Super Lawyer

Category: Academics, Researchers and International Organisations

  • Nitsimar Guliani, Associate, Chadha & Chadha Intellectual Property Law Firm shares about the work young IP lawyers have to do in the beginning

    Nitsimar Guliani, Associate, Chadha & Chadha Intellectual Property Law Firm shares about the work young IP lawyers have to do in the beginning

    Nitsimar Guliani graduated from Symbiosis Law School, Noida in 2018. She is currently an Associate with Chadha & Chadha Intellectual Property Law Firm, and specialises in trademarks, copyrights, and domain name disputes. She has been doing some interesting work around trademark and IP Law, and recently Ramanuj interviewed her about

    • Kind of work young IP lawyers have to do in the beginning
    • What kind of internships are more useful
    • Is Symbiosis Noida a good option?
    • Counterfeiting of goods in e-commerce platforms
    • Trademark law and using your competitors trademark for keyword advertising
    • Laws that govern domain name disputes in India
    • Her experience of doing a course with our own LawSikho

    What can I do in college to get into an IP law firm as a fresher? What kind of work do first year IP lawyers do?

    First, I suggest that you have your basics about the law clear i.e. the act, procedure, landmark judgments, etc., as it will just make it a little bit easier when you start working and won’t have to spend time looking for the law. Second, internships. As a law student, I pursued a lot of internships, 13 in total, and those internships helped me understand what I liked, and didn’t like. Internships are very important as they help you eliminate the fields you don’t like, so you can focus on what you do. When you are interning, always be willing (maybe even, pushy) to do more kinds of work. Since doing that work during internships will give you a head start on what your actual work is going to be like.

    Also, I recommend interning in smaller setups because it will give you a lot of exposure to different kinds of work, more responsibility and you get the chance to have seniors to review your performance closely. Interning at smaller firms matters even more in IP law, because most IPR firms (and I only speak for the trademark and copyrights team) are divided into prosecution, opposition, and litigation departments. So, essentially one ends up doing one thing only. However, if you are in a smaller setup, this divide will not really exist. I have been very lucky to have been exposed to different kinds of work at my law firm, Chadha & Chadha. I have done prosecution, opposition, litigation, domain name disputes, matters in neighboring countries, etc. Most of my work includes drafting and dealing with client queries. As a first-year lawyer, you are basically doing all the groundwork, which gets reviewed by your seniors. So, you should be the one knowing the matter inside-out. While you always have your seniors, you must always try to take as much ownership of your work as you can.

    What are the pros and cons of studying in Symbiosis Law School, Noida? How did your college help you in getting recruited?

    There are more pros, than cons of studying in Symbiosis, Noida. The pros being, my college really helped us prepare to fit into the real world. Our curriculum was designed to not focus on rote learning, so our internal examinations were usually application-based questions. Our college greatly focused on the importance of internships from Semester I. So, doing one internship per semester during the semester breaks was mandatory. And in the fourth and fifth year of college, we had the liberty to intern during the semester as well. Our classes were spaced out in such a way that we would have a couple of hours of college in the morning for 3-4 days from Monday to Friday. So, one was free to focus on what they wanted to pursue after college, like an internship if they wanted to land a job, prepare for judiciary, LLM, etc. Sundays, we usually had college from morning to evening, which got really tiring but was all worth it in the end. Our college was also extremely strict in terms of dress code. Formals meant you could not roll up your sleeves, could not wear leggings (for girls) and could not have a shaggy hairstyle. Those five years groomed us and we now understand the importance of dressing well in our profession.

    Cons of studying in Symbiosis, Noida – our campus is small, so we didn’t really have a “campus life” but we had our fair share of fun, outside the campus.

    The placement cell at college was really good. Fourth and fifth year onwards, we had recruitment offers from law firms, senior advocates and companies. Though I chose a placement off campus since I wanted to pursue IPR & the campus placements didn’t have a lot of IPR firms coming that year. But our college prepared us in such a way, that we had developed the skills and the experience, especially in the fourth and fifth year, to look for a job on our own. And that’s what I did.

    Counterfeiting is a massive problem in e-commerce. Tell us about the legal position in India with respect to this.

    Internet is largely an unregulated platform, so it’s easier than ever before to sell counterfeit goods online. A bare look at the products on the screen, makes it difficult (and sometimes, impossible) to tell whether its fake or real. So, the customer ends up buying the product, as a physical inspection of the goods only occurs on delivery.

    The Indian courts have been dealing with the issue of counterfeiting since a while now. But there is no specific law governing counterfeiting in India. Therefore, the existing statute is interpreted.

    The Trade Marks Act, 1999 defines counterfeiting in terms of “falsification” and “false application” of a trademark and the same is a cognizable offence.

    The Information Technology Act, 2000 has defined the term “intermediary” to include entities as varied as internet service providers (ISPs), social media companies, e-commerce apps, and even cyber cafes. Intermediaries are the backbone of commerce, but quite often abettors to counterfeiting and trademark infringement. IT Act provides “safe harbour protection” to intermediaries against any liability for third-party provided it had no knowledge of its illegality or exercised due diligence.

    However, this does not mean that all e-commerce marketplaces are “intermediaries” and entitled to the exemption. The Delhi High Court had recently pronounced a landmark judgment on the issue of trademark infringement and counterfeiting online. The Court held that any active contribution by the platform or online marketplace removes the ring of protection available to intermediaries under the IT Act. Therefore, when an e-commerce website actively participates and allows storing of counterfeit goods, they are liable for action.

    How does trademark infringement occur through keyword advertising? Tell us more about the legal position in India.

    The system of Keyword Advertising is such that it enables any economic operator to obtain placement for advertisement by selection of one or more “keywords.” This means that any person can also buy a “keyword” which is someone else’s trademark. Quite often, it is a tactic used by competitors to divert the rival’s customers to themselves. The display of a Sponsored Link on searching a particular term when leads to confusion in the minds of the consumer as to the origin of the goods amount to trademark infringement and/or passing off.

    In India, there is no legislation which expressly restricts the use of trademarks in a search engine. Therefore, the existing statute is interpreted. Section 29(8) of the Trademarks Act includes infringement by advertising.

    The Indian Courts have dealt with a few instances of Keyword advertising disputes. However, they have only looked into the concept of “likelihood of confusion.”

    The issue of whether keyword-triggered advertisements constitute trademark infringement by the search engines yet to be decided conclusively, worldwide.

    Google’s Advertising policy prohibits intellectual property infringement. One can submit a complaint regarding trademark infringement. While Google investigates such complaints, it, however, does not aid in dispute resolution. The resolution is left to the parties. Furthermore, Google allows the “fair use” of trademark in ad texts if it is used by a reseller or the trademark is used for informational purposes. Google’s Ad Text Policy specifically exempts from investigation ad text that uses the term descriptively in its ordinary meaning rather than in reference to the trademark. This essentially means that a lot of competitors work around the loopholes.

    You have worked on domain name disputes. Tell us about the resolution of domain name disputes in India.

    As we know, anyone can buy a domain name on the internet, which makes it an easy platform for infringers to violate someone else’s rights. In order to specifically deal with disputes relating to .IN domain names, the Government of India has formulated the .IN Domain name Resolution Policy (INDRP). The policy is in line with the international policy (UDRP) for domain names dispute resolution. INDRP deals with registered domain names which are identical and/or confusingly similar to that of another.

    The disputes filed under INDRP are referred to the .IN Registry which is NIXI (National Internet Exchange of India) and are resolved through Arbitration. The Arbitration and Conciliation Act, INDRP, Rules of Procedure and any bye-laws apply.

    The procedure is fairly simple. The aggrieved party submits a Complaint against the Registrant of the Domain name in the prescribed format. A statement of defence is filed by the other side followed by a statement of Rebuttal (by the Complainant) and a Counter-reply (by the Registrant) after which the award is passed by the appointed arbitrator.

    Three conditions are required to be satisfied in order to obtain a favourable award in an INDRP dispute:

    1. The domain name in question is identical and confusingly similar to a name, trademark or service mark in which the Complainant has rights
    2. The Registrant of that domain name has no rights in the domain name;
    3. The Registrant has registered or is using the domain name in bad faith.

    The INDRP resolution mechanism is very efficient. The case, I worked on, the award was passed in favour of the Complainant and against the Registrant of the domain name within 5 months. After the award is passed, the Registrant is given 3 months for the execution of the award i.e. to transfer the domain name. If the Registrant doesn’t comply, NIXI is very pro-active in assisting in execution. Communications are done over e-mail, and the response time is also pretty efficient. Also, like any arbitration, if the Registrant is unsatisfied with the award, he has 90 days to appeal the decision.

    Why did you take a course from LawSikho? How was your experience and how did it help?

    I was in my fourth year at Law School and found about the LawSikho courses over the internet. When I read about the curriculum, I enrolled for it without a second thought because I knew that LawSikho courses go beyond what is taught in the classrooms. The best part was that we were all assigned a mentor, who we could call, chat with and learn from. The classes were held online, and remain uploaded, so you can also keep going back to them or take them as per your own convenience.

    The LawSikho courses are designed in a way to really expand your learning, because you learn from professionals who have an expertise in a particular area of law. Also, the course developed a community of learners, who share knowledge and help each other with queries, till date!

  • Amrit Subhadarsi, Assistant Professor, KIIT University, on experience in academia and legal education system of India

    Amrit Subhadarsi, Assistant Professor, KIIT University, on experience in academia and legal education system of India

    Amrit Subhadarsi is currently an assistant professor at KIIT University. He completed his BA LLB from School of Law, KIIT Deemed to be University, and his masters in Corporate Law from National Law University, Odisha in 2017 and was nominated as LLM student representative to Prof G.V Ajappa, a leading expert on jurisprudence in India. He has written a book on Standard Essential Patents and abuse of dominance in the global telecommunication industry, which has been published by Laxmi Book Publications. He regularly engages with institutions and regulators alike to provide a platform for students to learn practical insights into the workings in a particular industry in corporate law. Before joining the academia, He has also worked as a trademark analyst in legal consultancy wherein, He has engaged extensively in analyzing and preparing reports on trademark case laws from the European Union and Commonwealth.

    In this interview we speak to him about:

    • His interest in academia
    • His opinion on the Indian legal education system; and
    • His experience as an Assistant Professor at KIIT University.

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? PLEASE TELL US SOMETHING ABOUT YOUR PRE-COLLEGE LIFE?

    I am a soft-spoken and amicable person, with a passion for reading and writing. I am a native of Odisha and belong to a non-legal background. During my higher secondary schooling in Kolkata, I was a shy kid, a major obstacle in a society which considers shyness as a demerit. I was fortunate enough that I had good friends to guide me during my tough days. I was and still am a voracious reader. I never had much inclination towards pursuing commerce or science and I felt like I had a calling for arts subjects. Particularly, subjects like political science and sociology became my favourite. While reading newspapers, often I came across legal articles and interviews which I used to read with great interest and thus began the quest for having legal knowledge.

    YOU HAVE DONE YOUR MASTERS IN LAW. HOW WAS YOUR LLM EXPERIENCE AT NLU ORISSA. WHAT ARE THE CHALLENGES YOU HAD FACED WHILE STUDYING AT NLU ORISSA?

    The introduction of one year LLM has turned out to be a bane. One year LLM does not allow the student to explore research avenues effectively. For instance, if a person wishes to be a member of a research center, or take part in moot courts, then such avenues are not there. Further, it does not allow the student to make any one particular area as a specialization because many subjects have to be studied in such a short span of time. There are few institutes that encourage LLM students to take part in moots. But, this needs to be institutionalized, because more than mooting skills, research in moot courts can help the LLM student to make it a specialization later. I was fortunate enough, that despite the one year LLM, I managed to be an active member of the Center for Corporate Law, be nominated to represent the institution in a lecture series by Professor G.V Ajappa, a leading authority on jurisprudence in India. Also, my dissertation secured the highest marks which I have converted into a book slated for a release in March.

    WHAT IS YOUR OPINION ON THE INDIAN LEGAL EDUCATION SYSTEM?

    At the moment there is a large vacuum in the Indian legal education system. Systematic changes need to happen across three levels: students, parents and institution. At the student level, they need to understand that five years of legal education is not to just to train them with skills for the corporate sector but to equip them with analytical skills prerequisite for the legal profession. This brings me to the other two levels: parents and institutions. It is here that a paradigm shift is required. Many parents look forward to a well-paying job after graduation, but not necessarily quality education. In India therefore, the focus is on to generate placements and not delivering quality education. Fortunately, KIIT School of Law has emerged as an exception to this trend as among other laurels it has now secured the most innovative law school award in 2018.

    HOW HAS LEGAL EDUCATION SYSTEM CHANGED OVER THE YEARS AND WHAT ARE THE ADVANTAGES AS WELL AS DISADVANTAGES OF THIS CHANGE? WHAT CAN STUDENTS OF TODAY LEARN FROM THE OLD SYSTEM OF LEGAL EDUCATION?

    The legal education system has undergone a sea change over the years. Some advantages include many institutions like KIIT School of Law and a few others providing excellent infrastructure and resources to students. The new legal education system is also incorporating emerging trends in society, through classroom innovation, developing legal clinics, practical training for mock trials and moot courts, corporate and business laws being part of the curriculum more frequently. The advantage is that the students get the opportunity to learn practical aspects apart from theory at a very young stage, unlike in the earlier system, where such skills were taught only in the final years. Besides these advantages, the demerit is that students are no longer researching from books and journals as they used to before and this is inhibiting their development of analytical skills. Students must go beyond the ‘Google it’ mentality to ‘original research’ mentality.

    WHAT PROMPTED YOU TO CHOOSE TEACHING AS A CAREER?

    I always had an inclination for reading, writing and researching on my areas of interest. I never found research as boring as many in their student days often complain. Quite frankly, I was confused for quite some time even in my final year as well and still remember how my friends tolerated my constant changes in decisions. Eventually, as I was delivering a demo lecture during one of my post graduation classes, I realized this is something I could do passionately, not feel like work and not be bored. When you come out of class fully satisfied, that is when you know that you are in the right profession. These coupled with my patience for research and writing help cement my decision for academia.

    TELL US ABOUT YOUR TEACHING METHODOLOGY.

    Depending upon the subject, the teaching method varies. For instance, a paper having a mix of theoretical and practical knowledge ensures that I adopt lecture and Socratic Method along with practical training such as classroom simulations, or activity based class assignments, etc. For theory subjects, I usually adopt a mix of lecture and Socratic dialogue method. Before beginning the class, I regularly ask the students about the discussions in the previous class so the next class commences from where we left off. Reading assignments for the next class are also given.

    HOW IMPORTANT A ROLE DO YOU THINK LAW SCHOOL PLAYS IN SHAPING ONE’S CAREER?

