Can you please share the story of what initially drew you to pursue a career in law? Was there a particular moment or experience that ignited your interest in this field?
To begin with, I had no one in my family who was a lawyer or who I could look up to for guidance in terms of a legal career. I’m a first generation lawyer who like most regular students was preparing for engineering at a point in time. It was only in class 12 when I realised that subjects such as Physics, and chemistry which were necessary for engineering were not my cup of tea. After finishing school, I just got an inkling towards Law so I started preparing for law entrance exams and happened to clear the entrance of IP University with a good rank so I decided to pursue B.A. LLB (H) from Amity Law School affiliated with IP University which was back then one of the top law colleges for pursuing law in India. And to this day, my passion in the field has grown every day striving to be the best in the field.
Your academic background shows a diverse range of legal coursework, from Criminal Law to Intellectual Property Rights. What led you to explore such a broad spectrum of legal disciplines during your education?
Throughout Law School, I had an inclination towards Intellectual Property Rights (IP). One of My internships during law school was at K&S Partners which is a boutique IP firm.
My internship at K&S laid the foundation of my interest towards IP by understanding the importance of the protection of IP in today’s era. Thereafter, I mostly interned in the field of IP in firms such as Lall and Sethi, Sai Krishna & Associates and Indus Law wherein, I got the opportunity to learn from some of the stalwarts in the field of IP. The experience gained during law school in the field of IP helped me secure a job at Lall Lahiri Salhotra (LLS) in their trademarks team where I learnt about the intricacies of Trademarks Law. However, I soon figured that this could not be my only area of practice and that my exposure could not be limited to the Trademark Registry. That in turn made me realise that I also need to explore other areas of law and especially litigation. I always had the zeal of appearing and arguing in court but being a first generation lawyer there was always an apprehension in the back of my mind about succeeding in litigation without any backing in the field whatsoever. After working at LLS for a year, I came across an opportunity at the Chambers of Mr. Sanjeev Bhandari (Former Special Public Prosecutor for CBI in Delhi High Court). I felt this was the right opportunity that would help me expand my horizon in law. Thereafter I was interviewed and I secured a job at his Chambers.
You’ve been actively involved in organizing legal awareness programs and events like the 1st National Debate Competition on ‘Rights of Homosexuals and the LGBTQ community.’ Could you tell us how these experiences influenced your perspective on the legal profession?
My college life at Amity Law School was very theoretical and not very vocational. Soon I realised that I would need to participate in other events as well to broaden my horizon and exposure in law. In the first year, I reluctantly participated in the mandatory moot court competition where I was selected as an extra candidate in case anyone in the first fifteen backed out.
That competition made me realise the importance of extracurricular events in law students ‘ lives. Thereafter, I participated in the 1st National Debate Competition on ‘Rights of Homosexuals and the LGBTQ community.’ Not only were the panellists some of the top names in the field of law but when I dwelled on the insights shared at such events, I realised that law is more than just the curriculum that we were studying. The objective of law is to take everyone’s interest into account without any bias to secure everyone’s rights. Later, in my practice, I keep that at the back of my mind while dealing with cases especially involving the marginal sections of society in mind.
Transitioning from your educational journey to professional experience, you’ve represented clients in various legal domains, including criminal trials, insurance claims, and intellectual property disputes. What motivated you to choose this diverse range of legal work?
My first job in the field was working as a contract consultant with Ernst and Young which was a direct college placement. It was a short stint that gave me a great insight into contract vetting and more importantly, that made me understand corporate culture which has been pivotal for me to deal with my clientele at Chambers of Jain and Kumar. Thereafter, at LLS working for MNCs, I understood the importance of right advisory, diligence and prosecution in the quest to protect their IP. Thereafter, at the same time, I also started feeling the need to broaden my horizon in law and not limit my scope to just Intellectual property rights so early in my career. Later working in the Chambers of Mr. Bhandari, provided me with a solid platform to learn about the complexities of white-collar crimes and banking laws from one of the best in the field. More importantly, I learnt the art of arguing in court and the importance of court craft while representing your Client’s brief.
The three jobs provided me with diverse experience to start my practice by the name of Chambers of Jain and Kumar with my other two partners Ms. Aarushi Jain and Mr. Yojit Pareek. We started this practice to build a full service law firm that could cater to all areas and aspects of law. Luckily, all three of us had different areas of practice coming from diverse practice backgrounds. I spearhead the litigation team in the firm wherein I represent MNCs, Corporates and Individuals in all domains of law in foras across the country up until the Supreme Court. The USP of our firm is to provide one stop solutions for all legal needs under one roof.
During your tenure at the Chambers of Mr. Sanjeev Bhandari, you were involved in complex litigations pertaining to a wide range of legal acts and codes. How did this experience shape your understanding of the intricacies of Indian law?
I owe a lot of my understanding of law to Mr. Sanjeev Bhandari. While assisting Mr. Bhandari, I was the only junior in his chambers. His Chambers provided me with the ideal platform to assist him in representing the Central Bureau of Investigation before the Delhi High Court in some of the most high profile cases in the country. That not only made me understand the optimal usage of time while preparing for a brief but also gave me the golden opportunity to appear against some of the stalwarts in the field. Also, with Mr. Bhandari being one of the leading counsels for banking law in Delhi, I got an opportunity to assist him in complex litigations before DRTs, High Courts and the Supreme Court.
You’ve also worked as an Associate in the Trademarks Team at Lall Lahiri & Salhotra, focusing on intellectual property rights. How has this experience impacted your perspective on the importance of protecting intellectual property in today’s world?
At Chambers of Jain and Kumar, one of our primary areas of Practice is IPR. In my tenure at LLS, while working on some of the well-known brands, I soon realised brand counterfeiting in India is a real issue that needs to be addressed. Today consumers in India with rising awareness relate to the brand and the quality that it brings along. However, to ensure that brand identity remains in place, the importance of IP in India has increased manifold in the last decade. In a developing economy such as ours, no small brand can become big without proper IP protection in place and no big brand today can survive without a good legal team that would advise on their prosecution, diligence and litigation.
In addition to your legal work, you’ve been engaged in pro bono activities, offering legal assistance to those in need. Could you share some insights into the motivation behind your pro bono work and its significance in your legal career?
We at Chambers of Jain and Kumar have a policy to do at least 5 pro bono cases every year. This goal was instilled in my mind back in time during my tenure with Mr. Bhandari working on criminal matters. On the criminal side in the Delhi High Court, I got the opportunity to observe cases of undertrials wherein I used to think in my head that if this particular aspect was presented in a better way, the results could’ve been different and therefore, probably better legal representation could’ve helped that person to protect his fundamental rights. This made me certain that at later stages of my career wherever possible I would try and represent the marginal section of society because law after all cannot be limited to people who can afford top lawyers. This was also one of the reasons that I applied for the Middle income panel on the criminal side of the Delhi High Court in my endeavour to achieve the goal of representing people who do not have the means but require quality legal support.
Finally, based on your journey from education to your current role, what advice would you like to offer to fresh law graduates who are just starting their careers in the legal field? What key lessons or principles have you learned that you believe would be valuable for them to know?
To all the first generation lawyers, one piece of advice that I always give is that the journey is difficult but it’s not impossible. You need a lot of patience, hard work and zeal but later on in your career, you reap the results of the hard work put in in the initial years of your career. Litigation is not only limited to drafting and arguing in court but knowledge and awareness of law plays a pivotal role. With laws changing every day in the form of new legislation and judgements, one has to keep abreast of whatever is happening daily and for that one must keep reading as much as possible to increase awareness which in turn helps to provide holistic advice to your Clients to represent your case in the best possible manner.
Can you share with us the pivotal moments and motivations that led you to pursue a career in law, from your academic achievements to your early experiences in the legal field?
Being born into a lawyer’s family, it was more likely that I would end up being a lawyer. However, apart from occasionally taking dictation from my father for his court matters, my exposure to law and litigation was quite limited. I was more inclined towards mathematics in school, which led me to pursue B.Com (Hons.) from Delhi University. My interest in law only piqued towards the fag end of my graduation when my interest in accountancy slightly waned. That is when I decided to join Campus Law Centre, Faculty of Law, Delhi University and study law. I truly embraced law only when I joined Luthra & Luthra Law offices after my graduation, where I got an opportunity to work on several high-profile disputes, connect with some of the brightest minds and occasionally enjoy five-star luxuries. Gradually, in the course of my journey, I have realised that a career in law apart from being a very effective vehicle for service to society, is equally remunerative and rewarding, and offers enough space and time to pursue other intellectual hobbies and interests as well. In hindsight, I feel I made the right decision to pursue a career in law as I could have never done a 9 to 5 job, or a regular government job. Being self-employed and creating job opportunities for others is very fulfilling and exhilarating at the same time.
You started your career at Luthra & Luthra Law Offices and then transitioned to independent practice. What were the key lessons you learned during your initial years in the legal industry, and how did it shape your decision to go independent?
Nearly a year that I worked with Luthra & Luthra was very rewarding and has stood me in good stead during all these years. It was there that I learnt to burn the proverbial midnight oil. On several occasions, after working the whole night, it would only be in the wee hours of the morning that I would come back home. Seeing the hierarchy of lawyers there classified as associates, senior associates etc., I realised that one cannot be in a secure environment for too long and the real challenge in law is to start independent practice. My father being a designated Senior Advocate also played a significant role in this decision. But he made it quite clear to me that your pedigree can only last you as long as you are able to satiate your clients and deliver results. Fortunately, quite early in my legal career, I understood that there are 100 lawyers pursuing 10 clients and that there is going to be stiff competition. And it is only sheer hard work that sets you apart from others. It also taught me to accept both good and bad with equanimity.
As an independent practitioner, you’ve worked on a wide range of cases, including arbitration, complex contract litigation, and various other areas of law. Can you share one particularly challenging case that tested your skills and knowledge and what you learned from that experience?
While there are many such cases and each case teaches you something new, I have a predilection towards my first case as an independent practitioner where I appeared before the Saket District Court and successfully argued a domestic violence matter filed against my client. I remember how I had gone fully armoured with three sets of case law and written notes of arguments and the other lawyers in the courtroom were quite astonished to see this level of preparation for an admission hearing, but that preparation kept me afloat and served me well. I was also commended by the learned Judge for my arguments who took me for a seasoned counsel. This experience taught me that no amount of preparation is too much and one should be fully conversant with the facts of the case supplemented by knowledge of the latest precedents on the subject. I cannot help but mention one of my first arbitrations in a tender matter for a PSU, which was one of the most fulfilling experiences in terms of the knowledge and skills that I acquired. More importantly, that case instilled a lot of self-belief and confidence in me. Another case close to my heart is one before the Orissa High Court where I resisted a petition for termination of the mandate of an arbitrator. I had to really think on my feet for that matter and pull a rabbit out of my hat. It is also true that every time you read a brief, you see a different angle to it and learn something new. Therefore, it is very important to read and re-read your brief.
Your involvement in the ‘ONGC vs. Afcons Gunanusa JV’ case was significant. Could you elaborate on the key aspects of this case and how it influenced your expertise in arbitration and the interpretation of the Arbitration & Conciliation Act, 1996?
The ‘ONGC vs. Afcons Gunanusa JV’ case was the consequence of looming uncertainty and opacity about the fixation of arbitration fees in ad hoc arbitrations in India. Though the Supreme Court in ‘NHAI vs. Gayatri Jhansi’ had upheld the agreement between the parties on arbitration fees as binding, no party dared to cross Lakshman Rekha of suggesting an appropriate fee to the Arbitrators. The Supreme Court finally laid rest to the fee conundrum in ONGC Afcons case and passed necessary directions on determination of arbitration fees; It particularly held that the Arbitral Tribunal does not have power to fix its own fees unilaterally and that the fees must be fixed at the inception of the proceedings to avoid unnecessary litigation and conflicts at later stage. This was truly a watershed case for me in many ways. The learning and lessons from assisting the then Attorney General for India, Mr. K.K. Venugopal, are for a lifetime; the opportunity of appearing before a Bench headed by the present Chief Justice of India and consisting of two future Chief Justices of India so early in my career; the satisfaction from intensive study, research and drafting and the sheer delight of participating in a landmark case is quite overwhelming. It taught me the single most important lesson- that a lawyer never ceases to be a student and it is essential to keep educating and updating oneself. More than the expertise in arbitration, it showed me how to develop command and competence in any branch of law.
