Author: SuperLawyerTeam

Pooja Chakrabarti, Partner, Argus Partner on decision to study law, attending University of Oxford, importance of authoring research articles and value of networking
This interview has been published by Priyanka Karwa and The SuperLawyer Team

At which point in time did you decide that you wanted to pursue a career in law?

I belong to a family of doctors and have virtually no lawyers in my family, however, something about the profession always excited me. I do not think that there was a particular point in time when this decision was taken, but in Class XII when I was expected to prepare for Pre-Medical Tests, I found myself looking at Law School brochures instead. Things moved fast and I joined Symbiosis International University, Pune soon after. I do not regret the decision at all and am grateful to have found my happy place.

You have completed Bachelor of Civil Law from the University of Oxford. Can you share a roadmap which will help graduates aspiring to pursue their higher studies from such prestigious institutions?

There is no specific roadmap really. Every university is different with distinct parameters to determine eligibility. Standing out is of utmost importance for candidates.

For University of Oxford, primary impetus should definitely be on securing excellent grades, as the University accepts students from only the top 1-2% in a batch. Besides, it is good to have some solid co-curricular activity on your resume, such as moots, debates etc. Demonstrating passion for a hobby or an interest outside work is also appreciated. Lastly, an original, well-articulated Statement of Purpose helps, which would demonstrate how a candidate is unique. Although I attended Oxford after working for 5 years in a law firm and had never applied for judicial clerkship, many of my classmates had worked as a judicial clerk after graduating from a law school.

Can you share some of your learnings, both on academic and non-academic fronts, while you were at Oxford.

Oxford has definitely taught me to be systematic, disciplined and thorough. Considering only the sheer volume of the course material, it was a task to keep up in class. The course material would be circulated to students well ahead of the class and it was expected that every student would be thorough with it before class. In class, we would discuss, dissect, and analyse the material. We would also write our own papers for tutorials and debate the same with the Professors. We were always encouraged to question, probe, challenge and argue, develop new theories and pen them down. I enjoyed the entire academic experience.

As far as non-academic fronts go, the University has a strong network of alumni, and I am in touch with some great friends I made there. The University also has a hectic social life with sit-down dinners, wine and cheese evenings and BOP (Big Open Parties). I have attended my fair share of these, including the long walks beside the Cherwell. Overall, I cherish the year and all it brought.

Being a litigator, you work in several areas like commercial litigation, arbitration, insolvency matters, intellectual property, constitutional law, real estate etc. Is it challenging?

Every area of law is important and challenging in its own way. I am extremely passionate about my work. As a litigator, it is important to appreciate and understand the business aspects of a transaction and only then can you provide commercially viable solutions to your client. It is also essential to adapt to the ever-evolving commercial environment and analyse how the advice and strategy will affect the client’s business. There is a new challenge every day, but I thoroughly enjoy the rush of adrenalin it brings.

Given your busy schedule, how do you allocate time for authoring research papers? Do you think that publishing papers, as a lawyer, boosts one’s career?

I am generally interested in writing about recent legal developments, and it is also a great way to stay updated, as writing also involves a lot of reading about the subject. Publishing papers improve visibility and demonstrate knowledge. It can also act as an excellent conversation starter. I have had many clients and peers approach me to discuss a particular paper I have written, and provide insights on the same. It is an effective way to stay connected to the larger ecosystem.

How do you keep yourself updated with the current legal trends, given your busy work schedule?

I am a voracious reader with varied interests. I subscribe to the databases available and follow them regularly for updates. I try to set aside some time during the workday for this purpose. Besides, Argus Partners has an extremely active and focussed Knowledge Management team that circulates regular updates on current developments, and this helps me keep updated.

Do you think good grades and moot court experience are necessary to be a good lawyer? What else do you think is required?

I don’t think there is one formula to anything. Good grades demonstrate consistency and dedication but there is no hard and fast rule that everyone who scores high marks in law school turns out to be a great lawyer. The reverse is also true. Participating in a moot court is important as it enables young minds to analyse legal issues, research on them, draft contentions and argue, but the professional world is very different from the life a law school offers. What is important for a young professional is to keep learning and stay focussed.

How important do you think it is to network with fellow lawyers and those from the professional front to grow in one’s career?

Networking is an important building block. It is important to learn from others, share experiences and insights, and be a part of the larger legal community to build connections. Networking increases visibility, enhances professional reputation and helps develop a strong personal brand. In this age, it is important to be present and active on social media applications, such as LinkedIn. One can learn a lot from one’s peers.

What advice would you give to a legal professional just starting out?

One should demonstrate a zeal to learn, hard work, integrity, and ownership. Every assignment should be treated as an opportunity to bring out the best. I always tell my junior colleagues that they should be prepared for the long haul and not get distracted or demoralised with minor setbacks. Find a mentor, if possible, and learn from them. The journey is challenging, but consistency will bring success despite impediments.

Get in touch with Pooja Chakrabarti-
- LinkedIn
March 23, 2023
Being a first generation lawyer is definitely challenging and these challenges may sometimes dishearten even the strongest of people- Ashish Kothari, Partner, King Stubb & Kasiva, Advocates & Attorneys
This interview has been published by Priyanka Karwa and The SuperLawyer Team

To give this conversation a start, please tell us about the person you thought you would become when you were young.

This is an interesting question! I was heavily influenced by movies and cricket in my childhood, and wished to a become a person who had a huge of fan-following. Obviously that has not happened, but I always try to at least remain popular among my colleagues and juniors by treating them well and with respect.

Since you are a first generation lawyer, please tell us about the struggles you faced during your initial years.

I was fortunate to get a placement at a law Firm through my college’s placement programme. So, thankfully, I did not struggle in finding a good firm/office to start my career, which many first generation Lawyers face. My struggle in the initial years of my career was limited to adjusting in Delhi, dealing with homesickness and surviving within the salary I was receiving. However, as I progressed in my career, I realized that first generation Lawyers have to face some challenges that are usually not faced by someone who already has a legal background. The most obvious challenge I faced was to make my own Clients and get good work. However, over the period of years, I managed to carve out a place for myself in the Industry. I focussed a lot on giving practical and effective advise to Clients and expanding my circle. Slowly, my hard work paid off and my Clients started trusting me with matters involving high stakes. Friends from my school and college also helped and supported me a lot in this process. My journey made me realize that while it takes a little extra hard-work, it is not impossible to carve out a place for yourself even if you don’t have a legacy.

What it takes to become a partner of a law firm and that too one of the youngest people?

A lot of hard-work, guidance and some luck!

In my limited experience so far as a litigating Lawyer, I have realized that there is no short cut to success. My journey comprises of several all-nighters, working weekends, cancelled holiday plans, early morning preparations for hearings and what not. It has been a hard but an extremely enjoyable and fulfilling experience for me at the same time.

However, hard work is not the only ingredient in the recipe of success. One needs the right guidance at the right time. I was very lucky in this regard as I got very good mentors and seniors in the early phase of my career who guided and helped me immensely in developing my skills as a lawyer. The qualities and work ethics I learnt from my seniors have helped me immensely in reaching where I am today.

