Author: Donnie Ashok

  • Amit Aggarwal, Co-Founder, Effectual Knowledge Services, on starting-up, business management and IPR Solutions

    Amit Aggarwal, Co-Founder, Effectual Knowledge Services, on starting-up, business management and IPR Solutions

    Amit Aggarwal is a co-founder of Effectual Knowledge Services which offers IPR related solutions. EKS provide services in patent search, patent drafting and other allied areas. Having graduated with B.Tech from Kurukshetra University in 2002 and later completed his LL.B from Chaudhary Charan Singh University he joined Reliance Industries Limited as an Assistant Manager. Prior to founding EKS in 2010, he worked with leading organizations such as CPA Global and Evalueserve.

    In this interview he talks about:

    • Studying law post his bachelor’s in engineering from Kurukshetra University
    • His work experience at CPA Global and Evalueserve
    • Responsibilities at Effectual Knowledge Services

     

    How would you introduce yourself? Could you please share a little bit of what motivated you to pursue law as a career?

    I graduated from Kurukshetra University and was privileged to be part of the academic institution. I was given an opportunity to represent the college in numerous competitions organized by the institution and received many awards.  Apart from this, I also pursued LL.B from Chaudhary Charan Singh University which helped me to gain deep insights about the IP industry. Apart from the theoretical knowledge, the study of law had helped me to understand practical aspects of the legal industry. This further motivated me to embrace the challenging and exciting career in the field of Intellectual Property. I was an active participant in all the social and community engagements that took place at the university.  Besides this, I consider the quest for learning more about IPR and develop skills as a journey that is rewarding and is still on.

     

    How would you describe your typical day?

    I spend most of the time interacting with clients both domestic as well as international and assist them to develop IP strategy in order to achieve business goals. Also, a typical day involves prioritizing work and allocating the same to the colleagues. I also interact with employees to impart IP knowledge, address their concerns and conduct training sessions. I intend to make the team self-reliant so that they can handle complex patent assignments, deliver superior quality work and build long term relations with clients. Majority of the day is consumed by taking informed decisions relating to internal management, business development, assisting technology firms and advising startups. I try and finish the work in time to be home and unwind with my family.

     

    What diverted you to take this entrepreneurial plunge and start Effectual Knowledge Services in 2010? What prompted this move?

    I was fortunate enough to gain insights about the IP space while working with esteemed organizations such as CPA global and Evalueserve. In the beginning of my entrepreneurial plunge, I was aware of the fact that entrepreneurship involves bigger risk and rewards.  The idea of the firm stemmed from the possibilities and making fundamental change with respect to quality work, timelines, and other deliverables to the client that urged me to undertake my entrepreneurial journey.  In addition to this, there is immense potential in the IP space that fuelled me to pursue my dreams and make a mark in the field of IP.  The ability to identify, evaluate, and understand business has helped me to run the firm successfully. I also thank my peers and colleagues who shared the same passion and enthusiasm and I am obliged to them for being a part of Effectual’s journey.

     

    What has been your experience in working with international clients since 2010?

    The initial days of my entrepreneurial journey were demanding. They involved immense hard work, commitment and dedication to succeed and take the organization to newer heights.  Till now, I had worked with thousands of international clients and helped them manage their IP portfolio and achieve business objectives.  Since we are known for our quality of work and our search findings, a majority of the revenues is generated through repeat business from these clients.

     

    What prompted you to start the IPSS division in 2014? Tell us a bit more about it.

    The IPSS division was started with an objective to help clients in providing services such as patent proofreading, docketing, translation services, and patent illustrations and drawings. There was need to be fulfilled as most of the clients wanted to outsource their paralegal services apart from the regular work like prior art searches infringement searches, patent analysis, etc. The IPSS division is growing at an exponential rate due our superior quality work performed at a quick turnaround time.

     

    What were the biggest hurdles and challenges in the first few months? How did you deal with them?

    Every business has its own set of challenges to face with. These challenges include hiring the right people to build a brand. As there is intense competition in the IP space, every firm is looks to acquire clients and maximize its revenues.  We had to overcome these challenges by providing superior trainings and mentoring employees to handle complex assignments at a quick turnaround time. Apart from this, we have developed a well structured HR program in order to retain best performing employees and rewarding them for their work. Through our quality work, we bagged the Red Hiring Top 100 Asia Award 2014 and Deloitte Tech Fast 50 in 2014and 2015.

     

    While hiring for your company, what skills do you look for in a prospective employee?

    In today’s fast-paced world, every employee should have an ideal mix of skills and competencies to achieve the desired results. In addition to this, leadership and strategic decision making that an employee should be equipped with. Following are the traits that an employee should have:

    • Team Player
    • Multi-tasking
    • Excellent Communication Skills
    • Organizational Awareness
    • Problem Solver
    • Ability to Prioritize
    • Effective Decision Maker
    • Learning Ability
    • Proactive

     

    What have been your successes?

    Our success can be defined in terms of the revenue and global expansion. We have been growing at a rapid pace and expanding our team in the countries such as the US, Germany and the UK. Over the years, the business development team has gained client confidence and delivered quality services to clients.

     

    Is there any other tip you would like to give to our budding entrepreneurs?

    As mentioned in the earlier question, perseverance is the key to success in entrepreneurship. As India is not very startup friendly and entrepreneurs have to face many hurdles, it is critical for the entrepreneur to believe in his idea and results will follow.

     

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    What kind of work and responsibilities does a Manager at CPA Global deal with?

    The role and responsibility at CPA global involve providing assistance to US attorneys and Fortune 500 companies in patent prosecution and infringement analysis. I also helped leading technology companies in conducting patentability searches, patent to product mapping, landscape analysis, directed prosecution, claim mapping, prosecution history review and technical analysis of cited prior art and proposing amendments for office action responses. Apart from this, I have worked on number of intellectual property projects related to varied domains such as computer science, telecommunication and information technology, etc. The experience was quite enriching and gave me an opportunity to work on various projects involving prior art search, patent search, etc.

     

    What do you cherish most about the experience you’ve had over the past two years?

    The experience at CPA global helped me to gained insights about the intellectual property. During my tenure at CPA, I was awarded every quarter for my dedication and hard work. I have also consistently participated in various competition organized by the company on month-on-month basis.

     

    Elaborate on experience in working with EVS?

    I got an opportunity to be a part of the EVS and was handling clients across the globe. The work profile of EVS was interesting and gave me ample opportunities to work on array of projects. Majority of the work included conducting prior art search, invalidation search, and landscape analysis.

     

    You’re the Co-Founder and Director of Effectual Services. Please tell us about Effectual Services. What inspired you to embark on this entrepreneurial journey?

    Since the beginning of my professional career, I wanted to become an entrepreneur and make a mark in the field of intellectual property (IP).  Back in 2010, we founded Effectual Services – an idea that cropped up during my stint at EVS. I was very intrigued by the idea that there was immense potential in the IP space and building this company will be game changer in my life. During the first year, we realize that providing end-to-end solutions will be a differentiating factor and will lead to success of the company. That realization had led to the fifth year in 2015. Effectual got an amazing start as we were able to acquire international clients and solved complex assignments related to prior art search and invalidation searches. Every year, from 2010 to now, we have had the privilege of working with Fortune 500 companies and law firms.

    Effectual Services is based in Noida and is one of leading IP advisor to Fortune 500 companies, law firms, venture capitalists, and PE firms. Out team comprise of multi-disciplinary experts with rich experience in handling complex patent assignments in various domains such as Alternative Energy, Automotive and Aerospace, Biomedical, Biotechnology and Pharmaceuticals, Chemical and Materials, Information Technology, Electrical and Computer, Life Sciences, Telecommunications, etc. We also provide Intellectual Property Support Services (IPSS) such as proofreading, docketing, information disclosure statement, and patent term adjustment (PTA).

     

    What are your future plans?

    Being an ambitious person, I always wanted to make it big in my professional career with a perfectionist attitude, which I feel I am endowed with.  At the moment, the company is growing at an exponential rate. We are planning to expand in different geographies like the US, the UK, etc.

     

    Lastly, what would be your parting message for our readers?

    I believe that success can only be achieved through hard work and diligent effort. Reinvent yourself to stay relevant in the dynamic business environment. Successful people are aware that the knowledge is the backbone of success so they keep on learning new things and explore different avenues in life.

     

  • G R Srikkanth, Vice President – Legal, RP Sanjiv Goenka Group on a decade long experience as In-House Counsel

    G R Srikkanth, Vice President – Legal, RP Sanjiv Goenka Group on a decade long experience as In-House Counsel

    GR Srikkanth studied law from Osmania University and graduated in 1996, after pursued LL.M. at the same place in 1998. Currently the Vice President – Legal at RP-Sanjiv Goenka Group, Srikkanth is a rank holder in Labour Laws and IP Laws. His prior assignments include a near-decade experience at HUDCO (Govt. of India) and Govt. of AP.

    In this interview, he tells us about:

    • His decision to do two diplomas in Intellectual Property Laws
    • His experience as a Legal Manager at Housing Urban Development (HUDCO)
    • His advice on drafting infrastructure agreements
    • His achievements and landmark moments at RP-Sanjiv Goenka Group

     

    Did you have lawyers in your family?

    I have done my schooling and college education in Hyderabad. There are no lawyers in my family, I was very much interested in joining politics and LLB was a natural choice.

     

    How did you choose to do Cost Accountancy?

    (Srikkanth initially started as a commerce graduate with cost accountant qualification)

    Law was my first choice, but I also enrolled in cost accountancy to gain some accounting knowledge.

     

    How instrumental was Osmania in shaping up your legal career?

    (Srikkanth studied law from Osmania University and scored 1st division in the year 1996. Thereafter, he did his LL.M. from Osmania in the year 1998 and ranked 9th in the entire university)

    Osmania University’s eminence is unparalleled to any other institution in the country and it is the epicentre to many movements. It taught me a practical approach to looking at things. OU’s environment has always instilled confidence in all its students.

     

    Tell us about your courses. Share any incident from that time.

    (Srikkanth has done two courses i.e. Diploma in Intellectual Property from WIPO (UN) 2006 and PG Diploma in Intellectual Property Laws – IIT Kharagpur.)

    When IIT KGP started Law School and commenced PGDIPL, I took some break from work and enrolled there. Being in first batch there, we faced some short term issues similar to any new venture. But overall, the experience was enriching. A memorable incident was drafting an invention disclosure for a chemical product. Being a commerce graduate, it took much more effort on my part to complete the project.

     

    Please tell our readers about what your work experience was like at HUDCO. What did an average day of work look like?

    (Right after graduation, Srikkanth worked as Manager of Law in Housing Urban Development (HUDCO) (a Government of India enterprise) for nearly 9 ½ years)

    I appeared for HUDCO’s exam and got through and this is how I started my career with HUDCO. Primarily, the job involved appraisal of various projects in real estate, and various infrastructures like utility, social, urban infrastructure project.  HUDCO is a leading player in techno financing; it makes feasible studies about the project and finance. I was lucky that major projects commenced in my jurisdiction I got to work in many places across India which helped me learn various local revenue laws and regulations.  Major contribution was drafting of letter of comfort in lieu of State Government guarantee, when there were restrictions in issuing State Government Guarantee due to over borrowings of the State Government. This instrument was even vetted by RBI as a valid document for financing and it’s a first of its kind.

     

    Share with us the major points one should concentrate on, while drafting agreements on infrastructure projects?

    While drafting infrastructure projects, one needs to contemplate all kinds of risks that may be associated with the project and take a detailed brief from other functionaries like civil, environmental, structural engineering and finance team.  List out all the possibilities and make a provision regarding them in the agreement. Similarly, list out all the applicable laws and appraise the provisions with reference to the project whether they have any impact on the same. Also, address the issues fit-out period, concessions, compliances under labour and corporate laws, insurances and assignments etc. If the lawyer/in house counsel is involved in drafting terms and conditions from the tendering or RFP, then he/she will be in a better position to draft instead of merely vetting the agreements.

     

    How fulfilling were the last 10 years both on the professional and personal fronts? How challenging and grueling were the difficulties and how did you overcome them?

    (After HUDCO Srikkanth joined RP Sanjiv Goenka Group as Chief Manager Legal and has now been promoted as Vice President Legal.)

    Retail Industry is most challenging and complex in terms of legal and regulatory issues.  Every product whether, food or non-food, is covered under some law or regulation, a Hypermarket where 30,000 products are sold attracts dozens of legal and regulatory issues. For example, retailers need licenses even to sell products like mosquito repellents, cosmetics, etc. Every day is different and there is a need to address issues instantly. Over a decade, I have been able to learn many things.

     

    Would you kindly share your accomplishments and job specifications at RPSG Group?

    I have been awarded Chairman’s TOP GEAR award in 2008 for best performance in resolving legal issues, I have also been nominated for the Best In-House Counsel for Asia Pacific Award by International Law Office for the year 2012 – 2013. I have managed these laurels with the immense support I get from my wife and son.

     

    Please tell us a bit about your award by Retail Association of India.

    Retail Association of India (RAI) is an apex body which represents modern retailers and works towards growth for modern retail in India. www.rai.net.in. RAI has various committees representing the functions of Retail. Advocacy Committee spearheads the legal and regulatory issues of Retail Industry. Over the years advocacy committee has successfully liaised with various State Governments and Central Government to address legal and regulatory issues.
    I being a member of advocacy committee have contributed towards facilitating various changes in the field of labour laws, essential commodities laws, insecticide Act, Food Safety and Standard regulations etc., in recognition of these services RAI felicitated me with the award for excellence in Legal and Regulatory services in Retail Trade in India.

     

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    Kindly share your experience as a Member of the Taskforce on Food and Regulatory Issues and Advocacy Committee of Retail Association of India (RAI).

    Our advocacy committee at RAI is very active and we coordinate with various State Governments and the Central Government on legal issues, especially with reference to retail sector. We have made noteworthy contributions in this regard, for example, exemption from weekly closure, keeping of records in electronic form, changes in food laws and legal metrology.  The primary objective of the committee is to address the issues of the industry and facilitate the members.

     

    Tell our readers what needed to be done to ensure fair trade practices and what suitable measures are needed to promote the growth of infrastructure and retail sector.

    Major challenges for both the industries are approvals and clearances from various authorities due to which the projects over run and the costs increase. There needs to be a time bound clearance. It will be better to have deemed provisions which are designed such that if there is a failure to accept or reject the projects within a certain period of time, then they are deemed to be approved.

     

    What are your plans for the future? What advice would you give to those law students wishing to pursue a career in infrastructure and retail sector?

    I advise the young lawyers and students who wish to pursue these sectors to understand the entire process of the businesses and spend considerable time on the project viz., physically visiting the generation station, road project, airport and taking notes and understanding the processes and make the list which can impact the business and how to address the same in the communications/agreements. Keep reviewing various literatures pertaining to the domain in which you are interested.

     

    Would you like to see yourself in the the role of a lawyer or a facilitator?

    I would like to remain an In House Counsel, as the role of counsel is “more for less” and this function has evolved as a facilitator over time rather than merely being that of a litigator.

