Super Lawyer

Author: SuperLawyerTeam

  • ‘History will judge us not by the number of cases we won, but by the no. of young lawyers we trained and empowered and how they contributed to the jurisprudence’- Jai Lodha, Advocate and Legal Consultant at Rajasthan High Court, Jaipur Bench , Jaipur

    ‘History will judge us not by the number of cases we won, but by the no. of young lawyers we trained and empowered and how they contributed to the jurisprudence’- Jai Lodha, Advocate and Legal Consultant at Rajasthan High Court, Jaipur Bench , Jaipur

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

    How would you like to introduce yourself to the readers? Please tell us something about your childhood and background?  

    Hello ! I was born in Jodhpur(Rajasthan) and raised in Jaipur (Rajasthan). I did my schooling from Maharaja Sawai Man Singh Vidyalaya (M.S.M.S.V), Jaipur. I studied law from Government Law College , Mumbai ! I did my Masters In Business Laws from NLSIU (Banglore) . I also hold a certification in Public International Law from The Hague Academy Of International Law ,Hague (Netherlands) and a diploma in Cyber Laws from The Asian School Of Cyber Laws , Pune. I am the managing partner of a law firm called “VSL Law Chambers“. The Firm bears the initials of my Father , Mr. Virendra Singh Lodha , who is a designated senior advocate and practicing primarily before Hon’ble Rajasthan High court with frequent appearances before other Constitutional Courts such as Delhi , Allahabad etc and before Hon’ble Supreme Court Of India. I have an elder brother. His name is Yash Lodha. Yash Bhaiya is a faculty member in the department of Mathematics at University of Hawaiʻin Honolulu , Hawaii. Our parents have always been extremely supportive. They have never imposed any conditions upon us. Both ‘Law’ and ‘Litigation’ happened in my case by design, by choice.

    You have pursued a course in public international law from The Hague Academy Of International Law, Hague, (Netherlands) and also done Masters In Business laws from NLSIU, Bangalore. Please talk about these courses !

    I hold a public international law certification from the Hague Academy Of International Law, Hague. It was an experience of a lifetime. Some of the most reputed and distinguished professors in the world taught us various courses at the academy. Imagine studying and researching in the same building complex that houses the International Court Of Justice. Infact, on two occasions we were allowed/given access to visit the Internal Court Of Justice. It definitely qualifies to be the most memorable experience of my legal journey. I did my masters in Business Laws From NLSIU, Bangalore. It is regarded as one of the toughest Post Graduate Degrees (Law). Basically it is NLSIU’s flagship Masters Programme. It is a two year course and the applicant is required to clear 10 subjects in all. In short it was like an Everest Expedition.

    You have interned at different law firms and chambers, can you share with us some of the most important lessons you have learned from those experiences?

    Internship lessons learnt : 1) At AZB & Partners : The importance of merit + hard work ! You have to be both meritorious and hardworking else you will not survive because competition is cutthroat ! 2) Trilegal : Camaraderie and teamwork ! 3) Dsk Legal : Compassion towards colleagues ! 4) Fox Mandal : You can only grow if you work in a team and work for larger interest of the organization. 5) Trust Legal : The importance of having a mentor and guidance. 6) Hon’ble Justice P.B Majmudar (Former Judge , Bombay High Court), Sr. Advocate Mr. Parag P Tripathi (Former Additional Solicitor General Of India, Supreme Court Of India), Sr. Advocate Mr. M.S Singhvi (Current Advocate General of The State Of Rajasthan), Sr. Advocate Mr. Ashok Mehta (Former Chairman Of Bar Council Of Rajasthan) and Sr. Advocate Mr. Virendra Singh Lodha : Devotion towards practice and passion for the law and their ability to maintain brilliant work life balance !

    What kind of matters have you dealt with and what is your area of specialization ?

    Initially, I worked at Agarwal Law Associates in Delhi where I had dealt with Telecom matters , Electricity Law Matters and miscellaneous matters before Hon’ble Supreme Court Of India , Hon’ble Delhi High Court and other Tribunals. In Rajasthan, I was initially associated with the chambers of Mr. Ashok Mehta , Sr. Advocate and former Chairman Of Bar Council Of Rajasthan, for a period of 2 years where I worked and practiced extensively on the original side before Trial Courts, Consumer Courts and Tribunals ! I subsequently joined the esteemed chambers of my father , Mr. Virendra Singh Lodha (Sr. Advocate) where I worked for 6 years. It was in my fathers chamber that I an opportunity to work and specialize in writs , appeals and complaints in matters and cases pertaining to Mining Laws, Intellectual Property Law ,Taxation Law, Service Law , Insolvency and Bankruptcy Code, Arbitration Law ,Constitutional Law, Criminal Law , Cheque Dishonour (NI Act) , Labour Laws, Electricity Laws, Educational Matters , Motor Accident claims, , Medical Negligence etc Jaipur Bench as well as at Principal Seat (Jodhpur) as well as at National Company Law Tribunal , Service Tribunals , Consumer Courts, Commercial Courts and various other forums. I am currently serving as a Standing Counsel for The Commercial Taxes Department, Government Of Rajasthan , Jaipur and also a panel lawyer for 14 Government companies and organizations. I also represent and contest matters on behalf of a large number of private companies and Business Houses.

    Can you tell us more about your YouTube channel, The Virtual Amicus, and how you came up with the idea for it?How has The Virtual Amicus helped law students and lawyers during the pandemic? 

    In June 2021 , I started a YOUTUBE Channel : The Virtual Amicus. The idea and objective was not only to create legal awareness but also to solve legal issues(both basic and complex) that baffle us. The goal was primarily to help out as many law students and lawyers as possible who were hit and adversely affected by covid-19. On this Virtual Platform, I invite and interview seasoned and distinguished lawyers, respected and noted professors and retired hon’ble judges. I have recorded around 126 sessions/episodes so far since June , 2021. This virtual initiative of mine was my way of giving back to the institution , profession. The idea to anchor my own youtube channel was always in the pipeline but it was covid that gave me ample time to launch/execute it ! I saw some 200 odd webinars in 2020 before I launched this virtual initiative in June 2021.

    How do I approach speakers : Well this one question that I am often bombarded with !
    Here is the answer. On the basis of demand for a particular session on any particular legal
    issue , or legal topic , or a masters programme from any particular university or any other law course , I look for subject experts, field specialists on Linkedin and other platforms and then once I have shortlisted the names , an official invitation is sent via email.
    Since its a one person venture , so I do everything myself , from
    a) invitation !
    b) persuasion(persuading speakers) for doing a session !
    c) Preparing a Social Media Banner !
    d) Preparing Q and A in case of a Q and A format !
    e) Recording !
    f) Editing !
    g) Uploading !
    For the world it’s a herculean task. But for me it’s an effortless exercise since I am extremely
    passionate about it ! My virtual initiative is all set to turn 2 years old on 25th May , 2023 ! 🙂
    Yes it has definitely helped scores and scores of young lawyers and law students. I keep
    receiving emails about these extraordinary breakthroughs achieved by them. At this juncture
    , let me clarify 3 things :
    1) We are not here to ensure placements or get lawyers/law students placed. We are here
    only to help them and provide them with best possible guidance.
    2) Every speaker on our platform is a distinguished and a successful practitioner of
    his/her field .
    3) Our philosophy on the channel is that : “ Philanthropy should never be monetized” !
    We have till date not monetized our channel !

