Super Lawyer

Author: SuperLawyerTeam

  • By fostering open and transparent communication, I strive to establish a collaborative environment that promotes constructive dialogue and a mutual understanding of the parties’ needs- Ashutosh Shekhar Paarcha, Government Counsel, State of Rajasthan

    By fostering open and transparent communication, I strive to establish a collaborative environment that promotes constructive dialogue and a mutual understanding of the parties’ needs- Ashutosh Shekhar Paarcha, Government Counsel, State of Rajasthan

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, please tell us about your journey and how you ended up pursuing a career in law after graduating from the National Law School of India University?

    After graduating from the National Law School of India University, my journey in the field of law has been both fulfilling and exciting. I always had a deep interest in understanding legal systems and advocating for justice, which led me to pursue a career in law.

    During my time at the National Law School, I had the opportunity to study under renowned professors and engage in stimulating academic discussions. The rigorous curriculum and practical exposure provided me with a strong foundation in various aspects of law, including constitutional law, criminal law, corporate law, and international law, as well as developing skills like negotiating contracts, legal research, etc.

    During my internships at the Trial Courts and High Court of Delhi, I realized that the law taught to us in college, is different in terms of practice in Courts like procedure, evidence, etc. Therefore, following my graduation, I began my professional journey by joining a boutique litigation law firm, where I started as an associate. This experience allowed me to work on a wide range of legal matters, including litigation, contract drafting, due diligence, and legal research. I had the opportunity to collaborate with seasoned lawyers and gain valuable insights into the intricacies of the legal profession.

    While practicing at the law firm, I developed a particular interest in litigation and advocacy. This passion drove me to transition into a litigation-focused role, where I had the opportunity to represent clients in court, present arguments, and analyze complex legal issues. This phase of my career allowed me to refine my legal skills and develop a deep understanding of courtroom dynamics.

    Over the years, I have had the privilege of working in both litigation and corporate legal, being in-house counsel to various MNCs. I have also had the privilege to work in domestic as well as international markets and with the diversity of not only strictly legal, but also public policy, advocacy, etc.

    In addition to my professional work, I have also been actively involved in pro bono initiatives, providing legal aid to underprivileged individuals and contributing to social justice causes. This aspect of my career has been immensely rewarding, allowing me to use my legal skills to make a positive impact on society.

    Overall, my journey in law has been a result of my passion for justice, a drive to make a positive impact, and a constant commitment to enhancing my legal knowledge and skills. I am grateful for the opportunities I have had and look forward to continuing my journey as a legal professional.

    You have had a diverse range of experiences in both litigation and in-house legal roles. Could you share some key highlights or significant cases that have shaped your career so far?

    Throughout my career, I have had the privilege of working on various significant cases and handling crucial legal matters, which have personally challenged me and were exciting projects. It is difficult to pin-point a couple here. 

    But generally speaking there have been cases in litigation both criminal and civil where you may arrive at a point when you think you have no case or no argument and then one needs to take a step back and think a little outside of the box and develop an argument. I think that is the least we owe to our client, to give more than our 100%. And when the Judge appreciates your argument and the fact you were able to find the point, that feeling is pure ecstatic. And frankly, I think it’s that feeling that pushes us to keep doing better in litigation.

    Similarly, as an in-house counsel, I have been working with commercial transactional agreements, international or domestic, sometimes not only closing the agreement, which itself becomes a task, but also providing other solutions to get the maximum output from the deal. For example, bypassing domestic and international tax laws, corporate structuring of the deal, exposure to the least risk possible, etc. 

    These are just a few highlights from my career so far. Each experience has contributed to my professional growth, deepened my understanding of various legal domains, and reinforced the importance of being up-to-date with the laws, effective advocacy, strategic thinking, and meticulous attention to detail. 

    As the Director of Legal & Business Development at Indian Reprographic Rights Organisation (IRRO), you gained experience with international laws and commercial transactions. How did this role contribute to your professional growth, and what were some of the challenges you faced?

    As Director, at the Indian Reprographic Rights Organisation (IRRO), my role was basically spear-heading the Organization. It involved working on domestic and international laws and commercial transactions, which significantly contributed to my professional growth. It was basically a Non-profit think-tank which worked towards helping shape the IPR policy and provide the government with inputs.

    As it was the first time I was working in this kind of Organisation, the challenges were infinite. It was basically like working in a start-up. The team, initially, was small. I had to be responsible for all the decisions that were taken. Challenges like micro-managing everything, realizing that no one has heard of the Organisation, working with limited funds, government red-tape and diktat, FERA & FEMA regulations, etc. However, once you grasp your way around things, it becomes easy and the experience I gathered was amazing.

    It helped me grow as it provided me with international Exposure. Working on international laws and transactions exposed me to different legal systems, regulations, and business practices. It broadened my understanding of how laws operate in various jurisdictions, enabling me to navigate cross-border legal issues more effectively. It improved my contract negotiation and drafting skills. It provided me with insights regarding compliance with regulations.

    Overall, my role at IRRO provided me with invaluable experience in international laws, commercial transactions, copyright education, and stakeholder management. It enhanced my legal expertise, honed my negotiation skills, and deepened my understanding of the complexities of intellectual property rights. The challenges I faced, such as compliance complexities and managing diverse stakeholders, reinforced the importance of adaptability, strategic thinking, and effective communication in addressing multifaceted legal and business issues.

    In your role as General Manager – Legal for Franchise India Group of Companies, you headed the legal team and dealt with policy and advocacy matters. Can you elaborate on the challenges you encountered and the strategies you implemented to ensure legal compliance while supporting the growth of the conglomerate?

    As the General Manager – Legal for Franchise India Group of Companies, I was basically their Global Legal Head as Franchise India is an MNC with offices in 6 Countries and business almost everywhere in the world. My experience was different as the setup here was quite elaborate vis-a vis my previous Organisation. It had its own perks but its own challenges too. 

    A major challenge that I came across was that I have always been an individual contributor. While I did lead a decent team in my previous Organisation, being completely able to delegate work to someone who you have never worked with before, was tough for me. However, it took me a bit of time but that was the easiest of the challenges. 

    The more difficult challenges were dealing with multi-faceted legal compliance. The conglomerate operated in various industries, each with its own set of regulations and compliance requirements. Ensuring legal compliance across all sectors was a significant challenge. To tackle this, I developed a robust compliance management system that involved conducting regular audits, creating compliance manuals, and implementing training programs to educate employees about legal obligations. I also established strong relationships with regulatory agencies to stay updated on regulatory changes and engage in proactive compliance measures.

    Policy and Advocacy: Dealing with policy and advocacy matters required a comprehensive understanding of the legal and regulatory landscape. I closely monitored legislative developments, engaged with industry associations, and actively participated in policy discussions. I collaborated with internal stakeholders to develop and advocate for favorable policies that supported the conglomerate’s growth objectives while ensuring compliance with applicable laws and regulations.

    Contract Management: Since international agreements were a major part of the organization, it brought along the need to have knowledge of international laws and their domestic laws as well. The conglomerate engaged in a wide range of contracts, including lease and license agreements, strategic partnerships, service agreements, and distribution agreements. Managing and negotiating these contracts while safeguarding the conglomerate’s interests was a critical responsibility. I implemented standardized contract templates, streamlined contract review processes, and provided training to internal teams on contract negotiation and risk assessment. This ensured consistency, minimized legal risks, and expedited contract closures. Many times, there were language barriers too but I feel as long as both parties want to enter into an agreement, in good faith, challenges can be worked upon.

    In summary, my strategies focused on proactive compliance management, policy advocacy, efficient contract management, stakeholder engagement, risk mitigation, and effective dispute resolution. By addressing these challenges, I contributed to the conglomerate’s growth while ensuring legal compliance and minimizing legal risks.

    As the Legal Head for Medicover Group of Hospitals in India, you were involved in various acquisition and merger agreements, as well as corporate structuring. How did you navigate the complexities of these transactions, and what role did you play in ensuring smooth operations for the organization?

    When I joined Medicover, the biggest challenge was COVID-19. I joined the organization at the brink of COVID and the times were tough. The challenges began right away being employee issues as people didn’t want to come to hospitals to work. Although the Organisation was great and swiftly provided all the protective gear and things to employees, it was still difficult for people as no one knew about the virus and the magnitude of it.

    For smooth operations, I relied on the experience I have gathered till date. Before engaging in any acquisition or merger, conducting comprehensive due diligence was crucial. I oversaw the due diligence process, which involved analyzing legal, financial, and operational aspects of the target entities. By identifying potential risks, liabilities, and regulatory compliance issues, I provided valuable insights to the management, enabling them to make informed decisions.

    Secondly, Structuring Transactions. Each acquisition and merger presented unique considerations, such as regulatory compliance, taxation implications, and integration of operations. I worked closely with internal stakeholders, external advisors, and management to develop the most suitable transaction structures. This involved assessing legal and regulatory requirements, drafting and negotiating agreements, and ensuring compliance with applicable laws.

    Thirdly, Contract Negotiation and Drafting. This was comparatively easy as I have been doing this throughout my career and hence played a key role in negotiating and drafting acquisition and merger agreements. I ensured that the terms and conditions were favorable to Medicover Group while protecting its interests. This involved collaborating with the business and finance teams to identify key deal points, conducting negotiations with the counterparty, and drafting agreements that clearly defined rights, obligations, and protections. Throughout the acquisition and merger process, I identified and managed legal and operational risks. This included conducting risk assessments, implementing risk mitigation strategies, and advising the management on potential risks associated with the transactions. By proactively addressing risks, I helped safeguard Medicover Group’s interests and ensured the smooth functioning of the organization.

    Fourthly, Regulatory Compliance. Healthcare is a highly regulated sector, and compliance with various laws and regulations was critical for smooth operations. I worked closely with regulatory authorities, such as state and national governments and healthcare regulatory agencies, to ensure compliance with licensing, permits, and other regulatory requirements. I also advised internal teams on healthcare-specific regulations, including those related to patient privacy, medical ethics, and quality standards.

    Lastly, Integration and Post-Merger Activities. After completing an acquisition or merger, integrating the acquired entities into the Medicover Group was crucial for seamless operations. I collaborated with cross-functional teams to harmonize processes, systems, and policies. This involved managing legal aspects of employee transfers, aligning corporate governance structures, and ensuring compliance with Medicover Group’s policies and procedures.

    Overall, although my stint was short with Medicover, it provided me with immense experience and the Management was amazing. The healthcare industry is quite fast paced and there are multiple issues everyday being compliance issues, litigations, licenses, adherence to govt. notifications (due to COVID), etc. My CEO trusted me with almost everything and relied on my expertise and advice and didn’t micro-manage. Medicover provided me with great exposure into a new industry with both domestic and international issues to be dealt with.