     

     

     

  • Huzefa Ahmadi, Senior Advocate, Supreme Court, on an illustrious career in litigation and work experience at Magic Circle

    Huzefa Ahmadi, Senior Advocate, Supreme Court, on an illustrious career in litigation and work experience at Magic Circle

    Huzefa A. Ahmadi graduated from Law Center-II, University of Delhi. He joined the Bar Council of Delhi on 6th September ’91 and started litigating before High Courts and Tribunals. He briefly went abroad and worked with Clifford Chance on a work experience placement.

    Huzefa came back to join litigation in India. He practices before the Supreme Court of India in matters concerning Constitutional Law, Administrative Law, Tax, Civil and Criminal Law. A third generation lawyer, law came naturally to him and he never considered any alternate career choices at all. Huzefa has been designated as a Senior Advocate in November, 2012.

    In this interview, he talks to SuperLawyer about:

    • Being influenced by his father, who retired as the Chief Justice of India
    • Experience as a law student at Delhi University in the early 1990s
    • Importance and minimum requirement for the designation of Senior Counsel
    • Entry of foreign law firms in India and its impact upon Indian lawyers

     

    When did you get inclined towards law?Tell us a bit about your family.

    I had decided to do law while I was doing my graduation. I am a third generation lawyer. My grandfather was a judge in the subordinate judiciary under the erstwhile State of Bombay. My father retired as Chief Justice of India.

     

    Did your father motivate you to pursue law? How did you come to study law?

    My father did not try to influence my decision as to the vocation I would like to pursue. In hindsight, I feel that my lineage did subconsciously goad me to take up law.

     

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    Which stream did you pursue your basic graduation in? Was the five-year course available to you?

    The five-year course was not introduced when I studied law. I did my B.A. with Psychology. I had no other plans but worked for a short time with HCL and sold computers for some extra pocket money.

     

    How was the environment in Delhi University in the early ’90s? What student activities were you a part of? How about internships?

    I did my law at the Evening Centre at Mandir Marg (CLC-II). Some professors were good but overall the course was neglected. You required an upper second in graduation to get into the law course. There weren’t too many student activities happening at the Evening Centre but classes were frequently disrupted by union activities. Most students were in Government service or over 40 years of age and did not seem interested in active practice of law.

    Internships weren’t introduced at that point of time. Internships now help in getting a broader insight of the profession. A lot depends on how keen the intern is towards the profession.

     

    Could you tell our readers about the first time that you appeared in court?

    (Huzefa began practicing at various High Courts and Tribunals soon after graduation)

    You always get a mixed bag of judges. Some were very helpful to young lawyers. I was fortunate to be in a chamber where I got a lot of opportunities to argue cases. My first appearance was before the C.A.T. where I argued the case of an Excise Superintendent against whom there was a disciplinary proceeding.

     

    Who were your mentors?

    Mr. M. Chandrasekharan, Senior Advocate and Mr. Maheshwer Dayal, Senior Advocate were my mentors in my initial days of practice. I was also inspired by my mother and father whose advice and guidance served as a beacon of light in the profession.

     

    Did you ever have any other plans other than litigation? What are your views on LL.M.? Do you think Indian Legal Education needs to improve?

    I never had any alternative plans.

    I think LL.M. helps in building a jurisprudential base. Legal education needs to improve at the middling level. There is a huge gap between the five-year courses and others.

     

    How did you get to work at a Magic Circle firm? When did you decide to come back to India?

    (Huzefa worked at Clifford Chance on a work experience placement)

    There was some work that I had done in India which led to my joining them on a work experience placement. The exposure was good as I saw the scale and expanse of an international law firm. I returned because I wanted to practice litigation in India and did not want to work with a corporate law firm.

     

    How does one become a Senior Advocate? Is there a lot of work owing to the designation?

    (Huzefa was designated as a Senior Advocate by the Supreme Court of India in 2012)

    It is necessary that you practice purely as a counsel at least for about 5-7 years before you apply to be a Senior Counsel. Designation can sometimes be a boon and sometimes a curse. If you are not up to it and aren’t briefed for the strangest of reasons you will be without work. As a Senior Advocate you get very less time to prepare as you are invariably briefed on the previous day.

     

    What are your views on the possibility of foreign law firms entering the Indian market?

    I think they should be allowed to enter but on a reciprocal basis. Their entry will ensure better terms for young lawyers.

     

    What would be your message and advice for our readers?

    Work hard and stay focussed on the profession. Have a hobby and other interests because there may be long periods of time when you may not have work despite doing your best.

     

     

  • Hitesh Sablok, Founder, PackandShift.com, on entrepreneurship and quitting BigLaw to start-up

    Hitesh Sablok, Founder, PackandShift.com, on entrepreneurship and quitting BigLaw to start-up

    Hitesh Sablok studied law from Vivekananda Institute of Professional Studies (affiliated to IP University, New Delhi) in the Batch of 2003-08. A corporate lawyer by experience, now turned entrepreneur, he has worked at Vaish Associates and Amarchand & Mangaldas. Recently he has started his own business in logistics: PackandShift.com.

    PackandShift is his new venture, it is an aggregation based platform which renders economical, reliable and hassle free transportation and relocation services.

    In this interview he talks about:

    • His experience in the corporate world, the responsibilities involved.
    • Founding a startup, gathering the initial investment, finding a co-founder and other aspects regarding the same.
    • PackandShift’s main business model and facilities provided.
    • Advice for law students venturing into entrepreneurship.

     

    Tell us a bit about your childhood and pre-college life as well as educational background. Did you have lawyers in your family?

    I was born in Meerut and brought up in Delhi. My complete education has been from Delhi, so it won’t be wrong to call me a Delhi boy! I have been an average student throughout but always had a knack for connecting everything with logic, related concepts, application, techniques etc. My interests ranged from technology and science to nature to war history to superheroes. Major source of all this back then was the Discovery Channel, which started around the same time and till date is my favourite on TV.

    My dad, who is also a lawyer, played a very vital role in shaping up my career. In fact, it was on his advice and guidance that I entered into a law school. In fact now we have another lawyer in our family – my better half!

     

    You were till recently working at Vaish Associates as a Principle Associate. What constituted your work profile? What were your daily tasks and responsibilities?

    At Vaish Associates I lead teams on transactional assignments; primarily relating to M&A and PE. I was responsible for every aspect of the deal i.e. from structuring of a transaction from a regulatory perspective, discussing and negotiating the commercial terms of the deal with the opposite party, drafting, reviewing and finalizing the agreements required in accordance with the deal structure and last but not the least – ensuring proper closing the transaction (including some post-closing activities/ filings). The day used to start early and revolved around con-calls, client meetings (be it for discussing an ongoing deal or for business development) and finalizing drafts of agreements/ documents for one or the other on-going transactions.

     

    Earlier you were working at Amarchand Mangaldas, what was the work that you dealt with?

    At Amarchand Mangaldas I was directly reporting to my Partner and was responsible for any corporate matter that came to our team (be it a transactional matter or an opinion or general corporate advisory); however, even then my work majorly revolved around transactional assignments. It was a short but a beautiful experience working at Amarchand Mangaldas and taught me so many fine things that a professional should practice.

     

    Share the biggest challenges that you faced in the early days of your career. How did you address them?

    I entered as an intern and gradually became an associate… Ours was a populated team of about 20 people. Each and everyone wanted to outshine the other and get the best work. Every senior wanted the best junior to work with him, which is a very fair need. That was my initial challenge…to prove my worth! To be the best one out of the lot… I knew that the only way was to prove my ability and that’s what I went after; BUT, how do you do that when you do not have any work? I started taking up assignments which no one was probably wanting to take (cause of whatever reasons) and I also started picking up small researches from my seniors and even from my colleagues and used to give more than my 100% to the minutest aspect possible. It was from one of such researches that I got involved in my first major and full time assignment. To my surprise I was the only junior on that matter and then there was no looking back. However, this was not an easy road – there was endless brainstorming (so as to think out of the box and come up with workable, effective and legally tenable solutions), great deal of hard work (in successfully capturing the understanding in the document) and flawless execution (which used to be the icing on the cake).

    The point that I am trying to make here is that till you get an opportunity keep preparing yourself and keep finding ways to generate an opportunity; when you get it – make the best of it.

     

    What are the skills you banked upon to successfully carve out a niche in the corporate world?

    A focus on three important skills:

    1 – understanding the situation/ facts (UNDERSTAND);

    2 – analysing all the pros and cons and regulatory hurdles revolving around the situation (ANALYZE); and

    3 – following a problem solving approach and providing a solution basis the first two steps (SOLVE). With one’s experience and knowledge increasing every day, the inputs in the above steps shall keep on increasing; however the outcome remain constant – coming out with a best possible solution!

    The above approach coupled with discipline, dedication, hard work and ownership of work will definitely take you a long way!!

     

    Recently you left your job at Vaish Associates, to co-found a start-up. Do tell us a little more about packandshift.com, the business model and the idea behind it?

    🙂 After around 6 years in the profession and having experienced everything that a transactional lawyer can imagine, I wanted to take on a bigger challenge and also had this feeling of doing something of my own. After discussing with my family and a few close friends I decided to go for it and give it my best short. But this was only one third of the road to the start point.

    The second important thing was to find someone trustworthy to start-up with and on this front I was lucky to have one of my close friends Sougata (my co-founder at www.packandshift.com) to agree on taking this road with me. The last and the most difficult thing for us was to identify the sector. PackandShift’s idea originated from one of our personal experiences wherein my family and I were relocating from Delhi to Gurgaon and it was a pain for us to identify and appoint an economical and a reliable relocation service provider. Very soon we realized that finding both these qualities in one person and that too in this sector was next to impossible. Therefore, we let go of the economical part and moved forward with the reliable part and zeroed in on one of the best relocation companies in India.

    This became the starting point of our research into the completely disorganized sector and after months of research and discussion we finalised on transportation/ logistics as the sector where we would operate in and PackandShift was born.

    Currently we offer three kinds of services:

    1 – Relocation Services – Under this head we arrange for hassle-free, economical and reliable services to the customers so that they can completely sit back and relax throughout the entire relocation process. Being economical and that too along with hassle-free and reliable services is the hardest part of the game as the current players in the market who are reliable and provide hassle-free solutions are definitely not economical from a common man’s perspective.

    2 – Intra-City Transportation Services – Under this head we arrange for small trucks for anyone who requires to transport within Delhi NCR. We provide very attractive and transparent prices and the customer is also saved from the hassle of calling multiple transporters and negotiating to get the best price. This segment is very helpful for distributors, retailers, individuals buying items which can’t be transported in their personal vehicle.

    3 – Inter-City Transportation Services – Under this head we currently arrange for trucks of any size (basis the requirement) for anyone who requires to transport anything from one city to another.

     

    In how many cities is your business operational?

    It is impossible to start all the above segments in multiple cities at the same time. Its only been around 3 months that we have commenced operations. Currently, the focus of our Relocation Services and Intra-City Transportation Services is Delhi NCR; however, for the Inter-City Transportation Services we are currently focusing on any requirement moving to/ from Delhi NCR.

    We operate on an aggregation model and for all the above services we have identified and verified transportation partners who actually render the services to the client; however, PackandShift monitors and controls the quality and the prices (in the capacity of a third party) so that the customer can get the best possible user experience.

     

    Is this a new venture and concept in today’s market?

    It would be incorrect if I say that this is a new concept in today’s market; however, the approach and the mindset is different. Being transactional lawyers and being in the service industry since long, both Sougata (my co-founder) and I

    (i) understand and appreciate the importance of customer satisfaction; and

    (ii) are able to understand nuances of any sector quickly and adapt accordingly (as we have been trained to do that while advising our earlier set of clients who were operational in various sectors).

    I personally believe the above skills and approach will make the entire difference in developing an economical and a hassle free experience for any client.

     

    Was it a big jump from being a corporate lawyer to being an entrepreneur? Could you elaborate on why you opted out of the legal scenario?

    Throughout my legal career I was blessed to have brilliant people around me (which is a luxury today) who taught me and who have guided me always towards the right direction. My seniors always trusted my capabilities and gave me all the room and independence to handle my assignments from a very early stage. Everything was in the right place and I very much enjoyed every bit of it; however, as they say, it lacked soul! There was always an impending feeling of something missing. I always wanted to do something of my own, my own brainchild, and my very own venture! And this feeling became stronger and stronger with every passing day (especially in the last year of my legal career). This feeling coupled with the idea of PackandShift was the time I decided that now was time to take the plunge. It was definitely a very big decision as the switch was from a white collar job and corporate lifestyle (which revolved around AC offices, corner workstation with a beautiful view, client meetings and negotiations, teams and support staff to manage all your requirements etc. etc.) to a blue collar job and complete field job (having no practical office, complete day spends in the field, managing all tasks – from that of a peon to that of a CEO).

     

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    How much market research did you conduct before going ahead with the start up? What were the odds that were not in your favour, what all obstacles did you have to overcome?

    Once we had identified the problem areas, we undertook a mammoth research to understand whether the solution would qualify as a business case or not. After we had satisfied ourselves with the business viability, we discussed and researched for about 5-6 months to understand the prevailing scenario in the sector followed by competition analysis. Once we had a grip on all this information, we started developing our model and eventually it was time to hang our boots! Honestly speaking we never went into discussing the odds in our favour or against us as we believed that the solution and the service which we aim at rendering shall only make life easy for people and therefore, there was no reason for not liking it.

    During all stages of our venture (starting from the conceptualization stage to the operations stage), the greatest obstacle was to understand this highly unorganised sector. Further, acting as an effective medium between the operators/ service providers and the customers also emerged as a herculean task considering that the demands and expectations at both the ends completely differ. However, for every problem we have always had only one solution “Customer Satisfaction” and what differs in every situation is the path to reach that solution.

    Since then it has been a continuous learning process and every day new challenges surprise us & we surprise them back! 🙂

     

    How did you find a co-founder? Was it an easy task?

    In my case finding a co-founder was easy. Sougata is a very close friend of mine and we have known each other and worked together for around 4 years now. We understand each other’s strengths and weaknesses and are able to make up for each other’s short comings.

     

    For a start-up, probably the most important factor is investment. In this regard, how did you manage the initial investment in your new business?

    Very true!! Money is a key ingredient for any start-up recipe and same was the case with us. The only thing which differs from case to case is the quantum of the monetary requirement.

    In our case, both Sougata and I have been corporate lawyers and since graduating from college, we have worked with leading law firms of the country. Thanks to our previous jobs and help from our family and friends, we were able to raises the initial investment amount and commence operations of our business.

     

    You have worked at larger law firms earlier and then after starting your own venture do you feel the work/life balance has changed? Is it more comfortable being your own boss or is the pressure of work almost similar?

    “Being your own boss” does not make a difference for me. If you are responsible and dedicated to your work then it actually does not matter whether you work for yourself or you work for anyone else. In both the cases you will put in your best to deliver timely results. So practically for me there has been no change in terms of work pressure. The bottom line has always and still remains “complete everything within the deadline and move to the next task”.

    Coming to work/ life balance – I definitely feel work/ life balance has changed; work takes more time now 🙂 when you decide to become an entrepreneur, it’s your job to lay down the foundation and set-up the business. At the initial stage one works for the whole office but it’s all futile if you don’t get the desired support from your family. I must say I am lucky and blessed to have a supportive family who always encourage me and stand by me. I try to spend as much time I can with my family…

     

    What advise will you give to young lawyers who aspire to become entrepreneurs?