You mentioned your academic background in commerce, which provides you with the ability to decipher complex financial statements and transactions. How has this background been beneficial in your legal career, especially in cases involving financial matters?
I honestly believe that background in commerce is helpful particularly when you are handling heavy stake arbitration matters. In any commercial dispute, there are two important aspects to the case: firstly, the party who is in breach and secondly, the measure of damages. It is the latter aspect, when you go into the proof and quantification of damages, i.e. financial claims, interest on capital, vouchers, ledger accounts, balance sheets, auditor’s report running into thousands of pages, that the knowledge of commerce comes in handy. I know quite a few brilliant lawyers who are not able to decipher basic P&L Account statements. I therefore recommend everyone to take a crash course in commerce, even if one has not pursued it at graduation level.
You’ve authored articles on a wide range of legal subjects. Could you share one article that you are particularly proud of and explain why it’s relevant in the legal landscape today?
Honestly, at the school level or college level, I never had any occasion or inclination to write any article. In fact, it was a very dear friend of my father-a retired bureaucrat, who motivated me to write even before I became a lawyer. He was editing a magazine in the early 2010s and gave me a platform to publish my articles. But out of the 25-30 articles that I have authored so far, it is very difficult to pinpoint one, yet I will pick my article ‘Suo motu cognizance: A panacea or a predicament?’ that was published in ‘Bar and Bench’ during the first wave of Covid. I honestly believe that this article continues to be relevant even today and ought to kindle more debate and discourse. I had received a great deal of appreciation for that piece of writing from many retired judges, senior counsels and colleagues.
Your experience involves working with various PSUs and handling different areas of law. How do you balance the diverse needs and legal challenges posed by your clients in the public sector, and what strategies do you employ to provide tailored solutions?
Dealing with PSU clients, as a matter of fact, is much more challenging than dealing with a private client and there are several reasons for this. In a PSU, there are various departments, namely marketing, finance, contract & procurement, HR etc. headed by a particular officer. At times, they are working at cross purposes unknown to them. If a dispute erupts against a contractor, all departments are interacting with the contractor speaking in different voices and tones; The process of harmonisation becomes a challenge. There is a vigilance angle in every case; you have to be doubly cautious while drafting pleadings for them. Unlike a private company, RTI applies to PSUs, any suppression or misstatement can land you in a soup. Remuneration is also meagre compared to private clients, but yet it is a delight to appear for PSUs because by and large the officers are upright, sincere and very well-educated and committed as well, although public perception is somewhat different.
Finally, what advice would you give to fresh law graduates who are just starting their careers in law? What skills and approaches do you believe are crucial for success in the legal profession, particularly in the context of your areas of expertise?
All that I would wish to say is that there is no substitute for hard work. I also maintain that a brilliant person may fail, but a hard working one can never fail. Proficiency in written and spoken English cannot be overemphasized. Of course, honesty and integrity are an absolute must, particularly when dealing with PSU clients. In a way, the legal profession requires no different skills than you would need in any other profession. It is hard work and honesty, coupled with a little bit of luck and maintaining level headedness and an affable demeanour throughout that will succeed.
Sir, can you share your journey from working as an Associate to becoming the Managing Partner at The Valid Points Law Offices? What motivated you to establish your own law firm in 2023?
Absolutely, I appreciate the opportunity to share this journey. The trajectory from an Associate to the position of Managing Partner at The Valid Points Law Offices is an intricate tapestry of professional growth, personal revelations, and a deepening commitment to my ethical practice, committed client service and effortless relationship management.
Starting as an Associate, I was initiated into the world of legal practice under the aegis of seasoned professionals. This foundational period was critical. My days were characterized by exhaustive research, drafting legal memoranda, interfacing with clients, and assisting senior attorneys in court proceedings. As an Associate, one learns not just the letter of the law, but its spirit. It was a period of intense learning, where every case and every client interaction added a new dimension to my understanding of the legal profession.
As years rolled by, I gradually climbed the ladder of hierarchy in the firm, transitioning from a Senior Associate to a Joint Partner. This phase was marked by increased responsibilities. I was now leading teams, handling more complex cases, and directly strategizing our approach to advisory and management roles. The transition also brought with it the need to mentor younger associates, something I found deeply fulfilling. It gave me an opportunity to give back, to share the insights I had gleaned over the years, and to shape the next generation of lawyers.
The decision to move towards the role of a Managing Partner was not one I took lightly. It was precipitated by a combination of factors. My vast experience, the trust and respect I had garnered from peers and clients, and an innate desire to shape the direction of the firm all played a part. As a Managing Partner, my role transcended beyond mere legal practice. It now encompassed administrative responsibilities, shaping the firm’s vision and mission, ensuring its financial health, fostering a conducive work environment, and setting high standards of professional conduct and ethics.
The year 2023 was a watershed moment in my career. The decision to establish The Valid Points Law Offices emanated from a deep-seated desire to craft a legal institution that was reflective of my beliefs and principles. Over the years, I had identified gaps in the legal service delivery model, areas that could benefit from innovation, and sectors that were underserved. The Valid Points Law Offices was conceptualized to address these very gaps. Another motivating factor was the rapidly evolving legal landscape. The dawn of the digital age, the globalization of businesses, and the increasing complexity of legal issues demanded a fresh approach, a new kind of law firm that was agile, forward-thinking, and deeply committed to excellence.
Furthermore, my interactions with clients over the years made me realize the importance of a client-centric approach. Clients were not just seeking legal advice; they were in pursuit of holistic solutions, of partnerships that added value to their endeavors. The Valid Points Law Offices was founded with the vision to be not just a law firm, but a trusted partner to our clients, an institution that stood by them through their challenges and triumphs.
In conclusion, the journey from an Associate to the Managing Partner has been both arduous and enlightening. It is a testament to the power of perseverance, continuous learning, and an unwavering commitment to the ideals of the legal profession. Establishing The Valid Points Law Offices in 2023 was a natural progression, a step towards shaping a law firm that was in sync with the needs of the modern world while being deeply rooted in the timeless principles of justice, integrity, and service.
With your extensive background in corporate and commercial law, what inspired you to focus on sectors such as e-commerce, edtech, fintech, and medtech? What unique challenges and opportunities do these sectors present from a legal perspective?
The transition of my focus to sectors like e-commerce, edtech, fintech, and medtech was not merely an arbitrary choice but a conscious decision influenced by a myriad of factors, both personal and professional. The proliferation of the internet and the ubiquitous nature of smartphones and digital devices have fundamentally transformed the way businesses operate and consumers interact. As a legal practitioner with a background in corporate and commercial law, it became imperative for me to remain au courant with these seismic shifts in the market and to understand their implications on the legal domain.
The surge in e-commerce is a direct consequence of the digital revolution. As brick-and-mortar stores gradually gave way to online platforms, new legal challenges emerged. Issues related to consumer protection, data privacy, cross-border transactions, and digital taxation became prominent. What further intrigued me about e-commerce was its inherent interdisciplinary nature. It amalgamated elements of contract law, intellectual property rights, competition law, and more. This confluence presented a rich tapestry of legal challenges and opportunities, making it an irresistible area of focus.
The edtech sector, or educational technology, represents the confluence of education and technology. My interest in this sector was piqued by its potential to democratize education. However, with this potential came a slew of legal challenges. IP issues in content creation, data protection of student information, regulatory compliance for educational institutions operating online, and issues related to accreditation and recognition of online degrees were areas that required legal navigation.
The financial sector’s evolution, spurred by technology, has been nothing short of revolutionary. Digital wallets, cryptocurrency, blockchain technology, and online banking platforms have radically altered the financial landscape. But with these innovations arose a plethora of legal issues. Regulatory compliance, anti-money laundering protocols, digital fraud prevention, and the legal status of cryptocurrencies were areas that demanded in-depth legal scrutiny. The dynamic nature of the fintech sector, coupled with its profound impact on the global economy, made it an area of both challenge and opportunity for a legal professional.
The medtech sector, encompassing innovations in medical technology, stood out due to its direct impact on human lives. With advancements like telemedicine, wearable health devices, and AI-driven diagnostic tools, the medical field witnessed unprecedented growth. But these advancements brought forth legal challenges. Patient data protection, regulatory compliance for medical devices, issues related to medical malpractice in the age of AI, and intellectual property rights in medical innovations became pivotal areas of concern.
From a holistic legal perspective, these sectors presented unique challenges. Given the nascent nature of these sectors, many jurisdictions grappled with regulatory ambiguities. Existing laws often fell short in addressing the unique challenges posed by these sectors, necessitating the formulation of new regulations or the reinterpretation of existing ones. The inherently global nature of digital businesses meant that they often operated across jurisdictions. This brought forth challenges related to jurisdictional disputes, cross-border taxation, and compliance with multiple regulatory frameworks. As businesses transitioned online, the volume of data generated skyrocketed. Protecting this data, ensuring its privacy, and navigating the complex web of data protection regulations became a paramount concern. With innovations driving these sectors, issues related to patents, copyrights, trademarks, and trade secrets gained prominence. Ensuring the protection of intellectual assets while fostering an environment conducive to innovation posed a delicate balance.
On the flip side, these sectors also presented immense opportunities. The dynamic nature of these sectors offered legal professionals an opportunity to craft pioneering solutions, draft innovative contracts, and play a role in shaping emerging legal doctrines. These sectors were not siloed. They offered an opportunity for interdisciplinary engagement, allowing legal professionals to collaborate with technologists, educators, financial experts, and medical professionals. Given the nascent nature of these sectors, there was an opportunity for legal professionals to contribute to policy formulation, ensuring that regulations were both progressive and protective.
In conclusion, my foray into sectors like e-commerce, edtech, fintech, and medtech was a deliberate response to the changing contours of the global business landscape. These sectors, with their unique challenges and opportunities, offered a fertile ground for legal exploration, innovation, and contribution. They provided a platform to not just practice law but to shape it, to contribute to its evolution, and to ensure that it remained a beacon of justice, fairness, and equity in an increasingly digital world.
Over the past two decades, you’ve advised clients on various aspects of Indian business
laws, including entry strategies and due diligence. Could you highlight a particularly
memorable or challenging project that stands out in your career?
My journey over the past two decades, entrenched in the intricate facets of Indian business laws, has been marked by a series of intriguing assignments, each contributing to my professional growth and broadening my perspective. However, if I were to spotlight one project that was especially memorable and challenging, it would be the advisory role I undertook for a major European conglomerate aiming to establish its presence in India’s renewable energy sector.
The early 2010s witnessed an uptick in global interest in renewable energy. India, with its vast geographical diversity and commitment to sustainable growth, emerged as a lucrative destination for investments in solar and wind energy projects. The European conglomerate, having made significant inroads in renewable energy in its home territory, sought to expand its footprint to the Indian subcontinent. Given the potential scale of the investment and the complexity of the Indian regulatory framework, this project was poised to be one of the most challenging undertakings of my career.
India’s renewable energy sector, though promising, was characterized by a rapidly evolving regulatory landscape. Central and state-specific policies, incentive structures, and licensing requirements necessitated a meticulous understanding and navigation strategy. Acquiring land for large-scale renewable energy projects is fraught with complexities in India. Navigating the legal intricacies of land rights, ensuring proper compensation, and addressing local community concerns were paramount. The conglomerate was considering partnerships with local entities. This necessitated exhaustive due diligence to assess the financial health, operational viability, and legal compliance of potential partners. Beyond the black-letter law, there were challenges related to understanding and navigating the Indian business ethos, cultural nuances, and negotiation tactics. India’s taxation laws, especially concerning foreign investments and profit repatriation, required careful strategizing to ensure compliance and fiscal prudence. Protecting the conglomerate’s proprietary technologies in a new jurisdiction involved understanding India’s IP laws and ensuring their robust enforcement.
Given the myriad challenges, a multi-pronged approach was adopted. We constituted a multidisciplinary team comprising experts in energy law, land rights, taxation, and intellectual property. This allowed for holistic strategizing and ensured that all facets of the project were addressed concurrently. Recognizing the importance of local insights, we engaged with local legal experts, community leaders, and industry stakeholders. This provided invaluable on-ground insights and facilitated smoother negotiations. Keeping the client abreast of developments, challenges, and potential solutions was pivotal. Regular briefings ensured that the client was well-informed and could make timely decisions. Given the scale of the investment and the uncertainties in the regulatory landscape, a robust risk mitigation strategy was formulated, covering potential regulatory changes, contract breaches, and unforeseen disputes.
