors do you consider to ensure the transaction is legally sound and beneficial for your clients?
Fact-finding by way of due diligence (either legal or financial due diligence) is the most important part of ensuring whether the deal is legally plausible. Additionally, it is commonly believed that the lawyers should not interfere with the commercial aspect of the transaction. However, I would opine otherwise; since commercial considerations have major legal impact, it is crucial that lawyers carefully review the commercial understanding and advice the client as well as provide any alternative solution for the client.
Outside of your professional work, what hobbies or personal interests do you pursue, and how do they influence your approach to your legal practice?
I love travelling! I know it’s a cliché statement, but I consider myself a “traveller instead of tourist” while exploring a new place. My research skills are utilized prior to and while travelling, especially planning the travel. I plan the itinerary down to every intricate detail. I ensure I understand the local culture, interact with local people, and try out the local cuisine. I use travelling not only to unwind from my daily routine, but also the things I learn my travel helps me understand different people, including my clients and peers. I truly believe that to become a successful corporate lawyer and leader to your team, you not only need technical expertise but also need to have interpersonal as well as people-management skills.
Your parents had distinguished careers, with your father being a banker and your mother an esteemed lecturer and poet. How did their careers and your early life in Madras and Bangalore influence your path to law?
Having a banker father and a lecturer and poet mother created a unique blend of influences that led me on a path to law. From my father I learnt the importance of strategic thinking and perhaps an understanding of dealing with clients. It is on account of my mother that I developed a love for language and reading, as also appreciation for the power of words, all of which are valuable assets in the legal profession.The ability to communicate effectively, analyse complex texts and craft persuasive arguments are all essential skills for a lawyer. Additionally, growing up in a household with diverse interests and perspectives helped foster a well rounded approach to problem solving and decision making, which are also invaluable traits in the legal field. Overall, the combination of influences from both parents provided a solid foundation for pursuing a career in law.
You had a diverse educational background, studying at various institutions across India. Can you share some pivotal moments from your time at Don Bosco Boys’ High School and Bishop Cotton Boys’ High School that shaped your future career?
Both Don Bosco Boys’ High School and Bishop Cottons Boys’ High School laid emphasis on the development of the whole person, integrating intellectual, physical, social, and spiritual dimensions, and the importance of values like kindness, respect, honesty, and responsibility. They also fostered traits such as integrity, perseverance, and leadership through various activities and mentoring, encouraging a spirit of service and compassion towards others, especially those in need.
After obtaining a BSc. in Microbiology, you pursued an LLB degree from Kerala University. What motivated this shift from science to law, and how did your scientific background benefit your legal studies and career?
Yes, transitioning from Microbiology to law is quite a departure. My uncle Prof. Krishnan Nair, who had been the Principal of several Government Law Colleges in Kerala and after retirement Principal of the Kerala Law Academy Law College at Thiruvanathapuram was instrumental in persuading me to take up law. He also presented me with copies of the many law books authored by him and reading through them, also got me interested. I think a science background promotes meticulous attention to detail and critical thinking and analytical skills, which are crucial in legal reasoning.
During your final year of LLB, you interned with Mr. K.K. Ayyappan Pillai, a renowned Tax Advocate. How did this internship shape your early career, and what were some key lessons you learned from Mr. Pillai?
Tax laws is a complex and specialised field. Mr K.K. Ayyappan Pillai, a renowned Tax advocate at Thiruvananthapuram proved to be a valuable mentor, being a stickler for minute details, with exceptional researching skills, an uncanny ability to immediately spot errors ,a staunch believer in “hands on training” and “thinking on your feet”. I remember while training under him, on one occasion he made me accompany a client and appear before an ITO on a question of Agricultural Income Tax. The ITO placed before me a document which was in Malayalam and asked me to read a portion of it. Not being able to read Malayalam I shot back – “I have read it, why don’t you do so?” The ITO then read out the relevant portion and I was able to make my submissions ! The client was overjoyed with the result that he treated all of us in Mr. Pillai’s chambers to cake and tea! Mr Pillai instilled in me a strong sense of professional skills emphasising the importance of integrity, confidentiality and ethical standards.
John & Co. was a significant milestone. Can you describe the challenges and triumphs you faced in the early years of establishing the firm?
I took over as Managing Partner of the law firm K.J.John & Co. when Mr K.J.John, a very respected and well known Advocate on Record of the Supreme Court decided to retire in 2001. Establishing a law firm comes with its share of challenges and triumphs, especially in the early years. Establishing credibility and a strong reputation in the legal community takes time and effort. Clients often prefer experienced firms, so proving competence early on can be challenging. Further, a law firm requires significant initial investment in office space, and personnel and managing cash flow and ensuring steady revenue in the early stages is critical. Balancing client work, administrative tasks, and development efforts can be overwhelming, especially with limited resources and personnel. However, triumphs include acquiring important corporate clients and successfully handling their cases, which not only validates the firm’s capabilities but also starts building its reputation. Assembling a team of talented lawyers and staff who share my vision and values was also a significant achievement. Achieving sustainable growth, expanding practice areas, or opening new offices are milestones that reflect the firm’s success and acceptance. We opened a branch office of the firm at Kochi which was successfully managed for many years by a very close friend and coursemate in law college, till he was elevated as a Judge of the High Court. Navigating these challenges and celebrating these triumphs requires resilience, strategic planning, and a commitment to delivering exceptional legal services. Each hurdle overcome and each success achieved contributes to the firm’s evolution and long-term viability in the very competitive legal field.
You’ve been involved in landmark cases like the Sahara and PACL cases and Nirma Vs SEBI. Can you share insights into these high-profile cases and what they taught you about the intricacies of Indian law?
Certainly! Each of these landmark cases provided valuable insights into the complexities of Indian law and the legal system. The Sahara and PACL cases, for instance, highlighted the importance of regulatory compliance and investor protection in the financial sector. These cases involved intricate legal arguments regarding securities regulations, investor rights, and corporate governance, showcasing the need for thorough due diligence and adherence to legal frameworks to ensure fair and transparent dealings in financial markets.
The Sahara Vs SEBI case is one of the most notable legal battles in Indian corporate and securities law history. It revolved around the issue of Sahara Group’s non-compliance with SEBI’s regulations regarding raising funds from the public through Optionally Fully Convertible Debentures (OFCDs). SEBI asserted that Sahara had raised billions of rupees from investors without proper regulatory approvals and disclosure requirements, thereby violating securities laws and jeopardizing investor protection. Sahara Group, on the other hand, contended that the funds were raised through private placements and were not subject to SEBI’s jurisdiction. The case spanned several years and involved multiple legal proceedings, including appeals to higher Courts. In 2012, the Supreme Court of India delivered a landmark judgment directing Sahara to refund the collected amount to investors with interest, through SEBI. The court also imposed hefty fines on Sahara for non-compliance. The SEBI Sahara case significantly contributed to shaping securities regulations in India, emphasizing the importance of investor protection, regulatory compliance, and transparency in fundraising activities. It also underscored the pivotal role of SEBI in regulating and monitoring capital markets to maintain their integrity and stability.
The PACL vs. SEBI case was another significant legal battle concerning securities regulations and investor protection in India. PACL, also known as Pearls Agrotech Corporation Limited, was accused by SEBI of running illegal collective investment schemes (CIS) without proper regulatory approvals. SEBI alleged that PACL had raised over ₹60,000 crores from millions of investors through its CIS (Collective Investment Schemes) activities, promising high returns on agricultural land investments. However, SEBI argued that PACL was not complying with the necessary regulatory frameworks and was operating in violation of securities laws. The case involved extensive investigations, legal proceedings, and efforts to recover funds for affected investors. In 2015, SEBI order PACL to refund the collected amount to investors and imposed penalties for non-compliance with regulatory requirements. In Appeal before the Supreme Court, the setting up of the Justice (Retd) R.M.Lodha Committee to sell properties of PACL and its associate concerns etc. and repay investors, was ordered. The PACL vs. SEBI case highlighted the importance of robust regulatory oversight in preventing fraudulent schemes and protecting the interests of investors. It also underscored the need for strict enforcement of securities regulations to maintain trust and confidence in the financial markets.
In the Nirma vs. SEBI case, the Supreme Court in its decision on the takeover offer by Nirma Industries Limited to the shareholders of Shree Rama Multi Tech Limited (SRMTL), concurred with the view of the Securities Appellate Tribunal (SAT) and the Securities and Exchange Board of India (SEBI), in disallowing the withdrawal of the offer by Nirma. he Supreme Court largely relied upon an interpretation of Reg. 27 of the. SEBI Takeover Regulations, 1997 to come to the conclusion that withdrawal was not permissible. This case shed light on the evolving landscape of corporate law and the regulatory authority of SEBI in matters concerning securities market violations and underscored the significance of regulatory oversight in maintaining market integrity and investor confidence. I was the lead Counsel in this case and I will never forget the day of pronouncement of judgment in this case, when the Hon’ble presiding Judge of the Bench that had heard the appeal, looked up and said ”Mr Venugopal you have won”!
Your practice spans various legal domains, from civil litigation to securities laws and arbitration. How did you develop such a broad expertise, and what areas do you find most challenging and rewarding?
My broad expertise developed through years of studying and practicing law across different domains. As Standing Counsel for the State of Goa from 17.01.2013 to 18.02.2021, I dealt with a wide range of legal issues and cases that affected the State and its residents, and these included everything from constitutional matters to administrative law, civil disputes, matters related to environmental regulations, water disputes and even criminal cases. Each case presented unique challenges and opportunities. I find the diversity of legal issues fascinating, but the complexity of securities laws and arbitration tends to be both challenging and rewarding as they require a deep understanding of regulations, market dynamics, and dispute resolution strategies.
As someone with over 33 years of experience and a recent designation as a Senior Advocate by the Supreme Court, what advice would you give to fresh law graduates entering the legal profession today?
