Can you share with us your journey and what inspired you to pursue a career in law?
I come from a family of lawyers, which cemented my interest in the legal profession. From a very young age I was sure that I wanted to pursue law as a career. The more I learned about the law, the more I realized its potential to bring about meaningful change.
Right after law school I took the conscious decision of not joining my family’s corporate firm and ventured into litigation, which I have found to be my true calling and passion.
I have been fortunate enough to have been mentored by the brightest legal minds in the fraternity who have shaped me into a confident young litigator. I look forward to reaching the pinnacle of success and mentoring the next generation of lawyers as I have been mentored by my seniors.
With 15 years of extensive experience, you’ve established a stellar reputation in the legal field. Could you tell us about the most challenging case you’ve worked on and the outcome you achieved?
I have been extremely fortunate to have worked on a wide range of matters in my career, and the experience I have gained while doing this is invaluable. While every case one argues is close to the heart, but one case that stands out is the Delhi University photocopy matter.
I was representing the photocopier in the matter against the might of international publishers. It was truly a David and Goliath story. Justice Endlaw ruled in our favour holding that the right to photocopy was ‘fair use’ under the Copyright Act. The impact that the judgment had on the students throughout the country and the education system in India has been immeasurable.
I vividly remember the day the judgment was pronounced. There were scenes of jubilation outside the court room. It was a very emotional and proud moment for me. The impact that the judgment had on the education system is immense.
You have a comprehensive understanding of various areas of law, including civil, commercial, arbitration, and white-collar crimes. How do you manage to maintain such a diverse legal practice effectively?
In today’s day and age, there is a huge focus on specialization. No doubt specialisation is extremely important, but as a general practitioner developing a diverse multi-disciplinary practice is very important in my view. In my opinion, you cannot limit yourself to one area of law, in view of the complexity of disputes these days.
As counsels were are exposed to a wide variety of matters, which hone your skills in different areas of law. One needs to constantly learn and adapt to different matters. This is very challenging, but is equally rewarding as well. I personally feel that once your fundamentals are clear, combined with knowledge of procedural aspects, you can easily adapt to any area of law, be it civil or on the criminal side.
You’ve been appointed as an arbitrator in numerous cases. What are the unique challenges and responsibilities that come with this role, and how do you ensure fair and efficient dispute resolution?
Being appointed as an arbitrator carries distinct challenges and responsibilities. One key challenge is maintaining impartiality and neutrality throughout the arbitration process. This involves avoiding any conflicts of interest and ensuring that both parties have an equal opportunity to present their case.
To ensure fair and efficient dispute resolution, I stay well-versed in the relevant laws and regulations, enabling me to interpret contracts, assess evidence, and make informed, legally sound decisions. Additionally, I actively encourage settlement discussions when appropriate.
In addition to your legal practice, you’ve also written several articles and publications. How does your commitment to sharing legal knowledge benefit the legal community as a whole?
I have a passion for writing, and I strongly feel that sharing knowledge and research through articles benefits the legal community greatly. In my view, it fosters a culture of continuous learning within the legal community. Sharing insights and expertise through articles and publications allows fellow legal professionals and clients to access valuable information, stay updated on legal developments, and explore innovative approaches to legal issues. This exchange of knowledge contributes to the growth and improvement of the legal profession as a whole.
Furthermore, it helps build trust and credibility. Clients and peers often view lawyers who actively contribute to legal literature as authorities in their field. This trust enhances one’s professional reputation and encourages clients to seek my counsel and representation, knowing that I am committed to staying at the forefront of legal knowledge.
Lastly, what advice would you like to give to fresh law graduates who are just starting their careers in the legal field?
My advice to fresh law graduates can be summed up in two key points. Firstly, never stop learning. The legal field is dynamic, so continuously update your knowledge through courses, seminars, and reading. Secondly, seek mentorship from experienced lawyers, as their guidance can significantly accelerate your growth. These principles will help you build a successful and fulfilling legal career.
Sir, can you please share the story of how you initially became interested in law and what motivated you to pursue it as a career?
Funnily I come from a family of lawyers, being a fourth generation lawyer from both sides, so the “interest” in law has always been there, however, the journey to pursue the same was not so straightforward.
As a kid I always aspired to be a lawyer, however, once I completed my schooling, I decided against it and went abroad to study Business and Public Policy Management. When I came back, I joined a budget hotel as a part of their management team. Long story short, in 2008 the global recession hit and the investors in the business being non-residents wanted to liquidate their investments. That’s when I realised that I needed to have a professional degree handy as a back-up, even if I never wished to practise. I gave the entrance exam for Campus Law Centre, thankfully got through. I chose evening classes since I was working during the days, however, since that did not take up a lot of my time I started assisting in my dad’s office. Just basic stuff like making returns for individuals which led to basic preparation for representation before the appellate authorities.
The intrigue came from the dynamic nature of tax law with changes being introduced with every finance bill and the constant tussle between the department and the taxpayer whilst interpreting the same section. By the end of my 3-year course, I knew this was my calling and decided to join the profession.
With over 10 years of experience in the field of direct tax advisory and litigation, could you highlight a specific case or project that you found particularly challenging and how you successfully navigated it?
One case which comes to mind is the Honda Trading Corporation case, where I had the privilege to assist in, which was argued over a span of a few days before the Delhi Tribunal and actually led to an amendment being brought into the statute book. As a lawyer, the satisfaction one gets in such matters and the acknowledgement of the same whereby the legislature brings in amendments to overcome the judgement is something which cannot be expressed in words.
Tax law is known for its complexity. Could you explain your approach to helping high-net individuals and corporate entities in optimizing tax efficiency and managing compliance issues effectively?
Firstly, this notion of tax law being more complex than other laws is flawed. If one is honest and diligent in their subject, the complexity is of no consequence. If your basics/fundamentals are strong, nothing can stop you. This is evidenced by the fact that the greatest tax lawyers of the country do not necessarily have a tax background like the great Nani Palkhivala. Whilst I do agree that the dynamic nature of tax makes it challenging, that is precisely what also makes it interesting and exciting.
Coming back to your query, the Indian Tax Department is known to be one of the most aggressive departments world-wide, therefore, tax compliance ought to be a key consideration for any businesses. Till what is being done is within the four corners of the law, even if the position being taken is aggressive, should not deter the clients. That being said, one must be mindful of not being unrealistic under the garb of being aggressive. Hence, being primarily from a litigation background, the endeavour is to advice clients whilst keeping in mind the litigation exposures that I foresee and mitigation of the same.
You’ve represented clients before various judicial forums, including the Supreme Court of India. Can you share some insights into your strategies for building a successful track record in representing clients in high-stakes tax litigation cases?
The strategy is very basic and simple. Read – Re-read the files and Repeat!!
Be thorough on facts and the relevant legal provisions. Something which I have learnt from my mentor, Mr. Chopra over the years is that till date whenever we discuss any case, his first go is to read the relevant sections even if he has read them a thousand times. Trust me something as basic as reading the relevant provisions can sometimes lead to interpretations which you could not fathom earlier.
Secondly, ensure that all the relevant facts/documents are on record. Last but not least, court craft is extremely important in any litigation. Understanding which battle to pick and when to relent is extremely important. Harping on a point which apparently is not working, learn to let go and move on to the next one.
Your expertise spans various tax matters, including income tax, corporate tax, international tax, and transfer pricing. How do you keep up-to-date with the constantly evolving tax laws and regulations in these diverse areas?
First and foremost, read the bible (the Income Tax Act) again and again. I can’t emphasise that enough. Keeping a tab on the ever-changing landscape of tax laws is extremely hard, but I am lucky to be in a team in which our mentor ensures that we earmark time every week to discuss important judgements/circulars etc. which really helps. Plus, over time I have realised that such discussions with every member contributing with their point of view helps expand one’s opinions and understanding.
