Author: SuperLawyerTeam

  • “In today’s world, with increasing globalization and the opening up of the “legal market” with the proliferation of international arbitration, we also need to be proactive about adopting best practices from other practitioners and jurisdictions”- Zafar Khurshid, Senior Partner/IP Chair, TKC Partners LLP

    “In today’s world, with increasing globalization and the opening up of the “legal market” with the proliferation of international arbitration, we also need to be proactive about adopting best practices from other practitioners and jurisdictions”- Zafar Khurshid, Senior Partner/IP Chair, TKC Partners LLP

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you walk us through your journey from being a law student to becoming a founding partner at TKC Partners LLP? What pivotal moments or experiences shaped your career trajectory?

    I would say my journey toward becoming who I am today began even before law school. As an Undergraduate at St. Stephen’s College I had the opportunity to explore not only where my interests lay academically, but also to begin to explore who I was, and who I wanted to become, as a person. I wasn’t always certain about pursuing law, at the time I was quite keen on exploring the dramatic arts. By my third year I was more set on my path towards the law. Reading History helped inform that decision. 

    That was followed by three years at CLC, Faculty of Law. I was not the most academically gifted student, nor, to be candid, the most hard-working. When I first joined I was not certain whether I was pursuing law because of the expectations of family, or because it was right for me. But I found myself drawn to certain courses, particularly Jurisprudence and Intellectual Property Law, which reinforced my decision to pursue law as a career. 

    After LL.B. I joined the Office of Mr. Gourab Banerji, Senior Advocate, who was Additional Solicitor General in the Supreme Court at the time. They say you never forget your first boss – and I certainly couldn’t. Mr. Banerji provided a nurturing and professional environment for a young legal professional to learn the ropes, and to make mistakes without fear or judgment. Many of the habits I try to inculcate in my Office even today I imbibed from my boss and my colleagues in that Chamber.

    While practicing in the Courts in India has a thrill that cannot be matched, I had already begun thinking about pursuing higher studies in England. The drive had been fuelled over the years by visits to my family in the UK, and my father’s stories of his time at Oxford. The University of Oxford was my first choice. Having marginally missed a First Division I didn’t make it through. But sometimes life finds a way to give you what you need, even if it isn’t what you think you want. I joined Queen Mary, University of London for the LL.M. in Intellectual Property Law. That definitive year studying in the heart of London provided some of the most pivotal moments in my journey. Far from the nest, and challenged to break free from the shackles of rote learning, I got the opportunity to truly develop a zeal for the study of law, a joy for learning and analytical reasoning, and to dive deep into the study of Intellectual Property Law. Truly enjoying what I was learning pushed me to strive like never before, which happily culminated in graduating with Distinctions in each of my Courses. QMUL enlivened my passion for the law, and gave me some of my most endearing and enduring friendships. I can truly say that if not for that year, I would not find myself where I am today.

    After my academic success at QMUL I was accepted into Oxford, which fulfilled a burning desire I had held in my heart for a quarter of my lifetime. I spent two years at St. Edmund Hall, University of Oxford pursuing the BCL and then the M. Phil in Law. Oxford helped me take my abilities and my ardour for academia to new levels. I had the opportunity to study under and with some of the sharpest intellectual minds I ever had the privilege of interacting with, both inside and outside of the legal realm. Though I probably did struggle with “imposter syndrome” at first, being intimidated intellectually pushed me to challenge and better myself. I was privileged to have this opportunity, and I did my best to take the fullest advantage of it. I was scared, I was excited – I had worked hard to get there and I hope it’s okay to admit that, despite all my anxieties, I was proud of myself. Reaching Oxford helped me believe in my capabilities and shape the confidence that I feel one needs to push oneself to the next level professionally. Not only did I meet my best friend at Teddy Hall, but I found the freedom and space to strive towards becoming my best self.

    After returning from England, it was an adjustment being back in litigation in Delhi. The Oxford bubble had popped, and I had to find a way to transfer the skills developed during my time in academia to my professional pursuits. Despite offers and advice pushing me in other directions, I relished the chance to work under my father Mr. Salman Khurshid, Senior Advocate. His practice was varied, his grasp of the law disparate, and his academic bent familiar. Many days were spent having intellectual debates over lunch with all his juniors in the Office, and countless hours running from forum to forum – calling for familiarity with everything from Constitutional and Administrative Law to Competition and Anti-Trust. Exposure to so many different fields developed my general appreciation and grasp of law and, despite my specialisations, convinced me of the value of being a generalist – A jack of trades, master of none – but better than just the master of one.

    After a few years the opportunity presented itself to join with dear friends and colleagues to set up our own firm – TKC Partners. Once again I found myself anxious, doubting myself and my potential – but the time had come to take the skills and abilities developed over the last decade and to push myself to the next step. 

    Pivotal moments in life rarely present themselves as such when they are before us. For most of us, in life the key moments are often gradual or imperceptible until we’re much further down our path. I think every step has culminated to bring me where I am today. While some may feel more definitive, none would be the same without those that have come before.

    You’ve had significant experience in both litigation and arbitration, particularly in high-stakes cases before various forums, including the Supreme Court of India. What draws you to these areas of law, and how do you navigate the complexities they present?

    From the very beginning I knew that I was more drawn to the Courtroom than the Boardroom. While Corporate Law offered more stability and remuneration, and many of my friends went in that direction, I knew my first love was litigation. Perhaps it is, as my friends and family often insist – that I am a born lawyer – eager to argue with anyone and everyone, about anything. Or perhaps it is as my father once told me when I had more whimsical fancies of being a stage actor – that litigation and theatre have many correlating and overlapping skills – oration, diction, the ability to command a room and capture the attention of your audience.

    While litigation in India certainly has its share of drama, I think along with being an inherent performer, what draws me to dispute resolution is the thrill of argument, and the excitement and pace of litigation in India (though sometimes there is more excitement than necessary). Once I joined the profession I also had the opportunity to explore arbitration, and see many of the advantages it offers over litigation in an often over-burdened system.

    Each area of law has its own thrills and its own obstacles. Navigating the complexities is often just about weathering the storm of backlog, managing the expectations of clients unfamiliar with the system, pushing your colleagues and contemporaries to help improve the system rather than take advantage of its shortcomings, and most importantly – patience. And in today’s world, with increasing globalization and the opening up of the “legal market” with the proliferation of international arbitration, we also need to be proactive about adopting best practices from other practitioners and jurisdictions.

    As someone who has been deeply involved in intellectual property rights (IPR) practice, could you share some insights into the evolving landscape of IPR enforcement, both domestically and internationally? What are some of the key challenges you’ve encountered in this field?

    Intellectual Property is an ever-evolving discipline. While its foundational concepts may not change, its application can rapidly adapt and develop in the face of technological advances, globalisation, the clash between the interests of developed countries and the needs of developing nations, and several other such factors. One of the most important developments however, especially for growing markets such as India, is cross-border recognition and enforcement, both for international brands that bring investment and economic growth into India, as well as for home-grown brands that have found an international market.

    India has made great strides when it comes to the awareness, proliferation, recognition, and protection of IP rights. But we cannot rest on our laurels. Our infrastructure needs to catch up with the pace and requirements of market demands; we need to be proactive about facing the challenges of IP enforcement in the digital age; the level of expertise required from offices and the judiciary is not uniform across the country; and we need to ensure that a robust IP system does not create a space for IP bullying or takeover by larger vested interests against the freedom of creation and innovation.

    Your time as a Research Assistant and then co-Author for your Chapter in the publication by the Office for the Harmonisation of the Internal Market (OHIM) involved studying the enforcement of intellectual property rights in the European Union. How has this experience influenced your approach to handling IPR matters in your legal practice?

    The opportunity to co-Author a Chapter in European Case Law on Infringements of Intellectual Property Rights (Bruylant, 2016), published by OHIM (now known as the EUIPO) was an exciting opportunity to delve deep into a specific issue from an unfamiliar perspective. It helped acquaint me with some of the potential conflicts and challenges that proprietors and practitioners can face when it comes to the cross-border enforcement of IP rights.

    It also helped me truly appreciate the impact and importance of Intellectual Property Law in commerce. Now known by a more appropriate name, the EU Intellectual Property Office used to be the Office of the Harmonisation of the Internal Market – which started with the remit to administer the new EU-wide unitary property right, the EU Trade Mark. Through the application and enforcement of various EU Directives, this Office played a vital role in breaking down several trade barriers in IP, showing how IP plays a pivotal role in creating, facilitating, and influencing cross-border trade and growth of mutual economies.

    I think the experience has helped me develop a foundational expertise with the issues associated with such enforcement, which aids me in advising clients with multi-national offices or businesses, and also helps with a key aspect of IP advisory – litigation management and avoidance.

    In addition to your legal practice, you’ve been actively involved in academia, including co-interviewing undergraduate law candidates at the University of Oxford. How do you balance your legal career with academic engagements, and what value do you see in contributing to legal education?

    During my time at Oxford I was primarily dedicated to purely academic pursuits. But I also had the opportunity to carry on some of my practice, in an advisory capacity. The opportunity to co-interview undergraduate students, along with Professor Aileen Kavanagh, was interesting. It was funny to be on the other side of the table just a year after getting into Oxford myself – to try and gauge and appraise these young candidates and to make recommendations on whether they should be offered a place. This was perhaps the first time I felt the weight and gravity of the influence we in the profession can have on the future of the next generation of legal practitioners, jurists, and policy makers.

    After re-joining the profession back in India I have attempted to make time to make myself available for similar opportunities through symposiums, lecture series, podcasts, etc. But balance is always the greatest challenge in the legal profession. I’ve not been able to make the time to take on more formal and structured academic roles, despite being approached a few times, as I’ve felt that I needed to provide more time to my role in growing my Firm. But it is always on my agenda to find ways to reach law students and young professionals when suitable opportunities present themselves – the worlds of academia and practice cannot be divorced from each other – this is a loss to both. I think it’s important that law students have the opportunity to know the realities of the legal profession, and to explore the profession before making the heavy commitments that it demands – this is only possible through access to practitioners who can help them gain a better understanding of law beyond their textbooks. The value in this is elementary – better, more well-rounded students will lead to a better, well-rounded legal profession.

    Your publication on ‘State-State Arbitration and its Role in Entrenching the Rule of Law in the International Legal Community’ explores a crucial aspect of international arbitration. Could you elaborate on the significance of this topic and its implications for the legal profession globally?

    First let me say what an honour it was to be given the opportunity by the PCA to co-author a Chapter in International Arbitration and the Rule of Law. It was such a privilege to be part of the PCA’s recognition of the work and contributions of the eminent and unmatched jurist and legal luminary – Mr. Fali S. Nariman – who sadly is no longer with us.

    This piece, as indeed much of the collection, focussed on various aspects and examples of international arbitration and inter-state arbitration, and how they have influenced the development and entrenchment of the Rule of Law, a traditionally domestic principle, in the realm of international law – which is traditionally driven by the concepts of sovereignty and State autonomy.

    Our article focussed on the role of interstate arbitration in promoting the rule of law, focussing on two significant PCA arbitrations – the Bay of Bengal Maritime Boundary Arbitration (between India and Bangladesh) and the South China Sea Arbitration (between China and the Philippines). An examination of cases such as these highlights several challenges that practitioners in the field of international law and international arbitration must contend with – the Rule of Law remains a somewhat contested concept in the international context, though there is a greater uniformity to the dimensions of the principles under domestic law. The nature of the disputes under these cases, and the stands taken by the Nation-States – both during and in the aftermath of these cases – highlights the challenges to international law, and the continuous necessity of the willing participation of States in maintaining its principles. Some of the lessons from the comparative analysis of these cases are particularly relevant for India today.

