Super Lawyer

Category: Associates, In-House Counsels and Advocates

  • Working in the Supreme Court on a wide range of issues from various fields and areas of law requires a multidimensional approach, which is rewarding- Aditya Bharat Manubarwala, Counsel, Supreme Court of India

    Working in the Supreme Court on a wide range of issues from various fields and areas of law requires a multidimensional approach, which is rewarding- Aditya Bharat Manubarwala, Counsel, Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, could you please tell us a little about your background and how you first became interested in pursuing a career in law?

    I was born and raised at Mumbai before I finally shifted my primary base to New Delhi to practice at the Supreme Court of India apart from maintaining a dual practice in other regions of India particularly- Mumbai and Chandigarh. I hail from a quintessential family of Advocates and Solicitors. My mother is practicing as an arguing counsel at the Bombay High Court and other forums at Mumbai since the past 37 years while my father is an Advocate, Solicitor qualified from the Bombay Incorporate Law Society and Advocate on Record at the Supreme Court. This year (2023) he completes 50 years as a practicing Advocate. My elder brothers and their wives are Advocates as well. My father founded a full service law firm at Mumbai 45 years ago. I have subsequently established the litigation practice of the firm at New Delhi, Chandigarh and Ahmedabad with associate offices at Vijaywada, Chennai and Kolkata. Interestingly, my wife and her entire family including her parents and grand-father are also Advocates based at Shimla Himachal Pradesh. I have founded my own Litigation Chamber-set at New Delhi by the name –‘Chambers of Aditya Bharat Manubarwala’. My wife – Akriti A Manubarwala and I jointly operate the Chambers; our team includes four full time Junior Counsels as well as Six Of-Counsels at New Delhi and Mumbai.  Undoubtedly, being raised in a family of lawyers had its impact on me; my causal visits to my parents’ law firm, my interaction with their lawyer friends, my occasional visits to the courts, particularly the Bombay High Court made me develop basic knowledge and idea about the legal profession much more profoundly in comparison to my non-lawyer family background friends. However, despite this background, my interests as a child lay in becoming a Doctor; as a teenager I wanted to be a journalist.  My views changed completely after I got exposed to the lectures and interviews of Mr. Arun Jaitley, Senior Advocate, Supreme Court of India and former Finance Minister of India. I have been an ardent follower of Mr. Jaitley and a self-proclaimed fan since my school days. Since school days, it has been my deep desire to contribute to the growth and development of India. Initially I thought I could do so by being a doctor or a journalist, however, upon closely observing Mr Jaitley’s journey, I got inspired to practise litigation while concurrently dabbling in the field of public policy and politics. As a seventh grader, I was caught by parents mimicking an Arun Jaitley speech in front of the dressing table in my house. I feel, subconsciously, I continue copying and attempting to emulate him. He was truly Guru Dronacharya to me. He was a guru I never met, saw, or spoke with, but whose profound influence continues to shape my career and personality to this day and will almost certainly shape me until my death….

    Tell us about your journey from law school, to Supreme Court including your experience pursing the prestigious Master in Law (LL.M) in International Law Degree at the University of Cambridge?

    I graduated from Pravin Gandhi College of Law, University of Mumbai. Being from a conventional law college has its share of challenges in this NLU-driven legal education regime that we find ourselves in. Faced with this gargantuan challenge of proving my worth, I embarked upon my legal education in a rather structured manner thanks to the advice offered to me by Dr. Justice DY Chandrachud, Now Chief Justice of India, then Chief Justice of Allahabad High Court, who suggested I follow a theme-based model in relation to planning my internships. Themes suggested were – an NGO internship, a policy internship, judicial internship, litigation internship, etc. Apart from following the aforesaid model, I concurrently spent a significant amount of time and energy honing my public speaking skills by way of debates. I won fifteen national and international debate competitions and was even featured in The Indian Express for them. I wrote extensively, first in my own blog, then research papers in law journals and finally in newspapers and blogs. My habit of writing has continued, years after my graduation. I believe writing requires clarity of thought and precision derived from sound research. Writing regularly is akin to working out the mind, and this in turn has a direct positive impact on one’s speaking abilities. Regularly writing and researching has helped me develop my courtcraft as a counsel to a great extent. As of 18-10-2021, I have been published in newspapers and journals across nine countries, including the USA, UK, Belgium, Thailand, Bangladesh, Pakistan, India, Nepal, and Afghanistan. Even now I regularly contribute Op-Ed articles to prominent news papers like – The Hindu and The Indian Express    

    Looking back, it seems like quite a journey. My first brush with the Supreme Court was as a “Research Associate” in 2016 to Mr Justice F.M.I. Kalifulla, then a Judge, of the Supreme Court of India. I remember a rather funny anecdote. I was interning with Mr Justice Shantanu S. Kemkar, then a Judge of the Bombay High Court, in June 2016. It was my first judicial internship. Upon completion of my internship in June with Justice Kemkar, I informed him about my next internship as a Research Associate being in the Supreme Court of India in July 2016. Justice Kemkar in jest said that “you got promoted from High Court to Supreme Court in just a month, certainly much faster than me”. Although said in complete jest, his statements proved correct in a rather different sense. Upon commencing work at the Supreme Court, I grappled with vast, disparate laws. The breadth and sheer diversity of the work I experienced in the Supreme Court was far more than what I experienced in the Bombay High Court. It dawned upon me that practising in the Supreme Court is certainly difficult, but the experience and knowledge gained is insurmountable and unparalleled to working in any other court in India, or maybe the world.  My next brush with the Supreme Court was upon my selection as a Law Clerk-cum-Research Assistant to Mr Justice Vineet Saran, Judge, Supreme Court of India. I worked on one thousand cases whilst there. Working as a law clerk and subsequently as an Advocate at the Supreme Court of India has been one of the most enriching experiences of my life. Working in the Supreme Court on a wide range of issues from various fields and areas of law requires a multidimensional approach, which is rewarding.   As a law clerk, I provided significant research on on-going cases up for final hearing. Amongst other things, I also prepared short briefing notes which essentially summarised the entire special leave petition in 1 or a maximum of 2 pages. My ability to comprehend, process, and interpret vast, diverse, and frequently complex legal propositions grew significantly as well. One of the Judges of the Supreme Court of India once told me early in my tenure, that a lawyer, who can write well, is a lawyer who can speak well. I could not agree more with this. As a law clerk, a significant amount of time is spent reading paper books related to important cases, which is then processed and churned out into concise notes; a logical corollary of this is improved writing skills, which, in turn, significantly improves verbal communication. A clerkship serves as a great prepping experience for a lawyer attempting to build his/her life in litigation, especially as an arguing counsel.   Upon completion of my tenure as a law clerk, I pursued an LLM at the University of Cambridge. While there, I was offered a job as an associate by a top-tier law firm in London. However, all my life I viewed the law as a tool towards social transformation. I always believed in making a difference by being the difference. I deftly avoided succumbing to the temptation of a high paying “fancy” job in the UK and decided to return to India to play my small part in nation building. Once back in India, my experiences and exposure as a law clerk motivated me to commence practice at the Supreme Court of India as a counsel. I closely work on cases on behalf of the State of Maharashtra, State of Goa and State of Madhya Pradesh at the Supreme Court, apart from maintaining a commercial and corporate practice at the National Company Law Appellate Tribunal, New Delhi and Bombay High Court. I also appear on a regular basis before Arbitral Tribunals presided over by former Supreme Court and High Court Judges Apart from my life as a litigating lawyer, I also deliver guest lectures and speeches at national law universities, law colleges and professional bodies. I also work closely with the Parliament of India on issues of law and public policy. I have been appointed by the Union of India and the State of Madhya Pradesh as their Counsel at Supreme Court, making me one of the youngest Advocates representing them at Supreme Court.

    Kindly share with our readers your experiences as a young litigator at Supreme Court and share any advice you would like to young law students planning to join the field of litigation.

