Super Lawyer

Category: Associates, In-House Counsels and Advocates

  • Kanishk Agarwal, Founder, CriTaxCorp on starting out a criminal law practice and legal entrepreneurship

    Kanishk Agarwal, Founder, CriTaxCorp on starting out a criminal law practice and legal entrepreneurship

    Kanishk Agarwal studied at Vivekananda Institute of Professional Studies (VIPS), New Delhi and graduated in the year 2009. He then began his career under Mr. Ashok Batra, and subsequently moved on to PricewaterhouseCoopers India. However, his interest in Criminal Law drove him to establish his own firm, CriTaxCorp. Kanishk is also the creator of the Indian Bare Acts Pack app.

    In this interview, he discusses

    • His career trajectory and the reasons for starting his own firm
    • The development story of the Indian Bare Acts Pack app
    • How to enter a practice of one’s choice for students
    • How to maintain a work-life balance and why it is imperative

     

    How would you like to introduce yourself to our readers?

    I think the term ‘legapreneur‘ best describes me, which basically is ‘legal entrepreneur’, because I like exploring entrepreneurial qualities in the legal industry. Post my graduation I wanted to work in Criminal law, but instead started working with Service Tax law expert Mr. Ashok Batra who is a Chartered Accountant and the author of books on the subject. What drove me into this field was a practical family decision as my father is a Chartered Accountant and he wanted me to follow his lead in taxation laws. I worked with one of the ‘Big 4’ consulting firms in the world, Pricewaterhouse Coopers for about 18 months, but my love for Criminal law never faded and so and after gaining substantial experience in Taxation law, I started working under the flagship of Senior Advocate Mr. Ramesh Gupta (Delhi High Court) and thereafter I worked in the chamber of Mr. Subhash Gulati. Finally I started my own practice in 2013 by the name of CriTaxCorp after I believed that I had gained enough experience to set up my own law firm. The name of the law firm was put up very strategically to cover the three fields of law I gained my exposure in i.e. Criminal, Taxation and Corporate.

     

    What would you like to share with our readers about your time spent at VIPS both within and beyond the classroom? How did the city itself play a part in your legal education?

    Looking back, college times seems so distant yet I can remember it vividly. I have learned a lot from my college life, as I was a very shy boy in my school days, and so got a lot of exposure in my college life. I had always been an average student but was an active volunteer in organizing moots, debates, college events and the best was, organizing the college trip for three consecutive years where I had the nightmare of handling 300 law students. However, the exposure was surely a blessing in disguise. Being a Delhiite was always an advantage, but I never got a change from the city to face different cultures. However Delhi has given me great exposure from internships to working under great members of the senior legal fraternity.

     

    How did your interactions with your peers influence your growth as a law student and a general individual? Did networking and peer mentorship play a big part in defining your student identity?

    I had a good relationship with a few of my seniors and we were a combination of notorious and sincere pupils.  I still remember asking for help with books or notes late at night, or for any other help regarding sorting out a tiff with any student or taking suggestions for my internship plans, and they were always very helpful and I definitely got great help. Once they graduated from college, I got to know about their experiences in independent practices or in law firms and they helped me reach where I am today, owning a firm myself. I always feel pleasure in helping juniors from my college who are worthy by providing them with internships under my tutelage and exposure to a variety of laws.

     

    During your time spent there, what, if any, extra-curricular or co-curricular activities did you take up? How did the same affect your learning experience and prepare you for the legal sector?

    It is true, college life is a golden period in one’s life. I was always very interactive with teachers and was an active participant in college activities like dancing, organising fests, college trips etc. Being involved in extra-curricular activities really helped me at large because I learned the tricks of management, organising, diplomacy and living up to my responsibilities. It really sharpened my skills to understand human behaviour and their reactions to different things, which a good lawyer must know, as reading a client or witness is half of the lawyer’s work.

     

    What would you describe your first experience as an associate at A.K. Batra as, and how did the same affect your career trajectory?

    I opted for Service Tax mainly on account of my father being a Chartered Accountant. It was a practical decision made by me to work with Mr. A.K Batra, and it was a great learning process as he provides a lot of exposure to the lawyers and CA’s working with him. He is still a great mentor and I know I can reach out to him whenever I hit the wall in Service Tax query.

     

    What prompted your shift to PwC India in 2010?

    Anyone and everyone who works in the field of Taxation law has this desire to work with a ‘Big 4’ firm, be it a lawyer or a CA. I am glad I took the step to join PwC as it exposed to me how the real big corporates work, their billing structure, their culture etc. I left PwC because of my love for Criminal law and since I wanted to make an identity of my own. I met some great people who are partners in the firm and still encourage me towards my achievements. It was a good learning experience.

     

    As the founder of CriTaxCorp, what were the initial challenges you faced as a legal start up in India? What was your competing strategy for taking on larger firms?

    CriTaxCorp started with a rough patch, as we worked towards targeting different sectors where nobody had worked. The “Aha!” moment was when I got a client form the Bitcoin (the digital currency) industry and I got a chance to understand the block chain of digital industry. Thereafter I did some exciting work in online poker regulations, logistic companies, start-up ecosystem etc., and getting into these fields really triggered me to go forward.

     

    What would you define as your firm’s unique selling proposition?

    While dealing with a matter in Criminal, Taxation or Corporate laws, we combine the knowledge from all major verticals of law. Providing exactly what the client requires is one of our mottos, and we believe in understanding the business of our client more than the client does so that we can deliver our best. This also sharpen our skills to dig deep and helps us understand the core issues of any industry. CriTaxCorp believe in one principle that a professional grows when his client grows.

     

    kanishk-agarwal-2

    Among your other accolades, what inspired the creation of Indian Bare Acts Pack? What were the challenges faced in creating and establishing the same?

    When I got to know about certain Bare Act Apps available for lawyers I was really amused and amazed at how technology is easing the pain of people at large. However, when I downloaded certain existing legal Bare Acts Apps on one of my senior’s tablet, I got a good thrashing from him as they were not updated since 2008 and reading outdated law is the last thing a lawyer wants to do. So, it got me thinking and I wanted to do something for the legal fraternity, as it has taught me so much. So I decided to put my money where my thought was and I ideated ‘Indian Bare Acts Pack’ mobile application so as to help lawyers. The app has 4 major Acts which are like the bible for any lawyer. CrPC, IPC, Evidence Act and CPC and I also included Service Tax law as I used to work in that field. Making the app was not an easy task, as I had to review the designs, see the working of the app, and pay for doing work. I created around 2800 word files which were formatted, indented and checked word by word by me. I was really overwhelmed when I was informed that the Delhi High Court Bar Association would like to unveil this app in a function which was organised for judges of the Supreme Court and High Courts.

    What just started as a gesture to give back to the legal fraternity has turned out to be the best app in the Bare Acts category reaching to nearly 1,00,000 lawyers. On the request and review of many lawyers, judges, CA’s and law students we are taking it forward and will come up with an updated version with some great features which will be of use to everyone, from law students to respected judges.

    The readers may also like our Facebook page “Indian Bare Acts Pack” to be updated about new features and updates on the app.

    Lastly, yes there were many sleepless nights spent in making this app. I remember that when I got the news that my App was going to be launched, by DHCBA in a function organised to facilitate High Court and Supreme Court Judges, in a matter of 2 days, in those two nights I made nearly 2000+ word files and coordinated with the developer to complete the App on time. It was devastating but it was all worth it!

     

    What are your views on the current generation of law students and would you say the approach to education has changed since your college days?

    I feel that this generation is full of talent and they are impulsive as well. (Laughingly)As I belong to this generation as well, I will say that this generation is not scared of hard work but they expect prompt success. They must understand that the first five years after graduation could be difficult and full of struggle but once when they get polished they will eventually grow and succeed. One should understand that it is not required to run behind alluring packages. Once they gain all practical knowledge and have a command over the law, money will chase them automatically. I also believe that year by year the concept of a teacher and pupil is also fading, which is something I really hold dear to my heart.

     

    To our younger audience looking to get into Corporate or Taxation oriented fields, what advice would you give them for breaking into the field?

    The best thing to do is opt for as many internships as they can to get a better understanding and gain practical knowledge, Firstly, they should understand the whole concept of a subject matter, for eg. Taxation is a subject which is either really liked or totally disliked by lawyers, so one needs to understand and explore to see if they have interest in it or not. Also, one should pick one taxation subject at a time because trying to understand all of them in internship period will only confuse them. Secondly, as for Corporate, it is very wide field which ranges from drafting of agreements to regulatory compliances to transaction advisory. It is a field which requires round-the-clock–work, with alluring packages, so one need to understand exactly what they want with respect to work-life balance or money. Corporate law firms have a deadline bomb which is always ticking and the stakes being high, one cannot afford to miss any deadline. I would like to end this question by saying that legal practices are like delicacies you need to get the taste of each of them until you know which one suits your taste buds.

     

    In the midst of founding a law firm and creating apps for the legal community, how much of your personal life have you had to compromise on, if at all?

    Earlier it was hectic and as I am a workaholic, I have worked round–the-clock on my application. Whenever I get time I read articles for better understanding of technology, but I have adapted all this as a hobby and so it is not a burden. I believe that if things are planned and one knows how to manage time, they can easily coordinate their personal and professional life. I always go out with my family and friends once in two weeks, otherwise what is the fun of being the founder of your own firm and earning well if you can’t have your own time out and spend what you earn. However, one needs to prioritize their practice of law, interest and goal with their time in order to follow a focussed path to their success. I am still experimenting to know the ultimate path, but that is the fun, provided you balance the fun with focus, risk and passion.

     

    Finally, do you have any other advice for our readers, most of whom are college students?

    I would suggest that they do as many internships as they can in various fields and they must always grind and hustle to get more and more work from their seniors. The exposure they get in internships will help them see the career path they want to choose. Also, I would suggest that since everyone is so engrossed in social media and their mobiles these days, every student should like some of the law news Facebook pages and read some of the important news or judgments that they post. I am trying to do something to solve this for our fellow law students though my app, so let’s see. I would suggest that every lawyer must watch American television series such as Suits, Boston Legal or any other series that relates to law, as I myself have learned a lot from these and imbibed some of the things I have learnt from these shows into my practice.

    They must strengthen their core subjects such as CPC, CrPC, IPC, Evidence Act etc. as these will be used at all times in your practice. Lastly, it is the best time of their life so they should have fun, rough it out and learn from their mistakes.

     

    In your opinion, what is the role of technology in law and how can students best utilise technology without looking at it as a substitute for hard work?

    Being a technology enthusiast and founder of a technology based start-up I believe that everyone is embracing technology in one form or another. Technology companies such as manupatra or indiankanoon.com has eased the life of lawyers when it comes to browsing through judgments relevant to a case. I have received numerous mails from law students and court staff saying that my application has really helped them many times. Recently, one of the biggest law firms in the US named Baker & Hostetler licensed a software from IBM which is an artificial intelligence software to help law firms in bankruptcy and due diligence, so you can imagine how technology is playing a role in law firms. Also, being a legapreneur I get intrigued by mushrooming legal start-ups these days. To sum it up, technology is playing a significant role in our life and increasingly being adapted in our profession, so one should start embracing it.

     

    What is your view on these legal start-ups and will it create a new area of law for law students to look into?

    Yes, the start-up ecosystem is witnessing various new law related start-ups and some of them have got funding upto an amount of USD $500,000. However, the start-up eco system in general is witnessing a downtrend with investment/funding transaction dropping nearly 30-50% from last year. I hope all these new legal start-ups pave their way into the start-up ecosystem and a new unicorn is born in law start-ups. (Laughingly) I hope IBAP makes its name too!!

    As for start-ups creating a new line for law students, it purely depends on the interests of the law student and whether he/she gets intrigued by the vision of that start-up or not, because one setback is that start-ups mushrooms rapidly but most of them close rapidly as well, but yes it’s a new era of legal development and opportunities for upcoming law students.

  • Utsav Gandhi, Associate, Fox Mandal, on 1st year at a law firm and graduating from Nirma University

    Utsav Gandhi, Associate, Fox Mandal, on 1st year at a law firm and graduating from Nirma University

    Utsav Gandhi graduated from the Institute of Law, Nirma University in 2014. He has participated in many reputed International and National Law Moots and has headed various committees. During his time in college he made sure to get his hands on everything college had to offer. He is currently working in the corporate and real estate law team  at Fox Mandal, Ahmedabad and wishes to keep exploring the field and continue the cycle of learning.