    I only have two pieces of advice.

    First – always have a logical reason and a rationale for what you want to do.

    Second – understand what you wish to deliver and only then the path would be clear.

    Following these two steps have helped me throughout both my careers as they bring clarity to the entire situation and one is able to systematically approach towards the required things.

     

    What skills and qualities do you think have helped you achieve your current position and stature?

    I think the journey has just started for me and it’s a bit early to answer this question 🙂

    However, the basic skill set comprising of dedication, responsibility, timely delivery, result oriented approach, is useful irrespective profession and therefore, one should aim at developing and mastering them; and the only way to do that is by completely imbibing it in your routine.

    Education definitely plays an important role in shaping one’s career, but more importantly, the experience one gathers while working first hand on something, i.e. on the job training, and hard work has NO substitute. One should aim at practical experience as it plays a vital role in developing the overall thought process and the ability to take right decisions. It’s simple – the more you see, the more you understand and better you deliver.

    All of these are very small things and have been very critical in shaping my career…

     

    What is your long term plan, with regard to the start up? Do you plan on expanding?

    Our current and top most priority is to strengthen and stabilise PackandShift’s operations in the Delhi NCR region and thereafter, we shall plan to expand in different geographies basis the respective market and dynamics.

     

  • Stephen Mathias, Partner, Kochhar & Co., on being a pioneer in Technology Law and work experience

    Stephen Mathias, Partner, Kochhar & Co., on being a pioneer in Technology Law and work experience

    Stephen Mathias graduated from NLSIU, Bangalore in 1995. He pursued a diploma from the College of Law, York as a Chevening Scholar. Thereafter he joined Arthur Andersen, and worked there for three years. Later he moved on to the Bangalore office of Kochhar and Co., a leading law firm with which he has been associated since 1999 and is currently the Partner-in-charge. He is also a co-chair for the firm’s Technology Law Practice, which is a first of its kind in India.

    In this interview he talks to us about:

    • His initial interest in Law and the subsequent formulation of his career goals
    • His experience at Arthur Andersen
    • His experience as a Partner at Kochhar & Co. in Bangalore
    • The development of Technology Law Practice

     

    You started your legal education in 1990, can you tell us “why law”?

    I did not have any close relatives who were lawyers. I was generally interested in Economics, Political Science, etc. and law seemed to be closely allied. Moreover, National Law School had opened in Bangalore and I thought it was worthwhile to give it a shot. I wrote the entrance exam and got in. After that, I did not hesitate to join.

     

    Tell us a bit about your time at NLSIU.

    Looking back, it was truly a revolutionary approach to legal education. There were some special moments. For example, while learning criminal law, Prof. Joga Rao would choose a case that brought out the intricacies of the ingredients of a section, get two students to argue for one side and two students to argue for the other side. It was great fun, far more so than watching even an engrossing Law TV series. The focus was on thinking, arguing, logic, rather than on mere rote learning. Our batch was also the first in NLSIU to experience open book exams. For the first one, we all went in, rather cocky, thinking it was going to be a breeze only to come out shocked having encountered long and confusing fact situations that required us to think, navigate through the facts and figure out the relevant from the irrelevant portion. I also enjoyed Prof. Devidas’s explanations on concepts of Constitutional Law, especially his focus on equality. I would say that though the institution was not at its best on commercial law subjects like Contracts, Company Law and Taxation at that time, I think Dr. Menon was truly a pioneer in his different approach to legal education. And I’m grateful to many of the faculty members who sacrificed a lot to teach us.

     

    What career goals did you have in mind while studying at NLSIU?

    In my third year, I encountered Corporate Law and took to it immediately. I felt I had found my field. Later on, when we had our pick of electives, I always chose topics that were allied to Corporate Law. There was a ‘Computer and Law Society’ in law school but I did not take to the subject until after I had practiced for a couple of years. I started writing articles in my 3rd year and by the 5th year, was writing on various law related topics for the Deccan Herald and also became the editor of the students’ law journal. I remain greatly interested in writing and have written for the Economic Times in the past on law and technology.

     

    How was your experience working with Arthur Andersen upon your graduation from NLSIU?

    In those days, there was no campus recruitment. Andersen sent word that they were interested in hiring. I applied and got in. I was recruited at Mumbai, which I didn’t mind as I had planned to start my career in Mumbai anyway. I had a job offer from RA Shah at Crawford Bailey as well. However, Andersen was paying me 3 to 4 times more and I found it to be a more exciting opportunity. Standards were extremely high. There was a huge emphasis on client servicing. I learnt how to communicate in simple business language, coupled with a logical flow. I realized that in Corporate and Commercial law, to be a successful lawyer, one has to possess strong commercial acumen. Almost everything you do, every transaction, has a tax implication. I learnt a bit about tax while I was there. I enjoyed Bangalore more than Mumbai though, because there was no separate legal team in Bangalore due to which I got to work a lot with the accountants.

     

    You did a diploma in European Law from The College of Law, York. How was that experience?

    I applied for the course and received a Chevening Scholarship. It involved 6 weeks in York pursuing a diploma on European Law and 6 weeks in London working with a law firm. It provided me a chance to get some international exposure. In York, there were classes every day, but there were no exams. Most of us didn’t take it too seriously. In London, there was not much work given to me at the law firm I worked at, Wilde Sapte. I discovered an amazing city with every kind of attraction imaginable – the history, gardens, plays, musicals, museums, walks. I made it a point to experience London in some new way every single day. I had a total blast and I have to admit, it was more like a paid holiday. If the aim was to expose Indian lawyers to British culture, my participation in the scholarship was a resounding success!

     

    What prompted your move to Kochhar & Co. in 1999?

    Andersen closed down its legal practice in 1998. I took a small break and a bit of time to find my feet again. Kochhar & Co. were looking for a new partner for their Bangalore office/chapter. I met Rohit Kochhar and was instantly impressed. He emphasized on client servicing and I felt that he was closely aligned to my way of working and the Andersen philosophy. When I was selected, I decided to join instantly. I spent a month in Delhi initially and I found working with Rohit Kochhar and his attitude to achieving success to be quite inspirational.

     

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    Being a pioneer of technology practice you represented reputed international clients and engaged in high stakes work right from 1999. What has your experience been like as a partner heading the office in Bangalore?

    The initial years involved a lot of hard work. Rohit Kochhar gave me a great platform and freedom to build the practice. Through our tech practice, we built a clientele of international tech companies. Managing an office involves dealing with substantial non-legal work like strategy, accounting, HR, etc.

    In more recent years, our partner Suhas Srinivasiah has played a substantial role in growing the practice and has been the backbone of so much of the work that we have done.

     

    You set up the Technology Law Practice. How did that come about?

    When I was in Andersen, paradoxically, for Bangalore, I did a substantial amount of securities work. It has continued to be a small part of my practice. But I did a lot of work in IT Contracting. I found that there were many international tech companies who needed specialized tech lawyers. I jettisoned Securities Law, concluding that I had no future with it in Bangalore. We set up the Technology Law Practice the moment I joined Kochhar & Co. and did a lot of research on Technology Law. Those were the incredible days of the ‘dot com boom’. Internet law was changing in the US literally every week.

     

    What does the technology law practice really comprise of?

    There are two parts to it really.  There is general commercial work we do for tech companies.  This could be corporate compliance, employment, real estate, regulatory.  Employment and real estate are particularly large practices because a large software development, BPO or call centre unit will have a large office and a huge workforce.  Then there is the tech work – licensing, outsourcing, e-commerce, privacy, telecom, IP.  There are some more specialized areas like virtualization and voice over IP implementation which is the biggest part of the Technology Law Practice.

     

    Voice over IP seems to be a somewhat unique practice. Tell us a bit more about it.

    India has many restrictions on the use of voice over IP (VoIP), in terms of it being used only by persons within the same group, prohibition on inter connectivity with PSTN, etc. Then there are issues around the use of the same PBX for IP and PSTN, call managers in the cloud and overseas maintenance of voice mail and recording of calls. Every large company would have implemented a VoIP based voice communication network. They want a seamless system whereby you can use your soft phone no matter where you are, whether in office or at home or whether in India or overseas. Indian law prevents this and there is a fair amount of structuring in terms of what is permitted and what is not. Then there are separate provisions for call centres which can have IP and PSTN inter connectivity. But these undertakings are subject to numerous restrictions as well. I think I enjoy this work because it satisfies my need to be more than just a lawyer. At the same time, it is very challenging and it’s essentially a lawyer practicing within an environment of technology professionals.

     

    What are the key areas of technology law today?

    Internationally, technology law has never been more exciting than it is today. You have cloud computing and the ability to provide services remotely. Different applications like email, social media, e-commerce, mapping, etc. are increasing connectivity leading to huge privacy concerns. The sharing economy and the likes of Uber and Airbnb are challenging traditional ways of doing business and concepts of law. In India, there is a fair amount of unrest within traditional hardware distribution channels over the discounting of pricing by e-commerce platforms. These throw up issues relating to foreign investment regulations and competition law. At the moment, the start-up scene in India is truly exciting.

     

    What are your areas of work outside technology law?

    I do some amount of corporate work. I have been more active in employment law of late. A key focus for me is risk management. I help clients and other partners navigate through difficult situations, helping them understand what the different options are, the risks under each and that an optimal solution is one that balances risks and the needs of the client best. I have recently been doing work in the field of renewable energy which I find most interesting. I also spend time helping to grow different practices.

     

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    You have an interest in public policy. Tell us a little about that.

    I am terribly dismayed by the direction the regulatory environment in India has taken in the last few years. The era of liberalisation of the 1990’s has passed. India is a highly over regulated market. Many of my international clients are taken aback by the extent of restrictions and conditions to doing so many things in India. India badly needs a strong dose of right-libertarianism. There needs to be a focus on finding an optimal level of regulation so that the needs of public policy and freedom to do business are better balanced. Every restriction, every condition must be questioned and there must be a justification for the curtailment. I also feel that the expertise of corporate lawyers, as opposed to senior Supreme Court lawyers to contribute to government policy making has largely been unexplored. Corporate lawyers are closer to the clients and have a better sense of how regulations affect businesses. I’d like to see the government appoint corporate lawyers to help with reforms.

     

    Can you give us a few examples?

    Take the Companies Act, 2013 for example. It is a terribly retrograde legislation. There are restrictions on so many things such as your financial year, how to issue shares, transfer of shares, related party transactions and so on. Apart from that, there are still limits on voting rights for preference shares, buybacks are still difficult. To add to that, the MCA has come out with a plethora of regulations with the result being that the total volume of company law regulation in the country has increased, not decreased. I was doing an ESOP plan for a private company recently – there are regulations on private companies as to minimum vesting period, limits on promoters receiving ESOP’s, acceleration of all options in the case of death or disability, etc. This is completely unnecessary and an interference with management. The current company law has largely taken us backwards, making doing business in India much harder while creating too much uncertainty in the system.

     

    What do you think of the new government’s focus on ease of doing business? Would you say the bureaucrats are ‘trigger-happy’?

    The one positive thing I would say about the current government is that their sentiment is in the right place. But we were hoping for change that is transformational and we have not got it yet. There have been some changes in Company Law that have reduced some of the restrictions imposed by the new statute.

    We were looking at the new industrial relations code recently. It is largely a combination of several laws without much change in the laws. In fact, some changes make life more difficult for employers. Do we still need a law that requires a business to take permission from the government to retrench an employee? Some changes to the proposed Land Acquisition Amendment do not make complete sense and have not been properly explained, even though the key changes are absolutely essential. I get the feeling the bureaucracy is not on board with the idea of liberalising India further.

     

    What is life like outside of law?

    The days are full with little time to myself. I like working out at the gym. I enjoy listening to a mix of jazz, blues and country music. When I travel I map where the concerts are and try to attend some that fit my schedule. I follow the world of the internet and changes in technology and Technology Law closely. Looking after my kids takes up a large part of my weekend and spending time with family is a truly enjoyable part of life.

  • Ashish and Vagish Kumar Singh, Founding Partners, Capstone Legal, on starting up with independent litigation right after graduation

    Ashish and Vagish Kumar Singh, Founding Partners, Capstone Legal, on starting up with independent litigation right after graduation

    Ashish and Vagish Kumar Singh graduated from NLSIU Bangalore in 2012 and 2013 respectively. Right after their graduation they decided to take the plunge and start-up.

    Founded in 2012, Capstone Legal is a leading law firm based out of Jaipur practicing law at Supreme Court of India, Rajasthan High Court, Gujarat High Court and Bombay High Court. The firm has handled over 400 cases in the past two years ranging from Tax disputes amounting to several hundred millions of rupees to pro bono work for India’s leading NGO’s.

    In this interview, the partners of Capstone Legal discuss about:

    • Building a successful law firm without any legal background;
    • Attracting clientele and performance in Court; and
    • Advice to prospective litigators and mooters.

     

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

    Ashish: I am the managing partner of a law firm called ‘Capstone Legal’ and graduated from NLSIU Bangalore in the year 2012. I am a litigating advocate who usually appears before Supreme Court, Rajasthan High Court, Gujarat High Court and Bombay High Court. My father is a retired civil servant and my mother is a retired school lecturer. I spent my childhood in several cities of Rajasthan due to transferable nature of my father’s job. My father has been always been an inspiration for me and both me and Vagish Ji have tried to borrow his Honesty and hard work in life and profession.

    Vagish: Ashish Ji is my elder brother and I Joined Litigation owing to his guidance and support. I graduated from NLSIU Bangalore in the year 2013 and joined as a Partner of Capstone Legal. We are one firm which has not one but two managing partners.  I started litigation at the Rajasthan High Court and I appear before the Supreme Court, Rajasthan High Court and various Tribunals in Jaipur and New Delhi. As Ashish Ji said our parents were in Government Service and hence from a very early age we were exposed to Governance and Law. I remember accompanying my father to NREGA works and “Governance at your doorstep” camps. These practical insights into law, government and the State guided me throughout Law School and even now as a Litigator. Even though both of us did our Senior Secondary as students of Science, our interest was always towards contemporary Social and Political issues.

     

    Why did you opt for the field of law? Do you have any legal background?

    Ashish: As my father was working with the government, I got an opportunity to observe the functioning of the executive & the judiciary which made me realize the importance of the profession of law. However, the main reason was that I was averse to the concept of working under a boss and it was my sincere belief that a career in law can give me the freedom to work on my own terms.

    We do not have any legal background. No one in my family, except my brother Vagish has a law degree.

    Vagish: My inspiration to join Law was undoubtedly motivated by the constant insights which I had by interacting with Ashish Ji, when he was in his first year of law school. He painted such an exciting and challenging picture of the Course, that when I gave my senior secondary examinations albeit as a science student, I had decided that I would opt for the field of law. Our upbringing also had a major role to play in this decision and I couldn’t agree more with Ashish Ji, our parents guidance had always encouraged us to observe and critique governance both from the perspective of a layman as well as a Judge or an Administrator. Law is not a subject either taught or practiced in isolation, it has great social, political and economic ramifications. The socio-political relevance of the subject had always fascinated me as a student and I was lucky to be guided and supported by my family in joining law.