After nearly two years of rigorous legal work, negotiations, and strategizing, the conglomerate successfully established its renewable energy venture in India. The project, today, stands as one of the most significant foreign investments in India’s renewable energy sector.
This project, beyond its professional intricacies, was a lesson in persistence, collaboration, and adaptability. It underscored the importance of understanding not just the letter of the law but its spirit. Engaging with local communities, understanding their concerns, and ensuring that the project was not just legally sound but also socially responsible added a dimension of fulfillment to the endeavor. In summation, this assignment, in its scale, complexity, and impact, stands out as a testament to the multifaceted nature of legal practice. It showcased the interplay between law, business, society, and ethics, and reinforced my belief in the power of legal professionals to shape, facilitate, and guide transformative ventures that have a lasting impact on economies and communities.
Given your experience in advising companies on anti-bribery laws and assisting in the
formulation of internal policies, could you share some insights into the importance of
compliance and ethics in today’s business landscape?
The realm of anti-bribery, compliance, and ethics represents a fundamental pillar in the edifice of modern business practices. In an era marked by globalization, digital transformations, and heightened public scrutiny, the imperatives of adhering to compliance standards and fostering a culture of ethics have never been more pronounced. My experience in advising corporations on these matters has offered a panoramic view of their intricacies, challenges, and undeniable significance.
To comprehend the current emphasis on compliance and ethics, one must glance back at history. The latter half of the 20th century saw a series of corporate scandals, frauds, and instances of bribery that shook the global business community’s very foundations. These events, apart from their immediate economic ramifications, eroded public trust in businesses and underscored the need for robust regulatory frameworks and internal corporate governance mechanisms.
Many jurisdictions worldwide, including the U.S. with its Foreign Corrupt Practices Act (FCPA) and the UK with its Bribery Act, have instituted stringent anti-bribery regulations. Non-compliance with these regulations can lead to severe penalties, both financial and reputational. For businesses operating in multiple jurisdictions, understanding, and adhering to these varied regulations become paramount. In today’s digitally interconnected world, a company’s reputation is one of its most invaluable assets. Instances of bribery or ethical lapses can tarnish this reputation, leading to lost business opportunities, diminished customer trust, and a potential decline in shareholder value. A strong compliance framework is not just about avoiding penalties. It can enhance operational efficiency by streamlining processes, reducing redundancies, and ensuring that all business activities align with regulatory requirements. Comprehensive anti-bribery policies and ethical guidelines serve as a bulwark against unforeseen risks. They provide a roadmap for employees, delineating acceptable behaviors and actions, thus mitigating potential legal and operational hazards.
Assisting companies in crafting their internal policies has revealed certain universal truths. While there are common principles, each company is unique in its operations, culture, and challenges. Internal policies must be tailored to reflect this uniqueness, ensuring they are both effective and implementable. The formulation of policies should not be a top-down approach. Engaging with various stakeholders, including employees, management, and even external partners, can provide valuable insights and foster a sense of collective ownership. Policies, once formulated, are not static documents. Regular training sessions, workshops, and seminars are crucial to ensure that all members of the organization understand, internalize, and adhere to these guidelines. The business landscape, regulatory environment, and societal expectations are in a state of constant flux. As such, internal policies must be periodically reviewed and updated to reflect these changes.
Beyond the black and white of legal compliance lies the gray area of ethics. Ethical considerations, while often intertwined with legal ones, delve into the realm of moral imperatives and corporate social responsibility. Adhering to ethical standards fosters trust among stakeholders, be it customers, shareholders, employees, or the community at large. While unethical practices might offer short-term gains, they are invariably detrimental in the long run. An ethical approach ensures sustainable growth and long-term business viability. Today’s businesses are not mere economic entities. They have a social responsibility, a commitment to the broader community, and the environment. Ethical guidelines often encompass these responsibilities, ensuring businesses contribute positively to society.
In conclusion, the interplay of anti-bribery laws, compliance, and ethics in the contemporary business milieu is profound. It reflects a collective realization that businesses, beyond their profit motives, have a duty to uphold. This duty is towards their stakeholders, the legal frameworks they operate within, and the very fabric of society. My experiences have only reinforced the belief that businesses that embed compliance and ethics into their core DNA are not only better positioned to navigate legal challenges but are also more attuned to their broader purpose and societal role. The importance of this triad – anti-bribery, compliance, and ethics – cannot be overstated, for it is the bedrock upon which sustainable, responsible, and impactful businesses are built.
Your career spans roles in different law firms across multiple cities in India. How have
these diverse experiences shaped your approach to legal practice and leadership as the
Managing Partner of The Valid Points Law Offices?
The trajectory of my career, marked by engagements with diverse law firms across the multifaceted landscape of India, has been both an odyssey of professional growth and a journey of introspection. Each city, with its unique socio-cultural milieu, and each law firm, with its distinct ethos, contributed to the tapestry of experiences that have molded my approach to legal practice and leadership. Let us delve into the intricacies of this journey and understand its profound impact.
Geographical Diversities and Their Influence: India, often referred to as a subcontinent, is a mosaic of cultures, languages, and traditions. Each city has its rhythm, its challenges, and its opportunities. Working in Delhi exposed me to high-stake litigation, intricate corporate transactions, and a clientele that included multinational corporations and high-net-worth individuals. These cities, being the epicenters of commerce and politics, provided insights into the nuances of complex legal matters, ranging from mergers and acquisitions to international arbitrations. My tenure in cities such as Chennai and Bengaluru offered a different flavor. With their burgeoning IT industries and startup ecosystems, the legal challenges here were distinct. Intellectual property rights, tech contracts, venture capital, and startup regulations became focal points. Beyond the professional realm, each city imparted lessons in cultural understanding. Navigating client relationships, understanding local business etiquettes, and even courtroom dynamics varied significantly across regions.
Diverse Law Firm Cultures: Each law firm, much like an individual, possesses a unique character – an amalgamation of its history, its leadership, its successes, and its failures. Engaging with legacy law firms, with their storied histories and established practices, was akin to walking through corridors of tradition. These institutions emphasized rigorous legal research, impeccable drafting, and a mentorship-driven approach to junior lawyers. Boutique firms, often specialized in niche areas, offered a different experience. They fostered a culture of innovation, agility, and deep specialization. Working in such environments honed my skills in specific domains, be it tax law, environmental law, or intellectual property. With the evolution of the legal industry, I also had the opportunity to engage with modern, progressive firms. These firms were characterized by their emphasis on technology, interdisciplinary collaborations, and a global outlook. They championed diversity, inclusivity, and often blurred the traditional hierarchies of legal practice.
Impacts on Legal Practice and Leadership: The cumulative experiences across diverse cities and firms endowed me with a holistic perspective. I learned to appreciate the macro and micro aspects of legal issues, understanding not just the legalities but also the broader socio-economic implications. Exposure to varied clientele, from tech startups to traditional family businesses, reinforced the importance of a client-centric approach. I recognized that legal services, beyond their technicalities, were about solutions, trust, and relationships. The ever-evolving nature of law and the diverse challenges I encountered underscored the importance of continuous learning. It became clear that a successful legal practitioner must be a perpetual student, always curious and always willing to adapt.
As I transitioned into leadership roles, my diverse experiences shaped my leadership philosophy. I championed a mentorship-driven approach, emphasizing collaboration, open dialogue, and a culture of mutual respect. Drawing from the progressive firms I had engaged with, I also became a proponent of technology adoption, diversity, and global collaborations. Working across firms also provided insights into the ethical dimensions of legal practice. Encountering situations of moral ambiguity, witnessing instances of impeccable integrity, and sometimes, unfortunately, lapses in judgment, I realized the indispensable importance of ethical grounding. It became clear that a law firm’s reputation, its most invaluable asset, was built on the bedrock of ethics, integrity, and unwavering commitment to justice.
In summation, my journey across the length and breadth of India’s legal landscape has been profound. As the Managing Partner of The Valid Points Law Offices, these experiences serve as both a compass and a beacon. They guide my decisions, shape my interactions, and influence the very ethos of the firm. Each city, each firm, and each case encountered over the years has been a lesson, a story, and a stepping stone towards crafting a legal practice that is not just about statutes and judgments but about people, principles, and purpose.
You’ve been involved in various dispute resolution processes, including mediation and
arbitration. Can you discuss the advantages of these alternative dispute resolution
methods and when they are most effective for clients?
My engagement with dispute resolution processes over the years has provided me with a vantage point to appreciate the intricate dynamics, advantages, and potential limitations of alternative dispute resolution (ADR) mechanisms, chiefly mediation, and arbitration. The realm of ADR, with its promise of offering avenues beyond traditional litigation, has always intrigued me, both as a practitioner and a proponent of effective legal solutions. I am a trained mediator.
Mediation – The Collaborative Dialogue: Mediation, at its core, is a facilitated negotiation process. It hinges on the principle of collaborative dialogue, with a neutral third-party mediator assisting the disputing parties in reaching a mutually agreeable resolution. What always captivated me about mediation was its inherent flexibility and emphasis on preserving relationships. Given its non-adversarial nature, mediation is particularly effective in disputes where preserving the ongoing relationship between the parties is paramount. This is often witnessed in family disputes, business partnerships, and long-term contractual relationships. Mediation proceedings are confidential, ensuring that the nuances of the dispute, as well as any shared information during the process, remain private. This can be especially crucial for businesses and individuals concerned about reputational risks. Unlike the rigid procedural structures of courts, mediation offers flexibility. The parties can define the process, choose their mediator, and even delineate the boundaries of discussions. Mediation is faster and less expensive than traditional litigation. This becomes a significant advantage in scenarios where parties are keen on a swift resolution without the financial and emotional drain of prolonged court battles. Mediation is particularly effective in situations where the parties have an interest in preserving their relationship or where the dispute involves subjective issues, such as feelings, perceptions, or miscommunications or where is a desire for a swift and confidential resolution.
Arbitration – The Private Adjudication: Arbitration is a process where disputing parties agree to be bound by the decision of an arbitrator (or a panel of arbitrators). It is akin to a private court proceeding, where the arbitrator plays a role analogous to that of a judge. My engagement with arbitration often involved high-stakes commercial disputes, where parties sought a specialized adjudication process.Parties can choose arbitrators with specific expertise relevant to their dispute. This is particularly advantageous in complex technical or commercial disputes where specialized knowledge can aid in a more informed decision-making process. Parties have significant control over the arbitration process. They can decide on the rules, the venue, the language, and even the applicable law. Thanks to international conventions like the New York Convention, arbitral awards are enforceable in over 160 countries. This makes arbitration particularly appealing for cross-border disputes. Like mediation, arbitration proceedings are confidential, protecting the interests of parties concerned about public disclosure. Arbitration is especially effective when the dispute involves technical or specialized knowledge, parties intend to seek a final and binding resolution, the dispute spans multiple jurisdictions and there is a need for an enforceable decision across borders and there is a preference for a structured yet private adjudication process.
Throughout my professional journey, I have always been an advocate of choosing the right tool for the right task. While litigation has its place in the dispute resolution spectrum, the advantages of ADR mechanisms like mediation and arbitration are undeniable. They offer parties an opportunity to craft their narrative, define their process, and seek resolutions that are not just legally sound but also emotionally and commercially satisfying. However, a note of caution I often share with clients is that ADR’s success is contingent on the willingness of parties to engage in good faith, the competence of mediators or arbitrators, and the nature of the dispute itself. There are scenarios where traditional litigation might be more apt, especially when there is a need for judicial precedent or when the power dynamics between parties are significantly skewed.
In conclusion, my experiences with mediation and arbitration have reaffirmed my belief in the power of dialogue, the importance of specialized adjudication, and the potential of alternative avenues in delivering justice. In an ever-evolving legal landscape, ADR stands as a testament to the commitment of the legal fraternity to innovation, efficiency, and the timeless pursuit of equitable resolutions.
With your expertise in data protection and privacy laws, could you elaborate on the key
considerations for businesses operating in the digital age to ensure they are compliant
and protect sensitive information?
In an era emblematically dubbed the “Information Age”, data has emerged as the new currency, driving economies, shaping businesses, and influencing socio-political landscapes. My foray into the domain of data protection and privacy laws was not just a mere professional inclination but a response to the clarion call of the times. The confluence of technological advancements, the proliferation of digital platforms, and the inherent value of data have made data protection and privacy paramount. Let us embark on an elucidation of the vital considerations for businesses in this digital epoch.
