Super Lawyer

Category: Courtroom Falcons

  • “Play the devil’s advocate and ask yourself the most difficult and uncomfortable questions that the opposing counsel may ask your client in court”- Aastha Chadha, Advocate.

    “Play the devil’s advocate and ask yourself the most difficult and uncomfortable questions that the opposing counsel may ask your client in court”- Aastha Chadha, Advocate.

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

    What motivated you to choose law as a career? And how has been the journey so far for you?

    My grandfather was an eminent criminal lawyer and as a kid, my favourite place in the house was his residence office. So, although my exposure to the legal field was since childhood it was not the profession I had planned to join. After 12th I was preparing for my CA entrance and one of the subjects in the entrance exam was law. That was the first time I studied law as a subject and I fell in love with it. This is when I decided to pursue a law degree and later I went on to do my Master of Laws. My journey as a lawyer has been extremely enriching and rewarding. This profession has taught me discipline and made me a better listener which is really helpful in understanding constraints and offering the best possible solution within the constraints. It has taught me to take risks and once the risk has been taken, to pull it through with sheer hard work. 

    What were the challenges that you faced at the beginning of your career?

    The challenges I faced as a new lawyer while working as an associate for a firm were the same as everyone else; getting a meagre salary, working unearthly hours, not getting enough opportunities in court etc. However, in hindsight, it was a huge learning experience. Yet the real challenges started when I went independent. Starting your own practice is like moving out of the protective environment of your parental home for the first time and being left alone on the long road of life. You have to do everything starting from getting a new client, doing clerical work, and troubleshooting of all kinds totally by yourself and still present a confident, untiring demeanor to the outside world. Overall, a fight for survival.

    What is the most challenging case you have handled in litigation and what were your learnings out of it? 

    Matters both civil and criminal where the parties are related to each other are challenging to the extent that emotions override the brain and balancing the two is a continuous exercise. At times one party goes all out to wash the dirty linen in public while the other despite the litigation is more guarded in sharing the dirtier truth.

    Among various matters, what brings you the most challenging set of situations and how do you overcome them?

    Every individual case comes with its own set of challenges. But, if I have to generalize then I would say that there are different challenges associated with different fields of law. The risk of arrest/imprisonment in Criminal matters, and the overriding emotions in matrimonial matters are some of the challenges. Whatsoever the challenge may be, the only way to overcome any challenge is preparation. Preparation done in peacetime saves blood during wartime. So, the way is to take a bird’s eye view and then start work at the grass root level. Sit with your client, ask questions, and ask your client for both favourable and unfavourable evidence. Play the devil’s advocate and ask yourself the most difficult and uncomfortable questions that the opposing counsel may ask your client in court. 

    How do you ensure that your clients receive the best possible outcome? 

    The first and foremost thing is that I fully educate the client on the legal aspects so that we arrive at a common wavelength. A well-informed client is always better and I encourage him to challenge my point of view and ask the right questions. I always try to give the client a true and realistic picture. Once the client is aligned, we work out a strategy best suited for the case and execute the same. 

    Do you think the privacy protocols that were there long ago are not there now because these recordings of judges in the courtroom have been going viral lately?

    Important cases were making newspaper headlines even before digitalisation and virtual courts. I truly feel that privacy goes for a toss as soon as a matter goes to court. A person’s name gets undue adverse publicity as soon as one gets accused or a private matter reaches the court. The media trial begins much ahead of the judicial trial. An innocent person wrongly accused gets socially maligned all through the case even though he is ultimately acquitted of all charges. However, I also believe that the live streaming of court proceedings has made legal awareness accessible to lawyers, law students and even litigants and some short videos edited to sensationalise an otherwise educative court proceeding should not stop this wonderful endeavour of various courts.

    How useful do you think the idea of Metaverse would be in the legal industry?

    Like any other technology, it will change the way people think and behave. So, it will surely change the way the legal industry functions. It is a powerful tool which has the capability of changing the day-to-day working of the legal industry. The internet changed the world, the metaverse is much more immersive and collaborative, and it will surely open a floodgate of opportunities for legal professionals from contracts to copyright laws, cyber laws, and even estate planning. 

    What are your thoughts on the data protection bill, 2022 that arrived a few weeks ago?

    I feel that data privacy breach is one of the biggest concerns rather a threat that the world is currently facing and with our increased dependence on technology it is just the beginning. Therefore, I feel that the bill is definitely needed to curb the blatant misuse of the power the technology companies have over their users. Yet, I do have reservations about the exemptions given to the government and state agencies concerning the same. 

    You have been very vocal about Hindu Succession Act,1956 being patriarchal, why do you think so?

    Succession as a concept is extremely patriarchal. In India, Succession takes place according to the personal laws by which the person is governed. One such legislation that governs the majority of the population in India is the Hindu Succession Act,1956. While the Hindu Succession Act was enacted to make the law of succession more equal and while all of us celebrated when daughters finally got equal rights in the coparcenary property of a Hindu Undivided Family but there are still many changes that the law requires. There is a positive change in the way a woman gets her inheritance but no change in the way the woman gives her inheritance. With the evolution of society and women being earning members creating their own Estate, the inheritance law needs to evolve and not discriminate between the heirs of a man and a woman. Although equal rights of inheritance to daughters is surely a step towards equality, true equality in law and society can and will only be achieved when parents of women are also treated equally to the parents of a man. 

    What are the hurdles you have faced being a woman in the legal profession and what changes do you think have taken place in favour of women lawyers over the years? Also what message would you like to give to all the women who are struggling in their initial years as lawyers?