     

    What were your objectives and plans in the preliminary years of the law school?

    Ashish: During the preliminary years at NLS, my objective was to become an entrepreneur. Thanks to our extraordinary faculty members, subjects like Economics always took my fancy. Needless to state, an understanding of law and procedure is vital for a business to survive and thrive.  However over the years I was lucky to have experienced some Great Internships under Mr. R.P. Singh (Senior Advocate) and Hon’ble Justice S.S. Kothari as he then was. I became inclined towards joining litigation in my third year at law school.

    Vagish: When I had joined law School, my only objective and goal as far back as I can remember was to join the Civil Services. I had been inspired by my Father and the manner in which people appreciated his hard work and contributions. However by the time I completed my fourth year of Law School, litigation appeared to be an exciting and challenging profession. That coupled with the fact, that through litigation I could possibly contribute to the bar and the society without any intervention by political or social elements.

     

    Have the NLUs been able to produce socially relevant lawyers? What is your take on this, given that many chose to take up firm jobs?

    Ashish: Taking up a job at a law firm cannot be the touchstone to decide whether a lawyer is socially relevant or not. There are several law firms & lawyers who take up pro-bono work and are engaged in social activities. It depends on one’s ability to find time to do something which helps the society. Moreover, some people choose to support social initiatives by providing indispensable financial help which according to me is an important contribution to the society.

    Vagish: All the National Law Universities have contributed immensely in producing socially relevant lawyers. In my opinion, Social relevance is often erroneously equated with only pro bono, policy making or individual litigation. The efficient functioning of the Industry, market and other financial entities is equally if not more vital and relevant for the society as any other job. I am glad and confident that the fate of Corporate India is in the hands of my Learned Seniors and Colleagues. Their contribution cannot be ignored in any manner whatsoever.

     

    Did you focus only on the Academics in the college life? How did you excel in the Academics? How’s the Academic Pressure in NLSIU Bangalore?

    Ashish: My focus was on academics while studying in Law School but I was a part of several hostel committees due to which I had a chance to work closely with the university administration. I was good at academics but I always scored more marks in my research papers than written examinations.

    Academic pressure at NLS Bangalore is high but one gets to learn a lot from the faculty and seniors. We had the country’s best faculty and I am lucky to have been taught by such legends in law.

    Vagish: The academic pressure in NLSIU is immense, you are constantly haunted by the fact that you are surrounded by the country’s best and brightest legal minds. But that in my opinion is also the greatest incentive and strength of Law School. Due to that competition and intellectual stimuli my primary focus was always on academics. However as Ashish Ji said we were involved in the Hostel Committees and worked closely with the College Administration on various issues. I always enjoyed participating in and helping in organising ‘Spiritus’ which is NLSIUs sports festival and played some Hockey and Volleyball for the University. It was always my endeavour to stick to all timelines stringently and attend classes irrespective of bad health or otherwise.

     

    What were your area of interest while you were in Law School? And how did you go about developing expertise and knowledge in these areas?

    Ashish: I had done my senior secondary as a Science student and therefore when I joined law school, introduction to subjects like Economics and Sociology fascinated me. I enjoyed reading international authors on Contract Law and Transfer of Property. However as soon as we were introduced to Commercial Laws and Taxation Laws the expanse of these laws and the beautiful legal principles governing them, took my fancy.  During my fifth year in law school i spent long hours in the library studying and discussing Laws related to Arbitration, Taxation and International Trade Laws. One of my favourite subjects has to be Litigation Advocacy, which was taught in the final year.

    Vagish: In my first two years in Law School I enjoyed subjects such as Sociology, History and Political Science. I was amazed by the manner in which all these factors affect the formation and enforcement of laws in our country. My primary areas of interest were Criminal Law, Constitutional Law and Indirect taxation. I always made it a point to attend all our lectures and atleast browse through relevant reading material before attending them. We had an amazing faculty who always had an open door policy to all students, and hence project consultations and interactions after class really helped in my understanding of various legal principles. In law, there is no alternative to extensive reading, hence if a student of law intends to sharpen his skills and knowledge, he/she should read law not for grades or CGPA but for its real life application and utility. It is very essential to make a connection between ones internships and the subject matter being taught. All sections or provisions of law are not equally practically important and as a law student although it is prudent to have a overview of all important enactments but it is very important to not ignore the basics.

     

    You judged several moot court competitions in the past. What do you see in a good mooter? Please provide guidance to the Prospective Mooters?

    Vagish: I remember interacting once with Justice Rajendra Babu in one of our farewell dinners at law school. I told him about my intention of joining litigation after passing out and sought his guidance. He told me that the biggest mistake a young lawyer or a mooter ever makes is that he/she focuses so much on the intricacies of law that facts are ignored. It has been my belief and experience that litigation as well as mooting involves attention to detail to every single fact in a brief. It is important to know what to say and when to say it. Presentation of facts sometimes makes the most crucial difference between a good and bad mooter. My advice to all mooters would be to never memorize what to say or how to say it, just be thorough with your facts and law; and go with your natural style and flow.

    Ashish: I completely agree with Vagish. Adding to what he has said, my suggestion to all mooters would be to read at least the introduction to Nani Palkhiwala: The Court Room Genius. It is important to be sound on Procedural laws and give importance to a particular argument on the basis of the stage at which a particular brief is being argued. Also, a mooter or a young lawyer should be his own best critic and counter every argument he/she plans to make. I have noticed that mooters and young advocates sometimes rely on overruled judgments due to blindly relying upon Books and Commentaries. It is vital that before a particular case law is cited before a Tribunal or a court, the entire jurisprudence on that particular issue should be clear in the mind of the Mooter/Advocate.

     

    There is a notion that one should work at least a few years under a Senior Advocate to understand the intricacies and practical aspects of Law. You started your practice independently right after graduating. How did you overcome your initial jitters in a courtroom full of experienced lawyers and judges?

    Ashish: Working with an experienced advocate certainly is helpful in training a young lawyer in legal and procedural skills, most importantly court craft and presentation. I have had the privilege of briefing Mr. K.V. Viswanathan, Mr. S. Ganesh,, Mr. Hiren Rawal, Mr Amrendra Sharan (Senior Advocates) in some our cases and it has taught us important insights in law and procedure. However I disagree with the statement that it is a prerequisite for every young counsel to compulsorily work with a Senior. A good senior is one who provides ample opportunities to his associates and juniors to prepare and present cases in courts. I was extremely fortunate to spend my only few months as a Junior Associate in the office of Major R.P.Singh Senior Advocate. He always encouraged me to draft Petitions, replies and entire briefs as well as appear before the Hon’ble Courts, at a young age. I am also thankful for the Guidance of Mr. N.M. Ranka Senior Advocate, under whom I did not have the privilege of working, but have always received his guidance, encouragement and support.

    Vagish: I find it extremely difficult to understand this fallacy that a young lawyer should spend 5 to 10 years with a senior or a firm before he/she starts to appear himself before courts of law. Personally I feel no matter how experienced one becomes, a crucial hearing or a high profile case will give jitters to even a senior counsel. As a law student who has been trained by the best teachers in this part of the world, we can make no such excuse and should be ready to take on the responsibility. Most of all young lawyers should learn to embrace the challenge of this profession and be confident in their knowledge and skills.

     

    Both of you being partners of Capstone Legal. What all challenges did you face while starting up given that you do not have any legal background? What were your challenges and how did you face them?

    Ashish: I remember Hon’ble Justice V.S. Dave had told me once that Litigation and Advocacy is a rather strange profession, for the simple reason that one has to behave like an aristocrat yet be as one with the masses. I understand now the true meaning of what his Lordship wanted to convey, since not every brief involves multinational corporations or persons with a capacity to pay. Early on it is extremely difficult to attract clientele and maintain a regular flow of cases. The task becomes herculean if one starts accepting or rejecting a brief for the fees that the client is capable of paying. We overcame this trust deficit by accepting briefs irrespective of the fees, and by sincerely and thoroughly representing whatever limited clients we initially had. This performance at the bar acts like an investment whose dividends a Counsel reaps in the future. Due to this practice, we currently work with over a dozen ET500 companies.

    Vagish: The biggest challenge that a young lawyer or lawfirm faces is attracting clientele. However, if a lawyer is patient and remains honest to his profession, this hurdle can be overcome by consistent performance at the bar. A young lawyer should not worry about the fees or quantum involved in a particular case. it might be extremely difficult to get your first brief but as I have learnt by observing Ashish Ji, performance at the Bar is noticed both by the Bar, the Bench and by other clients. We have also been extremely fortunate to receive guidance from seniors such as Mr. N.M. Ranka, Senior Advocate; Mr. R.P. Singh, Senior Advocate who always motivated us and trusted us even with complicated matters.

     

    Please tell our readers about Capstone Legal, which in a brief period of two years has earned the name in the Legal Industry. What is a day at work like? What is the most challenging or stressful part of being a founding partner of a law firm?

    Ashish: We started Capstone Legal as a litigation firm with the objective of providing individual and corporate clients a one stop solution for disputes pending before tribunals and courts of law. I am fortunate to work with Vagish as partner since we have always worked together and understand the firm’s objectives and requirements equally. A typical day at work always begins at 8.30 and spending all day at Court or Tribunals till 5 and coming back to sit in office to about 11.

    We both enjoy what we do and would not consider stress as being a part of this job. However, the most challenging part of being a founding partner of a law firm is a sense of responsibility and obligation towards a client. Many a times clients from extremely economically and socially backgrounds approach us with cases which we undertake pro bono. To my mind, obtaining any amount of relief in accordance with law to such a person, though stressful and challenging can be extremely gratifying.

    Vagish: The success of our firm is undoubtedly due to the outstanding cooperation between me and Ashish Ji. He has always guided me not to prolong any matter and deal with any issue sincerely and promptly. Clients appreciate our zeal to get positive outcomes. Ashish Ji has already talked about the day at work and typically both of us share the same time table. We make it a point to prepare all briefs together so that the interest of the client is not jeopardised in case one of us is travelling to attend matters in other forums or cities.

    I have come to realize that the most challenging part of being a founding partner of a law firm is that though we are always free, we are always busy. I always tell my interns that I do not have anyone who forces me to wake up every morning to sit in office and attend court. As an advocate and partner one has to motivate himself/herself everyday and treat the client’s interest as paramount above all else.

     

    Today law students intern at different places like Corporate Firms, Litigation Firms, NGO’s, Research Organizations, and Policy Think-Tanks etc. Where were your internships at law school? How is an internship helpful for a law student?

    Vagish: I think it is a welcome trend in law students to experience all areas and fields of practice of law. While in law school, both of us undertook internships at NGO’s, advocates at the Trial Court and Senior Advocates at the High Court. My internships solidified my intention to join litigation and skills learnt throughout those internships helped me in my initial years of practice. I think the importance of an internship for a law student is best reflected when he/she joins the profession. Key skills learnt during such internships enable a young lawyer to familiarize himself easily to the workplace and the profession.

     

    You have worked in over 400 matters till now across Supreme Court, High  Courts, CESTAT and Trial Courts at a young age. How’s your experience so far in arguing cases? What is the most interesting case of your litigation practice till now?

    Ashish Kumar Singh
    Ashish Kumar Singh

    Ashish: Arguing a case is an extremely challenging and exciting part of this profession. One needs to be well versed in all facets of the particular law and issue in a particular brief. in addition to a clarity in law, I make it a point to be absolutely sure about each and every relevant fact, so that it can be referred and brought to the attention of the Hon’ble court. Most of all the process becomes even more exciting since the issues involved are always extremely relevant to a person or a company, having real consequences to life, liberty or economic conditions of the client. Arguing a case, requires certain tact and court craft coupled with humility. I have had the good fortune of arguing a number of exciting cases, however one particular murder trial stands out. I was engaged by a local counsel at a certain district court to argue the final arguments in a sensational murder trial. It had been published in the local newspapers for years and involved alleged murder of a daughter by her own father. Without going into any details I can state that I was engaged to represent the accused father, and the arguments continued for over 5 hours before the Learned District and Sessions Judge.

    Vagish Kumar Singh
    Vagish Kumar Singh

    Vagish: I had always seen my brother arguing in court when I first joined the profession and he had outstanding confidence and presence at the Bar even back then. I borrowed some of his flair and enjoy arguing before various courts and tribunals. It has been my experience that the most insignificant sounding cases teach a young lawyer the most about law and its practice. Perhaps one of the most exciting cases I have argued was the Constitutionality of Section  234E of the Income Tax Act before the Hon’ble Division Bench of the Rajasthan High Court. I referred to some beautiful passages from Seervai’s Constitutional Law and Case Law distinguishing between Fees and Penalty. Arguing pure and simpliciter constitutional law is always a delight.

     

    Does Capstone Legal take interns? If yes, then what is the procedure for taking interns? What are your expectations from a prospective Intern in your firm?

    Ashish: Yes we always encourage internships for students in their third, fourth and fifth years. One may apply for internship at Capstone Legal through our website www.capstonelegal.in.

    We expect our interns to participate in the realtime functioning of the firm which includes client meetings, drafting and briefing of counsel. We are a young and energetic law firm and expect the same kind of zeal and energy from our associates and interns.

     

    What would be you message to the law students who want to pursue their career in the Litigation?

    Ashish: Litigation requires a leap of faith and most of all it requires patience. There may be times in the starting few months of your professional life, when you have no brief, or maybe one brief in one entire month. Even in those times it is important to be honest to one’s profession and attend Court diligently, learn from your colleagues and seniors and always remain vigilant of developments in law whether judge made or otherwise.

    Young law students must undertake litigation internships in good offices, to learn beforehand of the nuances of law and its practice in courts.

    Vagish: Litigation is undoubtedly a challenging profession. However for any young law student who wants to work on his own terms, litigation should always be a choice. It is important to believe and be confident in one’s own knowledge and skills. Most of all a good advocate is always humble and polite to his colleagues & to the bench and yet ferocious while at the bar.

     

     

    This interview was taken by: Shubham Gupta, III year, NLU Delhi

  • Akshata Srinath, Associate (Foreign Lawyer), Dacheng Wong Alliance LLP, Singapore on Dual LL.M and work experience

    Akshata Srinath, Associate (Foreign Lawyer), Dacheng Wong Alliance LLP, Singapore on Dual LL.M and work experience

    Akshata Srinath graduated from Christ College, Bangalore University in 2011 and subsequently did a dual LL.M. course from New York University of Law (NYU) and National University of Singapore (NUS) in 2014. After having interned at several top legal firms of India, editing a journal at NUS and winning the Dean’s Award in her Master’s programme, Akshata is today working at the Dacheng Wong Alliance LLP, Singapore as an Associate (Foreign Lawyer).

    In this interview, she tells our readers about:

    • The importance of certificate and diploma courses for a law student
    • Her experience of successfully applying for a foreign master’s degree and getting the Dean’s Award at NYU-NUS
    • Working and writing for journals
    • Difference between the work culture in Singapore and India
    • Her views on entry of foreign law firms in India

     

    What was your motivation to study law? How did you come to choose Christ Law College for your law degree?