    What advice would you give to young professionals in the legal field?
    Let me make 1 thing very clear.
    First I am an officer of the court , than a lawyer to my client and lastly a managing partner of my firm.
    My advice to law students :
    1) Experiment as much as you can in those 3 years or 5 years of law school but never at
    the cost of academics. Participate in moot courts but not at the cost of
    academics/studies. Participate in College committees and essay writing competitions but not not at the cost of academics/studies. Play sports but not at the cost of academics/studies.
    2) It’s legitimate to be confused after graduation. Don’t worry, If you keep the student in you alive, remain academically inclined and read and read and read , your confusion will vaporize some day.
    3) Short term internships only add cosmetic value to your CV. You don’t end up doing
    anything substantial or meaningful. I would recommend long term internships but not
    at the cost of academics/studies. Also the quality of internships is more important than
    the number/quantity of internships.
    4) Remain attentive in the classroom and focus on academics/studies . Since you are a
    law student , you should give first priority to class room lectures and academics/studies.
    5) Try doing internships in different geographical locations and cities and states. You only learn out of your comfort zone.
    6) Make as many friends as possible from different cultures , cities. Don’t confine
    yourself with friends from the same hometowns.
    7) Try finding a mentor in your professor. Nobody guides the way a professor does.
    8) Try Understanding your parents’ anxiety especially when you are pursuing law from
    a different state . Some students completely cut themselves off from their parents to
    enjoy the freedom their law school offers. This type of practice is not only unfortunate but also ridiculous. One or two calls a day will not damage or hurt your freedom.
    9) Last but not the least ! Fitness is very important. A fit body houses a healthy mind !
    You feel a lot more confident as a person when you are fit. Do play a sport or hit the
    gym on a regular basis every single day for at least 45 mins on campus.

    My advice to young lawyers :
    1) We are in a profession of persuasion. Our job is to be assertive , persuasive and
    humble and not be rude on the dais.
    2) Litigation is not a 100 meter sprint but a marathon. It takes years and years of hard
    work and dedication to build a rock solid reputation as a legal practitioner. One has to
    burn the midnight oil as nothing happens overnight.
    3) History will judge us not by the number of cases we won, but by the no. of young
    lawyers we trained and empowered and how they contributed to the jurisprudence.
    4) Never take shortcuts no matter how tempting or lucrative they are. Those who run
    after quick money through illegitimate means ultimately perish but those who remain
    disciplined , determined ,seeking and keep their integrity strong ultimately flourish.

    5) In Golden Words of Senior Advocate Mr. Janak Dwarkadas (Bomaby) , “ you will
    learn the art of advocacy only if you Observe! Observe! Observe AND
    ANTICIPATE, ANCTICIPATE AND ANTICIPATE . Observe the court proceedings
    vigilantly and anticipate what queries can possibly be posed by the judge.
    6) Brevity must be observed while making legal submissions in court of law.
    Unfortunately, moot courts in law schools do not teach that. The practice of simplifying a complex legal issue and then presenting it to the court would always be appreciated by the court.

    Get in touch with Jai Lodha-

  • No dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that- Tamal Mandal, Partner, Luthra and Luthra

    No dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that- Tamal Mandal, Partner, Luthra and Luthra

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

    To start this conversation, please tell us your motivation behind pursuing law.

    I am from that era when engineering or medicine were the preferred career choices. Hailing from Kharagpur, with the IIT KGP – a stone throw away – the expectation was that I would sit for the JEE. However, it was a chance discussion before the Class 12 board examination with a friend who wanted to pursue law as a career option that piqued my interest in the field.  

    From there, I started my internet research and mind you, at that time around 2004, there were only a handful of National Law Schools (five to be precise). I narrowed down on NUJS, Kolkata and NLSIU, Bangalore. As compared to now, there was not much information available online or offline regarding career options after graduating or even what to expect in the 5 years that I was going to devote in studying and hopefully enjoying my university life. Having decided to become a first-generation lawyer, I took the plunge and appeared for the NUJS entrance test in January 2004 and then the NLSIU test over the summer. To my surprise, I made it to NUJS and the result filtered in just prior to writing my final paper of the ISC (Class 12) board examination. There has been no turning back since then.

    You have extensive experience in international and domestic arbitration, WTO dispute settlement, and commercial litigation. Could you tell us about a case that you found particularly challenging and how you managed to resolve it?

    To my mind, the best part of being a disputes lawyer is the wide array of dispute related work that I have done over the years. Whether it is litigation or arbitration or WTO dispute settlement or investor-state dispute, I can safely say that the core premises more or less remain the same.

    That said, if I have to choose one challenging case that I have worked on in the last 14 years, it has to be an arbitration dispute where I had a tough ask to resist the enforcement of a foreign award rendered in Singapore in an international commercial arbitration from being enforced in India. The client having failed in getting the award set aside in Singapore (which was the seat of the arbitration and whose courts had jurisdiction in setting side proceedings) wanted to contest the enforcement petition filed before the Delhi High Court. I had to work with very limited grounds as Part II of the Arbitration & Conciliation Act, 1996 does not provide a wide latitude when it comes to opposing the enforcement of a foreign award. Nonetheless, basis research on the party who had filed for enforcement, some novel arguments on contravention of public policy were formulated and advanced as that party’s (i.e., the claimant in this case) name had been struck of the register of companies by the Registrar prior to the filing of the enforcement petition. In other words, the argument was that an enforcement petition could not have been filed by a non-existent entity and granting enforcement would be contrary to the public policy of India. This is turn led that party to file an application for restoration of the name of the company in which my client filed an application as an intervenor. Eventually, with all the lawyering and proceedings, both the parties opened talks with a view to negotiate a settlement.

    What are some common misconceptions people have about international commercial arbitration? How would you address these misconceptions?

    Arbitration as a mode of dispute settlement has been well received since the days of the Alabama arbitration in 1872. I don’t think there are many disagreements as to the value and efficacy of the process given the amount of party autonomy that is vested and from the fact that a wide variety of disputes (commercial, investment, trade, maritime, etc.) have been resolved using arbitration.  

    That said, no dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that. To my mind, the most common recent criticism or misconception (if I may equate the two) concerns the costs of running with an arbitration. From the arbitrators fees to counsel fees to institution fees, it is true that there has been an uptick in the cost that a party has to bear in choosing to arbitrate a dispute. However, I believe that the cost aspect is often offset by the efficiency of the process which can lead to an arbitral award in a much shorter time frame compared to national court proceedings. Second, “well managing” an arbitration is partly in the hands of the parties and their counsels, and this can bring down costs, for example, agreeing and respecting timelines, having a document only arbitration when the claims are simple and evidence is not required, etc.

    Another common misconception is that a party nominated arbitrator means you have someone on your side. The fact that arbitrators, whether it is the presiding arbitrator or the party nominees, have to be impartial and neutral is the bedrock of arbitration and to expect anything to the contrary is equivalent to discrediting the process itself.

    Lastly, the so-called “standard” arbitration clauses from the past are fast losing their relevance. With the blinding evolution of the laws and processes in international commercial arbitration, having a tailor-made arbitration clause in a contract/agreement that is being negotiated is a must to not only safeguard a party’s right but also add to the efficiency of the process when a dispute materialises later from the performance or non-performance of that contract/agreement.    

    You have worked with the WTO as a Dispute Settlement Lawyer in the Appellate Body Secretariat. Could you explain to us the role of the Appellate Body and how it works within the WTO dispute settlement system?

    The World Trade Organization (WTO), as many of the readers may know, is an intergovernmental organization based in Geneva, Switzerland that was established in 1995 and deals with rules of global trade. While one function of the WTO is to negotiate new rules on global trade, the other main function is to resolve disputes between Member States arising from the interpretation and application of the WTO treaties.

    In a first of its kind in the international arena, dispute settlement at the WTO was designed as a two-tiered system. To begin with, if a dispute is not resolved amicably in consultations, a panel of experts (simply called a panel) then decides the dispute that is brought by one WTO Member against another WTO Member alleging that the latter has violated or acted inconsistently with the treaty obligations it took upon itself. A panel issues a ruling which is called the Panel Report. The losing WTO Member has the right to appeal a Panel Report to a standing body of 7 experts who comprise the Appellate Body which at the time of its creation was termed as the jewel in the crown of the WTO. Each Appellate Body Member is appointed for an initial term of 4 years and can be extended for a second 4-year term.  

    The Appellate Body is therefore the final arbiter of disputes between WTO Member States and hands down decisions that are binding upon the litigants. The Appellate Body has the power to consider questions of law raised in an appeal and then to uphold or reverse or modify the panel’s ruling. Each appeal before the Appellate Body is handled by a division of 3 Appellate Body Members in accordance with the timelines prescribed in the WTO Dispute Settlement Understanding. The Appellate Body Members are ably assisted by the Appellate Body Secretariat comprised of lawyers and support staff.

