Super Lawyer

Category: AOR

  • Tenacity and a strong work ethic are crucial attributes that can never be replaced- Varun Dev Mishra, Advocate-On-Record, Supreme Court of India

    Tenacity and a strong work ethic are crucial attributes that can never be replaced- Varun Dev Mishra, Advocate-On-Record, Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, could you please share with our readers how you ended up pursuing a career in law? What inspired you to choose this path?

    My journey into the field of law was a combination of serendipity and destiny. After completing my 10th board exams, the only apparent option seemed to be pursuing a subject that would lead to engineering. However, fate had a different plan for me. During the summer vacation, I had the opportunity to witness a moot court competition organized by NLU Bhopal near the city auditorium. The atmosphere in the room was electric, as the final rounds were judged by esteemed judges from the Hon’ble Supreme Court and High Courts. The participants’ relentless efforts to unravel the epistemological intricacies of the law struck me. It was at that moment that I realized my true passion lay in the realm of law.

    As a first-generation lawyer, what were some of the challenges you faced during your journey to becoming an Advocate on Record at the Hon’ble Supreme Court of India and the Hon’ble High Court of Delhi?

    Regardless of whether you come from a long line of lawyers or you are the first in your family to enter the legal profession, the challenges faced by lawyers are often similar. Tenacity and a strong work ethic are crucial attributes that can never be replaced. However, as a first-generation lawyer, the need to work harder may be more pronounced, as you may not have the same network or familial guidance in navigating the legal landscape.

    In my personal journey, I was fortunate to have friends and mentors who provided invaluable guidance and support at every step. As an alumnus of a prestigious National Law University (NLU), I had the advantage of knowing fellow lawyers practicing in various states across the country. Within a year or two of starting my independent practice, I began receiving work related to Hon’ble Supreme Court. It is worth mentioning that being an Advocate-on-Record (AOR) can significantly contribute to establishing oneself as a Supreme Court counsel.

    Could you tell us more about your specialization in criminal law practice? What drew you to these particular areas of law?

    I was always clear that to have a good litigation practice I need to start with the basics. With that in mind, I started my practice as a trial court advocate. The trial of Criminal law is very interesting. Every day you are representing someone whose dignity to life and property is at stake. Although all cases hold equal value, but in criminal matters, the exigencies are much higher. In trial court, the case revolves around hard facts and circumstances. It is in this spectrum of criminal jurisprudence the value of argumentative skills, research and legal strategy is put to real test.

    With over nine years of experience in handling litigation at the Supreme Court and various courts and tribunals in Delhi, could you share some memorable cases or achievements that stand out in your career so far?

    Throughout my nine-year career as a lawyer (which is relatively young), I have had the privilege of working on some captivating cases that have left a lasting impact on me. One particular case from my early years stands out, where I had the opportunity to represent a client who, as a woman, filed a domestic violence case against another woman. This presented an intriguing legal question: Could a woman file a domestic violence case against another woman? The courts in Delhi took notice of this matter and graciously decided to delve into the issue. Eventually, the High Court settled the matter, providing much-needed clarity on this aspect of the law. It was a significant moment, and I am grateful to have been a part of it, contributing to the understanding of domestic violence laws in such cases.

    At present, I find myself involved in a matter before the esteemed Delhi High Court that necessitates the interpretation of Section 143A of the Negotiable Instruments Act. This specific issue revolves around whether directors should fall under the purview of this section. It is a thought-provoking legal debate, given the absence of clear precedents or extensive jurisprudence on this particular matter. The court’s forthcoming decision will not only provide guidance on this issue but will also contribute to the evolving body of law in this domain.

    Additionally, I am currently engaged in another case where the Delhi High Court is carefully considering the scope and applicability of Sections 219 and 220 of the Criminal Procedure Code. The crux of the matter lies in determining whether multiple cases can be consolidated. This presents a captivating legal challenge, as it requires a meticulous interpretation of these provisions and an understanding of their practical implications. The court’s eventual ruling in this case has the potential to establish a noteworthy precedent and guide future proceedings involving the consolidation of cases

    As a panel counsel for many PSU and MNC clients, what are the key responsibilities and challenges that come with representing such diverse clients?

    Every client, regardless of their background or case, has similar expectations from their legal counsel. As an independent counsel in the legal service industry, it is essential to approach each case with honesty, dedication, and a genuine commitment to the work at hand. Maintaining a high level of professionalism and adhering to the client’s brief is paramount in providing quality legal services.

    Being an independent advocate also comes with the challenge of staying updated with the evolving landscape of the law, particularly when dealing with a mixed practice. However, I am grateful for my colleagues with whom I share my practice, as they provide a valuable network for knowledge-sharing and staying abreast of legal developments. Additionally, my associates contribute to the endeavors of each day, collectively working towards providing the best possible legal assistance to our clients.

    By fostering a culture of collaboration and continuous learning is necessary in current times. It is through this collective effort and dedication that I am able to navigate the complexities of the legal profession and meet the expectations placed upon by my clients. Further maintaining the highest standards of integrity, sincerity, and commitment in my practice is not only a professional obligation but also a privilege.

    In your experience, what are the crucial factors that contribute to a successful settlement in litigation, especially when dealing with matters of recovery, contractual disputes, and consumer laws?

    As I embarked on my legal career, I witnessed the increasing prominence of mediation and conciliation processes as essential components of the legal system. Recognizing the mounting burden on the judicial system, courts have established mediation centers within their premises, and certain statutes now mandate pre and post-litigation mediation. Embracing and respecting the process of mediation/conciliation has proven to be crucial in achieving successful settlements.

    As an advocate, my role is to guide clients towards settlement options and set aside personal interests during mediation. By actively participating in the process and facilitating negotiations, we can strive for amicable resolutions. Embracing mediation not only avoids lengthy and costly court battles but also empowers clients to actively shape the outcomes of their disputes.

    You have presided over a bench and been appointed as an arbitrator, Could you share any insights or lessons you’ve learned from these experiences?

    I have had the privilege of serving as a legal member from the bar in the National Lok Adalat, where I presided over cases. Additionally, I have been appointed as an arbitrator by parties to resolve their disputes. The role of an arbitrator or presiding member differs from that of an advocate. In India’s adversarial system, the presiding person is expected to maintain a non-interventionist stance. This means that as an arbitrator, I am obligated to be non-partisan and impartial, basing decisions solely on the submissions made by the parties and the records presented. It is not my role to act as a devil’s advocate in search of equitable justice.

    Maintaining neutrality as a non-partisan individual can be challenging, particularly given the overwhelming number of pending disputes that require resolution within a single day. However, it is important to remember that we are dealing with people and not just statistics. Striving for equanimity and impartiality is paramount, despite the difficulties. Each case before me represents real individuals and their concerns, and I always made sure that it is my duty to approach each matter with the utmost fairness and objectivity.

    As a pro bono advocate, how does it feel to provide legal representation to underprivileged sections of society? Could you share a significant pro bono case that made a positive impact on your career or personal life?

    As a panel counsel of DHCLS (Delhi High Court Legal Aid Service) and Delhi District Legal Aid, I have had the privilege of providing legal assistance to undertrial prisoners and underprivileged sections of society. In the pursuit of justice, it is essential to pay attention to the marginalized segments of Indian society, even amidst the economic growth the country is experiencing.

    In the realm of criminal law practice, there is often a focus on representing clients involved in white-collar crimes, where the potential sentences are relatively low. However, there are many instances where young adults are falsely implicated in cases such as mobile phone robberies, which carry significantly higher sentences. It becomes challenging for these individuals to secure legal representation throughout the trial, which typically lasts 2-3 years. In such scenarios, the availability of free legal aid and pro bono services becomes crucial. Advocates should consider it their commitment beyond their profession to provide pro bono service.

    During the COVID-19 pandemic, I had the opportunity to interact with an undertrial inmate in Tihar Jail. Despite having already served the maximum punishment of three years, the inmate was still languishing in jail due to delays in obtaining a release order caused by the limited functioning of the courts. Moved by the situation, I took immediate action and filed a bail application on a court holiday, presenting it before a duty magistrate. Through this effort, I was able to secure a release order on the same day, providing relief to the individual.

    These experiences highlight the importance of dedicated legal aid services and the commitment of advocates to serve society. By extending our support to underprivileged individuals and fighting for their rights, we contribute to a more just and equitable legal system.

    Finally, what advice would you like to give to fresh graduates who are aspiring to pursue a career in law? What qualities or skills should they focus on developing to succeed in this profession?

    Law is an intriguing field that has been evolving alongside the changing times. It is important to recognize that there are numerous career options in law available after graduation, beyond traditional paths like litigation or corporate law practice.

    For a litigating lawyer, certain skills are essential. Firstly, honesty is paramount. It must extend to the client and to the honorable court. Upholding honesty and integrity in all aspects of legal practice is crucial for maintaining the trust of clients and the integrity of the judicial process.