    I will not lie; initial years as a young litigating lawyer are tough. It is not a bed of roses. There is an assumption that having a legal background helps one get flooded with work. I beg to differ. Clients trust a lawyer by his own ability and more than anything else the results delivered. The best publicity in the legal profession is by word of mouth. It takes several years of hard work and consistent performance for ones practice to start developing. I have been fairly fortunate to have work coming to me from the word go. I initially joined the Chambers of Mr. Tushar Mehta, Solicitor General of India and concurrently worked as Of-Counsel to the then Mr. Arun Pednekar, Standing Counsel of Goa at Supreme Court (now Judge of the Bombay High Court.) Both my seniors were very encouraging, they helped me not only learn the tricks of the trade in terms of knowledge development and exposure but also gave me the freedom and confidence to develop my own private practice. I was advised by Mr. Soli Sorabjee who was our family friend that to survive at Supreme Court one needs appeals coming from at least two states regularly. I took these words very seriously and spent considerable amount of time developing my relations and networks in multiple Indian States including Maharashtra, Goa, Andhra Pradesh, Himachal Pradesh, Punjab, Haryana and Gujarat. Initially, I did not get much success but as time went by my work increased from all these States and now I have regular work flowing from these States. As my work started increasing, I would re-invest my earnings back in the profession by establishing my own office, dedicated team of staff and junior counsels. I believe that for optimal and sustained growth, young professionals should avoid saving money, they should re-invest what they earn back in developing their profession. For every amount invested in the profession, the profession gives back in leaps and bounds. It is important for a young lawyer to not get demotivated or dejected. The first five years in litigation are very demanding and most leave the litigation field due to lack of success. It is also important to not compare your financial growth with your peers in corporate law. The growth in litigation after initial years of struggle is multi-fold and much more than any possible increment in salary. A successful litigating lawyer is any day more well to do financially than a corporate lawyer. I also sincerely suggest young lawyers to never limit themselves to any one forum. I have been fortunate to get lot of work at Supreme Court initially but I am always open to going to other forums for work. Being a ‘Yes man’ is a mantra every young lawyer should master in relation to being open for work in other forums. It is also important to have your work coming from diversified sources. Being too dependent on one source can be very dangerous. For instance, I have not let any one source of work exceed 20% of my total work. This way even if one source of work stops, there is no devastating impact on ones work flow and income.    

    Can you share the type of work you do on a daily basis and the kind of cases you take up?

    I do a mix of commercial, corporate, criminal, service and civil litigation. I also appear on behalf of State of Madhya Pradesh and Union of India as their Counsel at Supreme Court. I also regularly appear before Hon’ble Supreme Court of India, New Delhi High Court, Bombay High Court, National Company Law Appellate Tribunal, National Company Law Tribunal, National Green Tribunal, Central Administrative Tribunal, National Consumer Forum, State Consumer Forum, Appellate Tribunal for Electricity. My area of practice broadly includes – Public & Constitutional Law, Banking law, Corporate laws, Insolvency & Bankruptcy Code, Civil and Commercial law, Energy law, Consumer and Insurance Law, White Collar crimes, Environmental law, Service and Labour law, Real Estate and Property

    Law, SEBI, Electricity laws amongst others.

    You have been in many international roles from the time you graduated-Advisory Board Member for Asian-African Chamber of Commerce and Industry, Global Peace Ambassador to India, Special Advisor to President of Afghanistan. What is the most challenging role you took up? And what is your most favourite role?

    All roles have had their share of challenges. I cannot single out one particular role, but the most unconventional role has been that of being Special Advisor to the Office of the President of Afghanistan, Ashraf Ghani. I assisted in working out a framework for the Afghan National Water Policy, focusing particularly on the international water dispute resolution mechanisms between Afghanistan and Pakistan and Iran. I also prepared a policy document on reforms to the courts and administrative system of Afghanistan adopting a comparative international approach, particularly studying the Indian, UK and American models.

    Get in touch with Aditya Bharat Manubarwala-

    Phone number- +91 98198 25338

  • The initial years shape your personality as a lawyer and it goes a long way in creating an impression on others- Akshay Pathak, Principal Associate at Cyril Amarchand Mangaldas

    The initial years shape your personality as a lawyer and it goes a long way in creating an impression on others- Akshay Pathak, Principal Associate at Cyril Amarchand Mangaldas

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, our audience would like to know about your journey before you joined Cyril Amarchand Mangaldas

    I was born and brought up in Patna and did my schooling from Patna (Don Bosco Academy and St Michael’s High School). Just like any other middle class household, focus of my parents had always been on education. During school and even college I had just been an ‘above average student’. Whilst I was never the batch topper, from as long back as I can remember, I always wanted to actively participate in any event that came my way, which was related to public speaking. This was maybe the decisive factor in me opting for law. I completed BA LLB (Hons) from GGSIPU, Delhi in 2016. Before joining Cyril Amarchand Mangaldas, I have worked with Shardul Amarchand Mangaldas and briefly with Dentons Link Legal, Delhi office (Link legal was a campus placement). During my law school tenure, I had the opportunity to work as an intern under the able guidance of excellent general corporate teams of some of the best law firms in the country. I am currently working as a Principal Associate with Cyril Amarchand Mangaldas. My practice area primarily includes domestic and cross-border M&A transactions, and general corporate matters including restructurings.

    How were your initial years as a junior associate?

    There is a general perception that the initial years are tough if you are working with a law firm. Irrespective of whether you are working with a law firm or working with a senior in a chamber etc. you need to work really hard as a junior. This is inevitable and every fresher has to face this, and even I was no exception. The fear of the unknown, fear of making a mistake used to be perpetually there. As a fresher everything you are doing is new to you. There is a huge gap between theoretical knowledge and its practical application.  Hence, a junior has to spend more hours and there is no short cut to that. The initial years shape your personality as a lawyer and it goes a long way in creating an impression on others. This profession demands hard work (irrespective of the designation) and the sooner you accept this the better it is.

    Hard work and sincerity will always be given preference over just intelligence. Infact I firmly believe that if the initial years are too comfortable (in terms of work quality, number of hours etc.) it will in some way or the other adversely impact your professional growth. I was fortunate to start my journey under the guidance of some of the finest corporate lawyers of the country. If you have good seniors, you feel motivated to push yourself and give your best. Hence, I believe that role of a senior is also crucial for the growth of a fresher. People mostly quit bad seniors and not the organization or the work. A lot has been written and said about having a ‘work life balance’. This is something very subjective. Someone may get free at 7 in the evening and may feel the lack of motivation to pursue any other hobby, while the other may get free at 10 in the night and may be able to pursue a rejuvenating hobby.

    What is your take on the on-going discussions in relation to mental health issues being faced by young lawyers?

    Each of us may have issues which we may not be able to or be willing to share with everyone (specially office peers). Waking up every morning, separating your personal and professional life and going out, giving your 100 percent is never easy, in such a situation. Mental health should be taken very seriously by each individual and by peers as well. Specially in a profession like ours where you need to always give your 100 percent, not just to thrive but even to survive. It is nearly impossible to work efficiently if there are things effecting your mental well being (reasons could be personal or professional). Allowing your peers and team members that space to open up, talk about such issues can go a long way in not only increasing overall work efficiency but also in building strong bond between the team members.

    Sir, you have carved out a career in one of the best law firms in India. What were the things you did right (and wrong) in your journey so far?

    I would break this answer into two halves- one being the time spent in law school and the other half being the time spent as an associate in law firms.

    During law school, specially during the 4th and 5th year, I realized the importance of internships. If you are not from the top 5-6 national law schools, there is no other way to start working with good law firms. An internship gives you an excellent opportunity to show case your hard work and sincerity, and I believe every law student should take up internships very seriously and never intern merely for a certificate or just to fill up CV. I personally took my internships very seriously and tried to make the most out of them. Infact the team I have been working with from the past 6 and half years is the same team I interned with in my final year in law school.

