Super Lawyer

Category: Associates, In-House Counsels and Advocates

  • Pallavi Sharma, Judicial Magistrate, Rewa, Madhya Pradesh on preparing for the Judiciary and work at National Insurance

    Pallavi Sharma, Judicial Magistrate, Rewa, Madhya Pradesh on preparing for the Judiciary and work at National Insurance

    Pallavi Sharma graduated from National Law University, Jodhpur in 2012. Soon thereafter, she started studying and working hard for the Judicial Services exam for various Hindi speaking states. Even while preparing, she decided to utilise the most of her time and worked as a legal officer in a PSU for a brief period. Currently posted as a Judicial Magistrate at Rewa, MP, Pallavi shares the following in this interview with SuperLawyer:

    • Reasons for joining the judiciary and her ever strong desire to make a difference in the society
    • Rational behind attempting PSU exams and experience as a legal officer in a PSU
    • Strategy followed and material used for the judicial exams
    • Experience of giving the interview for the judiciary
    • Advice to budding lawyers looking at attempting the judiciary exams

     

    Tell us a bit about yourself.

    I am Pallavi, a 2012 graduate from National Law University, Jodhpur. I worked as a legal officer with National Insurance Company Limited for around six months and have just left the organisation to join Madhya Pradesh Judicial Services. Currently, I’m posted as a Civil Judge/Judicial Magistrate at Rewa, Madhya Pradesh. I’m a sports fanatic. I love every sport and I would do almost anything to meet Rahul Dravid.

     

    Are you a first generation lawyer in your family? What were your ambitions before joining law? What led to your inclination towards law?

    Yes I’m a first generation lawyer in my family. To be honest, law was never my first choice. I had taken up science in XI and XII standard and was actually preparing for engineering. In fact, I wasn’t even very sure about engineering so I took both Mathematics and Biology in XI, XII hoping to soon figure out which way to go. In a few months I realized these subjects don’t interest me at all. Hence, I decided to pursue law. By fortune I got into NLU, Jodhpur and now I’m very glad I pursued law.

     

    How was your time at NLU Jodhpur?

    It was a lifetime experience. It took me a while to settle down but I soon got used to the place and loved every moment thereafter. NLU, Jodhpur provides a variety of opportunities to its students. I wasn’t much into mooting or debates but I found cultural and sports activities there really interesting. The cultural and sports week were my favourite two weeks of college every year.

     

    Prior to entering law school, did you ever wish to be a Judge? What motivated you to apply for judicial exams?

    No, judicial exams were not something I decided to write before entering law school. It was only during law school I decided to appear for this exam. Initially I only planned to appear for Delhi Judicial Services Exam but I soon realized the high level of uncertainty with these exams and hence decided to appear for a couple of other states as well. I wanted to make a difference and I thought judiciary will not only give me a perfect opportunity for that but would also allow me to remain associated with the field of law.

     

    How did you decide to take a plunge and prepare for judicial exams straight after graduation? Was it a difficult decision?

    It wasn’t a difficult decision for me. By the end of college I was quite sure that I wanted to prepare for judicial exams and I thought it’s always better to start right after college when one is in the habit of studying. Soon after college I joined a coaching institute in Delhi and started my preparation.

     

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    You also worked at National Insurance Company Limited as a Legal Officer for a while, please tell us about your time there.

    While preparing for judicial exams I also appeared for a few PSU exams. I got selected for the post of Administrative Officer (legal) in National Insurance Company Limited and joined its Divisional Office in Allahabad. Though I worked there only for around six months, I enjoyed every bit of it. There is not much variety in work and it is mostly related to motor accident claims and consumer cases but it’s nonetheless interesting work. And as a young officer in the company I got immense support from higher authorities which made it easier for me to work there.

     

    You also appeared for a few of the PSU exams, please tell us about your experience preparing for them.

    Most of the PSU exams have the same pattern. To be honest, I did not especially prepare for any of the PSU exams. I decided to appear for these exams while preparing for judicial exams. As I was good at mathematics and reasoning since school, mathematics, aptitude and reasoning parts of the written paper were not very difficult for me. I used to brush up general knowledge and current affairs a couple of days before the exam. But what is most important in these PSU exams is time management. One should make sure they attempt enough questions in every section to secure sectional cut-off marks for every section. Also I would recommend people preparing for judiciary to give such exams even if PSU is not where they want to work because by giving such exams you learn how to manage your time, handle the pressure, etc.

     

    What all do you think is required to be able to crack a PSU exam and get hired by them?

    PSU exams are not very difficult and most of the exams have the same pattern so one doesn’t need to separately prepare for each. Time management, good understanding of basic concepts and practising a few past year papers is all you need to crack a PSU exam.

     

    What motivated you the most to be part of MP State judiciary?

    For me the biggest motivation was to become a judge. The State was always a secondary consideration. I gave exams for almost all Hindi speaking states because in the end all you want to do is help the people irrespective of the State you are in. But having said that, I am very glad I got through MP Judiciary. I have been here multiple times and I find that the people are honest, welcoming and sweet.

     

    When did you start preparing for the exams? When should a person ideally start preparing for the judicial services exam?

    I started preparing for judicial exams right after college and I feel if one is very serious about it then they should start preparing around the same time, if not during college.

     

    How did you prepare for the exam? Which books/materials did you use for preparation?

    My main focus was to first be very clear with the basics of every law paper in the syllabus. I got immense help from the coaching classes that I took. Apart from the class notes that I took during the classes, the case materials, general knowledge and current affairs notes and regular mock tests helped me in my preparation. I did not refer to any book as such for these exams apart from bare acts and class notes but I did refer to a few books in case of a doubt in any topic. And of course reading the newspaper regularly is a must.

     

    How did you remember the sections of the Acts in your syllabus and leading case laws on varied areas of law?

    One should know the important sections and landmark cases of every subject but at the same time it is not necessary to mug up each and every section and case law. What is important is a sound understanding of the concept and the purpose of the law. For the case laws also it is more important to know the ratio of the case instead of remembering the name of the case. It is also important to go through the latest case laws of not only the Supreme Court but also the High Court of the respective State for which one is writing the judicial exam. What also helped me was talking about the law with my friends. I think discussing random sections with your friends will make you remember them for a longer period of time.

     

    Tell us about your interview. How did you prepare yourself for it and what qualities do you think helped you crack the judicial exam? What kind of questions were asked by the panel?

    The interview was conducted by a panel of two High Court judges. For the interview I made sure I properly revise the local laws of MP. Apart from that my main focus was the procedural law. I hardly got around 15 days to prepare for my interview so I could only manage to go through the important sections of all the subjects. The questions asked to me were very basic ones, mostly from CPC and CrPC like summary procedure under CPC and trial procedure under CrPC. One needs to be very calm and confident during the interview and I feel even if you don’t know any answer it’s perfectly fine to just tell the panel that you don’t know the answer instead of making up an answer.

     

    How valuable do you think coaching institutions can be for preparation for judicial exams?

    I took coaching classes at Rahul’s IAS and it helped me a lot in my preparation. It helps in properly focusing on the important parts of the syllabus. It also helps in preparing notes and the regular tests conducted there help in preparing for these exams.

     

    What advice would you give to judicial aspirants? Any message you would like to be passed on to the law students reading this?

    Study hard. Stay focused and don’t stop trying because perseverance pays. Don’t get distracted or feel bad about yourself when you see your friends working, earning and having fun. Your true friends will understand that you are focused and busy. Once you succeed, all the time that you studied while others were having fun will seem worth it. And even if you don’t succeed it’s okay because it’s better to have tried and failed than never to have tried at all.

     

     

  • Mini Gautam, Independent Legal Consultant, on being in-house counsel, and writing a book

    Mini Gautam, Independent Legal Consultant, on being in-house counsel, and writing a book

    Mini Gautam graduated from ILS Law College, Pune University, in 2010. Presently, she is a Senior Manager in the strategy and planning department of one of the leading infrastructure finance companies in India. She plays a key role in legal strategy and transactions crossing a certain level of criticality and threshold.

    In this interview we speak to her about:

    • Challenges associated with being an in-house counsel
    • The recruitment process in her company
    • Writing her book and the publication process

    You are working in the strategy and planning office of your company. How different is that from a regular legal function?

    I am working in the strategy office of Srei Infrastructure Finance Limited, one of the leading infrastructure finance companies in India with operations of affiliated entities extending into the oil, power, construction equipment leasing, and telecom sectors. The quality of work here is superlative. We are expected to not just pick up and read laws, but to structure and provide practical and workable solutions. The motto is to try and furnish the solution; not just identify the problem. That has helped me to look at everything from a commercial and systematic point of view.

    I don’t want to delve into the philosophy or art of law anymore as a commercial lawyer. I want to know what is it that affects my organization and to what extent. That’s it. Once I have that base knowledge, everything becomes easier.

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    What are the essential requirements that a law student must fulfill in order to pursue a career in financial services? 

    CA, CS, MBA are really helpful for working in corporate law. I don’t have any of these degrees and some of the people who I have had a chance to work with and who have a good grasp of the law and a clear understanding of concepts, do not either. So I will be compelled to say that degrees don’t add the kind of value that practical experience does. In my experience, I have found that the harder and harder you work, the more the number of hours you put in and as a lawyer, that’s pretty much all you need to be successful.

    How would you describe the roles and responsibilities associated with being a senior member of your organization?

    Thankfully, I have been given a good role in my organization. I would think corporate in-house wise, this is probably the best exposure a person can get. The scope of the work is diverse and spread across multiple sectors; so there is never a boring day or repetition of any kind. The learning curve is really good.

    Why did you shift from a mid-sized law firm to a company?

    Moving in-house from a mid – sized law firm was one of the best decisions of my life. Working in-house has made me appreciate and soak in one thing, the beauty of business. The kind of challenges involved in running a company, whether they be on a day to day and operational perspective or whether they are from a structuring and transactional viewpoint. While being in a law firm may help you understand the academic and doctrinaire aspects of law, in-house heaps a whole lot of responsibilities on you that are fundamental to the functioning and sustenance of a corporate house.

    What are the challenges associated with being an in-house counsel?

    The biggest challenge of working in-house is balancing legal and business needs and aspirations. You have to learn to pick your battles wisely; some things you fight tooth and nail for, some things you let go and live to fight on another day.

    As in-house counsel, you have to be thorough with the business requirements; every decision you make is crucial and may have spill – over effects over a long duration.

    You don’t have that much scope to go wrong or make a mistake. Your business teams rely on your judgment entirely. Once you have taken a call, that’s that.

    Would you hire a hard working student or a street smart one? 

    We are always looking for hard-working students to come on board. The willingness to work hard and yes, to some extent, the ability to work smart is the key differentiator between students who get selected as opposed to those who don’t. We don’t want to know how much you already know as a fresher; because trust me, you know nothing. We just want to know how willing you are to be remolded and recast; everyone starts at zero.

    What do you see in candidates when you go for recruitment? 

    While conducting an interview, the one thing that matters the most is the sincerity of the candidate. It is the single most important and deciding factor and is much more relevant than grades or moot courts or paper publications or internships. The practice of the law in any setup is a hard and challenging job. It requires patience, commitment and a dedicated number of long hours. The process we follow for recruitment is giving out assessment internships. We believe that gives both us a chance to review the candidate’s work and also the candidate an opportunity to understand the way we function and most importantly, our thought process. Training of resources necessarily involves having colleagues who can understand the “why” of what you are talking. Once that happens, you don’t need to micromanage or recheck work.

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    What is the role of a mentor in any job?

    A mentor is probably the single most important influence on a job. The majority of people quit their jobs because of the kind of boss they had.

