Super Lawyer

Author: SuperLawyerTeam

  • It takes a mixture of interest, skill, experience, and diligent work to succeed in commercial litigation- Anuja Pethia, Former Civil Servant, Government of India ,Advocate on Record, Supreme Court of India

    It takes a mixture of interest, skill, experience, and diligent work to succeed in commercial litigation- Anuja Pethia, Former Civil Servant, Government of India ,Advocate on Record, Supreme Court of India

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

    Ma’am, could you please share with us how you began your career in law, and what motivated you to pursue this profession?

    I completed my B.A.LL.B. degree from National Law Institute University, Bhopal in 2013 and enrolled as an advocate in the same year. Propelled by my keen interest in International Criminal Law, I pursued my LL.M in International Crime and Justice from United Nations Interregional Crime and Justice Research Institute and Università degli Studi di Torino, Italy in the year 2014.

    Immediately after returning to India, I cleared the All India Civil Services Examination in  2015. My position thereafter provided me with great exposure. I took the charge of Assistant Director, Office of Regional Director (North Zone), Ministry of Corporate Affairs, New Delhi for two fulfilling years. Since December 2018, I have been pursuing my career in law as a Legal Practitioner and as the co-founder of Pethia and Shergill Law Offices which is now being rebranded as Swarnim Partners and Associates.

    My passion for social justice and litigation were the main factors that motivated me to pursue law as a career. As I was pursuing my B.A.LL.B., I witnessed workplace inequalities, social inequality, and injustice. It ignited a strong desire in me to make a difference in people’s lives by being there for them to fight for their rights. I also had a keen interest in the Indian legal system and its workings, which further fuelled my decision to pursue a career in law.   

    As an advocate on record at the Supreme Court of India, and a registered advocate with the Bar Council of Madhya Pradesh, could you tell us what it takes to become a successful advocate in India’s legal system?

    I’m a panel lawyer for the State of Madhya Pradesh before the Supreme Court of India since 2020 and qualified for the Advocate-on-record exam in the year July 2022. To become a successful advocate in India’s legal system, I feel that, one must have a strong foundation in legal knowledge. It is important to continually learn and evolve in this profession. If you are first generation lawyer, then you also need a lot of patience because it takes time to start getting your own clients. Till that time, one must try to gain as much practical knowledge of law as possible.

    From my personal experience, I have observed that the kind of exposure my LL.M. degree gave me is immeasurable. After that, I cleared the AOR exam, and preparing for it again was an evolutionary process. Every exam’s preparation will always give you something in return.

    Moreover, excellent communication and analytical skills are also two significant requirements for a successful litigation career. It is also essential to stay up-to-date with the latest developments in the field of law. In addition to that, I believe that one of the most important traits of a successful lawyer is to build a good rapport with clients and to empathetically understand their needs and objectives. Additionally, networking within your profession also plays an important role in building a successful career.     

    You ranked 593 in the UPSC Civil Services Exam in 2015 on your first attempt. How did you prepare for this exam, and how has your experience in the Indian Corporate Law Service informed your current work as an advocate?

    My preparation for the UPSC Civil Services Exam involved a lot of hard work, strategic planning, and dedication. I studied by dividing hours each day systematically and focused on improving my knowledge in new areas. I also took several mock tests to help me better understand the format of the exam and to build my confidence.

    Taking the charge of Assistant Director, Office of Regional Director (North Zone), Ministry of Corporate Affairs, New Delhi has played an invaluable role in my independent litigation practice and also in co-founding my firm. It not only invoked my interest in corporate law but also enhanced my knowledge and understanding of the same. The profound experience helped me to advise my clients better on matters related to corporate law and IBC. Additional capabilities cultivated during my tenure as a civil servant such as strong analytical and problem-solving skills have also proven to be useful in my litigation practice.

    You have extensive experience in commercial litigation, including representing private and government. Could you speak to the challenges of working in this area of law and how you approach them?

    There are various challenges in commercial litigation. If I have to name a few, then the complexity of cases and voluminous documentation involved. To overcome voluminous documentation, I have adopted a meticulous and organized approach to document management. The shift towards electronic gadgets has also been a saviour in this regard. The complexity of the case is not a challenge per se, but it requires a deep understanding and interest in the subject to bring out fruitful results for your clients.

    Additionally, maintaining transparency with clients by regularly updating them on the progress of the case, and providing them a realistic assessment of the case’s potential outcome also helps in dealing with the complexities issue. Ultimately, it takes a mixture of interest, skill, experience, and diligent work to succeed in commercial litigation.        

    In addition to your work in law, you have also served as a member of several internal complaints committees established under the Sexual Harassment at Workplace Act. What inspired you to take on this role, and what lessons have you learned from it?

    As someone who strongly believes in ensuring safe and equitable workplaces for all women, I was inspired to take on the role of serving as the Independent External Member on the Internal Complaints Committees of the Lok Sabha Secretariat, Parliament of India, Swarovski India Private Limited, Cvent India Private Limited. Through my work on these committees, I have learned that creating a safe and supportive environment for women to report incidents of sexual harassment is crucial in preventing and addressing these issues in the workplace. With my keen interest in workplace equality, I have also founded an organization namely Equalplus. The sole purpose of this organization is to ensure workplace equality.

    It is of paramount importance to approach every complaint of sexual harassment with the utmost sensitivity, empathy, and dedication to deal with a complaint with impartiality and fairness. At the same time, it is also about protecting the rights of the respondent as well. This role  has strengthened my belief in the requirement for constant efforts to raise awareness and educate the public at large about the seminal importance of preventing sexual harassment at workplace.     

    You hold an LL.M. in International Criminal Law, which you earned from the United Nations Inter-Regional Crime and Justice Institute and Universitá Degli di Torino, Italy. How has this advanced degree influenced your legal practice, and what are some of the key takeaways you gained from your studies?

    Having pursued my LL.M. in International Crime and Justice, I have been able to enhance my knowledge of criminal law beyond the domestic Indian legal system. It helped me understand the relevance of comparative studies and understanding the other prevalent criminal justice systems around the world. The degree has also given me a much deeper knowledge of international criminal law.  

    Having a broader understanding of other nations’ judicial systems has also made me better understand the domestic Indian justice system, and has helped me represent my clients with a strategic approach domestically.  

    Overall, my LL.M. from United Nations Interregional Crime and Justice Research Institute and Università degli Studi di Torino, Italy has helped me to become a more well-rounded and informed advocate and has given me the tools to approach legal issues from a more nuanced perspective. As I have mentioned earlier, the legal profession is ever evolving and the only way to survive in this profession is to learn and expand your knowledge.  

    You have published several articles on legal topics, including “To Bail or Not to Bail?” and “In the Light of Growing Prison Population Should We Look for Alternatives to Imprisonment?” What inspired you to begin writing about the law, and what message do you hope to convey through your work?

    The legal profession is not just about practicing law, it is more than that.  It is an ever-growing process to learn. It is very important to share your thoughts and views with the public at large and then have a critical analysis of your thoughts from others. This is one of the best ways to grow and learn.

    My articles reflect my insights on the issues related to reluctance in granting bail, overburdening the already overburdened jails by non-strategical imprisonment, and my thoughts on alternatives to imprisonment.