    I went through a lot of career seminars in secondary school to decide on what I really wanted to take up afterwards. Law seemed to be interesting and different. I attended few workshops for career counselling and realized law is not only about litigation (for me back then law meant going to the courts or being a judge), it showed me the corporate culture, NGO/pro bono work, legal editing work. Also at that time, my father was with ITDC Vigyan Bhawan where till date there are numerous events relating to different areas of law taking place. So he used to bring home materials, information and other details for me to read and therefore I was sure that I really wanted to pursue law as my career.

    Christ College Law was under Bangalore University at the time I joined. I did get in to a law school in Delhi, but going to Christ felt like coming out of my comfort zone which I still believe was a right decision. The campus is beautiful and a few friends who were already studying in Christ College, but in different departments, helped me take the decision. During my admission process, I also spoke to a faculty members which added to my motivation to choose Christ.

     

    You have interned with most of the top law firms in India. How did you go about securing internships at these firms? How was your experience with them?

    I have been lucky to have secured internships with some of the top law firms in India. I applied to the HR of the law firms, dropped reminder mails and few phone call follow ups to get the internships. My experience at every firm was different. I have interned with JSA in Bangalore and Gurgaon and was surprised to see how different the same law firm in different cities is. In Bangalore, the partner would directly come and give me work. I would be surrounded with lawyers so interaction level was surely high. But in Gurgaon office I found it impossible to reach the partner, because the number of lawyers was so much that you become less noticeable.

    I have always been given quality work, which involved drafting of few agreements and research work. I have made presentations for lawyers and attended few client meetings. I was given a good practical experience on how work is done in a law firm.

     

    Are there any extra-curricular activities you participated in during your 5 years at Christ?

    I did a couple of national and international moots but soon realized mooting wasn’t a good idea for me. I ended up taking part in parliamentary debates, Mock UN, presented papers in conferences and took part in national negotiation rounds. I have few publications in national and international journals. I also did some volunteering and legal aid work.

     

    Could you please describe to our readers the various Certificate and Diploma courses you studied, and the benefit you got out of them?

    I started doing certificate and diploma courses from my second year. I did diploma courses in corporate law and law of corporate mergers and acquisitions and certificate courses in dispute management and IP rights. I also attended the summer programme in international law by the Indian Society of International Law.

    Bangalore University law course is structured in such a way that we only get to read law subjects from the third year. So by doing these extra courses, you are clearer on a particular area of law. There is always a benefit in doing something extra. In my case, it helped me in bridging gaps in my knowledge. I knew a little more when I was making notes on research given to me in my internship. The extra knowledge also helped me in writing papers for publication, and a competitive edge. And lastly, resume for a fourth year or final year student looks good with extra courses.

     

    How did you secure a job upon graduation? What was the work profile like?

    (Upon graduation, Akshata joined as an Associate at the offices of KSB Partners)

    I applied to various law firms for job interviews and KSB Partners gave me this chance to work and grow with them. The work profile of KSB Partners was interesting. We did project finance and mergers & acquisition related work involving mostly drafting of agreements and preparation of due diligence reports including doing some research and giving legal opinions on the same. I couldn’t have asked for a better place to start working in the industry. This was because the areas of law were interesting and the Partners surely knew how to guide you through a particular task. I was fortunate to work with all the three Partners and receive knowledge and certain tricks from each of them.

     

    When and how did you decide to get a Master’s degree?

    I wanted to do Master’s but wasn’t sure when and how to go about it. One of my friends was applying to an architecture course in NUS for the year 2013-14 which made me think about Master’s. Also, I knew few friends who had been to NUS law so after getting information from them, checking few more details online, I discussed it with my parents and applied. I applied only to two law schools, one being NUS and the other being NYU Singapore.

     

    Can you please tell us about your experience applying for your Master’s degree? Do you believe it is more difficult for non-NLU students to get through into foreign universities?

    (Akshata pursued a dual LL.M. from NYU and NUS)

    Applying to NYU was a last moment idea and a hope that turned into reality. While researching for NUS Law School I did come across this unique course that seemed really fascinating. Submitting a statement of purpose was not required for NUS but in NYU they require SOP plus other documents like an essay for scholarship, a write up of experiences that you want to share with the admission committee, IELTS and TOEFL exams and the like. It was the most tedious fifteen days because I had to come up with a lot of documents. My parents played a huge role in this by reading every single document I was preparing for admissions. I asked few of my friends to read my SOP and I remember submitting the revised SOP no. 15 to the admissions committee.

    I don’t believe it is difficult to get into foreign universities for a non-NLU student. I have classmates, friends and juniors who are from non-NLU colleges but made it to elite institutions, some with scholarships. When it comes down to how to go about applying for universities, I believe it’s all up to how much you can open up to the admissions committee and how well you have spread your ideas in that one paged word document. As a very good friend and mentor for this process told me, “I don’t want to know what it is already there in your resume. I want to know what is beyond it, which is in your mind.”

     

    akshata-srinath-2

    Please describe to our readers the experience of studying at both these elite institutions.

    It was a great experience studying in both NYU and NUS. Our term started in May, so the first three months were purely for NYU subjects. The NYU faculties fly in to Singapore and the subjects we choose are taught for two or three weeks depending on their credit. It is a little intensive since the subjects are studied over these weeks without any break for three hours every day. In NUS, apart from the intensive subjects which follow the same pattern as those of the NYU, each course you choose is taught once a week for three hours. So the NUS way was a bit more relaxed.

    However, irrespective of the Universities, we have spent nights in the study room preparing for classes next day or finalizing papers for submission. I have been part of a week-long group paper submission, a 24 hour typed out exam, paper submissions, presentations, three hour exams, and even practical exams. I really learnt time management, prioritizing work and understanding how much was my capacity. Apart from studying, NYU and NUS celebrate certain festivals and occasions and arrange for guest lectures and alumni gatherings. Having classmates from all over the world helps you to develop personally, increases your patience and gives you lots of memories. In a nutshell, it was a great year of learning in every way.

     

    You have the experience of editing and writing for law journals. Please share your experience with our readers.

    (Akshata was the Student Editor at the Singapore Law Review)

    The Singapore Law Review (SLR) is managed exclusively by the students from the Law Faculty of the National University of Singapore. They have a two-step selection process which involves filling up of an application form along with submitting any article you have written. After being shortlisted they would call you for an interview. Being part of SLR mainly involved editing articles submitted by peers and also contributing write ups for their monthly newsletter. In India, I had never been part of an editorial board, I was always the one writing and submitting to the board. Therefore I can’t draw comparisons. However, it is more strenuous work than writing an article. Understanding and dividing the content of the paper as descriptive or analytic, grammar issues and citing concerns (most of us know them by the name of ‘bluebooking’), takes time and involves the need to understand what the writer has tried to convey through his paper.

     

    How valuable do you think the Master’s degree has been for you? How do you think it has added to you professionally and personally?

    Master’s has definitely been valuable for me. The whole experience changes your way to perceive and understand how a particular idea or in our case how a law works. Professionally I wanted to develop my career and my interest in corporate law, especially M&A, and this made me do my master’s.

    Master’s helped me to channelize the area that I wanted to expertise in. For me both my master’s degrees have indeed increased my knowledge, professional skills and even perhaps boosted my confidence. I gained a clearer insight into how the law firm industry works in Singapore, and through meetings with alumni I created invaluable contacts with some key people. You always end up learning something or the other from the university alumni meetings. Personally, I have made a lot of friends and learnt about various different cultures. It has changed my acuity and the way I look at things now is more logical and with a wider perspective.

     

    How did you go about achieving the feat of being awarded the NYU-NUS Dean’s Award?

    While preparing the documents for application, we had an option to apply for the scholarship as well by writing a scholarship essay. The NYU@NUS Dean’s Award is a merit-based award given to students who have demonstrated significant academic promise and/or achievement in their respective fields. With my offer letter, it was informed to me that I have been given the Dean’s Award. I am not in the position to explain how I was given this award, however, I believe with good scores one really needs to be involved in other co-curricular and extra-curricular activities. Whatever you do in the five years of law school definitely helps at a later stage.

     

    How did you join a reputed foreign law firm after your Master’s course?

    (Upon completing LL.M, Akshata joined Dacheng Wong Alliance LLP as an Associate [Foreign Lawyer]).

    I interned with Dacheng Wong Alliance LLP in the winter break. I continued doing some research work for the firm during my second semester with NUS. Due to my course structure, I had only three subjects that semester. This gave me enough time to continue with that work. And before the course got over, I was offered an opportunity to join DCWA. I now work for the South Asia practice of the firm.

     

    What is an average day like at a multi-national law firm like Dacheng Wong? Is work-life balance a problem?

    An average day in DCWA is involves attending to clients from Singapore and China and preparing draft agreements for ongoing transactions. Since Singapore is ahead of India in time, by afternoon after lunch, we need to cater to the Indian Clients. Most of the work is preparing agreements and providing legal opinion under Indian Law. Work-life balance is really not that difficult to maintain. The firm works on priority basis. So we try finishing most of our work during office hours, but if required, work has to be completed over the weekends.

     

    Do you believe that a Master’s is a must for lawyers seeking international exposure, and joining a foreign law firm?

    It is definitely one of the ways to seek international exposure but not the only way. For joining a foreign law firm, students in their final year can apply to foreign law firms under the training contract. However, to seek an international exposure study wise, doing master’s allows you to meet a variety of people, develop your understanding from a different view and gives you a wholesome development.

     

    How different is the work culture in Singapore from India? Are law firms in Singapore better managed?

    Work culture in both the countries is similar to each other. The difference is the fact that Singapore is open to international firms so this raises the bar for performance because of which there is a competition for giving out best results. Singapore also gives a wider scope in terms of involving a lawyer in laws related to other countries. I have myself been part of teams that work with the laws of most of the Asian countries apart from the laws of India.

    In Singapore, people are of different ethnicities, we not only dealing with Chinese clients, but also Malays and Indians along with Europeans and Americans. So work ethics differ from person to person. A person is expected to keep himself/herself updated. However, when it comes down to working, the 9 to 6 work hours are really not followed, which is something similar to the working style in India.

    Although international and domestic firms are organized and efficient in their deliveries and performances, the international law firms are better managed than the domestic firms in Singapore and India, since the headquarter is in a different country and managing the law firm worldwide needs specific staff with the right qualification. So the entire process becomes more crucial and highly scrutinized.

     

    What is your view on the entry of foreign law firms in India?

    Entry of foreign law firms in India is more of a tricky situation. I personally think it might be a loss for an Indian firm if a foreign law firm enters into the Indian market i.e. the foreign law firm is allowed to practice Indian law. There might be issues that established law firms in India could face starting with work culture. There is a basic difference on how transactions are handled in India as compared to other countries. I did find a difference in the training provided to me in India and the training I was given while working in Singapore. However, this is just my point of view. There might be a possibility that the foreign law firms actually help in the growth of the industry if they work together with the local firms.

     

    Would you have any parting words of encouragement for our readers who would like to follow your footsteps?

    My mom was the biggest inspiration during my testing times. She said one thing that I would like to share, “work hard for these five years, and then enjoy your remaining years.”

    Just do what you feel is correct. Explore your five years in a way that you don’t regret not trying any extra-curricular or co-curricular activities. One can utilize every semester break to intern, to do summer courses. Surprisingly, now I feel five years is less of a time to understand and achieve things. Law school is tough, it’s competitive but it is not impossible to utilize the time spent in law school successfully. It’s been a few years since I graduated from Christ College and now when I look back, I know I have come a long way. And the pain was all worth it.

     

     

    This interview was taken by: Amish Aggarwala, Advocate, Delhi High Court

  • V. Mohana, Senior Advocate, Supreme Court of India, on the AOR exam, life in litigation and role of a Senior Counsel

    V. Mohana, Senior Advocate, Supreme Court of India, on the AOR exam, life in litigation and role of a Senior Counsel

    V. Mohana graduated from Coimbatore Law College (now GLC, Coimbatore) in 1988, India’s first batch of the five year law course. She joined the chambers of Mr. M. Panchapakesan as a junior after graduation, where she had also interned in her final year. Thereafter, she moved to New Delhi and worked with Ms. Indu Malhotra and Mr. C.S. Vaidyanathan, enriching her expertise in litigation. After successfully passing the Advocate on Record examination in 1996, she has been practising independently in the Supreme Court, Delhi High Court, National Consumer Commission, etc.

    She has worked on matters with eminent seniors like Mr. Kapil Sibal, Mr. K.K. Venugopal, Mr. P. Chidambaram, Mr. Arun Jaitley, Mr. T. Andhyarujina, et al. She was also a Panel Lawyer for the Government of India. She was designated as a Senior Advocate by the Full Court of the Supreme Court of India on 23rd April, 2015.

    In this interview, she talks about:

    • Being a first generation lawyer: college life, internships and interest in litigation
    • Moving to New Delhi and establishing her practice
    • Cracking the Supreme Court Advocate on Record examination
    • Her wide range of practice encompassing various courts, tribunals and as a Panel Lawyer
    • Being one of the few women Senior Advocates of the Supreme Court

     

    Please introduce yourself to our readers. Were you always interested in pursuing law? Are there any lawyers in your family who motivated you to join law school?

    I am a first generation lawyer, and I have been practicing for the past 27 years. From my school days, I was interested in debating, public speaking, theatre etc. I took an interest in law during my higher secondary education. The sole credit behind my motivation to do law goes to my Mother. There were no lawyers in our family until I finished law. Now there are more than three, and a few more in the making.

    You are a student of the very first batch of the five year integrated law course, introduced for the very first time in India. We would love to know about your college. Was there any confusion/mismanagement, considering it was a new concept?

    Yes, I belong to the very first batch (1983-88) of the 5-Year integrated law course after higher secondary, introduced for the very first time in India in the year 1983. Our college those days (Coimbatore Law College, Bharatiar University, Tamil Nadu) was run in a rented premises. There were very few classrooms during the first year since we were the only batch and the rest of them were three year law students. We had a small library and a very small room for sports activities.

    Our syllabus was structured similar to the present syllabus, but it was not very detailed. We also studied subjects like Sociology, Economics, Legal History, History and Legal Language & Legal Writing etc. during the first two years. The rest of the three years we had subjects like Family Law, Transfer of Property, Constitutional Law, Income Tax, Insolvency, IPC, Evidence Act, CPC and Cr.PC along with Drafting, Pleading and Conveyancing.

    There was no confusion or mismanagement and, of course, the infrastructure was limited. There were few teachers and we had hardly two to three classes a day and only one session either morning or afternoon. There was no hostel for girls and there were very few girls in the class.

    Were there any student activities and opportunities such as debates, moot courts et cetera? What was your typical day like? Did you also pursue any hobbies?

    There were activities and opportunities such as debates, dance competitions, quizzes, etc. which were conducted by other Arts & Science colleges in which we all participated. There were a few moot courts competitions as well that were conducted by colleges outside the city and state, so participation was difficult. Our typical day was very relaxed and had only two classes/lectures. We had a lot of free time to pursue any extra-curricular activities, but we did not have many opportunities. I was in a working women’s hostel and our timings were very restricted. I used to give tuitions for school children in my free time.

