Super Lawyer

Category: Associates, In-House Counsels and Advocates

  • Anupam Prasad, Partner, Indus Law, on studying e-commerce management, commercial law, and his experience

    Anupam Prasad, Partner, Indus Law, on studying e-commerce management, commercial law, and his experience

    Anupam Prasad graduated in law from NUJS, Kolkata, in 2006. He is currently Partner at Indus Law. Anupam has experience in general corporate and commercial laws practice. He has significant experience in drafting transactional documents and representing clients in structuring commercial transactions and in negotiations in areas pertaining to funds, private equity investments, joint ventures and mergers & acquisitions (onshore and offshore). Anupam has assisted numerous businesses on India entry strategies, including formation of corporations and provision of all related post incorporation advisory services and documentation.

    In this interview we speak to him about:

    • His time at NUJS
    • Studying management after law
    • His diverse experience

     

    How would you like to introduce yourself to our readers?

    I am a Partner at Indus Law, Mumbai. My core practice areas at the Firm are mergers & acquisitions, corporate & commercial advisory, joint ventures, fund investment, private equity and venture capital Investments.

     

    Give us a brief overview of your life at NUJS.

    Life at NUJS was formative, both for us as the students and the university, as we were only the second batch at NUJS. The initial years were very different and exciting at the same time, as NUJS was operating off a temporary campus, while the permanent campus was under construction. Being part of the Student Juridical Association (University’s student body), we were actively involved in the formulation rules and procedures for setting up various student run committees, etc, which was imperative for setting the working of the University for the years to come. There have been varied experiences which have been good as well as not so good experiences / incidents while at college, which I guess is all part of growing up. For the sake of brevity, I shall not get into any specifics.

     

    Is it absolutely necessary to moot or undertake paper publications in order to be a successful advocate?

    As young adults, law school provides a number of opportunities to be associated with – be it the moot courts, paper publications, literary and debating opportunities, cultural events, sports etc. It’s a great opportunity to hone one’s skills, and also figure where one’s strong suits lies. In this context, a law student should try and involve himself / herself with as many activities as possible. The objective to have a well rounded approach and which would certainly help as a professional as well going forward.

     

    What internships would you recommend to a student who also aspires to cull out a career for himself/herself in corporate law?

    As a law graduate, the career opportunities are immense – litigation, in house roles, policy work etc. Post a LLM degree, the opportunities increase further. As far as internships are concerned, a student should garner experiences in all possible forums–whether it be at courts, in-house, think tanks, NGOs etc. In my view, these are enablers to help a student decide the profession that they would want to pursue post graduation.

     

    Do managerial courses add value to the resumé of a practicing advocate?

    (As opposed to the conventional L.L.M, Anupam pursued his post-graduation in E-Commerce Business Management.)

    In my view that’s an unfair comparison. In reference to areas of practice, I do a fair bit of work in the e-commerce sector across verticals, which would include transactions as well as advisory work. While the focus is legal advisory, to understand the commercial and operation sides of the sector, I had undertaken the course and also for self learning, which is a continuous process. As professionals, the advice that we give, should make commercial sense to the client as well, and for it we need to understand the sector as well.    

     

    At what stage in one’s law school life must one pick a field to specialize in?

    Unless an individual is certain while he/ she is at the college as to the field of specialization that the individual would want to get into, in my view, the initial years at work would help in determining the field that one would want to specialise in. This is because there is a huge difference in the learning while we are in college and when we actually start working.

    I would suggest (which I have done myself as well) to broaden on’s base and get work experience in various verticals that one can get exposure to. In fact, many firms today have a policy to rotate the fresh graduates among the various teams in the firm. This will also help in honing varied skill sets. In fact, as a result of this philosophy, one would be useful resource should the markets are not doing well. For instance, I did a lot of employment and litigation related work in around 2008 – 2009, when the economy was stagnant  and on the transaction front, nothing much was happening.

     

    How has the journey been from being an Associate at NDA to being a Partner at IndusLaw?

    I started a career with NDA and was there for four years and then moved in Khaitan & Co, where I was there for little over three years. After Khaitan & Co, for a brief period I worked independently and did manage a small practice of my own. Since I was getting work, including on matters which were not my areas of practice, such as litigation, this is when I considered getting into an organisation setup. This is when I joined RDA Legal and was taking care of the Mumbai office of the firm. Having spent about three years at RDA Legal, I moved / merged my practice with Indus Law in Mumbai. While as an Associate the responsibility is getting the work done, as Partner, and in a leadership position, the responsibilities are varied, that include getting business, execution of matters, client interface, being responsible to and for the team, etc

    In my experience thus far, I believe there are opportunities for everyone. However, these are not so easy to come by and is a function of the ability to take the risk, persevere, to never give up, work hard, be humble, respectful, believe in yourself, stop self doubting  and then magic happens!

     

    What would you say are the most attractive features of the work culture in Mumbai with specific reference to the legal fraternity?

    I adore the work culture in Mumbai. People from the legal fraternity are generally professional, matter of fact and have elements of EQ as well, which in my view is very important.

     

    What is the level importance given to a student’s Grade Point Average with respect to recruitment at Tier-I firms?

    In my view, GPA is one among the other aspects that is important for recruitments. To the best of my knowledge, while GPAs do help firms for short listing the student’s for recruitment, it is the overall resume of students, in terms initiatives and activities undertaken by a student matter immensely as well. Further, on the days of recruitment, the interviews etc make the significant difference as well, and such recruitments may not have a bearing on the GPA scores. There is significant empirical data to show the Tier 1 firms have hired from the entire spectrum of students participating in the recruitment process, especially if the recruitments nan organisation have happened in large numbers.

       

    How do you handle your diverse client base?

    (Anupam has clients across several jurisdictions including USA, UK, France, Italy and UAE, i.e., both civil law as well as common law jurisdictions.)

    In this era of global economy and cross border transactions, it is not uncommon to have clients across several jurisdictions. On matters involving foreign clients, on issues which are local in nature, we are advised by the client’s local counsel. Also, while dealing with clients from varied jurisdiction, I wouldn’t say the process in reference to the transaction per se is not cumbersome. Each transaction has case specific set on issues relating to structural and legal challenges, etc. The other set of challenges are more in the logistics and execution side of things, especially in circumstances where there are multiple parties in multiple time zones.

     

    How does one go about writing?

    While I don’t write as often as I would ideally like to do, in my view, it’s a small way of contributing to society by sharing knowledge by writing these articles. I have mostly made efforts to write on issues that are contemporary in nature, so that it is most useful to the readers.

    Therefore, I would strongly recommend readers to write on topics which are contemporary in nature. Further, this is an excellent avenue to showcase thought leadership and connect with other professionals on topics of similar interest.

     

    Is there any other suggestion you would like to give to our budding lawyers?

    Enjoy whatever you do, especially the college life – study work, play hard. Do not get disheartened should things don’t work out, the way you may have planned – remain focussed, be humble, meet people/ network, be helpful and competitive (but in a right way)!

  • Paushali De Roy, Senior Consultant, Strategic Business Alliance, on LPO, her passion for writing, and working for a start-up

    Paushali De Roy, Senior Consultant, Strategic Business Alliance, on LPO, her passion for writing, and working for a start-up

    Paushali De Roy graduated from NALSAR University of Law, Hyderabad in 2011 and joined Ernst & Young (EY), Hyderabad as a campus hire. She has worked as a Consultant for their Indirect Tax practice. She later moved back to Kolkata and there she joined a legal process outsourcing start up – Strategic Business Alliance, as an associate. Paushali is currently located in Amsterdam, Netherlands where her organisation is intending to expand their business. Apart from law, she takes an active interest in creative and literary writing. She is a blogger and a published author.

    In this interview we speak to her about:

    • Her time in NALSAR
    • Her writing experience
    • Working at a startup

    Tell us about your time at NALSAR.

    I graduated from NALSAR in 2011 and I had my fair share of fun and frolic during the five years that I spent there. NALSAR was a melting pot of cultures, opinions and world views. I had the opportunity to interact with some of the best minds in the legal fraternity at NALSAR and that too at a very young age. Being a student of such a prestigious academic institution unquestionably gives you an advantage over your peers in the initial stage, but you also must justify the presence of such a brand name on your resume with your hard work.

    In my opinion, what matters in the long run is your dedication and expertise over your chosen area of work. I have worked with several brilliant people who are not from any national law university (NLU) and that has not been a hindrance towards their growth.

     

    What kind of internships did you undertake during your student years?

    I interned with NGOs, the State Human Rights Commission, advocates and individual practitioners, corporate legal departments and law firms during my student years. I enjoyed most of my internships and took them as an opportunity to learn even if it was about working on small odd jobs. They taught me how things worked out in the real world.

     

    Is it absolutely necessary to moot or undertake paper publications in order to be a successful advocate?

    I believe that every law student should have the freedom to chart out their own law school experience and things cannot be termed “necessary” or alike to be successful. One of the obligatory parts about the NLU culture was that one had to try out their luck in moot court activities but I did not enjoy the experience. I was more interested in legal research and related activities. I liked working on my semester projects and converted a few of them in research papers. They were published in reputed law journals like the Labour Law Journal and official University publications.

     

    Give us some insight into your blog and your work which you regularly publish there.

    I was always interested in creative writing and participated in various writing competitions and workshops during my school and college days. I started my blog when the concept of ‘blogging’ was at a very nascent stage in India. My blog is called – “The Big Bong Theory” and I write about everything – daily mundane chores, literary fiction or travel stories, in there. I write primarily in English but also in my mother tongue – Bengali.

    The blog’s Facebook page is also quite popular among my readers. Though I do not get to write often nowadays due to a very busy schedule, it is my window to the world ‘beyond law’. Apart from that, my blog has also given me the platform to be featured along with other famous bloggers and authors in various newspaper and media reports.

    My literary articles and stories have been published in several magazines and newspapers. In 2015, I also became a contributing author for an anthology of stories selected through a nationwide writing competition.

     

    Tell us about your experience with Ernst & Young.

    My stint with Ernst & Young (EY) will always remain special as it was my first job. I was selected through the campus recruitment process during my final year at college. I joined the EY, Hyderabad office as a Consultant for their Indirect Tax practice. My work primarily revolved around appearing for Indirect Tax hearings and drafting advices and memorandums for clients. I worked closely with a team of Chartered Accountants and it also involved a lot of number crunching. It was also a client facing job and I learnt my first essentials of client communication at EY.

     

    What motivated you to make the transition from a reputed establishment such as EY to a start up in Kolkata?

    As much as I loved the work environment at EY, I was gradually getting wary of being labelled only as an Indirect Tax practitioner. I wished to explore new things and the start up boom had just begun in India. I was taking a risk and it involved a lot of brainstorming since I was relocating back to Kolkata, which by popular perception, was not the perfect place for start ups. It also involved work in the Legal Process Outsourcing (LPO) or legal services sector, which was still then not considered to be the exact white collar job that a NLU graduate ventured into. But due to some personal reasons, coupled with an urge to do something in my own city and the promise of rapid growth in a very young work environment, I took the plunge.

    I must say my belief paid off and from a merely eight to ten members team when I joined in Strategic Business Alliance (SBA) India has not only grown in the number of head count or clients, we have also recently moved into a large and plush new office in Kolkata.

     

    Tell us more about the nature of work at an LLP, especially Strategic Business Alliance.

    SBA is a fully functioning Knowledge Process Outsourcing (KPO) firm and apart from our vibrant LPO division there are other divisions like Accounting and Legal Transcription. All the teams work in close proximity with each other and often there is a requirement of coordination between the teams as there is an overlap of scope of work.