    In this interview he talks to us about:

    • His decision of choosing ILNU and the college’s contribution in his career.
    • His views on Moots and other activities in augmenting a CV.
    • His work and experience at Fox Mandal.
    • His views and suggestions on starting a successful legal career.

     

    How would you like to be known to our readers, most of whom are the law aspirants?

    I am a corporate lawyer based in Ahmedabad and a graduate of the 2014 batch of Institute of Law, Nirma University. Also, I am a first generation lawyer in my family. Initially I thought of studying engineering, but when I started going for the engineering coaching classes the subjects did not capture my interest. While looking at other options I came across law and I immediately took a liking to subjects such as tort law, civil law and criminal law, that I came across while studying for the law entrance exam.

     

    What specific goals, other than those related to your current line of business, have you established for yourself for the upcoming years?

    None of my plans are set in stone. However, in the coming years I would like to grow as a legal professional and tackle new challenges over time. Further, I would also like to assume a position of leadership and develop expertise in a particular area of law. On a personal front, I was an avid trekker in school and that is something that I would like to proactively pursue as a hobby in the near future.

     

    What led you choose your college or university?

    When I joined ILNU it was relatively new, with the first batch students still in their 5th year. However, Nirma had a very good reputation for having excellent faculty with amazing infrastructure. In fact the Nirma University campus has to be one of the best in India. Also, when I went through the prospectus, it immediately piqued my interest since the course structure was unique, wherein a student could pursue a specialisation (Hons.) in either Criminal, Corporate, Constitutional or IPR Law. Thus, I believed that joining ILNU would help me immensely in building my career as a legal professional.

    How do you see your university and education and experience it imparted as being helpful in preparing you for a corporate career?

    I would credit the teachers at ILNU for being extremely diligent and focused on teaching the students about the basics of law. Further, I was also given the opportunity to explore many extra-curricular activities such as debating, MUNing and of course, mooting.

    Further the curriculum at ILNU was quite rigorous, with term assignments and exams always keeping me on my toes. This helped me greatly in improving my time management skills and also helped me to work under pressure, s so ILNU through 5 years of college, prepared me for the corporate life.

     

    Tell us about the activities you participated in while at university that helped boosting your progress?

    I participated in everything that I could get my hands on. I have participated in many international moot courts which have greatly improved my research and communication skills. In fact, mooting was the best thing about college as it also taught me how to work in a team. Further, I also tried my hand at debating and MUNing which helped me in public speaking. Apart from this, I have been part of the ILNU’s Campus Recruitment Committee and Literary Committee, which imbibed in me, the leadership skills, which are invaluable for any lawyer and something that every lawyer should possess.

    Also, I have presented papers at various international as well as national conferences and have got some of them published as well. This gave me the opportunity to extensively research on upcoming areas of law and have now helped me in my career. For example, I presented a paper on Corporate Social Responsibility, which back then was only an evolving concept and there was no legislation on the same. However, my research encompassed various jurisdictions and consequently, set up a strong base for me in that subject. Now, CSR has become a major area of interest/concern in the industry, and it has become extremely easy for me to advise the clients on the same.

    With regard to the internships, I kept an open mind before deciding on a particular area of law. I had not decided to choose corporate law as a career since the beginning. The various internship experiences I did helped me choose a definite career path. Thus, during my early years at ILNU I decided to intern with Nanavati Associates (District Court, Gujarat), Adv. Devang Nanavati (High Court of Gujarat) and Krishna and Saurastri Associates (IPR). Finally, it was when I interned at Phoenix Legal and Trilegal that I decided pursue a career in corporate law.

    Further, I have also completed various courses such as the Thomson Reuters’ Legal Advancement Programme (in my second year) and a diploma course on Entrepreneurship Administration & Business Laws jointly offered by NUJS and iPleaders. These courses helped me improve my knowledge base and have also played a major role in helping me to ace my interview with Fox & Mandal.

     

    Share with us your working experience as an Associate at Fox Mandal, India’s oldest law firm.

    I have been working on corporate and real estate law matters at the Ahmedabad office of Fox & Mandal for the past 2 years. My work profile mainly comprises of transactional and advisory work in the area of general commercial laws and drafting due diligence reports and advisory opinions on real estate law.

    Fox & Mandal is a huge law firm with over 200 lawyers across India and all the offices regularly connect with the each other. Therefore, I have had the opportunity to interact and work with some of the brightest minds and experts in their fields of law. Further, since the Ahmedabad office is relatively new I have also had the opportunity to network with potential clients across various industries in Gujarat. I believe that no other big law firm would have provided me with this opportunity and I am sincerely grateful to Fox & Mandal, as I believe that this will always be of an immense help to me.

     

    Would you like to share with us any of your accomplishments before or after joining the Law School or even after your placements?

    The first moot that I went to was the GNLU International Moot Court Competition, where our team won the 2nd Best Memorial Award. Later on, we were the first team from ILNU to get selected for the prestigious D.M. Harish Memorial International Moot Court Competition through the Memorial Round. I was also awarded a gold medal by ILNU in recognition for my moot court achievements.

    Further, I have also won an essay competition which was then consequently published in a book titled “Right to Development – Views and Issues”. I also pursued an online internship with Alexis Society (an organisation dealing with issues relating to youth empowerment), where I was adjudged the Best Intern and I had primarily worked on the research topic of Global internet freedom.

    At present, I am also closely working with Adhrit Foundation as an Editor and an Internship Coordinator. My priority tasks with Adhrit include Editorial Work, Content Development and Talent Development. This role has provided me with the opportunity to mentor many law students who have just begun their law school journey.

     

    Having seen the dynamic evolution in various facets of law, how did you manage to seize any opportunity that knocked your door?

    One has to really be on their toes and it is very important to keep a lookout for any new opportunity. The best resource for this is of course the internet, which is a multitude of vast information. However, in order to stand apart from my peers, I always chose to do something new and take risks and I give a  100% to whatever I am doing.

    Also, I always keep myself updated with the latest developments in the legal field and immediately prepare concise notes for the clients on the upcoming areas of law which are going to have a big impact on the industry. After joining Fox & Mandal, I have also assisted in organising various conferences and workshops with the latest one being a Workshop on Sexual Harassment of Women at Workplace. Further, I have also delivered a lecture at Apollo Hospital, Ahmedabad on the medico-legal issues that healthcare professionals face. This has helped me in understanding the industry issues and consequently, helped me in addressing their various concerns too.

     

    How would you advise a law student if one has to start on to preparing for a career while in college?

    I believe that a law student should focus on his academics to ensure that the basic concepts are clear since that is the first thing that the recruiters will look at while short listing a candidate. However, one does not need to be a topper to get a good job. The important thing is that the CV should be well-rounded. Also, I would advise the current crop of law students to moot extensively, irrespective of whether they’re choosing litigation or a corporate law career. Mooting develops ones research and communication abilities to a great extent. Further, other extracurricular activities such as debating and presenting papers at various conferences also helps in developing presentation and research skills.

     

    In the end, what would you like to communicate to the fresh graduates who are ready to set foot in the law firm?

    Keep an open mind and work on as many areas of law as possible and always interact with everyone across the board, be it an Associate or the senior management. Further, the field of law is dynamic and ever changing, hence, one has to stay abreast with the latest developments and preferably conduct a thorough research on topics which may have a huge impact in the future. Also, ones aim during the first couple of years at a law firm should be to accumulate knowledge on all the aspects of law and not confine themselves to a particular area from the beginning.

     

    This interview was taken by: Kadambari Tripathi, Student at Institute of Law, Nirma University, Ahmedabad

  • Manas Agarwal, Scale-1 Officer, Karnataka Bank on cracking the Institute of Banking Personnel Selection (IBPS) and the interview rounds

    Manas Agarwal, Scale-1 Officer, Karnataka Bank on cracking the Institute of Banking Personnel Selection (IBPS) and the interview rounds

    Manas Agarwal graduated in the year 2014 from School of Law, Christ University, Bangalore. Immediately upon graduation, he joined Accenture Pvt. Ltd. as a Contract Associate, before appearing for the Institute of Banking Personnel Selection (IBPS) and being selected as a Scale-1 Officer (Law) for Karnataka Bank.

    He holds a Diploma in Business and Legal Studies, apart from having completed a general course on IPR laws conducted by WIPO. He has to his credit many awards ranging from debating to moot courts. In this interview he discusses:

    • The benefit he accrued from studying in a private university with many departments.
    • The IBPS examination and how he cleared it
    • His tips to ace the interview rounds after a selection process
    • The importance of a helpful mentor in a lawyer’s formative years.

     

    How would you like to introduce yourself to our readers?

    Hey! This is Manas Agarwal. I prefer to introduce myself as a lawyer falling under the ‘Non-Nerd’ category. I graduated from School of Law, Christ University, Bangalore. I am currently working as Scale-1 Officer (Law) for Karnataka Bank.

    Was studying law your dream career? What motivated you to take up this field?

    In all honesty, it was a dream career which I started dreaming of after class 10th. I remember that day when I was sitting on the stairs of my boarding school (Wynberg-Allen School, Mussoorie), staring at the lush green hills under the monsoon clouds and thinking aboutwhat to do with my life. That is when I asked Mr. Tindale (the Principal) who was standing next to me– “Is it a cool thing to be a lawyer?” His ‘Whoa! Attaboy’ expressions followed by a detailed explanation motivated me to take up this field with the never ending support of my parents.

     

    Tell us a little about your time at School of Law, Christ University, Bangalore. What extra-curricular activities did you participate in and how did it enrich your law school experience?

    Christ University was a good platform for me not only to grow as a budding lawyer but also to grow as an individual as I was being exposed to different multicultural and departmental benefits which a deemed private university could offer. I was an average student academically. I was that guy who enters the class with a basketball in his hand in the morning. Every class has that one guy. I was mostly active outside the classroom being immensely involved in the extra-curricular and co-curricular activities such Client Consultation Competitions, Negotiation Competitions, Moot Court Competitions etc. I was a part of the college’s basketball team and a ‘C’ cert. NCC cadet. I used to have basketball team practice before the class hours and NCC drills on Saturdays post classes. I made a lot of good friends who are not just restricted to the legal industry but belong to different departments such as management, computers, engineering, commerce, arts etc. which again is one of the perks of a private university having different departments under one roof.

     

    You have won many moots, debates, client counselling and negotiation events during your years at law school. What do you have to say about excelling at such events?

    manas-agarwal-2As we prepare for a competition, we spend hours researching about the problem/topic in the process of preparing the contentions/agenda. In this process of intensive research, many a times, students get deeply engrossed in the problem and reach the advanced level of the research but forget to prepare on the basic or elementary knowledge of the problem in hand which is mostly questioned by the judges in any competition. My advice to students who wish to excel at such competitions would be to start from scratch. Try to understand the problem first and then ask yourself- Did you understand the subject matter? Can you narrate the problem to your friend without looking at it? If not read again. Before turning into an insomniac and shifting to the advanced research levels reached through spending late nights at the library, a student should work on the root questions. If a student is thorough with the basics, half the battle is won.

     

    You hold a diploma in business laws and have also completed a certificate course on IPR laws offered by WIPO. What is the value addition of such external courses?

    As a student of law, when I took up these courses the thought which hit me first, as it mostly does for the students of that age, was it’ll reflect good on my CV. What I have realised after completing these courses was that more than the CV, the knowledge delivered by these courses which helps in the long run. A decorated CV can only get you an interview call but the knowledge you gained will help you jump rest of the hurdles, both before and after joining.

     

    You have been selected as Scale-1 Officer (law officer) at Karnataka Bank conducted by IBPS. Would you like to tell our readers a bit about the examination and the process of preparing for it?

    Sure! So IBPS conducted this exam for Karnataka Bank. Firstly, the candidates were shortlisted based on the exam, which was conducted online similar to other bank PO exams. The exam was a 200 mark multiple choice question paper with 5 options. The paper was divided into 5 sections including Quant Aptitude Test (Mathematics, which was the biggest challenge for me being away from the subject for quite a time). There was 1/4th negative marking allotted for each wrong answer. Result of the test was communicated after a few days on the official website of the bank. The selected candidates were given the interview call letters and were accordingly called for the interview at the bank’s head office located in Mangaluru. This year they have selected 73 candidates in total including all categories – General Probationary Officer (PO), Agriculture Science and Law.