    Throughout your career, you have gained extensive experience in contract drafting, negotiation, and management. What are some key strategies or approaches you employ when dealing with complex contracts or negotiations?

    When dealing with complex contracts or negotiations, I employ several key strategies and approaches to ensure effective outcomes. Here are some of the techniques I use:

    Thorough Understanding of the Subject Matter: Before entering into any contract or negotiation, I make sure to develop a deep understanding of the subject matter. This involves conducting comprehensive research, studying relevant laws and regulations, and familiarizing myself with the industry practices and standards. This enables me to identify key issues, anticipate potential challenges, and negotiate from a position of knowledge and strength.

    Clear Communication and Active Listening: Effective communication is essential during contract negotiations. I focus on clearly articulating my client’s objectives and requirements, while also actively listening to the counterparty’s concerns and interests. By fostering open and transparent communication, I strive to establish a collaborative environment that promotes constructive dialogue and a mutual understanding of the parties’ needs.

    Preparation and Planning: Adequate preparation is crucial for successful contract negotiations. I thoroughly review all relevant documentation, including the contract terms, supporting materials, and any applicable laws or regulations. This enables me to anticipate potential issues, identify potential areas of compromise, and develop a well-rounded negotiation strategy. I also establish clear objectives and priorities, ensuring that my client’s interests are protected while seeking mutually beneficial solutions.

    Building Relationships and Trust: Building trust and rapport with the counterparty is instrumental in reaching favorable outcomes. I strive to establish a professional and respectful relationship based on trust, integrity, and transparency. This can involve engaging in small talk, finding common ground, and demonstrating a genuine interest in understanding the counterparty’s perspective. By fostering a positive rapport, I create a conducive environment for finding common ground and resolving disagreements.

    Flexibility and Creativity: Complex contracts or negotiations often require flexibility and creative problem-solving. I approach negotiations with an open mind, exploring alternative solutions and considering various options. This allows me to think outside the box and propose innovative approaches that meet both parties’ interests. I am willing to consider different perspectives, explore compromise, and find win-win solutions whenever possible.

    Documenting Agreements and Managing Risks: Once an agreement is reached, I ensure that it is clearly documented in a comprehensive and enforceable contract. This involves carefully drafting the contract terms, considering potential future scenarios, and addressing any legal or business risks. I pay close attention to detail, ensuring that all relevant provisions are included and accurately reflect the parties’ intentions. By addressing potential risks in the contract, I help safeguard my client’s interests and mitigate future disputes.

    Continuous Learning and Adaptation: The legal landscape and business environments are constantly evolving. I prioritize continuous learning, staying updated on industry trends, legal developments, and best practices in contract negotiation and management. This enables me to adapt my strategies and approaches to the specific context and leverage new insights and techniques.

    By employing these strategies, I aim to facilitate effective contract negotiations, foster positive relationships, and achieve optimal outcomes for my clients.

    As someone with a successful legal career, what advice would you give to fresh graduates who are starting their journey in the field of law? Are there any particular skills or qualities they should focus on developing?

    Frankly, I don’t think that I am successful enough yet to give advice to other people. However, the few kids I mentor or if someone reaches out to me on LinkedIn for advice and how to proceed in their legal career after college, I just tell them a few things. Firstly, if its clear to you that you want to choose any specific field, that’s great. But if you are not clear, that works fine too. 

    For eg; some students are clear that they want to do only litigation. However, many first-generation lawyers like myself are not sure what to choose and how to go about it and of course there is lack of guidance. My suggestion is to try everything. Being a litigator has its own perks, but being in-house counsel is also great. It is only after trying things one can be sure if they like it or not. 

    The one thing non-negotiable is hard work. You must be willing to put in the hours with dedication. Smart work will only take to a certain level but hard work will always pay off in the long run.

    You have written articles and provided opinions on various legal issues, such as copyright, education policy, and IT rules. How do you balance your professional commitments with your passion for writing and contributing to legal discourse?

    To be fair, it is extremely challenging and hence I haven’t been able to publish more articles. However, I believe that engaging in legal writing and sharing my perspectives on important legal issues allows me to contribute to the broader legal community and promote meaningful discussions.

    I must attribute some credit to NLS for this. The curriculum is so intense, it makes you respect deadlines and provide your best work in the shortest time. To manage this balance, I allocate dedicated time for writing and research outside of my professional commitments. I stay updated on legal developments, both through my work and personal research, which helps me identify relevant topics to write about. By effectively managing my time and prioritizing my commitments, I ensure that I can devote sufficient attention to both my professional work and my passion for writing. It requires discipline and careful planning, but the opportunity to contribute to legal discourse and make a positive impact on the field makes it all worthwhile.

    Lastly, what are your future aspirations and goals within the legal field? Is there a particular area or cause that you are passionate about and would like to focus on in the coming years?

    In the future, I aspire to continue growing and excelling in the legal field while making a positive impact. I am passionate about various areas within the legal field, including intellectual property rights, technology law, E-commerce and corporate governance.

    One of my key goals is to contribute to the development and implementation of legal frameworks that promote innovation, protect intellectual property, and foster a fair and sustainable business environment. I am particularly interested in the intersection of law and technology, and I aim to stay at the forefront of emerging legal issues in areas such as data privacy, artificial intelligence, and digital rights. To keep myself updated with these, I try to take up courses available.

    Additionally, I am committed to advocating for access to justice and promoting legal awareness among marginalized communities. I believe in the power of legal education and empowerment to bring about positive social change. In furtherance of this cause, I volunteer with a couple of NGOs which work towards prevention of Human Rights. I am generally open to other causes as well and people reach out to me on LinkedIn for advice.

    In the coming years, I intend to deepen my expertise and provide my services to the clients. Apart from litigation, I am deeply interested in IPR Licensing, Financial Services & Insurance, Fin-tech, E-Commerce industries. I would love to work in these sectors and collaborate with organizations and stakeholders to drive legal reforms.

  • Legal Profession is just like any fine bottle of old wine , the more years of experience you get, the better you will become-Priyanka Deo, Senior Criminal Defence Lawyer

    Legal Profession is just like any fine bottle of old wine , the more years of experience you get, the better you will become-Priyanka Deo, Senior Criminal Defence Lawyer

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Ma’am to start this conversation , could you please tell us about how you ended up pursuing law and becoming a senior advocate in the Supreme Court of India? What inspired you to choose this path ?

    Well to begin with, during my school days, my academic strength in subjects related to social science, played a significant role in my fondness towards law. To add to this , later on in my career , my interest in law was sparked again while I was preparing for the Civil Services Exam right after my graduation. I believe my familiarity with these subjects provided me with a strong foundation. During my preparation for the Civil Services Exam  , I encountered various legal issues, and this too fascinated me with the intricate legal system of India and the role it played/has been playing in shaping the country’s political and social landscape. 

    I got lucky with the internships and opportunities that I was able to find, these not only helped me develop my knowledge but also helped me with my analytical and argumentative skills.

    Thereafter I worked hard to establish myself as a competent and dedicated lawyer, and eventually my efforts paid off when I was introduced to the Supreme Court of India.  

    I also believe that having a role model is essential for success in any profession, and I look up to many stalwarts of the legal fraternity as my own role models. Individuals like Honourable CJI DY Chandrachud Sir , Former ASG Aman Lekhi Sir , my mentor, my guru, Sr Adv Harish Salve Sir, and Sr Adv Kapil Sibal Sir  have made significant contributions to the legal profession, and I admire their expertise and insights.

    These things have sort of persuaded me to pursue a fascinating career in law and I am really looking forward to being one of the facets of the custodian of Law. 

    You have worked on several high-profile cases at the Supreme Court of India , Can you share with us one case that you found particularly challenging or interesting , Why?

    Out of all the matters that I was/am a part of , I believe the matter quoted as Lysosomal Storage Disorders Vs State of Karnataka Union of India stood apart and holds a special mention here , It was challenging as well as interesting for me to deep into the intricacies of the case. Also because it dealt with one of the rarest diseases that one can get , especially In a Country like India where even basic health facilities/amenities are difficult to find under right to life , at the same time there’s so much of chaos between govt and society where horizon of right to life is overlooked; The treatment of such disease require huge amount ; The Govt at one end in its response can’t aid every single case (LSD case) regularly; On the other hand – Concept of Distributive Justice git highlighted in the above case.

    Your work involves coordinating with various law enforcement agencies and government ministries. How do you ensure that you remain impartial and unbiased in your work despite working closely with these organizations?

    In the context of an advocate , Impartiality  stresses on the absence of favor or prejudice , at the same time unbiased favor implies even more strongly on the absence of all kinds of prejudice.  It is essential for advocates to prioritize the principles of justice and fairness to uphold the integrity of the legal profession.

    Well I take a lot from “The Nolan committee” that promotes Seven Principles of Public Life that serve as Guide for civil servants of Public life- Selflessness , Objectivity , Integrity , Honesty , Leadership , Openness , Accountability. 

    If you inculcate all these things , you will tend to serve the purpose . 

    In your opinion, what are some of the biggest challenges facing the legal profession in India today, and how do you see them being addressed in the future?

    Well there are many to list but few of the significant challenges that the legal system face: 

    a)Competency of Law graduates/ Lawyers -The quality of legal education in India is another challenge. It is crucial to focus on enhancing the curriculum, promoting experiential learning, and ensuring that law schools produce competent and skilled professionals.

    b)Access to Justice for underprivileged- Access to justice remains a challenge, particularly for marginalized and underprivileged communities 

    c)No of cases pending (backlog cases) 

    d)Technological Advancements ( Courtesy COVID we have been able to add to this )

    e) Legal Reforms 

    f) Ethics and Professionalism 

    Majority of these challenges can be addressed or rather are being addressed by taking adequate steps for example Intro of e-filing , e-courts , case management systems , spreading awareness among underprivileged , a lot of initiatives are also being taken by the Ministry of Law and Justice. Out of all these challenges , I strongly believe that upholding high ethical standards and professionalism is extremely vital while exercising our duties ; We as stakeholders need to set value enriched path or legacy rather for all our subordinates ; Addressing these challenges requires a collaborative effort from various stakeholders, including legal professionals, policymakers, educational institutions, and the judiciary. 

    Lastly, what advice would you give to aspiring lawyers who want to make a difference in society and pursue a career in public interest law?

    Well to all those young and aspiring lawyers especially who don’t come from the legal background , I would advise them to take keen interest in the legal happenings and the working system of the courts from their initial college days , even if they don’t want to get into litigation.

    To all those who see themselves in Litigation : 

    Read as many case- laws as possible, target your years right after your college , look for opportunities available at the offices of Senior Advocates. This is a profession that requires a mentor / guru in order to help you get exposure. 

    I would recommend them to start taking pro- bono matters , this will not only help to boost your confidence but will also help in understanding the nitty gritties of the legal profession. 

    Legal Profession is just like any fine bottle of old wine , the more years of experience you get, the better you will become. 

