Super Lawyer

Category: Associates, In-House Counsels and Advocates

  • Iram Majid, Advocate, Supreme Court of India, on career in arbitration and mediation and future of ADR in India

    Iram Majid, Advocate, Supreme Court of India, on career in arbitration and mediation and future of ADR in India

    Iram Majid is a lawyer, arbitrator, and mediator. She has more than 15 years of experience  in handling wide range of criminal, matrimonial, civil, commercial, banking and finance matters cases in the court as Advocate and outside the court as Mediator. She is also on the panel lawyer for Delhi Jal Board and DSIDC in Delhi High Court. She is a also qualified mediator, enlisted on the panel of Delhi High Court Mediation Centre. She is also the Regional Director of BIMS Bangladesh International Mediation society in India.

    Iram graduated from Aligarh Muslim University. She then went on to pursue her LL.M from Kurukshetra University, Kurukshetra.

    In this interview we speak to her about:

    • Being a successful arbitrator and meditator
    • Skills required to become an arbitrator and a meditator
    • Importance of extra circular activities in law student’s life
    • Significance of moots and their preparation

     

    HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS? DO YOU COME FROM A FAMILY OF LAWYERS?

    Every time I am to introduce myself I am thinking how to articulate and craft my self in words. Over the years I have struggled to take challenges towards achieving my goals. My strengths are my attitude that like to take challenges that I CAN do it , my way of thinking that I take both success and failure in a balanced manner.

    I am a practicing lawyer, Arbitrator and Mediator. I am on the panel of Delhi Jal Board, DSIDC, Delhi high court Legal services and mediator in Delhi High Court. I am first generation lawyer. I pursued BA, LL.B degree and thereafter LLM. My father is a service middle class bread earner at Aligarh, It is said that “Behind every successful man there is a women” but I my case there are two men behind my success “ my father “and my “husband” My strengths have driven me to meet unexpected challenges. I believe in myself and my hard work and I want perfection in everything.

     

    WHAT MOTIVATED YOU TO PURSUE LAW?

    I never wanted to be a lawyer if it had not been my father who had identified my strengths. I wanted to pursue economics but my father has seen some qualities in me and asked me to pursue law. I was having the fear to lose my friend circle my childhood friends and my area of interest was economics and it was very difficult to get admission in economic but I got the same. Under the influence of my father I agreed to give the entrance for BA- LL.B. I opted for economics but my father insisted that I pursue law. The father daughter resistance began with me going on a hunger strike and my father did not ask me for food. It’s after 2 days I agreed to what my father asked for and took admission in law and their came the change. My clinched to help people for which law provided me the necessary background and degree to reach out to people who need help and make a positive impact on a daily basis using my analytical skills.

     

    HOW WAS YOUR EXPERIENCE AT LAW SCHOOL? DID YOU PURSUE ANY EXTRACURRICULAR ACTIVITIES SUCH AS MOOTS, DEBATES, SPORTS ETC.? HOW DID THIS CONTRIBUTE TO YOUR HOLISTIC DEVELOPMENT? DO YOU THINK SUCH ACTIVITIES SHOULD BE MADE COMPULSORY FOR STUDENTS?

    So the story   after getting the admission in law is that , from the very first week I found law classes interesting. It was 1998 when it seemed to me that I had just about everything one could wish for a comfortable house, a career to pursue and a good family. I think it was my lack of understanding of law that could not comprehend what my father saw. After that day of revelation, my father gave way to feelings of sympathy. I no longer saw law as a burden but as a struggle for my ambition. But it wasn’t long before another feeling began to weigh heavily on my mind—fear. I feared that my life might be wasted too, that I would feel empty if I failed to do something meaningful. That fear and sense of urgency drove me to search for a meaning in my own life, being a merit scholarship holder and a presidential awardee. I saw that a lot of students participated in moot courts, activities such as political debates and volunteering to change society. It was something that I had already interest in and a direction was all I needed, where everyone is expected to “fit in” and conform to social norms. My participation in debate competition, symposium, self-composed poetry and on the academic side it was ADR and personal laws which were admired by the students and the faculty. My passion started to take a turn towards a direction that I had longed to be a part of. After all, to me, it seemed to be doing something meaningful. Nonetheless, I spent the first two years of college studying merely to meet people’s strong expectations for me to be successful. During those two years, I managed to get good grades and took advantage of internship opportunities, but never found joy or excitement in my studies. Instead, I was often visited by the fear that I was walking the same path that my father wanted me to walk. It was only, when I came across classes titled ADR and Personal family laws, which cared for Contemporary Moral Problems and Global Justice, that I finally found direction in my search for meaning in my life. In those classes, we read and discussed fascinating topics, such as which ethical principles we might use to redistribute the wealth of the globe, or how we could stop potential genocides and ethnic cleansing. It was a surprising and strange experience to observe myself changing. When I found myself fervently arguing for one method of global distribution over the other, and voluntarily visiting a professor’s office pursuing further questions, I wondered: “Where has this passion been hiding? What have I been doing all these years?” Studying law has guided me to find my own answer to the question, “What is a meaningful life?” I have realised that I am thirsty for intellectually stimulating experiences, and that I truly enjoy exploring possibilities for making positive changes in people’s lives. I have also realised, more importantly, that there is lots of work to be done in the world—work that sometimes involves facing the dark side of reality, but that somebody has to step up and do. When I read articles in newspapers about horrific living conditions “women” going through legal battles, I read them from a different perspective now. Instead of simply expressing pity, I look at the situations critically and think about what it would take to solve those issues. The fact that I have a genuine understanding of the social conditions, which convinces me that I can contribute to solving these problems more than others. I want to be able to produce tangible influences through my work, witness how these influences cause progress in people’s lives, and find meaning in my life through experiences. Ideas alone cannot achieve this. But with the law, it is possible. I see the law as a powerful framework through which ideas can be manifested and applied in the real world to address different problems utilising the practical power of the law. It is physically tiring, repetitive work, but am happy.

     

    WHAT WERE YOUR AREAS OF INTEREST IN LAW SCHOOL? HOW DID YOU CULTIVATE AND PURSUE SUCH INTERESTS?

    So What Else were my areas of interest in a law school and how did I cultivate and pursue them. Being good student, I was good in all the subjects and secured distinction in all the subject but my field of interest were ADR and personal laws. When I was exposed to the society and learned from people that they are upset with the judicial system and have no faith in judiciary as there is saying “justice delayed justice denied “.

    Networking and informational gathering was so effective for me that I started to spend time attending the workshops and read publications.

    I saw myself as a creative and non-confrontational person, doing work I loved. This is because the legal community is finally acknowledging a fact that many lawyers have known for some time—that we do not all want to be like Perry Mason. Although there are many lawyers quite satisfied with their choice of profession and I was not at all a law school student yearning to appear in court, work for a big firm, handle large or complex cases, spend the majority of working hours in offices, or even earn top money. Instead, I shelved my course and carved it as an opportunity to explore and pursue ADR and personal family laws with alternative options, both in and outside of the law. I took to further examine quality-of-life and work-style issues. I wanted to create work for myself the one that even if I did not love but took me closer to my goal or at least the work that I felt good about.

    My love for the law got me into its theoretical and practical application often. I found contentment working in research and writing for legal book publishers, research services, or even for law firms.

    I acquired Legal training which became very beneficial in the development of useful, transferable skills that are much in demand. Both legal education and legal work provided excellent training in analytical thinking, communication, writing, and persuasiveness—skills that I am using in many endeavours.

    The previously mentioned my abilities in poetry, writing, editing, interviewing, organising information, researching, and giving attention to detail eventually moved into a full-time position as my writings started to get published for reading.

    I judged moot courts in India and Hong kong as well I enjoyed confrontation and posturing necessary when judging and learnt the science of ombudsman now also popularly known as Mediation.

    My values motivated me and I easily focused on fields that permitted the full use of my skills, integration of values important to me and satisfaction of my interests.

    I identified several trade associations and newsletters available at most public libraries. Joined associations that were in my area of interest in order to meet people working in the prospective field. Professional publications, including those produced by bar association sections, provided insights into new practice areas or new fields. Bar section meetings and conventions created excellent opportunities to meet people who work in one of your targeted fields and provided a reality check for me.

    These people were useful to me for inside information on the realities of working in that field as well as leads.

    My choices were not limited by preference, imagination, and ambition due to which I started to achieve positive results in Counselling.

     

    HOW IMPORTANT DO YOU THINK MOOTING IS IN SHAPING ONE’S FUTURE CAREER IN LAW?

    Looking back at law school, It’s the mind-set that has a role play Instead. It’s a trial run for your future career. I Embraced it and got involved. I developed a great arsenal of skills that helped me at entering the future career.

    The best piece of suggestion I can give any law student is to really get involved in law school by joining organisations like moot courts and journals, doing pro-bono work, or participating in a clinic (or all of the above), which become important skills that lawyers use every day.

    Moot courts get you involved, the more important is managing your time. Imagine the time management skills you can develop if you are carrying a full course load and conducting a brief for Moot Court, and writing a note for your journal. But image how good at time management you will be by the time you graduate from law school. Then, when you start your career, and one partner is asking for a memo, another is asking you to review thousands of documents, and a third is asking you to write sections of a brief all at the same time, you will already know how to manage your time and get your work done.

    The work through Moot Court, an externship, or a clinic is not like taking an extra class throughout the semester. You will not be sitting in class learning a legal theory on what lawyers do on a day-to-day basis. You will be developing first-hand legal skills like research and writing or getting up on your feet and arguing – real-life lawyer skills. And then, when you are given your first research assignment, at your first job out of law school, you will be really prepared to dive right into the assignment because you already have those skills down pat.

    And then do not forget about all the people you will come in contact with by getting involved – all the other law students on the journal, your clinic manager, your externship supervisor, etc. All of those people become part of your network. Networking is about building contacts across the legal industry – a very valuable skill that you can begin developing right now with moot courts. Say “yes” to moot assignments you might not want to do. Once you start working on moot courts and you say “yes,” and continue to say “yes,” you will open yourself up to bigger and better opportunities. And learning to say “yes” begins in law school.

    I know that all of this is something you have probably heard a million times since law school orientation, but take it from me – these skills are so valuable to have. I truly believe that a lot of my success in my career comes from the skills I learned while I was in law school. For example, in my externship, I learned great research and writing skills because part of my position involved constantly drafting motions. In Moot Court, I learned how to think on my feet, and in my pro-bono work, I learned how to address a judge. All of these skills have made me into the lawyer I am today and have helped shape my career.

     

    HOW DID YOU LAND YOUR FIRST JOB? WHAT WAS THE NATURE OF YOUR WORK THERE? CAN YOU RECALL THE FIRST TIME YOU ARGUED A SIGNIFICANT MATTER? CAN YOU RECALL ANY MEMORABLE EXPERIENCES AS A FRESH YOUNG LAWYER IN THE LITIGATION PRACTICE?

    I came from Aligarh after completing my law BA.LL.B. On the recommendation of one of my senior of law faculty, I joined the law Chambers Ms Zubeda Begum, Delhi High court. The start of my career was in the hands of a learned and dynamic counsel. I learnt a lot from her not only in legal knowledge but other social aspects as well. She was additional standing counsel for Delhi Government at that time, so being in her office I got a chance to handle variety of matters and exposed to new world. I worked very hard and started arguing matters in court. I still remember when I went in court for a Passover in very high-stake civil appeal matter before Justice Dalvir Bhandari and Justice DK Jain, I was scared to appear and asking for a Passover, the court could call upon me to argue in return. It happened so and I was called upon when I said ‘My lords …”I’m a junior and I am instructed to take passover only”, but court asked me to argue the matter then I thought opportunities may come anytime and I took that as an opportunity and then I read from the file and argued and got the appeal admitted. That was the day when I was very happy but I was unaware that there are many more to come.

    My most unforgettable moment was when had only three years in practice and with my hard work, I got an appointment as sole Arbitrator, that day was a happiest day in my career and my happiness had no bounds. I came to know that my hard work is getting recognition. That was not the last but the beginning thereafter I started getting assignment from the courts like appointment as local commissioner and Arbitrator. I still remember that when in courts judges started calling me by my name that used to be   a proud moment for me as I’m started creating place for myself and started recognition as Iram Majid.  Every job and in this case law chambers and employer/seniors is different but typically it means any experience that is relevant. job working experience is more important for examples because a full-time job is trackable and confirmable as well as usually relevant if the job is similar or in the same field. The word “professional” comes to mind.

    DO YOU THINK THAT METHODS OF ALTERNATE DISPUTE RESOLUTION SUCH AS ARBITRATION ARE THE FUTURE OF DISPUTE RESOLUTION IN INDIA?

    Alternative Dispute Resolution (ADR) is a substitute to the conventional method of resolving disputes including civil, commercial, industrial and family etc. ADR uses neutral third party who helps the parties to communicate, discuss the differences and resolve the dispute. The Advantages of Alternative Dispute Resolution are manifold as its less time consuming ,cost effective ,informal party centred and party autonomous Its promotes co-operation, social order and reduces hostility..

    As 3.3 crores cases are pending in Indian courts in that case alternative dispute resolution will be the future .Importance of ADR in India is to deal with the situation of pendency of cases in courts of India, ADR is expected to play a significant role in India with its scientifically developed techniques. ADR provides various modes of settlement including, arbitration, conciliation, mediation, negotiation and lok Adalat. ADR’s roots stem from the Constitution of India. Arbitration is one of the modes of ADR. The most significant development in future will be emerging divide between procedures for resolving low value and high value. Institutional Arbitration will deal with large sized dispute. The institution will do new form of automation especially version of online dispute resolution (ODR)

    It is evident that arbitration has evolved over the years as the ideal tool for resolution of disputes that saves the courts time and largely instrumental in assisting the parties to resort to quick remedial measures. Every arbitration is based on insightful application of law and its evolution is proof of its significance in the actual proceedings. Thus, arbitration has emerged as the most preferred platform for quick resolution of disputes especially in the industrial and corporate realm.

    So, arbitration is not the alternative dispute resolution but according to me this should be the “Appropriate Dispute Resolution” because its party autonomous and party centred.

     

    TELL US WHAT GOT YOU INTO TRAINING LAWYERS AND LAW STUDENTS ABOUT MEDIATION IN THE FIRST PLACE.

    Some of the most successful people in the world mediate. I did my mediation training from Pepperdine university USA , I did Negotiation and Conflict Management Skill Certification from ADR ODR Dubi and IIAM kochi and with Delhi High Court Mediation Centre. I am faculty trainer in Bangladesh International Mediation society. Success has its attributes to the practice of meditation and that is why I got into training lawyers and law students about mediation. Moreover, I am not taking mediation as my part time profession what mostly lawyers do but mediation is my passion and that passion is the driven force to push me into training and this is the only way we can spread mediation awareness among the community and moreover for getting more people into mediation we need these kind of training programmes as well as orientation programmes.