    Collaboration seems to be a recurring theme in your career, from assisting Senior Advocates to co-authoring publications. How do you approach collaboration within the legal field, and how has it contributed to your professional growth?

    ‘If you want to go fast, go alone; if you want to go far, go together’. This traditional African proverb quite succinctly exemplifies my outlook towards law and the legal profession. In a fast-paced and often aggressive landscape, legal practitioners become hard-wired for competition – treating their practice as a zero-sum game. This can cultivate unproductive outlooks that can harm the system long-term.

    I believe some of my greatest successes have come, not from side-lining or “defeating” competitors, but from finding opportunities to collaborate and cooperate. But often this is easier said than done. Collaboration requires trust, and as they say – once bitten, twice shy. Maintaining a collaborative attitude can be difficult, especially in the face of emulous elements. But patience, belief, and a little luck, can help one find genuine contemporaries to work and grow with.

    This also informs the manner in which I aim to guide and advise Clients, encouraging them to look at conciliatory approaches, focussing on larger interests and benefits. Though Clients ca be similarly motivated/programmed – to see conciliation as a mark of timidness and weakness – but I have found that many stay with us because we show them that our approach focusses on their best interests, and often bears results in otherwise quagmired situations.

    Finally, considering your diverse experiences and accomplishments, what advice would you offer to aspiring law graduates who are about to embark on their legal careers? What key principles or strategies should they keep in mind as they navigate the legal profession?

    There may honestly be no end to the advice someone could dole out to aspiring graduates poised on the brink of starting their journeys in the profession. There is just so much to learn and experience. Some of it you may have guides and mentors that can prepare you, some you will just learn the hard way.

    One thing I would emphasise is that law is a life-long pursuit of knowledge. You must constantly be open to learning and growing. Your early years are the best time to chase diverse and varied experiences – don’t hem yourself in early – there is plenty of time in life to “specialise”. One must also focus on foundational concepts, and don’t be afraid to grow slowly – chasing the “30 under 30” label can often lead to shortcuts or missed opportunities that could be hard to make up later. You must look inwards to define your image of success, don’t chase someone else’s.

    You shape the system as much as it shapes you. It may be difficult, but always strive to better yourself, and those around you, and be slow to frustration. Surround yourself with people who push you to expand and grow. Take the best habits from your mentors, ignore the worst. You will have many unwelcome experiences, learn from them but don’t let them define you.

    Get in touch with Zafar Khurshid-

  • “Each firm I worked at contributed in a significant way to my growth and development as a lawyer”- Anantha Krishnan, Partner at IndusLaw

    “Each firm I worked at contributed in a significant way to my growth and development as a lawyer”- Anantha Krishnan, Partner at IndusLaw

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you walk us through your journey from studying law at Dr. Ram Manohar Lohiya National Law University to becoming a Partner at IndusLaw in Bangalore? What inspired you to pursue a career in law, especially focusing on corporate and commercial matters?

    I did my schooling in Chennai, loved writing, public speaking and was enthusiastic about problem solving. Around the time I was contemplating my career choice, the national law schools in India had decided to come together to conduct the common law proficiency test (CLAT), which looked like a good opportunity to explore. 

    Studying law at RMLNLU, Lucknow was a beautiful experience. I had a plethora of opportunities at my disposal, ranging from moot courts, parliamentary debates, MUNs to paper publications/presentations. Having said that, while law schools have a well thought out curriculum and they do help initiate efforts on building skills, they don’t prepare you for the fine print of any practice area and only just about scratch the surface in terms of concepts. This results in a significant void between theory and practice. To make up for practical knowledge and exposure, I spent each of my vacations doing internships, largely in the cities of Chennai and Mumbai. Mid-way through law school, I started interning with law firms, dabbling across practice areas such as litigation, project finance, intellectual property and corporate/commercial matters. I was still however looking for a specific practice area of interest, though I had developed a focused interest towards contract law and by then, corporate laws had been introduced as a subject. Around this time, an opportunity came by to participate in a national corporate law moot court competition, and we ended up winning it. What I loved about that experience was how interesting, vast and ever-evolving corporate and commercial laws were. I thoroughly enjoyed researching, drafting, preparing arguments and advocating them for that problem statement. It gave me direction that this is something I could really immerse myself in. I shifted my focus thereafter to internships solely in corporate law practice.

    From there on, it has been a voyage of dedicated and diligent learning across firms I’ve been a part of. Being a first generation lawyer, a lot of effort went into building my principles, knowledge and processes with focus on what I wanted to be and stand for as a professional. The initial years in practice went into establishing my fundamentals and processes which enabled me to deliver well thought out work products. Each deal that came by helped me build expertise on different sectors and issues around them. I’m a believer of self-assessment and feedback, used to approach my seniors on where I could improve after each deal. This helped me identified the chinks in my armoury and I worked consistently towards getting better at those. It has been a long yet fulfilling journey so far and I’m excited about what the future has in store for me.

    You’ve had a diverse range of experiences across various law firms such as Phoenix Legal and HSB Partners. How did these experiences shape your understanding of legal practice, particularly in the realms of mergers & acquisitions, private equity, and venture capital?

    Each firm I worked at contributed in a significant way to my growth and development as a lawyer. In the initial years, when I started out in Chennai post graduating from law school, I was lucky enough to be at the crossroads of the biggest overhaul of company law in Indian history. With the Companies Act, 2013 being introduced and to take effect from June 1, 2014, my first year in practice was almost entirely focused on interpretation of the new legislation and how it differed from the 1956 Act. These exercises were in fact driven by a plethora of queries from clients seeking advice on specific provisions of the 2013 Act. There were many engaging and interactive sessions with my seniors at the time to get a grasp of what we were dealing with, coupled with research drill downs, both in terms of interpretation of statutes and precedents in case laws. This helped me a great deal to get confident with my understanding of the legal practice involved in transactions and advisory. I had dealt with the 1956 Act in my internships. Hence, being able to deploy that understanding against the change in positions vis-à-vis the newly effective legislation in the 2013 Act gave me ample avenues to get better at shaping my understanding of the practice area. My stint in Mumbai was largely focused on mergers & acquisitions and venture capital. I got to do a lot of domestic and cross-border acquisitions and venture capital deals. It was a big learning curve for me which I embraced with all the efforts I could possibly put in. In your early years, observing your seniors negotiate on deals teaches you a lot, and over time, you tend to develop your own style of negotiating and handling multiple facets of the profession. 

    In any law firm, the work environment is dynamic, providing a diverse range of opportunities to learn from. With good mentors, exposure and diligence, one can dive deep into the requirements of a client and cater to its basis the demands of a given problem statement. From there on, it’s akin to polishing a precious stone, every bit of experience aggregates to fine tune a lawyer’s understanding and it only gets better with time. This, I believe, provides valuable insights and practice guidelines to develop oneself as a well reasoned and articulate legal professional capable of providing sound legal advice to clients. A couple of valuable lessons I’ve learnt over time with experiential learning are identifying client demands early on into a transaction and reflecting on them to deliver the desired results at every stage of the transaction. This varies based on the deal as well as from one client to another. For instance, a venture capital investment is akin to occupying a space in a newly built house while an acquisition is cleaning up and buying the entire house. What an investor is looking for from an investee company in an early stage venture capital investment differs vastly from what they are looking at in a late stage investment or what a buyer is looking to achieve from an acquisition. These differences range right from the level of detailing and lookback period involved in the diligence to the rights matrix to be negotiated for the relationship going forward. Negotiation is yet another skillset which requires constant learning and unlearning. With every deal, you take back something new from negotiations. Reassessment and reworking your approach to essentially figure out if your existing modus operandi could be better with the new learnings adds immense value in terms of reflecting on the outcomes of a deal. 

    Your work at IndusLaw involves advising on a multitude of transactions, including mergers and acquisitions, venture capital investments, and private equity deals. Could you share with us some of the most memorable or challenging transactions you’ve worked on and what lessons you’ve learned from them?

    There are quite a few deals I’ve absolutely loved working on at IndusLaw. Some memorable transactions I’ve done here include a series of acquisitions which set up daily delivery and instant vending businesses of a leading entity in the food and groceries space. These acquisitions included a business transfer, an asset purchase and a share purchase acquisition, and each acquisition structure came with its own set of challenges. In addition, these acquisitions taught me a lot about integrating new business models into an already well-grounded and flourishing model and practical challenges in terms of doing that. One of those acquisitions also included a founder exit, which was my first experience of a co-captain leaving the ship. Another transaction recently was internalization of a leading quick commerce brand from Singapore to India as part of a larger acquisition transaction. We dove deep into the process which happens at Singapore, including by working closely with our counsel there. The timing had to be spot on, given this internalization would need to seamlessly flow into the larger goal of the internalized entity being acquired by a listed company in India. The learnings from this deal were invaluable and while we faced multiple challenges on a daily basis, solving for each of them gave me a strong understanding of the process and its possible pitfalls. 

    More recently, with the changing trends, I’ve been closely involved with startups in the fashion space and manufacturing of materials (deployable across multiple industries), in both cases, with emphasis on sustainable and eco-friendly models. Transactions I’ve worked on have taught me a lot, in addition to fine-tuning my skills as a lawyer. These learnings range from interpersonal skills, understanding and appreciating the nuances of each product ecosystem (and the innovations that come with it) in this dynamic startup environment to understanding perspectives of founders who invested a lifetime of dedication, commitment and diligence to building successful businesses, and eventually decided to call it a day and sell. 

    Your expertise spans across sectors like e-commerce, healthcare, logistics, and media & entertainment. How do you stay updated with the legal developments and industry trends in such diverse areas, and how does this knowledge contribute to your advisory role?

    In a way, this was one of the main reasons I moved from Mumbai to Bengaluru. To get involved in the exciting startup ecosystem, in my area of competence. For A Long time, each sector presented itself in deals, and I loved working on each of those sectors.

    In terms of staying updated, early on in my career, I used to visit the websites of regulators such as RBI, MCA and SEBI to look for recent updates. Eventually, I figured out some useful hacks, which still serve me well to date. One of these was setting up Google alerts in my email driven by keywords. I placed a few alerts on keywords which most mattered to me, such as ‘venture capital’, ‘ministry of corporate affairs’, ‘reserve bank of india’, ‘foreign direct investment’, to hit my inbox at a time I could catch up on updates. So everyday, I get a collection of articles sourced from the web in my mailbox, to catch up on. In addition to this, I also spend some time on a weekly basis to stay updated by reading newsletters/articles by IndusLaw and other law firms (not just in my practice area but others as well), articles on legal and professional network platforms, publications by legal databases/journals, funding trends (generally through accessing periodic analysis reports released by various investors), sectors which get more traction than others and so on. Updating oneself regularly is of paramount importance in the legal services industry, and it helps a lot in staying honest and relevant with the trends. This has helped me in striking conversations with clients about what’s happening and could be expected in their sectors, the sector’s outlook going forward and so on. Another efficient way to stay updated is also to write articles. Along with our team at IndusLaw, I endeavour to write articles regularly and we put out a lot of content expressing our thoughts on a plethora of subjects. The firm also chalks out and conducts training sessions on specific subjects in each practice area, which gives me an overview in terms of thinking through and updating my understanding on those and our views on contentious issues. 

    In addition to your transactional work, you’ve also been involved in drafting legal opinions, conducting due diligence, and providing compliance advice. How do you balance the demands of these different aspects of legal practice, and what advice would you give to young lawyers looking to excel in these areas?

    Every deal is an opportunity to learn something new and nail the brief. First up, having a positive outlook on the profession is vital. Yes, the demands are rigorous and in a given day, you may be switching between multiple matters ranging from transactions to opinions to conducting due diligence to providing compliance advice. The ability to switch off from one matter to another is quite critical (and a skill in itself) in the profession and that can happen seamlessly only with a well grounded and firm understanding of each given matter. Preparation and planning prior to commencement of the transaction, establishing a workflow process and regular review sessions with the team are some of the other practices which help me navigate through multiple matters at the same time.