    Once you start working, the first thing which you should do is try to develop dependency, and learn to be accountable for your work. ‘Being available to help’ and ‘working hard’ are the two most important attributes. You may not be the smartest one in the room, but you can work harder than the majority. That is totally under your control. Every criticism should be accepted with a positive frame of mind. As a junior one is bound to make mistakes. The most important thing is how you outgrow your insecurities and learn from your mistakes. One should never try to settle for less, specially during the formative years as a lawyer and try to always push your limits. If you start giving too much importance to work life balance in the initial stage of your career, some way or the other your professional growth may get hampered. However, I see this as a choice- one may prioritize work life balance coupled with gradual and slow growth over sharp growth over a short span. Hence, it should always be a personal decision. 

    The major part of your career revolves around corporate law. Which aspect of this thrills you the most?

    Every aspect of my work thrills me to be honest. If you don’t love what you are doing, there is something wrong with either what you are doing, or your career choice. As a corporate lawyer you get to work on some of the biggest M&A deals happening in the country. You get to engage with, work with some of the sharpest minds across various sectors. You grow not just professionally but also personally. That I believe is the most satisfying aspect of the work I majorly do.  For students / professionals who want to work with law firms, the motivating factor should always be good quality of work, better learning curve, experienced seniors to work with. One should never get carried away by hearsay negative feedback about an organization or law firms in general. At the same time never get carried away by the ‘Harvey Specter’ effect where you get enticed by other lesser relevant factors (clothes, cars, money). In long run everything follows if you are motivated and willing to work hard. ‘Overnight success’ doesn’t exist. Each day counts.

    You have effectively facilitated some major Mergers and Acquisitions. What are your key learnings while dealing with those cases?

    In my limited experience what I have understood and learnt so far is that working hard, staying updated and on your toes, are not just the only areas where you need to be good at. In addition to the above, meeting client expectations and being able to meet deadlines (internal as well as external) is something which is very important. All the hard work, sincerity is of no use if you fail to meet expectations of your senior or the client. I believe majority of the success one attains in one’s professional journey comes from being able to ‘understand and deliver as per the expectations’. Efforts which are channelled always meet better results. Hence, before working on any deliverable, understanding expectations of your client / senior is of utmost importance. 

    Internships in Tier-1 firms have been the hardest yet most desired by budding law graduates. Can you share a few suggestions which could help them to materialize the same?

    Networking and visibility is the key. Law students, specially from tier 2 and tier 3 law colleges should make it a point to mark their presence both physically and virtually in legal space. This can be by way of being physically present for seminars and conferences and being active on Linkedin. Students should keep themselves updated and actively write articles/ papers/ blogs on legal issues and changes. One cannot expect approaching anyone directly without any prior interaction, and getting an internship at one go. Students should follow a two way approach for getting internships – (1) applying well in advance (6-7 months atleast) to atleast 30-40 law firms and following up regularly (sending just 1 email for internship is as good as not applying for an internship) ; (2) building a strong presence of Linkedin by way of writing articles/ blogs, getting in touch with seniors, alumni, sharing your work with them on a regular basis, and then approaching them for internship.

    What do you think is the best for a law student to do with respect to internships? Short-term internships over several genres of law or long-term internships in a specific field of law?

    Interning multiple times with the same organization, in the same practice area with the same team preferably is better than interning 10 times with 10 different firms across different practice areas. Interning in the same practice area multiple times helps you to hone your skills and build your knowledge base in that specific practice area.

    Do non-NLU graduates stand a chance as freshers with Top notch law firms?

    Yes, absolutely. As I said earlier, internships are the best way to showcase your hard work and sincerity. If you meet the basic threshold set by a team for a fresher, and are able to demonstrate the hunger to work hard, learn and grow, college will not matter. I am also not from any NLU for that matter.

    Sir, you have a myriad of journal publications under your name. How important do you think publications are for a law graduate, both as a student and as a professional?

    Research papers become a talking point in your interview. No law firm will hire you just because you have 5 good publications. However, it does demonstrate that you have good research skills and that you were able to analyse a legal point. In an interview if you are able to substantiate on that legal issue, it can go a long way in creating a positive impression in the mind of the recruiter.

    What is the importance of moot court competitions in a CV?

    Just like a paper publication, no moot court competition can get you a job. Even if you end up winning 5 moots, no law firm will hire you solely on that ground. Participation/ winning a moot court competition demonstrates that you have good research skills and again it would be a talking point in your interview. However, I would encourage all law students to actively participate in moot court competitions and write research papers. In law school you would get to learn application of law mostly by way of your participation in co-curricular activities. 

    Lastly, what advice would you like to give to Non-NLU graduates who have big aims to get into prominent tier-1 law firms? 

    With my limited experience in legal space, the only advice I can give to anyone is to have faith in hard work, and sincerity. Hard work and sincerity would always be preferred over intelligence. Have short term goals for each semester and decide how many papers you want to write, where do you want to intern, how many research papers you wish to publish and then act accordingly. Belief in hard work more than destiny should be the mantra.

    Get in touch with Akshay Pathak-

  • “To be successful per your own assessment, you need to take bigger challenges, grow out of your static and comfort zone. That is what life is all about. It keeps you sharp something to look forward and conquer otherwise would end in the engine of lethargy and dullness”- Gaurav Vutts, Lawyer at Parinam Law Associates

    “To be successful per your own assessment, you need to take bigger challenges, grow out of your static and comfort zone. That is what life is all about. It keeps you sharp something to look forward and conquer otherwise would end in the engine of lethargy and dullness”- Gaurav Vutts, Lawyer at Parinam Law Associates

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    How did you become a lawyer from being a poultry farmer and broom seller?

    After graduating in B.Sc from University Maharaja College, Jaipur, I ran small poultry farm along with selling brooms in local city areas. Managed day to day work, did labour / manual farm work & selling broomsticks. Upon one of my travel to New Delhi got a chance to see law firms which changed my idea from being a poultry farmer & broom seller to become lawyer. It was a very difficult phase of my life as to transition from being a labourer to become lawyer without any generational support, no one known in Delhi or in legal fraternity to support but it was one of the best times as well.   

    How satisfying has your journey been, transitioning from a litigator to becoming an in-house counsel with one of the topmost corporations, and now returning to being a partner and dispute resolution lawyer with a top law firm? 

    God has been kind. Being first generation lawyer was privileged to work with Karanjawala & Company India’s top law litigation firm. There practiced all segments of law criminal & civil. I appeared for various clients involving peculiar kind of legal issues before various Courts & briefed Senior Counsels. This made me not only learn the basics of law but how to appear before Courts and be dutiful towards Clients and most importantly Courts of Law. Apart from this practiced law with Chambers of Ankur Chawla for a short period where got experienced more of Trial Court.  

    I further worked with great corporates like Hindustan Unilever Limited (HUL) as Regional Legal Head where handled general corporate advisory related to Food Laws, IPR, Retail, Franchising, Brand Protection & General Litigation involving various segments of laws, Compliance & Reporting, Code and concept of business partnering.

    The experience with Indiabulls Housing Finance Limited taught me intricate nature of financial laws, complexities of Real Estate laws (RERA), Insolvency (I&B Code), Facets of Consumer laws, how to handle complex litigations & large legal teams.

    Wipro Limited being Information Technology Giant offered rich knowledge on global eco-system surrounding Ethical & Code practices, Trade & Sanction Laws, Anti- Bribery and Anti- Corruption landscape, Code Policy drafting clubbed with Enterprise Risk Mitigation, Functional Support to Internal Audit and other functions, training & delivery on statutory compliances to Audit Committee and Board. These stints benefitted me with overall rich experience in handling legal issues related to FMCG, Banking and Info Tech nature of businesses.

    All clubbed together are of immense legal & practical value which assist me to handle issues from Client & Business perspective. I must state that it’s an extremely difficult role to be In-House Counsel but it’s truly fascinating to help the brands grow in most effective & compliant manner. Today I appear in various Courts and practice law which I believe is the duty of being a true lawyer.     