     

    What advice would you give to the candidates short listed for the interview?

    My advice to the aspirants is just to be real. Do not try to fake it or make up stuff. Respect the expertise which the panel possesses. They will easily catch you if you happen to make up stuff. Prepare well and if you do not know a thing then tell them clearly. Remember they want a genuine and honest employee.

     

    What are the responsibilities of a Law Officer in a bank?

    A Law Officer in a bank deals with the cases related to the bank and acts as an advisor to the bank whenever a question of law is involved. The statutes which a law officer deals with are Acts such as the SARFAESI Act, Indian Contract Act, Banking Regulation Act and various other statues related to the banking industry.

     

    You worked at Accenture Pvt. Ltd.  prior to this. How was your experience as a contract Associate?

    Accenture was a great place to work. I really enjoyed working there. Starting your career with an MNC such as Accenture teaches you a lot of things, professionalism being top on of that list. It helped me grow as a team player under the guidance of highly qualified managers who were always ready to connect and help me during and post work hours.

     

    You have interned at different places having different lines of business including Holla and Holla, Bangalore and ICIC Lombard, Bangalore. What were the greatest takeaways from these?

    As a law student, I had planned to design my CV in the most diversified way possible. Where Holla and Holla taught me the research work on property laws, ICICI Lombard extended my knowledge on the applicability of the motor vehicle insurance laws. When a law student enters a law firm or a legal department of a company in his initial years, he expects it to be like the TV series Suits. However,  right after the initial week, he gets his reality check. That’s when he is ready to adopt the new culture of the firm/company and tries to learn their way. This is the time when he actually needs some additional support from the lawyer he is working under or the supervisor. I was fortunate enough to have wonderful leaderships in both of these places which helped me learn the importance of management.

     

    What would be your message to law students and your fellow colleagues?

    Law school is a wonderful phase of your life. Make the most of it in all possible way. Once you are out of the law school you’ll find yourself in a swimwear on a beach. You’ll be desperate to enter the sea in order to beat the heat but you’ll be wondering from where to enter.  I have gone a bit philosophical on this one but I am sure you’ll relate to it one day. Stop worrying about the packages and CTCs. That should be your last concern (trust me!). It’s the knowledge and experience which matters the most in long run. Don’t forget you are a lawyer now. Do what interests you the most. Always remember what my elder brother (Manav) always told me- ‘First job picks you whereas you pick the second one.’ Don’t panic, you have time. Just focus on the direction you are in and not how much you are earning at the moment. ‘You don’t get a second chance and all’ is utter nonsense. Life never stops giving you chances provided you work and ask for them. Most importantly never ever stop enjoying (chilling- as we like to call it) no matter what you do or how busy you are. We are born to live and not just to work. Good Luck!

     

  • Divyakant Lahoti, Advocate on Record, on quitting law firm and setting up independent practice

    Divyakant Lahoti, Advocate on Record, on quitting law firm and setting up independent practice

    Divyakant Lahoti graduated from University School of Law and Legal Studies (GGS Indraprastha University, Delhi) in the year 2008. At present he is a third generation lawyer, an Advocate on Record, a dedicated and driven lawyer with an LL.M. qualification in International Commercial Law earned at King’s College London and experience within a wide range of settings.

    In this interview he talks to us about:

    • His experience working with Justice R.C. Lahoti, Former Chief justice of India.
    • The procedure to apply in King’s College, London.
    • Why he specialized in International Commercial Law and IPR.
    • The biggest hurdles in his early days of independent practice.

     

    How would you like to introduce yourself to our readers?

    I am a third generation lawyer and an Advocate on Record. Since my childhood I was sure that there is no other enterprising and satisfying career option than law. From the early days of my childhood, my career aspiration was to become a true lawyer having a sound knowledge of socio-legal disciplines and related proficiencies so as to make a positive impact on society by taking up a responsible position in the legal practise. My father Justice K. K. Lahoti’s hard work yet smooth-sailing lifestyle as an advocate and then as a High Court Judge appealed to my childhood dreams. My perspective on life changed when I closely observed my father work as an advocate in his office attached to our house. I could closely observe an advocate’s profession and his life. What drew me to this profession was the respect one earns and the satisfaction one derives from advising his clients and securing them justice. Both as an advocate and later as a judge, in my father I saw live-in-action honesty, integrity and devotion to duty, giving me an opportunity to imbibe these rare qualities.

    My entrance into this profession began after pursuing 5-year LL.B. (Honors) from my alma mater University School of Law and Legal Studies (GGS Indraprastha University, Delhi) in the year 2008. My quench for specialised legal knowledge persuaded me to attain an LL.M. from King’s College London, one of the top universities in the World.

     

    How did you go about your application to King’s College London (KCL)? How different was the study environment in that university?

    In a fiercely competitive environment, the only thing which looks simple is the procedure to apply. You need only three things at that time – an IELTS (International English Language Testing System) Score of 7.5 and above out of 9, a Statement of Purpose (SOP) and Curriculum Vitae (CV) along with the Application Form. However, each of them requires days, if not months, of preparation and persistence –to revise, review and refresh.  IELTS is easy to crack for those who are fluent in English and had English as a medium of instruction in their school and/or college. A few days of preparation is good enough to score the benchmark. The problem lies in drafting, structuring, tailoring and reviewing the SOP and CV. The entire labour lies in presenting a SOP and CV that can stand out and catch the eye of the University who is screening thousands of such equally good and well written SOPs and CVs. However, the procedure keeps on evolving and students are advised to read the updated procedure and policy before applying to the law school.

    One can choose a particular area of expertise which is taught by leading practitioner(s) in that field. The advantage of being taught by such Professors/Practitioners, who are considered authorities in their fields of law, is to provide the student with root information along with innovative and problem solving methods with a focus on a comparative and international outlook.

    At King’s College, the LL.M program offers a wide range of modules that enables the student to grasp a thorough knowledge of the increasingly important areas of law and their concepts and application. King’s College London is a place which is inspired and instructions are imparted by leading experts and the student receives outstanding cultural, research and career opportunities in the very heart of London.

     

    Which one would you say is better – LL.M from abroad or from India?

    Well, that’s a matter of personal choice coupled with the budget of the student. One of the key reasons for me to pursue LL.M. abroad was its duration of one year. Now, many leading Colleges in India are offering LL.M. programmes of one year. Since this duration gap is bridged, the second question that comes to mind is the quality of education and the expenses for pursuing such a course from India or abroad. Undoubtedly, going abroad is more expensive because of the high College Fee, rent for accommodation and living expenses. The student needs to choose the university wisely depending on multiple factors like the area of specialisation, the professors imparting the specialised knowledge, the university ranking and job prospects after completing the course.

    I personally believe that any College, which has an intellectually rich faculty, a formative environment and rigorous campus discipline on one hand and is collaborative on the other, together with the student’s passion and commitment, is an ideal recipe for success and accomplishment. A graduate from a mediocre college may shine and reach the pinnacle of his profession while a student from a leading college may find it tough to earn even a comfortable living. It all depends on how the student capitalises on the given opportunities during the course and develops himself as a professional. Of course, learning in a good educational institution and from good faculty do have their impact.

     

    Please share your experience working with Justice R.C. Lahoti, Former Chief Justice of India.

    Learning from, and working with, a living legend is a dream come true. I had the golden opportunity to work with him, on various arbitration and opinion matters, after his retirement as the Chief Justice of India. I have not only learnt the art of advocacy but also lessons of life from him. Success in your profession gives name and power but the qualities of character give a good name and reputation. A gentleman professional is respected and remembered. Such success can be reached by different paths but not by changing paths along the way. According to him, reading spiritual, motivational, inspirational books and biographies/autobiographies is an essential source to augment the knowledge and improvise one’s own personality.

    As a student and then in the early years of my professional career, I had the opportunity of living with Justice Lahoti as a family member. I have closely watched his routine and working style. Working and reading are his passion. He reads a lot, both literature and law. He is an early riser. From the morning till late in the evening, he is busy studying, preparing for arbitration matters which are coming up, dictating orders and awards, and checking and reviewing the dictation well before circulating the same to fellow arbitrators and parties. He has earned recognition for his oration. His speeches and social lectures, cultural and educational event are also prepared by him in advance. The lessons which I have learnt from him are: (1) work is worship; (2) it is never too late to learn; and (3) if you have accepted an assignment, put your heart into it; never compromise on anything less than the best.

     

    What are the basics of a legal notice and how can one learn to draft one?

    A Legal Notice is the first step to set the civil justice system into motion. Drafting a legal notice is an art and needs the same skill as drafting a suit. It demands legal knowledge, expertise and experience. You need to understand the entire factual background, evidence in hand, the need of the client and the law(s) involved. Once this preparation is done, then the lawyer must proceed to draft the legal notice. A notice is a way which lays down the foundation for future attacks or defence. The tenor and tone of the notice should be proper – not too aggressive. A properly drafted Legal Notice or its reply can avoid litigation or the same could help the parties settle the matter through mediation at a pre-litigation stage or can assist the court in adjudicating the matter. On this subject, one of the must-have books for every lawyer is Mogha’s Law of Pleadings in India.

     

    How did you decide to specialize in International Commercial Law and IPR?

    In this growing economy, it is indispensable to keep abreast with latest developments in  financial and commercial law to deal with the changing market conditions. Needless to say, to practice law in the corporate and commercial markets today demands niche and specialist knowledge, robust common sense, analytical and problem solving skills with the ability to deliver pragmatic solutions to the clients. Moreover, LL.M. in International Commercial Law provides an impetus for developing the ability to understand, analyse, and solve complex and unprecedented problems. In a corporate and commercial environment, a close proximity with leading legal systems is sine qua non which can be gained by pursuing specialisation course(s). Specialization in IPR was out of sheer interest. I was awarded the Microsoft IPR Scholarship during my graduation for authoring an article on copyrights. Thereafter, I studied an Advance Course on Copyrights and Trademarks from the World Intellectual Property Rights Organisation (WIPO). Pursuant thereto, WIPO had offered me a full scholarship to pursue a 2-year course in Specialisation in IPR from the University of South Africa (UNISA) and WIPO which I completed in the year 2011.

    The knowledge gathered from these specialised courses is immensely helpful in advising clients, and drafting commercial contracts.

     

    Describe your experience at Luthra&Luthra Law Offices. What led you to shift from the corporate sector to Independent law practice?

    Luthra and Luthra had provided me with an action packed litigation experience, be it 2G or Defence Scam, from heavy stake commercial arbitrations to high profile telecom litigation. Under the able guidance of Mr.Rajeev Luthra, Mr.H.S. ‘Bobby’ Chandhoke, Mr. Siddhartha Datta and Mr. Manu Yadav, I sailed smoothly through the pressures of strenuous and complex litigation. Irrespective of such work pressure, the environment in the firm was always conducive, cordial and friendly. I have made many friends for life at this place and learnt many lessons of professionalism and client interaction. Indeed, it is a Tier 1 Law Firm which values the work and sincerity of its members and also feels concerned for their life and career.

    The Firm gives you the necessary skills and experience to commence an independent legal practise. However, what you would require is to hone your entrepreneurship capabilities. It was a well thought of decision to switch from a leading Law Firm to open up your own firm, though it is a life changing event as it comes with much heavier responsibilities which are all on your shoulders. One of the major advantages of going independent is that there are more opportunities to appear and argue the matters yourself before the Court/Tribunal and make yourself a brand. Such an opportunity is rare in leading law firms where there is a tendency to engage senior advocates even for simple issue(s).  Moreover, in an independent practise, you tend to handle more clients simultaneously unlike in a firm where you would be assigned limited matters/clients. Undoubtedly, there is more flexibility in an independent practise as compared to working in a firm. You are the master of your own time and have the choice of choosing the matters to involve yourself. However, in the initial years of practice, you tend to do whatever comes your way to sustain a living. Once you are established, then you have an option to do or refuse to do certain matters or develop a specialised area of practice.