Please elaborate on your role as a Partner Litigation and Head- Agrochemical practice.

Some people may be surprized to note that the Global Agro-chemical Industry is worth about 220 Billion USD. The Indian Agro-chemical Industry is itself worth more than 6 billion USD. The agro-chemical Industry is already one of the largest industries in terms of turnover and is rapidly expanding owing to new innovations in the field of crop protection. Ironically, while the industry is growing substantially, it is also one the most heavily regulated industry in the world owing to the inherent nature of pesticides. These unique aspects of the Industry give rise to several complex legal issues that require not only a deep knowledge and understanding of the laws and regulations around agro-chemicals but also a substantial understanding of Chemistry.

I take great pride in stating that I am one of the very few Lawyers in the Country who specialize in the field of Law relating to Agro-chemical, Seeds & Fertilizers. In my current role at my Firm, I am advising and representing leading Agro-chemicals, Seeds & Fertilizer Companies of the world. I am also representing some of the largest Agro-chemical Industry Associations (having membership of more than 300 companies) before various Courts across the Country.

Apart from heading the Agro-chemical practice, I am also handling several key litigations relating to Sports & Gaming Laws, Infrastructure Laws, Insolvency Laws, Arbitrations, Contractual Disputes etc.

How do you spend a day off?

My off days are usually spent playing cricket or binge watching a good series with my family. Since me and my wife love travelling, in long weekends or during Court vacations, we try to take a few days off for a vacation to rejuvenate and unwind ourselves.

Lastly, please provide us with your valuable piece of advice to the first generation lawyers who are struggling in their initial years.

Being a first generation lawyer is definitely challenging and these challenges may sometimes dishearten even the strongest of people. So it is extremely important for first generation lawyers to be patient and positive in their outlook. One must understand that for the Client, only good work and results matter and if a Lawyer can give them results, they do not care whether you are a first generation Lawyer or have a legacy. If the Client is impressed with his Lawyer, he will not only come back with more work but also recommend him to others. Even in my case, I have received so much work from new Clients merely based on recommendations from my existing Clients. So, the focus must be on delivering results and gaining the trust of Clients. One must keep in mind that the road to success may be a bit longer for a first generation Lawyer but it is never closed!

Get in touch with Ashish Kothari-
- LinkedIn
March 23, 2023
One of the most rewarding aspects of being a lawyer is the continual learning that comes with the job- Ish Jain, Arbitrator at Delhi International Arbitration Centre
This interview has been published by Priyanka Karwa and The SuperLawyer Team

To start our conversation on a lighter note, we would like to know why did you choose to be a lawyer?

From a young age, I was drawn to the idea of a profession that would allow me to serve others while also growing and developing as a person. As I progressed through my higher education, it became clear to me that law was the ideal field to achieve these goals. I would say, one of the most rewarding aspects of being a lawyer is the continual learning that comes with the job. Every day presents new challenges and opportunities to expand one’s knowledge and skills. Whether I’m studying a complex legal issue or working on a case, I am constantly pushed to think critically. That feeling of being pushed to think critically and the feeling of ‘rush’ that comes along with it is what gets me stoked to be a lawyer. In addition, being a lawyer also provides me with a sense of purpose and fulfilment. By using my legal expertise to assist clients and advocate for justice, I can make a positive impact on society. Whether I’m working on a high-stakes commercial matter or representing an individual, I am driven by the knowledge that my work is making a meaningful difference in the lives of others. Ultimately, my passion for the field of law stems from the fact that it allows me to combine my desire to learn and grow with my commitment to serving others. It is a challenging and demanding field, but I believe that the rewards of being a lawyer far outweigh the challenges.

We understand that you have so many distinguished accolades attached to your name, especially in the field of arbitration. Please tell our audience about your illustrious career as an arbitrator.

My passion for arbitration as a career was ignited during my tenure as an assistant to retired Hon’ble Justice M.S. Rane. Witnessing the transformative power of arbitration in resolving disputes sparked a deep interest within me, and I knew that this was the field that I wanted to pursue. My interest in arbitration only grew as I pursued my LL.M. from the prestigious Queen Mary, University of London, UK, where I studied Oral and Written Advocacy in Arbitration as well as International Commercial Arbitration law. This formal education not only sharpened my skills but also gave me a broader perspective on the field.

Since 2004, I have had the privilege of working in the field of Arbitration in a wide range of disputes, including complex commercial disputes, construction disputes, intellectual property disputes, technology law, Aviation law, Maritime disputes, etc. My expertise in the field has been recognized through various accolades and appointments. In the last 8 years, I have had also the privilege of serving as an independent Arbitrator and I am presently empanelled with more than 26 institutes as an Arbitrator in Asia, the UK, and the Middle East. In addition, I am also actively involved in promoting the field of arbitration and advocating for its benefits as a dispute resolution mechanism. I have been invited to speak at various conferences and seminars on the topic. I am proud to have been working in this field and am eager to continue making a positive impact through the transformative power of arbitration.

Being in the Arbitration profession since 2004, what were some of the defining moments?

In my career, I have had many defining moments that have shaped my professional journey in the field of Arbitration. From representing noteworthy real estate developers and high net-worth individuals to businesses and entrepreneurs from diverse sectors of the business community, I have had the privilege of working with some of the best lawyers in the field. However, one particular case stands out as a truly fascinating experience.

I had the opportunity to work on a case that involved a manufacturing defect in an Aircraft and the failure of the landing gear in a new Aircraft. This case not only challenged me as a lawyer, but also allowed me to push myself to the limits of my knowledge and expertise in dealing with Arbitration cases and ICC Rules. It required me to think outside the box, exercise creative problem-solving skills, and work collaboratively with a team of experts to achieve a favourable outcome for my client.

It was a defining moment in my career, as it taught me the importance of perseverance, adaptability, and strategic thinking. This experience helped me grow both as a lawyer and as an Arbitrator, and I am grateful for the lessons learned.

Overall, my journey has been filled with many defining moments, each one contributing to my growth and development in unique ways. I look forward to continuing this journey, embracing new challenges, and striving for excellence in everything that I do.

Since Arbitration is a growing field in our country, what is the major difference in other jurisdictions/countries compared to India? How do you look at the potential in this field for law practitioners in India?

Arbitration has become increasingly popular in resolving disputes in India, as well as in other jurisdictions/countries. In fact, the Bar Council of India opening up avenues for foreign law firms in India and allowing Foreign lawyers to appear for their clients in International Commercial Arbitration will definitely allow India to be one of the hubs of International Commercial Arbitration.

However, there are some notable differences between the practice of arbitration in India and other countries. One major difference I would like to point is the level of institutional support for arbitration. In some countries, such as UK, France, Switzerland, Singapore and Hong Kong, there are well-established institutions that provide administrative support and expertise in arbitration. These institutions have established rules and procedures for resolving disputes, which can make the process more efficient and reliable. Another difference is the extent to which the courts are involved in arbitration proceedings. In some countries, such as the UK and Singapore, the courts are heavily involved in the arbitration process and can play a significant role in enforcing arbitration awards.