    It is common knowledge in legal fraternity that teaching standards in Indian law schools have come down drastically. That does not mean all law schools should be painted with the same brush. Both the institution and student complement each other for laying down the foundation for future development. The current crop of students comes with a ‘fixed mindset’, whereas what is needed is a ‘growth mindset’. The same standard for any law school also. Based on their mindset, the student shapes his or her formative years at law school.

    All law schools may not be perfectly equipped to provide practical training, but they do provide opportunities for learning them through moot courts, internships, training courses, among others. Law schools are platforms for a vibrant mix of theoretical and practical training. But to learn them, the student has to navigate his way through networking. It is not a one-way street. Both students and institutions when complement each other, it leads to holistic development. What is needed therefore is a way to engage with students and institutions holistically. For instance, KIIT School of Law is one of the few institutions where because of engagement; many of our students have excelled in national and international moots, publications, higher academic research, among others.

    YOU ARE NOW WORKING AS AN ASSISTANT PROFESSOR AT KIIT UNIVERSITY. HOW IS YOUR WORK EXPERIENCE SO FAR?

    The experience of working at the school of law, KIIT Deemed to be University has been very comforting. When you start working at a place that is unfamiliar to you, there are some challenges you need to encounter, for instance, blending in with new people, with the work culture. But KIIT has been special for me for a number of reasons. Firstly, working at your alumnus provides me with a sense of pride when viewed from the other side of the table and working alongside many of my faculties who are always there to guide me. This helps increase your productivity manifold and sense of belongingness. Secondly, KIIT School of Law has been awarded the most innovative law school in India for 2018 and KIIT University has also earned a place in the Times Higher Education rankings. Working at a prestigious institution like this has given me exposure like never before and has definitely added to my professionalism traits.

    COULD YOU GIVE OUR YOUNG READERS CERTAIN TIPS ON EXCELLING IN ACADEMICS?

    Firstly, it is imperative for the faculty to reach class not on time but five minutes before time as it allows the faculty to prepare mentally. Students also would know that time must be maintained and consequently, the flow of teaching will not be disturbed. One should understand that excelling in academics not only means being a good teacher, but also a good guide, a good writer and researcher. If writing, lecturing and researching fascinate a student, then academics can be given a shot. Hence, prioritization is critical.

    Preparing the agenda of the class a day before leaves room for actual preparation for class. One should also accept the fact that not all students will have equal levels of aptitude and curiosity which is why regurgitating whatever preparation was made before class is not going to be enough. Students expect innovativeness in teaching and hence the teacher must be updated about subject content (hard skills) and an effective orator and communicator (soft skills). Also just like the student, once in academics, the individual must not stop reading. Effort must be made to make the teaching as interdisciplinary as possible so that both students and teachers have scope to add value to classroom discussions. Lastly, research and writing must be at the highest level. For instance, I have successfully converted my dissertation, which secured the highest marks, into a book which is slated for release this March.

     

    WHAT IS YOUR ADVICE TO STUDENTS WHO WISH TO PURSUE CAREER IN ACADEMICS BUT ARE CONFUSED BETWEEN LITIGATION AND ACADEMICS?

    Both litigation and academics have their own set of desired skill sets and perks. There is a common misconception that a job in academia means a comfortable lifestyle. This fallacious attitude leads many to take up academics as well. But I believe, as a student, one should first prepare a list of do’s and don’ts. For instance, the latter can include not succumbing to peer pressure and herd mentality. This will allow the student to take a realistic approach.

    The former can include watching out for signs where the student can develop skills. If the student has the inclination to research, write, loves to speak on a platform, and just loves to read, teaching is ideal. However, if the idea is to use the aforesaid to practice and argue before a judge, he or she must be prepared to struggle for years in litigation before making decent money. Of course, such choices do get affected by scenarios like mounting student loans or other financial burdens, in which case choosing litigation instead of a well-paid job is a pursuit in a fool’s paradise.

    HOW DID YOU DECIDE TO WRITE YOUR FIRST BOOK COMPARATIVE LAW RELATING TO PATENTS AND ABUSE OF DOMINANCE IN THE GLOBAL TELECOMMUNICATION INDUSTRY? WHAT WERE THE CHALLENGES YOU FACED AS A FIRST-TIME WRITER?

    I was already interested in this topic during my LL.B and got familiar with this topic when our team secured the approval for participation in our second moot court after clearing the intra moot court stage. However, at the same time, our final year placements were about to commence and I did not want to miss my shot at placements. So I had to leave this opportunity. But, I knew someday I would engage in research in this area, though not definitely knowing that I would publish a book on it someday. Broadly there are two sets of challenges for a first time writer like me. The first is to not get carried away by believing that merely because one is skilled at writing a good journal article, one should also be equally good when writing a book. The time invested, the patience utilized and the numerous proofreads that goes into one chapter for a book is a herculean task. A seasoned writer will, of course, know how to vary his or her strategy regarding publication in a journal and a publication as a book. The second challenge is that in a topic as specific as Standard Essential Patents in Telecom Industry and Competition Law, where the scope in India is ever increasing, it is very difficult to write within established regulatory rules, as the same is changing very quickly. Plus, due to lack of jurisprudence in India, I compared US, EU, UK, China and Japan, which are the other jurisdictions where such cases have had the most prominent impact during my research, and have written India’s first of a kind book on linkages between Intellectual Property and competition law in the telecom industries in major jurisdictions.

    HOW DOES ONE GET THEIR BOOK PUBLISHED?

    Being a first-time writer, I did not have contacts with established publication houses. However, I took my chances and made contact with few big publication houses, where my work was rejected because the market demand is for books catering to general subjects like Intellectual Property or Competition Law, but not an amalgamation of both. This is understandable because of the demand by students and also the fact that with a first time author the publication houses will be a little apprehensive. It’s important therefore that one uses professional networking sites such as Linkedin to use it to find and connect with publishers who can take a chance with first time choices. In other words, an open mind has to be kept. So, I approached another publication house as I believe that one needs to start somewhere regardless of the size of the publication house. I was initially apprehensive but I must give credit to them as they did their job professionally and meticulously changed the content, the font, the footnote font, page borders, book design and covers.

     

    HOW DID YOU MANAGE THE TIME TO WRITE A BOOK?

    Frankly speaking, this book is actually my dissertation in corporate law, which secured the highest marks during my post graduation. I never started with the intention to write a book, but I knew I had to give it all. So instead of working on projects which were given to us, I started working on my dissertation, a herculean task when six jurisdictions had to be comparatively analysed. I knew I had to maintain attendance for exams and could not pull all-nighters (which personally I love). So, I skipped some of my classes, sat throughout the whole day, and engaged in back-breaking research work and compilation. But, I am glad it was worth it and the hard work paid off.

     

    WHERE DO YOU WANT TO SEE YOURSELF FIVE TO TEN YEARS DOWN THE LINE?

    Legal academia is no longer confined to just imparting quality education. Faculties are also engaged in consultancy and advisory work. So in five to ten years, I would love for myself to be an established academician in my chosen field of specialization and create value through new avenues. It could be through publishing books and papers, value generation through consultancy for the institution and most importantly creating a conducive classroom learning atmosphere where students yearn for my lectures.

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS WHO ARE PRIMARILY LAW STUDENTS AND YOUNG LAWYERS?

    My advice would be to never stop exploring. There is a no bigger teacher than one’s own curiosity. One should always be on the lookout for ‘unlearning’ as it helps to widen understanding of how a system works. And lastly, students must accept that the legal job market is not what it used to be decades ago. There are tons of options and it is but obvious that they will be confused. So trust your instincts and find avenues which match your desired skill sets. The path will follow.

     

  • Monika Choudhary, on securing 3rd Rank in Rajasthan Judicial Services, preparing for judicial services, and being a Company Secretary

    Monika Choudhary, on securing 3rd Rank in Rajasthan Judicial Services, preparing for judicial services, and being a Company Secretary

    Monika Choudhary graduated from ILS Law College, Pune in 2017. Soon thereafter, she started preparing for the Judicial Services exam. She secured the third rank in the Rajasthan Judicial Services Examination, 2017. Her academic feats also include successfully completing her Company Secretary Course while simultaneously reading the law.

    In this interview, we speak to her about:

    • The process and strategy followed to crack the Judicial Services Examination
    • Tips for facing the nerve-wracking interview
    • The syllabus and books referred to in order to crack the exam
    • Advice to budding lawyers looking at attempting the judiciary exams

     

    CONGRATS ON YOUR SUCCESS, MONIKA! PLEASE INTRODUCE YOURSELF TO OUR READERS.

    Thank you! And thanks for providing me with this opportunity to connect with your readers 🙂

    Hello everyone. I am Monika Choudhary from Bharatpur, Rajasthan. I have secured Rank 3 in Rajasthan Judicial Services Examination 2017 in my first attempt. I studied law at ILS Law College, Pune and graduated in 2017. Meanwhile, I also undertook Company Secretaries course, which I completed in 2016. I began preparing for Judicial Services examination right after finishing the college.

     

    WHAT MADE YOU CHOOSE JUDICIARY AS A CAREER OPTION? WHEN DID THE IDEA OF TAKING UP A CAREER IN JUDICIAL SERVICES PROP UP?

    I always knew what I wanted to do but I never knew how. Hence, during my time at law school, I kept myself open for experience and seized every opportunity I got, be it internships or competitions. The more I explored the more I figured that judiciary was the answer to my how.

    I desperately wanted to be instrumental to the change I wanted to see in the world, being part of Judiciary would allow me to do just that. Toward the end of the final year of law school, I had made up mind to prepare for judicial exams.

     

    WHAT IS THE PATTERN OF THE RJS EXAM?

    Like most judicial services exam, RJS exam comprises of three levels- objective type Preliminary Examination, Written Mains Examination and Interview. The preliminary exam is a hundred marks paper without any negative marking. Out of which seventy per cent weightage is given to law subjects and remaining comprises Hindi and English grammar.

    Mains consists of four papers; Law paper I and Law paper II (each three-hour duration) and English and Hindi essay papers (each two-hour duration).

     

    TELL US ABOUT YOUR OVERALL STRATEGY FOR RJS PRELIMS.

    There were four pillars to my preparation: Bare Acts, Textbooks, previous year papers and mock test papers.

    Syllabus for mains and pre is quite similar, hence I did not prepare for them separately. However, my mindset and approach for each level were very different.

    I made sure I was thorough with the bare Act before I delved into other sources, but some rather intricate subjects like Evidence and Transfer of Property Act, Contracts law required a simultaneous reading of bare Act and textbooks. I prepared notes from textbooks for most of these subjects and maintained a list of case laws that I needed to remember.

    It’s important to understand that for certain subjects like Juvenile Justice Act, POCSO, Probation Act etc. only reading bare act may be sufficient. But for other major laws such as Evidence, Constitution etc., doing the same would not meet the requirements of the exam.

    For updating myself with current happening in the legal world and latest judgments I relied upon sites such as- Live Law, IndianKanoon, SCC online blog etc.

    For whole one month before the prelims exam I restricted myself to bare Acts and self-notes and followed a simple mantra- Revise, Revise and Revise. During this period I diligently attended as many mock tests as possible to get the understanding and feel of the exam.

     

    TELL US ABOUT YOUR OVERALL STRATEGY FOR RJS MAINS.

    As I mentioned earlier prelims and mains don’t require separate preparation, I would only mention additional things that I did for the mains.

    Firstly, I did not try to prepare perfect notes at once (Rome wasn’t built in a day! :-)), I kept on updating my notes and revised them regularly.

    Secondly, mains being a written type paper I practised solving as many previous year question papers as I could lay my hands on. It not only helped me understand areas that needed more attention but also equipped me to manage my time well in the examination hall.

    Moreover certain portions such as judgement writing, essay writing only form part of mains syllabus. For preparing essays, topics can be divided into categories such as Rajasthan and its culture, Legal Topics, Contemporary socio-economic issues etc. I prepared model essays for probable topics and practised writing three to four essays per week.

    In retrospect, I feel this should ideally be done before prelims itself.

    Since this year, the paper pattern of RJS has undergone sea changes. Now, problem or case law based questions are asked more than ever. It means that a rote learning of bare act and case laws won’t suffice. One needs to develop the ability to apply the law to any set of given facts. Reading judgements and solving problem-based questions will prepare one to think like a judge and enhance the application of judicial mind.

     

    HOW DID YOU PREPARE FOR YOUR INTERVIEW?

    My family and friends were my guiding stars during interview preparation. Based on the feedback I received from them, I worked on the areas that needed improvement. In addition to that, mock interviews proved to be of great help as they alleviated my doubts and fear of actual interview.

    A typical interview involves questions based on the following – personal and academic background; current and general knowledge; and Legal knowledge. For all these, I prepared a list of FAQs with precise answers. I also watched the UPSC mock interview on Youtube to get further insights.

    To sum up, since an interview is an assessment of your overall personality, the key to a successful interview is to understand your strengths and weakness and work over it. Don’t be afraid to state your opinion, DON’T give generic answers and be spontaneous.

     

    CAN YOU SHARE YOUR BOOK LIST FOR ALL SUBJECTS/PARTS (PRELIMS AND MAINS?)

    I referred to following standard books-

    Constitution: M.P. Singh

    Contracts/Partnership/Specific Relief: Avatar Singh and R.K. Bangia

    Torts: R.K. Bangia

    Transfer of Property Act: R.K. Sinha

    Family law: Poonam Pradhan

    IPC: P.S.A Pillai

    Evidence: Batuk Lal

    CPC: C.K. Takwani

    CrPC: R.V. Kelkar

    Hindi Essays (Raj): Rajasthan Adhyayan, R.B.S.E

    Hindi Grammar: Vyakaran Rachna, R.B.S.E

    Previous year papers: Universal’s Guide to Judicial Service Examination

    Other books that I referred to include – law guide for Judicial Service Exam by A.K. Jain, Universal’s DJS Examination by Shailainder Malik.

    I would like to issue a caveat here- reading these books cover to cover is very time consuming and unnecessary, instead a selective approach should be adopted.

     

    WHEN DID YOU START PREPARING FOR THE JUDICIAL SERVICES? FOR HOW LONG DID YOU PREPARE AND HOW MANY HOURS DID YOU PUT IN?

    I started preparing for the judiciary in September 2017 and appeared for mains in September 2018, so roughly it involved twelve months.

    Initially, I tried to put in a fixed number of hours every day. However, it was hard to put six hours on days like Diwali but easier to put eleven hours on a regular Wednesday. So, I divided syllabus in modules and set up weekly and monthly targets instead.

     

    WHAT WERE SOME CHALLENGES YOU FACED AND HOW DID YOU OVERCOME THEM?

    I dreaded writing Hindi essay, I was out of practice and writing a full-length essay on a topic is already hard enough. I overcame this challenge by reading Hindi newspaper and practising writing a few pages daily.