    Whether working in-house or with a law firm, what are your thoughts and what are the key attributes required for a lawyer?

    Both are truly fascinating & satisfying. Working In House within Company has variety of attributes which may be:

    • Complete know how of your business & functions
    • Knowledge of Functional Laws & its implications
    • Red flagging key issues and reporting with ease and without legalese
    • Weak points, how to highlight with solutions absorbable by business partner
    • NO to be avoided as it’s taken as not able to business partner but have balancing approach
    • Exhibit & highlight your work upon every stage regardless nature of work else non-highlight of work at appropriate time & spot weakens its delivery value.
    • Ability to showcase achievement without delay to your superiors and demonstrate value towards the company

    Keeping above aspects in mind, the lawyer doing work in-house should be able to demonstrate the outcome immediately to management.

    Working with firm & lawyers- the key attributes which may be:

    • Ability to conduct swift & voracious reading of papers on short time
    • Grasp facts without any constraint
    • Prepare error free draft in easy legal language   
    • Up to date Legal knowledge of the issue at hand
    • Overall handling & case management (Start to End)
    • Client & partner satisfaction
    • Timelines and Delivery
    • Sincerity & Devotion – as outcome of the case is decided by Court where no errors can happen
    • Smoothly conduct conference with Client and Senior Lawyer
    • Conduct research of case laws, precedents for the issue at hand
    • Most importantly liking for law and legal profession
    • Maintaining diary of dates and filing  

    Considering above my view is – it depends on lawyer as to where the professional satisfaction is matched. Both are good to learn and practice law.  

    How do you provide the best possible legal advice to a client even though telling the truth may affect revenue?

    Firstly honesty is the only way. Must have non- negotiable honesty with clients whilst providing legal opinions or leading them in litigation. Represent them with honesty before Courts as primary duty of lawyer is being officer of Court. Secondly there is no substitute for hard work. Work hard on clients briefs and research law/ try your best to get relief for client without loss of integrity.

    How do you feel now that you’re back in practice from the in-house advisory?

    I think that both are always good and satisfying.

    To be successful you need to take bigger challenges and grow out of your comfort zone. That is what life is all about.

     However it is always good to be in active legal practice, help various clients resolve issues, appear before Courts for their rights and interests. This would mean to deal in real time cases, draft pleadings, research law and precedents which is very different than sitting in background and advising In- House. However it depends on what a personal choice is for a lawyer & what is the preference. Sooner and later the In House advisory would end due to job becoming mundane, no challenges, burn out or retirement but the legal world is always open for practice regardless of age.

  • The best way to approach a tricky case is to fully understand the client’s case and the context of the disputes- Vyom Shah,Counsel, Bombay High Court

    The best way to approach a tricky case is to fully understand the client’s case and the context of the disputes- Vyom Shah,Counsel, Bombay High Court

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Sir, please tell us about your educational background and how you got started in the legal profession?

    Soon after tenth grade, I decided to become a lawyer. With this idea in mind, I finished my Junior College and started the five year law course in Government Law College, Mumbai. While studying, I joined the law firm Desai & Diwanji and I signed my Articles with them. This was my first experience of the legal profession and it was mostly corporate transactional work. I cleared my Solicitors exam in Mumbai and then decided to experience litigation in the Supreme Court, for which I moved to Delhi to work with Mr. Gourab Banerji, Senior Advocate. I enjoyed litigation and realized I wanted to practice as a Counsel. I moved back to Mumbai in June 2017 and since then have been in the Chambers of Mr. Zubin Behramkamdin, Senior Advocate and am practicing in Mumbai.

    How did you decide to specialize in arbitration, civil and commercial litigation, securities, and real estate litigation?

    My specialisations are a result of my interests. I was fortunate to do a fair amount of arbitration and commercial litigation while in Delhi and I found it very interesting. I have continued doing such work since. When I moved back to Mumbai, I also ended up doing a lot of civil and real estate litigation in Bombay High Court and Tribunals. My practice in securities litigation has been more recent but it has always been of interest to me since my time pursuing a corporate practice with Desai & Diwanji.

    Can you describe a particularly challenging case you worked on and how you approached it?

    I think all cases have their own challenges. According to me, the best way to approach a tricky case is to fully understand the client’s case and the context of the disputes. The client’s case is almost always based on their honest assessment of the facts and context and this understanding makes the cases much more manageable. I have also observed that sometimes, very difficult cases acquire their own dimensions as the trial progresses and they become much easier, if handled correctly from the beginning.

    You have worked in both Bombay High Court and Supreme Court. What differences have you noticed between the two courts?

    The differences are many. A major difference is that the Supreme Court essentially looks at matters that involve substantial questions of law and this warrants a lot more focus on the relevant laws and judgments. The facts have already been decided by the Courts below. On the other hand, the legal proceedings such as suits and arbitration petitions filed in the Bombay High Court generally involve disputed questions of facts, which are being agitated in the first forum. The facts are still not decided and therefore, the arguments tend to be more factual. Appeals in the High Court definitely involve more law but also often relate to disputed questions of fact.

    You have also worked in the United States as a visiting attorney. Can you share some of the differences you noticed between the legal systems in India and the US?

    I have pursued my LLM in the University of Chicago Law School, US and practiced as a visiting attorney with a law firm in New York for a short while after that. There are many differences but one that really stood out to me was the difference in the manner of drafting pleadings, pleadings are a lot shorter in the US. There is also a lot more focus on the discovery process of documents in litigation there and of course, one of the most interesting differences is the significant difference in the law of evidence that is applicable to trials with juries in the US.

    You have worked on drafting reports and recommendations for various government bodies. How did you get involved in these appointments, and what was that experience like?

    I was interested in the topics and I was lucky to be in the right place at the right time, I think. The experiences were incredible and I cannot be grateful enough to the distinguished members of the various committees for it. I learned so much from their discussions and deliberations. I started looking at the law from a different perspective because while suggesting amendments, the Committees were also considering the practical difficulties of the relevant laws.

    You have published several papers on legal issues. Can you tell us about one of your favorite papers and why it was meaningful to you?

    I think one of my favourite papers was the paper on carrying on microfinance in India. The concept is fantastic and I only fully understood and appreciated it after commencing the research for the paper. The idea itself is very noble because it provides cheaper loans to the people who need them the most. While there may be some disadvantages, I think those disadvantages are a result of the faulty application of the concept and hopefully, they are resolved sooner than later.

    Looking back on your career, is there anything you would have done differently?

    Honestly, I don’t think so. I did spend a lot of time in various different cities and countries pursuing different types of legal practice at the beginning of my career. Some may recommend starting and continuing one kind of practice from day one. However, the experience I got from each of those practices has been rewarding and I believe, has enriched my thought process. I am a product of all of those experiences and after trying various things, I am also quite sure that the legal practice I am now pursuing is the kind that I enjoy the most.

    Coming to the last question, can you offer any advice for aspiring lawyers who are just starting their careers?

    I think it is most important that you enjoy the practice because it is a demanding profession, which takes a lot of time and effort. I also find that it helps to not make the profession all about the ultimate goals but to take your practice one day at a time, that makes things less stressful and more fun. I also think striking a good work – life balance is essential for lawyers but also very difficult. I am still trying.

    Get in touch Vyom Shah-

  • We all lawyers are fortunate that ‘skill’ is paramount and most valuable factor to be successful and survive in the legal industry- Ambuj Sonal, M&A, PE & VC, IBLJ Future Legal Leader, Forbes Legal Powerlist ,Next Generation Partner-The Legal 500, Associate Partner at Link Legal

    We all lawyers are fortunate that ‘skill’ is paramount and most valuable factor to be successful and survive in the legal industry- Ambuj Sonal, M&A, PE & VC, IBLJ Future Legal Leader, Forbes Legal Powerlist ,Next Generation Partner-The Legal 500, Associate Partner at Link Legal

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    How did you end up pursuing a career in law, and what inspired you to specialize in corporate and commercial law, M&A, joint ventures, private equity, exchange control and foreign investment?

