The opinions and views expressed are that of the author and bears no responsibility whatsoever. The thoughts shared are for general informational purposes and should not be construed as any official advisory.
Was pursuing law planned or did it all happen by chance?
Enrolling for a law degree has not happened accidently. It was an unplanned decision, but if I look back, it gives me jitters that what if the sudden decision has not been formulated.
What can be some of the toughest considerations while someone from a non-legal background has to see before opting law as a career? –
I feel opting law as career will help to build and to decide aim in life, setting up of goal, ready to endure the hardship in starting phase of the career, building interpersonal skills and financial stability till the career is stabilized.
As the industry is going through massive changes right now and recent developments, can we expect new opportunities in the compliance sector?
Yes, with the increase of digitalization, cyber networking and easy cross border transactions, the role of compliance officer will go beyond the routine regulatory matters. We also have to take in to the account that the way Regulators are penalizing companies for non-compliance, the cost of non-compliance would be more than the cost of compliance. There is a lot more efficiency coming into the system, as you note that all the regulators are evolving by adopting the latest technologies like artificial intelligence, machine learning, block chain processes to help improve their control/system.
What all tasks have to be executed being a compliance specialist?
Compliance Specialist are responsible for ensuring that all corporate processes and procedures comply with the law, and not only the law — a Compliance Specialist/Officer is also responsible for ensuring that company operations comply with internal standards too.
When an inspection is bound to happen, one needs to be quite versed with the recent changes and happenings in the industry, how do you manage all that stuff Mantra?
By not waiting for end moments, a lawyer needs to be well versed with the new changes and amendments, they have to keep themselves updated constantly.
Do you think the role of AI can further increase the compliance burden?
No, rather I feel that it will help to focus on strategy and mitigating the risk. Software applications that integrate AI can increase the efficiency and effectiveness of regulatory compliance programs. AI is carving out a growing niche in regulatory compliance because AI and Machine Learning (ML) applications address common challenges and systematic issues that compliance officers face every day.
So far we’ve seen lawyers not focusing on their mental health because of work pressure and tight deadlines. Please shed some light on this issue, any tips that can make the situation better?
Encountering stress is inevitable in the legal profession. But the way you handle it can make a big difference in how stress impacts your career, health, and emotional well-being. You should mitigate your stress by opting these strategies: Keep stress in check, set goals, make time for loved ones, know your limits and draw boundaries.
Lastly, any advice for our readers? –
These days there are multiple career options for the law graduates.
You may opt to establish social justice / may opt to defend those who can’t protect themselves by being a practicing lawyer, in house consultants for corporates, financial corporations etc, some may fulfil their dream of working for a large international law firm and make a good money.
In any case, lawyers have the unique privilege of upholding the rule of law and championing for the public good. In my view, every person should learn the basic law to understand their basic right.
Was law planned or it all happened all of a sudden that you thought of pursuing law one day?
It was not at all planned. After completing MBA in Finance, I thought of studying further and that is when my father influenced me take a plunge in the field of law. Even then it was more of an academic interest and not as a career option, as I hail from a business family, I never thought that I would want to become a first-generation lawyer. It was only after I attended few classes in my very first semester, the love for the subject kindled.
There afterwards, I was very regular to Law College, but then again it was only an academic interest. Law as a career came to me only when I was attracted and exposed to the Law Firm culture and the kind of work, the modern day Law Firm undertakes. The thrill of working on big ticket matters with intense brainstorming fascinated me and that is when I joined one of the most reputed Law Firms of the Country.
How has been the journey so far and what challenges have you faced, maybe any tips that you feel now would be on point to deal with such situations?
Journey as a first generation lawyer has been quite tough yet exciting. Working as the junior most person on the floor to heading a branching office of a Firm has been an overwhelming and enriching experience.
The hurdles on the path of this journey, firstly required the change of mindset, from being a self-employed person wherein several employees were working under me to a situation wherein I, as a junior was expected to do everything, but that’s the fun. Challenging the normal and stepping out of the comfort zone is what is expected while climbing the ladder of growth and success.
However, initially with an uneasy pain in heart, my journey began. Of course, there have been days where I wanted to quit and return back to being an entrepreneur, but like a pillar of strength and motivation my family stood beside me and here I am today, enthusiastically climbing the ladder with more than eight years of experience and having an office of my own.
Hence, the ultimate challenge one faces is about the mindset. So, once you overcome the psychological fears and apprehensions, the battle is half won; the other half is just hard work and perseverance.
The craze for litigation among young law professionals is somewhere not like what it used to be before, what are your thoughts on the same?
The craze for litigation is immense among the young professionals, but when the earnings are compared with that of a Corporate-side of the legal field, litigation loses its shine. The nomadic generation craves for easy money and have no patience, whereas, litigation, is such a field where one must has to have an experience before the colour of money is seen. One must be willing to put in those long hours and hence constant efforts are required with or sometimes without or limited consideration. Yet, the market as well as demographics are slightly changing, disputes resolution is getting its shine back.
As the young advocates have learnt that in the long run even the litigation / disputes resolution is also fruitful, they are ready to take the plunge. In addition, the sheer pleasure of wearing a black gown, arguing before the Court of Law, etc., are such intangible feelings, which are worth experiencing once and if the said experience entails one to pursue such a career, the young generation is willing to explore the same.
According to me, law students must intern and make the most out of their time during the semester breaks and I say this, because, if a student is able to explore various avenues under the roof of law, they will be better equipped to take a sound decision for themselves. Let us also keep in mind that what may work for you, may not work for me and hence a student should enter the arena where she/ he feels that urge and passion to keep going.
Appearing before various law tribunals and forums needs extra effort, how do you plan your work to be super-efficient?
From the perspective of a Dispute Resolution Advocate, it’s is a tough task to undertake on daily basis, one must be well-versed with its matters when appearing before the Courts, must be active enough to shuffle between different courts, argue the matters, prepare for the matters scheduled the next day, do the drafting, meet the Clients, do business development, etc., on daily basis. Hence, burnout feelings are normal, long working hours are common, losing the enthusiasm is quite often, but perseverance is the key. Time management is one of the crucial skill one must possess in disputes resolution practise.
