Author: Donnie Ashok

  • Tanushree Nandan, Partner, Red Ant Realty on work at DLF and Genpact and starting Layman’s Lawyer

    Tanushree Nandan, Partner, Red Ant Realty on work at DLF and Genpact and starting Layman’s Lawyer

    Tanushree Nandan graduated from Symbiosis Law School, Pune in 2007. She went on to join DLF Ltd. On of one her trips she realised that there is a need to fill in this massive gap between a layman and a lawyer and she started the “the layman’s lawyer”. Currently, she is a designated partner at Layman’s Lawyer LLP an online legal service provider, and she is also a Partner at Red Ant Realty.

     

    We asked her about:

    • Experience at Symbiosis
    • Her subsequent jobs at DLF and Genpact
    • Her dream project The Layman Lawyer

     

    How would you like to introduce yourself?

    I am a lawyer by education, an entrepreneur by profession and a traveller by choice!

     

    What inspired you to take up law? Did you have to deal with any resistance from family or friends while making that decision?

    (Taking up legal education has not been a popular choice in India with the prime focus on STEM disciplines.)

    Why did I decide to be a lawyer? Boy, that’s quite a story! It was a tiny little thing. My father told me I ought to be an engineer just like the rest of my family because then I would have the support of my family to launch my career. That my father thought me incapable of making a career for myself, even though I was a confident and self-sufficient girl (thanks to him, in fact!), a reasonably good student, excellent at co-curricular & extracurricular, etc. jarred my ego!

    Most of my school friends also thought that I should be an engineer (because of varied reasons: engineering runs in the family; the medical profession is too daunting) although it never bothered me that much, the peer pressure was against legal studies too! In fact, only one of my close friends took up law – for the rest, it wasn’t even an option.

    So, I knew the expectations of my family & friends. After my 10th boards but before beginning with the 11th standard classes, I had to decide whether I would at all take up science for my 12th which I did not want to, due to several reasons. One, I wanted to rebel and prove my worth by making a career all on my own. For another, I found the science subjects fascinating, but they did not seem irresistible to me.

    Commerce, on the other hand, really excited me. I started spending hours in the school library and the computer lab, trying to read up on career choices after 12th for a commerce student. The obvious choices, of course, were CA, CFA, CS, so on and so forth, however, it was legal studies that caught my eye.

    The more I read about the legal profession, the more I became convinced that lawyer was what I was meant to be!

    To say that I faced resistance at home would be an understatement! When I told my parents of my decision, they went through a range of emotions, utter shock, disbelief, rage, and then resignation. Kind of like, well, if she wants to spoil her own life, what can we do?

    I wanted to prove them wrong and show them I was making the right decision with all my being!

    I started by qualifying in two of India’s best law schools – Symbiosis Law School (under SIU) Pune & NALSAR Hyderabad!

    It just so happened that Symbiosis informed me first – so I went to Pune. Never regretted it and never looked back! And neither did my parents. From the time I got through to Symbiosis, they became quite proud of my achievements.

     

    Did you take part in co-curricular activities while in college? Can you please share with us your experience and opinion on the importance of them in a law student’s life?

    Yes, of course. I participated in national inter-college moots (Raj Anand, BACL Nagpur’s annual moot, etc.).

    They were super enriching – the thrill of the competition mingled with the satisfaction of making new friends. It also taught us a lot of things that aren’t discussed in classrooms – teamwork, balancing grade-work and co-curricular, optimum utilisation of resources, and how to handle sleep-deprivation. These all come in quite handy in a lawyer’s professional life. Especially the sleep-deprivation part!

     

    How did you develop an inclination towards corporate laws? What were your other areas of interest during your legal education?

    It was when I was reading up on the legal profession after 10th, and I decided to take up law… to be a corporate lawyer was a very early decision for me.

    As I advanced through the course, I also became interested in IPR and international business laws. I had those subjects as my specialisation as well. But luckily for me, I never a found reason to waver from corporate laws.

     

    Internships provide students with their first exposure to the practical aspects of the legal profession. Could you tell us about the internships you took up, and what you learnt from those experiences?

    I had very exciting internships! I interned with Senior Advocate Mohan Parasaran when he was the Additional Solicitor General of India. This internship gave me a direct insight into a practising lawyer’s life and the proceedings of high profile cases in the Supreme Court of India.

    I interned with the Mumbai office of Kochhar & Co. twice, during which I worked mainly with corporate issues, consumer cases, and also attended an international commercial arbitration. I was taken under the wing by Kamni Ahuja and Sony George.

    I also interned with Luthra Anand & Associates in New Delhi twice. These mostly taught me that marriage is dangerous! J

    I learned a lot there from Sanjeev Sahay and Geeta Luthra. Although, I did not get a chance to work with Pinky Anand, I think she’s totally awesome! I also worked with K. R. Chawla in New Delhi once – it was mostly corporate matters, legal opinions and the like; and with S. Jalan & Co. in Kolkata once too, mainly on land matters.

     

    Tell us about your early professional experiences at DLF Limited. What have been the main takeaways you have had from your time there?

    I got through to DLF through campus placement. I worked with some superb seniors there – Ms Suneeta Kar, the Eastern Regional Legal Head, was my immediate supervisor. She taught me everything I needed to know about land laws in West Bengal. Mr Surajit Roy & Mr Subha Chakrabarti, who were leading Business Development and Projects in East India, taught me how to balance legalities with business interests. Suneeta left for a better job within a year of my joining, so I kind of by default had to take up the mantle of the Eastern Regional Legal Head. Less than a year of PQE and heading the legal side with such senior and experienced professionals like Surajit & Subha was terrifying in the beginning! That was when Harish Sehgal (then Executive Director – Legal) & Poonam Madan (my immediate supervisor) really helped me grow, giving me the confidence to speak my mind without being intimidated by such senior people. As I let go of the fear, I realised Surajit & Subha were fun, nice people that my fear was only in my mind!

     

    In deciding between Corporate and Litigation practice, what are the parameters that you considered?

    I never wanted to be in litigation. In my opinion, the ratio of exciting cases versus dull, repetitive cases is quite sad! My internships also reinforced that – except with Mr Parasaran, most cases I handled were pretty routine and required no innovation.

     

    How have you diversified your work profile during your tenure at Genpact? What did you enjoy most about working here?

    Oh, a lot! While DLF was only about land matters, Genpact was a whole lot more. I worked with national and international contracts, both as a service provider and a service recipient. I was the Eastern Regional Legal Lead there too – I was responsible for all things legal in East India. So I also worked very closely and extensively with the HR team, handling employee issues, disputes and complaints.

    Compliance management & litigation management were part of my profile too.

     

    What prompted you to start The Layman’s Lawyer?

    Another funny story. I love travelling. Once, I was in this über cool resort, The Misty Mountains, in Uttarakhand. It was literally in the middle of nowhere, some 10 km away from the nearest village, nestled amidst the Himalayas. I was so in love with that place I wanted to stay there forever! And I thought to myself, how can I be a lawyer and stay here at the same time? That’s when it struck me – hey, there was nothing but nature around, but there was internet! And we have very few online legal service providers in India, and the ones that are there are more a marketplace for lawyers and potential customers.

    I discussed this idea when I got back with my co-founder Shankha, who by the way is also a Symbiosis grad from my batch, and we got going to make remote legal services a reality.

    That’s how The Layman’s Lawyer was born!

     

    Can you please share with our readers your work profile so far at The Layman’s Lawyer?

    The Layman’s Lawyer is trying to make legal services available to the common man (aka “layman”) in his pocket! You need legal services? A phone and internet – that’s all you need to get it! We are concentrating on the non-litigating sector of legal services – drafting, vetting, opinions, compliances, para-legal services. Anyone, individual or business organisation, can use our services. Right now, we operate out of a website – www.thelaymanslawyer.com –and we’re planning to introduce an app soon.

    What does a typical working day look like for you as the Designated Partner? How do you cope with the pressures associated with your position?

    Shankha and I are managing pretty much everything on our own now. So we have our hands full with not only client deliverables but also networking, PR, marketing (whatever little the law allows us!) we often end up working for 18 hours a day! But it’s all good and satisfying – The Layman’s Lawyer has been very well received in the market.

     

    Given the dynamic nature of the field you practice in, how do you keep yourself updated about the latest developments in the law?

    We read! Magazines, journals, articles, opinions, newspapers, etc. Whatever we can find! I don’t think that there is any other way.

     

    What books, judgements that you have read would you say have played an integral role in shaping your legal philosophy?

    I am a voracious reader. I read hundreds of books each year.

    It is not one book or judgment that has influenced me – there are many! If I start, I won’t be able to stop naming them.

     

    What are the causes you feel strongly about?

    I feel strongly about pretty much everything! But I guess the thing that motivates me the most is liberty – we have fought long and hard to be free, and yet we don’t seem to be using our freedom very well. Bans and slurs on what we say, what we eat, what we see, what we wear, who we sleep with when we sleep with them they all depress me. I mean, is this the best way to “cleanse” or “purify” society or whatever? Are we free?

     

    How do you manage your time between your professional and personal interests? What are your interests outside law?

    Personal life? What’s that??! J

    I love travelling and driving. In April this year, I was part of a team of Indian men and women (and a super cool British woman) who drove from India to London, United Kingdom. We crossed 18 countries including India, it took 50+ days to get there. It was awesome.

    During this time Shankha managed the entire operations of The Layman’s Lawyer by himself. I chipped in from time to time as best as I could.

    I do the same when he requires some personal time.

     

    Where would you like your career to take you five years down the line?

    We hope to take The Layman’s Lawyer global by then. Wish me luck!

     

  • Shravan Kumar Bansal, Senior Partner, United IPR on building a successful practice in intellectual property law for over a span of two decades

    Shravan Kumar Bansal, Senior Partner, United IPR on building a successful practice in intellectual property law for over a span of two decades

    Shravan Kumar Bansal qualified in law from the Campus Law Centre, Delhi University in 1989. Shravan is a science graduate in the field of Botany, Zoology and Biotechnology and armed with a degree in Law and substantial expertise in patent litigation he is a renowned expert in IPR litigation, counterfeiting and Anton Pillar actions.

    With experience spanning over two decades in litigation he also has expertise in prosecution and enforcement of patents, trademark and copyright cases. He advises clients on diverse aspects of intellectual property including ownership and enforcement matters in India and abroad. He is on the panel of number of Indian as well as international companies and trade-oriented organizations. He is an active member of accredited International IPR organizations and has to his credit several landmark IPR reported judgments passed by different courts in India.

     

    In this interview, we speak to him about:

    • His journey as a litigating lawyer
    • Importance of IPR in the contemporary times
    • The task of taking over family legal practice
    • His experience with international IPR organisations and landmark judgments in India

     

    How would you introduce yourself to our readers? Do you come from a family of lawyers?

    I do come from a  family of lawyers, and I belong to the third generation of lawyers in my family. My grandfather was a leading taxation advocate and the Intellectual Property practice was started by my father in 1954. Practising solely in the field of IP Law since 1954, we happen to be one of the first full-service IPR Law Firms in the country dealing solely and dedicatedly in IP Law.

     

    What motivated you to pursue law after pursuing the sciences? How did you realise your interest in the legal field? How was your experience at law school?

    Science was a subject of personal interest to me as I have always maintained that studying science opens one’s mind to greater curiosity and spirit of inquiry and develops analytical ability in a person which really helps a person in any and all spheres of life and profession. Studying science at the graduation level in the field of Botany, Zoology and Biotechnology has really helped me in Patent Litigation matters and Patent Filings/Analysis of inventions in my profession. My interest in the legal field developed when I was quite young as I was watching my father argue important matters in the court, which gave me a sense of passion and pride and made me want to follow in his footsteps. My experience at law school was one which is difficult to forget, having a great time with friends enjoying college life and reading interesting subjects of law at law school, followed by my daily visit to my father’s law chamber where I used to spend hours on endafter law school, learning the nuances of this profession.

     

    What piqued your interest in the field of Intellectual Property Law? Can you describe the relevance of this field today in context of domestic and international law?