  • The legal field is going to be challenging in the start no matter what one may choose to be their practice area- Divya Hazra, International Corporate Lawyer and Co-Founder, Esplora Consulting Law Firm

    The legal field is going to be challenging in the start no matter what one may choose to be their practice area- Divya Hazra, International Corporate Lawyer and Co-Founder, Esplora Consulting Law Firm

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Ma’am, can you please tell us about your educational background and how you ended up pursuing law at Columbia Law School?

    I moved to Mumbai in 2008 to pursue my bachelors in law degree from Government Law College (GLC). After graduating from GLC Mumbai I started my career in the real estate team of the law firm Wadia Gandhy & Co. post which I joined the real estate team at JSA during the course of which I also got the opportunity to work on a few corporate deals. It is during this transition that I realised that I truly enjoy corporate law. To further hone my skills in corporate law, I decided to pursue my masters at Columbia Law School, New York where my course work was focused on corporate law.

    You co-founded a boutique law firm in Shanghai tailored to serve Indian multinational companies. What motivated you to establish this firm, and what challenges did you face in the process?

    When I moved to China, I got the opportunity to engage in a lot of business development activities. It is at this stage that I realised that along with being a lawyer I thoroughly enjoyed being an entrepreneur as well which made me want to explore the business side of the legal industry more. This is what motivated me to establish a firm along with my partners from Central Asia and China. 

    The legal industry is extremely competitive as there are so many players in the market. Considering my firm is relatively new in the market, we always have to go the extra mile to gain the trust of our clients to get more engagements from them. This continues to be a challenge but at the same time motivates my whole team to deliver better results.

    During the course of your career, you have had the opportunity to represent large private equity funds, corporations, and banks in domestic and cross-border transactions across China, India and USA. Could you share some of the most memorable or impactful transactions you’ve worked on and the lessons you’ve learned from them?

    While I was working at Trilegal, we represented the Edelweiss Group on an investment of USD 75 Million from Kora Management. This transaction till date has been the most challenging yet impactful transaction for me so far as this investment was spread across multiple business lines under the Edelweiss Group and some being in the financial sector was heavily regulated. The timeline for this deal was also very short which added to the complexity. Despite these challenges, I learnt how to manage strict deadlines and drafted complex deal documents which helped me grow as a corporate lawyer. 

    As for China, my whole experience has been a huge learning curve. Not only does language add a challenge but also having to learn the nuisances of practicing law in a civil law country has been extremely challenging yet exciting at the same time.

    You have been recognized as one of the “Top 10 Women Leaders from China” by Women Entrepreneur Magazine in India. Can you tell us about your experience as a female leader in the legal field and any challenges you have faced?

    Being in an industry which is primarily male dominated is challenging as there are some unconscious bias which exist. However, I think I have been fortunate to have worked with the right people and right team who have always seen the value I can bring to the table despite being of the opposite gender. That being said in a few instances where I have felt that bias, I have not shied away from being outspoken and standing up for what I am deserving of. 

    Lastly, based on your experiences and success in the legal field, what advice would you give to fresh graduates who are considering a career in law?

    The legal field is going to be challenging in the start no matter what one may choose to be their practice area. It is however through consistency and hard work that you can excel in the field of law. Like they say “there are no short cuts to success” and in my experience this is particularly true if one is considering a career in law. 

  • Instead of locking yourself into a specific specialization early on, give yourself room to explore different areas of law- Abhishek Khare, Counsel, High Court of Bombay

    Instead of locking yourself into a specific specialization early on, give yourself room to explore different areas of law- Abhishek Khare, Counsel, High Court of Bombay

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Please tell us about your journey and how you ended up pursuing a career in law?

    I am a classic example of the profession finding a person rather than a person actively seeking it out. In 1996, I found myself enrolling at ILS Law College in Pune, not because I had a deep understanding of the legal field or a predetermined plan, but simply because my elder sister was studying law. Little did I know that this seemingly serendipitous decision would set the stage for a remarkable journey.

    It was on the first day of my professional life, while working at Hindustan Lever (now Hindustan Unilever), that I experienced a moment of clarity. A senior colleague posed a legal question to me, and as I drew upon my foundational knowledge and connected the dots to provide a meaningful answer, I felt a surge of excitement. It was in that moment that I discovered the exhilaration of applying legal theory to real-world situations.

    Since that interesting moment, my journey as a lawyer has been a whirlwind of excitement and fulfilment. Each day presents new challenges, intriguing legal matters, and the opportunity to make a positive impact on the lives of others. Guiding individuals through complex legal cases and providing advisory services has allowed me to contribute to their well-being and shape their future.

    Not only that, but I’ve also had the opportunity to shape corporate decision-making, influence individual choices, and even participate in national-level policymaking. Being able to play a role in these important spheres has been truly rewarding.

    Reflecting on my journey, I carry a unique perspective as someone who ventured into this field without familial connections or a predetermined path. This perspective, shaped by my experiences, adds a fresh and diverse outlook to my approach as a lawyer.

    You have an impressive educational background, including a Bachelor of Civil Law from the University of Oxford. How did this experience shape your career and expertise in the field of law?

    My experience studying at Oxford was a transformative journey that taught me important life lessons. When it comes to pursuing education at premier institutions like Oxford, discipline becomes a cornerstone. You’ll find yourself balancing coursework, social activities, extracurriculars, and taking care of your well-being all at once. It may seem overwhelming, but remember, these aspects are interconnected. Embrace the challenge and learn to manage your time effectively. Pay attention to every detail, develop a keen eye, and engage actively in class discussions. This discipline will serve you well beyond your academic pursuits.

    Another crucial quality to cultivate is perseverance. The courses, especially the rigorous BCL program, demand unwavering commitment. It’s easy to feel overwhelmed but keep pushing forward. Develop a resilient attitude and maintain a strong sense of determination. Remember, progress requires persistence. The ability to persevere through difficult times will not only benefit your academic journey but also prove invaluable in your future endeavours.

    Studying at esteemed institutions like Oxford goes beyond academic knowledge. It fosters adaptability, a skill that will serve you in any profession or sphere of life. You’ll gain a broader understanding of the world and its inner workings, expanding your perspectives and enhancing your problem-solving abilities.

    While some may be enticed by tangible benefits such as placements at prestigious law firms, it’s essential to stay true to your  aspirations. If your goal, like mine, is to litigate at a specific court, prioritize your path accordingly. Focus on developing the discipline to handle complex cases, irrespective of their scale, and pay meticulous attention to detail. This dedication will build the foundation for a successful and impactful career.

    Finally, cherish the opportunities to learn from renowned experts. I was fortunate enough to study competition law under a world-renowned master. The knowledge I gained at Oxford empowered me to apply my skills to real-world cases in the field of competition law. Embrace such opportunities, as they can truly shape your professional trajectory.

    Remember, the journey of studying at a premier institution like Oxford offers far more than academic excellence. It imparts essential qualities such as discipline, perseverance, adaptability, and a global perspective. Embrace these qualities, remain true to your aspirations, and seize every opportunity for growth and impact.

    As an Advocate on Record at the Supreme Court of India, could you share some insights into the nature of your work and the responsibilities that come with this position?

    When assuming the role of an Advocate on Record (AOR) at the Supreme Court, it is crucial to understand the immense responsibility that accompanies it. As an AOR, one must develop strong shoulders to bear this weight of responsibility. Simultaneously, this role helps in advancing one’s legal practice and opens up various opportunities for professional growth and recognition. By shouldering this weight of responsibility, AORs can expand their horizons, gain access to challenging cases, and establish themselves as reputable advocates in the legal fraternity.

    One of the primary responsibilities is drafting meticulous pleadings to be filed before the Supreme Court. It is essential to ensure fairness in practice, both towards opposing AORs and counsel, as well as towards the Court and the Registry. Care must be taken not to sign any Special Leave Petition (SLP) or other proceedings in a careless manner. Thorough research of the law is necessary, along with the duty to assist the Court in shaping and developing legal principles. It is important to distil the facts from lower courts and present them clearly and concisely in the pleadings. Remember, written advocacy is just as crucial as oral arguments.

    Being an AOR requires long hours of dedicated work. One must have a deep understanding of the facts and present them before the court in a concise manner. It’s important to note that courts usually rely on what is presented before them, whether it is spoken or in writing. Losing the confidence of the court is something every professional wants to avoid.

    In simple terms, an AOR is the master of their clients’ cases before the Supreme Court. In situations where the engaged counsel may face difficulties, the AOR must be fully prepared to continue with the matter. Being an AOR is not solely about signing and filing the Vakalatnama, but instead taking full ownership and responsibility for the cases at hand.

    With over 22 years of experience in corporate and commercial laws, energy law, infrastructure, and more, what are some of the most interesting cases or projects you have worked on throughout your career?

    Over the years I’ve learned that every case is interesting and carries significant importance for the client, regardless of its size or the client’s profile. However, here are some of the many immemorable cases I fought.

    Imagine being entrusted with a case early in your career where a client was accused of stealing highly confidential information from their employer. The stakes were sky-high, with damages claimed at a staggering Rs. 1,200 Crores. It was like diving into an intense legal thriller, crafting a compelling defence strategy, and manoeuvring through the twists and turns of the legal battlefield. Witnessing our strategy unfold successfully and delivering a resounding victory was an exhilarating experience.

    In another captivating case, I found myself challenging the dominance of a corporate giant, Coal India. The case involved allegations of abuse of power, and the monetary implications were substantial. It was like stepping into the shoes of a legal protagonist, meticulously preparing our arguments, and presenting our case before the Competition Commission of India. I am happy to say that we secured a favourable order.

    But it’s not just about the big cases with large financial stakes. Some of the most fascinating moments in my career have emerged from seemingly modest matters. I vividly recall representing a co-generation power producer, fighting to establish fair tariffs, and navigating the complex regulatory landscape. This journey opened my eyes to the intricate technicalities of the power industry and led to a landmark decision that not only shaped policy but also brought about a tangible positive change.

    There have been heart-touching encounters in the courtroom where I’ve stood up for ship crews abandoned by their owners. These were stories of resilience and compassion, as we fought to secure their rights and bring them back home. The feeling of making a difference in their lives was immeasurable, and it reminded me of the power of the law to protect the vulnerable.

    These anecdotes provide a glimpse into the exciting world of the legal profession, where every case is a story waiting to unfold. I believe in combining my legal expertise with a deep sense of empathy and determination to seek justice.

    You have extensive experience in international Arbitrations. Can you provide some examples of the types of arbitration cases you have been involved in, particularly in the areas of EPC projects, energy projects, and shipping?

    Here are some examples of the types of arbitration cases I have been involved in, particularly in the areas of EPC projects, energy projects, and shipping:

    I have represented clients in an arbitration case before the Singapore International Arbitration Centre (SIAC) involving a claim related to the design of an engineering product. The dispute centred around issues of design defects, performance, and contractual obligations.