    A good mentor can change your entire perspective regarding your job. The idea is not to micromanage your resources but impose faith in them; so that they take on responsibilities themselves and feel like they are adding worth to the larger scheme of things. One of the biggest mistakes I find is employers who keep repeating phrases like“one will leave ten will come”, “nobody is indispensable,” etc. especially in Indian law firms where the general assumption is that law students are being manufactured by the dozen. A good mentor will make you feel valued so that you put in that extra effort.

    An excellent resource is not easy to find and tougher to retain. Do we really want automatons who will pop out drafts and agreements without application of mind and more importantly, without an iota of genuine interest in what they are doing or do we want genuinely interested, inspired and initiated individuals who are strategically important cogs in the wheel.

    As a mentor at some point in time you will need to realize what is it you are looking for; a false sense of power at keeping track of what time your employees entered and when they left office even if they are playing candy crush under their desks? Or can you let your employee manage his own schedule, deliver good quality of work to you and if required is ready to put in 200% of what his or her capabilities are.

    You can only be a good mentor to someone if you are free from insecurities yourself, and most importantly when your focus is on getting the job done rather than just purely wanting to harass another individual. Your mentee’s growth is also a part of your own.

    What are the challenges associated with being a woman?

    Generally, I don’t feel biased against in any manner being a woman working in a corporate set-up. It is only when I attend meetings and find that in probably eight out of ten I am the only woman in the room that I realize that something is wrong with not just our country but the world over.

    Women generally start with great careers on the same footing as men. But as they move ahead, they fall behind. Marriage, children, the excuses are plenty. Yes, I understand women who are staying back at home to raise kids and look after their families are probably doing something much more worthwhile than what working women can achieve in their lifetimes. But I really hope that these are genuine cases of a voluntary choice made by a woman and not a manipulation or a societal unsaid and yet undeniable obligation.

    What are your long term goals?

    The journey may have been hard and stressful at times but if given a chance I wouldn’t want to change a thing and would retrace my steps to exactly the same destinations. While good experiences are comforting and encouraging in life, it is the bad ones that teach you in ways nothing else can.

    Honestly speaking, I fail ten times a day. I make mistakes, take wrong decisions, don’t understand certain things, may not be able to articulate myself properly, stand up for things that may not be so important while ignoring the ones that really matter, the list is sadly endless. If two years ago somebody had asked me what your weaknesses are; I would have given some smart alec answer and said my only weakness is that I don’t have any. Today, I have matured and understood myself and the world enough to know that I am far, really far behind where I want to reach and that it’s not such a bad thing. I have understood that making mistakes means learning. I have realized that perfection is a notion, not a reality; and you should never aspire to perfection. You should only aspire to growth.

    It’s hard to say what I am seeking or where I am trying to reach with certainty. As of today, I love my work and my job. It is fulfilling and satisfying. But yes, a job cannot be a long-term goal.

    There has to be some ideology or philosophy you subscribe to; something that you are so passionate about that it wakes you up every day with a cheerful buzz in your heart. I am in pursuance of that passion; hope to reach there at some point.

    What would be your advice to our readers?

    My advice to readers especially law students is please don’t take life too seriously. Nothing is life and death issue; definitely not jobs and placements. A job is a means to an end, not an end in itself. Keep your priorities in life clearly demarcated.

    Loved ones always come first, and in that list, you should put your own name on top. If anything makes you feel depressed or unhappy or dissatisfied; there is just no need to do it. There is no rush. Life is not a race. Don’t be in a hurry to get somewhere. Enjoy the journey; the journey is what life is.

    Congratulations on the release of your new book, The Gutter Princess ­ Diary of an (Un)Willing Prostitute. Where did you draw your inspiration from for this book?

    I have always been inspired to write on subject matters which are more relevant to women, how a sex worker came to be the protagonist of my first published novel, is a question I cannot answer definitively. I believe the fact that we do not feel any empathy for women who are prostitutes by choice made me feel really pained from within, because I knew that the word choice was being misinterpreted. A society which cannot provide education or means of sustenance to so many of its members, does not get the moral high ground to judge a woman who chooses to earn a living through an honest means of employment. We cannot accept such women in our fold, whereas we do not give a thought to the men who are availing their services. The fact that our society, or probably any society, carries double standards and prejudices against women is known, the question is, what we are going to do about it. This book is a simple attempt to do something about it.

    What inspired you to consider writing as a serious endeavour? 

    I have been writing since I could hold a pen, it is an outlet for me to express my emotions, happiness and frustrations. I don’t know how I would classify it, as a serious endeavour or as a hobby, one sounds too professional and one too amateur. Writing is a form of art, and it’s hard to classify or compartmentalise art. The only thing that matters is the joy it brings to the artist. I write because it makes me feel happy; the entire process of starting with a word and ending with a tale, a story revolving around characters. The more real and convincing your characters are, the more successful you are as a story teller. Fiction is a bad word; it feels “made up” and “fake,” while it doesn’t have to be so. A story of made up characters can also be as real as anyone’s life story, it all depends on where it takes the reader. I find it sad that people are losing the habit of reading due to time constraints; it is so much easier to curl up on your sofa with Netflix than to do so with a good book. But studies have shown that watching the television can add to depression while reading actually helps in developing cognitive abilities and gives you experiences the telly cannot. There is increasing awareness towards physical fitness; I wish we could also lay stress on mental well – being.

     

     

    What authors or writing would you say has influenced your style of writing? 

    I keep my writing original, and for this reason, I never give my work for feedback or reviews to other people (only exception being my husband) while I am writing, I don’t want my work to be reminiscent of someone else. I read a lot, and have read extensively from classics to contemporary literature, but when it comes to my own writing, I like to keep it as simple as possible, almost as if I am in conversation with my reader. I feel the current market is ripe for such writing, and readers are also in favour of titles which they can resonate with. However, this is no reason for the market to be flooded with only coming of age romance novels, and it is high time it opens up to other subject matters as well. A light, breezy novel is always welcome, but sometimes you need something more, something which makes you think and shakes you from within.    

     

    What are the challenges and learning opportunities that you were faced with in writing this book?

    The biggest challenge for me was that I didn’t want to base the novel on research; I wanted it to come out as a story and not as a documentary. I was writing about the life of a sex worker, but as a form of fiction, and that made it hard. I wanted to write about sexual abuse freely, but you know how it is in our closed society. I received some reactions from readers saying the language was too raw or harsh for them to accept, especially for people from older generations, but that they otherwise loved the content. I accept that with grace, and do not find it upsetting that some people did not like the language as long as the overall message hit them, and they could empathise with the protagonist.  

     

    Being a lawyer involves a lot of drafting and writing; would you say that your background and experience has helped you shape the novel that you have authored?

    Yes, there are fields which may be mutually repellent and there might be ones which don’t really attack each other, but which can go hand in hand. The legal profession is largely one which can accommodate a lot of things, you find many lawyers pursuing their other interests as well. I don’t perceive it is because the profession is less demanding, but because it follows simple common sense and analytical thinking, and therefore a good lawyer can be a good CEO or a good sports analyst or anything else he wants to be. I believe we are blessed, being lawyers, the field is vast and encompassing, and if you really apply yourself, there is a lot which can be achieved while continuing with the practice of the profession.  

     

    Would you consider moving into writing as a full-time occupation?

    I think the moment we make something our full time occupation or profession, we stop enjoying it, and I don’t want to do that with something as pure as writing. I also enjoy being a lawyer, and I don’t feel the need to give up one to pursue the other, not as yet, at least. I write in an erratic and eccentric manner. There are times when I have written five thousand words in a day, and then there are months when I haven’t written a word. I don’t like to force myself to write, but generally, I do keep writing for my own happiness and satisfaction. To honestly answer the question, yes, I am writing another book, whether I will publish it or not, is something I will decide based on how the book shapes up, if it shapes up at all. I started with writing on simpler and sweeter things, but after writing one book on prostitution, I found that a pen is a good weapon to hit masses with, and when you have that kind of an instrument at your disposal, you should wield it wisely. My current book is also on a social issue and has flavours of human bondage in it, but again, I am not sure, when I will complete it, I don’t like to put a deadline on something I am enjoying so thoroughly.

      

    How do you manage your time between your professional commitments as a lawyer and your passion for writing?

    The answer to this question is in the question itself, as you rightly say, it’s a passion, and we can always take out time for something we feel passionate about. The problem generally is not with lack of time, but with, lack of time management. I write because I need to write, it’s almost an involuntary emotion like hunger. As long as I don’t need to complete books based on deadlines, I don’t think the two would have a problem in co-existing. I don’t want to dilute the quality of my writing, and so I’d rather stick to fewer book releases but more meaningful ones. Meanwhile, it’s super being a lawyer.

  • Harshita Khurana, Associate at SAM on what can you do to land job at top law firms

    Harshita Khurana, Associate at SAM on what can you do to land job at top law firms

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    Harshita Khurana graduated from University of Petroleum and Energy Studies (UPES), Dehradun in 2015. She has been the University’s scholarship holder. She holds a medal for being the top scorer of her batch. She has represented UPES both nationally and internationally. She has also represented India in World Business Forum, New York. Her best achievements include winning Moot Courts, University Medal, Academic Scholarships, best speaker award at the various national level debate. She has worked with Wadia Ghandy & Co., Mumbai in their Banking and Finance team. Harshita is currently working with Shardul Amarchand Mangaldas, Mumbai.

    In this interview, Harshita talks about:

    • Her experience at the Law School and what incidents from college days contributed to shaping her career as a Lawyer
    • Her internship experience. How one should go about internships and how it can benefit in the career ahead.
    • Her thoughts about activities like Mooting, Debating and Publications
    • What were the biggest hurdles in the first few months of the start of her career
    • How one should about framing their C.V.

    What prompted you to think of law as a career? If not law, what other options would you have considered for your career?

    I am a first-generation lawyer, so yes the choice was challenging. But to start off, it was my family and teachers who saw my grit in oration, topical debates and liberating discussions. Later, I started realising my inclination towards law and policy, and …here I am. As a Corporate Lawyer, when you represent your client in a deal wherein all that he has earned for his entire lifetime is at stake, the trust they place in you brings a lot of responsibility, and that’s where the true satisfaction of being a lawyer comes from. However, had I not been a Lawyer, I might have considered journalism as one of the possible avenues. Again, for the similar reasons.

    Tell us about your law school experience. Share some highlights from your college days that shaped you as a lawyer.

    It has been tremendous. The experiences have been instrumental in shaping me, both professionally and as a person. Those five years have taught me that doing law is not just a chase for money and recognition, it taught me to have a voice of your own but at the same time be tolerant to the contrary opinions.  I was fairly good in academics but at the same time, I always had a flair for extracurricular activities. Be it moots, quiz contests, debating, or even sports. I did it all.

    Did you do any internship during your studies? How should a law student have a structured pattern for internships and what is its importance in shaping the career ahead?

    Absolutely. The best part of being a law student is being exposed to numerous internships and legal training at various organisations. I have personally done approximately ten internships before graduating, and this helped me verify my areas of interest.

    If you are not a part of the so-called ‘NLU-Hype’, you might have to face problems. In all my internships/external assignments, the first thing I was asked was that which college I am from, even before my name. And that’s how people may judge the quality of work they can expect from you. Prove otherwise and show your worth. After graduation, despite being a non-NLU candidate, I had offers from Wadia Ghandy and Hewlett-Packard. And now, it’s Amarchand. So, if you are good enough you don’t need a big name to add stars to your candidature, you will create your stamp.