    However, since late 2019, the Appellate Body is no longer functional owing to the United States blocking the appointment of Appellate Body Members. Talks are continuing in Geneva on how to resolve this crisis that requires consensus of all WTO Member States. In the meantime, for those who are wondering as to what is happening to any appeal that is filed, sadly panel reports that have been appealed since 2020 are lying still without any adjudication.  

    You are skilled in providing input into policy framing, strategic planning, and decision making. What are some of the challenges you have faced when advising clients on these matters?

    Much of it depends on who the client is. For instance, when the client is a sovereign government, the considerations and challenges are slightly different. In advising Ministers and policy officials who may want a particular policy to be in place, one has to carefully balance articulating the magnitude of legal risk in having such a policy and what could happen if the policy was to be successfully challenged. In such instances, while there may be commercial considerations, the other important consideration is to carefully consider the larger public interest as well reputational risks in having such a policy in place. Thus, there is an inherent balancing act that a lawyer has to perform between, on the one hand legal risks and, on the other, the policy rationale.

    When I have to do the same for a private client, commercial and reputational considerations become the key. And then I have to be upfront about the uncertainty of what may result from litigating/arbitrating a matter vis-à-vis costs of pursuing it, commercially as well as reputation wise. Let me give you an example, while arbitrating a dispute can result in an award relatively quickly, one has to also consider how best to enforce that award, where to enforce that award and how long will that process take. When such considerations are put forth before clients, they appreciate and take that on board and more often than not involve the layer in making a final decision.      

    You have a Master of Laws (LL.M) in International Dispute Settlement. What inspired you to pursue this field of study, and how has it influenced your career?

    From my early days in NUJS, I was pretty certain that I wanted to be a disputes lawyer. So, when I started out with the dispute resolution team at the erstwhile Amarchand & Mangaldas in 2009, I was exposed to a wide variety of proceedings before different forums – from the Supreme Court to district courts, from arbitration to mediation sessions, criminal proceedings, etc. And these varied experiences set off a spark in me to explore the field of international dispute settlement, like proceedings before the International Court of Justice (ICJ), state-to-state dispute settlement at the WTO, investment treaty arbitrations, etc.

    Thus, the MIDS or the LL.M. in International Dispute Settlement offered jointly by the University of Geneva and Graduate Institute of International and Development Studies became the natural choice given the stellar teaching cast and its location in the heart of the practice of international law and diplomacy.

    Be it public or private international law, MIDS provided me with an unparalleled experience in the field of international disputes. The MIDS was pivotal in my subsequent journey as an international disputes lawyer. It provided me with the platform to pursue an internship with the Appellate Body Secretariat which later materialised into a full-time position as a dispute settlement lawyer. My time at the Appellate Body Secretariat was thoroughly exciting given the types and kinds of disputes that came up for consideration at the WTO in addition to the lifelong friends I made while working there. The WTO stint in turn set me up for a position with the UK Government in London to work on UK’s international disputes engagements prior to my return to India where I am currently a Partner in Luthra and Luthra’s dispute resolution practice.

    Lastly, what advice would you give to young lawyers interested in pursuing a career in international trade law and dispute resolution?

    From my experience thus far, I can perhaps offer a couple of insights: first, do try and pursue higher studies from an institution and subject of your liking whether it is in the United States, the UK or mainland Europe or anywhere for that matter. I found my year of reading the LL.M. to be fulfilling not only in terms of what I learnt but also in terms of meeting new people, making new friends and getting to know different cultures especially when batchmates come from across the globe.

    The second piece of insight I have to offer to young lawyers is not to super specialise early on in your legal career. If somebody is interested in dispute resolution, try working on as many aspects of it that you can i.e., do court litigation, do an ad hoc arbitration, do an institutional arbitration, try your hand at tribunal litigation (for example before the CESTAT, NCLT) and better still work on a criminal law matter before the trial courts. Take my case, over the years, I have been lucky do all of the above and that’s why I always consider myself to be a generalist disputes lawyer which I believe has helped me tremendously in the varying roles that I have taken up the last 14 years.

    Get in touch with Tamal Mandal-

  • I believe that more minds need to understand and work on laws to govern emergency technology – Lynn Lazaro, Partner and Head of IP, Kochhar & Co., Bangalore

    I believe that more minds need to understand and work on laws to govern emergency technology – Lynn Lazaro, Partner and Head of IP, Kochhar & Co., Bangalore

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

    Ma’am, as a conversation starter, please tell us reason behind you choosing law as a career? 

    I don’t come from a family of lawyers, so choosing law as a profession wasn’t the typical choice at the time. Law as a career played to my strengths. I was generally a curious child and I enjoyed reading, with a strong sense of self and wanting to do what’s right. Being a lawyer seemed like something I would enjoy for the rest of my life, and I still do 17 years later.

    Could you please elaborate your role as a cross border IP transactional attorney? 

    I assist foreign businesses that want to protect their IP in India, from identifying their IP assets to developing a strategy on how to protect this IP. This could range from a simple trademark or patent filing to a complex contentious dispute. In the transactional space, I assist international companies doing business in India by helping them negotiate the purchase or license of their IP assets. IP law in India has certain nuances that differ from other jurisdictions, particularly with the transfer of IP assets from one entity to another. My experience with these types of transactions has allowed me to provide very specific advice to companies where innovation is part of their business structure.

    How was your experience as a teaching assistant at La Trobe University? And what were your learnings from the same? 

    While I did my masters at university in Melbourne, I got a part time job as a teaching assistant in the same university. The role was to teach third year business students the Australian Corporations Law module. I would take the class with around 100 students in groups of 10-15 a class and go over their class work. It was pretty apparent from the start that these business students had no interest in law and were compelled to take the class as part of their business studies. So, I would set them interactive assignments, like play acting the cases that I needed them to remember. It was the most fun job I’ve had in my life. My biggest learning was not to take life too seriously and that work can be lots of fun.

    What keeps you motivated at work? 

    Motivating oneself is simply perspective. You can look at it as long shifts and mental exhaustion or you can feel the satisfaction of helping a client or winning a case. I choose the latter and that motivates me to put my best foot forward every day. Another huge motivation for me is to explore areas of law that many are afraid to touch, like the Metaverse and AI related concerns. This isn’t brand new; I’ve been watching and learning about this space for a few years now. I believe that more minds need to understand and work on laws to govern emergency technology. I’m very excited for the future.

    How do you spend your time off? 

    Like any other working parent, most of my time off is spent with my kids and their activities. It’s a balance of doing chores and spending time with the family. I have two daughters who will grow up to join other powerful women in the workforce. I am reminded daily of my duty to ensure that I lead by example.

    Coming to last question, any advise you would like to give to the budding lawyer out there?

    I’ve noticed lately that new graduates want jobs in one specific field of law right out of law school. Real world experience is needed for overall growth as a lawyer so my advice to new graduates would be to explore working in different fields of law initially before choosing to specialize in one or the other. Corporate law, in particular, is interconnected and an M&A lawyer with IP experience or a employment lawyer with some M&A experience would have an added advantage.

    Get in touch with Lynn Lazaro-

  • Personally, as a senior lawyer at the firm, I feel a great sense of responsibility towards training and mentoring younger lawyers- Akshay Sachthey, Associate Partner, Phoenix Legal

    Personally, as a senior lawyer at the firm, I feel a great sense of responsibility towards training and mentoring younger lawyers- Akshay Sachthey, Associate Partner, Phoenix Legal

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

    To start the conversation, please tell us about your decision to pursue law. You graduated with an Honours in Economics. What made you choose the legal profession?

    Pursuing law was somewhat of a passive decision. My grandfather and uncle were both Senior Advocates of the Supreme Court. Although I did not have much first-hand exposure to the profession with them, given that law runs in the family, it was always in the mix for me. So when I completed my Economics degree and was considering my next move, naturally, law was one of the options. My father nudged me to enrol at the Faculty of Law at Delhi University and that was that.   

    What drew you to corporate law instead of litigation?

    I did intern with a few litigation chambers but most of my time was spent with corporate firms, the longest stint being at Phoenix Legal. I was instantly drawn to the extremely professional set up of the firm and the finesse and sophistication with which the firm’s lawyers were able to advise businesses. I was also fascinated by how corporate law allows you to have an insight into the entire workings of a business. A corporate lawyer plays a key role in advising a business through its entire life cycle – from setting up, operationalizing and carrying on day-to-day activities to shutting shop.