    I believe that Intellectual Property Law is one of the very few domains of legal practice (apart from Arbitration Law possibly) which is truly global in its outreach and relevance. Criminal Law, Civil Law matters and other domains of the legal practice I believe are nationalized and localized in their approach and relevance; as such laws are limited and vary/differ from one jurisdiction to another. Intellectual Property Law, as opposed to these, offers a global platform for practice in terms of serving a global clientele for their brand protection and IP matters. This is one of the few factors about the IP practice which captures my interest and imagination.

    As to your question about relevance of Intellectual Property law in today’s scenario with respect to domestic and international law, I believe Intellectual Property law is one of the few domains in today’s time which is playing a pivotal role in shaping national and international polices of nations and legal structures at large. Intellectual Property law is intrinsically related to a country’s economy and commerce. The degree of protection which a country is able to offer to the industry in terms of the legal framework in place to protect and encourage intellectual property directly impacts the level of commerce and innovation taking place in the country, as well as the amount of foreign investment coming in. This is the reason why we can see a marked shift in the policy and intention of the present Indian Government which is taking huge steps in areas such as digitizing IP Registration processes, lowering the time taken to grant trademark, copyright and patent registrations by the government and promoting easier enforcement of IP rights through support of enforcement agencies like the Police, Customs and Courts.

     

    What are your views on the importance and necessity of higher education? What would be your advice to readers undecided about pursuing further studies?

    “Learning is a treasure that will follow its owner everywhere”, is what I believe. However, I do not believe that learning only comes from higher education such as a master’s degree or further higher studies. Of course a Masters Program or such other higher study programs do add to one’s skill set but so does practical experience in the profession and I believe that if one is armed with a basic bachelor’s degree in law in this country, he has ammunition enough to build on that through his own practice and practical learning experiences in the profession.

    I have seen instances of advocates benefitting from pursuing higher education and have also seen others benefit from using those years to excel and learn during  practice of the profession instead.

     

    Can you recall the first time you appeared in court in a significant matter? How did you prepare for this? What is the attitude of judges and senior lawyers towards young lawyers?

    In my opinion, the attitude of judges and senior lawyers towards young lawyers in India is highly motivating and encouraging as opposed to the general perception which exists, that the attitude is not very positive and embracing. I believe that if a young lawyer possesses the required legal acumen, is well read with his research and has a positive, accommodative and learning attitude, he would be well received by his colleagues and also by senior lawyers and judges.

    I do recall the first time I appeared in court in a significant matter – It was before the Delhi High Court in a Patent Infringement matter. I had prepared thoroughly for this and was lucky enough to have the relief granted in my favour.

     

    You have been involved in various landmark cases that have shaped the law relating to IPR in India. How did you prepare you arguments in cases where the law was silent?

    Yes, I do feel privileged to be a part of landmark cases which shape the law relating to this domain in India. Interestingly cases do crop up time and again where the law is silent on a complex situation of fact and for which the statue doesn’t really have a straight answer. I believe the rules of interpretation of statutes and borrowings from international jurispudence/case law come in handy in such situations and I have seen judges in my own cases rely on international jurisprudence and arguments based on suggested interpretation of statutes to grant reliefs in such cases.

     

    Can you tell us about some landmark matters you have worked on and how the court interpreted the point of law?

    Again, I feel privileged to have have had the honour of working on various landmark cases which have helped shape the Intellectual Property jurisprudence in this country through judgements of the courts in these cases. Some such cases are where the court recognized the rights of my clients in the shape trademarks of their products (non-conventional trademarks) for the purpose of enforcement on the basis of the wide use, reputation, goodwill and trans-boundary use of the marks, even when my clients did not have statutory trademark registrations of these marks. The court interpreted the point of law on the basis of the doctrine of passing off in trademark law.

    In a separate set of cases, the courts recognized the rights of my clients in the colour combinations used on their packaging for the purpose of issuing and injunction against the opposite party, restraining it on account of creating confusion in the market following the doctrines of trademark infringement, passing off and rights in trade dress and colour combinations.

     

    How are custom duties imposed on IPR? How does this tie to international trade law?

    (Shravan has worked closely with governmental authorities in relation to matters of customs enforcement for intellectual property in India.)

    It is true that my colleagues and I have had the privlege to work closely with the Indian Customs office in relation to enforcement of intellectual property at the borders. We have have been extensively practicing in customs enforcement & conducting capacity building training sessions on IPR laws with the customs officials of India across various land, sea and air ports in the country. India being a signatory to the TRIPS Agreement has an obligation to enforce Intellectual Property Rights at the Territorial Borders. In compliance with the said obligation, India came out with IPR Rules for Customs Enforcement in 2007 after which we were one of the first law firms to register our clients’ Intellectual Property Rights with the Indian Customs to facilitate enforcement. IPR enforcement is an integral part of International Trade Law as it helps in ensuring ‘fair trade’ which is one of the founding principles of the World Trade Organization (WTO) and one of the bed-rock principles guiding International Trade. This it ensures by filtering out counterfeit, sub-standard, spurious and harmful products at the territorial borders thus ensuring that legitimate commerce is promoted and countries are not dumped with counterfeit products which more than anything else, affect a country’s economy by lowering its duty collection at the borders and the investment environment as a whole.

     

    How significant have WTO negotiations and the TRIPS Agreement been in protecting and enforcing trans-boundary intellectual property rights? Has this interest been balanced with social and distributive justice that is significantly important to developing countries?

    I believe WTO negotiations and the TRIPS Agreement which brought about the origin of an obligation on member countries to enforce IP Rights at the territorial borders has been hugely significant in protecting trans-boundary IP Rights. Further, I believe that the enforcement of IP Rights at the borders has in fact resulted in greater social and distributive justice being served as the Indian consumers have been protected from spurious and counterfeit goods due to this enforcement regime and the Indian Government has also benefitted from prevention of loss of revenue resulting from tax evasion and lesser duties being paid by importers of counterfeit goods, which in my opinion is a boon for a developing economy like India.

     

    As a proponent of academia, do you feel that law schools produce socially relevant lawyers equipped to handle the real world practice of law?

    I feel this is an immensely relevant question and a topic which needs greater discussion across the industry and I am glad to answer this. Though I believe that law schools produce exciting talent in terms of the potential and energy that fresh law graduates possess, the real world practice does come down hard on everyone which is true not just for the legal industry but in any domain, profession or business. I believe law schools can consider increasing the preparedness they provide to youngsters on how to deal with and what to expect when they land in the real world practice of law, which can help fresh law graduates immensely. As far as imparting the correct information and skills is concerned, I believe law schools in today’s time are doing a great job, especially when you look at the practical exposure they provide in terms of a higher stress on internships, moot court competitions and other such activities.

     

    You are a member of several international IPR related organisations. What role do such organisations play in the development of IPR law? What role do you play in such organisations?

    I believe that the role played by international IPR related organizations in policy advocacy, development of debate and discussion on important facets of IPR practice and bringing the International community with its various stakeholders closer to each other cannot be expressed in a few words and the importance is huge, to say the least. The credit of the IPR practice today being a truly global practice goes to such organizations which have played an immense role over the years. I happen to be part of such International Organizations for over 3 decades now and share the honour of being one of the first few membership holders from India.

    It has been an honour for me over the years to be a part of and lead various high-level policy advocacy initiatives undertaken by such international organizations in the sphere of proposing policy/legislation change to governments of member countries as far as their IPR Laws and Enforcement Mechanisms are concerned.

     

    What are the skills that one needs to develop to become an effective litigator and how can students develop such skills?

    Command over the language, confidence to express/speak, presence of mind, ability to hustle and strong preparation of the case are the five skills which if mastered, in my opinion, are enough to become a great litigator.

    A litigating lawyer, apart from concentrating on pleading/arguments in the courts also has to set his office in order, ensure smooth client correspondence, case preparation and follow-up which means that any litigating lawyer has to have the ability to hustle and manage his time in a manner such that he is able to make the most of the time he has in a day.

    Presence of mind, amongst other things, involves reading the mind of the Judge and foreseeing/predicting through observation and convention as to what aspects of a case is a particular Judge more interested in on a general basis and preparing a strong case on such points accordingly.

     

    What are the challenges you have faced in building your career as it stands today? In this respect, how has your family legacy impacted your success as a lawyer?

    Though there are definite advantages of having a family legacy in the same profession, there are various challenges one faces in taking over the reigns of an entire law firm. Apart from focusing on my legal practice and research, I had the added responsibility of management of the entire firm and the human resources at my hand at a very young age. I faced the task of dividing my day meticulously and managing my time between focusing on my personal law research and litigation with managing the affairs of the entire firm and focusing on its growth.

    Apart from this, another obvious challenge which I believe everyone faces is keeping up with stiff competition. Though this is a common challenge faced by all, it is a challenge nonetheless, and one which keeps you from getting comfortable with your success and pushing you to strive to improve every day.

     

    What advice do you have for our readers who are primarily college students?

    I believe the time available on one’s hand when one is in college is highly valuable in terms of the information and knowledge one can gather and accumulate from different fields of law and the research one can do. I strongly believe that sincere research done on any point of law during law school definitely helps one later in the profession regardless of whether or not he/she remembers the entire research conclusion after so many years. What it does provide is a sense of confidence and familiarity with a point of law researched on albeit years ago which makes it easier for one to grasp and understand affairs during the practice years when the time available on one’s hand to spend on research is lesser and expectations with speed are greater. Therefore my advice to college students would be to put this time to the best possible use while of course experiencing the fun aspects of college life, which is also very important.

     

  • Rashna Jehani, LL.M Candidate, Columbia Law School, on choosing higher studies over work experience

    Rashna Jehani, LL.M Candidate, Columbia Law School, on choosing higher studies over work experience

    Rashna Jehani graduated from Government Law College, Mumbai in 2012. After having interned with several top legal firms in India, volunteering with various organizations, publishing some of her legal writing, and working full time as an Associate, Rashna is presently pursuing an LL.M. from Columbia Law School.

    In this interview, she tells our readers about:

    • Co-curricular activities during law school
    • Challenges as a young Associate
    • Experience at Columbia Law School

     

    How would you like introduce yourself to our readers who are mostly law aspirants, law students and young lawyers.

    I am Rashna Jehani, and I am currently pursuing my Masters in Law at the Columbia Law School. Back in India as a corporate lawyer, even though I was involved in the nuances of commercial law, the focus in every transaction remained on the promotion of the right and prioritizing public virtues over personal gains. My varied work in corporate practice has seen me involved with matters ranging from advising multinational and domestic investors in several private equity and debt transactions to representing a global manufacturer in an arbitration claim and being on the empanelment constituted for a consortium of lenders.

     

    Tell us about your law school experience and what are some of the co-curricular activities that you took part in?

    I ensured that I paved the path towards achieving my goals by securing a First Class throughout the five years of my LL.B. degree. The study of the subjects provided me with the analytical tools and assisted me in understanding the vagaries of the human mind which turned out to be essential in getting to the grips of the codified laws. I was chosen by my professor (Prof. Pithawalla) to assist him in compiling reference books pertaining to the Civil Procedure Code, 1908, Land Laws and the questionnaire for the All India Bar Examination. As a student who believed that the learnings were beyond the classrooms, I represented the college at several national and state level moot court competitions, volleyball tournaments and won medals in shia and kata karate competitions. My commitment to ethics and social responsibility was demonstrated by drafting bail applications for the under-trial prisoners, organizing colloquia and moderating symposiums under the auspices of the Theosophical Order of Service, conducting debates on public policy and current affairs and being one of the principal organizers who undertook the initiative “Shikhar” an exhibition cum sale to promote the articles made by the underprivileged children. The participation at the Harvard Model United Nations hosted by Harvard University also made me realize that with structured thinking and persuasive negotiations a belief could take the shape of a principle which would find a way into the international law-making process if such beliefs were to fulfil the fundamental requirement of fairness.

     

    What does being a Paralegal mean? How different is it from being an Associate at a law firm?

    Speaking out of experience, I would say I had the good fortune of working with seniors and partners who did not distinguish between a ‘paralegal’ and say a first year associate as at the end of the day it was the work that mattered. Having said that the learnings as a paralegal were quite crucial which certainly aided on a going forward basis.