In terms of potential for law practitioners in India, the growing field of arbitration presents a significant opportunity. As businesses in India increasingly seek to resolve disputes through alternative means, there is a growing demand for legal professionals with expertise in arbitration. This can include both lawyers who specialize in dispute resolution as well as those who have experience in related areas such as international trade and investment. Overall, the potential for law practitioners in India in the field of arbitration is significant. However, it is important for practitioners to stay up-to-date with developments in this area and to develop the necessary expertise and skills to succeed in this growing field.

As you are pursuing a PhD, how do you manage your workload and maintain a balance between your academic responsibilities, work, and life?

Balancing work, education, and personal life can be a challenging task, but it is essential to ensure that I am productive, efficient, and not compromising on my personal life. To balance these three aspects, I follow a few key strategies: First, I plan and prioritize my tasks by making a to-do list and scheduling my day accordingly. This helps me stay organized and ensures that I am making the most of my time. Second, I set realistic goals for myself, both short-term and long-term, and try to achieve them. This helps me stay motivated and focused on what I want to achieve. Third, I manage my time effectively by avoiding procrastination, limiting distractions, and making the most of my productive hours. I take short breaks in between work or study sessions to refresh my mind and avoid burnout. Fourth, I seek support from family, friends, or colleagues if needed to ease the workload and reduce stress. Finally, I maintain a healthy work-life balance by making time for myself, spending quality time with family and friends, exercising regularly, and pursuing hobbies that help me relax and rejuvenate, for e.g. picking up a sport like Tennis helped a lot. Overall, finding the right balance between work, education, and personal life is essential to avoid stress and burnout. By following these strategies, I am able to balance these three aspects and achieve my goals while also taking care of my personal life.

To wrap this conversation up, what advice would you give to legal professionals in their initial years?

To all young lawyers, I would like to emphasize the importance of merit and perseverance in achieving success. While it is true that smart work is crucial in today’s fast-paced world, however, it cannot be a substitute for hard work and effort. It is essential to put in the effort to maximize your potential and achieve your goals. For instance, if you aspire to practice in the field of Arbitration, you must dive deep into the legal and business aspects of the field. You cannot simply skim the surface; you must understand all the consequences and have the ability to listen fairly and impartially to a dispute before issuing a legally binding award. This level of expertise comes with experience, and gaining that experience requires hard work and dedication. So, my message to all young lawyers is this: strive for excellence and put in the necessary effort to achieve your goals. With perseverance, dedication, and a commitment to constantly improve, you can achieve great things in your career and beyond.

Get in touch with Ish Jain-
- LinkedIn
March 22, 2023
Early on your career you may lack the natural gifts of more senior lawyers but you can make up for this by spending time preparing as best you can for every eventuality- Daniel Murphy, Managing Partner at MD Law Group
This interview has been published by Priyanka Karwa and The SuperLawyer Team

Sir, can you briefly tell us, what predominantly led you to choose law as your career?

I have always enjoyed the solving of problems. Law presented challenges which required solutions which is why I decided to pursue the career.

As a student of law, what were the subjects that deeply intrigued you?

I was always interested in international human rights law and international law as I had a background in international politics.

How and why did you choose criminal defense as your primary practice area? What do you think are the primary challenging areas in this field of law?

I chose this area as I felt I could make a significant different for disenfranchised people. The constitution plays heavily in litigation which is fascinating

You have witnessed a wholesome experience as a prosecutor in Newfoundland and Labrador while acting as the sole prosecutor on the Burin Peninsula. Can you share with us your key learnings that would guide budding lawyers who expect to launch their careers in criminal prosecution?

Always over prepare. Early on your career you may lack the natural gifts of more senior lawyers but you can make up for this by spending time preparing as best you can for every eventuality.

Sir, you have had an extensive experience in defence proceedings for offences ranging from common assault to attempted murder. Would you like to share some interesting strategies you employed to win a particular case?

Applied pressure to a specific Prosecutor which had my attempt murder client released.

As the managing partner at MD LAW GROUP, can you give us a glimpse of an average day at work?

Often times they are long days. I interview clients, review documents that come from the prosecution and often spend days in court in trial,

From your experience sir, what are your strategies and policies when it comes to negotiating with prosecution offices and how do you handle it when the negotiations don’t turn up in your favour?

Always be respectful of your fellow lawyers. You may be diametrically opposed in position but always show kindness and remember this is not personal but business. When things go wrong I usually summarize our impasse in writing and urge them to accept my position.

Sir, with the infinite growth in opportunities, what are the areas you would suggest where upcoming law graduates can focus and elevate themselves?

Based on my experience family law and employment law are excellent opportunities where the business can be marketed successfully.

How important do you think are internships for law graduates in order for them to bag prestigious careers? What are the qualities that you look out for in your prospective interns or employees?

It is always important to seek internships to successfully start your career but there are many unconventional choices and I would not be discouraged if an internship was not obtained immediately. In regards to qualities of internets or employees I think it is important that they come with an approach of willing to lean and are willing to roll up their sleeves and work.

What would be your words of advice for new graduates? What is your take sir, when it comes to choosing a specialization in law in early years of one’s career?

Take your time the right opportunity will appear. I myself didn’t want to do criminal law but grown to love the work. Be careful on specializing early you should really that first year to attempt course offerings before you make a decision.

Get in touch with Daniel Murphy-
- LinkedIn
March 22, 2023
Good and careful drafting can really make or break a case at times- Krishanu Barua, Advocate-on-Record, Supreme Court of India
This interview has been published by Priyanka Karwa and The SuperLawyer Team

Sir, please tell us about your decision to pursue law.

To be honest it wasn’t my first decision. Both of my parents being doctors, it was in my head since childhood that I would always grow up to be one. But in fact I was never fond of the sciences and it was not my forte. So, after my class 10 exams I joined a coaching institute prior to taking up science in class 11-12 and struggled massively. It was only then that I actually realised that I should not be taking this up out of sheer wishful thinking. Similarly, commerce was out of the equation because I hated numbers and wanted nothing to do with it. Studying the arts and language was something I actually enjoyed but never gave much real thought about pursuing. It was then that my grandfather, who was a Senior Advocate of the Guwahati High Court, suggested going ahead with studying arts and then law. So for me it was less of a decision to pursue law initially and more of a trial and error situation which eventually led me to it.

We would like to hear about the struggles you faced during your initial years.

After graduating from Bangalore University in 2013, I immediately got my one year LLM, so I started my career a year later in 2014. I moved to Delhi and was referred to the chamber of a Central Govt. Standing Counsel of the Delhi High Court. I was specifically taken on to handle and assist the Govt. cases which ranged from Writs, LPAs, PMLA appeals, 482 CrPC etc. So it was a very challenging start and one where there was very little money and a lot of workload. Whatever I earned was spent on travelling from my home to Court to the chamber and vice versa. I am among the lucky ones in litigation to have had the financial support of my parents for a longer duration to be able to sustain myself then. If you do not have the financial wherewithal at the formative years, litigation is tough to sustain and more so in the metros like Delhi, Mumbai, Bangalore etc.