    I still have a long way to go in this profession, so I wouldn’t call this advice, rather a rational thought to ponder for young lawyers. Each matter is unique, treat each one of them with the attention to detail it deserves. A lawyer cannot convince a client unless they are convinced themselves. Deliberate, research and reflect on your own thought process and solutions which result from it until you’re convinced that it’s the way forward.

    There is a quote by the former secretary of state of the United States, Colin Powell, in his Thirteen Rules of Leadership – It ain’t as bad as you think! It will look better in the morning. Couldn’t ring truer in terms of being stuck in a thought loop on a problem statement. Anything complex is only an aggregation of simpler problems stacked over one another. So if you’re facing a complex problem statement, break it down into simpler ones and solve for each of them.

    Your publications reflect a deep understanding of complex legal issues, including trending topics such as GIFT City, relocation of supply chains to India and ESOPs/stock appreciation rights. Could you tell us about your approach to legal research and writing, and how it helps you in your day-to-day work?

    Research forms the fundamental base of any understanding. The more your research, the more you achieve in terms of clarity of conceptual understanding of a subject matter. I’m generally on the lookout to write articles on subjects which my practice area requires clarity on. This invariably helps me get better at my understanding of the subject as well. Once the topic is identified, conducting comprehensive research (including perspectives by various stakeholders) helps me to chalk out a framework for the article. From there on, I go into analysing precedents, statutory provisions and commentaries available on the subject. Once the above checkpoints are complete, the writing requires further deliberation (and a fair bit of drafting and rehashing) in terms of achieving coherence and flow in the article. 

    Legal research and writing has been a part of my life ever since law school. Establishing a process (as explained above) and following it religiously helps a lot, not only in terms of legal writing, but also to deal with multiple transactions at any given point of time. 

    As someone who has been deeply involved in the startup ecosystem, what are some common legal pitfalls or challenges that startups often face, and how do you guide your clients through these obstacles?

    Some of the common challenges which I’ve seen early stage startups face are keeping up with compliances, which sometimes includes obtaining necessary licenses and permits. This is understandable as startups invest a lot of their energies into solving the problem which is the genesis of their creation. Given the gamut of laws which apply to a company in India, it is quite possible to miss getting some of that paperwork done. Another challenge I would say is standardization of contracts. In early stages, there may be quite a few commercial contracts with multiple stakeholders in the startup ecosystem, such as suppliers, vendors, service providers etc., whereunder a startup may have signed up to onerous terms, such as say uncapped indemnity or not adequately covering for risks which may arise from the counterparty’s role in a contract. 

    For any such pitfalls, I prefer to explain the problem upfront to a client and then proceed to providing options which may be considered to resolve such issues, ranging from ones which could provide a quick fix for the time being to more robust and elegant long term solutions. Of course, there is gradation of the risk involved as well which goes into this process, so the client is aware which issue (and options available to fix it) needs their immediate attention as against the ones which could be addressed a little later in time.   

    Transitioning from being a law student to a successful legal professional can be challenging. What advice would you give to law students or young lawyers who aspire to follow a similar career path in corporate law and specialize in areas like mergers & acquisitions, venture capital, and private equity?

    Having interacted with quite a few students looking to enter the practice area, I would encourage young lawyers to explore their interests in law school and understand what their possible options could be. Thereafter, they should shortlist their areas of interest over the others, understand further on what each such shortlisted practice area demands. This can be easily achieved through their peer network of seniors who may be involved in those practice areas, and with the information publicly available. Understanding the rigours of the profession and what is required from their end in their formative years will go a long way in setting their expectations straight. 

    In addition to this, if young aspirants are interested in deal making, they need to do more than just understanding and reflecting the law in practice. Making a conscious effort to develop their commercial knowledge and understanding practical challenges and aspects which come along with deal making (including in terms of execution and implementation of structures) would give them a competitive edge by getting familiar with the challenges associated with deal making and solving for them. Such proactive steps would help them establish the contours of the profession and their capabilities quite early on. 

    Get in touch with Anantha Krishnan-

  • “If you are prepared to accept failures/rejections on the way & are determined to be a continuous learner (in addition to thinking outside the box) nothing in this profession is impossible & you can soar to great heights.” – Kunal Basu, Founder of Lex Loretta.

    “If you are prepared to accept failures/rejections on the way & are determined to be a continuous learner (in addition to thinking outside the box) nothing in this profession is impossible & you can soar to great heights.” – Kunal Basu, Founder of Lex Loretta.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you take us through your journey from deciding to pursue law as your education to establishing Lex Loretta? What motivated you to choose law as a career path, and how did you transition from your legal education to starting your own practice?

    My name is Kunal Basu. I am a first-generation lawyer. As a child, I was fascinated by stories of the judicial services, but it wasn’t till many years later that I decided to enter law school in a bid to carve out a niche for myself in the profession. I always originally wanted to enter the judicial services & be a judge but chose to be an attorney. But when I started practicing law in ’22, I saw the reality of the legal system & how quickly shattered the hopes of a litigant could get. There are problems involved in the judicial system. On this note I told myself that come what may, I would be there for each litigant /lost soul who wanted my aid to traverse the labyrinth of long adjournments et al. That’s how my solo practice was initially born. Whilst my LLB degree provided groundwork, having a basic Drafting, Pleading & Conveyancing paper at law school easily helped me to draw up pleadings quickly sans relying on proformas.

    Your areas of practice cover a wide range, from estate transactions to criminal law. What drew you to such diverse fields, and how do you manage to navigate the complexities of each?

    In law school, I was fascinated by papers like the Transfer of Property Act, Indian Trusts Act & the Indian Stamp Act to begin with. We also had a Drafting, Pleading & Conveyancing paper as well. Being an only child, I realised that the world over, many parents have the same common pressing worry–how to pass their assets to their children in an effective manner whilst minimising chances of potential litigation. With this in mind & keeping in mind that for successful practice in trial courts, CPC & CRPC basics were crucial, I employed the system of concept-based learning–a trait that I still use to this day when practicing law in court. Using the method is how I manage to still retain the basic legal principles that help me to navigate. 

    As someone who mentors fellow attorneys facing burnout or feeling lost in their career, what advice would you give to young lawyers navigating the early stages of their profession?

    Be calm. Think with a cool mindset whenever approaching problems in your professional life. A lawyer is expected to resolve the problems of others in a calm & impassioned manner; and if this trait is followed in personal life, it can work wonders. Financials are a problem, but it’s only temporary.

    Your profile mentions a specialization in domestic violence cases involving male victims. Can you share some insights into the unique challenges faced by male victims in seeking legal recourse, and how you approach these cases?

    Whilst most cases I handle involve DV cases from the woman’s perspective, there are genuine cases involving male victims. This is because I have seen that in 99.9% cases, the victim of DV is mostly a female. At times the legal system can be biased towards a male victim & in such cases, it is a test of patience for both the lawyer & male client to navigate the legal system accordingly. As DV cases involving a male victim are special, one has to know not only the DV Act well, but also CrPC too & the basics of criminal drafting. As well as exercise a high degree of empathy.  

    With the rise of remote work and digital platforms, how has it impacted the way you deliver legal services, especially with Lex Loretta being a worldwide remote practice?

    Well… to be honest, delivery of legal services doesn’t always require a brick-and-mortar structure. All that’s required is a stable Internet connection, a secure (client) portal & a communication device. I anticipate that digital nomadism will be the new thing in the next 10 – 15 years. Remote work, I anticipate & digital platforms, I think, will be the new revolutionary approach for any business, including legal profession, to thrive post-COVID. However, I take strict measures to ensure that at no point should Lex Loretta violate advertising standards laid down by the Bar Council of India. 

    As a solo practitioner, what are some of the key challenges you face, and how do you overcome them to ensure the success of Lex Loretta?

    Being a first-generation lawyer, the hardest thing for me when I started practicing was the lack of a mentor. When I started solo practice, I faced challenges from all corners, primarily given the fact that I was a first-generation lawyer. See, most folks are biased towards any first-generation attorney (with exceptions). As days passed, I realised that the only way I could thrive was if I viewed the legal profession from a business perspective instead of cribbing. Keeping this in mind, I set up Lex Loretta on 28th Nov. 2023 by way of a written stamped charter. And it’s been a rollercoaster ride for me ever since then.

    Given your experience, what do you believe the current generation of law graduates can do to build successful and fulfilling careers in law?

    Believe in yourself. Period. Walt Disney said “If you can dream it, you can do it. Always remember that this whole thing started with a dream and a mouse.”  It just takes a spark in you, faith, tons of patience & perseverance to set the ball rolling in this profession. If you are prepared to accept failures/rejections on the way & are determined to be a continuous learner (in addition to thinking outside the box) nothing in this profession is impossible & you can soar to great heights. But if you are influenced easily by other’s perceptions of you, then nothing good will ever happen to you.

    Away from the legal world, what are some of your personal hobbies or interests that you enjoy indulging in?

    I enjoy listening to music, sketching & going on long walks. I enjoy disconnecting from the world for a while & giving more time to myself. I also like sketching abstract objects using vivid imagination & listening to music of all sorts. 

    Internships play a crucial role in a law student’s journey. How important do you think internships are for students, and what kind of internships would you recommend for aspiring lawyers to gain valuable experience and insights into the legal profession?

    See, internships are important for every law student & fresh law graduate to realise whether they are suited for a specific area of law or not. As each area of law is different, I feel that one should choose an internship based on how they view themselves in the next five years & proceed. For instance, if you like being a criminal lawyer, focus on internships under a lawyer, Corrections Department & the judiciary (if possible). Similar goes for any other areas of law. It’s not general. 

    Get in touch with Kunal Basu-

  • “The experience of handling complex disputes is significantly more rewarding and provides greater insight into sectoral dynamics”- Adarsh Saxena, Partner at Cyril Amarchand Mangaldas.

    “The experience of handling complex disputes is significantly more rewarding and provides greater insight into sectoral dynamics”- Adarsh Saxena, Partner at Cyril Amarchand Mangaldas.

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you walk us through your journey to becoming a disputes lawyer, particularly focusing on what drew you to this field and how you navigate your career path to reach your current position at Cyril Amarchand Mangaldas?

    I was drawn to the law because of my love for debating and for solving puzzles. For the same reason, disputes were a natural choice. Being a first-generation lawyer, I opted to join a law firm because I felt that is where I would have the most opportunities. I was recruited directly from campus by what was then the Mumbai office of Amarchand & Mangaldas & Suresh A. Shroff & Co. (AMSS). After AMSS split in 2015, I continued working with the same set of colleagues at Cyril Amarchand Mangaldas (CAM). I worked hard and tried to approach each assignment with the same amount of intensity. Having the opportunity of working on unique cases has ensured that I have been regularly confronted with new challenges in areas of law that I have not previously encountered. I have been fortunate to have excellent mentors to guide me through my professional journey. This positive experience caused my continuation with AMSS/ CAM for over a decade. Becoming a partner in 2019 brought with it a new set of responsibilities. I believe that the most important of these involves managing a team and being responsible for the professional growth of my team members.   

    With your extensive experience in handling complex commercial litigation and arbitration cases, often with international aspects, could you share with us a particularly challenging case you’ve worked on? What were the key strategies you employed to navigate through the complexities of that case?

    A particularly challenging case I handled involved advising a court-appointed committee of administrators tasked with implementing reforms in a sports body. There were several stakeholders whose interests needed to be considered. Apart from the legal complexities involving multiple proceedings before the Supreme Court and different High Courts, I had to fulfil different roles including those of a traditional disputes lawyer (drafting pleadings, briefing senior advocates, and appearing in court) as well as those of a board-room advisor. There was little progress before the Supreme Court during the initial period. However, when different High Courts started passing orders in related proceedings and these were carried in appeal, the Supreme Court realised the need to expedite hearing of the matter. In this way, the strategy of precipitating matters before various High Courts helped progress the matter in the Supreme Court.    