     

    How was your first year after graduation? What were the challenges you faced as a young Associate?

    As a first year associate it is very crucial to be well organized with the assignments, do thorough research and be prepared to defend your views.It would be important to have that readiness of speedily formalising yourself with the relevant regulations as you would then be able to make insightful findings during a diligence or while drafting a transaction document. Lastly display a level of integrity which will take you from meeting the strict requirements of the mandates to contributing effectively towards the development of the firm you are associated with.

     

    Why did you prefer Masters over your job?

    The matters which I undertook made me conversant with subjects including International Finance Law, Banking Law, Company Law and International Commercial Arbitration where I realised that in the wake of globalization, new approaches to legal and policy will require a domestic lawyer to be thoroughly knowledgeable with international law and practices. With a new India looking towards eradicating poverty and meeting the growing needs of its people by increasing its foreign capital and investments, international and transnational laws play an instrumental role in developing corporate laws to deal with commercial issues and enforce human rights. While editing the economic and foreign policy updates of the firm’s policy dossier, I learnt that issues such as the regulation of the international financial system and the fate of the global problems could be accomplished by consolidated international efforts.

     

    How did you choose Columbia University over others? How did you go about choosing a university?

    I believed that an LL.M. at Columbia Law School would give me the unique opportunity of creating a course structure which will include the traditional law courses as well as focus on practical courses including corporate finance law, mergers and acquisition, corporate governance, transactional practice and dispute resolution. I have no doubts that the enrolment in this specialized program will provide an opportunity to get a comprehensive understanding of the business and management concepts which will augment my capacity to develop my legal practice. This venture would constitute a novel experience for me as I am benefitting by studying the legal principles in an environment and with people who are honest, public-spirited, thoroughly organized and compassionate towards all the sections of the society, just and cultured.

     

    Can you share a little about your journey so far at Columbia Law School and other activities you have engaged yourself with?

    (1) Volunteering at the NYC Bankruptcy Assistance Project which provides free legal assistance to low income NY residents facing financial difficulties. The work includes filing bankruptcy petitions for the debtors who then represent themselves through the remainder of the process.

    (2) A Mentor with the Columbia Law School High School Law Institute (“HSLI”) which is a student-run organization that serves talented and motivated high school students throughout New York City. Alongside that a teacher with HSLI’s teaching program where we engage in  academic programming in constitutional law, criminal law, mock trial, and moot court on Saturdays.

    (3) Volunteering with the Human Trafficking Intervention Court Project (HTIC). It is a pro bono project work with Sanctuary attorneys to interview foreign-born individuals with cases before the Human Trafficking Intervention Court to identify any trafficking-based or other immigration remedies potentially available to them.

     

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

    Believing in yourself is the first secret to success.

    Start your day with the following 3 words:

    • Try-For a better future
    • True-To your work
    • Trust-In God

    All your dreams can come true if you have the courage to pursue them.

     

  • Shivani Verma, Advocate, Jharkhand High Court, on co-founding Legal Eagle, mentoring law aspirants, and her litigation experience

    Shivani Verma, Advocate, Jharkhand High Court, on co-founding Legal Eagle, mentoring law aspirants, and her litigation experience

    Shivani Verma graduated from Gujarat National Law University, Gandhinagar, in 2011. She has been an Associate with India International Jurists for a year, and is currently an Advocate at the Jharkhand High Court. She is empanelled to represent Canara Bank (Jharkhand), Jharkhand High Court Legal Service Committee, etc. Her area of expertise includes civil and criminal law.

    She is also the co-founder of Legal Eagle, an institute that offers different mentorship programs for Class XI and XII students for various law entrance examinations.

    In this interview we speak to her about:

    • Studying at GNLU
    • Being a co-founder at Legal Eagle
    • Choosing between litigation and corporate law

     

    How would you like to introduce yourself?

    I am a lawyer by profession with almost five years of active litigation experience,  also now involved with the initiative called ‘Legal Eagle’ where we strive to disseminate important information about the field of law as well as mentor students for various law entrance examinations. I belong to the city of Ranchi, Jharkhand and have returned to my hometown to practice law and contribute to the Legal profession and education in my own way.

    When did you decide to take up law as your profession?  

    ‘Degree in law’ is still looked at with some amount of scepticism by people with no background in law, especially in tier-II cities where they are yet to be exposed to the field. It was no different in my case. I am a first generation lawyer and encountered questions like ‘why law?’ though not from within the family, but outside. The idea of doing law came a little late, but did not involve a lot of overthinking. It was in my Senior Secondary that I realised that I wanted to take up Law. A friend of mine told me about the National Law Schools and the interdisciplinary courses being offered at the law Schools. I really liked the course curriculum designed for the National Law Schools in India and decided to go for it. My father belongs to the field of academics and he was very much aware of the new changes taking places in the profession, especially of the concept of National Law Schools in India and the dynamic course curriculum offered by these colleges. Both my parents were very receptive of the idea of me taking up Law.

     

    Tell us a little bit about your life as student of law at GNLU. 

    Although, I think I could have explored more in my law school days, both in terms of academics and co-curriculars, yet the five years of studying law remains one of the best experiences till date. There is a lot one can do in those five years, lots of things to learn and a lot of things to unlearn. For starters, the curriculum is so designed that the students are made part of several assignments in the first few days of the college itself and deadlines are already set. This is the time when one has the least amount of knowledge on any subject of law and no clue where to seek help. You end up approaching seniors, faculty members, batchmates, outsiders, anyone who can help. This whole process of trying to find solutions breaks the ice between peers as well as somehow defines your college life in a nutshell, where you end up working in teams in so many situations, may be at the cultural fest, representing your college team in a moot, or other several such competitions or merely working in the mess committee together with different sets of people every time, the experiences are very rewarding. Law Schools is not just restricted to learning but also developing one’s personality through the innumerable meaningful interactions that one has as student of law.

    I was pretty much interested in everything. I had participated in every inter college moot organised by the college in the five years I studied at GNLU, irrespective whether I made it to the next round or not. I got the opportunity to represent the University as part of the team in a National Moot Court Competition. I had participated in many seminars organised both within and outside college, presenting papers on different topics. I was never a topper, but there was always a degree of healthy competition in the environment, which pushes you to be better. This later also helps in the career.

    Dividing time between academics and co-curricular was not very difficult as everyone around me was doing the same, and doing it so well. I thought people in my batch were an excellent bunch of people, so many of them good at so many things. In a lot of ways, it was inspiring, and still is.

     

    How did you develop an interest in litigation?

    Not any one thing in particular, there were several things. The idea of arguing in a matter always seemed to excite me, also a reason I participated in all the moot court competitions in the university. Some subjects like the constitutional law, contract law interested me a lot. As part of academics, I had heard many legal luminaries addressing on several topics and was always fascinated by the real life anecdotes of handling cases and how interpretation of law makes huge impacts in the society we live in. My internship experiences made a lot of things clear to me, also my first job in a law firm where I got the first practical experience of working as a lawyer. This was the time I had decided that I would want go for my independent litigation practice

     

    Could you tell us about the internships you took up, and what you learnt from those experiences?

    I have undergone several internships during my five years in college, starting from interning at non governmental organisations like CARE International to District Courts at Ranchi, Jharkhand, High Court of Delhi, Supreme Court of India. I interned at some top tier and mid tier- law firms as well like Mulla & Mulla & Craigie Blunt & Caroe Law Offices, New Delhi, Trilegal Delhi, Bharucha & Partners, Mumbai Office, all in the litigation teams. I had also interned at Anand & Anand Law Firm, Mumbai Office for IPR and Publications houses like Indlaw. I tried doing a mixed bag of internships to get to know the work involved and understand where my real interest lay. Litigation somewhere dominated the choice in internships too. All the internships were very rewarding, as along with getting to see the diverse nature of work that the professionals are handling and being part of them, you also get to learn the manner of working in a structured environment.

    How can students avoid a decision paralysis?

    I am of the opinion that ‘Law’ as a field offers the widest arrays of career opportunities and no career choice is bad as such when it comes to a lawyer, as switching from one career option to another is much easier as compared to other fields. Working as an Associate in the Law Firm, and switching to full time litigation in the Courts in India was smooth for me. Similarly, many corporate houses look for candidates with litigation experience to handle their in-house works, so switching from litigation to corporate is also not very difficult and vice versa. There are several examples who have shifted careers and are doing very well in their new fields. ‘Law’ in the country has been ever evolving, and the branches of law ever increasing. One must go with what interests them most and secures their future in it. Decision paralysis, according to me, is only a state of mind. However this can be avoided by undertaking as many diverse internships as one can as a student of law,  if not to understand what one wants than to know what one doesn’t want as a professional

    On the importance of studying further, though I did not opt for further studies right after graduation, I think having a higher degree coupled with in-depth knowledge of a particular branch is always rewarding. Apart from adding to the personality, exposure and confidence of the candidate, a higher degree sometimes becomes vital in terms of the leap you take even in the later stages of your career. Also a higher degree expands the opportunities as some organisations and certain posts are limited for a candidate possessing a graduate degree or more.  It also gives you the flexibility of making big career changes like suddenly switching from a corporate career to academics etc.

    When it comes to deciding what next step is to be taken after graduation, different things work for different people. For some, job satisfaction is more important, some would want more security, while some would opt for creative satisfaction. It is important to choose a path that one may enjoy for the longer run and securing oneself in that. I would also like to add here that even if a decision does not turn out the way one thought it to be, it is never too late to steer in another direction, as sky is the limit in this profession.

     

    From a law student to a lawyer, how will you describe the transition?

    From a law student to a lawyer, the transition has been at several levels as.  Litigation is a very challenging profession but the results can also bear immense satisfaction for a practitioner of law. Although a lawyer remains a law student throughout his life, the way of looking at things from a professional stand point changes. The profession changes your perspectives on things that you had as a student of law. While a lot of theoretical understanding and brainstorming is done as a student of law, the profession also involves many practical dimensions to an aspect or study. A lawyer who is entrusted with the case owes the highest degree of responsibility to the client as well as to the Court of law and has to accordingly conduct his case. A student of law from the protected environment takes a long leap as a professional amidst cut throat competition.

     

    Tell us about your early professional experiences as an Associate at India International Jurists. 

    My early professional experiences at India International Jurists was quite an eye opener about the field of law as it was my first job. I learnt a lot while handling diverse kinds of matters in the firm. The confidence of handling the matters on my own and switching to independent litigation are the decisions that followed.

     

    In deciding between Corporate and Litigation practice, what are the parameters that you considered? 

    In my first job at India International Jurists Law Firm at New Delhi, I got the opportunity to work in both Corporate as well as litigation matters. I was appearing before the Delhi and Gurgaon Courts in several litigation matters and simultaneously also working on some corporate cases, but I enjoyed litigation work more than the corporate practice. And that was the only parameter that guided me to take up litigation in the Courts. In my five years stint in the Jharkhand High Court, I have appeared in a variety of matters ranging from Civil, Service, family disputes, Arbitration matters to some Criminal matters as well, representing the Petitioner’s case as well as the State side. But the maximum work has been on the Civil side, especially Service matters which has become a core area of practice now.

    Do you try to consciously build a specific body of work? 

    It is a fact that apart from doing the maximum number of cases that came my way, as a first generation lawyer, I have also consciously tried to build my Curriculum Vitae doing the maximum variety of work as a lawyer, so as to build a good body of work, not restricting myself to anything specific. This is also the reason that apart from working on my own matters, I had worked with the two former Advocate Generals and Additional Advocate General of the State representing the State of Jharkhand in a variety of matters so as to get maximum exposure in terms of work. I have done Public Interest Litigations, Service/ Employment matters, Civil cases, Property matters both representing the Petitioner’s side in some as well as Defendants in some, as I was appearing from the State Government side too. All the matters that have come in the way have been very interesting, though I would refrain from giving a detailed account of them. I have appeared for some social causes through Public Interest Litigations and they have been immensely satisfying experiences. There have been certain cases for implementation of provisions of motor vehicles act to curb the increasing accidents on the roads, challenging the framework of Right to Education act to make it more effective,  framing of rules for formulating rules for the State police to check the incidents of custodial death. There were several other civil and criminal cases. These cases and many more have helped me build my career as it stands today.