    The reluctance of granting bail to the accused is an issue that has recently been pointed out by the Hon’ble CJI D.Y. Chandrachud as well. As a progressive nation with an independent judiciary that believes in the idea of transformative constitutionalism, there is a need to have an effective change in the criminal justice system to make provisions regarding the alternatives to imprisonment.  Through my writing, I hope to encourage meaningful conversations about these important topics and promote reforms that can lead to a more just criminal justice system.

    As a member of various complaints committees, you have likely seen how the law impacts people’s everyday lives in profound ways. What do you believe are some of the most pressing legal issues facing India today, and how do you think they can best be addressed?

    Working in several complaints committees has given me the exposure to see first-hand how the law leaves an impression on people’s lives in remarkable ways. I believe the most pressing legal issues which India is facing today are, the lack of equal access to justice for all, the lacunas in our justice system, being less vocal and active in addressing gender-based violence and discrimination, and the inability to protect and defend the rights of marginalized communities.     

    The best way to address these challenges is to promote legal literacy and awareness. This can be done with the help of various law schools in India, and by enhancing the efficiency of our justice system by being more alert on the issues related to corruption. It is important to work towards creating an environment that is more inclusive to protect the rights of everybody. Additionally, efforts must be made to address the root causes of social and economic inequality, which can exacerbate legal problems for marginalized communities.

    Lastly, what advice would you like to give to all the law graduates who are at the beginning of their careers?

    As a legal professional with several years of experience, I would advise young law graduates to continually strive to expand their knowledge base. Since the field is constantly evolving, it is imperative to stay up to date with the latest developments.

    Another significant piece of advice for young lawyers is to be patient in their quest to have an independent legal career. By expecting success overnight in this challenging field, they set themselves up for disappointment. However, through persistent efforts and dedication, they can achieve their goals and make a lasting positive impact on society.

    Get in touch with Anuja Pethia-

  • A lawyer must always remain humble and a student for life- Shivangi Prasad, Author & Co-Founder, Equilibrio Advisory LLP

    A lawyer must always remain humble and a student for life- Shivangi Prasad, Author & Co-Founder, Equilibrio Advisory LLP

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

    Did you always choose to be an advocate or there were other plans as well?

    I actually wanted to convert my love for painting and creativity into a career and I wanted to be a fashion designer. However, law also always seemed very exciting and I ultimately decided to choose this path. Today I can safely say that I made a good decision. There is immense pleasure in serving the society in a way I am able to do now. Everyday there is a sense of calm and peace and that belief that I made a difference.

    How challenging has it been maintaining a work-life balance and how young legal professionals can learn to strike that balance in their professional lives?

    Today’s working environment has a lot of pressures attached to it with several deadlines and deliverables and deliverables are required as of ‘yesterday’. Running a firm has required me to be on my toes for different reasons everyday. It has been overwhelming on many days too! One thing that really works for me is to try and visualise my week as much as possible and plan it in advance. When I started I felt like planning itself takes 2-3 hours of my time and I couldn’t plan days to the T as there would always be surprises but taking some time to plan my days has really helped me in the long run. It just provides a method to the madness. Further, I have a team of 20 currently. Planning helps me plan their work as well which in turn means they are prepared. In fact, I have often recommended planning in advance to my associates as well and I can see that when they do that too, there is less anxiety, quick delivery and better work life balance. Some days, as I mentioned, can be exceptional depending on sudden work demands. In such situations, its important to prioritise the most important deliverables and be aware that certain other deliverables may suffer and be prepared to let somethings go.

    With having such a great experience on POSH and training in the same, according to you what creates an obstacle for a great work environment in any organisation?

    After having conducted 250+ trainings and 200+ inquiries on this subject, I can safely say that it’s a culmination of a lot of things. There can be several factors that create obstacles for a great work environment in any organization and it can also include aspects such as micromanagement, unhealthy competition, lack of recognition and appreciation etc. However, in the context of the work I do, I think some of the below play a key role:

    1. Lack of respect: Sometimes, based on the complaints I get, it appears as though there is complete disregard for respect for the other person. There is nothing wrong in asking a person out. However, in spite of repetitively and clearly stating that one may not be interested, there still appears to be lack of respect for that decision and constant follow ups. This leads to mental breakdowns sometimes and complaints.
    2. Miscommunications – intent vs. impact: Sometimes, what a person says is very different from what a person understands. While one may say something to help the other, the other feels as though their private space is being invaded in, for example. This also acts as an obstacle for a great workplace. Further, when there is a lack of open and honest communication between management and employees or among team members, it can create confusion, misunderstandings, and a lack of trust.
    3. Inadequate leadership and vision: if leaders do not walk the talk and themselves engage in inappropriate behaviour, there is very little for others to learn. Abusive language is often considered as cool in modern workplaces and the impact is that right from leaders to new joinee – everyone ends up speaking the same language. New joinees often feel ‘that’s the way it is’ and they must become a part of the culture to really be a part of the culture. Often leaders also misuse their position and engage in harassing behaviour knowing that very few people to no one may have the courage to report – thereby percolating the behaviour throughout the fabric of the organization.
    4. Unfair or unequal treatment: Discrimination, bias, or favoritism also ads to toxic work environment that erodes trust and morale. While there are more and more regulations coming in, it is important to inculcate the practice of equal treatment to all.

    You can read more in my book – Handbook on the Law of Sexual Harassment

    What was that one case in your life wrt POSH and Child Safety at work that completely shocked you? If you could share some brief facts about it?

    Given that instances such as these have to be dealt with confidentially, I am not at liberty to discuss facts of any of the complaints I have handled. However, I can certainly say that most of the complaints feel shocking still even after having handled hundreds of them. This is not an area of work where you ever receive a pleasant concern. Anyone looking to work in this space, must consider the fact that such complaints may (most of the times) feel deeply inappropriate, triggering and may even lead to emotional or mental breakdown in extreme cases. Most of the times complaints that involve sexual assault or rape are the most disturbing. One example that I can think of right now is a case in which a child was raped by the father and the mother was aware of it. She did not say anything as she did not want the name of the family to get ruined.

    Congratulations Shivangi on your publications on several topics! But as digital media creates mis-information as well sometimes, how beneficial are the newly built websites and journals for updating yourself wrt regulatory changes?

    I think this is a very important and a relevant question today. I think we have a mix of ways in which information is being put out– some are very professional and sensitive (and that may give you the right information). Some on the other hand may use CHAT GPT for example to create content which you absolutely cannot depend on! also, this culture has someone got stuck to students in a way that often interns quote website links (which could be news paper articles) as legal reference to a legal opinion. They also write down opinions on laws based on quotes mentioned in articles without reading the actual clauses. That gets me worried sometimes as most of the information is misinterpreted. Its important for law professors as well as professionals to guide students and teach legal research. My website www.poshatwork.com also provides regular updates on the law, however, we always always always analyse the original copy of the judgment or the law to put out any summary as well. Anyone who decides to publish must take responsibility because the moment you put out an information, there are people who may depend on it.

    What are the problems according to you that are still encountered by the LGBTQ youth in India?