    And yes, I would take this opportunity to address all those who come from a complete non-legal background as me. We know how things work these days, and when you don’t have a direct contact to call a law firm’s senior associate or a partner for fixing your internship in your preferred slot, you will face difficulties. But don’t loose hope, keep following up and keep trying. This way, I’ve had a good fortune of working with the reputed law firms, corporate houses, the best advocates. You must make a choice only after trying your hands at all possible options. What we read as a law student and what we get to practice as a full-time lawyer is very different. So, before going for a final promenade, we should experience all that’s in the lane.  FB_IMG_1457586860238

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

    I put them first on my priority list. I have myself been an avid mooter. As a law student, mooting is the most enriching exercise that gives us a firsthand experience of being an advocate. It’s a platform for the law students to hone their oratory and research skills. Publications are again, critical. Especially when done in the areas one wants to explore. Research in your probable areas of interest can help you verify your interest and guide you in deciding the best pick.

    What helped you shape your current professional profile within the field?

    I graduated with Hons. in Corporate Laws. So, though I always had a knack for corporate and commercial laws, I was unsure about the area of specialization to be chosen within this domain. Developing expertise comes through practice and expediency. I am still a learner and an explorer. Landing in the niche field of banking and finance was by chance, but continuing this would be my choice. A long way to go from here.

    What were the biggest hurdles and challenges in the first few months? How did you deal with them?

    It takes a while to learn the ropes. The legal profession is demanding, the stakes are high, and it can be harsh on the one making mistakes. But mistakes are bound to happen if you are new, so take the onus and fix it. Apart from that long working hours, heaps of paperwork and research requires a lot of whip-smartness. But the zeal you see around in your colleagues, seniors, and the enthusiasm they carry even after working for 15-20 hours at a stretch brings a lot of motivation from within. One needs to be flexible to adjust to a law firm’s environment.

    How is your experience so far? How’s your workday like?

    Truly amazing. Every day there’s a new task in hand to look forward to. Law firms are very quick and swift in their working as compared to any other place. When I joined, on the first day I was briefly given an insight of the work and the nature of transactions and from the very next day I was made to handle the transactions, complete documentation, attend the clients, etc. Now, that’s where the direct market exposure and learning comes from.

    The day is usually hectic; we work for almost 10-12 hours a day on an average. However, it’s very important to balance work and life. Juggling the demands for each can be difficult in the beginning, but don’t let one invade the other.

    Any tips on how one should go about framing a C.V. and prepare for an interview?

    For the CV, the most important thing is a clear depiction of your areas of interest. This can be done through the diverse range of internships, moots, publications, etc. Now coming to CGPA. The saddest part of our education system is that we focus on making a student more marketable by quantifying academics. So no matter how much I disagree, a piece of advice would be to have a decent CGPA. For an interview, just study the organisation well and be yourself. Do not settle for anything that’s not your forte or not a part of your plan.

    What would be your parting message to law students?

    I am learning this, and I definitely want to share..no matter how lucrative an opportunity in hand looks, you must always have the courage to say ‘NO’ if it’s not in tune with your long term goals.

    Be a ‘self-made’ person, chase your dreams, and once you’ve done that… you can proudly call yourself a ‘superlawyer’.  

  • Paramvir Singh, IAS, AIR 29, on all about preparing for the UPSC

    Paramvir Singh, IAS, AIR 29, on all about preparing for the UPSC

    Paramvir Singh graduated from National Law University, Delhi in 2013. After graduation, he appeared for the Union Public Service Commission Examination and secured an All India Rank of 619. He decided to appear again for this exam and in the year 2014, he was successfully ranked AIR 29 and he is currently undergoing his training period at the Lal Bahadur Shastri National Academy of Administration, Mussoorie. He will be soon joining the Punjab Cadre after the completion of the training.

    In this interview, he talks about: –

    • His experiences as a law student at the National Law University, Delhi.
    • His strategy for the Preparation of this exam
    • Advice to Prospective candidates of Civil Service Examination.

     

    How would you like to introduce yourself to the readers? Please tell us a bit about your childhood and background.

    I belong to a typical middle class family from Haryana which moved to city from a village only some 20 years back. My father and uncles are first generation graduates and lawyers who all moved to city breaking away from the traditional occupation of farming. Being unfamiliar with the city I received my primary and secondary education at very modest schools in the city, even though academically I performed decently throughout. At senior secondary level I opted for science with a view to get into one of the engineering institutions, blindly imitating others around me. However, the turn of events diverted my plans to take me where I am now stationed.

     

    Why did you opt for the study of law? Did you find any legal professional in your family and friends?

    I was least career conscious till my senior secondary level; neither had I understood the importance of choosing a career path nor did I put serious efforts to get into top engineering institutions, so at the end of my board exams I was directionless as to the path forward. My father, a lawyer, prodded me to write for law entrance exams which I found required much less time and sustained effort than the sitting for engineering entrance and took up the idea readily. Even though initially it was an accidental choice, as I went through the law school I really enjoyed the kind of environment and exposure it could provide for me.

     

    What were your objectives and plans in the preliminary years of the law school?

    I really had no elaborate plans or any particular expectations from the law school apart from a degree in law. I did not focus on any particular aspect like aiming for a brilliant CGPA or building a great CV, because I was not much aware of their value in the first place. This lack of focus towards my career path gave me the freedom to explore areas of my interest, and did not weigh me down with making career oriented choices such as choosing a particular kind of internship etc. My singular target was to focus on areas of learning where I lacked behind my peers due to differential and inadequate nature of my education in school. The maximum learning happened not because of the teachers or lectures but from influence of peers who represented diverse backgrounds and carried with them a diverse kind of learning, a little of which I was able to partake over the years in law school.

     

    Did you focus only on the Academics in the college life? How did you excel in the Academics? How’s the Academic Pressure in NLU Delhi?

    No, as I said there was no particular clarity in my mind on what I wanted to get out of law school, I tried to participate in as many things as possible like mooting, debating and even some research projects. In academics my performance was to my satisfaction and I was generally ranked in the top order. Academic pressure wasn’t all that much except with some courses where the professors sincerely put in effort and expected a good amount of self study from us; the others did not really demand much hard work and were engaged in only a formality of teaching.

     

    What extra-curricular activities did you take part in that helped you in overall development?

    I took part in many extra-curricular activities which presented to us in the law school such as mooting, some debating, legal courses in other universities, one research project for drafting a law, and a UNDP project. I did not have many publications to show for it, but I was able to learn a lot in terms of my legal acumen and drafting skills to be a successful lawyer if I chose to be.

     

    What were your areas of interest while you were in Law School? And how did you go about developing expertise and knowledge in these areas?

    As law is a very diverse field comprising of totally disparate kind of subjects, my focus was on gathering as much familiarity with these as the college could offer. The kind of subjects in which I developed more interest were dependent upon the ability of the teachers to make them more interesting and effort worthy. Some of the subjects I had more inclination to study because I found them more fundamental than others were Jurisprudence and Constitution.

     

    Please tell us about the places you have interned at and if these were all planned. How is an internship helpful for a law student?

    As for internships I was not able to do many and only worked for Delhi Legal Services Authority once. It was because of lack of focus as to what I wanted to do after graduation as also my liking to spend the limited time of vacations at my home. However, I think that internships are a great way for the students to see different work environments for themselves and also for many prospective employers to see their working firsthand.

     

    Did you not get tempted by fancy corporate jobs?

    My focus during law school was mainly on absorbing whatever learning I could, and had relegated career choices to the very end of law school. I actually was not much attracted by corporate jobs which I thought would not suit my temperament requiring similar kind of work being done over and over, however, to be fair to them I have actually not even interned in a corporate firm. But it was this impression which kept me away from them, as also my inclination not to run after money when I did not much for the kind of life I wanted.

     

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    When did you start preparing for the civil services? Did you start preparing for it when you were in college?

    I had heard a lot of good things about civil services from my colleagues and the kind of opportunities it offered in terms of career. However, neither did I have any family member in the services nor any definite guidance, so I did not consider it seriously until the final year of the law school. With very haphazard information at my disposal, but other career paths seeming very tumultuous and long I decided to join a coaching, which was not difficult being in Delhi. The initial preparation was quite unplanned and a probe in the dark. However, after the notification of the exam, which had suddenly slashed the number of optional subjects to be taken to one, I became excited and prepared sincerely for the prelims with another friend to offer me company.

     

    How did you start preparing for the Civil Services Exam? Do you think coaching is a prerequisite to crack this exam?

    It was a very unplanned and unfocused preparation in the beginning where I was trying to read everything I could get my hands on and remotely related to the exam. In hindsight I think that only served me in good stead as I did not narrow down my focus too much on the syllabus and did not get bogged down by reading only what was being taught at the coaching institutions. I joined a coaching institute only after writing my prelims, and used it as a option to use for guidance whenever I needed any and for some writing practice. With the kind of pattern which is being followed recently Coaching has lost a good deal of relevance in cracking the exam, with focus required on understanding and being able to analyse the current events happening around us. It can be as well got from newspapers and internet and coaching institutes do not have monopoly over the reading material or expertise anymore.

    Most coaching centres do not cater to the specific weaknesses or strengths of the individual student, which can only be understood and worked upon by the individual themselves

     

    What was the routine you followed everyday throughout the course of your preparation?

    My effort was towards being able to put minimum 6 hours of study everyday which changed from random readings initially to syllabus specific readings just before the exam. Not only reading, but being able to make adequate notes for remembrance and writing skills to reproduce it is equally important for the exam, so I focused on these 3 things.

     

    What were your optional subjects?

    There was but obvious choice of taking law as the optional subject when there was only one optional to be taken.

     

    Do you think law students might have an edge while preparing for the UPSC exam?

    Yes, especially because they are well adept through their study in law of filtering out and understanding the real issues involved in any question or problem. As also a student of law is generally familiar with lot of areas which overlap with the exam such as polity as also some familiarity with basic philosophical schools etc which help in the ‘Ethics’ paper. ‘law’ as a optional has performed better than most, with around 6 people being with law optional in top 50 this year. I would definitely recommend it as a much accessible career option for the law students.

     

    What was your study pattern, the mode of study (online, offline etc). Please mention some of the books you referred to and how did you go about preparing for each stage of the exam?

    My main focus was to free myself of general distractions and to be able to devote at least 6 hours every day to study for the exam. The primary mode of study was through books and newspapers for which I made notes in my laptop. I also referred to some magazines such as Frontline etc which I read online or after printing. For the preliminaries and general studies it is difficult to give a book list as there is a choice of books on every topic, but NCERTs are a good starting point for almost all topics. As for the Law, I referred to Starke for International Law, Bangia for Contracts and Torts, Gaur for IPC, MP Singh for Contracts which were the major topics in Law optional.

     

    What did you do to keep yourself motivated all the time during the course of preparation?

    Even though my focus on the exam, but I kept on doing a lot of other things to keep myself occupied as well as physically and mentally fit for the exam. I used to go cycling in the hills around my home everyday, would go for music classes and spend a lot of time in learning some new hobby or other everyday which allowed me to be focused on preparation without getting bored or distracted.

     

    Could you please give some tips to those aspirants who are preparing for this exam? How should they go about preparing different subjects like general awareness, Optional paper of law?

    While preparing a candidate should first have a detailed look at the past year question papers, to understand the mind of the UPSC examiners which can provide a direction in separation of chaff from grain while reading for it. Even though the questions are different every year but they point to a trend which can be helpful in deciding how to prepare. For Law as a optional subject the kind of questions are more or less similar every year which therefore should definitely be looked at.

     

    Every year lakhs of people attempt this exam and only a thousand people get selected? Could you tell us in brief what are the skills required to crack prelims and mains exams?

    According to me, there are basically three skills required for cracking the exam, reading skills—being able to sit continuously for extended period to read, analytical skills—ability to understand the crux of an issue from what you read and writing skills—being able to express yourself lucidly through your answer writing, which in combination with adequate hard work and dedication can make the person stand out from the hordes of people sitting for the exam every year.