     

    How did you come to become one of the Founders at Legal Eagle? 

    Legal Eagle is an initiative started by my colleague, Shubham Gautum, an NLIU Graduate and me. In fact, I would like to credit him for this brilliant idea. Belonging to a tier II city, being first generation lawyers, studying in National Law Schools and coming back to our hometowns to practice law makes our journey somewhat similar. We were discussing that a lot many people in the town are still unaware of the field of law and the concept of national law universities and other good colleges, the prospects that it offers as a professional degree, when Shubham came up with the idea that we should contribute to the field by spreading information about this field, counselling kids and their parents and also mentoring kids for the examinations. The idea instantly clicked with me. This motivated us to start this initiative from our own understanding and experience. In the year 2016, we held as many as fifteen seminars and interactive sessions at different schools in Ranchi addressing students of Class XI and XII, informing them about the field, how it works, the pros and cons, what to expect as a student of law and as a professional, the current available options of the interdisciplinary degrees etc. With time a number of students have associated with us.

     

     

    What gaps in awareness and legal education does Legal Eagle seek to fill? 

    Legal Eagle’ is more of a platform to make the students and parents know of the field of law as it exists today. It is a fact that most of the families in smaller cities in India are aware of the fields of engineering and medicine but have complete lack of information when it comes to less trodden career fields like  Law, Fashion Technology, Mass Communication, Hotel Management etc. Though law is the emerging career of these times but the awareness about the field still remains quite low, especially in smaller cities. In order to bridge these differences, we are holding seminars, discussions, interactions at various forums addressing all kinds of audiences to spread information about the field. Apart from this we are also mentoring students for the upcoming law entrance examinations giving them full class room environment and preparing them for the upcoming examinations.

    What does the scope of work you undertake include at Legal Eagle? 

    The scope of work at Legal Eagle is wide. Apart from the interactive and counselling sessions, as a Mentorship Institute, we are providing the students the best guidance possible to appear in the law entrance examination through class room teaching for examinations like CLAT. We provide them with the materials, a number of Mock tests on different patterns, sectional mocks, quizzes. We are conducting regular classes for different subjects/ topics covered in these tests. We are in regular touch with the parents of the kids being mentored by us by giving them performance maps. With a fresh batch of students coming up in the month of April, after their Board examination, a lot of time will be involved in that as well.

    ‘Legal Eagle’ is a pet project, very close to our heart. Both me and Shubham believe in it and are working everyday towards the goal. We aim to mentor a limited number of student with the best guidance we can. Right from addressing a crowd to counselling a parent or mentoring students, I  love every aspect of the work in ‘Legal Eagle’ and that makes it very enjoyable.

     

    Did you have a mentor or guide during the formative years of your career? 

    The importance of mentor or guide has to be acknowledged, be it any field. And especially in this field, where a lot depends on the skills and experience of being in the profession. During the formative years of my career as a litigator, I was working with the Senior Advocate, M. Sohail Anwar, a very well known and respected professional in the field. Working with or being attached to someone in the formative years in the field of litigation cannot be overstated as observing and learning the little nuances of the profession becomes very vital when handling a case on your own, as you shape your future in the backdrop of those experiences. The little things like closely watching your mentor dealing with the client and the case at various stages are very important. Especially for a first generation lawyer, who has no exposure whatsoever, of the field.

    Where would you like to see Legal Eagle five years down the line?

    Five years down the line I see ‘Legal Eagle’ bring a big change in the prevailing environment where people’s reservation of opting for the ‘field of law’ is dispelled and the information about the existing scenarios reaches all and people are able to make informed career choices . We hope Legal Eagle makes an indelible mark on the minds of people, especially the students who are associated with us.  We see Legal Eagle soar in five years time.

     

    Do you believe that we are becoming open to careers other than those belonging to the STEM disciplines?

    The prevailing mindsets of most of the parents we come across, is to make their children opt for streams like science in the higher secondary so that they can go for professions like engineering and medicine, without even knowing if their interests lie in that field. Also, the people who have done law are only thought to be the ones practicing in the courts and there’s a particular image of the practicing advocates in our country which is not very positive. They are unaware how much the field has expanded and how much it can offer. In fact it has become one of the most dynamic professions of these times, where lawyers are not just restricted to court rooms, but are now part every company’s board room, small and big agencies, banks, public sector enterprises, start ups, think tanks, local, national and international organisations. Corporate sector is full of lawyers in different roles. Lawyers are entering academics. Percentage of lawyers cracking UPSC every year is on a rise. Most bureaucrats and politicians have a background in law and that gives them an edge. We have counselled a number of students and their parents telling them about this field and what it can offer to a professional. Most of the time, a student is very convinced and wants to take up law but faces dissent of the parents. We then counsel the parents about the profession to dispel their doubts. There is definitely a shift in people’s approach. They are becoming aware and are more willing to go for the new age disciplines today. But then again, in a smaller city, the ratio of such people is very less, as compared to a metro city. Hence the pace of the change in the mindsets is also slower.

     

    As the co-founder at Legal Eagle, what does a typical working day look like for you?

    At Legal Eagle, the classes usually starts early. Planning and organising takes entire days sometimes. Even when the active sessions are not going, the planning is always going in the background. We keep organising free weekly quizzes for students to take maximum benefit of. For the kids we are mentoring, apart from the regular classes in every subject we conduct as many free mocks, sectional tests etc. for them to take maximum benefit of.

     

    How do you keep yourself updated about the latest developments in the law?

    The best way to be updated about the latest developments in law or in any other field for that matter is by staying aware of the things happening around on a daily basis. Newspapers are the best way of staying abreast with everything around. Apart from that, like the many developments in the field of law, so are there advanced multiple software for legal search. Being updated with the latest laws and accessing them have become easy in today’s times. Also the fraternity is full of people reading and researching on everything new and the out of court intensive discussions with the peers and seniors serve as great advantage to lawyers.

     

    What books, judgements that you have read would you say have played an integral role in shaping your legal philosophy?

    Every system is a product of its own unique experience, similar is the case with our very own system. ‘India since Independence’ by Bipan Chandra is one such book that has given an account of the history that has lead to the making of the contemporary times and is a very good read to understand where and why India stands today. Legal Philosophy can be built only on the backdrop of history. Another book, ‘Before memory fades’ by Fali S. Nariman describes his journey as a lawyer and gives perspective to budding lawyers on the field of litigation. There are several judgements which have acted as catalysts for taking up the profession.

     

    What are the causes you feel strongly about?

    There are many social causes I feel strongly about. One of them is women’s cause in the society. I am yet to do a lot and contribute as a lawyer, in whatever capacity I could. I am an empanelled lawyer of JHALSA (Jharkhand State Legal Services Authority) for giving legal advice and assistance to poor persons who are unable to engage a counsel. I have been representing those clients on behalf of JHALSA.

    It is the concern for the legal field which made me take up a project like ‘Legal Eagle’ where awareness and education is one of the causes that I feel needs to be addressed.

     

    How do you manage your time between your professional and personal interests? 

    I have always consciously tried to create time for my personal interests apart from the professional life, as my personal time gives me the much needed sanity and boost for the work ahead. It becomes very difficult on certain days where I am caught up in work throughout the day but certain days I have the liberty and time to mould according to my interests. My interests outside law are many. I could spend entire days painting, swimming, reading a book, watching movies or travelling someplace.

     

    What advice would you like to give to students aspiring to build a career in law? 

    For students aspiring to build a career in law, my advice would be to use the immense potential that the degree in law has to offer. Be vigilant, as it is very much important for a law student to be aware of the things happening around. Finally and most importantly, working hard is the only mantra to be successful in your own terms.

    In this cut throat competition, for a student preparing for any competitive examination, the highest degree of commitment is required. The student preparing for the exam should give minimum number of hours of study everyday for the examination and stick to the daily schedule, as being organised is very important at this stage. Solving past year papers, maximum question banks helps one check his speed and accuracy in solving questions. Understanding the nature of questions is very important to understand the examinations. Lastly, belief in oneself should never be lost.

    Like they say, “if the end is clear, the means to the end will take care of itself”.

     

  • Siboney Sagar, Founder, Resolve, on studying in NLSIU, qualifying the NY Bar, and her diverse experience

    Siboney Sagar, Founder, Resolve, on studying in NLSIU, qualifying the NY Bar, and her diverse experience

    Siboney Sagar graduated from NLSIU, Bangalore, in 1998. She then went on to pursue her Master’s degree from Columbia Law School, with a focus on Corporate Law, International Law and International Affairs. She has worked in the Chambers of (then) Attorney General of India, Advocate Soli J. Sorabjee. Since then she has worked with AMSS as Associate, GE Consumer and Industrial as General Counsel and later as Vice President-Legal and Compliance. In 2015, she founded her own firm, Resolve, a dispute resolution forum, where she’s Managing Partner.

    In this interview we speak to her about:

    • Working under Advocate Soli J. Sorabjee
    • Her illustrious career and diverse experience
    • Founding and managing Resolve

    How much of your success would you owe to your alma mater, NLSIU?

    The education curriculum and delivery at NLSIU has been geared for understanding and experiencing the rigors and breadth of lawyering. I benefited from the tight schedules and deliverables but most of all from the fraternity and the size and comfort of the community.

     

    Did you moot, or engage in any extra curricular activities? 

    I engaged in the legal services clinic, on the editorial team for publication and was very active in the Sports and Cultural Committees. Extra-curricular of both, related to law and otherwise, are most relevant. The legally oriented activities open a window to the world ahead and the non-legal activities allow us to engage and collaborate with persons other than our immediate peers.

     

    Tell us about pursuing your Masters from New York’s Columbia University. 

    Columbia has been a very defining experience. I used the opportunity to engage in many different courses and also expanded my view of the legal profession.

     

    Can you give us some clarity on the application process?

    I applied to the universities that had separate LLM classes along with options to study with complementary schools and courses. The university looks at grades, statements and experiences that realistically define your personality to fit with their goals and aspirations for their graduates.

     

    How did you prepare for the New York State Bar?

    The New York (NY) Bar is a rigorous exam and there are professional companies for preparation of the same. I attended BAR BRI and had a wonderful group of frats for study work. The NY Bar is one of the most challenging exams for the sheer size of the material.

     

    What did your role at Soli Sorabjee’s entail?

    When I joined the chambers of Soli J. Sorabjee, he was the Attorney General for India and the work was very diverse. While working with the counsel representing important matters for the Union of India, the teaching in Soli J. Sorabjee Chambers has helped not only the formative years but until today the great lessons of research, organisation and approach to an issue are invaluable and useful in different ways.

     

    How was your stint at AMSS? 

    I loved my stint at AMSS. I worked with the Infrastructure Corporate Team during my time there. The quality of clients as well as the resources were very relevant to support my venture being a commercial attorney.

     

    Tell us about what makes a good lawyer in a corporate setting.

    (Siboney was the General Counsel at GE Consumer & Industrial (India), and has been duly recognized for your efforts.)

    A good lawyer in a corporate setting is benefited by using their client-counselling skills along with always expanding their commercial and service their understanding.

     

    How would you say work as an in-house counsel was different than that of a law firm?

    An in-house counsel carries the responsibility for the execution of the legal advice further than an attorney advising or assisting from a law firm. In addition, an in-house counsel is required to almost always extend their capacity and creativity to manage commercial expectations while balancing the rigor of compliance.

     

    Can you elucidate further on the in-house options for law students? 

    Today in-house lawyers function like large law firms which gives lawyers many opportunities after graduating. In case you plan on working in-house, it is a good opportunity as it creates and develops subject area expertise along with the position and designation of legal skills.

     

    What motivated you to start ‘Resolve’?

    (Siboney has founded ‘Resolve’ which is an initiative geared towards encouraging and catering to private mediation in India.)