     

    divyakant-lahoti-1

    What do you think are the biggest hurdles and challenges in the early days of independent practice?

    One of the biggest hurdles, in setting up your own independent practice, is to have an office, with the amenities and library, preferably near the Court Complex. The purpose of having an office close to the court would be to ensure that you reach the court on time and travel time is minimised so that you can use that time in more productive and meaningful work. The next step is to pitch yourself by informing your friends, acquaintances and your professional colleagues that you have started your own independent practice and your services are now available for private clients. Then, hiring a suitable clerk who has reasonable knowledge of court procedures and filings.

    Establishing your own brand, among the clients and court-rooms, is the foremost real task. An independent practice encompasses not only getting new clients but also retaining them and recover your outstanding fees from them. It is a challenge in itself. A lot of productive time is wasted in recovering the professional fee which is also important or else, your labour is wasted. Another hurdle is running around different courts and forums for the matters listed on the same day. To overcome this hurdle, the only possible solution is to engage competent junior lawyer(s) who are willing to prepare and argue the matter, if the need arises, before the court.

     

    What would be your message to our readers?

    There are ample opportunities for every lawyer and youngster who should strive for such opportunities and excel. The profession offers humongous prospects for those who are willing to sacrifice their comfort and leave their complacency to make their mark in this field. Due to the changing economy, the chances of young lawyers are enhanced as new chambers are being opened up or existing chambers are merging resulting in larger clientele, bigger premises and pooling of resources such as libraries. These chambers are looking for enterprising younger lawyers who can whole-heartedly devote their expertise and time for productive, qualitative and quantitative work.

    However, youngsters are advised to do their research on such chambers/firms, make enquiry into the status of the lawyers/partners of the chamber/firm and the kind and amount of work they are handling. Some of these chambers may not offer good prospects. For those who are looking forward to litigation practise, it is indispensable for them to join such chambers which have matters regularly before the courts/tribunals so that they can gain experience in court crafts and the art of advocacy from their seniors apart from learning necessary drafting knowledge, the art of cross-examination and the art of addressing judges.

    After choosing the right chamber/firm, the next step is to enhance the ability to communicate.  The objective is to make the Judge understand the case. Youngsters should practice speaking up clearly with modulation. Simultaneously, they should also be able to present the case to the Court/Forum lucidly and with brevity in a humble way, eschewing irrelevant facts and irrelevant arguments.  Undoubtedly, courtesy towards the Judge and court manners, including wearing clean and presentable robes, are of paramount significance.

  • Mayank Aggarwal, litigation lawyer, NLSIU, Bangalore on litigation after law school

    Mayank Aggarwal, litigation lawyer, NLSIU, Bangalore on litigation after law school

    Mayank is a graduate of the ’14 batch of the NLSIU. Following his multiple achievements on and off the field, he received the Alyosha Kumar Gold medal for excellence in sports and extra-curricular activities at his convocation ceremony. He went on to work with Adv. Yudhishtir Kahol as an associate/junior advocate and subsequently with RHA Legal as an associate.

    Mayank’s interest in criminal litigation within the country, aided by his experience with pro bono work, gives him an added insight into the career path of any aspiring litigant. His multi layered exposure to evidentiary burdens, witness examinations, and all the other aspects of a complete trial from the grass root level.

    In this interview Mayank talks to us about;

    • His experience at NLSIU, both inside and outside the classroom
    • Taking up litigation right after law school
    • The importance of internships
    • Work experience at RHA Legal

     

    How would you introduce yourself to our readers? Tell us about life after NLSIU.

    I am a legal practitioner and consultant based out of Delhi, working across forums with special interest in criminal litigation, both legal and non-legal aspects of criminology and pro bono work for people who can’t afford legal representation. I graduated from National Law School of India University, Bangalore and have been litigating ever since. Presently, I am working as an associate in the Litigation & Dispute Resolution vertical of RHA Legal, an emerging law firm at Delhi.

     

    What motivated your decision to study law. Were there alternate career options you had considered?

    The decision to study law was more a result of a process of elimination than a matter of choice. After studying science for two years in 10+2, I was fairly certain that I did not want to write the IIT-JEE exam, unlike everyone else in my class at School. My father is a practicing lawyer and I had a fair idea about what a lawyer does on a day-to-day basis. Unlike a major chink of the population (fed on a copious diet of dramatic and caricaturised versions of lawyers on-screen), who have seen lawyers as those sneaky people, who, with their underhand tactics, save the guilty and should not be messed with. I was lucky to have greater perspective in this regard.  I believe, more than anything else, this privileged knowledge and insight into a lawyer’s life might be one of the key reasons behind so many second and third generation lawyers entering this amazingly empowering and engaging profession.

     

    Tell us about your time at NLSIU. Any fond memories or anecdotes you would like to share with us?

    At the risk of belabouring the obvious, I would say I had the time of my life at college. Not only because NLSIU is a very good academic institution but for the people and the work culture the place had and helped all of us imbibe. I was a very shy person before college; the place played an important role in shaping my personality, ideals, and value systems. I particularly relish the wonderful camaraderie, especially at display in hostels; all of us bound together through the chaos of project submissions and last minute exam readings, trying to beat some impossible deadlines and collaborative efforts on research projects for class.

    mayank-aggarwal-2

    While at university, you took a keen interest in sports. How did you manage to balance the academic rigours of the trimester system at NLSIU?

    (Mayank captained the university cricket team, tennis team, squash team, badminton team and helped organize “Spiritus” which is the largest law school sports fest in India)

    Due to my pre-college involvement and background in sports, my interest in organisation as well as participation in various sports came naturally. Moreover, NLS has a thriving sporting culture, and being surrounded by people who are juggling both ECAs (not limited to sports) and academics  is inspiring in itself. Further, the insane effort put in all around the year by the Sports Committee, including the painstaking process of scheduling events around academic commitments of multiple batches, is no simple feat and actually helps ensure enthusiastic participation all year around without really jeopardising academics. I believe they are doing an incredible job in keeping the sporting tradition at NLSIU alive and I feel proud to have been part of it during my brief stay.

     

    What would you advise a student who wishes to excel at sports too in law school, considering time management or risk of injuries are valid issues most students face at law school?

    I believe that playing any kind of sport helps in acquiring the mental toughness to deal with the unpleasant situations you often face in your professional life, apart from keeping you physically fit, which I would say is critical especially in such a sedentary profession. More than anything else, I think sports reveal character and that’s why some friendships forged on the field during those crunch situations and the respect earned on the ground stay with you for times to come.  As regards the second part, injuries are part of any sportsman’s life and with a variety of sports to choose from, an individual may choose the ones s/he feels comfortable to engage in.

    Tell us about the internships you pursued while at university. How did you choose where to intern? What led you to start practising soon after graduation, considering a lot of your peers would have joined firms?

    I was quite clear from the beginning that I was going to pursue litigation as a career. My internship choices were driven by this. I interned with various lawyers across courts and forums, including a lot of trial court experience. I tried to keep a wide base in the beginning which I later narrowed down to fields of specialisation. I just prefer litigation over corporate firm practice as I feel more comfortable in this role, which might be due to the different skill sets involved in the two.

     

    mayank-aggarwal-1

    How does one decide which Court to start practising in after graduating if one wishes to litigate. How necessary is it to have a mentor/guide at the start of your practise?

    Frankly, I don’t think there is any right way of going about it. From the interaction I have had with my peers and seniors and my personal experience, I think a lawyer should just make the most of whatever he has to work with. I personally chose to start practising from the district courts right after graduation, which I continue to do till date, as I wanted to develop an understanding of legal procedures from the ground up. Moreover, given that I wanted to specialise in criminal law I didn’t really have a choice as the exposure to evidence and the various stages and facets of criminal trial can’t be obtained at appellate stage directly. I don’t know how important a mentor is but having someone who believes in you can be very helpful, especially when you come straight out of college. This assumes greater importance in a country like ours where practice and procedure can sometimes be so diverse that you tend to question if you were studying the right courses. I think feeling inadequate and lost in the initial phase is a very common phenomenon, so either find someone who helps you go through it or grow thicker skin!

     

    You have worked extensively on criminal matters while interning and after graduation. What are the various opportunities here and what made you gravitate towards criminal practise?

    After working on a variety of matters during my internships I personally found myself more inclined to work on criminal matters due to some personality traits, including, possibly, a flexible moral fibre. Other contributing factors in this decision were the enabling power of a criminal lawyer, the gravitas and immediate impact a good criminal lawyer has on lives. The cases you deal with are sometimes actually a matter of life and death- how many professions can you say that about?  I also think my internships with Mr. Vikas Pahwa, Sr. Advocate and watching him in action in court had a lasting impact. Furthermore, my work at the chamber of Adv. Yudhishtar Kahol was particularly enriching and fulfilling; observing Kahol sir cross-examine witnesses and interpret evidence was a sublime experience and  cemented my love for criminal litigation. The fact that both these counsels had dealt primarily anti-corruption matters, which generally involve generous volume of paperwork and an equally large number of witnesses to be examined, gave me amazing exposure to the evidentiary aspect of trial in a very short time for which I am indebted to both these offices.

     

    Soon after graduating, you worked as a junior advocate for a year and then decided to join RHA Legal, who are relatively new. Tell us about RHA Legal, the kind of work they generally deal with and what made you join them.

    RHA Legal is a start-up law firm which focusses on Intellectual Property Rights, Corporate advisory, and Litigation & Dispute Resolution practice. I am primarily attached to the Dispute Resolution vertical branch of the firm headed by partner Ajit Sharma, who does a lot of criminal litigation including white collar crimes apart from a diverse civil practice across various forums viz. Supreme Court, High Courts, NGT and Central Administrative Tribunal.  Rajiv Kr. Choudhry heads the IPR team, which inter alai does some highly technical advisory work on patent law and copyright.

    RHA Legal being a small firm, I have had the opportunity to work with both these teams and my experience here has been extremely fulfilling and enriching. The focus is on the creation of an extremely supportive and enabling work culture that has been built by the partners for everyone who works with them including the associates and the interns.  As compared to a larger setup, I believe a smaller firm gives you ample opportunity to be involved in the problem solving process from the very beginning, and that too at multiple levels including client handling, issue spotting and strategizing. Thus, giving you better perspective, far greater responsibilities and a more hands-on experience, which can prove to be vital for any litigating lawyer.

     

    What have you been tasked with in your tenure here? What is an average work day like in your life?

    From the very first day of my joining the Firm, I have enjoyed a very broad base role which included sitting through client meetings, researching on legal issues, flagging legal propositions in the case at hand, lot of drafting opportunities and some face time in the Court as well. The level of faith reposed in me, especially with regard to quality of work entrusted to me, is tremendous and I consider myself fortunate to work in such an enabling setting with some very talented and supportive seniors and colleagues. The work hours are manageable and vary according to the volume of work.

     

    Tell us about the Trial Courts at Delhi and your experience in working there. Why do you think it is an interesting avenue for graduates to pursue? Tell us about your experience with pro bono work.

    Although Trial Court work is very exciting and in fact crucial for a criminal litigator, the biggest obstacle I faced is the massive chasm between the practice and what is taught at Law School.  The one unique opportunity which a litigating lawyer has over all others, is the ability to make a difference at a very early stage. I have had the good fortune of working on some pro bono cases with Vertical Legal, a dispute resolution firm working out of Delhi. The firm has a steady real estate advisory practice, but has a dedicated team taking up pro-bono matters including a Sunday-only Legal Clinic imparting free of cost legal advice to all and sundry. I trust that apart from being a learning opportunity, it is a humbling and a supremely fulfilling experience. I have been involved in this work since my fourth year of law school and I must say I am very proud of what we have been able to accomplish since then. Some of the work we did was also reported recently in the media, including a piece in the reputed Caravan Magazine on a case relating to ill-treatment of migrant labourers in Punjab. This case also made me realise the extremely effective role that the media, and good journalism in general, can play by taking up socially relevant stories and contributing to the solution, which does not always lie in the legal sphere.

     

    What are your goals for the immediate future?

    I don’t have any elaborate goals for the near future. I would love to continue in my current setup and learn as much as I can in the process. Litigation, they say, requires patience and perseverance; I currently feel that I am stocking up on both.

     

    mayank-aggarwal-5

    What would be your parting message to our readers, especially those who wish to litigate?