I would advise fresh law graduates to prioritize continuous learning, build strong professional relationships, maintain integrity, and always strive for excellence in their work. It’s crucial to stay updated with legal developments and hone both legal knowledge and practical skills to navigate the complexities of the legal profession effectively. Additionally, fostering a reputation for reliability, honesty, and professionalism will be invaluable throughout your career.
Reflecting on the beginnings of your career in law, could you share about your journey, about your family and what inspired you to pursue this path of Law?
I come from a Sindhi business family that has been in the petroleum industry for five generations. Despite a business background, the elders always placed a strong emphasis on education, encouraging the growth of several doctors, engineers and business graduates within the family. My maternal side of the family were well-known producers and distributors in the Hindi film industry. A legal career was not a typical path within my family background, but on reflection, I feel it had always been my true calling.
My aspiration to pursue a legal career began at the young age of 13 when, at my school, JB Petit High School, Mumbai, I attended a lecture on environmental law by the eminent Senior Counsel Mr. Navroz Seervai. His views on how law could be used as a tool to bring about transformative changes in society resonated deeply. The seed was further nurtured by regular teenager interests in legal fictional books and shows, and this led me to join Government Law College, Mumbai to pursue the 5-year degree course.
My interest in family law took root at a young age, influenced by personal relations. I witnessed the unfortunate plight of a family friend who despite being an educated lady, was in an emotionally abusive marriage but was unable to find a way out of it as she had no family or financial backing and was afraid of losing custody of her young children. Coming from a fiercely liberal background and school, it made me realise that there were people across strata who were stuck in a bad marital situation and were unaware of their options. I had hoped then, to be able to make a real difference in such situations and I am glad that I am finally in a position to realise that dream.
Your journey from commercial litigation to specializing in family law is quite fascinating. Could you share what prompted this transition and how it has enriched your professional outlook?
Whilst I always knew I would eventually specialise in family law; I did not want to pigeonhole myself in a specialisation early on. I am glad I took the long road experiencing and learning about the myriad aspects of the law. During my college days, I recognized my inclination towards litigation and took up internships with law firms to acquire practical experience. I also interned at the National Human Rights Commission and in my final year, I did a judicial clerkship with the Hon’ble Mr Justice (Retd) S.J. Vazifdar (Former Chief Justice of Punjab and Haryana High Court). I observed firsthand the intricacies involved in conducting trials and the skills of persuasion a litigating advocate must possess.
Upon graduation, I worked in several prestigious litigation firms, gathering knowledge and experience in difference areas of law such as media, real estate, arbitration, family, banking and finance. I learnt how to run a litigation holistically right from laying the foundation stone, being the first communication until its logical end. Working with the best litigators in Mumbai I learnt a lot of unique drafting styles, strategies towards a matter, practical tips on client handling or how to read a judge – with each matter furthering my skills as a litigator.
After spending a decade practicing commercial litigation, I took a sabbatical to expand my family and since then I have had the most wonderful experience raising my son–despite its inimitable challenges. It made me realize, like law, raising a child is a dynamic and ever-growing process, where you learn something new every day. I have also learnt the art of nuanced negotiating where I need to make my son believe that he has got his way!
In 2020 while the world was battling Covid, marital disputes spiked. I got a firm push towards family law when I helped a friend who was in the midst of a particularly tenacious negotiation against her well connected and financially sound (now ex) husband. He was unwilling to give her a fair settlement initially and she was out of her marital home with her young children. A long-winded expensive court battle was not an option. Extensive strategizing and negotiations eventually led to a satisfactory settlement, including a lumpsum alimony and a house in her name. This encouraged me to pursue my interest in family law and I joined the chambers of Senior Advocate Mrs. Mrunalini Deshmukh, to formally kickstart my practice. I was associated with her chamber for almost 2 years, whilst simultaneously building my independent practice.
In your experience, what is your perspective on false cases within the realm of family law? Have you encountered instances of such cases during your career, and if so, could you share your approach in handling them while upholding justice and maintaining ethical standards?
Matrimonial disputes are uniquely characterised with the baggage of bruised egos and scarred emotions on both sides – which unfortunately could result in acts of personal vendetta against the spouse (and family) at times. I have seen a sharp increase in matters where false complaints are being filed under Maintenance and Welfare of Parents and Senior Citizens Act, the Protection of Children from Sexual Offences Act (POCSO), and shockingly, even filing of false kidnapping cases, especially against the father. All these are awful pressure tactics, with a devastating impact on children. When one files a complaint for kidnapping or under POCSO- it appears that the party filing such complaint has forgotten that at the heart of the issue, there is a child being thrust into a conflict zone (which is the marital dispute essentially between the parents). To then further drag the child through such cases is adding additional trauma that the child most definitely does not deserve nor need.
My approach and advice is always- there are no winners in a divorce, so negotiate as hard as you can outside court in order to reach an amicable settlement and enter court only to file a mutual consent divorce Petition. I encourage parties to take all the help and external counsel possible, in the form of family, friends, mediators, marriage counsellors, well-wishers and lawyers. Exhaust all amicable possibilities including pre-litigation mediation and only once you’ve exhausted such possibilities and a settlement still hasn’t worked out, then go to court, but fight fair. Most importantly, if there is a child involved always remember that your north star is that young person, because your actions are shaping their future, and in the larger scheme, the future of generations to come.
Could you shed light on the importance of empathy and guidance in navigating clients through the emotional complexities inherent in family law disputes?
Empathy is a super-power and as a family lawyer one should be cognisant of it, and try and cultivate it. According to me, family law practice is more about understanding the root of the dispute and finding a way to settle the matter as amicably as possible, rather than pushing to litigate. Either one or both parties may come from a place of ego. During the first meeting, I am usually told by the client that they want to “show their spouse their place” not being mindful that when you burn your house, you burn with it. It is then our duty to talk the client off the ledge and make them realise the pit-falls of their actions. I am very glad about the fact that in the past year I have managed to amicably negotiate and settle a number of cases, some of which started off with extreme hostility – which has further fortified my belief that at the core of every dispute, there is an inherent desire to end the acrimony and move on. I strongly encourage parties to first try counselling- individual as also couples counselling -before taking any drastic steps. Often counselling fails, but by then tempers have calmed, the parties have got better perspective and they are more receptive to a settlement. I also realised that clients (and their families) want me to hand-hold them through this very difficult phase, reassuring them that I have got their back and in doing so, it becomes much easier to reason with them.
As an advocate for peaceful resolutions, how do you handle cases where litigation becomes unavoidable, and what steps do you take to mitigate adversarial dynamics?
Commercial litigation lawyers usually aspire towards a landmark victory in Court and being a part of landmark judgments, but family law is a unique space where as a family lawyer, you may not be spoken of in the same breath as commercial legal luminaries, but should always be remembered as someone who brought about a peaceful resolution within a family. Having said that, it is not always possible to amicably settle matters and sometimes it is necessary to battle it out in Court. My mantra is to always keep it fair and honest whilst keeping the larger picture in mind – no matter what the circumstances may throw your way. At times, I have had to even reign my own clients in, and not let egos take over the process. However, even within an acrimonious battle, I always try and keep the door ajar for the opposing party/ counsel to walk in and engage in a settlement at any stage.
In your experience, what are the most common misconceptions that clients have about family law, and how do you address them during consultations?
One common misconception is that filing false complaints against the spouse and/or family will put the right pressure on you and get you the desired result. Completely untrue. Whilst filing such complaints may initially seem like a petty victory, after a point the feeling fizzles out, leaving both parties and their families with much resentment, a mountain of paper-work and whooping legal fees. The advice I provide can’t be the same for every client, it has to be tailor made keeping in mind facts and circumstances, but the one consistent advice I give is, if you want to file such complaints, be prepared to stay in court for a long time, losing years of your life and not to mention a large part of your income.
What advice would you give to aspiring lawyers, particularly those interested in specializing in family and matrimonial law, based on your own career journey and experiences?
The most important yet basic advice I could offer is, do not bring your client’s energy back home, have an awareness about your own emotions and be mindful of your boundaries. A philosophy I strongly believe in is, if, as a family lawyer, you find yourself litigating more than amicably settling matters, you are doing it all wrong and need to rethink your perspective.
With the demanding nature of your legal practice, how do you prioritize self-care and relaxation? Could you share some of your favorite methods for unwinding and maintaining a healthy work-life balance amidst your busy schedule?
The balance between work and being physically and emotionally present for my young son, is challenging on many days. However, spending time with him is my absolute favourite way to unwind, especially after an exhausting day. We have some of the best conversations at dinner time. During the weekend, we catch up with our close-knit circle of family and friends and go for a swim at the CCI Club, which we both love. We love baking and cooking together. We also love discovering cafes around the city. To maintain a healthy work- life balance, I ensure that I start my day with a brisk walk by the sea, which both centres my thoughts and helps me plan my day. I have an incredible support system in my family and friends. I meet my friends for coffee and laughs at least once a week and those who don’t live in the city, we have a system of check-ins once every few days. I also ensure I meet up with my family almost every-weekend to get that much needed pampering. Both my siblings live out of the country so I make sure I take at least 1-2 holidays with them each year. At the end of the day, there is nothing that a well-rested night of sleep cannot cure.
Could you please share with us what initially drew you to pursue a career in law, particularly in the specialized field of international trade law?
Frankly speaking, I was an above average student during my school days but was really drawn towards sports and extracurricular activities. I was sensitized to social issues through my association with civil and community service organisations like Indian Scout and Guide, I was fortunate to be one of the few candidates from the state of Uttar Pradesh to have received the Governor’s award.
Like any other aspiring student hailing from a humble background, I was very motivated and ambitious to do something for my family and the country. After completing my 12th standard from the Commerce stream with decent marks, I was certain that I didn’t want to pursue any conventional graduation course or pursue chartered accountancy. So, law as a career option came through the zeal to do something impactful.