    In the legal division, there are different sub teams working on different projects some of which require specific tool based knowledge or due diligence skill.

    I lead the legal drafting and research team and we often work on projects which require an application of mind along with balancing tight deadlines. On any given day, you may be drafting entire memos or reviewing multiple contracts and leases to prepare advices for clients while with using various research tools.

     

    What is the position you currently occupy at Strategic Business Alliance?

    I am presently working as a Senior Consultant with SBA and I am stationed in Amsterdam, Netherlands. In addition to my regular work responsibilities, I am presently getting involved in a lot of business development work as we are trying to set up a new office in Europe.

    My regular work day is a mix of daily calls and meetings with my core team members discussing work scenario. There are trainings and client calls also to be attended while keeping in mind the time zone differences. I am involved in a lot of client communication along with day to day hands on work which often needs to be completed on a strict deadline.

     

    What is the common misconception that keeps law students from taking up placements with LPOs?

    I believe there is no ‘perfect’ or tailor made fit for anybody in any profession or industry. Each one of us need to find what is the ‘better’ option for oneself by exploring all avenues. For me, the option of working at a start up worked out, but there was also risk of it not working out too.

    In regard to the misconception about working in LPOs, I have encountered junior team members coming in and thinking that we work only on tool based projects or ones where application of mind is nil. It is not necessarily so. From my experience, I can say that SBA has a very vibrant multi domain work culture where as a lawyer, your intelligence, coordination and time management is put to test, every day.

     

    Do you offer internships at Strategic Business Alliance, and how does one go about securing internships at LPOs?

    Yes, we offer internships at SBA. We have a simple application process whereby you can apply to the HR by emailing at – hradm@sbain.com.

    We have recently started offering permanent positions to interns who are in final year or just out of college, if we are happy with their performance during the internship period.

     

    What are the qualities sought after by LPOs in their prospective employees?

    I cannot speak about LPOs in general, but at SBA we look forward to recruit prospective employees who come in with an open, alert mind, are eager to learn and work in a team and have integrity.

     

    What other message would you like to put across to our readers?

    If you are a law student, do not run after that ‘perfect job’, as there is none. Explore opportunities, weigh in your personal choices and see for yourself what suits you the best. When you are working too, take breaks, travel often and do not ignore your family or personal commitments for professional ones. In my opinion, finding the right balance between the personal and professional, is supremely important.

  • Subhrarag Mukherjee, Regional Counsel, Hewlett Packard, on academic writing, and his diverse experience

    Subhrarag Mukherjee, Regional Counsel, Hewlett Packard, on academic writing, and his diverse experience

    Subhrarag graduated from NUJS, Kolkata, as part of their inaugural batch in 2005. He is the Region Lead Counsel for the Asia, Pacific and Japan (APJ) region for the Communications and Media Services (CMS) business vertical of Hewlett Packard. Prior to this role, he was the Country Lead Counsel for the Technology Services (TS) business vertical for India region. Prior to joining Hewlett Packard (HP), he had worked in some of the premiere law firms of the country in areas relating to general corporate advisory, labour laws, consumer matters, foreign exchange compliance, securities law compliance, media and communication laws, private equity etc.

    In this interview we speak to him about:

    • His role at HP
    • His diverse experience
    • Being an in-house counsel

    What inspired you to take up law? 

    I completed my Higher Secondary Education (Class XII) in the year 2000. Around that time the peer and parental pressure was completely aligned towards pushing students towards STEM discipline. We too went through the same peer pressure.

    However, I give full credit to my father for his foresight, as he encouraged me and my twin brother to consider law as the career choice. Around that time law was largely considered as a career choice to taken up by the non-serious and academically challenged students. This was primarily due to the quality of legal education that was being imparted in most law colleges in the country and only a handful of law colleges (especially national law schools) were providing the right ambiance and teaching methodology to encourage law students to take up law as a serious profession. My father took a lot of personal interest in understanding the new style of legal education that was being imparted in the national law schools and upon being convinced that it encourages students to develop a career in law he encouraged us to consider law as the career choice.

     

    Tell us a bit about your time studying law as an undergraduate student at NUJS.

    Studying law in NUJS was a very interesting experience for me. It provided me an opportunity to stay other students coming from diverse socio-economic backgrounds and pick up inter-personal and professional skills while pursuing academic interests in college.

    I was interested in moot court and was a part of the moot court team of my batch and have also represented the university at a national level moot court competition. I was also keenly interested in constitutional law and participated in various intra-colleges activities and competitions on constitutional law. I also have an interest in environment protection and was a member of the nature committee which organized various campaigns and events for promotion awareness about protection of the environment. I was also interested in writing academic papers and my articles on various legal topics have got published in numerous legal journals of national repute (like Labour Law Journal, All India Reporter etc). I was also interested in sports activities like football, cricket and badminton.

     

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

    Internship provides law students an opportunity to get a good first hand exposure of the practice of law. NUJS has a very structured internship programme. In the first year students were required to take up internship programmes in a Non-Governmental Organization (NGO). Starting from the second years were encouraged to take up internship with advocates and senior advocates in the High Court, Supreme Court and in law firms across the country. Following were the internships that I took up in NUJS:-

    1. March 2004 – Corporate Wing, Fox & Mandal, Noida
    2. April 2004 – The Chambers Of Law, New Delhi
    3. March 2003 – Mr. K.K Venugopal, Senior Advocate, Supreme Court Of India, New Delhi
    4. April 2003 – Late Mr. M.M. Banerjee, Former Advocate General, Jharkhand High Court, Ranchi
    5. March-April 2002 – Legal Aid Society, West Bengal, Kolkata
    6. March-April 2001 -Ramakrishna Mission Ashrama, Ranchi (NGO)

    My internships in the law firms Fox & Mandal and The Chambers of Law was a good opportunity for me to get a first-hand exposure of the working of a law firm and the role played by fresh law graduates and junior lawyers in the growth of law firms.

    Internship in the offices of Mr. K.K. Venugopal (Senior Advocate, Supreme Court of India) and Mr. Late Mr. M.M. Banerjee (Former Advocate General, Jharkhand High Court) was professionally enriching and a very humbling experience for me.

    Internship in Legal Aid Society West Bengal Kolkata and Ramakrishna Mission Ashrama Ranchi provided me an opportunity to understand the challenges faced by the socio-economically challenged classes of the society and the role being played by the civil society and India legal regime in their upliftment.

     

    What advice would you give students in avoiding a decision paralysis?

    In the initial years most law graduates go through this decision paralysis and only after having experienced a few career options through a trial and error process they finally decide on their appropriate path for career growth.

    My advice to law students is to objectively understand the challenges and opportunities of each career option and the key personality traits required to succeed for each of the career options – academics, in-house counsel, private practice, law firm counsel etc. Each career option has its own benefits and challenges and it is incorrect to state that one career choice is better than the other. One has to assess his personality traits and his professional and monetary compensation aspirations in order to decide the appropriate career option for professional growth.

    I too undertook this assessment and accordingly decided to take up in-house counsel role as the appropriate choice for career growth.

     

    Tell us about your early professional experiences at Sahara India and A.R.A. Law, Advocates & Solicitors. 

    Sahara India was my first job through the Campus Recruitment process of NUJS. We were the first batch of NUJS and each one of us had a certain number of interview options under the campus recruitment process. The first batch of every law school goes through the challenge of getting adequate number of companies and law firms to visit the college for campus recruitment so that a healthy number of students get a job offer through the campus recruitment process. Our situation was made more challenging by the fact that we almost had hundred (100) students in our batch looking for placement. However, the Recruitment Committee (including my NUJS batch mates who were a member of the said committee) left no stone unturned to ensure that a descent number of companies and law firms visit NUJS for campus recruitment. I sat for the limited job interview options that were available at that time. Sahara India was the first job offer that was confirmed to me and I decided to take the offer. The salary compensation that was being offered by Sahara India was one of the highest at that point of time. Sahara India provided me an opportunity to work on some interesting business projects of the company and engage in contract negotiation and drafting activities relating to these business projects.

    ARA LAW provided me an opportunity to shift base to the financial capital of the country and work in a highly professional work environment. This was the first time I was experiencing the fast-paced life of Mumbai and interacting with clients from across various industries – media houses, capital market intermediaries, banks, private equity players etc. I picked a lot of my legal analytical skills and business etiquettes from my stint at ARA LAW.

     

    What motivated you to quit your job at A.R.A. Law, Advocates & Solicitors and move to Trilegal?

    The main reason for me to move Trilegal was that Trilegal was offering me a very good compensation package. I was associated with Trilegal for a very short period but got important career and professional growth lessons during my time therein. Trilegal gave me an opportunity to work very closely with technology and media sector clients and get a good understanding of the legal issues and challenges of the information technology industry.

     

    What tips would you give students and young lawyers who are inclined to research and academic writing?

    (Subhrarag has authored papers in several fields of law including company law, labour laws, IPR, taxation, etc.)

    I chose areas of law on which the legal regime had either undergone a recent policy change or was subject to intense review by the legal and judicial fraternity. I would strongly encourage law students to consider writing academic papers on a regular basis. It provides a good opportunity to understand and critical analyse the legal regime on a particular subject of relevance and also helps strengthen the resume of the student for internship and job opportunities.

     

    Can you tell us about your time in HP?

    In my view the following requirements need to be met in order to develop a successful and satisfying career – (i) excitement about the work profile and the job; (ii) support, encouragement and guidance from senior members of the department; (iii) a reward structure that provides adequate compensation and career growth opportunities for the concerned individual; and (iv) a good working relationship and a sense of team spirit with other members of the team. I would encourage our young lawyers to consider these traits in deciding the appropriate organization for career growth.

    Hewlett Packard (HP) has provided me the right professional ambiance and support structure for my professional growth. I had the opportunity to work with senior members who encouraged me to lead and take ownership for my assignments. They have been very supportive and have provided guidance at various stages of my professional journey in HP.

     

    As the Asia Pacific & Japan Region Lead Counsel at HP, how did you work on developing a proficiency in multiple legal systems?

    This role gives me the opportunity to work with in-house counsels in the respective countries in the APJ region for review of key projects, deals and assignments and provide appropriate guidance to the team. It provides me an opportunity to understand the key legal and business challenges for each jurisdiction and provide appropriate advice to the business leadership team.This role also provides a closer insight into the latest developments in the CMS industry. I interact with the in-house counsel for the respective countries to understand and review the country specific key projects/deals/assignments and the related country specific legal challenges and decide on the appropriate response and risk mitigation strategy on the same.

     

    On what parameters do you choose the projects you work on? 

    The role requires me to have an oversight on key/critical/complex deals and projects in the APJ region and the key business and legal/regulatory issues being faced by the business and project teams and work with the country legal team to provide appropriate guidance to the business and project teams. I also lead certain special projects and assignments for the APJ region and certain key countries in APJ.

    Prioritization of work is an important trait that one needs to develop to perform this role in an efficient manner. One also needs to understand the extent of supervision that one needs to exert for the various projects and assignments that are being undertaken by the country legal teams on a day-to-day basis.

     

    What are the causes you feel strongly about?

    I have always felt that one needs to build a good team around him and motivate various team members to enjoy their work and to perform their tasks to the best of their ability and experience. In my previous role as the Country Lead Counsel for the Technology Services (TS) I took numerous steps to create a healthy work environment and encourage the team members to lead various key assignments and projects.

     

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

    During my initial years of my career at HP, I had the opportunity to work under experienced and supportive seniors. They helped me understand the nuances of the business and have guided me in my professional journey at HP. They encouraged me to take key assignments and tasks and lead the same under their supervision and guidance.