    Its almost impossible to list down the challenges here given there are so many. The few top ones based on my research, observation and discussions with those impacted appear to be:

    1. Lack of awareness (while a lot has changed, people still tend to use insulting language, they grapple with stereotypical understanding of the community, people misgender, deadname others due to lack of understanding around gender affirmation, people also assume a lot about bisexuality for example which may be completely incorrect)
    2. Discrimination (with lack of awareness comes discrimination. As a result most people from the community are still closeted)
    3. Lack of inclusion (with being closeted comes an apparent lack of inclusion. Even if one is getting an opportunity or doing well for themselves, the society will never know, they will never learn. As a result while things are changing slowly however most people from the community don’t get equal opportunity– be it in education or employment or any other aspect of life. Its like a vicious circle).
    4. Absence of equitable measures (there have been generations of wrong committed. Our society needs equitable measures to correct those wrongs. While some states have launched some measures which have been effective, a lot more needs to be done)
    5. Lack of facilities (infrastructure and facility needs to develop for inclusion. We do not have unisex public bathroom. Public buses are a challenge for trans folx. These need to go through a change and everyone needs to play their part).

    The law does mandate duties for all of us. You can read more about them in my book – Handbook on the Law for Protection of Rights of Transgender Persons’.

    As a legal professional with such great achievements, what motivates you to push harder than yesterday? And what is the role of mentoring specifically in the legal industry?

    As mentioned earlier, making a change everyday pushes me harder. It’s a fantastic feeling to have helped resolved a concern. As a firm, we have conducted 1500+ inquiries, 2500+ trainings and created awareness amongst 3L+ individuals directly excluding all our social media efforts. I believe that’s a good step towards building respectful workplaces but a lot more needs to be done.

    Also as mentioned earlier, today its extremely important for law professors and professionals to nudge students in the right research direction. I may sound outdated, but based on my experience with most students so far, in the world of AI and everything else, somewhere the quality of legal opinions is losing the battle!

    Finally, a word of advice for the upcoming legal professionals?

    Society and law are intertwined. If you have chosen this field, don’t shy away from reading about new developments. A lawyer must always remain humble and a student for life.

    Get in touch with Shivangi Prasad-

  • I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future- Gaurav Singh Bhatti, Partner – Dhillon & Bhatti Lawyers Professional Corporation

    I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future- Gaurav Singh Bhatti, Partner – Dhillon & Bhatti Lawyers Professional Corporation

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

    Hi Gaurav! Before getting into the big details, can you tell us why you chose law as a career? Has it been a lingering childhood ambition?

    Since childhood I had a natural inclination towards law as both my parents are in the legal profession. I have always been motivated seeing their commitment towards law and administration of justice. Practice of law is such that in one matter a lawyer would be assisting clients in complex civil or transactional matters and in another matter a lawyer would be instrumental in protecting the lives and liberties of individuals. I am of the belief that as lawyers we can make a positive impact in our society at large and this motivated me to pursue a career in law.   

    Can you throw light on your practice pertaining to Commercial and Residential Real Estate transactions and Corporate-Commercial Practice?

    Our Real Estate practice revolves around acting on behalf of clients in acquisitions of land, developmental projects, commercial properties, multi-unit and single-family dwelling units. We also represent clients in institutional and private financing transactions.

    As a part of our Corporate-Commercial practice, we assist our corporate clients in the acquisition and disposition of shares/ assets, franchise agreements and business purchases. We also advise health care providers on matters ranging from acquisition of existing medial practices, incorporations, partnership agreements and regulatory and licensing matters.

    As we grow, we are also expanding our practice areas to include Immigration Law specific matters as well.

    Many budding law graduates intend to pursue LLM abroad. Can you describe your journey from Army Institute of Law (Affiliated to Punjabi University) to Osgoode Hall Law School, Toronto. What motivated you to pursue your LLM in Canada?

    During my time at law school, more and more law graduates began to pursue higher education abroad. With most of my internships and past experiences centered around litigation and adversarial system of law in India, the premise of gaining experience on how law is practiced in foreign jurisdictions seemed exciting to me. When I did my research, I was intrigued to learn how pursuing Masters at reputed universities would enable candidates to learn how law is practiced and applied in foreign jurisdictions.

    With that in mind, I applied to two Canadian Universities. I received an offer from Osgoode Hall Law School (York University, Toronto), which is the second oldest law school in Canada and because of the stimulating academic environment and diverse course offerings of the graduate program, Osgoode had always been my first preference.

    How did your education and internship experiences in India play a role in shaping your career as a lawyer now in Canada?

    During law school, I interned at the Punjab & Haryana High Court and District Courts to learn how litigation practices are managed. I also interned at a tier-1 law firm in Delhi in their General Corporate practice to get an insight on how legal support services are provided to corporate clients. I believe experience in both litigation and corporate setup is essential to ascertain one’s true calling in law.

    These days most of the premier law institutions abroad prefer candidates with prior work experience for admissions to graduate program. When I applied, it was not the norm but candidates with prior experience were preferred. My family and faculty at Army Institute of Law encouraged me to take a leap of faith and apply. In my statement of purpose to the foreign universities, I explained how my internship experiences enhanced my understanding and application of law in theory and in practice.

    Can you give our readers a glimpse of your experiences as an Articling Law Student at Mississauga?

    In Ontario, the Law Society mandates that prior to being admitted as a Barrister & Solicitor, licensing candidates need to work under the supervision of a lawyer for around 10 months (articling) or complete a law practice program. I articled at a boutique law firm in Mississauga focusing on Real Estate, Corporate and Immigration Law. During my time at the firm, I gained hands-on experience on how to manage files and develop a resolution-oriented approach.

    What do you think are best areas of practice for Indian law graduates seeking to establish themselves as lawyers and solicitors abroad?

    In most western countries, lawyers usually practice as specialists of one or two areas of law. General law practices are prevalent but not very common. I am of firm belief that one must choose an area of practice based on what they are passionate about. I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future.

    Can you describe how your normal work day would be like at Dhillon & Bhatti Lawyers Professional Corporation?

    Our firm is open on weekdays from 9 AM to 5:30 PM. We are a team of two lawyers with support staff. We usually start our day by attending to tasks that require immediate attention. Client meetings, appearances and important deadlines are marked in our digital calendar. I make it a point to go through my schedule for the next day one day in advance so that I am able to manage work seamlessly the next day. Depending on workload, sometimes we need to work on weekends and afterhours on weekdays. Most of our work has crucial deadlines and time is of the essence in corporate and real estate transactions. We usually host team lunches on Friday evenings to end the work week on a lighter note.

    What are the qualities and talents you would look out for in an intern or fresher you would recruit for Dhillon & Bhatti Lawyers Professional Corporation?

    I believe strong analytical skills and resolution-oriented approach is essential. Our clients are either billed hourly or a flat fee retainer is settled. In either case, time management skills are of value as lawyers usually work on multiple matters in a day.

    Can you share your advice and words of wisdom to young budding lawyers aiming to set up their legal careers across borders?

    Persistence is key and there’s no substitute to hard work. In our line of work, for continuing professional development, devoting time every week towards reading and keeping abreast with new developments in law is absolutely necessary. When it comes to practice of law, a healthy balance must be maintained when it comes to being empathetic and motivated towards the clients cause and a lawyers duty towards the courts in administration of justice.

    Get in touch with Gaurav Singh Bhatti-

  • Struggle is a constant phenomenon and there is no escaping it- Shreya Sircar, Partner at Luthra and Luthra Law Offices

    Struggle is a constant phenomenon and there is no escaping it- Shreya Sircar, Partner at Luthra and Luthra Law Offices

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

    To give this conversation a start, can you tell us about your background and how you became a multi-disciplinary dispute resolution practitioner and an experienced litigator?