As Counsel, you’ve worked with both domestic and international clients. Can you discuss the unique challenges and opportunities you’ve encountered when advising international clients on Indian tax matters?
The client comes to you for the value-add you provide. The nationality of the client is of no consequence. The only difference, if any, which I have noticed is that in the cases of international clients, since they are not acquainted with the nature of litigation in India or Indian laws, it is important to be very transparent and clear in all communications and explain the strategy along with its rationale.
Finally, considering your successful career and diverse experiences, what advice would you like to offer to fresh law graduates who are just starting their journey in the field of law and tax advisory?
To be honest and speaking from experience, I would urge all fresh graduates to begin their career with smaller/boutique firms. The kind of learning and experience you will get there is unparalleled. Get the fundamentals clear and understand how things really work at the grass root level. This is something you will never learn in bigger firms. No matter how attractive big tier 1 firms sound, it is not recommended to begin your career there.
If your fundamentals are in place, everything will follow and fall into place. It is important to have a good mentor, as it plays an important role in your initial years. Honestly, I feel I have been extremely lucky in that department. I started my career with a boutique tax firm where my senior was known to begin his day at 4 AM. He always told me that by the time the world wakes up, half of his work was complete. So that’s one thing I held on to and till this day, I begin my day very early. Secondly, my mentor Mr. Deepak Chopra has always imbibed in us that you don’t leave your clients in the office. It is important to keep at it till you find the solution or to simply put, the value-add the client came to you for.
To sum up, if you are honest to yourself and your work, the world is your oyster.
Ma’am, please introduce yourself to our listeners and provide an overview of your current role as an Advocate-on-Record at the Supreme Court of India?
Hi! I’m a mom, wife, daughter, sister and also a lawyer and a lifelong learner. I’m deeply privileged to practice as an Advocate-on-Record before the Supreme Court. AORs as original envisioned have a deep role in efficient functioning of the apex court. An AOR is personally responsible to the court; there’s reason why close proximity to Supreme Court complex is provided in SC Rules. The idea is an AOR must be available to assist the court. Since the inception we have around 3000 lawyers who became AOR. The year I cleared my AOR Exams, some 20-25 people made the cut. Earlier only 3 or 4 people could clear AOR Examination. I’m particularly not happy that since past few years over 250 people are made AORs. It is good that so many people are able to clear the examinations but then it also speaks volume about the quality of assessment and nature of question paper set. It is actually disheartening to see that some of the speakers who conduct the lecture series on behalf of SCBA/SCAORA actually give out complete paper. This to me lowers the sanctity of examinations.
Coming back to my own journey, I come from a family of lawyers and some of them were elevated as judges as well. I did my LLB from LA Shah Law College, Ahmedabad. Right from my student days I worked under my senior Sh SN Shelat, Sr Adv and former AG of Gujarat. In my entire professional life, I have just one enduring motive that whatever I do or not do should bring glory to my senior- Sh SN Shelat and my father Justice NN Mathur; I pray that even accidently I should not do something that blemishes their fair name.
Post marriage I moved to Delhi. My husband is a fellow AOR and represent few States before the Hon’ble High Court. He has also penned a book on GST, one of the earliest. I’m particularly proud of that. His book explains conceptual GST soundly. He is a man of few words but probably the sharpest person I have come across.
You have an impressive academic journey with degrees in law, business laws, and even a Ph.D. in Legal Aspects of Pharmaceutical Patents. How did you find your way into the field of law and what motivated you to pursue such a diverse range of qualifications?
I think the answer to this lies in my gender and role attributed by the society. As long as I can remember, I always wanted to be a lawyer. Constitution of India is my only sacred book. My mother retired as a Professor from Jai Narain Vyas University, Jodhpur. So, I believe I have received some academically genes from her. As for my PhD and even AOR examinations I cleared while being a young mother. I absolutely believe in spending quality as well as quantity time with family. For me spending time with my son, reading to him was very important. I have read him many books multiple times. So, yes, at one point of time in my life reading to him and searching for books for him was my number one priority. I’m glad that our initial efforts turned him into a lifelong reader. He was judging MUNs at St Stephen’s and Hindu while he himself was a school kid. He did us proud by securing place to read Undergraduate law at Trinity College, University of Cambridge and topping the University in the 1st year. As for my own academic journey, I could devote time because I was master of my own time. I was privileged that as I was working with my husband I could decide on my own working hours and even choosing what I will work on what I will not. Saying all that, I do miss the fact that I could have advanced my litigation professional profile at better speed but it was the choice I made, so that it is.
With over 20 years of experience as a practicing lawyer before the Hon’ble Supreme Court, you’ve handled a wide range of legal matters. Could you share some highlights or cases that have been particularly memorable or impactful in your career?
Some of the memorable cases I can rattle is- my 1st appearance before the Supreme Court. It was a bail matter. My SLP was dismissed but not before the judge (Justice Rajender Babu) narrated the story of Bruce, the spider- try try again until you succeed.
I remember arguing murder reference of Purshottam Dashrath Borate before the three judges bench headed by the Chief Justice. One case which I particularly remember was fighting for an old father against her daughter. I could secure win for the father. It was emotionally charged matter. We have been doing medical entrance examination matters fairly regularly. We have seen pre and post NEET era. We have got relief in many of these matters. However, seeing these matters closely, I really question our medical education. Just like AOR exams the bar is getting lower and lower. I do educational matters also. I’m counsel for some of universities as well. I’m happy that relying upon an earlier judgement (where I was part) in a subsequent Writ under Article 32 could change the way seats are allocated in PG AIIMS.
You’ve also been involved in advisory work for various corporates and organizations. Could you elaborate on your role in providing legal counsel to corporate clients and startups?
I’m fortunate to get the diverse work. I believe, startups need hand holding. Legal issues are complex and to navigate this maze they need some guidance. Sometimes only discussing the point help them see the point with greater clarity. I do help them on transaction side as well as in drafting and vetting agreements, and even in arraying partners for them.
Your list of appearances before different high courts and your engagements as a speaker on various legal topics are extensive. Could you tell us about your motivations behind sharing your expertise through speaking engagements and publications?
I have started taking out station matters. I derive great satisfaction by arguing before various High Court. Recently, we could persuade a High Court to quash demand notice worth Rs 12 Crores, in another High Court could persuade the court that the fault was not of the tax official but the assessee and could get notice issued against his discharged. Likewise in Delhi High Court could persuade the court for relief in arbitration matter.
As for speaking engagement, I enjoy interacting with young law students and absorb their worldview.
You’ve also been involved in e-learning content development and have written books on legal topics. Could you elaborate on your experience in creating educational content and how it helps in disseminating legal knowledge?
Legal education is something close to my heart. With technological advancement, the access to justice and quality education is more probable now then ever. As a continuous lifelong learner, this is my way of giving back to society.
Lastly, what advice would you give to fresh law graduates who are just entering the legal profession? Are there any key lessons you’ve learned that you believe would be beneficial for them to know?
Like each successive generation, this generation is far smarter than the previous one. It has more resources at its disposal. However, there is no substitute for in-depth understanding, reading and introspection. You must have sometime to reflect, assimilate knowledge. We are not machines who keep on downloading information, idea is to read and reflect. In my opinion, running around for internships is meaningless. First, have conceptual clarity, read case laws, read provisions. Now, with live streaming you can witness finest oral advocacy.
Sir, please tell us about your journey and how you ended up pursuing a career in law? What inspired you to choose this path?
I was working after I completed my graduation in Economics and I felt the need to study further. At that point, an MBA seemed like it would require many more years of work experience, so I decided to look into becoming a lawyer. The idea of law school aligned with my idea of writing, researching and discussing laws and policies – all of which were activities I enjoyed.
With your combined academic and working experience in legal counseling within various business environments, what have been the most valuable lessons you’ve learned along the way?