    Mediation practice that has a long history in India. Lord Krishna, Guru Nanak Dev ji, Kalidas, Kabir and Mahatma Gandhi the list goes on. Its now developed into a science with time. Mediation the students can use in order to excel in their lives ordinarily.

     

    WHAT IS THE SKILL SET REQUIRED TO BECOME AN ARBITRATOR AND A MEDIATOR?

    Arbitration is probably the best-known form of alternative dispute resolution, and is a formal, binding process where the dispute is resolved by the decision of a nominated third party, the arbitrator. Becoming a Chartered Arbitrator is a rigorous process, involving a number of stages. In the UK, the Chartered Institute of Arbitrators trains and accredits practitioners. Skills/knowledge needed Arbitrators need to have knowledge of the laws of contract, tort and evidence and understand and be able to use the applicable procedural law one must be able to evaluate the arguments and evidence which seemingly supports conflicting points of view .

    Where disputes revolve around issues of law, lawyers often make the best arbitrators. However, where the dispute revolves around issues of fact, the parties may prefer to have an arbitrator who is skilled in the particular sector involved.

    As far as mediation is concern, mediation as ‘an attempt to bring about a peaceful settlement or compromise between disputants through a neutral party . A mediator is a trained, neutral third party who uses their skills to bring two sides in a dispute to a resolution, without resorting to litigation. Mediation is a science and an art. Although many mediation skills may be taught, the development of a skilled mediator requires experience in dealing with people in all conditions and under all circumstances. Although there are many intangibles in the definition of a “good” mediator, certain character traits are invaluable like facilitator, Active listener ,neutral, impartial . Since mediation is still a relatively new field, there are no statutory qualifications required to mediate at present. However, in order to gain work as a mediator, it would be necessary to have some form of accreditation from a body . Mediators are sometimes qualified solicitors or barristers but also come from a variety of backgrounds other than law such as architecture, human resources, counselling, social work, banking and accountancy. Some mediation is undertaken as voluntary work.

    Parties involved in a dispute requiring expertise in a specific area (such as construction) may decide that it is preferable to have a mediator with expert knowledge of that area, rather than a mediator with a legal background.

    INTERNATIONAL ARBITRATION OFTEN INVOLVES A COMPLEX INTERPLAY OF PUBLIC AND PRIVATE INTERNATIONAL LAW. CAN YOU ELABORATE ON THIS ASPECT FOR OUR READERS?

    The importance is to have a positive approach to international commercial arbitration as a dispute resolution process. I find there is anxiety in the mind of the users of international arbitration where their investments are at stake. There is a need to ensure that commercial disputes would be resolved by specialists, in a neutral forum. The costs are to be kept low with efficiency in procedures and disposal. International commercial arbitration system promotes international trade and investment by reducing the risk that potential commercial disputes that are determined by opposite party’s home courts. It’s this complex interplay of the laws that International Arbitration can eliminate by using the arm of public and private international laws. In the national law when ever and where ever required; with the will of the parties and rules of non-national institutions and international treaties and guidelines control the process. International arbitration is a mixture of public comparative law and private international law.

    The landmarks which helped in development of the modern law and the practise of international commercial arbitration are:

    “The Geneva Protocol of 1923 (the 1923 Geneva Protocol)

    The Geneva Convention of 1927 (the 1927 Geneva Convention).

    The New York Convention of 1958 (the New York Convention).

    The UNCITRAL Arbitration Rules (the UNCITRAL Rules) adopted by resolution of the General Assembly of the United Nations in December 1976.

    The UNCITRAL Model Law (the Model Law) adopted by the United Nations Commission on International Trade Law in June 1985.

    Revisions to the Model Law (the Revised Model Law) adopted in December 2006.

    The major institutions are

    International chamber of Commerce (ICC) Paris,

    American Arbitration Association (AAA), New York,

    London Court of International Arbitration (LCIA) London

    Swiss Arbitration Association (ASA)

    Kuala Lumpur Regional centre for Arbitration (KLRCA)

    The steady growth of international trade across the globe will definitely require ad hoc or international arbitration to have proper training for the arbitrators and counsel who conduct it both in the public and the private domain. The counsel to the arbitration proceedings needs to be chosen who specialise in international arbitration and have sound knowledge of the subject matter of the dispute and a person who can cater to the needs of the party with some regional and local law knowledge.

    YOU ARE A MEMBER OF ALL MAJOR ARBITRATION INSTITUTIONS. WHAT IS YOUR PREFERRED FORUM?

    I am a member of CIArb UK, (YSIAC), ICC YAF, Dubai International Arbitration Centre, AIAC Kualalampur and so on I am doing arbitration in Delhi High Court Arbitration Centre as well .  My preferred forum for Arbitration is Institutional Arbitrations and it is so because of the growth of the economy, trade and commerce. With diverse economy, investment into the Indian market by the foreign investors is the reason for institutional arbitration.

    Prestigious institutional arbitration association like the London Court of International Arbitration, The Permanent Court of Arbitration and the International Chamber of Commerce have opened Centres in India. It’s a positive sign because these institutes are very well-known and prestigious and wouldn’t have opened Centres in India if they did not see a potential growth in Institutional arbitration. Apart this CIArb not only gives accreditation but also trained in arbitration it is world wide renowned body.

    For youngster the forums like ICC , SIAC, CIArb provides the platform to learn and help in career development . As per new bill only accreditation will be mandatory to become an Arbitrator. If you wish to choose Arbitration as a career than please try to get associated with any forum and try to get accreditation with esteemed organisation as in coming days it will be mandatory. So, this is the right time to wake up and act without any delay.

    DO SOMETHING TODAY THAT YOUR FUTURE SELF THANK YOU FOR

     

    HOW DO YOU REMAIN UPDATED WITH ALL THE NEW DEVELOPMENTS IN THE FIELD OF INTERNATIONAL ARBITRATION AND MEDIATION?

    åI have identified several trade associations and newsletters of different institutions and societies. Joined associations that are in my area of interest in order to meet people working in the prospective field. Professional publications, including those produced by bar association sections s that I can get insights into new practice areas or new fields. Bar section meetings and conventions and workshops also are a creation of source and an excellent opportunity to meet people who work in one of your targeted fields and provide a reality check for me.

    Additionally, by joining organisations like moot courts and journals, doing pro-bono work, and participating in a clinic authored by the respective Bar Associations and Legal Societies. I am also on the editorial board of one of the most widely circulated e magazine of ADR in India i.e IIAM e – magazine that I think also a great help to get oneself updated.

     

     

    WHAT ADVICE DO YOU HAVE FOR OUR READERS WHO ARE PRIMARILY COLLEGE STUDENTS?

    BE FAITHFUL TO THAT WHICH EXIST WITHIN YOURSELF. The best piece of suggestion I can give any law student is to really get involved in law school by joining organisations like moot courts and journals, doing pro-bono work, or participating in a clinic (or all of the above), which become important skills that lawyers use every day.

    Work through Moot Court and develop first-hand legal skills like research and writing or getting up on your feet and arguing – real-life lawyer skills. Be really prepared to dive right into the assignment. Become part of a network as it helps building contacts across the legal industry. Say “yes” to moot assignments and learning to say “yes” begins in law school.

    KNOWING YOURSELF IS THE BEGINNING OF ALL WISDOM

    Apart this I want to give a piece of advice for healthy ad self-esteemed life because   most often when we people discuss success they do so in terms of careers. I encourage you to also   pay attention to a different kinds of success as well _ success in life , when we are young we do not quite see the distinction in between career success and success in life but the difference is significant and to achieve ultimate happiness one have to understand , it’s not like we cannot achieve both but we have to consider them both and be the successful person in your own version. Perseverance is definitely the key to success. Every once in a while, you will fail, and most of the time, the circumstances will be beyond your control. The key to overcoming this; is this DO NOT let your failures keep you down. compose yourself, dust the dirt off, take a deep breath and get back up on life saddle and keep going. failures are part of life if you don’t fail, you don’t learn. If   you don’t learn, you will never change. The world doesn’t care how many times you fall down, as long as it’s one fewer than the number of times you get back. so,

    • Know yourself
    • Understand what makes you feel great
    • Recognise things that get you down
    • Set goals to achieve what you want
    • Don’t afraid to ask for help
    • Stand up for your belief & values
    • Help someone
    • Take responsibility of your action
    • Be confident.

    So , act like there is no tomorrow because if you taking your goal for granted or then probably you will be too late

     

  • Manu Beri, Advocate, on setting up independent practice; litigation at NCLT and urgent need for reforming judicial system

    Manu Beri, Advocate, on setting up independent practice; litigation at NCLT and urgent need for reforming judicial system

    Manu Beri graduated from Campus Law Centre, University of Delhi, in 2000. With over eighteen years of experience in litigation, he has handled a variety of matters in different forums including the Supreme Court, Delhi High Court, National Company Law Tribunal, National Consumer Commission and Arbitration Tribunals.

    In this interview we speak to him about:

    • His early years as lawyer in litigation practice
    • His experience in various courts
    • Challenges of a litigation lawyer
    • Building independent practice

     

     HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

    I practice in the Supreme Court, Delhi High Court, National Company Law Tribunal, National Consumer Commission and before Arbitration Tribunals. Have been doing a variety of legal matters both in Corporate and Criminal law (Economic Offences) for clients in India and from abroad, including large and medium size corporations in FMCG, Logistics, and Infrastructure sectors etc.

     

    PLEASE TELL US ABOUT YOUR COLLEGE LIFE. WHAT MOTIVATED YOU TO TAKE UP LAW AS A CAREER?

    I did my LL.B from Campus Law Centre, Faculty of Law, University of Delhi in the year 2000. Spending three years during my LL.B course in the North Campus of DU was quite good. The best part of it was that Senior Lawyers would come to our Faculty to share their experiences and interact with the students. I had the opportunity to listen to stalwarts like Mr. Ram Jethmalani, Mr. Harish Salve and many others. Likewise, some practicing lawyers used to take our classes. In addition to regular faculty, teaching by visiting/guest faculty helped us to know the practical aspects of the legal profession while studying Law. I hope they are continuing with this system and other Law schools have also introduced this.

    My initial interest to do law came from studying subjects like Political Science in which I got to know of constitutions of many democracies in the World. Out of all other professions, I found law intellectually challenging and stimulating. Unlike many other professions, it gives you a chance for lifelong learning. A Lawyer can help develop or change the policy making not only in his client’s businesses but Government policies as well. Law helps you constantly learn and grow.

    My uncle Mr. Sandip Beri is in the legal profession. After having practiced in the Supreme Court of India and then having done a long stint with law firms and corporations in the USA and India, he is presently a partner with a large Corporate Law firm in Delhi. He was the guiding force behind my decision to take up law as a career. Through him I had a fair idea of what the legal profession was all about.

     

    PLEASE TELL US ABOUT YOUR INITIAL YEARS OF PRACTICE.

    After working for about a year and a half as a Junior Lawyer, I started my own independent practice a little early in my career. However, I think I should have worked for a few more years as a Junior lawyer. But luckily for me in my initial years of practice I was able to get good work from some Companies and I learnt a lot from the work I did for them by handling various legal issues for them in Courts and otherwise. Also, briefing Senior Counsels in the High Court and Supreme Court on important matters has been a good learning experience for me. I think learning in this profession comes from handling maximum cases and arguing in Courts. The more cases you work on, the more you will enhance your knowledge, skills and consequently increase your confidence as a litigation lawyer. When I started my law practice, I was advised to specialize in any one branch of law rather than doing a variety of legal work but I somehow did not like this idea and I knew what I wanted to do. It is very exciting to work on cases involving different legal issues. I have had the opportunity to represent clients in a variety of matters like IPR Suits, Writ Petitions, Arbitrations, Consumer matters, Company Petitions and Criminal matters in the higher Courts. I hate monotony in professional work; hence getting to do cases from different branches of law has only enhanced my knowledge and skill set.

     

    AS A LITIGATION LAWYER, THE TOUGHEST CHALLENGE IS TO GET CASES – WHAT WOULD BE YOUR TIPS TO LAWYERS WHO HAVE JUST STARTED OUT IN THEIR CAREER.

    Public relations are very important in legal profession. But more than that if you work with sincerity for your clients and give them positive results in a time bound manner, then one client will naturally lead to another through word of mouth and there cannot be a better publicity or advertisement than this for a lawyer.

     

    YOU CHOSE TO WORK IN TRIAL COURTS AND DISTRICT COURTS INSTEAD OF MOVING DIRECTLY TO THE HIGH COURT AND SUPREME COURT. HOW IMPORTANT IS TRIAL COURT PRACTICE IN THE INITIAL YEARS OF ONE’S CAREER?

    In the initial years of practice one may not get big and high stake matters and even if one gets such matters in higher courts then the clients prefer Senior Counsels to argue these matters. Therefore, Trial Courts give junior lawyers a chance to conduct depositions and argue the cases themselves which is a great learning experience and confidence building measure.

     

    YOU HAVE SUBSTANTIAL NCLT PRACTICE AS WELL. PLEASE TELL US HOW CAN ONE GAIN EXPERTISE IN COMPANY AND INSOLVENCY AND BANKRUPTCY LAW.

    Well, as I said for gaining expertise one needs to handle maximum cases in that field of law. Mere theoretical knowledge of any law subject is not going to help. In my view, to gain expertise in any branch of law it is important to read and understand the statute with the relevant judgments passed by the courts and then handling cases in courts/tribunals. Also, one should keep oneself updated with the latest news in the corporate world through print and electronic media. In corporate litigation practice, in addition to understanding the law, a lawyer has to understand his client’s business. This has helped me to learn so much about different businesses and industries, as well as the diverse areas of law that impact my clients.

     

    WHAT IS THE ONE IMPORTANT LESSON YOU HAVE LEARNT IN YOUR CAREER AS A LITIGATION LAWYER?

    One thing I have realised over the years is that one should also listen with an open mind to what clients have to say about their case in addition to the facts, rather than being dismissive about their logic and opinion. Sometimes, their ideas based on their life and business experience can really help in developing a case.

     

    HOW DO YOU RECOMMEND A FRESH LAW GRADUATE INTERESTED IN LITIGATION START THEIR CAREER?

    I started my own independent practice a little early in my career. However, I think I should have worked for a few more years as a junior lawyer. My advice to budding lawyers, who intend to enter into litigation, is that they should spend at least two-three years as a junior in a law office having lot of drafting work and reasonable number of appearances in courts and after that if they get a chance to work in the office of a good Senior Counsel, they should spend a couple of years in the Senior’s office as well.