    Your work spans across various sectors including sports, corporate governance, construction, infrastructure, media, banking/finance, securities, and energy. How do you approach transitioning between these different sectors when handling disputes? Are there any unique challenges or opportunities presented by each sector?

    I try to understand how each sector is organised and how the interests of each stakeholder are accommodated by the laws governing that sector. Applying this approach has helped me to understand the dynamics of the sector and I have found this invaluable when dealing with challenges unique to each sector. I have also been able to apply the learnings from one sector to another when I found similarities between them. The quality of the experience also plays a significant role. When you work at a large law firm, the nature of disputes that you work on are usually intricate and often first-of-their-kind. The experience of handling such complex disputes is significantly more rewarding and provides greater insight into sectoral dynamics.  

    You’ve represented several large Indian conglomerates, a national sports body, court-appointed committees, and directors. Could you share some insights into how you adapt your approach when working with such diverse clients and stakeholders?

    Just like every sector has its own dynamics, each client has its own values and ethos. Often, two clients in the same sector will have different approaches to similar issues because of their organisational DNA. Some clients are primarily concerned with mitigating the potential financial consequences of a dispute whereas others are more concerned with retaining the trust of their customers/ suppliers and protecting their reputation even if that entails financial consequences. Working with such diverse clients and stakeholders requires a flexible approach that is in sync with the values and ethos of the client in question. I try to discern client priorities and, as far as possible, provide solutions that I believe will fit their value system. 

    Recently, you completed your LL.M. in International Commercial & Economic Law from the School of Oriental & African Studies, University of London. How has this additional qualification influenced your approach to handling disputes, particularly those with an international dimension?

    The experience of being in a classroom after over a decade of working in a law firm was enriching. Several of my professors were active disputes practitioners and came from different jurisdictions in Africa, continental Europe, the Middle East and the USA. The varied ways in which they dealt with issues that I faced during my work in India was extremely helpful in understanding the approach in their respective home jurisdictions. This insight is invaluable when handling disputes with an international dimension, especially in advising international clients and collaborating with international law firms. The course also helped me build upon my existing work experience in commercial dispute resolution and deepen my understanding of evolving areas like business and human rights.

    As a partner at Cyril Amarchand Mangaldas, you’ve not only handled legal aspects but also been involved in business development activities and managed teams. Could you share some strategies you’ve found effective in maintaining and strengthening relationships with key clients, as well as in managing and mentoring your team?

    I have found that understanding the commercial and other considerations that drive client behaviour is useful for empathizing with the client’s situation. For corporate clients, this helps me understand the pressures that the instructing legal officer is likely to be facing from the company’s business teams. This understanding is critical to ensuring delivery of quality advice in a timely manner. It is natural for clients to want to avoid disputes but I try to ensure that they remember me as the person who helped them on their last one. 

    Empathy has also been critical to managing and mentoring team members. For this purpose, I have drawn upon my own early experiences as a junior associate and listened patiently when my team members express themselves. One thing I have learnt over the years is to recognise that each team member is different. Staffing them on assignments that play to each team member’s strengths while giving them time to become more well-rounded professionals is a strategy that I have frequently employed. In my interactions with team members, I try to be as forthright as possible whilst ensuring that they remain motivated to constantly become better versions of themselves. 

    Looking back at your career journey, what advice would you give to law students or young professionals aspiring to build a successful career in disputes law, especially in the context of the Indian legal landscape?

    Based on my personal experience, I believe that there is no substitute for hard work. I have tried to treat every assignment as an opportunity to learn something new and not merely as a task to be completed. When appropriate, I did not shy away from making suggestions and providing inputs that went beyond what was asked of me. Having a positive attitude towards learning has helped me significantly. I have found that there is something to be learnt from each and every person, no matter how young or old. This has worked out positively for me and I believe that it will do so for any law student or young professional as well. 

  • “One should always state the truth before the court and making incorrect statements or half truths before the court should be completely avoided”- Advocate Chandrachur Bhattacharyya

    “One should always state the truth before the court and making incorrect statements or half truths before the court should be completely avoided”- Advocate Chandrachur Bhattacharyya

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you please share with us what motivated you to pursue a career in law, particularly specializing in areas such as consumer protection, banking disputes, and money laundering prevention?

    The idea of arguing in a court of law fighting for justice for the client appealed to me. It is a powerful profession wherein the work you do can have a huge impact positively on others as well.  The judgments which are rendered by the courts have the potential of having an all India impact and it gives a sense of satisfaction. 

    Your work has had a significant impact on consumer rights, as seen in numerous landmark cases handled by you.  What inspired you to champion the cause of consumer protection in your legal practice?

    When you are taking up cases for consumers against a service provider which are large corporate entities , you are essentially fighting for the weaker party against a stronger party having superior bargaining power. The service providers  have more financial resources at their disposal and often engage the best of lawyers and have the best in-house legal teams,  thereby making it tough for consumers to get speedy and good quality of  justice. This is one of the reasons why I take up cases for consumers. It is a challenge  to fight cases against a party with more financial strength. 

    With your expertise in navigating complex legal frameworks like the Prevention of Money Laundering Act, could you shed some light on the challenges and strategies involved in handling such cases effectively?

    The only strategy is to go fully prepared to court on facts as well as law for each and every hearing and avoid taking unnecessary adjournments. Completion of pleadings in time is another important aspect. If one has completed the pleadings in time and one is  fully prepared to argue, the bench also appreciates it and it creates a positive impact on the court. 

    You’ve been involved in several high-profile cases that have garnered attention from the press. Can you share any insights or lessons learned from these experiences that have shaped your approach to legal advocacy?

    The lesson learnt is that a laid back attitude is to be avoided and one has to be constantly alert and on one’s toes. Having an enthusiastic approach to work also helps. One should always state the truth before the court and making incorrect statements or half truths before the court should be completely avoided. This helps in gaining the trust of the court. 

    The legal landscape is constantly evolving. How do you stay abreast of changes in legislation and judicial precedents to ensure the best representation for your clients?

    There are many good legal websites like Livelaw,  Barandbench and other newspapers which keep lawyers and the public in general  informed about the latest judgments being delivered by the courts. One must keep reading the articles published in these websites and newspapers to stay updated about the latest judgements and the development in law.  

    One of your notable achievements includes a Supreme Court judgment which laid down the law in favour of homebuyers’ rights overturning the earlier law which was against the homebuyers. Can you walk us through the process of advocating for such a significant legal shift and the impact it has had on consumer rights protection?

    One of the  landmark cases which I handled  was earlier the law. Once a homebuyer accepted possession or executed the sale deed/ conveyance deed, he would lose his right to claim delay compensation from the builder. I was a part of the  SC judgment where this law was reversed in the homebuyer’s favour where homebuyers’ right to claim delayed compensation even after accepting the possession or executing sale deed survives. This judgment was passed in view of the fact that in a consumer dispute the service provider has a superior bargaining power and it often bulldozes its way to get things done the way it wants which are sometimes prejudicial to the rights of consumers. Many service providers have a take it or leave it approach thereby leaving very little for the consumers to bargain on or negotiate with including unfair terms of contract. This judgment will change that. 

    Your career spans 14 years in legal practice. What have been the most rewarding aspects of your journey so far, and what challenges have you faced along the way?

    The most rewarding aspect is the fact that we get the opportunity to be part of judgments which have the potential of having an all India impact and positively affect and impact the rights and lives of  others.  The challenges are that sometimes delays happen in the adjudication of a case and clients get frustrated. This can be solved by appointing more judges and filling up the large number of vacancies in judicial offices. 

    As someone with extensive experience in the legal field, what advice would you offer to fresh graduates who are considering a career in law, especially those interested in specializing in consumer protection, banking disputes, and commercial litigation?

    The advice is to be patient and keep  working  hard. To be fair to your client as well as to the court. Go to court fully prepared for every hearing and be courteous to the court and put your point across forcefully but  in a respectful manner. Making incorrect statements on facts should be completely eschewed.  This will also help earn the trust of the court. 

    Get in touch with Chandrachud B-

  • “Always remember, our credibility is something that will yield the best work and results in the profession for us. Without it, we cannot truly consider ourselves to be in the noble profession.” – Bhavik Lalan, Counsel at Bombay High Court(Chambers of Sanjay Jain)

    “Always remember, our credibility is something that will yield the best work and results in the profession for us. Without it, we cannot truly consider ourselves to be in the noble profession.” – Bhavik Lalan, Counsel at Bombay High Court(Chambers of Sanjay Jain)

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you please introduce yourself to our readers and share the journey that led you from your early days as an Articled Clerk to your current role as a Counsel, Mediator, and Arbitrator?

    In 2009 I was a judicial intern with the then Bombay High Court Judge Mr. V. C. Daga that was the period when I decided to practice as a litigation lawyer upon my graduation. In the year 2010 I joined a Solicitor Firm M. S. Bodhanwalla & Co. as an articled clerk and had 4 years of work experience in the practice areas such as conveyance, civil and commercial litigation, legal opinions and advisory assignments from corporates like Hindustan Times, Lowe Lintas, RCF Ltd. etc. I recommend the young and buddying law students to undergo such a training process. In Mumbai, we have the option to appear for the Solicitors examination which is conducted by Bombay Incorporated Law Society. I appeared for said examination after which I joined Cyril Amarchand Mangaldas (“CAM”) in their dispute resolution team in Mumbai. My experience of working at CAM was very enriching. Handling litigations of high stakes involves tremendous readiness and preparedness in the back end. Also, in Mumbai, we follow a dual system of practice where Solicitor firms brief an arguing counsel and therefore, firms have to be always ready with briefing notes, compilation of judgments, and ensuring court records are updated and in order. My practice at law firms is of 6 years after which I started my counsel practice at Bombay High Court. I first joined the Chambers of Justice Mohit S. Shah (Former Chief Justice of Bombay High Court and Calcutta High Court) where I gained my Tribunal Secretary training and also had wide exposure to large stake arbitration matters. I then joined the Chambers of Mr. Sanjay Jain. Mr. Jain is an arguing counsel at Bombay High Court with a standing of 26 years. As an arguing counsel, my entire approach towards the practice has changed. I had to undergo a process of reformation where my basics of law were refreshed and my skills of drafting pleadings and evidence affidavits were sharpened to a great extent. In my view, these are the fundamental learning for every lawyer who desires to practice dispute resolution/ arbitration. In the year 2022 I completed my Masters in Mediation and Conflict Resolution from MNLU, Mumbai. It’s a two-year full-time course with a magnificent syllabus to enrich skill sets in mediation practice. After completing this Masters Course, I started getting references to act as an arbitrator and mediator in civil disputes. I have also been appointed as an Arbitrator by the Bombay High Court recently in a few matters and I consider myself to be fortunate that the Hon’ble Bombay High Court has entrusted with such a responsibility. While performing my role as a counsel, arbitrator and mediator I have to be constantly conscious that my responsibility is to assist the courts and parties in this process. We have to think about professional ethics and etiquttes while we take up our role as we are directly working in a public field/ domain and our actions and steps matter a lot to our clients and society at large. In the last 12 years of my practice, I have learned a lot from my seniors and colleagues. Law is a practice where learning does not stop till we retire. Our openness to learn even from our juniors testifies to our real approach towards problem-solving. 

    Could you walk us through what a typical day in your professional life looks like? What are some of the tasks and responsibilities that fill your day as a Counsel, Mediator, and Arbitrator?