    You have been with Phoenix Legal since you started practising and have risen up the ranks at the Firm. You have also earned accolades from global ranking agencies. According to you, what does it take to make a successful corporate lawyer?

    I have been rather fortunate, having had the right guidance, exposure and support from my colleagues and clients and I think these factors go a long way in shaping the career of a young  lawyer. Having said that, the usual ingredients of hard work, focus and dedication are pre-requisites in our professional without a doubt. Clients expect their lawyers to be professional, responsible and reliable. The journey can be a grueling one and so it is important to hold on to something that keeps you driven and motivated. This could be anything – a knack for problem solving, a competitive streak or something else.

    How important is it for young lawyers to have a mentor to guide them and look up to?

    Extremely. I have been privileged to have been surrounded by accomplished and well-rounded professionals from the start of my career and have drawn guidance and inspiration from them. So personally, I feel a great sense of responsibility towards training and mentoring younger lawyers. In my view, this is key to building a strong ecosystem and a successful corporate practice. A young lawyer’s formative years can be gruelling and it is important for them to have the right guidance. I believe it is also important for leaders and senior lawyers to build an EQ. Something that is surprisingly uncommon in our profession.

    You have diverse experience in different areas of corporate laws. What are your thoughts on the generalist vs. specialist debate?

    Given the pace at which the legal and regulatory environment is evolving in our country, the specialist lawyer undeniably has relevance today. But for me personally, being a generalist has been what I enjoy most about my practice and I’ve been fortunate enough to have had that exposure from ground zero. From advising on an M&A deal one day to dealing with a tax or regulatory proceeding the next, it keeps me on my toes. I am constantly exposed to new areas and issues of law which I feel has given me a well-rounded perspective. I feel that clients do see value in a professional who is able to provide a holistic take on a business problem.

    What do you find most rewarding about your work?

    The satisfaction that comes with resolving a business problem for a client. This could involve something as big as achieving a successful outcome in an M&A transaction or legal proceeding or something as small as providing a clear response to a client’s query.


    Where do you think the practice of corporate and commercial law is headed in the years to come? How do you see things evolving?

    I think legal as a function is being viewed more and more by businesses as a business-enabler rather than a cost centre. There is a flurry of regulatory activity across the country and businesses are more compliance conscious than ever before. In-house legal teams have grown in size and are increasingly active. AI and legal tech already has heads turning and will undeniably make an impact. At a macro level, I feel that a lot of the inefficiency that exists in the system will be weeded out. My sense is that clients and businesses will tend to look more for strategic and high-level advice and corporate advisory as a practice will grow. This brings a big smile to the face of a corporate advisory lawyer like me.

    As a corporate lawyer in private practice, you must have a busy schedule. Please tell us how you maintain a work life balance. 

    That’s simple – I don’t ! But on a serious note, ‘pockets of time’ has been my mantra. You will often hear me throwing around this term with a younger lot of lawyers. As corporate lawyers, we are constantly struggling to find the right balance. I feel that both during the busy phases and lighter ones, it is important to find and utilize those pockets of time, however fleeting they may be, to recharge. What works best for me is listening to music, playing the guitar, taking time out for a run or spending time with my family. With a bit of planning, efficiency and a supportive team, this is achievable in most situations.

    Finally, what advice do you have for our audience of young lawyers eager to make careers in corporate law?

    Take ownership of your work. Deal with every task as if you alone are responsible for it. Think like a Partner from day one. This is one the best pieces of advice I’ve received. My own two bits you ask? Work hard but also work smart. You will deal with a variety of clients and colleagues and different things will make them tick. Be adaptable and perceptive.

    Get in touch with Akshay Sachthey-

  • Since a patent is generally applied for an invention which is novel and inventive in nature, it is very important for a patent lawyer to be well-versed with technology-Chinthan Japhet, Associate Partner- Intellectual Property, Krishnamurthy & co. (K Law)

    Since a patent is generally applied for an invention which is novel and inventive in nature, it is very important for a patent lawyer to be well-versed with technology-Chinthan Japhet, Associate Partner- Intellectual Property, Krishnamurthy & co. (K Law)

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

    To start this conversation, please tell us about how you ended up pursuing law after pursuing B. Tech. What made you switch your profession from an engineer to a lawyer?

    Indian families continue to express an undue preference for careers in engineering and medicine, to the exclusion of all else. Fortunately, for me, I had a natural inclination towards the sciences and technology and did not in the least bit mind the push towards engineering. However, the decision to then forsake a reputed job in engineering for something as alien as patent law is not something that went down very easily with my family. After a prolonged debate with them, I was able to convince them that their ideas of law and its potential for social change and empowerment influenced me considerably. And that the best way for me to marry my interest in law with engineering was through patent law, a rather specialized field of law that was gaining prominence in India. I consider myself blessed to have found my niche so early in life without much experimentation.

    What was your motivation behind pursuing LLM with a specialization in IPR from USA?

    After having gained sufficient work experience on Indian patent law by working in a reputed IP boutique law firm in Mumbai, I wanted to increase my range of knowledge on patent law of other jurisdictions as well. U.S.A was my first option , since I was intrigued with the advanced patent law system there. It is also very important for a patent lawyer to have knowledge of the patent practice across various jurisdictions. As an example, an Indian patent lawyer is required to be abreast with patent practices across jurisdictions such as the US, Europe, Japan, etc, since a lot of Indian tech companies have international presence in these jurisdictions. In order to gain a competitive advantage in these markets, it is essential for these Indian tech companies to obtain patent protection therein. Taking into consideration these aspects, I decided to pursue an LLM with specialization in IPR from Illinois College of Law, US which specifically caters to candidates interested in pursuing a career in patent law.

    Could you tell our audience about the article which you wrote on “Software Patents -An Indian Perspective”?

    The above-mentioned article discusses the patent protection for software related inventions in India. At present, since software is the core of most of the technological innovations, is considered to be the driving force with respect to current developments across sectors such as automobile, healthcare, manufacturing, networking, telecom, etc. In addition, software programs have helped in developing cutting edge technologies, such as artificial intelligence, machine learning, Internet of Things (IOT), blockchain and cognitive computing. Since there is a lot of confusion around patenting software related inventions in India, we have summarized our observations on the same based on Indian case laws and the practice followed by the Indian patent office.

    Could you please elucidate your role as an Associate Partner with Krishnamurthy & Co (K Law)?

    I head the patent and design practice at K Law. Since our firm is a full-service law firm, other than the core patent and design practice, such as-prosecution, analytics and litigation, we also advise clients on IP aspects in relation to M&A, private equity and venture capital transactions.

    What hardships did you face during the initial days of your career and how did you overcome them? 

    During my initial days in the patent field, learning the art of patent drafting took some time, as there are no specific formats for drafting a patent application. Each patent lawyer will have a specific style of drafting patent applications. Therefore, to inculcate a specific style of patent drafting, which legally would be acceptable was a challenge. I overcame this challenge by going through numerous granted patent applications in India and other jurisdictions, to develop a specific style of drafting for various arts, such as electronics/electrical, mechanical and software related inventions.  

    What qualities do you think a good Patent Lawyer must possess?

    Inventors consider an invention as their own baby, since a lot of time and effort would have gone into developing the same. In this regard, a good patent lawyer must possess the following qualities in order to facilitate the inventor in monetizing the patent:

    Well-versed with the latest technology: Since a patent is generally applied for an invention which is novel and inventive in nature, it is very important for a patent lawyer to be well-versed with the cutting-edge technology.

    Language: Each term drafted in a patent application may be interpreted in different ways, hence clarity and succintness of language used in a patent application would be essential in ensuring patent protection for the inventor.

    Creativity: Patent lawyers have to be creative as the inventors they work with. For example, check with the inventors whether there are any alternative ways of protecting the technology, how a competitor may try to circumvent the patent, any other interpretation to the drafted patent application and emphasize on the problem that the inventor is trying to solve with the invention.