    The biggest hurdle that all women who want to become advocates face is the mental block that “Litigation is not for women”. I don’t know how many times I have heard this statement despite coming from a family of lawyers. Infrastructural shortfalls like lack of proper washrooms, etc., and not having enough women court staff are small but crucial hurdles that women face every day in Litigation. These problems become more prominent in courts outside Delhi. Also, a common mindset where there is a distinction between advocate and lady advocate or woman advocate. Although the term advocate is a gender-neutral term but somehow the term used for women is lady advocate and this is not just a spoken difference but the way your work is received. It takes a lot of victories to establish yourself.

    One pleasant change nowadays is that there are so many intelligent and hardworking women joining litigation and I am hopeful that the new generation of lawyers will have more women role models as seniors and designated senior advocates and hopefully advocate will become a gender-neutral term not just on paper but in reality.

    The only message I have for young lawyers in their initial years is do your job extremely well and close your ears to nay-sayers who say that you cannot make it in litigation for any reason one of which is if you are a woman.

    A lawyer sometimes is expected to do work apart from legal functions as well, what are your views on the same?

    Running a legal practice is like running a business where we have to do our marketing, networking, and administrative work apart from the core legal domain.  Also, there are times when the client’s expectations are beyond the legal domain. Therefore, in every assignment, both parties have different expectations and managing the expectations and being on the same page is critical. The mandate needs to be clear, unambiguous, written and signed by both parties. If any assignment over and above the mandate needs to be performed the same should be treated as a separate assignment and should be agreed to by the lawyer only if it is within the legal domain. 

    According to you, what networking strategies should be adopted by the first-generation lawyers specifically in corporate?

    Networking is essential for every lawyer irrespective of whether they are corporate lawyers or litigation lawyers.

    Lawyers not being allowed to advertise their work or solicit clients, referral is the only way to get work. Thus, reach out to as many people as possible so that your existence is known. Networking is a continuous process with no boundaries and is constantly evolving. I think in today’s time

    LinkedIn is a great platform where you can network with anyone across the globe. I have got clients through LinkedIn and also hired local counsels for outstation matters through this wonderful medium. 

    Other than LinkedIn, conventional tools include conferences,events, bar rooms, and social gatherings.

     Lastly, any 3 best pieces of advice for our young lawyers? 

    Firstly, Always read the bare act before reading any opinion on a pieceof legislation.

    Secondly, never go to court unprepared. Even if you have to take an adjournment you should know the file inside out. 

    And lastly, always adhere to the profession’s decorum, you never know who all are observing you. The best of opportunities very often come unannounced. 

    Any additional message that you would like to give to all the women who are struggling in their initial years as lawyers?

    The only advice apart from the advice above that I have for women in litigation is just don’t listen to people who say litigation is not for women and prove them wrong one victory at a time.

    Get in touch with Aastha Chadha-

  • In Conversation With: Ananth Kini, Advocate practicing at the Supreme Court of India, with over 17 publications to his credit and stellar Academic records.

    In Conversation With: Ananth Kini, Advocate practicing at the Supreme Court of India, with over 17 publications to his credit and stellar Academic records.

    This interview has been published by Sonali Parashar, Ojuswi Sahay, and the SuperLawyer Team

    What motivated you to make a career in law? How would you describe your professional journey up until now?

    I would say that studying law was a natural choice for me, and I find nothing that is more interesting, captivating and easier for me than law. Having studied law for the last 8-9 years of my life, I can confidently say that choosing law as my career has been the best decision of my life to date and I have never found laws to be complicated as such but just pure common sense.

    If you believe in what you are doing, then you will find your work to be interesting; as it has been rightly said by Steve Jobs that ‘…Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do. If you haven’t found it yet, keep looking….’

    As far as my professional journey is concerned, I would say that I had to work very hard to understand the nitty-gritty of the laws, court procedures, principles of legal drafting, the art of advocacy, the jurisdiction of courts/tribunals etc. One has to work hard initially to understand the laws but it gets easier with time once you know the basics. 

    You have excelled in your academics throughout your career and also were a rank holder in your LLB and Graduation. What would you say were the factors that helped you excel in academics, especially while pursuing law?

    I had more than 90% attendance in each semester of my college and rarely used to miss classes. I used to pay attention to whatever the professor was teaching and make notes. I never left anything to the last moment, a practice that I follow even today, and I used to study for all the exams well before the exam date. On the day before the exams, I only used to revise and think about how I could somehow improve my answers.

    I focused more on writing as many cases as I could and on correctly writing the provisions of the laws; all this was only possible because I revised multiple times before the exams. I was confident that I had learnt it and focused on keywords while reading anything new. I used to read many different books and xerox the relevant parts to prepare my answers.

    As this required a lot of effort and time, therefore I used to begin my preparation around one month before the first-semester exam and increased my hours of studying as the exams approached. Also, starting early gave me the advantage of clarifying my doubts to the concerned professor and I never left anything to luck; I always gave the exams by reading almost the entire syllabus, so that even if the question paper was difficult, I could answer them.

    I always focused on writing the answers supported by case laws, sections and notes of that teacher and never missed answering any of the questions in my exams during my college days; I used to allocate a specific time frame for answering each question and then used to move on to the next question on completion of the allotted time frame.

    Out of the wide spectrum of internships you did in college (Shardul Amarchand Mangaldas, NCRB, Ministry of law and Justice, Kochhar and Co etc), which one of them was the most enriching experience? What should be the three things one should keep in mind while choosing an Internship?