I think I have learned what kind of mentor to be and what not to be. I have had bad bosses, and some very good ones. Therefore, I know what not to do. On the technical front, I have learned how to redline and draft agreements which is a skill we have to keep getting better at as we progress in our career.
In your previous roles, you have been involved in regulatory compliance, risk anticipation and management, as well as contract review. Could you share some examples of challenges you faced in these areas and how you successfully navigated them?
Initially I found some of these agreements daunting and confusing to say the least. But with the right levels of practice, and some help from other colleagues and mentors, the process of reading an Agreement became more easier for me. I recommend having a checklist or some flow of standard steps so you don’t end up missing out on the fine print!
You have been responsible for overseeing vendor management for new contracts, contractual work, litigation, and licensing. Could you discuss a project or initiative where you implemented a vendor management process that had a significant impact on the organization?
In my previous role, I built out a vendor management policy that was adopted by the organization. This was an opportunity for me to understand the pain points of different stakeholders and work with them in creating a policy that reflected their concerns. Eventually this was created into an updated version as well and impacted the business in a big way.
Throughout your career, you have demonstrated strong analytical and critical thinking skills. Can you share an example of a complex legal problem you encountered and how you approached its resolution?
I remember negotiating in a conference room over a force majeure clause and whether the pandemic was still foreseeable or unforeseen. I just tried to understand the other party’s perspective and my approach was to come to a gradual resolution with a more give and take mentality as we went along with the contract negotiation.
Communication is a vital skill for any legal professional. How have you utilized your oral and written communication skills to effectively collaborate with colleagues, clients, and stakeholders?
This is something we have to keep working on. Whether it is emails, or even speaking to clients and stakeholders on the phone – we are always communicating. I try to keep my emails short and my tone to be friendly or business casual for the most part. I typically find that if you are not able to deliver, sending a holding email can be an effective way to buy some time and not disappoint.
Lastly, based on your extensive experience, what advice would you give to fresh graduates who are just starting their careers in the legal field? What key skills or mindset should they focus on developing to succeed in this profession?
Be ruthless. Take feedback seriously, but never to heart. Also it only reflects how you were at that particular point in time and never a reflection on your future opportunities or ability. Everything can be taught and learned – no body is born with the ability to decode legislation or draft agreements. Similar to driving, we all are learners and keep practicing our craft to be so in the “practice” of law.
Ma’am, please tell us about your journey and how you ended up pursuing a career in law? What motivated you to choose this profession?
I come from a non-lawyer background. After finishing school, I was almost about to join Delhi University for a degree in economics when my mother suggested me to attempt giving entrance for law. I went ahead, gave a few entrance exams (no CLAT back then), got admission in a couple of law schools and joined Amity Law School (GGSIP University) as it was in my hometown Delhi. It took a few semesters to know ‘law’ as a subject and then internships to know how it is practiced. Back in law school my subjects of interest were company law and IP, and when I started writing blogs while in law school, I started enjoying these subjects so much so I pursued corporate laws since then, with an inclination towards commercial contracts.
Your field of practice includes general corporate, M&A, and corporate advisory. Can you explain your role and core practice areas in more detail? What kind of work do you typically handle within these areas?
General corporate as a practice area is vast. My core practice areas are handling acquisition transactions, domestic as well as cross border, both from sell side and buy side – this would include conducting due diligence (on the target or a vendor diligence), handling transaction documentation; handling disinvestment transactions; advisory and structuring foreign investments; advisory on a wide range of corporate and commercial law matters for listed and private companies, including company law and SEBI regulations with core focus on regulations on listing, insider trading, and takeovers.
Transaction structuring and drafting transaction documentation seem to be a significant part of your expertise. Could you elaborate on the types of agreements and documents you typically deal with?
Each transaction involves detailed structuring, which depends on a lot of factors such as the objective of the transaction, funding methodology, residency status of parties, legal restrictions including permits from regulatory authorities, tax implications etc. Once the transaction framework is finalised, parties proceed to execute the transaction documents (commonly referred as definitive agreements). It is preferable to first negotiate and execute a term sheet wherein the parties agree broadly on the terms and conditions, and follow up the same with detailed definitive agreements. The type of definitive agreements to be executed depends on the transaction – whether a share transfer, share subscription, asset transfer, business transfer, merger, demerger etc. I primarily handle transaction documentation for acquisitions and restructuring, for listed and private companies, and have also handled prominent disinvestment deals involving public sector companies. Transaction documents I usually draft include share purchase agreements, share subscription agreements, asset purchase agreements, business transfer agreements, joint venture agreements, business cooperation agreements, framework agreements etc., along with several ancillary documentation. The drafting style varies based on who you are representing, the objective, facts and circumstances of the matter, and seek protective provisions accordingly.
Due diligence is an essential task when evaluating a transaction. Which sectors have you conducted due diligence reviews for, and what are the key aspects you look for during the process?
Yes, due diligence is an essential part of an M&A transaction and is highly recommended. It is only when a due diligence review is conducted, that an investor gets to know the target closely and can help negotiate the deal and include protective measures in the transaction documents. I have conducted diligence review on several companies engaged in sectors such as manufacturing, power, healthcare, FMCG; services; hospitality; IT etc. A legal diligence report is an encyclopaedia on the target’s legal compliance status, and typically involves a review of the target’s corporate compliance, contracts, licenses, employees, properties, intellectual property, litigations etc. Transaction document negotiations depend a lot on the outcome of the diligence. In a diligence, one highlights to the client any risks they may face if they into the transaction. It is very important to highlight solutions/ mitigation for each risk highlighted in the report without which the report is certainly incomplete. It is also necessary to ensure that diligence is completed in a time bound manner so that the definitive agreements are negotiated and executed taking into account any risks.
What advice would you give to fresh law graduates who are just starting their careers? What are some key qualities or skills they should focus on developing?
Fresh law graduates must remember that first and foremost it is important to be and remain focused. Spend the initial years of your career in developing a deep understanding of your practice area and the laws relating to it. I know that in the initial few years, there are many lawyers who get confused on which practice area to choose. Now here comes the role of your seniors and also your patience. Be willing to explore, but be patient to learn and put in 100% effort. If you still think you need a change, do that, provided you again put in 100% effort. In law, never comes a day, when you can say ‘I know it all’ – and so is probably in every field, so keep learning everyday and keep updating yourselves. What is also important is to never get disappointed. It is a long journey and there is space for all. Some key qualities or skills if you ask me are: discipline, willingness to learn, updating yourself every day, hard work (also smartwork), being a team player, and time management. To all the fresh law graduates – keep up the enthusiasm and yes, you have chosen a great profession and you are going to get into a great professional journey.
Ma’am, can you tell us about your journey and how you ended up pursuing a career in law, particularly in the corporate and commercial sector?
I was born and raised in Pune for the most part. Law just happened – I guess I owe it to the great institution in Pune – ILS Law College. I pursued CS and piano from Trinity College, London through school and college.
Through college years, I kept hearing that the legal profession is not for Pune, unless you know the local language well and want to pursue real estate law. I had an interest in business laws and had my eyes set on corporate. Bajaj Allianz was my first corporate job and after that, I moved to Suzlon Energy Limited at their corporate headquarters in Pune.
In the formative years of my career, I focussed on contracts, business risks and mitigation, and learnt that the key to understanding and working on a transaction is to “join the dots” factually and legally. Being in an in-house role, one can contribute effectively as a lawyer, once you understand the business. I worked extensively with cross functional teams and gained experience across the entire wind and solar industry value chain – right from IPR to supply chain management to project sales and execution, operations and maintenance. I also had the opportunity to work on some great corporate and cross border transactions and worked with some great professionals across the renewable industry as well as law firms.
With over 16 years of experience in law firms and in-house roles, what have been the highlights of your career so far? Could you share some key assignments or projects that you have worked on?