    Did you do any internships? What was the work allotted to you like?

    The concept of internships was not in vogue back then. However, we were regularly going to court in the morning since we had classes only in the afternoon. During my final year, I myself went and joined a Senior Civil Trial Lawyer Mr M. Panchapakesan who is one of the doyens in the Civil Bar in Coimbatore. After a short interview and after checking my aptitude, he agreed to take me as an intern and I started going to his office and court in the morning and after college hours. The work I was initially asked to do as an intern was to note the case diary maintained by the office clerk which reflected the entire list of cases on a day-to-day basis for the whole year. Every day we had to note down the date of the particular case in the diary and maintain it regularly so that we get ready in advance for a trial. This habit is something I follow to this day. Apart from that, my senior would dictate legal notices, plaints and written statements which would be taken down by the juniors. I was asked to re-write the same in big font with triple spacing on white sheets of paper and give it to the senior for his correction and editing. By this method, I learnt a lot about drafting and pleading. There was no concept of stenographers in our office those days. Every pleading, application and written submission used to be dictated to juniors. I got the benefit of directly taking the dictation from my senior very soon after I joined as an intern, due to the fact that I could write fast and my handwriting was legible.  I have acquired maximum advantage in profession due to this practice of taking dictation.

    How did you manage the internship with studies? How did the practical exposure compliment the theoretical knowledge imparted to you in college?

    My internship never disturbed my studies. It rather helped me in learning what was taught theoretically in college. For example, we had papers such as CPC, Cr.PC, Drafting, Pleading & Conveyancing in the final year. I feel that these papers should be taught only in the final year. Since I was going to the trial court in my final year and taking dictation in my office, I could practically learn the application of CPC, Transfer of Property, Partnership, Filing Suits, etc. due to the personal practical experience. Even today, it is that training which is helping me. The art of drafting sale deeds, lease deeds etc also helped me in my conveyancing exam.

    Did you consider pursuing higher studies after graduation? How important is it for a lawyer to go for higher studies? Were you inclined at any time, towards the civil services?

    Honestly, we could not think of pursuing higher studies after doing law. Those days, even a five year law course was a luxury and we could not afford to think of any further education, coming from a big family. It is good to go for higher studies if one can get a good scholarship or afford it. However, it is not compulsory if one is planning to do litigation in India. Of course, higher studies abroad gives you wide exposure and analytical approach so it is very helpful. I never thought of civil services at any point of time since I always wanted to practice in a court of law.

    You joined the office of Mr. M. Panchapakesan upon completion of your law degree, with whom you had interned as well. What was the scope of work?

    On completion of my law degree, I continued to work in the office of Mr M. Panchapakesan. Initially, the scope of work was the same as it used to be during my internship. Eventually, he would ask me to prepare notes for trial and involve me in discussions with clients and in taking down depositions of witnesses while it was recorded in the court room, in order to review it in the evening. We also drafted plaints in simple suits and some applications. The working hours used to be 8.00 a.m. to 8.00 p.m. He would allow us to go home on Friday evenings. On weekends we would work full days on Saturdays and half-days on Sundays. It was a pleasure working there and he would always take good care of us. All other juniors were elder to me and they would take very good care of me, being the only girl in the office. They were all like my elder brothers and till date we are in touch like a family.

    How was it to appear in the court for the first time? Can you recall any specific incident?

    It was quite comfortable for me. I was not nervous at any point of time since I have always been confident and had no stage fear even while in school. Of course, whenever my senior was likely to be present in court, I would get nervous. The courts were also very congenial even in those days. I have great respect and regards for courts and judges but I never got scared. Once, I was moving a temporary injunction with a very senior lawyer opposing me. When he was not getting his way, he started saying things like women should not be seen raising their voices in court and that their place is in the house, to which I replied by saying that if he has any point in the case he can argue and that such statements are quite immaterial to the merits of the case. The trial judge also took exception to what he said, but I never got annoyed or lost my temper. I succeeded in the case. He was a fatherly figure and a great lawyer. After a few days, he became very affectionate to me and we both developed a very cordial relationship at the Bar. I only feel that one should never lose their temper in a court of law and one should always respect one’s opponent. After all we are not fighting our personal cases!

    How did you decide to move to New Delhi? What difficulties did you face initially? Would you say Delhi provides more opportunities than any other cities?

    I was in the trial court till the summer of 1992. I had just then started getting a few cases of my own, but it was difficult for women in those days to get cases of their own, especially in small cities. At that time few of my married sisters and two elder brothers were living in Delhi and my senior advised me that if I wanted , I could try my hand in Delhi and was welcome to join him back at any time if I felt uncomfortable. At that point of time my parents also thought that since my sisters and brothers were in Delhi, it would be easier for me. I had no difficulties in Delhi, though I came very reluctantly. Through my very best friend and his contacts I joined the office of Ms. Indu Malhotra, Senior Advocate (then an Advocate-on-Record).

    Delhi provides lots of opportunities, definitely better than any other city. Because you have trial courts, high court, administrative tribunal, MRTP commission (now Competition Commission, Competition Appellate Tribunal), CESTAT, Army Tribunal, etc. and of course the Hon’ble Supreme Court of India. So there is a varied practice and scope for every field.

    How was the experience of working with Ms. Indu Malhotra? How did it feel to interact with and brief some of the best seniors of those days?

    It was a great experience working with Ms. Indu Malhotra. She was one of the busiest Advocates-on-Record doing a lot of private work from Tamil Nadu, Kerala, Maharashtra, Punjab & Haryana, Himachal Pradesh etc. She was also the then Standing Counsel for the State of Haryana in the Supreme Court. That gave me a lot of exposure and I learnt how to draft Writ Petitions and Special Leave Petitions, do research work and brief Senior Counsels. We used to get a lot of appearance in court and that gave me ample opportunity. It was great to interact with and brief some of the best seniors of those days: Mr Kapil Sibal, Mr. Arun Jaitely, Mr P Chidambaram, etc. All these seniors would normally allow us to give our view points in every briefing and also discuss the strategy to be adopted while arguing the case. It gave me lot of confidence and exposure.

    In fact, once in the beginning, I had briefed a senior counsel where we were to oppose a stay in a Special Leave Petition as caveators, and the petitioners were represented by a batch of seniors. Those days, a caveator would never get a Passover when matters are called if the advocates for the petitioner are present. Even today many courts follow this practice. When this matter was called, the battalion of seniors were present for the Petitioner and I was seeking a Passover for our counsel since he was in some other court. Ms. Indu Malhotra was also busy in another court. But, the Passover was refused and the petitioner argued the matter for the interim relief. Due to the conference and guidance of the earlier day, I was successfully able to oppose the petitioners’ counsel and averted an interim order. This instance gave me a lot of exposure and it was only due to the experience of working with Ms. Malhotra.

    You then joined the chambers of Senior Advocate Mr. C.S. Vaidyanathan. What prompted this shift? Was there a change in the kind of work that was allotted to you?

    In August 1993, I joined the office of Mr. C. S. Vaidyanathan, Senior Advocate. Though I was learning a lot and getting to appear in court, I thought I had learnt Drafting to some extent and I needed to sharpen my skills in complete legal research and counsel work. I wanted to work under a Counsel so I could learn how to prepare arguments and improve my research skills.. So, I shifted from Ms. Malhotra’s office to that of Mr. CSV. The nature of work was different in the sense that there was no work involving the drafting of SLPs, going to the registry and briefing other counsels etc. Instead, we had to read files, which would come for the Senior Counsel engagement from different AORs, and prepare notes for the case and do research. We would participate in the conferences and prepare a list of dates and events and case law notes. Sometimes the briefs would arrive at the last minute also, so it was a learning of a different kind.

    Could you share with us any interesting case that you were a part of? How did you strike a balance between family and work?

    Mr. CSV is a fantastic and an amazing Senior Advocate. He is quick in his uptake, has wide knowledge and is a brilliant lawyer. There were several reported cases between 1992 to 1996 that he had appeared in, when I was working under him. There were several interesting cases. Amratlal Prajivandas case (SAFEMA case: 9 judges matter), Mc Dowell case etc., Jain commission after the death of Rajiv Gandhi were all good  and interesting matters where I got opportunities to learn.  I got married in the meantime, so I had to balance both family and office work. But, our working hours were not so bad and we had the flexibility to adjust our office working hours. My husband helped me a lot in all domestic work and so I was able to manage in office and at home.

    Did you require any preparation to appear for the Supreme Court Advocate-on-Record examination? How was the experience? What would be your advice to lawyers appearing for it?

    Yes. One has to plan and prepare for the AOR exam. I had put in a few hours of study every night for a period of about three months. I was not able to study on all days or do it at a stretch. In fact my son was born in 1994 and he was very small when I started preparing for the exam, therefore, it was difficult to concentrate and study. So I feel that a long time planning for few hours everyday will help one to pass easily. I was appearing for exams after a gap, so I was nervous while sitting in the first exam. Thereafter, I became comfortable. My advice to all the lawyers who want to write that exam is to read regularly and attend the classes conducted by the Supreme Court for this purpose prior to the exam. Answer all questions carefully and you can easily pass.

    What was your experience like, to practice in the newly established disputes redressal system under the Consumer Protection Act, 1986? How was it different, in terms of procedure et cetera from practicing in the Supreme Court and the High Courts? Which other tribunals do you appear before?

    I started getting cases in the National Consumer Disputes Redressal Commission. This is the apex commission which has now the jurisdiction for complaints more than Rs. 1 crore and also for appeals from State Commissions and Revisions. This has a summary procedure and evidence in original complaints are by affidavits only. It gives a quick remedy in respect of consumer disputes. It was a very good experience for me. In exceptional cases, they do send interrogatories. It is very easy to practice there if you are thorough with the Consumer Protection laws and related subjects. I used to appear in MRTP (Now Competition Commission, and Appellate Tribunal), CAT, and CEGAT (Now CESTAT).

     You seem to have been a part of cases involving sensitive issues like custody of children of warring parents. Could you share with us any experience?

    I have done a few custody cases. But, as a Mediator in the Supreme Court I have handled these more. They are very difficult to resolve and are usually fought bitterly. In matters of custody between husband and wife, the welfare of the child is always the paramount consideration.

     What responsibilities did you have as a panel lawyer for the Government of India? What exactly does a panel lawyer do? What kind of cases did you handle as a panel lawyer?

    I have been in the panel for the Central Government for many years. The nature of work differs from one panel to the other. There are drafting panels and appearance panels, and I am in the Senior appearance panel. We get the matters and we have to always be ready to appear. In case the law officers are not able to attend we will have to argue. I have handled various subjects like civil, service, criminal, narcotics, prevention of corruption cases, and constitutional law matters etc. It gives a great exposure and wide range of work experience.

    Could you tell our readers about the pro bono and socio-legal work that you have done? Do you also have any academic interests?

    I have been a panel lawyer for the Supreme Court legal services committee and did a lot of matters during 1996-2013. Now, I appear pro-bono for accused in the criminal matters concerning murder appeals, etc. I have been appointed as an amicus curiae by the Hon’ble Court in several matters-both civil and criminal. Other than that, I am a mediator in the Supreme Court. I attend cases in mediation for resolving disputes when they have been referred by court. These are all pro-bono.

    I like to read a lot. I used to be an honorary editor for the Supreme Court Reports (SCR) earlier. Now they have their own editors.

    You were recently designated Senior Advocate by the Supreme Court. Please tell us a bit about the appointment mechanism for our curious readers.

    I was designated as a Senior Advocate by the Full Court of the Supreme Court of India on the 23rd of April, 2015. As far as I know about the mechanism, we have to apply stating our experience and range of practice in sufficient copies to be circulated to the Hon’ble Judges. Then there is a mechanism by which applications, which have some minimum number of recommendations from the Hon’ble Judges, are taken to the Full Court meeting. Then there is a voting procedure by which it is determined.

    What all do you think led to your appointment as a Senior Advocate? Are there any specific benefits of being a senior? Is there a radical shift in the workload?

    I think hard work, sincerity, dedication, and consistency are some of the essential requirements. You also need a lot of blessings from the Almighty, your parents and elders. J There are no specific benefits of being a senior. In fact the responsibility is even more now. Of course, the nature of work is very different. Now, I neither need to do any drafting, nor write letters to clients! My nature of work is to prepare and argue cases, give opinions, settle pleadings etc. Sometimes briefs come in the last minute, so work pressure varies.

    There are very few women Senior Advocates in the Supreme Court. What are your views?

    Yes, there are very few women seniors in the Supreme Court. I feel that the general tendency has changed now. People have started recognising women lawyers and their good work. But there should be more designations and elevations from the women’s section. Women should also work harder and continue to work with sincerity and dedication. I am sure there is scope for everyone with hope, hard work, consistency and dedication.

    How can students wishing to intern under your valuable guidance get in touch with you? What qualities will you look for in an intern?

    I encourage interns and they can always write to me on my email if they need an internship. I look for interns with positivity, willingness to learn and work hard and with some basic knowledge of the subjects which have been taught in college so far. Honesty and sincerity are some of the essential attributes I look for in any intern/lawyer.

    The quintessential question: the NJAC or Collegium for appointment of judges?

    I will not be able to answer since I have been a part of the team on behalf of the Central Government in that matter and the judgment is awaited.

    What is your message for our readers, especially those who aspire to do counsel practice? What hurdles should they expect and what are your tips to tackle the same?

    My message to the readers is: Learn your lessons in college well. Read regularly. Read law related books and articles whenever you get time. Work hard and be sincere. Develop your communication skills and improve your vocabulary.

    Being argumentative does not mean that you will be a good lawyer. You have to be clear in your thoughts, talk only when needed in court, read latest case laws and developments in the law. Be good to all colleagues and be respectful. Dressing well does not mean dressing expensive. Make a good appearance, be healthy, and maintain discipline. There is no short cut to success. The legal profession is highly competitive. In case one is very serious and hard working there is a lot of scope.

    More than winning the cases one has to be honest and sincere to the client, and the court, work hard and suggest the best possible solution for the clients. People don’t come to us overnight. It takes many years, so be patient. Even if there is only one case, one has to take it seriously and do their best. There is a lot of work out there and if one wants to excel there is ample scope.

     

  • Ridhi Kabra, Trainee, Shearman & Sterling, on experience in Arbitration and winning 19th Willem C. Vis

    Ridhi Kabra, Trainee, Shearman & Sterling, on experience in Arbitration and winning 19th Willem C. Vis

    Ridhi Kabra graduated from NALSAR, Hyderabad in the 2013 batch. She went on to pursue higher studies from University of Cambridge after being awarded the Commonwealth Shared Scholarship. Her thesis presentation there earned her the Nappert Prize in International Law at the McGill University in Montreal. She has had experience of working with the International Arbitration Team of Shearman & Sterling LLP in Paris. She has been awarded TAPP Scholarship to pursue PhD from Cambridge University, which she will be pursuing later this year.

    In this interview she talks about:

    1. Her experience at NALSAR, winning the 19th Willem C. Vis International Moot Court Competition;
    2. The application process, scholarships, etc. for admission at Cambridge; and
    3. Her experience in Arbitration and at Shearman & Sterling LLP

     

    Tell us a bit about yourself. What motivated you to choose law for a career?