    My internships at the Chamber of Adv. Murari Tiwari Sir and Chamber of Adv. Rajesh Yadav Sir was the most enriching for me. 

    Murari Tiwari Sir and Tripurari Tiwari Sir are both very polite, helpful and friendly, and they used to make sure that all the interns in their office learned something new each day; I was given case files which I had to read, and after that, Sir used to ask me as to what I understood from the case and after that guide me as to the facts of the case and laws applicable thereof. Despite Murari Tiwari Sir and Tripurari Tiwari Sir being very busy with their work, they always kept some time aside each day for their interns. 

    My internship at the Chamber of Adv. Rajesh Yadav Sir was also very enriching. I learned a lot under his able guidance, and Sir used to teach me about the intricacies of court procedures. I was given some case files to read, which I later used to discuss with him. Sir had an excellent command over the facts of the case, and he used to tell me about the arguments of both sides in that case. During this internship, I visited the Hon’ble Delhi High Court for the very first time. Sir had extensive knowledge of the facts and the laws pleased in the case so much so that even without opening the file, he could remember all the details of the case and even the page number where it was mentioned! 

    On the aspect of what one should keep in mind while choosing an internship is concerned, I would say that it would depend on the career objective of that person. If one has not decided which area they want to join, one may intern at different places to get an idea. Also, I feel that if one has figured out what one wants to join after completing their LL. B then a long-term internship at a single place is more beneficial than multiple short internships at different locations, provided one enjoys their time and is learning at that internship.

    You hold expertise in various areas of practice like Civil Law, Criminal Law, Arbitration, Insolvency Law, Recovery matters etc. How would you describe your journey in the field of litigation so far? Please tell us – the good, bad and the ugly.

    Litigation requires one to read a lot and spend a lot of the time thinking as to what could be the possible arguments in the case and anticipate the arguments that the opposite party might advance and how to tackle them. 

    The good part in litigation is the encouragement and appreciation you get from the judges, seeing your name as a counsel in judgements/order sheets, and the fact that what one might argue may become the law of the land if agreed by the judge.

    The bad part would be the long hours one has to spend each day reading; there are so many documents that one has to read. Then after figuring out what the question of law is involved in the case, one has to read multiple judgments on that specific provision of law to find which cases laws support your case and which decisions are against your case and then think as to how to distinguish these decisions.

    I would say the ugly part is that travelling from one court to another to the office daily can be extremely tiring.

    You have 17 publications in various reputed journals. You also presented a paper on defamation at the Freedom of Speech and Expression Regional Conference organized by the Law Commission of India in 2016. Do ‘ideas pick you’ or do you have an extensive process of picking topics which you want to write about. Please take us through the whole process from finding an idea to publishing it in a reputed journal. How challenging is it?

    Legal writing is my hobby, and I find it a way to express myself on legal issues that have evoked my curiosity. Generally, I write on contemporary legal issues and those issues which would not lose their relevance over time, such as prison reforms and electoral reforms. I had written legal articles on these two topics some 4-5 years ago, and even today, they remain a contemporary topic for discussion.

    Before writing an article, it is first necessary to convince yourself as to why you want to write an article on that legal issue. For that, I used to read a little background about the same to ensure that it is indeed a good topic to write on. If I am sure that it is a good topic then I will read about it in detail. Usually, I choose those topics that are being discussed in the media/news so that the chances of their publication would also increase. I always substantiate whatever I would write through primary and secondary sources such as law commission reports, parliamentary committee reports, judges’ interviews, judgements on those points, legislations etc as it has been rightly said by Edwards Deming that ‘Without data, you’re just another person with an opinion’.

    If one wants the article to be published in a reputed journal. In that case, the article must be well researched and something that is not only a bit different from the existing literature but also, more importantly, it should make the reader ponder and think if what the author intends to say is unique, has credence and is indeed thought-provoking!

    At this young age, you have achieved so much, what do you think is in store for you in the future? How are you planning to use your skills and knowledge accumulated till now?

    I still have a long way to go and plenty of things that I want to achieve in my life. I always believe that life would be meaningless if we don’t achieve difficult things. To achieve anything worthwhile, hard work and planning are necessary. Achievements often come at the cost of sacrifices which do pinch a lot; therefore, one should allocate his/her time accordingly and focus on things that are more important to them and in line with their professional aims. I will focus my future on achieving my ambitions and plan accordingly.

    You were posted as a Young Professional (Legal) in the Ministry of Consumer Affairs, Food and Public Distribution, Government of India. Please share your experience in the job. How can one scale such an achievement?

    I had a brief stint at the Central Consumer Protection Authority (CCPA), which is currently a part of the Ministry of Consumer Affairs, GOI. I enjoyed my time over there and cherish those moments. I am extremely grateful to Ms Nidhi Khare Ma’am (Chief Commissioner, CCPA), Mr Anupam Mishra Sir (Commissioner, CCPA), Rout Sir and Jayashree Narayanan Ma’am for giving me this opportunity to work at the CCPA. 

    CCPA is a newly established regulatory body under section 10 of the Consumer Protection Act, 2019 (CPA) and has been established to protect the rights of consumers. Regulatory bodies are different from courts/tribunals and are equally important institutions in the administration of justice. I wanted to work there so as to learn about regulatory bodies and to get exposure to how the work culture of the government is different from that of the private sector.

    Finally, a word of advice for the lawyers and law graduates who are passionate about litigation & arbitration?