Well, there are many such assignments, but to name a few that come to my mind right now – once I was negotiating a supply contract with a supplier in Germany. Their lawyer refused to reason on any point, since he came with a “legal rule book”. There was no ability to negotiate with the lawyer at all, and the next round of negotiations happened with their business team – and we had very constructive discussions thereafter. This is why I always feel that we can’t just be lawyers without a business understanding, as it’s not efficient at all. I also enjoyed discussing litigation strategy with international counsels and negotiating settlements for the company. One of my most exciting negotiations was with a Spanish entity who didn’t understand a word of English. I was representing an entity that couldn’t fulfil their contractual obligations due to business constraints. We used a translator and hours of discussions later we settled a 12 Million Euro claim for a small percentage of it! I also enjoy working on renewable energy project contracts, as one has to factor in various dynamics of these vast projects, bearing in mind their long term impacts.
You have cross-border exposure in various regions such as Europe, USA, UK, Brazil, Middle East, South Africa, Australia, Israel, and Southeast Asia. How has this global exposure influenced your approach to practicing law, and what challenges and opportunities have you encountered while working across different jurisdictions?
Suzlon gave me a great global exposure, especially in dispute resolution and contract negotiations. It is important to understand the business dynamics, as it helps in negotiating contracts effectively as well as supporting litigations wearing the business-legal hat. This also helped me to achieve many settlements of cross border disputes amicably.
2 years into my professional career, I began travelling abroad and worked across Germany, Netherlands, Spain, UK, USA, Dubai and Singapore to negotiate transactions and support litigation, working with law firms across these regions. As a young lawyer this certainly does give you a high! Working with in-house counsels and law firms across the world also helped me improve my standards and quality of drafting and understanding of various cross border laws and their implications in the Indian context. I also really enjoyed traveling so there was overall learning and professional development on many fronts.
What made you move from an in-house counsel to a law firm in Pune?
Having worked for over 10 years as an in-house counsel, we would keep approaching laws firms outside of Pune for legal support. There seemed to be a void for good corporate law firms in Pune. Back in 2017, Pune corporates were expanding, the IT business was thriving, manufacturing set up was expanding in and around Pune, many foreign companies were setting up shop in Pune and the foreign investments were certainly boosting Pune’s economy. This is what made me explore opportunities to set up a law firm practice in Pune, and I soon joined Solomon & Co., to set up their Pune practice.
What according to you is the difference between an in-house legal role and law firm experience?
Work wise, we had quite an extensive and in-depth approach to transactions even as an in-house counsel, so transitioning to a law firm wasn’t tough in that sense. What was challenging was developing the practice, in a city like Pune where people were either accustomed to not working with lawyers at all (unless there was a dispute) to only working with Tier A firms for corporate transactions.
Persistence paid and our first retainer mandate was a huge celebration indeed. The second biggest success was when we achieved our targets in Pune the first time.! It was indeed recognition for our hard work, perseverance and the trust our valued clients had instilled in us. It has been over 5 years since we set up the Pune office, and I can say that I have been able to successfully develop a strong corporate and commercial practice in Pune, focusing on corporate advisory, M&A, private equity, joint ventures, collaborations, inbound and outbound investments and commercial contracts. Additionally, as a renewable energy lawyer, I have been supporting several renewable energy companies for Project contracts, procurement and consultancy agreements and technology collaborations for wind and solar energy. So, while we don’t focus on any particular industry as such, being in Pune I have been able to develop a strong practice in the renewable energy and automotive sector, and have been working closely with several renowned corporates in Pune.
As a result-driven individual with strong interpersonal skills, communication abilities, and positive work ethics, how do these qualities contribute to your success as a lawyer? How do you leverage these skills to build relationships with clients and achieve their objectives effectively?
I would say that these qualities are very important to be a sound professional. While building the practice in Pune, as much as I was representing the brand of the law firm, I was also representing myself as a brand. This meant that only did I have to go all out to pitch for work, but follow it up by delivering a good work product. I have been consistently supported by a great team of talented lawyers here in Pune, and have tried to imbibe similar qualities in each of them. After all, if the quality of your work is good, you build credibility with your clients, and build your practice at a consistent pace. I guess this has been the driving force behind our growth story!
Lastly, based on your experience and insights gained throughout your career, what advice would you give to fresh graduates or aspiring lawyers who are just starting their journey in the legal field, especially in the corporate and commercial sector?
I feel that young professionals nowadays are very creative and confident, but along with that, I would say the ability to focus and be diligent with each assignment – however small or big it may be, is extremely important. Additionally, for lawyers, the way to provide sound legal advice to my mind is – reading every contract, case or transaction document in detail along with the law and business requirements.
My dad is a retired army officer and he taught me the “never say never attitude”. I learnt from him that hard work and maintaining relationships and goodwill is the key to success! And my mum taught me the important quality of “humility”. These value systems have guided me throughout my career, to tell a tale of perseverance, patience and hard work. My professional stints have been long term and stable, as success to me is beyond the numbers.
To the young ones, I’d finally say that the number game is definitely tempting, but it all falls in place at the right time if you have a diligent and persevering outlook. Like they say, “great things come from hard work and perseverance”. There are no shortcuts to success!
Ma’am to start this conversation , could you please tell us about how you ended up pursuing law and becoming a senior advocate in the Supreme Court of India? What inspired you to choose this path ?
Well to begin with, during my school days, my academic strength in subjects related to social science, played a significant role in my fondness towards law. To add to this , later on in my career , my interest in law was sparked again while I was preparing for the Civil Services Exam right after my graduation. I believe my familiarity with these subjects provided me with a strong foundation. During my preparation for the Civil Services Exam , I encountered various legal issues, and this too fascinated me with the intricate legal system of India and the role it played/has been playing in shaping the country’s political and social landscape.
I got lucky with the internships and opportunities that I was able to find, these not only helped me develop my knowledge but also helped me with my analytical and argumentative skills.
Thereafter I worked hard to establish myself as a competent and dedicated lawyer, and eventually my efforts paid off when I was introduced to the Supreme Court of India.
I also believe that having a role model is essential for success in any profession, and I look up to many stalwarts of the legal fraternity as my own role models. Individuals like Honourable CJI DY Chandrachud Sir , Former ASG Aman Lekhi Sir , my mentor, my guru, Sr Adv Harish Salve Sir, and Sr Adv Kapil Sibal Sir have made significant contributions to the legal profession, and I admire their expertise and insights.
These things have sort of persuaded me to pursue a fascinating career in law and I am really looking forward to being one of the facets of the custodian of Law.
You have worked on several high-profile cases at the Supreme Court of India , Can you share with us one case that you found particularly challenging or interesting , Why?
Out of all the matters that I was/am a part of , I believe the matter quoted as Lysosomal Storage Disorders Vs State of Karnataka Union of India stood apart and holds a special mention here , It was challenging as well as interesting for me to deep into the intricacies of the case. Also because it dealt with one of the rarest diseases that one can get , especially In a Country like India where even basic health facilities/amenities are difficult to find under right to life , at the same time there’s so much of chaos between govt and society where horizon of right to life is overlooked; The treatment of such disease require huge amount ; The Govt at one end in its response can’t aid every single case (LSD case) regularly; On the other hand – Concept of Distributive Justice git highlighted in the above case.
Your work involves coordinating with various law enforcement agencies and government ministries. How do you ensure that you remain impartial and unbiased in your work despite working closely with these organizations?
In the context of an advocate , Impartiality stresses on the absence of favor or prejudice , at the same time unbiased favor implies even more strongly on the absence of all kinds of prejudice. It is essential for advocates to prioritize the principles of justice and fairness to uphold the integrity of the legal profession.
Well I take a lot from “The Nolan committee” that promotes Seven Principles of Public Life that serve as Guide for civil servants of Public life- Selflessness , Objectivity , Integrity , Honesty , Leadership , Openness , Accountability.
If you inculcate all these things , you will tend to serve the purpose .
In your opinion, what are some of the biggest challenges facing the legal profession in India today, and how do you see them being addressed in the future?