    In a domestic arbitration matter, I handled a case concerning a power plant construction project. The dispute revolved around delays in the project, resulting in significant damages. My role involved analysing project management issues, contract interpretation, and assessing damages for the delayed completion.

    I have been involved in several domestic commercial recovery arbitrations. These cases typically involved disputes between commercial entities seeking to recover financial losses or damages due to breaches of contract, non-payment, or other contractual disputes.

    One of the cases I worked on involved the construction of a crane, where issues of alleged design flaws and delays were at the forefront. I focused on establishing liability for the delay damages and quantifying the losses suffered by the client.

    In another arbitration case, I handled delays and damages in an HVAC (Heating, Ventilation, and Air Conditioning) project. This dispute required a thorough analysis of project scheduling, performance issues, and assessing damages resulting from the delays.

    I also handled an arbitration case related to an EPC project involving the design and construction of a road tunnel and highway. The dispute centred around design issues and delays, and my role involved establishing liability for the delays and quantifying the resulting damages.

    In the shipping industry, I represented clients in arbitration matters, including a case involving a dispute regarding the rescue of a crew at sea. This case required an understanding of maritime law, contractual obligations, and assessing damages for the rescue operation.

    I have been involved in multiple tariff and regulatory issues concerning power projects, including those involving different sources and capacities. These cases have encompassed a range of issues, such as contract disputes, performance evaluation, and assessing damages in relation to power generation and distribution.

    Additionally, I have handled arbitration matters involving disputes related to confidential information. These cases involved protecting sensitive information, analysing confidentiality agreements, and resolving disputes arising from the unauthorized disclosure or misuse of confidential data.

    In addition to your legal practice, you have also served as a former Standing Counsel for the State of Uttar Pradesh to the Supreme Court of India and a Law Officer at Hindustan Unilever Limited. How have these roles contributed to your overall professional growth and expertise?

    Throughout my professional journey, I have had the privilege of serving in two distinct roles that have significantly contributed to my overall growth and expertise. Firstly, as a Law Officer at Hindustan Unilever Limited (HUL), I had the unique opportunity to learn how to balance the legal requirements of the business with its commercial needs. In this role, I got the opportunity to be involved in conducting legal research, supporting compliance efforts, being in the field with business functions to understand how the company’s business is conducted, being involved in court cases, and assisting in contract review and drafting.

    Working with the government and representing it before the Supreme Court of India was another invaluable experience. This role provided me with the platform to present the government’s perspective in court and advocate for its policies. It gave me the chance to dispel misconceptions and demonstrate that the government is not solely focused on wrongdoing but rather strives for the welfare of its citizens. In this role, I was involved in a diverse range of cases, covering a wide spectrum of legal areas. From matters related to irrigation policy, bail applications, and shareholding issues of government enterprises, to constitutional validity challenges against regulations and policies, I gained exposure to a myriad of legal scenarios.

    These experiences have instilled in me an important attitude that one cannot afford to be overly technical while advising clients. As lawyers, we must always consider the practical aspects and implications of our legal counsel. Both my roles taught me the significance of understanding the business and governmental context in which legal advice is sought. By bridging the gap between theoretical legal knowledge and real-world applications, I was able to provide comprehensive and practical guidance to my clients.

    These roles have allowed me to develop a well-rounded skill set, encompassing a balance between legal considerations and commercial realities, as well as a deep understanding of governmental policies and their implications. I am confident that the diverse range of cases and the holistic approach I have cultivated will continue to contribute significantly to my future endeavours in the legal profession.

    Considering your diverse areas of expertise, what advice would you give to aspiring lawyers who are interested in specializing in areas such as arbitration, energy law, or competition law?

    If you’re a budding lawyer with a keen interest in specializing in areas like arbitration, energy law, or competition law, here’s some valuable advice for you. Instead of locking yourself into a specific specialization early on, give yourself room to explore different areas of law. Take up diverse opportunities and get a taste of various practice areas. This will give you a broader understanding of the legal world and help you figure out what truly grabs your attention. Keeping an open mind during this exploration phase will allow you to make a well-informed decision when the time comes to choose your specialization.

    While theoretical knowledge is important, lack of practical experience is the real deal-breaker. It’s not just about what you learn in textbooks or lectures; it’s about getting your hands dirty in the real world of law. Seek out internships, clerkships, or part-time positions that allow you to roll up your sleeves and immerse yourself in the practical aspects of arbitration, energy law, or competition law. By diving into real-world cases and projects, you’ll gain first-hand experience and discover whether these specialized areas truly resonate with you.

    When it comes to choosing your specialization, trust your gut and follow your passion. Think about the areas of law that excite you the most. Consider the kind of impact you want to make and the issues that genuinely ignite your curiosity. Whether it’s fighting for fair resolutions through arbitration, delving into the complexities of energy law, or ensuring a level playing field in the marketplace, pick a specialization that aligns with your authentic interests and values.

    Remember, every field of law has its own unique opportunities and challenges. By exploring different practice areas, gaining practical experience, and staying true to your passions, you’ll be well-prepared to make an informed decision about specializing in any field.

    In your opinion, what are some of the key challenges that the legal profession faces today, and how can young lawyers navigate these challenges effectively?

    One of the significant challenges that young lawyers and  even experienced lawyers often face is the collection of fees for their legal services. This issue can have a profound impact on their professional and personal lives. However, they are generally discussed behind closed doors due to the attached stigma.  Fee collection can be a complex and time-consuming process, leading to financial strain and affecting their mental well-being.

    Many lawyers find themselves grappling with the task of chasing down payments from clients. This can involve spending valuable time and resources in follow-ups and negotiations, which can be frustrating and demanding. Furthermore, some clients may be reluctant or unable to pay, resulting in additional complications and financial instability for the lawyer.

    In fact, understanding the importance of addressing this challenge, I have taken the initiative to create awareness and find solutions for effective fee collection. I have started a campaign or movement that aims to shed light on the significance of timely and transparent fee collection in the legal profession. By fostering open discussions and providing a platform for fellow professionals to share their experiences and concerns, we strive to create a supportive environment within the legal community.

    Another significant challenge is the misconception that a deep understanding of the law alone is sufficient for being a successful lawyer. While legal knowledge is essential, practical advocacy skills require a blend of psychological intelligence, creativity, and real-world experience. Many young lawyers are initially shocked by the harsh practical reality, which may lead to feelings of dejection. However, it is crucial for them to embrace these challenges as opportunities for growth, understanding that trial and error is a valuable part of the learning process. Letting go of the mentality of striving for perfection or the typical topper syndrome is essential. Young lawyers should focus on continuous improvement and be willing to learn from their experiences.

    With the constantly evolving legal landscape, particularly in areas such as data protection laws and competition law, how do you stay updated with the latest developments and ensure that your expertise remains relevant?

    When it comes to staying updated with the constantly evolving legal landscape, in any field I believe the following helps:

    Stay informed through extensive reading: Develop a habit of reading extensively, including legal journals, blogs, and other relevant resources. The more you read, the better equipped you’ll be to understand the latest developments and gain valuable insights.

    Engage in discussions: Seek opportunities to engage with like-minded individuals. Participate in discussions with such people. Never shy away from clearing doubts and seeking clarification from experienced professionals in the field. Engaging in discussions and networking with like-minded individuals will further enhance your understanding and broaden your perspective.

    Embrace continuous learning: Treat learning as an ongoing process. Attend conferences, seminars, and workshops to learn from industry leaders and gain insights into emerging trends, case studies, and practical applications.

    Harness online resources: Take advantage of the digital world. Explore online legal databases, research portals, and reputable websites that provide real-time updates and relevant insights. These resources are easily accessible and can provide you with a wealth of information to stay current.

    Finally, looking back at your successful career, what are some of the personal values or principles that have guided you along the way, and how have they influenced your approach to practicing law?

    When reflecting on my fulfilling career, I attribute much of it to the personal values and principles that have guided me along the way. These principles have shaped my approach to practicing law, and I believe they can be beneficial to aspiring lawyers as well.

    First and foremost, I have always embraced the power of grit and a strong work ethic. These qualities have been the driving force behind my actions, allowing me to overcome challenges and persevere in the face of adversity. As a first-generation lawyer, I learned early on the importance of hard work and determination in carving my own path.

    Integrity is another principle that has been central to my practice. I firmly believe in keeping my integrity on track, as it serves as the foundation for trust and credibility. Integrity; like salt, may not always be noticed when it is present, but its absence will undoubtedly be discussed. By upholding the highest ethical standards, I have built lasting relationships with clients and colleagues based on trust and respect.

    Persistence and self-belief have also played a significant role in my journey. There have been moments when the results of my efforts were not immediately evident. But by maintaining persistence and a thirst for self-improvement, we can achieve remarkable growth and reach new heights.

    Believing in oneself and having confidence is key to thriving in the legal profession. While external validation may offer a temporary boost, true success comes from within. Treating each matter with due diligence, regardless of its size, and keeping the clients’ best interests in mind have been guiding principles for me. Recognizing the impact of a case on the lives of those involved allows me to approach each situation with the necessary care and dedication.

    As a first-generation lawyer, I have learned to view competition as an opportunity for growth rather than a threat. I have studied the positive attributes of talented individuals in my field and used them as inspiration to enhance my skills. I firmly believe that there is always room at the top of the pyramid for those who dare to dream big. Breaking through glass ceilings and challenging perceived limitations is not only possible but necessary for personal and professional advancement.

    As you embark on your own journey in the legal profession, particularly as a first-generation lawyer, my advice to you is to embrace these principles. Let grit, integrity, persistence, self-belief, and a healthy approach to competition guide your path. And remember, as a first-generation lawyer, you possess a unique perspective and strength that can drive you to excel. By incorporating these values into your practice, you will not only achieve success, but you will also make a lasting impact in the lives of your clients and contribute to the advancement of the legal field.

  • Tenacity and a strong work ethic are crucial attributes that can never be replaced- Varun Dev Mishra, Advocate-On-Record, Supreme Court of India

    Tenacity and a strong work ethic are crucial attributes that can never be replaced- Varun Dev Mishra, Advocate-On-Record, Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, could you please share with our readers how you ended up pursuing a career in law? What inspired you to choose this path?

    My journey into the field of law was a combination of serendipity and destiny. After completing my 10th board exams, the only apparent option seemed to be pursuing a subject that would lead to engineering. However, fate had a different plan for me. During the summer vacation, I had the opportunity to witness a moot court competition organized by NLU Bhopal near the city auditorium. The atmosphere in the room was electric, as the final rounds were judged by esteemed judges from the Hon’ble Supreme Court and High Courts. The participants’ relentless efforts to unravel the epistemological intricacies of the law struck me. It was at that moment that I realized my true passion lay in the realm of law.