Being a first generation lawyer, it was quite difficult to chalk out a typical plan in terms of selecting the institution and the subject of specialisation in law. Law College Dehradun, which was then affiliated to a Central University was recommended by one of our family friends based in Dehradun.
But initially like any other student belonging to a tier three city in 2011-12, I was a bit nervous about the choice of the institution in India due to limited exposure. However, it was a blessing in disguise as Law College, Dehradun really helped me to inculcate some of the best values of the profession and life. It was an excellent journey with experienced faculty (notably our Principal Prof (Dr.) Rajesh Bahuguna and Prof (Dr.) Poonam Rawat, supportive batch-mates and world class education facilities that laid the foundation for my legal profession.
I believe it was due to my keenness to learn and ask questions beyond the curriculum that motivated me to pursue my Master’s in Law right after my law graduation.
I was fortunate to get a reasonable rank to qualify CLAT PG-2017 to secure admission in one of the most prestigious law schools of India that is “West Bengal National University of Juridical Sciences (“NUJS”), Kolkata”.
Without reservation and with a humble acknowledgment, I admit that graduating in law from a traditional Central University, I was unaware of concepts like Anti-dumping (“ADD”) or Countervailing Measures (“CVD”) until my initial LL.M. class on International Trade Law at NUJS in 2017, under the guidance of my esteemed mentor, Prof. (Dr.) Sandeepa Bhat. However, that 45-minute class sparked my curiosity, driving me to delve deeper into the subject and inspiring nearly 7 years of passionate work in this domain.
Your academic journey is quite impressive, from your B.A. LLB at Law College Dehradun to your Ph.D. in International Trade Law. What were some of the key experiences or influences during your education that shaped your career path?
As I mentioned, I truly cherish every day of my law school that made me learn something or the other each day. During my law graduation days, I was really an active member of various student bodies and had an opportunity to be the President of the Legal Aid Centre of the college. I have participated and organised several national and international cultural and academic events that provided me with the exposure to learn a lot of things subconsciously.
What I can recall is that my initial internships were a bit unconventional like working for renowned NGOs like Childline India Foundation (Childline-1098) and Rural Litigation and Entitlement Kendra (RLEK) that provided me an exposure to understand the issues of the weak and marginalised sections of our society.
Also, my internships with Uttarakhand State Women Commission and Uttarakhand Human Rights Commission provided me a fair idea as to how good laws and policy, if implemented well, can act as an instrument to bring change and social justice.
After completing my Masters, in the initial phase of my career, I worked as a Research Associate with the Directorate General of Trade Remedies (“DGTR”), under the Ministry of Commerce & Industry, Government of India. This is India’s investigating authority to deal with Trade Remedial issues raised by Indian domestic industries against the unfair trade distortive practices.
At DGTR, I gained valuable insights on WTO jurisprudence and Indian practices while working with dynamic investigating teams (including officers from different cadres and ranks), handling ADD and CVD cases and actively contributed to providing institutional support to small and medium enterprises through awareness campaigns and technical assistance.
Your Ph.D. thesis focuses on “WTO Trade Remedial Measures.” Can you tell us about the most significant challenges you uncovered in your research and how they impact international trade, especially concerning India?
I started my research with a motivation or a quest to find answers to several questions regarding the hyper-technical concepts of International Trade Laws. My initial hypothesis that eventually stands correct in a technical sense was that the existing sensitive and procedural framework governing WTO Trade Remedial measures in India are not efficient and effective enough to address the contemporary issues in global trade.
One of the critical existing challenges in the WTO Trade Remedial investigations is the existence of unchecked administrative discretion of investigating authorities due to legislative shortcomings and procedural inconsistencies that impact international trade.
Transitioning from academia to professional practice, you worked as an Associate Director at SBA Group Solicitors and Consultants. How did this role help you apply your academic knowledge to real-world trade law cases?
Needless to mention, the legal profession is very demanding, such as International Trade Litigation.
I joined SBA Group Solicitors and Consultants (“SBA”) after working as a Trade Consultant with Government of India and as an in-house legal counsel with Jindal Group. So, by that time I got a reasonable idea of the expectations of the corporates/industry from Trade lawyers/consultants.
The experience at SBA was very rich and challenging but rewarding at the same time. Being one of the few Indian Trade Law firms in India that represents before the International Investigating Authorities like US Department of Commerce (USDOC) and European Commission, working with the firm was indeed an amazing and overwhelming experience.
At SBA, I led a team responsible for representing Indian industries in Trade Remedial Investigations, specifically ADD, CVD, and Safeguard Measures before Trade Investigating Authorities, primarily the United States and the European Union. During my tenure, I also conducted comprehensive legal research and prepared precise technical and legal submissions, contributing to the successful execution of strategic assignments for major Indian corporate entities covering Textile, Steel, Pharmaceutical and Ceramic Industries.
You’ve worked on more than 15 antidumping and countervailing duty cases, saving millions for your clients. Could you highlight one or two cases that were particularly challenging or rewarding and explain why?
I should confess that I was quite lucky to have such a rich experience so early in my career. I am especially grateful to my partners and the management at SBA to show such trust and confidence in me. Mr. Sunil Bhargava, Mr. Arpit Bhargava and Ms. Radhika Sharma deserve a special mention.
Though working for each case and assignment was quite exciting, two important cases that provided me exceptional exposure was working with the Senior US Trade Counsel to prepare a legal brief before the US Court of International Trade (USCIT) challenging the finding of USDOC and another was to facilitate the verification of European Commission for one of our client who was the largest exporter of ceramic tiles to EU and work closely with the European Commission officers for each details and arguments, we were able to successfully defend our clients in the case.
Your experience includes working with international clients and representing cases before the U.S. Department of Commerce. How has this international exposure influenced your perspective on trade law?
Since both India and the Unites States are common law countries, so principally the legal fundamentals are broadly similar. Having said that, working with international clients from different cultural and educational backgrounds and that too in different time-zones was quite challenging.
Further, practising before the USDOC was very fascinating, though it warrants a lot of diligence and accuracy but officials are very accommodating and are rational at the same time. This exposure provided me with a realisation that international trade litigation has a very significant impact on stakeholders globally.
In your current role as a Consultant at the Centre for WTO Studies, what are some of the key projects or initiatives you’re involved in, particularly regarding the India-EU FTA negotiations?
I joined the Centre for WTO Studies in December 2023, following the completion of my doctorate in International Tarde Law. The Centre, established in 1999, serves as a permanent repository for knowledge and documentation related to WTO negotiations.
My decision to join the Centre was driven by a strong desire to further my learning and research capabilities by working alongside some of the brightest academic minds in the fields of WTO and International Trade Law and policy. The Centre offers a unique environment that combines institutional training with international exposure, which is crucial for enhancing my research skills.
In my current role, I am working closely with India’s Free Trade Agreement (FTA) negotiating teams. These teams engage with potential strategic trade partners, and my primary responsibility is to provide research and technical insights that inform the negotiation process.
This experience has been exceptionally rewarding, as it has allowed me to delve into the complexities of trade negotiations. I have gained a deeper understanding of the challenges involved in negotiating with developed nations and reaching mutually beneficial agreements. It has also been an eye-opener, revealing that international trade and negotiations extend far beyond the realms of law, economics, and policy, involving intricate dynamics and strategic considerations.
We have noted that recently you have authored a book on WTO Trade Remedial Measures, what inspired you to write this book, what is the audience to seek to cater to?
My passion for international trade law and my hands-on experience in the domain have greatly motivated me to write a book titled “WTO Trade Remedial Measures: Navigating Legal and Economic Complexities in International Trade”. The book published by one of the renowned publication houses of the country, has received appreciation from academic and legal fraternity.
The multilateral trading system, epitomized by the World Trade Organization (WTO), is at a critical juncture due to escalating trade tensions and global crises. My book aims to unravel the evolution, challenges, and implications of trade remedy measures within the framework of WTO agreements. It offers a distinct focus on India’s perspective, enriched with a comparative analysis of practices in the United States and the European Union. This comprehensive exploration provides valuable insights into the contemporary trade environment and the specific issues faced by different jurisdictions.
In this context, the book undertakes a pioneering effort to evaluate existing laws and procedures concerning trade remedy measures in India. It sheds light on legislative shortcomings and procedural inconsistencies, advocating for safeguards against unchecked administrative discretion. By proposing amendments to enhance the efficacy of trade remedies, the book charts a course toward a more equitable and responsive global trading system.
This book is tailored for a diverse audience, including scholars, practitioners, policymakers, exporters, entrepreneurs, and students interested in international trade law, economics, and policy. It aims to serve as a critical resource for understanding the intricacies of trade remedy measures and their role in the multilateral trading system.
The motivation behind writing this book stems from my desire to contribute to the field by addressing existing gaps and offering practical solutions. My industrial exposure and passion for the subject drive me to advocate for a fairer and more effective global trade system, which I hope to achieve through this work.
Finally, based on your extensive academic and professional experience, what advice would you give to fresh graduates who are aspiring to build a career in law, especially in the niche field of international trade law?
Although I don’t consider myself an expert in career orientation. My mantra in my career is “to go with the flow and keep it simple”. However, here are some key points of advice for fresh graduates aspiring to build a career in law, especially in the niche field of international trade law:
Stay Updated
Keep Abreast of Developments: Regularly read journals, articles, and news related to international trade law and WTO updates.
Attend Seminars and Webinars: Participate in conferences and webinars to stay informed about the latest trends and issues in the field.
Subscribe to Industry Newsletters: Follow relevant organizations, think tanks, and law firms that specialize in international trade law.
Develop Soft Skills
Effective Communication: Work on your written and verbal communication skills to articulate complex legal concepts clearly.
Networking: Build and maintain professional relationships within the industry through networking events and social media platforms like LinkedIn.
Negotiation Skills: Develop strong negotiation skills, as they are crucial in trade law and dispute resolution.