Well there are many to list but few of the significant challenges that the legal system face:
a)Competency of Law graduates/ Lawyers -The quality of legal education in India is another challenge. It is crucial to focus on enhancing the curriculum, promoting experiential learning, and ensuring that law schools produce competent and skilled professionals.
b)Access to Justice for underprivileged- Access to justice remains a challenge, particularly for marginalized and underprivileged communities
c)No of cases pending (backlog cases)
d)Technological Advancements ( Courtesy COVID we have been able to add to this )
e) Legal Reforms
f) Ethics and Professionalism
Majority of these challenges can be addressed or rather are being addressed by taking adequate steps for example Intro of e-filing , e-courts , case management systems , spreading awareness among underprivileged , a lot of initiatives are also being taken by the Ministry of Law and Justice. Out of all these challenges , I strongly believe that upholding high ethical standards and professionalism is extremely vital while exercising our duties ; We as stakeholders need to set value enriched path or legacy rather for all our subordinates ; Addressing these challenges requires a collaborative effort from various stakeholders, including legal professionals, policymakers, educational institutions, and the judiciary.
Lastly, what advice would you give to aspiring lawyers who want to make a difference in society and pursue a career in public interest law?
Well to all those young and aspiring lawyers especially who don’t come from the legal background , I would advise them to take keen interest in the legal happenings and the working system of the courts from their initial college days , even if they don’t want to get into litigation.
To all those who see themselves in Litigation :
Read as many case- laws as possible, target your years right after your college , look for opportunities available at the offices of Senior Advocates. This is a profession that requires a mentor / guru in order to help you get exposure.
I would recommend them to start taking pro- bono matters , this will not only help to boost your confidence but will also help in understanding the nitty gritties of the legal profession.
Legal Profession is just like any fine bottle of old wine , the more years of experience you get, the better you will become.
Ma’am, can you please tell us about your educational background and how you ended up pursuing law at Columbia Law School?
I moved to Mumbai in 2008 to pursue my bachelors in law degree from Government Law College (GLC). After graduating from GLC Mumbai I started my career in the real estate team of the law firm Wadia Gandhy & Co. post which I joined the real estate team at JSA during the course of which I also got the opportunity to work on a few corporate deals. It is during this transition that I realised that I truly enjoy corporate law. To further hone my skills in corporate law, I decided to pursue my masters at Columbia Law School, New York where my course work was focused on corporate law.
You co-founded a boutique law firm in Shanghai tailored to serve Indian multinational companies. What motivated you to establish this firm, and what challenges did you face in the process?
When I moved to China, I got the opportunity to engage in a lot of business development activities. It is at this stage that I realised that along with being a lawyer I thoroughly enjoyed being an entrepreneur as well which made me want to explore the business side of the legal industry more. This is what motivated me to establish a firm along with my partners from Central Asia and China.
The legal industry is extremely competitive as there are so many players in the market. Considering my firm is relatively new in the market, we always have to go the extra mile to gain the trust of our clients to get more engagements from them. This continues to be a challenge but at the same time motivates my whole team to deliver better results.
During the course of your career, you have had the opportunity to represent large private equity funds, corporations, and banks in domestic and cross-border transactions across China, India and USA. Could you share some of the most memorable or impactful transactions you’ve worked on and the lessons you’ve learned from them?
While I was working at Trilegal, we represented the Edelweiss Group on an investment of USD 75 Million from Kora Management. This transaction till date has been the most challenging yet impactful transaction for me so far as this investment was spread across multiple business lines under the Edelweiss Group and some being in the financial sector was heavily regulated. The timeline for this deal was also very short which added to the complexity. Despite these challenges, I learnt how to manage strict deadlines and drafted complex deal documents which helped me grow as a corporate lawyer.
As for China, my whole experience has been a huge learning curve. Not only does language add a challenge but also having to learn the nuisances of practicing law in a civil law country has been extremely challenging yet exciting at the same time.
You have been recognized as one of the “Top 10 Women Leaders from China” by Women Entrepreneur Magazine in India. Can you tell us about your experience as a female leader in the legal field and any challenges you have faced?
Being in an industry which is primarily male dominated is challenging as there are some unconscious bias which exist. However, I think I have been fortunate to have worked with the right people and right team who have always seen the value I can bring to the table despite being of the opposite gender. That being said in a few instances where I have felt that bias, I have not shied away from being outspoken and standing up for what I am deserving of.
Lastly, based on your experiences and success in the legal field, what advice would you give to fresh graduates who are considering a career in law?
The legal field is going to be challenging in the start no matter what one may choose to be their practice area. It is however through consistency and hard work that you can excel in the field of law. Like they say “there are no short cuts to success” and in my experience this is particularly true if one is considering a career in law.
Please tell us about your journey and how you ended up pursuing a career in law?
I am a classic example of the profession finding a person rather than a person actively seeking it out. In 1996, I found myself enrolling at ILS Law College in Pune, not because I had a deep understanding of the legal field or a predetermined plan, but simply because my elder sister was studying law. Little did I know that this seemingly serendipitous decision would set the stage for a remarkable journey.
It was on the first day of my professional life, while working at Hindustan Lever (now Hindustan Unilever), that I experienced a moment of clarity. A senior colleague posed a legal question to me, and as I drew upon my foundational knowledge and connected the dots to provide a meaningful answer, I felt a surge of excitement. It was in that moment that I discovered the exhilaration of applying legal theory to real-world situations.
Since that interesting moment, my journey as a lawyer has been a whirlwind of excitement and fulfilment. Each day presents new challenges, intriguing legal matters, and the opportunity to make a positive impact on the lives of others. Guiding individuals through complex legal cases and providing advisory services has allowed me to contribute to their well-being and shape their future.
Not only that, but I’ve also had the opportunity to shape corporate decision-making, influence individual choices, and even participate in national-level policymaking. Being able to play a role in these important spheres has been truly rewarding.
Reflecting on my journey, I carry a unique perspective as someone who ventured into this field without familial connections or a predetermined path. This perspective, shaped by my experiences, adds a fresh and diverse outlook to my approach as a lawyer.
You have an impressive educational background, including a Bachelor of Civil Law from the University of Oxford. How did this experience shape your career and expertise in the field of law?
My experience studying at Oxford was a transformative journey that taught me important life lessons. When it comes to pursuing education at premier institutions like Oxford, discipline becomes a cornerstone. You’ll find yourself balancing coursework, social activities, extracurriculars, and taking care of your well-being all at once. It may seem overwhelming, but remember, these aspects are interconnected. Embrace the challenge and learn to manage your time effectively. Pay attention to every detail, develop a keen eye, and engage actively in class discussions. This discipline will serve you well beyond your academic pursuits.
Another crucial quality to cultivate is perseverance. The courses, especially the rigorous BCL program, demand unwavering commitment. It’s easy to feel overwhelmed but keep pushing forward. Develop a resilient attitude and maintain a strong sense of determination. Remember, progress requires persistence. The ability to persevere through difficult times will not only benefit your academic journey but also prove invaluable in your future endeavours.
Studying at esteemed institutions like Oxford goes beyond academic knowledge. It fosters adaptability, a skill that will serve you in any profession or sphere of life. You’ll gain a broader understanding of the world and its inner workings, expanding your perspectives and enhancing your problem-solving abilities.
While some may be enticed by tangible benefits such as placements at prestigious law firms, it’s essential to stay true to your aspirations. If your goal, like mine, is to litigate at a specific court, prioritize your path accordingly. Focus on developing the discipline to handle complex cases, irrespective of their scale, and pay meticulous attention to detail. This dedication will build the foundation for a successful and impactful career.
Finally, cherish the opportunities to learn from renowned experts. I was fortunate enough to study competition law under a world-renowned master. The knowledge I gained at Oxford empowered me to apply my skills to real-world cases in the field of competition law. Embrace such opportunities, as they can truly shape your professional trajectory.