     

    WHAT WERE THE MOST IMPORTANT ‘RIGHT THINGS/STRATEGIES’ YOU IMPLEMENTED?

    What really worked for me was the cliché’ stuff that I read in the interviews of people who had cracked competitive exams. Such as- keeping things simple. Sticking to a schedule. Regular revisions. Staying positive etc. I figure it is cliché because it really works. It did for me.

     

    HOW WAS YOUR INTERVIEW AND WHAT SORT OF QUESTIONS WERE ASKED?

    My interview was a really good experience. It lasted for about 25 minutes and I was asked approximately 15 questions. A wide variety of questions were put to me, some general question such as –Why did you pursue CS; Why RJS?

    A few opinion based questions such as- What is your opinion on the Sabrimala Temple issue and Triple Talaq Judgement? They further made me draw an analogy between the two.

    Others were purely legal questions like – Differentiate between “Due process” and “procedure established by law”; What are exceptions to Section 300, IPC?; What is the most important ingredient in an offence of conspiracy? State two judgements related to conspiracy.

    Contrary to general perception the atmosphere in the interview room was not intimidating. I was greeted with a smile and the panel even cracked a few jokes in between.

     

    DID YOU TARGET ONLY ONE STATE’S EXAMINATION OR MULTIPLE STATES’? IN CASE OF MULTIPLE STATES, HOW DID YOU CHANGE YOUR STRATEGIES FOR EACH STATE?

    As my primary aim was to be a judge, I did not restrict myself to any particular state. I appeared for Delhi judicial services, 2017 and Madhya Pradesh Judicial Services, 2018. I qualified for mains in both the exam, but did not write for MP as the final result of RJS had already been declared by then.

    The core subjects for all judiciary are pretty much the same, with the difference of local law, general knowledge and a few subjects here and there. Two to three weeks prior to sitting for the examination, I studied subjects peculiar to those judiciaries and revised the core law subjects.

     

    WHAT ROLE DID ILS LAW COLLEGE HAVE IN SHAPING YOUR INTEREST TOWARDS THE JUDICIARY?

    ILS has been pivotal in shaping my views and understanding of life. It helped me understand the legal world by providing a platform to learn from and interact with the best of the professors. The invigorating atmosphere of debate and discussions at ILS opened my mind to different ideas and perspectives. The peer learning kept me on my toes while at the same time prepared me well to fight any competition.

    All this played a great role in shaping my personality and developing the confidence to pursue what I wanted.

     

    DID YOU OPT FOR CAMPUS PLACEMENT?

    No. Towards the end of law school it had become very clear that working in law firms and companies did not appeal to me.

     

    WHERE DO YOU SEE YOURSELF IN THE FUTURE (IN TEN YEARS OR SO)?

    Giving another interview to you guys! 🙂 Jokes apart, I haven’t planned so far in future. I intend to keep learning and giving my best in every opportunity that comes my way.

     

    WOULD YOU LIKE TO GIVE ANY TIPS OR ADVICE TO THE STUDENTS ASPIRING FOR JUDICIAL EXAMINATIONS?

    A popular saying goes, well begun is half done. Start strong from the beginning and don’t slack off till you have achieved your goal. Set plausible time limits for clear targets and challenge yourself to stick to it. With a positive attitude, right strategy and hard work, success will be yours.

     

    ANYTHING ELSE YOU’D LIKE TO TELL OUR READERS?

    NEVER LOSE IT.

    Whatever you want to call it; Maina. Ambition. Hope. Faith. Conviction. There might be times when there is not enough of it. There might be times when you hit the rock bottom.

    Do not hesitate in asking for a helping hand. Whoever lifts you up. Friends. Family. Yourself.

     

  • Rajinder Kaur, Researcher and Professor, University Institute of Legal Studies, on making a successful career as a legal researcher

    Rajinder Kaur, Researcher and Professor, University Institute of Legal Studies, on making a successful career as a legal researcher

    Prof.(Dr.) Rajinder Kaur is a veteran in the field of research and currently a Professor of Law at University Institute of Legal Studies. She has achieved the prestigious prefix of the professor at a very young age, courtesy her extensive success in publishing and researching. She has dedicated her life to unceasing research and development in the law, with three of her case studies listed in the Harvard Business review! She has also collaborated and worked on numerous government projects. Her blend of new-age gallant thinking in law and advantage of teaching the same in classrooms makes her the perfect picture of success every young law enthusiast can aspire to achieve.

    In this interview she talks to us about:

    • How to become a successful researcher
    • How to choose the right journal for publishing work
    • How does the life of a researcher look like and opportunities for young researchers
    • Advise to young academicians on blending research with teaching
    • What can the new generation of students learn from her generation on the art of studying law?

     

     

    PLEASE TELL US SOMETHING ABOUT YOURSELF AND HOW YOU CAME TO BE IN THE LEGAL FIELD?

    I was pursuing pharmacy. I belong to an agricultural family and there were a lot of legal issues in the family which motivated me to pursue law instead. I did my law from Department of Laws, Panjab University.

     

    YOU HAVE DONE YOUR MASTERS IN LAW AS WELL AS THE DOCTORATE IN LAW ON THE ISSUE OF CHILD LABOUR. HOW DID YOU DECIDE TO PURSUE THIS SOCIAL ISSUE THROUGH RESEARCH-BASED STUDIES?

    There were certain articles which I came across during my graduation in an ILI journal. I was a student of constitutional law and studied certain books like ‘Neera Bura’s Born to Work’ which impacted me. So I decided to take up the topic of Child Rights.

    HOW HAS LEGAL EDUCATION SYSTEM CHANGED OVER THE YEARS AND WHAT ARE THE ADVANTAGES AS WELL AS DISADVANTAGES OF THIS CHANGE? WHAT CAN STUDENTS OF TODAY LEARN FROM THE OLD SYSTEM OF LEGAL EDUCATION?

    Practical training and clinical legal education have found a central place in the system of legal education today and it was not that stressed upon during our time. We were not exposed to court working and procedure until the final year itself. We came to know about the concept of mooting very late and nowadays it is part of the curriculum. Secondly, clinical education, developing legal clinics to bring awareness to citizens about their rights is also a welcome change. It simultaneously helps students develop insight into what they are actually supposed to do when they graduate from the college. The new legal education system is working towards incorporating changing trends of society, for instance, corporate and business laws are now taught as a regular subject. Research is also stressed upon more now. We didn’t have that many resources. The quality and quantity of resources have definitely brought about a significant change in the system.

    But one drawback of too many resources and activities is that depth of knowledge has decreased in students. They have a shallow knowledge of their subjects. They don’t even take into consideration the critical analysis of the subjects or topics they are studying. When we were studying, we studied a topic holistically and in entirety. Students don’t look beyond words or at the objective of having certain words and not others in the statute. This makes knowledge only superficial. While students are equipped with good oration skills and research, but in-depth knowledge is missing. For instance, Students don’t turn to constitutional debates anymore to fuel their research.

    YOU HAVE BEEN AN ACADEMICIAN FOR A LONG TIME. WHAT IS YOUR ADVICE TO STUDENTS WHO WISH TO PURSUE A CAREER IN ACADEMICS BUT ARE CONFUSED BETWEEN LITIGATION AND ACADEMICS?

    Be it practise of law or academic, one must do that which gives him/her more happiness and satisfaction. I wanted to go for the judiciary but due to Sidhu scam and various other litigations, I got into teaching instead. But when I did it, I started enjoying it. The moment you deliver a lecture and come out satisfied – that is your cue that you have made the right choice. And if you are in the court and the moment you come out and feel satisfied that you have done justice to your client, it is sufficient to conclude that this is your calling. There is no difference between the two fields and it all depends on the individual’s interest.

     

    YOU HAVE BEEN A RESEARCH SCHOLAR FOR SUCH A LONG TIME AND WRITTEN INNUMERABLE ARTICLES, THAT TOO IN DIVERSE FIELDS. HOW CAN AN ACADEMICIAN FILL THE GAP BETWEEN RESEARCH AND PRACTICAL TRAINING?

    A writer or researcher should avoid becoming self-obsessed after writing a few articles. Research is an on-going learning process. I am a teacher of Constitutional law, but due to several administrative reasons, I ended up teaching Business and Economic Laws. Company law as a subject had no takers. People usually underestimate its importance as a subject of legal education curriculum. But I found it to be very interesting and also found that labour laws, company law and corporate laws are actually interdisciplinary subjects and directly impact management.

    If you look into my research work, writing a case-study was a very challenging task for me. I was told to simply sit and observe, and note down things. There was no place for opinion in this type of researching. I was to narrate the events as it is. These case studies are now listed in the Harvard Review. But they helped me to fill the gap between research and practical training. I learnt structural problem solving and I share my experience and learning with students who gain insights into the practical aspects of working of companies. Research should be a tool to analyse the problem and solve the problem thread by thread, rather than simply looking at it as a cumulative and big problem. Steer clear of opinions and biased approaches, and simply look at the problem, bifurcate it and the gap between pragmatism and research will be filled. Case- studies method is the most sought-after way of teaching nowadays. Research can be more challenging than the practice of law! A good research exercise enhances one’s acumen in critical and analytical ability.

     

    SHOULD A RESEARCHER SPECIALIZE ON A PARTICULAR TOPIC FOR PURPOSE OF GETTING PUBLISHED OR RESEARCH ON DIVERSE TOPICS?

    One must continue in the research that is undertaken and acquire a thorough knowledge of his subject. I have done my research on child rights and then I continued it with topics of company law now have practically covered all topics under both. Now my research has ventured into Trade Conflict. Initially, I also committed some blunders, for instance, I wrote a paper on Bio-Terrorism which was very good and also got published, but I never followed up the issue through continuous research. Now I have to explain this anomaly in every interview I face.

     

    SO WHAT IS YOUR ADVICE FOR YOUNG RESEARCHERS? WHAT SUBJECTS SHOULD THEY FOCUS ON? WHAT ARE THE DO’S AND DON’TS THEY SHOULD BE AWARE OF?

    If you look at the demand in the market, it is for corporate law universities are already providing quite a lot of specialization in Constitutional law already. We need teachers to teach new upcoming subjects of national importance like Corporate Governance, CSR, Commercial Arbitration, International Trade Law, Competition Law, Financial regulatory Market etc. We are still lacking in this regard. Students should take up these subjects. Trends are changing very fast, for instance, the shift from arbitration to mediation and negotiation. So one must focus on the trends and work accordingly.

     

    HOW SHOULD STUDENTS GO ABOUT CHOOSING THE RIGHT JOURNAL FOR PUBLISHING THEIR WORK?

    Choosing the right journal has become a tricky task because there are so many predatory journals these days. A journal might have an impact factor of 3.5 or 4.5 in their local area but it doesn’t mean it is a good journal. For instance, Elsevier has an impact factor of only 1. So, it has become a market. So, one must either go for University Journals. Initially, one can start with student-run journals also. One should aim for good and standard publishers. For example – Elsevier, Springer, Sweet Maxwell, Thompson, INDUS foundation, I J Global, Lexis-Nexis etc. However, be it any journal, one must always aim for doing qualitative work and not sub-standard work. A good journal will teach you about your mistakes and shortcomings in research and that is important for growth in the field.

     

    WHAT IS A GOOD IMPACT FACTOR?

    Even a 0.1 or 0.3 is a good impact factor if it is given by the right agency. Now, the UGC has laid down that the impact factor given by Thompson Reuters will be taken into account. They mark out a journal and then give an impact factor rating. Thompson Reuters is a massive publishing house and also ranks Universities.

     

    WHAT OTHER OPPORTUNITIES EXIST FOR STUDENTS AND ACADEMICIANS LOOKING TO EXPAND THEIR CAREER IN RESEARCH (EXCEPT GETTING PUBLISHED AND TEACHING)?

    There are many opportunities for researchers. Editing is a great opportunity but command over language is very important. One can be a researcher for Government projects also. The Government hires researchers for framing public policies from time to time. One should keep a tab on the websites of various Ministries to avail the opportunity. The teachers who are selected to handle these projects also advertise for research assistants. Fellowship programs can also be availed by students.

     

    WHAT HAS BEEN THE HIGHEST POINT OF YOUR CAREER SO FAR?

    Listing my case-studies with the Harvard Business School! The first case-study took two years to complete. It was first published with Ivy and subsequently got listed with Harvard.

     

    HOW CAN ONE PUBLISH FREQUENTLY? WHAT ARE THE FUNDAMENTAL QUALITIES OF A GOOD RESEARCH SCHOLAR?

    One must give himself or herself a target and work towards achieving that target. Hap-hazard publishing will only add stress to life and lead to the imbalance between work and life. One must read a lot, and that too good books; Patience; Hard-work; Developing a framework of mind to comprehend things correctly; laying out things in the proper manner are the undisputed hallmarks of a good researcher.

     

    WHAT IS YOUR MESSAGE TO STUDENTS OF LAW?

    Students are running towards judiciary a lot and I was also a part of this Bandwagon once. But I would advise them that they should leave it out and things will come to them on their own, whatever the fate has laid out for them. One just has to work hard. The basic aim should be to study hard and be honest with yourself. Be sincere towards your studies and rest will follow.

     

     

     

     

  • Parna Mukherjee, Assistant Professor, GLS Law College, on legal education system, importance of moots and internships

    Parna Mukherjee, Assistant Professor, GLS Law College, on legal education system, importance of moots and internships

    Parna Mukherjee is as an Assistant Professor, having ten years of academic and one year of field experience. She has done Ph.D. in the area of Environmental Impact Assessment. As faculty both in full time and visiting capacity, she has taught in many prestigious institutions of Ahmedabad like Institute of Law at Nirma University, SLS at PDPU, HLIC & BKMIBA in AU, GLS Law College. She has taught several courses like, Environmental Studies & Law and Forest Law (Hons. Course), Legal Research Methodology, Interpretation of Statutes, electives as Business Laws, Tort & Consumer protection, Constitution, etc. She has been actively engaged both in teaching and research at the UG & PG level.  She has also presented papers in various international and national conferences and has few research publications to her credit.

    She has around six publications and has presented over ten conference papers both at national and international level. Her areas of interest include Socio-legal research in the area of Environmental Law and contemporary environmental issues such as EIA, E-waste, CCS, Bio-medical waste, etc. She also was involved in Socio-legal Research and environmental policy review and drafting of Moot Problem, etc. She received “Best Paper Presentation Award” titled  “A Study of the Impact and Efficacy of the EIA Norms in India” presented paper in the 1st Annual National Seminar (NUILANS) on Law Impact Assessment organised by the ILNU, Nirma University, Ahmedabad, on 21st-22nd, January, 2011.