    Secondly, perseverance and hard work are key.  Contrary to the portrayal in John Grisham novels, the reality of a successful legal career necessitates ongoing dedication and consistent effort. One significant case does not negate the facet of continuous hard work. It is through sustained perseverance that an advocate can navigate the complexities of the legal profession and further it is important to recognize that success is not achieved overnight. It is a culmination of integrity, diligence, and an unwavering commitment to the ethos which you promised to yourself before entering the profession.

  • I believe the important lesson for any fresh graduate “is to be humble”-Talha Abdul Rahman, Advocate on Record, Supreme Court of India

    I believe the important lesson for any fresh graduate “is to be humble”-Talha Abdul Rahman, Advocate on Record, Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, could you please share with us how you decided to pursue law as a career and what inspired you to take this path?

    To begin my professional story, I must start in Faizabad, where I grew up. Faizabad did not have many great educational opportunities, which led me to relocate to Lucknow. As a teenager, computer science, and technology generally, engrossed me and was all set to study computer science engineering. However, towards the end of Class XII, I had begun to take great interest in work that involved a more people-centric approach and leadership positions. I became increasingly interested in works that could affect people in a very personal way. Naturally, I veered toward the law. Of course, my family was surprised by my decision and  I did face resistance. Here was a bright student who could have potentially entered a great engineering college and secured his life or, at least, this is how my family saw it back then. My family did not consider law to be a profession of choice.

    Was it a rebellious decision to study law? I would say, yes. You see, the law was not as popular a course as it is today. And my mini-rebellion had to be tempered by studying law at the best place one could find in India. NALSAR fulfilled this criterion and with my family’s blessings, I got into NALSAR in 2003 and really enjoyed the next 5 years. I enjoyed law and legal studies and was almost smitten by it.  I am glad that I followed my heart and pursued law.

    Right after my graduation, I was offered the Shell Chevening Centenary Scholarship to study for a bachelor of civil laws (BCL) at Oxford University in 2008-2009. My time in Oxford grounded me in the law – overall it was a very humbling experience.  Until now, my most significant revelation has been the recognition of the vastness of the law as a discipline and  the extent of my ignorance. 

    The seminar system employed at Oxford acquainted me with distinct fields of study and acquainted me with fundamental concepts and ideas. These subjects were subsequently explored in greater detail during tutorials. Such a process necessitated diligent reading, and assimilation of cross-jurisdictional legal thoughts.

    Thereafter, I came to India and began work in the dispute resolution team at AZB & Partners (Mumbai), where I had the occasion of working with the very best litigators that a lawfirm in India had to offer. 

    I passed the Advocate on Record (AoR) Examination in 2017.

    You have a broad range of experience in different legal domains. Can you share with us how you gained exposure to such diverse areas of law?

    I have never tried to confine myself to any particular subject within the broad field of law. Obviously, there are areas within this broad field that I find more relevant or more interesting, but each area has its own charm—whether it be taxation law, dispute resolution, constitutional law, environmental law, commercial law, or criminal law, etc. The law is quite fluid. Indeed, as lawyers, we deploy disparate sources and subjects to put forth a particular interpretation of the law. It requires being insightful about a subject, but also to have a broadside view of the entire field. You should be able to see where your argument fits in the grand scheme of things – especially when law itself is fluid. In other words, one should not miss the forest for the trees. 

    My stint at AZB & Partners in Mumbai helped me familiarize myself with the various facets of dispute resolution and developing a solution oriented approach to working. Back in Lucknow, litigation work was varied, which involved everything from labour law to pure commercial law.   While at AZB, I was still guided by seniors; but at Lucknow with a different set of clients I had greater creative freedom. 

    Similarly, working in the chambers of former Solicitor General of India, Mr. Gopal Subramanium, exposed me to practical work in commercial, constitutional, criminal, and arbitration matters. I think, largely because of Mr Subramanium himself appeared in all kinds of matters, I began to assist him in variety of matters and eventually developed a practice that is diverse. 

    Could you talk to us about a case that you handled that was particularly challenging and how you managed to navigate through it successfully?

    Most cases in the Supreme Court come with their own set of challenges. One case that I particularly remember was the case concerning a town planning scheme in Raipur.  It was one of my earliest cases before the Supreme Court. After the first hearing, Mr. Subramanium who along with Mr Huzefa Ahmadi was leading us, advised us to get a complete record of the case running into several hundred pages and to make sure to have examined every page for legal points.  We managed to navigate through the case because we were very thorough with facts; and consequently managed to get the Supreme Court to decide the law also in our favour. It’s a different matter that the Government brought an ordinance to dilute the impact of the judgment. 

     As young lawyers, and perhaps even otherwise, we cannot neglect the facts and going through every page in the file is a necessity.

    As someone who has represented clients before both the Supreme Court of India and other courts, what are some of the differences in the approach that you take when representing clients in different courts?

    There is a marked difference in approach. This is primarily down to the nature of the jurisdiction of each court. Every step in a case is crucial and the approach differs in terms of the nature of arguments presented. First, the Supreme Court is the highest court in the land, and it is the final court of appeal. This necessitates a different approach than what you would normally take before a high court or a tribunal. This different approach entails finding out the error committed by the court below and identifying which point to place first. The window of presenting your argument is very short; and any delay or error in identifying the correct points worthy of Supreme Court’s interference is fatal. Even when questions of law are wrongly decided by the High Court, the Supreme Court may not want to interfere given the facts of a case.

    Second, in High Courts, the facts matter a little more; and on account of the obligation to give reasons – the hearing is also a bit elaborate.  Thus, the different approach is more down to the role of each court.

    I must point out that a counsel must be fully prepared no matter where the case is listed, because the basics remain the same.  When it comes to time, I feel that courts follow a pyramidical structure where the most amount of time is taken before the trial court and High Court.  In some cases, this is upset as well – which results in error which the Supreme Court then needs to correct. When this case goes before different courts, one needs to be mindful of the rules and legal principles that govern the jurisdiction and powers of the said court.  

    Can you share with us your experience working as a Junior Standing Counsel for the Income Tax Department and the Directorate of Revenue Intelligence?

    I was appointed as Junior Standing Counsel for Income Tax Department before the Allahabad High Court at the age of 26. In 2017, I was also appointed by the Government of India as Junior Standing Counsel of Directorate of Revenue Intelligence before the Delhi High Court.

    As a Junior Standing Counsel for the Income Tax Department and the Directorate of Revenue Intelligence, I was responsible for representing the Government of India in various legal proceedings, including litigation in the High Courts and the Supreme Court. I also provided legal advice to the Government on a variety of tax and revenue matters.

    My work as a Junior Standing Counsel was challenging and rewarding.  One thing that stands out is that while working with Income Tax Department as well as DRI, the officers are up to date with facts and sharp with law. They instructed me and for that matter all counsel generally pretty well. I enjoyed the professional approach that officers had while briefing their counsel.

    I had the opportunity to work on a variety of complex and high-profile cases, and I learned a great deal. I also had the opportunity to work with some of the best lawyers in the country. More importantly, I gained considerable experience by understanding the perspective of the state when it litigates before courts.

    What do you think are some of the essential skills that a lawyer must possess to be successful, and how have you developed these skills throughout your career?

    A lawyer is an amalgam of knowledge and communication skills. If you lack either, you are not a complete lawyer. Building a repository of knowledge requires a lot of sustained reading, and reading not just the law but various other subjects as well; and above all, listening. Writing comes next. Therefore, reading good texts and even well-written novels will help improve your vocabulary and the way you frame sentences – keeping in mind the audience.   Skills of critical thinking and analysis, are subsumed in the skill of acquiring knowledge.

    The other skill is communication, which comes in various shapes and sizes. From writing emails, to letters, to applications, to pleadings – we, lawyers write many documents, and in addition engage in serious oral advocacy – which again is a form of communication.  Lawyers need to be able to communicate effectively with judges, lawyers, clients, and even the general public. This includes being able to write clearly and concisely, and to speak persuasively. I developed these skills through my education, both at NALSAR and Oxford, through watching my seniors and peers, and inculcating the values of professionalism and hard work in my own work as an advocate. Having said that, I continue to work on it.

    Could you talk to us about any particular legal issue that you are particularly passionate about and why?

    I recently worked on the legal issues surrounding citizenship. I am fascinated by its legal conception and how the idea of citizenship has evolved over the years and its link to other rights. Hannah Arendt called citizenship “the right to have rights.” Arendt was skeptical about the concept of human rights—which, in theory, belong to every person but we are not sure how these rights are to be guaranteed. What role does the law play in securing rights to people is what fascinates me. The taking away of citizenship renders people stateless, a person who is not considered as a national by any State under the operation of its law. Statelessness often has a severe and lifelong impact on those it affects. They have little access to basic needs of life. I have written about the power of the state to render a person stateless, to strip them of citizenship and its attendant rights. In my paper titled, “Identifying the ‘Outsider’” in The Statelessness & Citizenship Review, I analyzed the law and the manner in which different courts addressed the issue of statelessness. The paper concluded that the framework of adjudication by Foreigner’s Tribunals does not constitute effective adjudication under the Constitution of India.