What qualities do you think one must keep in mind while drafting?

In my case, because I was only doing Govt. work for close to three years after starting my career, my drafting also reflected the same lethargy. It wasn’t my best work and certainly wasn’t my most dedicated because that same uninterested attitude sets in. So in 2017, I moved on and joined the office of one of the most distinguished AORs of the Supreme Court, as he then was and now a Senior Advocate designated by the Supreme Court, Mr. Anupam Lal Das. It was there that the nuances of good drafting were inculcated in me. The first quality is to go through your case papers minutely so that you have every last detail needed to draft. The second would be to structure your draft in a proper sequence and not in a haphazard manner so that it makes perfect sense. Also, it should be crisp and to the point and should not go on and on repeating, so as to fill out more pages. The third would be using simple language and most importantly, a very respectful tone and tenor. It should not come across as rash and aggressive towards the Courts. Good and careful drafting can really make or break a case at times.

How would you explain the importance of legal research?

Everyday various judgments are passed by the High Courts or the Supreme Court on numerous issues. They are diligently uploaded or extracted on blogs, legal websites, twitter etc almost immediately. Everyone should make use of these forums and keep themselves abreast of any new developments in the field. Moreover, our profession is such that 9 times out of 10 there would be a legal precedent in favour of one of the parties to litigation. Either you research to use these judgments in your favour or atleast be aware of any against you to avoid embarrassment in Court. Almost any and every case is supplemented by precedents and research is absolutely essential and might I say, very easy in today’s day and age to be on top of.

What tips would you like to give to the legal professionals who want to appear for the AOR examination?

Though it may seem very daunting, if you actually practice regularly before the Supreme Court then it becomes much less so. The first paper is literally Practice and Procedure of the Supreme Court and your everyday practice makes you ready for a majority of the questions asked, apart from the few theoretical aspects. Second is drafting, which can again be tackled if you do practice in the Supreme Court. Though the most common drafts used are SLPs, Civil/Criminal Appeals and Transfer Petitions etc. certain drafts are a little technical and need to be properly looked at like Original Suits, Section 11 petitions, Article 32 Writs etc. For your Professional Ethics paper, going through the Advocates Act, 1961 and the Bar Council of India Rules are a must. Literature on ethics is provided and there is a wide collection available online to go through. The last is Leading Cases, which pertains to the landmark judgments of the Supreme Court and are updated every exam. Though a booklet is provided to the candidates during the exam, containing the headnotes of every case in the list, it is impossible to cull out the importance or the ratio of these judgments without atleast once reading of them all. Just go through them in your free time and it will help immensely.

Please tell us about that one case you have learnt the most from.

There are a couple in which I really invested myself. (2018) 2 SCC 298 Orissa Lift Irrigation Corp. Ltd. was a case in which the Supreme Court cancelled the engineering degrees of various colleges on the ground of being though distant learning mode after about 10 years of graduation. Most of the people were now settled in their jobs/careers for years and suddenly their degrees are voided. I assisted Mr. Das for a lot of such students who approached us and we sought modification from the Court. Though we ultimately lost we did put in a lot of effort in this case because we truly believed they had been left high and dry. Another was (2023) 1 SCC 463 Kirloskar Bros. Ltd which pertained to the issue of permitting contract labour and employer-employee relationship and the Supreme Court passed judgment in our favour in view of the settled position of law. I learnt a lot about the legal issues governing the CLRA Act, 1970.

Coming towards the end of this conversation, please enlighten our audience about the most valuable lesson you have learnt so far.

I think I am still learning as I am about to start only my 10^th year in the profession, which as you’re aware is a novice in litigation. However, one thing I have learnt is that you win some cases and you lose some but what you shouldn’t do is become attached to them. Don’t take your losses to heart as long as you’ve provided the Client with your best assistance. It is imperative that you learn to let go. Always read up on your case before stepping inside a Courtroom for even a Passover. You never know when it turns into your day to step up.

Get in touch with Krishanu Barua-
- LinkedIn
March 21, 2023
“Being kind and humane to your colleagues is not only a great attribute but also a much-needed trait in a profession which sees severe stresses, short deadlines, and complexly contentious issues”- Sukrit R Kapoor, Partner at King Stubb & Kasiva, Advocates and Attorneys
This interview has been published by Priyanka Karwa and The SuperLawyer Team

As a conversation starter, please tell us about how you ended up pursuing law as a career?

I used to identify myself as an accidental lawyer, but with over a decade behind me since law school I am confident that I was meant to do law. It was through some family friends’ recommendations and guidance from a career counsellor that I ended up prepping for law school entrance exams in the pre-CLAT era and thankfully I landed up at GNLU, Gandhinagar.

Although my earlier aspirations were to pursue accountancy (largely attributable to my having been brought up in Gujarat where pursuing CA has been a perpetual trend) I realised shortly after graduating from GNLU in 2011 that my natural acumen is much better suited for practicing law.

Could you please tell us about the challenges that you faced when you switched to practicing law in India?

So after spending a few years abroad and working with international organizations I realized that I did not want to limit myself to a particular area or a particular court. I figured my ability to crack a regulatory or legal framework in a short span of time worked equally well a variety of practice areas.

With this the natural step was to transition to practicing law. The biggest challenges were making decisions, being to either practice in Delhi or elsewhere, sticking to chamber practice or moving towards consulting.

In the present day I identify myself as a legal strategist and consultant focusing on corporate and commercial disputes. Dabbling in various avenues of practice and gaining a perspective on where I am best suited was the prime challenge and I hope it continues to remain one as a constant growth curve leads one to redefining their position of contribution.

What according to you are the key drawbacks in the current legal and disputes landscape in India?

I think this question is better suited for a thesis. But just at the top of my head, while since Covid we have seen a much welcome transition towards adoption of technology by the Indian judiciary, the impetus must continue to bring further transparency and swiftness in the disputes landscape.

Another challenge that I realise is the disparity in the pay structure for young lawyers, and I partly hold law schools responsible for this. See, a medical school is very closely attached to a hospital where a medical student deals with the rigours of practicalities in an operation theatre or a ward and emergency. However, law schools due to multifarious reasons have the ability to offer mostly theoretical knowledge. A young lawyer even from the best of law schools may not be able to appreciate the nuances of drafting even a basic affidavit from day one; whereas it is rather standard to expect a MBBS to perform stitches on a patient even prior to their graduation.

While internships may offer some bit of exposure, not every internship will turn out to be as equally rewarding in terms of learning. Combining research acumen with a pragmatic approach will help increase the preparedness for young lawyers.

What difference do you see between the legal education system abroad and the one in India?