    I completed my schooling from a very small town, Bokaro in Jharkhand. I was a science student until my 12th Board, however, I did not find interest in continuing with science and was hoping to change my stream. I started applying for journalism courses in Delhi and thought that this career path is the most suitable for me. I came to know about National Law Schools through my brother and decided to explore both journalism as well as law. I got selected for both, however decided to opt for law.

    I was selected for an internship in 2011 with DH Law (which merged its practices with Link Legal in 2016). During this internship, I worked on a lot of assignments relating to M&A, joint ventures and researched a lot on companies, businesses and regulatory issues. This created a vast interest in continuing in the same field and I was fortunate to receive a job offer from DH Law, Mumbai, post completion of my B.A. LL.B.(Hons.) in 2012. While I was ready to start my career in any given practice area, I found interest in this particular area after I was involved in all the stages of an acquisition deal in 2013. Thereafter, I decided to continue this area of practice.

    Can you walk us through your experience working as an Associate at DH Law Associates and Senior Associate at Link Legal, Mumbai? What were some of the challenges you faced, and how did you overcome them?

    I started with DH Law as an Associate in 2012. It was a smaller set up with great mentors. I had an opportunity to work on various assignments including deals, international arbitration, litigation as well as advisory. The challenge at the initial stage was to learn by yourself and deliver in time. As a fresh graduate, who had no experience of even an internship in a bigger law firm, the major challenge was to meet the quality of deliverables with market standards. With the guidance of the partners of DH Law coupled with my own passion and hard work, I think I was able to meet the required deliverables. Once a law student is required to work as a qualified lawyer, the main challenge is to understand the right issue involved in any assignment. Framing of the right issue is challenging initially, however, if you learn that art, you will succeed in profession.

    DH Law merged its practices with Link Legal in 2016 and I also became a part of Link Legal and worked as a Senior Associate. The main challenge of a Senior Associate is to own the assignment, lead the transaction and simultaneously start training the juniors in the team. Delegation is the key when you take up major responsibilities. There are always late working hours depending upon the work load, however, you need to put that extra effort and concentrate on your value addition on the entire transaction.  

    As the Deputy General Manager (Legal) at Lodha Group, how did you manage to handle the legal responsibilities for one of India’s largest real estate developers? What were some of the significant projects you worked on, and how did you add value to the company?

    The decision to move to Lodha Group came after a lot of thought where I wished to experience the challenges of an in-house counsel. I would say that the legal team in Lodha Group consisted of one of the bests lawyers whose professional approach was top notch. As an in-house counsel there are several challenges with more accountability on whatever you advise and strategies for the company. Lodha Group is one of the largest developers and were in the phase of expansion which required a lot of investments, joint ventures and commercial arrangements with big real estate funds, investors and banks. During my time at Lodha Group, I worked on assignments including setting up of infrastructure park, structured financing deals, debt investment assignments and joint ventures on regular basis. I think my transactional experience working with DH Law and Link Legal helped me to add value in these transactions and achieve the objectives of my team in timely manner.

    You have been recognized among the top individual lawyers for corporate and commercial law in the Forbes India Legal Power List 2021. How did you achieve this recognition, and what advice would you give to young lawyers aspiring to follow in your footsteps?

    I felt delighted and humbled after being recognized by Forbes India amongst the top lawyers (less than 10 years’ experience).  There was no planning to achieve this, frankly, it happened due to the visibility and experience you gain in the market. The client’s feedback is of utmost importance in any feet you achieve. Post this recognition, in 2022, I have also been named as a ‘Future Legal Leader’ by India Business Law Journal and as a ‘next generation partner’ by Legal 500. All these recognitions come only when you are recommended by your clients which means that you have to give your hundred percent on whatever assignments you are working on. A piece of advice to the younger lawyers would be to focus on quality of your deliverables and automatically your visibility and client recommendations will increase.  

    Can you describe your role as an Associate Partner at Link Legal, Mumbai, and the most exciting projects you have worked on in this capacity?

    As an Associate Partner at Link Legal, Mumbai, my role is to work as a leader of assignments within the team, be responsible for client deliverables, business development, managing your resources and work allocation. Some of the exciting transactions that I have worked in this capacity are –

    • Advised Auctus Advisors and its shareholders on its acquisition by YCP Solidiance International, a subsidiary of YCP Holdings, which is a company listed on the Tokyo Stock Exchange.
    • Advised JSW Foundation in setting up of the Skill India Impact Bond, a first of its kind and India’s largest impact bond, launched by the National Skill Development Corporation (NSDC). The other funding members of the SIIB includes, British Asian Trust, the Michael & Susan Dell Foundation, the Children’s Investment Fund Foundation, HSBC India and Dubai Cares, with FCDO (UK Government) & USAID as technical partners.
    • Advised Doncasters Group of Companies in relation to the Indian element of its global acquisition of Uni-Pol Group of Companies.
    • Advised Howen International Fund SPC, a Cayman Island fund, in its pre-series A investment in Sundaravijayam Automobiles Services Private Limited (known as Ready Assist).
    • Advised Almas Global Opportunity Fund SPC, a Cayman Islands based fund, in its investment of approximately USD 4 (Four) Million through primary and secondary investment in Jupitice Justice Technologies Private Limited, a justice technology company based in Chandigarh, India.

    How do you keep up with the constantly evolving legal landscape, and what resources do you rely on to stay informed about the latest developments in your field?

    There are several ways to keep yourself updated. The first and foremost is to read the newspapers every morning. Newspapers capturing the business updates are very crucial and reading articles provides you with the sectoral knowledge and the relevant updates. As a transactional lawyer, you need to religiously start your day by visiting three important websites of the regulators – Ministry of Corporate Affairs, Securities and Exchange Board of India and The Reserve Bank of India. This habit will keep you updated in this constantly evolving legal landscape.

    What advice would you give to the young professionals who are at the struggling phase of their respective careers?

    It is important for young professional in this field to learn as much as they can and develop their skills as a lawyer. We all lawyers are fortunate that ‘skill’ is paramount and most valuable factor to be successful and survive in the legal industry. This is a knowledge-based industry and if you have the knowledge, you will keep getting the work and keep growing in the legal industry, irrespective of your personal/professional background.

    Get in touch with Ambuj Sonal-

  • It takes a mixture of interest, skill, experience, and diligent work to succeed in commercial litigation- Anuja Pethia, Former Civil Servant, Government of India ,Advocate on Record, Supreme Court of India

    It takes a mixture of interest, skill, experience, and diligent work to succeed in commercial litigation- Anuja Pethia, Former Civil Servant, Government of India ,Advocate on Record, Supreme Court of India

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Ma’am, could you please share with us how you began your career in law, and what motivated you to pursue this profession?

    I completed my B.A.LL.B. degree from National Law Institute University, Bhopal in 2013 and enrolled as an advocate in the same year. Propelled by my keen interest in International Criminal Law, I pursued my LL.M in International Crime and Justice from United Nations Interregional Crime and Justice Research Institute and Università degli Studi di Torino, Italy in the year 2014.

    Immediately after returning to India, I cleared the All India Civil Services Examination in  2015. My position thereafter provided me with great exposure. I took the charge of Assistant Director, Office of Regional Director (North Zone), Ministry of Corporate Affairs, New Delhi for two fulfilling years. Since December 2018, I have been pursuing my career in law as a Legal Practitioner and as the co-founder of Pethia and Shergill Law Offices which is now being rebranded as Swarnim Partners and Associates.

    My passion for social justice and litigation were the main factors that motivated me to pursue law as a career. As I was pursuing my B.A.LL.B., I witnessed workplace inequalities, social inequality, and injustice. It ignited a strong desire in me to make a difference in people’s lives by being there for them to fight for their rights. I also had a keen interest in the Indian legal system and its workings, which further fuelled my decision to pursue a career in law.   