    I was brought up in Calcutta. I went to school at Mahadevi Birla Girls’ Higher Secondary School. I was lucky to be schooled there, because in the 90s my school was probably the only school that afforded students the opportunity to excel at academics and extra-curricular activities. In school, I was involved in swimming, skating, gymnastics, dance, music and a host of other activities. My mother played a huge role in giving me a holistic learning experience as a child. Outside school hours I would go for my bharatnatyam, Hindustani classical music and art training. This level of exposure had a considerable impact on my life, it taught me that being good at academics was never enough.

    Looking back, I think the reason I chose law was because I did not want to pursue the more preferred options among students of Calcutta- engineering, medicine, chartered accountancy, business studies. Since, I found these options very conventional, I began reading up on different career options and chanced upon law. Law appealed to the logical side of me. Having no lawyer in the family, it was difficult to understand what legal education meant. So I decided to join Prime to prepare for the entrance exams. It was during my coaching at Prime that I met a few lawyers who ultimately influenced my decision to take up law as a career.

     

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    Tell us about your college life at NALSAR. What all activities did you partake in?

    Since I had no concrete reason for taking up the study of law, I remember being quite lost in my 1st semester at NALSAR. I was part of the first batch of students to be admitted through the common law entrance exams (CLAT). To my good fortune, this meant that I was surrounded by exceptionally talented batchmates who helped me learn a lot.

    Since I do not come from a legal background, I started with a clean slate. NALSAR provided the perfect platform to explore different areas of law- so I went from being interested in intellectual property law in the first couple of years, to constitutional law and corporate law and then eventually to international law and international arbitration. For each of these areas of law I tried to develop my understanding better through a range of activities- internships, participation in various competitions, publications and the like.

    NALSAR gave me the foundation I was looking for. I credit NALSAR for giving me the opportunity to explore my area of interest, both within the classroom and outside. At NALSAR, I saw myself participating in both national and international moot court competitions, presenting papers at conferences and publishing research papers. The freedom to undertake these activities helped me develop me skills beyond what was taught in the classroom.

     

    You were one of the most exceptional students at NALSAR in your batch and have graduated 2nd in the batch with a few gold medals for being one of the batch toppers. Please give us a few actionable tips on managing higher grades.

    I think 5 years is a long time and it is very easy to lose sight of the bigger picture, therefore one must find reasons to stay motivated. I have always set goals/targets for myself, challenging yet attainable, and have worked towards achieving those goals.

    I have found it useful to pay attention in class. Listening to what professors have to say, irrespective of our own assessment of their teaching, and taking notes in class has worked for me. I have also found it useful to explore concepts in detail instead of learning by rote. In a field such as law, a little extra reading outside the class room can set the fundamentals in order and go a long way in developing a sound understanding of the law.

    Lastly, I cannot overemphasize the importance of organization and discipline. Having a planned schedule for the semester (or just for exam preparation), organized notes on each subject, etc. is half the battle won.

    Having said all of this, there is no set way to manage high grades and is an individual choice.

     

    You were a part of the team which won 19th Willem C. Vis International Moot Court Competition. What does it take to be a great mooter?

    I firmly believe that moot courts are a great way of learning in-depth about a particular area of law. Further, moot courts are a great way of developing one’s skills of applying the law to a fact situation. This is what drew me towards mooting in law school. From the 1st year itself, I began taking part in various national and international moot court competitions. I was fortunate to have wonderful seniors who were always willing to provide guidance. My moot court achievements are a direct reflection of the collective hard work, dedication and skills of the various teams I have worked with.

    Mooting being a team exercise, an individual is only as good as the team he/she works with. Since a moot court competition takes several months of preparation, it is important to have a good working relationship with your team members. The dynamics of the team reflect upon the preparation and performance at the competition. It is also important to start early and to start with the basics. For example: for the Willem C Vis Moot, we started our preparation 2 months before the moot problem was released. During this time, we focussed on strengthening our basics of the subject areas of the moot- arbitration and CISG. The team would take turns to discuss a particular topic, so that by the time the problem was released, we had our foundations in place and could delve into the issues that the problem raised. The process of cracking a problem aside, a good mooter is one who moots because he/she enjoys the process and is passionate about it; not because it adds some value to one’s CV.

     

    You have published a few papers in renowned journals and have won the Kachwaha essay competition twice in 2013 and 2014. How should one go about writing papers and getting the same published?

    Frankly, there is no fixed way to go about writing a paper. A research paper should address a recent legal development or a change that is desired in the legal system and present cogent reasons for the position being taken. A good paper/essay is one that has a clear structure in place, contextualizes the thesis, and then presents strong, well-reasoned arguments. I also believe in keeping the language simple, easy to read and follow. What is said about mooting applies to publications as well: you shouldn’t write and publish because it checks another box in your CV; you should write because you want to contribute to the debate.

    In order to get a paper published, prepare a shortlist of the journals/law reviews you want to approach. Each journal has their own requirement. Once you have modified your paper to meet this requirement, approach the editors of these journals/law reviews. The process is pretty simple, your paper is reviewed by the editors who then inform you if they are willing to publish your paper.

     

    Tell us how has moot court participations and paper publishing helped you in acquiring skills that are important for a successful legal career?

    As mentioned earlier, I have found moot courts to be the best way to explore and learn a particular area of law. Moreover, moots help develop various skills, ranging from academic to personal. Moots helped me learn how to apply the theory in practice, improve my legal drafting, build on the ability to work in a group and to handle competitive, high pressure situations. Moots have also taught me that presentation and perfection can leave a huge impact. Authoring papers has gone a long way in improving my legal drafting. It has also helped strengthen my research and analytical skills.

     

    After your graduation, you further went to the University of Cambridge to pursue your Masters. How did you apply for the University? What is the procedure to apply to the prestigious University?

    Application to the University of Cambridge is a two-step process. Application to the University has to be made by the middle of November via an online application form. The online application form consists of a range of questions that seek to assess your performance (both academic and otherwise) at the undergraduate level, your reasons to pursue an LLM and similar questions. The application has to be supported by 2-3 referees.

    Once the application form is submitted, the next step involves uploading all the relevant documents- transcripts, degrees, CV, etc. At the same time, the University approaches the referees requesting them to upload their recommendations.

    Offers of admission are made by the University around March-April.

     

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    How did you opt for University of Cambridge? Which other Universities were on your shortlist?

    Given my interest in public international law, the University of Cambridge was an obvious choice. The list of international law courses offered by Cambridge is unparalleled and is supplemented by ad-hoc lectures and seminars by visiting academics and practitioners.

    The only other university I had applied to was the University of Oxford. Between the two, the choice was made based on funding. Since Cambridge offered me a full scholarship before Oxford, I chose to study at Cambridge.

     

    What are the top three things one should necessarily do in order to get successfully inducted as an LL.M. candidate?

    If I had to prepare a list of the three things that are most important, they would be the following-

    1. Consistent record of good academic performance– While Cambridge does not give undue importance to academic performance like the University of Oxford, candidates are still expected to have a consistent record of academic performance. This means, you must aim to be in the top 5-10% of your class.
    2. A well-rounded CV– The application form requires you to furnish details of your achievements, work experience, research projects undertaken and awards secured. This is to ensure that the selectors can undertake a holistic review of your achievements, instead of limiting themselves to your academic performance. It is therefore important for the application form to reflect that you have excelled outside the class room.
    3. Reasons to do an LL.M.– Your application should highlight the reasons you want to do an LL.M. For instance, I have always been interested in pursuing academia and that was reflected in my application.

     

    How was the academic schedule? Was there a lot of academic work? Tell us about the courses which you have undertaken during your LLM at Cambridge.

    The rigour of the academic schedule is based on personal choice. The classes are organized in the form of lectures and small group sessions. For each lecture, students are assigned readings; while for the small group sessions which focus on delving deeper into the subject matter, students have the option of submitting an essay. The Faculty does not believe in enforcing its rules on graduate students- the idea is to be responsible for your own work. What this means is that you’re free to sit through the lectures without reading or attend a small group session without submitting an essay. However, I found sitting through lectures and seminars without reading to be quite unproductive, and therefore sought to spend a few hours on my readings everyday. Students are expected to choose 4 subjects. Each subject has a 2-hour lecture every week. Small-group sessions for each subject are generally held once / twice a month.

    I chose a combination of commercial and international law courses- settlement of international disputes, law of restitution, competition law and corporate finance law. The idea was to study a combination of subjects I wanted to specialize in (international law) and subjects I did not get the chance to study at the undergraduate level (law of restitution, competition law).

     

    Given that you went to Cambridge on a scholarship, you must be having a fair idea about various scholarships; it would be great, if you could tell us about those to our readers intending to apply for scholarship.

    As a law student, the Commonwealth Scholarships are the most prestigious and widely available scholarships for Cambridge. There are 2 ways to secure a Commonwealth Scholarship- you are either nominated by your home country (India) or the University itself. For the former, application deadlines are generally around the first week on November; for the latter, the scholarship application is sent with the university application.

    Apart from the Commonwealth, each college at Cambridge has its own set of scholarships. It is best to conduct an online search on the ‘fees and funding’ page of the Cambridge website to get a sense of the scholarships available for the year of study, since some scholarships may not be available every year.

    The Cambridge Trust also offers a host of scholarships- either in conjunction with the Commonwealth Commission or in conjunction with a college. There are a few scholarships specifically available to Indians, and there are others open to all international students. The Cambridge Trust also provides part funding to students with a demonstrated financial need. Again, it is best to check the website of the Trust for updated information.

    Other than the above, there are a number of trusts in India that have also set up their own scholarships. The Inlaks Trust, the OCSI, the Ratan Tata Foundation, the Aga Khan Foundation, etc are some scholarships aimed at Indian students intending to study at any University outside India.

     

    You were awarded the Commonwealth Shared Scholarship for pursuing LLM at Cambridge University. Tell us about it.

    The application process is divided into two steps. As a first step, you must specify that you wish to be considered for the Commonwealth Scholarship in the application form to the University itself. The University application form requests every candidate to submit a 500 word essay to support their scholarship application.

    The University then creates a shortlist of the students who are to be considered by the Commonwealth Commission. Once the University informs you that you have been shortlisted, you are invited to complete the Commission’s application form. Since the Commonwealth looks for candidates interested in making a difference to their home county, the application form consists of questions that expect you to outline how your country would benefit from your education, etc.

    The Commission then decides on the merit of the applications and the successful candidates are informed towards the end of June.

     

    You did a thesis on settlement of international disputes under the supervision of Dr. Michael Waibel for your LLM course. How was the experience working under his supervision?

    Michael is an amazing supervisor. He understands that the thesis is the work of the student and therefore refrains from enforcing his own opinion. Instead, he debated each argument with me, playing the devil’s advocate sometimes, just so I could look at the issue holistically. He also challenged my thinking by presenting hypothetical situations to ensure that my work was forward-looking. Michael also doesn’t believe in spoon-feeding his students. It is the student’s prerogative to approach him, and decide how best to use the supervision time allotted.

    I also find Michael very approachable. No question is a stupid question for him. He is very patient and is always keen to provide guidance on various matters.

     

    Your thesis was awarded the Nappert Prize in International Law and you were invited to present your paper at McGill University in Montreal law. How did you go about achieving this?

    The Nappert Prize has been instituted by Sophie Nappert, along with the Faculty of Law at McGill University. I was informed of the prize by Michael, who suggested that I could send my thesis for the prize.

    After tweaking my thesis to meet the requirements of the prize, I sent my submission in May 2014. All submissions went through a three stage review. At the first stage, the essays were reviewed by Prof. Andrea Bjorklund of McGill University. The essays shortlisted by her were then sent to the jury which consisted of Professor George Bermann, Teresa Cheng, Professor Cordero-Moss, José Ricardo Feris, Meg Kinnear and Philippe Pinsolle. At the second stage, each essay was reviewed by 2 of the 6 jurors. To be shortlisted for the third stage, each essay had to be approved by both the jurors. Finally, the last stage involved the shortlisted essays being reviewed by all 6 jurors.

    I was informed that my essay was awarded the Nappert Prize in August 2014. As part of the prize, I was invited to present my essay at a symposium held by McGill University. The symposium was part of a conference on the Canada-EU Free Trade Agreement. Needless to say, I found the opportunity to present my work in front of some of the stalwarts of the field to be an enriching experience. In particular, I found their feedback on my work very useful.

     

    Do you think that the Indian law universities need a change to match up to the standards of foreign universities? What can be done in order to make NLUs more conducive for learning? How do you think Indian Universities may improve the education regime?

    I would be writing a short thesis here if I attempted to answer the above questions comprehensively. There is a lot that Indian universities can do to provide a healthy learning environment- by which I do not just mean improving the standard of teaching.

    I have said previously that the Indian education system lacks vision. Enough importance is not given to individual, original, analytical thinking. A lot of the blame for this falls on the lack of innovation among the faculty. A good example would be the answers expected in an Indian law school exam. Professors expect students to find the ‘right’ answer to a problem, failing to realize that, in most cases, the law may be open to multiple ‘right’ answers and it is the ability to identify these multiple interpretations that a professor should be marking. Analytical thinking is developed by mandating regular readings, introducing recent developments in the law into the classroom and encouraging students to submit written work on questions that they find interesting.

    Indian universities also need to invest in attracting talent towards academia. In the current system, academia is looked at as a last resort, for a host of reasons- the pay is not satisfactory, younger members of faculty are not allowed to teach their subject of choice, most institutions do not have access to some basic legal resources (books, online databases, etc.) and for a law graduate starting a career in academia, it could be a major obstacle to conducting research and producing good work.

    Also, foreign universities place a lot of importance on providing guidance to students. I have had law students asking me the “correct” way to structure a research paper, to work on cracking a moot court problem, to apply for internships etc. There is a lot to be learnt from the manner in which assistance is provided abroad- there are dedicated cells to assist with any and every problem that a law student may face, regular workshops to teach students how to conduct research or write a paper and a formal system of coaching for moot court activities, dedicated tutors and mentors to provide individual assistance, etc. This is a model that Indian universities would do well to emulate.

     

    You have worked with the International Arbitration Team of Shearman & Sterling LLP in Paris. What drove you to take up work in a law firm?

    The intention behind joining Shearman & Sterling was to gain some practical experience before starting my Ph.D. and shifting to academia. Almost everyone I spoke to during my LL.M. advised me to commence my Ph.D. only after I had gained some practical experience. I had applied to Shearman & Sterling while at Cambridge because Shearman has one of the biggest arbitration practices. The application process, which involves 2 rounds of interviews (the first by an associate and a counsel, and the second by a partner) took about 6 months.

    While at Shearman, I got to work on both commercial and investment arbitrations. Commercial arbitration is more experimental- there is more scope to strategize and innovate. Investment arbitration on the other hand, is slightly more rigid- the broad contours of the arguments are more standard. I was involved in various stages of an arbitration proceeding- from discussing the strategy, to drafting memos and claims, to filing. Such a wide range of exposure ensured that I understood the arbitration process thoroughly- something that I look forward to using in my Ph.D.

     

    What’s your take on work- life balance? How do you go about it?