Once an advocate grows, so his team/ office and hence delegation becomes important. Some Clients may want you to be personally present on each hearing date and every Clients wants you to draft; while this may look normal initially, but as and when the practise grows, this becomes a challenge. People skills and management skills are must, apart from the requisite oratory and drafting skills, for one to become a successful litigation attorney.
Amir, do these legal tech tools have helped litigants so far in preparation of different documents or filing and what in the future would be challenges for lawyers in dealing with such tools?
Artificial Intelligence is a boon as well as a bane. We human have created the same to aid us but not to replace us. The tools which are available at the moment in the market are still in the nascent stage and a lot is required to be improved to ease the process of documentation/filing. But having said that, I totally vouch for technological advancements as at the end of the day, they are invented to ease the work load of us advocates with an intent to reduce the unnecessary wastage of time.
As far as challenges in adopting the technological advancements is concerned, Covid has taught us that we as professionals need to be nimble and adaptive. Technology is one such thing, which cannot be ignored and especially when such technology is created to aid you and eases one’s working, then why not?
What are some of the emerging trends in Insolvency and Bankruptcy Regime, and also please tell our audience the required skills to be a good NCLT practitioner?
It has been more than 6 years since we had Insolvency and Bankruptcy, Code, 2016 (IBC/ Code) and since then it has been undergoing several amendments every now and then. It is one such piece of legislation which has a long tenure of teething problems. But let us look at the same with another perspective, we now have a Code which is very much relevant to the present market condition. Though with some time-lag, it is still much better than the earlier regime. Tribunals, Courts as well as Parliament have intervened at various point of time in last 6 years to make the Code very much adaptive to the present market conditions.
From Corporate Insolvency Resolution Process of the Corporate Debtor entities to pre-pack insolvency regime, we have come a long way. Cross border is the next big thing in the offing. IBC is one such subject of law which is ever evolving and as advocates practicing in the said regime, we are required to be abreast with ever changing law and hence it not only becomes challenging but also extremely exciting to practise in such a regime. Being on the toes and learning on daily basis is very normal to the profession of law but under IBC, it becomes much more essential.
Now, coming to the question of skills required, I can say that being there at the court proceedings, reading and being aware of ever- changing provisions, including but not limited to the Code and its rules and regulations. Apart from these a good subscription to a proper web portal or a magazine exclusively for IBC is recommended. One must start practising or at least interning at the Office where predominantly IBC practise is undertaken, to gain first-hand knowledge of the subject.
Amir, our audience really wants to have that one advice for their careers in law, over to you!
Put in those hours, burn the midnight oil, work, work and work. Money is the by product. Get that experience on your back so that once the basics are right and roots are strong, the future is secured. I can tell from my experience, there are no short cuts, one needs to start working from grass root level and then climb up the ladder.
Accept the work which comes on your way, as either you will earn or you will learn and lose nothing.
– Amir Bavani
But all this can only be done only when you discover your passion towards your genre of law. Good Luck!
Atish, what motivated you or a bigger word, ‘inspired’ you to choose law as a career?
My choice of law as a career was pretty accidental. During my senior-secondary school, the study of Sociology inspired me significantly towards pursuing a career in the Sociology of Development. However, eventually studying the same for a short stint made me realise perhaps law would be an area I would rather enjoy studying and I eventually enrolled at Amity Law School, Kolkata as a part of their founding batch to pursue B.A., LL.B. (Hons.) specialising in Intellectual Property Laws.
What were some of the challenges that you were faced with in the beginning of your career, given you graduated in the year 2020?
While at law school I had always aspired to be a litigator given the conditioning to which I grew up and had made up my mind to join a prominent practitioner in Calcutta. However, as goes the common saying “Man proposes and God disposes” and that is perhaps what I was even encountered with. But, eventually I was fortunate to find feet and my journey with Mobile Premier League (MPL) as their Legal Counsel although challenging and diametrically opposite to my plan began and thereafter there has been no looking back.
I was fortunate to find an extremely supportive and encouraging team led by Mr. Dibyajyoti Mainak, Ms. Sreshtha Banerjee and Ms. Varsha Shivanagowda who have always been extremely supportive and encouraging which has gone a long way in helping me learn a lot and upskill myself thereby enabling me to contribute effectively to the organization.
While India is witnessing a start-up revolution, as a lawyer working for a start-up, what are some of the most pressing challenges in terms of intellectual property that are required to be addressed?
Yes, being a lawyer focussing on intellectual property related issues is challenging from the standpoint. Since business and its growth takes primacy in most start-ups issues such as those pertaining to safeguarding intellectual property are often kept at the back-burner or are only realised at later stages. Hence, we as an organization have always strived to be cognizant of this and have tried to remain proactive with our intellectual property portfolio and have taken active steps to ensure that our intellectual property is well guarded and ensured to seek adequate protection under the law by making timely filings, securing proprietorship over our usages.
As an in-house counsel, what are the roles and responsibilities that you need to undertake on a day to day basis?
My roles and responsibilities chiefly involve looking into the day to day contracts thereby ensuring business enablement as well as working towards the company’s IP portfolio, inter-alia, filing for new trademarks, copyrights, conducting IP assessments, assessment for new games and advising on potential patent applications. Apart from these, an in-house role always and especially in a set-up like ours allows you to explore newer arenas which is something that is extremely unique and challenging but goes a significantly long way in making you delve into different and nuanced areas which we would perhaps never explore in the general parlance.
While you work as an in-house counsel, you are often expected to understand the business needs alongside the law. What is the roadmap that you follow in order to achieve clarity on how the business and the law interact with one another?
As an in-house counsel, it is almost non-negotiable that you not only need to understand but also have clarity on the business and the product to ensure that you tender an advice that ensures business enablement. In order to devise solutions that facilitate business, one needs to be solution oriented while at the same time ensure that the advice they tender is well within the ambit of the applicable law.