Embrace Technology
Familiarize with Legal Tech: Learn about the latest legal technologies and software that can aid in research, document management, and case analysis.
Enhance IT Skills: Be proficient in using data analysis tools and legal research databases.
Identify Research Interests
Focus on Specific Areas: Identify and specialize in specific areas within international trade law, such as trade remedies, intellectual property rights, or dispute resolution.
Engage in Academic Research: Contribute to academic journals, write articles, and participate in research projects to build your expertise and profile.
Gain Practical Experience
Internships and Fellowships: Seek internships at law firms, international organizations, or government agencies that deal with trade law.
Pro Bono Work: Engage in pro bono work related to trade law to gain hands-on experience and contribute to your community.
Pursue Further Education and Certifications
Advanced Degrees: Consider pursuing an LLM or other advanced degrees in international trade law.
Certifications: Obtain certifications from recognized institutions to bolster your credentials.
Understand the Global Context
Study Comparative Law: Learn about the trade laws and practices of different countries to gain a global perspective.
Language Skills: Develop proficiency in foreign languages, as this can be advantageous in international legal practice.
Stay Open to Diverse Roles
Explore Various Roles: Be open to roles such as policy advisory, consultancy, or academia, which can provide diverse experiences and insights into international trade law.
Your journey into Intellectual Property law seems quite diverse and extensive. Could you share some insights into how your career began and evolved to where you are today?
Post my LL.M degree in Intellectual Property law, I was very keen on establishing an IPR practice. However, it is very important for a lawyer to be exposed to many areas of practice before narrowing down to the field of liking. Therefore, I chose to practice general litigation along with IPR. In total, I worked for 4 law firms before starting on my own. Most of my work was in the area of IPR. During my time as a junior associate, I wrote articles on different topics of Intellectual Property to explore the subject. Writing articles on topics you would like to explore is the best way to gain knowledge on the said topic. My articles I posted on LinkedIn actually brought me clients. I also got an opportunity to train MSMEs through MSME DI Chennai which brought the much needed visibility. Patience, perseverance and hard work are the three important pills for a 1st generation Lawyer.
As someone who has practiced in both independent and corporate legal settings, what differences do you find in terms of approach and strategy when handling intellectual property matters?
In both the setups, ultimately the strategy depends on the facts and circumstances of each case. In terms of approach to clients, cases, fees etcA corporate firm is extremely structured and there are systems in place to deal with multiple aspects.
Intellectual property law encompasses various aspects, including patents, trademarks, copyrights, and geographical indications. How do you stay updated with the latest developments and best practices across these diverse areas?
Being a lawyer; to serve your client best it is very important that you keep yourself updated. It is very essential that you read regular law journals and latest judgements, blogs, and international and national blogs. Regular reading is the key.
Your involvement with MSMEs and entrepreneurs suggests a passion for supporting small businesses. How do you tailor your legal advice to meet the unique needs and resources of these clients?
Like I mentioned earlier there are no hard and fast rules as to how to deal with a certain type of client. Requirements of each client, whether a person/ entity is unique and every case requires a tailor made strategy.
Could you share a memorable case from your time at Fox Mandal Little where your expertise in copyright infringement or design registration made a significant impact on your client’s business?
While in Fox Mandal, I was doing more of prosecution than litigation and I remember working on very prestigious brands and clients. Many were international. It is pertinent to mention that it was here in Fox Mandal that I was exposed to the non-contentious and prosecution side of IP practice; wherein my previous and later association with other firms were more of litigation. This experience allowed me to look at and practice IPR in a 360 degree perspective.
Reflecting on your journey thus far, what do you consider your proudest professional achievement, and what lessons have you learned along the way that you would like to impart to others in the field?
My entire journey thus far is an achievement. Being a 1st generation lawyer and without a legal background and guidance, holding my ground so far is a great achievement for me. Apart from that I have many prestigious names in my clientele. Integrity, honesty, sincerity and hard work shall take anybody a long way. However, sometimes smart work is also important.
You’ve authored the IP Digest and conducted numerous IPR training sessions. How do you believe education and awareness in intellectual property rights contribute to innovation and business success?
In my experience, in the Indian scenario I have seen quite highly educated people lacking awareness on Intellectual Property Rights. Many of them are quiet ignorant about the benefits it can offer and also the dangers of not taking certain actions at the right time. That is the very purpose of coming up with this digest so that the laymen and children can learn the importance of IPR. Exploiting one’s IPR is a practical way to success. That is what I try to reiterate in my training sessions.
Your academic journey includes pursuing a Master of Laws (LLM) in Intellectual Property Law from the University of Manchester. Could you share some insights into how the educational experience in Manchester differed from your studies in India, and how that experience has influenced your approach to practicing intellectual property law?
It is mostly self-learning through course works and dissertations. It was however different, and had a different perspective. Some exams were for 1hr 15 min which actually needs you to keep the subject in your fingertips. Overall, it was a good exercise to the brain and a test of your ability and calibre.
You’ve been involved in mediation and copyright infringement cases. How do alternative dispute resolution mechanisms contribute to resolving IP disputes effectively?
There are certain aspects of IPR that can be resolved only through courts. However, there are disputes which could be solved by using alternative dispute resolution mechanisms. Its time saving and faster compared to litigation. It is beneficial under certain circumstances.
How do you typically unwind or recharge outside of your professional responsibilities? Do you have any hobbies or activities that help you relax and maintain a healthy work-life balance?
You will actually know when you need a rest, your brain’s ability to think further stops for a minute. I do have hobbies of which reading books of literature and children’s books give me utmost pleasure. I like to watch legal dramas to keep me motivated and connected. Travel is a must and the best. Nevertheless, the best among them all is to spend quality time with family, cousins and close friends. It rejuvenates like no other.
Could you please tell us about how you started your career in law? Who or what inspired you to choose this path, and can you walk us through your journey, including the struggles you faced in the initial days of your career?
My journey into law started with a deep fascination for the legal system. My father wanted me to be a Chartered Accountant, so I chose commerce in high school and enrolled in a B.Com course at Delhi University. However, after just a month, I had a sudden realization that it was “now or never” to follow my true passion. Almost overnight, I moved to Pune to pursue a 5-year law course.
Growing up, I was inspired by my uncle, a renowned lawyer in Assam. His approach to complex situations left a profound impression on me. This, combined with my interest in understanding the intricacies of the law, was all the motivation I needed to pursue a career in law.
I started my career at R. K. Dewan & Co., a law firm known for its expertise in intellectual property law, thanks to a pre-placement offer I had received from them. The initial days were tough—the transition from academic learning to practical application was a steep learning curve. I faced the typical struggles of a novice lawyer: long hours, complex cases, and the pressure to prove myself, all while adjusting to a new city, Mumbai. However, looking back, I’m thankful for these experiences as they helped shape my professional skills and resilience.
You started your career working with R. K. Dewan & Co., and after 1.5 years, you transitioned to Reliance Communications. What motivated your shift from working in a law firm to taking on a role in the corporate sector?
Joining Reliance was a strategic move for me, marking my entry into the corporate sector. I wanted to be more directly involved in business operations and strategy. The opportunity to work within a company, helping to shape its direction and growth from the inside, was incredibly appealing. Honestly, I was excited by the variety of challenges the job would involve.
During my time at RKD, I developed a strong understanding of Intellectual Property laws, which was immensely valuable. However, as I mentioned, I wanted to gain a broader perspective and immerse myself in the business environment. Moving to the corporate sector offered me the chance to see how various legal frameworks operate within the broader context of a business, beyond just IP law.
How do you see the field of business ethics and compliance evolving in the next five to ten years, and what new challenges and opportunities do you anticipate?
In the next five to ten years, the field of business ethics and compliance will be significantly influenced by technological advancements, globalization, and increasing societal expectations.
Technologies such as AI, blockchain, and big data analytics will enhance compliance monitoring and fraud detection but also pose challenges related to data privacy and algorithmic bias. As businesses expand globally, they will need robust compliance frameworks to navigate diverse regulatory landscapes. The growing demand for transparency and sustainable practices will drive more stringent reporting requirements and elevate the importance of environmental, social, and governance (ESG) considerations.
The primary challenges will include integrating ethical considerations into advanced technologies and maintaining compliance across different jurisdictions with evolving regulations. However, businesses that effectively leverage these technologies can achieve cost savings and operational efficiencies. Companies that prioritize ethics and compliance will gain a competitive edge by building strong reputations and fostering trust with stakeholders.
As the Head of Business Ethics Compliance at Mankind Pharma, what are your primary responsibilities and how do they contribute to the organization’s success?
My primary responsibilities at Mankind Pharma include overseeing the implementation of the company’s business ethics compliance program, ensuring adherence to regulatory requirements, and fostering a culture of integrity and accountability. I work closely with various departments to develop and enforce policies that align with the company’s mission of delivering affordable and quality healthcare.
These responsibilities directly contribute to the organization’s success by mitigating legal risks, enhancing the company’s reputation, and building trust with stakeholders.
In high-stress roles like yours, maintaining work-life balance can be challenging. What strategies do you use to maintain this balance effectively? Also what hobbies or passions do you follow to unwind yourself?
It requires a deliberate effort and effective time management. I prioritize tasks based on their urgency and importance, delegate responsibilities when possible, and ensure that I set aside time for self-care and family.
Listening to music is my favourite way to unwind; it helps me relax and recharge. Finding time for hobbies can be challenging in today’s fast-paced world, but I’ve discovered that taking short vacations, spending quality time with friends and family, and carving out small moments for personal gratification are essential.
Based on your extensive experience, what advice would you give to young professionals aspiring to build a career in legal and compliance, particularly in the field of business ethics?
To develop a strong foundation in legal principles and continuously update their knowledge to keep pace with evolving regulations. Integrity is paramount in this field, so always strive to uphold the highest standards of honesty and fairness.