     

    HOW CAN ONE APPLY FOR INTERNSHIP UNDER YOU? HOW CAN AN INTERN STAND OUT DURING HIS INTERNSHIP?

    I generally keep one intern at a time so that we can have maximum interaction with each other. I invite CVs from interns and then decide. At this stage of their legal education the interns are expected to do the research work and read case files. I think an intern can stand out by doing good research work and finding judgments for the ongoing cases.

     

    WHAT QUALITIES DO YOU LOOK FOR IN A JUNIOR?

    A junior should be hardworking having the ability to put in long working hours, sincere, reliable and courteous.

     

    WHAT ARE YOUR THOUGHTS ON THE JUDICIAL SYSTEM.

    It amazes me how under the given circumstances the Judges in this country work tirelessly to decide cases and write judgments by spending extra hours to deal with pendency of cases. It is very challenging to properly hear and decide so many cases on the board in a single day. There is an urgent need to increase the number of judges so that the justice delivery system is quick and more efficient.

     

    WHAT WOULD BE YOUR WORD OF ADVICE TO YOUNG LAWYERS AND LAW STUDENTS?

    For young budding lawyers it is very important to plan their career path right from the law school years, by doing extensive internships with Judges, litigation lawyers, Law Firms, and in-house lawyers etc twice a year which can be really helpful as they plan their future in the profession.

     

     

     

  • Rohan Bishayee, Legal Advisor, DFDL, on building his career in Corporate Law and work experience in South East Asia

    Rohan Bishayee, Legal Advisor, DFDL, on building his career in Corporate Law and work experience in South East Asia

    Rohan Bishayee graduated from School of Law, KIIT University with a specialisation in Corporate Law. Throughout law school he was the topper of  BBA LLB course and received several awards for academic excellence. Apart from academics, he won several awards including a Best Advocate Award at the Moot Court Competition held in IMS Unison University, Dehradun. Upon graduating from School of Law, KIIT University, he received job offers from various top tier law firms and is currently working in DFDL and exploring the global market.
    In this interview we speak to him about:
    • Reasons for choosing DFDL and shifting base to South East Asia;
    • Tips on the cv of a  law student aiming to joining an International law firm
    • His role and responsibilities as legal advisor at DFDL ;
    • Recruitment process at DFDL

     

     

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

    A corporate lawyer, sports aficionado and musician believing in spirit and the power of dreams.

    I practice corporate law with DFDL, a top tier law firm having offices across South East Asia (Phnom Penh, Yangon, Bangkok, Jakarta, Singapore, Hanoi, etc.) Apart from being a lawyer, I am a passionate musician and can play the violin and the guitar, among other instruments. I was part of a chamber music orchestra known as “L’Atelier de Musique” and performed in concerts in India and other countries. I love playing and watching football and was privileged enough to be selected for a “Manchester United Soccer Schools” training programme during my school days.

     

    PLEASE TELL US ABOUT YOUR TIME AT LAW SCHOOL. HOW WAS YOUR APPROACH TOWARDS ACADEMICS WHILE IN COLLEGE?

    The five years that I spent at School of Law, KIIT University were the best years of my life. I participated in several co-curricular and extra-curricular activities which made the entire experience very enjoyable. During my time at law school I was fortunate to share a very powerful relationship with some excellent professors who taught me valuable lessons of life and law. I was also a part of quite a few societies and worked extensively with some very proficient batch-mates.

    I think the most important thing about academics is keeping things simple. I focused on important classroom lectures, basic reading and spending sufficient time in understanding the fundamentals. This is one discipline which has a large space for independent thought and creativity in application which I coupled with fundamental knowledge of law to yield positive results.

     

    YOU HAVE REPRESENTED YOUR COLLEGE AT PRESTIGIOUS MOOT COURT COMPETITIONS. HOW DID YOU GO ABOUT PREPARING FOR THEM?

    Mooting has been the single most gratifying experience in law school. When I went up to argue before a judge in a moot court competition, I felt as if the world was mine. If I were to point out the happiest moment of my life, it would be when I was adjudged the ‘Best Student Advocate’ in one of these competitions.

    I would advise law students wishing to take part in these competitions to pick team members who are of a similar academic temperament and are willing to dedicate the same amount of time and energy to this activity. My team and I usually dedicated about two months to prepare for these competitions that required long hours of extensive research to find the most convincing arguments. We took a lot of guidance from our seniors on specific points of research, materials to be referred to, structuring of arguments and drafting memorials. In addition, we took several mock trials before the competitions, which gave us a rough idea of what to expect in real time. I would like to mention the noteworthy contribution of Anubhab Sarkar, Founding Partner, Triumvir Law, a friend and senior from law school towards developing and training our teams before such competitions. Preparing for these competitions tend to get very stressful and mentally challenging. However, I must say it is worth every sacrifice you make.

     

    HOW SIGNIFICANT IS MOOTING FOR LAW STUDENTS? WHAT ARE THE EPITHETS OF A SUCCESSFUL MOOTER?

    The legal profession demands excellent interactive skills and one of the activities in law school that develops this skill is mooting. Mooting not only hones one’s advocacy skills, but also facilitates overcoming stage fear, builds self-confidence and develops public speaking and interpersonal skills.

    Mooting builds one’s research and drafting skills as well. Young law students often make the mistake of associating mooting with a career in litigation. Litigator, or not, drafting and research are skills required for every career in law and mooting only enhances your skills as a lawyer.

    Mooting helps you gauge the temperament of the various judges and accordingly frame your style of argument. If one is looking at a career in litigation, mooting gives a first-hand experience of the real world. For transactional lawyers, it helps in negotiation, drafting and research. I would strongly advise law students to take an active interest in mooting.

    I don’t know if I’m qualified enough to answer your question on what it takes to be a successful mooter, but since you’ve asked I’ll make an attempt. I think to be successful in anything; the first requirement is desire and drive. A capable mooter would need to have the fundamentals of law crystal clear and have reasonably good analytical skills. There is no substitute to hard work, long hours of research and repeated mock oral rounds (for counsels). For arguing counsels, I’d urge them to get emotionally connected with the moot problem and present submissions as they would for their clients in a real court of law. As long as one is passionate about mooting and does not give up, success will follow.

     

    PLEASE TELL US ABOUT YOUR INTERNSHIPS. WHAT ARE YOUR SUGGESTIONS FOR LAW STUDENTS TO BAG INTERNSHIPS AT BIG LAW FIRMS AND COMPANIES?

    I have had a varied internship experience ranging from internships with advocates, litigation firms, companies to corporate law firms. My basic objective was to give every field a chance before deciding on my career. While interning, I enjoyed my litigation experiences and the art of practicing in a court of law always intrigued me. However, being a first generation lawyer, not having any connections or references and a considerable financial concern, I soon realised Corporate Law would be a more stable career option. I have had good and bad internship experiences at corporate firms as the work environment and culture at some of these top tier law firms can often get very challenging.

    If we were to talk about internship applications, I have no reservations in admitting that securing an internship in Indian law firms is a difficult task. A lot of emphasis is laid on factors such as ‘institution name’, ‘references and contacts’, etc. My internship applications were mostly rejected or ignored by most of the top tier firms. I used to go and intern wherever I managed to get a reply or a confirmation from, through applications or by connecting with some useful resource.

    However, from the little success that I’ve had in getting through to a few places, I would advise readers to always set objectives on the basis of the firm they have chosen and tailor-make the CV and covering letter accordingly. It is not advisable to send the same generic piece everywhere. A tailor made CV and covering letter shows that you have made the effort and you sincerely want to be considered for an opportunity to work in that firm.

    YOU HAVE BEEN A TOPPER DURING YOUR COLLEGE DAYS. WHAT ARE THE TIPS AND STRATEGIES YOU WOULD LIKE TO SHARE WITH OUR READERS WHO ARE CURRENTLY LAW STUDENTS?

    I wasn’t the epitome of sincerity when it came to academics. In law school we did a lot of group study, which was particularly helpful. I was lucky to have good friends who helped me out with material that was important from an examination point of view.

    My emphasis, as already mentioned was on keeping things simple. I spent my time understanding basic concepts and developing my fundamentals of law. I would urge students to centre their reading on texts and reference materials instead of ‘class notes’. Analysis and originality should be the priority as this discipline encourages independent thought.

     

    HOW DID YOU CHOOSE CORPORATE LAW AS YOUR SPECIALISATION? WHAT COURSES WOULD YOU SUGGEST TO YOUNG LAW STUDENTS LOOKING TO SPECIALISE IN CORPORATE LAW?

    To be brutally honest, Corporate Law was more of a convenience than a choice. Belonging to a family with no legal background or connections in the legal fraternity, Corporate Law provided me the stepping stone to a successful career in law. My seniors and professors from college were instrumental in steering me towards a career in Corporate Law. I received encouragement and direction from a close friend and confidant from law school, Debottam Chattopadhyay, Associate, Phoenix Legal, when it came to career choices.

    Looking at the Indian market, courses on Competition Law, Capital Markets and Finance would give students ground level knowledge of the legal structure. From a global perspective, courses which give an insight on projects, energy and infrastructure related laws would hold students in good stead. I would advise students to make well informed choices based on their area of interest. The first and foremost aspect which a student should take care of is deciding an area of interest. Once that step is complete, it becomes easier to work towards making a career out of that interest area.

     

    WHY DID YOU CHOOSE DFDL?

    The decision to choose DFDL was based on a lot of factors. I was particularly impressed with their scope of work and the projects I would be dealing with upon employment, which I learned of during my interview process. My conversations with the firm’s hierarchy was very influential in the decision-making process.

    The aim was always to be bigger, better and to reach out globally. DFDL offered me exposure and experience where I would get to meet and work with ‘magic circle law firms’ and stalwart corporate lawyers from across various jurisdictions. The opportunity at DFDL seemed adventurous, challenging and had novelty. Hence, here I am at DFDL, glad at having taken the leap.

     

    PLEASE TELL US ABOUT YOUR RECRUITMENT AT DFDL? HOW WAS THE INTERVIEW ? HOW DID YOU PREPARE FOR THE SAME?

    My recruitment at DFDL was routed through the Placement Co-ordination Committee of my law school. I had sent in my resume and received a reply from the firm wherein they set up my interview with the Regional HR Officer. Thereafter, there were five rounds of interview with partners and senior lawyers across the firm’s hierarchy from various offices of the firm via video-conference. Interviews were built around conversations where the candidate’s adaptability to the firm’s culture and work ethos were tested. The scope of work and the projects were explained and general tests on awareness was conducted. There were two technical rounds where there were related questions on work experience and fundamental concepts of law. The areas of law included commercial law subjects such as contract law, property law (including registration and stamp duty), company law and procedural law.

    I prepared for the interview by reviewing and revising my CV in great detail which I recommend all readers do before an interview. The rest of the preparatory process was pretty straightforward. I brushed up on my basic legal principles and concepts of commercial law.

     

     

    WHAT IS YOUR FIELD OF PRACTICE AT DFDL? HOW IS THE WORK CULTURE AT DFDL?

    I work extensively in the field of international investment, banking and finance, energy, mining and infrastructure, real estate and corporate advisory. Work includes client advisory and transactions where I advise clients on international investment strategies from a legal perspective. Transactions include preparation of diligence reports and financing documents etc.

    The work environment at DFDL is excellent. The culture promotes learning and nurturing of skills necessary for a corporate lawyer. DFDL is a member of both the American Chamber of Commerce and the European Chamber of Commerce and promotes interaction and networking at various events, which are a great opportunity, for me to meet and interact with lawyers and other driven professionals from various fields. The balance of work-life is commendable and the hours are not remotely as stressful as Indian firms.

     

    WHAT ARE THE OPPORTUNITIES FOR INDIAN LAWYERS IN SOUTH EAST ASIA?

    South East Asia has a booming market and is developing in leaps and bounds. Most South East Asian countries have offices of international law firms (including magic circle law firms) in operation. I wouldn’t be able to give you statistics but at present there are a sufficient number of Indians working in prestigious law firms across South East Asia. DFDL also has a few Indians working across its offices in South East Asia including an Indian desk at Bangkok. In a nutshell, there are opportunities in top-notch law firms in South East Asia for Indians having the necessary skillset and desire to work across global boundaries.

     

    PLEASE TELL US IN DETAIL ABOUT YOUR ROLES AND RESPONSIBILITIES AT DFDL?

    My roles and responsibilities at DFDL require me to report to and take instructions from the Partners, Managing Director, and the Head of the Practice Groups of DFDL. I am supposed to provide legal advice on behalf of DFDL to clients and undertake activities which include the drafting of contracts, letters of advice, legal opinions, and other legal instruments. Additionally, I need to peer review the work of other advisers and provide constructive feedback as necessary, draft and deliver fee proposals and review and revise invoices. I am also required to contribute actively in DFDL’s business development efforts, including government relations activities with various chambers of commerce, business clubs and participate in knowledge management, professional development and administrative activities as requested.

     

    WHAT SHOULD A CV OF A LAW STUDENT AIMING TO JOIN AN INTERNATIONAL LAW FIRM LOOK LIKE?

    Regardless of where you’re applying, I think a CV should be balanced. What I mean by a balanced CV is one, which has good grades, moot court experiences, publications (one area where I had practically nothing to show) relevant internship experiences (quality over quantity) and a good set of extra-curricular activities. There is no priority of importance and it varies from firm to firm on what their qualifying criterion is. However, I would suggest student give sufficient importance to all areas, which I have mentioned.

    Co-curricular and extra-curricular should not be ignored, as interviewers often tend to prefer candidates with a varied set of talents and experiences. A question in one of the interviews asked me about what I understand about ‘teamwork’. I was happy to elaborate on my experiences in chamber orchestra where the entire harmonic is created by collective wisdom. The interviewer was particularly impressed with my answer. I would advise readers to engage in a variety of experiences and build up a CV accordingly. International firms do tend to look at your grades and having a good grade would separate you from the rest of the candidates. A CV and covering letter should also be tailor made to fit the requirements of the firm you’re applying to and the specific practice area should be clearly outlined. International firms focus a lot on your purpose of work and your professional objective. I believe having a balanced CV helps you reach the stage of interview. Your performance in the interview is the deal breaker.

     

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

    I would start off by quoting one of the most inspirational figures in my life, “You cannot lead by following.”- Sir Alex Ferguson.

    Lead from the front and when you’ve reached there, reach out and help the people who need it most. Promote and practice equality. Respect your elders, live with humility, protect the environment and encourage humanity.