Remember, the journey of studying at a premier institution like Oxford offers far more than academic excellence. It imparts essential qualities such as discipline, perseverance, adaptability, and a global perspective. Embrace these qualities, remain true to your aspirations, and seize every opportunity for growth and impact.
As an Advocate on Record at the Supreme Court of India, could you share some insights into the nature of your work and the responsibilities that come with this position?
When assuming the role of an Advocate on Record (AOR) at the Supreme Court, it is crucial to understand the immense responsibility that accompanies it. As an AOR, one must develop strong shoulders to bear this weight of responsibility. Simultaneously, this role helps in advancing one’s legal practice and opens up various opportunities for professional growth and recognition. By shouldering this weight of responsibility, AORs can expand their horizons, gain access to challenging cases, and establish themselves as reputable advocates in the legal fraternity.
One of the primary responsibilities is drafting meticulous pleadings to be filed before the Supreme Court. It is essential to ensure fairness in practice, both towards opposing AORs and counsel, as well as towards the Court and the Registry. Care must be taken not to sign any Special Leave Petition (SLP) or other proceedings in a careless manner. Thorough research of the law is necessary, along with the duty to assist the Court in shaping and developing legal principles. It is important to distil the facts from lower courts and present them clearly and concisely in the pleadings. Remember, written advocacy is just as crucial as oral arguments.
Being an AOR requires long hours of dedicated work. One must have a deep understanding of the facts and present them before the court in a concise manner. It’s important to note that courts usually rely on what is presented before them, whether it is spoken or in writing. Losing the confidence of the court is something every professional wants to avoid.
In simple terms, an AOR is the master of their clients’ cases before the Supreme Court. In situations where the engaged counsel may face difficulties, the AOR must be fully prepared to continue with the matter. Being an AOR is not solely about signing and filing the Vakalatnama, but instead taking full ownership and responsibility for the cases at hand.
With over 22 years of experience in corporate and commercial laws, energy law, infrastructure, and more, what are some of the most interesting cases or projects you have worked on throughout your career?
Over the years I’ve learned that every case is interesting and carries significant importance for the client, regardless of its size or the client’s profile. However, here are some of the many immemorable cases I fought.
Imagine being entrusted with a case early in your career where a client was accused of stealing highly confidential information from their employer. The stakes were sky-high, with damages claimed at a staggering Rs. 1,200 Crores. It was like diving into an intense legal thriller, crafting a compelling defence strategy, and manoeuvring through the twists and turns of the legal battlefield. Witnessing our strategy unfold successfully and delivering a resounding victory was an exhilarating experience.
In another captivating case, I found myself challenging the dominance of a corporate giant, Coal India. The case involved allegations of abuse of power, and the monetary implications were substantial. It was like stepping into the shoes of a legal protagonist, meticulously preparing our arguments, and presenting our case before the Competition Commission of India. I am happy to say that we secured a favourable order.
But it’s not just about the big cases with large financial stakes. Some of the most fascinating moments in my career have emerged from seemingly modest matters. I vividly recall representing a co-generation power producer, fighting to establish fair tariffs, and navigating the complex regulatory landscape. This journey opened my eyes to the intricate technicalities of the power industry and led to a landmark decision that not only shaped policy but also brought about a tangible positive change.
There have been heart-touching encounters in the courtroom where I’ve stood up for ship crews abandoned by their owners. These were stories of resilience and compassion, as we fought to secure their rights and bring them back home. The feeling of making a difference in their lives was immeasurable, and it reminded me of the power of the law to protect the vulnerable.
These anecdotes provide a glimpse into the exciting world of the legal profession, where every case is a story waiting to unfold. I believe in combining my legal expertise with a deep sense of empathy and determination to seek justice.
You have extensive experience in international Arbitrations. Can you provide some examples of the types of arbitration cases you have been involved in, particularly in the areas of EPC projects, energy projects, and shipping?
Here are some examples of the types of arbitration cases I have been involved in, particularly in the areas of EPC projects, energy projects, and shipping:
I have represented clients in an arbitration case before the Singapore International Arbitration Centre (SIAC) involving a claim related to the design of an engineering product. The dispute centred around issues of design defects, performance, and contractual obligations.
In a domestic arbitration matter, I handled a case concerning a power plant construction project. The dispute revolved around delays in the project, resulting in significant damages. My role involved analysing project management issues, contract interpretation, and assessing damages for the delayed completion.
I have been involved in several domestic commercial recovery arbitrations. These cases typically involved disputes between commercial entities seeking to recover financial losses or damages due to breaches of contract, non-payment, or other contractual disputes.
One of the cases I worked on involved the construction of a crane, where issues of alleged design flaws and delays were at the forefront. I focused on establishing liability for the delay damages and quantifying the losses suffered by the client.
In another arbitration case, I handled delays and damages in an HVAC (Heating, Ventilation, and Air Conditioning) project. This dispute required a thorough analysis of project scheduling, performance issues, and assessing damages resulting from the delays.
I also handled an arbitration case related to an EPC project involving the design and construction of a road tunnel and highway. The dispute centred around design issues and delays, and my role involved establishing liability for the delays and quantifying the resulting damages.
In the shipping industry, I represented clients in arbitration matters, including a case involving a dispute regarding the rescue of a crew at sea. This case required an understanding of maritime law, contractual obligations, and assessing damages for the rescue operation.
I have been involved in multiple tariff and regulatory issues concerning power projects, including those involving different sources and capacities. These cases have encompassed a range of issues, such as contract disputes, performance evaluation, and assessing damages in relation to power generation and distribution.
Additionally, I have handled arbitration matters involving disputes related to confidential information. These cases involved protecting sensitive information, analysing confidentiality agreements, and resolving disputes arising from the unauthorized disclosure or misuse of confidential data.
In addition to your legal practice, you have also served as a former Standing Counsel for the State of Uttar Pradesh to the Supreme Court of India and a Law Officer at Hindustan Unilever Limited. How have these roles contributed to your overall professional growth and expertise?
Throughout my professional journey, I have had the privilege of serving in two distinct roles that have significantly contributed to my overall growth and expertise. Firstly, as a Law Officer at Hindustan Unilever Limited (HUL), I had the unique opportunity to learn how to balance the legal requirements of the business with its commercial needs. In this role, I got the opportunity to be involved in conducting legal research, supporting compliance efforts, being in the field with business functions to understand how the company’s business is conducted, being involved in court cases, and assisting in contract review and drafting.
Working with the government and representing it before the Supreme Court of India was another invaluable experience. This role provided me with the platform to present the government’s perspective in court and advocate for its policies. It gave me the chance to dispel misconceptions and demonstrate that the government is not solely focused on wrongdoing but rather strives for the welfare of its citizens. In this role, I was involved in a diverse range of cases, covering a wide spectrum of legal areas. From matters related to irrigation policy, bail applications, and shareholding issues of government enterprises, to constitutional validity challenges against regulations and policies, I gained exposure to a myriad of legal scenarios.
These experiences have instilled in me an important attitude that one cannot afford to be overly technical while advising clients. As lawyers, we must always consider the practical aspects and implications of our legal counsel. Both my roles taught me the significance of understanding the business and governmental context in which legal advice is sought. By bridging the gap between theoretical legal knowledge and real-world applications, I was able to provide comprehensive and practical guidance to my clients.
These roles have allowed me to develop a well-rounded skill set, encompassing a balance between legal considerations and commercial realities, as well as a deep understanding of governmental policies and their implications. I am confident that the diverse range of cases and the holistic approach I have cultivated will continue to contribute significantly to my future endeavours in the legal profession.
Considering your diverse areas of expertise, what advice would you give to aspiring lawyers who are interested in specializing in areas such as arbitration, energy law, or competition law?