Networking is also crucial. Building relationships with peers, mentors, and industry professionals can provide valuable insights and opportunities for career growth. Additionally, gaining practical experience through internships in compliance-related roles can help you understand the real-world applications of theoretical knowledge.
How important do you think networking is in the field of legal and compliance, and how do you go about building and maintaining your professional network?
Extremely important. It not only helps in staying updated with industry trends and best practices but also provides opportunities for professional growth and collaboration. I actively participate in industry conferences, seminars, and professional associations to connect with peers and experts.
What are some key qualities and skills that you believe are essential for success in the field of business ethics and compliance?
First and foremost, integrity is paramount. They must lead by example. Analytical thinking is another crucial skill. The ability to dissect complex regulations, identify potential risks, and develop effective compliance strategies is essential. This involves a keen eye for detail and the capacity to anticipate and address issues before they escalate. Communication skills are also vital. Whether it’s training employees or reporting to senior management, the ability to clearly and effectively convey information is crucial. This also includes the ability to listen and understand the concerns of various stakeholders. Adaptability is important given the dynamic nature of regulations and the business environment.
Finally, leadership and interpersonal skills are critical. Building a culture of compliance requires influencing and motivating others, often without direct authority. This means fostering strong relationships, earning trust, and inspiring a shared commitment across the organization.
What are some common misconceptions about business ethics and compliance that you have encountered?
The most common misconception is that “Business ethics and compliance are primarily about policing and punishment”. Many people view compliance departments as only enforcers who are there to catch and penalize wrongdoers. Maybe this was even true a decade ago! Not anymore. The true essence of business ethics and compliance is to act as advisors who guide and support the organization in making decisions.
Another misconception is that compliance is solely the responsibility of the compliance department. In reality, business ethics and compliance are the responsibility of every employee, from the top executives to the entry-level staff.
Lastly, some believe that compliance is a static, one-time effort. In truth, it’s an ongoing process that requires continuous improvement and adaptation to new challenges and regulatory changes.
How has your background in law influenced your approach to managing business ethics and compliance?
Significantly. Firstly, it has provided me with a strong foundation in legal principles and regulatory frameworks, which is essential for developing and implementing effective compliance programs.
Moreover, my legal experience so far has honed my analytical and critical thinking skills, enabling me to identify potential risks and develop strategies to mitigate them. Additionally, it has taught me the importance of clear and precise communication. Whether drafting policies, conducting training sessions, etc., the ability to articulate complex legal concepts in an understandable manner is key to fostering a culture of compliance.
Hello everyone. We are here today again with Dr. Swati Garg. We want to introduce her as the best female lawyer, I would say, who has opened her office doors for every student or learner. Because she is that humble that she can accept the realities of life and she can guide you through the whole process with a smile on her face. Welcome, Ma’am. And thank you for accepting our invitation to SuperLawyer.
Absolutely. See, I have a background of more than 15 years of teaching experience. And I tell all my students that look, guys, you’re most, most welcome to my office.
Anytime that you need any support in understanding a matter, filing a matter, or taking it ahead in arguing, feel free, don’t ever think that because you’re a first-generation lawyer, you don’t have an office or staff. I tell them that you have me and you will not believe that my office is the DU adda of the place.
At any point in time, all my students are here. They just drop in and ask for suggestions and request me to review their work and I love it. I mean, I feel that as a senior this is the best you can do for your juniors, right?
I have been extremely lucky, people were very kind to me and I just feel what comes around goes around and I can’t even think of any reason to not help your colleague or your junior because you’ve also reached where you are with someone’s help. You did not just parachute land on whatever position that you hold right now.
And, it is very nice, you know, when you go to the courts and people come and touch your feet and they’re like Guruji and you know, that kind of respect. Once a teacher, always a teacher. That’s why I love so many aspects of this profession. I can’t even imagine doing something else.
I love the fact that there is no retirement age in law because I feel you’re growing every day. And, you know, you’re growing on a day-to-day basis. You’re more aware, and more confident today than you were an hour back. So that is the level of learning that you get in this profession.
When did you decide to become a lawyer? What motivated you? And also through your practice years, when did you decide to become an AOR and how has it helped you become the personality that you are?
As for the question of when I decided to become a lawyer, I didn’t really make the decision myself. Others made it for me. Even back in school, for as long as I can recall, I enjoyed arguing and often took the weaker side. It wasn’t about my personal opinion; rather, it was about embracing the challenge. My teachers would often question why I involved myself in certain debates, but I believed every issue deserved a voice, including mine. As I grew older, my teachers encouraged me, saying, “Swati, you’re destined to be a lawyer with your passion for arguing. Why not turn it into a profession?” So, the path was somewhat predetermined, and I didn’t have to ponder much about it.
I’ve always been intrigued by people’s problems and genuinely enjoy listening to them. Often, just lending an ear can alleviate half their troubles. I consider it one of the most fulfilling aspects of my profession. If not a lawyer, I could have pursued a career in psychology, as I believe a lawyer often serves as a counsellor to their clients.
Regarding the AOR designation, I’ve always been drawn to pro bono work, especially in the Supreme Court. However, I realized that financial constraints could hinder access to justice. Without an in-house AOR or someone willing to take on the case pro bono, filing in the Supreme Court becomes challenging. So, I decided to pursue the AOR exam. Although I didn’t achieve top rankings, I approached it with humility and a desire to contribute.
Certain matters may not be universally appealing, and convincing others to take them on can be necessary. However, I decided to take it upon myself, realizing that instead of wasting time persuading others, it would be more efficient to become an AOR myself. This decision was not driven by compulsion but rather by the realization that it would streamline my work. I am generally adaptable, as long as the work is accomplished.
When such tasks begin to impact your efficiency, taking matters into your own hands becomes a logical step. Becoming an AOR is feasible; many have done it successfully. I believe the only barrier to achieving something is the extent of your desire for it. If you truly desire something, you can attain it. Look at Vicky Kaushal, who married Katrina Kaif—his determination is a testament to this. Ultimately, it all comes down to how much you truly desire something. Desperation often leads to success.
How did you manage to pursue a PhD alongside your busy professional life? How has this academic pursuit contributed to your professional and personal growth? Furthermore, what motivates you to advocate for causes like POSH and combat sexual harassment? How do you sustain this motivation and continue your efforts?
I really don’t know myself. It’s as if the path has been decided already. And I just keep walking. As far as the POSH thing is concerned, this was very close to my heart for a long time. I remember I used to work in the area of domestic violence.
Then it was one of my mentors who suggested that look Swati, you are doing wonderful work in the field of domestic violence. Why don’t you look into this field also? It’s an upcoming field. And at that point, I realized that yes, it is indeed a very important field because the percentage of women in the working sector is increasing by the day.
So definitely this is going to cause problems in the future. It is sheer chance that it did turn out to be a hot topic for debate today. And, because I feel strongly passionate about it, it kind of comes through. As far as teaching is concerned, it is definitely becoming more and more difficult with my schedule, but I tell myself that, look, people are doing it right. And, teaching I feel has aided a lot because it gives you that finesse, you know, you are confronting a class of what 80 to 100 students. And all of them are in Delhi University. They have succeeded in reaching that place.
They have eliminated the competition. So they are difficult minds, to say the least. And you are confronting 80 to 100 brains. You’re trying to teach something to them, which makes sense to them. They are going to be coming up with their own questions. So you’re practically training yourself as to how you need to convince a person, how you need to deal with their questions, and how do you continuously speak for two to three hours without getting tired?
Because see the throw of the voice, the projection of the voice, your body language, whether you feel comfortable speaking to a group, whether you feel comfortable addressing a crowd, all these things cannot be learned overnight. Now I have quite a few TV appearances regularly.
I would say two to three TV appearances a month, sometimes more. There was a time when I used to palpitate, thinking, “Oh my God, this is live TV. What if I end up making mistakes?” Like I said, it’s there for perpetuity; you cannot erase it. If it’s a live program, it will be there forever. And you lay yourself open to so much ridicule, and people can kind of show it to you, saying, “Look, this is what you did. This is what you said.” I used to palpitate before every appearance. And now I’m like, “See, it is what it is. We are humans, prone to making mistakes. How does it matter? I mean, if you’ve given an honest effort and ended up saying something incorrect factually, you can always go back and correct it or apologize. As long as you do not do it deliberately or negligently, I’m sure it can be forgivable because you cannot just stop doing things, fearing that you might do them incorrectly.
You have to start somewhere.” So I think academics have helped me a lot. And as far as I think one of your questions was, how has a PhD helped me? Well, it has. At the point in time when I was doing it, I told myself, “Why am I even doing this unnecessarily?” And then people would come to me and say, “Isn’t your practice going well that now you are studying again and teaching?” You know, that used to be very demoralizing at that time. But then I would say, “Well, maybe they haven’t been fortunate enough to get such opportunities, and that’s why they talk like this, right?” And now when the judges address me as Dr. Jindal, I feel so proud of myself. You know, somehow at some level, you have brought yourself out of a regular crowd. I remember once one of my colleagues pointed out to a person of very humble means who happened to be an advocate. I mean, you could make out. He was somehow just loitering around the court complex.
That person was an AOR who pointed it out to me. He said, “Look, what is the difference between him and you? There is no difference. He’s also an advocate and you are also an advocate. So how is it that you two are different?” I said, “Well, I’m a doctor who is an advocate and he’s probably only an advocate. That is the difference.” So any kind of value addition that you do to yourself. I’m not humbling all the advocates out there. So you have to realize that they’re all LLBs and it is very difficult. It’s a five-year course or a three-year postgraduate course. It’s not an easy task. You have to clear around 30 papers if you’re doing a three-year postgraduate course to become a lawyer. Even if you clear 29 out of 30, you’re still not an advocate. It’s as simple as that.