    Make your parents proud and take care of them. As long as they’re happy, you don’t need much more from life. Wherever I am today, professionally and otherwise is because of the most loving, caring and supportive parents who gave me a bit more than everything I ever wanted.

    Thank you for having me here for the interview!

  • Satvik Varma, Litigation Counsel, on establishing Independent practice, studying LLM from Harvard Law School, and authoring a book

    Satvik Varma, Litigation Counsel, on establishing Independent practice, studying LLM from Harvard Law School, and authoring a book

    Satvik Varma is a Litigation Counsel and Corporate Attorney. Prior to setting up his private practice, Satvik was a partner at India’s premier law firm, (undivided) Amarchand Mangaldas and also served as the Vice-President and Counsel in the corporate law group at Lehman Brothers (2003-2005) headquarter in New York. Satvik started his career as a litigator (1998-2001) at the Supreme Court of India and the High Court of Delhi. While practicing in Courts, Satvik had the opportunity to participate in and argue various constitutional laws, insurance and family law related cases.

    Satvik holds a Bachelor of Arts (with Honours) in History and a Bachelor in Law (LL.B.) from the University of Delhi. He earned a Master of Law (LL.M.) from Harvard Law School, where he was a part of the South Asian Lawyers Association. He is dual qualified and licensed to practice in both India (1998) and the State of New York (2003).

    Satvik is a frequent speaker at various panels, seminars and workshops and is often featured on television debates for his views on legal matters. He writes regularly on corporate governance, legislative matters, economic and trade policy and current legal affairs for most of India’s leading business newspapers, magazines, and journals.

    In November 2017, Satvik released an anthology of his essay’s titled “Yes, I’m Opinionated” – “Musings of a Lawyer on Governance, Law and Policy” published by Lexis Nexis. The book has received advance praise from sitting judges of the Supreme Court of India and the Delhi High Court and leading Senior Counsel in India. 

    Satvik has a keen interest in global and regional affairs and serves on the advisory board of the Asia Society India Centre, a United States not-for-profit. He has been selected from amongst many as an Asia 21 Young Leader, where he actively engages with others from the Asia-Pacific to discuss issues of common interest to the region. He is also a member of the Young Indians, an initiative operating under the aegis of the Confederation of Indian Industry (CII), to help motivate the youth to shape the economic and social agenda of India. Recently, he was selected from a very large and diverse group of candidates as an Aspen India Leadership Fellow and is cohort of the Aspen Global Leadership Network.

    In this interview we speak to him about:

    • Challenges of setting up his independent firm
    • Experience of studying at Harvard Law School
    • Importance of Internship
    • Being a prolific writer and authoring several articles and now a book
    • Maintaining a work life balance

     

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? PLEASE SHARE YOUR ACADEMIC AND PROFESSIONAL BACKGROUND

    I am a litigation counsel and corporate attorney based in New Delhi. My practice focusses mainly on corporate commercial litigations, shareholder and company disputes, breach of contract and specific performance disputes, competition law and telecom/satellite law related litigation and domestic and international arbitrations.

    I also regularly contribute to most leading Indian newspapers on topics related to law. Recently, I released a book- “Yes, I’m Opinionated” – Musings of a lawyer on Governance, Law & Policy. I am addicted to current affairs and a keen observer of politics.

    I graduated from Campus Law Centre, Delhi University in 1998 and immediately joined the chambers of Mr. Kailash Vasdev (currently Senior Advocate). In fact, I had been associated with Mr. Vasdev’s chambers for some time and had worked there through most of my LL.B. days. While at Mr. Vasdev’s chambers, I would often share notes with my brother who was working in the financial sector in London and would hear about M&A and Joint Ventures and Securities, all of which were topics I knew nothing about. So in 2001, I decided to make the transition from Litigation to Corporate law and joined, for a very brief period, Dua Associates in their Corporate Transactions/M&A team. Prior to joining Dua, I had already applied for an LL.M. overseas and went on to pursue my Master in Laws at Harvard Law School, graduating as the Class of 2002 or what was then termed as the 9/11 Class. This was because in the “normal” preceding years, of the 150 students that graduate HLS, well over a 100 students would get a job upon graduating. But in our batch only around 8 students got placements, in what was termed as the “foreign lawyers program”, for a brief stint in the States followed by them returning to their home country to work with the same firm. Regardless of not having secured employment I decided to write the New York State Bar Exam which, admittedly, was one of the most gruelling experiences of my life. Like most students, one enrolled for the BARBRI classes, which lasted through the day and then there was homework to be completed before the next day. On an average, preparing for the Bar was a 16-18 hour day and one was often reminded of the low pass percentage for first time takers. I was fortunate and blessed to have passed the Bar in the first attempt, but still didn’t have a job. In fact, in 2002, there were very few entry level positions available in New York and I didn’t even manage to secure a single interview in over seven months. I was adamant to work and live in New York and hence I persisted. I still remember a particular time when I was called to an interview and spent the day with the recruiter distributing flyers for an attorney who was contesting for a Selectman’s post (equivalent to municipal councillor) and those were the first $40 I earned in America. Eventually, I got lucky when the legal head of TCS, who I had been introduced to by a dear friend and had kept in touch with through the Indo-American Lawyers Association, referred me for a temporary lawyers position at the investment bank of Lehman Brothers that had just signed up an outsourcing agreement with TCS and Wipro. Like most Wall Street positions, I went through five rounds of interviews (the first I had had since graduating HLS seven months prior) and was eventually hired as a temporary lawyer for an eight week assignment. I was lucky that five weeks into my assignment, I was confirmed in the position and given the title of Vice-President Corporate Law at Lehman Brothers. Asides from the title, I was delighted to have a huge office on Park Avenue in New York and went on to work for Lehman for a few years before eventually returning to India.

    Upon my return, my former partner from Dua Associates had just moved to Amarchand Mangaldas (undivided) and proposed I join his team. I was slightly undecided at what to do as it was my initial desire to start my own litigation practice but eventually decided to join Amarchand as a Senior Associate in the M&A & Private Equity team. I eventually rose from amongst the ranks at Amarchand and was announced as Partner in 2010, at which time I decided to start my own private litigation practice. Many people thought I was foolish to be giving up such a lucrative position and the comfort of being under the umbrella of India’s premier law firm. But I was exhilarated with my decision to return to litigation practice and being back in Courts was something that excited me.

    Since 2010, I have been developing my practice as an arguing counsel in Courts and Tribunals all across India focussing primarily on corporate- commercial disputes, and I have to say that I have loved each and every day since setting up my own law chambers.

     

    HAVE YOU ALWAYS BEEN INCLINED TO A CAREER IN LAW? ARE YOU A FIRST GENERATION LAWYER?

    I am actually a fourth generation lawyer with many in the legal profession both from my mother’s and father’s side of the family. In fact, my paternal grandfather was amongst the first lawyers from Bihar to have relocated to the Supreme Court and was, what was then called, an “agent” of the Supreme Court of India. He was one of the 23 agents present at the inauguration of the Supreme Court of India on 28.01.1950. But there was never any pressure on me to pursue a career in law especially since my older brothers first degree is in law, but he’s always worked in the investment banking and finance sector. Consequently, while my interest to pursue law has been influenced by my family background, the real inclination stems from my compelling desire to work amongst people, to help “resolve” matters and to play a role in helping shape policy and the legal landscape in India. Now, after being admitted for almost 21 years I can say without a doubt that practising law is not just my profession, it’s something I’m extremely passionate about, it excites me and its something I greatly enjoy doing.

     

    TELL US A BIT ABOUT YOUR TIME STUDYING LAW AS AN UNDERGRADUATE STUDENT AT THE UNIVERSITY OF DELHI

     Having earned an Honours degree at Hindu College I was very familiar with North Campus and, in many ways, Campus Law Centre was an extension of that joyful experience of being at Delhi University. We had some excellent professors at CLC but really the emphasis was on the discussions outside classrooms and the interaction amongst the students. During my time pursuing an LL.B. there was no requirement for internships, however I had started attending Mr. Vasdev’s chambers from my second year and was, hence, able to comprehend the practical application of what was being taught at Law Faculty.

     

    WHAT WERE YOU AREAS OF INTEREST DURING YOUR LEGAL EDUCATION? HOW DID YOU DECIDE THE FIELD OF LAW THAT YOU WANTED TO SPECIALISE IN CAREER-WISE?

     The late 1990’s were when the period of liberalisation really accelerated and one was seeing more and more international businesses set-up in India. One was were constantly reading about trade and investment policy developing in the country. As a consequence, at Law Faculty, I was drawn towards Law of Contracts, Law of Torts, Constitutional Law and Criminal Law. My initial many years were spent primarily at the Supreme Court of India and hence my interest in Constitutional Law grew. But ultimately, given my professional experience of having worked both as a litigator and a corporate lawyer, I developed a great interest for corporate-commercial laws. I find this area of law challenging, exciting and forever developing, remoulding itself to the changing economic scenario in the world. It’s also the field where I am able to make meaningful contributions having worked on both ends of the spectrum.

     

    INTERNSHIPS PROVIDE STUDENTS WITH THEIR FIRST EXPOSURE TO THE PRACTICAL ASPECTS OF THE LEGAL PROFESSION. COULD YOU TELL US ABOUT THE INTERNSHIPS YOU TOOK UP, AND WHAT YOU LEARNT FROM THOSE EXPERIENCES?

     The curriculum at Law Faculty did not prescribe mandatory internship, hence one took up internships voluntarily. I had started working from my second year at Law Faculty, i.e. 1996, and one of my greatest takeaways from working at a chambers was the need for lawyers to have an attention for detail. In 1998, the Bar Council introduced the compulsory apprenticeship program for law graduates, which eventually got overturned. During that period I had the chance to hear senior members of the Bar present to the Constitution Bench and was fascinated by the practical examples which lawyers presented to juxtapose the law with its application. It has been my attempt to carry forward and apply both of these early experiences in everything I do.

     

    LAW GRADUATES ARE FACED WITH HAVING TO CHOOSE FROM SEVERAL CAREER OPTIONS AND THE CHOICE OF STUDYING FURTHER. WHAT ADVICE WOULD YOU GIVE STUDENTS IN AVOIDING A DECISION PARALYSIS?

     Many of the choices available to law graduates today didn’t exist 20 years ago, but it’s absolutely fascinating to see these young lawyers opt for different career paths, where their law degree can be used. For example, I recently met a lawyer with just a few years of experience who had joined a think-tank to work on policy papers. This was not an option when I had graduated, but it’s a great development and also a testament of how the core skills acquired while studying law are transferable skills and can be utilised across a variety of professions.

    Law graduates need to be patient, and not jump the gun to hastily back-pedal from any decision they may have taken if they don’t seem immediate results. The legal profession is more like a cricket test match, with two innings, and not a T20 game where one need to score on every ball. Take a decision and stick by it because too many changes reflect badly on your resume.

     

    PLEASE SHARE WITH US YOUR LLM EXPERIENCE AT HARVARD LAW SCHOOL. HOW WOULD YOU SAY YOUR PRIOR EXPERIENCE AS AN ADVOCATE AIDED YOU IN YOUR MASTER’S DEGREE?

     My experience at Harvard and then working on Wall Street has in many ways shaped my professional discipline, my work ethic and lawyering skills. Most good law schools today require at least two to three years of work experience before they will even consider your application and I believe that prior work experience in many ways will prepare you for a fairly rigorous and intensive 1 year Master’s program.

    Personally, I strongly urge all young lawyers to pursue an LL.M. and explore ways of studying overseas. Aside from the international exposure, and learning from experiences of those from across the world which adds to one’s overall personality development, the LL.M. program also exposes one to many areas of the law that one doesn’t study in India. For example at Harvard I took a course called Analytical Methods for Lawyers which included Game Theory, Statistics, Accounting and Decision Analysis in Contracting matters which I found fascinating. I also studied other topics I had no exposure to in India like Entertainment and Media law, Alternative Dispute Resolution methods and got an opportunity to study Negotiations from the Gurus of Negotiation Theory – William Ury, Roger Fisher, Bob Mnookin etc.

     

    WHAT ARE THE CHALLENGES THAT YOU FACED STUDYING AT ONE OF THE PREMIER UNIVERSITIES FOR LAW IN THE WORLD? HOW DID YOU KEEP UP WITH HARVARD’S ACADEMIC RIGOUR?

    While the academic schedule at Harvard, and for that matter in most LL.M. Programs, is quite intense, it’s also a lot of fun and at the end. What is paramount is what one wants to take away from the program. At Harvard for example, some of the greatest discussions took place outside of the classroom; at student events or informal discussions. As a place of learning Harvard encourages that, so one doesn’t really face any “challenges” in such a structured program. The program allows one to pursue other interests and activities across all Harvard campuses and that is a good way to balance the academic schedule along with the non-academic activities on campus.

    I would also like to share that while I was at Harvard Law School, my older brother was at Harvard Business School and if I remember correctly, we are the third or fourth set of brothers to have graduated Harvard University on the same day, at the same time but at different ceremonies. So on graduation days my mother was at my ceremony and my father attended my brother’s ceremony.

    HOW DID YOU COME TO TAKE UP A POSITION WITH LEHMAN BROTHERS? WHAT ARE THE MAIN TAKEAWAYS FOR YOU FROM THIS EXPERIENCE?

    As I mentioned above, my introduction to Lehman Brothers was made by the General Counsel of TCS Americas. It was the only interview I got after graduating from Harvard and I started as a temporary worker and was made Vice-President Corporate Law in five weeks of working with them. In this role, I was supporting the global procurements team on all their contracts and handled everything from negotiating the bank’s Bloomberg Data contract to the acquisition of Private Jets that were undertaken. I also worked very closely with the Benefits team and worked on re-negotiating the global health benefits and insurance program for 14,000 employees. My greatest take-away from working at Lehman was how to understand the business and commercial interest of your client, in this case the bank itself, and balance those interests with the law to make sure the deal goes through. I was also able to put to immediate use the negotiation skills I had acquired while at Harvard and see them bear results. That is something that has held me in great stead in all my client dealings.

     

    WHAT MOTIVATED YOU TO JOIN AMARCHAND MANGALDAS? COULD YOU TELL US ABOUT YOUR JOURNEY TO BECOMING A PARTNER AT ONE OF INDIA’S LEADING LAW FIRMS?

    Upon my return to India, my former partner from Dua Associates had joined Amarchand Mangaldas (undivided) and while I was keen to start my private practice, he asked me to join and it was an offer I found very tough to refuse. In retrospection I am thrilled to have accepted that offer as I learnt immensely from working at India’s premier law firm. Amarchand had a great brand value and I remember when I shared with my Harvard colleagues that I had joined Amarchand, almost everyone had heard of it in their home country. During the time at Amarchand, it was in the process of charting out its course for further growth and I really enjoyed being a part of the journey which eventually led to my selection as a Partner at the firm. This was an especially happy moment for me as I was one of the 19 Partners at the Delhi office. It would be my strong recommendation to junior lawyers to, at some stage, work at a large law firm to understand the mechanics of an Indian law firm and only post that experience decide their long term career goals.