    After my bachelor’s degree from Lady Shri Ram College, I pursued Law from Faculty of Law University of Delhi and master’s from New York University School of Law. I started my career with the Chamber of Ms. Geeta Luthra, Senior Advocate, and had the good fortune of working with the office of Mr. Lalit Bhasin, Amarchand Mangaldas Suresh A. Shroff & Co., SAM Co., and Bharucha & Partners. Presently, I am a dispute resolution practitioner and Partner at Luthra & Luthra Law Offices.

    About a decade & more ago, dispute resolution practice was more of a generalist stream where clients approached civil lawyers for any commercial dispute that needed resolution. As a corollary, being multi-disciplinary was the norm and less of a calculated choice. Specialized practice areas/verticals and boutique firms are a relatively recent phenomenon.

    As for your question of being an ‘experienced litigator’, a lawyer practicing dispute resolution, ought to be a litigator who can ably put forth the client’s case before Court and safeguard client’s best interests.

    What are some of the industries you have worked with, and how have you helped them navigate through regulatory and compliance matters?

    My industry experience includes infrastructure, construction, manufacturing, oil & natural gas, the rolling stock industry, engineering equipment, and hydropower projects, amongst others. I, along with my team assist clients to steer a mandate from start to finish. This involves advising and representing clients on all ancillary aspects including advisory, regulatory approvals, and on-going compliance matters. We adopt an integrated approach, working with multiple practice experts to identify the optimal strategy and structure for a client.

    You specialize in shareholder disputes and contractual claims. Could you please tell us more about the challenges of working on these types of cases, and how you overcome them?

    One of the challenges in handling shareholders or contractual disputes is to mitigate the risk of negative impact on performance, operation, and the business of the company. Occasionally, these disputes can also cause reputational loss, consequently, impacting its profitability and growth.

    I routinely advise clients to ensure that agreements are well drafted to narrow the scope for future disputes. Expressly written, unambiguous contractual clauses are essential to ensure that shareholder and contractual disputes are timely managed and effectively resolved, with minimal adverse effect on the business. The aim is to device strategies to prevent potential disputes while balancing shareholder interests.

    Another aspect to consider especially in shareholder disputes is to set out the mechanism for treatment of individual shares in case of a deadlock. This enables shareholders to offer to buy shares of another shareholder at a determined rate or sell shares to the other shareholders, thereby ensuring that conflicting shareholders exit the company without causing undue harm either to the shareholders’ or the company’s interest. 

    You have represented clients in various courts and tribunals, including quasi-judicial authorities and commissions. Can you share with us a particularly challenging case you worked on, and how you managed to achieve a favorable outcome?

    One of my most challenging cases has been the one that was easiest on facts and merits. While there were excellent supporting documents and what seemed like a straightforward case in our favour, took years and several rounds of litigation to conclude. This was primarily because we were opposing a party in person. Such cases become challenging as they are largely driven by emotions and less by logic, facts, and law. Be that as it may, ultimately court orders and outcomes of cases are premised on evidence and correct application of the extant law and that held us in good stead.

    What are some of the emerging trends in dispute resolution and arbitration that you think will shape the industry in the coming years?

    Use of technology and increased digitisation have permeated most aspects of life and dispute resolution is no exception to it. There are some developing trends even in dispute resolution, with one such trend being, electronic discovery of documents and records. With many businesses being conducted digitally, the process of collecting and reviewing digital data in litigation and arbitration has increased manifold. Our courts are also increasingly relying on technology such as video conferencing, e-filing systems, live streaming of cases etc., to improve efficiency and ensure greater accessibility to the legal system.

    More particularly, in consumer transactions and services, we have witnessed an increase in class actions. Groups of people with similar claims are increasingly joining hands to consolidate their bargaining power to initiate legal action against bigwigs.

    I have also noticed a shift in the volume of work that was previously outsourced to law firms, as opposed to how much is now being accomplished in-house. While there may have been a reduction in the quantum of work being outsourced, dispute resolution practitioners are now also being approached for their expertise in evolving strategies for pre-litigation risk mitigation & related advisory.

    Can you tell us about an experience that had an impact on your career as a lawyer?

    Every case has taught me something new, but this question particularly reminds of an incident in my initial days as a litigator. I was assisting my senior on a matter and during the hearing, I found myself miserably underprepared. After the hearing, I received a well-deserved dressing down from my senior. That episode was my first and last, at being unprepared for a matter. I have since then, been extra cautious at being prepared for a day in Court. I learnt that as a litigator, preparation is the key. While one may develop court craft and gain confidence over the years, one needs to know one’s files thoroughly, from day one.

    Could you please tell us about your future plans, and how do you see your practice evolving in the future?

    The plan is to keep working now, and in the future; try to tap into opportunities of good civil commercial work and strive to get better at it. That is career progression as I see it.

    Lastly, what would you like to say to all the legal professionals out there who are struggling in their initial years?

    Struggle is a constant phenomenon and there is no escaping it. Only the nature and magnitude of struggle change with each career milestone. That said, my two pence worth of advice to young professionals is to keep working hard with utmost integrity, and in these times of instant gratification, give oneself time to progress, because progress takes time. There is no instant switch to success, which term itself, is relative.

    Get in touch with Shreya Sircar-

  • Increasing awareness about IP rights is crucial because it helps individuals and businesses understand the value of their Intellectual Property and how to protect it- Omesh Puri, Partner, LEXORBIS

    Increasing awareness about IP rights is crucial because it helps individuals and businesses understand the value of their Intellectual Property and how to protect it- Omesh Puri, Partner, LEXORBIS

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

    Sir, to start this interview, please tell our audience about how did you come into the legal profession?

    In my final year of graduation in Commerce, I developed a keen interest in the legal field. My fascination with law began as I studied Company law, Tax and Banking Regulations during my graduation. During my time at Law School, I found myself particularly drawn to criminal law, tax and intellectual property law.

    After completing my studies, I began my career as a Criminal lawyer, focussing mainly on bail matters and appearing primarily before Patiala House Court and Delhi High Court. However, after two years in Criminal law, I was presented with an opportunity to work in the field of Intellectual Property Law, which also included Information Technology, Advertising, IP transactions, and Cross-border IP issues. This new direction allowed me to broaden my knowledge and skills in the legal profession, and I found it to be a fulfilling and challenging experience primarily due to my likeness for Intellectual Property.

    Can you tell us about your experience in representing clients before different IP offices and courts in India? What are some of the most challenging changes you’ve witnessed?

    Throughout my career, I have advised and represented clients on a wide range of intellectual property (IP) protection and enforcement issues. Over the past 14 years, I have observed significant changes in the way IP offices and courts operate. Today, clients are more actively involved, and businesses are increasingly aware of the importance of intangible assets. As a result, lawyers are expected to possess a deep understanding of how a particular business operates and what kind of support they require from outside Counsel. It is essential to stay up-to-date with the latest Case laws, especially in the field of Intellectual Property (IP), where disputes are rapidly evolving, and the interpretation of Law is becoming complex.

    To resolve disputes, new avenues are being explored, and the increased use of technology has been particularly helpful in improving the IP Ecosystem. As a result, IP owners now have greater trust in India’s IP protection and enforcement mechanisms.