Speaking from my experience of having pursued a LLM in UK, one of the key differences is the method of pedagogy. Law schools in UK are a lot better equipped for seminar-based interactions whereas courses at Indian law schools are still largely structured around lectures.

Additionally, the method of taking exams is also significantly different as UK law schools assess their students through take home exams which hone their research and legal writing abilities significantly.

What keeps you motivated at work?

Thankfully many things.

I have the constant urge to know answers to my clients’ questions before they ask them and presenting the way forward. I believe that’s the very foundation of expectations of a an in-house counsel from an external counsel and more so when concerning disputes and litigations.

Along with this I have the support of a great team (both mentors and colleagues) at King Stubb & Kasiva which only multiplies my motivation.

Given a hectic schedule, please tell us about how you spend your time off.

Over the years my definition of time off has changed significantly. As a disputes counsel one really needs to shed the ideas of weekends, etc., as that’s when a lot of work actually takes place in terms of briefing conferences, arbitration proceedings and mediations.

While a lot of people highlight the adversities of glorifying long working hours and I do partly agree, balancing the time with a huge chunk falling in favour of spending time doing law is the requirement for any counsel who seeks to add value.

During the time I am not doing law, I tend to interact and catching up with family and friends, planning for travels and travelling, reading and some bit of occasional kite-flying.

Lastly, please tell our audience about the lesson you have learnt the hard way.

Being kind and humane to your colleagues is not only a great attribute but also a much-needed trait in a profession which sees severe stresses, short deadlines, and complexly contentious issues.

A lot of people may say that one should be patient but not many can explain how to achieve it. Patience is actually a great quality for a disputes counsel, and this requires putting in a lot of work to have complete clarity.

Get in touch with Sukrit R Kapoor-
- LinkedIn
March 20, 2023
“Having been able to positively make a difference in people’s lives, I felt very good”- Shlok Chandra, Managing Partner at Chandra Law Chambers
This interview has been published by Priyanka Karwa and The SuperLawyer Team

Sir, please tell us your motivation behind pursuing law.

Till about class X, there was no real thought about life post school. But yes, somewhere in class XI I started thinking of appearing for the entrance exams for different National Law Schools. During class XI and XII, the focus was only on the board exams so I did not prepare during those two years. But for about 2 months after the board exams, I prepared and appeared for different exams. I got through most National Law Schools and joined the National Law School of India, University at Bangalore in 2003.

I come from a family of bureaucrats so the only introduction to the world of law was through an Uncle who was a Senior Advocate in those days. He had a flourishing practice so I was inspired by what I saw. The world of law looked glamorous and seemed the best out of the available options for me. The thought process also had the approval of my parents so it became a straight forward decision.

Please elucidate about your student life and how was it like to pursue law from the best law college in the country.

I studied at the Doon School, Dehradun. It was a great phase of my life where I made some of my closest friends. The school starts in class VII and is an all-boys boarding school. There was a lot of focus on sports, extra-curricular activities, fitness, and personality development. The life lessons learnt in my years at Doon have been invaluable.

I joined NLSIU, Bangalore in 2003. This is again a phase of life I look back at with great fondness. Having been at the top of my class in school I found myself in the middle of my class in terms of academic performance. This took some time to sink in. I made some great life-long friends at NLS, Bangalore. I had a regular college phase: studies, sports, extra-curricular activities. A very regular and happy existence for 5 years.

I participated in two moots. I took the advice of a senior friend who had advised in jest that make sure the locations of the moots are good and you go as a speaker and not as a researcher. I represented the college in one moot in Goa and one in Pune. I also attended a Model United Nations in Canada. In hindsight, I did this just for the CV. I wrote 6 articles while in college and got them published in different legal journals, in hindsight all this was done with an ulterior motive of cv building rather than for the sheer academic joy of publishing an article-this was not right.

I did different internships: AMSS, Justice Manmohan (then an Advocate), Justice Jayant Nath (then an Advocate), Late Justice Valmiki Mehta (then an Advocate) etc. I got a pre-placement offer from AMSS in their policy team at the end of my 4^th year. However, I also got an offer from Boston Consulting Group, one of the top strategy consulting firms towards the middle of my 5^th year and I ended up accepting that.

You worked at AZB & Partners for 5.5 years in their M&A team and started litigation post that, how was that transition?

After 18 months of working with Boston Consulting Group as a strategy consultant, I consciously moved back to law. My stint at AZB & Partners was terrific. I learned all my basics of law there in terms of drafting, attention to detail, negotiation skills, appreciating the nuances of legal provisions etc. I worked in the team of Mr. Anil Kasturi who did mergers and acquisitions and incidentally was an alumnus of NLSIU, Bangalore (1996 batch). Working in a top tier firm taught me a lot in terms of professionalism, turn around times, thoroughness, etc. During my time at AZB & Partners the size of firm was not what it is today. Thanks to Mr. Kasturi I got to work for marquee clients like Warburg Pincus and Bain Capital. The experience I gained I am sure is continuing to help me today. The working environment was very congenial and it was common to have friends across teams.

Apart from the work, I also played many cricket matches for AZB & Partners, I used to open the batting and bowling. In one of the years we even won the SILF Tournament which is an inter-firm cricket tournament.

At the beginning of 2015, I was beginning to have a realization that I wanted to transition to litigation. I was quite vocal with my friends at AZB that this step was on my mind. The next big conundrum was which senior to start my litigation journey with. Mr. Percy Bilimoria, a senior partner at AZB in those days, introduced me to Mr. Darpan Wadhwa. I worked at the Chamber of Mr. Darpan Wadhwa for 18 months. It was an uphill learning curve because I was not well versed with litigation procedures. We were a small team of 3 Associates and I learnt a lot in those 18 months. Mr. Wadhwa was nice enough to let us do our own cases while we worked in his chamber. After this 18 month stint, I started my own litigation chamber. In hindsight, this was perhaps the one phase of my life where I was not a good junior. I was somewhat in a hurry to start on my own. It was a little unfair to my senior Mr. Wadhwa who was too kind and generous to tolerate it.

After going independent, I got empanelled with DDA and South Delhi Municipal Corporation. I started handling cases on a regular basis for these entities. Subsequently, I also started handling cases for NHAI, GAIL, ESIC, EPFO etc. Through word of mouth I started getting private clients as well. The growth was not rapid but the upward curve was sufficient to feel that my career move was justified.

Our audience would like to know about that one case which you can never forget.

In my early years of litigation, I had a young man walk into my office who was apprehensive that his father in law would kill his wife since they had just eloped against the wishes of her parents and a few hours back her father had taken her away. We filed a petition for Habeas Corpus [Vikrant v. GNCTD & Ors] before the Division Bench of Justice Sistani and Justice Vinod Goel seeking urgent relief. The court listed the petition the very same day and directions were passed to the SHO of the concerned area to bring the newlywed wife to court along with her father. Despite some counselling from the judges the father was not willing to relent. The court finally directed that there should be no interference in the marital life of the couple from the girl’s family. A few days later the boy invited me to his small marriage reception. There, many of their relatives came and thanked me and some even touched my feet. I had never seen this sort of reactions from a client before. Having been able to positively make a difference in people’s lives, I felt very good. There have been other cases with great financial consequences but in my eyes, they pale in comparison.