     

    WHAT ARE THE CHALLENGES AND LEARNING OPPORTUNITIES THAT YOU ARE FACED WITH IN YOUR INDEPENDENT PRACTICE?

    Independent practice is an all in one process – you’re the originator of the work, the executor, the teacher and mentor, the researcher and sometimes also the office manager! But it’s a lot of fun and while I recognise that independent practice may not be for everyone, I would not trade independent practice for anything else. One of the most difficult things for me while returning to litigation and independent/private practice was to try to re-establish my brand, which one had to do from scratch. Amongst the best things about private practice is the freedom to do all kinds of different things and work across various practice areas, which one is not able to do while in the structured confines of a law firm. As a result, one is constantly evolving and learning something new every day which makes independent practice a lot less monotonous or repetitive.

     

    GIVEN THE DYNAMIC NATURE OF THE FIELD YOU PRACTICE IN, HOW DO YOU KEEP YOURSELF UPDATED ABOUT THE LATEST DEVELOPMENTS IN THE LAW?

     One of the best ways to stay updated about the latest developments in the law is through leading law journals and the various other online law portals which come up with an analysis and bring to one’s attention the developments in the law across the country. Given that I write almost every week and invariably choose topics outside of my area of work, I always learn through the process and make it a point to read the latest Court decisions. Despite the latest cases being available at the press of a button, I urge all young lawyers to maintain their personal case journal and update the same regularly.

    Additionally, the entire chamber eats lunch together on Saturdays and we have a rule where one of my Juniors is expected to have read up on a case and is required to share details of that with the others. We do this in a relaxed environment not to make it overly burdensome and keep it fun, yet not lose sight that it’s a work assignment.

     

    WHAT DOES A TYPICAL WORKING DAY LOOK LIKE FOR YOU?

    Most litigators and more so those in private practice work 7 days a week. Weekends tend to be the busiest as one is catching up on drafting, vetting drafts and settling pleadings. On most days I’m in office till past 10 pm. But the advantage of private practice is that post Court hours one is the master of one’s own schedule and can plan one’s day accordingly. So on most days, I would try to get back home to be with my Son during his dinner time and also try to eat with my wife and then come back to office to work late into the night.

     

    HOW DO YOU MANAGE YOUR TIME BETWEEN YOUR PROFESSIONAL AND PERSONAL INTERESTS? WHAT ARE YOUR INTERESTS OUTSIDE LAW?

     I’m extremely fond of art and fashion, love food and travel and greatly enjoy listening to new-age jazz and lounge music. There is often music playing in the office. I am also fond of photography and many photos taken by me adorn by chamber walls. I also have a great interest in theatre and drama having worked for many years at India’s leading professional theatre group. So if there’re any plays in town, I make it a point to try and see them. The good part is that in private practice one is able to manage one’s own schedule and create one’s own personal- professional work life balance. I equally urge all my Juniors to definitely engage in some sporting or other activity on a daily basis.

     

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

    Today, a law degree offers many alternative career options for law students. My parting message both to law students and young lawyers is – Choose wisely, the career path you’d like to pursue, but then follow it with dogmatic determination. Follow your dreams, chase your heart and be passionate about your work doing it with utmost honestly and all sincerity. Don’t draw comparison with your peers or classmates and don’t jump-ship just because you feel your friend is ‘doing better’ or is ahead. Once you’ve chosen a path, give it lots of time and all your energies. The practice of law, whether at a law firm or as a litigator requires one to put in a lot of hard work and long hours. One must have the mental strength and resolve to deal with 14-16 hours days. Even if they don’t produce immediate results, its like making a deposit in a bank, all those hours will eventually yield results. As a U.S. Supreme Court Judge said “The law is a jealous mistress and requires a long and constant courtship. It is not to be won by trifling favors, but by lavish homage.” But above all, , remember to have fun along the way, its not always the destination, but also the journey that matters.

  • Kunal Endait, Head Litigation & IP, Mintkart India, on career in media law, and experience as an in-house counsel

    Kunal Endait, Head Litigation & IP, Mintkart India, on career in media law, and experience as an in-house counsel

    Kunal Endait completed his graduation from ILS Law College, Pune. He then went on to pursue his LL.M from NLSIU. He is currently in-house counsel (Head Litigation & IP) at Mintkart India Pvt Ltd (formerly EBay India and a Flipkart group company). He has over ten years of professional experience and has experience of working in media and newspapers industry. He is skilled in litigation, negotiation, and transactions along with corporate advisory. He shares his experience as a lawyer, in house counsel and a writer.

    In this interview, we speak to him about:

    • Roles and responsibilities as chief manager-legal at Bennett, Coleman & co. Ltd
    • Experience as an in-house counsel at various organisations
    • Choosing a career in media law
    • Importance of writing research papers.

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    A lawyer, born and brought up in a lawyer’s family. I did my graduation in law from ILS and post-graduation from NLSIU. Law comes to me as heredity and I always knew right from the beginning that I wanted to become a lawyer as I had observed my father’s efforts, dedication, knowledge and respect he commended by his popularity as a successful advocate, which were sufficient considerations for me to decide my career path at the very threshold. Frankly, I never thought of any other conventional courses and my goal was fixed right from the beginning.

     

    PLEASE TELL YOU SOMETHING ABOUT YOUR COLLEGE LIFE? HOW INSTRUMENTAL HAS YOUR COLLEGE BEEN SHAPING YOUR CAREER?

    While I always wanted to opt for law, my parents had a fair expectation that I should make all endeavours to secure my candidature in premium law institutes. To my luck, I secured my seat in one of the best institutes, ILS, Pune. Let me also be candid here, coming from then under developed part of the country and that too from vernacular medium (I belong to Dhule district, Maharashtra), I was skeptical if I would be able to continue with ILS, but then I interacted with my faculty, who all guided me throughout my law curriculum and also made some of my best lifetime friends, who all have always supported me throughout my journey. I was a sport rather cricket follower and would often participate in the various intercollege/university tournaments and that also added to my confidence. Internet and other online resources were yet impact the market then, hence I could spend quality time with books and library of my college. ILS has one of the best law books collection and luckily, I was benefitted. I was not much of bookish person, but always loved reading legal texts, if not literature. I would also like to mention my professors Shri. Deshmukh, Shri. Jaybhay, Bhadbhade Madam, Bhatia madam, who are all known to be the best and they indeed added a lot to my life as their student.

     

    WHAT MOTIVATED YOU TO GO FOR A MASTERS PROGRAMME?

    It was my father, who suggested that I should contemplate taking up further studies. I was looking at multiple options at that time, including civil services, foreign studies and assignments, however, I found my father’s suggestion quite convincing, though he insisted that I should make efforts to take up my masters in the premium law school. Around the same time I came across NLSIU masters program advertisement in newspaper and I applied for their entrance test. I did not have much of time to prepare for entrance exams, however, my final year of LL.B studies helped me and I got through the entrance test and that’s how I got into NLSIU. I must acknowledge contribution of my professors Prof. Viaykumar, Prof. M K Ramesh, Prof. Devidas, Prof. Ajjappa and others for their kind guidance.

     

    PLEASE TELL US ABOUT YOUR TIME AT LAWYER’S COLLECTIVE. WHAT LED YOU TO SHIFT TO AN IN-HOUSE ROLE AFTER WORKING IN LITIGATION?

    I owe Lawyer’s Collective as it taught me extensively post academic life and helped me grow as a professional. When I was about to submit my dissertation for my masters, Lawyers Collective happened. I joined them with their HIV/AIDS unit as Legal Officer and was looking into litigation matters for their clients. HIV/AIDS Unit was providing pro bono legal support to the deprived and discriminated people. This came across as the best opportunity I could have asked for. I got to handle plethora of matters involving constitutional issues, writs, criminal issues, civil and property related disputes etc. Nevertheless, the best part was to work directly with Mr. Anand Grover (Sr. Counsel), who was heading the team and the guiding force behind the strategy we would devise to contest matters for our clients then. Gradually, I started handling firm’s matters and that’s when I received extensive exposure to constitution and writ side issues. Mr. Grover is very particular and would often make us read common law judgements, because of which the team also received exposure to common law authorities. Lawyers Collective offered me an opportunity to work on the projects involving property and inheritance rights of women in Indian sub-continent. I visited Sri Lanka and Bangladesh sometimes around 2008, met lawyers, NGOs, Human rights activists etc and that added immense value to me not only as a lawyer but as human too. Working with Mr. Anand Grover as an honour. I would like to also acknowledge contribution of my then Manager, Mr. Vijay Hiremath, who also guided and supported me throughout my stint, he is a successful counsel and continues to guide me even now.

     

    YOU HAVE DIVERSE EXPERIENCE AS IN-HOUSE COUNSEL AT VARIOUS ORGANISATIONS. WHAT IS THE NATURE OF WORK OF AN IN-HOUSE COUNSEL?

    I feel in-house lawyer cannot really summarise his/her work in a short one page write up. It is always the variety of issues that the in-house counsel needs to address to on a regular basis. Mind you, unlike other sectors, in-house legal team needs to be on its toes as any issue impacting your employer’s interest would have to first run past through the legal team and therefore opinions and advises are required to be issued with real rapid pace, that too ensuring correctness in the advice.

    In my small span of in-house I have handled litigation (civil, criminal, consumer, IP, constitutional etc.), contracts, corporate advisory, notices (private, law enforcement), HR related issues, business transfers along with variety other.

    WHAT WOULD BE YOUR WORD OF ADVICE TO STUDENTS INTERESTED IN MEDIA LAW?

    Being a media lawyer is a responsibility, not only towards your organisation but society at large. Your advice would have bearing on your reader/viewer’s right to know, a fundamental right that enables every individual to have access of every affair that is taking place around him/her in the society and country. Importantly, working into media sector is almost 24/7 assignment and you must always act proactively. Media law is a key sector and those who wish to choose this as their career must bear in their mind that the constitution of India is extremely instrumental in this field along with media and broadcast, press laws. I have enjoyed my time with multiple media entities and I am extremely proud of that. As an in-house, one should indeed explore media opportunity, I feel.

     

    AS CHIEF MANAGER-LEGAL AT BENNETT, COLEMAN & CO. LTD WHAT WERE YOUR ROLES AND RESPONSIBILITIES?

    I was a team member of their litigation portfolio for the western region of India. Simultaneously was responsible for corporate advisory, property related issues, checking legal compliance, engagement with law enforcement agencies, variety of contracts and the most importantly working with Mr. Amit Rai directly under his guidance. I would like to mention Mr. Rai especially as he is my Guru, who has taught me extensively on the media laws, apart from being a great professional, he’s extremely caring boss and you have a lot to learn from him, particularly his leadership skills and his in-depth hold on law subjects and related issues. It was a fulfilling experience working under Mr. Rai’s leadership at Bennett, Coleman & Co. Ltd.

     

    IF ANY STUDENT WISHES TO INTERN WITH BENNETT, COLEMAN & co. Ltd WHAT IS THE PROCEDURE FOR APPLICATION?

    Bennett, Coleman & Co. Ltd has its own legal department and the students may approach the team through HR department, who will guide them in a better manner.

     

    YOU HAVE RECENTLY MOVED TO MINTKART INDIA PVT LTD (FORMERLY EBAY INDIA AND A FLIPKART GROUP COMPANY) AS IN-HOUSE COUNSEL (HEAD LITIGATION & IP). WHAT FACTORS INFLUENCED YOU TO MOVE TO EBAY?

    I think e-commerce is a fast paced sector and would present multiple legal challenges, opportunities for learning as well value addition for a lawyer. It is a privilege to be associated with the market leader, Flipkart, particularly when I will have an opportunity to explore global scenarios through the platform. It is also interesting to work closely with the team in the wake of recent takeover of Flipkart by Walmart.

     

    HOW CAN A LAW STUDENT APPLY FOR INTERNSHIP AT THE LEGAL DEPARTMENT OF MINTKART INDIA?

    I would advise students to get in touch with HR team of the company and they will guide you through the process.

     

    YOU HAVE AUTHORED NUMEROUS RESEARCH PAPERS. WHAT SHOULD BE THE APPROACH OF A STUDENT WHILE TAKING UP THE TASK OF AUTHORING A RESEARCH PAPER. WHAT ADVICE WOULD YOU GIVE TO LAW STUDENTS TO IMPROVE THEIR LEGAL WRITING SKILLS?

    I firmly believe, the research papers/thesis cannot be carried out based on hear say or for that matter using internet resources. Most of my research papers were based on empirical research and experiences. For instance, I had authored a research paper on the plight of refugees and legal remedies for them, and for the said project, I had spent 3 days in a refugee camp and interacted closely with the victims and aggrieved people. Getting firsthand knowledge is extremely crucial and one must not rely solely on the third party data. I had implemented similar methodology during my visits to Sri Lanka and Bangladesh.

     

    YOU HAVE THE EXPERIENCE OF BOTH LITIGATION AS WELL AS IN-HOUSE ROLES. PLEASE TELL US ABOUT THE DIFFERENCE IN BOTH FIELDS. WHAT FACTORS SHOULD A YOUNG LAWYER/LAW STUDENT KEEP IN MIND BEFORE DECIDING WHICH FIELD TO CHOOSE?

    I feel there isn’t much difference, its just that the terminologies very from external clients to internal clients/stakeholders. While I have worked as a practicing counsel as well, in-house has little difference that you must have all round industry knowledge and that yours advises require should be self-sufficient. By that I mean to say that in-house counsel’s advice should be extremely helpful for your external counsels that they merely have to argue the matter based on the in-house advice. Both complement each other.

     

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

    Go for it. Law is a sector, which does not only offer you monitory growth, but will also offer you feeling of adding values to society at large as the core purpose of legal system in our country has this basis. Time is changing, law is no longer what it was, we have ample opportunities, please join the league.

     

     

     

     

     

  • Debanshu Khettry, Principal Associate, Leslie & Khettry, on LLM from UCL and challenges of starting new ventures

    Debanshu Khettry, Principal Associate, Leslie & Khettry, on LLM from UCL and challenges of starting new ventures

    Debanshu Khettry is a fourth-generation lawyer at Leslie & Khettry. He focusses on corporate law, commercial contracts, corporate finance and banking law, securities law, property law, and legal due diligence.