    Finally, what advice would you like to give to fresh graduates who are starting their career in law?

    I believe the important lesson for any fresh graduate is to be humble. This means treating everyone with utmost respect and humility, and to learn from everyone you come across. I have learned that you can gain valuable insight in the most non-traditional situations and from people you probably would not classify as “well-read”. When I started, and even today – I still often paginate petitions, correct typos, be corrected by junior and senior colleagues at the Bar, and take criticism with humility. 

    Shining on account of your work, wisdom and merit – continues to be one of the best ways to get work as a lawyer – despite what LinkedIn may suggest. It is important to be visible but the boundaries of ethics must never be breached. Where possible, attend various events for the sake of knowledge and reach out to lawyers in your area of interest. Building a relationship is important. 

    One also must learn to be patient, both with others and yourself. It takes time to build a successful career as a lawyer. Don’t get discouraged if you don’t find success right away. But you must put in the hard work and develop skills a lawyer must possess to succeed.

    Lastly, be passionate about the law. If you’re not passionate about the law, it will be difficult to succeed in the legal profession. Make sure you’re committed to the law before you pursue a career in it. One must have an attitude that if one lives a hundred years, one will learn a hundred years. Each day must be filled with some new judgment, principle, proposition, law, book, or an article that enhances your understanding of the law – or generally learn something new every day.

    Get in touch with Talha Abdul Rahman-

  • Working in the Supreme Court on a wide range of issues from various fields and areas of law requires a multidimensional approach, which is rewarding- Aditya Bharat Manubarwala, Counsel, Supreme Court of India

    Working in the Supreme Court on a wide range of issues from various fields and areas of law requires a multidimensional approach, which is rewarding- Aditya Bharat Manubarwala, Counsel, Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, could you please tell us a little about your background and how you first became interested in pursuing a career in law?

    I was born and raised at Mumbai before I finally shifted my primary base to New Delhi to practice at the Supreme Court of India apart from maintaining a dual practice in other regions of India particularly- Mumbai and Chandigarh. I hail from a quintessential family of Advocates and Solicitors. My mother is practicing as an arguing counsel at the Bombay High Court and other forums at Mumbai since the past 37 years while my father is an Advocate, Solicitor qualified from the Bombay Incorporate Law Society and Advocate on Record at the Supreme Court. This year (2023) he completes 50 years as a practicing Advocate. My elder brothers and their wives are Advocates as well. My father founded a full service law firm at Mumbai 45 years ago. I have subsequently established the litigation practice of the firm at New Delhi, Chandigarh and Ahmedabad with associate offices at Vijaywada, Chennai and Kolkata. Interestingly, my wife and her entire family including her parents and grand-father are also Advocates based at Shimla Himachal Pradesh. I have founded my own Litigation Chamber-set at New Delhi by the name –‘Chambers of Aditya Bharat Manubarwala’. My wife – Akriti A Manubarwala and I jointly operate the Chambers; our team includes four full time Junior Counsels as well as Six Of-Counsels at New Delhi and Mumbai.  Undoubtedly, being raised in a family of lawyers had its impact on me; my causal visits to my parents’ law firm, my interaction with their lawyer friends, my occasional visits to the courts, particularly the Bombay High Court made me develop basic knowledge and idea about the legal profession much more profoundly in comparison to my non-lawyer family background friends. However, despite this background, my interests as a child lay in becoming a Doctor; as a teenager I wanted to be a journalist.  My views changed completely after I got exposed to the lectures and interviews of Mr. Arun Jaitley, Senior Advocate, Supreme Court of India and former Finance Minister of India. I have been an ardent follower of Mr. Jaitley and a self-proclaimed fan since my school days. Since school days, it has been my deep desire to contribute to the growth and development of India. Initially I thought I could do so by being a doctor or a journalist, however, upon closely observing Mr Jaitley’s journey, I got inspired to practise litigation while concurrently dabbling in the field of public policy and politics. As a seventh grader, I was caught by parents mimicking an Arun Jaitley speech in front of the dressing table in my house. I feel, subconsciously, I continue copying and attempting to emulate him. He was truly Guru Dronacharya to me. He was a guru I never met, saw, or spoke with, but whose profound influence continues to shape my career and personality to this day and will almost certainly shape me until my death….

    Tell us about your journey from law school, to Supreme Court including your experience pursing the prestigious Master in Law (LL.M) in International Law Degree at the University of Cambridge?

    I graduated from Pravin Gandhi College of Law, University of Mumbai. Being from a conventional law college has its share of challenges in this NLU-driven legal education regime that we find ourselves in. Faced with this gargantuan challenge of proving my worth, I embarked upon my legal education in a rather structured manner thanks to the advice offered to me by Dr. Justice DY Chandrachud, Now Chief Justice of India, then Chief Justice of Allahabad High Court, who suggested I follow a theme-based model in relation to planning my internships. Themes suggested were – an NGO internship, a policy internship, judicial internship, litigation internship, etc. Apart from following the aforesaid model, I concurrently spent a significant amount of time and energy honing my public speaking skills by way of debates. I won fifteen national and international debate competitions and was even featured in The Indian Express for them. I wrote extensively, first in my own blog, then research papers in law journals and finally in newspapers and blogs. My habit of writing has continued, years after my graduation. I believe writing requires clarity of thought and precision derived from sound research. Writing regularly is akin to working out the mind, and this in turn has a direct positive impact on one’s speaking abilities. Regularly writing and researching has helped me develop my courtcraft as a counsel to a great extent. As of 18-10-2021, I have been published in newspapers and journals across nine countries, including the USA, UK, Belgium, Thailand, Bangladesh, Pakistan, India, Nepal, and Afghanistan. Even now I regularly contribute Op-Ed articles to prominent news papers like – The Hindu and The Indian Express    

    Looking back, it seems like quite a journey. My first brush with the Supreme Court was as a “Research Associate” in 2016 to Mr Justice F.M.I. Kalifulla, then a Judge, of the Supreme Court of India. I remember a rather funny anecdote. I was interning with Mr Justice Shantanu S. Kemkar, then a Judge of the Bombay High Court, in June 2016. It was my first judicial internship. Upon completion of my internship in June with Justice Kemkar, I informed him about my next internship as a Research Associate being in the Supreme Court of India in July 2016. Justice Kemkar in jest said that “you got promoted from High Court to Supreme Court in just a month, certainly much faster than me”. Although said in complete jest, his statements proved correct in a rather different sense. Upon commencing work at the Supreme Court, I grappled with vast, disparate laws. The breadth and sheer diversity of the work I experienced in the Supreme Court was far more than what I experienced in the Bombay High Court. It dawned upon me that practising in the Supreme Court is certainly difficult, but the experience and knowledge gained is insurmountable and unparalleled to working in any other court in India, or maybe the world.  My next brush with the Supreme Court was upon my selection as a Law Clerk-cum-Research Assistant to Mr Justice Vineet Saran, Judge, Supreme Court of India. I worked on one thousand cases whilst there. Working as a law clerk and subsequently as an Advocate at the Supreme Court of India has been one of the most enriching experiences of my life. Working in the Supreme Court on a wide range of issues from various fields and areas of law requires a multidimensional approach, which is rewarding.   As a law clerk, I provided significant research on on-going cases up for final hearing. Amongst other things, I also prepared short briefing notes which essentially summarised the entire special leave petition in 1 or a maximum of 2 pages. My ability to comprehend, process, and interpret vast, diverse, and frequently complex legal propositions grew significantly as well. One of the Judges of the Supreme Court of India once told me early in my tenure, that a lawyer, who can write well, is a lawyer who can speak well. I could not agree more with this. As a law clerk, a significant amount of time is spent reading paper books related to important cases, which is then processed and churned out into concise notes; a logical corollary of this is improved writing skills, which, in turn, significantly improves verbal communication. A clerkship serves as a great prepping experience for a lawyer attempting to build his/her life in litigation, especially as an arguing counsel.   Upon completion of my tenure as a law clerk, I pursued an LLM at the University of Cambridge. While there, I was offered a job as an associate by a top-tier law firm in London. However, all my life I viewed the law as a tool towards social transformation. I always believed in making a difference by being the difference. I deftly avoided succumbing to the temptation of a high paying “fancy” job in the UK and decided to return to India to play my small part in nation building. Once back in India, my experiences and exposure as a law clerk motivated me to commence practice at the Supreme Court of India as a counsel. I closely work on cases on behalf of the State of Maharashtra, State of Goa and State of Madhya Pradesh at the Supreme Court, apart from maintaining a commercial and corporate practice at the National Company Law Appellate Tribunal, New Delhi and Bombay High Court. I also appear on a regular basis before Arbitral Tribunals presided over by former Supreme Court and High Court Judges Apart from my life as a litigating lawyer, I also deliver guest lectures and speeches at national law universities, law colleges and professional bodies. I also work closely with the Parliament of India on issues of law and public policy. I have been appointed by the Union of India and the State of Madhya Pradesh as their Counsel at Supreme Court, making me one of the youngest Advocates representing them at Supreme Court.