    They say, “Litigation is not a profession, it is a way of life” and with each passing day I am appreciating the aptness of this statement. Although I feel I am not old or wise enough to give advice, I will pass on something which a very wise man once told me- “Litigation involves industry, and lots of it. Don’t do it for the money, there are exponentially easier ways of making money 🙂”.

  • Akshay Saxena, Associate, Seth Associates and Legal Consultants, on law school experience at IMS Noida

    Akshay Saxena, Associate, Seth Associates and Legal Consultants, on law school experience at IMS Noida

    Akshay Saxena graduated from IMS Law College, Noida in 2015. Presently, he is an Associate at Seth Associates & Legal Consultants, Noida.

     In this interview he talks to us about:

    • His experience at IMS Law College.
    • His remarkable experiences during the internships.
    • A few tips on managing high grades.
    • Status of cyber crime in present scenario.

    Given that most of our readers belong to legal fraternity, how would you introduce yourself to them?

    Hello to all the readers & viewers, I am Akshay Saxena.  I graduated from IMS Law college, Noida in 2015 and I am an Associate at Seth Associates & Legal Consultants, Noida.

    What motivated you to choose law as a career?

    My Father is a lawyer and he is my Idol from the very first day. He did not put pressure on me to pursue anything. He set me free to choose whatever I wanted to do.  I used to admire my father and his work, his skills and secondly I had no other plans after my 12th in my mind. I wanted to make my career in law so I started preparing for CLAT but eventually I couldn’t score much and as I did not want to waste my year so I took admission in IMS Law College.

    How was your experience at IMS Law College? What were your hobbies during your tenure in law school?

    First of all being a Non- NLU student it is very difficult to survive in the legal fraternity. I was a Non – NLU student and it was difficult for me to stabilize myself in this field. But I was aware from the fact that if I work hard and if I keep going without losing hope I will definitely achieve what I want. And coming back to the experience in my College, I used to be the student who was full of energy and was very active and quite known among the faculty. I started participating in debates, seminars, workshops etc. My hobbies were playing cricket and Pool/Snooker. I had a huge friend circle in my college and I used to spend my time with my friends.

    What were your areas of interest during your graduation? How did you go about developing expertise and knowledge in these areas?

    During my graduation I was very much fond of studying Arbitration & Conciliation, Indian Penal Code, Contract, Intellectual Property Rights. I started studying more and more about the core law subjects like Crpc, CPC, Evidence and IPR. When I started reading Arbitration & conciliation somehow I started developing interest in that area and used to study articles related to that. And then in the next semester I had the subject IPR after which I decided to focus on IPR and build my career as an IP lawyer preferably. I used to read books and articles on IPR and started gathering knowledge about this area. Talking about developing expertise and knowledge in these areas came when I realized that it is high time now for me get serious about my career and when I had to choose one area I chose IPR and Cyber.

    What are your thoughts on activities like mooting and debating? What skills do law students acquire by engaging themselves in such activities?

    Mooting and debating are the best platform for a young talent to show their skills in front of many people. Mooting is an experience of a lifetime. One gets immense exposure and experience about the court proceedings. I remember the day when I first started preparing for my first Moot which was “XI All Delhi-NCR Moot Court Competition 2013” in Delhi University, I was very much tensed as I had to research on various issues/Judgments and making memorial and compiling all the relevant things together and one has to prepare for & against as well because you never know on what stance you will be asked to argue in front of High Court Judges. As I was the Researcher in my first moot competition which doubled my worries but my mentor Ms. Surabhi Guleria who gave us confidence and self belief because of which my team ended up winning the Competition. That win gave me ample amount of confidence and then I participated in “1st National Moot Court Competition held in Sharda University 2014”and later my team was declared as winner. I was the speaker in that Moot competition. Mooting & debating gives a person a great confidence to brush up their skills and to acknowledge their positive points and negative points. Mooting and debating is an extra-curricular opportunity for a law student to practice their legal advocacy skills. Mooting and Debating develops group work skills, the skill of argument, the skill of making reasoned judgments and self confidence.

    Any remarkable experiences during your internships that shaped your career?

    First of all let me tell to all the readers and law students that internship plays a very vital role in gathering professional ethics, court proceedings, and the work environment in a law office/chamber. I remember the day when I got the opportunity to meet Mr. Salman Khurshid and I gave a brief to him about the case, plus during Internships every law student gets to see the lifestyle of a lawyer. I witnessed Mr. Harish Salve arguing in the Supreme Court on my first visit to the Supreme Court of India during my internship. During internship I got the opportunity to draft some PIL’s and legal notices which was very interesting and gave me a lot of knowledge and enhanced my research skills altogether. Internships gave me a slight insight of the working environment of a law firm & chambers, which eventually helped me after I joined the current firm as an Associate.

    Share with our readers a few actionable tips on managing high grades.

    Practically law is entirely different from what we learn or read in our college. Whereas to score high marks and good grades one must acquire good knowledge of Sections/Articles/Case laws and everything becomes easy when you read a case related to a particular section. It is difficult to score high marks but not an impossible task. A law student should learn the basic concept rather than mugging up the whole Bare-Act. It becomes easy when a student knows the basics of the subject and if a student has doubts regarding anything he/she should consult his faculty. Read as much as you can, be aware of the latest amendments and pay attention in your class when your faculty teaches you something, well that helps a lot.

    Please share your experience with Advocate Karnika Seth.

    Well it is my pleasure to work with Adv. Karnika Seth. She is a well known cyber lawyer and a cyber expert. It has not been much time since I joined her office but in such a less time I have worked on various cases related to cyber crime and got to learn the basics. She is a great mentor and whenever she assigns some work to me she always make sure that I put my efforts in right direction and always keeps backing her associates which inspires and motivates us to work hard. She never scold or raise her voice if the work she assigned is not upto the mark, she would rather show the right direction and right way to deal with the problem.  Working with the top cyber lawyer gave me an exposure and enhanced my skills. Since she has published numerous books on Cyber crimes/ child pornography etc, it becomes easy for us to consult anything and everything from her regarding any problem related to cyber law and a lot more she is very well versed of the fact that how to get quality work from her associates. She keeps sharing her experience with us and keeps encouraging the young/budding lawyers. So far my experience of working with Advocate Seth is tremendous and full of knowledge. As she also deals with IPR matters, she assigned me some Trademark cases and set me free to handle the case  on my own and gave me the opportunity to appear in TMR hearings which drew my interest towards IPR and I am very much satisfied with the kind of work I am doing with her.

    How did your appointment at Seth Associate and Legal Consultants take place?

    Well Adv. Seth used to speak and give knowledge on the Cyber-laws at various different forums. So she was invited once in my college to give us some knowledge about the cyber laws and cyber crimes, so I knew her since then. It was my last semester and as my final year result came I sent across my CV to her email id and within three days I got the reply and she asked to present a synopsis on any legal topic of my choice and eventually I chose “Cyber crimes” and sent that synopsis to her and then she called me for personal interview and this is how my appointment at Seth Associates and Legal Consultants took place.

    Many law students aspire to secure a job. What do you think most are doing wrong, from your observation?

    As far as my observation is concerned the thing which many law students do wrong during their academics is not doing internships. I would suggest every aspiring law student to do as much internships as they can, in the same area in which they wish to start their career, because internships gives a very deep knowledge and experience to a law student. It becomes easy for a recruiter to appoint you in their firm if you had done internships in the same area as it won’t be difficult for the law students to start working in a firm. During college days every law student must choose their preferred area in which they wish to get expertise and then scrutinize the firm and start applying in the same. The law students should keep this in mind that failures and rejections are the part of a life, for a student rejections are basically the hurdles which makes or breaks the confidence, it is upto you whether you make it or break it. Do not lose hope keep trying and never give up.

    And when you are interning somewhere keep asking for work from the concerned person as it will bring you in notice of the people working with the firm and try to intern with a same firm twice it will make you familiar with the associates and partners, it will help you get a PPO(May be).

    Keep your resume short, simple and up to the mark. Mention your work experience; mention your qualities and your achievements.

    What is the status of cyber crime in present scenario?

    In present scenario the cyber crimes are increasing day by day. The world of Internet today has become a parallel form of life and living. Public are now capable of doing things which were not imaginable few years ago. The Internet is fast becoming a way of life for millions of people and also a way of living because of growing dependence on these machines. Cyber crimes have been reported across the world. It is now amongst the most important revenue sectors for global organized crime.  After introducing the cyber law in our country the cyber crimes are becoming less but still some of the cases are their which changes the public mind about the people of our country. Through cyber law many people got arrested and they are now also behind the bar. After seeing so much safety the people are not creating much violence about this. Because of cyber crime many people had suffered and mainly the rich people and the girls. Therefore Cyber crime system requirements in India are being increasing day by day as per the crimes are increasing. At present there are so many cases of cyber crimes pending in the court and the people are waiting because of the lack of lawyers for cyber crime. So there is a need of cyber lawyers who can support the people and provide them a good assistance and status in the society. There are many cases of hacking other’s account, spreading virus in others system through email, etc. and through this many people are suffering from cyber crime. We as a lawyer need to take up the challenge against cyber crimes and help the people who have been suffering from such crimes. I am sure that our country will definitely come up with some more strict laws in accordance to stop the cyber crimes.

    What should be your advice to our readers?

    I would say keep up the good work, keep reading articles, keep learning and never lose hope. Everyone should believe in themselves and wait for the right moment.

    “BE A LEARNER”

     

  • Nitika Marya, Vahura, on recruiting junior lawyers

    Nitika Marya, Vahura, on recruiting junior lawyers

    Nitika Marya graduated from University Institute of Legal Studies, Panjab University, Chandigarh in 2013. She did her internships with D.P. Ahuja & Co ( Patents & Coprights Attorney) in Kolkata, Lenovo- legal department, Gurgaon, SPS Bhullar, Punjab & Haryana High Court and also assisted Sivana with their contracts- a Recruitment Company in Muscat.

    At Vahura, Nitika is specifically responsible for recruiting junior lawyers with an experience of 0 to 3 years in the Delhi-NCR region and also looking into Candidate engagement and Assesment. 

    In this interview, she talks to us about:

    • Her experience at University Institute of Legal Studies, Panjab University.
    • Primary professional ethics she follows.
    • Unconventional start to her legal profession.
    • Other fields a corporate lawyer can try apart from joining law firms.

    Most of our readers are young lawyers and law students. How will you introduce yourself to them?

    I am a consultant at Vahura, a specialized legal talent search partner and a People’s person. I love networking and learning more about people from different backgrounds and have always been a sports person and a health freak. I have learnt from the experiences and situations in life and focused on developing myself into a better person with every passing day. I like to focus on being positive and healthy and working hard in the areas of my interest. I always want to be curious in my life.

    Please tell a bit of what motivated you to pursue law as a career.

    I was always interested in exploring the nexus between law and the Government Services. I always wanted a career in the Defense Services and an opportunity to work with the JAG Department had always been the reason behind my choosing a legal education and career. I had an opportunity to witness the value of a strong legal education and the impact it could have on an individual and societal level. Thanks to my uncle who was a Sessions Judge in the Panjab and Haryana High Court – someone who influenced me greatly and has been a role model to me in my entire life.

    Tell us about your college life at University Institute of Legal Studies, Panjab University.

    I really immersed myself fully into the college experience. I was chosen to be the Class representative and was genuinely interested in my education and believed in the need for practical. I was always a volunteer for field work on a number of projects that included issues like drug abuse and rehabilitation. I was not a keen orator however but never shied away from expressing my opinions. I always participated in all the extracurricular activities and as is the case with most college students, I travelled extensively with my friends.

    Did you find that your law school education had prepared you sufficiently for the many tasks you were required to execute during your internships and later at your job?

    There was very little assistance with respect to recruitments in its own way though it made me very independent. The pressure of seeking my own opportunities helped me refine my research skills and organizing abilities, which is something I have carried into my career. In a sense, law school made me very self sufficient.

    What is your take on working at a smaller law firm in early years of career rather than working at a very big law firm?

    If you’re looking for greater professional exposure and independent experiences, it’s always good to work in a smaller law firm. A smaller firm provides its employees a more diversified profile of work and encourages an attitude that is increasingly less dependent on external guidance. Spending time in a smaller law firm invariably leads to greater confidence, post which is good for someone to explore other opportunities.