    Debanshu has catered to international clients looking to do business or having business in India through his association with a reputed and one of the best law firms in New Delhi. He has assisted in negotiation and documentation of various inbound investments in India. He has experience in legal due diligence of businesses in various sectors including infrastructure, e-commerce, FMCG, biotechnology, and education. In addition, he regularly advises corporates, sporting bodies, and individuals on issues relating to commercial law and property law.

    He attained LLM with distinction from University College London and graduated from National University of Juridical Sciences, Kolkata (gold medallist).

    He gained wide experience through over a dozen internships in some of the biggest law firms in India; judges of Hon’ble Supreme Court of India and Hon’ble Delhi High Court; eminent lawyers and Members of Parliament; office of additional solicitor general and NGOs. His contribution in all these places was highly appreciated.

    Debanshu co-founded P-PIL, with Dr. (Prof.) Shamnad Basheer, to promote practical advocacy among law students. His extensive empirical research on the constitutionality of a statutory tribunal in India was endorsed by a former High Court Judge. He is a founding member of IDIA (established to promote diversity in law schools by training the deprived) where his co-authored policy paper was accepted by the CLAT Committee. His other initiatives include being the founding executive editor of Journal of Telecommunication and Broadcasting Law (first of its kind refereed journal); co-founder of SILC (India’s first standard legal citation system); and co-founder of Lawctopus (a leading website for law students).

    His articles have been published in refereed international journals and his research has been cited in various books and articles. He also takes a keen interest in developments in the financial markets.

    In this interview, we speak to him about:

    • Importance of LLM
    • Tips on writing SOPs and advice on application requirements
    • Challenges faced in starting his own venture
    • Roles and responsibilities as principal associate at Leslie & Khettry.

     

    GIVEN THAT MOST OF OUR READERS ARE LAW STUDENTS AND YOUNG LAWYERS, HOW WILL YOU INTRODUCE YOURSELF TO THEM?

    I am a fourth-generation lawyer at my family’s legacy firm, Leslie & Khettry. I graduated from National University of Juridical Sciences (NUJS) in 2013 and then pursued LLM from University College London (UCL).

     

    TELL US ABOUT YOUR OPTIONS AFTER GRADUATING FROM SCHOOL. DIDN’T YOU THINK OF THE CONVENTIONAL DEGREES IN ENGINEERING AND MEDICINE?

    Any other field of study was never in my mind. Since my forefathers have been lawyers, the legal profession has always been in my blood. I took CLAT tuitions from the eleventh grade and managed to get an all India rank of about 100. My backup plan was to pursue BCom (Hons) from St. Xavier’s College, Kolkata where I gained admission and then do a three year law course in case I did not get into any of the top law schools in India which have a five year integrated law program.

     

    WHAT CO-CURRICULAR ACTIVITIES DID YOU PARTAKE IN NUJS?

    I was not much into the traditional co-curricular activities in law school such as debate or mooting (except for the compulsory ones). Instead, I was involved in entrepreneurship and practical lawyering.

    Under the aegis of Prof. (Dr.) Shamnad Basheer, I got an excellent opportunity to work for P-PIL (Promoting Public Interest Lawyering) where we provided law students an opportunity to get hands-on experience of practical lawyering. We worked on issues ranging from human rights, education to regulatory lapses.

    Under the able guidance of Prof. (Dr.) Basheer, I also got the opportunity to work in the policy arm of IDIA (Increasing Diversity by Increasing Access) that aims to empower underprivileged children by providing them access to legal education. Pursuant to the policy paper that we submitted to the CLAT Committee, various changes were made in relation to the conduct of the CLAT exam.

    I also started the first of its kind international peer-reviewed Journal of Telecommunication and Broadcasting Law (JTBL) for NUJS. Whilst in college, I ran the journal for two years and we were able to get Lexis Nexis as the publisher.

    Along with another friend, we also conceptualised India’s first legal citation system, the Standard Indian Legal Citation (SILC). Unfortunately, most law schools and journals in India follow legal citation systems that are not indigenously developed and are not comprehensive guides for citing Indian legal sources. The freely available SILC solves that problem.

    Then of course, I also spent time in planning and developing Lawctopus (an online portal dedicated to law students) along with the other co-founders. I feel proud that five students from NUJS were able to produce a website that has helped a large number of students in myriad ways.

    In addition, I worked as a researcher for a global LPO during my spare time. I also tried making NUJS a more prominent institution in the legal industry. For instance, a friend and I were able to convince the Vice-Chancellor in our second year to change the academic calendar of the University to allow for students to do 3 internships in a year which required in-depth study and galvanising great amount of support from the student body and faculty.

     

    AS A LAW STUDENT, YOU CONSISTENTLY EXCELLED IN ACADEMICS AND BAGGED GOLD MEDAL IN YOUR BA LLB (HONS) COURSE FROM NUJS. WHAT IS THE MOST IMPORTANT TIP THAT YOU WOULD LIKE TO SHARE WITH LAW STUDENTS FOR CONSISTENTLY EXCELLING IN ACADEMICS?

    Discipline, focus and determination are some of the keys to excel in academics. Achieving good grades or being a rank-holder is an important byproduct that helps in numerous ways such as opening several avenues in your career. However, it is not the only means and what matters most is the knowledge that you gain and how you use it.

     

    YOU SUCCESSFULLY COMPLETED ABOUT TWELVE INTERNSHIPS IN YOUR 5 YEARS OF LAW SCHOOL. PLEASE TELL US HOW FAR DID YOUR INTERNSHIPS HELP YOU IN YOUR CAREER AFTER YOUR GRADUATION? HOW WOULD YOU RECOMMEND THE PRESENT LAW STUDENTS PLAN THEIR INTERNSHIPS?

    I tried to gain wide experience through internships and accordingly interned at a mix of places such as some of the biggest corporate law firms in India, judges of Hon’ble Supreme Court of India and Hon’ble Delhi High Court, eminent lawyers such as Ram Jethmalani, the office of additional solicitor general of India and NGOs amongst others. The variety of places meant doing different kinds of work which helped me get a flavour of the innumerable areas of law and the kind of work that I enjoyed doing. This immensely aided in shaping my career path.

    To law students, I would suggest to try and do as many internships as possible. It will not only help in gaining practical experience but also an understanding of their likes and dislikes. Since the capacity in many places is limited, I would recommend that they plan the internship at the place of their choice well in advance.

     

    PLEASE TELL US ABOUT YOUR DECISION TO PURSUE AN LLM AT UCL. PLEASE SHARE SOME ADVICE ON ACING THE APPLICATION REQUIREMENTS AND PROCEDURE FOR UCL? DID YOU RECEIVE ANY SCHOLARSHIP OR WHETHER UCL PROVIDE STUDENTS WITH SCHOLARSHIPS?

    Much to my surprise, the partners at various law firms that I interned at, did not agree with the concept of LLM or higher education. According to them, it is a waste of time, money and does not yield any benefit in relation to practice in India where the environment and laws are different. However, my cousin who lives in the UK convinced me of the benefits of a post-graduation degree from the UK such as an opportunity to be part of a global network, acquiring a deeper understanding of the law, better educational qualification, etc.

    As far as the application process goes, I received enormous help from my friends, family, well-wishers and professors. UCL does provide scholarships to students, however, I did not apply for it.

    To fellow applicants, I would advise that they seek guidance from someone who has been through the process with success rather than taking half-baked ideas of those who have never been through the application process. I would also recommend that they spend a great amount of time in preparing their applications meticulously and not work on them in haste.

     

    YOU HAVE BEEN THE FOUNDER/COFOUNDER OF VARIOUS VENTURES INCLUDING THE LAWCTOPUS, P-PIL, JTBL AND SILC. WHAT INSPIRES YOU TO TAKE UP THESE NEW VENTURES?

    Each venture is the result of efforts of several others and a gap in the industry that needed to be filled. When we started Lawctopus, there was no website that offered information on the various opportunities available to students or an insight into how their internship experiences at various places have been. The portal helps law students and aspirants make informed choices.

    Similarly, for P-PIL, we wanted to create a platform from where students can get an experience of practical advocacy which unfortunately is not fully achieved with the current system of mooting in law schools.

    JTBL was the result of lack of any journals devoted to the ever-growing, vital and complex field of telecommunication and broadcasting laws. SILC was also conceptualised due to the absence of any indigenous citation methodology designed to cater to the reference of Indian legal sources.

    One of the major inspirations behind these ventures was Mahatma Gandhi’s oft-quoted phrase ‘Be the change you want to see in the world’. It is easy to remark that there is a problem or there is a lack of a better solution, nevertheless, each problem or the lack of a better solution is an opportunity that can be seized.

     

    WHICH SUBJECTS DID YOU TAKE IN YOUR LLM AND WHY?

    I have an enormous interest in finance and the financial markets. This led me to take subjects related to this field (such as regulation of financial markets, corporate finance and corporate governance) during my LLM. I also undertook a thought-provoking subject that focussed (amongst others) on the extraneous factors that influence a judge’s decision-making. Even during my law practice, I give a great deal of emphasis on the psychology of judges and analysing their orders and judgments before advising clients.

     

    PLEASE TELL US THE CHALLENGES YOU FACED IN STARTING YOUR OWN VENTURES?

    One of the biggest challenges has been to manage the teams and making sure they are performing their responsibilities in a timely manner. In addition, achieving consensus amongst other co-founders becomes challenging at times since they have their own ideas and vision about the venture.

     

    YOU WORK AS A PRINCIPAL ASSOCIATE AT LESLIE & KHETTRY. WHAT ARE YOUR MAIN TASKS AND WHAT ARE YOUR ROLES AND RESPONSIBILITY?

    Historically, Leslie & Khettry has been based out of Kolkata even though we regularly came to New Delhi for practice. Recently, though, we opened our office in New Delhi also which I am currently managing. My main responsibility is to grow our practice in New Delhi and cater to the needs of those requiring legal assistance in New Delhi.

     

    WHAT OTHER ACTIVITIES ARE YOU INVOLVED IN BESIDE PRACTICING LAW?

    I devote some amount of time in doing angel investments and meeting entrepreneurs and understanding their needs. I also enjoy engaging in new activities, be it learning a new language or an instrument or taking up a sport.

     

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

    Always be humble, logical and open to new ideas. Law changes its shape on a regular basis and therefore one must be flexible to adapt to the ever-growing field. I have noticed that professionals often casually call themselves an expert on a subject but there is a reason why lawyers are called practitioners. Also remember, the client is king and therefore their requirements and service to them should take top priority. One must also be ready to toil no what part of the career they are at in order to survive and excel. It is therefore imperative that you enjoy the journey. In spite of best efforts, mistakes may happen but what is important is how you overcome and handle them. There is always scope for improvement in whatever one does.

     

     

     

  • Rahul Bajaj, Associate, Trilegal, on being awarded prestigious Rhodes Scholar, and making the Legal Ecosystem Disabled-Friendly

    Rahul Bajaj, Associate, Trilegal, on being awarded prestigious Rhodes Scholar, and making the Legal Ecosystem Disabled-Friendly

    Rahul Bajaj graduated in law from the  University of Nagpur in 2017. He has also secured the first position in the B.A. LL.B. course. He is the 2017 recipient of the prestigious Rhodes Scholarship. This scholarship is awarded only to five Indians each year to pursue their postgraduate education at the University of Oxford. He is currently working with Trilegal as an Associate.

    In this interview, Rahul talks about: –

    • His journey towards becoming a Rhodes’ Scholar;
    • Encouraging more persons with disabilities to join the legal profession and;
    • His recruitment at Trilegal

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    First of all, thank you very much for giving me the opportunity to share my thoughts on your wonderful platform. I have never been one for crisp and pithy writing, but I’d say that I’m a 24-year-old lawyer from Nagpur. I enjoy reading, travelling, acting a little silly from time to time, learning about new cultures and swimming (although I barely know how to swim).

     

    WHAT WAS YOUR FIRST REACTION ON LEARNING THAT YOU ARE BEING AWARDED THE PRESTIGIOUS RHODES SCHOLARSHIP? DO YOU RECALL THE FIRST FEW DAYS AND THE INTERVIEW? WHAT INSPIRED YOU TO APPLY?

    You’ve packed a lot of things into that question. Let me answer your question in a chronological order, based on the order in which each of these events took place.

    I had no plans of applying for the Rhodes when the application window opened last year. In fact I didn’t even know when the application window opened until I decided to apply. While I have always viewed myself as someone who is sure-footed and confident about their abilities, I didn’t think I had any chance of getting the Rhodes. This was principally because of two reasons. First, I didn’t go to an NLU, and almost all Rhodes Scholars from the field of law, in the last two decades have been NLS or NALSAR graduates, with some notable exceptions. Second, I wasn’t sure if the selection committees were prepared to select a student with a disability, not just because of stereotypes, but also because of the very concrete limitations my disability poses and tackling them, even in Oxford, would entail time and effort. I think my inhibitions are best captured by what James J. Barnes, the first blind person to get the Rhodes says in his memoirs:

    “… I know that I can take no credit for blazing the trail, but I have always given my selection committee members, both at the regional and state levels, much appreciation for not eliminating me out of hand. Clearly they looked behind the superficial but very real limitations I possessed and judged the whole personality.”

    My friend, Dhruva Bhat, who got the Rhodes in 2016 was the first person who encouraged me to apply. I then consulted another close friend who told me that there was no one more deserving to get the Scholarship. So I figured that there was no harm in applying and, given that the Scholarship had been awarded to a student from a relatively low-ranked NLU the previous year, my chances were not unquestionably foreclosed.

    The interview panel for the final round was headed by Gopal Krishna Gandhi who went out of his way to make all interviewees feel comfortable and at ease. I had prepared very rigorously for the interviews, with many rounds of mock interviews, so I found the actual interview to be quite manageable from that standpoint.

    My first reaction was one of complete disbelief, followed by unrestrained elation, followed by the recognition that this is just one milestone on a long road.

     

    HOW DID YOU GO ABOUT WRITING YOUR RÉSUMÉ AND MOST IMPORTANTLY, YOUR STATEMENT OF PURPOSE FOR RHODES SCHOLARSHIP? WOULD YOU LIKE TO SHARE YOUR SOP WITH US?

    Insofar as the resume is concerned, I just modified the resume that I already had to fit their requirements; I structured it in such a way as to make good the point that I meet the four criteria that they look for. Insofar as the SoP is concerned, I thought long and hard about how I wanted it to be. Instead of sharing the text itself, I think it would be more helpful if I share the process of crafting it.