    In 2018 Awarded the “Best Participant” at the One Week Refresher Course for Law Teachers “March of Law: Critical Reflections in Law Teaching and Research Methodology”, organised by the National Law School India University, Bangalore in association with Bar Council of Kerala  M K Nambyar Academy of Continuing Legal Education, Kochi, held at National Law School, Bangalore and  was  awarded the “Best Participant” in June, 2018 held at National Law School, Bangalore.

    In this interview we speak to her about:

    • Her interest in academia
    • Importance of mooting, publications and internships
    • Changes essential in the current legal education system

     

     

    BEING A LAW TEACHER, HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    Being a student of law myself, I am also engaged in teaching the law almost for a decade now and absorbing and learning the law every day.

     

    WHAT INSPIRED YOU TO PURSUE LAW?

    Choosing law was by accident in my case. I had my bachelor’s degree in (Hons.) Geography, from St. Xavier’s College, Ranchi. Then due to lack of opportunity to pursue Masters in the same field over there, my curiosity drifted towards law. Once I started with law, there was no looking back and no regrets. Rather, I can say that understanding of geography came as handy, it helped to cultivate my further interest in the area of Environmental law.

     

    YOU HAD AN EXCELLENT ACADEMIC RECORD IN LAW COLLEGE. PLEASE TELL US ABOUT THE MANNER IN WHICH YOU APPROACHED ACADEMICS WHILE IN COLLEGE.

    To be honest, my journey of L.L.B at Bangalore University was not that exciting. As doing law along with part time job turned out to be a disastrous idea and I ended up scoring a second class, which has been my worst academic performance in my entire life till now. However, this turned out to be a new valuable lesson and thus when I opted for LL.M. in Gujarat University in Environment Law; I decided to give up my job. Gave my full concentration towards this academic assignment, which helped me to achieve a 1st class with two gold medals and excel satisfactorily. Thus, the lesson was very simple, straight forward and a memorable one.

     

    WHAT’S THE BEST THING ABOUT YOUR JOB?

    To able to connect with young minds constantly, it tremendously rejuvenates my own thinking and learning process. As I believe, that teaching is a continuous learning and evolving process. With every lecture, every class, every year, I evolve with new ideas and dimensions of learning law. I love the goal of teaching i.e, inculcating the right perception of law and understanding among young minds.

     

    ACCORDING TO YOU WHAT IS THE THING THAT A LAW STUDENT SHOULD NOT MISS DURING LAW COLLEGE LIFE?

    First, when law student opts for law programme for his/her future profession whether by choice or accident, they need to devote for five continuous years minimum to learn the basics of law. Then along with academic performance they must start building up other skills like participating in moot competitions, paralegal activities, clinical exercises, internships etc., so that they can be professionally ready after five years of academic journey in law. They must also be updated with recent happenings whether it is at national or international level, as it is essential to understand ‘law in action’ rather than law in texts and statute books.

    WHAT IS THE IMPORTANCE OF MOOTING, PUBLICATION AND INTERNSHIPS IN A LAW STUDENT LIFE?

    Mooting is basically nothing but a mock clinical exercise for stimulation, in which a student is groomed for future legal practices whether for law firms or in litigation or in judiciary. However lately, personally I observed that mooting has become most dominating thing in legal education. Even, at time it takes serious toll on regularity of students and consequentially on their academic activity. Also at times the core academics get undermined due to dominance of extensive and aggressive mooting by institutions and students. Personally, I believe mooting should be considered as a part, not as the core element of legal education. And thus, balancing is important; focusing only on one component won’t help to achieve the purpose of legal education in true sense.

    Whereas publication is also an important skill for law students which helps to inculcate research and comprehension skills, analytical as well as literary skills, etc. It helps to pursue any given topic from different perspectives and angles. A student can always get credits for good publication. However, as teachers, we need to utmost careful to orient the students towards the issue of copyright as it persistent as a big challenge in academic domain presently.

    Internship, it is also another important aspect of modern legal education which tries to impart professional skills. It also exposes the students with the various realities and challenges of legal profession whether internship is done in a law firm, litigation or corporate sector. A student must select internship in order to grow and evolve in the area of their choice and interest in legal field.

    I also feel that the whole area of legal internship needs to be regulated towards protecting the student’s interest, who are at times feels a bit vulnerable as they often do not get positive responses from the professional bodies and many times do not receive any financial incentives, etc. There are also issues of maltreatment and harassment towards the student interns and hence we need some regulations in these areas of legal internship.

     

    WHAT IS YOUR SUCCESS HABIT THAT YOU WOULD LIKE TO SHARE WITH YOUR LAW STUDENTS?

    To be very practical, being a student of law, you may have likings and disliking’s towards certain subjects. Everyone have their own weakness and strengths, so there is a need to analyse both the aspects rationally to draw a strategy, so that they can complete the academics journey successfully in law. Regularity in attending classes, reading and analysis of law and legal issues, combining with the skills of writing and expressing will help the student to achieve a more realistic and career-oriented goals in legal field.

     

    WHAT IS THE GOLDEN RULE THAT YOU FOLLOW IN YOUR LIFE?

    To be clean and honest in our actions, as far as possible. ‘Success or failure’ both are facets of human life. So, we should be open to brighter days and glooming days both and continue our journey with bit of passion and dedication. Good things will eventually come to us.

     

    WHAT WERE YOUR AREAS OF INTEREST DURING YOUR GRADUATION AND HOW DID YOU GO ABOUT DEVELOPING EXPERTISE IN THEM?

    I had a natural inclination towards environment law and that area of interest of mine became stronger, when I pursued my PGDEL from NLSIU Bengaluru. Thereafter, I decided to do LL.M. followed by doctoral studies in the same area. For me reading, discussing and teaching environmental law is a very passionate and exciting journey.

     

    WHAT ADVICE WOULD YOU LIKE TO GIVE TO YOUNG LAWYERS LOOKING TO MAKE A CAREER IN FIELD OF TEACHING?

    I personally believe that legal institutions, law teachers and especially law students are major stakeholders of entire legal system. Hence, teaching law to law students and grooming them for legal profession is of paramount importance. So young lawyers, who want to dedicate themselves into teaching of law, it is like a silver lining. This will help our judicial and legal system to be better. I always advice brighter students whether they are into corporate or litigation filed, to devote few hours of their week in either para legal or for teaching activities. This will also create a relation between the academia and judiciary and legal profession as well as legal institutions. It will bind all the stakeholders into common thread and will also strengthen the legal education from professional and qualitative angles.

     

    WHAT CHANGES DO YOU THINK ARE THE ESSENTIAL IN CURRENT THE LEGAL EDUCATION SYSTEM OF INDIA?

    The curriculum of law and existing syllabus must be periodically revised and need to be designed in a way to make it more professionally and socially relevant. Along with this, teachers need to be trained and groomed with the various facets of effective teaching. The law teachers need to be trained in various teaching methodologies, assessment techniques and designing of various clinical legal courses, etc. Teaching and learning should be a process of continuous dialogue between various stakeholders like institution, teachers and students at the receiving end. Even the professional experts can be consulted to review the course from the practical professional parameters and requirements.

     

    WHAT DO YOU KNOW NOW THAT YOU WISHED YOU KNEW WHEN YOU WERE MY AGE?

    My legal education was of three years LL.B. programme. I wish, I could reverse the time so that I can join in five years integrated course of law again. Because, I feel this course is very well designed with good combination of theoretical, clinical aspects and combining mooting exercises etc., so this is what we missed during our time.

     

    AS A CONCLUDING MESSAGE WHAT WOULD BE YOUR ADVICE TO THE CURRENT LAW STUDENTS?

    We must be willing to learn every day. Also must keep your mind open in every field of human life and observe the impact and functioning of law. Thus, we can even learn from implementation impacts or failures of law. We need to try to understand very closely how the law virtually affects every facets of human life and learn more from ‘law in action’ rather law as it exists in letters in statutes.

     

     

  • Raghav Pandey, Assistant Professor, Maharashtra National Law University, on experience in academia and legal education system of India

    Raghav Pandey, Assistant Professor, Maharashtra National Law University, on experience in academia and legal education system of India

    Raghav Pandey is currently an assistant professor of Law at Maharastra National Law University, Mumbai. He graduated from Dr. RML National Law University, Lucknow in the year 2012 and then went to pursue a Masters in Arts from Tata Institute of Social Sciences, Mumbai. Later on, he pursued his Masters in Law from Indian Law Institute, New Delhi and presently pursuing his Ph.D. from Indian Institute of Technology, Mumbai.

    In this interview we speak to him about:

    • His law school days at Dr. RML National Law University, Lucknow;
    • Being a prolific writer and authoring several papers in reputed journals;
    • His interest in academia and his teaching methods;
    • His interest for pursuing his higher studies;
    • His opinion on the Indian legal education system; and
    • His experience as Assistant Professor at Maharastra National Law University, Mumbai.

     

    TELL US A BIT ABOUT YOUR WORK LIFE, YOUR DREAMS AND ASPIRATIONS.

    Well, currently I am an Assistant Professor of Law at Maharashtra National Law University, Mumbai and a Senior Research Fellow at the Department of Humanities and Social Sciences, IIT Bombay.

    Coming from a family of academicians, I have always been environmentally inspired to be a teacher. This has recently been formalised, after I have entered an institution to streamline myself into an academic life and career. I had always wanted a proper work life balance in life, which the academic ecosystem certainly promises to give. It was precisely because of this reason I never wanted to enter the corporate world or even litigation.

     

    DO YOU RECKON ANY INCIDENT THAT MOTIVATED YOU TO CHOOSE LAW AS A CAREER?

    There is no particular incident as such, however my father played a very important role in making this choice. As opposed to the contemporary wisdom of choosing a career option whatever you want yourself, I think that at the age of 17, one is always not in the best position to decide for themselves. In class 12th I was very interested to pursue sciences and scored really well in the board examinations in both Mathematics and Sciences. However, Law also appealed to me as a very lucrative career option. Being born and brought up in Allahabad, where every second person is a lawyer (quite literally), motivation to take up law as a career, was everywhere around town. I would say thankfully my father intervened, and we jointly decided that I should go to a law school. I say ‘thankfully’ because I really enjoy reading law more than anything else now.

     

    TELL US ABOUT YOUR TIME AT DR. RML NATIONAL LAW UNIVERSITY, LUCKNOW.

    Life at Dr. RML National Law University, Lucknow was very simple. I studied there at the time when attendance was not taken very seriously, I hear that has changed now. Hence, we had a lot of time to do whatever we choose to. The campus was fantastic, with all the modern amenities (except for seamless internet connectivity in the hostels!) and I was in the second graduating batch of the University. Hence, it also involved a fair bit of compromise from our end. For instance, there was no alumni to support the University. It was at RML though, that I started reading books at a serious level, precisely because of ample availability of time. It was because of this routine that I also read a lot of non-law books like books on history, politics and religion. These would shape my career choices in future.

     

    TELL US HOW HAS BEING ASSOCIATED WITH COMMITTEES WHILE YOU WERE AT DR. RML NATIONAL LAW UNIVERSITY, LUCKNOW HELPED IN BUILDING YOUR PERSONALITY AND SHAPING YOUR CAREER?

    I was the student in-charge of the Organising Committee of the University fest, twice. I was also part of the Vice-Chancellor’s committee for a fair period of time. All of this contributed to the development of my personality and interpersonal skills. I was not very good at public speaking and now I am a teacher, this has to do a lot with me being part of these committees at law school.

     

    WHAT WERE YOUR AREAS OF INTEREST IN LAW SCHOOL?

    My favourite area of law has always been Constitutional Law, followed by Public International Law, Jurisprudence and Criminal Law. I was very fortunate to be taught by Prof Jariwala. His lectures on Constitutional Law are still afresh in my memory and perhaps remains as the best part of the classroom life at law school.

     

    WHAT PROMPTED YOU TO PURSUE A MASTERS IN ARTS FROM TATA INSTITUTE OF SOCIAL SCIENCES, MUMBAI?

    I had interned at TISS in the second year of my law school at the Centre for Criminology. This internship along with a lot of reading on social sciences, had convinced me that a systematised study of social sciences is something which I must do. I was fortunate enough to secure an admission to the course which I wanted to pursue.

    PLEASE TELL US ABOUT YOUR EXPERIENCE WITH INDIAN LAW INSTITUTE, DELHI. HOW WAS IT DIFFERENT ON COMPARING WITH THE NATIONAL LAW SCHOOLS ACROSS THE COUNTRY?

    I.L.I as opposed to National Law School is an exclusively research institute, which makes it more relevant for academicians than practitioners. I.L.I offers no bachelor’s course like an LL.B. For the longest period of time it offered no curriculum-based courses but only worked as the research institute to aid the Supreme Court of India. ILI is possibly the best institute in India, if one plans to enter legal academia. It’s LL.M. course forms a benchmark of sorts, unlike the National Law Schools where usually the LL.M. and Ph.D. courses are not given their due importance and the focus is mostly on the undergraduate course.

     

    WHEN DID YOU DEVELOP YOUR INTEREST TOWARDS LAW AND SOCIETY?

    This happened in the concluding years of the law school itself, however after joining TISS it formalised more clearly. I began to be enamoured by the idea that what is the meaning of all the legal edifice of constitutional rights and liberties, if they are not translated into something tangibly visible in the society. Naturally law has no meaning if it does not positively impact a person’s life who is standing last in the que of development.

     

    AT PRESENT, YOU ARE A DOCTORAL CANDIDATE AT IIT, BOMBAY. WHAT MOTIVATED YOU TO PURSUE A PH.D., IN HUMANITIES AND SOCIAL SCIENCE?

    During my time at TISS as well as ILI, I secured an award of Fellowship from the UGC to do a PhD. Since then, I researched on the best institutes to do a PhD in India. I was thoroughly convinced after my time at TISS that a purely legal and a doctrinal research is something which I would not want to pursue, simply because the lack of tangible benefits it would accrue to the society. I had also developed a very deep fondness for the city of Mumbai and somehow wanted to stay here, if staying at my hometown was not an option. IIT Bombay fitted into all my filters. In addition to it being in Mumbai, it is also one of the finest or perhaps, the finest research institute in the country. In sciences, IIT-B produces the greatest number of published research papers, annually. The Humanities and Social Sciences Department is no different, when it comes to inculcating and practicing the best research practices. I had been aware of the research culture of the institute, which is primarily based upon the model adopted in the American Universities. As soon as I secured the admission in the Ph.D. program directly, usually they admit after completing an M. Phil., there was hardly an option to not take admission.

     

    WHAT PROMPTED YOU TO CHOOSE TEACHING AS A CAREER?

    As I said this was primarily due to the influence of my family. My grandfather, who has a profound impact on the early years of my life, was a Physics teacher. His father was also a teacher. My father, paternal aunt and uncle, are all teachers. Even while studying, especially at TISS, I was teaching my classmates a day before exams. This is something which I enjoy more than anything else and this I realised even more, when I started teaching professionally. Hence, the decision to select a teaching career was after all, not so difficult.