    Business acumen: A patent lawyer’s responsibility in addition to facilitating in ensuring patent protection for the invention is to enable the patent owner to monetize the patent. Therefore, apart from the technology, the patent lawyer should be aware of the competitors, market for the patented product, jurisdictions, where the patented product may be sold, etc. Basis which, the patent lawyer should develop a strategy in order to ensure the client uses patent as a tool in order to gain a competitive edge in the market and monetize the patent.

    Lastly, please tell us what keeps you motivated.

    Inventions whether just an improvement or a breakthrough cutting edge technology, make the world a better place. As a patent lawyer, we are privileged for having helped the inventors deploy the invention to the public. This is what keeps me motivated.

    Get in touch with Chinthan Japhet

  • I’ve always been fascinated by the legal profession and the way it shapes society- Marinos Cleanthous, IP Attorney (EU) – Founder of IP CYPRUS – Appointed Member by the Cyprus Government of the Cyprus IP Committee

    I’ve always been fascinated by the legal profession and the way it shapes society- Marinos Cleanthous, IP Attorney (EU) – Founder of IP CYPRUS – Appointed Member by the Cyprus Government of the Cyprus IP Committee

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

    Sir, can you share with our readers what specifically inspired you to take up a career in law? How did you drill down among various fields of law and chose IP as your area of expertise?

    I’ve always been fascinated by the legal profession and the way it shapes society. What drew me to law specifically was the opportunity to help people and make a positive impact in their lives. I was initially attracted to the idea of becoming a litigator, but as I learned more about the different areas of law, I became particularly interested in intellectual property (IP).

    I found IP to be a compelling area of law because it involves the protection and enforcement of intangible assets like ideas, inventions, and creative works. As someone who has always been interested in technology and innovation, IP law presented an opportunity to work with cutting-edge companies and help them safeguard their intellectual property rights.

    To drill down further and choose IP as my area of expertise, I began researching and speaking with professionals in the field. I was particularly drawn to the complexity of the subject matter and the constant evolution of technology and the law. It’s a field that requires a deep understanding of both legal principles and scientific concepts, which appealed to my analytical and problem-solving skills.

    Overall, I believe that a career in IP law is incredibly rewarding and allows me to combine my passion for technology with my desire to help others.

    What steps did you take when you were back at law school to become the successful IP attorney, you are now? Tell you us briefly about your career path.

    When I was in law school, I focused on courses that were relevant to IP law, such as patents, trademarks, copyrights, and trade secrets. I also sought out internships and clerkships with law firms that specialized in IP law to gain practical experience and exposure to the field.

    After graduation, I joined a law firm as an associate and worked on a wide range of IP matters, including EU and Cyprus trademark and designs cases. I learned a great deal from my colleagues and gained valuable experience in managing client relationships and  drafting legal documents.

    Over time, I developed a reputation in the IP community and began to receive more complex and high-profile cases. As my career progressed, I also became involved in teaching and mentoring younger attorneys interested in IP law. I have lectured at Nicosia University Law School and industry events, and have served as a mentor to several young lawyers starting their careers in this field.

    Looking back, I believe that if you want to be a successful  IP attorney you need to combine hard work, dedication, and a willingness to learn and grow. I never stopped seeking out new challenges or opportunities to expand my knowledge and skills.

    How important do you think IP strategizing is for start-up companies? Most start-ups are not high on investments, therefore what are must-dos for start-up companies from an IP perspective?

    Intellectual Property (IP) strategizing is crucial for start-up companies, regardless of their size and investment capacity. Protecting their ideas, inventions, and brand is essential for their long-term success and competitiveness in the market.

    Here are some must-dos for start-up companies from an IP perspective:

    Conduct a thorough IP search: Before starting any IP filings, it is important to conduct a thorough search to ensure that your idea/invention/brand is not already patented or trademarked. This will help you avoid any potential infringement issues and unnecessary expenses.

    File for patents and trademarks: Once you have established that your idea/invention/brand is unique, it is important to file for patents and trademarks to protect your IP. This will help prevent others from copying, using or selling your invention/brand without your permission.

    Draft non-disclosure agreements (NDAs): NDAs can protect your confidential information and prevent others from stealing or copying your idea/invention/brand. It is important to ensure that anyone you share your idea/invention/brand with signs an NDA before doing so.

    Build an IP portfolio: As your start-up grows, it is important to continue to build your IP portfolio. This will not only help protect your existing IP but also enable you to develop and protect new ideas/inventions/brands as your business evolves.

    Monitor your competitors: It is important to monitor your competitors to ensure that they are not infringing on your IP rights. If you suspect infringement, it is important to take prompt action to protect your IP.

    In conclusion, IP strategizing is a critical component of any start-up company’s success. By taking the necessary steps to protect their ideas, inventions, and brands, start-ups can increase their chances of long-term success in the market.

    Sir, despite your busy schedule as an IP attorney, you are an eminent multi-tasker. You have been listed as the “leading individual” in the field of IP law in Cyprus (LEGAL 500) and you have also acted as the Intellectual Property and Creativity Mentor in many Cypriot Institutions. Can you tell our readers how to go a mile ahead and contribute to the legal fraternity?

    Thank you for your kind words. Indeed, as an IP attorney, I have been fortunate to be recognized as a leading individual in the field of IP law in Cyprus. And I am also grateful for the opportunities I have had to serve as an Intellectual Property and Creativity Mentor in various Cypriot institutions.

    When it comes to contributing to the legal fraternity, my advice would be to focus on two key areas: expertise and community involvement.

    Firstly, it is essential to strive for excellence in your area of expertise. This means investing time and effort to develop a deep understanding of the law and its practical application. It also means staying up-to-date with the latest developments in your field, such as new legislation, case law, and industry trends.

    Secondly, it is equally important to be involved in your local legal community. This can involve participating in professional organizations, attending conferences and seminars, and volunteering your time and expertise to support legal aid programs and other initiatives that benefit the wider community.

    By combining these two areas, you can not only advance your own career but also make a meaningful contribution to the legal fraternity. I believe that we all have a responsibility to use our skills and expertise to give back to society and help build a better future for all.

    You are a member of several active Intellectual Property Organizations, like INTA (International Trademark Association), PTMG (Pharmaceutical Trademarks Group), AIPPI (International Association for the Protection of Intellectual Property), and Silicon Valley IP Law Association. How do you think active participation in these forums helps IP professionals to enhance their careers?

    Active participation in those Organizations can be incredibly beneficial for IP professionals in many ways. Here are a few reasons why:

    Professional Development: These organizations offer numerous opportunities for IP professionals to enhance their knowledge and skills through various workshops, seminars, conferences, and training programs. Such events provide insights into the latest developments and trends in IP law, which can help professionals stay up-to-date with the ever-changing legal landscape.

    Networking: Participating in these forums offers a great opportunity for IP professionals to network with peers, clients, and experts in their respective fields. Such connections can lead to potential business opportunities, new clients, and even job offers.

    Exposure: By participating in these organizations, IP professionals can gain exposure to the international community, which can help expand their reach and potentially lead to global opportunities.

    Professional Recognition: Active participation in such organizations can help IP professionals establish themselves as thought leaders in their respective fields. By sharing their expertise and contributing to discussions, they can gain recognition and respect from their peers and potential clients.

    Access to Resources: These organizations offer access to a vast range of resources like legal databases, research papers, and other tools that can help professionals stay informed and efficient

    Sir, in your opinion, how do you think AI like ChatGpt would impact one’s IP rights?

    AI is increasingly being used in various industries to improve productivity, efficiency, and accuracy. While AI can undoubtedly contribute to innovation, there is also a concern that it may lead to a potential lack of creativity. For example, AI-generated content may lack the nuance and uniqueness that human-generated content can bring.

    Regarding IP rights, AI-generated content and inventions can still be protected under current patent, trademark, and copyright laws. However, the question of who owns the IP rights for AI-generated works can be more complex. Typically, the person or entity who creates the AI or employs the AI would hold the IP rights. However, there are situations where AI may generate an invention without human intervention, and in those cases, the AI may be considered the inventor.

    Despite the potential challenges, AI has the potential to create new patents and IP rights that were not previously possible. For example, AI algorithms can identify patterns and correlations that humans may not recognize, leading to new inventions and innovations.

    In conclusion, the impact of AI on IP rights is a complex issue that will require ongoing attention and analysis as AI continues to advance. Nonetheless, it is clear that AI has the potential to both enhance and disrupt the current IP landscape.