     

    Mussoorie
    Mussoorie

    How should a law student approach the interview for the Civil Services Exam?

    For interview, there is no special approach or preparation which is desired. The interviewers are generally only looking for the confidence level and communication skills of the candidate which most of the law students are good at and thus interview is mostly the easiest part of the process for a law student.

     

    What is your experience with the preparation that is required for the civil services? Undisputedly, it requires a huge mental strength and hard work.

    More than anything else it requires a confidence in your ability and the dedication to put in the level of hard work required to achieve it, that is prerequisite for being successful in the exam. To plunge into preparation without adequate mental temperament can inturn be counterproductive.

     

    You secured Rank 619 in the year 2013 and got through in your first attempt. Why did you decide to take drop of a year? What was your preference of services and why?

    I was working in High Court as a litigation lawyer after taking my first attempt and work was very pleasing to my nature. When I did not get the choice of my service and being confident enough that I will make it to IAS the next year, I decided to not go through the unnecessary hassle of joining one service and leaving it when not inclined to continue in it.

     

    What would be you message to the law students who want to pursue their carrier in the field of Civil Services?

    The best advice I can give to the aspirants is that there is no set formula or strategy or a list of books/materials which can guarantee you success in the exam. There is a diverse set of very important factors such as your initial level of learning, your reading habits, your writing skills, your retention power, which should guide you in your strategy for preparing for the exam. Most coaching centres do not cater to the specific weaknesses or strengths of the individual student, which can only be understood and worked upon by the individual themselves. The differentiating element between successful and non-successful students is not the kind of coaching they took but their individual effort and their ability to understand their own weaknesses and strengths. I would also advice not to start the preparation too early, as in right after 12th standard. A candidate should use the initial years of graduation to build a solid base, so that the process of specific studies for the UPSC exam can be much smoother. I would also strongly recommend that preparation be done in a group of aspirants who can act as strong motivators to each other. It would relieve the stress of looking for best reading materials to a large extent as the discussion with other companions would sort out the best materials.

    As a career option, civil services, from my limited experience of the field, has a lot to offer and especially IAS offers the diverse exposure which probably no other job can offer to fresher graduates right out of graduation. It offers a lot of autonomy and creativity in the working environment which much more than compensates for the lesser salaries on offer. The service calls for the best minds of the country to the deal with the complex issues facing it today and law students are particularly suited for it.

     

     

    This interview was taken by: Shubham Gupta, III year, NLU Delhi

  • Sonia Saini, An independent practitioner, on choosing family matters, consumer matters, co-operative society matters and SS Global Law Firm

    Sonia Saini, An independent practitioner, on choosing family matters, consumer matters, co-operative society matters and SS Global Law Firm

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    Sonia Saini is a graduate of Amity Law school, 2010 batch, an independent legal practitioner running her office in Dwarka, New Delhi in the name and Style of SS Global Law Firm for the last 3 years. As a litigation lawyer, she takes up family law matters, consumer matters, focusing on disputes against builders and Co-operative Society matters. She is also an empaneled lawyer with two nationalized banks and also handles corporate compliance for start-ups.

    In this interview, Sonia talks about:

    • Her life in Law School and what inclined her towards legal education
    • Practicing independently
    • Challenges she faced due to not having a legal background
    • SS Global Law Firms and its motives

    How would you like to introduce yourself to our readers?

    I would introduce myself as a litigation lawyer and a learner, striving hard to learn as much as I can to be a better and a knowledgeable person.

    Tell us about your Pre Law school years. What inclined you towards legal education?

    I did my schooling from St. Francis De Sales School and joined Amity Law School in 2005. I was a medical aspirant till the time. suddenly one day, during my medical preparation days I realized that I was not made for it. Soon after my 12th boards, I kept all my medical books in the cupboard and locked it. I did not know what I wanted to be then, but I knew what I did not want. After this, I went online to find out the options I had after 12th standard and after thorough research, I found law as an attractive option. So, I  decided to follow my heart and started preparing for law entrance soon after my board exams and got through Amity Law School. Though initially my parents did not approve of my decision but later I convinced them.

    As a law student which activities did you participate in and how did it help you?

    As a law student, I participated in moot courts conducted by the college and some inter college moot court competitions. I represented my college in International Arbitration moot at IICLAM and National Law School and bagged Runners Up and best Memorial Prize. Participating in moot courts helps you develop confidence as a lawyer and inculcates the habit of researching and putting forward your views and prepares you to handle the initial fear that you face as a junior in court.

    What were your areas of interest while you were in law school? How did you go about developing expertise and knowledge in these regions?picture superlawyer 2

    My areas in Law School were mainly Arbitration as I participated in many Arbitration Moots and Criminal Law because I found it fascinating. We used to read a lot of books and commentaries on these subjects and always tried to understand the concept rather than just memorizing it for the sake of exams.

    There is a notion that one should work at least a few years under a Senior Advocate to understand the intricacies and practical aspects of Law. You started your practice independently after working for 3 years. How did you overcome your initial jitters in a courtroom full of experienced lawyers and judges?

    Yes, the notion is somewhat correct, but I would rather say that it is tough for any lawyer to find a good senior these days and, therefore, the sooner you get independent better it is for you. I always prepare well before going to any court. Even when I started whenever I did not know what to do the next day in court, I often went to attend a hearing on similar matters to understand the procedure. I always and till date read my files thoroughly and research well in advance to understand the case. I remember, once a senior told me during my internship days that a lawyer should never think he is too inexperienced to handle anything. if he knows what’s there in his brief, he is as good as other senior lawyers. The key is focusing and working hard each single day of your life.

    What all challenges did you face while starting up given that you do not have any legal background? What were your challenges and how did you face them

    Though I did not have a legal background as my dad is a business man and my siblings are doctors still after working with a district lawyer and a law firm initially I decided to go independent as this is what I always wanted. The feeling of being independent and living life on your terms always fascinated me. therefore, as soon as I felt I could take the risk life I left everything on God and Destiny and made the leap. Initially, being a female lawyer and till date, sometimes, you face bias by your fellow lawyers in court. I have always taken everything as a learning experience which makes me a stronger and a better litigator each day.

    Describe your experience when you appeared in the court for the first time.

    It was a thrilling experience. It was during my first month of practice with an advocate at the District Court that my senior handed over his file to me as he had to attend some other matter in Delhi High Court. The matter which I was supposed to handle was Interim Injunction application to stop a builder from further construction as the construction was hampering the right of my client. Initially, I was a bit scared but later I read the file thoroughly and delivered my best! and we got the injunction.

    Did you ever have any other plans other than litigation? What are your views on LL.M.? Do you think Indian Legal Education needs to improve?

    I  wanted to be a judge when I finished law school and as a matter of fact I cleared some judicial service exams up to certain level, but when I could not get the desired results in 1.5 years, I decided to focus on litigation and eventually started my practice. I think LLM is not essential but practically getting an LLM from some good foreign university does help in getting jobs in good firms. Yes, I feel Legal Education requires upgradations not only at the student level but also at the professional level. Legal education is not treated seriously as other professions which are not only degrading the standards of the bar but injuring the reputation of the whole legal fraternity.

    Why did you choose family matters, consumer matters, and co-operative society matters? What motivated you to choose that?

    I am an excellent listener. Therefore, clients always approached me for their family matters for they require a lot of patience. As I started taking more and more family law matters, I developed a liking for such them. Consumer Matter against builders came to me initially through contacts but later I developed an interest in it and the feeling you get when you fight for your clients right against big corporations thrills me. My client’s appreciation towards my work and their trust in me even though I am still a young lawyer and not as experienced as others motivates me more.

    Please tell us something about “SS Global Law Firm”. What does the day at work looks like? What is the most challenging or stressful part of being a litigation lawyer? 

    SS Global Law Firm is a law office providing services in Litigation, Arbitration and Intellectual Property. The firm is handled by me and four other partners who are my senior and friends. Each partner handles matters according to their expertise. The day starts at 6:30 every day reading files at home for the days hearing, attending court hearing till 4:00 pm, returning to the office by 5:00, attending client meetings and then preparing papers and case files for the next day and leaving home by 7:00 pm.

    What would be your advice to young law students? Whether they should join a firm or practice at bar? How should they approach the legal career?

    My advice to law students would be to follow your heart because your heart knows what you truly want in life. Both firm and practice at bar are equally good but what is important is at the end of the day is that you should be a happy and a satisfied person. No amount of money can buy happiness and professional satisfaction for you. Therefore, it is best to understand yourself and to make the best choice for yourself.The law as a career is superb because whatever field you are in be it a litigation lawyer, a corporate lawyer, a legal advisor, a professor of law you always get an opportunity to learn something new every day which is not the case with most professions. As a lawyer, you don’t have to invest in equipment and machinery or other things you just have to invest in yourself, and eventually, you get lucrative returns for this investment.

  • Lavin Hirani, Head-Legal Affairs, Red Chillies Entertainments on law and bollywood and importance of IPR

    Lavin Hirani, Head-Legal Affairs, Red Chillies Entertainments on law and bollywood and importance of IPR

    Lavin Hirani, though not a Bollywood actor himself, is a star in his own right. The present Head of Legal Affairs at Red Chillies Entertainments Pvt. Ltd. (Shah Rukh Khan’s Company), he could very well be termed as a mega star in the field of Entertainment and Intellectual Property Rights Law. A graduate of the University of Mumbai (2007), as well as post-graduate from The University of Manchester (2009), he first started off his career as a Litigation Associate with Khaitan & Jayakar, soon moving on to work as a Media & Entertainment Attorney, first with Naik Naik & Co. Advocates, and then with Hariani and Company – leaving the position in August 2015 to join RCE.

    In this interview, he speaks to us about:

     

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

    Hello, everyone. My name is Lavin Hirani. I am settled in Mumbai, and have been a practicing lawyer since having graduated from the 3 year LLB course in Mumbai University in the year 2007. I am thrilled to have been given this opportunity to share my modest experience of 8 years as a practising lawyer, with the legal fraternity and readers of Super Lawyer.

    I currently work as the Head of Legal Affairs at Red Chillies Entertainment, a film production studio based out of Mumbai since August this year, prior to which, I was handling the  media and entertainment practice at Hariani & Co.

     

    Having done B.Com from Mumbai University, what motivated you to choose law as a career from the same University?

    Well, I would love to say that it was an independent decision, however the truth is that I come from a family of lawyers, including my father, who is an active practicing advocate, due to which I was always intrigued by the profession of law. However, I was never sure of the field of law I wanted to specialise in, and therefore I involved myself with different aspects including criminal and civil litigation prior to deciding that I wanted to specialise in Intellectual Property/Copyright and Media Laws.

     

    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?

    Well, the bitter truth about most of the law schools in India, except for a few of the highly rated national law schools, is that the education and the curriculum never fully prepares you for a career in law.

    Thankfully, I was informed about this by various friends and family members, due to which I went for a law internship even before I started my law education.

    Formal legal education in India can only prepare you so much to help you get an initial background of what the procedural laws / substantive laws in India are all about. The real education starts only once you engage yourself with real life cases, which enable you to realise the intricacies involved in solving the day to day issues faced by clients and how you deal with them.

     

    Right after graduating, you joined M/s Khaitan & Jayakar as an Associate where you worked for one year, and then went for an LL.M. Why did you decide to go for higher studies?

    I always wanted to pursue a Masters in Law. However, I personally believed that a Masters degree in law would have a greater impact and be more fruitful if I had some kind of practical experience as an advocate before I embarked upon any form of specialised education. And to my credit, it did work for me, as I was better able to imbibe the course and appreciate the finer nuances of law, including the subjects I wanted to specialise in.