     

    TELL US ABOUT YOUR TEACHING METHODOLOGY.

    I principally use discussion and Socratic Method of teaching, especially for undergraduate classes. At the undergraduate level, the development of legal concepts is critical, which is best achieved through these two methods. They are also relatively less boring for the students. These can be combined with case method, in a law class room. In my experience till now, if the teacher gives out the facts of a case and the relevant law and subsequently initiates a discussion on the question of law, it is most widely received by the students, instead of the regular lecture method of teaching. I think the widespread use of lecture method in legal curriculum, should be discouraged, even though it has its own set of advantages, but it certainly proves to be detrimental in the longer run because lawyers require advocacy and argumentative skills to excel in the profession and not volumes of memorised information.

     

    COULD YOU GIVE OUR YOUNG READERS CERTAIN TIPS ON EXCELLING IN ACADEMICS AND RESEARCH WRITING?

    The first tip, which anyone who wishes to indulge in academic writing, should take is to not plagiarise. Academic writing, especially in India, is plagued with plagiarism. Forget research papers, there are very popular books in law school curriculum, which are entirely plagiarised. In fact, the curriculum at law schools in India, inbreeds plagiarism. A student at any National Law School is often required to submit five to six projects in a semester. These projects are supposed to be drafted like research papers. No legal academic on this planet can do this successfully, without plagiarising i.e. coming out with six research papers in a semester, which is mostly less than six full months. This becomes even more problematic when teachers start prescribing insane word limits of say 8000 words. In such a situation, the student will only plagiarise and will then find ways to conceal such plagiarism. Secondly, to draft a decent research paper, it is necessary that a proper referencing method, as required, is followed. I have been telling this to my students, that this is more than half the job done for them. Of course, the substantial part of any research paper, revolves around finding a good legally researchable problem area and a theorised or philosophised solution (hypothesis), to that problem. This should be followed by a fair bit of analysis of the problem through case laws or empirical data and one will have a result.

     

    YOU HAVE PUBLICATIONS IN VARIOUS RENOWNED JOURNALS. HOW SHOULD ONE GO ABOUT WRITING PAPERS AND GETTING THE SAME PUBLISHED? PLEASE SHARE SOME HIGHLIGHTS OF YOUR BEST WORK

    As I said above, if a research paper does not suffer from plagiarism, has followed the proper referencing, has a good researchable problem, hypothesis and analysis, it is unlikely that it will not be published. My publications have been in varied areas, in addition to my doctoral research area, which is Insolvency Law, I have published on current affairs, commenting upon politics, history, legal developments primarily emanating from contemporary judicial pronouncements and religion. As far as academic writing is concerned, I have published on Constitutional Law and Jurisprudence and Criminal Law. In my experience, trying to research and publish in different areas, actually improves one’s analytical and research abilities. This contributes in the positive development of the research aptitude in all areas which one seeks to research on. One of my favourite papers is on Public Interest Litigation and Child Labour, which has been published by the ILI Law review. It focusses on the 2016 amendment and the MC Mehta case. A research problem can be easily found out by critically examining a judicial pronouncement or a legislation. This can serve as a starting point for anyone who is looking to get themselves published.

     

    WHAT IS YOUR OPINION ON THE INDIAN LEGAL EDUCATION SYSTEM?

    Indian Legal Education system, especially in National Law Schools, in my opinion, suffers from the vice of overregulation. The IITs and IIMs rose to excellence, precisely because they were spared of the regulation, even from the UGC. IITs and IIMs directly report to the Ministry of Human Resource Development (MHRD). In contrast, the National Law Schools, in addition to being regulated by the UGC, are also subjected to strict regulatory norms of the Bar Council of India. Despite being Universities in their own right, there is very little any NLU can do in its discretion to be innovative and creative. The system of assignments, reading material (in some NLUs) is largely futile in its current format and needs massive improvements. Moreover, the most critical area in which the Indian Legal System suffers, is the shortage of faculties. In any NLU, hardly any student graduating from the undergraduate course decides to take up teaching as a full-time career option. If one contrasts this situation with the IITs, most of the Professors at IITs are products of IITs themselves. Of course, this has also to do with limited incentives which an academic receives while being at an NLU, as compared to a corporate job or even litigation.

     

    WHAT WOULD BE YOUR MESSAGE TO OUR READERS?

    I would just like to encourage the students at law schools to consider teaching as a viable career option. Even if it is not financially competitive with a job at a Tier I law firm, it still is increasingly much more so with most other career options. Moreover, there is a very good work life balance and above everything else there is hardly anything in this world which offers as much contentment as receiving complements for being a good teacher and seeing your student’s excel.

     

     

  • Shriya Maini, Advocate, Supreme Court of India, on Independent practice in law, studying an International LLM from the University of Oxford, and writing research papers

    Shriya Maini, Advocate, Supreme Court of India, on Independent practice in law, studying an International LLM from the University of Oxford, and writing research papers

    Advocate Shriya Maini practices at the Supreme Court of India, the Delhi High Court and District Courts at New Delhi. She specialises in Dispute Resolution and as an unabashed feminist particularly enjoys criminal litigation.

    Ms. Maini is a graduate of Gujarat National Law University, Gandhinagar. She joined the Dispute Resolution team of erstwhile Shardul Amarchand Mangaldas and Suresh A. Shroff, as an Associate in their law firm. Subsequently, she went ahead to pursue her Bachelors in Civil Law (LLM) on a full scholarship namely Dr. Ms. Ambuti Salve Scholarship 2014-2015 at the University of Oxford, United Kingdom. Ms. Maini is also a recipient of the Oxford Global Justice Award for Public International Law, 2015 – 16 which gave her the opportunity to assist the President of International Residual Mechanism for the Criminal Tribunals (“MICT”) at The Hague, Netherlands. Currently, she serves as Visiting Faculty at National Law University, Delhi and Lloyd Law College, Noida. Ms. Maini is an independent consultant for International Law and Legal advisor at the LexQuest Foundation.

    Oxford is a dream college for any law graduate. However, what is life at Oxford like? What happens once you have earned your Oxford degree? Is Independent Practice an option? Being an independent litigator or founder of a firm, in the bubble of the bar, is a pretty big deal. Most who step foot in litigation, often only on nominal remuneration (if any) doled out by well-paid senior lawyers, the dream of the day they can finally set up their own shop. While it might seem to outsiders like all it may take to become a successful advocate is talent and passion, the skills required lie in the business realm more often than in legal.

    In this interview we speak to Ms. Maini about:

    • Tips on writing SOPs and Recommendations required to bag scholarships for foreign LLMs;
    • Masters in Law from the University of Oxford focussing on full scholarship;
    • Transition from a law firm job to Independent Practice;
    • Importance of writing research papers.

    HOW WAS YOUR EXPERIENCE AT GUJARAT NATIONAL LAW UNIVERSITY (“GNLU”) AND WHAT WOULD YOU SAY THAT YOU DID DIFFERENTLY FROM THE REST OF THE STUDENTS TO GRAB FOUR GOLD MEDALS AND EVENTUALLY ADMISSIONS IN BOTH OXFORD AND CAMBRIDGE?

    GNLU was a lovely experience, not only in terms of my professional and academic learning but also personal growth. In college, one is straight out of school and is looking for an avenue where he/she wants to achieve the skies, learn something new, besides of course, making new friends. Hostel life and classroom studies can be real tough taskmasters especially in a place which is far away from what we all call our comfort zone – home. What GNLU taught me was how to adjust well in hostile situations and share my knowledge with possibly everyone around. I also think the quality of the law school really matters, be it their faculty, teaching style or available course options. A great idea would be to speak to as many seniors and alumni and gather information online as to what each law school distinctly offers. When you are picking your college even while filling in your CLAT preferences, be very sure of what you want and where do you want to go. Don’t just follow the names, see for yourself what you want to do, be it social work or firm job or Court practice. For instance, I was very sure that I wanted to litigate and hence, I chose a college closer to my hometown and made a conscious choice that Courts in Gujarat and Delhi could perhaps, help me find plausible internships.

    As for your second question, I didn’t do anything different particularly but I think the one thing that I plausibly did differently was that I paid attention in class. There is a current trend of sleeping through law school classes or being very casual about attending classes thinking that during exams, one can read right at the end and score well. However, I believe it is a great exercise to listen in class and make your own notes, supplementing them with a book perhaps for each subject – for instance say Kelkar for Criminal Law or C.K. Takwani for CPC. These individual notes for me turned out to be best possible sources to study for end-term exams which were subjective in nature. This is in my opinion is one of the easiest ways to score very well in almost every subject in law school (be it civil, criminal or corporate law) and achieve a very high CGPA!

    Another thing that I incessantly followed was writing well researched papers when I was doing assignments or projects at law school. I have converted a lot of them today into top quality publications which have been read world – wide and have helped me garner some great work as an Independent Practitioner and Consultant in Public International Law. So I would say take your projects very seriously and critique the law that’s currently in place. Pick a topic which is perhaps a grey area of law or a burning topic for that matter. These could also help you create some cutting edge research ideas which could set you apart from the rest in class.

    HOW DID YOU GET INTO OXFORD, WHAT ALL DID YOU DO?

    I think for admissions to Oxford and for that matter Cambridge as well, it’s very important that you plan well in advance. Should you want to start your studies the next year, I think it’s important that you start gearing up from August-September this year itself. Start collecting your recommendations, prepare a well-researched Statement of Purpose and apply before the scholarship deadline. To sum up, time management is one thing that you must keep in mind while making Applications to foreign Universities for the LLM course. I suggest it’s a great idea to make a chart or table of all the deadlines of various Universities (with and without scholarship) so that the application process becomes far more coherent and crisp. This is what I personally followed, besides carefully monitoring my Statement of Purpose and Recommendations.

    Another aspect to keep in mind is that when you are applying to a stalwart University like Oxford, it is always advisable to research well about the University and its courses offered. Another suggestion would be to speak to a lot of seniors and alumni who have been to Oxford because these are the only few who seem to know the things at the grass-root level. A quick Google search say of the University, any of the past Statement of Purposes uploaded therein could benefit you manifolds. This would give you a wide array of options to pick from and you could then craft an SOP or Recommendation Letter, suited to your own specific needs, depending upon the college. For instance, Oxford Recommendations and SOPs are very academic unlike a London School of Economics, which focuses more on the practical side of law. I had made up my mind for an Ox-Cam degree and hence, I prepared all my documents accordingly. My SOPs and Recommendations were very specific, academic and crisp alongside, distinctly explaining why I wanted to read which course at a foreign University only.

     

    WHAT WERE THE OTHER ACTIVITIES THAT YOU UNDERTOOK OTHER THAN WRITING AND PUBLISHING RESEARCH PAPERS?

    That’s a great question! I think these activities which you are referring to – that we undertake at law school form the very basis of the contents of any LLM application. Foreign Universities do not decide Applications solely on the basis of academic scores (which are fairly important) but they look for something extra, what I like to call the “X” Factor. These could be moot court competition, research publications, book or commentary writings etc. I was primarily focussed on mooting for public speaking came rather very easy to me. I participated in two moot Court Competition, the Manfred Lachs and Nani Palkhivala – both which dealt with my interest area – Public International Law. So, mooting for me was like learning the law and enjoying myself while doing just that. Infact, Public International Law is a field that I now constructively engage with on a daily basis. So, I would say, keep your focus intact and start preparing step by step, right from the first year depending upon where you see yourself in the next five years. Focus on your interest areas, be it civil, criminal, corporate or tax. This is how I used the mooting process to my advantage – I researched and learnt the law, developed court mannerisms and soft skills besides inculcating team spirit. Additionally, it is also advisable to engage in atleast one extra circular activity, be it painting, dance or music.

    Another activity that I undertook was attending conferences and research based events. This extensively helped me network and realise how communication is the key to success in this profession. I applied for internships and sought answers to my queries by sending e-mails to my seniors. Today, I receive requests on Social Media on a daily basis requesting information on a plethora of topics, be it my work at the United Nations or Oxford or the LLM Application process in general. I make it a point to take out some time and try and respond to as many students as possible.

     

    WHAT WERE YOUR CONSIDERATIONS WHILE APPLYING AT THE FOREIGN UNIVERSITIES AND WHAT MADE YOU CHOOSE BCL FROM OXFORD OVER AN LL.M. FROM CAMBRIDGE AND HOW ARE THE TWO ANY DIFFERENT?

    One of the most important considerations apart from academic scores is finding scholarship options while making LLM Applications to foreign Universities. Another consideration for me was place of convenience (England being closer to India than America), a specific law you want to study (International Law for me) or place where you want to practice eventually. Let’s go step by step: While applying for both Oxford and Cambridge, I was categorically focussed on applying for a common law university. It’s a good idea to keep your options open if you are not sure what you really want to major in. Apply for a general LL.M unless you are very keen to practice in a niche area of law, such as International Tax or Intellectual Property Law. I too opted for a general LL.M. with 50 subjects on the table so that I could pick my four most preferred subjects.

    As for differences between Oxford and Cambridge – the BCL course at Oxford looks at the law from a very academic point of view unlike Cambridge, which is more practice oriented. Oxford in general has a very theoretical approach to the law because you have a lot of Queen’s Counsels and Professors teaching on campus who have literally helped lawmakers create the law. So, Oxford in effect teaches you why the law i.e. the reasoning behind the formulation of a law. This is a very interesting approach because the same inculcates critiquing abilities in a student and help form arguments and questions of law subsequently in filing Special Leave Petitions for instance. Again said, the Tutorial system in both these Universities is a fantastic model from which our Indian Universities could benefit manifolds. During the tutorials, one writes a research paper critiquing the law, and the tutor gives him/her individual feedback in person. This teaches the students the art of formulating legal arguments, besides describing how the papers must be structured.

     

    YOU PUT A LOT OF STRESS ON RESEARCH PAPERS AND PUBLICATIONS. HOW MUCH IMPORTANCE DOES PUBLISHING OF A BLOG OR AN ARTICLE ON INDEPENDENT BLOG WEBSITES HOLD?

    Today, blogging has given the power and leverage to almost everyone to put their thoughts onto paper. When used effectively, this could be an easy and inexpensive gain for any Independent practitioner’s work. Like persuasive and binding value of judgements, if you publish an article in a legal journal, it carries more weightage than an independent publication on a blog-site. Hence, I would suggest either you write something so strikingly different on your own blog or write for a blog – site which has a good readership and is well known in the market. For Example – there is a very famous peer-review blog called EJIL which was started by the University of Oxford students. Today, the blog is very highly regarded and every two months, stalwarts share their views on International Humanitarian Law and International Criminal Law. If you have a publication on EJIL, that’s more prestigious than some of the journals as well. I believe, blogs – sites are the way forward – they are the best spaces for Advocates to work on, to enhance their knowledge and clientele.