    I wanted to not only highlight my accomplishments and successes, but also make the point that they were all achieved despite being blind since birth. Some might read this and think that I was playing the ‘blindness card’, but my thinking is that someone who has achieved the things that bring you within the zone of consideration for the Rhodes despite being blind has definitely had to work a lot harder to mitigate the impact of a significant objective impairment. So I began my SoP by talking about the challenges that I faced as the first blind legal intern at the Supreme Court working for a judge, through an anecdote. Against that backdrop, I outlined my relevant accomplishments in the areas of IP and constitutional law, in which I am most deeply interested, and closed by trying to drive home the point that my accomplishments, coupled with the odds that I have had to face in achieving them, make me a great fit for the Scholarship.

     

    DO YOU NEED TO HAVE RECOMMENDATIONS AS WELL? WHAT KIND OF PROFILE IS NEEDED WHILE APPLYING FOR THE SCHOLARSHIP?

    Yes, you need six letters of recommendation – preferably three academic and three extracurricular. I chose my referees in such a way as to be able to make a cogent and compelling case for the proposition that I met all the four criteria that they look for – intellectual ability, ability to use your energy to the full, ability to empathise with and protect the weak and moral force of character and instincts to lead. My referees were Professor Shamnad Basheer, Swaraj Barooah, Justice UU Lalit, Professor Shirish Deshpande, one of my law professors who is himself blind, my constitutional law professor who I’ve described in response to a subsequent question, Professor Varsha Deshpande and my school principal.

    I think anybody who feels that they meet these four criteria should give it a shot, despite whatever grave flaws they might feel their profile suffers from.

     

    WAS THERE ANY INTERVIEW ROUND? IF YES, HOW WERE YOU PREPARED TO FACE THE PANELISTS? WHAT KIND OF QUESTIONS WERE YOU ASKED?

    Yes, there were two interviews – one technical and one final. The technical interview focuses on questions about: (a) your areas of interest in the field of law; (b) your general legal ability; and (c) your awareness of topical legal and sociological issues. As I mentioned earlier, I had done a lot of mock interviews – in fact with three of the five scholars from the previous year that were very invaluable.

    In the technical interview, I was asked such questions as a question about a piece of research that I did in my internship with Justice Shakdher of the Delhi HC; why I got involved in IDIA’s programme for students with disabilities and what structural barriers they faced; how I thought IP and human rights could be balanced, based on a paper that I had written; if I thought that studying in my home town was a compromise that I had to make; and if my disability should form part of the calculus when assessing my candidature.

    In the final round, I was asked such questions as my views on the right to be forgotten which I had written about and unenumerated rights in general; my internship for Justice UU Lalit of the Supreme Court; the one fundamental transformation in society that I’d like to see; what my future plans were; and my interest in learning languages.

     

    WHAT WAS THE SELECTION PROCESS LIKE? WHAT WAS THE MOST CHALLENGING PART OF THE PROCESS? HOW DID YOUR LAW SCHOOL EXPERIENCE HELP YOU IN THE PROCESS?

    The process is divided into three parts – written submissions, followed by two rounds of interview, the details of which I have sketched above. The most challenging part, for me, was making the decision that I wanted to apply.

    As for my law school experience, I got a lot of flak when I said in my interview to Bar and Bench after getting the Rhodes that my college, Dr. Ambedkar College of Law, has a lot of scope for improvement and the manner of functioning leaves a lot to be desired. While I continue to maintain that belief, I think I would be doing a huge disservice and injustice to some teachers in law school if I don’t make a mention of their contribution in shaping my thinking as a lawyer. We had an excellent constitutional law professor, who, despite the dispiriting college environment, taught constitutional law with a tremendous amount of energy and passion and unparalleled power of articulation and helped cultivate my love for the subject. We had another great professor who taught us legal language and writing and labour law and devoted significant effort into helping us appreciate the nuances of the subject matter that we were taught. We had a couple of other good professors, too.

    Notwithstanding the above, I think traditional law colleges, such as mine, are characterised by institutionalised mediocrity, as Dr. Manmohan Singh once said. For a student of law who is interested in honing their legal skills and acquiring a deeper appreciation of the law, nothing can be more demotivating and frustrating than having to return home day after day after day because the college doesn’t want to conduct classes for some or the other specious reason or the students and teachers who help perpetuate this culture aren’t taken to task. I don’t say this to demean anyone or because I have an axe to grind, but because I think that there’s no point in the platform that I have been privileged to have been given by virtue of getting this Scholarship if I can’t use it to make a contribution, howsoever insignificant, in helping foster conversation on the issues that I care deeply about and sow the seeds of change.

     

    WHAT ARE YOUR PLANS AFTER YOUR POST-GRADUATION? WHAT KIND OF CAREER DO YOU ENVISAGE AFTER GRADUATING FROM OXFORD?

    I’d like to litigate in the areas of constitutional law and IP law. I’d also like to pursue a career in policy formulation alongside litigation.

     

    WHAT FIELD OF LAW DO YOU INTEND TO PURSUE AT OXFORD AND WHY?

    Constitutional law, human rights and intellectual property. These are the areas that I have developed maximum interest in, by dint of the opportunities that I have had in my career thus far.

     

    DOES THE UNIVERSITY OF NAGPUR PROVIDE EQUAL OPPORTUNITIES TO PERSONS WITH DISABILITIES?

    You see, back in 2012, my family and me didn’t think that an NLU would have the wherewithal to accommodate a student with a disability. The only example of this happening was Moiz Tundawala, who had gone to NUJS and is in fact a resident of Calcutta, so he was a day scholar there. I have always attached great importance to maintaining high standards of excellence in academics. I was not sure an NLU would have an enabling environment to facilitate this. As we saw it, the choice was between being relegated to the fringes at a leading law school and thriving at a lesser known law college where I would have easier access to resources and more time to build my career in the manner in which I wanted to. Further, while it may have been possible for me to adjust, as I eventually did in the Supreme Court, the Delhi High Court, and several other places where I have interned, I was not the person then that I am now, so I didn’t really push the envelope on going to an NLU as assertively as I perhaps should have, in hindsight.

    Our concerns back then weren’t unfounded. Even today, the students with disabilities who are at the NLUS aren’t exactly welcomed with open arms. From faculty members who grudgingly accommodate disabled students at best and make them objects of pity or refuse to accommodate them at worst to registrars and staff members who adopt an adversarial approach when dealing with their needs; from peers who quietly distance themselves from you and are unable to embrace someone who is difference due to ignorance or prejudice to inaccessible infrastructure, the challenges faced by the disabled are large in number.

    That said, change is afoot in many places and we will hopefully see things improve. NLSIU recently admitted the first totally blind student in its 32-year-history and their Law and Society Committee has taken the lead on sensitising all stakeholders about the needs of the disabled.

    Insofar as my own college experience is concerned, as I studied in my hometown, I had access to all the resources I needed to study independently, which is what my legal education mostly boiled down to. My professors were also as helpful as they could be.

     

    WHAT IMPROVEMENTS DO YOU SUGGEST THAT THE COURTS NEED TO MAKE FOR ENCOURAGING MORE PERSONS WITH DISABILITIES TO JOIN THE LEGAL PROFESSION?

    That’s a very loaded question and probably warrants a separate interview. The challenges are many, and most notably include: (a) inaccessibility of documents, even digital documents; (b) inaccessibility of legal databases; (c) accessibility barriers on court websites; (d) absence of an institutionalised frame work to accommodate disabled lawyers; and (e) inaccessible physical infrastructure, lack of human assistance in courts and overcrowded courts in which even a sighted lawyer would struggle to find their way, let alone someone who is blind. People tell me: now you have digital access, doesn’t that solve your problems? The answer is that digitisation, if not configured with accessibility in mind, can help create and perpetuate barriers rather than breaking them down.

    I have filed an application in the Supreme Court to help effectuate some of these changes. You will hopefully hear about it soon.

     

    HOW DID YOUR RECRUITMENT TAKE PLACE AT TRILEGAL? IS TRILEGAL A DISABLED FRIENDLY PLACE?

    My recruitment happened by virtue of a PPO that I got after my internship at Trilegal. The answer to your second question would unequivocally be in the affirmative. I can cite several examples of the initiatives that they have taken for me: buying for me a more efficient OCR software; a computer that works better with my screen reader; and encouraging me to figure out ways of doing all the things that my able-bodied counterparts are expected to do.

    As a disabled legal professional, one obviously faces a variety of challenges, given that the working of the profession and the courts is not structured with you in mind. Despite this, Trilegal has done everything possible to accommodate me as fully as they can.

     

    WHAT WOULD BE YOUR ADVICE TO OUR YOUNG READERS WHO WOULD LIKE TO APPLY FOR RHODES SCHOLARSHIP IN FUTURE?

    I am not old or wise enough to give career advice to anyone. What I would like to close with is this beautiful quote from Marianne Williamson, which more eloquently and forcefully conveys my thinking:

    “Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness that most frightens us. We ask ourselves, Who am I to be brilliant, gorgeous, talented, fabulous? Actually, who are you not to be? … Your playing small does not serve the world. There is nothing enlightened about shrinking so that other people won’t feel insecure around you. We are all meant to shine, as children do… And as we let our own light shine, we unconsciously give other people permission to do the same. As we are liberated from our own fear, our presence automatically liberates others.”

    You may dismiss that as a lofty and cheesy expression of sentiment, divorced from the way the world actually works. But I think it conveys a profound message which is this: unless we are able to come to terms with the proposition that we have within us the capacity to achieve our goals and break down the barriers holding us back, how can we ever hope to convince others or translate it into reality?

    So my short message would be that, instead of focusing too much on the cards that you are dealt, try focusing on how best to play them; instead of focusing on what you cannot do, try focusing on what you can. This can hold one in good stead for pursuing any meaningful endeavour, and the Rhodes is no exception.

     

     

     

     

  • Yashvardhan Rana, on building his career in Intellectual Property Law being a top emerging lawyer and his passion for writing

    Yashvardhan Rana, on building his career in Intellectual Property Law being a top emerging lawyer and his passion for writing

    Yashvardhan Rana graduated from Symbiosis Law College, Pune in the year 2013 after which he pursued LLM in IPR from QMUL. He also pursued a certificate course in International Commercial Litigation and Arbitration from London School of Economics and Political Science. He is currently working with Inttl Advocare as an Associate.

    In this interview we speak to him about:

    • His Master’s degree from QMUL, London;
    • Tips on application requirements, procedure and writing SOPs;
    • His role and responsibilities as Associate at Inttl Advocare

     

    HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

    What matters is what you are from inside not something that can be portrayed by a bunch of adjectives attached to a string of sentences. You would have all witnessed the usual introductory lines till date. By now you must be thinking that I am trying to be different from my peers. But NO. I wouldn’t pull of some set of words out of my hat to describe myself and ask for your indulgence to know about me, but rather I would like to draw your attention to the various experiences that have shaped me as a human being. Human, first. Being myself, later. Being Human, is it? To cut the long story short – a hard worker like everyone else (smart work is the “in” thing – getting there..), believer of karma, football fanatic, adventure sports enthusiast, a law abiding citizen of this country – leaving out the sins committed in college life and the one who manages to show his passion for the world and for exploring it. Above all, what matters is how much you give back to the society (in terms of bringing about social impact and attitudinal change across all sectors), how much name and fame one can accumulate – social status, and the color of money you’ve stacked up for your descendants. Out of all the aforementioned indicators, I stand pretty meek as compared to the visionaries out there.

     

    WHY DIDN’T YOU OPT FOR THE CONVENTIONAL DEGREES IN ENGINEERING OR MEDICINE?

    “Have you got what it takes to lead in a diverse world?” Well, to start off with I chose law as my undergraduate degree to enrich myself of varied laws governing us and but of course – analytical skills.

    My academic and professional choices were driven by my continuous search for a fulfilling academic and professional life and what better way to take the path of law as opposed to the conventional degrees in Engineering or Medicine – as rightly pointed out. One other major factor was the sight of my father all dressed up as a lawyer and witnessing his gleaming personality – day in and day out since boyhood. My father’s hard labor and his savoir faire as an advocate appealed to my childhood dreams. My perspective on life changed when I closely observed my father, Mr. Mahendra Rana, work as an advocate in his Delhi High Court chambers and the one attached to our house.

    My entrance into this profession began after pursuing B.B.A., LL.B. (five year integrate course) from my Alma meter Symbiosis Law School, Pune in the year 2008. My yearning for specialised legal knowledge persuaded me to attain an LL.M. from Queen Mary, University of London, one of the top universities in the World in the field of Intellectual Property Law.

     

    ARE THERE ANY MEMORABLE MOMENTS OF LAW SCHOOL, WHICH YOU WOULD LIKE TO SHARE?

    I wish I could travel back in time to be with my friends with whom I cherish fond memories. At the risk of stating the obvious, I would say I had the time of my life at college. Not only because Symbi is a very good academic institution, but especially the diverse culture, unrestricted environment and the open-mindedness to learn which helped us to assimilate over a period of 5 years, was second to none. I was an introvert before college; the place played an important role in shaping my individuality, ethics, and set of values. I particularly savor the amiable camaraderie, especially at display in our apartments and college canteen (also the one at yards length from our college); all of us would bond together with our collaborative efforts through the chaos of assignment submissions and last minute exam preparations. I owe a lot of credit to these beautiful people for what I am today.

     

    HOW WAS YOUR FIRST YEAR AFTER GRADUATION AND WHAT WERE THE CHALLENGES THAT YOU FACED AS A YOUNG ASSOCIATE?

    In our ever-more inter-disciplinary world, innovations and laws inform and influence each other, ultimately emerging in response to each other. Generally speaking, Law is an ever-evolving subject of expertise and it takes a few months before a fresh graduate is of any use for an experienced lawyer. There is a fair bit of truth in the first half of this reason. The irony however is that the Bar Council of India, which is a body of several accomplished lawyers, regulates law schools. So basically, lawyers decide what/how law will be taught, only to (rightly) claim later that the training imparted by a system they regulate isn’t good enough. To enter this so-called world of uncertainty, I prepared myself for this and approached the IP Law firms I had interned with along with some other notable law firms. I would say that I got lucky with the firm that I had interned with and got through that, in turn becoming a trainee associate over there for a period for 2 years approximately. I got an overview about how to climb the ropes of law and the continuous persistence required to become a successful lawyer. I was involved in matters pertaining to Trade Mark and Copyright Law particularly and from the very start I was given the chance to accustom myself of what lies ahead being thrown in the deep blue sea comprising of big fishes catering to hungry sharks involving high stake matters. I also got to brief the owners of Haldiram’s and an eminent lawyer like Mr. Shanti Bhushan, along with my senior as Mr. Amarjit Singh was unavailable and, which in itself were enriching experiences.