The first order of business is to understand and navigate the labyrinthine world of data protection regulations. Numerous jurisdictions have instituted robust data protection frameworks like GDPR (General Data Protection Regulation) in the European Union that has set a benchmark for data protection, influencing similar legislation worldwide and now India’s Digital Data Protection Act, 2023 that reflects data protection and privacy practices tailored to the Indian context.Businesses must ensure they are conversant with the regulations pertinent to their operational regions. This often necessitates a multi-jurisdictional compliance strategy, especially for businesses with a global footprint.
One of the foundational tenets of data protection is the principle of data minimization and purpose limitation. Businesses should collect only the data that is necessary and use it solely for the purpose for which it was collected. This principle serves a dual purpose – it minimizes potential risks associated with data breaches and ensures regulatory compliance. Transparency is the bedrock of trust. Companies must be forthright about their data processing activities. Clear, concise, and comprehensible privacy notices, detailing the nature of data collected, the purposes of processing, and the rights of data subjects, are indispensable. The digital realm, while replete with opportunities, is also fraught with threats. Cyberattacks, data breaches, and unauthorized access are ever-present dangers. Implementing robust cybersecurity measures, ranging from encryption to intrusion detection systems, is non-negotiable. Regular audits, vulnerability assessments, and penetration testing further fortify these defenses.
Modern data protection regulations champion the rights of data subjects. These include the right to access, rectify, erase, and port one’s data. Businesses must institute mechanisms to honor these rights, ensuring timely and effective responses to such requests. In our globalized world, data often traverses borders. Such international data transfers are subject to stringent regulations, especially when moving data from regions with robust data protection laws. Mechanisms like Standard Contractual Clauses, Binding Corporate Rules, or adequacy decisions become pivotal in ensuring compliant data transfers.
In today’s interconnected business ecosystems, data often resides with or is processed by third-party vendors. Due diligence during vendor selection, coupled with stringent data protection clauses in contracts, ensures that the data’s sanctity is maintained throughout the supply chain. Often data breaches are a result of human errors or oversights. Regular training sessions, workshops, and awareness campaigns for employees ensure that they remain the first line of defense against potential data mishaps. Despite the best precautions, breaches can occur. Modern regulations often mandate timely breach notifications to both regulatory authorities and affected data subjects. Having a well-defined breach response and notification protocol is critical. The realms of technology and data protection are in a state of flux. What is deemed compliant today might be obsolete tomorrow. Regular reviews, updates to data protection policies, and staying abreast of regulatory changes ensure that businesses remain compliant.
Throughout my engagements with data protection and privacy, a recurring epiphany has been the realization that data is not just a mere digital entity. It reflects individuals, their identities, their preferences, and their lives. Protecting this data is not just a legal obligation but a moral one. Every byte of data entrusted to a business is a testament to the trust individuals place in that institution. Upholding this trust, ensuring the sanctity of this data, and navigating the intricate web of regulations is not just a professional challenge but a profound responsibility. In summation, as we navigate the digital age, the imperatives of data protection and privacy become not just legal checkboxes but pillars of ethical business conduct. They represent a commitment to individuals, a reverence for their digital footprints, and a pledge to uphold the principles of transparency, integrity, and respect in all data-driven endeavors.
Lastly, as someone with a wealth of experience in the legal field, what advice would you
offer to recent law graduates who are embarking on their own career journeys in law and
looking to make an impact in their respective fields?
Navigating the multifaceted realm of the legal profession, with its myriad challenges and unparalleled rewards, has been akin to a Socratic journey for me, one filled with introspection, discovery, and continuous evolution. As I reflect upon this odyssey and gaze upon the eager faces of recent law graduates embarking on their own quests, a compendium of insights, lessons, and advice crystallizes, seeking to serve as a beacon for these fledgling legal eagles.
Embrace the Journey with Passion:Law, unlike many professions, is not just a vocation; it is a calling. It demands not just intellectual acumen but also a fervent passion. My initial years in the profession taught me that passion serves as the bedrock upon which perseverance, dedication, and excellence are built. So, to every nascent lawyer, I say, find your passion within the vast expanse of the legal field, and let it be the North Star guiding your journey.
Lifelong Learning is the Key:The edifice of law is in perpetual evolution, shaped by socio-economic changes, technological advancements, and the inexorable march of time. The academic rigors of law school, while foundational, are just the beginning. Embrace a mindset of lifelong learning. Attend seminars, engage with legal journals, and never let the flame of curiosity be extinguished.
Cultivate a Holistic Perspective:Law does not operate in a vacuum. It intersects with politics, economics, sociology, technology, and numerous other disciplines. Cultivating a holistic, interdisciplinary perspective enriches legal understanding and fosters innovative solutions. My engagements with complex cases were often illuminated by insights gleaned not just from legal times but from literature, philosophy, and even the arts.
Develop Robust Communication Skills:The power of eloquence, clarity, and persuasion cannot be overstated in our profession. Whether drafting a contract, presenting an argument in court, or negotiating a settlement, effective communication is paramount. Invest time in honing these skills – participate in moot courts, engage in debates, and never underestimate the power of the written word.
Build Relationships and Networks:The legal profession is as much about relationships as it is about laws. Building a robust network, nurturing mentor-mentee relationships, and cultivating camaraderie with peers can open doors, offer fresh perspectives, and provide invaluable support during challenging times.
Uphold Ethics and Integrity:In the grand tapestry of legal practice, the threads of ethics and integrity shine the brightest. They are the very soul of our profession. In every decision, every case, and every interaction, let these principles guide you. The trust of clients, the respect of peers, and the sanctity of our profession hinge on unwavering ethical conduct.
Embrace Technology:In our digital age, technology is revolutionizing legal practice. From AI-driven legal research tools to digital dispute resolution platforms, the confluence of law and technology is undeniable. Embrace these advancements, be tech-savvy, and harness the potential of digital tools to enhance your practice.
Resilience in the Face of Adversity:The path of legal practice is strewn with challenges – difficult cases, professional setbacks, daunting opponents, and moral dilemmas. In these moments of adversity, resilience becomes your greatest ally. Draw strength from past successes, learn from failures, and always remember why you chose this noble profession.
Continuous Self-assessment:Take yourself seriously and train yourself well. Periodically pause and introspect. Assess your growth, realign your goals, and recalibrate your strategies. This self-assessment ensures that you remain on your desired path and allows for course corrections when needed.
Give Back to Society:Law is not just a tool for justice; it is a force for societal betterment. Engage in pro bono work, contribute to legal education, and advocate for the marginalized. In giving back, you enrich not just society but also your own professional and personal journey.
As I offer this mosaic of advice, drawn from the annals of my experiences, I am reminded of my own nascent days in the legal realm, filled with trepidation and excitement. To every young lawyer embarking on this journey, I say cherish every moment, embrace every challenge, and always strive for the confluence of excellence, ethics, and empathy. The legal profession, in its essence, is a commitment to justice, a pledge to society, and a journey of self-discovery. May your legal odyssey be as fulfilling, enlightening, and impactful as you envision, and may you leave an indelible mark on the annals of legal history.
You’ve had a unique upbringing in Dubai, UAE, with a family history deeply rooted in the Gulf region. Can you share how your family’s background influenced your decision to pursue a career in law, especially given your early exposure to your mother’s law office?
I am the fifth generation rooted in the Gulf. My mother, with over two decades of legal practice in Dubai, paved the path in law for our family. My initial aspiration was mechanical engineering, driven by a deep passion for automobiles. However, due to my physics grades falling short, this dream was not achievable.
The idea of me becoming a lawyer was uncertain by my family and friends, as I lacked the skill of argumentation and experienced stage fright on major school events. Despite these doubts, I decided to study law in India.
During my third year of law college, I began interning with an independent advocate, exposing myself to the courtroom dynamics, which gained my interest in the legal profession, particularly in Mumbai. This transition was challenging as I found myself having struggles equivalent to a first-generation lawyer in Mumbai, whereas people till date do look up to me as a second-generation lawyer.
You’ve worked on a wide range of legal matters, from property and municipal laws to consumer and society laws. Could you tell us about a case or project that you found particularly challenging or rewarding during your career so far?
Throughout my career, I’ve encountered various challenging legal cases, each case is unique in its own way. Cases representing a Promoter/Developer in an application under Section 11 of the Maharashtra Ownership of Flats Act (MOFA) before the District Deputy Registrar are challenging at times. These cases often presented intricate legal and factual complexities when opposing them. MOFA mandates a swift resolution within six months of filing, which can be very challenging at times as property laws, society laws and municipal laws have to be kept in mind. Section 11 applications under MOFA are conducted in a summary nature.
I vividly recall a last-minute briefing during the second lockdown, where I was assigned to represent trustees of a Public Trust in a matter listed before the Charity Commissioner the next day. The application sought suspension of trustees, and I requested a one-week adjournment. Despite the papers being voluminous and it not being an urgent matter keeping the pandemic in mind, the Tribunal granted time till the end of the day and kept back the matter, last on board. The bench felt that I shall prepare efficiently on such short notice. This wasn’t those types of matters where adjournments were sought by my clients or their erstwhile advocates.
When the matter was called out again, I strongly opposed and argued against the application for suspension of the trustees. As a result, the request for an interim suspension was denied and the order came in favour of the trustees.
That matter was challenging yet rewarding as today I am regularly briefed by the trustees before the Charity Commissioner and before the Hon’ble Bombay High Court.
Your work history includes being a Partner at Ajure Advocates & Co. and practicing independently. What led you to take on this dual role, and what advantages does it offer in your legal career?
Ajure Advocates & Co. is based in UAE which was founded by my mother. I manage the Firm’s operations in India. I decided to join the law firm to gain global exposure. I am working on attaining global presence.
There are several NRIs in the UAE facing legal concerns and disputes in India and it has been quite convenient for these clients to visit the UAE office and brief the lawyers there, who would further coordinate and brief me with their matters in India. This has proven to be quite efficient and also provided a level of confidence to the NRIs in UAE. This also works vice versa, as there are many clients here in India who have their branch offices of their companies or their properties in the UAE and other parts of the Gulf. They brief me with their legal queries and disputes for UAE and other parts of the Gulf.
Additionally, with regard to my work as an independent practitioner, my colleagues who either have independent practice or firm practice, brief me separately for their matters and I am thereafter able to attend to the same independently.
This dual role encourages connectivity on a global scale. During the pandemic, with the help of networking platforms and technology like Zoom, I got an opportunity to connect with lawyers all across the world.
As a legal professional with a focus on civil law and dispute arbitration, what strategies do you employ when helping your clients navigate complex legal disputes and reach favorable resolutions?
As a legal professional practicing in civil law and dispute arbitration, my primary goal is to always prioritize my clients’ best interests. In order to achieve this, it is necessary to hold conferences with the clients at the early stage of the dispute, to understand the specific outcome they require. Occasionally, during these conferences there is a disparity between the outcome expected by the client and the strategies advised by me. In such instances, it is important that I and my clients are on the same page. Ultimately, being on the same page with your clients is paramount in avoiding adverse orders.
After having conferences with the clients, I also hold brainstorming sessions with my team to determine the strategy, submissions and argument. While pleadings or written statements are being drafted, it is important to have the same drafted under instructions of the clients. I make it a habit to prepare written notes of submissions which includes dates and events in chronology form along with judgements relied. Written notes of submissions are quite helpful.
Additionally, credit also goes to the counsels appointed and my team of juniors who assist me in ensuring that the best outcome for our clients is achieved.
Your work history also includes a role as a junior counsel with various accomplished lawyers. How did these experiences shape your approach to legal practice and your eventual transition to becoming a Partner?
Every lawyer has a different and unique style of practice. Working with them has helped me grow as a professional. When you are a fresher, it is very important for you to find the right mentor and organization which can help you realize your abilities and nurture your potential in the profession. In fact, having the right guidance provides you with the confidence to make mistakes and learn from it in the process.
The seniors I had worked with were helpful. Needless to say, I learnt it the hard way which is best for the long run.
Practicing with an individual advocate not only boosted my legal knowledge but also helped me learn and understand how to operate your own firm. Working with a counsel was challenging when handling high-stakes matters or matters having issues on a law point where errors were not an option due to the close-knit legal community.
After working with such experienced seniors, it is not that I have become perfect in running my own firm or that I am a top notch lawyer today. I still make mistakes and am bound to make them. Today, at this juncture, being at this position, I learn from my own mistakes and make sure they are not repeated.