    As litigation counsel, we have a long day of about 10-12 hours of working which involves court and arbitral hearings, conferences with client and senior counsels, reviewing/ settling of the pleadings and conducting legal research to keep ourselves updated. While doing this, I do spend time at our Advocate’s Bar Association Hall in High Court where interacting with senior counsels and colleagues provides me with an opportunity to exchange ideas and knowledge with them. I have seen that in the last 15 years, the trend of young Advocates sitting in the Bar Association Hall has drastically reduced. According to me, it’s a loss to such junior Advocates as they miss opportunities of gaining first-hand interactions with senior counsels and colleagues at the Bar. Having a little know-how of the practice and profession adds to the skill-set of lawyers which makes them multi-facet in approach.

    As a trained Mediator and Arbitrator, you’ve been involved in resolving several disputes. Could you tell us about a particularly challenging case you’ve handled and how you navigated through it to achieve a resolution?

    During my training process, I was taught that the goal of a good mediator is not to arrive at a settlement but to move the parties from their rigid position to a flexible one and provoke them to think about the solutions by encouraging dialogue between the disputing parties. My endeavour had always been to follow this teaching. So far I have handled about 150 mediations referred through the ODR platform SAMA to me and a couple of arbitrations that involve Bombay High Court-referred matters as well. Being a young practitioner sometimes I do find my role as a Mediator and Arbitrator challenging, but once we start practising to be a good listener and adopt neutrality it helps us a lot to navigate the parties towards solutions. This requires a lot of patience and controlled temperament. In one of the mediation matters (I cannot disclose particulars of parties due to confidentiality) where the dispute was between a multinational bank and a customer, the bank constantly tried to use the mediation meetings to pressurise the customer to pay back the alleged outstanding loan with interest. This was during the COVID period. The customer alleged that the bank was charging a higher interest wrongfully. Instead of speaking to each other parties initially resorted to the issuance of strong-worded legal notices, which triggered their egos. When the matter was referred to me, I had the challenge of bringing both the parties on same platform for a dialogue as they were not willing to see each other’s face. However, gradually with the mediation process moving further parties started attending mediation meetings. There was a time when they started exchanging verbal talks during the joint caucus. That was the time when I encouraged them to exchange some without prejudice written proposals. The parties did that and the dispute was resolved amicably. In this matter I see the victory of both parties, however, to bring them on same table to start the communication was a herculean task, by putting open ended questions to them, I had to prepare them mentally to leave their ego aside and come forward to have a joint talk.

    Transitioning from working at Cyril Amarchand Mangaldas (“CAM”) to starting your own practice must have been quite a journey. What motivated you to take this leap, and what are some key lessons you’ve learned along the way?

    My tenure of working at law firms was 6 years. I joined CAM after I worked at M. S. Bodhanwalla & Co. for 4 years. I was conscious that my role at CAM is going to be challenging as I was hired as a direct lateral and not through their campus recruitment annual training program. However, my earlier experience of working at a mid-size Solicitor firm helped me to navigate the work challenges of big law firm. At a big law firm, the infrastructure and support team provided to us is very helpful and efficient. Team learning and working is the main feature there. Delivering work before time is always expected on high mandate matters and that keeps us on our toes. If one cannot do this at the age of 25-26 when else will we do such action learning. This golden opportunity provided me the launch pad for leaping independent counsel practice. As a litigation counsel in Mumbai, the initial years are quite challenging in terms of getting briefed and generating revenue on your own. At the same time, the role of a counsel is of much more responsibility than the role of an Associate of a law firm. As counsel, we are all on our own when we appear before the court to argue a matter. We are shouldered with the responsibility to present the case before the court by applying the best of our abilities. Some cases have merits few don’t but our readiness to face the court and ensure best assistance to the judge is far more challenging. I got my inspiration from my spiritual mentor His Holiness Spiritual Sovereign Jainacharya Yugbhushansuriji Maharaj Saheb to take up this challenging role of an arguing counsel. His Holiness has entrusted upon several significant matters pending before the Supreme Court and High Courts/ Trial Courts in India, involving the rights of the Shwetamber Murtipujak Jain community. This role was challenging initially but later on after gaining good learnings from my seniors and colleagues I now do not find any challenge while appearing before the Supreme Court in such significant matters. The lessons which I have learnt so far is that we must first have faith in ourselves before we start looking for help outside. Litigation is a practice which provides fruit at a later stage but the sacrifice and rigours of initial days makes us efficient and better individual/ professional. So far I have had opportunities to assist legal stalwarts like late Mr. Fali Nariman, Mr. K V Viswanathan (presently a Supreme Court Judge), Mr. Harish Salve, Mr. Dushyant Dave, Mr. Arvind Datar, Mr. Darius Khambata, Mr. Navroze Servai, Mr. Ravi Shankar Prasad, Mr. C S Vaidyanathan in various matters involving tricky constitutional and such other legal issues. This was possible only after I chose to practice as a litigation counsel.

    You’ve been a frequent contributor on various issues, including public policy, diplomacy, and the use of technology in the legal field. Could you share your thoughts on how technology is shaping the future of dispute resolution and legal practice?

    Technology and law can go hand-in-hand. I am working from a paperless office post-COVID rollout. According to me, we lawyers will have to adopt technology wherever possible in our day-to-day practice as it has resulted in ease of doing practice. Imagine it was due to this advanced video conferencing technology that our Supreme Court and High Courts were able to function uninterruptedly even during the COVID lockdown. Today majority of my arbitration and mediation meetings are conducted virtually. Not limiting it to meetings, but data storage and utilisation are also done through cloud cloud-based system. Effectively, all my briefs are accessible to me 24×7. This has resulted in improved efficiency and quick delivery of solutions to the Attorneys/ clients. I am confident that in the next 5 years, we will have the majority of our Trial Courts providing us with virtual hearings and e-filing facilities. This will not only make the legal practice more inclusive and wide but will also cut down the pendency of cases.

    Balancing a legal career with personal interests can be challenging. Outside of your legal practice, what are some hobbies or activities you enjoy to unwind and recharge?

    Honestly, my first 10 years in the practice have been completely devoted to my work and training process under the guidance of my seniors and mentors. However, I have found my interest in reading the autobiographies of legal luminaries from India’s legal practice. I also read spiritual books regularly as it motivates me to take up higher challenges. Post-COVID health and fitness have been my priority and I ensure that I have physical exercise or morning walk sessions daily along with yoga. I have realised that those who do not take care of their mental and physical health during the early days of practice have to face tough times in the later phase. Our legal practice is such that with the rising age number of dockets keeps increasing, in such a scenario it is necessary to focus on health and mental well-being from the initial days. My thoughts for all my young colleagues is to stay away from addictions of smoking, drinking alcohol and drugs or any such harmful habits that shall severely affect our mental, physical and financial well-being. To be vocal about this, to some extent smoking a fancy cigar or cigarette might have been glamourised in our profession by some stalwarts but young lawyers should be mindful to understand that besides addictions we have many more other good qualities to adopt from them. I also, dedicate some time to pro bono matters which have been my activity to pay back to society. I am empanelled with the Bombay High Court Legal Services Committee where I am entrusted with cases to argue for the underprivileged and marginalised individuals. Appearing in these matters gives me a feeling of satisfaction.

    Your work involves advising clients on an array of transactional matters, including contracts and tenancy laws. What are some common misconceptions clients have about these areas, and how do you address them?

    Since I am practicing as a counsel in Mumbai my direct exposure to dealing with clients is very minimal. Conferences through a Solicitor with a client are a very easy thing to handle. But, there are occasions when I am entrusted tasks either through the Legal Aid Committee or through such pro bono service or social obligation where I have to come across direct interaction with clients and at such times I have to be mindful to keep very simple and lucid language while interacting with them. Using legal jargons during client counselling is not at all necessary. What matters is to give a simple solution within the framework of law. I have needed to recuse myself from situations where my advice was sought on some issues which to my mind were not legally feasible. I have made a point that I take a strong stand in such a situation rather than surrendering to the situation for the consideration of fees. Ours is a noble profession nobility of which is to be maintained by we people as the famous saying is “charity begins from home”.

    Reflecting on your experience as an Ad Hoc Committee Member of the Students’ Council and your participation in moot court competitions, how do you feel moots help students in their legal career or enhance their skills? Can you share some insights into the practical benefits you gained from participating in moot court competitions during your law school days?

    I was fortunate to have good exposure to moot court competitions at Government Law College, Mumbai (“GLC”). My college has been at the forefront in producing great mooters who have won several national and international moot court competitions. I participated in about 10 moot court competitions which are state, national and international. My first-hand experience in drafting a memorial for such a moot court competition is the foundation of my drafting skills. The mannerism to argue at moot court competition forms the bedrock of my present arguing skill. Conducting legal research by reading commentaries and journals was taught to us during our moot court preparations. I feel every law student must participate in at least 2-3 moot court competitions during their academic career. Also, today I cherish those days of preparing for the moot court competition where we used to fearlessly argue the propositions and by doing so regularly we developed a skill to argue real-life matters. I had many friends in my law school days who had stage fear and benefitted a lot due to their participation in moot court competitions. Being part of the Ad-Hoc Committee of the Students’ Council I feel it provided me with an atmosphere to develop a leadership skill and work in a team with modesty for shared goals. We executed several remarkable events (M C Chagla Lecture Series and many more) in GLC through the Students’ Council.  I was also part of the legal aid committee at GLC during my college days. I have had an opportunity to visit central jails and help the poor needy under trials to make their representations and letters for bail application.

    Starting a career in law can be daunting for many young professionals. What advice would you give to the current generation aspiring to make a mark in the legal field?

    Unlike other professions, ours is not a profession to only earns money. Rather ours is a “practice” which word is predominantly used to address the legal profession (a noble profession). May it be litigation or non-litigation; the practice provides us with several opportunities to serve the society. If we go back in the past, the majority of our freedom fighters and founders of the independent India were lawyers. They played a pivotal role in nation-building through their legal knowledge and acumen. Just like doctors we lawyers are also pillars of the society. My message to the current generation aspiring to make a mark in the legal practice is that have an ethical practice with honest conviction of the work which we do. Even the top practitioners and law firms in India and abroad have highlighted the importance of ethical practice in legal profession. This is because ethics and values play a big role in what we advise and perform. I often come across my Solicitor’s complaint regarding law students abruptly changing law firms during their internship/ para-legal period. I feel this practice should be discouraged as while doing these students create an image of being not reliable and credible. Always remember our credibility is something that will get the best work and results in the profession for us without which we cannot consider ourselves to be in the noble profession. Also, there is a hot issue in discussion these days whether interns/paralegals should be paid hefty stipends or not. I feel that generally during the internship days our priority should be learning. We should be thankful to those seniors who take up the responsibility to teach us initially at the cost of their time and resources. Few cases of exploiting interns cannot overshadow the process prevailing in our practice i.e. teaching and investing time in a junior/ student to make them efficient lawyers. If we observe the history of our profession in Mumbai, several of the stalwarts have undergone this process of training during their initial days without getting paid any salary/ or hefty stipend. At times, non-issues are glamourised more than the significant issues and that results in setting a wrong narrative in society. What I see now and for the next 50 years in India, the legal profession will have a paradigm shift i.e. 360 degree change. The systems are becoming more transparent now. We have a live streaming of court proceedings. The introduction of digital filing and virtual hearings has made things easy and economical for everyone. Those lawyers who are afraid to adopt technology may find it difficult to sustain with time, therefore, an open mindset to adopt technology wherever feasible is the only solution.

    Get in touch with Bhavik Lalan-

  • “Drafting legal documents and notices requires meticulous attention to detail and a keen understanding of the relevant legal principles”- Astha Nigam, Managing Associate at Luthra and Luthra Law Offices

    “Drafting legal documents and notices requires meticulous attention to detail and a keen understanding of the relevant legal principles”- Astha Nigam, Managing Associate at Luthra and Luthra Law Offices

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you share a bit about your journey into the legal profession and what inspired you to specialize in Arbitration, White Collar Crimes, Company, and Insolvency Laws?