    Sir, what would be your advice for young law graduates who intend to set their career in IP Practice?

    Firstly, I would suggest that you keep yourself updated on the latest technological advancements as technology plays a crucial role in IP practice. With the rise of Artificial Intelligence, Blockchain, and other emerging technologies, it is essential to stay up-to-date with the latest developments in these areas. This knowledge will help you better understand the legal and practical aspects of IP protection and enforcement.

    Secondly, networking is crucial for building a successful career in IP practice. Attend conferences, seminars, and workshops to connect with other professionals in the field. Build a professional network, seek out mentors, and engage in discussions with experts to stay updated on the latest industry trends and legal developments.

      Get in touch with Marinos Cleanthous-

  • Commercial law can be very interesting. Everything depends on the lenses through which one views the world!- Neela Badami, Partner at Samvad Partners

    Commercial law can be very interesting. Everything depends on the lenses through which one views the world!- Neela Badami, Partner at Samvad Partners

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

    Ma’am, we would like to know about your motivation to pursue law.

    I have always loved working with words and with people. I also thought I was good at problem solving. I love books and felt that would help in a career where I imagined the ability to be comfortable with processing large volumes of text was a plus point. I felt the law would give me the forum to marry all the things I enjoy doing.

    Was it your aim to become a gold medalist or it just happened?

    I think that gold medal was scored in a course which was taught very well, and that I enjoyed. A good teacher can make the driest subject matter interesting and bring alive its human dimensions. Since my interest was kindled, I had fun studying the subject. Then the gold medal ‘just happened.’

    Please elucidate about your experience of pursuing LLM from the University of Michigan Law School.

    One of the best decisions of my life, I think. I chose Michigan for a few reasons.

    One, I wanted the experience of living and studying in a small university town (Ann Arbor, in this case).

    Two, the small class size appealed to me. In the LL.M class, we really got to know each other as a group of lawyers from all over the world of all ages, with varied experiences and backgrounds.

    Three, the quality of the faculty and the brilliant mix of courses on offer.  

    I was looking to study both international law and commercial / corporate law, and I had the best of both experiences at Michigan Law. I took corporate law courses with Prof. Vikramaditya S Khanna, and also worked as a research assistant with him. I enjoyed the experience immensely and learnt a lot, including how to think about patterns and connections between law and business; as well as how to ideate projects and test hypotheses that need to be based on vast amounts of data.

    On the public international law side, I attended a course taught by ICJ judge Bruno Simma, called Leading Cases in International Law.

    I also did a handful of shorter courses for sheer joy. ‘Law and Popular Literature’ was a mini-seminar which met once a month over dinner at the home of Professor Gil Seinfeld. Given my love for books, and talking about them over good food and in congenial company, I thoroughly enjoyed this. (For book lovers, here are some of the titles we read: The Nine by Jeffrey Toobin, A Civil Action by Jonathan Harr, Scott Turow’s One-L, A Trial by Jury by Professor Graham Burnett, and In the Shadow of the Law, by Professor Kim Roosevelt). Similarly, the Uncensored History of International Law, taught by Dino Kritsiotis and the late Brian Simpson, was a fascinating course where we did a variety of readings that I remember to this day.

    What did it take to get the opportunity to work as a Law Clerk at the International Criminal Court?

    Serendipity. In 2004, the problem theme in the Philip C Jessup International Law Moot Court Competition was ‘The Case Concerning the International Criminal Court.’ My teammates and I spent close to six months researching and writing up our memorials, taking part in the India qualifying rounds and so on. We were the first team from NALSAR University of Law to make it to the World Finals in Washington DC, so by the time we were done, we knew quite a bit about the ICC. Hence it was quite natural to put in a convincing application for a clerkship. The time I spent in the Hague at the ICC was an incredible learning experience in a multi-cultural, multi-ethnic, multi-lingual environment. The professional bonds forged there were special.

    How did you end up in the commercial area of law? 

    Commercial law can be very interesting. Everything depends on the lenses through which one views the world!

    I have always had varied interests. I think it helps for a lawyer to have a broad vision of the world. After my ICC clerkship I had worked in the Capital Markets team at Amarchand Mangaldas, Mumbai (now CAM), before I went for my LL.M at Michigan. It was a whirlwind of a time since the capital markets were ‘booming’ in 2006-07 and everyone wanted to go public. It was a great learning experience for a young lawyer to be plunged from the get-go into the middle of hectic transactions and timelines. I learnt how to think on my feet, how to process information coming at me from all sides in different forms, and how to handle the variety of stakeholders involved in a public issue (promoters, C-suite folks, investment bankers, lawyers both Indian and foreign, auditors). At large all-party meetings or ‘drafting sessions,’ sometimes I would be the only woman at the table. I think the gender ratios are much better today.

    Going public brings it with a great deal of excitement for companies and it was pleasant to be a very small part of that. As capital markets lawyers we would mark-up advertisements to ensure compliance with the law before issuer companies could plaster them on billboards. I remember how tickled I would feel that a piece of paper I had marked up with a red pen would be magnified 100 times over and splashed on hoardings I’d drive under on Marine Drive.  

    What qualities do you think an M&A Lawyer must possess?

    No two M&A transactions are exactly alike, so I would say the skill to understand first principles thoroughly and then be able to apply them in any context is key. Knowing the basics is crucial to structuring deals in compliance with the law. For new and young lawyers, there is no substitute to reading the Indian Contract Act, the Companies Act, the FEMA and Regulations/Rules made thereunder end to end. Once that is done, understanding the documentation involved in an M&A transaction, why certain clauses are written the way they are written, what is the overall structure of the document, what is its internal logic and coherence, the commercial imperatives behind clauses – all these are very important. The best M&A lawyers understand not just the law and documentation but have excellent project and people management skills as well. Transaction management is both an art and a science and M&A lawyers must wear this hat too in an M&A deal.  

    Please tell us more about your experience in the sectors of fintech, e-commerce and IT.

    At Samvad Partners, I work a lot with startups, corporates, and venture capital and private equity funds. I have been based in the Bangalore office since 2009, so we have been very much a part of the Indian startup growth story. We can only be effective advisors when we understand the business of the client and the counterparties deeply, as well as the regulatory and policy landscape. I think as a firm, we have come to develop expertise in these sectors (amongst others) as we always try to understand the business as well as the technologies of our clients and take a holistic approach.

    IT is a very broad term – I think most of my work has a tech angle to it in some way or the other. A lot of the work I do for our VC/PE clients involves their investments in tech companies, so we really need to understand the business of the target company in order to do an effective due diligence. This can be very exciting since we have to keep pace with rapid changes in technology; the law can be slow to catch up. For example, we recently examined the business of a global company operating in the Web3 space, that wanted to issue tokens instead of shares. Data protection and privacy is another space that we see quite active at the moment.  

    On the fintech side, we have been advising companies on a variety of new business models, including in the space of decentralized finance. We help our fintech clients structure their businesses in a legally compliant manner; as they need to be mindful of increased regulatory oversight.

    E-commerce continues to be an exciting space, as consumers we are thoroughly spoilt for choice! Our work here is similar to what we do for our other clients, helping them with compliance in different areas of law – foreign exchange management, company law, consumer protection, legal metrology, food safety and standards, and so on.

    The last question to you is what advice you would give to our audience who are looking forward to work in The areas of e-commerce, IT law and M&A? 

    It is difficult to say do XYZ to become an expert in these fields. At the end of the day, basics have to be strong because you will need your basics of contract law and company law to stand you in good stead in all of these fields. The other foundation you will need for all these fields is an understanding of the foreign exchange management regime. After the basics comes learning through experience, and reading up on sector-specific law and delegated legislation. Delegated legislation can be a maze. A good practitioner has an understanding of the overall picture and how to navigate the maze.  