In your career, you’ve had the opportunity to appear before various legal bodies, from the Bombay High Court to the Debt Recovery Tribunal. Can you share some insights into the key differences and challenges you’ve encountered when practicing in these different forums?
Appearing before the Bombay High Court is different compared to appearing before the DRT, NCLT, District Courts, Family Court or Consumer Forum. A fresher can never start his practice directly before the Bombay High Court. Attaining experience by drafting, appearing and arguing matters before the District Courts and different forums is really needed. For instance, if you appear before the Bombay High Court in a matter pertaining to an Appeal from Order, challenging the impugned order passed by the City Civil Court, would be very difficult to practice it in the appellate side of the Bombay High Court unless and until you aren’t well-versed with the practice of District Courts. Similarly, matters before the original side of the Bombay High Court are of high stakes. Therefore, practicing before the Bombay High Court would not be easy until and unless and until you haven’t gained experience before the District Courts and different forums in conducting few matters.
When I started my practice with an independent advocate, I had the opportunity to appear before the District Consumer Disputes Redressal Commission. Gradually, I appeared before the State Consumer Disputes Redressal Commission. I further assisted my senior in one consumer complaint when he was arguing before the National Consumer Disputes Redressal Commission. Consumer Forums helped me gain confidence in my argumentation skills to appear before other Courts and Tribunals. Thereafter, I started with mentioning matters before the Bombay High Court after one year of appearances in District Courts and different forums which helped in increasing my confidence.
Finally, as someone with experience in personnel development and business administration within a law firm, what advice do you have for young lawyers and recent graduates looking to advance their careers and make a positive impact in their respective firms?
Law as a profession is very vast. Today, there are various law firms that have their specialization in different areas. Young lawyers can explore their opportunities depending upon their areas of interest.
Once associated with a law firm, avenues open to different sorts of exposure altogether. Working with their chamber colleagues ensures team work. This helps firms also as their clients are satisfied in the most effective manner.
My advice to young lawyers would be not to give up hope and just be patient even when things look bleak in their legal practice.
My advice to recent law graduates is to work hard, establish trusting professional relationships, and value ethics. The amount of time they give in this profession is their investment, which will give them great returns.
Law as a profession is growing. In the initial years, keep learning as priority instead of earning. Hard work always pays off.
Can you share with us your journey from your undergraduate studies in law at Christ University to pursuing an LL.M. at Tilburg University in the Netherlands and O.P. Jindal University, Sonepat? What inspired you to take this path?
Growing up in a household where both my parents are Ph.D. holders, my fondness for academics was always subconsciously ingrained. Having chosen law professionally, I was exposed to various philosophies and jurisprudences, which shaped my interest towards academia. Having said that, it was also important for me to not jump into LL.M. right after my undergrad and approach it like just another degree or as an exercise of CV building. It was really important for me to enjoy this process. So I decided to work for a minimum of three years and see for myself where my interest organically built. Even in my undergrad, I had the opportunity of being the Convener of Model United Nations Society and had consciously chosen to only do international moots like Oxford Price Moot- South Asia rounds and Jessup India Qualifiers, upon realising that I might not be able to learn much international law once I graduate and start litigating. Once I started practising, just like any other fresher, I had engrossed myself in learning law and court craft. With the unfortunate onset of COVID-19 pandemic in India, where courts and offices were operating in virtual mode, I was able to give space to my academic interests. It was then that I enrolled and completed various certificate courses on contract law, anti-discrimination and citizenship laws from Harvard Law School, Stanford Law School and the University of London respectively. In the meantime, I had also applied to O.P. Jindal University to pursue an LL.M. and was fortunate enough to get ERASMUS+ Scholarship and was sent as an exchange student for a semester to Tilburg University, Netherlands. The semester exchange at Tilburg University is certainly one of my fondest experiences, both personally and academically.
Your academic achievements, including the Gold Medals and Rank 1 recognition, are impressive. Could you tell us about some of the key experiences or strategies that contributed to your success during your LL.M. studies?
Personally, I think that one cannot and should not plan to top the course or win Gold Medals, at least while doing LL.M. At the cost of sounding preachy, it should be a natural outcome of one’s inclination, understanding and efforts put into that course. Having said that, what I personally think helped me to achieve Nani Palkhivala Memorial Trust Gold Medal, Savitri Jindal Merit Scholarship, Gold Medal for Academic Excellence and Rank 1 in Outstanding All-Round Performance in LL.M. was certainly the maturity that I garnered with my 4 years of practice, as against jumping into LL.M. right after undergrad. I was able to see the visible difference in my approach to law subjects in my undergrad and those in my Masters. Since I had chosen my area of interest to be human security and dispute resolution, it fell right in the midst of my prior work experience and academic interests. I was able to connect the dots much better than I could in my undergrad, which gave me an edge over the majority of the students who enrolled in Masters right after their UG.
You’ve worked on a wide range of cases in the Supreme Court of India, including some landmark ones. Can you share a memorable case or experience that had a significant impact on your legal career?
For this, I certainly have to thank Hon’ble Justice Ms. Neela Gokhale, with whom I was working, prior to her elevation as a Justice of the Hon’ble High Court of Bombay. Justice Gokhale had a wide range of matters from the lowest court to the highest court with an experience of over 30 years. Under her guidance, I worked on a variety of matters ranging from civil, criminal, and arbitration to matters of constitutional importance. One such case was Sakshi Bhattacharya v. Union of India where we had challenged various provisions of the Hindu Minority and Guardianship Act, 1956 since the Act did not deem the mother as a ‘natural guardian’ as against the father, amongst various anomalies. The research for this matter was astounding since a huge amount of literature had to be read and understood to get a perspective of the legislative intent, though archaic and colonial. This matter did have a significant impact on my understanding and approach to law as a young litigating lawyer. This did teach me that I did not have to be bound by the constraints of law if it is principally in breach of one’s fundamental rights. This also taught my younger self that I could and should question everything, including the laws in force to secure ends of justice. This certainly enhanced and nuanced my approach to every dispute, more so the ones before the Hon’ble Supreme Court since the aspect of substantial questions of law was involved in every appellate filing.
Your experience also includes internships and chamber experience with notable legal figures. How did these experiences shape your perspective on the legal profession, and what valuable lessons did you learn from them?
As a first-generation aspiring lawyer, I did intern in different offices with a variety of work. I interned with Mr. Amit Anand Tiwari, Advocate-on-Record, followed by World Wildlife Fund and Nishith Desai and Associates, Delhi to get a first-hand idea of how chamber practice differs from a corporate practice. It was only thereafter did I started interning with Justice Gokhale in my third year and continued to work with her until I started my own Firm and independent practice. Working with Justice Gokhale has been the biggest influence on my perspective on litigation and the justice delivery system. As an intern, I used to take dictation and would often be given a blank document to draft an affidavit/petition, without the benefit of a format to merely fill in. The biggest takeaway from the said exercise was that the template formats should be used for convenience and not in substitution for actual learning. It should not be the case that if a template format is not available, one is not able to draft. This is a practice I till date put my junior colleagues through. Despite having done a certain type of matter a few times, we were still made to re-read the same provision every time I did a new matter. As redundant as it might sound, but it always does wonders as one would interpret a certain word/ingredient of a section differently in light of the peculiar facts of the case. It was the aforementioned that made it easier for me to crack the Advocate-on-Record examinations on my first attempt.
As a founder partner of Vox Populi Legal, what motivated you to start your own law firm? Could you tell us about the focus areas and goals of your firm?
The idea of starting Vox Populi Legal [meaning Voice of the People] was long pending. It really grew in shape while I was doing my Masters in the Netherlands. As a first-generation young litigator, it is always hard to have a clientele flowing in clinically and to be substantial enough to learn and grow. To overcome this, I along with my friends from my UG started Vox Populi Legal, so that we could pool our resources to run our office and at the same time work together on a variety of matters to grow. Once we started working with each other, the influx of matters automatically increased and we were able to manage offices in three different cities- now grown to five. Vox Populi Legal is primarily a litigation firm which specialises in civil and criminal dispute resolution, arbitration, insolvency proceedings, intellectual property rights etc. from the lowest to the highest courts. Apart from the objective of rendering services to people throughout the country, we are also attempting to change how a law firm ought to work. We attempt to prioritise better work-life balance and mental health, while not compromising with the quality of service. We also strive to fairly compensate our junior associates and also our interns so that they remain motivated to perform optimally.
In addition to your litigation work, you have experience in arbitration. Can you explain the differences and challenges between litigating in court and handling arbitration cases?
Personally, I see arbitration and litigation in courts as two strong pillars of dispute resolution in India, though with its own limitations. While arbitration is predominantly founded on the principle of consent, litigation in courts may not necessarily revolve around consent- arbitration clause, appointment of arbitrator, seat of arbitration etc. That being said, arbitration is more flexible in terms of schedule and also spends more time on each claim made by the Claimants than what courts generally do. So essentially, arbitration demands a lot more attention from determining the timeline of proceedings, and schedule of fees to the smallest of the arithmetic detail to justify one’s claim. Though the general principle is to ensure least interference by courts in arbitration, one would often find themselves being in court against every order passed by the Arbitrator. The said ping-pong between the arbitrator and the courts would often lead to delay, which is antithetical to the idea of arbitration as an alternate dispute resolution itself. Thus as a practitioner, it is of utmost importance to constantly evaluate the needs of one’s client and choose forums and strategies accordingly.
You’ve published several research papers on various legal topics. Could you highlight one of your research findings or publications that you’re particularly proud of and explain its significance in the legal field?
Though I have had the privilege of having my work considered worthy of publication in esteemed journals, but the one I thoroughly enjoyed working on was ‘Report on Legal Assistance at the stage of Pre-Arrest’ for National Legal Services Authority [NALSA]. Having worked in cases involving criminal law from the stage of pre-arrest, the need for effective legal assistance became more glaring and obvious. For effective functioning of a vibrant democracy, equal access to justice is a sine qua non, not just after proceedings have been initiated, but also at the stage of pre-arrest. So essentially, legal aid serves as the contact point between law and people who are living in poverty and is a catalyst for social change. By way of the said report, various structural, qualitative, policy-based reforms were suggested to ensure prompt access to legal advice and assistance to guarantee a fair trial and the rule of law, keeping up with the latest technological advancements.
Finally, what advice would you give to fresh law graduates who are just starting their legal careers? What key principles or strategies should they keep in mind as they embark on their professional journey?
As a fresh law graduate in litigation, it is reasonable for one to feel ‘not sure’ about the field of law or type of practice one intends to partake in. But what is important is that one should not close themselves to learning new things constantly. In my opinion, a common mistake fresh law graduates often make is that they pre-define their area of specialisation, even before they try new fields. Though people might differ on this, I strongly feel that one’s specialisation should be determined organically wherein one ends up doing/enjoying a certain kind of matter a lot more than other. As a fresh law graduate, the best thing that one can do for themselves is that one has to be the ‘Master of their Brief’, without any exception. It is a non-negotiable that one ought to know every fact, every page, every document, and every law involved in the said matter, better than anyone else on the given day in the said courtroom. This will not only help a fresh graduate to be more confident but will also help one grow consistently. There is no shortcut to hard work in litigation. When the same is coupled with consistency and integrity, one would find results visibly quicker than the rest of the legal professionals. Having said that, one also needs to strive to maintain a healthy work-life balance and mental health to enjoy the journey of life-long learning.
Can you tell us about your journey into the field of law, particularly how you developed a passion for technology law and web3?
From my childhood I was always a tech Nerd, I still remember I would draw new smartphone designs, new kinds of computing devices in the back of my note books, and conduct odd experiments with my school best friends at his or my house. But then my family is a doctor’s family so got drawn into Medical & NEET entrance. But did miserably at entrances and got depressed and thought I can’t do anything in my life. From a bright student to a failure….life had taken a sharp turn, so my father suggested to study B.SC.LL.B where I would be able to study Science and Law together, and from my first class at Contracts and Constitution – Torts I fell love in law..and then GDPR came..so data privacy..and during 2019 into Web3 and this world…because I wanted to be part of this amazing revolution happening in Our technology, financial and social world.
Your background includes expertise in Cyber Ethics & Forensics. How has this specialization influenced your approach to technology law, and can you share any notable experiences from your work in this area?