    Kindly share with our readers your experiences as a young litigator at Supreme Court and share any advice you would like to young law students planning to join the field of litigation.

    I will not lie; initial years as a young litigating lawyer are tough. It is not a bed of roses. There is an assumption that having a legal background helps one get flooded with work. I beg to differ. Clients trust a lawyer by his own ability and more than anything else the results delivered. The best publicity in the legal profession is by word of mouth. It takes several years of hard work and consistent performance for ones practice to start developing. I have been fairly fortunate to have work coming to me from the word go. I initially joined the Chambers of Mr. Tushar Mehta, Solicitor General of India and concurrently worked as Of-Counsel to the then Mr. Arun Pednekar, Standing Counsel of Goa at Supreme Court (now Judge of the Bombay High Court.) Both my seniors were very encouraging, they helped me not only learn the tricks of the trade in terms of knowledge development and exposure but also gave me the freedom and confidence to develop my own private practice. I was advised by Mr. Soli Sorabjee who was our family friend that to survive at Supreme Court one needs appeals coming from at least two states regularly. I took these words very seriously and spent considerable amount of time developing my relations and networks in multiple Indian States including Maharashtra, Goa, Andhra Pradesh, Himachal Pradesh, Punjab, Haryana and Gujarat. Initially, I did not get much success but as time went by my work increased from all these States and now I have regular work flowing from these States. As my work started increasing, I would re-invest my earnings back in the profession by establishing my own office, dedicated team of staff and junior counsels. I believe that for optimal and sustained growth, young professionals should avoid saving money, they should re-invest what they earn back in developing their profession. For every amount invested in the profession, the profession gives back in leaps and bounds. It is important for a young lawyer to not get demotivated or dejected. The first five years in litigation are very demanding and most leave the litigation field due to lack of success. It is also important to not compare your financial growth with your peers in corporate law. The growth in litigation after initial years of struggle is multi-fold and much more than any possible increment in salary. A successful litigating lawyer is any day more well to do financially than a corporate lawyer. I also sincerely suggest young lawyers to never limit themselves to any one forum. I have been fortunate to get lot of work at Supreme Court initially but I am always open to going to other forums for work. Being a ‘Yes man’ is a mantra every young lawyer should master in relation to being open for work in other forums. It is also important to have your work coming from diversified sources. Being too dependent on one source can be very dangerous. For instance, I have not let any one source of work exceed 20% of my total work. This way even if one source of work stops, there is no devastating impact on ones work flow and income.    

    Can you share the type of work you do on a daily basis and the kind of cases you take up?

    I do a mix of commercial, corporate, criminal, service and civil litigation. I also appear on behalf of State of Madhya Pradesh and Union of India as their Counsel at Supreme Court. I also regularly appear before Hon’ble Supreme Court of India, New Delhi High Court, Bombay High Court, National Company Law Appellate Tribunal, National Company Law Tribunal, National Green Tribunal, Central Administrative Tribunal, National Consumer Forum, State Consumer Forum, Appellate Tribunal for Electricity. My area of practice broadly includes – Public & Constitutional Law, Banking law, Corporate laws, Insolvency & Bankruptcy Code, Civil and Commercial law, Energy law, Consumer and Insurance Law, White Collar crimes, Environmental law, Service and Labour law, Real Estate and Property

    Law, SEBI, Electricity laws amongst others.

    You have been in many international roles from the time you graduated-Advisory Board Member for Asian-African Chamber of Commerce and Industry, Global Peace Ambassador to India, Special Advisor to President of Afghanistan. What is the most challenging role you took up? And what is your most favourite role?

    All roles have had their share of challenges. I cannot single out one particular role, but the most unconventional role has been that of being Special Advisor to the Office of the President of Afghanistan, Ashraf Ghani. I assisted in working out a framework for the Afghan National Water Policy, focusing particularly on the international water dispute resolution mechanisms between Afghanistan and Pakistan and Iran. I also prepared a policy document on reforms to the courts and administrative system of Afghanistan adopting a comparative international approach, particularly studying the Indian, UK and American models.

    Get in touch with Aditya Bharat Manubarwala-

    Phone number- +91 98198 25338

  • The hard work you do in your senior’s office helps  a lot when you start your own practice- Yasharth Kant Srivastava, Advocate on Record, Supreme Court of India

    The hard work you do in your senior’s office helps  a lot when you start your own practice- Yasharth Kant Srivastava, Advocate on Record, Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, can you tell us a little about yourself and how you decided to pursue law as a profession?

    I am a practicing lawyer with over 10 years of experience at the bar. I completed my law degree from National law University, Lucknow  and started my career as an associate with a Senior Advocate in the Supreme Court. However, I always had a passion for advocacy and decided to switch to  independent litigation after a few years. I was drawn to law as a profession because of its ability to bring about  change in society  Moreover  I am a second generation lawyer therefore I grew up watching lawyers in my family, which actually created my interest in the field. 

    You have a vast experience of more than 10 years at the bar. Could you please share with us how your experience has been so far and some of the significant cases you have handled?

    My experience at the bar has been challenging and rewarding at the same time. Even though I come from a family of lawyers,  initially it was difficult to get your own clients , so in my early day I decided to sharpen my skills on cases allotted  by my seniors.I have had the opportunity to work on a variety of cases across different areas of law, including Constitutional Law, Criminal Law, commercial disputes, Educational and service law, and arbitration. I have been involved in many constitutional bench cases  and one of them was a 9 judges bench on tax matters. That case went on for 2 months. It was a complex case that required extensive research and preparation, but it was a great learning experience.

    The hard work you do in your senior’s office helps  a lot when you start your own practice.  

    You have dealt with cases before Constitutional benches of the Supreme Court. Can you tell us about your experience of appearing before the highest court of the country, and what is it like to argue before such benches?

    I was one part of a team of lawyers who appeared before various  Constitutional benches of the Supreme Court and it  was an exhilarating experience. When you appear before the constitutional bench , you are part  evolution  of laws which the future generation will read, However, it is also a daunting task as the stakes are high, and  as young lawyers there is a lot of  pressure ,to prepare for such cases, I spend a considerable amount of time researching and analysing the legal issues involved. We also try to anticipate the questions that the judges may ask and prepare my arguments accordingly. All this hard work helps you sharpen your  legal mind. 

    You have represented insurance companies, banks, and government departments before the Hon’ble Supreme Court. Can you talk about the challenges that you face while representing these clients, and how do you overcome them?

    Representing insurance companies, banks, and government departments can be challenging as these clients have unique requirements and expectations but it is like any other client , as they  also want results. One of the significant challenges is to balance the client’s interests with the legal and ethical obligations of a lawyer. To overcome these challenges, I ensure that I have a thorough understanding of the client’s business and objectives. I also maintain open communication with the client and keep them informed about the progress of the case . Regular updates to the clients from the lawyers is also one of the important  tasks of a lawyer.  Clients are also part of the process. 

    You have also dealt with arbitration matters, including the appointment of arbitrators through Courts. Can you tell us how you prepare for such cases and what makes them different from regular court cases?

    Arbitration matters require a different approach than regular court cases, However pre arbitration litigation is very common these days and often requires court orders ,to even get the arbitration started. Arbitration as such is considered  to be a quicker remedy to settle the dispute, but it only works if both sides want an authoritative pronouncement  , otherwise it might also become cumbersome.

    What are some of the skills that you think are essential to be a successful lawyer, and how can young lawyers develop them?

    My usual advice would be , excellent communication skills, analytical abilities, and attention to detail. But I would also add that one should also start investing in human resources. Young lawyers should start to develop genuine human relationships in life and it will help them in the long term. People should trust you as person and as lawyer both. Trust building is a very important part of litigation. Lawyers are engaged mainly because the clients trust them.

    Finally, what advice would you like to give to young law graduates who are just starting their careers and looking to establish themselves in the legal profession?

    My advice to young law graduates would be to focus on building a strong foundation in the law and developing a deep understanding of legal principles and concepts. They should also cultivate a strong work ethic, be open to learning, and seek opportunities to gain practical experience. Finally, they should always maintain high ethical standards and uphold the integrity of the legal profession.