    In a field such as ours, where work hours tend to get crazy, I think it’s very important to maintain a work-life balance. I think I learnt the art of balancing work and life while at Cambridge. If there’s one thing we Indians should learn from students abroad, it’s that. They know how to get the maximum out of a day.

    I don’t really have a standard formula. I generally believe in a disciplined life and try to keep a very comprehensive schedule of things that need to be done on any given day. As far as I can, I try not to compromise on anything.

     

    You are going to start your Ph.D at Cambridge later this year. What benefit can the arbitration practitioners derive out of doing Ph.D?

    Strictly speaking, arbitration practitioners (counsels) do not gain much from a Ph.D. Generally, law firms require lawyers with basic skill sets, i.e. lawyers who have an undergraduate degree, because most of the training is on the job.

    A Ph.D. is preferred by people looking to pursue a career in academia.

     

    You bagged TAPP scholarship and got a full scholarship to pursue Ph.D from Cambridge University. How did you get to know about it? What is the application and selection process? What is essential for one to succeed in his/her application? Please share details of the scholarship with us.

    The W.M. Tapp Scholarship is provided by Gonville and Caius College (G&C). A simple search on the University’s funding page is sufficient to identify the scholarships available. I chose to apply for the Tapp Scholarship because I was looking to have my education fully-funded and was not allowed to re-apply for the Commonwealth Scholarship.

    In order to apply for the Tapp Scholarship, you need to first select G&C as your preferred choice of college in the University’s admission form. This is because you need to be accepted by G&C to be eligible for the scholarship. The next step is to submit a specific application to G&C. For a doctoral degree in law, the research proposal has to be attached to the application form. The application has to be supported by two letters of recommendation, preferably by professors you have studied under/worked with. It is important to have at least one recommendation from a professor who taught you during the LL.M. course.

    The Tapp is a very prestigious scholarship for law students. The basic requirement to be awarded the scholarship is a 1st in your master’s degree (or its equivalent). For a doctoral degree, the area of research should be novel, you must have prior publications and a well-rounded CV. The references also go long a way in supporting your application.

     

    What would be your advice for the students planning to pursue higher studies?

    Follow your heart, do not let others influence your decision. Dream big and persevere to achieve those dreams, don’t be side-tracked by minor obstacles. There is a lot of help available, do not be afraid to ask.

    And, use your education to contribute to the (legal) community in whatever small way you can. We can truly make a difference if each one of us makes a small effort to improve the education system in India.

     

  • Augustine Chatterjee on setting up independent litigation practice and being a junior litigator

    Augustine Chatterjee on setting up independent litigation practice and being a junior litigator

    Augustine Chatterjee graduated from University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University in the year 2011. An avid debater, he participated in a number of events throughout college. He wanted to enter litigation right from the offset and set up his independent practice within 8 months of his enrolment. His area of practice is civil law, specifically property disputes and commercial transactions and his work is primarily before the trial courts.

    In this interview, he talks about

    • How to gain the most from college
    • The phase of setting up an independent practice
    • Attitude of judges towards new entrants into litigation
    • Important skills for the field of litigation

     

    What would you say was the main force behind the decision of taking up law as a career? As a student, what were your expectations from the profession?

    For me taking the decision of pursuing law was only because I miserably failed in almost all my subjects during my plus 2. Science was never my thing I guess. Back in those days, my opinion about law and courts was primarily based on what is shown on TV and in movies. Since I was an avid debater throughout my school life, I chose law as I felt that the ability to convince or win over one with your argument and speaking abilities is what probably could help the most.

    I expected nothing short of a lot of excitement from the profession. The ability to be able to help the common man and that too while speaking in a room full of people when everyone’s attention is on you is nothing short of brilliant. Of course now I’ve gotten used to the feeling. But even then had always expected good things, and so far I’ve been happy with the way it’s going.

     

    According to you, what was the most relevant thing you were able to take away from your 5 years at law school?

    I’m not a very ardent admirer of the term law school. I feel it’s a very foreign concept which is not necessary to be used here as well. Here in India school is something different and college is something different. Even though my college itself is called University School for Law and Legal Studies, but even then I much rather prefer using the term college instead of school.

    I never bothered to study even a single aspect or concept while in college. Most of my preparation for exams was from Dukkis and Kunjis and with the sole purpose of passing the exam and not retaining any knowledge. So I really cannot aver that I imbibed something academically.

    However, one thing which might sound a bit unconventional is that I carried with myself a lot of memories and bonds. Most of the other courses, especially non-professional courses are not that long and hence people don’t really get that much time to know each other.

    Here in law, those 5 years make you a totally different person and hence what I came in as is absolutely opposite to what I walked out as. Similar is the case with my friends. So I guess, the friendships and ties which I established during those 5 wonderful years is what strikes me as the most relevant thing I got from law college.

     

    When and how did you finally decide upon litigation as the area you wanted to enter professionally?

    To be very honest I think it would be when I saw Govinda throw a rubber snake at a judge in some movie, to prove the theory of self-defense.

    However on a serious note, since the first day that I had decided to do law, I knew I wanted to be a part of the courts and the surrounding environment. So the time of the said decision would be somewhere around the later stages of my class XII. The said decision, as I mentioned earlier was purely because of an extremely layman’s point of view towards the entire ordeal as I thought law was all about speaking eloquently in court and winning admirations from people listening to you.

    The mandatory prerequisite of having to study and actually know the law before speaking in court never struck me until I entered the profession. But once I became a part of it, the studying did not seem so bad.

    In the world of courts, the more you know the higher chances you have of gaining money and respect. So that way reading has more incentive as compared to college where the only incentive was clearing the exam. My decision to do litigation was based primarily on my attraction towards public speaking since a young age and I guess litigation gave me that.

     

    Please tell us about your debating experience in law school. What all were you able to take away from such experiences into your professional life?

    Debating was a passion since school. I chose to continue the same during college as well. Debating was extremely fun for me. Not just because I got to do what I liked, but also because many of the major debating competitions were hosted by colleges who were based out station away from Delhi and hence the participation in such contests actually involved planning trips to the said places with friends. I travelled to at least 6-7 places in the course of debating including Kolkata, Pilani, Bangalore and Chandigarh and had a blast on all of these trips.

    Debating definitely keeps the speaker inside you alive. That in turn boosts your conversational skills, ability to build an argument structurally and also the ability to present it in a way that it convinces the listener. This in turn helps a lot in litigation. For those who are looking to debate, don’t think twice. It’s a great experience with lovely excursions and brilliant moments.

     

    For someone looking to enter litigation, what would be the most important thing to look for in internships? Please tell our readers about some of the internships you did in law school.

    Most of my internships during Law College were spent either loitering around the courts with friends or sleeping in Air conditioned CBI Court rooms. I was never serious about those internships back then. I didn’t even know what I was doing there. I used to go there only because my friends were doing the same. Had I been a tad bit serious about my internships back then, it would have helped me a lot more now in my career.

    If you seriously seek to pursue a career in litigation, make sure that from your first to your fifth year you take advantage of the duration of the course and get an experience of every sphere of litigation. Invest one month with a trial court advocate. Learn the basic working and functioning. Then the next time join an advocate working primarily before the HC.

    Most lawyers practice all over the city and not just trial courts or at the High Court exclusively. So you could join a lawyer who practices before both and see how that works for you. By the time you’re in your fourth year try following up someone to join them at an internship at the Supreme Court. Then once you’ve seen how things are at all levels, choose where you want to work professionally. Remember that your decision to be at a particular place might differ while you’re interning for a fixed or not stipend as opposed to when you’re working full-fledged to build a career.

    One thing I specifically suggest is not to feel that interning at the trial courts is below your level. Unless you know how things are at the grass root level you won’t be able to learn anything substantial. Many High Court lawyers often complain that the reason while appeals do not stand before the High Court is because the case wasn’t handled properly at the trial. So focus on learning and joining a senior or firm where you are entrusted with work and get to learn stuff rather than walking behind seniors while carrying files. Don’t run after brand names and big shots just to get that tag as it won’t help you in the long run.

     

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    Please tell us about the area of law in which you do most of your work. How does one decide upon the specific area one intends to take up ultimately?

    I deal with mostly matrimonial and civil disputes. Amongst civil disputes I like to believe that I specialize in property disputes as well as commercial recoveries. As such I chose to specialize in this line because I personally find civil law very interesting. In my opinion, it is extremely vast and involves the most complex appreciation of law, especially codified laws. I am an ardent admirer of the way the Indian Courts interpret civil statutes and hence look forward to handling as many civil cases as possible. I do a bit of criminal as well.

    Deciding on what kind of work you wish to take up while specializing depends on totally on what you enjoy practicing the most. Matrimonial law is relatively easy and routine. But it’s financially rewarding. Criminal matters offer hefty earning opportunities during bails. And of course in civil cases, people literally shell out pots of money if the property they’re fighting for is actually worth it. So it can be said that monetary gains exist in all spheres. Even arbitration and other forms of relatively lesser practiced arenas pay well. So where you specialize depends totally on which part of law interests you the most. It actually depends from person to person.

     

    What would you consider as being the toughest challenge you had to overcome while setting up your own practice?

    The toughest challenge out rightly would be to get work. As much as I like to regard what I do as a profession, it is also in some way a business. Every month I have to spend a fixed amount on expenses such as rent, bills, personal expenditure, staff salary etc. So the outgoing debit is constant. Now during some months, when the incoming is not so high, the profit ratio becomes low and so do the opportunities to save money.

    Hence during the initial days, if you are a first generation lawyer, you might just have to go through a tough time. In fact that’s an understatement. Right at the beginning, there may be months where you sit alone in your office or chamber waiting for work, but to no avail. People generally tend to harbor this myth that the older the lawyer, the better are his skills, which is the biggest fallacy possible. Lawyers perform on knowledge and not age. No doubt that experience plays a huge role. But that is not the only criteria.

    A young gun who knows what’s where can equally do well. But unfortunately clients don’t know that. So those times I mentioned where you sit alone without work, don’t get disheartened. Study, study and study. Invest that time in learning, both theory and practice. If you don’t have the guts to go through that initial phase, then seriously don’t opt for first generation litigation.

     

    Most students looking to take up litigation today are concerned about the duration of time it would take them to make their own place in the field. What are your thoughts on this?

    This is probably where I reiterate what I mentioned above. The duration of time cannot be determined as a thumb rule. Struggle is a relative term. For some people earning around 70K a month is a struggle while for some it’s a Pandora’s Box.

    But yes there is a huge buffer period for a first generation lawyer in litigation. Not just that for those looking to make it absolutely on their own, managing to get real estate and a set up for an office is also a task.  But even then, all things said and done, if your heart and mind is absolutely set for litigation, then you probably wouldn’t mind the initial few years where you might have to substantially reduce on those weekly club visits and that expensive apparel.

    If you want to struggle, it will take a lot of time. Neither is there any assurance that it will eventually work out. I still don’t know whether it will work out for me or not. But if you’re really up for it, then it’s worth the wait and the suspense. Build as many contacts as possible, try and maintain a decent friend circle (non-lawyers preferably), and focus on building yourself as a lawyer by polishing your skills over time.

     

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    How balanced would you say is the attitude of the judges, especially towards the new entrants in the field. Are there any memorable moments that you would like to share?

    Judges are also people. Many of them were advocates at some point of time and all of them were law students at one point of time. So there’s no reason to be intimated of judges at any point of time. They are sitting there to impart justice just like you. So if you do your job on time, don’t pray for unnecessary adjournments and be diligent and respectful towards your approach, judges shall treat you very nicely.

    In fact young lawyers are often let off easier as compared to middle aged advocates. But don’t expect judges to forego and condone it if you simply appear for seeking dates unnecessarily as proxy towards your senior.  Know what’s written in the file, be prepared to argue the matter in case the judge isn’t keen on adjourning and always be up to date with what the law concerning the case is. That way you are no different than your senior and hence can manage to replace his place in case he or she isn’t there. Hence no need for the adjournment and no reason for the judge to tell you off. This is just an example.

    There are many other ways in which you can make sure that the judge is satisfied with your work. Those you shall learn once you’re a part of the profession. But always remember. Don’t try to outsmart judges. They too are smart enough to be able to see through stuff when you’re trying to pull one off with them. Be fair and most importantly be honest. Judges are generally nice. Be respectful while addressing them. Do your homework on time. Don’t demand things from them. They’re not obliged to grant you anything. Yet they are obliged to afford opportunities to you in case you wish to delay the proceedings for some genuine matter. Judges and lawyers are part of one system i.e. the judiciary. No reason to consider each other separate from each other.

    I’ve been on both sides of the coin. Once when I tried to appear in a court without being enrolled, I was told off very badly. Yet once a judge declared in an open court that my argument was probably the best one she had heard the entire year. So no memorable moment in particular. But so far so good.

     

    What are the most important factors one should keep in mind while attempting to build a respectable clientele?

    This again is a very tricky aspect. Clients treat lawyers like desserts. If I put a cake in front of you, and it just appears to be bread and cream, you wouldn’t want to have it that much irrespective of how much I assure you about it being delicious. But if I put ten different coloured frostings on it, add some colours, different flavours and fruits and all that jazz, your mouth will water and you’ll want that. The appearance will make you want it so much that you shall give it the benefit of doubt by assuming that it must taste good.

    Similarly, if a lawyer has an ironed coat, parker in his pocket, an iPhone in his hand and a Rolex on his wrist, clients will automatically assume that he is wonderful in court. It seems cruel and materialistic, but trust me it’s true. No client knows of your skills prior to engaging you. Most of them come by word of mouth or through contacts. So during the time when they’re trying to figure out whether they want to engage you or now, they judge you based on your appearance and your office environment. It’s cruel and demeaning but that’s how they judge you. You don’t have to buy all that expensive jazz just to impress clients. But then make sure you are prim and proper most of the time. Also make sure that you come across to be confident and dominating.

    As far as building clientele goes, make sure you try and meet as many new people as possible. Make sure they all get to know that you are a lawyer. If necessary, fight a few cases pro bono so that you gain their trust. Maintain a good network amongst nice educated people. Also join a club or a gym where you might meet new people.  Basically it’s all about advertising and how you can manage to do it subtly and not overdo it to make it appear as if you’re trying to sell yourself.

     

    How important would you say are higher studies, for someone looking to enter litigation? Consequently, how beneficial do you consider higher studies for other fields that a student might consider taking up?

    I personally think it doesn’t help if you’re looking to go independent. The money and time you invest in higher studies can be utilized by you during the initial struggle, if you’re first generation that is. Firms too judge you mostly on your experience and not your qualifications. As such litigation is more about practical aspects and not just theoretical knowledge. So personally I doubt it helps that much.

     

    On a lighter note, what would be the one piece of advice you wish someone had given to you while you were in law school?

    Invest thirty percent of your energy in studying because that is very important and will definitely help you eventually. Invest the remaining seventy percent in enjoying life. Party with friends, go on trips, fall in love and paint the town red. Because that time of your life will never come back, no matter how much you try.

    But most importantly invest hundred percent of yourself in becoming a better human being. Unless you’re a good person, you can never be a good lawyer.

     

     

    This interview was taken by: Arjun Rekhi, II Year, GGSIPU