     

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

    The following books have inspired me and have helped shape my personality as a lawyer:-

    • To Kill a Mockingbird by Harper Lee
    • My Life in Court by Louis Nizer
    • The Firm by John Grisham
    • Crime and Punishment by Fyodor Dostoyevsky
    • And the Dead Shall Rise: The Murder of Mary Phagan and the Lynching of Leo Frank by Steve Oney
    • Roses in December by M C Chagla.
    • Nani Palkhivala: The Courtroom Genius by Soli J Sorabjee.
    • Before Memory Fades: An Autobiography by Fali S Nariman.

    Following judgments have been interesting and important to me as a lawyer:-

    1. KM Nanavati vs. State of Maharashtra 1961
    2. IC Golaknath vs. State of Punjab 1967
    3. Keshavananda Bharti vs. State of Kerala 1973
    4. Mohd. Ahmed Khan vs. Shah Bano Begum 1985
    5. Supreme Court Advocates-on-Record – Association and another vs. Union of India 1993
    6. Indira Sawhney vs. Union of India 1993
    7. SR Bommai vs. Union of India 1994
    8. Vishaka vs. State of Rajasthan 1997
    9. Aruna Ramachandra Shanbaug vs. Union of India 2011
    10. Lily Thomas vs. Union Of India 2013
    11. Novartis vs. Union of India 2013
    12. NALSA vs. Union of India 2014
    13. Shreya Singhal vs. Union of India 2015

    What are the key attributes that one must develop in order to succeed as an in-house lawyer?

    One of the most requirements for becoming a successful in-house lawyer is to have a good understanding of the business. It is also important to gain the respect and trust of business clients through smart, proactive and efficient handling of the matters on which business have approached legal for advice and support.

    Over the last few years, I have invested a considerable amount of time in interacting with members of various departments (like Business, Sales, Delivery, Finance, Tax, Global Revenue Recognition Organization etc.) to understand the specific legal/regulatory and business challenges and issues faced by the relevant department and identify the steps that need to be undertaken to address the said challenges and issues. I have also participated in discussions with internal and external clients for finalizing the contractual and project delivery structure and the governing terms and conditions for various types of information technology projects and this has helped me understand the unique legal and project issues for each type of business project.

     

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

    Outside law, I like playing badminton and swimming. I also enjoy listening to music.

     

    What are the challenges you have faced in building up your career as it stands today? 

    I see two main challenges in building my career as it stands today:-

    1. the alarming pace of technological improvements and innovations which is making the existing knowledge and understanding of business outdated/obsolete. Nimble enterprises/start-ups are coming up with new/improved business and service delivery models and are challenging the existing project delivery models of the big players in the industry; and
    2. artificial intelligence, data analytics and automation tools and software programmes taking care of legal research and legal review tasks.

    I keep a close watch on the latest developments in the legal and technology space that are affecting the information technology industry and keep updating my legal and business understanding accordingly.

    I think we should welcome the use of artificial intelligence, data analytics and automation tools and software in the legal industry. Data analytical tools and software will provide us objective data and information that we can use to identify opportunities for driving efficiencies in our legal support model.

    Artificial intelligence and automation tools and software will help take care of our low risk and routine tasks and thereby drive efficiencies in our operations and enable us to focus our attention to the most critical legal tasks and issues.

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

    I read business newspapers and legal journals on a regular basis. I also utilize professional networking platforms (liked LinkedIn) to keep myself updated about the developments in the industry and the legal fraternity. I also network with my colleagues and friends in the industry to keep myself updated about the latest developments in the legal and regulatory framework in key jurisdictions.

    Hewlett Packard also invests a lot of time and effort in providing updates about the developments in the industry and the new business strategies of the company.

     

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

    My advice to law students and young lawyers is that they should invest time and effort in clearly understanding the underlying transaction/business purpose prior to carrying out a legal research/legal review work.

    An important trait that an in-house lawyer needs to have is patience and maturity while performing tasks as an in-house lawyer in a company. In-house counsel role requires lawyers to be sensitive about factors like administrative costs of running the department, limited funds for growing the team, variable compensation/bonus being directly linked to the overall performance of the company, internal career growth opportunities subject to opening up of senior level roles within the organization etc. A patient and balanced approach towards career growth helps an in-house counsel grow his career over a period of time. If a lawyers wants his salary/compensation and job level to grow at an exponential rate on a sustained basis then he should consider joining a reputed law firm for the same.

    Further, in order to growth in the profession it is important to enjoy the work environment and the work profile and hence young lawyers should introspect on their current work profile and take career growth decision accordingly.

  • Noor Shergill, Assistant Director, Indian Corporate Law Service, on cracking the UPSC, and studying in Symbiosis

    Noor Shergill, Assistant Director, Indian Corporate Law Service, on cracking the UPSC, and studying in Symbiosis

    Noor Shergill graduated from Smbiosis Law School, Pune, in 2014. He cleared the 2015 Civil Services, with an all India rank of 510. He is currently working as Assistant Director in the Government of India. He is an officer in the Indian Corporate law Service, which is a Group A service under the ministry of corporate affairs.

    In this interview we speak to him about:

    • Switching from law to civil service
    • Getting the right help for UPSC preparation
    • Preparation strategy, tips, and advice

    How would you like to introduce yourself to our readers?

    I am a 26 year old from Chandigarh who loves reading, travelling, watching documentaries, stargazing and photography. I am presently working as Assistant Director in the Ministry of Corporate Affairs, Government of India.

     

    What motivated you to opt for legal studies after school?

    I think I was initially attracted to the legal profession by reading about cases in the newspapers. I was impressed by the breadth of the issues handled by the Supreme Court and the faith that people had in the judiciary. I still think that despite all its shortcomings, the legal profession is still a noble one that has a very important role in ensuring a just society.

    I loved how it was a prestigious and scholarly profession. I was also inspired by listening to lawyers on TV debates and I wanted to speak and argue like they did. Although, I must admit, my score in Physics, Chemistry and Math had the greatest role to play in pushing me towards Law.

     

    Please tell us about your college experience at Symbiosis Law School, Pune.

    I absolutely loved the five years I spent in Pune. I met some very inspirational people and made some great friends. Symbiosis made me a more aware, confident and outgoing person. In college, I got the opportunity to work with the Human Rights Cell. As part of the cell, we got to understand issues ranging from the problems faced by commercial sex workers, disability issues, inequality in education among others. Issues playing out at the national and international level were keenly followed and discussed in the cell. I still have a habit of keeping myself abreast with events taking place around the world and reading extensively about them to form a multi-dimensional opinion due in no small part to the activities of the Human Rights Cell.  

    Another aspect of  Symbi Law’s student life that I found immensely enriching,  was the thriving quizzing culture. I was pretty good at quizzing in school and had the opportunity to quiz alongside and against some of the best talent in the country. I consider myself exceptionally lucky in this respect.

    Studying in Pune exposed me the diversity of India, I learnt how to live on my own and it taught me the importance of having great friends.

     

    How do you think law schools have a role to play in one’s career trajectory?

    There is no definite answer to this question. Great schools are great for a reason, they attract the best students and teachers. Having a good peer group and good teachers is of immense help. Some of the better law schools provide their students with opportunities that give them an edge over others.

    However, just going to a good law school is not enough. Drive and ability are the most important things to get ahead in life. Good lawyers are distinguished by their talent and not only the law school they attended.

     

    How important are grades, in your opinion?

    Grades are important. They are what other people use to form an opinion about your abilities, your sincerity, your aptitude etc. In that sense they are important. So if you’re looking to get a good job or a scholarship or a fancy LLM, they are quite important.

    In UPSC, they aren’t that important. So is the case with legal practice. In both these cases a different skill set is rewarded.

     

    What subjects did you take particular interest in during your law school days?

    My favourite subjects were Constitutional Law and Public International Law. I also enjoyed Philosophy and Political Science.

    When I was deciding which optional subject to pick for the UPSC exam, I considered all these subjects. I went through the past question papers and syllabus of Law, Philosophy and Political Science. Eventually, I zeroed in on Law because Paper 1 of the optional has Constitutional and Public International Law and those were my two favourite subjects in law school.

    The constitution is at the center of so many debates that take place in the country. I consider myself really lucky to have studied it and to have  understood its spirit.

     

    Who was your mentor, or main source of inspiration who motivated you all along the way?

    I don’t have any one mentor but a pantheon of heroes. Carl Sagan, Alain de Boston , Ravish Kumar, Fali S Nariman, Justice Leila Seth are some of them. Their life and works have been immensely influential to me.

     

    What kind of internships did you engage in during your student years?

    The opportunity to intern is the best part of legal education. I remember getting very excited every time I was planning my internships.

    A lot of people approach internships with a view to “build their CV”, and I never agreed with  this approach. I think internships are a once in a lifetime opportunity to gather unique experiences. I don’t want to discount the importance of interning with law firms and lawyers, but the scope of Law is much wider than that. So, I would urge everyone to think beyond their CVs. Five years is a long time and one should try to get an eclectic blend of internships.

    Among other places, I interned at the Mazdoor Kisan Shakti Sangathan (MKSS), which is a social movement in rural Rajasthan. I was drawn to it after reading about the role they played in bringing about the Right to Information Act and the National Rural Employment Guarantee Act. The experience of moving from “India” and living in “Bharat” evoked in me a sense of how narrow, hollow and self serving our urban discourses tend to be. I also made me recognise my privileges and taught me to be more patient and feel less entitled, which are valuable life lessons.

    It also made me realise the hypocrisy of Indian elites, like myself. Our elite law schools are fast becoming ivory towers where the privilege of rich kids is perpetuated. It’s easy to find regional diversity but almost everyone comes from pretty much the same class background; city based, English speaking, privately educated and passionate about no other social issue apart from the decriminalisation of homosexuality or the legalisation of marijuana.

    This is why I think it’s important to escape the “law-firm trap” when it comes to internships. An internship with a place like MKSS might not impress a partner at a fancy law firm, but it will surely make you think more about essential issues than any law firm internship will. I can guarantee you that !

     

    How did you zero in on UPSC?

    The civil services exam is a very unpredictable exam and it is wise not to be too sure of your success. So always have Plan B. I planned to litigate if the UPSC plan didn’t work out, I also wanted to do an LLM and teach. I believe that the Civil Services is one of the many options available to law graduates.  

    It was initially my parents who encouraged me to take the exams. They always told me that I could do it. Personally, I never thought I would take the UPSC exam. This was mainly due to self-doubt and my belief that I wasn’t good enough. I used to think that people who cracked the UPSC exam were toppers and geniuses.

    However, all this changed when I was interning with the Indian Express as a reporter during third year. On the first day of my internship, the UPSC exam results were announced, and I was asked to go and interview the successful candidates. I still remember that when I met and spoke to them I discovered that they were normal people with various interests outside of academics. Not all of them had exceptional academic credentials. What was common to all of them was the hard work that they had put in.

    I must have interviewed at least twenty such candidates and I realised that even they had to deal with reversals, low self confidence and self doubting. They were never sure that they would be successful and were actually quite relieved and pleasantly surprised at being successful. It was then that I decided to give the exams a shot.

     

    Do only people with stellar academic performances or from reputed colleges crack the UPSC?

    This is not true at all. I am an example of this. I got 39% marks in my Mathematics paper in the class XII exam. In college I was only an above average student. Most people who clear UPSC are from smaller cities and from relatively unknown colleges. There are people who have graduated through distance education, those who studied in vernacular languages and aren’t well versed with English. I now understand, more than ever, the large number of privileges that I have enjoyed. It is much harder for most people to clear the exam than it is for the kind of people I assume visit this website.