    Over time, I have found that one typically does one’s best work when one enjoys what one is doing. So, I’d say, take the time to figure out what area of law you enjoy. Use your internships well to get a sense of the different options available. The same thing needn’t work for everyone. If there is a particular area of work you enjoy, go all-out with it. Read and learn deeply, not just the law/regulation, but white papers put out by regulators and think tanks, similar activity in other jurisdictions – be creative, think laterally, connect the dots in ways that people may not yet have thought of. Use your creative energies to their utmost. Stay abreast with the trends. Don’t expect someone else to make you an expert in the field, take the responsibility to make yourself the expert. Start writing and putting your work out there. Connect with the people in the field you’re interested in, who are doing similar work. Breathe it and live it until you achieve it. (Then, just re-double your efforts! )

    Get in touch with Neela Badami-

  • Over the years, access to justice has seen a sea change- Ankit Swarup, Advocate-on-Record

    Over the years, access to justice has seen a sea change- Ankit Swarup, Advocate-on-Record

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

    To start the conversation, please tell us how you ended up pursuing law. 

    Even as a child, the legal field excited me, though at the same time I could see the uphill battle that it is. My father being a practising advocate, I had seen his long hours of reading and his associates staying in the office till late hours doing drafting. However, when he would share stories of the day of interesting courtroom experiences at dinner time, those discussions would have me hooked for hours. My interest in the field started developing and I started wondering if I could pursue law as a career. I enrolled myself for law entrance coaching for 2 month – crash course, gave my entrance exams, cleared it and joined NALSAR in 2004.

    Please tell us how our judicial system has evolved over the years. 

    During my internship days, the physical access to courts was more. Interns could witness the Supreme Court proceedings and learn. Further, the clients/ litigants did not have to go through such lengthy procedures to obtain court pass. None of the advocates needed a proximity card but of course, this had to be balanced with rising security concerns. Virtual hearings today, are balancing as well as playing their part in increasing efficiency and transparency in court proceedings. It took some efforts to overcome infrastructural and connection issues but it was handled well. Supreme Court has also introduced judgments in vernacular languages to make judgments accessible to more and more people. Recently, the Constitutional Bench of the Supreme Court began live streaming of its hearings which gives an opportunity to law students as well as citizens to virtually observe the approach that the Apex Court is adopting. Efforts by the Supreme Court for e-filing and soft petitions have been environment conscious steps. Over the years, access to justice has seen a sea change.

    When it comes to the pendency of cases, the Supreme Court, by making some procedural changes to disposal of cases, took the bull by its horns. The common man has its hope resting on the judiciary. The court has attempted to reign the contents and limits of PIL in order to avoid frivolous PILs. Further the Supreme Court has been giving many landmark judgments such as lifting of the ban on women’s entry to Sabarimala temple, Section 377 IPC decriminalization; recognizing individual rights thereby ushering an era of social transformation. However, judiciary should also take steps to achieve greater transparency and providing access to justice and to maintain the independence of the judiciary.

    Given a very busy schedule, please tell us about how do you maintain a work life balance. 

    This profession is invariably demanding. Running from one court to the other, endlessly waiting for the matters, research, drafting and client dealings starting mostly in the third quarter of the day, every day brings its own challenges which takes up most of your time.

    I believe that a fit body is key to an active mind, which is the greatest asset of a lawyer. Apart from law, I love spending time with my family and my dog or watching sports and I try to ensure that I take an hour or so out to do these things every day. It helps me start the day with full enthusiasm. Also, I love to travel both within and outside the country. Take frequent breaks, relax, rejuvenate and re-energize to be back at work or else stress could burn you out.  

    What skills do you think one must possess in order to draft effectively? 

    Drafting is very important in a case, it is a winner or a buster.

    Firstly, one has to develop the skill of reading the case papers in depth in order to have every detail needed to draft and marshall the facts. Secondly, proper research of the law and applicable case laws. Thirdly, have a structure including a sequence of happenings and not being repetitive, keeping it crisp, to the point and use of unambiguous language. Lastly, we have to keep in mind the prayer that we are going to make even at the time of drafting the pleadings.

    We would like to know about that one case you will always remember. 

    This is a difficult one. Law is dynamic, and every case brings with itself a whole new gamut of challenges, and with that comes new possibilities. I remember this case where a higher judiciary officer’s promotion and annual grading were in question. The opposite counsel was certain of his win (as he was usually winning these cases representing the high court), and overlooked placing some vital documents before the court, and that went in our favour. From this I learnt that no matter where you are in your career, how cast iron your case is, one should never be over-confidant.

    Please tell us about the struggles you face during your initial years of practice and how has it changed for you now?

    I had taken the plunge of becoming a litigator, and it is tough. Waiting for clients, long hours of research in the Supreme Court library, filing of matters without the help of any clerk. I worked hard to meet the clients’ expectations and make a mark with my arguments on points of law. But the most difficult task was to make the clients pay the fees, obviously.

    As years go by, you mature into a wiser, more informed counsel, the clients rely on you and so does the court. Being an AOR also contributes in establishing your name as a regular practitioner.

    How far does being a fair counsel take you?

    It is very important to be fair to the opposite side and not to try to mislead the court. Concealment of facts that are prejudicial to your client will not benefit anybody. Maintaining your integrity is imperative. The judges should have absolute faith in the assistance provided by the counsel. That a goes a long way in establishing your practice. In Supreme Court when one appears for the AOR exam, he/she has to also study professional ethics. That provides you with an insight with respect to the importance of ethical practice and its positive impact in your relationship with all the stakeholders including your colleagues, clients and the judges.

    How do you keep up with the recent developments in your field?

    I update myself with legal digests and journals and keep a tab on the online legal news portals. With the emerging legal events in our country, it has become essential to keep yourself informed about the developments which always gives you an edge while strategizing and preparing arguments in the matter.  

    Could you please give some advice to the young legal professionals who are looking forward to start their practice?

    What is constant in this profession is learning and hard work. Perseverance is the mantra. Being only in my 14th year of practice, still one thing that I have learnt and would like to share is that never take your losses to heart and success to mind and do not keep measuring your efforts in terms of the outcomes. As long as you’ve provided the Client and the Court with your best assistance, you should move on. Also, don’t compare yourself to others, everyone has his/her own journey and trajectory. Further, time management is very important and to always be prepared, each time you step in the courtroom. As far as Supreme Court practice is concerned one has to identify the question of law which would get the judges interested in your matter and present it to be easily comprehensible and in least possible time.

    Get in touch with Ankit Swarup-

  • Aspiring lawyers should not only focus on mastering the law, but also on improving their writing, drafting, and communication skills- Suma RV, Partner- Labour and Employment practic, King Stubb & Kasiva

    Aspiring lawyers should not only focus on mastering the law, but also on improving their writing, drafting, and communication skills- Suma RV, Partner- Labour and Employment practic, King Stubb & Kasiva

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

    Ma’am, can you share with us what inspired you to pursue a career in law?

    My paternal great-grandfather was my greatest inspiration. Although I never had the chance to meet him, I grew up hearing stories about him, who was B.A., B.L and worked for the then Central Excise department. While studying in pre-university college (XI and XII), I realized that I had lost interest in studying science and instead found my passion in law. Choosing a career in law was a deliberate decision for me, as I always wanted to pursue the unconventional path as compared to my peers and relatives, many of whom opted for engineering or medicine. Over the past decade, I have gained valuable experience working at esteemed law firms such as Cyril Amarchand Mangaldas, Kochhar & Co., and presently, King Stubb and Kasiva. And consequently has made me realise this career choice has been a great fit for my personality, and I continue to learn and encounter diverse legal issues on a regular basis that makes this journey truly unique and exciting.

    Can you walk us through the process of drafting HR policies and employee handbooks?

    The primary objective of Indian labour laws is to safeguard the interests and welfare of workers, while also acknowledging employers’ rights to discipline their employees. However, the law does not explicitly outline all the privileges and corresponding obligations/limitations of employees. This gap necessitates that employers create HR policies, employee handbooks, and other such documents to clearly articulate the terms of employment for various categories of workers, such as probationers, fixed-term employees, permanent employees, temporary workers, and others.

    Labour laws in India are often tailored to specific industries and locations, with some laws only applying to businesses that meet certain employee thresholds and/or pay scales. Therefore, when external counsel assists in developing HR policies, employee handbooks, and other similar documents, they must have a thorough understanding of the company’s nature of business, the nature of the workforce, and the location of the company. Additionally, they must be clear about the company’s expectations for its employees and what it intends to offer in return. Based on these factors, policies are drafted or reviewed, outlining the rights and limitations of both the employer and employees, while also adhering to applicable laws. It is also important to consider the policies and practices already in place within the company while drafting HR policies and employee handbook.