    By practical experience I mean , they should start working like a lawyer ,even when they are  interns, don’t wait  for your degree , start early , Don’t go for short cuts in early days ,because later on you will have much lesser time in your hand. 

    Build rapport  with your teacher, seniors ,colleagues and even  boss.

    Everyone has a different journey , but your seniors can always shows you the path.

    Get in touch with Yasharth Kant Srivastava-

  • It’s paramount to have an understanding rather than mere knowledge of various Acts, as litigation is the intersection of various laws- Disha Singh, Advocate-on-Record,Supreme Court of India and Certified Mediator

    It’s paramount to have an understanding rather than mere knowledge of various Acts, as litigation is the intersection of various laws- Disha Singh, Advocate-on-Record,Supreme Court of India and Certified Mediator

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Ma’am, could you please tell us a little about your background and what led you to pursue a career in law?

    I’m a law graduate from Campus Law Centre, Faculty of Law, University of Delhi, and thereafter I’ve done my masters from Queen Mary, University of London. I’m also an advocate on record at the Supreme Court of India. The areas of my expertise include civil and commercial law, property law, writ litigation, and advisory. I represent clients and appear before the Supreme Court of India, the High Court of Delhi, and District Courts. I had a fair idea that I wanted to pursue law as a profession since my school days, and that developed further after my graduation.

    You’ve worked for various organizations as a panel advocate. Could you walk us through what you learned from each experience and how it has contributed to your overall growth as a lawyer?

    My work as an advocate and my engagement as a panel advocate of government bodies have made me appreciate the importance of the complex interaction of centre, state, and local law. I decided to pursue law because I believe that the law is a critical tool for addressing problems facing our national and immediate environments and for securing a high quality of life for the citizens of society. The work undertaken by me as a panel advocate helped me build on my background, skills, and knowledge, which propelled my growth in the legal profession.

    In my previous experience as a panel advocate, I have learned and grown due to the complexity of litigation involved in such assignments and the responsibility of representing government agencies. I would like to believe that working directly with government entities in the legal system has given me opportunities to see how the law affects real people and how it works in real time.

    Could you share with us some of the most challenging cases you’ve handled in your career so far, and how you approached them?

    The most challenging cases that stand out distinctively in my mind would be a batch of review petitions for enhancement of compensation in a land acquisition matter in the Supreme Court early on in my career. This was my first independent appearance and an opportunity to argue a case before the Supreme Court. This case gave me the confidence to draft and plead a case from its inception to its rightful conclusion. These are rare opportunities for a young lawyer, and I would like to thank my senior, Sh. S. K. Pabbi, for the same.

    You’ve also been involved in legal aid and pro bono work. Could you tell us a little bit about your experience in this area and why it’s important to you?

    I’ve worked as a panel advocate with the Delhi State Legal Services Authority for three years. This has allowed me to observe the workings of our justice delivery system and has allowed me to contribute my small bit to the better implementation of reforms that legal aid strives for. After working with legal services authorities, I have gained a fair understanding of how the various elements of the justice system operate and how essential legal aid is for fulfilling the promise of access to justice for every citizen.

    Could you walk us through your research and publications, particularly your dissertation on Drawing Adverse Inferences from the Non-Production of Evidence in International Arbitration?

    I have developed my writing and research skills as a postgraduate student while writing my dissertation. The opportunity to write my dissertation taught me the basic research skills that any legal professional must master. This experience helped me gain insights on effective research techniques and improve my writing skills, which assisted me in sculpting my drafting skills as an advocate.

    How did you approach your academic studies, and do you have any tips for aspiring law students?

    My approach has always been to understand the fundamental principles of any law instead of knowing the number of the section or the name of a certain principle. It’s paramount to have an understanding rather than mere knowledge of various Acts, as litigation is the intersection of various laws. It’s also important to develop a sense of curiosity and keep it alive as the years pass by. I would also advise law school aspirants to cultivate a healthy habit of reading.

    What advice would you give to fresh graduates who are just starting their careers in law?

    I would like to share something I read that has stuck with me as a first-generation lawyer, especially with those who want to work in litigation: “patience is not something you develop out of choice but because nothing else works.” At the risk of sounding preachy, I would advise law graduates who want to work in litigation to have perseverance and patience.

    Get in touch with Disha Singh-

  • The exposure of appearing in different courts across the country helped me gain confidence to establish my independent practice- Raghav Sabharwal, Advocate-on-Record, Supreme Court of India

    The exposure of appearing in different courts across the country helped me gain confidence to establish my independent practice- Raghav Sabharwal, Advocate-on-Record, Supreme Court of India

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Sir, please tell us how did you get interested in pursuing law as a career?

    I was always passionate about co-curricular activities during my school time. I pursued my primary and secondary education from Delhi Public School, Mathura Road where I got the opportunity to serve as the Head Boy in Junior Wing (2000-2001) as well as Senior Wing (2007-2008). Being an avid debater, I always had a knack for formulating arguments and envisioned myself as a litigating counsel. While my interest in public speaking was one of the aspects that pushed me towards studying law, the role of a lawyer as a social engineer fortified my decision of pursuing law as a career.

    Could you tell us more about your experience as a Law Researcher with Justice Hima Kohli at the Delhi High Court? What was it like to prepare briefing notes for the Hon’ble Judge on fresh matters and research on challenging legal propositions?

    I started my career in law as a Law Researcher with Justice Hima Kohli at Delhi High Court (now Judge, Supreme Court of India). It was an enriching experience to prepare briefing notes for the Hon’ble Judge on fresh matters. This helped me learn the art of reading a brief and summarizing the fulcrum of the dispute with ready reference to the relevant annexures. The experience also taught me the skills of researching on challenging legal propositions. Clerkship acted as an excellent stepping stone in my career as it offered a brilliant opportunity to observe contentious hearings and heated arguments to learn court craft and articulation.

    What motivated you to gain more exposure in high stake matters by joining J Sagar Associates (“JSA”)?

    The following two aspects motivated me to join a good law firm – (i) quality of pleadings filed by Tier – I law firms; and (ii) exposure of briefing and assisting variety of senior counsel.

    While preparing briefing notes during my clerkship, I realised the importance of pleadings which is the first element of a case that a judge peruses even before considering arguments. I could easily differentiate between the standard of pleadings drafted by reputed law firms involved in high stake matters as compared to other run of the mill matters. Also, I was always intrigued by the arguments presented by good senior counsel who were usually engaged in high stake matters. I realised that working with a law firm would provide me exposure as I would get opportunity to assist a variety of senior counsel who are experts in their respective fields of law.

    What did you learn during your time at JSA and how did it help shape your career as a lawyer?

    My stint at JSA taught me discipline, grit and perseverance. Turning around deliverables with rigorous deadlines prepared me for bringing out the best even under pressure. Associating with international clients further enhanced my personality and helped me transform into a mature professional. Furthermore, the exposure of appearing in different courts across the country helped me gain confidence to establish my independent practice.

    What inspired you to establish your independent practice, and what have been some of the most rewarding experiences so far?

    I have always been passionate about addressing arguments in Court. After a point of time, felt I was becoming too comfortable and complacent with my job at the law firm. I was striving for more opportunities to argue. The freedom to argue your own matters inspired me to establish my practice. One of the most rewarding experience is the satisfaction I see on my clients’ faces after they see me perform in Court. Recently, after achieving a favourable outcome for one of the legal aid beneficiaries, I was invited by him to visit his house and meet his family so that I could meet and inspire his children. Such instances augment my trust in the legal profession and remind me that I am on the right track.

    Could you share more about your role as an Assistant Advocate General of the State of Haryana in the Supreme Court of India?

    As an Assistant Advocate General of a state, one is required to represent the concerned State in matters that are marked to the officer. The officer is expected to be well acquainted with both civil and criminal law as the officer can be asked to represent the State in any matter where the concerned State has been impleaded. The officer is required to coordinate with the concerned department of the State Government to seek instructions and assist the Court. My responsibilities as an Assistant Advocate General included arguing matters before the Supreme Court and drafting Special Leave Petitions and counter affidavits.

    What are some of the most challenging cases you have handled in your practice, and how did you approach them?

    Each brief has its own challenges. Sometimes, a case may be straightforward but the Bench may be non-receptive. On other occasions, the opposite counsel may create unexpected hurdles in a matter which is otherwise not complicated.

    Some of the challenging cases that I have handled include the landmark decision of Maharashtra Seemless Limited v Padmanabhan Venkatesh & Ors., reported as (2020) 11 SCC 467. I also appeared before Supreme Court in a landmark matter titled Aruna Oswal v Pankaj Oswal & Ors., reported as (2020) 8 SCC 79 involving interpretation of law of nomination under Companies Act, 2013 vis-à-vis law of intestate succession.