    Most of the questions of the exam are so basic that any person with basic understanding of current affairs would be able to say something about the issue. The only challenge is to say something about the issue that puts you in the top percentile of all the people writing the exam. This is easily accomplished through repeated practice, analysis and improvement. Here are a few questions from the previous mains exam for you to get a taste of this exam :

    Essay :

    • Technology cannot replace manpower.
    • My vision of India in 2001
    • Education without values, as useful as it is, seems rather to make a man more clever devil
    • Restructuring of UNO reflect present realities

    General Studies :

    • What is water-use efficiency? Describe the role of micro-irrigation in increasing the water-use efficiency.
    • Discuss India’s achievements in the field of Space Science and Technology. How the application of this technology has helped India in its socio-economic development?
    • The frequency of urban floods due to high intensity rainfall is increasing over the years. Discussing the reasons for urban floods. highlight the mechanisms for preparedness to reduce the risk during such events.
    • What is a quasi-judicial body? Explain with the help of concrete examples.
    • In the integrity index of Transparency International, India stands very low. Discuss briefly the legal, political, economic, social and cultural factors that have caused the decline of public morality in India.
    • South China Sea has assumed great geopolitical significance in the present context. Comment.
    • Present an account of the Indus Water Treaty and examine its ecological, economic and political implications in the context of changing bilateral relations.

    All these issues have been in the news and all of us can say a few things on these issues right off the bat, without any major preparation. If reading these questions got you all excited about finding out the answers to them, maybe you should consider writing the exam, if you are so inclined.

    The UPSC exam rewards hard work and a basic standard of intelligence. That’s all you need. Being a star student surely helps and makes it easier, but isn’t a guarantee of success. UPSC is a great leveller in that sense. They aren’t looking for prodigies, the UPSC only wants well rounded and socially conscious people.

     

    To what extent did your legal knowledge aid in your preparation of UPSC?

    The UPSC exam is crafted for Law students, in my opinion. Law is central to administration, and the breadth of the Law subjects will make a law student quite comfortable with most of the topic such as environment, economics, social issues, history etc.

    Law was my optional subject also, so law was quite helpful in my success in the exam. I had followed the news and issues closely as part of the activities of the Human Rights Cell so I realised that I was more comfortable than most people around me.

    I really owe my success to my legal studies.

     

    Please describe your UPSC preparation experience. 

    The UPSC is an emotional rollercoaster ride.It has soaring highs and crushing lows. You’ll fell you’re on track one day and feel derailed the next. The uncertainty of it all is the most difficult thing to deal with, studying for years without any guarantee success. The civil services exam demands blood, sweat and tears, especially tears.

    A lot of the time you’ll be thinking if it’s even worth it, given that statistically it’s impossible to clear it. However, you can take it from me that the real competition is only between 5000 candidates, so it’s not that competitive if you’re well prepared.

    I did enrol in a couple of tuitions, this was quite helpful as I got a peer group  of similarly placed people. It also gave me some idea of what everyone else was doing and what was expected. However, the quality of most classes was quite poor. I realised that it wasn’t worth getting ready and travelling to attend many of the classes as I could accomplish much more if I studied on my own at home.

    There were a few very good teachers and I made sure I didn’t miss their classes. So one must constantly be tweaking their preparation to ensure that they manage their time in the most effective manner.

    Just take the plunge and you’ll figure out a lot of answers on your own.

    You can find my detailed preparation strategy at :

    http://mrunal.org/2016/05/upsc-topper-noor-shergill-law-optional-mohali.html

    I would strongly urge everyone to follow the interviews of other successful candidates as well. Try to find a successful candidate who resembles your background. For example, when I was preparing, I stayed miles away from the interviews of the IITans and the AIIMS alumni because they came from a very different place, academically. I was more interested in those people who came from smaller, little known towns. people who I felt really had to struggle to crack the exam.   I felt that their experiences and studying style was more inspirational, helpful and relevant to my preparation.

    Some of the interviews and blogs that law students will find useful are listed below :

    https://abdaal.wordpress.com/author/abdaal/

    http://mrunal.org/2014/06/toppers-interview-sakshi-sawhney-ias-2013-rank-6-ba-llb-second-among-girl-toppers-law-optional.html

    This is a helpful starting point :

    http://mrunal.org/upsc

    Try to find your own answers and try not to rely too heavily on asking others for guidance.

     

    How important is it to enroll at a coaching center in order to prepare for the UPSC?

    You will find that a lot of the material, is available online for free. I know a lot of people who have done very well by following just a few websites only.

    There isn’t any one answer to this question. Many people find coaching institutes to be very helpful, others find them to be a waste of time and money. One has to be smart to use what is available to the best of his/her advantage. You must know your own studying style. If you think you need someone to explain the material to you, join classes. If you think you’re better of alone, study by your self.

    There is nothing to prove and no brownie points to win by clearing the exam without joining tuitions.

     

    What kind of a support system is conducive to the UPSC preparation process?

    I have already spoken about how the exam is a roller coaster ride. When you are on a high you’ll need someone to bring you back to terrafirma, and when you’re having a bad day you’ll need someone to pick you up. You’ll need someone to continuously tell you that you can do it.

    For me it was my parents. They stood behind me like a rock. They never put any pressure on me and always told me not to take the exam too seriously. They always tried to keep my spirits up. I literally cut myself off from friends and relied only on my family for support.

     

    What according to you should the aspirants keep in mind while choosing a cadre?

    I had put the Foreign service as my first preference, followed by Indian Revenue Service and the Indian Corporate Law Service. Based on my rank and preference I was allotted the Indian Corporate Law Service.

    The answer to the second question is quite tricky and I am sure the readers would find their own answers as they

     

    How efficient are websites like Mrunal and Unacademy?

    They are really good. I found them quite useful. For example, I was very bad at economics and didn’t understand even the basic concepts. Thankfully, Mrunal came out with an entire series where he deconstructed everything so beautifully that I scored one of the highest marks in my economics paper. All of this while preparing from the comfort of my home.

    insightsonindia.com is another websites that I followed. I relied almost entirely on the internet for my preparation.

    I am not sure of Unacademy, as I never used it.

     

    What challenges does a civil servant’s job have to offer, and what are the advantages of being a civil servant?

    I am currently undergoing training at the Indian Institute of Corporate Affairs in Manesar (Gurgaon). The Indian Corporate Law Service regulates the corporate sector and administers the Companies Act, 2013 and a host of other legislations. We work as Registrar of Companies, in the National Company Law Tribunals, Serious Fraud Investigation Office, Securities and Exchange Board of India, Competition Commission of India etc.

    To be honest I’m just a few months into my training and can’t talk about the challenges that civil servants face.

    My parents worked in the public sector so, I felt quite comfortable about joining the civil service.  I really like the lifestyle of a civil servant. It’s a prestigious job, the work-life balance is great, and we are very well taken care of.   I also like the fact that the civil service gives one the opportunity to develop outside of the job. Civil servants aren’t defined by only their jobs alone and some have become famous by pursuing their hobbies. You would have heard the names of Upamanyu Chatterjee, Vikas Swarup among many others. The Government of India is very a generous and indulgent employer in that sense.

    Some of the best Indian law firms are very well known, but not as well known as the Government of India. So, the opportunity to work with the Government of India is very enticing.

    Kindly offer a few words of inspiration for law students aspiring to take up the civil services.

    I can understand why some people might be a little apprehensive about approaching this exam. It seems almost suicidal sometimes. It takes too long to clear, and one might feel that some of the best years might be wasted. I’ts natural to ask if one should take an “easier path”. All this went through my head as well.

    Having cleared the exam I can tell you that all that effort I put in was totally worth it. The satisfaction of clearing one of the world’s toughest exams cannot be put into words. Apart from that, I really enjoyed studying for the exam. If you study hard enough for this exam , you might not get rewarded, but it will surely make you a better person. I also think that if one doesn’t take risks in their twenties then when else are they going to?

    Just take the plunge and you’ll find a lot of the answers you are looking for.

  • Raddhika Singh, Managing Partner, Aletheiaa Legal, on being a first generation lawyer, studying at King’s College London, and starting her own firm

    Raddhika Singh, Managing Partner, Aletheiaa Legal, on being a first generation lawyer, studying at King’s College London, and starting her own firm

    Raddhika Singh graduated from Campus Law Center, batch of 2006. She then went on to pursue her Masters from Kings College London, University of London. Since then she has worked with Remfry & Sagar, K&S Partners, and Luthra & Luthra Law Offices before starting out on her own.  She is currently Managing Partner at Aletheiaa Legal, an Intellectual Property and Corporate law firm.

    In this interview, we speak to her about:

    • Studying at Kings College London
    • Working at Tier I firms in India
    • Starting her own firm.

     

    How would you like to introduce yourself to our readers?

    I am a first generation lawyer and entrepreneur. I am the Founder and Managing Partner of ALETHEIAA LEGAL an Intellectual Property and Corporate Law Firm. I was enrolled with the Bar Council of India in August 2006 and over a decade have had the privilege of working with India’s Tier 1 law firms like Remfry & Sagar; K&S Partners and Luthra & Luthra Law Offices.

    I did my schooling from The Army Public School, Dhaula Kuan. I pursued History Hons. from Hindu College and LL.B from Campus Law Centre, Delhi University. Thereafter, I completed my Masters in Intellectual Property Law from Kings College London.

    On a personal front, I belong to a family with four generations in the Indian Army. My father retired as a Brigadier from the Army and my mother is a PGT English who taught for nearly 35 years in India and Bhutan. My elder sister is an Assistant Vice President, Corporate Transitions with a global business process management and services and IT corporation. I am married to Bharadwaj Jaishankar, who is an Associate Partner with an Intellectual property and Commercial Law firm.

     

    What motivated you to take up law as your choice of career?

    While I was growing up I was inspired and captivated by the way lawyers’ especially criminal lawyers were portrayed and the role they played in delivering justice. I was an avid reader and enjoyed books authored by John Grisham especially The Runaway Jury and The Pelican Brief. I loved watching thrillers, murder mysteries and legal dramas and enjoyed predicting and resolving cases before they were solved in the serials/movies. I was out spoken, possessed good communication and analytical skills and enjoyed interacting with people… so choosing law as a career came naturally to me.

     

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

    Internships are extremely important as you get first hand practical experience. I started interning from the first year itself. In my three years, I interned at the National Human Rights Commission, Delhi, at Tees Hazari with a senior lawyer practising on the criminal side, with Rajinder Narain & Company and lastly with J. Sagar Associates. Hence, I got to experience diverse fields of law ranging from Human Rights, Criminal and Civil litigation, Corporate Commercial law and Intellectual Property law which played a significant role in helping me choose my area of specialization. There could be a major difference between the area of law that intellectually stimulates you and what you enjoy practicing on a daily basis. My advice to students would, therefore, be to intern with law firms/organizations practising different areas of law so that ultimately you can identify the area where your interest lies. That is why internships are very important as they expose you to the diverse facets of law.

     

    What advice would you give students in avoiding a decision paralysis?

    Majority of law students on graduating are faced with a dilemma on whether to pursue higher studies or start working. This is a very personal decision and would depend upon several factors that every student must consider while taking the decision. The most important parameters that must be considered while making the decision are, inter alia, do you wish to practise in India/abroad? Do you have the funds/scholarship to finance studies abroad? Do you know the area of law that you wish to specialize in? Do you wish to work in India after graduating from Masters, if yes then how do you plan to pay back the loan? Do you plan to work for other law firms or do you wish to start your own law firm or independent practise in future? Which are the colleges that you have applied to or received acceptance from and what are the courses? How are the employment opportunities in that country?