So any kind of value addition that you do to yourself, whether it is as a doctorate or it is as an AOR, anything that you do, will set you apart from that core group of advocates. And I would say that learning is a permanent procedure, that is why you call a lawyer’s practice, you know. It is not like I am a lawyer. People always say that I’m practicing as a lawyer. I’m practising as an advocate, which shows that you can never really be perfect, even if you die around Jethmalani, you will still be practicing. Nobody’s perfect. And they all say that practice till you are perfect. And in this profession, you can never be perfect. So it is sort of a moment for you to sit and self-reflect and tell yourself today.
I had a meeting in the ministry and, the joint secretary told me, “Well, you know, this is a very complicated matter, madam.” And, it was connected to some environmental matters and how the islands need to be protected from sinking and all that. So he was throwing some technical terms and he said, “Look, this is a very complicated matter and somebody would need to convince the judges.” And I was like, “Okay, we’ll try our level best to convince the judges because we would convince ourselves first.” So he said, “This is what I love about lawyers that they are willing to learn new things every day.” I said, “We just take it like somebody has thrown us in the water and it’s either drowned or you learn how to swim.” So only a lawyer would know the nitty-gritty of, for example, construction or in a medical-legal case, they would know about medical negligence. So they know what can go wrong in a human body. They would also know as to why a wife was tortured in the house. The nitty-gritty of who gets to cook in the morning, who’s cooking in the evening. They would also know some sort of injury that happened to a person during playing, or participating in a sport. So this is one field where, practically everything, you know, as many cases as you have handled, you would know as many issues.
What inspired you to write your books, particularly concerning women’s issues? Could you share the motivation behind addressing these topics and discuss your books?
You’ll find it quite unbelievable. Even I do, for that matter. It’s not like I had a plan that I will write a book someday. Things sort of keep happening to me by chance.
The only good thing I can say about myself is I don’t give up the chances I get. So I’ve been writing for a long time, even way back in school. I used to write a lot, even if only for the school magazines. I used to participate in a lot of debates. So writing was a habit.
I used to love reading and writing. It was never forced. I mean, it was never a chore for me to read and be like, “Oh, now I’ll have to read even this.” Never like that. I’m the sort of person who would also read the labels on a shampoo bottle. You know, if I’m just sitting there with conditioner in my hair, I would be like, “Let me just read the label on this bottle while I’m waiting.” That’s sort of an attitude I have.
So it’ll be difficult for me to pass those two minutes. So I would randomly read available things. So, as I was doing my PhD, I remember one of the publishing houses approached me, asking, “Would you like to write a book on this topic?” And I said, “But I have never written a book before,” you know, that was the level of naivety I had at that time.
He said, “Madam, you’ve been writing so much anyway. You’ll just have to write this book in such a way that whoever reads it can understand this topic better.”
And I told myself, “Well, why not? If they’re ready to print, then how does it matter to me?” I mean, I was amazed that you know, if there are takers for this sort of thing, then why not? So, I sort of went ahead and wrote a book on my PhD thesis at that time. At that moment, because somebody approached me, one of the publishing houses approached me. And, you know, I remember at that time I told myself, “Well, if they don’t have a problem printing it, then why should I have a problem writing it?”
That is the kind of attitude I have. And that is how it all started. That was one book I wrote in totality. And there were a couple of other books that I wrote as co-authors. And then thereafter, I’ve been writing regularly in a lot of legal magazines.
Till last year, I was writing one whole page in a national daily, a daily newspaper. So I had one page that used to come out every Wednesday, which was on law and justice. And now also I write in magazines that are weekly magazines. Then there are fortnightly magazines on social issues, primarily related to law, but once in a blue moon, I would also like to write something on a spiritual footing because I like to believe that I’m a spiritual person.
I mean, some of my friends are going to be laughing their asses off hearing the statement, but very, very deep down inside, I do believe that yes, I am. I like to think that I’m a spiritual person. I’m a very God-fearing person. I believe you will get only what you deserve and nothing less and nothing more.
Could you please share how writing has impacted your career and personal growth? Specifically, we’re interested in learning about any increases in reach, career refinement, and personal development you’ve experienced through writing. Your insights on the importance of writing, whether it’s articles, journals, or books, would be invaluable for our learners.
Let me provide another example. If you have two baskets, and in one basket, there are myriad colors – different colored balls – and you have to sort those balls, pick up some of them, and put them in another basket. How many choices are you making? The first choice is whether you want to do it or not. The second choice is which color you should select first. The third choice is looking for that colored ball, picking it up, and putting it in the other basket. Now, the next choice that confronts you is whether you want to continue this task, having finished one color, or do you want to end it there? You know what I mean? What I’m trying to tell you is that when you take that active conscious decision to separate the balls of different colors, you have to make a conscious effort to select some of them and put them together in such a way that it solves your purpose.
So in your mind, you have millions and millions of words. When you make that active conscious decision to put those words to paper, the first thing you need to decide is what you want to write on. If, let’s say, you want to write on women-related issues, for example, how working women today are being sexually harassed at their workplace and what laws are in their favor? What is it that they can do? If you decide to write on it today, let’s say that you want to write a 1500-word article. To write a 1500-word article, you would need to read thousands and thousands of words. Only then will you be able to select some of those words, and put them down on paper, in such a way that they make sense to the readers.
So when you decide to write, you unconsciously, invariably also end up reading, which is imperative for anybody in this field. For any one article that you write, you probably have to read for a week. And then there will be a time when you decide that all the reading you’ve done over the years will somehow be there in your mind subconsciously. And there will be enough words inside of you that you can take them out and put them on paper whenever you want. This is the importance of writing. I don’t know if I could have put it in a better way.
Do you apply similar planning methods to your POSH trainings? How do you structure and conduct these sessions, and what impact have they had on your practice? Additionally, how can individuals, especially lawyers, become involved in such initiatives?
I’ve encountered various trainings, and I’m always intrigued by different approaches to conducting POSH trainings. I’ve noticed that some can be overly academic, simply relaying the law without adding much value. I believe that for any training session, there should be a meaningful takeaway for both the participants and myself. It’s not just about repeating what the law already states.
Often, I conduct sessions for trainers, such as IC members or officers. Tomorrow, for instance, I’ll be training members of the Airport Authority of India. These individuals are well-versed in the law, so my aim isn’t to reiterate basic legal principles. Instead, I focus on real-life cases and practical scenarios to illustrate how to avoid similar issues in their workplaces.
I emphasize the importance of integrating legal knowledge with practical insights to make the training relevant and engaging. It’s like cooking with spices and vegetables – everyone has the ingredients, but it’s how you combine them that makes the dish enjoyable. Similarly, I aim to blend legal concepts with practical applications to provide meaningful guidance.
Rather than dictating what should be done, I prefer to present options and their potential outcomes. It’s about empowering individuals to make informed decisions and be accountable for their actions. This level of accountability is essential in creating a culture of responsibility.
How do you approach complex legal challenges like those involving the Ministry of Environment, Forest, and Climate Change, which have far-reaching impacts on both the environment and human lives?
The only answer you have is knowledge. So if you’re faced with any challenge, the only aspect of the challenge that scares you is not knowing. If you’re in a dark room at night and the light goes out, you’ll only be scared to go out if you don’t know what lies outside.
Once you have an idea, why do people feel so brave when they have a torch in their hand? Because that torch guides them. It tells them that there’s nothing outside, just the plant that was shaking. So the only thing that gives you power is knowledge. Once you are prepared with the problem, once you know the solution, once you know the way ahead, you can tread ahead with full confidence and that confidence will shine through.
The general perception is that the government is not doing anything, and the judiciary is not doing anything. It’s easy to sit in one place and say that they’re not doing anything. When you go and see the efforts the government is making, there’s no one person called the government. If we litter on the roads, is there a government guy roaming around to pick up the trash and put it back in your car from where you threw it? It has to be a social responsibility which lies on everyone’s shoulders. As far as ministry cases about the environment are concerned, getting panelled in this field opened my eyes and I realized that many steps are being taken by the government, and they’re working day and night. Whatever can be done is being done in this area to make the country more habitable, and more compliant. The only thing that remains is for the public to take their way forward in the same direction and be compliant themselves because ultimately the laws can be made, but compliance has to come from the ground level. So I think the best method to prepare for a case is to read as much as you can. Once you’re aware of the idea, what it is that you have to find out, and what are the laws about that particular matter, you will feel better about it. And you will be in a position to give your own opinion. And from there on, the sky’s the limit.
You are in a profession that demands too much seriousness and how do you relax yourself? How do you find time for your family? How do you unwind yourself?
See, I’ll tell you what, I just like to find little amounts of, I call them my stolen moments. So when you go to the court and you realize that, okay, there is a gap between two matters. I would say a chai samosa is my stolen moment.
I would chat around with my friends and just do small things. It doesn’t matter. I tell you, I would call myself a very cheap date. It’s very easy to please me. I mean, you wouldn’t have to take me to ITC or the Taj. I’m quite happy. It depends on the moment.
I think we all need to kind of appreciate the small pleasures of life and not wait for that big moment to come, and that is when we will be happy. So that is imperative, I would say.
What recommendations would you offer for individuals just starting out in their career journey? Considering your earlier advice on the importance of reading, writing, and academic pursuits, how would you advise them to plan their career trajectory?
See, there is only one thing that I would like to say to all the people who are planning to join this profession. I would just say keep going. That is the only thing that never consider a work or any kind of case to be too small or too petty for you to take up. It’s better than sitting idle, right? So don’t wait for that big case to come to you, which will enable you to create a name for yourself. And you will take only a big case because no case is small, the smallest of cases would teach you something. If nothing else then commitment. At least you will end up going to the court. So your visibility in the court matters and visibility does not mean chai samosa. Okay. You’re not just going there to have tea and eat samosa. You’re going there to appear before the court. So any kind of work that you get initially, basically, I would say beggars are not choosers.