As I was saying my course was in BScllb, so from start we were taught in law school ballistics, forensic physics, chemistry, Cyber forensics, bioinformatics, Toxicology and interned in 1st year in Chandigarh Central Forensic Science Laboratory, live place where the heinous Kathua Rape case’s forensics has been done, that propelled my interest in the junction of Law – Science & Technology. So these experiences and learning curve helped me to later on write a research paper on core tech policy issues which got international recognition, referred to in International – USA University Law journals, which was read coincidentally read by one of my then future seniors who hired me after a few years.
With your extensive experience in IP, Data privacy, AI Ethics, and Cyber Laws, how do you see these areas evolving in the context of emerging technologies like web3 and blockchain?
People have a very big misconception about Web3 & blockchain. That everything is this field is crypto currency. It’s much more than that…web3 blockchain are the jumps of what we have seen since 1990 when the internet started to become commercialized..when web2 happened in 2010-12 the social media started to take place. But it’s more than that because it’s disrupting conventional financial system, social ideology, macro and micro economy. And in this new order of law everything is moving..so IP, Data Privacy, AI Ethics, Cyber Laws all are part of it…your general civil litigation…corporate laws…criminal liability..Competition law…corporate governance..Banking law..capital markets all are part of it… these will be becoming more intertwined to each other, and we will see newer versions of every conventional law we have seen till now.
You’ve worked with top-tier law firms in different parts of the world. Could you share some insights into the challenges and opportunities you encountered while advising clients on complex cross-border technology transactions and crypto projects?
The biggest challenge is to be updated and be prepared for dynamic laws across the globe and how it connects and how it sometimes does not connect. For an example some clients want a bespoke corporate structure for their project to have banking in Singapore, some Money remittance license in USA, corporate tax free entity in Caymans Islands, treasury in BVI, sister one in UAE and IP in Bahamas. So you need to know not only those countries’ laws…all sorts of laws required for this…so you need to keep studying, updating yourself…keep researching..try to come up with innovative and long term beneficial plans for your clients. As I have been the young lawyer in the room of some senior folks….it needs more of your quick analysing ability and effort to be on toe to toe with their experience.
As someone who’s deeply involved in the world of Web3 and Tech events, could you highlight some recent developments in Crypto & TMT law that you find particularly fascinating or impactful for businesses?
There has been some big developments across the globe, starting with india’s Long due Data Protection Act and then with recent G20 Summit in India the G20 countries have called for global consensus based crypto and web3 regulations on this basis of recently published IMF – FSB Synthesis Paper on Crypto Policy. Then UAE with their forward thinking VARA & ADGM regulators coming up with some comprehensive regulatory frameworks and planning and Singapore and Hong-Kong are on the same path. And California and the EU are recently working on their AI regulations as well… every other country wants to regulate these emerging countries…but the countries who are acting first with pro innovation and ample light touch regulations are going to win the race of getting maximum business.
How do you balance your technical knowledge with legal expertise when representing clients in negotiations, drafting contracts, or advising on complex legal issues?
Most of my clients are seasoned entrepreneurs and Tech wizards. So it’s hard to be on their wavelength in a conversation about the technical side of the business connecting dots with law. So I keep Learning and keep using my background in core technology and science to bridge the gap between their technological solutions and my legal solutions. So complex technologies sometimes don’t have their pre structured legal solutions. So I always map their tech and their implications, jurisdictions, risks, solutions and then solve each challenge of them in a legal lense one by one and in the end connect the dots and give them the full picture legal solutions. It’s challenging and it’s exciting!
Given your belief in the transformative potential of AI and web3, what role do you see for legal professionals in shaping the future of these technologies?
People are either getting fearful that AI will replace their jobs or web3 will replace conventional business ecosystems or either People are ignorant that they should be detached from AI & web3. Both thoughts are wrong, you should embrace with awareness, you should harness the power of AI & web3 to take leverage and grow your capabilities and your business. Legal professionals need to be tech savy not to look smart…to be smart…because the solution needs to be digital..fast…smart and Tech driven nowadays and more in future.
Lastly, as a seasoned legal professional, what advice would you like to give to fresh graduates aspiring to pursue a career in technology law, especially in the context of the ever-evolving landscape of web3 and emerging technologies?
This field is new, unconventional but with mammoth potential. Don’t get caught in the dazzling rays in this field, try to understand and go deeper into this field, explore it and then choose this as a career. Be very quick in your approach. Because remember Technology always moves faster than Laws and regulations. So you need to be in tune with technology and sometimes go beyond it … ..it’s a highly innovative and exciting and challenging field…if you love to be at the forefront of writing the future legal world of a newly forming digital world … .take up web3, AI and emerging tech law…. Best of luck & After all it’s fun to be a lawyer in this space!!
Sir, can you tell us about your journey and how you ended up becoming a lawyer and Advocate-on-Record before the Supreme Court of India?
My journey in the legal profession started in my small hometown, Shikohabad, Uttar Pradesh. Despite hailing from the legal background, I initially found myself more drawn to the field of biology. The complexities of biology truly piqued my interest during those early days. However, fate had a different path for me, and in 2002, following my father’s steps, I decided to pursue my career in law. Little did I know that this decision would completely change my perspective and ignite a sincere passion for legal practice. I excelled as a student in my law school, and I was fortunate to have the valuable opportunity to extensively attend the civil and revenue courts and to also engage in case preparation right from my very first year in law college. I still have vivid memories of sitting in courtrooms, attentively hearing the lawyers’ arguments in unrelated cases, and diligently noting down the references of each judgment and provision cited during the hearing in my notebook. This enabled me to read most of the relevant judgments and provisions that may be used in a dayto-day practice and also gave me insights into the diverse categories of disputes. Also, my father encouraged me to regularly read the monthly law reports. He advised me to maintain a diary and write down the details of relevant judgments of each month. This not only helped me develop a good understanding of law but also improved my analytical skills as a student. Later, after relocating to Delhi, I decided to become the Advocate-on-Record before the Supreme Court of India and fortunately, I cleared it despite the challenges that came along with way. My journey has been enriching, and I am grateful for every twist and turn that led me to where I am today.
You started your career as an independent legal practitioner at the original side. How did this experience shape your approach to resolving civil-commercial disputes?
I joined my father’s practice upon completing my graduation and worked on civil cases ranging from personal and family disputes to those involving the government departments and also public sector undertakings. At the same time, I also started handling and arguing my own cases at the revenue side. These early experiences honed my legal skills. I still cherish a wise advice my father gave me during my first year in law school. He told me to first seek the answers in the Bare Act, Commentaries, and the Law Reports before approaching him for any guidance. This advice gave me a strong sense of self-reliance. Undoubtedly, practical experience plays a vital role in shaping one’s journey as a lawyer. Being a good lawyer entails not just knowing the concepts but also the practical aspects of litigation! My experience as an independent legal practitioner has significantly shaped my approach in handling civil-commercial disputes. I approach every case with empathy for my client and a deep dive into the intricacies involved. My passion for law, however, remains the driving force behind my career as a lawyer. While I fully acknowledge my responsibilities as an advocate and my duty as an officer of the court, I work with an outlook that the client has engaged my services to secure the victory, not merely to secure my best efforts.
Over the years, you have developed expertise in handling high-profile matters before various forums nationwide. Could you share some key insights or experiences from your practice that have had a significant impact on your legal career?
Having accumulated valuable experience in civil and revenue cases, I consider myself fortunate to have had the opportunity to work on and handle noteworthy cases that not only tested my skills but also contributed significantly to the enhancement of my legal expertise. Upon relocating to Delhi, the first case assigned to me was a high-profile multi-pleading international arbitration, seated in London, wherein the dispute between the parties was related to the oil and gas fields in the western cost of India. In the course of this arbitration, I had the privilege of working with some of the most distinguished legal counsel from both India and Britain, who imparted to me invaluable lessons and knowledge. In addition to that, I also worked on international arbitrations related to the transfer of technology in the defence sector. This experience provided me with invaluable firsthand insights into arbitration procedures in different jurisdictions, level of preparation required, and the working of the foreign lawyers/law firms. After joining Karanjawala & Co., I worked on several high-profile cases, and I am deeply appreciative of the firm for placing trust in me. I would love to share about two of these notable cases. First case, that has a special place in my heart, is the Centrotrade Minerals case. I did the matter during the last two crucial rounds before three-judge benches of the Supreme Court of India. This led to the two landmark judgments of the apex court wherein the apex court legalised the concept of two-tier arbitration in India and the gave a green flag to the enforcement of arbitral award passed therein. It was an experience I will always cherish. The entire team, including the senior advocate, dedicated themselves to the case, and thanks to the collective hard work, we were able to achieve a positive outcome in this matter. The other case is Essar Steel Insolvency, which has been one of the largest cases under the Insolvency and Bankruptcy Code 2016 (IBC) regime. I have had the privilege of being part of the core legal team at all levels and working closely on this case. It all started in 2017 from a small room in NCLT, Ahmedabad and ended with the approval of the resolution plan on November 15, 2019, in the magnificent Court No. 5 of the Supreme Court of India. These two years were quite intensive and exhausting, with numerous hearings and multiple rounds at NCLT, Ahmedabad, NCLAT, and the Supreme Court. In this case, we found ourselves navigating through the intricacies of a statute that was in its nascent stage. Back then, we did not have a privilege of case laws or commentaries to lean on for guidance. This added an extra layer of complexity to our preparations. So, our team used to engage in rigorous discussions, which often escalated into spirited debates on the various possible interpretations of the relevant provisions. It was an intellectual tussle that we willingly accepted. These debates were crucial to ensure that we put our best foot forward. The entire team put in an incredible amount of effort, and their collective dedication and hard work paved the way for the positive results we achieved in these matters. Throughout this process, our senior advocates also played a vital role by guiding us in making the well-informed decisions. This case holds special importance in my heart as the two landmark judgments played a decisive role in shaping insolvency laws in India.
You have an impressive track record in handling Corporate Insolvency Resolution Processes under the IBC. What drew you to this area of law, and how do you navigate the complexities of such cases?
Indeed, my voyage into the world of the IBC has been nothing short of fascinating. What particularly impresses me about it is how a financially distressed corporate debtor revives under the IBC, much like a phoenix that rises from the ashes. Also, the necessity to properly balance the interests of all stakeholders distinguishes these cases from other forms of disputes. I must that the sense of satisfaction that comes from navigating thought it, as a lawyer, is truly fulfilling. My approach to handling these intricate cases revolves around thorough no-nonsense preparation, which means having an in-depth knowledge of the applicable laws and the facts of the case. It is also important to stay informed on the insolvency law developments and to understand the industry-specific dynamics at work.
Your experience in international and domestic arbitration is extensive. Can you share some of the unique challenges and rewards of representing clients in diverse sectors during arbitration proceedings?
Handling arbitration, whether on an international or domestic level, has been a journey filled with both unique challenges and incredibly rewarding experiences. Each case presents its own unique set of complexities, technical nuances, and industry-specific requirements, and I have had the privilege of representing clients in a variety of sectors, both in India and overseas. Effectively navigating these difficulties requires an in-depth knowledge of the specific subject. It is undoubtedly difficult, but the joy that comes from consistently growing your legal knowledge is very fulfilling. One of the main challenges in arbitration is the rigorous preparation it demands. Every facet of the case, from building your case to producing evidence or conscripting your arguments, requires thorough research and meticulous preparation. However, the satisfaction of presenting a well-prepared case and achieving favourable outcome for the clients makes all the effort worthwhile.
As an accomplished lawyer, you have represented clients in various sectors, ranging from Real Estate and Healthcare to Information Technology and Pharma. How do you approach advising clients on legal matters in such diverse industries?
When it comes to advising clients in diverse industries, I approach it with a practical and clientcentric perspective. I believe that understanding the client’s commercial interests is fundamental. My professor used to remind us that law is a multidisciplinary subject, and you cannot truly become a legal expert unless you are ready to delve into the subjects where you have to apply your legal knowledge. What I mean to say is that while practicing law, lawyers come across various disputes relating to industries, ranging from technology to healthcare to real estate to defence, and so on. To give clients the best legal advice, it is essential for us to have the basic understanding of these industries and the difficulties they encounter. These days clients expect more than just a legal counsel, they want trustworthy lawyers who can guide them through the practical implications of the law on their businesses. It is not just about giving textbook advise, but also about understanding how the law is developing and impacting the industries in which the clients operate. This approach allows me to give practical and strategic legal advice to the clients, ensuring that their wants are met with tailored solutions.
You’ve been associated with well-known litigation firms like Karanjawala & Co. Can you talk about the significance of being part of such esteemed professional associations in your legal career?