    As an advocate on record at the Supreme Court of India, and a registered advocate with the Bar Council of Madhya Pradesh, could you tell us what it takes to become a successful advocate in India’s legal system?

    I’m a panel lawyer for the State of Madhya Pradesh before the Supreme Court of India since 2020 and qualified for the Advocate-on-record exam in the year July 2022. To become a successful advocate in India’s legal system, I feel that, one must have a strong foundation in legal knowledge. It is important to continually learn and evolve in this profession. If you are first generation lawyer, then you also need a lot of patience because it takes time to start getting your own clients. Till that time, one must try to gain as much practical knowledge of law as possible.

    From my personal experience, I have observed that the kind of exposure my LL.M. degree gave me is immeasurable. After that, I cleared the AOR exam, and preparing for it again was an evolutionary process. Every exam’s preparation will always give you something in return.

    Moreover, excellent communication and analytical skills are also two significant requirements for a successful litigation career. It is also essential to stay up-to-date with the latest developments in the field of law. In addition to that, I believe that one of the most important traits of a successful lawyer is to build a good rapport with clients and to empathetically understand their needs and objectives. Additionally, networking within your profession also plays an important role in building a successful career.     

    You ranked 593 in the UPSC Civil Services Exam in 2015 on your first attempt. How did you prepare for this exam, and how has your experience in the Indian Corporate Law Service informed your current work as an advocate?

    My preparation for the UPSC Civil Services Exam involved a lot of hard work, strategic planning, and dedication. I studied by dividing hours each day systematically and focused on improving my knowledge in new areas. I also took several mock tests to help me better understand the format of the exam and to build my confidence.

    Taking the charge of Assistant Director, Office of Regional Director (North Zone), Ministry of Corporate Affairs, New Delhi has played an invaluable role in my independent litigation practice and also in co-founding my firm. It not only invoked my interest in corporate law but also enhanced my knowledge and understanding of the same. The profound experience helped me to advise my clients better on matters related to corporate law and IBC. Additional capabilities cultivated during my tenure as a civil servant such as strong analytical and problem-solving skills have also proven to be useful in my litigation practice.

    You have extensive experience in commercial litigation, including representing private and government. Could you speak to the challenges of working in this area of law and how you approach them?

    There are various challenges in commercial litigation. If I have to name a few, then the complexity of cases and voluminous documentation involved. To overcome voluminous documentation, I have adopted a meticulous and organized approach to document management. The shift towards electronic gadgets has also been a saviour in this regard. The complexity of the case is not a challenge per se, but it requires a deep understanding and interest in the subject to bring out fruitful results for your clients.

    Additionally, maintaining transparency with clients by regularly updating them on the progress of the case, and providing them a realistic assessment of the case’s potential outcome also helps in dealing with the complexities issue. Ultimately, it takes a mixture of interest, skill, experience, and diligent work to succeed in commercial litigation.        

    In addition to your work in law, you have also served as a member of several internal complaints committees established under the Sexual Harassment at Workplace Act. What inspired you to take on this role, and what lessons have you learned from it?

    As someone who strongly believes in ensuring safe and equitable workplaces for all women, I was inspired to take on the role of serving as the Independent External Member on the Internal Complaints Committees of the Lok Sabha Secretariat, Parliament of India, Swarovski India Private Limited, Cvent India Private Limited. Through my work on these committees, I have learned that creating a safe and supportive environment for women to report incidents of sexual harassment is crucial in preventing and addressing these issues in the workplace. With my keen interest in workplace equality, I have also founded an organization namely Equalplus. The sole purpose of this organization is to ensure workplace equality.

    It is of paramount importance to approach every complaint of sexual harassment with the utmost sensitivity, empathy, and dedication to deal with a complaint with impartiality and fairness. At the same time, it is also about protecting the rights of the respondent as well. This role  has strengthened my belief in the requirement for constant efforts to raise awareness and educate the public at large about the seminal importance of preventing sexual harassment at workplace.     

    You hold an LL.M. in International Criminal Law, which you earned from the United Nations Inter-Regional Crime and Justice Institute and Universitá Degli di Torino, Italy. How has this advanced degree influenced your legal practice, and what are some of the key takeaways you gained from your studies?

    Having pursued my LL.M. in International Crime and Justice, I have been able to enhance my knowledge of criminal law beyond the domestic Indian legal system. It helped me understand the relevance of comparative studies and understanding the other prevalent criminal justice systems around the world. The degree has also given me a much deeper knowledge of international criminal law.  

    Having a broader understanding of other nations’ judicial systems has also made me better understand the domestic Indian justice system, and has helped me represent my clients with a strategic approach domestically.  

    Overall, my LL.M. from United Nations Interregional Crime and Justice Research Institute and Università degli Studi di Torino, Italy has helped me to become a more well-rounded and informed advocate and has given me the tools to approach legal issues from a more nuanced perspective. As I have mentioned earlier, the legal profession is ever evolving and the only way to survive in this profession is to learn and expand your knowledge.  

    You have published several articles on legal topics, including “To Bail or Not to Bail?” and “In the Light of Growing Prison Population Should We Look for Alternatives to Imprisonment?” What inspired you to begin writing about the law, and what message do you hope to convey through your work?

    The legal profession is not just about practicing law, it is more than that.  It is an ever-growing process to learn. It is very important to share your thoughts and views with the public at large and then have a critical analysis of your thoughts from others. This is one of the best ways to grow and learn.

    My articles reflect my insights on the issues related to reluctance in granting bail, overburdening the already overburdened jails by non-strategical imprisonment, and my thoughts on alternatives to imprisonment.

    The reluctance of granting bail to the accused is an issue that has recently been pointed out by the Hon’ble CJI D.Y. Chandrachud as well. As a progressive nation with an independent judiciary that believes in the idea of transformative constitutionalism, there is a need to have an effective change in the criminal justice system to make provisions regarding the alternatives to imprisonment.  Through my writing, I hope to encourage meaningful conversations about these important topics and promote reforms that can lead to a more just criminal justice system.

    As a member of various complaints committees, you have likely seen how the law impacts people’s everyday lives in profound ways. What do you believe are some of the most pressing legal issues facing India today, and how do you think they can best be addressed?

    Working in several complaints committees has given me the exposure to see first-hand how the law leaves an impression on people’s lives in remarkable ways. I believe the most pressing legal issues which India is facing today are, the lack of equal access to justice for all, the lacunas in our justice system, being less vocal and active in addressing gender-based violence and discrimination, and the inability to protect and defend the rights of marginalized communities.     

    The best way to address these challenges is to promote legal literacy and awareness. This can be done with the help of various law schools in India, and by enhancing the efficiency of our justice system by being more alert on the issues related to corruption. It is important to work towards creating an environment that is more inclusive to protect the rights of everybody. Additionally, efforts must be made to address the root causes of social and economic inequality, which can exacerbate legal problems for marginalized communities.

    Lastly, what advice would you like to give to all the law graduates who are at the beginning of their careers?

    As a legal professional with several years of experience, I would advise young law graduates to continually strive to expand their knowledge base. Since the field is constantly evolving, it is imperative to stay up to date with the latest developments.

    Another significant piece of advice for young lawyers is to be patient in their quest to have an independent legal career. By expecting success overnight in this challenging field, they set themselves up for disappointment. However, through persistent efforts and dedication, they can achieve their goals and make a lasting positive impact on society.

    Get in touch with Anuja Pethia-

  • A lawyer must always remain humble and a student for life- Shivangi Prasad, Author & Co-Founder, Equilibrio Advisory LLP

    A lawyer must always remain humble and a student for life- Shivangi Prasad, Author & Co-Founder, Equilibrio Advisory LLP

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Did you always choose to be an advocate or there were other plans as well?

    I actually wanted to convert my love for painting and creativity into a career and I wanted to be a fashion designer. However, law also always seemed very exciting and I ultimately decided to choose this path. Today I can safely say that I made a good decision. There is immense pleasure in serving the society in a way I am able to do now. Everyday there is a sense of calm and peace and that belief that I made a difference.