Further, having a reliable business counterpart is almost quintessential to ensure that you are able to receive the required information that enables you to tie in the business with the applicable laws effectively. In this regard, I would personally credit my colleague Mr. Shobhit Malhotra who has played a humongous role in enabling me to not only understand the business side of things but also to pick brains whenever required.
How do you manage the sensitive data/confidential information for a company? I mean as a legal counsel, what are the strategies for the same?
We generally ensure adequate safeguards and ensure to sign Non-Disclosure Agreements before discussing any potential business opportunities which would result in divulging confidential information.
Further, we ensure to keep a robust protection for any sensitive data/confidential information in every agreement and ensure that any such information that is shared is returned to us and if any information is retained by the counterparty remains subject to obligations that allows us to take action should there be any breach on their part in fulfilling their confidentiality obligations either during the subsistence of the agreement or upon such agreement coming to an end.
As someone who has been actively involved in the domain of intellectual property law, how do you keep yourself informed about the recent developments in the same?
While intellectual property law is an emerging area of law, I keep myself apprised about the recent developments by keeping a continuous watch on websites like SpicyIP, Bar and Bench, Live Law and blogs by Eashan Ghosh, NUJS IPTLS etc.
Lastly, a few sets of advice for our young law professionals?
A degree in law is one of the best things that could happen to you.You should always remember that this degree is like the golden ticket to not just corporates or law firms which forms part of an usual choice owing to herd behaviour but also to classical options such as that of being a litigation lawyer as well as to emerging arenas like policy advisers, legal journalism as well as academia.
Hence, you should go ahead with what you think you would enjoy doing.
Lastly, and perhaps most importantly, never forget that as a lawyer you are always a student who should be open to learn new things and keep oneself updated, so always keep yourself updated and evolve and this will definitely hold you in good stead.
Disclaimer- The views and opinions expressed in this Q-A discussion are those of the author and do not necessarily reflect the official policy or position of the company they work for.
Would you like to tell our audience about what motivated you to choose law as a career?
For me becoming a lawyer meant learning about negotiation and people management, two of the really important skills to succeed in life.
Nishant, we all have our struggle stories to share, and I mean not struggle specifically but yeah the obstacles that one has to overcome, would you mind throwing light upon those?
One obstacle rather a challenging situation that I faced in my last role as an in-house counsel in the current company was leading a global project that involved folks mostly from medical background basically non-lawyers and this was difficult because we all were responsible to ensure that research trials continue without any hiccups due to this transition.
I had to make a lot of effort to understand the science behind trials , identify relevant stakeholders and also define a governance process without undermining my counterparts from medical team. This experience gave me lot of confidence to not only design & lead projects of global significance but also work across divisions and functions to achieve success.
These compliance processes have been there since a long time, but a sudden increase was noticed post-covid, what do you think can be the reasons for it?
COVID 19 created frankly a perfect storm of economic pressure and operational disruption…hackers infiltrating your network or attack against corporate data science or not using IT assets for its intended purpose/ cutting & pasting data from one application to another! In other words, pandemic created new risks that business might not have had to worry about before and impact is to an extent that these risks now exceed whatever controls you previously used.
Today the need of the hour is develop a sustainable compliance framework- one that can track/measure new risks and in parallel test and document controls as necessary, and guide remediation efforts. Most importantly, business should make proactive efforts to integrate compliance into operations because many times business change their approach/strategy without involving compliance and this means existing internal controls no longer fit their original purpose.
In post COVID 19 world this thought process is needed to stay ahead of competitors and ensuring compliance with policies.
People say in-house counsel should also have a business acumen, maybe if we can call them an “All Rounder” here, what are your views on the same Nishant?
We live in world that requires us to embrace and plan for change. Same goes for in-house counsel. The common perception was ‘legal is reactive and not proactive’. But now what I see is with time its the legal function that often bears the maximum burden of changes that companies go through…all this while coping with constant demands for greater efficiency/productivity and cost savings.
The role of the in-house lawyer has evolved into new areas such as Govt. Affairs, Audit and Compliance reporting, CSR etc… this is more than just a change of job title, it’s an acknowledgment that your in-house counsel is part of C-suite. This also conveys the strategic nature of legal function and the contribution it makes to company’s growth.
Nishant, do you think India has been following up sincerely with the GDPR regulations/privacy protocols or like me you are also of a view that it was violated during the covid times?
Data is the new currency and it only makes sense for companies to invest in protecting their data. India in my view seems to be on right track as outlook towards privacy has changed considerably in privacy space and this is largely because of a collaborative approach by govt and private companies. However to continue with this momentum we need to invest heavily in technology and associated controls to meet privacy requirements faster.
Not everyone has the ability to navigate through different regulations, but you do that so well, what are the strategies for the same that you apply constantly in your routine?
Stay informed, attend online events to keep a tab regarding changes in regulations. Some online/in person conferences can really provide useful insights. Subscribe to blogs and newsletters. Join industry associations, its a great way to stay connected with changes in your field.
How do you maintain the work-life balance Nishant?
I actually like to term it as work-life integration because this will bring several aspects of work life such as work, family, well-being under same roof. I can choose to manage personal tasks during work hours and vice Versa. The biggest plus I see with this approach is flexibility eg. allowing me coordinate my schedule and responsibilities more productively.
Let tips in my experience:
a) Learn to say no- very important part of setting boundaries
b) ask for flexibility- open conversation about your needs vs. your employer/team needs can lead to win-win scenario
c) make space in your schedule for family time
d) always remember your work and managers can wait but your friends/family and personal milestones will not.
Nishant, being a mentor yourself, please give a few pieces of advice for our readers?
Mentorship does not have to be a formal process but in our field it’s a crucial form of support for budding lawyers/law school students. Its important to recognise that a mentee places a lot of trust so a mentor should take out time of their schedule to help mentee develop and grow. But its equally important that mentee also assumes responsibility for learning because a mentor can only give you tools and guidance.
Lastly recognize that the mentor maybe phenomenal but will have a limit to the knowledge and abilities, its important to not get upset or disappointed because your mentor cannot answer all questions but make the most of their time and knowledge in areas where they can.