     

    COULD YOU PLEASE TALK ABOUT YOUR APPLICATION FOR THE PRESENT STUDENTS?

    Out of the many who apply to Oxford, only a handful are selected, not because the others don’t have the marks or academic prowess but because their applications starkly lack content and structure. It is essential to be aware of the International standards and approaches when one is making such applications. The most important feature of your Application for an International course is an SOP – “Statement of Purpose”. When you draft an SOP you must state clearly why you want to join a particular University, the subjects you want to study or why do you want to study those subjects in that particular University only, perhaps, because the same are not available in an Indian University. Before making my Application, I thoroughly researched about the Universities that I was keen to apply to, their course modules and current as well as adjunct faculty. I request all of you to decide well in advance which are the subjects you wish to pick for your LLM – so you must know before making your Application which course modules you intend to read in which College. This process immensely helped me craft tailor-made Applications for different Universities and their courses. Additionally, I read my Application twice over prior to submission and applied well in advance, within the Scholarship deadline.

     

    WHAT IF A PERSON WANTS TO PURSUE THE SAME COURSE WHICH IS AVAILABLE IN A GOOD UNIVERSITY IN INDIA? WHAT SHOULD A STUDENT DO IN THAT CASE?

    I think it is important to realise and fathom the fact that we are still miles away to go when it comes to legal education. There’s a reason why people go out and study. I won’t say that there’s no good faculty in India but what they are doing out there is very different and there is no harm in learning from the foreign Universities how and what they teach. Today, many Indian Universities are collaborating with foreign ones for exchange programmes for their undergraduate students. There must be cogent reasons for the same. Should you compare the course modules that an Indian University offers vis-à-vis a foreign University, you will realize how far ahead they are in terms of teaching innovative subjects, hiring excellent practitioners to teach academic subjects and characteristically bright methods of teaching, such as the tutorial system.

     

    IS AN LL.M. FROM THE UNITED STATES OF AMERICA BETTER OR FROM THE UK? WHAT ARE THE MAIN DIFFERENCES BETWEEN THE TWO?

    The two are essentially very different in their approaches. The UK LL.M. is based totally on Common Law perspectives, though we study a fair bit of Civil Law. On the contrary, the US LL.M. is totally based on Civil Law teachings. This limits the scope of those who want to come back to India at some point in time and practice. So if you want to come back to the Indian Courts, I’d suggest it is always better to go for the United Kingdom. However, many believe that the American market is currently way more welcoming when it comes to hiring Indian students who write the American Bar exam post their LLM. Again said, they both have their own pros and cons.

     

    HOW IS THE PEDAGOGY AT OXFORD DIFFERENT FROM THE TOP UNIVERSITIES IN INDIA?

    My most favourite memory of the last few years is my time spent at the University of Oxford. This because studying at Oxford is a once in a lifetime opportunity. The environment is intellectually stimulating to the extent that it pushes you to excel, should you take it in the right spirit. It is a student’s city, full of the best minds from all across the globe, bubbling and bursting with knowledge. Even the Pubs and Bars have students lounging and discussing the law. My experience at Oxford taught me how to question and critique the law, without simply accepting and applying it. The teaching methodology at Oxford comprised of lectures and seminars (classroom discussions wherein questions were released a week in advance). We had a system of tutorials wherein we were supposed to write papers every month on topics for subject, only to be assessed and given feedback on in person by our teachers. This personalized attention in a Masters course is what makes Oxford the best of the best. It was inspirational for me to witness how the best University in the world functions, alongside keeping its humanitarian approach intact.

     

    HOW DID THE 100% SCHOLARSHIP AT OXFORD HAPPEN? COULD YOU TALK ABOUT WHAT HELPED YOU GAIN THAT SCHOLARSHIP?

    I think this is one question I can answer out of sheer experience and nothing else. I never had a Plan A or a Plan B when it came to doing the LLM. I had always decided that I was going to go out and study, and as far as the money was concerned, I knew it was a big amount but I really did not think too much about it while I was making the Application. The best advice that I can pass on is – Do not fret about the funding before applying for a Master’s course. Make your Applications first and alongside or subsequently figure out the funding options available. And the best way to do that is – APPLY EVERYWHERE POSSIBLE FOR SCHOLARSHIPS! This is what I tell all the students who come and ask me about any kind of scholarship questions. The best way to get a scholarship is to apply everywhere because what matters is that one YES, not those numerous NOs. A cent per cent scholarship (including tuition fees and living expenses) may not be easy, but it’s not impossible if you try hard. Almost every University application has a separate scholarship section. So, keep an eye out for these alongside the bursaries and grants that are doled out towards the end of the Application process. There are also numerous Indian donors who can help you out – be it Inlaks or Aga Khan. Please remember all the University linked scholarships have early bird application deadlines with an automatically linked funding application. Also, Universities like Oxford have multiple colleges, be it Exeter or Sommer ville. So, check if any Scholarships are specifically linked to your College. For instance, the Dr Mrs Ambruti Salve Scholarship was linked to Exeter College at the University of Oxford. I was indeed blessed to have received a full grant which included my tuition fees, travel and living expenses.

    Another tip that I give students is that your SOP must in a line or two stress on the need for funds factor. Make it clear and evident even when you are applying to the University that you are looking for funding. Do not feel shy or embarrassed about the fact that you are coming from a third world country, and probably you could do with some monetary help.

     

    HOW CAN ONE MAKE THE MOST OF A SHORT SUMMER SCHOOL COURSE AT OXFORD UNIVERSITY, MAY BE A MONTH’S COURSE? ARE THEY BENEFICIAL THESE KINDS OF SCHOOLS, OR IS IT BETTER TO GO ON A SCHOLARSHIP?

    I realize that I am on a public platform and I may be quoted if I say this, but I am going to be very brutally honest about it. From a very personal experience, I believe spending money on a month long summer school at a University in England or America is definitely not worth it, unless you have the funding available. I think one can easily enrol for diploma courses online or offline that are available at much cheaper costs in India, instead of these expensive foreign location based summer schools. Please do not spend your parents’ hard earned money, or even your own accumulated money on a summer school option which is only a month long. So, hold on to those green notes for a wiser option, maybe an LL.M.

     

    WE KNOW FOR A FACT THAT YOU HAVE WORKED AT AMSS BEFORE GOING FOR YOUR BCL. HOW DID YOU UTILISE YOUR TIME AT AMSS TO STEP INTO PRACTICE ?

    The workings of a law firm are very different from how independent practice works. The law firm culture teaches you qualities that practice wouldn’t and vice versa. The most important skill that I acquired from the law firm environment was communication. I learnt how to send out and receive formal e-mails to clients and arbitrators, how to make contacts, how to interact with people, especially client interviews. This is one skill I now utilise in my practice, a lot.

    The second skill which is law firm specific is meeting deadlines. In an independent practice set up, one can get pretty lazy and relaxed, seeking multiple dates for submissions. But the law firm environment teaches you to stick to deadlines because you have a senior to report to. The inherent structural hierarchy teaches you effective time management and smart client billing. These acquired skills are a boon for a practitioner who finds it hard to not only procure work but also bill decently well. I have purely used these skills to grow from one client into fifty more in an ongoing builder-investor dispute. Lastly, the law firm as a junior teaches you how to be resilient and churn out the first draft so that the same can be edited over a series of corrections. Now being in independent practice, I ensure that my drafts are read over and copyedited atleast thrice in the office/chambers before their submission in Court.

     

    IS THERE ANY POINT IN DOING AN LLM, IF YOU ACTUALLY WANT TO LITIGATE IN INDIA?

    I’m always asked this question because almost all those who cannot make it to an Oxford or Cambridge at the Masters level criticise it thoroughly, saying there is no use wasting a year, better practice in the Indian Courts. However, I do not at all agree with their views. This because the education standards, legal knowledge, command over language and critical thinking are approaches that are best developed at the Masters Level, for the focus becomes very specific on a single subject or topic. This tremendously enhances the aura of a lawyer for he learns how to question why the law. This is why most of the better Supreme Court lawyers in India have a foreign LLM degree. I can proudly say that I draft all my petitions from scratch, analysing precedents and even critiquing them at times, without cut copy pasting judgements. Small skills can go a long way in making a great lawyer. Foreign LLMs train you exactly in that direction and for that purpose. Additionally, foreign LLMs do give you special knowledge which general practice in Court would never. I was fortunate to read International Criminal Law during the BCL at Oxford and today, I teach that subject in Indian Law schools, be it Lloyd Law College or National Law University, Delhi. Indian Court practice wouldn’t have ever taught me the same!

     

    WHAT CHALLENGES DID YOU FACE DURING THIS TRANSITION FROM THE TOP MOST LAW FIRM TO INDEPENDENT PRACTICE ?

    While at Amarchand, I had waited too long to litigate and appear in Court. The law firm may be a great place for some but I had long realised it was not my calling. When I reached Court, I very well know that I was young and fresh. Noone would so easily entrust me with a brief right at the outset. So I taught myself how to run after work and not money. It took me a few months initially to find my feet but I think I managed rather very well. I was also in an advantageous position because I was a second generation lawyer. These privileges (as much as we shy away from them) do give us a Launchpad and I can never thank my father enough for the same. The best tip is – Do not run after money; lots of money will definitely come to you, at the maximum within a year or two if you’re passionate, hard – working and slightly lucky. Today, I am happy to pass on certain briefs due to paucity of time, only because I was initially hungry for good work and not just good money. Another challenge that one faces is finding work. Now this is the tricky bit. I would suggest you join a boutique law firm or maybe a senior counsel (though for only a few months) before you network for some good work.

     

    IS THERE ANY EDGE THAT YOU GET OVER THE PEOPLE WHO HAVEN’T DONE AN LLM SPECIFICALLY IF YOU ARE LOOKING FOR A JOB AT THE LAW FIRMS?

    Law firms and I have a very cynical relationship. Don’t get me wrong when I say this – law firms are essentially looking for those who can mechanically deliver on a daily basis what is required of them, may be a contract draft or a petition draft. So, they do not really look at an LLM or a Masters in depth knowledge with any respect because all they want is research and finding out almost every possible detail, without analysing or doing anything path breaking. Many enjoy the economic comforts and benefits of a law firm job and for all those, you can easily get the same with a Bachelor’s degree from India.

     

    HOW MUCH GPA IS REQUIRED FOR SECURING A PLACE IN A TOP LAW SCHOOL LIKE OXFORD?

    Good question! GPA scores are very important if you are amongst the top three or five in your college. During your Application process, play to your strength and do not forget to mention the same in your Statement of Purpose and Scholarship Application. I wrote almost everywhere that I stood first in my class and this turned out to be a great conversation starter during all my scholarship interviews, besides giving me a cutting edge and good impression. I stressed on how having a high GPA meant that I was one of the best students at my University and I too could bring something unique to the Oxonian high table. On the contrary, if your GPA scores are low, do not mention them unless asked and stress on other aspects such as extra – curricular achievements or books or publications.

     

    COULD YOU PLEASE GIVE AN ADVICE EACH FOR THOSE WHO ARE APPLYING FOR AN OXFORD LLM; THOSE WHO ARE TRYING TO GET INTO LAW FIRMS AND THOSE WHO INTEND TO UNDERTAKE INDEPENDENT PRACTICE?

    For Oxford Applicants, manage your time effectively and apply well in advance, and of course, flag your scholarship deadlines. Be consistent in your efforts to procure great recommendations from academicians and draft a heartfelt Statement of Purpose. The BCL is a course which you’ll never be able to undertake again in your life, so make the most of it once you are there.

    For Law Firm aspirants, intern at reputed firms all through law school and in a variety of subjects, be it civil, criminal or corporate law. Pick the one that you are most keen in for you have to practice it for a fairly long period of time, once in the firm.

    For Independent Practitioners, dream big to make it happen. Find your feet by interacting with seniors and lawyers alike, network well and be patient. Just run after work and not the money. The latter is bound to follow suit, that too soon.

     

    Credits : Mr. Manthan Nagpal for transcribing the interview.

     

     

  • Rahul Donde, Senior Associate, Lévy Kaufmann-Kohler on a career in International arbitration and being appointed arbitrator by ICC

    Rahul Donde, Senior Associate, Lévy Kaufmann-Kohler on a career in International arbitration and being appointed arbitrator by ICC

    Rahul Donde is an alumnus of GLC Mumbai and specializes in international commercial and investment arbitration. He acts as arbitrator, counsel, secretary, and assistant of the arbitral tribunal in international arbitration proceedings under both ad hoc (UNCITRAL, Swiss PILA, Indian Arbitration Act, 1996) and institutional arbitration rules (ICC, LCIA, ICSID, CEPANI).

    He has specific experience in disputes relating to utilities, natural resources (water, oil, gas, renewable energy) and joint venture/shareholder agreements in different jurisdictions. He has been involved in high-profile disputes arising under the NAFTA and BITs as well as under complex long-term contracts. He has specialization in energy law with focus on oil, gas and renewable energy.

    Prior to joining Lévy Kaufmann-Kohler in 2012, Rahul worked in the arbitration department of a large European firm. Before that, he was an associate for several years in the dispute resolution team of a major Indian law firm. Rahul has acted as counsel in numerous commercial disputes before arbitral tribunals and domestic courts in India and has specialized knowledge of the idiosyncrasies of dispute resolution in multiple jurisdictions.

    Rahul is the co-editor of the first-ever TDM Special on dispute resolution in India, and he is the country reporter for India for the IBA Report on Arbitrability under the New York Convention. He has been appointed to the Advisory Board of the Thailand Arbitration Center and the Center for Advanced Research in Dispute Settlement. He is a Steering Committee Member of the young arbitration practitioners groups of the Chartered Institute of Arbitrators and the Mumbai Center for International Arbitration. He is regularly invited to speak at conferences and conduct training programmes and workshops organized by UN organizations, the ICC World Business Institute, the Chartered Institute of Arbitrators, Young ICCA, the Asian Society of International Law and others. His publications cover topics of current interest in water, energy law and international arbitration

    In this interview, he talks to us about:

    • applying for LLM abroad
    • a career in international arbitration
    • being the youngest ever Indian arbitrator to be appointed by ICC

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    As I am! Bookworm, technogeek, football and swimming enthusiast.

     

    PLEASE TELL US ABOUT YOUR TIME AT GLC MUMBAI.

    I thoroughly enjoyed my time at GLC. Lectures by Prof. Pithawalla, Prof. Daswani, and many others were particularly memorable. My seniors described GLC as a “buffet” early on, and I must say that I took full advantage of that. I was a member of a number of student committees – the Moot Court Association, the Debating Society, the Law Review Committee, Rotaract Club, and others, many of which I also had the pleasure of leading. I co-founded Students for the Promotion of International Law (SPIL), the first international law association in Mumbai and helped set up GLC’s computer research center. I am very happy that GLC has moved from strength to strength over the years.