    As a first-generation lawyer, what were some of the challenges you faced during your journey to becoming an Advocate on Record at the Hon’ble Supreme Court of India and the Hon’ble High Court of Delhi?

    Regardless of whether you come from a long line of lawyers or you are the first in your family to enter the legal profession, the challenges faced by lawyers are often similar. Tenacity and a strong work ethic are crucial attributes that can never be replaced. However, as a first-generation lawyer, the need to work harder may be more pronounced, as you may not have the same network or familial guidance in navigating the legal landscape.

    In my personal journey, I was fortunate to have friends and mentors who provided invaluable guidance and support at every step. As an alumnus of a prestigious National Law University (NLU), I had the advantage of knowing fellow lawyers practicing in various states across the country. Within a year or two of starting my independent practice, I began receiving work related to Hon’ble Supreme Court. It is worth mentioning that being an Advocate-on-Record (AOR) can significantly contribute to establishing oneself as a Supreme Court counsel.

    Could you tell us more about your specialization in criminal law practice? What drew you to these particular areas of law?

    I was always clear that to have a good litigation practice I need to start with the basics. With that in mind, I started my practice as a trial court advocate. The trial of Criminal law is very interesting. Every day you are representing someone whose dignity to life and property is at stake. Although all cases hold equal value, but in criminal matters, the exigencies are much higher. In trial court, the case revolves around hard facts and circumstances. It is in this spectrum of criminal jurisprudence the value of argumentative skills, research and legal strategy is put to real test.

    With over nine years of experience in handling litigation at the Supreme Court and various courts and tribunals in Delhi, could you share some memorable cases or achievements that stand out in your career so far?

    Throughout my nine-year career as a lawyer (which is relatively young), I have had the privilege of working on some captivating cases that have left a lasting impact on me. One particular case from my early years stands out, where I had the opportunity to represent a client who, as a woman, filed a domestic violence case against another woman. This presented an intriguing legal question: Could a woman file a domestic violence case against another woman? The courts in Delhi took notice of this matter and graciously decided to delve into the issue. Eventually, the High Court settled the matter, providing much-needed clarity on this aspect of the law. It was a significant moment, and I am grateful to have been a part of it, contributing to the understanding of domestic violence laws in such cases.

    At present, I find myself involved in a matter before the esteemed Delhi High Court that necessitates the interpretation of Section 143A of the Negotiable Instruments Act. This specific issue revolves around whether directors should fall under the purview of this section. It is a thought-provoking legal debate, given the absence of clear precedents or extensive jurisprudence on this particular matter. The court’s forthcoming decision will not only provide guidance on this issue but will also contribute to the evolving body of law in this domain.

    Additionally, I am currently engaged in another case where the Delhi High Court is carefully considering the scope and applicability of Sections 219 and 220 of the Criminal Procedure Code. The crux of the matter lies in determining whether multiple cases can be consolidated. This presents a captivating legal challenge, as it requires a meticulous interpretation of these provisions and an understanding of their practical implications. The court’s eventual ruling in this case has the potential to establish a noteworthy precedent and guide future proceedings involving the consolidation of cases

    As a panel counsel for many PSU and MNC clients, what are the key responsibilities and challenges that come with representing such diverse clients?

    Every client, regardless of their background or case, has similar expectations from their legal counsel. As an independent counsel in the legal service industry, it is essential to approach each case with honesty, dedication, and a genuine commitment to the work at hand. Maintaining a high level of professionalism and adhering to the client’s brief is paramount in providing quality legal services.

    Being an independent advocate also comes with the challenge of staying updated with the evolving landscape of the law, particularly when dealing with a mixed practice. However, I am grateful for my colleagues with whom I share my practice, as they provide a valuable network for knowledge-sharing and staying abreast of legal developments. Additionally, my associates contribute to the endeavors of each day, collectively working towards providing the best possible legal assistance to our clients.

    By fostering a culture of collaboration and continuous learning is necessary in current times. It is through this collective effort and dedication that I am able to navigate the complexities of the legal profession and meet the expectations placed upon by my clients. Further maintaining the highest standards of integrity, sincerity, and commitment in my practice is not only a professional obligation but also a privilege.

    In your experience, what are the crucial factors that contribute to a successful settlement in litigation, especially when dealing with matters of recovery, contractual disputes, and consumer laws?

    As I embarked on my legal career, I witnessed the increasing prominence of mediation and conciliation processes as essential components of the legal system. Recognizing the mounting burden on the judicial system, courts have established mediation centers within their premises, and certain statutes now mandate pre and post-litigation mediation. Embracing and respecting the process of mediation/conciliation has proven to be crucial in achieving successful settlements.

    As an advocate, my role is to guide clients towards settlement options and set aside personal interests during mediation. By actively participating in the process and facilitating negotiations, we can strive for amicable resolutions. Embracing mediation not only avoids lengthy and costly court battles but also empowers clients to actively shape the outcomes of their disputes.

    You have presided over a bench and been appointed as an arbitrator, Could you share any insights or lessons you’ve learned from these experiences?

    I have had the privilege of serving as a legal member from the bar in the National Lok Adalat, where I presided over cases. Additionally, I have been appointed as an arbitrator by parties to resolve their disputes. The role of an arbitrator or presiding member differs from that of an advocate. In India’s adversarial system, the presiding person is expected to maintain a non-interventionist stance. This means that as an arbitrator, I am obligated to be non-partisan and impartial, basing decisions solely on the submissions made by the parties and the records presented. It is not my role to act as a devil’s advocate in search of equitable justice.

    Maintaining neutrality as a non-partisan individual can be challenging, particularly given the overwhelming number of pending disputes that require resolution within a single day. However, it is important to remember that we are dealing with people and not just statistics. Striving for equanimity and impartiality is paramount, despite the difficulties. Each case before me represents real individuals and their concerns, and I always made sure that it is my duty to approach each matter with the utmost fairness and objectivity.

    As a pro bono advocate, how does it feel to provide legal representation to underprivileged sections of society? Could you share a significant pro bono case that made a positive impact on your career or personal life?

    As a panel counsel of DHCLS (Delhi High Court Legal Aid Service) and Delhi District Legal Aid, I have had the privilege of providing legal assistance to undertrial prisoners and underprivileged sections of society. In the pursuit of justice, it is essential to pay attention to the marginalized segments of Indian society, even amidst the economic growth the country is experiencing.

    In the realm of criminal law practice, there is often a focus on representing clients involved in white-collar crimes, where the potential sentences are relatively low. However, there are many instances where young adults are falsely implicated in cases such as mobile phone robberies, which carry significantly higher sentences. It becomes challenging for these individuals to secure legal representation throughout the trial, which typically lasts 2-3 years. In such scenarios, the availability of free legal aid and pro bono services becomes crucial. Advocates should consider it their commitment beyond their profession to provide pro bono service.

    During the COVID-19 pandemic, I had the opportunity to interact with an undertrial inmate in Tihar Jail. Despite having already served the maximum punishment of three years, the inmate was still languishing in jail due to delays in obtaining a release order caused by the limited functioning of the courts. Moved by the situation, I took immediate action and filed a bail application on a court holiday, presenting it before a duty magistrate. Through this effort, I was able to secure a release order on the same day, providing relief to the individual.

    These experiences highlight the importance of dedicated legal aid services and the commitment of advocates to serve society. By extending our support to underprivileged individuals and fighting for their rights, we contribute to a more just and equitable legal system.

    Finally, what advice would you like to give to fresh graduates who are aspiring to pursue a career in law? What qualities or skills should they focus on developing to succeed in this profession?

    Law is an intriguing field that has been evolving alongside the changing times. It is important to recognize that there are numerous career options in law available after graduation, beyond traditional paths like litigation or corporate law practice.

    For a litigating lawyer, certain skills are essential. Firstly, honesty is paramount. It must extend to the client and to the honorable court. Upholding honesty and integrity in all aspects of legal practice is crucial for maintaining the trust of clients and the integrity of the judicial process.

    Secondly, perseverance and hard work are key.  Contrary to the portrayal in John Grisham novels, the reality of a successful legal career necessitates ongoing dedication and consistent effort. One significant case does not negate the facet of continuous hard work. It is through sustained perseverance that an advocate can navigate the complexities of the legal profession and further it is important to recognize that success is not achieved overnight. It is a culmination of integrity, diligence, and an unwavering commitment to the ethos which you promised to yourself before entering the profession.

  • To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields- Murtaza Kachwalla, Partner at Argus Partners (Solicitors & Advocates)

    To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields- Murtaza Kachwalla, Partner at Argus Partners (Solicitors & Advocates)

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    As a conversation starter, could you please tell us about your background and how you developed your expertise in commercial and property-related litigations?

    I am born and brought up in Mumbai. I studied law at Government Law College at Mumbai and started interning at Mulla & Mulla & Craigie Blunt & Caroe in my 2nd year of law. During my internship I worked on several commercial and property related litigations. After I graduated, I moved firms and continued to work commercial litigation matters. I also do a fair amount of real estate matters. I have had the privilege of assisting great seniors who were experts in commercial litigation and property related matters and thereby gained a fair amount of experience in litigation and real estate matters.

    What do you think are the biggest challenges facing corporations and individuals in litigation today, and how can they navigate them successfully?

    There are several challenges that corporations and individuals face in litigation today, some of which include:

    1. Cost: Litigation can be incredibly expensive, with legal fees, court costs, and other expenses. This can be a significant burden for both individuals and corporations.
    2. Time: Litigation can take a long time, often stretching on for months or even years.
    3. Risk: Litigation also carries a significant amount of risk, as the outcome of a case can be unpredictable and can have long-lasting consequences for both individuals and corporations.

    To navigate these challenges successfully, individuals and corporations should consider several strategies:

    1. Manage costs: While litigation can be expensive, there are steps that can be taken to manage costs, such as negotiating legal fees, using alternative dispute resolution methods etc.
    2. Be strategic: Developing a clear strategy for the case can help individuals and corporations manage their time and resources more effectively and increase their chances of success.
    3. Communicate effectively: Open and transparent communication with legal counsel can help ensure that everyone is on the same page and can work together more effectively to achieve the desired outcome.

    You have also represented clients in high-stake domestic and international arbitration proceedings. What are some of the key differences between arbitration and litigation, and when is one more appropriate than the other?

    Arbitration is a process in which a neutral third party, known as an arbitrator, hears evidence and arguments from both sides and makes a final decision. The decision of the arbitrator is binding, meaning that the parties must accept it as final and cannot appeal it except in very limited circumstances. Arbitration is generally less formal and less expensive than litigation and may be quicker in some cases.

    Litigation, on the other hand, is the process of bringing a case before a court of law. The court hears evidence and arguments from both sides and makes a final decision, which can be appealed to a higher court if the losing party chooses to do so. Litigation is generally more formal and more expensive than arbitration and can take longer to reach a final resolution.