Was pursuing law planned or did it all happen by chance?
It was anything but planned. To start with, I wanted to be a doctor but couldn’t afford coaching. Then I was drawn to psychology and it was fascinating. However, the fate had something else for me. After my graduation, I decided to sit for the law entrance of Delhi University. To my own surprise, I got a very good rank. I thought I must give it a try. First day in Law Faculty was the day of my liberation. And the rest is history.
What can be some of the toughest considerations while someone from a non-legal background has to see before opting law as a career?
Response: It can be quite tough for a person from a non-legal background. Firstly, law as a subject is highly demanding. Without the right guidance and mentorship, one is bound to lose the way. However before making any career decision, one must always ask why.
What I have always advised my juniors and followed myself is, listen to your heart and follow your passion. With the passion in place, you can overcome any and all challenges.
Another tough choice that one would face is where to start and where do I eventually want to end up. These questions don’t have an easy answer. Law is very vast, it sometimes takes years to finally find something that resonates with your disposition. Patience and persistence are the two mantras one should live by. In due time, you will find your niche.
As someone who is well versed in arbitration matters, what initiated you into arbitration? What currently are the emerging trends in arbitration?
Even specialising in arbitration was not planned. I got a chance to work on an arbitration matter at JusContractus. The dispute was intricate but interesting. We faced a challenge on interpretation of s.27 of the Arbitration Act, which deals in seeking court’s assistance in taking evidence. A lot of research and brainstorming went into that and that’s how my love affair with arbitration began.
Coming to emerging trends in arbitration. The law in arbitration often has been subjected to many amendments. Essentially, an arbitration is a dispute resolution mechanism, alternate to litigation.
The parties have autonomy to choose their arbitrator and opt for expeditious disposal of the dispute. The goal is to minimize judicial intervention. The courts have been circumspect in dealing with challenges to arbitral awards, tilt has been towards upholding the award than setting it aside.
Further, recently it was stated by Justice Hima Kohli, Hon’ble Judge, Supreme Court of India, at a book launch that, we have to ensure that arbitration should not become another litigation. There is a growing realization that arbitration must be simplified and be made effective through robust enforcement strategies.
Quite often, we have seen the importance of ‘Legal Content and editing’ undervalued, what’s your take on the same?
Response: On the contrary, I find legal journalism extremely useful and respectable. It combines the skills set of two public oriented professions. It requires attention to detail and fact-check of all dates and citations, in-depth legal research and great interpersonal skills. Legal content writing essentially constitutes a bridge between law and layman. In my personal experience, legal writing brings a ton of clarity to the thought process and helps to put a proposition in a simplified manner to get the point across, something every lawyer ought to master.
Nowadays, people don’t have that zeal to pursue a career in litigation, what can be the reason for that apart from job security in corporate?
Response: Litigation is like literature. One has to keep at it for a long time till you find your place in it. What I see is that in a fast paced world, there is enormous pressure on law graduates to find a lucrative placement right after college. Litigation, on the contrary, needs time and investment. Unless, you have a legal background, it takes lot of faith and perseverance to stick out.
Corporate, on the other hand, can give you quick returns. Nevertheless, one needs to be well-versed in law in both cases, to be successful. Again, at the cost of reiteration, I must sound a word of caution that one must not be swayed by the glamour of the litigation, must follow his/her instincts and passion, as there are other creative vocations in law as well that one must explore.
“Best Young Achiever” award by itself sounds so special, would you mind sharing your experience and some roadmap you followed or what worked best for you so far in your career?
It was truly special. I received the award from Late Mr. Soli Sorabjee and was in complete awe of him. Honestly, I had never imagined receiving an award for my work in arbitration. But it feels nice to be recognised. One mantra that I have followed and have brought me immense satisfaction is that whatever you do, do it to the best of your capabilities. You never know what might get attention.
So many times we have seen contractual disputes because of a minor mistake, what can be done to improve the situation and erase the disputes?
That’s a very good question. Often I have seen in my experience that the parties do not pay adequate attention to contract drafting and structuring. In such cases, where the contracts are undermined and the understanding assumed by the parties, without having the same incorporated in the contract, there are bound to be disputes. All contracts look just fine until they are tested in real time. The most important is the dispute resolution clause, which needs to be carefully drafted.
Sometimes, parties in order to save costs on legal advice, often end up being embroiled in more expensive legal battles. Therefore, it is imperative that parties should seek sound legal guidance on contract drafting before signing an agreement.
Talking about work-life balance, there has been ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium?
Response: Law as a profession can be quite ruthless at times. Late night research and drafting, running from one court to another and not to forget, endlessly waiting for your matter in court. These occasions can throw your health for a toss. As the greatest asset of a lawyer is his/her mind, it is all the more essential to maintain a healthy equilibrium and to keep his/her mind and body in good shape. Daily workouts, meditation, yoga, adopting healthy eating habits are some of the lifestyle changes one can include.
Few advice for our young law professionals?
I see legal profession as an intellectual’s delight. It is one of the most respectable professions. Becoming a lawyer is matter of prestige. It is to each one of you what you want to make of it. Don’t go by convention, go where your interest takes you.
Do not be afraid of making mistakes, you want to have your stories of struggles to tell the younger generation. And not to forget, knowledge is power. Never stop learning and developing on your skills set. Believe in yourself and put the black suit on.
How do you see law as a career and what strategies can make the journey better when someone opts for law?
I see it as an amazingly diverse and varied career that offers endless possibilities and opportunities. The law is one of the cornerstones of every human society for good or ill. I think pursuing a career in the type of law that interests you if at all possible is key. You will hopefully be working for many years so being enthusiastic and committed to that career will be much easier if you enjoy that area of law and are interested in it.
Let’s not kid ourselves though, if we as lawyers don’t respect the rule of law then how can we expect others too. With the great rights we enjoy come great responsibilities.
Being an international lawyer, how do you manage completing the tasks considering the fact that you should always be aware of the recent legal updates on the same?
I think one has to be open to learning every single day as a lawyer, from your clients and your colleagues. There is always something new to learn and therefore grow and improve. This is particularly so in international law as you are often working with different contexts, legal systems, languages and cultures.