    How challenging has it been maintaining a work-life balance and how young legal professionals can learn to strike that balance in their professional lives?

    Today’s working environment has a lot of pressures attached to it with several deadlines and deliverables and deliverables are required as of ‘yesterday’. Running a firm has required me to be on my toes for different reasons everyday. It has been overwhelming on many days too! One thing that really works for me is to try and visualise my week as much as possible and plan it in advance. When I started I felt like planning itself takes 2-3 hours of my time and I couldn’t plan days to the T as there would always be surprises but taking some time to plan my days has really helped me in the long run. It just provides a method to the madness. Further, I have a team of 20 currently. Planning helps me plan their work as well which in turn means they are prepared. In fact, I have often recommended planning in advance to my associates as well and I can see that when they do that too, there is less anxiety, quick delivery and better work life balance. Some days, as I mentioned, can be exceptional depending on sudden work demands. In such situations, its important to prioritise the most important deliverables and be aware that certain other deliverables may suffer and be prepared to let somethings go.

    With having such a great experience on POSH and training in the same, according to you what creates an obstacle for a great work environment in any organisation?

    After having conducted 250+ trainings and 200+ inquiries on this subject, I can safely say that it’s a culmination of a lot of things. There can be several factors that create obstacles for a great work environment in any organization and it can also include aspects such as micromanagement, unhealthy competition, lack of recognition and appreciation etc. However, in the context of the work I do, I think some of the below play a key role:

    1. Lack of respect: Sometimes, based on the complaints I get, it appears as though there is complete disregard for respect for the other person. There is nothing wrong in asking a person out. However, in spite of repetitively and clearly stating that one may not be interested, there still appears to be lack of respect for that decision and constant follow ups. This leads to mental breakdowns sometimes and complaints.
    2. Miscommunications – intent vs. impact: Sometimes, what a person says is very different from what a person understands. While one may say something to help the other, the other feels as though their private space is being invaded in, for example. This also acts as an obstacle for a great workplace. Further, when there is a lack of open and honest communication between management and employees or among team members, it can create confusion, misunderstandings, and a lack of trust.
    3. Inadequate leadership and vision: if leaders do not walk the talk and themselves engage in inappropriate behaviour, there is very little for others to learn. Abusive language is often considered as cool in modern workplaces and the impact is that right from leaders to new joinee – everyone ends up speaking the same language. New joinees often feel ‘that’s the way it is’ and they must become a part of the culture to really be a part of the culture. Often leaders also misuse their position and engage in harassing behaviour knowing that very few people to no one may have the courage to report – thereby percolating the behaviour throughout the fabric of the organization.
    4. Unfair or unequal treatment: Discrimination, bias, or favoritism also ads to toxic work environment that erodes trust and morale. While there are more and more regulations coming in, it is important to inculcate the practice of equal treatment to all.

    You can read more in my book – Handbook on the Law of Sexual Harassment

    What was that one case in your life wrt POSH and Child Safety at work that completely shocked you? If you could share some brief facts about it?

    Given that instances such as these have to be dealt with confidentially, I am not at liberty to discuss facts of any of the complaints I have handled. However, I can certainly say that most of the complaints feel shocking still even after having handled hundreds of them. This is not an area of work where you ever receive a pleasant concern. Anyone looking to work in this space, must consider the fact that such complaints may (most of the times) feel deeply inappropriate, triggering and may even lead to emotional or mental breakdown in extreme cases. Most of the times complaints that involve sexual assault or rape are the most disturbing. One example that I can think of right now is a case in which a child was raped by the father and the mother was aware of it. She did not say anything as she did not want the name of the family to get ruined.

    Congratulations Shivangi on your publications on several topics! But as digital media creates mis-information as well sometimes, how beneficial are the newly built websites and journals for updating yourself wrt regulatory changes?

    I think this is a very important and a relevant question today. I think we have a mix of ways in which information is being put out– some are very professional and sensitive (and that may give you the right information). Some on the other hand may use CHAT GPT for example to create content which you absolutely cannot depend on! also, this culture has someone got stuck to students in a way that often interns quote website links (which could be news paper articles) as legal reference to a legal opinion. They also write down opinions on laws based on quotes mentioned in articles without reading the actual clauses. That gets me worried sometimes as most of the information is misinterpreted. Its important for law professors as well as professionals to guide students and teach legal research. My website www.poshatwork.com also provides regular updates on the law, however, we always always always analyse the original copy of the judgment or the law to put out any summary as well. Anyone who decides to publish must take responsibility because the moment you put out an information, there are people who may depend on it.

    What are the problems according to you that are still encountered by the LGBTQ youth in India?

    Its almost impossible to list down the challenges here given there are so many. The few top ones based on my research, observation and discussions with those impacted appear to be:

    1. Lack of awareness (while a lot has changed, people still tend to use insulting language, they grapple with stereotypical understanding of the community, people misgender, deadname others due to lack of understanding around gender affirmation, people also assume a lot about bisexuality for example which may be completely incorrect)
    2. Discrimination (with lack of awareness comes discrimination. As a result most people from the community are still closeted)
    3. Lack of inclusion (with being closeted comes an apparent lack of inclusion. Even if one is getting an opportunity or doing well for themselves, the society will never know, they will never learn. As a result while things are changing slowly however most people from the community don’t get equal opportunity– be it in education or employment or any other aspect of life. Its like a vicious circle).
    4. Absence of equitable measures (there have been generations of wrong committed. Our society needs equitable measures to correct those wrongs. While some states have launched some measures which have been effective, a lot more needs to be done)
    5. Lack of facilities (infrastructure and facility needs to develop for inclusion. We do not have unisex public bathroom. Public buses are a challenge for trans folx. These need to go through a change and everyone needs to play their part).

    The law does mandate duties for all of us. You can read more about them in my book – Handbook on the Law for Protection of Rights of Transgender Persons’.

    As a legal professional with such great achievements, what motivates you to push harder than yesterday? And what is the role of mentoring specifically in the legal industry?

    As mentioned earlier, making a change everyday pushes me harder. It’s a fantastic feeling to have helped resolved a concern. As a firm, we have conducted 1500+ inquiries, 2500+ trainings and created awareness amongst 3L+ individuals directly excluding all our social media efforts. I believe that’s a good step towards building respectful workplaces but a lot more needs to be done.

    Also as mentioned earlier, today its extremely important for law professors and professionals to nudge students in the right research direction. I may sound outdated, but based on my experience with most students so far, in the world of AI and everything else, somewhere the quality of legal opinions is losing the battle!

    Finally, a word of advice for the upcoming legal professionals?

    Society and law are intertwined. If you have chosen this field, don’t shy away from reading about new developments. A lawyer must always remain humble and a student for life.

    Get in touch with Shivangi Prasad-

  • For all such major steps undertaken by Indian Government to promote business in India, we need a strong legal framework in India for its successful implementation and contribution towards India’s economic growth- Tejveer Singh, Independent Legal Counsel

    For all such major steps undertaken by Indian Government to promote business in India, we need a strong legal framework in India for its successful implementation and contribution towards India’s economic growth- Tejveer Singh, Independent Legal Counsel

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Sir, in order to start this conversation, could you please tell us about your decision to pursue law and CA?

    I was always inclined toward general reading and contemplating on social and economic issues. I had an immense interest in reading books relating to law, commerce and business. I still recall debating with friends and families about the effective implementation of government policies and decisions and their impact on the businesses or lives of common people.

    During those days, it was not common to secure both degrees together. So initially,  I was slightly uncertain as to which course to pursue and then luckily I came to know about probably one of the most successful and knowledgeable lawyers, Mr. Harish Salve, who is a chartered accountant, but a practising lawyer. Inspired by his intellect and quick-witted representations, I decided to accomplish both academic qualifications. That’s how my professional journey as a practicing lawyer started.

    Can you tell us about your experience handling commercial disputes before the High Court and NCLT?  