    Resolve is a forum for developing conflict resolution and conflict negotiation capacities as the backdrop to panels of practioners of mediation, conciliation and arbitration. A whole series of serendipitous events have led to the evolution of Resolve. My experience as a General Counsel with the status of execution, implementation and the viability of litigation and the balance with commercial realities have shaped my perspective so much. Further, the personal learning toward productive, creative and viable solutions, with the tendency to look for the most utilitarian and commensurate options, shaped my negotiation style in conflicts. Also, the skills discovered and developed really allowed me to appreciate the varied uses of the legal, analytical and creative process. The result has been the development of Resolve which is in its initial years of finding the appropriate space.

    I truly believe in advancing stages of negotiation, collaboration and mediation which will be most relevant as the world shrinks.

     

    How do you manage a work-life balance?

    If life takes a back-seat then that’s where we will find ourselves. In the back seat!

    I practise yoga and teach when possible, travel to discover myself and others, and try to keep myself in the front seat as far as my breath and brain go!

     

    Being eligible to practice both in India, and in New York, what are the notable differences of being a lawyer in both these jurisidictions?

    I have worked as a commercial lawyer in different jurisdictions. As I have not practiced before the courts in New York, I cannot comment.

    As commercial lawyers, counsel from different cultures bring that nuance to their style and approach, while the commerce dictates the functional attributes of the lawyering at any court.

     

    What are you currently working on?

    Nurturing and providing direction to Resolve has been the mainstay while developing personal practise as mediator, conflict speacialist, coach and counsel.

    I am teaching a course on negotiation and conflict at NLSIU, Bangalore this year. I have also taught at ISB, Hyderabad to train corporate leaders as well as counsel in adavanced negotiation, conflict management and effective dispute resolution.

    It’s an exciting and daunting time to develop some ideas, curriculum and skill enhancement workshops for us at Resolve.

     

    Would you have some words of advice for our readers, who are mostly prospective lawyers themselves?

    Practice! Practice! Practice! Whatever it is you are doing at this time, put your energy to it even it is devastatingly boring. Anything you do with intent gives you a lesson that is useful anytime especially in the diverse practice of law.

    Allow the creative streak to develop as it’s a misnomer that lawyers are only intellectually inclined. You have many avenues to best use lawyering skills (so spare the friends and family from arguments)!

     

  • Shashank Garg, Partner, Advani & Co., on being a first generation lawyer, and his experience in litigation, arbitration, and commercial law

    Shashank Garg, Partner, Advani & Co., on being a first generation lawyer, and his experience in litigation, arbitration, and commercial law

    Shashank Garg is a graduate from Guru Gobind Singh Indraprastha University, batch of 2008. Since then, he has worked at Parag Tripathi Law Chambers, Accendo Law Partners, Advani & Co., among others. He has represented the state of UP as well as the central government before the Supreme Court of India. He then went on to pursue his Master’s degree from the University of Nottingham in 2008, with a focus on International Commercial Law.

    In this interview, we speak to him about:

    • Being a first generation lawyer
    • His experience in arbitration, litigation, and commercial law
    • His successful publications, and studying in the UK

    Please introduce yourself to our readers.

    I am an avid traveler by choice, and a commercial lawyer for nine years by profession.

     

    Were you always inclined towards law?

    I zeroed in on law after eliminating all other possible alternatives. My parents had given up on me after they noticed my general apathy towards anything that involved reading or writing. Funnily enough I ended up choosing law where both the things I hated as a kid became an indispensable part of the job. I am a first generation lawyer and frankly that is a blessing in many ways as you can carve out your own path without the pressure of any standards/expectations set out by your elders in the profession. I studied at USLLS (GGSIP University, Delhi) which gave us enormous exposure. The energy on campus was infectious, to say the least. Diverse internships, conferences, moots and other events that I was involved in helped me crystallize my interest towards litigation.

     

    How did you start your legal career?

    I was amongst the lucky few who got the opportunity to wear the robe for the first time at the Chambers of Mr. Harish Salve, where I was already an intern before graduating. I proceeded to do my masters in a few months thereafter but that short experience reinforced my liking for litigation. My masters was in International Commercial Laws from the University of Nottingham, U.K, which was my real introduction to the world of commercial law. However, on my return I joined the chambers of Mr. Parag Tripathi, Sr. Advocate, (then Additional Solicitor General of India) which meant dipping into to the deep ocean of litigation, since he was a government law officer. The chamber used to deal with more than twenty matters on admission days in the Supreme Court. Mr. Tripathi is a tough taskmaster but it was an overwhelming experience. I soon decided to set up an office with two friends (Apar & Animesh) and we founded Accendo Law Partners. We were inexperienced but had a lot patience and energy to make it work. I can’t say if it really worked the way we wanted it to but it was certainly a rewarding journey. We merged with Advani & Co. where our practice became more about hardcore commercial disputes. This meant less of court and more of arbitration but this was in no way any less exciting than litigation. I would say arbitration is a sophisticated version of litigation in terms of action; I now do a balanced mix of both.

     

    Tell us about your time in Nottingham.

    Going for masters was an impulsive decision that I thoroughly enjoyed. I made friends with new subjects; ones that I didn’t think were my cup of tea. I was taught Commercial Conflict of Laws by Prof. James Fawcett (author of Cheshire on Private International Law). He is a true legend of the subject. I did my dissertation under him and received distinction. This was my first exposure to world class learning. The faculty teaches so passionately that it motivates every student to perform better. We cannot deny the fact that most law schools in India lack such levels of commitment by faculty members; this is the first big difference you get when you choose to study abroad. Exposure to a foreign university is a great addition to your skill set, however it really depends on an individual how much he can make out of this one year. LL.M. from an Indian university is a great option too since it has been reduced to a year now and most National Law Schools offer very interesting and niche areas for masters programs. One needs to understand what a masters degree is to be able to make this informed choice. Students often take it as an extension of student life by a year but in reality it is deeper understanding of few subjects that you may want to take up as a career choice. I would strongly urge students to go for masters after three to four years into the profession, when they have found their area of interest. It’s always easier to do your masters in a subject that you are practising in then to come back and find a job in the subject area you did your masters in.

     

    Could you talk to us about the certificate courses you pursued?

    (Shashank went to Hague Academy for the summer course on private international law in 2009 on scholarship and then took up some more certificate courses internationally.)

    I applied to Hague academy while I was doing my masters in U.K and my letter of recommendation was written by Prof. James Fawcett. I feel that his LoR made the difference, Professors of his repute do not write LoRs often. I was informed by the academy that I have been awarded complete scholarship for the course which meant my course fee, my air travel and my stay in Netherlands was paid for by the academy. After coming back to India, I decided to take up new avenues to learn and hone my legal acumen. I attended Certificate Mediation training organized by ADR Group UK which made me a certified civil and commercial mediator, I also attended the 12th Arbitration Academy at University of Cologne, Germany. Even today I try and make a couple of academic trips in a year whether it is to judge an international moot or to speak at a law school. This keeps me connected to the academic world in many ways.

    What are your thoughts on arbitration in India?

    (Shashank is currently associated with various ADR bodies like IAF, PACT, KCIA and Arbitration Sub-committee of IBA.)

    Arbitration in India is the talk of the decade. Fortunately this decade has seen a lot of positive change. We have seen the amended law in arbitration which was brought to imbibe more confidence in the end users. However, with that noble thought our legislature proceeded in an over-zealous manner, thus creating a rather impractical scenario of arbitration instead. The Arbitration is here to stay and thus the courts and charming lawyers are finding innovative solutions to the problems being posed by amended law. Courts in India, especially New Delhi, have to be given their due credit in making arbitration stand tall and firm. We are also witnessing rapid growth of institutionalized arbitration in India, with most PSUs using ICC, SIAC or LCIA clauses in their commercial contracts with foreign parties. MCIA at Mumbai is certainly a fresh breath of air in this environment with world class facilities and some of the top people worldwide endorsing it to be the next big thing in the Asian region.

    Practise of arbitration is distinct from litigation. Unless you do arbitration the way it’s to be done, you wouldn’t notice the difference. Sadly, many civil lawyers doing arbitration have made CPC their Bible for all practical purposes, causing confusion of concepts amongst law students and young lawyers. The most important thing to keep in mind for practising Arbitration is the fact that it is a private justice delivery system with the backing of law.

     

    In your opinion, what skills have contributed the most to your success?

    I would not call my experience a lot but yes I had the good fortune of exposing myself to diverse fields, I authored a book titled Tourism Laws in India in 2013 for travelers to have a ready compendium of laws that they may need during their journey in India as a tourist. The second edition is likely to come this year by May. My other book on ADR is being published by Oxford University Press and should be out by July 2017. Moreover, I am working on another book which is being published by EBC on Criminal Investigation and prosecution. Recently I contributed to the LexisNexis publication on arbitration that was published for Niti Ayog. In my practice, other than commercial arbitration, I am doing criminal law, media and entertainment law and aviation law as well. Diversity comes from curiosity; I have been curious about my limits, interests, and capabilities, and in this process I have gained tremendous amount of confidence in dealing with my limitations.

    Being a first generation lawyer one should prepare for an adventure. If you go the traditional way, you are likely to give up soon as the charms and gifts of the legal profession take time to come by your side. Be self aware and work towards your shortcomings by accepting them and not by covering them up. Perseverance and commitment are the two key skills that should be learnt at an early stage in your career. As a lawyer, your communication is your identity, whether written or oral; be clear and crisp in that to create a strong impression. Simple steps such as reading the newspaper can help you develop awareness of issues around you giving you confidence to communicate in any setup. Use your time carefully when you intern as those are the places you can afford to make mistakes and create opportunities for yourself.

     

    Did you also engage in any extra-curricular activities as a student?

    As a student I focused on anything that was new and challenging, I would not call these activities extracurricular as such. Our law school was quite new and we were the third batch to come in, I decided to make a mark for the law school by organizing various events such as international moots, (Jessup, North India) and the Law Lecture series (lectures were delivered by: Justice R.C Lahoti then Chief Justice of India, Mr. KK Venugopal, Mr. Soli Sorabjee, Dr. L.M Singhvi, Mr. R.K Jain, Mr. Ram Jethmalani and Mr. Harish Salve). I really doubt if any law school in the country has had all these legends coming to speak at their campus. We did many such things with the help of great batch mates and highly reliable juniors. In fact, my student life at the law school was more outside the classroom than inside.  My current hobbies would include travelling and sleeping as much as I can – I hope I don’t have to change any of these in future also.

     

    Talk to us about your resume as it stands today.

    I have been a chamber junior at litigation chambers; I have been a partner at my own start-up followed by being a partner at a 30 year old arbitration specialist law firm and then being a partner at another more than 30 year old traditional commercial litigation law firm. The journey was exhilarating; each place had its own character and persona. Today I am wearing multiple hats and happily so–Partner-In Charge for Advani & Co. Delhi, Spl. Counsel for Delhi Development Authority, and Standing Counsel for State of Goa are some of my active roles.

    A resume/CV should not exceed two pages and in rare cases, three. For a fresher applying for a job or for a student applying for an internship their resume/CV is their face for the prospective employer and most decisions are taken by way of elimination. In other words given the heavy application load, HR of firms often look for mistakes in the resume to trash it so that only most serious and sincere students make it.

    As a tip, keep it clean and honest (removing achievements of school life and things that are unlikely to matter to your employer).You should be able to answer everything on your CV as the puffery used in CVs is often detected by the interviewer. No particular aspect can be considered more important than other as all of it would depend on where you are applying and what is your choice of practice area. As a matter of practise: academics, internships, publications, extracurricular would together form a complete CV.

     

    What do you think is the best way for students to prepare themselves for the professional world?

    The first step is realization; the sooner a student realizes that he has to step into the professional world after law school is over, the better it is. Many students realize this in the last semester and by then it gets too late to build a formidable CV. Also, during internships you should identify areas you don’t like instead of areas you like, this way you keep many options open by eliminating areas that are not your cup of tea. First two years will be intense and harsh and the same should be treated as training on a stipend to feel better about it. Your internships will give you a preview of what you are likely to see when you join an office. No work in office should be considered below your dignity–standing in queues, picking up files, photocopying, etc. are some of the usual tasks in the early years of the profession.