    Whether arbitration or litigation is more appropriate will depend on the specific circumstances of the dispute. In general, arbitration may be more appropriate if the parties want a quicker and less expensive resolution, and if the dispute involves commercial or contractual issues. Litigation may be more appropriate if the dispute involves complex legal or constitutional issues or if one party is seeking a significant monetary award or other type of relief. Ultimately, the decision to use arbitration or litigation will depend on the preferences of the parties involved and their respective legal strategies.

    Real estate matters are a significant part of your practice. What are some of the most common issues that arise in property-related transactions, and how can clients protect themselves?

    Some of the most common issues that arise in property related transactions are:

    Title documents are not stamped and registered. It is essential for transfer documents to be stamped and registered failing which title does not pass. Pre-nineties parties would not stamp and register documents.

    In land transactions, revenue records remain to be updated.

    In some cases, the original owner has passed away leaving behind will. These wills are sometimes not probated.

    Family arrangements entered into between the successors of the original owner are not adequately stamped and registered.

    It is essential for a party purchasing property to do a proper title due diligence before purchasing a property. Public notices must be published, necessary searches in the land and revenue records must be taken. In case of companies, ROC search must be conducted to see if there is any charge on the property. Permission of the Charity Commissioner must be taken in case of sale of property belonging to a public trust. The title to the property must be clear and marketable and without any encumbrance. It is important to take adequate safeguards such as indemnities, representations and warranties from the seller. Nowadays, in view of the PMLA Act, it is also suggested that the source of funds out of which the seller purchased the property should also be checked. Purchasers must seek advice of lawyers before purchasing properties and seek their assistance in preparing the documentation. This is important so that they do not have any issues when they want to sell the property.

    How do you stay up-to-date with the latest developments in your areas of expertise, and what resources do you rely on?

    There are multiple online/ offline resources as on date to aid lawyers stay upto date with the legal developments. However, what I feel is imperative is the discipline and hunger for knowledge. Argus Partners has a robust Knowledge Management practice which ensures that every lawyer in the Firm stays updated with the recent changes/ modifications in his/ her area of practice. Further, we have created internal databases in the Firm for practice areas like arbitration and insolvency which witnesses regular developments. The responsibility to keep these databases up and running is shared by every lawyer of the Firm of the respective practice areas.  

    Can you share some advice for law students and young lawyers who aspire to have a successful career in litigation and real estate law?

    To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields. Make sure to take relevant courses during law school, participate in moot court, research/ thought papers and seek out opportunities to work with experienced law firms/ lawyers in these areas for internships/ research associate/ paralegal positions.

    I believe that building relationships with other lawyers and professionals in the industry is critical for success along with developing good communication skills. Communication is key in litigation and real estate law, whether it’s presenting an argument in court or negotiating a deal with a client. Practice your writing and public speaking skills and always seek feedback from mentors and colleagues to improve.

    Another aspect which I feel is critical to be good lawyer is being detail-oriented. In real estate law, even a small mistake or oversight can have significant consequences. Attention to detail is critical, so make sure to double-check your work and take the time to thoroughly review any legal document.

    And last but not the least, stay up-to-date on legal developments will go a long way in making you a champion in your field.

    Thus, by focusing on these areas, you can build a strong foundation for a successful career in litigation and real estate law. Remember, success in any field requires hard work, dedication, and a willingness to learn and grow over time.

    Lastly, what are your future goals and plans for your career, and what are you most excited about in the coming years?

    The ultimate goal is to build a firm which believes in quality, gives client’s excellent advice and helps in getting the best outcomes. The firm is doing some top notch work and growing at a great pace.

    Get in touch with Murtaza Kachwalla-

  • Working in the Supreme Court on a wide range of issues from various fields and areas of law requires a multidimensional approach, which is rewarding- Aditya Bharat Manubarwala, Counsel, Supreme Court of India

    Working in the Supreme Court on a wide range of issues from various fields and areas of law requires a multidimensional approach, which is rewarding- Aditya Bharat Manubarwala, Counsel, Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, could you please tell us a little about your background and how you first became interested in pursuing a career in law?

    I was born and raised at Mumbai before I finally shifted my primary base to New Delhi to practice at the Supreme Court of India apart from maintaining a dual practice in other regions of India particularly- Mumbai and Chandigarh. I hail from a quintessential family of Advocates and Solicitors. My mother is practicing as an arguing counsel at the Bombay High Court and other forums at Mumbai since the past 37 years while my father is an Advocate, Solicitor qualified from the Bombay Incorporate Law Society and Advocate on Record at the Supreme Court. This year (2023) he completes 50 years as a practicing Advocate. My elder brothers and their wives are Advocates as well. My father founded a full service law firm at Mumbai 45 years ago. I have subsequently established the litigation practice of the firm at New Delhi, Chandigarh and Ahmedabad with associate offices at Vijaywada, Chennai and Kolkata. Interestingly, my wife and her entire family including her parents and grand-father are also Advocates based at Shimla Himachal Pradesh. I have founded my own Litigation Chamber-set at New Delhi by the name –‘Chambers of Aditya Bharat Manubarwala’. My wife – Akriti A Manubarwala and I jointly operate the Chambers; our team includes four full time Junior Counsels as well as Six Of-Counsels at New Delhi and Mumbai.  Undoubtedly, being raised in a family of lawyers had its impact on me; my causal visits to my parents’ law firm, my interaction with their lawyer friends, my occasional visits to the courts, particularly the Bombay High Court made me develop basic knowledge and idea about the legal profession much more profoundly in comparison to my non-lawyer family background friends. However, despite this background, my interests as a child lay in becoming a Doctor; as a teenager I wanted to be a journalist.  My views changed completely after I got exposed to the lectures and interviews of Mr. Arun Jaitley, Senior Advocate, Supreme Court of India and former Finance Minister of India. I have been an ardent follower of Mr. Jaitley and a self-proclaimed fan since my school days. Since school days, it has been my deep desire to contribute to the growth and development of India. Initially I thought I could do so by being a doctor or a journalist, however, upon closely observing Mr Jaitley’s journey, I got inspired to practise litigation while concurrently dabbling in the field of public policy and politics. As a seventh grader, I was caught by parents mimicking an Arun Jaitley speech in front of the dressing table in my house. I feel, subconsciously, I continue copying and attempting to emulate him. He was truly Guru Dronacharya to me. He was a guru I never met, saw, or spoke with, but whose profound influence continues to shape my career and personality to this day and will almost certainly shape me until my death….

    Tell us about your journey from law school, to Supreme Court including your experience pursing the prestigious Master in Law (LL.M) in International Law Degree at the University of Cambridge?

    I graduated from Pravin Gandhi College of Law, University of Mumbai. Being from a conventional law college has its share of challenges in this NLU-driven legal education regime that we find ourselves in. Faced with this gargantuan challenge of proving my worth, I embarked upon my legal education in a rather structured manner thanks to the advice offered to me by Dr. Justice DY Chandrachud, Now Chief Justice of India, then Chief Justice of Allahabad High Court, who suggested I follow a theme-based model in relation to planning my internships. Themes suggested were – an NGO internship, a policy internship, judicial internship, litigation internship, etc. Apart from following the aforesaid model, I concurrently spent a significant amount of time and energy honing my public speaking skills by way of debates. I won fifteen national and international debate competitions and was even featured in The Indian Express for them. I wrote extensively, first in my own blog, then research papers in law journals and finally in newspapers and blogs. My habit of writing has continued, years after my graduation. I believe writing requires clarity of thought and precision derived from sound research. Writing regularly is akin to working out the mind, and this in turn has a direct positive impact on one’s speaking abilities. Regularly writing and researching has helped me develop my courtcraft as a counsel to a great extent. As of 18-10-2021, I have been published in newspapers and journals across nine countries, including the USA, UK, Belgium, Thailand, Bangladesh, Pakistan, India, Nepal, and Afghanistan. Even now I regularly contribute Op-Ed articles to prominent news papers like – The Hindu and The Indian Express    

    Looking back, it seems like quite a journey. My first brush with the Supreme Court was as a “Research Associate” in 2016 to Mr Justice F.M.I. Kalifulla, then a Judge, of the Supreme Court of India. I remember a rather funny anecdote. I was interning with Mr Justice Shantanu S. Kemkar, then a Judge of the Bombay High Court, in June 2016. It was my first judicial internship. Upon completion of my internship in June with Justice Kemkar, I informed him about my next internship as a Research Associate being in the Supreme Court of India in July 2016. Justice Kemkar in jest said that “you got promoted from High Court to Supreme Court in just a month, certainly much faster than me”. Although said in complete jest, his statements proved correct in a rather different sense. Upon commencing work at the Supreme Court, I grappled with vast, disparate laws. The breadth and sheer diversity of the work I experienced in the Supreme Court was far more than what I experienced in the Bombay High Court. It dawned upon me that practising in the Supreme Court is certainly difficult, but the experience and knowledge gained is insurmountable and unparalleled to working in any other court in India, or maybe the world.  My next brush with the Supreme Court was upon my selection as a Law Clerk-cum-Research Assistant to Mr Justice Vineet Saran, Judge, Supreme Court of India. I worked on one thousand cases whilst there. Working as a law clerk and subsequently as an Advocate at the Supreme Court of India has been one of the most enriching experiences of my life. Working in the Supreme Court on a wide range of issues from various fields and areas of law requires a multidimensional approach, which is rewarding.   As a law clerk, I provided significant research on on-going cases up for final hearing. Amongst other things, I also prepared short briefing notes which essentially summarised the entire special leave petition in 1 or a maximum of 2 pages. My ability to comprehend, process, and interpret vast, diverse, and frequently complex legal propositions grew significantly as well. One of the Judges of the Supreme Court of India once told me early in my tenure, that a lawyer, who can write well, is a lawyer who can speak well. I could not agree more with this. As a law clerk, a significant amount of time is spent reading paper books related to important cases, which is then processed and churned out into concise notes; a logical corollary of this is improved writing skills, which, in turn, significantly improves verbal communication. A clerkship serves as a great prepping experience for a lawyer attempting to build his/her life in litigation, especially as an arguing counsel.   Upon completion of my tenure as a law clerk, I pursued an LLM at the University of Cambridge. While there, I was offered a job as an associate by a top-tier law firm in London. However, all my life I viewed the law as a tool towards social transformation. I always believed in making a difference by being the difference. I deftly avoided succumbing to the temptation of a high paying “fancy” job in the UK and decided to return to India to play my small part in nation building. Once back in India, my experiences and exposure as a law clerk motivated me to commence practice at the Supreme Court of India as a counsel. I closely work on cases on behalf of the State of Maharashtra, State of Goa and State of Madhya Pradesh at the Supreme Court, apart from maintaining a commercial and corporate practice at the National Company Law Appellate Tribunal, New Delhi and Bombay High Court. I also appear on a regular basis before Arbitral Tribunals presided over by former Supreme Court and High Court Judges Apart from my life as a litigating lawyer, I also deliver guest lectures and speeches at national law universities, law colleges and professional bodies. I also work closely with the Parliament of India on issues of law and public policy. I have been appointed by the Union of India and the State of Madhya Pradesh as their Counsel at Supreme Court, making me one of the youngest Advocates representing them at Supreme Court.