    I would also like to add that there is no ideal time to educate yourself. Every opportunity is a good opportunity. I know of several colleagues who waited for 3-4 years after graduating law before enrolling in a Masters degree, and several who jumped into one directly after law school, so there is no real straight-jacket approach to a Masters degree.

     

    Tell us something about your LL.M year at the University of  Manchester (UOM), United Kingdom. How did this influence your career?

    There are various reasons why one may pursue a Masters degree, especially from a foreign university. Some of the reasons would be – getting a better position with their current employers/law firms, or as the first step in their journey to work and settle abroad, or better earning prospects, etc.

    However, the reason why I chose to pursue my Masters degree abroad, was to get a broader perspective in my chosen career path, and also to gain further expertise in subjects like IPR, Competition and Business/commercial laws, which I was really interested in, with an accredited university like UOM.

    Although I would like to believe that pursuing a Masters degree abroad did help me with my career, I wouldn’t say that a mMasters degree is a must for everyone, as the costs involved are huge, and it may not always directly co-relate to an increased compensation / better position at work once you are back in India, if that’s what one is looking for.

     

    Soon after Masters, you joined Naik Naik & Company and worked there for two years before joining Hariani & Co. How was your experience working there?

    As I said earlier, one of the subjects I had enrolled in during my masters abroad was intellectual property rights. Naik Naik & Co. was back then and even now one of the few law firms specialising in IP and Media laws and therefore was one of the law firms I interviewed with on my return to India.

    I started working at Naik Naik & Co. from July 2010 for a period of approximately 2.5 years, wherein I got the opportunity of being involved in all kinds of matters ranging from handling transactions related to media and IP related documents to criminal and civil litigation before various courts, commissions, tribunals, CBI, the Supreme Court of India, various High Courts across the country, etc.

    I was involved in several film industry related disputes between producers and broadcasters, guild issues,  issued faced by artists, copyright infringement cases, writ petitions, criminal litigation relating to film personalities, while also being involved in non-media related issues/matters pertaining to land disputes, company petitions, service tax, the Adarsh Scam, etc.

    As a law associate, this was one of the most exciting periods of my professional career back then, as I was engaged in multifarious kinds of litigation and transactions, which is extremely important for any junior starting out in law.

     

    Since November 2012, you started working with Hariani & Co. Tell us about the nature of work you’re entrusted with therein.

    Hariani & Co. is a full service law firm specialising in real estate, litigation, media & IP laws, with several media and film production companies as clients. Although I was really happy with the kind of work I was doing at Naik Naik & Co., I always had a penchant for transactional IP work, which I was missing out on, due to the humungous litigation practice at Naik Naik & Co. I was entrusted with.

    I joined Hariani & Co. in November 2012, and worked there till August 2015. During my stint at Hariani & Co., I was able to hone my skills and knowledge of IP laws, especially copyright law, due to the substantial film and television related transactional work I was entrusted with, including a fair amount of media related disputes/litigation.

    I would like to mention the name of Mr.Ajay Vazirani, Senior Partner at Hariani & Co., under whose guidance I was heading the M&E practice, where I was given full charge of all media clients including some of the biggest film producers in India.

    I have been fortunate to have worked with a great set of people at both Hariani & Co. and Naik Naik & Co., which I believe is extremely essential for any lawyer, as I believe that the only way one can develop and gain, is from learning from others, including juniors, in addition to keeping yourself abreast with developments in your chosen field of practice.

     

    You have specialized in IP law. What made you interested in the same? How would you suggestone can gain expertise in IP Law?

    As I said earlier, I was never sure of the field of law I would choose to specialise in, which I think, in today’s world, is extremely important, while also being competent and informed to deal with any other legal issues your client may face.

    I have had the opportunity, at various stages in my career, of dealing with all kinds of laws, including criminal, civil, real estate, commercial, tax, maritime, contracts, customs, etc. However, I, since my college days, have continued to be extremely enamoured with IP laws, especially copyright laws.

    One of the primary reasons I chose to specialise in media and entertainment law is that it is extremely dynamic and ever-changing, and continues to inspire me with so many issues being faced by authors and the industry, in general, especially pursuant to the vast amendments made to the Copyright Act in the year 2012, some of which issues, the film industry continues to battle with.

    In addition to having a special interest in copyright, I am also interested in commercial/business, and contractual laws, which I think is extremely important for any lawyer today. Except for a few branches of law, everything in today’s world is about business and contracts, where another important skill for a lawyer is drafting and negotiation, which also is something I strive to get myself involved with, and improved at, with each passing day.

    Further, I am not aware of how one can gain expertise in IP law, as I do not consider myself to be an expert. However, I believe the best way to get yourself to become an expert in any subject of law, would be to involve oneself with the constant practice of dealing with real world issues of the particular field of law you want to gain expertise in, and also by updating yourself with various developments happening in the said chosen field, including through court judgments, reports and industry specific notifications/updates on a regular basis.

     

    What are the primary essentials of an IPR lawyer? How might a fresh graduate work on building these skills?

    According to me, the essentials of a good IPR lawyer is knowledge of the acts governing copyright, trademarks, patents and designs, including laws pertaining to contract and specific performance, as most of the acts governing IP provide for the requirement of written agreements recording transfers, assignments and registration of IP.

    It is also good to have some basic knowledge of how litigation works in India, and not just procedural laws governing the subject, as it is very important for a lawyer to understand the difference between probability and possibility of issues arising from any particular clause / agreement negotiated by one, and moving forward accordingly. Every deal/transaction has its own modalities and specifics, and therefore good drafting and analytical skills are an absolute must for a lawyer, as this is something where many lawyers miss the bus.

    I have had the fortune of working with several accomplished lawyers as a junior, and from what I have learnt from watching them from a vantage point over the past several years, I believe the best way to learn for any fresh graduate is to be sincere and spirited, as the only way one can learn is through eagerness and hard work.

     

    What would be your advice to students interested in Intellectual Property Rights?

    My advice to anyone interested in IPR would be to follow your instinct. There is no right or wrong field in law. There may be ones that are more lucrative than the other. However, you may only succeed if you are interested, and have some form of expertise in your chosen field.

     

    IPR is also vast, with lawyers specialising in trademarks, copyrights, technology, and also as patent attorneys.

     

    You have recently joined Red Chillies Entertainment (RCE), which is promoted by Shah Rukh Khan. How did this shift take place?

    Due to my work profile, I was involved with various film production companies, and as some of you may know, RCE has recently adopted a major shift in its strategy towards being a full-fledged film production studio. Knowing my interest and aptitude with film related transactions, and not only as someone having a legal background and approach, but also someone interested in the business end of things, I was offered to join RCE to head the legal department, which, according to me, was an interesting opportunity at this juncture of my career.

    Having known the entire team at RCE, having worked with them closely since the past several years, it wasn’t a difficult decision to make.

     

    What all falls under your responsibility as Head Legal at Red Chillies? What are the primary requirements for such a role?

    I am engaged in the dual capacity of Head Legal of RCE, and also as a personal in house legal advisor for Mr.Khan’s personal endorsement’s and investments.

    However, in my role as the Head Legal of RCE, I am responsible for all legal issues faced by the company on a daily basis, including being responsible for all transactions pertaining to films produced, and various other IP controlled, by RCE, including acquisition, sale, licensing and distribution of films, brand associations, etc.

     

    Does specialization in IPR Laws, especially Copyright, help in such a work profile?

    Yes, it does. RCE being involved in the business of production and distribution of films, I deal with issues relating to copyright laws on a daily basis. However, in addition to the same, it is also extremely important for me to delve into various issues concerning the internal workings of the company, for which knowledge of employment and labour laws, corporate, sports, real estate and various other Indian and international laws, is also a must.

     

    What will be your message to those who aspire to join Bollywood as a lawyer?

    I won’t use the word Bollywood, as it’s an extremely restrictive term, and is used in reference to the film industry in Mumbai, only. However, the media and entertainment space is growing day by day, and furthermore, with the onslaught of entrepreneurial ventures and start-ups in the technology / ecommerce and entertainment space, there is huge potential for IP lawyers in the future, as long as they are willing to be striven towards, and genuinely concerned about IP laws, and not just the sugar coat of the media industry, which fades away in no time.

    As a parting note, all I would like to say is that in addition to having knowledge and experience, it is extremely important that one is pragmatic and enthusiastic about their chosen field of law, including understanding the importance of maintaining inter-personal relationships with fellow lawyers / colleagues, as law is one of the few professions where you are bound to interact, in some form or the other, with your past or present colleagues, seniors, juniors and others, over transactions, deals or some form of dispute/s, and therefore one must not ever under-estimate others or over-estimate oneself, as everyone you interact with will in some way or the other contribute to your being a better lawyer.

    Wishing everyone at SuperLawyer and its readers a very Happy New Year!

     

     

     

  • Ashutosh Pandey, Additional District Judge, Tripura, on preparing and cracking the judicial services exam

    Ashutosh Pandey, Additional District Judge, Tripura, on preparing and cracking the judicial services exam

    Ashutosh Pandey qualified in law from Banaras Hindu University in the 2005 Batch. He has been a practicing lawyer in all the six courts of Delhi since then. He started preparing for the judicial services in 2010 and finally cracked the Tripura Judicial Services in 2015, securing the single Additional District Judge vacancy in higher judiciary. In this interview he talks to us about:

    • His background and the impact on his values and beliefs today
    • His preparation for the Tripura Judicial Services
    • The syllabus and books referred to in order to crack the exam
    • His personal views on the values and inspirations that can lead to success in order to crack such an exam

     

    How would you introduce yourself, given that most of our readers are aspirants of law and services, law students and professionals?

    I am a native of Buxar, Bihar who has graduated from BHU Law School with a BA LLB in Geography (Hons.). In 2015, I cracked the Tripura Judicial Services exam where there was a single vacancy. I come from a remote area and coming from a background without any legal professionals in the family taught me that the only companion is hard work. I am an individual who believes strongly in the values of sincerity towards preparation and the fight to succeed amidst stiff competition while rectifying one’s weakness alongside.

     

    What was your life like after graduation and how did you begin focussed preparation in order to achieve your goal?

    I came to Delhi in 2005 and I practiced at the Delhi Bar Association for 7 years as an advocate in all six district courts, tribunals and also had the opportunity to represent in the Delhi High Court and the Supreme Court. Initially, I was simultaneously preparing for the Higher Judiciary along with the practice. I had observed a lot of my classmates who had successfully cracked the exams in order to secure the Magistrate position and were posted all over India. I was confident in my abilities in being selected as an ADJ.

    The chances of selection though are minute, because students from all over India appear for the exam and in huge numbers. Moreover, only 25% of all ADJ position holders are recruited directly from the Bar with 7 years’ experience despite the massive number of applicants while the rest 75% get selected through Departmental exam or promotions. The chances of selection also depend on the different marking criteria along with different syllabus which varies across states.

     

    Along with your hard work and capability, which individual would you like to accord credit to in your attaining your goal? For what reason did this person have such a massive impact on you?

    I would like to acknowledge my friends and batchmates of 2005 from BHU along with Akhilesh Kumar who also cracked the Rajasthan Higher Judiciary as an ADJ in 2015. The two of us were practising and simultaneously preparing for Judicial Services exams for various states. The two of us share the ideology that hard work coupled with meticulous planning and cooperation are a formula for success in the Higher Judiciary services.

    My father had faith and confidence in me as well and supported my journey to become a judge of Tripura Higher Judicial Services.

     

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    Did you undertake coaching or mock tests, or refer to any study material during your preparation?

    In my journey, self-study, text books, bare acts and the foundation and understanding of basics developed during my time in law school helped me to attain my goal and I personally believe that one cannot negotiate, or rather that there is no substitute for hard work.