    What are the primary professional ethics you follow while at work?

    I try to reflect the clients and the candidates I interact with, ensuring that I am well prepared for all discussions and negotiations. Etiquette is important and I always like to ensure that I have a complete understanding of what works where. I like to think that I should strike a balance between confidentiality and transparency wherein I never over sell or attempt to make an opportunity or a profile seem like something it is not. I like to call a spade a spade and by doing so, I earn the trust of whoever I am working with – something which is very valuable to me.

    Why is there an unconventional start to your legal profession (joining Vahura)?

    As I mentioned earlier, I always wanted to get into law because of my interest in Defense. As I continued to research opportunities in the law, I realized that there were very few resources and people who could offer guidance to young law students, particularly those interested in a more holistic perspective that looked beyond the already existing, conventional choices. I wanted to act as a bridge between students and the system and my work at Vahura allows me to do just that. You could say that it’s a way of reinterpreting the age that if you want to change the system, you have to be a part of the system and with Vahura, I interact closely with legal professionals and the industry, gaining insights into its working every day.

    What gets you to wake up every day?

    I’m excited about my work. Vahura offers me the opportunity to meet people who are interesting. I love my colleagues and the time I spend with them at work is precious. I feel like I’m getting closer to bridge the gap between professionals and students– a purpose that initially led me to Vahura.

    What is the best thing about your present job?

    I love meeting people. Vahura has given me opportunities to organize and speak at various platforms like IDIA where I have the chance to interact with young law students who are seeking answers to questions regarding their career and educations. I also look forward to meet my colleagues everyday. I also love organizing events and Vahura allows me to be in the forefront of interesting, curated experiences such as the Private Commercial Mediation Conclave – a conference co-hosted by the Centre for Advanced Mediation and Practices. I have some great memories from the Vahura – IDIA football tournament held every year where members of law firms from across the country meet up to play against each other, in the name of a good cause. I have spoken to SSB Army aspirants about my experiences taking the entrance exams and recently spoke to the IDIA scholars about preparing for the civil services exams.

    I feel like I’ve evolved as a professional and as a person I’ve become more confident and less shy of my abilities. I am always curious and feel like Vahura pushes me to learn more and more about myself.

    What are the other related fields where a corporate lawyer can try their hand apart from joining law firms and corporate houses?

    Government services and the Defense offer a range of options – there are always opportunities in JAG and the Civil Services. In addition, there are a number of Start Ups and smaller firms that are constantly looking for enthusiastic, young lawyers who are hungry to learn more and work hard on the job. Big law firms and corporate houses needn’t always be the answer and if anyone is interested, I would always be happy to speak to them one on one to discuss their concerns and answer their queries.

    What would be the one misconception you’d say you’d always held about real life legal work till the time you were an intern but changed once you started working as a lawyer?

    At an internship I always assisted the Senior. I have now understood that I need to make my own decisions with respect to my career and my life.

    What would be your parting message to law students who want to be successful in law?

    I might be repeating myself however it is very important to always stay faithful to what you want to do. Even if what you want is not a majority opinion, that’s fine and this could still mean that you have opportunities ahead. You do not always have to go to a big law firm or corporate but you can always join a startup etc. and find yourself the way Vahura helped me find myself.

     

  • Kavya Nagaraj, Associate, Tatva Legal, on drafting legal due diligence report

    Kavya Nagaraj, Associate, Tatva Legal, on drafting legal due diligence report

    Kavya Nagaraj graduated from National Law University, Jodhpur in 2013. During college, she was on research work and has penned down a number of paper for various seminars. She also has an excellent series of internships with a mix and match of law firms and corporations. Soon after graduation, she joined Tatva Legal and at the time of this interview worked as an Associate there.

    In this interview she talks to us about:

    • Legal due diligence report and drafting of the same.
    • Drafting skills one must acquire.
    • Challenges faced while drafting an agreement.
    • How can one learn to draft a legal opinion.

    Tell us about a legal due diligence report and drafting of the same.

    Due Diligence is a broad spectrum of investigative procedures in relation to an acquisition of a company’s shares or of assets in a commercial context, a joint venture project, a debt transaction, a financing transaction, the issue of securities or other general pre-contractual inquiries.

    The legal due diligence report is a standard, detailed / brief (depending on the client preference) report comprising of particular sections relating to a detailed review of the target company and its business.

    Every Law Firm has a unique style of drafting, be it agreements or reports. In my experience of drafting one, the legal due diligence report consists of particular sections detailing the target company’s mechanism. To name a few sections, the report will include: general corporate, borrowings / lending, agreements, licenses, real estate, insurance, personnel, intellectual property etc.

    The main agenda is to get a clear picture of the activities of the target company, relating to the transaction and how it affects the client.

    What complexities are faced while preparing a due diligence report?

    During the process of conducting a due diligence of a target company, the lawyers representing the company and the client will have series of discussions in which the complexities, be it minor or major can be resolved amicably. If any such complexity is not resolved, the parties may decide to drop the transaction.

    Sometimes a transaction drops solely because a company would not have complied with all the rules and regulations which are necessary for a transaction. For that reason, Due Diligence is now finding deserved place in Indian Statues. Mandatory provisions have been introduced for conducting due diligence. This definitely makes it easier to both the parties in conducting a due diligence and completion of a transaction.

     How can one acquire drafting skills?

    One can be good at drafting only by experience. In my opinion, everybody has a unique style of drafting because of the language used, way of expression etc. So, one should be able to give the reader a clear picture of what they want to express or convey in an agreement. Being a lawyer, you tend to read a lot of agreements / contracts / opinions etc., which are involved in a transaction. Gradually, one will have an idea about what an agreement will consist of, which would help in drafting one on their own.

    What is the difference between corporate due diligence and due diligence relating to property?

    Corporate due diligence is related to a Company, LLP, Partnership Firm, a Promoter etc. whereas, the due diligence relating to a property is an investigation regarding the marketable title of such property, which is being dealt in a transaction. Property due diligence involves tracing of title from the beginning, examination of the revenue records and the permissions obtained by the concerned authority in relation to the property. The conclusions will be given accordingly.

     What is the difference between corporate legal team and litigation?

    There is definitely a big difference between the two. Corporate legal team will mostly focus on the corporate transactions like due diligence, drafting, review of agreements, providing legal opinion etc., whereas, a litigation team focuses on the process involved in a lawsuit, like the trial, hearing, legal action etc.,.

    In my opinion, both the teams work in a totally different manner. I have had a wonderful experience with the litigation teams during my internships. Right now, I am working with a corporate team. The work and the effort involved in both the teams are enthusiastic in their own way.

     What challenges are faced while drafting an agreement?

    Lawyers draft numerous agreements. The kinds of agreements we draft can vary from a simple two page agreement to an incredibly complex hundred-page tome.Of course, the complexity of an agreement depends on the type of the transaction.

    The main thing to keep in mind while drafting is ‘clarity’. A poorly drafted agreement increases the likelihood of litigation, and makes it a liability to all the parties involved.

    Lawyers who draft agreements should develop a drafting system, one that ensures that all key provisions are actually included. They also need to know how the key provisions should be crafted.

    One should be up-to-date on the current law and best practices regarding the transaction and should be aware of the range of strategic and tactical options so that he/she can advise the clients on the pros and cons of each.

    It is important to manage the clients’ expectations, i.e., what the client wants to see in an agreement; and should avoid unnecessary provisions which are out of context; and should ensure that the agreements achieve the clients’ purposes and are enforceable under the law.

     What are the common agreements you often draft?

    Sale Deed, Agreement to Sell, Lease Deed, Mortgage Deed, Development Agreement, Power of Attorney, Termination Agreement, any other agreement, as per the requirement of the client.

    How can one learn to draft a legal opinion? What challenges are faced while drafting?

    Legal opinions are used in a variety of situations. It is basically an opinion from the Lawyers expressing the legal conclusions or legal analysis of a particular transaction or a matter which is relied on by the addressee of the opinion.

    A legal opinion solely depends on the preference of a client. It may be needed for some transactions and for some it may not be necessary. The client specifically mentions about a particular area in which they need clarity on; the opinion given by the lawyers will depend on that.

    A legal opinion consists of an outlook on whether certain transaction documentation is valid and enforceable in a particular jurisdiction and complies with the local law of that jurisdiction. It may also be regarding satisfaction of certain conditions precedents in the transaction documents and will usually be required by the lenders to give them reassurance that the legal effect of lending in the transaction concerned is what they expect it to be.

    Drafting of a legal opinion, again, differs from firm to firm. A draft of a legal opinion might include particular sections namely: the background, documents examined, scope of the opinion, the opinion, assumptions and qualifications.

    The addressee of a legal opinion will be expected to and will actually rely on the accuracy of the opinion for the purposes of evaluating the legal risks of the transaction or the project. If the opinion subsequently turns out to be inaccurate or misleading in any way, the addressee of the opinion may be entitled to bring an action against the law firm issuing the opinion. A firm’s liability will depend on the wording of the opinion, however, it is for this reason that opinion will only be given after appropriate procedures have been completed by the firm in question and will usually expressly include certain assumptions and reservations upon which the opinion is made.

    What to keep in mind while drafting a legal opinion? Can you give some high top tips to draft a legal opinion?

    It is important to keep certain factors while drafting a legal opinion.

    The basic factor is the applicable law. One should have a clear cut idea about the law which is applicable to the particular transaction and should be able to identify the issues in compliance of the same.

    Identification of legal risks is also equally important so that the addressee would consider further and evaluate.

    Nowadays, because of advancement in technology, the clients would have already done a research on the basic issues and the law before offering the transaction to a law firm. So, it is inevitable for the lawyers to make an extra effort in giving flawless opinion regarding the transaction.

     

     

     

     

  • Aahna Mehrotra, Head, Sports Law, TMT Law Practice, on LL.M in sports law from UCLA & ISDE and experience as a sports lawyer

    Aahna Mehrotra, Head, Sports Law, TMT Law Practice, on LL.M in sports law from UCLA & ISDE and experience as a sports lawyer

    Aahna Mehrotra, the head of Sports Law at TMT Law Practice, is a member of the Delhi High Court Bar Association, International Association of Sports Law, and the ASSOCHAM Sports Council.

    After graduating from ILS, Pune in 2011, she has attended various prestigious institutions for varying academic laurels from an LL.M in Entertainment, Intellectual Property and Sports Law from UCLA School of Law to a Master’s Degree in Sports Law from ISDE (Instituto Superior de Derecho y Economia), where she received the Economist & Jurist Scholarship for her practical experience and academic qualifications.

    Her many distinguished achievements include having been chosen / selected to represent the country as a part of the National Women’s Under 19 Cricket team and her involvement in multiple sports at the state level.

    Academically, she has also co-authored “Law and Sports in India”, the second edition. A work dealing with the position of sports within the constitutional framework and recent events such as the IPL probe report, doping controversies, etc.

    In this interview, Aahna talks about;

    • What influences led her to pursue law as a career
    • Her interests beyond the legal sphere and the impact they had
    • The value addition of higher studies in niche areas of the Law
    • The charm of quotes and simple expression

     

    How would you like to introduce yourself to our readers?

    Lawyer by choice…Writer by chance… Sports enthusiast… Stricken by wanderlust.

     

    Tell us about your life before you joined law school. What made you gravitate towards law?

    When I was young, my grandfather quoted John Lennon to me: “When I was five years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life.”

    Seeking happiness and fulfilment in every moment I live is amongst the greatest lessons I learnt from my grandfather. He held a law degree but started his career as a sports journalist, going on to become the director of the National Herald. He then moved into the arena of politics and social causes. Wearing the mantle of a trade union leader, he sought happiness in devoting himself to the cause of improving worker benefits. I particularly remember watching him return home on the shoulders of a jubilant crowd after his success in obtaining a favourable judgment in a case involving illegal termination of employment of 300 men. Young as I was, I realised how empowering it is to know the law.