The way you’ve handled critical cases is commendable, but then on the same hand, do you take the assistance of legal tech or some AI tools to manage laborious tasks in your litigation practice?
The future of human society in general will be driven by developments in technology. The law is no different. We can already see the massive effect on the gathering of evidence that recent technologies have created. It also will be hugely important in the way we as humans deal with the effects of the climate emergency. Lawyers will have a key role in the massive improvements we need across the planet to move to sustainable methodologies that create a fairer, more just society.
The Environmental, Social, and Governance (ESG) agenda that is an enormous part of legal practice today, and will only grow, also demands that we examine how technology can assist in dealing with the enormous challenges we face.
It would be great if you can share a roadmap in terms of your career?
I studied law after secondary school at University College Cork in Ireland. I later qualified as a barrister and solicitor in New Zealand while living there. I then qualified as a solicitor in Ireland and then completed a master’s degree in International Human Rights Law at the Irish Centre for Human Rights at the University of Galway while working a solicitor in the city.
I then moved to the United Kingdom and worked on human rights cases there and was admitted as a solicitor in England & Wales. Following on from that I worked at the Prosecutor’s Office of Bosnia and Herzegovina in Sarajevo on mass atrocity cases from the war in that country.
While in Sarajevo I completed a Diploma in Islamic Studies at Sarajevo University. I later moved to the Special Prosecution Office in Pristina in Kosovo where I worked on both organised crime and wars crimes cases.
Having represented victims and worked in the prosecution I wanted to undertake some defence work. I moved to the Extraordinary Chambers in the Courts in Cambodia (ECCC) where I worked on the team defending IM Chaem and I was admitted as an attorney in that jurisdiction.
After my time in Phnom Penh, I moved to Libya where I worked for the European Union on assisting our Libyan colleagues with work on their criminal justice system. Most recently I was Executive Director of Irish Rule Law International, and I have been admitted as a solicitor in Northern Ireland.
I am presently undertaking a master’s degree in Sustainability Leadership at the University of Cambridge as well as working in my present post.
How do you manage work-life balance?
Badly I think many of my family and friends would say. But I think I am getting better, at least I hope so, but it is a struggle I must admit. Doing a master’s in Cambridge certainly demands that I move away from work and to my studies every day. I also like to play and watch sport so that helps a lot.
Lastly some tips for our readers?
Well, everyone has their own route, but I think the parting words of my mother before I left the car and started in boarding school when I was 12 are still key in my view. “Never look down on anyone, never think you are better than anyone, respect everyone you meet.”
I am a great admirer of the Stoic philosophers also, so much to learn from them and from wise thinkers around the world from Rumi to the Buddha to Mandela to Iris Murdoch. Finally, happiness is perspective, as lawyers we are lucky to have the chance to change the world, work on being happy, it will help you achieve much more.
Was pursuing law pre-planned for you or did it happen by chance?
Legal profession was my deliberate choice. Since my childhood I have been passionate about my rights, rights of others, human rights, justice and the degree of compatibility of state’s legislation with law.
What were the struggles you faced in the beginning?
I gained my first legal experience when I was a teenager. When I was sixteen I helped my parents in their litigations. It was arduous and disappointing sometimes. I saw incompetent judges, judges who neglected and perverted the law. And I saw plenty of pieces of legislation which were obviously outdated or unjust.
My family was poor, that is why I started my legal education as military-police cadet (this option is completely paid by the state), this way demanded hard work not only to master the subjects but also to pursue some police duties.
Additionally, I managed to participate in some legal scientific societies, conferences and provide vulnerable people with legal advice and help for free. During my study I got acquainted with ICRC activities and became true adherent of ICRC and IHL.
When I graduated from the university, I gave up the career at the police service because the reality there was far from principles of rule of law and human rights priorities. Then it turned out that graduated professionals with the background of police universities are much less demanded on the market.
That is why I had to develop, approve and demonstrate the highest level of legal professionality continuously. I tried to obtain advanced experience, pursue scientific researches and started working as lecturer in law.
According to you Denis, as a law student, where should the focus be on, the hard work on academics or smart work on networking and building a great skill-set?
I think both elements are important. They complement each other. Networking helps you demonstrate your competence but you should actually have what to demonstrate.
What are your views on AI or legal tech adoption, what restrictions will it have in the coming years?
Every technology may be used for good and for evil, particularly, technologies which we currently embrace under AI umbrella term. These technologies are able to improve our life enormously but on the other hand they might affect human societies devastatingly.
Particular concerns are connected to potential loss of human control, dehumanization of decision-making, surveillance, profiling and manipulation of will. Threats regarding to automation of weapon also should be stressed.
AI needs regulation as well as we regulate nuclear energy. I believe that we should regulate such powerful technology both on international and domestic level in order to put human first and make technology serve people and uplift humans’ personality, not degrade it, prevent inflicting harm and misuse of AI systems.
Denis, you’ve been quite active as a Data Protection Officer since Feb 2022, what are the roles and responsibilities of the same?
To cut a long story short, I’m responsible for development and maintaining Privacy Management System throughout AI lifecycle, including design stage, collecting data, forming dataset training of the model, its testing and deployment.
On the one hand I should assess whether we are entitled to use particular data for development of particular model (indicate personal data, assess purposes of processing, define necessary amount of data, minimize data and processing operations, chose appropriate legal ground for processing, provide transparent communication with data subjects, weight up their reasonable expectations and the context of processing, define storage period and destruction mechanism as well as protective measures, etc.).
On the other hand my role is to assess the possible impact of particular AI solution on data subjects’ rights and freedoms.
DPO is both the advocate of data subject defending human rights as well as business assistant helping to find and implement solutions which are compliant with law and comfortable for users. Correlating these two points is crucial to implement Privacy by Design.
Another significant thing is definition of applicable law and rationalizing legal requirements of different jurisdictions. It is also important to be familiar with world-best trends and approaches and be ready to implement them. Additionally, it is worth to be mentioned that DPO should make sure that all employees are aware of data protection issues and able to handle data in accordance with internal policies.