If you’re a budding lawyer with a keen interest in specializing in areas like arbitration, energy law, or competition law, here’s some valuable advice for you. Instead of locking yourself into a specific specialization early on, give yourself room to explore different areas of law. Take up diverse opportunities and get a taste of various practice areas. This will give you a broader understanding of the legal world and help you figure out what truly grabs your attention. Keeping an open mind during this exploration phase will allow you to make a well-informed decision when the time comes to choose your specialization.
While theoretical knowledge is important, lack of practical experience is the real deal-breaker. It’s not just about what you learn in textbooks or lectures; it’s about getting your hands dirty in the real world of law. Seek out internships, clerkships, or part-time positions that allow you to roll up your sleeves and immerse yourself in the practical aspects of arbitration, energy law, or competition law. By diving into real-world cases and projects, you’ll gain first-hand experience and discover whether these specialized areas truly resonate with you.
When it comes to choosing your specialization, trust your gut and follow your passion. Think about the areas of law that excite you the most. Consider the kind of impact you want to make and the issues that genuinely ignite your curiosity. Whether it’s fighting for fair resolutions through arbitration, delving into the complexities of energy law, or ensuring a level playing field in the marketplace, pick a specialization that aligns with your authentic interests and values.
Remember, every field of law has its own unique opportunities and challenges. By exploring different practice areas, gaining practical experience, and staying true to your passions, you’ll be well-prepared to make an informed decision about specializing in any field.
In your opinion, what are some of the key challenges that the legal profession faces today, and how can young lawyers navigate these challenges effectively?
One of the significant challenges that young lawyers and even experienced lawyers often face is the collection of fees for their legal services. This issue can have a profound impact on their professional and personal lives. However, they are generally discussed behind closed doors due to the attached stigma. Fee collection can be a complex and time-consuming process, leading to financial strain and affecting their mental well-being.
Many lawyers find themselves grappling with the task of chasing down payments from clients. This can involve spending valuable time and resources in follow-ups and negotiations, which can be frustrating and demanding. Furthermore, some clients may be reluctant or unable to pay, resulting in additional complications and financial instability for the lawyer.
In fact, understanding the importance of addressing this challenge, I have taken the initiative to create awareness and find solutions for effective fee collection. I have started a campaign or movement that aims to shed light on the significance of timely and transparent fee collection in the legal profession. By fostering open discussions and providing a platform for fellow professionals to share their experiences and concerns, we strive to create a supportive environment within the legal community.
Another significant challenge is the misconception that a deep understanding of the law alone is sufficient for being a successful lawyer. While legal knowledge is essential, practical advocacy skills require a blend of psychological intelligence, creativity, and real-world experience. Many young lawyers are initially shocked by the harsh practical reality, which may lead to feelings of dejection. However, it is crucial for them to embrace these challenges as opportunities for growth, understanding that trial and error is a valuable part of the learning process. Letting go of the mentality of striving for perfection or the typical topper syndrome is essential. Young lawyers should focus on continuous improvement and be willing to learn from their experiences.
With the constantly evolving legal landscape, particularly in areas such as data protection laws and competition law, how do you stay updated with the latest developments and ensure that your expertise remains relevant?
When it comes to staying updated with the constantly evolving legal landscape, in any field I believe the following helps:
Stay informed through extensive reading: Develop a habit of reading extensively, including legal journals, blogs, and other relevant resources. The more you read, the better equipped you’ll be to understand the latest developments and gain valuable insights.
Engage in discussions: Seek opportunities to engage with like-minded individuals. Participate in discussions with such people. Never shy away from clearing doubts and seeking clarification from experienced professionals in the field. Engaging in discussions and networking with like-minded individuals will further enhance your understanding and broaden your perspective.
Embrace continuous learning: Treat learning as an ongoing process. Attend conferences, seminars, and workshops to learn from industry leaders and gain insights into emerging trends, case studies, and practical applications.
Harness online resources: Take advantage of the digital world. Explore online legal databases, research portals, and reputable websites that provide real-time updates and relevant insights. These resources are easily accessible and can provide you with a wealth of information to stay current.
Finally, looking back at your successful career, what are some of the personal values or principles that have guided you along the way, and how have they influenced your approach to practicing law?
When reflecting on my fulfilling career, I attribute much of it to the personal values and principles that have guided me along the way. These principles have shaped my approach to practicing law, and I believe they can be beneficial to aspiring lawyers as well.
First and foremost, I have always embraced the power of grit and a strong work ethic. These qualities have been the driving force behind my actions, allowing me to overcome challenges and persevere in the face of adversity. As a first-generation lawyer, I learned early on the importance of hard work and determination in carving my own path.
Integrity is another principle that has been central to my practice. I firmly believe in keeping my integrity on track, as it serves as the foundation for trust and credibility. Integrity; like salt, may not always be noticed when it is present, but its absence will undoubtedly be discussed. By upholding the highest ethical standards, I have built lasting relationships with clients and colleagues based on trust and respect.
Persistence and self-belief have also played a significant role in my journey. There have been moments when the results of my efforts were not immediately evident. But by maintaining persistence and a thirst for self-improvement, we can achieve remarkable growth and reach new heights.
Believing in oneself and having confidence is key to thriving in the legal profession. While external validation may offer a temporary boost, true success comes from within. Treating each matter with due diligence, regardless of its size, and keeping the clients’ best interests in mind have been guiding principles for me. Recognizing the impact of a case on the lives of those involved allows me to approach each situation with the necessary care and dedication.
As a first-generation lawyer, I have learned to view competition as an opportunity for growth rather than a threat. I have studied the positive attributes of talented individuals in my field and used them as inspiration to enhance my skills. I firmly believe that there is always room at the top of the pyramid for those who dare to dream big. Breaking through glass ceilings and challenging perceived limitations is not only possible but necessary for personal and professional advancement.
As you embark on your own journey in the legal profession, particularly as a first-generation lawyer, my advice to you is to embrace these principles. Let grit, integrity, persistence, self-belief, and a healthy approach to competition guide your path. And remember, as a first-generation lawyer, you possess a unique perspective and strength that can drive you to excel. By incorporating these values into your practice, you will not only achieve success, but you will also make a lasting impact in the lives of your clients and contribute to the advancement of the legal field.
Sir, could you please share with us how you decided to pursue law as a career and what inspired you to take this path?
To begin my professional story, I must start in Faizabad, where I grew up. Faizabad did not have many great educational opportunities, which led me to relocate to Lucknow. As a teenager, computer science, and technology generally, engrossed me and was all set to study computer science engineering. However, towards the end of Class XII, I had begun to take great interest in work that involved a more people-centric approach and leadership positions. I became increasingly interested in works that could affect people in a very personal way. Naturally, I veered toward the law. Of course, my family was surprised by my decision and I did face resistance. Here was a bright student who could have potentially entered a great engineering college and secured his life or, at least, this is how my family saw it back then. My family did not consider law to be a profession of choice.
Was it a rebellious decision to study law? I would say, yes. You see, the law was not as popular a course as it is today. And my mini-rebellion had to be tempered by studying law at the best place one could find in India. NALSAR fulfilled this criterion and with my family’s blessings, I got into NALSAR in 2003 and really enjoyed the next 5 years. I enjoyed law and legal studies and was almost smitten by it. I am glad that I followed my heart and pursued law.
Right after my graduation, I was offered the Shell Chevening Centenary Scholarship to study for a bachelor of civil laws (BCL) at Oxford University in 2008-2009. My time in Oxford grounded me in the law – overall it was a very humbling experience. Until now, my most significant revelation has been the recognition of the vastness of the law as a discipline and the extent of my ignorance.
The seminar system employed at Oxford acquainted me with distinct fields of study and acquainted me with fundamental concepts and ideas. These subjects were subsequently explored in greater detail during tutorials. Such a process necessitated diligent reading, and assimilation of cross-jurisdictional legal thoughts.
Thereafter, I came to India and began work in the dispute resolution team at AZB & Partners (Mumbai), where I had the occasion of working with the very best litigators that a lawfirm in India had to offer.