How has your experience been of working with the Income Tax Department?

I became a Standing Counsel with the Income Tax Department in November, 2019. I had never really done too much direct tax before. Being a first generation lawyer I wanted to gain expertise in a niche area of law. I handle cases at the Delhi High Court, NCLT and NCLAT. Last 3.5 years have truly been an eye opening experience. Justice Shakdher currently heads the tax Division Bench. He is someone I look upto as a mentor so appearing before him on a daily basis really gives me great happiness. Learning and mastering the nuances of direct tax has really been a pleasurable experience. I really recommend all young lawyers to keep an open mind about taxation law. It’s an acquired taste but something that can be enjoyable once you get comfortable with it. Further, after handling income tax briefs when one picks up a civil-commercial law brief it seems like a breeze.

I have recently applied to become the Senior Standing Counsel of Income Tax Department. If that comes through, there will be more responsibility given to me.

You were involved in the process of amending the Constitution of the Indian Olympic Association, how was that experience?

In September, 2022 the Supreme Court had appointed Justice L. Nageswara Rao with the task of amending the Constitution of the Indian Olympic Association, finalizing the electoral college, and conducting the elections for the Indian Olympic Association. It was an honour to be a part of a very small 2 member team set up by Justice Rao to assist him in this task. I got to work with a man of his caliber very closely on almost a daily basis. The learning I got from this experience will stay with me all my life. Most importantly, I gained a mentor.

The elections have been successfully conducted and the new team of Executive Council Members have taken over. For the first time an athlete Ms. PT Usha is the President of the Indian Olympic Association. My association with IOA is continuing even after completion of the task assigned, I am now a member of IOA’s POSH Committee upto 2026. We are dealing with a few cases and I hope I will continue to discharge my duties to the best of my abilities without fear or favor.

Which are the forums that you work in regularly?

I work most regularly in the Delhi High Court, Supreme Court, NCLT, and APTEL. I handle cases for the Union of India at the Supreme Court where my task is to brief the AG, SG, and ASGs on the cases assigned to me. In the High Court, I am the Standing Counsel for ESIC and Income Tax Department. In APTEL I appear for a few State Electricity Regulatory Commissions. Along with appearing for government clients I also appear for private clients across forums. It is important to have a healthy mix of private and government work and over dependence on one stream of work especially government work is not ideal in the long run.

In order to end this conversation, would you like to give any piece of advice to our audience?

The one issue I am sure youngsters face is the financial struggle in the initial years. There is no sugar coating the fact that second generation lawyers starting out in Delhi and even first generation lawyers with families staying in Delhi have a head start. Having to pay rent and fend for yourself in terms of food etc in the initial years is a challenge no doubt. This is why there is to some extent an entry barrier to litigation and people from good law colleges used to prefer joining corporate law firms but I see this changing. Even the top ranked students are willing to give litigation a shot.

Overall the qualities of hard work and sincerity are the most important ones. As a junior lawyer you must always be well prepared, you never know when the judge will call upon you to assist the bench. Opportunities come your way in this profession when you are not expecting them. Someone who keeps his head down and prepares for each case diligently will eventually start to stand out from the crowd.

Lastly, it is best not to compare yourself with anyone else. There will be people who seem to be ahead of you but their starting points were different. It is best to focus on one’s own journey and take pride in one’s own journey and preserve one’s reputation. It always helps to have a few mentors in your mind whom you have worked with or been associated with. In difficult times, it’s best to ask yourself how they would have dealt with the particular issue/conundrum. This, in my experience helps navigating difficult /tricky phases and issues. Lastly, honesty and integrity will never go out of fashion.

Get in touch with Shlok Chandra-
- LinkedIn
March 20, 2023
“Law firms are not be all and end all for a law graduate – there are a lot of career choices you can adopt”- Somdutta Bhattacharyya,Partner at Argus Partners
This interview has been published by Priyanka Karwa and The SuperLawyer Team

Tell us what inclined you to pursue law as a profession?

Well there is no inspiring story here unfortunately. I did choose science as my study stream for my plus two boards, but that was because my parents initially wanted me to become a doctor. Law happened pretty accidentally actually! It was more like law chose me. My uncle, who is a lawyer at the Calcutta High Court, told me at that time of the emergence of the national law schools across the country and the bright, young graduates these institutions were producing and suggested I should try taking the exams for these law schools. I only took the exam for WBNUJS, Kolkata (ours was the last batch who took individual law school exams instead of the CLAT) after preparing for about a month. The results came out about two weeks before the boards and I was very happy to find that I had gotten through. I decided that this was what I was going to pursue and make a career out of. And that is how it happened.

Do you have any mentors so far that helped you so far in this journey, and how far do you consider the role of mentors crucial in the industry?

Yes of course. You cannot grow as a professional in the legal industry (or for that matter any industry) without the help of your mentors. A good mentor will teach you so much especially as a litigating lawyer – the art of a good draft, how much to say and what not to say in Court, how to strategize a matter etc. Whatever little I am today I am because of some excellent mentors I have had in the industry.

Why does Corporate law attract so much attention? What makes it so unique?

Well it would be easy to say that it attracts the attention of young graduates because of the money on offer, but that would be a shallow perspective. If you do not like and enjoy what you do on a daily basis, you will not stick around or grow, no matter the money on offer. This is why you see attrition rates are so high in the bigger law firms. However, if you like what you do, then the sky is the limit. Speaking personally, as a Disputes lawyer, I love the challenges of my job day in and day out. I have to keep our clients happy and they must feel comfortable to repose their trust in their high stakes, valuable matters in me. I have to advise them correctly, guide them down the right path, put every ounce of research and knowledge into these matters so that their chances of success are enhanced and they know that they are in safe hands – it is a challenge I am up for every day of the week.

How do you manage your time schedule on a daily basis and what drives you to be consistent?

I would not lie, law firm life can be pretty demanding – whether you are an A-1 level associate or a partner, every day brings its own challenges which consume most of your time. I have varied interests apart from law – I love reading fiction, watching sports especially football, spending time with my family and my dog. While most of my time is taken up by my work, I ensure that at the end of the day (no matter how late it is) I am taking an hour or two out to do these things I love – read a bit, maybe watch a film or a game of football, take the dog out for a walk, maybe go for a run or a long drive sometimes. It rejuvenates me and helps me face the next day with the same enthusiasm again.

What differences have you noticed in international arbitration and national arbitration, I mean what’s more challenging amongst both?