That is why I spend huge amount of time educating and training our staff to communicate with people.
What are the strategies that may help someone to clear the certifications for CIPM, FIP, GDPR DPP and GDPR DPM?
From my point of view, the best strategy is to combine theory and practice, to educate oneself continuously and try to implement all new knowledge in practice immediately.
Denis, can you please share the compliances for AI and legal tech in Russia?
Russia is prominent by its IT professionals including the field of AI. Currently many small and medium companies are leaving Russia because of political instability, but leaders are in place. These are mainly two hugest companies: Sber (not only Sberbank, but the group of companies on the whole) and Yandex Group. Speaking about legal tech, I’d indicate such companies as Pravo.ru, Kept (former KPMG) Seamless (former CMS), Consultant, Garant and others.
As someone who is passionate about pursuing law in Russia, what are brownie points one need to always look out for?
Russia is European country and belongs to European continental legal tradition. Russian legal system by its nature is an example of civil law jurisdiction based on Roman legal heritage. The composition of system and vast majority of legal institutions are derived from French ones, some from German.
Influence of English law took place but was not significant. Robust French-fashion frame of law is spoil by some unreasonable derivations and poor enforcement and legal culture. Utmost positivism is a predominant way of thinking among practitioners.
That is why it is useful to explore Russian law in the context of European jurisprudence, particularly, French.
Unfortunately, currently it is not the best time for jurisprudence in Russia. Legal system is not in well fit and it is continuing to be erased. Almost each new piece of legislation undermines coherence and predictability of legal order. It seems like Russian rulers are trying to follow all bad examples of Lon Fuller’s Rex.
True sense and purposes of law are quite frequently perverted and misused during the application and enforcement. Independent judiciary does not exist. Truly speaking, the rule of law at all does not exist.
We need a new generation of lawyers who could reinforce rule of law, priority of internationally recognised principles, universal human rights, predictability and coherence of legal system.
Lastly, any advice for our young legal professionals?
Stick to your principles and aways remember that lawyer’s mission is to protect human rights and uphold rule of law and justice rather than merely apply legislation. You should be able to find law behind sophisticated and controversial language of legal texts.
It is up to you to be creators rather than executors and improve your legal system and legal environment.
What motivated you to choose law and how do you see the competition since the time you started pursuing your career?
I remember back in high school, my dad asked me to pick a career path. I didn’t know what it’d be at that time but I wanted something that’d combine both my passions, strategy & public speaking. When I did pick law, it wasn’t so much for altruistic reasons as wanting to do something intellectually stimulating, that I’d really enjoy.
I don’t believe you truly discover an industry until you’re neck deep in it. Popular media would have you believe law’s all sunshine & rainbows but there’s just as much trudging through the trenches before you get to the meadows.
To that end, it’s highly competitive. Wanting out of the rat race means deeply honing your craft, developing highly effective & transferable
skills & often, specialising in a single niche. If you’re able to do that & enjoy it, the competition becomes healthy & the profession rewarding!
There was a time Ananya when we had no advancements in terms of tech tools for legal projects, now it has changed, what are your views on the same?
I have to be honest, I was blessed enough to enter the profession when indexing apps & research softwares were a thing & I’m all the more thankful for it.
There’s a lot to be said about legal tech. In a number of ways, it’s revolutionised the way we get things done, more so in this era of remote work. The automation & efficiency has led to increased client satisfaction which lends itself to greater profitability & wider market reach.
However, we’re talking about tools at the end of the day. A sword is only as good as the man who wields it. It’s how lawyers leverage the tech available to them that ultimately determines their true utility.
Ananya, our audience wants to know what are the advantages and disadvantages for a Non-Nlu Student?
Ah the self-limiting titles we impose upon ourselves! I always had my sights set on the NLUs. Everyone I spoke to, everything I read, had led me to believe that was the only way to go. So when due to a rough period in my life, I couldn’t go to one, despite qualifying for one of the best NLUs in the country, I felt lost.
For a huge chunk of time, I struggled with a strange sort of handicapping disappointment. The thought of graduating from a lesser known university can undermine your confidence. But knowing what I do now, I wouldn’t get too hung up on the stigma.
The only merit NLUs have over non-NLUs is the launchpad they provide to your career in terms of perceived value & the opportunity to network with other budding lawyers & professors who perhaps share the same amount of passion as you. Beyond that it’s really each man to his own.
The advantage of being a non-NLU graduate is it forces you out of your comfort zone. You’re not spoon-fed the best resources. You empower yourself, through observation & error. You go beyond the bare minimum, adding more job-ready skills & achievements to your repertoire. It teaches you to become more enterprising. It’s a long winded journey but the hard work pays off multifold eventually.
Do you think Ananya that these new aspects such as NFT’s, Blockchain etc violate the standards of privacy and secrecy?
Privacy legislations, from their inception, weren’t drafted keeping blockchains & NFTs in mind. For that reason, while I don’t believe they’re averse to privacy per se, I do believe there’s a strong need to rethink our regulations to keep up.
As things currently stand, NFTs & blockchain technology may provide a strong illusion of anonymity, but the inherent risks to privacy can’t be overlooked. Data protection guarantees like the right to be forgotten don’t extend themselves to blockchain autonomously, the standard of cybersecurity currently deployed to protect NFTs is dubious at best & identity theft in this space is a legitimate concern.
Striking a balance between steadily growing technology & the delicate boundaries of privacy might just be the solution.
Any specific roadmap you followed for the IAPP certification programme?
IAPP provides comprehensive, albeit sometimes confusing, guidelines on how to prepare for their certifications exams. Where most people get stuck is understanding the practical application of things. You see, IAPP tests you, not on how much you can memorise & learn but what you can apply & help operationalise. And the textbook only goes so far with that.
The roadmap I followed was learning with a mentor. Your journey becomes so much easier when you have someone to show you the ropes. It really comes down to doing things the right way. Do you just want to pass an exam for the sake of it? Or do you want to learn how things are done so you can do your job properly? One gets you a piece of paper that can only get your foot in the door & the other gets you the role, the promotion, the pay hike & the credibility.