    Kindly share with our readers your experiences as a young litigator at Supreme Court and share any advice you would like to young law students planning to join the field of litigation.

    I will not lie; initial years as a young litigating lawyer are tough. It is not a bed of roses. There is an assumption that having a legal background helps one get flooded with work. I beg to differ. Clients trust a lawyer by his own ability and more than anything else the results delivered. The best publicity in the legal profession is by word of mouth. It takes several years of hard work and consistent performance for ones practice to start developing. I have been fairly fortunate to have work coming to me from the word go. I initially joined the Chambers of Mr. Tushar Mehta, Solicitor General of India and concurrently worked as Of-Counsel to the then Mr. Arun Pednekar, Standing Counsel of Goa at Supreme Court (now Judge of the Bombay High Court.) Both my seniors were very encouraging, they helped me not only learn the tricks of the trade in terms of knowledge development and exposure but also gave me the freedom and confidence to develop my own private practice. I was advised by Mr. Soli Sorabjee who was our family friend that to survive at Supreme Court one needs appeals coming from at least two states regularly. I took these words very seriously and spent considerable amount of time developing my relations and networks in multiple Indian States including Maharashtra, Goa, Andhra Pradesh, Himachal Pradesh, Punjab, Haryana and Gujarat. Initially, I did not get much success but as time went by my work increased from all these States and now I have regular work flowing from these States. As my work started increasing, I would re-invest my earnings back in the profession by establishing my own office, dedicated team of staff and junior counsels. I believe that for optimal and sustained growth, young professionals should avoid saving money, they should re-invest what they earn back in developing their profession. For every amount invested in the profession, the profession gives back in leaps and bounds. It is important for a young lawyer to not get demotivated or dejected. The first five years in litigation are very demanding and most leave the litigation field due to lack of success. It is also important to not compare your financial growth with your peers in corporate law. The growth in litigation after initial years of struggle is multi-fold and much more than any possible increment in salary. A successful litigating lawyer is any day more well to do financially than a corporate lawyer. I also sincerely suggest young lawyers to never limit themselves to any one forum. I have been fortunate to get lot of work at Supreme Court initially but I am always open to going to other forums for work. Being a ‘Yes man’ is a mantra every young lawyer should master in relation to being open for work in other forums. It is also important to have your work coming from diversified sources. Being too dependent on one source can be very dangerous. For instance, I have not let any one source of work exceed 20% of my total work. This way even if one source of work stops, there is no devastating impact on ones work flow and income.    

    Can you share the type of work you do on a daily basis and the kind of cases you take up?

    I do a mix of commercial, corporate, criminal, service and civil litigation. I also appear on behalf of State of Madhya Pradesh and Union of India as their Counsel at Supreme Court. I also regularly appear before Hon’ble Supreme Court of India, New Delhi High Court, Bombay High Court, National Company Law Appellate Tribunal, National Company Law Tribunal, National Green Tribunal, Central Administrative Tribunal, National Consumer Forum, State Consumer Forum, Appellate Tribunal for Electricity. My area of practice broadly includes – Public & Constitutional Law, Banking law, Corporate laws, Insolvency & Bankruptcy Code, Civil and Commercial law, Energy law, Consumer and Insurance Law, White Collar crimes, Environmental law, Service and Labour law, Real Estate and Property

    Law, SEBI, Electricity laws amongst others.

    You have been in many international roles from the time you graduated-Advisory Board Member for Asian-African Chamber of Commerce and Industry, Global Peace Ambassador to India, Special Advisor to President of Afghanistan. What is the most challenging role you took up? And what is your most favourite role?

    All roles have had their share of challenges. I cannot single out one particular role, but the most unconventional role has been that of being Special Advisor to the Office of the President of Afghanistan, Ashraf Ghani. I assisted in working out a framework for the Afghan National Water Policy, focusing particularly on the international water dispute resolution mechanisms between Afghanistan and Pakistan and Iran. I also prepared a policy document on reforms to the courts and administrative system of Afghanistan adopting a comparative international approach, particularly studying the Indian, UK and American models.

    Get in touch with Aditya Bharat Manubarwala-

    Phone number- +91 98198 25338

  • The initial years shape your personality as a lawyer and it goes a long way in creating an impression on others- Akshay Pathak, Principal Associate at Cyril Amarchand Mangaldas

    The initial years shape your personality as a lawyer and it goes a long way in creating an impression on others- Akshay Pathak, Principal Associate at Cyril Amarchand Mangaldas

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, our audience would like to know about your journey before you joined Cyril Amarchand Mangaldas

    I was born and brought up in Patna and did my schooling from Patna (Don Bosco Academy and St Michael’s High School). Just like any other middle class household, focus of my parents had always been on education. During school and even college I had just been an ‘above average student’. Whilst I was never the batch topper, from as long back as I can remember, I always wanted to actively participate in any event that came my way, which was related to public speaking. This was maybe the decisive factor in me opting for law. I completed BA LLB (Hons) from GGSIPU, Delhi in 2016. Before joining Cyril Amarchand Mangaldas, I have worked with Shardul Amarchand Mangaldas and briefly with Dentons Link Legal, Delhi office (Link legal was a campus placement). During my law school tenure, I had the opportunity to work as an intern under the able guidance of excellent general corporate teams of some of the best law firms in the country. I am currently working as a Principal Associate with Cyril Amarchand Mangaldas. My practice area primarily includes domestic and cross-border M&A transactions, and general corporate matters including restructurings.

    How were your initial years as a junior associate?

    There is a general perception that the initial years are tough if you are working with a law firm. Irrespective of whether you are working with a law firm or working with a senior in a chamber etc. you need to work really hard as a junior. This is inevitable and every fresher has to face this, and even I was no exception. The fear of the unknown, fear of making a mistake used to be perpetually there. As a fresher everything you are doing is new to you. There is a huge gap between theoretical knowledge and its practical application.  Hence, a junior has to spend more hours and there is no short cut to that. The initial years shape your personality as a lawyer and it goes a long way in creating an impression on others. This profession demands hard work (irrespective of the designation) and the sooner you accept this the better it is.

    Hard work and sincerity will always be given preference over just intelligence. Infact I firmly believe that if the initial years are too comfortable (in terms of work quality, number of hours etc.) it will in some way or the other adversely impact your professional growth. I was fortunate to start my journey under the guidance of some of the finest corporate lawyers of the country. If you have good seniors, you feel motivated to push yourself and give your best. Hence, I believe that role of a senior is also crucial for the growth of a fresher. People mostly quit bad seniors and not the organization or the work. A lot has been written and said about having a ‘work life balance’. This is something very subjective. Someone may get free at 7 in the evening and may feel the lack of motivation to pursue any other hobby, while the other may get free at 10 in the night and may be able to pursue a rejuvenating hobby.

    What is your take on the on-going discussions in relation to mental health issues being faced by young lawyers?

    Each of us may have issues which we may not be able to or be willing to share with everyone (specially office peers). Waking up every morning, separating your personal and professional life and going out, giving your 100 percent is never easy, in such a situation. Mental health should be taken very seriously by each individual and by peers as well. Specially in a profession like ours where you need to always give your 100 percent, not just to thrive but even to survive. It is nearly impossible to work efficiently if there are things effecting your mental well being (reasons could be personal or professional). Allowing your peers and team members that space to open up, talk about such issues can go a long way in not only increasing overall work efficiency but also in building strong bond between the team members.

    Sir, you have carved out a career in one of the best law firms in India. What were the things you did right (and wrong) in your journey so far?

    I would break this answer into two halves- one being the time spent in law school and the other half being the time spent as an associate in law firms.

    During law school, specially during the 4th and 5th year, I realized the importance of internships. If you are not from the top 5-6 national law schools, there is no other way to start working with good law firms. An internship gives you an excellent opportunity to show case your hard work and sincerity, and I believe every law student should take up internships very seriously and never intern merely for a certificate or just to fill up CV. I personally took my internships very seriously and tried to make the most out of them. Infact the team I have been working with from the past 6 and half years is the same team I interned with in my final year in law school.

    Once you start working, the first thing which you should do is try to develop dependency, and learn to be accountable for your work. ‘Being available to help’ and ‘working hard’ are the two most important attributes. You may not be the smartest one in the room, but you can work harder than the majority. That is totally under your control. Every criticism should be accepted with a positive frame of mind. As a junior one is bound to make mistakes. The most important thing is how you outgrow your insecurities and learn from your mistakes. One should never try to settle for less, specially during the formative years as a lawyer and try to always push your limits. If you start giving too much importance to work life balance in the initial stage of your career, some way or the other your professional growth may get hampered. However, I see this as a choice- one may prioritize work life balance coupled with gradual and slow growth over sharp growth over a short span. Hence, it should always be a personal decision. 

    The major part of your career revolves around corporate law. Which aspect of this thrills you the most?

    Every aspect of my work thrills me to be honest. If you don’t love what you are doing, there is something wrong with either what you are doing, or your career choice. As a corporate lawyer you get to work on some of the biggest M&A deals happening in the country. You get to engage with, work with some of the sharpest minds across various sectors. You grow not just professionally but also personally. That I believe is the most satisfying aspect of the work I majorly do.  For students / professionals who want to work with law firms, the motivating factor should always be good quality of work, better learning curve, experienced seniors to work with. One should never get carried away by hearsay negative feedback about an organization or law firms in general. At the same time never get carried away by the ‘Harvey Specter’ effect where you get enticed by other lesser relevant factors (clothes, cars, money). In long run everything follows if you are motivated and willing to work hard. ‘Overnight success’ doesn’t exist. Each day counts.

    You have effectively facilitated some major Mergers and Acquisitions. What are your key learnings while dealing with those cases?

    In my limited experience what I have understood and learnt so far is that working hard, staying updated and on your toes, are not just the only areas where you need to be good at. In addition to the above, meeting client expectations and being able to meet deadlines (internal as well as external) is something which is very important. All the hard work, sincerity is of no use if you fail to meet expectations of your senior or the client. I believe majority of the success one attains in one’s professional journey comes from being able to ‘understand and deliver as per the expectations’. Efforts which are channelled always meet better results. Hence, before working on any deliverable, understanding expectations of your client / senior is of utmost importance. 

    Internships in Tier-1 firms have been the hardest yet most desired by budding law graduates. Can you share a few suggestions which could help them to materialize the same?