    Speaking from my personal experience, I chose to pursue my Masters in Law after completing my LLB as I was clear that I wanted to start my own law firm in the future and doing Masters from Kings College London would give me a competitive advantage. I also believe that pursing your Masters from a reputed foreign university is a life changing experience. You not only grow professionally but also personally. The kind of exposure students get when they are competing with lawyers from across the globe is a very enriching experience.

     

    What was the application process like for the King’s College London?

    The Application process for King’s College London was quite straight forward. I was required to submit a Statement of Purpose where I had to write about myself, my strengths, reasons for pursuing Masters and most importantly stating how King’s would benefit by offering me a seat. I applied for Masters in Intellectual Property to Kings College London as it is a premier university in the world and is amongst the top three colleges in London to pursue Masters in Intellectual Property Law. The parameters for choosing Kings was its ranking, the courses it offers, the outstanding faculty and its location.

     

    What did you enjoy most about studying at King’s College London?

    The LLM programme I pursued at Kings was a specialization in Intellectual Property Law. We got to study courses relating to Comparative Trademarks and Copyright laws in United States, United Kingdom, France and India which gave us an insight into the diverse and completely differing schools of thought pertaining to protection and enforcement of Intellectual Property Rights in different jurisdictions. At that time, we had the distinct advantage that Kings College, Queens College and SOAS were all part of University College London and we had classes with students from all these colleges. What was an added benefit was that we had the privilege of being taught by world renowned professors like Professor Sir Hugh Laddie who was considered one of the leading English judges and academics in the field of intellectual property law and Professor David Llewelyn who has co-authored the book International Trademarks Law Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights Cornish, W. & Llewelyn, D. 2007. What I found challenging at the beginning but which turned out to be the most rewarding experience was the entire educational system. At Kings, we were expected to think independently, out of the box and develop analytical and problem solving skills. These skill sets played a very significant role in developing my career.

     

    What activities were you involved in as a student at King’s College London?

    At Kings, I was elected as the Vice President of the Kings LLM Society. As the Vice President I had to organize social events such as Christmas, New Year and boat parties and seminars to enable students pursuing different courses to interact with each other.

    The year 2007-2008 was a defining moment in my life. I learnt how to be totally independent, self reliant as I had to take all the major day to day decisions myself. It was an enriching experience as I forged friendships of a lifetime with students from diverse countries and cultures. I will always cherish the experience I had at King’s and the friends I made there.

     

    Post your LLM, did you consider staying back to write the bar exam there?

    At the time of applying for my Masters, I was clear that I wanted to return to India to work with Tier-1 Intellectual Property Law firms and eventually start my own law firm. With that in mind, I didn’t consider staying back in London.

     

    What prompted you to take up a position with Remfry & Sagar and then K & S Partners?

    While I was pursing my Masters, I was clear that I wanted to specialize in Intellectual Property Law in India. In April 2008, I applied to Remfry & Sagar and was extremely lucky to get a call for an interview in May 2008 when I was visiting India for the summer break. The interview was successful and I was made an offer to join Remfry & Sagar in October 2008. I was one of the few LLM students who had a pre-placement offer before completing their Masters.

    Remfry & Sagar is India’s oldest Tier-1 Boutique Intellectual Property Law firm. One of the things I learnt at Remfry was Trademark prosecution i.e. conducting pre-filing searches, advising clients on registrability of Trademarks, developing strategies for overcoming objections posed at the time of examination/hearings, advising on assignment and licensing of trademarks etc. The prosecution experience I acquired at Remfry & Sagar played an important role in my securing a position at K&S Partners. After spending two years at Remfry & Sagar I wanted to practise different aspects of Intellectual Property like Copyright, Geographical Indications and work on contentious matters like oppositions, rectifications, litigation.

    At K&S Partners, I got the chance to be involved in handling post registration aspects including enforcement of IP Rights through civil and criminal proceedings; border enforcement measures through the Indian customs offices; IP licensing; advising on copyright law in the areas of software, motion pictures, literary and artistic works. I was part of the team and played an active role in protecting and enforcing some of India’s and the world’s well-known Geographical Indications. I also had an opportunity to travel to the United States of America to represent the concerns of traders of an Indian Geographical Indication before the US Food and Drug Administration Agency (USFDA) and Environment Protection Agency, USA (EPA). At K&S Partners, we were encouraged to think out of the box and express our opinions freely. Senior Partners and other senior colleagues took time out of their busy schedules to share their knowledge with us and to answer all the questions we had. At K&S Partners, lawyers are nurtured and mentored to give their best and grow personally and professionally.

     

    How would you describe your experience working at Luthra & Luthra?

    After having worked with Boutique IP law firms, I wanted to experience working with a Full service law firm. The reason I applied to Luthra & Luthra is because it was a small team of around eight lawyers who worked on all aspects of Intellectual Property Law from prosecution, opposition, enforcement, litigation, advisory and transactional work. At Luthra, I enhanced my drafting and research skills. I also worked on a portfolio for a leading Indian Company in the two wheeler sector by coordinating filings and enforcement of Intellectual property rights across several jurisdictions around the world. That was a learning experience where I honed my skills and felt that I was now well equipped to start my own practise.

     

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

    Being a first generation lawyer, I didn’t have any mentor to guide me in my early years in college. I, however, throughout my career and even till date have had the advantage of being mentored by several seniors in the profession. At the time when I was deciding whether to pursue my LLM or start working, I was advised by my mentor to follow my dream and pursue my LLM from Kings College London. His advice was to pursue my studies before I start working as it would give me the right exposure and advantage over my colleagues.  At each juncture in my career, when I changed jobs from Remfry to K&S and then to Luthra & Luthra I had mentors who guided and advised me. I spoke to several Senior Lawyers in the profession and Founders and Managing Partners at leading law firms when I was evaluating my decision to start my own law firm. Majority of them advised me to pursue my dream and I decided to fulfil my dream so that I never look back and say, “what if…”

     

    What made you decide to start your own law firm Aletheiaa Legal?

    Having devoted nearly eight years in the profession and worked with India’s leading Intellectual Property law firms, I believed that I had achieved the requisite experience and acquired the necessary skill sets to start my own law firm. During my stint with the above law firms, what I enjoyed most was interacting with clients, understanding their business requirements, developing and implementing strategies to protect, enforce and commercially utilize their IP assets. With this interest in mind, I took a leap of faith and founded “Aletheiaa Legal” on August 6, 2014 and have enjoyed the journey thus far.

     

    On what parameters do you choose the projects you work on?

    At the beginning, the assignments I undertook were restricted to Intellectual Property law i.e. filing, prosecuting, enforcing and drafting of agreements pertaining to licensing and assigning of Trademarks, Copyrights, Patents and Designs. Thereafter, like every law firm, I consciously decided to expand my scope of work and started accepting work relating to vetting or drafting of commercial/business contracts. With the Start-Up boom in India I have started actively advising start-ups and providing them a one stop legal solution. The body of work keeps growing with time.

     

    What are the challenges and learning opportunities that you were/are faced while heading Aletheiaa Legal?

    There have been several opportunities and challenges along the way from which I have learned and grown personally and professionally. When I started Aletheiaa Legal I had only three clients who were friends and family and today I have 90+ clients.

    The biggest challenge which every law firm faces is generating clients and revenue. I had to wear several hats of networking, generating business, advising clients, delivering before deadlines, raising invoices and following up with clients for new assignments and payments. I have learnt how to work with different types of clients and on diverse aspects of law ranging from Intellectual property rights, Information technology, Commercial and Corporate transactions, Media and entertainment, Dispute Resolution. The other challenge and learning opportunity is to keep pace with the latest developments in diverse fields of law.

     

    What are the key attributes that one must develop in order to excel as a lawyer?

    Key attributes that a good lawyer must possess are he/she must be articulate, have an eye for detail, work hard and possess good drafting and analytical skills. In addition to the above, a lawyer must be a good listener so that he/she can hear and clearly understand what the client wants and deliver the desired result. Another important skill is having the ability to build relationships through networking. I developed these skills by reading judgements, articles, seeking advice and asking questions from seniors in the profession and attending networking events.

     

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

    One of the advantages of having your own practise is that you can easily balance between your professional and personal life. In addition to work, I love travelling to new destinations in and outside India and experiencing diverse cultures; I enjoy sketching, watching plays and eating out at new places.

     

    What are the challenges you have faced in building up your career as it stands today?

    I believe every challenge is an opportunity to grow in life. When I chose law as a profession my parents were sceptical as I was a first generation lawyer and didn’t know anyone in the legal fraternity. When I completed my LLB I scored very well but didn’t get placed in the Tier 1 law firms and was very disappointed. This was a big challenge as I didn’t know whether to pursue my Masters in Law or work with a law firm. I saw this challenge as an opportunity to pursue my Masters and was fortunate to get through King’s College London. Upon completing my Master’s with specialization in Intellectual Property Law, I was amongst the few students who got a pre-placement offer before completing their Masters. I achieved my dream to work in a Tier 1 law firm when I was offered a position with Remfry & Sagar. There was no looking back thereafter, throughout my career I worked with Tier 1 Law firms like Remfry & Sagar, K&S Partners and Luthra & Luthra. Another challenge that I faced in my career was when I decided to start my own law firm and only had three clients. With hard work, dedication, passion for my work and spirit to succeed today Aletheiaa Legal has over 90+ clients. In the next ten years I want Aletheiaa Legal to be counted amongst the leading Intellectual Property and Corporate Law Firms of India.

     

    What advice would you like to give our readers, who are mostly law students and young lawyers?

    Believe in yourself and pursue your dreams…have the faith, courage and conviction to make them a reality because if you have the ability to see those dreams, you have the ability and capability to achieve them.

     

  • Sayan Samaddar, In-House Counsel, Aksh Optifiber, on studying in Symbiosis, and his diverse experience

    Sayan Samaddar, In-House Counsel, Aksh Optifiber, on studying in Symbiosis, and his diverse experience

    Sayan Samaddar graduated from Symbiosis Law School, Pune, batch of 2012. Since then he has worked at Rohit Das & Associates, Gagrat & Co., and Chhibber & Associates. He is currently In-House Counsel at Aksh Optifiber Limited, where his role entails IPR related issues and handling complex litigation matters relating to Writs, Military Laws, Service Laws, Banking Laws, Property Laws, Consumer Protection Act, Arbitration Act, Companies Act, Suit for recovery of money, etc. as a practicing Advocate as well as a corporate legal manger.

    In this interview we speak to him about:

    • His time at Symbiosis
    • His litigation experience
    • His internship experience

     

    How would you like to introduce yourself to our readers?

    As a first generation lawyer who started off as a practicing advocate but currently has settled as an in-house counsel.

     

    What was your time at Symbiosis like?

    My life at Symbiosis was blissful. I worked very hard for the first two weeks of my first semester but soon the clarion call of college life proved too hard to resist. While I did secure decent grades, I spent much of time chillin’. I did ensure that I have the bare minimum attendance so as to avoid TNG (the term will ring a bill with Symbi folks – it basically meant one cannot sit for the semester exams on account dismal attendance). In short, it was a paid vacation for five years.

    Symbiosis not only stands out from other private institution but also from every other college. I could not take advantage of the academic facility of my college so I will not comment on how Symbiosis stands out as compared to other colleges in this regard. However, it did teach a lot of other valuable virtues which are still coming in handy.  I believe Symbiosis makes its students street smart; which according to me is a very valuable virtue to have in the long run especially in the field of law. It was very hard to find accommodation in our college hostel. Therefore, majority of the students stayed independently either in PGs or flats. I stayed with three batch mates of mine in a flat. Staying in a flat means you must look out for yourselves as far as your daily needs go. We got a fixed amount of money from parents for every month. This amount took care of our rent and our other needs. We suffered dearly whenever we prematurely spent this amount. Thus, we learned the very important lesson of money management. Paying bills on time was another valuable lesson learnt. Once we forgot to pay our electricity bill and as a result we were sitting in dark during our exams! These are small but very important lessons which no book will teach.