    I have also represented a person with benchmark disability  in a service matter before the Delhi High Court and Central Administrative Tribunal. I argued for securing his preferred post on the principles of non-discrimination and reasonable accommodation enshrined in the Rights of Person with Disabilities Act, 2016.

    My Approach

    1. Prepare a narrative, storyline of the matter and plug loopholes, if any.
    2. Become the Devil’s Advocate and identify all ostensible arguments of the opposite side.
    3. Present the matter before the Judge with a simple and logical approach. All courts appreciate brevity.
    4. Up to date background research on the Judge who will be hearing the matter and judge’s approach in similar situations.
    5. Understand the pulse of the Court which is very important during a hearing.
    6. Prepare flexible strategies basis mood of the Court. Most of the urgent reliefs sought before a Court are discretionary. The art of articulation and persuasiveness to convince the Judge in passing a favorable order is the most important.

    Could you talk about your experience representing various corporate, government departments, and financial institutions, and how do you balance the interests of these different clients?

    You need to be versatile. Each client has a different way of dealing. Corporates expect you to be responsive so that they are updated with each development in their matter. However, government departments do not encourage too much hand holding. For me, all matters are equally important and I try to distribute my time basis the nature of the brief irrespective of the nature of client. I strictly adhere to professional ethics and do not engage in any manner in a matter where I may be conflicted.

    Lastly, what advice would you give to aspiring lawyers looking to build a successful career in litigation and dispute resolution?

    While pursuing a career in law, you always remain a student as there is so much to learn. One must continue learning throughout their life and accept new ideas. I urge the budding lawyers to have a clear vision and plan their actions accordingly. There is no substitute to hard work and no shortcut to success.

    In my view, the skills and qualities which a lawyer must possess to excel in his career can be derived from the word “Success” itself :-

    S     – Steadiness (balanced approach and focus)

    U – Unbridled hard-work

    C – Confidence

    C – Command over language

    E – Eagerness to learn more

    S – Sincerity

    S – Socially active

    Get in touch with Raghav Sabharwal-

  • My advice to anyone starting out in the legal profession is to keep an open mind and be willing to learn and adapt-

    My advice to anyone starting out in the legal profession is to keep an open mind and be willing to learn and adapt-

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

      

    Ma’am, to start this conversation, could you please tell us a little bit about your background and how you became interested in law?

    Well, to be honest, I didn’t always know that I wanted to be a lawyer. In fact, when I was younger, I had aspirations of becoming a doctor, just like my late father. However, when I was in my teens, Delhi was witnessing some  trials- such as the Priyadarshini Mattoo case, Jessica Lal case- which  were being widely reported. The the strategy developed by the lawyers in those cases, coupled with their past experience were the subject of media attention. I was fascinated by how small legal points, which the common man was not even aware of, could be used for or against them when they found themselves in the middle of a legal trial. I used to diligently read up all reports on such trials and gradually, my interest in the world of law grew, and I decided to pursue it as a career.

    You have worked on some high-profile cases in the past, such as the Ayodhya dispute and the Triple Talaq matter. Can you talk about what it was like to work on these cases and the impact they had on you personally?

    Those were definitely some challenging cases, but also very rewarding ones. Working on such high-profile cases was an incredible learning experience, and it taught me a lot about myself, my abilities, and the legal profession as a whole. Personally, it was a great feeling to be a part of these landmark cases that had such a significant impact on Indian society. These matters involved important constitutional questions and when one is assisting a counsel before the Hon’ble Constitution bench, you have to make sure to deliver your best work, and the judges are always so well prepared and one has to be ready for all kinds of questions. It therefore takes a lot of time to focus and prepare for these hearings. In fact, when I was working on the Ayodhya matter, I had not imagined that the regular hearing will start in the month of July 2019 (as the matter had been adjourned several times before) and I was actually scheduled to get engaged in that month. However, once the hearing dates were fixed by the Hon’ble Court, everything had to take a backseat and I decided to postpone my engagement. I think for any lawyer it is a lifetime opportunity to assist the stalwarts who have appeared in these matters, and while giving your best shot, you also get to learn so much just by being around them.

    You have experience in litigation, arbitration, and corporate law. Which of these areas do you enjoy working in the most and why?

    Well, I enjoy all of them for different reasons. Litigation is exciting because you get to argue your case in front of a judge and put your legal skills to the test. Arbitration allows for a more collaborative approach to dispute resolution, which I find fascinating. And corporate law is great because you get to work with companies and help them navigate the legal complexities of running a business. So, it really depends on the situation and the client. But if I had to choose, I would say litigation is what I enjoy the most. There’s something incredibly exhilarating about standing before a judge and arguing your case. Plus, every case is unique and presents its own set of challenges, which keeps things interesting.  

    What do you think are the most important skills for a successful lawyer to have?

    There are many skills that are important for a successful lawyer to have, but I would say that  the most important one is willingness to put in the hard work- one needs to read every paper, each word- several times, this is absolutely non-negotiable. Other important skills are attention to detail, good communication skills, and the ability to think on your feet are some of the most important. In addition, being able to empathize with your clients and understand their needs is crucial in building trust and creating a successful attorney-client relationship.

    Can you talk about a particularly challenging case you worked on and how you overcame the challenges you faced?

    One of the most challenging cases I worked on was the Ayodhya matter, wherein so many issues arose for the first time, such as whether idol is a perpetual minor?. When I am faced with complex legal issues, I try to read all literature which is remotely connected to it, be it from India or outside, it usually gives me the answer directly or at other times equips me to navigate the issue.

    In my day to day practice, I find the cases concerning medical negligence really challenging as they require a deep understanding of medical terminology and it requires a lot of research to build a strong case. But, I have been fortunate enough to have a team of experienced doctors who  have graciously helped me in understanding the medical aspects of such cases. Through their guidance, I have been able to build a strong arguments and perform in this niche area.

    How has the legal profession in India changed since you began practicing law, and what do you see as the biggest challenges facing the profession today?

    When I first started practicing law, I noticed that there was a lot of resistance to change, especially when it came to adapting to new technologies and working remotely. However, the pandemic has forced everyone to embrace remote work and virtual proceedings, and I believe this has opened up new opportunities for the legal profession to become more accessible and efficient.

    The biggest challenge facing the profession today is the lack of diversity and inclusion. We still have a long way to go in terms of increasing representation of marginalized communities and women in leadership roles, especially in the judiciary. When I started out, we used to only see 1-2 women judges in the Supreme Court, however things have definitely improved and I have been fortunate enough to witness so many women judges, including 4 of them at the same time in the Supreme Court. However, I am waiting for the day when this ratio is equal and of course, eagerly waiting for a female Chief Justice of India. I think all of us, as officers of the court need to actively work towards creating more inclusive and diverse environments, not only to improve representation but also to bring in fresh perspectives and ideas. 

    You have experience working as an independent legal practitioner as well as an associate at a law firm. What are the main differences between these two roles, and which do you prefer?

    The main difference between being an independent legal practitioner and working at a law firm is the level of autonomy you have. As an independent practitioner, you have the freedom to choose your own clients and cases, and you have complete control over your schedule and work style. On the other hand, working at a law firm can provide you with more resources, support,  sustained income and opportunities to work on high-profile cases.

    Personally, I enjoy the flexibility of being an independent practitioner, but I also appreciate the collaborative and supportive environment that law firms can provide. It really depends on your individual work style and goals.

    As a woman working in the legal profession, have you faced any difficulties or challenges that your male counterparts have not? If so, can you tell us about those challenges and how you overcame them?

    Yes, as a woman in the legal profession, I have faced some unique challenges, such as gender bias, microaggressions, and sometimes being underestimated by my clients and peers. It can be frustrating to feel like you have to work harder to prove yourself, but I’ve learned to channel that frustration into motivation and dedication to my work. In fact, I feel that these people really pushed me to become more thorough with my brief and ultimately contributed to my growth. Over the time, when these clients saw my work, they also reposed faith in my capabilities as a lawyer.

    Lastly, what advice would you give to someone who is considering a career in law, particularly someone who is just starting out?

    My advice to anyone starting out in the legal profession is to keep an open mind and be willing to learn and adapt. The legal profession is constantly evolving, and it’s important to stay up to date on new developments and technologies. Additionally, don’t be afraid to take on new challenges and try different areas of law to find what you’re passionate about. Further, put in as much work as you can, in this profession, it is very difficult to survive without putting in the work and once you find something that you have a passion for, hard-work will not feel nearly as dreadful. Lastly, always strive to maintain high standards of professionalism, ethics, and integrity in all your work. The legal profession is a noble one, and it’s important to uphold its values and principles.