    I don’t think that right now I am at that stage in my life where I can advise lawyers or law graduates. I still have a long way to go. However, those who intend to join the field of litigation & arbitration must be ready to work hard and focus their time on learning the intricacies of the laws. In any given facts of a case, there can be various laws that could be applicable, so you must have a fair idea of the applicable substantive and procedural laws so that you can research if there has been any violation of some legal principles or judicial precedents that would help you to advance your case before the courts.

    For example, if there is a contractual dispute between two parties over goods purchased through an e-commerce site, then depending upon the facts, various laws could be applicable, such as the Contract Act, 1872, Sale of Goods Act, E-commerce rules, IT Act, 2000, CPC, IPC, CRPC, Evidence Act, Commercial Court Act, 2015 etc. Therefore, a holistic understanding of all the major laws is necessary while developing expertise in a few laws that one is most comfortable with.

    I am grateful to the ‘SuperLawyer’ for giving me this opportunity to share my experience and conclude by quoting an extract of a speech by Justice K. M. Joseph, Judge Supreme Court of India, at the convocation of the National University of Advanced Legal Studies, Kochi, which I consider to be very useful and practical advice in life, he said that ‘…Study the Court. When I joined the Bar, a senior counsel gave me advice which I thought was useful. He told me that the Court is like a zoo. There is the elephant, the horse, the deer and also the tiger and the lion. You cannot feed grass to the tiger as much as you would feed them to a deer..’

  • In Conversation With: Sanjay Vashishtha, an Advocate and a prominent Academician, who is also a Bar Council of India Trust – Awardee and a St Cross Scholar

    In Conversation With: Sanjay Vashishtha, an Advocate and a prominent Academician, who is also a Bar Council of India Trust – Awardee and a St Cross Scholar

    This interview has been published by Sonali Parashar, Ojuswi Sahay, and the SuperLawyer Team

    How would you describe your journey as a legal professional so far? What part of it do you enjoy the most- teaching law or practising law?

    To begin with, my journey as a legal professional cannot be described as anything short of a “privilege” – where not only do I get several opportunities to learn from the vicarious experiences of my seniors, friends, and colleagues, but also from the clients we represent. My journey is an amalgamation of academic endeavours and practice as the question aptly puts it. I cannot help but highlight that I was lucky enough to embark and act upon opportunities as and when they came my way with utmost hard work and professionalism.

    In my professional journey, now close to a decade, I have had the privilege to represent global MNCs to individual clients – from Padma Vibhushan to Padma Bhushan Awardees to individuals who I looked up to during my days at law school. I have also had the privilege of representing a conspicuous bar association of Delhi comprising of 12000 lawyers, NLU’s, Municipal Corporation of Delhi, Law enforcement agency (Delhi Police) etc. as a lead counsel and take pride in appearing pro-bono for various bodies/litigants and have been appointed as amicus to assist litigants by the Hon’ble High Court of Delhi.

    It’s a very enriching experience which enabled me to find an extended family within the legal fraternity on both the practice and the academic side. I have had the privilege of teaching / delivering lectures from Delhi Police Academy / Specialised Training Centre to several NLUs including NLUD, RGNUL, RMLNLU etc. to Delhi University, Hindu College, University of Oxford, Indian Police Institute, to several other esteemed private institutions such as Lloyd Law College, Symbiosis etc. 

    In terms of enjoying the academic side over practice or vice versa to separate my passions that overlap. Theory and practice are not only inseparable but essential in pursuing both effectively. Theory/teaching exposes me to the academic side which effectively equips me to deliver better on the practice side of the legal world. I think legal professionals should enrol/undertake teaching assignments at law schools so as to provide law students with a multidisciplinary/ practical insight into the legal world. I would conclude by saying that both teaching and practice are an indispensable part of my legal personality (on a lighter note). I enjoy them both equally! 

    As a Counsel for various commercial matters, representing clients at forums including Supreme Court, High Court and Tribunals, what do you believe has been the reason for your drive towards Litigation?

    As a litigation counsel, I witness an opportunity to grow and learn on a daily basis – the reason for my proclivity towards litigation since inception. Litigation – though equally challenging has been a mentally enriching and soul-satisfying experience. My proclivity towards litigation is mainly because of the work satisfaction that I derive out of every matter – both personal and for those we represent. Every case has its legal and factual quests that make the research and arguments worth its toil. 

    Another incentive is being able to network. Even a lunch table at a court premise is nothing less than a crash course on certain legal topics and current affairs. The ability to meet diverse clients with multi-disciplinary needs and wants makes the work even more interesting.

    Some of your esteemed clientele include the Delhi Police, RGNUL(Patiala), NLU Delhi,  South Delhi Municipal Corporation etc., to name a few. What are a few essential skills one must possess to establish and retain clients in litigation?

    The clients as highlighted by you are mostly government bodies, of course as esteemed they are. Office management is pivotal when it comes to managing multiple government clients alongside our esteemed private clients which include MNCs of various kinds, individuals, foreign nationals and other bodies. It’s imperative that there is a working system in the office to ensure timely drafting/filing of pleadings, follow-ups with clients and timely filings. Needless to highlight, every client deserves time and attention irrespective of the financial stakes. Therefore, time and resource management become equally necessary. 

    Also, building a strong team is more important than ever. A law office is never a one-person show. From peon/clerk, interns to associates everyone has an indispensable role – provided there is an effective oversight at all times. Accountability is yet another fundamental principle I would like to highlight.

    Accountability towards the client and their hardships can be equated to responsibility. Therefore both accountability and responsibility coupled with the right tools for office management are a few of the fundamental essential skills paramount to being a litigation counsel. Research and promptness along with keeping the clients informed is an added incentive in my opinion which goes a long way in client satisfaction. 