    Networking and visibility is the key. Law students, specially from tier 2 and tier 3 law colleges should make it a point to mark their presence both physically and virtually in legal space. This can be by way of being physically present for seminars and conferences and being active on Linkedin. Students should keep themselves updated and actively write articles/ papers/ blogs on legal issues and changes. One cannot expect approaching anyone directly without any prior interaction, and getting an internship at one go. Students should follow a two way approach for getting internships – (1) applying well in advance (6-7 months atleast) to atleast 30-40 law firms and following up regularly (sending just 1 email for internship is as good as not applying for an internship) ; (2) building a strong presence of Linkedin by way of writing articles/ blogs, getting in touch with seniors, alumni, sharing your work with them on a regular basis, and then approaching them for internship.

    What do you think is the best for a law student to do with respect to internships? Short-term internships over several genres of law or long-term internships in a specific field of law?

    Interning multiple times with the same organization, in the same practice area with the same team preferably is better than interning 10 times with 10 different firms across different practice areas. Interning in the same practice area multiple times helps you to hone your skills and build your knowledge base in that specific practice area.

    Do non-NLU graduates stand a chance as freshers with Top notch law firms?

    Yes, absolutely. As I said earlier, internships are the best way to showcase your hard work and sincerity. If you meet the basic threshold set by a team for a fresher, and are able to demonstrate the hunger to work hard, learn and grow, college will not matter. I am also not from any NLU for that matter.

    Sir, you have a myriad of journal publications under your name. How important do you think publications are for a law graduate, both as a student and as a professional?

    Research papers become a talking point in your interview. No law firm will hire you just because you have 5 good publications. However, it does demonstrate that you have good research skills and that you were able to analyse a legal point. In an interview if you are able to substantiate on that legal issue, it can go a long way in creating a positive impression in the mind of the recruiter.

    What is the importance of moot court competitions in a CV?

    Just like a paper publication, no moot court competition can get you a job. Even if you end up winning 5 moots, no law firm will hire you solely on that ground. Participation/ winning a moot court competition demonstrates that you have good research skills and again it would be a talking point in your interview. However, I would encourage all law students to actively participate in moot court competitions and write research papers. In law school you would get to learn application of law mostly by way of your participation in co-curricular activities. 

    Lastly, what advice would you like to give to Non-NLU graduates who have big aims to get into prominent tier-1 law firms? 

    With my limited experience in legal space, the only advice I can give to anyone is to have faith in hard work, and sincerity. Hard work and sincerity would always be preferred over intelligence. Have short term goals for each semester and decide how many papers you want to write, where do you want to intern, how many research papers you wish to publish and then act accordingly. Belief in hard work more than destiny should be the mantra.

    Get in touch with Akshay Pathak-

  • The hard work you do in your senior’s office helps  a lot when you start your own practice- Yasharth Kant Srivastava, Advocate on Record, Supreme Court of India

    The hard work you do in your senior’s office helps  a lot when you start your own practice- Yasharth Kant Srivastava, Advocate on Record, Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, can you tell us a little about yourself and how you decided to pursue law as a profession?

    I am a practicing lawyer with over 10 years of experience at the bar. I completed my law degree from National law University, Lucknow  and started my career as an associate with a Senior Advocate in the Supreme Court. However, I always had a passion for advocacy and decided to switch to  independent litigation after a few years. I was drawn to law as a profession because of its ability to bring about  change in society  Moreover  I am a second generation lawyer therefore I grew up watching lawyers in my family, which actually created my interest in the field. 

    You have a vast experience of more than 10 years at the bar. Could you please share with us how your experience has been so far and some of the significant cases you have handled?

    My experience at the bar has been challenging and rewarding at the same time. Even though I come from a family of lawyers,  initially it was difficult to get your own clients , so in my early day I decided to sharpen my skills on cases allotted  by my seniors.I have had the opportunity to work on a variety of cases across different areas of law, including Constitutional Law, Criminal Law, commercial disputes, Educational and service law, and arbitration. I have been involved in many constitutional bench cases  and one of them was a 9 judges bench on tax matters. That case went on for 2 months. It was a complex case that required extensive research and preparation, but it was a great learning experience.

    The hard work you do in your senior’s office helps  a lot when you start your own practice.  

    You have dealt with cases before Constitutional benches of the Supreme Court. Can you tell us about your experience of appearing before the highest court of the country, and what is it like to argue before such benches?

    I was one part of a team of lawyers who appeared before various  Constitutional benches of the Supreme Court and it  was an exhilarating experience. When you appear before the constitutional bench , you are part  evolution  of laws which the future generation will read, However, it is also a daunting task as the stakes are high, and  as young lawyers there is a lot of  pressure ,to prepare for such cases, I spend a considerable amount of time researching and analysing the legal issues involved. We also try to anticipate the questions that the judges may ask and prepare my arguments accordingly. All this hard work helps you sharpen your  legal mind. 

    You have represented insurance companies, banks, and government departments before the Hon’ble Supreme Court. Can you talk about the challenges that you face while representing these clients, and how do you overcome them?

    Representing insurance companies, banks, and government departments can be challenging as these clients have unique requirements and expectations but it is like any other client , as they  also want results. One of the significant challenges is to balance the client’s interests with the legal and ethical obligations of a lawyer. To overcome these challenges, I ensure that I have a thorough understanding of the client’s business and objectives. I also maintain open communication with the client and keep them informed about the progress of the case . Regular updates to the clients from the lawyers is also one of the important  tasks of a lawyer.  Clients are also part of the process. 

    You have also dealt with arbitration matters, including the appointment of arbitrators through Courts. Can you tell us how you prepare for such cases and what makes them different from regular court cases?

    Arbitration matters require a different approach than regular court cases, However pre arbitration litigation is very common these days and often requires court orders ,to even get the arbitration started. Arbitration as such is considered  to be a quicker remedy to settle the dispute, but it only works if both sides want an authoritative pronouncement  , otherwise it might also become cumbersome.

    What are some of the skills that you think are essential to be a successful lawyer, and how can young lawyers develop them?

    My usual advice would be , excellent communication skills, analytical abilities, and attention to detail. But I would also add that one should also start investing in human resources. Young lawyers should start to develop genuine human relationships in life and it will help them in the long term. People should trust you as person and as lawyer both. Trust building is a very important part of litigation. Lawyers are engaged mainly because the clients trust them.

    Finally, what advice would you like to give to young law graduates who are just starting their careers and looking to establish themselves in the legal profession?

    My advice to young law graduates would be to focus on building a strong foundation in the law and developing a deep understanding of legal principles and concepts. They should also cultivate a strong work ethic, be open to learning, and seek opportunities to gain practical experience. Finally, they should always maintain high ethical standards and uphold the integrity of the legal profession.

    By practical experience I mean , they should start working like a lawyer ,even when they are  interns, don’t wait  for your degree , start early , Don’t go for short cuts in early days ,because later on you will have much lesser time in your hand. 

    Build rapport  with your teacher, seniors ,colleagues and even  boss.

    Everyone has a different journey , but your seniors can always shows you the path.

    Get in touch with Yasharth Kant Srivastava-

  • It’s paramount to have an understanding rather than mere knowledge of various Acts, as litigation is the intersection of various laws- Disha Singh, Advocate-on-Record,Supreme Court of India and Certified Mediator

    It’s paramount to have an understanding rather than mere knowledge of various Acts, as litigation is the intersection of various laws- Disha Singh, Advocate-on-Record,Supreme Court of India and Certified Mediator

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Ma’am, could you please tell us a little about your background and what led you to pursue a career in law?

    I’m a law graduate from Campus Law Centre, Faculty of Law, University of Delhi, and thereafter I’ve done my masters from Queen Mary, University of London. I’m also an advocate on record at the Supreme Court of India. The areas of my expertise include civil and commercial law, property law, writ litigation, and advisory. I represent clients and appear before the Supreme Court of India, the High Court of Delhi, and District Courts. I had a fair idea that I wanted to pursue law as a profession since my school days, and that developed further after my graduation.

    You’ve worked for various organizations as a panel advocate. Could you walk us through what you learned from each experience and how it has contributed to your overall growth as a lawyer?

    My work as an advocate and my engagement as a panel advocate of government bodies have made me appreciate the importance of the complex interaction of centre, state, and local law. I decided to pursue law because I believe that the law is a critical tool for addressing problems facing our national and immediate environments and for securing a high quality of life for the citizens of society. The work undertaken by me as a panel advocate helped me build on my background, skills, and knowledge, which propelled my growth in the legal profession.

    In my previous experience as a panel advocate, I have learned and grown due to the complexity of litigation involved in such assignments and the responsibility of representing government agencies. I would like to believe that working directly with government entities in the legal system has given me opportunities to see how the law affects real people and how it works in real time.

    Could you share with us some of the most challenging cases you’ve handled in your career so far, and how you approached them?

    The most challenging cases that stand out distinctively in my mind would be a batch of review petitions for enhancement of compensation in a land acquisition matter in the Supreme Court early on in my career. This was my first independent appearance and an opportunity to argue a case before the Supreme Court. This case gave me the confidence to draft and plead a case from its inception to its rightful conclusion. These are rare opportunities for a young lawyer, and I would like to thank my senior, Sh. S. K. Pabbi, for the same.

    You’ve also been involved in legal aid and pro bono work. Could you tell us a little bit about your experience in this area and why it’s important to you?

    I’ve worked as a panel advocate with the Delhi State Legal Services Authority for three years. This has allowed me to observe the workings of our justice delivery system and has allowed me to contribute my small bit to the better implementation of reforms that legal aid strives for. After working with legal services authorities, I have gained a fair understanding of how the various elements of the justice system operate and how essential legal aid is for fulfilling the promise of access to justice for every citizen.

    Could you walk us through your research and publications, particularly your dissertation on Drawing Adverse Inferences from the Non-Production of Evidence in International Arbitration?

    I have developed my writing and research skills as a postgraduate student while writing my dissertation. The opportunity to write my dissertation taught me the basic research skills that any legal professional must master. This experience helped me gain insights on effective research techniques and improve my writing skills, which assisted me in sculpting my drafting skills as an advocate.

    How did you approach your academic studies, and do you have any tips for aspiring law students?

    My approach has always been to understand the fundamental principles of any law instead of knowing the number of the section or the name of a certain principle. It’s paramount to have an understanding rather than mere knowledge of various Acts, as litigation is the intersection of various laws. It’s also important to develop a sense of curiosity and keep it alive as the years pass by. I would also advise law school aspirants to cultivate a healthy habit of reading.

    What advice would you give to fresh graduates who are just starting their careers in law?

    I would like to share something I read that has stuck with me as a first-generation lawyer, especially with those who want to work in litigation: “patience is not something you develop out of choice but because nothing else works.” At the risk of sounding preachy, I would advise law graduates who want to work in litigation to have perseverance and patience.

    Get in touch with Disha Singh-