    Get in touch with Akriti Chaubey-

  • It takes a mixture of interest, skill, experience, and diligent work to succeed in commercial litigation- Anuja Pethia, Former Civil Servant, Government of India ,Advocate on Record, Supreme Court of India

    It takes a mixture of interest, skill, experience, and diligent work to succeed in commercial litigation- Anuja Pethia, Former Civil Servant, Government of India ,Advocate on Record, Supreme Court of India

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Ma’am, could you please share with us how you began your career in law, and what motivated you to pursue this profession?

    I completed my B.A.LL.B. degree from National Law Institute University, Bhopal in 2013 and enrolled as an advocate in the same year. Propelled by my keen interest in International Criminal Law, I pursued my LL.M in International Crime and Justice from United Nations Interregional Crime and Justice Research Institute and Università degli Studi di Torino, Italy in the year 2014.

    Immediately after returning to India, I cleared the All India Civil Services Examination in  2015. My position thereafter provided me with great exposure. I took the charge of Assistant Director, Office of Regional Director (North Zone), Ministry of Corporate Affairs, New Delhi for two fulfilling years. Since December 2018, I have been pursuing my career in law as a Legal Practitioner and as the co-founder of Pethia and Shergill Law Offices which is now being rebranded as Swarnim Partners and Associates.

    My passion for social justice and litigation were the main factors that motivated me to pursue law as a career. As I was pursuing my B.A.LL.B., I witnessed workplace inequalities, social inequality, and injustice. It ignited a strong desire in me to make a difference in people’s lives by being there for them to fight for their rights. I also had a keen interest in the Indian legal system and its workings, which further fuelled my decision to pursue a career in law.   

    As an advocate on record at the Supreme Court of India, and a registered advocate with the Bar Council of Madhya Pradesh, could you tell us what it takes to become a successful advocate in India’s legal system?

    I’m a panel lawyer for the State of Madhya Pradesh before the Supreme Court of India since 2020 and qualified for the Advocate-on-record exam in the year July 2022. To become a successful advocate in India’s legal system, I feel that, one must have a strong foundation in legal knowledge. It is important to continually learn and evolve in this profession. If you are first generation lawyer, then you also need a lot of patience because it takes time to start getting your own clients. Till that time, one must try to gain as much practical knowledge of law as possible.

    From my personal experience, I have observed that the kind of exposure my LL.M. degree gave me is immeasurable. After that, I cleared the AOR exam, and preparing for it again was an evolutionary process. Every exam’s preparation will always give you something in return.

    Moreover, excellent communication and analytical skills are also two significant requirements for a successful litigation career. It is also essential to stay up-to-date with the latest developments in the field of law. In addition to that, I believe that one of the most important traits of a successful lawyer is to build a good rapport with clients and to empathetically understand their needs and objectives. Additionally, networking within your profession also plays an important role in building a successful career.     

    You ranked 593 in the UPSC Civil Services Exam in 2015 on your first attempt. How did you prepare for this exam, and how has your experience in the Indian Corporate Law Service informed your current work as an advocate?

    My preparation for the UPSC Civil Services Exam involved a lot of hard work, strategic planning, and dedication. I studied by dividing hours each day systematically and focused on improving my knowledge in new areas. I also took several mock tests to help me better understand the format of the exam and to build my confidence.

    Taking the charge of Assistant Director, Office of Regional Director (North Zone), Ministry of Corporate Affairs, New Delhi has played an invaluable role in my independent litigation practice and also in co-founding my firm. It not only invoked my interest in corporate law but also enhanced my knowledge and understanding of the same. The profound experience helped me to advise my clients better on matters related to corporate law and IBC. Additional capabilities cultivated during my tenure as a civil servant such as strong analytical and problem-solving skills have also proven to be useful in my litigation practice.

    You have extensive experience in commercial litigation, including representing private and government. Could you speak to the challenges of working in this area of law and how you approach them?

    There are various challenges in commercial litigation. If I have to name a few, then the complexity of cases and voluminous documentation involved. To overcome voluminous documentation, I have adopted a meticulous and organized approach to document management. The shift towards electronic gadgets has also been a saviour in this regard. The complexity of the case is not a challenge per se, but it requires a deep understanding and interest in the subject to bring out fruitful results for your clients.

    Additionally, maintaining transparency with clients by regularly updating them on the progress of the case, and providing them a realistic assessment of the case’s potential outcome also helps in dealing with the complexities issue. Ultimately, it takes a mixture of interest, skill, experience, and diligent work to succeed in commercial litigation.        

    In addition to your work in law, you have also served as a member of several internal complaints committees established under the Sexual Harassment at Workplace Act. What inspired you to take on this role, and what lessons have you learned from it?

    As someone who strongly believes in ensuring safe and equitable workplaces for all women, I was inspired to take on the role of serving as the Independent External Member on the Internal Complaints Committees of the Lok Sabha Secretariat, Parliament of India, Swarovski India Private Limited, Cvent India Private Limited. Through my work on these committees, I have learned that creating a safe and supportive environment for women to report incidents of sexual harassment is crucial in preventing and addressing these issues in the workplace. With my keen interest in workplace equality, I have also founded an organization namely Equalplus. The sole purpose of this organization is to ensure workplace equality.

    It is of paramount importance to approach every complaint of sexual harassment with the utmost sensitivity, empathy, and dedication to deal with a complaint with impartiality and fairness. At the same time, it is also about protecting the rights of the respondent as well. This role  has strengthened my belief in the requirement for constant efforts to raise awareness and educate the public at large about the seminal importance of preventing sexual harassment at workplace.     

    You hold an LL.M. in International Criminal Law, which you earned from the United Nations Inter-Regional Crime and Justice Institute and Universitá Degli di Torino, Italy. How has this advanced degree influenced your legal practice, and what are some of the key takeaways you gained from your studies?

    Having pursued my LL.M. in International Crime and Justice, I have been able to enhance my knowledge of criminal law beyond the domestic Indian legal system. It helped me understand the relevance of comparative studies and understanding the other prevalent criminal justice systems around the world. The degree has also given me a much deeper knowledge of international criminal law.  

    Having a broader understanding of other nations’ judicial systems has also made me better understand the domestic Indian justice system, and has helped me represent my clients with a strategic approach domestically.  

    Overall, my LL.M. from United Nations Interregional Crime and Justice Research Institute and Università degli Studi di Torino, Italy has helped me to become a more well-rounded and informed advocate and has given me the tools to approach legal issues from a more nuanced perspective. As I have mentioned earlier, the legal profession is ever evolving and the only way to survive in this profession is to learn and expand your knowledge.  

    You have published several articles on legal topics, including “To Bail or Not to Bail?” and “In the Light of Growing Prison Population Should We Look for Alternatives to Imprisonment?” What inspired you to begin writing about the law, and what message do you hope to convey through your work?

    The legal profession is not just about practicing law, it is more than that.  It is an ever-growing process to learn. It is very important to share your thoughts and views with the public at large and then have a critical analysis of your thoughts from others. This is one of the best ways to grow and learn.

    My articles reflect my insights on the issues related to reluctance in granting bail, overburdening the already overburdened jails by non-strategical imprisonment, and my thoughts on alternatives to imprisonment.

    The reluctance of granting bail to the accused is an issue that has recently been pointed out by the Hon’ble CJI D.Y. Chandrachud as well. As a progressive nation with an independent judiciary that believes in the idea of transformative constitutionalism, there is a need to have an effective change in the criminal justice system to make provisions regarding the alternatives to imprisonment.  Through my writing, I hope to encourage meaningful conversations about these important topics and promote reforms that can lead to a more just criminal justice system.

    As a member of various complaints committees, you have likely seen how the law impacts people’s everyday lives in profound ways. What do you believe are some of the most pressing legal issues facing India today, and how do you think they can best be addressed?

    Working in several complaints committees has given me the exposure to see first-hand how the law leaves an impression on people’s lives in remarkable ways. I believe the most pressing legal issues which India is facing today are, the lack of equal access to justice for all, the lacunas in our justice system, being less vocal and active in addressing gender-based violence and discrimination, and the inability to protect and defend the rights of marginalized communities.     

    The best way to address these challenges is to promote legal literacy and awareness. This can be done with the help of various law schools in India, and by enhancing the efficiency of our justice system by being more alert on the issues related to corruption. It is important to work towards creating an environment that is more inclusive to protect the rights of everybody. Additionally, efforts must be made to address the root causes of social and economic inequality, which can exacerbate legal problems for marginalized communities.

    Lastly, what advice would you like to give to all the law graduates who are at the beginning of their careers?

    As a legal professional with several years of experience, I would advise young law graduates to continually strive to expand their knowledge base. Since the field is constantly evolving, it is imperative to stay up to date with the latest developments.

    Another significant piece of advice for young lawyers is to be patient in their quest to have an independent legal career. By expecting success overnight in this challenging field, they set themselves up for disappointment. However, through persistent efforts and dedication, they can achieve their goals and make a lasting positive impact on society.