    With a Bachelor’s in law from Jamia Millia Islamia, an LLM  in Comparative Law from McGill University Canada and an MSc in Criminology & Criminal Justice from the University of Oxford, you have esteemed degrees to your name. How important do you believe academic excellence is in one’s legal career?

    Academic excellence may not be the correct label. Nor do I claim to be academically excellent. I may rather re-label this as an academic proclivity – which does go a long way in shaping the lens with which I view the legal world. In terms of academic institutions, they really give an insight into global/legal realms and highlight how legal systems/traditions of the world overlap. It also enables us to bring a trans systemic/multi-disciplinary tune to our practice which, in my opinion, enables me to better assist the Court than I could have otherwise without my LLM and MSc in criminology. Of course, besides that, you make great friends and these institutions and their affiliations equip me with several academic and other opportunities which I would have otherwise been deprived of. 

    I always, therefore, encourage my interns/associates to pursue higher studies when possible from an institution that promotes multidisciplinary education at a global level in the area of their interest and not merely a master for the sake of a label at their office.

    You have been a recipient of the National Scholarship by the Bar Council of India Trust. Please tell us more about that and how can law students target achieving the same in their careers?

    I think it’s a combination of luck with some passion for legal studies. Keep up at both! The latter you control, the former only works with the latter!

    You also hold experience in teaching law as a guest faculty at renowned institutions. You have delivered guest lectures to IPS Officers on evidence-based policing. Tell us more about your work in legal academia. What are some of the emerging trends in legal education and what are your views on these changes that you have witnessed in your career?

    I’ve had the privilege as highlighted earlier to be a guest faculty/ lecturer in various academic institutions including RGNUL, Delhi Police, RMLNLU, NLUD, Delhi University, Lloyd Law College, etc. I’ve also delivered seminars at Oxford and other international platforms and have publications in various national and international journals. My blogs are accessible at SCC, Bar and Bench and Livelaw alike on several social-legal topics. This academic interest is towards giving what I learn back to society, the legal community and the upcoming members of the bar at law schools across India. 

    As the question aptly puts it, the trends in legal education are gradually changing. Physical books are being replaced by virtual worlds – and physical lectures by virtual classrooms. Knowledge is ever-flowing. Digital platforms are disseminating knowledge / legal awareness 24 x 7 and the desire to know it all is ever-increasing. But one has to maintain a balance while adopting the emerging trends in the legal educational world. 

    There is a famous saying by Donald Rumsfeld, “There are known knowns, things we know that we know; and there are known unknowns, things that we know we don’t know. But there are also unknown unknowns, things we do not know we don’t know.”

    Therefore, it is important to read and apply our senses in a global context and assess every piece of knowledge as if there has to be a second side to the coin. The times to come are going to revolutionise how we study and interpret law and facts.

    You have publications to your credit as well and have published in reputed journals including the University of Oxford, London Redress, and other reputed journals, and also blogs at Live Law and Bar & Bench. What are 5 major skills a budding lawyer must possess to make them better researchers and writers?

    In no order:-

    1. Academic interest
    2. Endeavour to write – One has to simply write. Good or bad. It gradually improves.
    3. Readability – Make it comprehensive, coherent and easily decipherable. 
    4. Accessibility – Write on accessible platforms which are mostly free to access/read so as to provide access to legal education.
    5. Commitment & Research – Original research, commitment to collection of data and analysis. Originality in ideas is pertinent.

    Finally, a word of advice to our readers who are on their journey to establish themselves as litigation lawyers?

    Don’t give up! There are ups and downs – but thereafter – only ups and ups with fewer downs. Good luck & Thank you for your time.

    Get in touch with Sanjay Vashishtha –

  • In Conversation With: Dr Vidyottma Jha, an Advocate practicing at the Supreme Court of India, who is also an Author and a prominent Public Speaker

    In Conversation With: Dr Vidyottma Jha, an Advocate practicing at the Supreme Court of India, who is also an Author and a prominent Public Speaker

    This interview has been published by Sonali Parashar, Ojuswi Sahay, and the SuperLawyer Team

    How would you like to introduce yourself as a person to our readers?

    Well…it’s simpler and easier to describe oneself professionally but quite tricky to define oneself as a person. We all have certain characteristics, likes, dislikes, skills, etc. I am an individual who goes by instincts and takes everything and every day of life as it comes. I am a simple, optimistic, honest, and emotional person. But at the same time, I am ambitious and driven, assertive, determined, and focused. I am always looking for opportunities to do better and one thing that keeps me going is that I refuse to settle until the goal is accomplished. 

    What made you pursue Law?  Do you have any particular incident which tilted the balance in favour of choosing Law as your career?

    As we know Law is a very vast discipline and inculcates within its ambit a wide dimension of every facet of life that we deal with be it family or property, constitutional issues, environmental issues, commercial or social issues. It touches upon every possible aspect. Hence, for me taking law as a profession means taking up humongous responsibility in terms of time, commitment, and financial investment. Though law school and passing the bar exams can be quite back-breaking and onerous, the motivation can depend largely on the brighter side that this profession offers and the impression of it out there on the horizon; for example; the perks and rewards, reputation and respect that it brings with it as the lawyers are among the highest-paid professionals.

    Also, I believe that a career as a lawyer has been a hallmark of prestige for generations.  It’s perhaps due to a reason that they not only possess impressive degrees but a certain authority over others that places them in an elite circle of professionals.  Lawyers have a unique status professionally as they have an attractive, charismatic and glamorous image eternalized by the media. Besides, it is adhered to as intellectually one of the most rewarding jobs on the planet. Lawyers usually work in various areas which gives them an edge in understanding and dealing with myriad things, whether it is helping to patent a trade secret, devising a trial strategy, or forming a multi-million dollar merger. They are basically problem-solvers, analysts, and innovative thinkers. 