    In today’s day, in my view, there are multiple commercial coaching centres and they are beyond the reach of the pocket of a normal student. I referred to no mock tests and undertook no coaching from any centre but for the purposed of cracking the interview, I took advice from my friends who had appeared for Judicial Services exams.

    I was in the process of serious preparations for the Judiciary since 2009 and was successful in cracking the exam and being selected on 2nd February, 2015 into the Tripura Higher Judicial services.

    I don’t believe in luck or dependence upon any individual or blaming someone else for my own results. What I do believe in immensely is hard work along with 3 important D’s- dedication, devotion and determination and unwavering focus upon the goal one has set out.

    My motto for life is my belief that if someone does hard work, it won’t go in vain, it shall always reap results and lead to success.

     

    How many hours did you devote towards the Judicial Services in terms of your preparation on a daily basis?

    In order to clear the Higher Judicial Services one requires deep knowledge and practise of advocacy alongside helps one to learn the law more. Apart from that, I used to spend around 5 hours daily on my preparation and study.

     

    What would be the syllabus and the major acts which should be read by an aspirant of the Judicial exams?

    The syllabus for Higher Judicial Services varies across different states. Moreover, it is lengthy and so a candidate has to prepare according to the syllabus of the concerned state.

    In procedural laws, one needs to be well versed with Criminal Procedure Code, Civil Procedure Code, Evidence Act and in substantive laws, Transfer of Property Act, Indian Penal Code, Negotiable Instruments Act, Family Laws, SC/ST Act, the Narcotic Drugs and Psychotropic Substances Act, the Arbitration and Conciliation Act of 1996 and the Prevention of Corruption Act. One must also keep referring to Supreme Court and High Court judgements and other State laws must also be referred and compared. While writing answers, one must also keep in mind to write them in line with landmark judgements and with comparative study of one act from another.

    One must also remember CSE law on a regular basis and in case, one doesn’t remember the same, the fact or principle held in the Judgements should be remembered.

     

    What are the books you would recommend in order to prepare for the Higher Judicial Services?

    The books I can recommend are all Bare Acts, all the college text books in general, S.N.Mishra for Indian Penal Code, J.N. Pandey for Constitutional Law, Takwani for Civil Procedure Code, Kelkar for Criminal Procedure Code and TPA as well as Evidence from Mulla and Mulla in particular.

     

     

    This interview was taken by: Abhinandan Pandey, III year, ICFAI Law School, Hyderabad

  • Shaun Star, Founder, Australia India Advisory and Australia-India Youth Dialogue on differential experiences of working in Indian and Australian law firms

    Shaun Star, Founder, Australia India Advisory and Australia-India Youth Dialogue on differential experiences of working in Indian and Australian law firms

    Shaun Star graduated in B.Com and qualified in Law from Macquarie University in 2011, he further went on to pursue BCL from Oxford the same year. His dalliance with the Indian legal system started off with his exchange programme from the NLSIU, Bangalore as a part of his curriculum at Macquarie. Shaun is the Co-founder and Chairperson of the Australia-India Youth Dialogue, Co-founder of Crosshack and the founder of an advisory practice – the Australia India Advisory. In this interview, he expounds on:

    • His experience as an exchange student at NLSIU, Bangalore and as a BCL student in Oxford
    • His time at Clayton Utz in Australia and Amarchand Mangaldas and the Law Offices of Nandan Kamath in India.
    • The importance of LL.M degrees, differential experiences of working in Indian and Australian law firms as well as the importance of cross border ties
    • His advice for undergraduate students interested in corporate law and lawyers hoping to pursue transnational careers.

     

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    Your book titled, “Australia and India: Comparative Law and Legal Practice” was recently released in New Delhi? Tell us more about it.

    I edited a book, entitled “Australia and India: A Comparative Overview of the Law and Legal Practice”, which compares the Indian and Australian legal systems. With forewords from the chief justices of India and Australia, the book comprises contributions written by eminent judges, barristers, lawyers and academics from both nations. The book was launched by the Attorney-Generals of Australia and India at the Australian High Commissioner’s residence in New Delhi and subsequently by The Honourable Michael Kirby AC CMG, former Justice of the High Court of Australia. It has been published by Universal Law Publishers, an imprint of Lexis Nexis.

    Each chapter of this volume has been co-authored by some of Australia’s and India’s top legal luminaries including the likes of Gopal Subramanium, Anand Grover, Haigreve Khaitan, Cyril Shroff, Pallavi Shroff, Shardul Shroff, Sumanto Basu, Madhurima Mukherjee, Nisha Kaur Uberoi and V Umakanth.

    This book is important not only because it provides a resource for those interested to learn about how these different regulatory regimes work but also because it promotes collaboration. Through this publication, I have been able to introduce many of the authors to each other for the first time – many of whom have started working on other projects together.

    More information about the book is available here.

     

    What do you think are the things India can learn from the Australian Legal system?

    Given the common heritage of our legal systems and the many similarities in the form and structure of our federal systems of Government, there are many more opportunities for people in both countries to learn from each other, establishing partnerships of mutual benefit and shared understanding. For example, Australia has undergone a cultural shift with respect to litigation procedures in recent decades, with a focus on efficient and cost-effective litigation. While the Indian judicial system has its own unique challenges – with the sheer size of India’s population – some of these procedures of case management which have been successfully implemented in Australia may be useful in the Indian context. Conversely, Australia can learn from India’s use of public interest litigation which has been a driving force of reform in certain areas of the law, such as in human rights, public health and the environment.

     

     Tell us about your experience at NLSIU.

    (Shaun’s first introduction to Indian law was as an exchange student at the National Law School of India University, Bangalore (NLSIU).)

    I was selected by the Australian Government to receive an Endeavour Award Scholarship (which is essentially Australia’s equivalent of the Fullbright Scholarship),which entitled me to study and work in India. I thoroughly enjoyed my time studying at NLSIU, where I had the opportunity to learn different aspects of Indian law.I also had the chance to meet some fantastic new friends, many of whom I have remained in contact with eversince.

    While studying at NLSIU, I chose a number of subjects which allowed me to gain an understanding of different elements of the Indian legal system. Two of those subjects were taught by NLSIU alumni who  had extensive experience as legal practitioners – I found these subjects (mergers &acquisitions and commercial arbitration) in particular worthwhile because of the nexus between academia and legal practice.

     

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    As an undergraduate student you worked at Clayton Utz, one of Australia’s top corporate law firms based in Sydney. How did you come across this opportunity? How was your experience at the firm?

    In Australia, many students work alongside their studies – this allows students to gain experience in law firms or other businesses (as a paralegal for instance) while still at university. Working whilst studying is often common for two reasons:

    • our degrees are more flexible, allowing students to shape their timetables around work schedules (or vice versa); and
    • living expenses as a student can be expensive and many students work alongside their studies in order to pay their way through university.

    I worked as a research assistant and paralegal in the international commercial arbitration group at Clayton Utz. In addition, I participated in the summer clerkship program at Clayton Utz which gave me experience in other practice groups (litigation, pro bono and on secondment to one of Australia’s major banks). Throughout my last two years of university, I worked two-three days per week at the firm.

     

    Tell us about your stint at the Law Offices of Nandan Kamath.

    During my time at the Law Offices of Nandan Kamath, I worked as a foreign qualified lawyer in the areas of sports, entertainment and intellectual property law. I had a fantastic time working with Nandan and his team. I was fortunate enough to be working there during the ICC Cricket World Cup 2011 – this was impeccable timing, given that the firm was engaged by the ICC to provide legal advisory services in connection with the event.

    During my time at the firm, I also worked with Copyright Integrity International, a firm which was engaged to establish and implement a rights protection programme for the World Cup. Through this combined experience, I therefore had great exposure to sports law during such a big international event.

     

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    You previously worked as a Consultant at Amarchand Mangaldas in New Delhi. How did you come across this opportunity? What were the key areas that you worked on at Amarchand?

    As a foreign qualified legal consultant for Amarchand Mangaldas, I worked on a number of domestic and international matters from across a variety of industries in the firm’s corporate advisory, mergers and acquisitions and private equity practice.

    I came across this opportunity quite fortuitously – I remember attending a lecture on Corporate Law in India by Shardul Shroff at Oxford University. After the lecture (during Q & A), I recall asking Mr Shroff about his perspective on whether he thought there was a place for foreign law firms in India. Following our short exchange at Oxford, I remained in contact with the firm and was offered a position as a consultant in the M&A practice. I thoroughly enjoyed the experience as it gave me great exposure to the corporate culture in India, working on a number of significant transactions over the 2.5 years that I worked there.

     

    How is it different from work at an Australian Law firm?

    The skill-sets acquired in working as a transactional lawyer are transferrable across different common law jurisdictions. Of course there are different nuances in the legal systems, which I had to learn when moving to India. Interestingly, I started working at Amarchand at a time when the new Companies Act was coming into force – so I was not the only one who had to learn how the new machinery of India’s corporate law regime functioned.

    It was also interesting adjusting to daily life in the context of an Indian law firm. In Australia, lawyers arrive at work by 8:30am and aim to leave the office at a reasonable time (although that is often not possible in the context of some transactions). In India, I was not expected to arrive at work until much later – although I would often find myself having dinner at the office with my colleagues.

    This was also due to the fact that the deal-flow in India is consistent and I have had the opportunity to work on numerous large and interesting transactions – there seems to never be a dull moment practicing corporate law in India in recent times. That being said, I always found time to catch-up with my colleagues at the local chai-wallah, a practice that I was not accustomed to in Australia.

     

    You pursued a BCL from Oxford. Is it true that an LL.M would help you only if you want to pursue a career in teaching rather than a career in the Industry? What is your take on the same?

    I disagree with the argument that an LL.M will only be beneficial for those pursuing a career in academia. Many successful lawyers and businesspeople in India and across the world have graduated with an LL.M. The opportunity cost of studying abroad for a year is that a young lawyer can spend that time working an extra year in a corporate law firm or as a litigator – but in my opinion, lawyers and advocates will be able to gain that practical experience in a firm throughout the rest of their lives. The experiences, networks and different perspectives that one can gain from pursuing an LL.M abroad is invaluable and serve you in good stead in your career as a professional.

     

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    Tell us about your involvement with the Australia-India Youth Dialogue of which you are Co-founder, and what it hopes to achieve in terms of Indo-Australian relations? Is law as a subject on the radar when it comes to AIYD?

    As Co-founder and Chair of the Australia India Youth Dialogue (AIYD), I lead a  team which organises an annual dialogue for a group of Australia’s and India’s most accomplished young leaders. The AIYD is the pre-eminent track-two young leaders’ dialogue between Australia and India. It aims to provide a sustainable platform for the youth of Australia and India to come together and foster an enduring partnership between our two great countries.

    Each year the AIYD brings together young Australian and Indian leaders, CEOs, Members of Parliament, journalists, policy-makers and athletes to discuss opportunities and challenges significant to the Australia-India relationship.

    Of the 150 young leaders who have participated in the AIYD to date, a number of delegates have been qualified lawyers. Many of these delegates have worked in corporate law practices and have had experience working with Australian and Indian clients in cross-border transactions. In addition, a number of these lawyers have policy interests in the Australia-India bilateral relationship.

     

    You have recently co-founded an organisation which aims to promote collaboration between young entrepreneurs in Australia and India. Can you please tell us a bit more about this?

    In collaboration with two former AIYD delegates, I am building a platform that will encourage young Australian and Indian entrepreneurs to collaborate on projects. The organisation, “Crosshack”, is still in its planning phase and we hope to roll it out in 2016.