    Lawyers are generally less receptive to technology, and I too struggled in accepting new technology during the early years of my practice. However, given the rapidly changing technological landscape, it has become increasingly important for lawyers to be well-versed in the latest technologies to provide the best possible services to clients. As a result, lawyers are now expected to be more technologically sound than before. At LexOrbis, we promote the use of technology among our lawyers/patent agents and paralegals to streamline their workload.

    You’ve worked with clients across a variety of industries, including pharmaceuticals, food and beverages, fashion, and automobiles. Are there any industry-specific challenges you face when it comes to protecting and enforcing IP rights?

    Each industry presents unique challenges when it comes to protecting and enforcing Intellectual Property (IP) rights. In the past, we had more clients from traditional businesses, but in recent years, we have seen an increase in clients from the more sophisticated technical and innovative sectors. Every day, new businesses emerge that require guidance from IP lawyers, and this is one of the most exciting aspects of the job – learning about innovative and unique products and services.

    Collaborating with various industries can expand your knowledge and perspective. For example my experience working with clients in the pharmaceutical industry has highlighted the importance of innovation and public health issues in regulated industries. Similarly, my work with clients in the food and beverage industry has taught me about the significance of branding and consumer trends. Through my involvement in the fashion industry, I have come to recognize the industry’s rapid pace and the constant demand for innovation. Similarly, my time working in the automobile industry has emphasized the significance of sustainability and technology.

    Overall, my work with clients across diverse industries has equipped me with a well-rounded perspective and adaptable problem-solving skills that can be applied to a wide range of business challenges. I believe that as lawyers, our first approach should be to understand our clients’ businesses and the disputes at hand, and then draw upon our experience to resolve them. It is essential to have a deep understanding of each industry’s specific needs to provide effective legal solutions that are in sync with the business requirements.

    In addition to your legal work, you’re also involved in IP rights awareness campaigns with government organizations. Why is it important to increase awareness about IP rights, and what are some of the most common misconceptions you’ve encountered?

    Increasing awareness about IP rights is crucial because it helps individuals and businesses understand the value of their Intellectual Property and how to protect it and in case of violation, what all actions can be taken. Many people have misconceptions about IP law, such as believing that everything can be freely used and shared on the internet or that copying someone else’s work is acceptable as long as it’s not for commercial purposes. These misconceptions are so rampant and therefore it’s crucial to educate the public about IP law.

    You’ve authored several articles on IP law and regularly speak on IP issues at various forums. Can you tell us about a recent development or trend in IP law that you find particularly interesting or impactful?

    Intellectual Property matters are constantly evolving, as businesses continue to develop and encounter fresh issues that require attention. An intriguing trend that has emerged recently is the increased demand for Intellectual Property protection in emerging markets such as the Metaverse, NFT, and Artificial Intelligence markets. The companies are confronting challenges in safeguarding and enforcing their intellectual property rights in these new sectors, and I believe that legal professionals specializing in Intellectual Property must broaden their focus in order to effectively protect their clients’ interests.

    Coming towards the end of this conversation, please give tell our audience about the most valuable lesson of your life.

    The most significant lesson that I’ve learned is to remain curious and to never stop learning like a child in the school. As a legal professional, it’s crucial to stay abreast with the latest developments in Law and Business since they are ever changing. I believe that ongoing expansion of my knowledge and skill set enables me to provide superior legal guidance to my clients and keeps me excited and involved in my job. It’s critical to keep up with recent Court decisions and intellectual Property Office practices. Additionally, I prioritize my interests outside of work as well, such as playing Cricket and riding motorcycle over the weekends.

    Get in touch with Omesh Puri-

  • Be true to what you do, even if you know that what you are doing is temporary- Padma Sinha, Group Head-Technology Law at Fox Mandal

    Be true to what you do, even if you know that what you are doing is temporary- Padma Sinha, Group Head-Technology Law at Fox Mandal

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

    Ma’am, in order to start this conversation, please let us know what motivated you to be in the legal profession? 

    Law is a dynamic story for me. I do not come from a family of lawyers but have always revered the profession as a justice-serving device. Fundamental values such as moral conviction and public good (even if that is an unpopular choice) always triggered me. Legal egalitarianism leading to social equality and defending civil rights always triggered me.

    Let’s say Atticus Finch motivated me to be in the legal profession.

    Kindly share your experience of studying LLM at the Queen Mary-university?

    I did my LLB in India in a very different teaching environment. When I started my LL.M, at Queen Mary, it came as a surprise- I mean, a pleasant surprise. The teaching methodology was absolutely distinct in ways I didn’t know existed- always highly interactive. A whole hour in each class would be spent discussing the topic of the day, exchange ideas peer-to-peer; so more often than not, after classes we all will be hanging out somewhere discussing and debating on the day’s topics.

    QMUL also gave me plethora of opportunities to write & edit magazines, participate in legal clinics, visit the UN in Geneva, attend insightful seminars, participate in election & Brexit campaigns and a huge lot of other things which I will treasure forever.

    I value my degree certificate a lot; But what I value more is the one year that opened my mind incredibly.    

    IT law professionals are rare in sight, so what motivated you to take up this very specific field of law? 

    Advancement in technology is inevitable. The pace at which technology is developing is unparalleled. I feel there is a need to ensure that the pace of advancement matches the legal safeguards. This is a non-traditional area of law which I see is burgeoning as new technologies emerge. I wanted to be a part of this- By understanding the new techs and thereafter being part of history creating the legal armour to protect ourselves from not only current issues on digital space but also much complex technology issues, yet to come, that may have profound impact on almost every aspect of our lives.

    How do you analyse the freedom of speech over the internet and the restrictions placed upon the same?

    Freedom of speech and expression is a guaranteed constitutional right and the fundamental premise of democracy. As it has been said, a democratic society stands fundamentally upon unfettered debate, discussion, and open dialogue, as it acts as the sole “corrective of government action” – that’s the genesis of any discussion on it.

    The digital era suddenly opened floodgates of information easily accessible to a large section of the society. The outreach of voices now transcended physical boundaries. It however brought with it new risks and challenges to democracy. Many authoritarian populism across the world used internet to propagate disinformation and hate speech. Problem is that people now do not only have different opinion, they have different facts. Like various sets of information to choose form and as per their convenience deem such information as ‘fact’ on the basis of which they form opinion. Therefore, deciding whether a particular speech is worthy of protection, or not, is a slippery slope.

    The ‘harm principle’ and the ‘offense principle’ are often designated as the guardians of social harmony. Our Constitution also provides for reasonable restrictions. But the irony however is with the judgement of what may form ‘reasonable’ – that has a changing face and sometimes an infectious ‘over-sensitivity’ syndrome, leading to dissident voices punished and the freedom curbed.

    The current IT Rules amendment on fact-check can be an example. With the power as this amendment provides to the government, the checks & balances provided by the media & civil society would be affected adversely. The answer therefore does not lie in government taking more control to censor unpalatable criticism. That’s dangerous for a democratic, civil society.

    Ma’am, please let us know what keeps you motivated to deliver the best in your field?

    Motivation comes in various ways. Amongst other things, I think working in a law firm gives you a diverse scope. Adding to it, technology law is a very dynamic area where there is always a new advancement that needs a legal explaining to the client. Honestly speaking there are always some areas where you need research, interpretation and brain-storming. This constant need to get answers and communicate so to the satisfaction of your clients- keeps me motivated. I feel very motivated each time I explain something to a client and they sound very convinced.