AI will take the job of Lawyers, how far do you think this will happen? Or Maybe you think that has already started happening?
Law, at its very core, is innately human. AI is an aid, not a solution. While indispensable in its utility, I don’t believe it’ll ever replace lawyers.
That said, the tech we use today does cut into a huge chunk of the market that was traditionally sourced by entry-level workforce. However, I like to look at it as an inevitable but temporary impediment to demand, that will ultimately create more opportunities for lawyers to step away from menial tasks & come into more skillset rich roles.
AI can help you draft, monitor, recommend & even predict, but it’s ultimately dependent on human judgment to bring it to fruition & I don’t see that changing anytime soon.
If not a lawyer, what Ananya Patil would have been in life?
I’d love to be an author! There’s something about putting pen to paper that’s so gratifying. I’d love to play with words, weave emotions into them & tell stories.
Some advice for our young law professionals?
Look at yourself as a business. You are after all, a brand in & of yourself. Like every business, you need to invest in yourself to grow. It’s a skillset based market.
What skills can you pick up to cater to the demand? If no one’s buying your product, you’re not targeting their needs effectively.
What tweaks can you make to your CV? Good customer service often births resounding word of mouth. Is your client happy with your work?
Most people don’t realise they can create opportunities for themselves. That’s where you can gain an edge. Network & observe.
What problems can you solve? Being a great lawyer is seldom only about the law. Yet, that’s where the majority gets hung up. Look beyond the conventional & brainstorm ways to differentiate yourself.
Was doing law pre-planned or did you instantly make a decision to pursue law?
Yes, doing law was pre-planned. My father who is also law graduate from Delhi University introduced me to the law and law books. We used to have a small library at home where I enjoyed reading the case laws on contracts, IPC etc.
When I went to do B. Com (H), I was introduced to contracts law, sale of goods, partnership, and property laws, where the actual journey to understand the law started. To further enhance my knowledge of law, I also decided to pursue the Company Secretary course which provided me more insight into finance and taxation, and the law governing the corporate entities.
Having more than 2 decades of experience in the legal industry, what strategies keep you going in this profession?
The strategy which keeps me going is that I always consider myself a student. As a student, I am open to new learnings, changes and challenges.
As a law student, I developed the habit of observing and learning, before interpreting and applying. While working as an in-house lawyer, I realized that to have legal knowledge is not enough; hence, I worked myself to understand the other facets of the business, competition, industry, and kept myself updated on foreign economic and regulatory environment, as well.
During my career, I also faced a few up and downs which fortunately helped me develop a network of mentors, comprising individuals who have supported me during testing times.
Do you think after doing CS, it’s an easy sail for every legal professional in the corporate world? We have heard opposing arguments though from some people!
Nothing is easy in the corporate world if you are a legal professional. The Company Secretary Course will help you understand the way in which an organization operates and functions. If you wish to work in the Legal Team of a company, then the Company Secretary course is a good option as it is designed to give you knowledge in various subjects and areas which are beyond the law as well.
The Company Secretary works as a link between the company and its board of directors, shareholders, government, and various regulatory authorities.
Hence, they take up diverse roles in the management, taxation and finance departments of a company and help the company in all such areas. It is incorrect to say that Company Secretary course is an easy sail; it should be kept in mind that every professional in the corporate world must prove their worth and deliver results to move up the ladder.
Avneesh as you are experienced in dealing with POSH cases, we have heard a lot about “Quid Pro Quo Harassment” and what are the punishments for the same?
In Latin, “Quid-Pro-Quo” means “something for something”. Quid pro quo sexual harassment occurs when employment, pay, benefits, title, position or other opportunities for advancement or training, are conditioned upon the submission to unwelcome sexual advances.
Quid-pro-quo is a serious offence. It is extremely important to be very clear and transparent in all businesses dealing with employees at the workplace. The punishment depends upon a case-to-case basis ranging from disciplinary action including a written apology, reprimand, warning, censure withholding of promotion/ pay raise/ increment, termination of employment, undergo counselling etc. In some matters, it could also lead to a criminal complaint against the perpetrator.
Reg -Tech is helpful they say in doing compliance’s, how far do you believe this?
Definitely, any tool and technology which reduces human efforts and intervention are going to help. In a digital environment featuring complex business structures with the change of law and regulations almost happening on daily basis, organizations require tools that will keep them up to date with the latest regulatory changes thereby minimizing the likelihood of human error.
Reg-Tech can also provide increased confidence in meeting board agendas pertaining to issues such as transparency and proactive reporting of risks and compliance. This technology also allows companies to meet regulatory-driven data activities and support submissions to regulatory bodies in an accurate and consistent manner.
However, before implementing and recommending Reg-Tech, we as lawyers need to learn about the technology, its architecture, data models, as well as algorithms.
We also need to understand cross-functional teams for evaluating the risks, beyond the legal risk of using manual and automated processes, along with the legal risks related to any specific Reg-Tech product. Data protection and privacy remain the most important factors to consider when using Reg-Tech.
As tech startups are growing like never before, do you think our data is protected and the level of secrecy is maintained?
Data is growing faster than ever. Data secrecy and conditionality are prime concerns of General Counsels (GCs). The prevalence of cyber-attacks, frauds & crime and the emergence of new regulations like CERT guidelines are forcing boards and their GCs to work closely with the chief information security officer (CISO) to make decisions about how to protect the company against cyber-attacks, respond to data breaches as well as other attacks, while complying with applicable data protection laws.
My personal experience suggests that many tech start-ups are not investing enough time & sources and are not incorporating privacy as the default.
In recent times, we have seen the Government withdrawing the personal data protection (PDP) Bill after receiving concerns from Indian start-ups, which suggest that data localization requirements in the draft PDP Bill are too “compliance intensive” and could hamper the ease of doing business and stifle innovation.
The same may be true, however data security and confidentially should be paramount and should be a part of the core DNA of any start-up or organization. The tech start-ups should consider data privacy as part of their core foundation before offering any products, services, and processing data, which will enable them to be future-ready. Further, it will bring transparency and trust among the users and customers.