    Get in touch with Anuja Pethia-

  • All areas of law and equally thrilling as they are collectively required to maintain order in the society- Namit Saxena, Advocate on Record at Supreme Court of India

    All areas of law and equally thrilling as they are collectively required to maintain order in the society- Namit Saxena, Advocate on Record at Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, please tell us about the person you thought you would become when you reach your current age.

     There is no person as such whom I thought I would become at my age. Professionally speaking, there are senior advocates from whom all young lawyers derive inspiration at different times. I also derived inspiration from senior colleagues at bar.

    Please enlighten our audience about effectively preparing for AOR examination. 

     The AOR examination comprises of 4 subjective question papers of 100 marks each. To clear the exam, the aspirant needs to secure atleast 20 marks (60%) in aggregate and atleast 50 marks in individual papers. The papers are – Practice & procedure of the Supreme Court, Drafting, Leading Cases and Professional Ethics. There is a well defined syllabus including a readily available list of leading cases for that paper. The exam is going to be conducted in June 2023 now. I had prepared a short course with Eastern Book Company (EBC) on this which is available here – https://www.ebcwebstore.com/product_info.php?products_id=99097675&trk_bn=1

    We would like to know more about your experience as Law Clerk cum research assistant to Hon’ble Mr. Justice Kurian Joseph.

     It was an enriching experience with Justice Kurian Joseph. I was selected as a Law Clerk cum research assistant in 2013 and was attached with him for an year. He was my first professional mentor. There was so much to learn from him not only on law but spirituality as well. We worked on important matters particularly the coal block allocation scam case. I wrote an article on his superannuation which can be read here – https://www.livelaw.in/passionate-and-compassionate-justice-kurian-joseph/.

    Having a good experience in the area of research, please give our audience few tips in order to conduct effective research. 

    Always look for the primary source. For example, if you are researching on a particular point of law and in your commentary or journal you find a reference of a particular judgment, locate that judgment and read it. Then follow up with judgments which have followed it or distinguished it and update yourself with the latest law on the subject.

    Please enlighten us about the area of practice you like the most.

    All areas of law and equally thrilling as they are collectively required to maintain order in the society. I practice more on the criminal side.

    Lastly, could you please give a piece of advice to the legal professionals who are in the initial years of their legal journey?

     I can only advise on colleagues who are starting their respective journeys in the field of litigation. Focus on observing senior members of the bar and try to learn how do they present a case. Learn filing work from the clerk in the chamber you are associated with. Keep a diary with you and keep making short notes and keep visiting them once in a while. Keep yourself engaged with a sport. Initial few years are taxing, treat your mentor’s matters as your own and always compete with yourself. Don’t compare yourself with anyone.

    Get in touch with Namit Saxena-

  • It is very crucial for a lawyer to have a reasonable understanding of workings of court(s) of first instance, especially procedural law(s)- Satyam Thareja, Founding Partner, TNC, Advocate-on-Record at Supreme Court of India

    It is very crucial for a lawyer to have a reasonable understanding of workings of court(s) of first instance, especially procedural law(s)- Satyam Thareja, Founding Partner, TNC, Advocate-on-Record at Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    To start this conversation, please tell us about your decision to pursue law.

    I finished schooling in 2007, not so long after my father’s retirement from judicial service and right after enrolment of my brother with Bar Council of Delhi. I got to see both of them in invigorating discussions over nitty-gritties of law. This influenced me considerably in making my mind to pursue law. Also, I realised that graduation in law can be foundation for various vocations.

    Can you tell us about your experience as a Law-Clerk-cum-Research Assistant in Supreme Court of India? How did this experience shape your career in law?

    In 2012, few month before my graduation from National Law University, Jodhpur, I got the opportunity to intern with Retd. Justice Dalveer Bhandari, Former Judge of Supreme Court of India. This experience encouraged me to seek engagement as a Law Clerk-cum-Research Assistant. At that time, Supreme Court of India conducted interviews for selection to pool of graduates for post of Law Clerk-cum-Research Assistant. After I was selected, I got assigned to the office of Retd. Justice RM Lodha, Former Chief Justice of India. He was a very hard task-master and very disciplined. However, he was very kind to allow me to pursue LL.M. while working in his office. My experience as a Law Clerk-cum-Research Assistant enabled me to have a better understanding of jurisdictions of different court(s) and tribunal(s) as paper-book filed in Supreme Court of India are comprehensive vis-à-vis question of law / issue. After my term as Law Clerk-cum-Research Assistant got over, I got the opportunity to work as an associate in office of Mr. Sidharth Luthra, Senior Advocate & Former Addl. Solicitor General of India.

    What inspired you to start independent practice and focus on trial court work?

    I got to learn a great deal about working of superior courts in office of Mr. Sidharth Luthra, Senior Advocate. During my time at his office, I realised that when one is young in the profession, judges, senior members of bar & court staff accommodate & condone mistakes to enable a learning curve. However, similar treatment is not easily offered to someone who has some experience at the bar.

    Over the period of more than 7 years, since I have been independently practicing, I have made my own set of mistakes and I have learned from them. A large part of my learning curve, in trial court, is influenced by my stint as panel lawyer for Magisterial Courts with Delhi State Legal Services Authority and by rendering assistance to my father with his work.

    In my opinion, it is very crucial for a lawyer to have a reasonable understanding of workings of court(s) of first instance, especially procedural law(s). It also helps in having a better understanding of the legal issues while working in appellate courts.

    Would you share a cross-examination technique or approach?

    I do not think that art of cross-examination can be taught. It is developed organically by every lawyer through his / her own experiences.

    I have garnered some experience to identify certain crucial concepts. For example, I have seen many witnesses falling prey to confirmation bias. As a lawyer, while doing cross-examination, it is imperative to identify the potential confirmation bias in the testimony of witness and exploit it to raise doubts on credibility of testimony of the witness

    In 2020, you got enrolled in the Supreme Court of India as an Advocate-on-Record. Why did you choose to enrol since you focused on trial court work?

    While working in trial court, I got many indigent clients whose case had merit for them to be argued before superior courts. I could continue providing legal services in the High Court of Delhi but not in Supreme Court of India since I could not do filing there. I got enrolled as an Advocate-on-Record to become eligible to file and pursue such matters before the Supreme Court of India which, in my opinion, need consideration qua individual right of such litigant or have a larger impact.

    Can you tell us about a particularly challenging case you worked on and how you overcame the challenge?

    One of the challenging cases I got to work upon was a medico negligence case. I represented the interest of complainant who, who was otherwise suffering from a terminal / chronic illness, having been advised for a particular surgery, had undergone surgery which did not have a favourable outcome. The complainant chose to contest the matter before State Consumer Commission asserting medical negligence against the surgeon / doctor and the hospital. During the pendency of the matter, upon order of State Consumer Commission, an opinion of medical board from a reputed hospital was taken which recorded that there was no medical negligence. However, eventually, the State Consumer Commission declined jurisdiction as compensation sought was beyond its pecuniary jurisdiction.

    Thereafter, complainant approached me to pursue the matter before National Consumer Disputes Redressal Commission. Upon seeing the file, I advised the complainant to pursue the complaint before the National Consumer Disputes Redressal Commission on the grounds of lack of informed consent and deficiency in service as complainants’ consent form was a standardised pre-printed form. The National Consumer Disputes Redressal Commission, in its judgment, though dismissed the complaint but acknowledged that the usage of pre-printed forms for consent, by the hospital, was administrative arbitrariness and one-sided high handedness and imposed heavy cost on the hospital.

    You have also worked on notable cases such as Rajesh Tyagi v. Jaibir Singh, FAO No. 842 / 2003 before Hon’ble High Court of Delhi. Can you tell us about it?

    The Hon’ble High Court of Delhi in matter titled Rajesh Tyagi v. Jaibir Singh, FAO No. 842 / 2003, dealt with procedural issues faced by Motor Accident Claims Tribunal(s) having jurisdiction in Delhi. The Hon’ble High Court of Delhi directed for Modified Claims Tribunal Agreed Procedure to be followed by all Motor Accident Claims Tribunal(s) which are subordinate to Hon’ble High Court of Delhi and for filing of Detailed Accident Report by investigation agency before concerned Motor Accident Claims Tribunal. These directions have alleviated a large number of concerns faced by Motor Accident Claims Tribunal(s) such as irregular averments in claim petitions, delay in production of documents like proof of income, investigation documents, insurance documents etc., time consumed qua first appearance of parties etc. This has, consequently, resulted in reduction of time span between the date of incident / accident and passing of award.

    I got involved in this matter as an associate to Mr. Sidharth Luthra, Senior Advocate who was appointed as an Amicus Curiae. However, after lapse of some time, I got the opportunity to assist the Hon’ble High Court of Delhi in my own capacity.

    Get in touch with Satyam Thareja-