    What qualities do you think an IT law professional must possess?

    • Updated on trends in technology is a must
    • Understanding the client’s needs (including client’s products/ services)
    • Thereafter, legal risk assessment and managing them
    • Not just for IT law professionals, but generally drafting and communication skills are important.

    We would like to know more about the current role in the TMT legal team of Fox Mandal.

    I work as Group Head in the Technology team. My Role includes providing a wide range of advisory to clients in the technology space on data privacy, data breach and security, drafting, advising and negotiating various technology contracts.

    In order to wrap this conversation up, kindly provide us with the piece of advice you would like to give to all the budding legal professionals.

    • Be true to what you do, even if you know that what you are doing is temporary. Do not be impatient. I feel law is an area of learning for the rest of our lives. So be patient.  
    • Also, learning is a very important thing to do, as a legal professional, not just technology lawyer. It’s important to constantly un-learn and re-learn. Every person you interact with, in the profession, senior-junior-peer is our learning tool.

    Get in touch with Padma Sinha-

  • For all such major steps undertaken by Indian Government to promote business in India, we need a strong legal framework in India for its successful implementation and contribution towards India’s economic growth- Tejveer Singh, Independent Legal Counsel

    For all such major steps undertaken by Indian Government to promote business in India, we need a strong legal framework in India for its successful implementation and contribution towards India’s economic growth- Tejveer Singh, Independent Legal Counsel

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

    Sir, in order to start this conversation, could you please tell us about your decision to pursue law and CA?

    I was always inclined toward general reading and contemplating on social and economic issues. I had an immense interest in reading books relating to law, commerce and business. I still recall debating with friends and families about the effective implementation of government policies and decisions and their impact on the businesses or lives of common people.

    During those days, it was not common to secure both degrees together. So initially,  I was slightly uncertain as to which course to pursue and then luckily I came to know about probably one of the most successful and knowledgeable lawyers, Mr. Harish Salve, who is a chartered accountant, but a practising lawyer. Inspired by his intellect and quick-witted representations, I decided to accomplish both academic qualifications. That’s how my professional journey as a practicing lawyer started.

    Can you tell us about your experience handling commercial disputes before the High Court and NCLT?  

    Handling commercial disputes before various forums is a tremendously enriching experience. When a commercial dispute is brought before us by a client, it gives us perspective on how a brilliant and successful businessman can get affected due to bureaucratic rigmarole or lack of awareness of implications of certain applicable laws. In such a critical situation, if we are able to take out knots and smoothen the already tricky road of doing business, are swift in decision making and providing various alternatives to clients suitable to him then it leads to immense satisfaction and value creation for businessman. Since the legal profession is a service, if you think of rendering services as rendering of services with ethics and integrity , then you will be able to devote yourself fully with strong conviction which can bring great satisfaction to your life and professional success.   

    How have you contributed to the evolution of transfer pricing laws in India, and what role have you played in the BEPS initiative?

    The world trade interse between the companies is growing a lot . Hence, various business transactions between the same entities of an umbrella company provide the opportunity to corporations to  manage transactions in such a manner that profits are shifted to lower tax countries. Transfer pricing provisions are introduced in the Income Tax Act’1961 in the year   2001 to deal with possibility of such abuse. I have more than 50 reported judgments in transfer pricing arena in my name over the years. So I have seen evolution of these provisions in India. Initially, when these were introduced in India, they were intentionally drafted in such  a manner that it would be easier to adapt in accordance with the prevailing business environment to achieve the objective behind such provisions. The government has been successful in doing so to a certain extent whereas, in its implementation process, the Government made certain mistakes but by and large, the concept or framework that each country shall get its fair share of taxes is gaining momentum and putting a curb on shifting profits to lower or nil tax countries. It is now accepted by all countries and across all the international trade bodies by way of OECD framework ensuring a more transparent tax environment.

    What has been your most challenging case to date, and how did you handle it?

    Well, in many cases we are required to sign nondisclosure agreements. Hence, I would not be able to answer this question in terms of client and case details. But what I can say is in the current legal environment won the biggest challenge that business houses are facing is dealing with regulators. The client is not looking forward to obtain any order from the court having Precedent value, but is more interested in resolving the issue so that he can execute his future business plan of action efficiently. Hence, as a lawyer, you can look at the issue from the perspective of solving a problem rather than trying to get into the nitty-gritty of law and taking the issue to the court. In that scenario, you would be a far more accomplished and dependable lawyer. In one of my most challenging cases, the solution we came out with was so simple which led to out of the court settlement by merely filing a letter with the regulator.

    Can you share your experience in facilitating foreign direct investments in various sectors?

    FDI transactions have different challenges for different sectors. For the manufacturing sector, the issues such as a laundry list of statutory compliances – both general as well as sector specific, deter an investor from taking a position in India. The ease of doing business initiative taken by GOI will go a long way in addressing such challenges. For the infrastructure sector, the main sticking point is an efficient dispute resolution mechanism so as to avoid projects getting stuck due to disputes. In the IT sector, a rejig in the corporate structures (including externalisation) so as to have tax optimisation is the biggest challenge. Rationalisation of capital gains tax – bringing it at par with the jurisdictions with whom India has tax treaties is the key to facilitate investment in IT sector especially investments chasing inorganic growth.

    As someone with expertise in information technology and entertainment, how do you see the legal landscape evolving in these industries?

    The rapid rise of technology and the internet has fundamentally changed the landscape of the entertainment sector. The legal sector faces a huge backlash when it comes to this since people are rapidly adapting to the new technologies being developed but it is not the case with law. Let alone there being law in place governing these developments such as Artificial Intelligence, blockchain technologies, presence of Metaverse, the legislature faces major criticism from its own citizens since they have not only repealed the existing data privacy laws, but also not put the new data protection bill into effect. The developments in information technology come with their own complex legal issues as well such as data breaches, breaches of privacy, cyber harassment etc. Artificial Intelligence which is being used at majority workplaces including law firms is not regulated by law. Thousands of cases have been filed at various levels of judicial courts involving matters relating to blockchain technologies, metaverse and artificial intelligence but matters keep getting adjourned or are not admitted in the initial stage citing lack of jurisdiction since there is no law basis which the judiciary can come to a decision.  The government created a havoc amongst the public by implementing a 30% tax on NFT’s without having a law in place which authorises the imposing of such tax.

    With regards to the entertainment sector, the legislature is prompt in taking action and giving immediate effect to certain guidelines and regulations that mandate and prohibit the advertisements and use of certain language, content etc. or to govern the digital creators, influencer and social media aspect of entertainment. However, there is still ambiguity with respect to entertainment in digital space as it subject to varied interpretation.

    The entertainment industry in India has witnessed growth in many folds and now the entire world has started recognizing Indian entertainment industry as well. The legal landscape has been progressing due to the expansion of digital platforms and various streaming platforms and models, which have evolved the traditional business models into extremely competitive business.

    The amendments in 2021 to the Cinematograph Act, which give the government power to regulate digital content and streaming services have raised issues in the entertainment industry. Also, copyright laws in India have also been developed to combat piracy and protect intellectual property rights.

    How do you balance your roles as a legal professional and a chartered accountant, and how does this dual qualification benefit your clients?