My association with Karanjawala & Co. has been a transformative experience for me. The firm handles a wide range of cases, from high-stakes and complex commercial cases to straightforward family matters. It is certainly one of the best litigation firms in the country, and the opportunities it provides cannot be equated with anything else. Every case I handled or worked-on during my association with the firm, gave me an opportunity for my professional and personal growth. I want to express my sincere gratitude to my seniors/colleagues, both within and outside the firm, who immensely contributed to my growth as a lawyer. Throughout this journey, their support has been crucial.
Looking back at your educational journey, how did your LL.M. in Corporate Law & Governance from NALSAR University of Law contribute to your career growth as a lawyer?
After some years of practice, I decided to pursue post-graduation at NALSAR University of Law, Hyderabad. It was a crucial turning point in my academic career. The university provided a two-year masters’ program in Corporate Law and Governance. These two years not only gave me with invaluable insights, but also provided me with an alternative perspective that benefited my career as a lawyer. The unique mix of students and the presence of prominent faculty members from all around the globe made my experience at NALSAR very special. Apart from the academics, I understood the immense power of networking and the importance of building connections within the legal community.
Having accomplished so much in your legal career, what advice would you give to fresh graduates who are aspiring to succeed in the field of law? What qualities and skills should they focus on developing to excel in the legal profession?
When I reflect on my legal career, I realize that it is only the beginning. Having said that, and given my limited experience, my first and foremost advice to fresh law graduates is to work with sincerity and dedication, but also prioritize your health. This profession is stressful and draining and, therefore, selfcare is important. Second, establish a strong network of personal and professional contacts. These connections can provide crucial help and collaboration opportunities. Third, keep your client’s interest in mind at all times, try to understand their concerns from their point of view, and come up with sensible and ethical answers. Fourth, while your dedication to work is necessary, don’t forget to spend quality time with your loved ones. They sacrifice a lot for your success. Lastly, in our profession, English is gold, and it forms the foundation of effective communication at all fronts. Embrace it as your first language so that it would become a valuable tool for your legal journey.
You’ve had a remarkable career journey, receiving accolades and recognition for your work in the legal field. Can you share with our audience how you initially became interested in pursuing a career in law and what motivated you to excel in this field?
As a young child I was bullied quite a lot and at the age of 9 my then primary school teacher asked me to participate in a debate competition. During my participation in the competition my passion for arguing a case sparked within me. Thereafter I found that despite what topic I had been given to argue for I was able to succinctly argue same even if the topic given to me seemed to have all the odds stacked against it. My passion and desire to convey the message I argued translated into confidence that I had built up. It is safe to say that I was no longer bullied, I found my voice and I was able to stand up for myself. From the tender age of 9 I knew that I wanted to be a lawyer, I wanted to be a voice to those that felt they did not have one. As the years progressed, I joined my high school debate team and later I joined a toast master’s program in which I progressed to the final round. I competed with esteemed learners from other schools within the Kwa-Zulu Natal province, in South Africa. I scooped the best speaker award on numerous occasions, and I was a finalist at the United Nations Model Debate in Durban. I have never considered myself to be naturally gifted or talented and I owe my success to the hard work and sacrifices that I have made in my life. Personally, if I want to achieve a goal, I work toward it by setting my sights on it and taking the necessary steps to obtaining my desired goal. Having witnessed my hard work being rewarded further motivated me to keep setting goals and working toward achieving them.
Your experience spans various aspects of law, from compliance and litigation to intellectual property. Could you highlight a pivotal moment or project in your career that significantly shaped your professional development?
This would have to be successfully closing my first Mergers and Acquisitions transaction, in 2013, with a team of highly talented lawyers. I worked tirelessly for months on end (including weekends and public holidays) with little to no sleep at times to read, understand and draft various transaction documents. As an M&A lawyer there is nothing as gratifying as popping that bottle of expensive champagne once a deal closes. Very early in my career I was afforded the opportunity to manage an M&A transaction. This exposed me to different facets of the law and taught me invaluable lessons which in turn resulted in me being offered an associate position at one of the top legal firms in South Africa. I learnt from some of the best legal minds and, this undoubtedly shaped my career.
As Head of Legal and Director of TMF Corporate Services, you’ve been involved in mergers and acquisitions, contract negotiations, and managing legal risks. What advice would you give to young lawyers looking to navigate the complex world of business law successfully?
Sacrifice. Go the extra mile. Ask tons of questions and read, plenty! Especially as a candidate attorney. I was usually the first person to arrive at the office around 5h00am to get a kick start to my day and the last to leave. I made it know to the senior partners that I was willing and eager to learn. I took the initiative of pre-reading and preparing for meetings with clients in advance. I made notes and asked many questions and that is where I learnt the most. I also made lots of mistakes however I learnt from them and this equipped me to blossom into a well-versed lawyer. Despite being a mergers and acquisitions lawyer, I ensured that I learnt more about other aspects of the law. I believe that to best serve a client and the business industry you operate in you must be well-versed in all the aspects of law that impact on that client and business industry.
Given your extensive experience in legal compliance, what strategies or practices do you employ to ensure businesses align with statutory and regulatory principles while still achieving their goals?
I attend courses, webinars and have subscribed to legal resources which I read to ensure that I keep abreast with the ever-challenging laws that affect businesses. I also make it my duty to find out if colleagues have attended courses that could be useful to me in carrying out and best supporting an organization and clients and of course the “old fashion way”, legal research.
Intellectual property is a critical area in today’s business landscape. Can you provide insights into how you’ve effectively managed and protected intellectual property portfolios during your career?
As an in-house legal advisor, you need to ensure that you thoroughly understand the industry in which you operate. When I join an organization, I make it my duty to ask questions and enquire about the where, when, what, how and why. This early foundation affords me great insight into what the company does/sells and where (jurisdiction). Once I have established this I speak to the various divisions at the company and create an excel spreadsheet that allows me to track all existing intellectual property rights, including the logos’ renewal dates, whether they are still required etc. Whilst this seems like a simple and mundane task – it works for me and has enabled me to best manage IP portfolios in various organizations.
You’ve also been involved in legal research and writing. Could you share a memorable research project or legal writing experience that challenged your skills and knowledge?
A memorable research project involved me scrutinizing several legal textbooks and online legal platforms to find a legal precedent for a client. Almost 13 years later, I clearly remember the task was to establish whether quiescence amounts to acquiescence. In the case of Collen v Rietfontein (1948) “it was expressed that quiescence is not necessarily acquiescence and one party cannot, without the assent of the other, impose upon such other a condition to that effect.” After hours of research, I was convinced that there was no answer to assist our client however I continued to peruse case law and legal tools such as Lexis Nexis and I honestly felt like I hit the jackpot when I found a legal precedent that our client could rely on. This research project proved to be memorable for me because four other juniors and I were tasked with finding a precedent and I was the one who found it. I certainly scored brownie points with the senior partner I was working with at the time and the sense of self accomplishment was rewarding.
Balancing a variety of tasks within a challenging environment governed by deadlines and stringent regulations is undoubtedly demanding. How do you maintain your efficiency and professionalism under such pressure?
I have a systematic way of working but if you speak to any lawyer, they will tell you that whatever you plan to get done on any given day usually does not go as planned. The life of a lawyer is unpredictable. I work of lists with the aim of completing certain tasks within my workday, often something urgent crops up and I must amend my list. Personally, and I believe that all lawyers should follow suit, I manage expectations. When I receive a task, I enquire about the urgently of the matter for me to plan my workload efficiently and effectively but like I previously started most days do not go as planned. I have found that it is of utmost importance to be transparent with your client and business stakeholders. Communication is key! Once you build and maintain strong relations with your clients and business stakeholders by ensuring that when you commit to getting something done you do so and deliver on or before the proposed turnaround date, it becomes easier to ask for some grace if something more urgent pops up.
Finally, for our audience who may be fresh law graduates aspiring to achieve success in the legal field, what valuable advice or words of wisdom would you offer to help them kickstart their legal careers on the right path?
Never give up. The legal fraternity is cut-throat and people can be ruthless. I speak from firsthand experience when I say this however if you want to succeed in the legal profession you need to drown out the noise, put your best foot forward at all times and do not get deterred especially when it seems as if you are drowning and believe me it is so easy to fall down the rabbit hole and easier to throw in the towel but if you want to be a lawyer and a successful one at that then I advise you to persevere. Never lose sight of the fact that we serve as advisors, professional experts and knowledge leaders to our clients and the organizations we work in and as, we must endeavor to deliver our responsibilities with the highest level of ethics and integrity.
Sir, can you please share the story of how you initially became interested in law and what motivated you to pursue it as a career?
Funnily I come from a family of lawyers, being a fourth generation lawyer from both sides, so the “interest” in law has always been there, however, the journey to pursue the same was not so straightforward.
As a kid I always aspired to be a lawyer, however, once I completed my schooling, I decided against it and went abroad to study Business and Public Policy Management. When I came back, I joined a budget hotel as a part of their management team. Long story short, in 2008 the global recession hit and the investors in the business being non-residents wanted to liquidate their investments. That’s when I realised that I needed to have a professional degree handy as a back-up, even if I never wished to practise. I gave the entrance exam for Campus Law Centre, thankfully got through. I chose evening classes since I was working during the days, however, since that did not take up a lot of my time I started assisting in my dad’s office. Just basic stuff like making returns for individuals which led to basic preparation for representation before the appellate authorities.
The intrigue came from the dynamic nature of tax law with changes being introduced with every finance bill and the constant tussle between the department and the taxpayer whilst interpreting the same section. By the end of my 3-year course, I knew this was my calling and decided to join the profession.
With over 10 years of experience in the field of direct tax advisory and litigation, could you highlight a specific case or project that you found particularly challenging and how you successfully navigated it?
One case which comes to mind is the Honda Trading Corporation case, where I had the privilege to assist in, which was argued over a span of a few days before the Delhi Tribunal and actually led to an amendment being brought into the statute book. As a lawyer, the satisfaction one gets in such matters and the acknowledgement of the same whereby the legislature brings in amendments to overcome the judgement is something which cannot be expressed in words.
Tax law is known for its complexity. Could you explain your approach to helping high-net individuals and corporate entities in optimizing tax efficiency and managing compliance issues effectively?
Firstly, this notion of tax law being more complex than other laws is flawed. If one is honest and diligent in their subject, the complexity is of no consequence. If your basics/fundamentals are strong, nothing can stop you. This is evidenced by the fact that the greatest tax lawyers of the country do not necessarily have a tax background like the great Nani Palkhivala. Whilst I do agree that the dynamic nature of tax makes it challenging, that is precisely what also makes it interesting and exciting.
Coming back to your query, the Indian Tax Department is known to be one of the most aggressive departments world-wide, therefore, tax compliance ought to be a key consideration for any businesses. Till what is being done is within the four corners of the law, even if the position being taken is aggressive, should not deter the clients. That being said, one must be mindful of not being unrealistic under the garb of being aggressive. Hence, being primarily from a litigation background, the endeavour is to advice clients whilst keeping in mind the litigation exposures that I foresee and mitigation of the same.
You’ve represented clients before various judicial forums, including the Supreme Court of India. Can you share some insights into your strategies for building a successful track record in representing clients in high-stakes tax litigation cases?
The strategy is very basic and simple. Read – Re-read the files and Repeat!!
Be thorough on facts and the relevant legal provisions. Something which I have learnt from my mentor, Mr. Chopra over the years is that till date whenever we discuss any case, his first go is to read the relevant sections even if he has read them a thousand times. Trust me something as basic as reading the relevant provisions can sometimes lead to interpretations which you could not fathom earlier.
Secondly, ensure that all the relevant facts/documents are on record. Last but not least, court craft is extremely important in any litigation. Understanding which battle to pick and when to relent is extremely important. Harping on a point which apparently is not working, learn to let go and move on to the next one.
Your expertise spans various tax matters, including income tax, corporate tax, international tax, and transfer pricing. How do you keep up-to-date with the constantly evolving tax laws and regulations in these diverse areas?
First and foremost, read the bible (the Income Tax Act) again and again. I can’t emphasise that enough. Keeping a tab on the ever-changing landscape of tax laws is extremely hard, but I am lucky to be in a team in which our mentor ensures that we earmark time every week to discuss important judgements/circulars etc. which really helps. Plus, over time I have realised that such discussions with every member contributing with their point of view helps expand one’s opinions and understanding.