How do you see the corporate world serving more opportunities to individuals in the legal world?
Multiple opportunities are available in the corporate world for individuals. The legal department as business partners must take ownership and support the overall success of a company.
Depending on the nature and size of the business, in-house legal work has been rising in volume, especially in specific areas like environment & safety, data protection & privacy, competition law as well as other regulatory & compliance work arising out of amendments and change in law, compliance breaches, intellectual property protection, M&A etc.
Another reason for the increase in legal work is the growing attention to legal budget control and better risk management, whereby in-house lawyers’ must have more knowledge about the company as compared to external lawyers.
At present, many lawyers are contributing to multiple facets of the organization such as corporate governance, contracts, litigation, compliances, ethics, investigation, internal control & audit, employment, data privacy as well as other security matters, corporate social responsibility, policy advocacy & liaison, taxation and finance.
The key attribute for an individual to grow in the corporate world is that they should have commercial sense, be willing to learn, explore new opportunities and be ready to work outside their comfort zone.
Any advice for our readers?
To succeed as an in-house lawyer, you need to be proactive, flexible, find solutions and communicate them in a concise and simple manner. You must understand the business, the industry, collaborate more with other businesses, build trust, and relationships. One must also ensure the alignment of expectations and communicate them. It is also important to remain a lifelong learner.
In today’s dynamic environment, if you can think and act as entrepreneur, the same is going to help you immensely.
What was your motivation behind choosing law as a career?
This was more of a destiny than a chosen path. I always wanted to do MBA and be in corporate Management. Post high School while exploring career options I came to know about National Law Schools, and in the meantime NLU Patna started. While going in depth I got to know the plethora of opportunity a law student can have post completion of the degree.
I figured out that choosing Law as a career option will be academically challenging and financially & personally rewarding. I thought choosing law would help me in improving my standard of thoughts, skills & knowledge. With this thought process I sat for entrance exam and got admission in NLU.
How has been your journey in this profession so far? And do you think first generation lawyers have to face more challenges than the one’s having already a family of lawyers?
Prior to globalization, there were very limited option for a law graduate to opt for. Post completion of law most of the candidates will have to go for litigation only. Moreover, for a first generation lawyer it would be difficult to even have a decent earning out of it. Most of the law students were forced to join any senior counsel wherein the incentives were very low or I would say nil. Nevertheless, this changes post globalization, plethora of opportunity were introduced in the legal field. Recent times a law graduate can opt for Litigation or Corporate Legal or Law firms or LPOs or any other intermediary platforms.
Talking about my Journey I will definitely say that I have focused on the long run and tried to put my hands on every aspects of Legal field. Today’s time a GC position requires having hands on experience in Legal, Compliance, Risk and Audit. After 10 years post completion of my degree, when I look back there were so many different areas I have explored and I can definitely tell other aspiring lawyers to not only have full control over your current profile but also be keen to take risk and explore what more this profession can offer in various diversities.
What are the challenges while coordinating with various departments and conducting fraud investigations, as far as I believe this takes a lot of time and research, so how do you prepare yourself?
Every fraud investigation is different and unique in nature so you cannot apply your same textbook strategy on every case you have. You have to keep yourself upgraded and you have to use your experience, knowledge and common sense in every case.
The key role of fraud investigator is to catch hold of the perpetrators but most importantly, our role is to create deterrence in the system to avoid further frauds. Fraudster’s will keep on finding loopholes in the system and policies and we have to keep finding different ways to catch hold of these people.
Working endlessly and achieving so much at such a young age requires constant motivation and a crystal clear vision as well, so what’s your mantra for the same?
Motivation will only come when you love your profession and you are ready to face new challenges. I had a neck for wanting to know everything what is going on behind the scene since childhood. This aptitude in me kept me interested and motivated to find out the truth in every investigation I do. This profession poses you with different set of challenges every day, its one of the most dynamic role one can do. My Mantra is very simple. Work with full dedication and take things to logical conclusion, achievement and success will follow.
Are conducting insurance compliances somehow different from others or If I ask you how do you make it easier and efficient?
The Fraud Risk and compliance functions of an Insurance Company are expected not only to protecting insurance companies from downside risks but also to shift toward providing them with strategic advice to support growth and changes.
To execute these responsibilities, we as a function must be agile and proactive, delivering results cost-efficiently. We must tap into the power of advanced analytics and automation so that people can focus entirely on the activities that most need human judgement: mapping key processes and leveraging technology advances. We always focus on modernizing the rigid legacy systems and processes that inhibit the sharing and crosschecking of data in a timely manner, which is vital to evaluating exposures.
What are the opportunities ahead in Reg-Tech and relative sectors? How can professionals upskill themselves?
Legal professionals have to keep updated not only with the legislations but also with the digitized mechanism in harmony with the legislation. It cannot be denied that the regulation specific sectors have had been significantly updated with tech-based platforms in forms of AI tools. More so because of the nature of the varied segment any regulatory specific sector holds. It brings in huge doorway of opportunity to stay in Regulation specific sector, both absolutely working in it and remotely working with such sectors by being associated with AI based tools. In order to keep upskill for reg-tech sector, it is crucial to stay aware about the market and market players initially. Having said that, it shall be the practical aspect of understanding- example- contracts, competition, sectoral regulation, etc.
Audit seems to be easier for some people, but that’s not true right? What are the preparations necessary to have?
Audit is a powerful tool, which allows you to establish a baseline for your legal position and response. It comprises a broader range of operational issues, or at specific areas of the systems around financial organization in more details. Internal audit might, for example, look at payroll, financial controls, process or data senstivity, etc. It definitely provides an opportunity to identify and remove the element of surprise about legal exposure and legal issues, which have not been identified by the organization’s day-to-day work.
There is no straightjacket blueprint for the preparation; it encompasses you to have bandwidth of knowledge across legal functions. One should have a good hold of the sector they are in in order to identify risks which have otherwise not been clearly understood, or which have been masked through other controls.