     

    How much of a role do GPAs play in shaping one’s career path?

    I did not attach much importance to GPAs. I only ensured that my GPA did not fall below three (our total GPA was four). Securing a high GPA is not very difficult. In fact, securing high marks in any university or school exam is not very difficult. It only requires a systematic way of mugging up the chapters and regurgitating the same on the answer sheets. One should not only focus on getting high marks. The focus should be on what one learns from all the chapters and units which are taught throughout the course. For instance, I had scored a perfect GPA, i.e., A+ in my contracts paper in my first semester; but after I had graduated I remember myself struggling to understand the meaning of a quasi-contract! The A+ was scored by the sheer power of replicating pages mugged up the night before. After my graduation, I had to re-open the Contract Act, and this time I studied with the aim of understanding the concepts rather than securing an A+. By God’s grace, now I can safely say that I do know my contract laws. Focusing only on a high GPA will not take anyone far unless one understands the concept.     

     

    What kind of internships did you engage in during your student years?

    All my internships were under practising lawyers except for one which was under Justice Khanna at Delhi High Court. My final internship was under Adv. Protik Prokash Bannerjee a.k.a Protik Da (whose chambers are a real life enactment of the verve and versatility found in his super lawyer columns). I received basic grooming from him. He instilled in me one of the most valuable lessons for any lawyer; that one must know where to look for an answer to a query and that one of the prerequisites for any lawyer is to be a good draftsman (he may disagree with I just said since he tried to teach me a lot of other things). Thus armed I prepared to embark upon another trail.

     

    What are your areas of specialisation, and when/how did you go about choosing these?

    I love civil laws especially commercial litigation and contracts. Somehow I have always loved civil matters and criminal laws never really charmed me. It remains so till date. I do not think anyone can be advised as to which field of law one should pursue. It is strictly a matter of personal choice. Do what you love to do; that is mantra!

     

    How were the first few years after your graduation? 

    My first few years after graduation were tough or to put it precisely, I was paying dearly for having enjoyed five years of paid vacation in Pune. I do not think my time in college had prepared me for the real world practice of law and there is no way I can blame my college for that.

    I had joined Protik Da’s chambers immediately after college. During my time with Protik Da, every day I was sent to the Calcutta High Court with the instruction to observe the day to day court proceedings. I observed the proceedings very intently without having the slightest idea what exactly was going on. I used to jot down in my notepad whatever I observed in the courts. Later in the day I used to sit with Protik Da and clarify my doubts. The clarifications sometimes came in form of brief lectures from Protik Da and sometimes reading various commentaries under his guidance. Thus, slowly but surely I stared having some amount of grasp of what actually goes on in a proceeding before court.

     

    What are the challenges that one needs to prepare himself/herself for when they step out of the comfort of a law school and into the real working world?

    Once college life is over there is no comfort zone. The moment professional career starts, every day presents a new challenge. In order to overcome these challenges one must have the self-belief and a never say die attitude. One must be prepared to fail, learn from such failures and move on. As Rocky Balboa said “Life’s not about how hard of a hit you can give… it’s about how many you can take, and still keep moving forward.”    

     

    During your developmental years as a lawyer, did you have any mentor(s)?

    I am still developing as a lawyer. After all, I am hardly five years old in the profession! During this short span I was lucky to have some very good seniors who gave me valuable guidance. Protik Da is one. Another very good senior I worked under is Adv Imran Tarafdar who taught me how to draft. My inspiration comes from a very materialistic source. I hail from Calcutta but reside in Delhi which means I have to pay rent along with my bills. Unless I am good at my work, I will not get a handsome remuneration for my services and unless I get a handsome remuneration I will not be able to meet my expenses. It is very simple that way.

     

    What does a judicial clerkship entail? 

    The positives which one may take away from a judicial clerkship solely depends upon two things; namely, the judge under whom one is clerking and one’s willingness to do something extra apart from what one has been assigned to do. During my time as a law clerk at Delhi High Court I noticed that a lot of my fellow law clerks were mainly into making summaries of the cases which were to be listed before the court the next day or doing some research in the Judges’ Library. In my opinion merely making those summaries and logging into manupatra or SCC online for research will not give a positive thrust to one’s career. I was lucky to clerk under Justice V. Kameshwar Rao. Unlike some of the judges, he actively involved me while drafting judgments. He very systematically used to assign to me three to four matters every week and ask me prepare comprehensive briefs for him which would offer some meaningful assistance to him when he would draft judgments in those matters. The briefs would contain the facts, issues involved, arguments advanced by both the parties on such issues and the correct position of law on the issues. He used to take special note of the way and manner in which I had drafted the briefs. Fortunately, I assisted him well. There used to be days when I had finished my work well in advance and thus had free time on my hand. During this time instead of endlessly roaming in court or socialising in the High Court canteen, I used to pour over whatever books I could lay my hands on in the Judges’ Library. This way I believe I have managed to get the most out of my stint as a law clerk.

    Now, as far as the second question goes, I believe that for a young lawyer aiming to become a practicing advocate, the best way to start off is to join the chambers of a middle aged advocate who has a variety of briefs. I am emphasising on joining a middle aged advocate because a middle aged advocate will not have a lot of assistance at his disposal. He will have one or maximum three juniors assisting him. Thus, each of his juniors will have ample of work to do. The learning and growth is directly proportional to the amount of work one does. Alternatively, one may also join a start-up firm right after college. I will not advice joining an Advocate on Record right after graduation. One may join an Advocate on Record after a few years of practice. I will also not advice anyone to join a top – tier law firm immediately after graduation. While on one hand a top – tier law firm will pay handsomely but on the other hand there are certain cons as well. A top – tier law firm will generally have a large team which will be handling a specialised branch of law. This will not be beneficial for a fresher since, at the very outset of the career, the junior will be exposed to one particular field of law only. Further, the fresher will also be handling limited amount of work on account of the strength of the team and therefore the growth will be slow. While a fresher in top tier law firm may have the opportunity to work on some high profile cases right at the beginning of career but that may not be of any help since majority of the issues involved in such high profile cases are bound to be complex therefore they will go tangent to the junior’s brain. After all, not everyone is a Salve or a Palkhivala. As far as judicial clerkship goes, a fresher may pursue the same immediately after college but for a short span, say for six to nine months and not more than that. I have already explained how to effectively utilize one’s stint as a judicial clerk. The ideal way to pace one’s practice is to start off in a small chamber where there is variety of work thereby having exposure to multiple fields of law, getting the basics right while having an understanding of how things work and then gradually move to bigger places and ultimately go independent. The timeline for these events to happen will of course vary from person to person.      

     

    Why did you move from a law firm to chamber practice?

    I spent a good nine to ten months at Justice Rao Sir’s Chambers as a law clerk before moving on to a Law firm (M/s Gagrat & Co.). It is headed by Mr. U.A. Rana who is the hardest task master I have come across till date. Under his exacting tutelage, my drafting skills were further honed besides which I was also exposed to a wide avenue of cases. I dealt with cases relating to CPC, Indirect Taxation, Consumer Cases, Competition Laws and Special Leave Petitions. By this time, I had learnt how to draft quite well and was also proficient at researching and I was itching to have a crack at arguing cases before a court. Fortunately, I was presented with an opportunity to argue an application under Order 7 rule 11 of CPC before Tees Hazari Courts. The application was preferred by my firm’s client i.e. the defendant. It involved an interesting line of argument which aimed to prove that the plaintiff had no cause of action. I had successfully argued the case and the plaint was rejected on the aforesaid ground. However, after this particular case the opportunity to argue was far and few since most of the cases in the firm were before Supreme Court. Hence, I made a conscious decision to move out of Gagrat to the Chambers of Mr. Ankur Chibber with an aim to appear and argue more cases. This was particularly tough since I took a considerable pay cut. Mr. Chibber was empanelled with a number of Government Offices and also with Army, Air Force and Navy. He predominantly dealt with service law matters. He was a wonderful senior who gave his juniors ample opportunity to learn by letting them arguing matters on their own before the Courts. I worked under him for a year and during this time I appeared in a number of matters before High Court, CAT and Armed Forces Tribunal. He had allotted all his matters before Armed Forces Tribunal to me. Since I was representing the government, I lost more matters than I won (Government messes up most of the times but loves to exhaust the legal remedy to the fullest extent possible); but having said that I never went down without a good fight even though it was a dead case. I learnt valuable lessons such as how to think on your feet while you are standing before a judge with the other side lawyer breathing down your neck and tricky court crafts. These are skills which no book or fancy LLM degree will teach. As for the times when I won cases, the very act of preparing for and arguing a case independently and then seeing your name on a judgment is a high like few others.

     

    Tell us about the transition from being a litigating lawyer to an in-house counsel.

    I moved from practice took up employment as an in-house counsel because I felt it poses unique challenge. Many practicing advocates may disagree with such a choice but I think one must have the experience of everything. The initial transition from a being practicing lawyer to an in-house counsel is often a prickly one and I had to look to my boss often to imbibe the ways of the corporate world. During my initial days as an in-house Counsel, I had to spend considerable time understanding the business of my Company. Further, with time I also realized that as an advocate I was offering my services to client whereas I as an in-house counsel I am working as an employee. There is a difference in those two relations. Bottom line remains the same i.e. I am working in the capacity of a legal expert but the approach changes. For example, as an advocate I can sometimes take the liberty to reprimand my client if the client is not providing me with the requisite facts or documents or instructions but I cannot do the same in a company. As an inhouse counsel I need to be suave while seeking such inputs from my colleagues. Further, as an advocate I was an officer of the court hence my main duty was to assist the court and the client came second but as an inhouse counsel I am an officer of the Company. Period. Hence, the nature of duty changes. It took some time for me to realize these things. Fortunately, I have a very good boss who till date guides me brilliantly.

     

    Give us a brief capsule of what a regular working day looks like for you now.

    Each day at office is enjoyably hectic. My company has a diverse business portfolio and also undergoing tremendous expansion. Moreover, my company seldom approaches a firm or a lawyer for outsourcing legal work. Almost everything is done in-house. Initially I was the only one, apart from my boss so it was becoming increasingly difficult to manage everything on my own but now, I am being assisted brilliantly by a junior.

    Apart from executing the general responsibilities of an in-house counsel like drafting and vetting contracts and handling litigation matters; I have undertaken various other functions such as liaisoning with various Government Departments and most importantly looking out for the risks which the Company may unknowingly end up taking while conducting its day to day business. In other words, I try to help the Company save a little money by identifying various Government Schemes offering tax subsidies and other benefits while also trying to create a sense of security in the mind of the Management and the Marketing and Sales team to fearlessly conduct business knowing that there is a person who will caution them beforehand in the event they wander out of the four corners of law. This requires being proactive every day and not wait for a legal issue to arise and rather take care of it before it becomes an issue. In all this I have found that my previous experience in litigation has helped me immensely for executing my duties as an inhouse Counsel.

    Apart from the aforesaid, another very important responsibility I execute is negotiating contracts. It is an art and I am still learning it. One must be careful while doing this so as to protect the interests of one’s company as well as ensure that the business deal do not go south because one is unrelenting on some of the clauses of the contract. Sometimes it involves taking calculated risks. How one negotiates a contract depends upon facts and circumstances of each transaction which ultimately boils down to the extent of bargaining power and leverage one enjoys in each such business transaction.