    How do you ensure that your clients are compliant with labour laws in India?

    As an external counsel, it is crucial to inform clients about the compliance requirements under applicable labour laws, as well as the consequences of non-compliance. However, our work or opinion is usually limited to specific queries from the client.

    Since labour laws are part of the Concurrent List of the Indian Constitution, which allows both the Central and State governments to enact laws, rules, or regulations, legal and human resources professionals within organizations must stay up-to-date with the latest developments applicable to their location and industry.

    At KSK, we publish Employment Law Updates on a monthly basis, which offer a comprehensive guide to significant changes in labour and employment laws, including notable judicial precedents. These updates help companies stay current with the latest developments in the field. We share these updates with clients and post them on LinkedIn, while snippets of the same can be viewed on our website.

    Would you like to discuss some of the challenges that companies face when it comes to lay-offs, retrenchment, downsizing, and transfer/transition of employees’ employment?

    Employers often find it difficult to make the decision to lay off, retrench workers, or downsize the workforce, as the legality of such decisions can be challenged before labour authorities or courts. Furthermore, these decisions must be fair and reasonable, as they significantly impact the livelihoods of employees. If the implementation of such decisions requires approval from the concerned government, the process may be delayed due to objections from workers, unions, or authorities.

    When transferring an employee’s employment from one employer to another, the employee’s consent is necessary, and compliance with other legal requirements is also required. However, objections by employees or unions can prolong the process of completing such actions. 

    How has your in-house experience at Ujjivan Small Finance Bank Limited shaped your approach to advising clients on employment laws?

    While an in-house role that specializes in employment laws may have limitations as certain labour laws are industry specific and issues at hand are specific to the business, I consider myself fortunate to have gained experience in various employment-related issues in a short period of time. My scope of work included advising the business on employment terms, termination of employment, employee compensation and benefits, policy formation, contract rescission, employee discipline, and process document preparation, as well as training resources on various processes.

    Moreover, my role as an in-house counsel has given me insight into how other business verticals within the organization function, their expectations, and the challenges they face when implementing change. It is this experience that has skilled me to take a holistic approach within legal boundaries when advising clients.

    What qualities do you believe are necessary for success in the legal profession, and how can aspiring lawyers develop these qualities?

    I believe that there is no simple formula for success in any profession and it is important to identify and follow one’s passion, and pursue a path in line with their passion.

    In the legal profession, it is essential to have a thorough knowledge of the relevant laws and to stay up to date with developments affecting one’s area of practice and the profession as a whole. However, success requires more than just these traits; it also demands continuous learning, research, strong interpersonal and analytical skills, critical thinking, and most importantly, honesty, integrity, and perseverance.

    Aspiring lawyers should not only focus on mastering the law, but also on improving their writing, drafting, and communication skills. It is vital to practice thorough research when reaching conclusions on legal issues, and self-evaluation for advancement in one’s career. 

    Get in touch with Suma RV

  • Perseverance and a strong dedication to expanding one’s knowledge base are essential for success in the field of law- Foram Shah, Partner, King Stubb & Kasiva, Advocates & Attorneys

    Perseverance and a strong dedication to expanding one’s knowledge base are essential for success in the field of law- Foram Shah, Partner, King Stubb & Kasiva, Advocates & Attorneys

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

    Ma’am, please tell us about your decision to pursue law.

    During my preparation for the final year of my Economics Honors degree, I made the decision to pursue a career in law.

    Please tell us about  the hardships that you faced by you in your 18 years of experience in corporate laws and how you overcame them.

    Certainly, as someone with 18 years of experience in corporate law, I can attest that there are many challenges one can face in this field. However, I firmly believe that these initial hurdles can ultimately make you stronger.

    One common challenge for lawyers is obtaining good, high-quality work. In order to overcome this challenge, I have found that knowledge is absolutely crucial to advancing your career. Even during years when I didn’t have many quality clients, I never gave up on my belief in myself. Instead, I focused on continually educating myself by staying up-to-date on new regulations, revised and amended acts impacting corporates, and reading orders. By doing so, I was able to prepare myself to help corporates face new challenges in regulations and compliances.

    In short, perseverance and a strong dedication to expanding one’s knowledge base are essential for success in the field of law.

    Please elucidate about your international experience as a lawyer.

    I have been fortunate to have numerous opportunities to work on international transactions throughout my career. I have been involved in setting up companies and joint ventures in various parts of the world, as well as working on the acquisition of companies in Africa, Far East Asia, Europe, and beyond. In the course of these experiences, I have had the opportunity to work closely with local counsels and legal experts in each respective country, allowing me to gain a deep understanding of their unique internal laws and regulations.

    I consider my international experience to be an invaluable asset to my career in law. It has broadened my perspective and provided me with a wealth of knowledge and expertise that I can draw upon in a wide range of legal matters.

    We would like to know more about the  masters which you pursued from NLSIU in Business Laws and in what ways it has helped you in your corporate career.

    NLSIU Bangalore is a pioneer in offering Master’s program in Business Laws. It provides a comprehensive understanding of the various legal frameworks that are essential for businesses to operate successfully. Moreover, the program is designed in such a way that it not only imparts knowledge on laws but also focuses on developing essential commercial skills. This includes aspects such as understanding businesses of clients, commercial awareness, and negotiation skills.

    The program has certainly helped me in my corporate career by giving me a well-rounded perspective on how businesses operate in the legal sphere. Through this program, I have gained a deep understanding of various legal aspects related to businesses, such as regulatory compliance, corporate governance, and contract law, among others. Furthermore, the commercial skills that I have developed have been instrumental in understanding the businesses of my clients and working with them to achieve their goals.

    In short, pursuing a Master’s in Business Laws from NLSIU Bangalore has been an immensely valuable experience for me, providing me with a strong foundation of knowledge and skills that have helped me succeed in my corporate legal career.

    You have also advised on Data Protection policy and GDPR policy. Please explain your experience. 

    Perceiving the current scenario, the data protection policies in India are still in the phase of the Personal Data Protection Bill, which was introduced in Parliament in 2019. The bill aims to provide a comprehensive framework for the processing of personal data in India, including provisions for data protection, individual rights, and obligations for data processors and controllers. The bill is currently under review and is expected to be amended to address concerns raised by various stakeholders. Once the bill is passed, it will become a law, and all organizations operating in India will be required to comply with its provisions.

    At present, in India, we do not have any strict guidelines; however, industries and companies have started preparing to implement the terms of new guidelines, which are expected to be introduced in the near future. As a partner handling several data protection mandates at King Stubb & Kasiva, my team and I are helping our clients and their departments to ensure that they are compliant with the guidelines from day one.

    On the other hand, GDPR (General Data Protection Regulation) is a comprehensive data protection law that came into effect in the European Union in May 2018. The law applies to all organizations that process personal data of EU citizens, regardless of where the organization is based.

    GDPR has several key provisions, including requirements for data protection impact assessments, the appointment of data protection officers, and the reporting of data breaches. The law also provides individuals with several rights, including the right to access their personal data, the right to request erasure of their data, and the right to data portability.

    Our team at King Stubb & Kasiva has worked extensively with Indian companies having a presence in Europe to comply with GDPR by formulating policies for them and ensuring that our clients comply with all aspects of GDPR. The team is well-versed in the requirements of GDPR, and we help our clients to navigate the complexities of the regulation to ensure that their businesses are fully compliant with the law.

    Apart from working, what do you prefer in your free time? 

    In my free time, I enjoy exploring rural areas and helping out in schools or medical facilities. I also like to spend time gardening and listening to music.

    Lastly, what kept you going on in all these years?

    What has kept me going in all these years in the field of law is my passion for the profession and my desire to continuously learn and grow with always motivated and enthusiastic team at King Stubb & Kasiva. I am constantly inspired by the challenges and complexities of legal issues and the opportunities to help clients achieve their goals. Additionally, I am motivated by the positive impact that my work can have on businesses and individuals, and the satisfaction that comes with contributing to the greater good. 

    Get in touch with Foram Shah –