I passed the Advocate on Record (AoR) Examination in 2017.
You have a broad range of experience in different legal domains. Can you share with us how you gained exposure to such diverse areas of law?
I have never tried to confine myself to any particular subject within the broad field of law. Obviously, there are areas within this broad field that I find more relevant or more interesting, but each area has its own charm—whether it be taxation law, dispute resolution, constitutional law, environmental law, commercial law, or criminal law, etc. The law is quite fluid. Indeed, as lawyers, we deploy disparate sources and subjects to put forth a particular interpretation of the law. It requires being insightful about a subject, but also to have a broadside view of the entire field. You should be able to see where your argument fits in the grand scheme of things – especially when law itself is fluid. In other words, one should not miss the forest for the trees.
My stint at AZB & Partners in Mumbai helped me familiarize myself with the various facets of dispute resolution and developing a solution oriented approach to working. Back in Lucknow, litigation work was varied, which involved everything from labour law to pure commercial law. While at AZB, I was still guided by seniors; but at Lucknow with a different set of clients I had greater creative freedom.
Similarly, working in the chambers of former Solicitor General of India, Mr. Gopal Subramanium, exposed me to practical work in commercial, constitutional, criminal, and arbitration matters. I think, largely because of Mr Subramanium himself appeared in all kinds of matters, I began to assist him in variety of matters and eventually developed a practice that is diverse.
Could you talk to us about a case that you handled that was particularly challenging and how you managed to navigate through it successfully?
Most cases in the Supreme Court come with their own set of challenges. One case that I particularly remember was the case concerning a town planning scheme in Raipur. It was one of my earliest cases before the Supreme Court. After the first hearing, Mr. Subramanium who along with Mr Huzefa Ahmadi was leading us, advised us to get a complete record of the case running into several hundred pages and to make sure to have examined every page for legal points. We managed to navigate through the case because we were very thorough with facts; and consequently managed to get the Supreme Court to decide the law also in our favour. It’s a different matter that the Government brought an ordinance to dilute the impact of the judgment.
As young lawyers, and perhaps even otherwise, we cannot neglect the facts and going through every page in the file is a necessity.
As someone who has represented clients before both the Supreme Court of India and other courts, what are some of the differences in the approach that you take when representing clients in different courts?
There is a marked difference in approach. This is primarily down to the nature of the jurisdiction of each court. Every step in a case is crucial and the approach differs in terms of the nature of arguments presented. First, the Supreme Court is the highest court in the land, and it is the final court of appeal. This necessitates a different approach than what you would normally take before a high court or a tribunal. This different approach entails finding out the error committed by the court below and identifying which point to place first. The window of presenting your argument is very short; and any delay or error in identifying the correct points worthy of Supreme Court’s interference is fatal. Even when questions of law are wrongly decided by the High Court, the Supreme Court may not want to interfere given the facts of a case.
Second, in High Courts, the facts matter a little more; and on account of the obligation to give reasons – the hearing is also a bit elaborate. Thus, the different approach is more down to the role of each court.
I must point out that a counsel must be fully prepared no matter where the case is listed, because the basics remain the same. When it comes to time, I feel that courts follow a pyramidical structure where the most amount of time is taken before the trial court and High Court. In some cases, this is upset as well – which results in error which the Supreme Court then needs to correct. When this case goes before different courts, one needs to be mindful of the rules and legal principles that govern the jurisdiction and powers of the said court.
Can you share with us your experience working as a Junior Standing Counsel for the Income Tax Department and the Directorate of Revenue Intelligence?
I was appointed as Junior Standing Counsel for Income Tax Department before the Allahabad High Court at the age of 26. In 2017, I was also appointed by the Government of India as Junior Standing Counsel of Directorate of Revenue Intelligence before the Delhi High Court.
As a Junior Standing Counsel for the Income Tax Department and the Directorate of Revenue Intelligence, I was responsible for representing the Government of India in various legal proceedings, including litigation in the High Courts and the Supreme Court. I also provided legal advice to the Government on a variety of tax and revenue matters.
My work as a Junior Standing Counsel was challenging and rewarding. One thing that stands out is that while working with Income Tax Department as well as DRI, the officers are up to date with facts and sharp with law. They instructed me and for that matter all counsel generally pretty well. I enjoyed the professional approach that officers had while briefing their counsel.
I had the opportunity to work on a variety of complex and high-profile cases, and I learned a great deal. I also had the opportunity to work with some of the best lawyers in the country. More importantly, I gained considerable experience by understanding the perspective of the state when it litigates before courts.
What do you think are some of the essential skills that a lawyer must possess to be successful, and how have you developed these skills throughout your career?
A lawyer is an amalgam of knowledge and communication skills. If you lack either, you are not a complete lawyer. Building a repository of knowledge requires a lot of sustained reading, and reading not just the law but various other subjects as well; and above all, listening. Writing comes next. Therefore, reading good texts and even well-written novels will help improve your vocabulary and the way you frame sentences – keeping in mind the audience. Skills of critical thinking and analysis, are subsumed in the skill of acquiring knowledge.
The other skill is communication, which comes in various shapes and sizes. From writing emails, to letters, to applications, to pleadings – we, lawyers write many documents, and in addition engage in serious oral advocacy – which again is a form of communication. Lawyers need to be able to communicate effectively with judges, lawyers, clients, and even the general public. This includes being able to write clearly and concisely, and to speak persuasively. I developed these skills through my education, both at NALSAR and Oxford, through watching my seniors and peers, and inculcating the values of professionalism and hard work in my own work as an advocate. Having said that, I continue to work on it.
Could you talk to us about any particular legal issue that you are particularly passionate about and why?
I recently worked on the legal issues surrounding citizenship. I am fascinated by its legal conception and how the idea of citizenship has evolved over the years and its link to other rights. Hannah Arendt called citizenship “the right to have rights.” Arendt was skeptical about the concept of human rights—which, in theory, belong to every person but we are not sure how these rights are to be guaranteed. What role does the law play in securing rights to people is what fascinates me. The taking away of citizenship renders people stateless, a person who is not considered as a national by any State under the operation of its law. Statelessness often has a severe and lifelong impact on those it affects. They have little access to basic needs of life. I have written about the power of the state to render a person stateless, to strip them of citizenship and its attendant rights. In my paper titled, “Identifying the ‘Outsider’” in The Statelessness & Citizenship Review, I analyzed the law and the manner in which different courts addressed the issue of statelessness. The paper concluded that the framework of adjudication by Foreigner’s Tribunals does not constitute effective adjudication under the Constitution of India.
Finally, what advice would you like to give to fresh graduates who are starting their career in law?
I believe the important lesson for any fresh graduate is to be humble. This means treating everyone with utmost respect and humility, and to learn from everyone you come across. I have learned that you can gain valuable insight in the most non-traditional situations and from people you probably would not classify as “well-read”. When I started, and even today – I still often paginate petitions, correct typos, be corrected by junior and senior colleagues at the Bar, and take criticism with humility.
Shining on account of your work, wisdom and merit – continues to be one of the best ways to get work as a lawyer – despite what LinkedIn may suggest. It is important to be visible but the boundaries of ethics must never be breached. Where possible, attend various events for the sake of knowledge and reach out to lawyers in your area of interest. Building a relationship is important.
One also must learn to be patient, both with others and yourself. It takes time to build a successful career as a lawyer. Don’t get discouraged if you don’t find success right away. But you must put in the hard work and develop skills a lawyer must possess to succeed.
Lastly, be passionate about the law. If you’re not passionate about the law, it will be difficult to succeed in the legal profession. Make sure you’re committed to the law before you pursue a career in it. One must have an attitude that if one lives a hundred years, one will learn a hundred years. Each day must be filled with some new judgment, principle, proposition, law, book, or an article that enhances your understanding of the law – or generally learn something new every day.