    Essentially, Crosshack will bring together groups of entrepreneurs, designers and other young professionals from Australia and India who will meet in Australia or India and collaborate on innovative ideas to build next generation products and services. These ideas will be pitched at an annual conference and it is our hope that Crosshack will lead to collaboration between young entrepreneurs from both countries.

     

    Since leaving Amarchand, you have founded an advisory practice called Australia India Advisory, can you please tell us more about this.

    Running an advisory practice, I assist Australians to better understand business opportunities in Asia, particularly in India. I currently advise numerous Australian organisations (from start-ups to listed companies), assisting them with their entry and expansion into India. I have represented Australian companies across a variety of sectors, including education, energy and resources, professional services and technology.

     

    What advice would you give a law student or a fresh law graduate in order to succeed as a corporate lawyer?

    I think the key to success as a corporate lawyer are similar to that of any young professional in the professional services industry. While technical legal skills are important, nowadays the ability to clearly grasp difficult legal concepts and explain them in a concise way is only the first step. As a young lawyer, one has to be hungry to learn (both in terms of legal knowledge and other “soft-skills”). While it is important to work hard, it is equally important to “work smart” and learn the tricks of the trade from those more senior to you. The fantastic thing about starting out your career as a corporate lawyer is that you can see how many businesses operate across various industries – how they succeed and how (and why) they fail. I think it is important for a young lawyer to always try and see the bigger picture and constantly ask questions – by doing so, a seemingly mundane task like reviewing hundreds of documents in a due diligence process may be more rewarding in the long run.

     

    What advice would you give to Indian Law Grads who want to make a career as a Lawyer practicing across borders?

    My overarching advice would be to go for it! There is an increasing amount of opportunities for lawyers to gain international experience, even from within India. International transactions often involve either international clients or foreign counsel (or both) and you can learn a lot from the manner, professionalism and processes followed by these international lawyers.

    If you have an opportunity to practice abroad during your career, you should take advantage of the experience. The Indian corporate law industry is really competitive and international experience can set you apart from your peers. Applying for positions abroad can be difficult and the standards of applications and interviews are very high – invest enough time in your applications and résumés and seek advice from others who have worked abroad. If successful, work hard and learn as much as you can while working across borders.

  • Akshath Goyal, Assistant Legal Manager, PayU Payments on work experience in IPR, mooting and legal career

    Akshath Goyal, Assistant Legal Manager, PayU Payments on work experience in IPR, mooting and legal career

    Akshath Goyal graduated from the National University of Juridical Sciences in 2012. Just after graduating he worked at the Intellectual Property firm Anand & Anand, and thereafter at Shardul Amarchand Mangaldas and Co. He is passionate about Intellectual Property and has interned and worked in IP related matters since qualification. He is currently the Assistant Legal Manager at a PayU Payments Pvt. Ltd.

    In this interview, he talks to us about:

    • His experience at WBNUJS
    • The importance of clarity, networking, and hard-work
    • The experience of working in big firms and start-ups
    • How to prepare yourself for the profession beyond the first placement

     

    How would you introduce yourself, given that most of our readers are law aspirants, lawyers-in-the-making & young lawyers?

    I am a first generation lawyer and I graduated from WBNUJS. Post-graduation, I have worked with IP boutique firms, full service firms, and now as a counsel for a fin-tech start up company. Over the course of my relatively short career so far, though it feels like a lifetime of work, I have had the privilege of working on subjects/ areas that I enjoy with some of the smartest people in the fraternity.

     

    What interest or influence propelled you to pursue Law as a career? What other options were you considering apart from Law and how did you make the final decision?

    Growing up in a family of Army doctors, I was neither exposed to law nor did I grow up with any innate disposition towards the same. Prompted by my nervousness with the onset of college admissions, I spoke to my parents, teachers, counsellors, etc. most of whom, surprisingly, suggested that I try law.

    I assume one of the major reasons for that was the Law School Entrance being the only exam that tested General Knowledge and Logic for under grad admissions, and being in my school’s quiz team, they assumed that I would have an edge. I then spoke to a few seniors of mine from school, who were doing their legal studies from Bangalore and Hyderabad, and they were very encouraging. So I took the entrance exam for NUJS, which used to be held in January back then, and even before my board exams started I had gotten an admission result. That pretty much sealed it and I was off to Calcutta.

    I did think of medicine as a career option, primarily because my father is a Doctor, but once I realised that the Medical entrance exam involved extensive rote learning of facts I realised it wasn’t my cup of tea and that law just seemed to be a more appealing option for me.

     

    You pursued your Law from the WBNUJS. How would you describe the experience? Would you like to do anything differently if given the chance?

    My time spent at Law school was, without doubt, the happiest 5 years of my life. Calcutta was an excellent city to study in and NUJS had a lot of extremely smart and interesting people. Being a tiny campus with a small student body, you invariably ended up knowing almost everyone and befriending people not just from your batch but from batches above and below yours, which provided for a rich and diverse learning experience.

    I essentially used law school as a platform to explore my interests in law. I mooted, debated, wrote papers, joined societies and committees, conducted events and even played football for my batch team (I still think that’s my greatest achievement in college). I tried my hand at everything law school had to offer and loved every bit of it.

    The one thing that I wish had done differently was maybe focus on my grades a bit more. Unfortunately, despite being one of the best law schools in India, NUJS did not have the best faculty and the entire teaching system was geared towards rewarding rote learning rather than actual legal knowledge and acumen and I think that was one of the reasons why I just never did well academically. Looking back, I probably should have been less stubborn and made the best out of the system that was available. I also regret taking Elective courses simply based on what would appeal to potential recruiters, I now wish that I had taken those that I had genuine interest in and wanted to learn about.

     

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    How did you perform on a purely academic scale? Which disciplines did you find especially engaging and challenging? What was the reason for the same?

    On a purely academic scale, I don’t think I did all that well. I could have definitely done better, but I was left extremely disappointed with the teaching system there. We, of course, had some fantastic professors such as M.P. Singh, Ruchira Goswami, Shamnad Basheer and Anirban Mazumdar, all of whom who made a lot of effort in their lectures, but overall the system left much to be desired leaving a lot of us feeling a bit disappointed.

    I enjoyed my IP and Legal history lessons the most. In fact it was because of the fantastic set of IP professors at NUJS during my time there that I ended up choosing the field as my career.

    Having said that, grades obviously are an indicator of performance but beyond my first college arranged recruitment interview my grades haven’t really been a factor in my legal journey so far. Once you’re in an organisation and in the industry in general, your work and skills count for more than your grades. Yes, getting good grades makes it easy to get that first job or get you that first interview but beyond that it’s your knowledge, handwork and passion for the subject counts.

     

    How did you build a CV which could offset your academic performance?

    Grades only form a part of your application. The CGPA system unfortunately is a very unforgiving one. Abad semester and the math goes against you. Even though I started progressively improving my academic performance after my second year, overcoming the deficit created due my prior performances turned out to be extremely difficult. I would assume that’s where my extensive participation in extra-curricular activates and rigorously pursuing internships helped me off set my academic performance. The fact that I had mooted, wrote and presented papers in India and abroad and organised legal seminars and talks probably tilted the decision in my favour. Having said this, I would also like to advise law students, who are in the same boat as I was, to not underestimate the power of networking. Talk to your seniors, your professors, your friends in other law schools, actively seek advice and recommendations, etc. Most of my internships came because I wrote to people and spoke about my interests and why I wanted to work with them.

    Everyone sends a CV and a generic two liner when applying, what will separate you is the fact that your letter should be able to effectively convey why you want to work with the firm or a particular partner, something that you will only get if you invest time and effort into researching an organisation and then choosing to work with them rather than just applying to the big names.

    By all means, apply to the big 6 but know why you want to work with them, which practise area of theirs fascinates you and why. Once you do the basic leg work and convey the same effectively, I don’t see any reasons why firms will not be glad to have you on board.

     

    Please share with us your experience of participating in in the Surana and Surana Corporate Moot. Did the same help you find your area of interest?

    (Akshath’s team won the runners-up position at the Surana and Surana Corporate Moot)

    I believe that I owe whatever success I had as a mooter to my seniors and team mates from college. I was extremely fortunate that I had a supportive team who never lost faith in me and we ended up working well together and reached the finals of the competition. Since I hadn’t really studied corporate law before the moot, the experience helped me gain confidence in my research skills and ability to understand and solve complex problems without any formal training in the subject.

    Since I did the moot in my first year, it really was too early for it to have an impact on my choice of corporate law as a career. I did, however, enjoy researching the problem.

     

    What interest led you to write research papers? What research techniques did you adopt and what focal questions did you ask in order to write such a paper?

    (Akshath co-authored a paper titled ‘Freedom of Modern Media & Privacy’ which was published by the University of Thailand.)

    Technology and its interplay with law was always something that fascinated me. Which is why when an opportunity to contribute to an international journal came up, I grabbed it with both hands. The fact that I was then invited to Thailand to present the paper was just a fantastic experience. Besides this, I have also co-authored papers on Sustainable Tourism and the Impact of International Trade and its impact on the environment.

    I really didn’t follow a particular theme with my articles, I simply worked on issues that fascinated me at different points of time.

     

    Could you tell the readers about your internships, how you searched and applied for them, the experience and diversity of work you received a chance to engage in, the development it led to?

    Internships were something that I was very careful about. Having decided that I wanted to practise IP laws, I worked in firms with extensive IP work. Even when I did intern in full service firms like Amarchand or Karanjawala, I ensured that I worked on IP disputes and transactions.

     

    You worked as an Associate at Anand&Anand in Noida. What was your work profile like and how did you secure that job?

    Since I wanted to be an IP lawyer, Anand and Anand was an obvious choice. I spoke to my professor, Mr. Basher, who had previously worked at Anand and he had only good things to say about the firm- its culture and practise. Once I had a general sense of the firm, then it was all a matter of applying and interviewing with the firm. Luckily, the firm liked my previous work experiences in the field and took me in.

    Being the biggest IP firm in the country, Anand provided me with an opportunity to work on some fantastic matters for some high profile clients. Being surrounded by some of the best IP practitioners in the country was an insanely enriching experience and ensured that I built a solid foundation.

     

    You then went on to work as an Associate at Shardul Amarchand Mangaldas & Co, Delhi. (SAM & Co.) What prompted this shift and what was the nature of your work?

    While Anand was a great place to learn, as with all boutique firms, your role tends to get highly specific and specialised. I personally felt that it was too early for me to specialise in one part of IP. I wanted to not just work on the contentious side of IP but also on the transactional side of it. That’s where SAM & Co. with its massive corporate practise and international clientele was the best choice. At the firm, I was exposed to the various aspects of IP practise such as technology transfer agreements, comprehensive IP Protections mechanisms, Patent litigation, Regulations governing Technology and IP valuation etc. all which prepared me for my next role as counsel for fin-tech start up.

     

    What qualities do you think a lawyer needs to possess beyond pure numbers on paper? What advice can you provide for a more holistic learning process to attain goals?

    Look don’t get me wrong, numbers help, having great grades gives the employers the confidence that at least you have the basics sorted and that they’re not wasting their time interviewing you. However, having said that, I think one of the biggest qualities a lawyer can possess is having an insatiable hunger for knowledge and information. Don’t just stick to the course material, read things that interest you, talk to people who have been in organisations that you see yourself in.

    I think one of the best things about having a five year college life is that it gives you ample time to figure out what your interests are.  Honestly, my only recommendations to the current bunch of students would be to use this time to understand what you want to do and not where you want to be. Moot, debate, travel, network, and use all the tools available to understand what you want to do and why you want to do it.