When you start in the profession, you are a person who’s begging for work and how does it matter? Go ahead and beg. We are not supposed to solicit work, but if any work comes our way, as long as your expenses are taken care of, forget about your professional fee, because at the end of the day, are you actually contributing professionally to that matter? It’ll be years before, you know, you deserve the consultation fee that you get.
Are you even making sense suggesting people pay for it? To become the person others would pay for wisdom, you must have enough words at your disposal. Until then, doing matters for free hardly matters. I recall times when I spent from my own pocket, a practice I still maintain for matters I deem worthy of legal attention. This is why it’s called a noble profession — only nobility can afford to work without pay. Monetary rewards often come late, leaving little time to enjoy them personally; they become the legacy enjoyed by family, children, or the office. When money does arrive, there’s scarcely time to appreciate it. Needs are minimal for a lawyer: books, a Wi-Fi connection, good shoes, and clean clothes suffice. Peace and quiet become prized commodities for focused work. By then, the enjoyment of work surpasses the desire for money; holidays become a puzzle of what to do with free time. Workaholism becomes a natural byproduct of being a lawyer; creating work is instinctual when idle.
Can you share with us the story of what initially drew you to pursue a career in law, and what motivated you to specialize in criminal, civil, and arbitration disputes?
I did my graduation in English (H) and then wanted to pursue either CA or Law. Ultimately, I was more inclined towards law as the pursuit for justice and a desire to make a positive impact on society is something which can only be achieved in this profession. During the 2nd year of my LLB, I realised that litigation is my calling as I was fascinated with the dynamics of the criminal justice system. Later, during my initial training period, I was fortunate enough to have worked under the guidance of Mr. Ramesh Gupta (Senior Advocate) and those initial years of running around in the corridors of Patiala House Court is what further motivated me to pursue litigation as I was a witness to the countless lives which were touched by my senior daily. The relief on the faces of the clients and their gratitude towards the assistance provided to them by their counsel is what makes it all worthwhile at the end of the day. With passage of time, I ventured into civil and matrimonial matters and then from 2015 onwards Arbitrations as a field started gaining pace in India and a natural progression for me was to start delving into this new field.
As you are aware litigation (specifically criminal and civil litigation) is tough and the initial gestation period is around 5-6 years for any lawyer to start earning a respectable fee. However, if you have the grit and determination to sustain these initial years, then this profession gives you the maximum satisfaction of being a beacon of hope for so many individuals. Additionally, you are constantly learning something new every single day and the learning experience itself keeps you invigorated and makes you a better person and a better professional. This satisfaction of making a difference in someone else’s life by performing my professional duties to the best of my abilities is what motivated me to pursue litigation, and this is my guiding light even today after almost 16 years of being in the profession.
Reflecting on your extensive experience, can you tell us about a particularly challenging case you handled, and what you learned from it?
Well, there have been many memorable and challenging cases which I have dealt with but the one which stands out as being the most challenging of them all would be a CBI case in which allegations of forgery and bribery were levelled against the clients who were builders. The basic allegation was that land acquisition was done based on forged and fabricated sale deeds with the help of officials from tehsildar office. After going through the entire documentary evidence and the purported forged and fabricated sale deeds I managed to identify that the allegation of forgery was prior in time to when my clients had entered into the picture and their sale deeds were based on the previous chain by another person who was not even made an accused in the case whereas the allegations of forgery were of that period. Based on this glaring discrepancy which was highlighted before the Ld. Judge, ultimately my clients were acquitted because of this major flaw in the case put forth by the prosecution. The matter involved meticulous investigation into a lot of documents filed along with the chargesheet and it was all worthwhile in the end. This case taught me to be absolutely thorough with the reading of case documents since a simple date on a document could be the difference between a win or a loss for the client.
You’ve represented clients before some of the highest courts in India, including the Supreme Court and the Delhi High Court. How do you prepare for such high-stakes cases, and what does a typical day look like when you’re gearing up for a major court appearance?
Well, for any litigation lawyer a typical day starts at around 7.30-8am in the morning when you start preparing for your court hearing and post court timings it is usually conferences and meetings till later in the evening. Then by the end of the day you are preparing for the cases which are listed on the next day so to sum it up you are working round the clock as a litigation lawyer and that’s what a typical day looks like for me as well. This pressure has only increased since my foray into a firm as now I am also responsible for the work which my entire team is doing, and I must keep them motivated as well to put in their best efforts in all the tasks which are assigned to them.
There are a few days of temporary respite when there is a long weekend coming up but then that also must be utilised for the purpose of business development meetings. When a high stakes matter is involved then obviously your focus shifts completely for the preparation of that case and rest of the things take a backseat. The team working under me also prioritises on preparation of important matters whenever the need arises, and rest of the work is reallocated accordingly.
Your profile mentions your involvement in both substantive and procedural law. Can you explain how you balance these two aspects in your practice and why both are crucial for successful legal representation?
From my experience I can confidently state that procedural law should be the focus for any fresh graduate who wants to pursue litigation. The learnings from your formative years into the professional when you are either interning or working under a senior, are what will decide on how professionally sound you will be in the future. Substantive law can only provide you with broad guidelines in which you have to move but procedural law is what will determine how you will be able to succeed in a particular case.
I was fortunate enough to have worked under seniors who were doing extremely good trial court work and training under their guidance helped me in honing my procedural law skills. For any litigation aspirant practical knowledge of court craft including the art of cross examination of witnesses is the most important aspect of his learning and growth. Once you are confident in the procedural aspects, you automatically gain a better understanding of the substantive aspect of law as then reading through the relevant provisions of any act or rules becomes easier for you. Based on the knowledge and advice imparted to me by my seniors, I had also focused on the procedural and practical aspects of court craft during the formative years of my practice and that is what has helped in becoming a better professional. I keep myself abreast with any new developments in law by reading recent judgments of higher courts, books and commentaries of different fields of law and online articles on topics relating to my field of work. Reading is something which is imperative for any legal professional and that helps you in maintaining the balance between substantive law and procedural law.
Public speaking and interaction management with strategic clients and senior counsels are highlighted as your skills. How have these skills contributed to your success in the legal field?
From my law college days, I used to participate in moot court competitions which helped me in getting over stage fright since I had always been an introvert during my school days. I think doing my graduation in English language also helped me in becoming more confident while interacting in public. Client interaction is something which you get better at with experience and the same holds true for me as well. With time I got better at understanding the needs and requirements of clients since no two clients are the same and you must deal with each client accordingly. Being a good listener is an important skill in any lawyer’s repertoire as clients want a personalised experience where they feel comfortable discussing all their doubts and apprehensions with their lawyer. Ethics and integrity are two other aspects which are non-negotiable in my practice, and I believe that has helped me in retaining many of my clients as clients also appreciate honesty and sound advice from their lawyer.
I have briefed many seniors during my career and share an extremely cordial and respectful relationship with them. Briefing seniors is an important learning experience as watching them deal with a matter through their own vast experience gives you fresh insight and perspective on how to deal with a particular issue or case.
You’ve worked on cases involving the Indian Penal Code, Civil Procedure Code, and numerous other acts. Which legal area do you find the most complex and why?
All cases are challenging but for me particularly civil matters are more technical in nature and require thorough understanding of the Code and mere procedural defects can lead to unwarranted outcomes. Other than civil matters, cases involving IBC and SFIO are also technical in nature, and these are evolving fields, so they also offer some challenge and excitement due to complexities involved in interpretation of the statute and relevant rules. But to be honest, complexity is what keeps you on your toes and makes you a better professional as the need to learn and evolve constantly is permanent in this profession.
In your current role as Partner (Litigation) at AKS Partners, what are some of the significant trends or changes in arbitration and litigation that you’ve observed, and how do you see the field evolving in the next few years?
This is my first stint in a law firm so transitioning from an independent practitioner to a partner has been an interesting experience. I am thankful to my Managing Partner Mr. Sonal Kumar Singh for reposing his faith in me and for his constant help and guidance. This has been an extremely important learning curve in my professional journey.
Now to answer your specific question, commercial suits and arbitration have taken precedence over traditional civil litigation since they offer quicker resolution for commercial clients. With the recent amendments in both Commercial Courts Act and Arbitration & Conciliation Act, the lawmakers of the Country have tried to resolve some of the procedural aspects which were causing delays in the trial thereby making the process faster and more efficient.
One of the main reasons for me to join the firm was to gain more relevant experience in International Commercial Arbitration for myself and to enhance the ‘white collar crime’ practice of the firm. AKS Partners is renowned for its expansive arbitration practice and in recent years Government is also focusing on making India a major hub for conducting International Arbitrations. I see a tectonic shift in the Arbitration landscape of the Country in the near future with establishment of major Arbitration Centres like Delhi International Arbitration Centre as well as establishment of Arbitration Bar of India.
Finally, what advice would you give to fresh law graduates who are just starting their careers and aspiring to achieve success in the diverse areas of law that you have mastered?
Try to do as many internships as possible in order to gain experience in all fields of law whether it is corporate or litigation as that will help you in deciding which field attracts you the most. Clarity on this aspect is crucial for your growth as your initial years of training will determine your future in your chosen field of law.
If litigation is your chosen path, then be patient during the initial years. Don’t chase money but try to gain as much experience as you can during your initial years into the profession. Try gaining maximum exposure in trial courts for at least 3-4 years as that is where you will learn the procedural aspects of litigation including the art of cross examination of witnesses which I believe is imperative for any litigation lawyer. To all young professionals my most important advice will be to be thorough with the Evidence Act as that is the bread and butter for any litigation lawyer.
Finally, don’t be afraid of making mistakes as they will be your greatest teachers in your professional journey. Be faithful to your craft and never compromise on your ethics and professionalism.
As a first-generation lawyer, what motivated you to choose law as your career path? Were there any particular mentors or figures who played a significant role in guiding and supporting you on your journey to success?
When I was in School, particularly in Std. VI, we were taught about three pillars of Democracy. Thus from there I had an idea that when someone has the Law degree, then only he can touch all the three pillars like, Executive, Judiciary and Legislative.