    My journey into the legal profession was deeply influenced by my upbringing in a family that valued justice and integrity as I have seen my grandfather perform his duties as a High Court Judge. As a first-generation lawyer, I was inspired by the power of law to effect positive change in society. My interest in arbitration, white-collar crimes, company law, and insolvency laws stemmed from a desire to navigate complex legal landscapes and provide strategic solutions to clients. These areas not only challenge me intellectually but also allow me to contribute meaningfully to corporate governance, dispute resolution, and ensuring compliance with regulatory frameworks.

    With over 9 years of experience, you’ve handled a diverse range of cases from representing individuals against gambling regulations to corporate disputes worth billions. How do you navigate such varied legal landscapes?

    Indeed, my experience has been diverse, spanning from advocating for individuals facing regulatory challenges in areas like gambling to handling high-stakes corporate disputes worth billions. To navigate such varied legal landscapes, I rely on a combination of thorough research, collaboration with experts in specialized fields, and a deep understanding of legal principles. Each case presents unique complexities, but by staying adaptable, keeping abreast of legal developments, and leveraging my interdisciplinary skills, I’m able to provide effective representation tailored to the specific needs of my clients, regardless of the legal terrain

    You’ve had significant experience in representing companies before various courts and tribunals. What are some key strategies you employ when handling high-stakes cases, particularly those involving complex contractual disputes or insolvency matters?

    When handling high-stakes cases, especially in corporate matters, several key strategies come into play. Firstly, thorough preparation is paramount. This includes comprehensive case analysis, anticipating potential challenges, and developing robust legal arguments. Secondly, effective communication with clients is essential to ensure alignment on goals and expectations. Thirdly, strategic negotiation and alternative dispute resolution methods are often explored to mitigate risks and achieve favorable outcomes outside of court. Additionally, building strong relationships with opposing counsel and maintaining professionalism in all interactions can help in navigating complex legal proceedings. Ultimately, my approach revolves around a combination of meticulous preparation, strategic thinking, and proactive communication to safeguard the interests of my clients in high-stakes scenarios.

    Given your extensive experience in drafting legal documents and notices, could you walk us through your process for ensuring accuracy and effectiveness in such critical tasks?

    Drafting legal documents and notices requires meticulous attention to detail and a keen understanding of the relevant legal principles. My process begins with a thorough review of the relevant laws, regulations, and case precedents to ensure accuracy and compliance. I then work closely with my clients to understand their specific needs and objectives, tailoring the language and content of the documents accordingly. Throughout the drafting process, I employ rigorous quality control measures, including multiple rounds of review and peer feedback, to catch any errors or inconsistencies. Additionally, I prioritize clarity and precision in language to ensure that the documents effectively convey the intended message and stand up to scrutiny in legal proceedings. By combining legal expertise with a methodical approach to drafting, I strive to deliver documents that are not only legally sound but also strategically crafted to achieve the desired outcomes for my clients.

    In your experience, what are some common challenges or misconceptions clients face when dealing with arbitration proceedings, especially in complex commercial disputes?

    In my experience, clients often face several challenges and misconceptions when dealing with arbitration proceedings, particularly in complex commercial disputes. One common challenge is understanding the intricacies of the arbitration process itself, including the selection of arbitrators, procedural rules, and the enforceability of awards. Additionally, clients may underestimate the time and cost involved in arbitration compared to traditional litigation. Misconceptions about the finality of arbitration awards and the ability to appeal decisions also arise frequently. Furthermore, navigating multi-jurisdictional issues and enforcing awards across borders can pose significant challenges in international arbitration cases. To address these challenges, I prioritize proactive communication and education, ensuring that my clients have a thorough understanding of the arbitration process and its implications. By providing strategic guidance and advocating for their interests effectively, I help clients navigate arbitration proceedings with confidence and achieve favorable outcomes in even the most complex disputes.

    Your expertise extends to navigating the intricacies of criminal law, including cases involving white-collar crimes. How do you approach defending clients in such cases, balancing legal strategies with maintaining their reputation and integrity?

    When defending clients in cases involving white-collar crimes, I approach each situation with a dual focus on legal strategy and reputation management. Firstly, I conduct a comprehensive analysis of the legal aspects of the case, examining evidence, statutes, and precedents to formulate a robust defense strategy. This may involve challenging the prosecution’s evidence, negotiating plea deals, or presenting compelling arguments in court.

    Simultaneously, I prioritize protecting my client’s reputation and integrity. This involves proactive communication with stakeholders, including the media, investors, and the public, to ensure transparency and maintain trust. I work closely with my clients to craft messaging that emphasizes their commitment to ethical business practices and compliance with the law.

    Throughout the legal proceedings, I remain vigilant in safeguarding my client’s rights while also advocating for fair treatment and due process. By balancing legal strategies with reputation management, I aim to achieve the best possible outcome for my clients while minimizing the impact on their personal and professional integrity.

    You’ve been involved in high-profile cases ranging from extradition proceedings to representing leading manufacturers and exporters against allegations of corruption and money laundering. How do you handle the pressure and public scrutiny that often accompanies such cases?

    Handling high-profile cases, whether they involve extradition proceedings or allegations of corruption and money laundering against leading manufacturers and exporters, certainly comes with its share of pressure and public scrutiny. To effectively manage these challenges, I rely on a combination of resilience, professionalism, and strategic communication.

    First and foremost, I prioritize maintaining a steadfast commitment to upholding the principles of justice and due process. This serves as the foundation for my approach to every case, regardless of its profile or complexity.

    Additionally, I recognize the importance of proactive communication and transparency in managing public perception. By keeping clients informed and involved in strategic decisions, and by being accessible to address concerns from the media and other stakeholders, I aim to foster trust and confidence in the legal process.

    Moreover, I surround myself with a supportive team of legal professionals who share my dedication to excellence and integrity. Collaborating with experts in various fields enables us to leverage diverse perspectives and resources to mount a robust defense or pursue legal remedies effectively.

    Ultimately, I draw strength from my belief in the power of the law to bring about fair and just outcomes, even in the face of intense pressure and scrutiny. By remaining focused on the merits of each case and maintaining a commitment to ethical conduct, I strive to navigate high-profile cases with integrity and professionalism.

    Finally, as someone with considerable experience in the legal field, what advice would you offer to fresh law graduates looking to establish themselves in the industry, particularly those interested in pursuing a career path similar to yours?

    For fresh law graduates aspiring to establish themselves in the legal industry, especially those interested in a career path similar to mine, I offer the following advice:

    1. *Continuous Learning:* The legal landscape is constantly evolving, so never stop learning. Stay updated on changes in laws, regulations, and industry trends to remain relevant and effective in your practice.

    2. *Build a Strong Foundation:* Invest time in honing your foundational legal skills, such as research, writing, and critical thinking. These skills form the bedrock of a successful legal career and will serve you well across various practice areas.

    3. *Find Your Niche:* Explore different areas of law to identify your interests and strengths. Specializing in niche practice areas, like arbitration or white-collar crimes, can set you apart and open up unique career opportunities.

    4. *Network Strategically:* Cultivate professional relationships with mentors, peers, and industry professionals. Networking can provide valuable insights, opportunities for collaboration, and referrals for potential clients.

    5. *Embrace Challenges:* Don’t shy away from challenging cases or opportunities. Embrace them as learning experiences that will help you grow and develop as a legal professional.

    6. *Maintain Integrity:* Uphold the highest ethical standards in your practice. Integrity and professionalism are essential for building trust with clients, colleagues, and the broader legal community.

    7. *Stay Resilient:* The legal profession can be demanding and unpredictable. Develop resilience to navigate setbacks and challenges, and remember to prioritize self-care to maintain your well-being.

    By following these principles and staying committed to your professional development, you can lay a solid foundation for a successful and fulfilling career in the legal field.

    Get in touch with Astha Nigam-

  • “Advocating for self-belief, risk-taking, active listening, persistence, and mental well-being as essential pillars for success in legal and managerial domains.” – Sachin Yadav, Deputy Manager (Law) at Power Grid Corporation Of India Limited.

    “Advocating for self-belief, risk-taking, active listening, persistence, and mental well-being as essential pillars for success in legal and managerial domains.” – Sachin Yadav, Deputy Manager (Law) at Power Grid Corporation Of India Limited.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    What motivated you to choose law as a career? and how has been the journey so far for you?

    Choosing law as a career has been a deeply personal and reflective decision for me. Coming from a family with three generations serving in the Forces, where they dedicated their lives to safeguarding the nation on its borders, the motivation to contribute to society was ingrained in me from a young age.

    Initially, my inclination was towards humanities, driven by a desire to directly serve the community. However, societal expectations led me to pursue the science stream after my 10th standard, even though my true passion lay elsewhere. After completing my 12th standard, I mustered the courage to break away from the confines of the science stream and follow my genuine calling for law.

    The decision to pursue law was rooted in its direct connection to societal issues. I wanted a career where I could witness the real-time impact of my actions on society. Law, with its profound connection to societal structures and issues, provided the ideal platform. It presented an opportunity for me to serve society actively, particularly aiding those from marginalized communities in their struggle for rights.

    While my current role doesn’t involve litigation, I have found avenues to contribute significantly. By creating legal awareness and providing advice, I am able to empower individuals in my village and beyond. Moreover, my network in the legal field allows me to connect those in need to peers engaged in litigation, ensuring comprehensive support for those seeking justice.

    In essence, my choice of law as a career is not just a professional pursuit but a commitment to contribute meaningfully to societal well-being, extending the legacy of service that runs deep in my family.

    Your journey from Executive Trainee (Law) to Deputy Manager (Law) at Power Grid Corporation of India has been remarkable. Could you share some pivotal moments that shaped your career progression within the organization?

    I appreciate your acknowledgment of my career progression at POWERGRID. My journey from Executive Trainee (Law) to Manager (Law) has indeed been marked by pivotal moments that have significantly shaped my professional trajectory.

    Commencing in 2016 as an Executive Trainee (Law) based at the Western Region-1 Headquarter in Nagpur, I encountered substantial responsibilities even during the training period. One notable instance was the Arbitration Case involving M/s Indo Nabin. Despite the challenges, we were able to restrict the Arbitration award to Rs. 48 Lacs against the Claimant’s demand of Rs. 4.53 Cr. Subsequently, through effective communication with M/s Essar Power, the owner of the consultancy works, we successfully transferred the liability arising from the Arbitration Award to them, saving POWERGRID Rs. 4.53 Cr.

    Following the completion of the one-year training period, I was confirmed as an Officer (Law) in 2017 and later promoted to Assistant Manager (Law) in 2018. Collaborating with my colleague Govinda Yadav, we played a pivotal role in shaping the Law Department of Western Region-1. Overseeing more than 500 cases, spanning Land Acquisition, Arbitration, IBC, Contractual Matters, and Tree & Crop Compensation Matters, we managed to significantly reduce the contingent liability of our region by over 100 crores across multiple proceedings. My responsibilities also extended to coordinating with over 20 substations and approximately 10 departments.

    In 2021, I achieved a promotion to Deputy Manager (Law) and underwent a transfer to the Corporate Law Department in Gurugram. This transition provided me with the opportunity to draft crucial policies and SOPs, including those related to IBC cases, T/L works, and RoW cases. Notably, I contributed to the unique Transmission Agreement between POWERGRID and Reliance Industries Limited (RIL) for the construction of a dedicated transmission system for the Jamnagar Oil Refinery of RIL.

    Furthermore, my involvement in the Africa 50-POWERGRID Project, where POWERGRID is constructing a Transmission Line in Kenya on an equity basis, marked a significant departure from previous international projects undertaken on a consultancy basis. I contributed to Project Agreements, Transmission Service Agreements, and other legal aspects of this ground-breaking initiative.