    I have been handling tax and commercial litigation since starting my legal professional journey where my CA qualification has helped in better understanding Taxes and business environment in which transactions are undertaken  . Additionally, the pragmatic and worldview of financial analysis across various sectors and in-depth knowledge has been possible due to my CA qualification which benefits me to a great extent in corporate and tax litigation. However, sometimes I need to specifically focus on the legal aspects involved in the case rather than going into a detailed analysis of financials from a CA prospective.

    Can you share your thoughts on the current state of the Indian economy and its impact on corporate and commercial law?

    India remains one of the fastest growing economies in the world in recent times. Reserve Bank of India (RBI) recent report reassured that the current will be a year for the Indian economy to strengthen its position on the global stage. The same is validated by the world bank’s report that global slowdown has much lower impact on India as compare to other emerging economies. 

    India challenged global trends in 2022 and successfully witness record M&A activity. Despite economic hurdles and disturbances due to geopolitical factors, Covid impact and a global consumption slowdown, the World Bank revised its 2022-23 GDP forecast for India to 6.9 percent from 6.5 percent (in October 2022).

    Further, the Indian government has been taking numerous steps to bring in foreign direct investments (FDIs) and brought commendable amendments to “Ease of Doing Business” in India to attract further foreign funding into India.

    For all such major steps undertaken by Indian Government to promote business in India, we need a strong legal framework in India for its successful implementation and contribution towards India’s economic growth. This leads to a positive impact on the requirement of more expertise in corporate law and commercial law supporting the corporates in establishing and growing their business.

    Coming towards the end of the conversation, what advice would you give to young professionals who aspire to have a career in corporate and commercial law?

    A legal professional is expected to be well versed with various applicable laws and regulations.  Gaining that knowledge and experience has no alternatives but a self-driven focus and discipline toward the thorough self-study of various applicable laws. A legal professional becomes apart from other professionals by virtue of their problem solving attitude and accepting new challenges every day.

    I would like to advise young professionals to capitalize the advantage of their internship and their senior’s experience and then decide on the preferred areas of practice. There is a saying that we do our best work if we do a job that makes us happy. The legal profession is that profession which has such an extensive scope in the current scenario that gives tremendous options to make a career in corporate and commercial law and lead a very satisfying and successful life and also do good by service to others .

    Get in touch with Tejveer Singh-

  • Participation in competitions and conferences enhances the networking among likeminded professionals- Krusch Pathippallil Antony, Partner, Arbitration at King Stubb & Kasiva, Advocates & Attorneys

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

    What led you to pursue a career in law and alternative dispute resolution (ADR)?

    To be a part of justice delivery mechanism, and to uphold the constitution of India, I took law as a professional career. Peace-making efforts, and to build a global career, ADR is the best choice. Practising negotiation, mediation and arbitration, with the emergence of ODR is the path for professional advancement to me.

    Could you tell us about your educational background and how it has contributed to your career in law and ADR?

    I am a Law Graduate from Govt. Law College, Ernakulum, under the M.G. University, Kottayam, Kerala. Masters in Business Laws from NLSIU, Bangalore; and MA in Economics from GIPE, Pune. The mix of Economics and Commerce, as the base education, with further certifications in Arbitration / Mediation and Negotiations helped me to concentrate on commercial disputes and resolutions.

    You have been practicing law and ADR for over two decades. How has your experience evolved over the years?

    Over the years I gained more exposure in negotiations, conciliations, mediations and Arbitrations. The more exposures in Banking and Finance as a Corporate In-house counsel helped me to become a professional in Corporate Laws, Debt Counselling cum Mediations and Arbitrations.

    Could you explain your role as an Associate Arbitrator at the Chartered Institute of Arbitration (ACIArb), U.K? How has this position influenced your work in ADR?

    The association with CIArb helped to get sufficient exposure in International Arbitration, and more particularly as to writing of Arbitration Award. This helped me get enough confidence in handling Arbitrations, as a sole arbitrator, and ultimately to get branded as a dispute resolution practitioner.

    You are an accredited arbitrator and mediator at the Indian Institute of Arbitration and Mediation (IIAM). How has this accreditation impacted your career in ADR?

    The accreditation further helped me to get branded as a DISPUTE RESOLUTION EXPERT in the Indian ADR Market; and got associations with National Law Schools and Law Colleges, in various capacities like Guest Faculty, Judges for International Mediation , Negotiation and Arbitration competitions, conferences and symposiums e.t.c.,

    You have also been involved in several international law school competitions as a panel judge for arbitration and mediation. What motivated you to participate in these competitions, and what have been your experiences?

    Participation in competitions and conferences enhances the networking among likeminded professionals. Moreover, we understand the progress of the law and ADR through the young minds in law schools, and emerging practices in ODR & AI.

    As a partner at King Stubb & Kasiva, Advocates & Solicitors, you practice arbitration and litigation across three cities in India. What inspired you to establish this partnership, and how has it contributed to your work as a legal expert?

    Association with King Stubb & Kasiva, Advocates & Solicitors, opened the doors for practice of International and National Arbitration litigations of prominent corporates. Exposure through such association is unique and inspiring, and enhanced my legal expertise.

    You are a member of several ADR societies, including the Asian Institute of Alternative Dispute Resolutions (AIADR), Kuala Lumpur, and the Nani Palkhivala Arbitration Centre in Chennai. How have these societies contributed to your work in ADR?

    Association and membership with credible ADR institutions in India and abroad is crucial in developing ADR as a professional career, and I gained immense knowledge, information and networking through the same.

    You have completed several training courses in arbitration law and practice, including the Advanced Course on Arbitration & Mediation Procedure under WIPO Rules – WIPO Academy. How have these courses helped you grow as a legal expert in ADR?

    IPR and ADR is an emerging field with international scope in practice. WIPO Academy standards of ADR in the domain field of IPR is unique, and the ultimate course of global reputations; and further the course gives opportunity for international networking of IPR professionals and ADR Experts.

    Get in touch with-

  • All areas of law and equally thrilling as they are collectively required to maintain order in the society- Namit Saxena, Advocate on Record at Supreme Court of India

    All areas of law and equally thrilling as they are collectively required to maintain order in the society- Namit Saxena, Advocate on Record at Supreme Court of India

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

    Sir, please tell us about the person you thought you would become when you reach your current age.

     There is no person as such whom I thought I would become at my age. Professionally speaking, there are senior advocates from whom all young lawyers derive inspiration at different times. I also derived inspiration from senior colleagues at bar.

    Please enlighten our audience about effectively preparing for AOR examination. 

     The AOR examination comprises of 4 subjective question papers of 100 marks each. To clear the exam, the aspirant needs to secure atleast 20 marks (60%) in aggregate and atleast 50 marks in individual papers. The papers are – Practice & procedure of the Supreme Court, Drafting, Leading Cases and Professional Ethics. There is a well defined syllabus including a readily available list of leading cases for that paper. The exam is going to be conducted in June 2023 now. I had prepared a short course with Eastern Book Company (EBC) on this which is available here – https://www.ebcwebstore.com/product_info.php?products_id=99097675&trk_bn=1

    We would like to know more about your experience as Law Clerk cum research assistant to Hon’ble Mr. Justice Kurian Joseph.