As Counsel, you’ve worked with both domestic and international clients. Can you discuss the unique challenges and opportunities you’ve encountered when advising international clients on Indian tax matters?
The client comes to you for the value-add you provide. The nationality of the client is of no consequence. The only difference, if any, which I have noticed is that in the cases of international clients, since they are not acquainted with the nature of litigation in India or Indian laws, it is important to be very transparent and clear in all communications and explain the strategy along with its rationale.
Finally, considering your successful career and diverse experiences, what advice would you like to offer to fresh law graduates who are just starting their journey in the field of law and tax advisory?
To be honest and speaking from experience, I would urge all fresh graduates to begin their career with smaller/boutique firms. The kind of learning and experience you will get there is unparalleled. Get the fundamentals clear and understand how things really work at the grass root level. This is something you will never learn in bigger firms. No matter how attractive big tier 1 firms sound, it is not recommended to begin your career there.
If your fundamentals are in place, everything will follow and fall into place. It is important to have a good mentor, as it plays an important role in your initial years. Honestly, I feel I have been extremely lucky in that department. I started my career with a boutique tax firm where my senior was known to begin his day at 4 AM. He always told me that by the time the world wakes up, half of his work was complete. So that’s one thing I held on to and till this day, I begin my day very early. Secondly, my mentor Mr. Deepak Chopra has always imbibed in us that you don’t leave your clients in the office. It is important to keep at it till you find the solution or to simply put, the value-add the client came to you for.
To sum up, if you are honest to yourself and your work, the world is your oyster.
Your journey in law has been quite impressive, with experience in various aspects of dispute resolution. Can you share with us what initially drew you towards pursuing a career in the legal field?
My journey into the legal field has been driven by a simple but unwavering passion. I am a first-generation lawyer, with no prior family ties to the profession. Despite not being the top student in school, I was determined to become a lawyer from an early age. Influenced initially by depictions in the media, I soon delved into the lives of real legal luminaries like Ram Jethmalani, Soli Sorabjee, and Shanti Bhushan. Convincing my father, who had reservations about the traditional image of lawyers, was a challenge. However, I explained the modern opportunities in law, from law firms to in-house roles, and he eventually supported my decision. In over six years of practice, I’ve never regretted my choice. Law has never been just a career; it’s been a transformative force. It has provided me with a new perspective in life, for which I’m profoundly grateful. To those considering a career in law, remember that it can open diverse doors and create a meaningful impact. Embrace your passion, work diligently and the legal profession may offer you a rewarding journey, as it has for me.
Over the years, you’ve gained expertise in Arbitration, Insolvency, Civil, Criminal, and Commercial Litigation. Could you tell us about a particularly challenging case you’ve worked on and the strategies you employed to achieve a successful outcome?
Upon completing my college education, I had the privilege to meet Mr. Manish Bishnoi, an established Advocate on Record. Although there were no immediate openings in his Chambers at that time, Mr. Bishnoi expressed his willingness to accommodate me in the future. Eventually, an opportunity arose when one of his junior associates departed, and he offered me a position in his Chambers. At that time, I was relatively inexperienced compared to most of my peers, but I was determined to learn and grow in the legal profession with my hard work and compassion. During my early years, I engaged in a wide range of tasks, including drafting applications, filing cases, and rectifying procedural issues. Mr. Bishnoi provided me with extensive dictations to help me grasp both the facts and legal nuances of each case. Over time, my confidence in drafting grew. One particularly challenging case that stands out from my early career involved the National Highways Authority of India (NHAI) and a dispute over a price escalation formula, which was litigated before the Hon’ble Supreme Court. NHAI had faced unfavourable outcomes in multiple Arbitral Tribunals, with Section 34 applications under the Arbitration and Conciliation Act dismissed, along with unsuccessful Section 37 appeals. NHAI then approached the Supreme Court via a Special Leave Petition (SLP). This case demanded extensive legal research, meticulous documentation, and countless late-night efforts. As a junior practitioner, I was responsible for reviewing case law, annotating relevant decisions, and preparing comprehensive compilations. The hard work paid off when the Supreme Court granted relief in the SLP, marking a significant victory for NHAI. This experience taught me the importance of diligence, thoroughness, and unwavering dedication in navigating complex legal matters. It reinforced my commitment to the legal profession and the pursuit of justice through meticulous legal practice.
From your work at different law firms, including your current position at Agarwal Law Associates, you’ve been involved in drafting pleadings, working with senior advocates, and appearing before courts. How do you manage the dynamic nature of court proceedings and the intricacies of drafting legal documents?
Embarking on my legal journey was an exciting challenge. From the outset, I was determined to learn and evolve as a lawyer. It’s important to acknowledge that a lawyer’s life is filled with demanding hours, often starting in court from 9:30 am and extending well into the afternoon, sometimes beyond. Following our courtroom commitments, we retreat to our offices or chambers to delve deeper into our cases.
In my case, before I start drafting, I adhere to a structured routine. I begin by thoroughly reviewing the Impugned order, the core of the legal dispute. I meticulously compile a concise yet comprehensive list of crucial dates, which serves as a foundational reference point. Once I have a firm grasp of the facts and have conducted extensive research on the relevant laws, I start to draft the petition.
Through my journey, I’ve come to appreciate that the List of Dates is akin to a legal compass; it guides the way through the drafting process, simplifying what can often be a complex endeavour.
You’ve also been a part of cases involving insolvency and bankruptcy matters. Given the complex legal landscape in this area, could you share some insights into your approach when dealing with such cases and ensuring compliance with the Insolvency and Bankruptcy Code?
In the initial years of my legal career, spanning until 2020, I hadn’t encountered a single Insolvency and Bankruptcy Code (IBC) matter. However, when I joined the Chambers of Mr. Nakul Mohta and Mrs. Misha Rohatgi Mohta, my very first assignment turned out to be an IBC case. Acknowledging the challenge, I fully immersed myself in the intricacies of the IBC and diligently studied the pertinent case laws in this specialized area. As I gradually grasped the foundational principles, my understanding of this complex subject deepened, and I can proudly say that I’ve played a role in several crucial judgments involving intricate IBC regulations.
This experience instilled in me a crucial lesson: the legal profession should never restrict itself to a single narrow field of law. Instead, we should remain open to exploring a diverse range of legal disciplines. While it might appear daunting initially, with unwavering dedication and a commitment to continuous learning through extensive reading and effort, any branch of law can become as intellectually stimulating and rewarding as the next..
Devansh, you’ve had the opportunity to work with various senior advocates and establish your presence in the legal community. Can you tell us about a mentor or experience that has significantly shaped your understanding of the legal profession?
I’ve had the privilege of working alongside prominent Senior Advocates who currently practice before the Hon’ble Supreme Court, including legal luminaries such as Mr. Mukul Rohatgi, Mr. Kapil Sibal, Dr. Abhishek Manu Singhvi and Mr. Shyam Divan, among others. What I’ve gleaned from these experiences is that each senior advocate has their unique approach to case analysis, and crafting a Briefing Note tailored to their preferences is essential. There is an abundance of wisdom to be gained from senior advocates, especially in their exceptional ability to bring depth and nuance to a case. On numerous occasions, these seasoned practitioners have unearthed critical points that may have eluded others.
The legal field is constantly evolving, especially with technological advancements. How have you incorporated technology and legal research tools into your practice to stay ahead and provide the best possible service to your clients?
Yes, technology has significantly permeated the legal field, and currently, physical files are virtually non-existent in my practice. I’ve transitioned entirely to digital files and documents. I must commend the efforts of our Hon’ble Chief Justice of India (CJI) in promoting the use of electronic devices, which has led to even senior advocates adopting iPads over traditional paper files. One noteworthy change worth mentioning is that senior advocates now request bookmarked and OCR (Optical Character Recognition) files instead of hard copies, a shift that has substantially reduced paper consumption. From filing to file service, everything in the Supreme Court has become electronic, and in my experience, nearly 50% of Supreme Court practitioners have embraced digital files.
Personally, I’ve become proficient in using software such as Adobe, PDF Expert and Liquid Text, enhancing my ability to read and manage files more effectively than was possible in the past. I recall numerous instances where case files spanned thousands of pages, making it exceedingly inconvenient to transport them to court. Now, everything is securely stored in the cloud, ensuring easy and instant accessibility.
Having recently cleared the Advocate on Record exam held by the Supreme Court, could you walk us through your preparation process and share any tips for aspiring lawyers looking to excel in their legal careers?
I recently cleared the Advocate on Record (AOR) exam conducted by the Supreme Court in December 2022. It was my first attempt, undertaken immediately after becoming eligible. Before delving into my preparation process, it’s important to provide some context about this examination.
The AOR exam is an annual exam organized by the Supreme Court. Simply put, passing this exam grants you the eligibility to file cases before the Hon’ble Supreme Court. Currently, there are approximately 3000 AORs. The exam comprises four subjects: Practice and Procedure, Ethics, Drafting, and Leading Cases. To pass, you must achieve a minimum of 60 percent marks in each subject. Typically, this exam is held in June each year. As it coincides with the start of court holidays in mid-May, candidates have approximately 25 days to prepare.
In the year I took the exam, there were no court holidays, leaving me with limited preparation time. However, if you are a regular practitioner at the Supreme Court, your need for extensive preparation is diminished. Most aspects, including procedures and leading cases, are already familiar to you. Your goal is to refresh crucial aspects of each subject so that key points are readily accessible.
The most critical element for success in this exam is your writing proficiency. The AOR exam is primarily a written test, and the time allocated is relatively short. Therefore, to complete the exam successfully, you must have legible handwriting and maintain a good writing speed. This skill is essential to effectively address the examination’s demands
Throughout your journey, you’ve navigated different law firms and areas of practice. What factors do you consider when choosing the cases or clients you take on, and how do you ensure a balanced workload?
In addition to my full-time commitment at Agarwal Law Associates, which is a prominent Supreme Court litigation firm, I have managed to handle practice of my private cases. Learning from initial mistakes, I’ve adopted a strategy of exclusively handling Supreme Court matters. This decision ensures that I can consistently meet the demands of my casework, as timely attendance at other courts might pose challenges. My principle is to prioritize the firm’s work above all else, reserving nights and weekends for my private matters. So far, this approach has proven effective without significant difficulties. In my view, the primary consideration in taking on a case is whether I can deliver complete and impeccable service. It is paramount that clients do not harbour doubts that someone else could have handled their matter more proficiently. I am committed to ensuring that every case receives the utmost attention and diligence, aimed at achieving client satisfaction and upholding the highest standards of legal representation.
Lastly, what advice would you give to fresh law graduates who are just starting their careers and looking to make a positive impact in the field of law?
The field of law is not merely a subject learned from textbooks; it’s a practical domain that relies heavily on common sense. Throughout my journey, I’ve been consistently reminded by mentors that there are no shortcuts in the legal arena. Success hinges on relentless hard work and unwavering consistency. To the fresh graduates embarking on their legal careers, I offer this advice to be diligent and cultivate a “Never Give Up” attitude. When commencing our journey as lawyers, we often remain unaware of the hurdles ahead. Many who start this journey may feel inclined to quit prematurely. Initially, compensation may seem meagre, and the workload demanding. You’ll hear from friends in other fields that they earn more while working fixed hours, leaving you questioning your choices. However, rest assured, these initial challenges are temporary. Every lawyer, including the most accomplished, has navigated through this phase. Believe me, this initial grind will ultimately pay off, and you’ll emerge as a proud and accomplished professional. As a fresh graduate, your ability to contribute significantly to your senior may be somewhat limited initially. However, here are some pointers to make your mark which I have gained through my experience:
A. Good File Management: Prior to the day of a hearing, thoroughly review the case file and ensure it is complete. In the case of digital files, confirm that they are well-organized with proper bookmarks and OCR (Optical Character Recognition) applied.
B. Legal Research Mastery: Invest time in researching relevant laws and creating a comprehensive case law compilation.
C. Efficient Note-Making: Create concise, organized notes with page numbers, enabling you to navigate the case file seamlessly. I vividly recall a situation where I had to brief a senior advocate at the last minute when my immediate senior was unavailable. My well-structured notes proved invaluable, allowing me to brief the senior advocate effectively. Ultimately, it’s essential to have a firm grasp of the case’s facts, supported by page and paragraph references. This meticulous approach will not only assist your senior but also elevate your standing in the legal field. Remember, the early challenges are stepping stones to a rewarding and accomplished legal career. Keep the faith, persevere, and you’ll emerge stronger and more resilient in the world of law.