    My journey at POWERGRID has been challenging yet personally satisfying, as I’ve had the opportunity to navigate complex legal scenarios and contribute meaningfully to the organization’s success.

    Handling over 500 cases and 100+ contractual matters is undoubtedly challenging. Can you walk us through a particularly memorable case or project that you worked on during your tenure at Power Grid Corporation of India? 

    Handling over 500 cases and more than 100 contractual matters at POWERGRID has indeed presented numerous challenges, and among the many notable cases, I would like to share a particularly memorable one – the resolution of Right of Way (RoW) matters in Aurangabad.

    The project in question had been stagnant for several years due to RoW issues, prompting our decision to address the matter through legal remedies. We initiated the process by filing an application under Section 16(1) of the Indian Telegraph Act, 1885, seeking the intervention of the District Magistrate for the removal of obstructions. Despite the challenges posed by the prevailing COVID situation, I undertook frequent travels and stationed myself at Aurangabad to personally follow up with the District Magistrate.

    Initially, the District Magistrate displayed reluctance to issue an order in our favour, considering local factors. However, through persistent convincing and follow-up efforts, we eventually secured a favourable order from the District Magistrate. Subsequently, despite encountering hostile behaviour and resistance from the locals, with the support of the local administration, we were able to successfully construct the Transmission Line. The line was finally commissioned in 2021, just a few months before my transfer to the Corporate Center.

    This project stands out as the most memorable in my career thus far, not only due to its legal intricacies but also the tangible impact it had on resolving long standing issues, facilitating the completion of the project, and contributing to the overall success of POWERGRID.

    Transitioning from a legal background to pursuing an executive MBA at esteemed institutions like XLRI is quite a leap. What motivated you to pursue further education in management, and how do you envision blending your legal expertise with strategic HR leadership roles? 

    Embarking on an Executive MBA journey, particularly at esteemed institutions like XLRI, marks a significant transition in my career. With approximately 9-10 years of experience in the legal field, I find immense satisfaction and fulfillment in my current domain. However, my decision to pursue an Executive MBA (PGDM) from XLRI is rooted in my unwavering commitment to continuous learning.

    Beyond the initial acquisition of legal skills, I recognize the paramount importance of staying abreast of industry trends and acquiring new knowledge to ensure professional relevance and adaptability. This decision aligns seamlessly with my vision of ascending to senior positions in the Public Sector. Opting for an MBA in HRM is a strategic choice, as it not only equips me for leadership roles in the future but also provides a diverse perspective on various situations.

    XLRI, being a reputable institute, holds a distinguished position for imparting quality education in HRM. The decision to pursue an Executive MBA from this esteemed institution was a natural one, given my aspiration to excel in HR leadership roles. As an in-house legal counsel deeply involved in HR matters at POWERGRID, I have witnessed the synergies between legal and HR functions contributing to organizational success. By adding HR to my professional profile through an Executive MBA, I aim to enhance my capabilities and readiness for future leadership roles that may demand a holistic understanding of both legal and HR domains.

    In essence, my pursuit of an Executive MBA at XLRI is a conscious effort to fortify my professional foundation, ensuring that I am well-equipped to navigate the evolving landscape of organizational leadership in the Public Sector.

    Your experience at National Insurance Company Ltd. as Administrative Officer (Legal) involved managing diverse legal cases and providing risk assessment advice. How did this role contribute to your professional growth? 

    During my tenure at National Insurance Company Ltd. as an Administrative Officer (Legal) posted at the Baroda Regional Office, spanning approximately one year and three months, I had the privilege of managing a diverse portfolio of legal cases, significantly contributing to my professional growth.

    In this role, I was tasked with monitoring and overseeing over 10,000 cases at the district level from 10 divisional Offices. I, in collaboration with my colleague Rahul Sharma and guided by our Regional Manager P.K. Sharma, also directly handled more than 200 cases before the High Court and State Consumer Forum. One noteworthy achievement during this period was successfully settling over 300 cases at the National Mega Lok Adalat, a testament to our effective legal management strategies.

    This experience marked my first significant endeavour into my professional career, providing invaluable lessons that have laid the foundation for my ongoing professional growth. The exposure to a multitude of cases, the intricacies of legal proceedings, and the collaborative efforts to achieve favourable outcomes have been instrumental in shaping my understanding of legal complexities.

    I am grateful to National Insurance for providing me with this opportunity, as it has been a pivotal chapter in my professional journey, instilling in me the skills and insights that continue to guide my career development.

    Your academic journey includes an L.L.M. in Human Rights and a B.A. L.L.B. (Business Law Hons.), along with a certification program on Harvard Manage Mentor. How do you believe this blend of academic pursuits has shaped your approach to problem-solving and leadership?

    My academic journey, comprising an L.L.M. in Human Rights, a B.A. L.L.B. (Business Law Hons.), and a certification program on Harvard Manage Mentor, has been instrumental in shaping a multifaceted approach to problem-solving and leadership.

    The L.L.M. in Human Rights has honed my understanding of legal frameworks and ethical considerations, fostering a deep appreciation for the nuances of human rights issues. This has equipped me with a compassionate and holistic perspective when addressing challenges, emphasizing the importance of ethical decision-making and social responsibility.

    On the other hand, the B.A. L.L.B. with a focus on Business Law Hons. has provided me with a strong foundation in commercial and corporate legal principles. This academic background has proven invaluable in approaching problem-solving from a strategic and business-oriented standpoint, ensuring that legal solutions align with broader organizational goals.

    Complementing these legal degrees, the certification program on Harvard Manage Mentor has enhanced my leadership skills. From this program, I gained insights into effective management practices, strategic thinking, and leadership development. It has empowered me to navigate complex organizational landscapes, fostering a proactive and forward-thinking approach to leadership.

    Together, this blend of academic pursuits has cultivated a well-rounded and adaptable problem-solving methodology. It enables me to approach challenges with a comprehensive understanding, integrating legal acumen, ethical considerations, and strategic business perspectives. This diverse academic background has been pivotal in shaping my approach to leadership, emphasizing the importance of empathy, strategic thinking, and ethical decision-making in addressing complex issues within the legal and business domains.

    Your participation in moot courts, debates, and pro bono activities has been commendable. Could you share a particularly impactful pro bono experience that left a lasting impression on you? 

    Certainly, during my time in law school, I actively engaged in a variety of extracurricular activities such as moot courts, debate competitions, and pro bono endeavours, understanding the importance of a well-rounded legal education.

    Participating in prestigious moot court competitions, including the Henry Dunant Memorial Moot Court Competition, Philip C. Jessup Memorial Moot Court Competition, Foreign Direct Investment International Arbitration Moot, and Willem C Vis Moot Court Competition, offered me a practical platform to hone essential legal skills. These experiences not only deepened my understanding of courtroom procedures but also significantly enhanced my ability to construct persuasive legal arguments, fostering critical thinking and oral advocacy skills.

    Beyond the realm of moot courts and parliamentary debates, I sought to apply my legal knowledge and skills to make a positive impact on society. During an internship at Senior Advocate K.T.S. Tuli’s office, I had the opportunity to briefly contribute to the Uphaar Cinema Case, where Senior Advocate K.T.S. Tuli was handling the matter on a pro bono basis. This experience, along with my overall internship, left an indelible impression on me as a law student.

    Witnessing the role of law as an agent of change in society, particularly in a pro bono context, reinforced my belief in the transformative power of legal advocacy. It underscored the notion that legal professionals have a responsibility to contribute to societal welfare by leveraging their skills for the greater good.

    Your role involves drafting crucial policies, vetting high-stakes agreements, and managing diverse legal challenges for your organisation. Can you highlight some key principles or methods that guide your approach to legal terminology and research?

    In the past year, my responsibilities have encompassed the drafting of crucial policies and SOPs, including those for IBC Matters, Transmission Line Works, and the Settlement of RoW Cases at POWERGRID. Additionally, my role involves the drafting and vetting of various agreements such as Consultancy Agreements, O&M Agreements, NDA, Novation Agreement, CSR MoUs/Agreements, Share Purchase Agreements, and Concession Agreements. Providing legal advisory services to management on a range of issues further adds to the complexity of my role. Throughout these tasks, my guiding principles revolve around precision and meticulousness. I emphasize clarity in legal terminology to ensure accuracy while making it comprehensible to all stakeholders. Thorough legal research remains foundational, involving a detailed examination of statutes, precedents, and industry-specific regulations. This approach ensures the robustness of my legal analyses, aligning it with the latest developments in the legal landscape. Moreover, I adopt a proactive stance, anticipating potential challenges and proactively mitigating risks. The integration of clarity, thorough research, and proactive risk management serves as the linchpin of my strategy, enabling me to provide effective legal counsel and contribute significantly to the success of the organization.

    Attending various workshops, seminars, and conferences, including those on arbitration, mediation, and managerial effectiveness, demonstrates your commitment to continuous learning. How do you balance your professional responsibilities with ongoing education and development?

    My approach to professional growth revolves around the belief that continuous learning and skill enhancement are pivotal elements within my control. Striving for ambitious goals necessitates a blend of hard work and smart work, and in line with this philosophy, I actively participate in various workshops, seminars, and conferences, with a focus on areas such as IBC, arbitration, Managerial Effectiveness, and Leadership. Balancing these educational pursuits with my professional responsibilities requires meticulous time management and strategic prioritization. I make a conscious effort to align chosen educational endeavors with the current needs and goals of my role, selecting programs that directly contribute to my professional growth and enhance my skill set. Furthermore, I leverage technology to participate in virtual events and online courses, allowing for flexibility without compromising the quality of learning. Regular self-assessment aids in identifying areas that require further development, guiding my selection of educational opportunities. Ultimately, this proactive and targeted approach allows me to integrate ongoing education seamlessly into my professional journey, ensuring a harmonious balance between career responsibilities and the pursuit of knowledge.

    Could you share some of your favourite ways to relax and recharge outside of work? 

    Outside of work, I find relaxation and rejuvenation through various activities that resonate with my interests and passions. A significant part of my leisure time involves watching and playing sports, fostering a healthy balance between physical activity and recreation. Additionally, I closely follow Indian politics, harboring an aspiration to delve into election strategist akin to Prashant Kishore, a realm I find intellectually stimulating. Expressing my thoughts and perspectives, I channel my creativity into writing blogs that span a diverse range of topics, including philosophy, politics, happy living, and food.

    I also consider myself a proficient cook and take pleasure in preparing delicious dishes for my family and friends, exploring different culinary experiences. The joy of travel is another aspect of my life outside work, as I enjoy exploring new places and immersing myself in diverse cultures. Lastly, my love for engaging in meaningful conversations has led me to make friends from various walks of life, providing a rich tapestry of experiences and perspectives. These activities collectively contribute to my relaxation and recharge outside the professional realm, fostering a well-rounded and fulfilling lifestyle.

    As someone deeply entrenched in the legal domain, what advice would you give to the current generation aspiring to build a successful career, especially in the legal or managerial fields?

    For the younger generation aspiring to forge successful careers in the legal or managerial fields, my advice is grounded in personal experiences. Firstly, believe in yourself; no dream is too ambitious if pursued with dedication and hard work. Secondly. embrace the courage to take risks, a lesson I learned with time. Regretfully, hesitating initially limited my potential for success. Taking calculated risks can open unforeseen doors.

    Next, I would advise to develop a habit of active listening. It fosters effective communication and understanding, crucial in both legal and managerial domains. Moreover, persistence is key. I encourage the younger generation to persevere and learn from setbacks. In the legal and managerial arenas, tenacity often separates success from mediocrity. 

    Deviating from professional aspect, one personal advise I would give to younger generation is to take care of their mental health and build a supportive network of people. Seek close connections with whom they can have open conversations, receive honest advice, and feel accepted without prejudice. Imperfections are universal; find those who believe in you as you are.