     It was an enriching experience with Justice Kurian Joseph. I was selected as a Law Clerk cum research assistant in 2013 and was attached with him for an year. He was my first professional mentor. There was so much to learn from him not only on law but spirituality as well. We worked on important matters particularly the coal block allocation scam case. I wrote an article on his superannuation which can be read here – https://www.livelaw.in/passionate-and-compassionate-justice-kurian-joseph/.

    Having a good experience in the area of research, please give our audience few tips in order to conduct effective research. 

    Always look for the primary source. For example, if you are researching on a particular point of law and in your commentary or journal you find a reference of a particular judgment, locate that judgment and read it. Then follow up with judgments which have followed it or distinguished it and update yourself with the latest law on the subject.

    Please enlighten us about the area of practice you like the most.

    All areas of law and equally thrilling as they are collectively required to maintain order in the society. I practice more on the criminal side.

    Lastly, could you please give a piece of advice to the legal professionals who are in the initial years of their legal journey?

     I can only advise on colleagues who are starting their respective journeys in the field of litigation. Focus on observing senior members of the bar and try to learn how do they present a case. Learn filing work from the clerk in the chamber you are associated with. Keep a diary with you and keep making short notes and keep visiting them once in a while. Keep yourself engaged with a sport. Initial few years are taxing, treat your mentor’s matters as your own and always compete with yourself. Don’t compare yourself with anyone.

    Get in touch with Namit Saxena-

  • It is very crucial for a lawyer to have a reasonable understanding of workings of court(s) of first instance, especially procedural law(s)- Satyam Thareja, Founding Partner, TNC, Advocate-on-Record at Supreme Court of India

    It is very crucial for a lawyer to have a reasonable understanding of workings of court(s) of first instance, especially procedural law(s)- Satyam Thareja, Founding Partner, TNC, Advocate-on-Record at Supreme Court of India

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

    To start this conversation, please tell us about your decision to pursue law.

    I finished schooling in 2007, not so long after my father’s retirement from judicial service and right after enrolment of my brother with Bar Council of Delhi. I got to see both of them in invigorating discussions over nitty-gritties of law. This influenced me considerably in making my mind to pursue law. Also, I realised that graduation in law can be foundation for various vocations.

    Can you tell us about your experience as a Law-Clerk-cum-Research Assistant in Supreme Court of India? How did this experience shape your career in law?

    In 2012, few month before my graduation from National Law University, Jodhpur, I got the opportunity to intern with Retd. Justice Dalveer Bhandari, Former Judge of Supreme Court of India. This experience encouraged me to seek engagement as a Law Clerk-cum-Research Assistant. At that time, Supreme Court of India conducted interviews for selection to pool of graduates for post of Law Clerk-cum-Research Assistant. After I was selected, I got assigned to the office of Retd. Justice RM Lodha, Former Chief Justice of India. He was a very hard task-master and very disciplined. However, he was very kind to allow me to pursue LL.M. while working in his office. My experience as a Law Clerk-cum-Research Assistant enabled me to have a better understanding of jurisdictions of different court(s) and tribunal(s) as paper-book filed in Supreme Court of India are comprehensive vis-à-vis question of law / issue. After my term as Law Clerk-cum-Research Assistant got over, I got the opportunity to work as an associate in office of Mr. Sidharth Luthra, Senior Advocate & Former Addl. Solicitor General of India.

    What inspired you to start independent practice and focus on trial court work?

    I got to learn a great deal about working of superior courts in office of Mr. Sidharth Luthra, Senior Advocate. During my time at his office, I realised that when one is young in the profession, judges, senior members of bar & court staff accommodate & condone mistakes to enable a learning curve. However, similar treatment is not easily offered to someone who has some experience at the bar.

    Over the period of more than 7 years, since I have been independently practicing, I have made my own set of mistakes and I have learned from them. A large part of my learning curve, in trial court, is influenced by my stint as panel lawyer for Magisterial Courts with Delhi State Legal Services Authority and by rendering assistance to my father with his work.

    In my opinion, it is very crucial for a lawyer to have a reasonable understanding of workings of court(s) of first instance, especially procedural law(s). It also helps in having a better understanding of the legal issues while working in appellate courts.

    Would you share a cross-examination technique or approach?

    I do not think that art of cross-examination can be taught. It is developed organically by every lawyer through his / her own experiences.

    I have garnered some experience to identify certain crucial concepts. For example, I have seen many witnesses falling prey to confirmation bias. As a lawyer, while doing cross-examination, it is imperative to identify the potential confirmation bias in the testimony of witness and exploit it to raise doubts on credibility of testimony of the witness

    In 2020, you got enrolled in the Supreme Court of India as an Advocate-on-Record. Why did you choose to enrol since you focused on trial court work?

    While working in trial court, I got many indigent clients whose case had merit for them to be argued before superior courts. I could continue providing legal services in the High Court of Delhi but not in Supreme Court of India since I could not do filing there. I got enrolled as an Advocate-on-Record to become eligible to file and pursue such matters before the Supreme Court of India which, in my opinion, need consideration qua individual right of such litigant or have a larger impact.

    Can you tell us about a particularly challenging case you worked on and how you overcame the challenge?

    One of the challenging cases I got to work upon was a medico negligence case. I represented the interest of complainant who, who was otherwise suffering from a terminal / chronic illness, having been advised for a particular surgery, had undergone surgery which did not have a favourable outcome. The complainant chose to contest the matter before State Consumer Commission asserting medical negligence against the surgeon / doctor and the hospital. During the pendency of the matter, upon order of State Consumer Commission, an opinion of medical board from a reputed hospital was taken which recorded that there was no medical negligence. However, eventually, the State Consumer Commission declined jurisdiction as compensation sought was beyond its pecuniary jurisdiction.

    Thereafter, complainant approached me to pursue the matter before National Consumer Disputes Redressal Commission. Upon seeing the file, I advised the complainant to pursue the complaint before the National Consumer Disputes Redressal Commission on the grounds of lack of informed consent and deficiency in service as complainants’ consent form was a standardised pre-printed form. The National Consumer Disputes Redressal Commission, in its judgment, though dismissed the complaint but acknowledged that the usage of pre-printed forms for consent, by the hospital, was administrative arbitrariness and one-sided high handedness and imposed heavy cost on the hospital.

    You have also worked on notable cases such as Rajesh Tyagi v. Jaibir Singh, FAO No. 842 / 2003 before Hon’ble High Court of Delhi. Can you tell us about it?

    The Hon’ble High Court of Delhi in matter titled Rajesh Tyagi v. Jaibir Singh, FAO No. 842 / 2003, dealt with procedural issues faced by Motor Accident Claims Tribunal(s) having jurisdiction in Delhi. The Hon’ble High Court of Delhi directed for Modified Claims Tribunal Agreed Procedure to be followed by all Motor Accident Claims Tribunal(s) which are subordinate to Hon’ble High Court of Delhi and for filing of Detailed Accident Report by investigation agency before concerned Motor Accident Claims Tribunal. These directions have alleviated a large number of concerns faced by Motor Accident Claims Tribunal(s) such as irregular averments in claim petitions, delay in production of documents like proof of income, investigation documents, insurance documents etc., time consumed qua first appearance of parties etc. This has, consequently, resulted in reduction of time span between the date of incident / accident and passing of award.

    I got involved in this matter as an associate to Mr. Sidharth Luthra, Senior Advocate who was appointed as an Amicus Curiae. However, after lapse of some time, I got the opportunity to assist the Hon’ble High Court of Delhi in my own capacity.

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