    I was prepared for it all but yes, it is never enough. You feel the pressure of deadlines like never before as these are real clients and real cases. Weekends and friends can suddenly become a myth and sleep is your only craving. But it all gets better with time and you start enjoying the pressure.

     

    Tell us a little about your internships.

    Being a first generation lawyer, internships were the first thing I focused on. I had no network or contacts to get into prestigious firms and chambers. So I decided to create opportunities instead of waiting for them. I interned with Sr. Advocates like Shanti Bhushan, Collin Gonsalves, Harish Salve, Iqbal Chagla, M.N Krishnamani and K.K Venugopal, and firms like AZB & Partners, Vaish & Associates, and Archilex Law Corporation in Singapore. I also interned at NHRC and Securities Appellate Tribunal, Mumbai. Each internship opened new avenues of opportunities. Since most of my internships were with senior counsels in Supreme Court I was sufficiently prepared for my role as a junior counsel or at least I thought so.

    There was so much to learn at each of these places, I learnt core professional values while getting exposed to the various nuances of legal world. It is difficult to spell out what I had learnt but I learnt an important lesson that winning the court is different and far more important than winning the client.

     

    Any last piece of advice for our young readers?

    There is no dearth of work in this profession but there still is cut throat competition. Getting insecure is the last thing you should do when you begin you career. Let your long term career goals chart out your short term career choices and not the other way round. If you get a chance to work at a good office which offers you comfort and mentoring both, do not be in a hurry to leave it for a fatter pay cheque.

     

  • Shivam Kumar Bimal, Senior Tax Consultant, Deloitte Tax, on studying in the US and practising internationally

    Shivam Kumar Bimal, Senior Tax Consultant, Deloitte Tax, on studying in the US and practising internationally

    Shivam Kumar Bimal is a graduate from Symbiosis Law School, Pune, batch of 2010. He currently serves as an employment tax, employee benefits and executive compensation attorney with Deloitte Tax LLP in the Greater New York area.  He is licensed to practise law in India as well as in the jurisdiction of New York State. While at law school, he was involved in several extra-curricular activities.  After finishing his undergraduate studies, Shivam worked as a law clerk for a year under Justice Surinder Singh Nijjar (now retired) at the Supreme Court of India.  In 2011, he moved to the U.S. to pursue his LL.M. from the prestigious George Washington University Law School and was awarded the reputed Thomas Beurgenthal Scholarship.  After the completion of his LL.M., he worked with a litigation tax law firm in Washington D.C. for three years before moving on to assume his present designation at Deloitte.

    In this interview, we talk to him about:

    • Studying at George Washington University and bagging a scholarship
    • Working with the distinguished tax team at Deloitte
    • Prerequisites for a role in international tax practice

     

    What do your current job responsibilities entail?

    My present job position is both challenging and exciting, as it provides me with many opportunities to learn.  My responsibilities include advising and representing corporate clients before the Internal Revenue Service (IRS) and state taxing authorities for tax audits and/or employment tax-related issues.  I also advise clients on issues related to qualified and non-qualified retirement plans, health and welfare benefits, executive compensation, and deferred compensation plan arrangements.  I have also advised clients on issues related to Foreign Account Tax Compliance Act (FATCA) and Common Reporting Standard (CRS) under OECD.

    What, according to you, is the most important part about law school?

    Grades are by far the most important factor for law students.  When I was in law school, we only had semester end exams and it was easy to achieve high grades compared to the current CPGA system.  The new CGPA curriculum is more competitive and demands greater attention and hard work from students.  In my opinion, good grades will play a vital role initially to get you a first job.  That being said, publications, moot courts and other extracurricular activities are also important.  Drafting articles for publications and participating in moot court competitions provide a platform to improve research, drafting and oratory skills.  I personally feel that publications and being a part of law review helped me be a better lawyer.

     

    How would you describe your experience of having worked as a law clerk under the tutelage of a reputed Supreme Court judge?

    After my graduation from Symbiosis Law School in 2010, I worked with Justice Nijjar for over a year.  It was one of the most challenging and enriching moments for me.  Assisting a Supreme Court Judge is a daunting task for any fresh law graduate.  In India, generally law clerks and judges share a very formal relationship.  However, Justice Nijjar was an exception.  He was friendly, thoughtful and always shared his experiences with his law clerks.

    I remember working several late nights and weekends to prepare draft judgments, briefs on SLPs and other ongoing matters.  I consider myself fortunate to contribute, in my small capacity, to numerous landmark judgments written by him, particularly, Iridium India Telecom Ltd. v. Motorola.  I still share a very close relationship with Justice Nijjar and am grateful for all his help and mentorship.

     

    How did you decide on pursuing an LLM from the George Washington University Law School?

    I remember my conversation with Justice Nijjar where he described how studying in the UK shaped his career.  I had applied to top universities in the UK and the US and was fortunate to receive acceptance from almost all the universities which I applied to.  I decided to attend GW for its high academic calibre as well as the fact that GW offered me the Thomas Buergenthal scholarship, which covered my full tuition.  Moreover, GW is based in the heart of Washington, DC and would provide me with access to many great networking opportunities.

    At GW, I specialized in Business and Finance and was required to take 24 credits including a thesis or research paper.  The courses I took included US law courses like federal tax, international tax, corporations, securities law, antitrust law etc., as well as skilled based class like international negotiations.

     

    How can higher education in the US be distinguished from that in India?

    I had a great time at GW and I am grateful to all my professors and peers.  We had students from 62 different countries.  Sharing my ideas and engaging in thoughtful debate with some of the best legal brains from around the world was an unmatched experience. It was also a unique cultural exchange with fellow peers.  The fact that GW professors are all experts in their fields, either as judges, renowned academics, or leading attorneys in reputed law schools, allowed them to pass on applied lessons grounded in real-world experiences.  This was one area which I really benefited from.

    In India, generally, we were taught what happened in a particular case where as in the US, we were taught why and how it happened in a particular case.  Basically, law schools in the US try to develop analytical thinking skills in students.  Attaining LL.Ms from Indian universities is not a popular choice amongst students, unless they want to get into academia whereas in the US, students opt for an LL.M if they want to specialize in a particular field.

     

    How did you decide on your courses?

    I had taken many core US law courses like US Securities law, corporations, and US federal tax, etc.  I wanted to gain as much exposure as I could on US laws.  I wanted to utilize my experiences and knowledge on US law as well as Indian law after my graduation from GW.  I particularly liked tax law because it was challenging, technical and was required for every corporate transaction.

     

    How did you win the scholarship?

    The Scholarship is awarded in the name of an International Court Justice, Thomas Beurgenthal (now retired).  It is awarded to foreign LL.M students in the form of full or partial tuition waiver on the basis of academic merit and financial need. To apply one has to submit his/her resume along with a 500 word letter to prove yourself worthy of a scholarship.  They also require a statement of purpose and letters of recommendation.

     

    What extra-curricular/co-curricular activities were you part of while at law school?

    Extracurricular activities are extremely important as it’s an opportunity to develop skills necessary to succeed as an attorney as well as an opportunity to enrich one’s resume, which is an important element when applying to LL.M programs. Some of the extra-curricular activities which I participated in include an essay competition titled “Women’s participation at the grassroots level”, in which our team was awarded the first prize of INR 50,000.  Further, I represented my law school in a client counselling competition, successfully completed numerous projects sponsored by the UN.  I also was an editor of the law review and headed the legal aid cell at law school.  Moreover, some of my articles were published in law firms’ archives and NGO yearbooks.   While pursuing my LL.M at GW, I was elected to be the President of the LL.M Student Association.

    In order to pursue an LL.M from a tier one law school, one needs to conduct proper planning.  Apart from grades, top universities look at your extracurricular activities.  Securing a scholarship from any university is never easy and one needs to have an exceptional resume.  Remember, it is not a matter of selection, but rather a matter of rejection. They reject all until they get their desired selected candidates.

     

    How big of a difference does an Ivy League institution make?

    Obviously Ivy League law schools are extremely prestigious and can open many doors. However, many people have this notion that getting an LL.M from an Ivy League guarantees you a job abroad, which is false.  Another misconception is that attending an Ivy League school will provide you with the best education available. However, one must take into account the specialization that they want to acquire.  For example, someone who wants to do an LL.M in Intellectual Property (IP) may choose Stanford or GW, which are not Ivy League schools but are better ranked in that specialization.

     

    Tell us about your experience working in the US.

    Apart from my internships, my work experience in India was limited to my time clerking for Justice Nijjar, which was a very demanding role. Similarly, in the US, I found that attorneys are also given demanding work which calls for long hours.  Generally speaking, I find the nature of work between US and India to be different.  In the US, attorneys have more client based exposure than in India, especially at the early stages of one’s career.  Also, in the US, attorneys are expected to draft all legal documents in a crisp and concise manner.  While this was important in India as well, it was less emphasized than in my positions in the US.

     

    What do you think about the future of international tax practice?

    Nowadays, it is very common to have corporate transactions involving multiple jurisdictions and corresponding tax implications.  Therefore, it is actually a boon for someone who is a qualified lawyer in multiple jurisdictions.  If you can interpret tax laws of multiple jurisdictions then you are an asset for any organization you work with.  However, it is a niche field where you need a plethora of experience to gain expertise.

    I would advise young lawyers to start with an internship and to ascertain whether you are a good fit or not.  I believe a couple of law firms in India have a good international law practice.  Keeping an eye on international transactions through journals is also a good way to keep yourself updated.  You can also go for higher studies if you want to practise globally.

     

    Would you like to leave a final message for all our anxious student readers?

    Do not stress out, law school is challenging but fun. Internships will be important to gain practical knowledge and to ascertain what kind of law you would like to practice after graduation.  Apart from aiming for good grades, participate in extracurricular activities and give back to society in any capacity, for eg. pro-bono work.  Remember, a lawyer never stops learning until he/she retires.  Lastly, do not forget to make memories.  Cheers!

     

     

  • Shobhit Agrawal, Legal Manager, Mahindra World City, on being an avid negotiator, his experience thus far, and the secret to his professional accomplishments

    Shobhit Agrawal, Legal Manager, Mahindra World City, on being an avid negotiator, his experience thus far, and the secret to his professional accomplishments

    Shobhit Agrawal graduated from Gujarat National Law University, batch of 2011. Being an avid participant of negotiation competitions, Shobhit has represented his university at various national and international platforms. During his time as an undergraduate, he has interned with Wadia Ghandy & Co., Paras Kuhad & Associates and Economic Laws Practice firm. After his successful stint as Associate, Corporate Affairs at Porsche, Shobhit is currently Manager of Legal Affairs at Mahindra World City. His role entails drafting, vetting, reviewing, summarizing contracts, tenders, agreements, work orders, financial agreements, Memorandum of Understanding (MOUs), lease deeds, letter of intent, sale deeds, non-disclosure agreements and various other agreements.

    In this interview we talk to him about:

    • Representing his university at numerous international competitions
    • Preferring negotiation competitions to moot court arguments
    • His experience as Legal Manager

    How would you like to introduce yourself? Tell us a bit about your co-curricular interests during college life.

    I am an introvert. But owing to the nature of my profession, there has been a change. However, I continue to remain the same person at the core. During my college days, since it was a five year course, the first year went unnoticed as I took a bit of time to get myself accustomed to the demands of the college. But in my second year I made it a point to do something good for myself as an intellectual. I wrote an essay for the very first time in my life for Manupatra in its Essay Writing Competition and got 4th prize at a National Level which boosted my confidence and then there was no looking back. There were critics who said it was merely a stroke of luck, but it was this criticism that pushed me harder.

     

    Please share your experience at Gujarat National Law University, Gandhinagar. Why do you prefer negotiation competitions to moot court competitions?

    Ours was the third batch of the college and was therefore in a very nascent stage, so things were developing slowly and steadily. In my college there were some social pressures which made mooting necessary. So initially I participated keeping this core philosophy in my mind & also since it was mandatory, but I realized very soon that it’s not the correct approach so I changed my thinking. I failed at my first two attempts, but eventually succeeded on my third. I was then viewed as a promising candidate, but after participating in a National Moot and getting the best researcher award and third best mooter, I realised that it is not that interesting. The verdict depends completely upon the judge or the presiding officer and you cannot be yourself when you present your case. So I tried for a negotiation competition which is more lively and spontaneous and tests your capability to the highest degree. I got to know about the Negotiation Competition, applied for the same, got assistance from my senior and mentor and cleared various rounds as a team nationally and internationally.