    Perhaps that’s what drew me, at school, to his dual interests: sports and journalism. I was the editor of the School Annual Magazine – resurrecting it from a two-year oblivion and also pioneered the first School Newsletter, that then became a regular feature. I was appointed Captain of the School Cricket team at a time when the school coach had gone on leave. Coaching taught me patience. I learnt that people grow with praise, that critique works only in an environment of trust and emotional security, and that the joy of seeing others grow and score through the training I had given them was a victory sweeter than my own achievements at the wicket. Not only did I lead my school team to victory, but I was also appointed as the captain of the first ever All India Girls’ School Cricket Team and went on to being selected to play for the India Under-19 Cricket Team. My time at school culminated in a very special moment when I was awarded the trophy for ‘Selfless Service and Helpfulness’.

    Having completed high school, while cricket and writing seemed worthy allies, I made a choice to pursue my dream of becoming a lawyer.

     

    How was your ILS Law College, Pune experience?

    Having lived in a boarding school for 6 years, I was tired of living the hostel life. Therefore it was a personal choice to go to ILS over a National Law School and I have no regrets over my decision to date.

    At ILS, unlike national law schools, there wasn’t a routine time table that lasted from 9 to 5 or a road map to the kind of internships one must pursue. We were done at school by 11 a.m. on most days and had the choice to then plan our day in whatever manner we pleased, also our holidays which were fairly longer compared to national law schools. Several chose to do internships both during college days and in holidays, others spent time perfecting their skills at Moot Court competitions, I on the other hand spent my time learning about Sports Law, pursuing summer school programs and doing internships both in India and abroad.

    At ILS, no two students at the end of their 5 years, turn out to be exactly the same, which I feel is the case with National Law Schools, where most students do the same kind of internships, and therefore the competition on day zero is much harder. Studying at a National Law School has its own brand value and pros, while studying at ILS makes you more independent and responsible in terms of your choices.

     

    What were your areas of interest in the law? Did you engage in extra-curricular activities while in college?

    My areas of interest had always been intellectual property, entertainment, media and sports laws which sprung from the kind of activities I was involved in back in school.

    In the first year of law school, I remember walking up to my college university representative responsible for organizing the ‘Legalease’, the annual ILS Festival, and requesting for a spot in our ‘class’ (section rather) cricket team. “I hope you know they would be playing with a leather ball!”, he exclaimed. My immediate response “I was chosen to play on the India under-19 cricket team” amused him a little further. He didn’t give me a chance to play on the boys’ team but he did, in all fairness, organize a cricket match for the girls as a part of Legalease, 2006. I also played a little bit of throw ball and volley ball as and when the opportunity arose.

    Apart from playing sport, I participated in the Harvard Model United Nations and pursued a couple of diploma courses.

     

    What internships and voluntary practical training did you take while in law school and during your LL.M years? What value addition did they provide?

    Like all other law school students, I experimented with a whole bunch of internships. I worked at an NGO, at the Hon’ble Delhi High Court, with Mr. Mukul Rohatgi at the Hon’ble Supreme Court of India, with a barrister specializing in criminal law in London and also at a law firm in Delhi during my first 3 years of law school.

    I learnt a lot during my law firm internship, as I was given the opportunity to interact with some clients, prepare my first cease and desist notice for a trademark infringement, work on matters involving sports persons, and realised that it was what I enjoyed most and not litigation. It also helped to further develop my interest in intellectual property and related areas. I then just stuck with law firm internships and interned at TMT Law Practice twice, after which they made me a pre-placement offer. It always helps to get a job offer, if you go back to an office for a second time to intern, as they are able to gauge your ability and progress better. Also, I chose to intern at a boutique law firm so that I could make a more marked and personal contribution during my internships, instead of being lost at a large law firm.

     

     

    You pursued an LL.M from UCLA in entertainment, IP and Sports Law. Tell us about the LL.M course you took, how did you apply for it and what was life at UCLA like?

    An LL.M application is all about your Statement of Purpose (SOP) and they give little weightage to your grades or C.V., is what I learnt from personal experience.

    I applied for an LL.M while in law school to about 8 law schools in the States. It was a decision taken overnight and I did not think the SOPs through. Having been a creative writer in school, I took it all for granted and drafted my SOPs in one night and sent in my applications in December 2010. I was rejected by all 8 law schools.

    I pondered over the rejection, re-read my SOPs, and realised that they made no sense as they were a bunch of disconnected paras put together to comply with the word limit. I took the same drafts, and re-worked the structuring and choice of words and then re-applied in October, 2011. By the summer of 2012, I was spoilt for choice with an admission to all 8 law schools, some even willing to offer me scholarships.

    I had an admission to Duke University, a T-14 law school, and had even paid up the advance to block a seat and done my visa formalities when I heard from UCLA. It was the toughest decision to make, a ‘T-14 Law School’ versus the top school for entertainment law. I tried to choose the best of both worlds. While I chose to disregard the overall rankings and went with the rankings for subjects of my interest and gave importance to professors like Nimmer in picking UCLA for an LL.M., I pursued a summer school course with Duke Law School, a program run by them at the University of Geneva which gives you the opportunity to do up to 6 credits of course work. I studied sports law at the summer school offered by Duke, and then joined UCLA for my LL.M.

    UCLA gives you the opportunity to do 4 credits worth of practical training as a part of their LL.M. This, in my opinion, is what sets UCLA apart from other law schools and gives its students an edge over the others. Once made aware of this opportunity, I sat for campus placements and secured an internship at Warner Bros. Intellectual Property Dept. If there was the slightest doubt in my head about having left Duke for UCLA, I knew at that point for sure, that UCLA had been the best decision I made.

    As far as leisure activities go, all law schools in the States have a concept called the ‘Bar Review’. It has nothing to do with the American Bar Association, it is a concept wherein on every Thursday night you go review / check out a bar / club in town for drinks. Los Angeles being famous for its night life, I don’t remember ever having to repeat a bar.

     

    How did your interest in these fields develop?

    I constantly missed playing regular cricket through my years at law school. There weren’t too many opportunities available in Pune for women. In fact, I momentarily contemplated moving to GLC as Mumbai had a lot more to offer in terms of women’s cricket. In fact, women’s cricket only came under the auspices of BCCI in 2006, the year I had left playing cricket and started law school. My juniors from school often called and narrated stories of their experiences at Ranji, from a time when we would fund our own travel to them finally being paid Rs. 5000/- for a match. I felt really happy for them and I knew then that true happiness for me lay in uniting both my vocation (law) and passion (sports and writing). While I had lost my touch on the field due to lack of practice, I made a conscious decision to specialize in Intellectual Property and related fields like Entertainment, Media and Sports Law and in some way remain connected to Sport.

    As a writer, of course, you must always be well-versed with copyright law. I always enjoyed music, it was my only other stress buster apart from sport, so I studied Music Laws at UCLA, apart from entertainment, intellectual property and sports laws. I learnt about the dying music industry and the effects of piracy. In fact, the Intellectual Property heads at Warner Bros. even gave me the opportunity to work at the Anti-Piracy dept. for a few days, which has led to me not downloading a single song or movie illegally in the last 3 years.

    So my interest in the kind of law I practice has pretty much sprung from my hobbies and that’s why I love what I do for a living.

     

    Could you explain to our readers the interrelation between entertainment, IP and Sports Law?

    What is sports law? It, apart from sports specific laws like anti-doping laws and sport specific regulations, involves all laws that effect a sports person or sports league – be it contract law, labour law or intellectual property for that matter. You cannot take away from sports leagues and sports persons trademark rights, brand value, broadcasting rights and other rights like that of privacy and publicity. For any sports league to be a success, you must get into a broadcasting rights deal with the right network provider, have some good sponsorships on board, have the player assign their image rights to the league and team owners and prevent any form of trademark infringement to protect the brand from getting diluted. Players today are filing for trademarks like the ‘eleven of hearts’ by Gareth Bale or the ‘Lightning Bolt’ pose by Usain Bolt. So sports, intellectual property and entertainment are entwined fields and there exists a constant overlap.

     

    aahna-mehrotra-3

    What is an executive LL.M and what motivated the decision to pursue one on Sports Law Instituto Superior de Derecho y Economia? Tell us about the experience and what you learnt from it.

    An executive LL.M. is a Master’s program which is pursued as a distance learning course by professionals and does not require you to be present in the same city through the year.

    While I gained a fair amount in areas related to intellectual property from my year at UCLA, unfortunately I did not learn as much about Sports that are relevant to the Indian market. Therefore, I decided to pursue a second LL.M from a school in Europe.

    ISDE gave me the opportunity to interact with some of the best sports lawyers in the world in the form of professors as well as network with sports lawyers from all over the globe in the form of classmates. Sports being an international activity and with the advent of so many leagues in India, more often than not, one lands up with matters that involve athletes from other countries, so it is always advantageous to have a rapport with attorneys in other countries.

     

    You have taken your interest in the field to the next level by assisting Justice Mukul Mudgal in jointly writing the second edition of the book ‘Law and Sports in India’. Tell us about your experience of working with him on the book.

    Justice Mudgal is by far one of the kindest human beings I have come in contact with in the legal profession. He is forever happy to see those working under him grow and provides constant support in any endeavour you choose to pursue.

    aahna-mehrotra-2Since I did not work on the first edition, it wasn’t easy to immediately start drafting or adopt someone else’s style of writing but Justice Mudgal was patient through the process. At the same time, as most of the developments in Sports law in India have only taken place in the last 5 years, it was as good as writing a new book.

    I worked with him on drafting 8 chapters of the book. These were (i) an overview of the sports scenario today, (ii) gender discrimination, (iii) anti-doping, (iv) sports as a business, (v) labour laws, (vi) violence in sports, (vii) sports dispute resolution and (viii) grey areas. I had a huge support system in the interns who researched untiringly on some of the most unheard of issues related to the sporting scenario in India. I learnt so much from them as well, like I didn’t know there was a concept called flip-throw that existed or that a suggestion to bring an orange card into play was being made in the football arena. I learnt so much about the intricacies of sports law as we drafted chapter after chapter.

    With an LL.M in progress, pressure from the publisher to adhere to the timeline and sometimes technology betraying me with an entire chapter getting wiped out just when I was done drafting it, I often did 5 a.m. mornings and eagerly looked forward to the day we would be done drafting. The end result was worth it all. It has been a privilege to work with Justice Mudgal, who feels so strongly about eradicating the malpractices in the sports industry in India, and a great honour to have worked on what has been termed as a ‘monumental work’ and an ‘encyclopaedia’ by Mr. Soli Sorabjee.

     

    Which new areas can one expect to explore in Sports Law, apart from player contracts, anti-doping or sponsorship related work? Why is this an area of law more people can choose to specialize in?

    With the advent of several leagues, many international athletes are now looking at the Indian market as an avenue so there is a lot of player transfer related work, especially in football. Apart from that, with image rights becoming a popular concept world-wide, a lot of Indian players are looking to protect their rights relating to both privacy and publicity. Scandals like match-fixing give you the opportunity to work on matters that may fall under criminal law. Things like gender-discrimination and the increase in punishment under the new anti-doping code have given rise to human rights and constitutional issues in sports. A lot of broadcasters are looking to either terminate existing contracts due to the leagues not doing well or vice versa – league owners that feel that they have not made the right choice in terms of broadcasters are looking to terminate their contracts and sign new agreements. Taxation issues and labour laws too are areas that have growing issues related to sports. More and more sports management companies seem to want to hire specialists in sports law to form an integral part of their team. As the sports industry in India continues to grow, so do the issues relating to the field, and so does the legal work.

     

    A lot of sports leagues are mushrooming in India at the moment. What legal challenges do they face and how viable are these leagues in the long run?

    (Aahna was involved in the Player Transfer Transactions of the Indian Super League and have also been involved at various levels with the Indian Badminton League and the Indian Table Tennis League.)

    Along with Mr. Kaushik Moitra, (Partner, TMT Law Practice) the Indian Badminton League in 2013, was the first sports league I worked on. The league failed due to several reasons like mismanagement at venues, lack of staff, the appointed media agency not being proactive, VIPs demanding free tickets and special treatment, state associations not cooperating with the national associations, travel and accommodation being impractical, no itemised budget and being unprofessionalism on the whole. These are some of the most common challenges that are faced at the time of running a league, especially the first season, so all league owners must learn from the IBL 2013 and not make similar mistakes.