     

    What are the differences between litigation practice in Delhi and Kolkata?

    I do not think courts in Delhi and Calcutta can be compared with respect to their receptiveness towards a fresh lawyer. Our profession always welcomes and encourages new and fresh advocates. In fact, our senior colleagues are always happy to see a junior doing well in court. This is true across all the Bars in our country. It was a personal choice on my part to move to Delhi and start practising here. However, I must add the reason which prompted me to move to Delhi. Every year Delhi attracts a lot of young lawyers from across the country. The volume of work over here is astounding. This is mainly because of the number courts which are here in Delhi. Delhi is divided into six Judicial Districts and each district has a District Court. Apart from the District Courts, there are a large number of Tribunals along with their Appellate Forums and of course there is the High Court and the Apex Court. Further, a lawyer based in Delhi can also travel a little bit (airfare is low plus highways are fast and beautiful) and take up a few outstation cases before Jaipur Bench of Rajasthan High Court and High Court of Punjab and Haryana. Moreover, half my batch from Symbiosis which includes my best friends are practicing in Delhi. Hence, I was attracted to come and settle in Delhi.        

     

    If you could turn the clock back, is there something you would do differently?

    Absolutely not. It is because of these significant turns I am what I am today. I do not think I could have done better.

     

    Is there any other advice that you would like to give to our budding lawyers?

    a) Forget what you did in college. It is a fresh journey after college! (This piece of advice is aimed at students like me who chilled too much in college)

    b) Read a lot but do not just read; understand the law as well.

    c) Keep it simple. One must know where to look for an answer.

    d) Have strong command over English language. There must be clarity in your thought process and the same must be reflected in your drafts and correspondence.

    e) Be precise and crisp while talking; be it in form of an argument before a court or with your client or with anyone else.

    f) Talk less but talk sense.

    g) Be confident and professional in your approach!

    h) Do not be shy or hesitant in seeking help when in need.

    i) Be ready to fail, learn from failures and keep moving forward.

    j) Lastly, but most importantly, there is no substitute to hard and honest work!

     

  • Merlyn Abraham, Attorney, SAMVĀD: Partners, on transactional law, litigation, and her diverse experience

    Merlyn Abraham, Attorney, SAMVĀD: Partners, on transactional law, litigation, and her diverse experience

    Merlyn Abraham graduated in law from Kerala Law Academy Law College, batch of 2008. Since then she has worked as Associate with K.R. Chawal & Co., Legal Executive at Citi Bank, Associate at Artis Legal, and Senior Associate at Associated Law Advisers. She is currently Attorney at SAMVĀD: Partners.

    In this interview we speak to her about:

    • Studying at Kerala Law Academy
    • Her past experiences
    • Her role at SAMVĀD: Partners

    How would you like to introduce yourself to our readers?

    A lawyer with expertise in general corporate law practice along with solid understanding and background in disputes. Some can say that I am suit who has adorned the robe in the past as well.

     

    What motivated you to pursue law?

    My alma mater, St. Francis De Sales School, New Delhi, encouraged students to find their interests and choose a career suiting their own aptitude. Career counselling from ninth grade twelfth was a significant part of the same. Career counselling at school, hero worship for a Supreme Court judge (who was member of our church), my inclination to analysis and logic coupled with my father’s support and encouragement led me to chose this career.

     

    Share with us your experience as a student of law at Kerala Law Academy. 

    Five years in law school was my introduction to “the real world”, be it in professional or personal level. While the focus in Kerala Law Academy was on academics (internal exams, presentations and attendance being supremely important), politics (being and participating as members of student led political parties and association), dissent and discussion on various education related and social issues was rampant and never curbed by the college administration. Furthermore, being part of the moot court society gave me numerous opportunities to interact (in person) with stalwarts in the profession, develop research skills, learn early on how to frame and present arguments in legal matters. Admidst all this we participated and won several intra and inter university cultural competitions.

     

    Having won moot court competitions, how important would you say it is for students to moot? 

    By participating in moot court competitions students learn how to frame and articulate legal arguments early on, develop research skills, learn to apply academic knowledge and develop a thought process which help in analysing real time legal issues and matters, much prior to joining the profession. Personally participating in national level moot court competitions helped me meet and be friends with laws students from other law schools. The  friends I made during such moot competitions are fellow members of the Bar today and we interact, support and guide each other as professionals  So, moot courts have done me abundant good, but my batch mates who didn’t participate in them are doing well (professionally) for themselves as well.

     

    How did you go about choosing your internships?

    Internships were a medium to figure out which area of law interests me and whether corporate practice or litigation was the way ahead for me, therefore I started interning with litigation law firms followed by tax experts, intellectual property (focused) firm and corporate law firm. The internships I undertook absolutely served their purpose and by the time I got my degree in law I had sketched by career path for next couple of years.

    What motivated you to choose litigation after graduation?

    Having interacted with lawyers in niche practice (IP, tax), corporate lawyers and litigation lawyers during my internships, the advise I constantly received was to do litigation for a couple of years to understand procedure and consequence of ‘commercial terms’ in court (when they go in dispute). I chose to pay heed to their advise and jumped into litigation.

    How did you secure your first job at K.R. Chawal & Co.? 

    I got a call for an interview at K.R. Chawla & Co, through a job portal followed by an interview with the Partner. K.R Chawla & Co. at the time was an ideal place to work for a fresher; interaction with the different partners helped me gain so much more knowledge than the civil and writ jurisdiction work I was involved in at the time. The firm was traditional lawyer’s office where everyone was treated almost like family and Mr. K.R. Chawla even more so.

     

    What is the nature of work you took up at Citi Bank? 

    I joined Citi group as a legal executive where my work profile included 80% of litigation management and 20% drafting and review of agreements. My time at Citi helped me gain perspective on how legal solutions have to make business sense and how our role as legal counsels needs to be communicated to the management and other departments of the Company.

     

    Could you share with us some of the interesting cases and learning experiences from your time working at Artis Legal and Associated Law Advisers? 

    At Artis legal I was initially trained and soon was given  to  handle on my own, corporate real estate deals, corporate advisory and disputes, with minimal supervision. I thoroughly enjoyed learning the craft of negotiation and getting to do it all, on my own was thorough pleasure. The direct interaction with the stake holders (of giant corporate clients) definitely instilled responsibility, immense pride in my work and confidence. Working with seasoned lawyers who care to mentor you well, does go a long way in chiseling  your skills.

    What does a typical work day look like for you as an Attorney at Samvad?

    Having gained experience as a litigation counsel, in-house counsel and a corporate counsel, I was looking to learn something new and increase my skill set. I was interested in doing private equity related work and I got to know of an opening at Samvad Partners  and applied to the firm’s HR. The hiring process started with an interview with firm’s partners and followed by a small work assignment . At Samvad, our day is charted very different when we are in the middle of a due diligence (which is always time pressed), acquisition or investment deal and when we are handling smaller agreements or corporate advisory. In the former situation, the day begins before the sun rises with doing your share of the work, getting to office by 9.30 am then the day just replete with calls, discussions (internal and external), drafting, review, finalising documents, the works. We (associates and partners alike) tend to pull late nights then.

    In the latter scenario, the day is more relaxed, we are encouraged to finish our piece of the work as early and head back and the day in the office  is laced with fruitful discussions (with partners as well) around law and otherwise.

     

    What are your interests outside law? 

    Apart from law I enjoy travelling (every chance I get), photography, reading and spending time with my friends and family. The intent is to strike a balance between work and life (otherwise) but then it seldom materialises, I steal whatever time I can for my interests outside work.

    What are the challenges you have faced in building up your career as it stands today? Where would you like your career to take you five years down the line?

    The challenges I faced to build my career are pretty much same as any first generation lawyer would but the fact that am brought up in Delhi and stayed with my family did ease out things. Managing to get a placement in a good firm without any “contacts” that too when you passed out into a recession hot market, was a trek, but then every step I learnt a lot including to value the good (people / circumstances) and weed out the negatives and every achievement is your ‘own’.  My career as it is today and the rather unusual path I have taken till date, I am unable to foretell the path ahead, but yes in five years I do see myself practicing out of my own office.

     

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

    Newsletter, articles and journal are what I utilise to navigate through the latest events and changes in law which I follow up by going back to the actual source (master directions, notifications, statutes, circulars), along with discussion with friends( who practice in different branches of law).

     

    What would be your parting message to our readers?

    Rise up the career ladder but don’t forget to have a life. Every law students must watch the movie “And justice for all” once before you set foot in the profession.

     

  • Sahil Ahuja, Legal Manager, Flipkart, on IP Law, the need for innovation, and his experience

    Sahil Ahuja, Legal Manager, Flipkart, on IP Law, the need for innovation, and his experience

    Sahil Ahuja graduated in law from Pune University, batch of 2010. He currently works as an in-house Legal Counsel with Flipkart and his core practice areas include IP, litigation and software contracts. Prior to taking up his current role with Flipkart in 2015, he has worked with R.K. Dewan & Co. for over four years and Krislaw for about an year.

    In this interview we speak to him about:

    • Being engaged with IP Law
    • Choosing between litigation and corporate law
    • His past experiences

    Have you always been keen on pursuing law?

    With some of my family being reputed members of the legal fraternity, I always found law intriguing. However, joining the armed forces and taking up music professionally were other career choices I had pondered over. I am fortunate to have liberal and supportive parents, who, right since my formative years, encouraged me to find my passion and pursue it professionally. After giving it a lot of thought and receiving valuable counsel (and watching a lot of Boston Legal!), I decided that law was the profession for me.

     

    Tell us a bit about your time as an undergraduate student.

    Law College was a long five year journey and at times the abundance of subjects made it seem longer. Like most law students, there were some subjects that I really found gripping and others that made me want to hit the sack and doze off! I enjoyed spending time researching on subjects that caught my fancy and the rest on either sports or music. Examination preparation was always limited to the eleventh hour.

    Did you take part in co-curricular activities while in college?

    Well, you know what they say about all work and no play. Situational awareness, problem solving abilities and an open minded approach are pre-requisites to being a good and effective lawyer today. These are best achieved through being involved in a competitive sport and pursuing other co-curricular activities. I can’t emphasis enough on the importance of overall personality development for someone interested in practicing law.

    I played the lead guitar for my college band and was a winger in the football team.

    In fact I’d like to share an interesting experience that taught me one of life’s crucial lessons. Initially, whenever I tried to master a really fast paced guitar solo, I’d find myself trying too hard, which would result into my fingers tensing up and I’d end up falling short on speed. I remedied this by consciously calming my mind down and letting go of muscle tension and after that speed and accuracy were never an issue. Sometimes you end up not getting the desired results because you’re trying too hard and are hell bent on getting things perfect. In, such a situation, it is important to relax, withdraw yourself from the situation and rethink your approach.

     

    What were your areas of interest during your legal education? 

    IP, contract law and jurisprudence were among my favourite subjects. I found criminal law and criminology gripping as well. Always having been fascinated by the value of intangible assets and the importance of protecting innovation, I found myself inclined to pursue IP as my core area of expertise.

     

    How did you make the decision between Litigation and Corporate practice?

    Choosing between the two is a common dilemma for a lot of law students, but I strongly believe you cannot sever litigation from corporate practice or vice versa. Litigation is the essence of law and every lawyer should experience it, whether under a senior counsel or in a corporate environment. On the other hand, understanding business is as important for effective application of legal education.

    I wanted to hit the ground running and owing to my love for IP, I decided to join an IP law firm straight after graduation.