    That success triggered a new path and boosted my confidence. It was a constant effort and choice which I made over moot court–which I continue to have great appreciation for–but I still feel that the amount of poise, charm, enthusiasm which is there in a negotiation or arbitration is not often seen in a moot court. It’s my personal opinion and I love arbitration, negotiation more than the moot court.

     

    ­­­­­­­­

    What motivated you to pursue law?

    Well, I am from a science background and was about to join a premier engineering college in Bangalore thanks to good rank in AIEEE. But at that time, I also gave law universities exams and luckily got selected. So there were two options to choose between and I chose law as I felt like it would help me engage with society is a more insightful manner. I come from a family of engineers, so I was also tempted to venture into something new.

     

    Tell us about the significance of pursuing diploma courses.

    It is indeed important to increase your knowledge and for professionals, it is imperative to be updated as in your professional life. You don’t get enough time so these diploma courses give you an insight about the nuances of law and give you an extra mileage and bite over others. It helps groom your personality and also adds value to your CV.

    What are the skills one must acquire to become a legal consultant or a legal manager?

    It’s a common question which is asked and I have a very simple view on this. For any profession, the one most imperative attribute to have is honesty. If you are honest to your work and are dedicated towards the organization you are in, you will definitely come out victorious. To be a manager, the most important thing is to understand the psyche of your team and to make them comfortable. So, it’s important to have a caring attitude towards your team and have a mixed blend of flexibility and firmness. It is alright even if you are no very well versed with the technicalities. Knowledge will definitely come in provided you have opened the window so basically. You just need to keep an open mind and manage your team well. A healthy mind and a pat on someone’s back can do great wonders. So it’s basically an affable attribute which you need to carry with yourself and try to give your team the respect which they truly deserve and then 90 out of 100 times, it will fall in your way.

     

    What is the secret to your professional accomplishments?

    (Shobhit has received the “Rising Star” trophy from the top management at Mahindra and received various “Champ of the Month” awards)

    Well, it’s basically some hard work, meeting deadlines and tying up loose ends which had helped. It’s a proven fact that when you try hard honestly and give your best, the management also looks at it positively and gives appreciation which can form as a monthly Champ Certificate or a “Rising Star” trophy. The simple mantra is that you either perform or perish. Performance will only come when you do the work sincerely and diligently without making a fuss of situations or excuses.

    What was your experience like as an Associate at Shreyans Group?  

    As an associate with Shreyans group, it was completely a different feel all together as it was my first job, there was a lot to learn and a lot to do. As it was a core company in the automotive sector, my work varied from resolving disputes regarding consumers, custom matters etc. But in Mahindra, I was aware of the sector and its rich values so I tried constantly to be a part of the family in a more subtle manner and I assume I  achieved it too. At Shreyans, I had the luxury of doing work on customs, meeting influential and renowned people as organization dealt with cars like Porsche, Ferrari, Lomborghini etc. But in Mahindra it was a different story all together due to different stream and the area. Here it’s more of drafting agreements, discussions on company policies, lease deeds, labour matters, land matters, company matters etc. and has its own challenge. But I need to be honest that the amount of love and respect which I have received at Mahindra was not the same in my first job. Maybe because I was new and still trying hard to understand the requirements of the job.

     

    Could you educate our readers about the significance of learning to draft in law schools and writing research papers?

    It’s an important exercise and one has to devote time to it. It is a key skill wherever you go, whether you join a law firm, work as an in-house, NGO or join academics. Writing research papers is more of an art, I would say, as it’s not just cut and copy but its more about understanding the subject matter and interpreting it in your own way, while also checking for plagiarism. Understanding the subject matter as a whole is the key and once it’s there, other things do take their own course naturally.

     

    Tell us about the experience of representing the country at various international competitions.

    (Shobhit was part of the delegation from the Prime Minister’s office which represented India at the International Negotiable Forum as a team member and the youngest coach in Copenhagen, Denmark)

     It was a moment of great pride. It is exciting, but one must also tread with great caution. It was the competition of a lifetime and I need to mention here that I got the support of all with whom I have interacted. Initially, as I mentioned earlier, people thought that was a fluke but when we again went and did spectacular work, it was answered and the air was cleared. I need to thank my team members who supported me unconditionally. It’s an experience I will cherish till eternity.

     

     

    Please give our readers some tips regarding picking the right courses, interning at the right places and activities to undertake to build their CV?

    Let me answer this part by part:

    About picking the right courses – There will be a lot of conflicting advice and opinions from various quarters. Focus on your strengths, interests and made an informed decision.

    Interning at the right places – Before you aspire to work for the higher courts, start with the lower courts. Starting at the grassroots level gives you a hands-on understanding of the law and how justice is dispensed. Lower courts will teach you the basics, which you can later use to your benefit at higher levels of the judiciary, or at law firms.

    Activities to build CV – First and foremost, academics is very important. Focus on research papers, moot courts, negotiations (if you have an interest), attend conferences, seminars and learn. The more you learn the better it will be.

    Keep working hard and never give up. Law is a noble vocation as one gets to serve society. Never deter from giving it your best and you shall succeed.

     

    Lastly, what would be your message to our readers who are mainly young lawyers and law students who wish to build a career in negotiations?

    Regrets are the worst. Whatever you do, give it your best and be honest to yourself. Negotiation is challenging, tricky but interesting. Focus on discussions by which you can increase your listening ability, be a patient listener, try to understand the psyche of a person, try to get hold of his mental state, try to understand his query, his problems and then device a win-win situation which caters to both parties’ needs and aspirations.

    In law colleges, you get various opportunities to do negotiations, arbitrations at an internship level, attend conferences where you can be in a panel discussion, attend seminars, be in policy making body as lawyer etc. These are some random ways you can get hold of the system and its core demands. It’s more about understanding the individual and once the meeting of minds is there, more chances are in your favour.

     

  • Anas Tanwir Siddiqui, Advocate, Supreme Court, on enabling access to justice, heading the Legal Aid Committee, and practising in the Supreme Court

    Anas Tanwir Siddiqui, Advocate, Supreme Court, on enabling access to justice, heading the Legal Aid Committee, and practising in the Supreme Court

    Anas Tanwir Siddiqui graduated in law from RMLNLU, Lucknow, batch of 2012. He has since then served as Convener to the Legal Aid Committee, working in areas of free legal aid, RTI, infocracy, child rights, consumer protection, juvenile justice, etc. He is currently advocate at the Supreme Court of India, with over four years of litigation experience. A first generation lawyer, Siddiqui believes that enabling access to the legal system lies at the core of his practice. He has also just begun independent practice.

    In this interview we speak to him about:

    • Deciding to pursue law despite family pressuring otherwise
    • His life, curriculum and extracurricular engagements in RMLNLU
    • His tremendous contribution to the Legal Aid Committee, and setting up a paralegal system of assistance in his university
    • His belief that at the core of litigation lies the intention to enable access to justice for all

     

    What would you like to say to our readers in the manner of an introduction of yourself?

    I am just a struggling lawyer who has faced and is still facing all the struggles that a young lawyer faces during his initial days.

     

    What inspired you to take up law? Did you have to deal with any resistance from family or friends while making that decision?

    Law was never really my first career choice. As any other teenager, I was pressurized into taking science at 10+2 level. So I also opted for PCB and as a natural progression I appeared for medical entrances, couple of which I miraculously cracked as well. However, I was never really interested in becoming a doctor. My family, especially my mother and my uncles, were really supportive, although my father had his apprehensions. The main idea behind opting for law as a career choice was that it gave me the freedom to read and know everything. A law student is never limited to reading law only. Law as a course satisfied my intellectual craving.

     

    Tell us about your life as a law student at RMNLU.

    Life in RMLNLU was more fun than work. I was never a studious student. However, law school gave me a platform which shaped my personality. When I entered law school there wasn’t much “law school culture”. As we were the second batch and the admissions were not through CLAT back then, the law school culture was absent. There wasn’t any mooting culture or any co-curricular activities. I had resolved from the very first day in RMLNLU that I will utilise every opportunity that this place provides. Much credit goes to La Martiniere Boys’ College, Lucknow, also for giving me the confidence to take initiatives. So with time things got streamlined and RMLNLU was a strong force among the law schools. We were fortunate to have some really good faculty like Prof. A.P. Singh, Prof. K.A. Pandey, Prof. Manwendra Tiwari, etc. The then Vice Chancellor Prof. Balraj Chauhan was also very supportive of the students. We started participating in mooting activity without much guidance. We learnt from our mistakes. In a nutshell, the life at RMLNLU gave me the confidence to lead and be vocal about my opinion.

     

    What are the causes you feel strongly about? How have you used you legal expertise in working towards them?

    So when I was forced by my father to leave Lucknow and practice in the Supreme Court, he asked me to be a means for the poor to access the highest court of justice. He told me that I should never say no to a brief just because the client cannot afford to pay fees. I myself having been involved with the free legal aid movement felt strongly about the same. So today most of the cases I fight are for those who generally don’t have the resources to access the justice system. I frequently represent the people declared as foreigners by Foreigners Tribunal in Assam. I also feel very strongly about the arbitrariness of government or its failure to control the fringe elements hell bent on destroying secularism in our country. Same is my view about the nepotism that is prevalent in the judiciary even though I myself belong to the same fraternity. So in this regard I have filed, strategized and appeared for causes pertaining to the same.

     

    Throughout your time at college you have enjoyed authoring essays and papers. How did you find an affinity for legal writing? How do those skills help you in your career today?

    The affinity for legal writing stems mainly from my interest in literature. I read a lot and a natural progression of reading a lot, is writing. Honestly, most of the essays and papers authored by me were more because of the pressure from a friend or for building up a strong resume. So the skills that I developed in law school now help me in drafting. Before becoming independent I have worked with three Advocates On record. The major part of the job profile while working as a junior to an AoR is drafting and this is where my prior experience of legal writing came in handy. Also, before writing any article or essay one needs to think a lot on the issue along with researching, these two skills are very important while drafting an SLP or Writ.

     

    You have participated and placed in several MUNs, moots and held several organizational positions during your time at law school. What did you learn from these activities?

    Mooting taught me to think like a lawyer and it took out the fear of public speaking or appearing before courts. In moots as well as in courts, you need to have spontaneity, an ability that developed due to my participation in moots and MUNs. I was lucky that I got the opportunity to appear before the Supreme Court in my initial days and I was not hesitant about arguing a matter anywhere. As far as holding organisational positions is concerned, I learnt leadership as well as being a team player from the same. The underlining factor of my participation in different committees was the idea of giving back to the institute. Any educational institution is known by its students and it was just a duty upon us to take RMLNLU forward and create a brand.

     

    What do you think the present status of legal aid is in India?

    (Anas has served as convener to the Legal Aid Committee for three years, working in areas of free legal aid, RTI, infocracy, child rights, consumer protection, juvenile justice, etc. )

    Last evening I had a chance to watch the video directed by Prakash Jha promoting legal aid in the country. NALSA is reinventing itself and is doing a great job. Having said that, it is very disturbing that most Indians even today don’t have access to justice. People are scared of going to courts or dealing with lawyers. This issue needs to be resolved and it can only be done by making people aware of their rights. My initiative was mostly inspired by the fact that as a kid I used to attend the legal aid clinics organised by various District Courts in Uttar Pradesh under the aegis of UPSLSA. My father was also a member secretary and their motto was “Nyaya chala Nirdhan se Milne”. I was greatly helped by Justice Sudhir Saxena who was then the Member Secretary of UPSLSA when we were trying to establish the Legal Aid Committee. As far as students’ contribution is concerned, I am really happy to announce that the Legal Aid Committee at RMLNLU has started a paralegal program and many students have joined the same. They sit at the assigned place right outside the university campus daily and provide legal aid to the needy. If the same model gets implemented in all law schools, it could be revolutionary.