Secondly I had an opportunity to interact with Hon’ble Justice Rangnath Mishra, The Former Chief Justice of India and Member of Rajya-Sabha. He had visited our School namely Sri. Aurobindo School of New Thought, at Cuttack as the Chief Guest. That time he was the Member of Rajya Sabha. I had the honour of receiving the Best Student of the School award from him and hence could share a few minutes with him in the office of the Principal. Seeing his profile I felt that I would definitely study Law.
Then when I completed my +2 Science, I joined 5-years B.A. LL.B (H) Course in Madhusudan Law College (Now Madhusudan Law University) as I used to read about said Institution in News Paper. Of course I was / am also impacted with the Life of the Great Hero of Odisha Late Madhu Sudan Das, popularly known as Utkal Gaurav Madhu barrister.
To answer the second part of the question, I humbly believe that I am yet to achieve Success. It is because, I think Success is the journey and not the destination. Every day I feel that a lot to be done and people who we idolise also have the same hour of work maximum up to 24 hours a day but they are doing so much. So I always wonder about learning and I humbly think that continuous learning is the only option we have.
It is also a fact that many seniors and teachers have contributed to my professional career to have been shaped. I am always obliged for their contribution.
Considering your extensive experience and successful practice in various courts, did you ever contemplate joining a law firm, or was independent practice always your preferred path? If so, what factors influenced your decision to pursue an independent practice from the outset of your career?
Honestly I have never thought of joining a Law Firm or for that matter having my practice in such a design. There is no specific reason as such.
Maybe in the state of Odisha there is no such environment or such style of practice. We may not find many Law Firms in Odisha.
If I think a little more I would like to state that, I had the humble opportunity to have been engaged by a few Law Firms in some cases in Odisha. Then I had developed a good rapport with the firms so probably could not think of joining a firm for my practice.
To the second part of the question, My Senior Mr. Aswini Kumar Mishra was always stating that the day you join the bar, you should always feel like an independent practitioner and develop yourself like that. That gives you a sense of responsibility and you become more and more responsible. Thus I have always been inclined towards Independent Practice.
My idea of Independent Practice is not just having an Independent Office, Independent practice starts from the point when start doing a case or dealing with a client independently winning his confidence till the end of the litigation. That can also be done when you are working with a senior.
You have authored and published a law book and are working on several other compilations. What drives you to write, and how do you think your publications contribute to the legal field?
I humbly believe that the Law Students, Lawyers and each one of us are like a ship in the ocean of Legal profession. In order to reach the destination or the port, the ship requires a strong radar. The more effective the radar, it will be easier to reach at the destination.
Therefore writing articles, research papers, books, compilations are like a radar for the individual professional or student. You stand out and make a different identity for yourself in the fraternity.
Secondly it is also helpful for legal research and helping people learn the Law.
For example many judges are known and remembered for their books may not be for the judgements. Many exceptional lawyers who are stalwarts in Law are remembered for their erudite books not just for the arguments advanced in the courtRoom.
Lastly, writing and researching keeps growing and we never feel complacent.
More than eight of your juniors are now in independent practice. What do you think are the key qualities or skills that you have imparted to them that have contributed to their success?
स तु दीर्घकालनैरन्तर्यसत्कारासेवितो दृढभूमि :
sa tu dīrgha kāla nairantarya satkārā ‘‘sevito dṛḍhabhūmiḥ
This is the famous sutra from Paranjalai Yoga Sutra which defines “PRACTICE”.
It says
“ sa tu dīrgha kāla” Which means For a Longer Period
“Nairantarya” which means Without any break/interruption
“satkārā ‘‘sevito” which means With Honour and Respect.
Further Honour and respect means – Giving 100% in what you do at a given point of time.
That is Practice.
What we all try to do is to continuously be in the learning process, without any break and with honour and respect.
On the other hand I always tell my associates that People come to Lawyers and Doctors when they are in trouble.
So we need to be careful and empathetic towards their problems. For some persons, Magistrate’s Court or The District Courts are the last hope. They do not know the High Court or Supreme Court. They cannot afford to reach also.(Although we have Legal Aid)
So we need to be extra cautious in our professional work and try to be honest and deliver the service .
Lastly My associates are trained with a particular line which is “We will not say what sounds good, we will tell what is Good and more particularly what is good for the Client and his case”.
This helps us in winning the confidence of clients. They remain with us for all time to come.
One more thing we always try to do is SWOT analysis. i.e. Strength, Weakness, Opportunities and Threats. (I believe there is no Threats.It can be replaced with “Challenges”).
You conduct “Pro Bono” cases. Can you discuss the importance of pro bono work in the legal profession and share any memorable experiences from your pro bono cases?
Pro bono cases are like repaying the unseen debt that we have received from the society. When we were studying Law or any other course in school or colleges, the amount of financials/money involved and spent by the institutions are much higher than that of the fees we paid to the said institution. Therefore the extra amount which the institution has spent for us is taken from the society. Hence when we start earning from the formal education received from that educational institution it becomes our obligation to put our efforts to repay the debt that we have received from the society by doing some good work. And pro bono cases can be one of these small steps towards the repayment of unseen debt.
On the other hand receiving remuneration from the cases is like “LAXMI”. When people receive money by false promise and illegal manner that is like “AA-LAXMI”. When professional help the needy people honestly and receive blessings as may be little amount that is like “MAHA-LAXMI”
LAXMI- Comes and Goes, it’s the Most Dynamic.
AA-LAXMI- Come in abundance and definitely will go making everything Empty or will Attract negativity.
MAHA-LAXMI- may come slowly but will always remain with you and it will grow not just in terms of Money and objects but also in terms of good will as well as blessings.
Reflecting on your legal career, what have been some of the biggest challenges you’ve faced, and how have you overcome them? Additionally, could you share your future goals and aspirations for your legal practice and your contributions to the legal community?
The biggest challenge has been the resources such as the library and recognition in the bar as a good lawyer. When you argue well then automatically people assume that you must be the second generation lawyer and the son/daughter of some senior advocate or judge. Secondly, when you compare your counterparts, your friends from school and colleges who are working in other sectors and also in law forms, the remuneration that they receive is much higher than what you get in litigation. In a middle class family that too when you have nobody in the profession there is a constant pressure for joining services like judiciary, law clerk or teaching. Of course teaching was my second preference and I have been teaching till date also. But primarily I would say there has been no such big challenge but the challenges are the opportunities to learn to make yourself a better person and a better professional.
As far as overcoming the challenges are concerned the only thing which I strongly believe that helps is continuous learning, dedicated work, ignoring the negative thoughts and ideas as well as negative factors of course by recognising it properly.
It is said “Jag Mein jiye to kaise jiye… jaise JAL Mein Kamal ka phool khile”
It means like a Lotus that blooms in water, but its roots are in mud. When you take it out, it is unaffected by the water or by the mud.
Thus I strongly feel that we should not be affected by the difficult times and negativity. Rather we should be focusing on the work.
We’ve heard that your office warmly welcomes students for learning opportunities. Could you tell us more about your internship program? How can students connect with you for internships, and what specific skills or qualities do you look for when considering interns for opportunities in your office?
As I said in the above question, internship programs are like fixing your ladder and finding out the place where you can think of a career in your future. Students should be open in learning from various organisations not just the legal aspect but also the functional and organizational structure of the institutions where they are Interning.
I remember when I was in law College, at that time we noticed that there were neither internships programmes nor any organization used to allow law students to join as an intern in their organization.
I along with one of my friends had to work hard and by requesting the then chairperson of Human Rights Commission, Women Commission, and other organizations like NABARD, companies like NALCO, we introduced internships program in their work schedule.
Now we see that the students are highly benefited with such internships programs in those organizations.
In so far as working as an intern in our office is concerned the only criteria that we look for is the interest of the student. If somebody is interested and has an honest urge to learn, we would love to make him or her a part of our office.
One thing I always tell that once somebody is interning with us, we make sure that he or she becomes a part of our family and we would always stand for the student and the student should feel that he himself is a part of the team so that he would never feel that he has nobody to guide or no scope to learn or he has just worked for a month or two only for a certificate.
Managing a diverse legal practice, teaching, and engaging in spiritual activities must be demanding. How do you maintain a balance between your professional and personal life?
As I have mentioned above that everyone has 24 hours, accordingly we need to schedule and balance our work. Legal practice is the profession, teaching is the passion and spiritual activity is a way of life which does not require a specific time; rather it is an inherent, unseen as well as coexisting factor which remains always with you in whatever and whichever position you are. I believe everyone is connected to spirituality somewhere or the other. Therefore for spiritual practice no specific time is required or you need not think that it is going to take a lot of time from the day to day activities.
You’ve mentioned your interest in researching Indian Knowledge Systems. Could you share with us how you integrate insights from Indian Knowledge Systems into your legal practice, and how does this unique perspective enhance your approach to legal issues?
I have participated in a course conducted by Sri Sri University, Cuttack, designed by Prof. Dr. Richa Chopra, working in IIT Kharagpur, namely “Human Development and Psychology Vedic and Modern Perspective”. The said course is like a bouquet of knowledge and helps in introspecting and knowing the impact and impressions on human life of various factors such as art, science, music, astrology, mathematics, chemistry, ayurveda, embryology, social life, family life etc. The course helps in knowing “why I am the way I am”. From there I could gather that there is a lot to be learnt beyond the parameters of the syllabus.
Further reading of various texts and more particularly after introduction of National Education Policy, I believe that every subject which we study in the institution as a part of the syllabus is connected to the Indian knowledge system and has its source from the Indian knowledge system.
If we study that and try to connect with the same, then it might not be so helpful in academics but it will definitely enlarge the ideas thoughts as well as define the views on that particular subject.
Directly a professional may not get some tangible benefits from the study of the Indian knowledge system but I believe that in a long run it would be definitely beneficial.