     

    YOU HAVE PURSUED A LOT OF ADDITIONAL COURSES IN CYBER LAW, ADR, ETC. WOULD YOU RECOMMEND THESE COURSES TO LAW STUDENTS?

    I strongly recommend pursuing specialized courses to law students. Pursuing such courses exposes you to the finer details of a subject, so you can be sure that you are truly interested in it (without incurring the cost of an LL.M.!). For instance, my ADR and International Trade law courses led me to conclude that my interest lies in international dispute settlement. Besides, pursuing such courses could help to get admitted to an LL.M., and for getting scholarships.

     

    WOULD YOU SAY WORK EXPERIENCE BEFORE A MASTER’S DEGREE HAS AN ADDED ADVANTAGE?

    Definitely. Work experience allows for a better appreciation of the higher level of education dispensed at the LL.M. level. It also enables you to gain more from your classes: with the help of your professors, you can test how your instruction would apply to real-world situations rather than engaging in purely theoretical discussions. Besides, some universities value work experience for admissions to LL.M. programs.

     

    WHAT WAS YOUR MOTIVATION BEHIND DOING AN LL.M. ABROAD? HOW DID YOU CHOOSE TO SPECIALIZE IS INTERNATIONAL ARBITRATION?

    I always wanted to do an LL.M. abroad. Foremost, I wanted to experience different methods of instruction than what I was exposed to at GLC. I was also keen on doing project-work rather than simply writing annual exams. The idea of sharing thoughts and experiences with fellow students across the world (it’s a big world!), was all too enticing! I’m happy to say that my LL.M. experiences far exceeded my expectations.

    As for choosing international arbitration, I’ve always been a disputes lawyer, right from my very first internship in Mumbai. As I mentioned, I took courses in ADR and international trade law, and soon realized that international dispute settlement would be the ideal field for me to merge these subjects along with my interest in public international law.

     

    WHAT WOULD BE YOUR WORD OF ADVICE TO STUDENTS LOOKING FOR A CAREER IN INTERNATIONAL ARBITRATION?

    Beware! International arbitration is a particularly unique field as it attracts students from many different disciplines. Those intending to make a career in international arbitration should be prepared to go the extra mile to stand out from their peers. As I mentioned, I recommend pursuing specialised courses in international arbitration before pursuing an LL.M. degree in the field. Also, students should think of writing on the subject too – articles, blog posts and the like. Further, students should attend arbitration conferences – a great way to keep abreast of latest developments as well as connect with leading practitioners. While such conferences were rare (and expensive), we’re changing that now: an international conference I organized in Mumbai last year saw students attending in large numbers. Finally, students should think of offering to help senior practitioners in their ongoing projects or research. This not only helps increase awareness of “real” arbitration work but also helps create (valuable) relationships in the field, besides bolstering your resume of course! I work with several research assistants myself for my academic pursuits and hope that the experience is as educative and useful for them as it is for me.

    CAN YOU PLEASE TELL US ABOUT YOUR EXPERIENCE APPLYING FOR YOUR MASTER’S DEGREE? DO YOU BELIEVE IT IS MORE DIFFICULT FOR NON-NLU STUDENTS TO GET THROUGH INTO FOREIGN UNIVERSITIES?

    I completed my first LL.M. in 2011 – an LL.M. in Dispute Settlement offered jointly by the Graduate Institute, Geneva and the University of Geneva. I completed my second LL.M. via distance education this year – an LL.M. in Oil and Gas law from the Robert Gordon University, Aberdeen. Applying for my first LL.M. was quite challenging. I remember spending hours drafting and redrafting my Statement of Purpose (SoP). Organizing other documents was tough too – recommendation letters, transcripts etc., all while working full time. I would strongly recommend setting aside some time for making applications, it’s quite a job! And do spend time on your SoP; I can say from experience that it will be read, and the success of your application may well depend on it!

    I do not believe it is difficult for non-NLU students to get through foreign universities. Each law school has its own strengths and weaknesses, students have to maximise all available opportunities, and have good grades. From experience, I can say that while admissions committees do take into account an applicant’s university, the SoP, grades, co-curricular activities and the like carry far more weight.

     

    WHAT LED YOU TO CHOOSE TO STAY ABROAD AND NOT RETURN TO INDIA AFTER COMPLETING YOUR LL.M.? HOW DID YOU JOIN A REPUTED FOREIGN LAW FIRM AFTER YOUR MASTER’S COURSE?

    I always looked at an LL.M. as a two-part project – foreign education and foreign work experience. The latter was particularly important given that I chose to do an LL.M. in international dispute settlement – something that at the time was not very common in India. I choose to stay abroad now because I still have a lot to learn and a long way to go to become the global dispute resolution professional I aspire to be. Moreover, I enjoy my work in an exceptional environment that is intellectually stimulating and nurturing in equal measure. In any event, I travel back to India at least 3-4 times every year to meet clients, friends and organize arbitration events. In some senses, I never left!

    Joining a foreign law firm took some effort. Besides being actively contributing in class, I volunteered to work on small projects for my professors, which I did to the best of my abilities. Their recommendations, coupled with my work experience and grades, got me here. It also helped that I interned at a law firm while pursuing my LL.M. – 15-hour workdays for nearly six months, but well worth it in the end.

     

    DO YOU BELIEVE THAT A MASTERS IS A MUST FOR LAWYERS SEEKING INTERNATIONAL EXPOSURE, AND JOINING A FOREIGN LAW FIRM?

    I would say that some form of foreign education is useful for those seeking employment outside their home jurisdiction, as well as those seeking to have international exposure while remaining in their home jurisdiction. This could be a full-fledged LL.M. degree or any other program. There are so many unique programs out there these days that a targeted short course may be valued more than a generic LL.M.

     

    HOW IS THE WORK CULTURE ABROAD DIFFERENT FROM THE WORK CULTURE IN INDIA?

    I think we should be careful not to generalize the working culture in India and abroad. There are firms all across the spectrum everywhere. Dedication is required everywhere but perhaps not understood the same. Professionalism is rewarded here, not benchwarming. There is no requirement to spend long hours in the office unless there is a real need to do so. Another difference is personnel development. Foreign firms are more open to their associates engaging in career development activities. There seems to be some hesitation towards this in India.

     

    WHAT ARE YOUR ROLES AND RESPONSIBILITIES AT LÉVY KAUFMANN-KOHLER? WHAT IS THE AVERAGE WORK-DAY LIKE?

    Lévy Kaufmann-Kohler (LKK) specializes in international dispute resolution, particularly international commercial arbitration and investment arbitration. I’m happy to say that I play a role in all aspects of the arbitral process: I sit as arbitrator, act as counsel, and also act as secretary to arbitral tribunals.

    The average work-day varies tremendously depending on what work comes up. I could be issuing procedural orders in cases where I sit as arbitrator, drafting legal memos, and/or brainstorming strategies for use in current cases – anything goes. Its why I love my job! I also try to spend some time each day reading on current developments, not only on international arbitration – continuous training is important.

     

    WHAT IS THE SKILL SET REQUIRED TO BECOME AN ARBITRATOR?

    One needs a varied skill set to become an arbitrator. In my view, the most important skill is truly listening to what the disputing parties are saying. All too often one hears/reads what one wants and not what is said/written. It is equally important to be diligent – the devil is nearly always in the details! I could go on, but I find these to be the most important skills, common to the top arbitrators in the world.

     

    YOU HAVE BEEN THE YOUNGEST-EVER INDIAN TO BE APPOINTED BY THE ICC. PLEASE TELL US ABOUT YOUR JOURNEY FROM BEING A FRESHER TO BEING AN EXPERT IN ARBITRATION?

    A long journey, with a long way to go! Sitting in a classroom at GLC I never thought that I would one day work in Switzerland with the leading international arbitrators of the day. As I mentioned above, working hard and working well eventually pays off! I’ve received (and continue to receive) plenty of support and encouragement, especially at LKK, for which I am extremely grateful. Its been a tremendous learning experience so far, and the journey continues!

     

    WOULD YOU HAVE ANY PARTING WORDS OF ENCOURAGEMENT FOR OUR READERS WHO WOULD LIKE TO FOLLOW YOUR FOOTSTEPS?

    There are much bigger and better footsteps for others to follow!

    I would only say that nothing really replaces diligence and hard work. If you work hard and work well, results will follow. Also – and this is particularly relevant as I’ve often seen Indian students being intimidated in a foreign environment – don’t be afraid to step up. Just because something has not been thought of before doesn’t mean it can’t be done. And finally, always keep an eye out for opportunities – you never know what can happen!

     

     

  • Sajid Sheikh, Assistant Registrar (Academic), Maharashtra National Law University on experience as a law professor,  writing research papers and founding Lawlex

    Sajid Sheikh, Assistant Registrar (Academic), Maharashtra National Law University on experience as a law professor,  writing research papers and founding Lawlex

    Sajid graduated from The Law School, the University of Jammu in 2013. He did his post-graduation from National Law University, Jodhpur and is pursuing his Ph.D. from NALSAR University of Law, Hyderabad. With a passion to help the community, one step at a time, he founded Lawlex organisation in 2013. Presently, he is a faculty at Maharashtra National Law University Mumbai. His research interests are Intellectual Property Law, Law of Torts, Research Methodology and Advocacy Skills.

    In this interview he talks about:

    • His experience at National Law University, Jodhpur
    • His NGO – Lawlex organisation
    • Challenges of being a professor
    • Tips on writing research papers

     

     

    TELL US A BIT ABOUT YOUR CHILDHOOD, PRE-COLLEGE LIFE AS WELL AS EDUCATIONAL BACKGROUND.

    I have been born and brought up in Jammu (Jammu & Kashmir). I was a shy kid till the seventh standard. From eighth standard onwards, I started developing my interest in literary activities. I wrote two poems that year which I contributed to the school magazine. That was the beginning. Later, I participated in debates, symposium and essay writing competitions and fared well in them. I was much fascinated with science, particularly astronomy which I used to discuss with my friends during breaks.

     

    HOW DID YOUR INTEREST GRAVITATE TOWARDS LAW?

    My father is an Advocate. I enjoyed having a look at the files whenever I could get my hand at them. I liked the legal language, the sentence construction and how the arguments were presented. Sometimes, I used to assist my father in his office. Moreover, the fact that this profession could help people get justice inspired me to pursue law.

     

    WHAT DO YOU HAVE TO SAY ABOUT THE SUPPOSED ‘ELITE’ TAG ATTACHED TO CERTAIN LAW SCHOOLS? DO YOU BELIEVE BRANDING OF COLLEGE IS SOMETHING THAT’S VERY RELEVANT/ IMPORTANT AT ANY STAGE IN A LAW STUDENT’S CAREER?

    I have a kind of mixed opinion about this, based on what I have observed. Legal luminaries like Ram Jethmalani, Harish Salve, Fali S Nariman studied from traditional universities and are at the top of their profession. They started from the scratch and reached the zenith. But, these days when we rank everything when there are numerous options, ‘elite’ tag can help at entry level. The employer may give you a job based on the glitz of the institution tag, but your retention and growth depend on your knowledge, skill, and perseverance. There is no other route. Tags fail there. I have been told that there is certainly top tier law firms which provide stipends to interns belonging to certain law schools only.

     

    WHAT WERE YOUR AREAS OF INTEREST DURING YOUR GRADUATION? HOW DID YOU GO ABOUT DEVELOPING EXPERTISE AND KNOWLEDGE IN THESE AREAS?

    I loved Constitutional Law and Intellectual Property Law. There is no book better to understand law than to read the bare act thoroughly. This is my advice to my students today too. Before exams, I referred to many good books, but during exams, I used to refer to one book only due to time constraints. It’s better to remain focused than to wander.

     

    DID YOU DO ANY INTERNSHIPS OR EXTRA-CURRICULAR ACTIVITIES DURING YOUR LAW SCHOOL DAYS?

    The internship is the first step towards learning the etiquette of a profession. I interned under my father mostly. However, I did one internship with Luthra and Luthra Law Firm at Delhi which was phenomenal.

     

    WHEN AND HOW DID YOU DECIDE TO PURSUE MASTERS? WAS IT A PROFESSIONAL REQUIREMENT OR AN ENDEAVOUR OUT OF ACADEMIC INTERESTS?

    After my undergrad, I wanted to pursue my post-graduation either from abroad or from an NLU. I could not apply abroad as the results of UG got delayed, however, I got an opportunity at NLU Jodhpur, the decision which I never regret. Later on, I got an offer from European Masters in Law and Economics (EMLE), Germany, but had to forego due to my professional commitments.

     

    YOU HAVE DONE YOUR LL.M. FROM NLU, JODHPUR. CAN YOU PLEASE SHARE YOUR EXPERIENCE AT NLU-J? HOW WILL YOU COMPARE THE ENVIRONMENT AT NLU-J WITH THAT OF the UNIVERSITY of JAMMU?

    NLU Jodhpur invests a lot in academics. They provide a student ample exposure by inviting experts from different law schools and industry. All the events were open for all the students be it LL.B. or LL.M. I personally learned a lot. The residential nature of the University definitely helps in getting the best out of a student. The whole idea is of making a student think beyond the text.

    Doing a comparison between NLUJ and Jammu University won’t be fair. But, the teaching methodology which the NLUs use and the mode in which they keep students engaged 24×7 by projects, assignments other literary activities etc., gives an edge to them. Jammu University no doubt is great, but traditional universities have their own limitations.

     

    LOOKING BACK, HOW SIGNIFICANT DO YOU THINK THAT YOUR LEGAL EDUCATION WAS? WHEN DID YOU HAPPEN TO EXPERIENCE THE LEARNING CURVE?

    Law schools play a limited role in our careers. It can neither define nor decide your fate. To ace the race, one has to make the best use of the law school time. The question is how to get an edge over your other peers. The answer is apparent; by participating in skill-based activities like moots, debates, pursue certificate courses, attend summer schools, conferences, seminars etc. I did one i-policy course of Centre for Civil Society, Delhi which made me think about what I want to do with my life career-wise. I networked with a lot of friends who inspired me a lot. Through this network, I came to know about more opportunities which helped me define my trajectory.

     

    HOW HAS YOUR EXPERIENCE BEEN AS A LAW PROFESSOR? WHAT ADVICE WOULD YOU LIKE TO GIVE TO YOUNG LAWYERS LOOKING TO MAKE A CAREER IN FIELD OF TEACHING?