    Therefore, Attorneys have a very prestigious position in society. They are in a distinctive position to affect societal change as lawmakers and leaders. To add to it, they are the ones who frame the laws, rule the courts and hold dominant positions in government. They also influence top policymakers and leaders and affect change across the globe. Thus, I finally conclude by saying that ‘yes I feel powerful’ as being an Attorney gives me immense strength in terms of every aspect one can imagine. It is fulfilling, constructive, worthwhile and valuable. I had a keen interest in studying law and  I looked up to the big famous lawyers as role models from a very tender age. 

    You did your law degree from Campus Law Centre, Faculty of Law, Delhi University. Do you have any “funny but eye-opening” incidents from your college life?

    Yes, I studied in one of the most prestigious Law Colleges and Universities. I take pride in being part of such an esteemed university. I can’t remember any such incident to quote here. But Campus Law Centre, Faculty of Law is a place where students are given umpteen opportunities to hone their skills by way of moot courts, debates and learning. 

    Apart from practising at the Supreme Court, you are also an accomplished speaker on various matters related to Law and International Relations. How did you manage to build a public speaking career along with the practice?  

    I am an attorney in the Supreme Court of India and it fills me with pride. Lawyers are hardworking professionals and they are avid readers. So, when it comes to me that I’ve managed both I would like to say that it’s continuous hard work and perseverance and it has come to me naturally because Public speaking is an amalgamation of various factors like research skills, and stronger deductive skills ability etc.

    Being in the legal profession we have a duty towards influencing decisions and motivating change. The art of public speaking comes in handy at every important event of our lives. It is not separated from the legal practice but rather a fundamental part of it. It aids in conducting a meeting, addressing a team, delivering an important message to the relevant audience, or putting forth your ideas to a discussion simply. 

    What are the three most essential factors that law students should keep in mind to develop their public speaking skills?

    There are various determining factors for a person to be a public speaker be it a lawyer or anybody else from another stream. The first and foremost is reading and researching, followed by body language and confidence and lastly, one should listen to the celebrated speakers. Public speaking is a continuous process and it does not come to somebody in a day. Also, there are no formulas to follow, rather it’s more about practice.

    What were some of the fears that you faced when you appeared at the Supreme Court for the first time? How did you overcome those?

    Nothing compares to the fear of failure which is self-imposed by young lawyers. Initially, when I started as an attorney, I was nervous about the many things undivulged in the not-so-distant future. I felt that even a single mistake could be fatal. In fact, every bump, obstacle or setback would bring a premature end to my legal career.  But that line of thinking is certainly ridiculous. Soon I realised that all lawyers, regardless of the prefix young, seasoned or old, face setbacks, disappointments and failures and it’s part of the profession.

    So, as a lawyer resilience happens to be a necessary character trait to exhibit and it is also a key to overcoming obstacles. Resilience implies the ability to recover from tough experiences, situations, the setbacks, to adapt and move forward. Thus, as a lawyer, resilience means how one handles the given situation which is mostly unknown. Especially while preparing for a hearing wherein a number of challenges are waiting both in and out of the courtroom.

    ‘Being an independent counsel is a tough path to tread for women’ Do you think this is true? What are the challenges for women in litigation especially at the highest level?  What according to you are the three topmost factors that upcoming women legal professionals should keep in mind when establishing their own practice?

    Women are always at crossroads and they have to make distinct choices between their personal life and professional life at one point. She is expected to choose but the circumstances vary in the case of men it is not a matter of concern for a man. Women have to choose between marriage or promotion. There is a very tangible choice a woman has to make, to put it precisely she is expected to make because a lot of social undertones come with being a woman. Thus, we see a glass ceiling wherein the women face an impenetrable barrier which prevents them from moving upward. Women are subjected to unequal treatment across the globe because of this ubiquitous glass ceiling.

    It is more evidently seen in corporations where despite the availability of women’s talent, they are reluctant to invest in it. They view the cost of maternity leave and benefits negatively. So, it’s not a surprise that approximately 84% of women in law firms and companies thought their employers have performed below average on child care assistance programs while 74% believed that they did below average in terms of promoting or mentoring women within the corporation.  Now if we look at litigation, it does not fare any better. The court system is structured in a way where women don’t have 12 weeks of maternity leave.

    The systemic discrimination impedes their upward mobility. The critics have often pointed out that women are given unchallenging work and that there are gender biases present in the fraternity. Also, women are less likely to receive investment from law firms, because they fear that they may leave the profession for other reasons later on. Thus, it’s the mindset that hinders the opportunities that women lawyers could’ve got. Gender plays a huge role in the professional sphere as female lawyers face more challenges in bringing a balance between their career and their family.

    One of the studies has revealed that, unlike any other profession, even in the Indian legal profession, women lawyers are forced to choose between careers and children. The Researchers interviewed about 81 women lawyers. 75% of women in law firms, 43% of women in companies, and 52% of those in litigation said that their careers are adversely affected by maternity leave. In fact, the worst affected seem to be women in law firms, followed by women in litigation. The three top factors that women should have while establishing themselves in their careers are patience, perseverance and belief in themselves. 

    What message/advice would you like to give to the upcoming litigants on how to practice perseverance in this field?