    In the stifling hustle-bustle inside and outside the courtrooms, inspiration from stalwarts, restless clients, and legal professionals, I found my place. In countless other landmark judgments, I found my inspiration. And in the field of IP, I believe I can find the knowledge, and thus the power, to make my cause a reality.

     

    WHAT MADE YOU GO FOR FURTHER STUDIES?

    After amassing adequate knowledge about the rudiments of law through the various cases I was involved in over the first 2 years as an Associate as part of an Intellectual Property Firm, and having a small taste of how the law shapes its’ citizens, I planned to undertake a much more critical examination of the written words that were crafted to dictate our behaviour by involving myself handling varied contentious and non-contentious matters. Being fortunate enough to acquire the necessary expertise and acclimatising myself through Work experience, Diploma and Certificate courses from various avenues that beckon, I realised that I need to build up a sense of intellectual ability in me and arm myself with the various techniques of analysis and develop a sense of multi-disciplinary approach in a diverse environment that would in turn help me grow and broaden my perspective. That is what I yearned for to happen to me and to become a part of a university wherein I encountered the best minds engaged in immutable discussions whilst intrigued in understanding not just the theoretical foundations of law and society but also its new and emerging trends. This urge led me to search for an edifying journey with a stellar reputation for producing the best minds in the world of Intellectual Property Law. It did not come as much of a surprise that “Queen Mary University of London” fits that criteria, and, in one of the more surreal twists in my life, I decide to take the plunge and thus, applied for further studies.

     

    SHARE SOME ADVICE ON ACING THE APPLICATION REQUIREMENTS AND PROCEDURE FOR QMUL?

    Applying to an LL.M., whether at QMUL or elsewhere, requires some amount of dedication to craft and connect the dots. The key is just to start early (by early I mean – at the very beginning) in the admission cycle – get the referees to send in their recommendation letters (from a notable professor, judge or your college principal would go a long way) and the universities in India to send in the transcripts etc. After that, it’s about writing a solid statement of purpose. I think the SOP requires painting a vision about your future and how well you are aware on how to tread the path of endless opportunities without blinking your eye. Also, writing an SOP requires demonstration of a certain skill set, aptitude and coherence to be able to delineate and sell what you envision for in about 2-3 pages.

     

    WHAT LED YOU TO CHOOSE IPR AS YOUR SPECIALISATION?

    The world of brands have always fascinated me since my childhood as I’ve seen my father patronising various well-known brands from multifarious departmental stores in every nook and corner all over the world on his vacations (he does not like to shop in India). This routine was followed on every vacation that he took us to and I accidentally got immersed and it had further captivated me to dwell into the world of brands like never before. On another note, I also used to read his files at night in our house chamber of matters pertaining to high stake trade mark law matters almost twice or thrice a week in my college holidays. Since I also had an inclination to become a lawyer from my boyhood days and Intellectual Property Law was booming in India, I chose IPR as my specialisation and further wanted to create a niche for myself in this ever-intriguing field of law.

     

    TELL US ABOUT YOUR INTERNATIONAL EXPOSURE AND EXPERIENCE.

    In my view, it was an exhilarating experience as it broadened my horizons/perspective to a next level altogether. I met a lot of people from diverse backgrounds and countries. It also gave a deep insight into the workings of different legal regimes in different jurisdictions.

    I have, and shall always maintain unconditionally, that my year as an LL.M. student at QMUL was easily one of the very best years of my life. It gave me a lot more than just a degree: I had arrived to join a year-long course and to earn myself an added qualification with an incredible enlightenment, priceless personal growth, lifelong friends and long lasting memories. Intellectually, it endlessly challenged me to simultaneously learn and unlearn, and amplified my personal growth to help birth a broader view and perception I wouldn’t hitherto have considered myself capable of.

     

    PLEASE TELL US ABOUT YOUR CERTIFICATE COURSE IN INTERNATIONAL COMMERCIAL LITIGATION AND ARBITRATION FROM LONDON SCHOOL OF ECONOMICS AND POLITICAL SCIENCE. IS IT USEFUL IN YOUR PRACTICE.

     

    It definitely is! I quote “It takes a distressing incident for us to step back and retrospect. Until then, we relish being one among the herd.” It feels comforting having someone resonate your outlook. It was this moment when I realized the importance of having an all-round approach when it comes to learning. The subject “International Commercial Litigation and Arbitration” per se did not directly cater to my growth as an IP lawyer; however, it invoked a sense of understanding the law in its complete sense. Litigation and Arbitration play a key role in delivering speedy justice and what better way to supplement my knowledge in IP and have an added advantage over my peers. This course offered a concise introduction to the legal challenges relating to the international dimension of litigating commercial disputes, both before state courts and in arbitration. London being one of the most important centres for commercial litigation and arbitration in the world, the course focuses on the relevant English and European Union law, invoking experiences from other jurisdictions where useful.

     

    PLEASE TELL US HOW DID YOUR APPOINTMENT TAKE PLACE AT INTTL ADVOCARE.

    I joined Inttl Advocare in April 2017 after working at Amarjit & Associates (IP Litigation) and Lall, Lahiri and Salhotra (Trade Mark prosecution department), as an Associate, Trade Mark, Copyright and Design Prosecution, and have been with this stellar firm ever since. I had zeroed down on Inttl when I was applying to the best of IP firms in India and applied without any further delay. The doyens of IP law namely – Mr. Hemant Singh, Managing Partner and Mrs. Preetika Singh, Senior Partner and Head of Trade Mark, Copyright and Design Prosecution, instilled more confidence in me to apply here blindly without taking a second opinion. Thus, I got a call from there after my interview was conducted which comprised of a basic questionnaire, writing a short essay on a contemporary topic in the field of IP Law and 2 hour long face to face interview. I assure you of that this is the best place where one can hone their skills and concepts to the maximum in the field of IP in India, thus enabling you to reach greater heights within that setup in order to deliver results effectively and efficiently in turn making you into a versatile IP Attorney.

     

    AS AN ASSOCIATE IN INTTL ADVOCARE, WHAT ARE YOUR ROLES AND RESPONSIBILITIES?

    Being an Associate in one of the leading IP firms in the country is obviously very demanding involving challenging tasks on a daily basis that push you to your limit. It, however, encourages you to focus, grow, adapt and respond to new challenges and opportunities every day. I am a part of the Trade Mark, Copyright and Design Prosecution team and contribute religiously to this practice of the firm for multinational corporations based out of abroad and Indian clients across the board. I am currently responsible for conducting availability search for the purpose of registrability of trademarks along with providing legal opinion paving the way for smooth adoption and use of the trade mark by the clients. Also, I advise clients on trademark protection strategies, including drafting and filing reply to objections raised by the Trade Marks Registry, Copyright issues, Rectifications, filing and renewals of trade mark applications, attending hearings, Legal research and specific tasks relating to Design Law, Assignments etc. before the Trade Marks Registry. All this has to be executed in a timely and effective manner & to the satisfaction of our clients.

     

    HOW WOULD YOU SAY THAT AN INTERN COULD GENERATE A POSITIVE FEEDBACK IN THE LIMITED TIME THEY HAVE?

    Be committed, sincere, trustworthy, reliable and one should have the willingness to learn along with a host of other qualities to be an all round intern. Researching capabilities and thinking on your feet when asked a question are one of the major qualities that an intern should posses. There are no short cuts in life. Please try and get over the CV padding exercise do not end up interning with big firms without learning or contributing much. Before you start, ask as many questions as you want, understand the point well, make notes and do an exhaustive job. Be responsible with the work which has been delegated to you, don’t abandon the counsel uninformed. There are so many times that interns do not count themselves as a vital part of the system and tend to be careless. This often results into double efforts both of the counsel and that of the intern. Do not cut copy paste; rather analyze a point of law and discuss. If you get free time, spend some of it in the library or going through available precedents of past transactions.

     

    WHAT WOULD BE YOUR PARTING MESSAGE TO OUR READERS?

    You all would have heard about many great examples to follow. However, as a parting message, I would like to borrow a brief excerpt from an article titled as “The Path of the Law” written by Oliver Wendell Holmes, Jr. (was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932) published by the Harvard Law Review (10 Harvard Law Review 457 (1897)):

    “To an imagination of any scope the most far-reaching form of power is not money, it is the command of ideas. If you want great examples, read Mr. Leslie Stephen’s History of English Thought in the Eighteenth Century, and see how a hundred years after his death the abstract speculations of Descartes had become a practical force controlling the conduct of men. Read the works of the great German jurists, and see how much more the world is governed to- day by Kant than by Bonaparte. We cannot all be Descartes or Kant, but we all want happiness. And happiness, I am sure from having known many successful men, cannot be won simply by being counsel for great corporations and having an income of fifty thousand dollars. An intellect great enough to win the prize needs other food besides success. The remoter and more general aspects of the law are those which give it universal interest. It is through them that you not only become a great master in your calling, but connect your subject with the universe and catch an echo of the infinite, a glimpse of its unfathomable process, a hint of the universal law.”

    This thought again brings me back to the question that what I am going to do next and voila! The feeling of uncertainty and confusion is back. But just as law says – “Truth and Justice shall find its way through obstacles”, I definitely hope so would I.

  • Sonam Taneja, Programme Manager, Food Safety and Toxins, on career in indirect tax and Food Safety laws and policies in India

    Sonam Taneja, Programme Manager, Food Safety and Toxins, on career in indirect tax and Food Safety laws and policies in India

    Sonam Taneja graduated from ILS Law College, Pune, in 2010. She currently works with Food Safety and Toxins division at Centre for Science and Environment as programme manager. She has close to eight years of work experience. She also has expertise in Indirect Tax and has worked as senior associate at Lakshmikumaran and Sridharan.

    In this interview, she talks to us about:

    • Her role and responsibilities as Programme Manager –Food Safety and Toxins at Centre for Science and Environment
    • On career in Indirect Tax
    • Importance of mooting in college

    HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

    I am a lawyer, working in the field of food safety policy at one of India’s leading environment policy think tanks. I am passionate about laws and policies that impact the way we eat.

     

    WHAT FACTORS INFLUENCED YOU TO CHOOSE LAW AS A CAREER? WHY DID YOU CHOOSE ILS LAW COLLEGE FOR PURSUING LAW?

    I was a science student in school. While I enjoyed the logical approach in science studies, my interests lay in reading, writing, questioning and public speaking. Apart from engineering, I had applied for English honours and law at ILS Law College. ILS has always had a very good reputation, when I got through ILS, I just went for it!

     

    PLEASE TELL US ABOUT YOUR TIME AT LAW SCHOOL. HOW WAS YOUR APPROACH TOWARDS ACADEMICS WHILE IN COLLEGE.

    ILS has an ‘intellectually stimulating’ environment. There is a strong culture of senior students helping and mentoring juniors. ILS gave us the freedom to spend our time after classes the way we liked. I chose to be a part of several co-curricular and extra-curricular activities at college.

    Coming from a science background, initially, I found theory subjects challenging, but gradually caught up. I had always been an academics-oriented student and my scores did matter to me.

     

    HOW IMPORTANT ARE EXTRA CURRICULAR ACTIVITIES TO A LAW STUDENT.

    I think extra-curricular activities are important everywhere, every time in life. It helps shape a well-rounded individual. ILS has a very good culture of dramatics, dance, music and sports. It was an amazing experience for me to be a part of some of these and closely observe the others.

     

    YOU HAVE REPRESENTED YOUR COLLEGE AT PRESTIGIOUS MOOT COURT COMPETITIONS. HOW SIGNIFICANT IS MOOTING FOR LAW STUDENTS?

    Participation in moot courts can add a lot to one’s confidence in terms of public speaking, thinking on your feet and working under pressure. I have applied those learnings very often in my professional life.

    But then, nothing is a one-size-fits-all solution. I believe one should continue to get out of one’s comfort zone, whatever be the route. Moot courts were challenging for me and participating in them was my way of pushing myself.

     

    HOW DID YOU SECURE YOUR FIRST JOB? HOW IMPORTANT DO YOU THINK A HIGH CGPA/PERCENTAGE IS FOR RECRUITERS?

    I was interning at the Delhi office of Lakshmikumaran & Sridharan in my final year and that is when I got an offer. I think marks can reflect sincerity in a candidate to recruiters, but if I was recruiting, I would keep my cut-off for marks at just average and look for a candidate with the right attitude and a learning aptitude.

     

    WHAT WOULD BE YOUR ADVISE TO READERS WHO ARE INTERESTED TO PURSUE INDIRECT TAX IN THEIR CAREER?

    Indirect taxation has recently seen a makeover since the inception of Goods and Services Tax. I am not in the field right now, but for those interested, I think this would be a great time to be in the field and see a new law shaping up.

    Lawyers play a very crucial role in this field but atleast in ILS, taxation was an optional subject, indirect taxation being just a part of it. If one is interested, getting the exposure during law school by way of diplomas and optional subjects is a good starting point. Another crucial step is to plan internships with good law firms practicing the subject.

     

    HAVE YOU EVER FELT THE NLU AND NON- NLU DIVIDE? DO YOU THINK IT IS A CONSIDERATION FOR EMPLOYERS?

    Thankfully, no. LnS is a great place to work in many ways including this one. Hard work and merit is valued there and I didn’t feel any NLU and non-NLU divide.

     

    PLEASE TELL US ABOUT YOUR CURRENT POSITION AS PROGRAMME MANAGER, FOOD SAFETY AND TOXINS AT CENTRE FOR SCIENCE AND ENVIRONMENT. WHAT ARE YOUR ROLES AND RESPONSIBILITIES?

    I have been working in this position for over two years now and to say the least, it has been an amazing experience. I love the field of food related laws and policies. At CSE, I work on policy issues relating to organic farming and organic food in India, labelling and advertisement of packaged food, regulation of pesticides in India and pesticides’ residues in food etc. We closely analyse legal and policy developments relating to these subjects and based on our research of international best practices, we comment on new regulations and policies.

     

    WHAT ADVICE DO YOU HAVE FOR OUR READERS, WHO ARE PRIMARILY COLLEGE STUDENTS?

    Law is a beautiful field and it opens a lot of doors for us lawyers. It is crucial to love what you do and in order to know that, it’s a great idea to explore the professional options that being a lawyer gives you. College is a great time for that. It’s important to get out of your comfort zone and try new things.

    Prioritising and managing time is very crucial.

     

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

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

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

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

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

    In this interview we speak to Ms. Maini about:

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

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

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

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

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

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

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

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

     

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

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

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

     

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

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

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

     

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

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

     

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

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

     

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

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

     

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

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

     

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

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

     

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

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

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

     

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

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

     

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

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

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

     

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

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

     

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

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

     

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

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

     

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

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

     

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

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

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

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

     

    Credits : Mr. Manthan Nagpal for transcribing the interview.