    The notion that you learn law to become a lawyer is deeply flawed. I have seen this notion still selling and being imbibed in fresh law students. Law is just like another course which opens a multitude of opportunities, and teaching is one of the best ones. If you have a habit of reading, a habit of writing and the zeal to impart knowledge, then this profession is for you. It is equally challenging like advocacy, every day is a new case, there are arguments and counterarguments, at least at good law schools which encourage discussions and debates. A teacher of today has to be a multi-tasker, you have to teach students, do the evaluation, do the mentoring, guide the students in lit. activities, do your research, work on research projects, spark collaborations and much more.

     

    DID YOU EVER HAVE DOUBTS BACK THEN ABOUT YOUR ABILITY TO STAND OUT IN THE LEGAL PROFESSION? WHAT, IN YOUR VIEW, ARE THE QUALITIES THAT A LAW STUDENT SHOULD STRIVE TO POSSESS TO RAISE A NOTCH ABOVE THE REST?

    I always believed in myself. But choosing the profession is very tough and no counseling is available for that. A law student should have a habit of reading, a passion for writing and the desire to learn. As mentioned above, within these five years, in the first three years, a student should get a multifarious experience by interning with NGOs, Commissions, advocates, judges, law firms; the last two years should be career specific. A law student should never join law with a notion in mind as what to become after five years. Getting the first-hand experience of various professions via internship always helps in making a good conscientious choice.

     

    HOW SHOULD LAW STUDENTS GO ABOUT SELECTING TOPICS FOR RESEARCH PUBLICATIONS?

    My response is again in tandem with my last response. For the first three years, topics should be diverse. My suggestion is that always choose a topic which is closely related to the project or assignment you have been given, as writing a reasonable paper takes at least a month of research. Topics should be contemporary, with a question of law which the existing research is not able to answer properly. Lastly, don’t waste time in finding an opportune moment to write. Just write and publish it wherever you can, be it law blogs or school magazines. Once you start writing, the quality will improve and trust me – this habit is addictive.

     

    YOU ARE THE FOUNDER OF “LAW LEX ORGANISATION”. COULD YOU PLEASE TELL THE MOTIVATION BEHIND THIS?

    Lawlex started with an aim of educational enhancement of law students all over India. In India, there are more than 1500 law colleges but the students are unaware as to the opportunities available to them. There is an information void. Secondly, I always wanted to do social work. I was associated with a blood donation organisation at J&K wherein we organised massive blood donation camps. This inspired me to start the NGO. Thirdly, at the time when limited platforms were available for students to write, Lawlex tried to fill that gap. We have the privilege of having provided more than 800 internships in the past years. With a subscriber base of more than 20,000 users, Lawlex has become one of the well know legal portal in India.

     

    WHAT ARE THE BIGGEST CHALLENGES THAT YOU HAVE HAD TO GRAPPLE AS A PROFESSOR? WHAT HAVE BEEN THE BIGGEST SUCCESSES SO FAR?

    Teaching profession of the present time is not a cakewalk. Every day is a new challenge. As a young faculty, mistakes are bound to happen. Teachers are also learners and students should accept this. The biggest success for a teacher is when a student fairs well.

     

    COULD YOU LIST OUT THREE ACTIVITIES WHICH ON A SCALE OF PRIORITY, SHOULD BE AT THE TOP IN ANY LAW STUDENT’S SCHOOL-LIFE?

    Academics (This is what you’re for in a law school. don’t get distracted)

    Co-curricular activities (This is what will give you an edge and will foment your skills)

    Networking (This is your getaway for a job. Meet new people wherever you go)

     

    LASTLY, WHAT WOULD BE YOUR MESSAGE TO YOUR STUDENTS?

    You cannot change your past but changing your destiny is in your own hand. There is no alternative to hard work. Identify your talent area and make the best use of it. If you are good in Mooting, go for that. If you are good at debating, debate more. If you have a good hand in research, publish good research papers. If you want to develop leadership skills and network, the intern with top legal portals. Just don’t rest, keep running.

     

     

  • Shrutti Rajgarhia, President, Network for International Law Students, India, on pursuing Masters from Cornell Law School and being a professor

    Shrutti Rajgarhia, President, Network for International Law Students, India, on pursuing Masters from Cornell Law School and being a professor

    Shrutti Rajgarhia pursued her bachelor’s degree from Government Law College, Mumbai in the year 2014. She went on to pursue her Masters from Cornell Law School, the U.S in the year 2015. She worked as an Assistant Professor with NMIMS School of Law, Mumbai. She is currently serving as the president of Network For International Law Students, India and the National Lead for Development Policy with One Future Collective.

    In this interview, we speak to her about

    • Her experience at Govt. Law College, Mumbai;
    • Advantages of having a Post Graduate Diploma in Journalism;
    • Her experience on being a professor at NMIMS School of Law; and
    • Being an activist and social worker.

     

    WHAT COULD BE A SHORT INTRODUCTION OF YOURSELF?

    Shrutti Rajgarhia is an upcoming lawyer, who graduated from Government Law College and received her Master’s in Law (LL.M) from Cornell Law School. Besides being outstanding at academics, she is a very passionate about human rights, with a special focus on access to education for all, volunteering (she feels there is nothing better than working for the upliftment of the community, without expecting anything in return), and food photography (because it gives her an excuse to eat and capture some of the most beautiful moments of life). Currently, she is the National Lead for Development Policy with One Future Collective (onefuturecolletive.org)

     

    TELL US ABOUT YOUR YEARS BEFORE LAW SCHOOL. WERE THERE PARTICULAR CHILDHOOD INCIDENTS THAT PROVED TO BE AN INSPIRATION FOR YOU?

    Not many people know this (now I guess they will) but I wasn’t the brightest bulb in school (attended Bombay Scottish School). Low on self-esteem and confidence due to a stammering problem, I barely made it through my courses. I did not understand self-confidence, let alone the massive impact it can have on a person’s life until I graduated school. Sadly, the confidence came from my 10th board results. The reason I say sadly because marks should never be the yardstick to measure one’s capability. But, unfortunately, that’s how our education system has ‘educated’ us to think.

    It was also at this point that I realized the importance of standing up for myself and for people who may not be able to stand up for themselves owing to various circumstances (my own example while in school). It was this thought that led to my decision to do law.

     

    HOW DID THE OPPORTUNITY TO STUDY LAW AT THE OLDEST LAW COLLEGE IN ASIA BENEFICIAL TO YOU? WOULD YOU LIKE TO SHARE ANY MEMORY?

    Government Law College is a very significant part of my life. When I look back to those fives years of BA., LLB, there was a lot that went by in between the Jhabvallas and Mokals. There are many life-defining situations but my most memorable was being General Secretary of the Placement Committee at Government Law College (GLC). I wasn’t sure I wanted to take up the position, in fact, deep down I knew the answer was a straight no. However, one of my closest friends now and then senior at GLC, Manvendra Singh Bhatti, encouraged me, no he actually demanded that I take this position up and refused to take no for an answer. And I’m glad I did because it has contributed immensely to the individual I’m today.

    Recruitment is hard, especially when you have 90% of the law firms and the corporate bodies; wanting to recruit National Law School students over GLC students. Convincing them to come on campus and pulling off two placement weeks, was nothing but the team effort. I had the most hardworking and enthusiastic team. They were as passionate as I was, to get placement for as many seniors as we could. And that’s why we decided to do two placements (it was a new model); one in September and one in January, providing more employment opportunities to our students.

    From managing the staff at GLC, coordinating with other committees and their events, synchronizing the work and updates from over 50 team members, taught me to multi-task and more importantly, to multi-tasking well. It taught that everything will come and go, but the people you work with are extremely important and respecting them comes before anything. A very famous quote by Voltaire will sum up what I learnt from this experience, “I may not agree with what you say, but I will defend to the death your right to say it”.

     

    YOU HAVE VOLUNTEERED RIGOROUSLY DURING YOUR LAW SCHOOL FOR A NUMBER OF ORGANISATIONS. WHAT MOTIVATED TOWARDS SOCIAL WORKS?

    I realized at a very early age that giving back to society is important. There are too many people in the world, who need help and not enough that are extending the help. Volunteering enables a person to help without expecting in return. It’s a platform that allows you to experience the joy of giving. For me, it was education. I strongly feel that imparting education is one of the best gift’s anyone can give to the community. Yes, you can give clothes, food etc. but all of these are perishable and people are going to run of them at some point. But education- it sticks. Nobody can ever take that way from a person. In my opinion, it is the golden ticket. The golden ticket of empowerment.

    Human rights mean living life with dignity. They are rights every individual is entitled to because he/she is a human being and we as lawyers are responsible to uphold this right and stand for justice.

     

    WHAT WERE THE BIGGEST CHALLENGES THAT YOU HAVE FACED DURING THE SOCIAL WORKS THAT YOU HAVE UNDERTAKEN, AND HOW DID YOU OVERCOME THEM?

    Groundwork is where reality exists. It’s where the actual work happens. It’s also where connections are built. What do you do once your volunteering time is up with the organization? How do you keep in touch? The children you teach, the staff you train become a part of your life. But, you also have other responsibilities to take care of- a job, a family. The hardest part for me was to keep in touch with the organizations I worked for. Virtually being available is never the same as physically being around to help. The organizations get new volunteers and you go on with your life. The connection that is built with the children is very valuable, for them and for you. That’s something I’m still working on. Working on trying to help make that connection long-lasting.

     

    WHY DID YOU SELECT CORNELL LAW SCHOOL FOR YOUR MASTERS? WHAT ACTIVITIES DID YOU ENGAGE IN THERE BESIDES ACADEMICS?

    Cornell, had a very interesting mix of International Law subjects, that I was keen on pursuing. I tried to involve myself in a few things there- worked at the veggie salad bar after class, interned with the Agricultural Sciences department, took classes at the B-School, honed my photography skills by taking off on the beautiful trails around Ithaca. Pursuing a Masters abroad definitely gives you a very different perspective about life and people. It also gives you a chance at getting to know yourself better. It helps you venture out of your comfort zone and explore opportunities, you didn’t know even existed.

     

    WHAT WAS YOUR MOTIVATION BEHIND PURSUING MASTERS AND WHEN DID YOU FINALLY DECIDE TO PURSUE HIGHER STUDIES?

    I realized in my second year of law school, that I wanted to pursue a Masters in Law. I wanted to experience the Socratic method of teaching (method of teaching involving asking and answering questions, that helps develop a critical way of thinking and arriving at conclusions). My main idea behind pursuing a Masters was to study varied courses on International Law, to understand the international community better.

     

    WHAT ARE THE KEY INGREDIENTS OF A WELL WRITTEN SOP? CAN YOU MAKE IT PERSONAL? WHAT SHOULD BE KEPT IN MIND WHILE WRITING SOPS?

    There is no set format for a Statement of Purpose. The answer to what to keep in mind is in the term itself- ‘Purpose’. Everyone’s idea behind pursuing a particular course is different, everyone’s experiences are different, so how can the way you write a Statement of Purpose be the same? I have always maintained that a Statement of Purpose is an individual’s life story; it is who they are and who they want to be; it is their journey. Like nobody should tell you how to lead your life, nobody should tell you how to write your own life story, when it comes to writing a Statement of Purpose, for a college application.

     

    YOU HAVE AN ADDITIONAL DEGREE OF POST-GRADUATE DIPLOMA IN JOURNALISM STUDIES AND IN HUMAN RIGHTS. DO YOU THINK THESE DEGREES WAS AN ADVANTAGE IN YOUR CAREER PROGRESSION?

    A P.G Diploma in Journalism is something I pursued because I’m passionate about writing and wanted to get some formal guidance on it. K.C College of Management Studies was a great choice because the faculty at this institute was incredible. Besides, learning a lot about the media, about the know how’s of journalism, I learned a lot about quick knacks on writing. This did help me in my work life. But the aim of taking this course was more to have fun writing and less for any professional gain. The Human Rights course that I’m currently pursuing is to understand the technical aspects of human rights better. Since I feel so passionately about it, I wanted to get a better, holistic understanding of it from the legal standpoint as well as from the developmental side. My advice to students pursuing diploma courses is, do it because you are learning something not because you think it will look fancy on your resume.

     

    WHY DID YOU DECIDE TO TAKE UP TEACHING AS YOUR CAREER OPTION, DESPITE THE FACT THAT OTHER OPPORTUNITIES WOULD HAVE BEEN MORE LUCRATIVE?

    Teaching at NMIMS, School of Law was one of the best decisions I’ve made. Teaching is sacred to me. I’m super passionate about it and come from the school of thought that it is a two-way street. The teacher not only teaches the students but can also have a lot to learn from them. You’d be surprised the amount students have to share. You just have to keep an open mind about it. There have been many instances where I walked out of class with more information than I walked in with. Teaching for me is about sharing my experiences and learnings. It’s about motivating young people to go out into the world and make a difference. It’s about challenging students to walk out of their comfort zone and embrace differences. It’s about educating them about the right and wrong and encouraging them to fight for justice. Teaching isn’t about teaching from a textbook, it’s about using practical examples and helping mould the way students think. Most importantly, I think it’s about letting students decide what kind of lawyers they want to be; what kind of change they want to bring about and letting them know that they have the capability of bringing about that change.

     

    YOU HAVE BEEN RECENTLY SELECTED AS A PRESIDENT OF NETWORK FOR INTERNATIONAL LAW STUDENTS. COULD YOU PLEASE TELL US A BIT ABOUT THIS ORGANISATION AND HOW DO YOU WOULD LIKE TO MAKE YOUR CONTRIBUTION TOWARDS THE ORGANISATION?

    The organization aims to further the legal education and the legal profession around the globe. You can read up more about the organization at https://www.nilsinternational.org/

    I’m fortunate to get an opportunity to contribute to the tremendous work this non-profit organization is doing, thanks to Mr. Pratik Bakshi. The aim of NILS, India would be, to create more awareness about law and justice, give students access to new opportunities of learnings in the legal field, help make law students more socially responsible and in all, help law students sitting in India, get an international exposure through our partners across the globe, through interactions with students from different countries and so on.

     

    WHERE DO YOU SEE YOURSELF IN THE NEXT FIVE YEARS, AND WHAT ARE THE CHANGES YOU EXPECT TO BRING ABOUT IN SOCIETY TILL THEN?

    Thinking of five years down the line is too far away. I don’t know what my life will look like 5 days from now. But, I hope my actions today, help build a strong community in the future. A community with more access to education, with more tolerance for differences and with more hands to help. To all the young people reading this, go out and help your communities, in whatever way you can. A community is a true reflection of the people who build and nurture it.

    LASTLY, WHAT WOULD BE YOUR MESSAGE TO OUR READERS?

    I actually have two pieces of advice that I’d like to share. These are two great pieces of advice I received as a law student:

    Don’t wait for the right moment. There is no such thing as a right moment. The moment is right when YOU decide it’s right.

    Don’t let anybody else’s journey, define yours. There is only one person in the world like you, don’t let anyone tell you otherwise!