    I have not only known but have myself undergone the struggle. The law students or upcoming generation has to go through this hardship as well. It is perfectly normal at the initial stage. In fact, everything around them is new. But as time passes they gradually adapt to the given situations and also become familiar with the surroundings and things become easier for them. All this struggle and hardship will make them stronger and it will be a part of their experience.

    They need to develop regular hard work and discipline to study daily because for a lawyer it’s the regular habit of reading that plays a big role in their careers, otherwise things would become difficult and messy.  Hence, it will be good if one plans a positive, proactive stance by setting up a schedule, establishing an accountability structure with built-in breaks, understanding personal preferences and habits and finding a place which is conducive to work. So, in the end, the more one keeps these pieces in place, the better off they will be when it comes to keeping up with the workload.

    Get in touch with Dr Vidyottma Jha –

  • In Conversation With: Meenu Padha- an Advocate, an Activist, and also the President (Jammu and Kashmir) of the National Child and Women Development Council, India & the Vice President (Women Empowerment and Child Rights Movement) of the National Council of News and Broadcasting, India

    In Conversation With: Meenu Padha- an Advocate, an Activist, and also the President (Jammu and Kashmir) of the National Child and Women Development Council, India & the Vice President (Women Empowerment and Child Rights Movement) of the National Council of News and Broadcasting, India

    This interview has been published by Sonali Parashar, Ojuswi Sahay, and the SuperLawyer Team

    You chose law as a profession. Do you believe that the legal profession has the power to shape society?

    I strongly believe that Law is the only profession which has the power to shape society. Being a lawyer is a noble and honourable profession that requires a manner of conduct to be carefully followed.
    Apart from fighting cases, lawyers provide their skills and knowledge to society by doing pro-bono cases and lending legal services to the poor and needy who cannot afford the services of the lawyer for the conduct of a case or legal proceedings in any court, tribunal or before any authority.

    Lawyers can deal with all the fields of society including science, social values, human rights, banking, intellectual property etc. So I think only the law profession has the power to shape society.

    You graduated from the University of Jammu, considering the prevalent situation there, how challenging was it for you to complete your studies. What is the current scenario in Jammu and Kashmir on this educational front?

    Frankly speaking, there were challenges and still are there. But we should know how to overcome the challenges.
    Law has been my passion since my school days. I always wanted to do law. But I am from a middle-class family so the first challenge was of course the fee for law school. When I cleared the entrance of the University of Jammu and got a seat in The Law School my parents got me admitted to The Law School despite all the financial problems they were facing.

    As I am a first-generation lawyer, I know that there is always a fear among first-generation lawyers that it will take a lot of time to settle. But yes, later I realised that nothing is difficult when you give your best.

    Indeed, students of Jammu and Kashmir do not have the same opportunities as the students who are from other parts of the country. Because of this reason, most J&K students go to other parts of the country to pursue their studies. And it is also true that everyone cannot afford to study outside J&K.

    But yes I strongly believe that God helps those who help themselves. No obstacle can stop you if you have faith and you give your best on your goals.

    You are an independent practitioner in Jammu & Kashmir and Ladakh High Court and Legal Representative of IRCON, a PSU of the Ministry of Railways Government of India. Would you like to share your daily rundown with the readers?

    Yes I am an Independent Practitioner and my main area of practice is Criminal Law. Besides I am also the Legal Representative of IRCON before the Jammu & Kashmir and Ladakh High Court. To represent IRCON before the High Court is one of the best things. I feel delighted to represent IRCON International Ltd, a PSU of the Ministry of Railways Government of India.

    And so far as my criminal practice is concerned, I generally represent the rape survivors before Court. Despite being a first-generation lawyer, I never joined any senior and starting my own practice, as an Independent Practitioner is a bit challenging. But with the blessings of Lord Krishna and my parents, I will overcome it as well.

    Raising women and child rights matters accompanies appreciation and criticism too. How do you deal with the hurdles in the way of your goals?

    Yes Working for the rights of children and women has always been my interest since my law school days. Women in J&K are not so aware of their rights. To create awareness to them about their rights and then help them through litigation to get justice is quite a satisfying thing for me. As I said, I usually represent rape survivors before the court and all the vulnerable sections of society like women, children, SCs, and STs. This is the most satisfying thing for me. That’s the reason I love my work.

    You are appointed as the President (Jammu and Kashmir) of the National Child and Women Development Council, India; the Vice President (Women Empowerment and Child Rights Movement) of the National Council of News and Broadcasting, India. What responsibilities do you get in your respective capacities? Is the situation any better in J&K after your initiatives?

    Working for the rights of children and women has been my dream since the days I was doing my law. As women in J&K are not much aware of their rights. So to create awareness about their rights and help them through litigation as well is a really satisfying thing for me.

    I usually represent rape survivors & vulnerable sections of society like women and children before court. After being appointed as President of J&K, I conducted a number of awareness campaigns, workshops, webinars, seminars, and sessions for women and children in the outskirts of J&K. A number of women approach me because of the violation of their rights by their husbands, family members, people and sometimes by authorities. I try my best to help them to provide justice and to help every woman and child out there to get justice through Administration or Legally. Recently, I have also filed a Public Interest Litigation before J&K High Court because of rising cases of child abuse during COVID.

    Recently, I have also met with the Hon’ble Lieutenant Governor of Jammu & Kashmir Shri Manoj Sinha Ji and submitted a memorandum on women and child rights issues. Hon’ble LG has taken immediate action on the main points of the memorandum like he has ordered for the fresh reconstitution of Child Welfare Committees in every district of J&K. And giving approval for the Women Commission for J&K which was abrogated after Article 360 in J&K.