    Don’t follow the herd if you know you’re not like them. Understand your strengths and leverage them in your favour, figure out your weaknesses and work on them. Take courses not because they are scoring, but because they interest you (if they happen to be both, then it’s a jackpot). Pursue internships not because they will look good on your CV but because you genuinely want to work in those organisations. When I was interning in Amarchand, I was initially placed in the Projects team but I knew that I wasn’t something I liked. I enjoyed IP and so I spoke to the HR department and they were more than happy to accommodate me and because I had already worked with the Partner at AMSS before, getting the shift from Anand to AMSS was extremely smooth.

     

    In 2015, you left SAM and Co, to work as an Assistant Legal Manager for PayU Payments. Could you tell us a bit about PayU and the nature of your work? What prompted the shift?

    Like I mentioned before, the interplay of law and technology was always something that fascinated me and there is no better industry to watch this relationship unfold than the fin-tech industry.A law firm just cannot provide you with the kind of exposure that a start up can. To be able to sit with the Product Team and conceive and tweak consumer products, to help market the same to your customers, to be part of business strategies of a young company was something that really got me excited.

    At PayU, my work is more than that of a traditional lawyer. At a firm, your job is mostly restricted to legal and regulatory advisory work, but in a company your mandate is so much more. Not only do you have to ensure the product is compliant with the existing legal and regulatory framework, but you also need to figure out how to tweak it in cases where it is not. Plus, by joining a start up, you get to be a part of something from the very beginning and gain a sense of ownership unlike any firm experience.

     

    Could you describe your journey from your first job to the present one and how they’ve contributed to your knowledge and skill set? What has been absolutely memorable through this period?

    Well as mentioned before, each of my jobs focussed on developing a certain skill set which I felt was necessary for me to develop as a lawyer. Since my first job was a boutique firm, it helped me strengthen my basics in the field. My job in a full service firm helped me use those basics to further expand my knowledge base. Finally at my in house job, I’ve been finally able to use my acquired skills and knowledge to work in an industry that fascinates me and challenges me on aspects of not just law but business as well.

    The fact that I have worked at some of the best firms in the country, under some of the smartest people in the industry, and had the opportunity to work in a field that I wanted to has been the best part. I have always tried to work in places that have fascinated me and so far its going well.

     

    Which area of law do you think, personally, has the maximum capacity to develop over the coming years and why do you think so?

    At the risk of sounding biased, I think that IP is the most fascinating field of law. It’s still developing in the country and with all the technological revolution that’s going on around us, IP will start becoming more valuable to companies than traditional tangible assets and that’s when good IP counsels will be extremely sought after. In fact, in the mature jurisdictions of US and EU, patent litigation is one of the most lucrative areas of practise and I see no reason why India will not follow suit.

     

    What is a typical day of work like for you? What interests do you possess outside of the sphere of the workplace?

    Again, the good thing about working in a start-up is that there is no such thing as a typical work day or work profile. Your day can range from working on internal policies for the company, to sitting with the product team and brainstorming on new ideas, or even to negotiating agreements with your business partners, vendors, auditors or your outside counsels. So there’s always a lot going on and it’s always exciting and engaging.

     

    What is your advice to students in order to strike the right balance in law school life?

    My advice to law students would be to use their time to figure out their interests and passions. After that, everything becomes a lot clearer and achievable. Study hard but college should also be about stepping outside your comfort zone. So, join societies, organise events, moot, debate, quiz, dance, etc., because these things play an extremely important role in shaping who you are as an individual, and while grades will help you get your first interview, the rest will help you succeed in life.

     

    Lastly, what makes you believe that you are not a one-shot wonder, or just a lucked out by chance lawyer? What message do you have for our readers?

    Quite honestly, I don’t think I am a one-shot wonder. I say this because I refuse to believe that only the top 10 students in a class can make good lawyers. I went to a college where only 100 kids out of the 25,000 who apply are selected. Almost all of those who end up there are extremely intelligent and motivated individuals with their own inherent strengths and weaknesses, and almost everybody from the college is doing well. So career success isn’t a monopoly for those 10 rank holders. Sure, it makes life easier to get that first job, but after that it’s all a level playing field. That’s where your passion, work ethic, knowledge and networking skills come into play. The simple fact is that the harder you work the luckier you get.

    So just because you didn’t get the grades doesn’t mean that your career is over, because 6 months down the line nobody cares about your grades. What they do care about is your work ethic and dedication, and once you have that there’s nothing that’s going to stop you from achieving your goals.

     

  • Pooja Terwad, Founder, Nivaran Online on LL.M from Jindal Global Law School and practicing law

    Pooja Terwad, Founder, Nivaran Online on LL.M from Jindal Global Law School and practicing law

    Pooja Terwad graduated in B.L.S.LL.B from Mumbai University in 2012. Thereafter, she went for LL.M from Jindal Global Law School. She got an excellent opportunity to visit Maurer School of Law and work there as a Research Associate for a semester as a part of a fully paid scholarship programme from JGLS.

    She is a legal practitioner with expertise in Consumer Law, recently she founded Nivaran Online, a platform which proposes to end all consumer disputes. Let’s talk with her today on National Consumers Rights Day find what drives her to such social initiatives.

     

    Tell us a bit about yourself.

    I am a Mumbai girl, from an exceptionally well-educated family. Law is something I did not choose, but it happened by chance. It was only after working for a few years that I realised Law is my true calling. I have been associated with NGOs like Cheshire Home, Indian Development Foundation, and others since I joined Law. Working with the under-privileged made me stronger and determined as an Individual. The consistency I have seen amongst differently abled population has given me the courage to walk a little far and choose a way that is less travelled.

     

    How do you recall your graduation and LL.B days?

    I have been an average student throughout my schooling and LL.B days. It was only the desire to achieve something above average and to do something different than most of the law graduates, which got me into Nivaran. The experience of volunteering with Asia’s largest consumer organization, Mumbai Grahak Panchayat, and exposure to intern at Consumer International, Malaysia was a boon. All this experiences further resulted in Nivaran.

     

    Tell us about your professional qualifications.

    I completed my B.L.S.LL.B from Mumbai University in 2012. After that, I went for my LL.M from O.P. Jindal Global University, New Delhi. I have been awarded a gold medal for my academic performance and another gold medal as an award for the Law Leadership programme.

    I was fortunate to have got an opportunity to go to the United States of America on full scholarship, for pursuing my semester. After, I came back I worked with the Additional Solicitor General of India, Mr. Anil Singh at Bombay High Court. I also had the opportunity to work on serious matters like Adarsh Scam, Campa Cola, etc. under his guidance.

    It was in January 2015 that I started my law firm and at the same time began volunteering for Mumbai Grahak Panchayat under the mentorship of renowned consumer activist and Lawyer, Mr. Shirish Deshpande. I am thankful to him for the opportunity to attend a 14-day internship programme at Consumers International, Kuala Lumpur, Malaysia. The guidance of Ms. Indrani Thuraisingham, Head of CI, South Asian Region, has also been very helpful to me while setting up the process at Nivaran Online.

     

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    Please tell us about how you got the USA scholarship, and what all did it cover? What did you get to do in the States?

    I should thank Jindal Global Law School for my USA scholarship. I was enrolled in the two years’ LL.M course and had a keen interest in Intellectual Property Laws. I was the topper of the first year LL.M at JGLS, and hence, our Director chose to send me to the US for a semester at Maurer School of Law, Indiana University, Indianapolis. Although not an Ivy League college, this is one of the best public universities in the States with the most renowned IPR professors teaching there.

    There I got an opportunity to study Patent Law from Prof. Mark Janis, who is an immensely learned and globally renowned IPR attorney. My scholarship covered my entire tuition fees and a Monetary Scholarship of USD 4000. Apart from that, I also received a paid Research Associate position at the University.

    Also, I always wanted to work while studying and experience the high of being financially independent. I got the chance to do so while in the States. I did end up doing small jobs in the US and also worked as a Research Associate to professors. It was quite exciting.

     

    Did you think of pursuing your profession at the United States?

    More than professional reasons, I had personal reasons to come back. I am the only child, and I was not very keen to leave my parents alone in India in their aging years. And, I am strongly of the belief that, Indians have an incredible potential to transform the country with their innovation. It’s just that we need to overlook the Dollars, and have a strong sense of belief in our potential.

     

    What inspired you to start something like NIVARAN?

    While working for Asia’s largest NGO for consumer issues, Mumbai Grahak Panchayat, and working for their Consumer Guidance cell, I realised that NGOs in India work on a micro-economic platform. They do not have the expert resource to work for a single consumer, and get the dispute resolved as a matter of responsibility. Indian consumers needed an organization, where expert legal advice could be provided by lawyers. However, the same should be given at an affordable price. I wanted to establish an institution, where every “justifiably cheated consumer” gets a resolution without going to the courts.

     

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    Why do you think Society needs a platform like NIVARAN?

    Most of the times, an Indian consumer is left with two choices. Either “GO TO THE COURT” or “GIVE UP ON HIS RIGHT”. I feel both of them are neither viable nor justified. When the loss is of Rs. 25,000 to 50,000, a consumer doesn’t want to go to the court, as he will end up spending much more than the loss amount on lawyers and the judicial system. And ultimately, he gives up on his rights silently. I wish to change this scenario. Every consumer should get a resolution under every circumstance.

     

    What is your role in Nivaran Online?

    I am a founder at Nivaran Online, and I look into the Operation and Legal Area.

     

    What is Nivaran’s operational model? Where do you see Nivaran in five years down the line?

    With the kind of pendency and delay in Consumer courts, I wish to make Nivaran Online, a centralised platform for resolution of disputes, where brands, as well as consumers, operate on amicable grounds. We have associated with several Consumer NGOs in India, especially the ones founded by people who believe in swift resolution and are open to trying something new, rather than going the monotonous way. They divert consumer complaints from their areas, and we in return, help them with Honorary Funds so that they can further consumer welfare. I wish to tie-up with Organizations, Governmental and Non-Governmental, and ultimately provide the best aid to consumers.

     

    How difficult has it been as a litigator, have you ever faced any gender bias in the legal profession?

    Fortunately, I have never suffered any such bias till date. I have been lucky to have met people who judged me by my credentials, rather than my gender. I believe women have proved themselves beyond all doubts. It is true that we do not have many women entrepreneurs in the start-up world. But, male-dominated professions have never discouraged a woman from establishing her identity. So I am highly optimistic, that my gender will never be a hurdle in moving ahead.

     

    Don’t you think starting up with Nivaran can affect your mainstream profession?

    I have been in litigation for quite some time. I have my full-service law firm, in the name of Pooja Terwad & Associates. We were fortunate to have established ourselves pretty well without any previous legal background. However, I was always dissatisfied when I appeared in Consumer Courts.

    Even in my individual capacity, I ensured that before we go to the court, we try to settle the matter. I also encouraged consumers to argue on their own, if they could not afford lawyers’ fees. But, the highly technical procedures were often discouraging. So, I thought of moving apart from the monotonous and commercialized structure of Courts, help consumers resolve their disputes and charge them nominal fees, which did not exceed 10 percent of the loss value at any cost. So, I chose to do what courts do, however, without going to the court.

     

    What would be your message to our readers?

    I feel Indian lawyers are bogged down by competition, all they care is about “packages”. Very few of them wish to experiment, innovate and come up with something exciting which will help the society as a whole.

    Our youth I notice is pressurized to such an extent, with stereotypical opinions that he fears to try his hand at something new, something challenging. We are scared to get out of our comfort zone; we are afraid to struggle. We are afraid of failure, not because it would affect us, but because the society might not accept us with a failure tag. I feel we have taken the Society way too seriously. It’s time we do what we feel is going to make us happy and moreover do what we are meant to do.

    I would only urge to all of my friends that we have the potential; we just need to be creative and an out-of-the-box thinker.