    What are the causes you feel strongly about? 

    I strongly believe innovation is the key to improving the quality of life and the surest way to encourage innovation is by strategically securing rights therein for effective monetization. It has always been my endeavour to formulate strategies to protect creativity, whether in the form of novel technology or marketable brands. Through my expertise and experience in the field, I have helped safeguard innovation and ward off infringement which has hopefully incentivized innovators I have worked with.

    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? What are the parameters that must be considered in deciding what the next step should be after graduation?

    Career options for law graduates nowadays are plentiful and being unsure about what path to take is absolutely normal. While at law school, students are exposed to a plethora of subjects and it is essential to identify one or two practice areas that appeal to you the most. To arrive at this decision, it is advisable to get a taste of the practical aspects of all subjects by participating in moots, debates and attending the Courts.

    I think deciding between studying further or commencing practice is a very personal choice and the key here is to follow your heart and avoid being swayed by convention. It is crucial to spend some time organizing your thoughts about the direction you would like your professional life to take.

    When making an overall decision, ask yourself two questions:-

    1. “What practice area do I want to deep dive into?”
    2. “How can I create the maximum impact in that area?”

    And remember, there is no wrong answer. Once you’ve narrowed it down, your self-belief should set you on your track.

     

    How did you come to take up a position with R.K Dewan Co.? 

    I started my career with Krislaw, a Pune based IP firm right after graduation. Here I got introduced to working on the practical aspects of IP. However, I soon felt the need to deep dive into the subject and deal with its intricacies. Consequently, I joined R.K Dewan & Co., one of the earliest and better known IP boutiques in the country. After just a couple of months at the firm, I knew I was at the right place to grow as a professional and a subject matter expert. At R.K Dewan, I was exposed to a wide array of matters involving identification of IP, formulation of IP strategies, strategic brand protection and effective enforcement mechanisms to name a few. I was extensively involved in litigation and commercial contracts and also got a taste of driving anti-counterfeiting actions for an automobile giant.

     

    What does your role entail as an Associate at R.K Dewan Co.?

    R.K Dewan & Co. offers an extremely rich and conducive environment to grow professionally. The absence of rigid water tight compartments ensures the opportunity to work on a wide array of matters, making it ideal for young professionals. My proactive and result oriented approach was always appreciated here and due to the firm’s high repute, I got the chance to work extensively on matters for several high profile clients. Title clearance searches, attending to office actions, drafting cease and desists, IP due diligence, technology licensing and brand protection were areas I had to attend to on a daily basis. Another skill I acquired here was advising clients on identification, selective registration, monetization and effective enforcement of IP. I also got my first taste of appearing in Court and arguing before a Judge.

    I focussed quite a lot on developing drafting and negotiation skills, in so far as commercial contracts are concerned. I tried to keep myself abreast with landmark precedents and latest judgements. Another activity I enjoyed was writing articles for the firm’s monthly newsletter.

    What has the experience been like representing R.K Dewan Co. at international conferences?

    I was fortunate and am grateful to the firm for sending me for various conferences and seminars. The most memorable and noteworthy was the INTA Annual meet which took place in Hong Kong. It was exhilarating interacting with IP professionals from all over the world and learning about what course the law had taken in their respective nations. Apart from sharpening my networking skills, the conference offered the chance to be a part of committees that addressed global aspects of IP like cybersquatting, trans-border reputation and counterfeiting to name a few.

     

    Can you please share with the readers your work profile so far at Flipkart?

    Having gained a lot of exposure in a little over four years at R.K. Dewan, I wanted to experience things from the other side of the spectrum and in 2015, I decided to take up the role of an in-house counsel with Flipkart. After a promotion in less than an year of joining, I am currently at the position of Legal Manager in the IP and litigation team here. Apart from managing the entire IP portfolio of Flipkart worldwide, I have broadened my horizon to include handling recovery, competition and warranty related contentious matters. Flipkart, being one of the most valued brands requires constant proactive measures to curb rampant infringement. My strong focus on the most effective, timely and cost efficient mechanisms for brand protection has led to me adopting unorthodox strategies to resolve issues on several occasions. I work on negotiating and vetting several technology and cloud services procurement contracts at Flipkart. A lot of my time goes in working on cybersquatting and domain disputes. Intermediary liability is another aspect I work on extensively. Working at Flipkart has been an insightful journey so far which has taught me the essence of balancing business and law.

     

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

    I was fortunate to receive the guidance of Dr. Mohan Dewan from an early stage in my career. Apart from his unmatched knowledge in IP and law in general, he knows a lot about almost everything under the sun! I found this very inspiring and always looked up to him. His ability to expeditiously understand a client’s exact requirement, better than the client himself was something I always admired and strived to inculcate. He has and continues giving me valuable counsel about various aspects of life, far beyond merely my profession.

    Aneesh Garg, who heads the litigation team in Flipkart is another person I look up to as my mentor. Having been a Judge for a decade, Aneesh’s assessment of proposed litigation strategies is second to none. He has motivated the team to achieve newfound success.

     

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

    Being a professional, the only way you can pursue personal interests is by consciously making time for them. My undying love for music has ensured I don’t give up playing the guitar and I try to keep challenging myself. Football is now restricted to the weekends and I try to squeeze in a few frames of snooker every now and then. I make it a point to devote time for fitness on a regular basis.

     

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

    I keep myself updated by regularly reading a couple of quality blogs and through knowledge sharing sessions at work.

     

    What advice would you like to give our readers, who are mostly law students and young lawyers?

    Have faith in your ability, stick to your beliefs and constantly work on yourself, not just your knowledge base.

     

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

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

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

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

    In this interview we speak to her about:

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

     

    How would you like to introduce yourself?

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

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

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

     

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

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

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

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

     

    How did you develop an interest in litigation?

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

     

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

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

    How can students avoid a decision paralysis?

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

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

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

     

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

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

     

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

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

     

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

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

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

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

     

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

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

     

     

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

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

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

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

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

     

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

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

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

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

     

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

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

     

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

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

     

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

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

     

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

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

     

    What are the causes you feel strongly about?

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

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

     

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

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

     

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

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

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

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

     

  • Marilyn Coelho, Compliance Manager, Legasis, on studying in Goa, and her experience in corporate compliance

    Marilyn Coelho, Compliance Manager, Legasis, on studying in Goa, and her experience in corporate compliance

    Marilyn Coelho graduated in law from GR Kare College of Law, Goa, in 2010. She then went on to pursue her Masters from Symbiosis International University, Pune, in international and business law. She is currently compliance manager at Legasis Services Pvt. Ltd., where her role entails research on laws applicable to various industries like automobile, IT, pharmaceutical, telecommunications etc.; establish relationships with foreign law firms to grow the compliance network, trainings on bribery laws like the FCPA, UKBA and PCA, prepare compliance manuals based on the compliance need of the organisation, Implement a compliance solution for any given organisation, identify new business opportunities, and client relationship management.

    In this interview we speak to her about:

    • Studying in Goa
    • Her diverse experience in corporate compliance
    • Striking work-life balance

     

    How would you like to introduce yourself to our readers?

    “Be the change you wish to see in the world” – Mahatma Gandhi once said. This quote is what inspired me to take up law. I strongly live by this statement, which mind you is not easy to practice at times. Education/Reading + Proper Application + Positive thinking together make a good blend of thoughts and character required to achieve this initiative. I choose to use this blend to help me achieve the goals that I set out, however small they might be, and it works for me.

     

    What inspired you to take up law? 

    When I first decided that I want to study law, everyone was bit taken back because I loved History and it was only natural for me to do a Major in History. At first, the jokes about lawyers and the questionable morality of the profession made me second guess my decision, but I had a really great support system and that helped me and encouraged my decision.

    Being a silent participant in the injustice that takes place all around us, is not something I could live with. Law helped me realize that I am able to conceptualize my ideologies.

     

    Tell us a bit about your time studying law as an undergraduate student at GR Kare College of Law, Goa.

    The education system in Goa especially for law was encouraging as we had a lot of very experienced and knowledgeable professors who always motivated us to do better and be better. It also was a lot of fun as the professors has a humorous side to them and had a great way of connecting law with practical examples and personal experiences which made the learning experience enjoyable. We used to have a lot of surprise tests and assignments that we needed to submit and the evaluation criteria was quite tough. This meant that we could not copy from the internet much (Jokes), but this is what helped us in applying our minds and to produce work that was both original and creative. Law assignments are all about case studies and legal provisions, the more case studies you add the better it is, but what we learnt was that it is not just about the number of case studies or legal provisions that you cite, but more focus was given to the quality of the content of assignment.

    “Try not to become a man of success, but rather try to become a man of value.” – Albert Einstein, this message and quality was imbibed in us, for which I am grateful as it thought us that we as lawyers have to work hard to uphold the integrity of the Constitution and stand by what we think and believe to be right.

     

    Have you always been keen on a career in Corporate Compliance? 

    Corporate compliance is something I stumbled upon on my way to finding out my practise area and I am glad I did as I am able to again conceptualize on my ideologies of justice.

    Corruption and greed as you may agree is the root cause of all the injustice that is prevalent in the world. Our economy is booming but our ecosystem is struggling. The question is how and why? My response would be lack of accountability, lack of transparency, lack of governance and lack of compliance.

    Compliance not only promotes good governance, but also helps our ecosystem flourish by setting up systems and processes that help prevent corruption and proper utilization of funds.

    Law is a very profession with an ocean of practise areas, deciding which practise area you should pick really depends on what your interests are. Say you are passionate about sport; you have the option of looking for internships with lawyers practising sports law or writing about sports law.

    When you are not sure about which practise area you pick or which career path you have to follow, just sit down and think. The starting point would be to pick out your areas of interest, prioritize your interest, and find out how best you can achieve commercializing your interest.

     

     

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

    In one word, lost. Moving out of law school I felt I had mugged up enough books and gathered sufficient knowledge to help me on my career path as a lawyer, BUT, it wasn’t so. Even though we had a very practical and experienced based education, it just never prepares you for the cut throat competition, the various ways of applying the law and changing enforcement regimes.

    Can you tell our readers a little about the work that you do?

    The company (Legasis Services Pvt. Ltd.) which I work with has given me plenty of opportunity to diversify and grow. As I said, earlier corporate compliance is something I stumbled upon, Legasis helped me realize the importance of compliance to our society and how organisations can benefit from having robust compliance systems in place to meet their business need.

    I had the opportunity of going on a secondment to Jaguar Land Rover for a year and a half to assist them in setting up their Global Compliance Programme. This was a great experience as it took me to the other side of the fence and helped me get a more holistic view of compliance and form an organisations perspective.

    Today as a compliance manager I view compliance to be a business enabler and a car that is very much in need of a driver. My role is not restricted to any legal area or any specific industry, which is great as it keeps challenging me and increases the learning curve.

     

    Could you tell us a bit about the training programmes that you conduct for conglomerates in India on topics of fraud, corruption and bribery?

    Honestly speaking, this topic is something that I am very passionate about. I look at these training or sensitization sessions as a good deed that I am doing but in a corporate landscape. One would automatically assume that being a conglomerate, all the employees or management would be well aware of their corruption or bribery risks, it is actually quite surprising that this is not the case. There was a gap of knowledge on this topic and we are happy to have been able to identify this gap and lucky to have been given the opportunity to fill this gap.

     

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

    It is so important to make time to pursue your personal interests. Finding a balance between work and your social life is a great start to a successful and happy career. I love to read and travel, and fortunately I am able to do both.

     

    What advice would you like to give our readers, who are mostly law students and young lawyers?

    Be brave and follow your dreams.