     

    Could you share with us some of the highlights from your experiences as an intern during your legal education?

    I was lucky to intern in three major sectors like NGOs, corporate houses and litigation. The three sectors are very different from each other. While interning at Aman Biradri, I got a firsthand experience of the suffering of the street children. During my stint under Mr. Yashowardhan Swarup, I learnt about the intricacies of litigation, especially how to deal with a client.

     

    What motivated you to choose litigation over your other options?

    I am very old school. Litigation was my first choice. I firmly hold the belief that litigation is a service, and not a business. The idea that my skills can be utilised for those who have no access to justice was in itself a great motivation.

     

    As a litigating lawyer having worked on several cases, could you share with some of the judgments you have read that have shaped you as a lawyer.

    It may sound clichéd but the minority judgment of Justice H.R. Khanna in the ADM Jabalpur Case had a profound influence on me. Another Judgment that I find to be of great motivation is that of Brown vs. Board of Education, a judgment rendered by the U.S. Supreme Court ending racial segregation in educational institutions. Apart from judgments, two books that I feel every lawyer, especially young lawyers must read is Roses in December by the inimitable M.C. Chagla and Before Memory Fades by living legend Fali.S. Nariman.

     

    The first few years after graduation are considered to the most challenging . How are you coping with these challenges?

    It’s true that the first few years after graduation are most challenging especially if you’re in litigation and are living away from family. I remember travelling in DTC buses for two years and trying to cut expenses. Work is hard to come by, money even harder. Also, law school is a very protected environment whereas the world outside is harsh. Survival is a challenge. I have seen my friends and colleagues leaving litigation for good in their initial years. The only way to cope with these challenges is by constantly reminding oneself of the objective that one has in mind. One must also not let anyone dissuade you from your aim. When you enter litigation you earn much less and work harder than your friends working in a law firm or a corporate house. It becomes difficult to not give in to frustration and despair. One must remember that patience and perseverance is the key.

     

    You have argued before the High Court and Supreme Court.  How do you prepare yourself before an appearance?

    I read. I read my brief at least two to three times before standing at the bar. Also one must learn from what to say and even more importantly, what not to say in court. This is something that only comes with experience. Also one must always prepare case notes and do independent research beyond what is given in the brief. The art of advocacy is very much like acting. You need to get into the shoes of your client. You need to imagine all the possible queries from the bench. In the Supreme Court, you don’t get much time to put your point across so you must be very careful while choosing your opening lines.

     

    What has the experience been like working at the office of Adv. Ejaz Maqbool?

    Ejaz Sir was my first senior. He is known to be a hard taskmaster. He was very particular about grammar and I learnt whatever little drafting I know from him. He believes that the only way to work is by actually doing work, which is why he would often push us into difficult spots, just so we may learn in the process. I was lucky to have been a part of some very important cases like the Sohrabuddin Encounter case, Gujarat Lokayukta Case, etc. Ejaz Sir’s office is rife with opportunity.  Most importantly, I was lucky to have some really good senior colleagues who taught me a lot. I owe to them much more than I owe anyone in the profession.

     

    Tell us a bit about the nature of work you did at the office of Adv. Fuzail Ahmed. What does a typical work day look like for you?

    Fuzail Ayyubi’s office was like a home to me. I worked there for more than three years. Fuzail Sir’s office gave me the freedom and confidence to trust my work. Also the variety of work there was a huge factor in developing my legal acumen. I have never seen a lawyer as calm as Fuzail Ayyubi. In my three year long stint in his office I rarely saw him angry. A typical work day started with going to the Supreme Court to attend the matters and coming back to office and working on the matters to be prepared and drafted.

     

    Congratulations on starting your independent practice as of 2017! What prompted you to take that step?

    It was the motivation of Fuzail Ayyubi and support of Mr. Sanjay Hegde, Senior Advocate, that gave me the confidence to start my independent practice. Sanjay Sir has been really magnanimous to let me operate independently from his office under the British Chamber System. This is a very novel experiment that he is conducting and is a really good opportunity for young lawyers like me. I have been practicing exclusively in Supreme Court for a long time and now I intend to practice in other courts and tribunals. I will continue with my social justice litigation alongside commercial litigation and arbitrations.

    What would you like to say to our readers who are mostly students and young lawyers, as a parting message?

    To students I would like to say that the opportunities that you get in law schools shape your personality. Do everything that law school offers. Participate in moots, write research papers and get them published. You’ll never get such an opportunity again. To lawyers younger than me I’ll tell them that lack of means is no excuse. Anyone who works hard will eventually succeed.

     

     

  • Souvik Paul Mazumdar, Partner, ALMT Legal, on his journey to the top, his inspiration, and managing multiple verticals

    Souvik Paul Mazumdar, Partner, ALMT Legal, on his journey to the top, his inspiration, and managing multiple verticals

    Souvik Paul Mazumdar graduated from M.S. Ramaiah College of Law in 2005. He joined ALMT Legal soon after. His corporate practice includes advising and assisting corporates and promoters in private equity investments, mergers and acquisitions, cross border corporate structuring and capital market transaction. He has advised clients in international offerings before AIM (Alternative Investment Market) in London. He has also been closely associated with various sports management and celebrity management companies as a legal advisor and is currently concentrating on developing and building the Sports, Media and Entertainment law practice of ALMT Legal.

    In this interview we speak to him about:

    • His journey from being an Associate to Partner at ALMT
    • His experience working under varied verticals, under a host of capable mentors
    • Taking his father’s legacy of legal practice forward

     

    Was law always the career you wanted to take up? What inspired you to pursue law?

    To be very honest, yes, law was always my first choice. I did try my hand at the National Defence Academy by filling the form and was also fascinated by the Navy, but these were fleeting interests. Law has always been my constant passion

    My father was a senior lawyer in the Guwahati High Court. He inspired me to pursue law. I remember being in awe of his extensive collection of books and watching him read all day. Unfortunately, I never got the chance to practise under him as he passed away while I was in school. But the apple doesn’t fall far from the tree, does it. I feel connected to him through my practice of law. I love challenges and in a profession like law, every day is a new experience. The learning never stops when you are a lawyer. There is a new problem each day and with it emerges a new solution every time.

    You graduated from M.S. Ramaiah College of Law; tell us a bit about college life at BU.

    My time in college is unforgettable. Apart from just academics, those five years taught me to be independent and face the world on my own; to be able to overcome any hurdle. Coming from a small town, I had a bit of a culture shock, but managed easily. Apart from studying, my main interests were sports and motor biking. I used to play every possible sport, especially cricket.

     

    How did you come to join ALMT? What was your experience there like?

    I was supposed to intern with ALMT Legal along with my friend Debosree Paul during our final year. Unfortunately, that never crystallised. But I was acquainted with the ALMT Legal team. Mr. Arvind Kamath (my professor at Ramaiah College and now Partner at ALMT Legal) knew Mr. S.R. Arun (Senior Partner) and Mr. Prashant Popat (Senior Partner) personally. He suggested that I meet them for an interview and the rest is history.

    I believe that a fresher should concentrate on learning during the early years of their professional life and should not bother about packages. As my senior Mr. Vachan always use to say, “for a lawyer, the first ten years is learning, learning and learning, after ten years, the ‘L’ goes off and it is earning, earning and earning”. A fresher should decide what he/she wants to do and accordingly take a call to decide the right place. Work quantity and quality is very important.

    My experience over the first few years was very interesting. I made mistakes and learnt from my mistakes, I was too enthusiastic about many things. I started my career as an immigration and IP lawyer and moved to proper corporate law, employment law, sports law and media law gradually.

     

    ALMT was your first job and continues to be your workplace. What are things that you enjoy most about working here? How have you seen the firm grow during your twelve years here?

    I enjoy everything about the place! The people, the learning, the atmosphere, the seniors, the associates, the work culture, the bonhomie, everything. Most of us have been here for years and just love to be here and work and contribute towards ALMT Legal’s growth each day. I have grown from a fresher associate to a Partner.

    The firm has grown in diverse ways. It started in 2003 in Bangalore and I joined in 2005. When I joined, we had three partners and six associates (including me). Today we are twelve partners with almost 40 associates.

    We have grown in terms of clientele and also expertise. Many practice areas have developed in front of me. Today, we are a full service law firm and can assist clients across the globe and through different verticals.

     

    Have you had a guide or mentor in the industry? Do you think it important to have someone to look up to and take advice from in shaping a successful career?

    At ALMT Legal, I had many mentors. They were always around to guide me. Rajat Bopaiah and Junia Sebastian were always around to help me as friends. They corrected my mistakes. I have learnt to be meticulous with Dhanya Menon’s training. Rakesh Prabhu was my first senior and helped me grow over the years. Mr. Arvind Kamath is like a teacher to me. Mr. Prashant Popat’s teaching made me a better human being. Over the last twelve years, I have changed a lot; I’ve learnt to be a better person, and that is because of Mr. Prashant Popat.

    Last, and perhaps the most important is Mr. S.R. Arun. People who know me are aware of his influence in my life. He has been a true mentor to me in honing my skills as a lawyer. Everything I know has been taught by him. If I end up being even half the lawyer he is, I would consider that a huge accomplishment. I think having a mentor definitely helps you a lot. It is a huge benefit.

     

    As one of the most sought out after places for internships in Bangalore, what does ALMT look for in prospective interns and employees?

    What we look for is dedication, the hunger to learn and discipline. If you have these attributes, the sky is the limit.

     

    Your body of work includes cases dealing with M&A, Capital Markets, Sports Law, Entertainment and Media Law, Private Equity, Labour Law etc. How did you manage to build such a diverse repertoire?

    It is the hunger to learn that drives me. It is not that I decided to take up all these areas of practice. It happened and I decided to flow with it. I love challenges and these were challenges.

    One morning in 2010, I was in Mumbai to assist a client with his media law and sports law related requirement for the next eight months. It was the first time that I was dealing with something like that. The firm trusted me and I trusted my confidence. And that’s how the journey of sports law and media law started.

     

    What are the tricks to good legal drafting and advising clients successfully? What are the rookie mistakes that can be avoided?

    What you need to do is read well, be well prepared about your client’s background so that he need not give you the entire story, be a good listener, make notes for everything, have an eye for detail, think from a devil’s advocate perspective, avoid copy-paste and if you do so, please read it again to verify, keep things crisp and to the point, as this is not an examination paper where you think of filling up pages, and above all, be patient

     

    As a partner at ALMT, what does an average work day look like for you? Our readers would be very interested in understanding the roles and responsibilities of someone in your position.

    Average work day is anywhere between ten to fourteen hours of work. During transaction and deadline deliverables it can go upto 24 hours also. It is a personal choice that you make.

    Responsibility of a Partner is like the captain of the ship. You need to drive the client attorney relation. You are the person responsible. Be attentive, review everything, motivate your associates and when required do some fire fighting too.

     

    Outside law you have several interests including reading, painting and sports. How do you manage your time effectively between work and your hobbies?

    I try to keep my weekends free. Dedicate time to my beautiful wife, my adorable dog and to my hobbies. A busy man always finds time for things that can keep him busy. I was one of the co-founders of Justice League Cricket Club and have been actively involved in organising the Law Firm Tournament in the past and also participating in many Corporate T20 cricket tournaments.

     

    Where would you like your career to take you in five years?

    I have never been an astrologer trying to see the future. I take each day as it comes so probably enjoy what I am doing and touch base on some newer verticals of law.

     

    What is your advice to fresh graduates who aspire to work at law firms as Associates?

    Be yourself and the world will accept you, but yes, you have to be focused, develop new interests, be dedicated and diligent, and control your arrogance.

     

    What would your parting message be for our readers, given that most of them are young lawyers and students of law?

    Be good and do good. It is a lovely profession and there is so much to learn. Just follow your instincts and believe in destiny. When I was in school, I believed that I was destined to study law in Guwahati and practice litigation in Guwahati High Court. Look where I am today. Don’t get too hassled and paranoid with events happening around. Stay calm and as my senior Rakesh says, “keep walking”.