Both bring their own challenges to be honest. In an international arbitration, you are bound by the procedure of the institution under whose aegis the arbitration is happening – SIAC, ICC, LCIA etc. and the procedure is much more streamlined as opposed to domestic ad hoc arbitrations. Also, in international arbitrations you often have to work in close collaboration with foreign lawyers or law firms, and therefore seamless execution of the work can be a challenge as well as a learning experience at the same time. On the other hand, in domestic arbitrations, especially ad hoc ones, arbitrators adopt their own procedures and therefore the same may be different from one arbitration to another, and you are constantly adapting as a lawyer to make the best case for your client. However, arbitration in India has been developing at a fast rate, and amendments to the statute in 2015 and 2019 have ensured shortening of timelines and streamlining of overall procedure, and I believe the future of arbitration in India is very bright.

Do you believe that AI will lead to data breach and violation of privacy, if yes, how can it be mitigated?

I am not a data privacy lawyer and therefore I am ill-equipped to answer this question. My opinions on AI and data breach are based on what I have read in popular media, and I do not want to adopt a conspiratorial tone for your readers without in-depth familiarity with the issue myself.

Few tips for our readers that helped you as well in this journey?

First of all, you must decide what you want to do. Law firms are not be all and end all for a law graduate – there are a lot of career choices you can adopt – you can be a corporate lawyer, a litigating lawyer, an independent practitioner, an academic or venture into public policy. Do not follow the herd- look into your heart and see what you really want. As I said before, if you are not finding what you are doing everyday exciting or challenging, there is no point doing it. Also, no matter which path you choose, there is only one mantra of success for all of them – read. You have to read constantly as a lawyer, you have to keep updating yourself. Law evolves constantly, you can never be a good lawyer if you are not evolving with the law as well. That would be my two pennies for your readers.

Get in touch with Somdutta Bhattacharyya-
- LinkedIn
March 17, 2023
The profession has given me so much and so much more, because of which I now firmly believe that our litigation practice truly makes you younger and braver and the more you practice, the more you learn new things- Rajdeep Lahiri, Advocate on Record
This interview has been published by Priyanka Karwa and The SuperLawyer Team

To start the conversation, please tell us what motivated you to pursue law as
a career.

Well, initially I was never inclined towards the practice of law, and rather was more interested to work in companies and become an In-House practitioner. Being a 3rd Generation legal professional, I knew the battle ahead to stay in the game. Plus I was [still am] an athlete and played a lot of professional matches, so time had to be matched equally between career and sports.
Kolkata is where I was born and raised, hence, arguing and negotiating came quite naturally to me, much like all legal professionals from the city. Quite early on I was introduced to the world of litigation, policy brutalities, burgeoning stress of drafting, long hours of excruciating patience, hopping Court to Court, etc. as I used to accompany my mother and grand-father, who were a noted law practitioners in Kolkata.
I would say that the experience was there [and it was surreal], which is fundamentally why I wanted to avoid it!
However, with my abrupt migration to Mumbai in the year 2013, I swept my entire time and energy into commercial litigation and thereon, I never really
looked back, so really the motivation never came early on, but rather stuck with me as I started litigation in Mumbai.

Sir, you have completed a decade of practice in law. Has the profession given you what you expected out of it?

Yes, indeed so. I have completed my graduation in the year 2012, then passing the AIBE in the year 2013, so it’s been more than a decade into the field.
It has made me to travel across the country, representing disputes in their strangest and malignant forms, meeting a diverse group of people, charter me into international disputes and place me as an International Arbitrator and so much more.
I never expected to have so much exposure to disputes when I was merely an angry young student of law, deeply involved in politics, sports and students’ movement in Kolkata.
Quite candidly, I never wanted to be so involved too! The profession has given me so much and so much more, because of which I now firmly believe that our litigation practice truly makes you younger and braver and the more you practice, the more you learn new things.

Our readers would like to know about your areas of practice and your interests over the last 10 years of law practice.

I come from a generation of lawyers, politicians, and bureaucrats, so criminal law came quite naturally to me as I was fairly accustomed to the nuances of investigation and arrests.
However, I started off with Winding Up matters under the Companies Act, 1956 [now repealed] and similar commercial disputes. Arbitration sounded
fancy at the time and gave my hand on couple of ADR matters initially.
But since being in the chambers of my Senior, who is a full practice litigation professional, it got me experienced in a host of matters, ranging from
Municipality disputes, cheque dishonour, Suits, complaints, divorce, testamentary and what not!
Being involved in so many types of litigation opened a Pandoras Box for me, unleashing the opportunity to at least master the practice and procedure [if not the law].
Over time, I got involved in various other types of matters, involving labour disputes, cyber-crime, bails and trials, Penal sections, Admiralty, IPR, NCLT
and IBC, etc. making me go places and expose myself to a varied gravy of matters.
I keep one thing in mind, the basics of dispute is always the same and the principles to resolve any dispute is never complicated. Its more logic and
reasoned.

What is a Career in Alternative Dispute Resolution like, especially from an
international perspective?

ADR is the future. The facts speak for themselves. There is an indiscriminatory rise in litigation before various Courts and this
exponential rise in matters, casts an unbearable burden on not only the Judges, but the Advocates, Prosecutors, Pleaders, clerks and the entire system along with it.
We all have knowledge of ADR in Matrimonial disputes, and further it being
introduced in the form of ‘Compulsory Mediation’ in Commercial Matters, however, if understood smartly, ADR can be used the same way as litigation, which is commonly used by almost all International Institutions as an effective method to conclude the disputes, by arriving at amicable settlements and charging for the same at pre-determined rates.
The additional skill sets which will be needed are the necessary tools for effective research, razor sharp strategy and persuasive negotiation skills to effectively resolve disputes.
I have clients wanting to end disputes, not win a matter for it to be overturned in Appeal, so I suppose ADR is the way forward and now with the extensive advent of technology, practice has never been more convenient and organized.

Could you please tell us about the personal and professional challenges you
encountered over the years, up until you established your own firm and
thereafter?

Well, it has always been pretty much hard work and putting in the hours of work towards it.
I have always focused on positives and rarely been idle till date. I have constantly been on the move, shifting focuses and building experiences around disputes and people.
There have been insurmountable challenges that I have faced along the way, but we always move forth, right? We all do. Professionally, I have worked with Counsels, Advocates and in a noted law firm, and from every such entities, I have developed various skills. Skills in people management, little bit psychology, legal strategy, learning the procedures, knowing more laws, defining my own argument style, knowing when to shut up and sit [or walk away], as I always preach everyone, law is common and everyone is expected to know, what matters is how to interpret it and to whom the same is being interpreted to. One must definitely know how to read the mind of another individual and be aware of the basics of psychology.
Once I was convinced that I could finally walk on my own, I took the leap, almost impromptu and here I am, better by the day.

How do You see the development of Alternate Dispute Resolution methods over the coming years?

I foresee a complete overhaul of the existing system to place litigation in a symbiotic relationship with technology and a consequent yet systematic development of the entire ADR regime.
Legal professionals will be more adapted to resolve disputes, either through Courts, which mandates the compulsory ADR process, via ADR Institutions or by Advocates engaging with the disputing parties to mediate and negotiate the disputes.
In my years of experience, it is only recently that I have come across parties that are mediating and settling disputes, only through effective negotiations, at the final hearing stages, thus saving enormous stress on the entire system and its [breaking] parts!
Final Resolution of disputes would mean an end to the dispute and by the look of it, who would not want to develop it? So as I see it, ADR will play a prominent role in the adjudication of disputes of all nature, without exceptions.