    What made you focus only on women and child rights? How close are we to ending the era of feminism?

    The rights of women and those of children have been promoted in isolation from one another.

    See women’s rights and child’s rights are human rights. These include the right to live free from violence and discrimination; to enjoy the highest attainable standard of physical and mental health; to be educated, to vote, and to earn equal wages in the case of women.

    Feminism is a movement that fights for women who are facing monumental odds. But it is also paving the way for gender inclusivity and equality that benefit society as a whole.

    Feminism is about supporting and empowering people which is something that is still needed even in 2022.

    Education is the most powerful weapon in the world”. How true are these words according to you?

    As Nelson Mandela says, “Education is the most powerful weapon which you can use to change the world.” Education is the key to eliminating gender inequality, reducing poverty, creating a sustainable planet, preventing needless deaths and illness, and fostering peace. I am also running a school for underprivileged children here in Jammu namely Masti Ki Pathshala a school for underprivileged children. It’s an evening informal School were out-of-school children who are mostly involved in some kind of child labour come during the evening time to get a basic education. So I believe education can change the shape of society. Children are our future. The right to education is their fundamental basic right, which should be implemented properly.

    Would you like to share a few tips on how even a student can uplift the marginalised?

    I want to tell the students that if you are doing law, then use your knowledge. Because what a law-knowing person can do, no one else can.

    Get in touch with Meenu Padha –

  • In Conversation With: Namrata Pahwa, Advocate- practicing Fashion and Entertainment laws, and also featured in the WIPF Powerful Women in IP, 2021.

    In Conversation With: Namrata Pahwa, Advocate- practicing Fashion and Entertainment laws, and also featured in the WIPF Powerful Women in IP, 2021.

    This interview has been published by Sonali Parashar, Ojuswi Sahay, and the SuperLawyer Team

    What factors made you opt for Law as a profession? How would you describe yourself as a law student? 

    There were 3 main reasons for me to choose to study law– a) I was good at debating and articulating my thoughts; b) I was in sheer awe of the black robes worn by Advocates and c) I wanted to opt for a profession different than the members of the family (the rebel in me).

    You completed your masters in International Business Law from the National University of Singapore (NUS). What challenges have you faced in the admissions process? 

    I applied to NUS because I was aware of and most impressed by their pedagogue and selection methodology. NUS always looks at a student in a holistic manner without focusing on one aspect alone. I remember writing my Statement of Purpose with a lot of heart and I think that’s what got me through. The admission process was as smooth as butter and it was the best time of my life!

    What special efforts does a law student have to make while pursuing law as a profession?

    For any student to succeed in the field of choice one has to be diligent, focused and disciplined. These key strengths are what will get you through anything. In the same vein, I would like to add, that as a law student, you should write as much as you can, do as many internships as you can and be a part of the requisite co-curricular.

    After interning and working under various law firms, you started practicing independently in Fashion and Entertainment Law, IP Prosecution, transactional and litigation. How would you describe your role as an independent practitioner? How strenuous is it to deal with and lead the matters? 

    My role as an independent practitioner is manyfold and I get to wear different hats from being an accountant to a paralegal to even a PR manager, but I wouldn’t have it any other way. It is most stressful but not as much as it is exhilarating and satisfactory.

    Fashion and Entertainment Law, these words excite most young creative-minded lawyers. What according to you this area of law seeks from an advocate? Is this area as exciting as it sounds? How can one enter into Fashion and Entertainment Law?

    I say often that I work in the most exciting genre/vertical/niche of civil law which is Fashion and Entertainment. I can understand the appeal that it has over students and young lawyers but I must warn them that like any other vertical of law, this also demands an equal amount of research, skill and strategy. Fashion and Entertainment law is an umbrella that houses many genres of law like Torts, Contracts, Intellectual Property, Custom law, Employment law, Criminal law and many others.

    First, a student must understand each aspect of Fashion and Entertainment law which only internships can provide. Read as many cases and keep yourself updated on the latest developments. One can join a law firm with such a vertical or be an in-house lawyer for a fashion brand or even enter it through academics.

    Would you like to discuss how brand names create a monopoly in the fashion industry? 

    For a brand name to create a monopoly in the market, they have to protect its name in terms of a trademark, its designs in terms of copyright or design, and its technology in terms of a patent and safeguard all of them through contracts. Apart from this, global goodwill and repute play a big role in creating a niche in the market.

    You are also accredited with WIPF Powerful Women in IP 2021. Would you like to discuss your achievement and the hard work involved in that?

    Before WIPF I was offered many awards for which I would have had to pay a sum of money in some form or the other. I detest that approach. So when WIPF got in touch with me, their first email stated that this did not involve any pecuniary transaction. This list was a compilation of the best Female IP lawyers in the country. For me to be on the same list as Justice Pratibha Singh and both of my ex-employers, was enough gratification for me. 

    Since the first lockdown, I shifted my focus online by conducting various webinars and talks. I also formulated my own Fashion Law Module. All I had was consistency and hard work and that was all I needed to get me to where I am today.

    What considerations do you take into account while hiring a legal professional/ graduate in your firm? What advice would you give to others who want to set off in a similar direction?

    I look at my juniors/interns as my colleagues and equals and expect them to work as hard as I do. A brief understanding of IP is important, the rest one always learns along the way. 

    Don’t be afraid is what I’ll tell others. Don’t hesitate in asking for work or looking for guidance. Teach yourself something new every day and you shall be more than fine!

    Get in touch with Namrata Pahwa –