    In summary, believe in your capabilities, embrace risks, cultivate active listening, gain practical experience through internships, persist in the face of challenges, and prioritize mental well-being through a supportive network. These principles have guided my journey, and I believe they can pave the way for a successful and fulfilling career for the aspiring generation.

    Get in touch with Sachin Yadav-

  • “The most rewarding aspect of having my own practice is that I get to pick my clients without having any pressures of meeting revenue targets, and I am able to create flexibility around work timings because I answer to only my clients”- Harini Subramani, Founder at HS Law & Associates

    “The most rewarding aspect of having my own practice is that I get to pick my clients without having any pressures of meeting revenue targets, and I am able to create flexibility around work timings because I answer to only my clients”- Harini Subramani, Founder at HS Law & Associates

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share with us your journey from being a financial journalist to becoming a corporate lawyer, and what inspired this transition?

    During my time as a reporter for Mint and the Wall Street Journal, I had to specifically track investment banks and write on mergers and acquisitions. As a primer, one of my sources suggested I read ‘Barbarians at the Gate’; that along with my conversations with bankers and private equity professionals got me hooked into the world of M&As. I was eager to explore the other side. 

    I had initially tried my hand at investment banking but the mundane work of creating spreadsheets and data analysis as an everyday role didn’t much enthuse me. Within a week though, I joined a boutique law firm and pursuing a business law programme at NLSIU parallely seemed natural. The law firm had a highly motivated team and enabled a varied exposure in corporate law – I learnt trademark application processes, commercial contracts drafting including transaction documents and base arbitration. I continued to write for Your Story occasionally. I had the best of both worlds and was learning something new everyday. I decided to stick on and take each day as it came.

    Given your diverse background in journalism, economics, and law, how do you believe it has shaped your approach to practicing law, particularly in M&A and commercial law?

    So my late entry in the legal world has worked to my advantage given my journalism background. While my initial degree was in economics, a lot of my learning of the law, especially around the securities market and SEBI, was from my days as a financial journalist. Aside from reviewing the regulatory sites (like MCA, SEBI and RBI) for latest circulars / amendments on a daily basis, I would routinely follow corporate announcements on the BSE and NSE. Any seasoned reporter would tell you that it’s a goldmine for story leads. When I needed guidance to understand concepts, (luckily) as a journalist I could ask industry seniors to share their knowledge. I was fortunate to be ably guided by some bankers in the equity and debt markets; I’d go armed with a lot of questions for breakfast meetings. All of this helped lay the foundation to understand not just the law but also complexities / challenges of the M&A world. Now, as I sift through the laws, my ground work in economics helps review it from a policy perspective. 

    Could you tell us about a particularly challenging case or project you’ve worked on in your legal career, and how you navigated through it?

    Every project has its own set of challenges. While I wouldn’t want to name a particular case, I’d like to share that since I handle corporate and a few litigation matters, I find a dichotomy with respect to timelines and outcomes. Because litigation has its own procedures, and owing to its sometimes time-consuming nature there’s more thrill in setting expectations for faster closures in M&A or commercial negotiations. I have to consciously set my mind to a different frame for litigation. 

    You’ve been involved in drafting various agreements and advising on regulatory matters. What are some key considerations you always keep in mind when advising clients, especially in the realm of mergers and acquisitions?

    Create an internal priority checklist of terms and flag them off – i.e., understand from the client the aspects that they are absolutely unwilling to let go off vs less important points. Discuss the business angle in the transaction as it goes in tandem. If representing an acquirer, then go the extra mile for a thorough diligence on the target to ensure that at least the key industry specific permissions are in place, and forensics on the promoter are clean.

    Your experience spans from working with Vichar Partners to establishing your own practice. What motivated you to start your own firm, and what have been some of the most rewarding aspects of being an entrepreneur in the legal field?

    After my stint at JSA – given my unconventional background, it was initially challenging for 2 law firms to accurately gauge my skill set because I could be a rainmaker and yet not as seasoned as a partner. It was easier to get clients. And some industry seniors, entrepreneurs themselves, motivated me to begin on my own. My work with one of the senior partners at Vichar (Partners) had already exposed me to the ‘business management’ side and the transparent culture in my team at JSA also helped place many things in perspective. Being a first generation entrepreneur, I had nothing to lose by charting my journey on my own. The objective has always been one of learning. The most rewarding aspect of having my own practice is that I get to pick my clients without having any pressures of meeting revenue targets, and I am able to create flexibility around work timings because I answer to only my clients.  

    As someone who has contributed to agrarian policy and worked on projects funded by organizations like the UN World Food Programme, how do you see the intersection of law and policy-making, particularly in areas like food security?

    For countries that have faced depredations of famine and hunger under colonial rule, food-security is a very sensitive and key matter of policy. Emerging nations have to safeguard and sustain their agrarian ecosystems against OECD nations’ policies at an international level. At the same time they also have to increase yield, shield themselves against crop losses as well as shift populations away from agriculture and into industry. Policy-making is a vital exercise to attain this goal while the law attempts to provide safeguards for all stakeholders during this process.

    With your interests in tennis, dance, and cultures, how do you find these aspects complementing your legal career, if at all?

    Sports and the fine arts play a vital role in expanding one’s horizons and for agility. In my view, having a wide exposure to different aspects of the society exposes me to varied thought processes and perspectives thereby enabling me to become a better lawyer. They are also an easy way to switch off and relax.

    Considering your journey and expertise, what advice would you give to law graduates aspiring to specialize in corporate law, especially in the areas of M&A and commercial law?

    Go full throttle, always try to understand the issue at hand, do your own research (the law changes and nobody knows everything), never work on an empty stomach, and continue pursuing your hobbies. 

    Get in touch with Harini Subramani-

  • “The most important thing is we should not treat clients as a single point solution for all our financial needs, we should explain to them exactly what we are going to do and the win or lose situation”- Advocate Porkodi Karnan, Founder of Polax Legal Solutions

    “The most important thing is we should not treat clients as a single point solution for all our financial needs, we should explain to them exactly what we are going to do and the win or lose situation”- Advocate Porkodi Karnan, Founder of Polax Legal Solutions

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share the journey that led you to pursue a career in law, especially considering your background and childhood ambition?

    I am from a backward district of Tamilnadu and I am one among the four daughters of my parents. Everyone opted for various professions, but interestingly, this profession attracted me more, even in my young days.  The reason might be that the Sub Court campus at my native is existing near to my school.  I was going to school everyday by watching the court campus, with the busy advocates roaming here and there with robes.  I was very eager to know more about it and lots of questions came into my mind and the same were clarified by my father who was a teacher by profession and the entire outcome was that this is the only profession where I could question anybody, however giant he or she might be. Further I found this profession makes one closer with human problems. I am fond of moving with people and would like to be surrounded with people always. The litigation area turned out to be a good option for me. This is the main curiosity that pushed me to choose this profession as my childhood ambition approximately from my 6th standard onwards.

    With 25 years of experience in law, what inspired you to specialize in labor, service, and writ matters, particularly in the high court setting?

    Yes… after choosing law as my career, I did not have any clear idea initially. But while studying the Constitutional Law and Administrative law as subjects, my mind was very much obsessed with various decisions of the Supreme Court and High Courts questioning the excessive actions or inactions of the Government and that had driven me to concentrate my work in the High Court.

    Founding a law firm, especially one like POLAX LEGAL SOLUTIONS, requires vision and determination. What motivated you to take that step, and what challenges did you face in establishing and maintaining it?

    Being a woman, I had to balance both family life and profession, though my family is a supportive system for me. Sometimes our presence is very much needed at home to take care of our elders, kids etc. My husband, Mr.Ramar is also an advocate on the criminal side but I wanted to establish a separate office, though he is very supportive to me in personal life and professional life. I felt the necessity of someone to continue my cases even in my absence to justify my Clients.  The same was felt by my friend, Mrs.Lakshmi. We both used to help each other in all our cases from drafting to arguing. This went well and we both realised our compatibility and thus the concept of a Law Firm was coined.  The Firm was conceptualised into reality in the year 2013. We both had the determination to continue the profession without any break and that was the main reason for the concept of this Law Firm.  It is also time to show our young woman advocates that persuasion and patience in the profession would make you withstand forever. We have to create our own path to success. Moreover, since it was my childhood ambition to become an advocate, I have never felt any stress or depression in my professional life. As we face different cases, dealing with each case needs to be addressed individually and so I feel refreshed in each and every case. In fact I enjoy working and I don’t see any difficulty in family life and professional life. So go by what your heart says and life is so beautiful.  

    As a founder-partner of a leading law firm, what are some key lessons you’ve learned about leadership and collaboration, especially in an industry that traditionally has been male-dominated?

    In fact, we don’t feel any difficulty in running the firm as all the junior advocates associated with us were more co-operative, helpful and played a vital role in running our Firm. Legal profession is basically a 24 x 7 job and all of us were ready to work even at midnight, if it is necessitated by considering the urgency of the case. In fact, we created an atmosphere of joining together, working together, growing together and celebrating together. It enhanced our personal relationship also. 

    Being recognized as the only law firm with women advocates as partners running for 10 years is a significant achievement. Can you tell us about the importance of gender diversity and inclusivity in the legal profession from your perspective?

    Of course, it is a male dominated profession. When I entered into this profession during 2000, the daily cause list consisting of the list of cases published in Madras High Court consisted of 95% of male advocates names. And there were only a handful of women judges at that time, though there were well performing women seniors were found at Madras High Court. But going by the years, this trend has now changed.  In fact, I had not considered any of my co advocates, either male or female, as my competitor. I felt myself as the competitor and hence I never felt that I am running in a race along with male.  But, the way male advocates and even male judges look at the woman advocates is absolutely discriminatory. I can put an incident, one Mr.X, who is a sitting judge now, when he was an advocate made a comment to me that “a woman from a good family will not come for this profession”. This did not resist me or my character, but it made me change my perspective towards him.  One more incident to be pointed out, one of the senior advocates, who claims to be a progressive thinker,  threw a question that “from where and how do you get briefs?”. I don’t think that he could have put this question to any of the male advocates ever.

    -as in all the fields, there need not be any discrimination between male advocate or woman advocate,  and it should be termed only as “ADVOCATE”. An advocate is an advocate and where does the question of woman advocate or male advocate arise? We both are doing the same work with the same effort and determination. Even today, the Judges used to identify by saying “woman advocate”. We don’t want to be identified and we are advocates as such. 

    You’ve had the opportunity to work with esteemed companies as clients. Could you share some insights into maintaining successful client relationships and handling high-profile cases effectively?

    The issues of the clients should be given much more importance from the time of discussion with them till explaining the outcome of the cases. It is also needless to say that we have to let them explain the exact disputes or issues they are facing. Then only we can advise them of the legal solutions and we should not blindly follow their words without substantiating documents. The right legal advice given by you will make the Clients have confidence with you, sometimes, the advice could be not to initiate any legal proceedings. The most important thing is we should not treat them as a single point solution for all our financial needs, we should explain to them exactly what we are going to do and the win or lose situation. To be precise, proper legal advice, and  transparency are the key to retain your clientele. 

    Considering your extensive experience, what advice would you give to fresh graduates aspiring to pursue a career in law, particularly those interested in practicing in high courts?

    If litigation is your option, then  be ready to undergo proper training under the guidance of a senior; Be ready to work for 24 x 7; Be ready to do all the work in office, either it is drafting, research work or clerical work; get updated with latest decisions in important cases of your area of practice; spend more time in reading either case papers or the decisions related to cases; Knowledge is power in litigation so get equipped; consider each and every work as an opportunity as each and every single work done during this period would be an experience for you.  

    Get in touch with Porkodi Karnan-