There are many certifications, like the one given by CIArb (Chartered Institute of Arbitrators) to take up Arbitration as a career. Do you think taking such certifications helps along with practice?

Education and being educated, are very different. For example, no one teaches you litigation, but you get educated along the way and educate yourself about the nuances of litigation and its practice.
Similarly, you need to have life experiences to effectively negotiate and mediate. The purpose of any course is to have the empirical knowledge and discuss established principles, which is to be borne in mind when eventually resolving disputes.
While I believe that by undergoing certification courses [an uncountable number done myself!] definitely aids you, it very important to have a sense of direction in what ones to do, else the certifications shall be only used to cover office walls.
Think deep, in our profession, life experiences take the first preference. Then the education.
ADR Institutions are having internationally acclaimed Trainers and Professors, hence, you will get first-hand experience in international disputes and scenarios. So yes, it will definitely help in some way.

Lastly, what would be your advice for the fresh law graduates who are
looking forward to opt for ADR?

Put in the long hours. Dedicate yourself to a routine. Read the laws. Go to the roots of the laws on ADR and get enrolled with ADR Institutions and Advocates practicing ADR to have first-hand knowledge and being conceived with the nuances of practice and procedure.
But be advised, ADR will outgrow and creep into all litigation domains, so it is very important and wise to practice all domains of law, keeping ADR as its base.
Lastly, you break the walls down and you keep creating standards!

Get in touch with Rajdeep Lahiri
- LinkedIn
March 10, 2023
“Every case brings a lot of challenges and to bring relief to the client is a most challenging assignment for any lawyer”-Senior Advocate Manish Vashisht
This interview has been published by Priyanka Karwa and The SuperLawyer Team

Sir, in order to start our conversation, kindly let us know about your decision to pursue law as a career.

Even though you have asked me about my “decision” about choosing law as a career, however, it is my firm belief that there is nothing which we decide to do but destiny plays an important role in what we do! Coming back to your question I may say that ;

I decided to pursue law while I was in my first year of graduation in the year 1991. I did my graduation from the Govt Arts and commerce College Indore. My father initially wanted me to become an engineer but I was fond of reading and writing . Maths and physics were not my cup of tea. Sociology, Political Science and History were my forte . Studying about society and political system enhanced my skills in analysing various aspects of human behaviour. In depth study of the subjects helped me in clearing the entrance examination of law course of Delhi university in 1994 . I completed my law course in 1997 and thereafter joined the chamber of Mr LR Gupta, senior Advocate who was a distinguished civil lawyer . That’s the initial journey of my life which started in 1974 , followed by my admission in Bal Bharti Public school.

Being a senior Advocate, how would you explain the changes which have taken place in our judicial system over the time and if any, kindly express your views upon the same.

Our judicial system is indeed a dynamic one . When I started my career in 1998 a system was placed for the new entrants to complete a six months training programme , for those who wanted to appear for judicial services they were required to undergo a couple of years of training under an advocate. Gradually these programmes were changed. Many people would have different opinions on the practices and the systems which were in place but my personal opinion is that training under the lawyers was a good initiative. It is indeed very necessary to understand and to become acquainted with the working process before one starts his or her career as an advocate or a judge . Judicial academies have been set up in the country and the training which is imparted now is one of the best . Young judges meet many legal experts and jurists as a part of their training. I have traveled and have appeared before many courts in India . Undoubtedly the courts and Tribunals in Delhi have an edge in comparison to other courts in different states of India but we all have noticed that due to infuse of technology justice dispensation is becoming quick and easy. I am sure in next couple of years we shall all see many a new innovations being introduced with an objective to ease the grant of justice to those who approach courts for redressal of their problems and grievances.

Sir we would like to know about that one case you can never forget.

It’s indeed very difficult to answer which case is difficult to forget . Every case brings a lot of challenges and to bring relief to the client is a most challenging assignment for any lawyer . I have appeared for clients while representing their cause in different areas of law. Yet I remember that I was able to secure an acquittal of an engineer somewhere in the year 2014 who was convicted of murder by the sessions court by misreading of the factual aspects and erroneous application of legal provisions and the evidence. The young man had to undergo rigorous imprisonment for a period of seven years even though charges could hardly be proved against him . False evidence was created and witnesses were planted against him . That is certainly a case I remember .

Kindly throw some light upon your initial days as a young lawyers and the challenges faced by you.

Initial years were full of learning and hard work. My father late Shri Inder Kumar Sharma played a huge role in my success . He was a learned man who excelled in the field of administration but he always remained humble and treated everyone with affection and kindness. This character is extremely essential for anyone to become a successful person. I have always tried to follow the traits of my father. I was extremely lucky during my early years of practice to have worked with some fine senior lawyers . I learnt a lot from them for which I shall ever be greatfull . I fondly remember my senior Mr LR Gupta who was extremely kind to me and always blessed me .

Please tell our viewers about your daily routine which helps you maintain the work life balance.

My routine includes a brisk walk / cycling for around an hour . Fit mind is very essential for any professional. One must spend time with nature. I also make it a point to have a sound sleep for atleast 6 hours a day. Rest of the time must be spent in preparing cases , reading newspaper and to keep yourself updated. I read and note in my register important cases and I am maintaining this habit of writing since the year 2000.

Sir, while looking at your profile we read your article named “Unfounded prejudices shouldn’t be allowed to damage independence and esteem of the judiciary”, please tell our audience about the same.

The article was written by me not to defend someone or to accuse someone . The same reflected my point of view which is clear from the reading of the article itself . I can’t add anything to it except to say that normal human conduct and human nature gives a clear indication of many a facets of life and turn of events .

Lastly, any advice you would give to the professionals in the legal field?

The youngsters are smart and intelligent. They think better than us and have many new ways to approach towards a problem for an effective solution. The legal profession is such that it keeps one mind active. I will just like to add that any young lawyer who wants to join the litigation must remember few things to start with . Work with a good lawyer for at least 2-3 years . This period is sufficient to understand the procedures of courts. Develop good habit of listening. It adds to your advantage and many a times a good listener will be in a better position to answer the questions which may be posed by the judges. Respect your seniors and learn from your colleagues who appear for the opposite side . Never loose heart if you loose a case . No one can win hundred percent and therefore no one can loose constantly. Develop the habit of reading . Read files carefully. Read at least one or two reported judgments daily and try to keep a note of those . Never run after money . Since we all are lucky to be in an intelligent profession with time finances are never a concern . Behave properly and dress up smartly. The judges takes a note of appearance also. One should always be smartly dressed. While appearing in a matter with your senior colleague ask him / her questions which may come to your mind well before the hearing . This will make your senior glad as well and it goes without saying you will win a case for the client.

Get in touch with Manish Vashisht
- LinkedIn
March 6, 2023