    As for viability, it is something that can only be determined in due course of time. The Masters Champions League held in Dubai recently failed to pick up numbers in its first season even though the concept looks very promising. The MCL organizers are hoping that the current cricketers will look at it as an avenue post retirement, so when a Dhoni joins the league on retirement, automatically the numbers will go up, however this again is mere speculation and the question is whether or not they can sustain the league until a Dhoni joins. The Kabaddi League on the other hand did unexpectedly well in the very first season, the ISL picked up a lot of momentum in the second season, so there is no fixed formula for the success of a league.

     

    You were an integral part of Ludus Legal, one half of which has now been absorbed by TMT Law Practice. What does the shift mean for you and how does such a shift impact the clients?

    It has always been a very enriching experience to be working under Mr. Abhishek Malhotra (Managing Partner, TMT Law Practice). He is someone who has constantly encouraged me to pursue my academic interests apart from doing just legal work for my clients. In fact I remember when I started out with TMT Law Practice, immediately after law school, we had a concept of internal presentation of papers. Every alternate Saturday, an associate would present a paper on a new topic and we would then sit and discuss the issue. It always helped in learning something, increasing our industry knowledge and growing as a lawyer and that is why I was more than willing to join them back, when the opportunity arose.

    Like I said above, it is very hard for sports to survive without intellectual property and related areas. TMT Law Practice is a boutique Technology, Media and Telecommunication law firm which can better cater to the needs of a client. The clients only benefit from this shift, as they now have a full service law firm that caters not only to their sports law needs but also offers to them specialists in the intellectual property and media industry. At Ludus, we would often use the services of TMT Law Practice, to file Trademarks for our clients and use Mr. Anish Dayal and Mr. Nitin Mishra as counsels to argue our litigation matters. Now it can all be done hassle free under one roof.

     

    Tell us about the kind of work profile you handle every day. What are the challenges you face and what do you like most about the job.

    On a daily basis, I handle a whole lot of agreements covering different aspects of sports law. I often participate in negotiations between league owners and sports bodies or players and league owners.

    However, what is really challenging is when an athlete comes to me for help in a doping case. On most occasions, the consumption of the banned substance is inadvertent, as the athletes come from humble backgrounds and have not been educated about how a banned substance may enter their body. They start training at an extremely young age hoping to make it to the commonwealth games or Olympics one day and maybe win that one medal, which will not only make the entire country proud but also give them a source of livelihood but just when they are about to make it, they get caught for a doping charge against them. With the new code having increased the punishment to four years, which is as good as resulting in the end of an athlete’s career, there is a lot of pressure to have the punishment of an athlete reduced. You sometimes succeed and you feel on top of the world but there are occasions you fail to get a reduction in the punishment which then tends to take a toll on you as you feel responsible for a sports person’s career coming to an end.

     

    Finally, what would be your parting advice to our readers?

    “Twenty years from now you will be more disappointed by the things you didn’t do than by the ones you did do. So throw off the bowlines. Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover.”- Mark Twain

    Trust your gut, don’t be a part of the rat-race and its okay to sometimes not go by the book.

  • Roumita Dey, Associate, Agama Law Associates, on how to represent clients on behalf of the firm

    Roumita Dey, Associate, Agama Law Associates, on how to represent clients on behalf of the firm

    Roumita Dey graduated from Jogesh Chandra Chodhuri Law College (under the aegis of Calcutta University), Kolkata in 2015. At present, she is practicing corporate law at Agama Law Associates and represents clients on behalf of the firm on a daily basis.

    She drafts legal notices, legal responses, the case for opinion, Service Provider Agreement, Leave and License Agreement, IT contracts, Response/Counter-claim, etc. and is doing research work in all areas of law using Manupatra, SCC Online, Think Legal, Indian Kanoon, etc. research engines.

    She also writes articles on various areas of corporate law on a monthly basis for the firm’s blog and contributes legal updates/day-to-day legal developments in the industry in the update session

    In this interview she talks to us about:

    • Her experiences during the internships.
    • Primary essentials of a good corporate lawyer.
    • The kind of interest one needs to pursue law.
    • Current scenario of studying corporate law as a career option in India.

    What brought you into studying law as your profession?   

    I am a first generation lawyer in my family. I have chosen Humanities in my Class XII board exams and successfully passed with higher grades. Law was never in my mind that time. I was more inclined to do a simple graduation course and decided to pursue MBA later in my future. My father is a business person, and we have a family lawyer cum family friend who advises my father with regards to property related matters and also his business. My parents visited the district court in Kolkata for the purpose of property registration a couple of times and gradually influenced by seeing the lawyers advising their clients and arguing inside the courtroom. As a result, they encouraged me to take up law seriously, and I believe that my parents have seen that spark in my eyes that I was born to become a lawyer. However, I sat for the LL. B joint entrance examination of Calcutta University and have secured good rank and enrolled at Jogesh Chandra Choudhuri Law College, under the aegis of Calcutta University. To be very frank, I chose law pretty accidentally. It was more like law have chosen me and brought me into this profession. However, after enrolling myself in the B.A.LL.B course, I have started achieving good marks in the subjects and interned in big firms one after another and today I am a qualified lawyer practicing corporate law.

    Any remarkable experiences during your internships that shaped your career choices later?

    Yes, indeed the experience of working with different law firms helped me to take the proper decision of which law to specialize to flourish in my profession or I may say internship experiences shaped my career choices later on. I have done two litigation internships, where I was mostly allotted work relating to assisting senior advocate to draft affidavits, rejoinder, legal notices and to accompany senior associates to the court. Apart from these two litigation internships, I have also interned under a senior advocate of the district and sessions court (Kolkata) to gain knowledge of how the district court works, or I may say to witness the life of a litigant. However, frankly, I have not explored much during my internship days. However, after doing litigation internships, I have applied for internships in Tier – I firms in India like Trilegal, Amarchand & Mangaldas, a mid-sized law firm like Argus Partners, where I may get the flavor of corporate law. In light thereof, I have successfully interned in the aforementioned law firms and was mostly allotted research work relating to company law, securities and banking law, property law, electricity law and basic drafting work. I was also involved in the due diligence of QIP (‘’Qualified Institutional Placement’’)/due diligence of the private placement of a public company being undertaken under the supervision of the capital markets team of Amarchand & Mangaldas (Delhi Office). It was an excellent opportunity to learn and to get the chance to work with the seniors of one of the elite law firm in India. Trilegal also was another enriching experience to learn how to take the advantage of research engines and how to conduct research on case laws. These internships made me realize that corporate law is the field to explore, and there is a lot for me to learn in this field. Hence, I wanted to join a corporate law firm after graduation to be able to realize my potentiality in this field.

    What do you think is the kind of interest or aptitude one needs to pursue law?

    I am giving a quick snapshot of the abilities and skills/values; one should possess to become a lawyer or those who needs to pursue law in future. I believe the following list of core skills and values would suffice for every budding lawyer:

    1. Inquisitive: A good law student or an aspiring lawyer shall possess an inquisitive nature. Curiosity drives a person to probe and ask revealing questions. The inquisitive attorney will peel back the layers of a case, going deeper, asking for more information. This skill is necessary because it is often the small, unnoticed details that can make or break a case.  A good lawyer asks questions because they are not satisfied with accepting surface information. They know there may be more facts underneath the evidence presented.  Their inquisitive nature will push them to uncover that information.                                                                        
    2. Problem Solving Abilities: Being a problem solver is one of the root skills of any attorney. People hire lawyers because they either have a problem or are trying to avoid one. Possessing excellent problem-solving skills allow the lawyer to find solutions even when none are immediately apparent.
    3. Symptomatic Reading: Attorneys will have to read a great deal of material when they take on a client. It may be court documents, witness testimony, contracts, case law, or a myriad of other text. It is easy for anyone to skim over the information and take it at face value. Unfortunately, this can prove detrimental to a client. Moreover, law students or whoever would like to pursue law have to make a habit of reading much stuff.                                                                                                   
    4. Writing Skill: Having the ability to write well lays a solid foundation for all the documents a lawyer must write such as arguments, contracts, and legal letters.                                                                                             Written communication is a primary way that information is distributed and recorded.
    5. Conversation/ Articulation Abilities– Just as writing skills are essential, so too are verbal skills. An attorney will find it necessary to shift gears in their verbal communication style. One day they may need to speak in an authoritative manner with persuasive speech during an important trial. The next day a lawyer may need to meet with a grieving widow requiring sympathetic conversation in reassuring tones. Conversation skills are more than just the ability to say the right words. The words also need to be expressed in a proper manner.                              
    6. General Investigation/Research Skills: Law students and attorneys have to spend hours investigating and researching information for clients. Attorneys must be able to know how to perform research with speed and accuracy, and confidence in the authority of the source. If they do not know where to look for the right kind of information; their research may be flawed and inaccurate. If an attorney cannot investigate quickly, they may get bogged down and unnecessarily waste much time.    
    7. Organization / Management Skills: The attorney will also need to possess excellent time management skills. They will need to stay aware of deadlines, meeting schedules, court dates, and travel itinerary. Even simple cases will require some level of calendared items. Most attorneys will have to balance several of cases at once. This requires a high degree of time management and organizational skills

    What are the primary essentials of a good corporate lawyer? How do you say a fresh graduate can work on building these skills?

    In a nutshell, the primary essentials of a good corporate lawyer are as follows:

    1. Collaboration skills
    2.    Emotional intelligence
    3.    Financial literacy
    4.    Project management
    5.    Self-driven
    6.    Technological affinity
    7.    Time management, and,
    8. Hard working.

    A fresh law graduate should work rough day to earn these skills mentioned above along with lots of patience and effort.

    How can one learn to draft a legal notice?

    To draft a legal notice one should be aware of the relevant provisions of the Companies Act, 2013. If the notice is regarding asking information from the Company as a shareholder, i.e., ‘’Requisition Notice’’, then one should refer the provisions of Companies Act concerning inspection of books of accounts, register of members, financial statements, etc. If the notice is regarding mismanagement of the company, one should refer the relevant provisions of the Companies Act concerning oppression and mismanagement and should be aware of the Term Sheet of such company. If the notice is regarding employee dispute, one should be aware of the clauses of the employment agreement. Additionally, to draft a legal notice related to company disputes one should refer AOA & MOA of the Company along with the correspondences shared between the persons concerned.

    How can one legally update himself?

    One should spend time every day at least for half an hour to go through the websites like PRS Legislative, SEBI, RBI, MCA, CCI, IIPRD, etc. to update himself legally.

    Corporate Law sometimes comes with a humongous workload. What made you gravitate towards this field? How do you manage the workload and your personal life?

    To be very frank, for a fresher like me, personal life became a secondary or the least thing to bother at the moment. My priority is work and to learn stuff as much as I can to grow in this field. I work beyond my job hours and even in weekdays to finish my stuff. I never regret not attending my cousin’s wedding or other family events because of my engagement with my work. Corporate law is indeed very stressful for a fresher to pick up the work and learn from the senior associate or a partner in any organization. Frankly, I do not know how to balance work life and personal life together. I am not the perfect person to give advice on how to manage the workload and your personal life. However, one should take a break and refresh himself/herself whenever he/she can.

    What should a student do so that he gets placed in a reputed firm?

    1. A law student should have good CV with a handful of good internships, paper publications, and other extra-curricular activities to get selected for the interview at any reputed law firm.
    2. After getting selected for an interview, a law student, whoever apply to reputed law firms, should crack the interview at first go.
    3. I think, after cracking the interview in one go, half of the battle is won by him/her to get placed in a prominent law firm.

    Did you find that your law school education had prepared you sufficiently for the many tasks you were required to execute during your internships and later at your job?

    To be very frank and honest, I have studied in a traditional law school and hence, it did not prepare me for the tasks which I am required to do in the course of my employment with a law firm. Internships have given me the overview of how the law firm works and what kind of work an associate should do while working with a law firm after the graduation. I have simply learned from the scratch with respect to drafting and how to do an exhaustive research, from my partner of the law firm, where I presently work as an Associate. My partner teaches me every day from writing an email to the client to draft any document and what the exact format should be for drafting. She also taught me how to keep track of the clients’ mandates and how to keep myself legally updated to survive in this rat race of lawyers, and that is how I grow as a lawyer.  I think most of the fresher like me, whoever studied in any traditional law school learn everything from the scratch in the workplace where they join after their graduation.