    Handling commercial disputes before various forums is a tremendously enriching experience. When a commercial dispute is brought before us by a client, it gives us perspective on how a brilliant and successful businessman can get affected due to bureaucratic rigmarole or lack of awareness of implications of certain applicable laws. In such a critical situation, if we are able to take out knots and smoothen the already tricky road of doing business, are swift in decision making and providing various alternatives to clients suitable to him then it leads to immense satisfaction and value creation for businessman. Since the legal profession is a service, if you think of rendering services as rendering of services with ethics and integrity , then you will be able to devote yourself fully with strong conviction which can bring great satisfaction to your life and professional success.   

    How have you contributed to the evolution of transfer pricing laws in India, and what role have you played in the BEPS initiative?

    The world trade interse between the companies is growing a lot . Hence, various business transactions between the same entities of an umbrella company provide the opportunity to corporations to  manage transactions in such a manner that profits are shifted to lower tax countries. Transfer pricing provisions are introduced in the Income Tax Act’1961 in the year   2001 to deal with possibility of such abuse. I have more than 50 reported judgments in transfer pricing arena in my name over the years. So I have seen evolution of these provisions in India. Initially, when these were introduced in India, they were intentionally drafted in such  a manner that it would be easier to adapt in accordance with the prevailing business environment to achieve the objective behind such provisions. The government has been successful in doing so to a certain extent whereas, in its implementation process, the Government made certain mistakes but by and large, the concept or framework that each country shall get its fair share of taxes is gaining momentum and putting a curb on shifting profits to lower or nil tax countries. It is now accepted by all countries and across all the international trade bodies by way of OECD framework ensuring a more transparent tax environment.

    What has been your most challenging case to date, and how did you handle it?

    Well, in many cases we are required to sign nondisclosure agreements. Hence, I would not be able to answer this question in terms of client and case details. But what I can say is in the current legal environment won the biggest challenge that business houses are facing is dealing with regulators. The client is not looking forward to obtain any order from the court having Precedent value, but is more interested in resolving the issue so that he can execute his future business plan of action efficiently. Hence, as a lawyer, you can look at the issue from the perspective of solving a problem rather than trying to get into the nitty-gritty of law and taking the issue to the court. In that scenario, you would be a far more accomplished and dependable lawyer. In one of my most challenging cases, the solution we came out with was so simple which led to out of the court settlement by merely filing a letter with the regulator.

    Can you share your experience in facilitating foreign direct investments in various sectors?

    FDI transactions have different challenges for different sectors. For the manufacturing sector, the issues such as a laundry list of statutory compliances – both general as well as sector specific, deter an investor from taking a position in India. The ease of doing business initiative taken by GOI will go a long way in addressing such challenges. For the infrastructure sector, the main sticking point is an efficient dispute resolution mechanism so as to avoid projects getting stuck due to disputes. In the IT sector, a rejig in the corporate structures (including externalisation) so as to have tax optimisation is the biggest challenge. Rationalisation of capital gains tax – bringing it at par with the jurisdictions with whom India has tax treaties is the key to facilitate investment in IT sector especially investments chasing inorganic growth.

    As someone with expertise in information technology and entertainment, how do you see the legal landscape evolving in these industries?

    The rapid rise of technology and the internet has fundamentally changed the landscape of the entertainment sector. The legal sector faces a huge backlash when it comes to this since people are rapidly adapting to the new technologies being developed but it is not the case with law. Let alone there being law in place governing these developments such as Artificial Intelligence, blockchain technologies, presence of Metaverse, the legislature faces major criticism from its own citizens since they have not only repealed the existing data privacy laws, but also not put the new data protection bill into effect. The developments in information technology come with their own complex legal issues as well such as data breaches, breaches of privacy, cyber harassment etc. Artificial Intelligence which is being used at majority workplaces including law firms is not regulated by law. Thousands of cases have been filed at various levels of judicial courts involving matters relating to blockchain technologies, metaverse and artificial intelligence but matters keep getting adjourned or are not admitted in the initial stage citing lack of jurisdiction since there is no law basis which the judiciary can come to a decision.  The government created a havoc amongst the public by implementing a 30% tax on NFT’s without having a law in place which authorises the imposing of such tax.

    With regards to the entertainment sector, the legislature is prompt in taking action and giving immediate effect to certain guidelines and regulations that mandate and prohibit the advertisements and use of certain language, content etc. or to govern the digital creators, influencer and social media aspect of entertainment. However, there is still ambiguity with respect to entertainment in digital space as it subject to varied interpretation.

    The entertainment industry in India has witnessed growth in many folds and now the entire world has started recognizing Indian entertainment industry as well. The legal landscape has been progressing due to the expansion of digital platforms and various streaming platforms and models, which have evolved the traditional business models into extremely competitive business.

    The amendments in 2021 to the Cinematograph Act, which give the government power to regulate digital content and streaming services have raised issues in the entertainment industry. Also, copyright laws in India have also been developed to combat piracy and protect intellectual property rights.

    How do you balance your roles as a legal professional and a chartered accountant, and how does this dual qualification benefit your clients?

    I have been handling tax and commercial litigation since starting my legal professional journey where my CA qualification has helped in better understanding Taxes and business environment in which transactions are undertaken  . Additionally, the pragmatic and worldview of financial analysis across various sectors and in-depth knowledge has been possible due to my CA qualification which benefits me to a great extent in corporate and tax litigation. However, sometimes I need to specifically focus on the legal aspects involved in the case rather than going into a detailed analysis of financials from a CA prospective.

    Can you share your thoughts on the current state of the Indian economy and its impact on corporate and commercial law?

    India remains one of the fastest growing economies in the world in recent times. Reserve Bank of India (RBI) recent report reassured that the current will be a year for the Indian economy to strengthen its position on the global stage. The same is validated by the world bank’s report that global slowdown has much lower impact on India as compare to other emerging economies. 

    India challenged global trends in 2022 and successfully witness record M&A activity. Despite economic hurdles and disturbances due to geopolitical factors, Covid impact and a global consumption slowdown, the World Bank revised its 2022-23 GDP forecast for India to 6.9 percent from 6.5 percent (in October 2022).

    Further, the Indian government has been taking numerous steps to bring in foreign direct investments (FDIs) and brought commendable amendments to “Ease of Doing Business” in India to attract further foreign funding into India.

    For all such major steps undertaken by Indian Government to promote business in India, we need a strong legal framework in India for its successful implementation and contribution towards India’s economic growth. This leads to a positive impact on the requirement of more expertise in corporate law and commercial law supporting the corporates in establishing and growing their business.

    Coming towards the end of the conversation, what advice would you give to young professionals who aspire to have a career in corporate and commercial law?

    A legal professional is expected to be well versed with various applicable laws and regulations.  Gaining that knowledge and experience has no alternatives but a self-driven focus and discipline toward the thorough self-study of various applicable laws. A legal professional becomes apart from other professionals by virtue of their problem solving attitude and accepting new challenges every day.

    I would like to advise young professionals to capitalize the advantage of their internship and their senior’s experience and then decide on the preferred areas of practice. There is a saying that we do our best work if we do a job that makes us happy. The legal profession is that profession which has such an extensive scope in the current scenario that gives tremendous options to make a career in corporate and commercial law and lead a very satisfying and successful life and also do good by service to others .

    Get in touch with Tejveer Singh-

  • I believe that more minds need to understand and work on laws to govern emergency technology – Lynn Lazaro, Partner and Head of IP, Kochhar & Co., Bangalore

    I believe that more minds need to understand and work on laws to govern emergency technology – Lynn Lazaro, Partner and Head of IP, Kochhar & Co., Bangalore

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Ma’am, as a conversation starter, please tell us reason behind you choosing law as a career? 

    I don’t come from a family of lawyers, so choosing law as a profession wasn’t the typical choice at the time. Law as a career played to my strengths. I was generally a curious child and I enjoyed reading, with a strong sense of self and wanting to do what’s right. Being a lawyer seemed like something I would enjoy for the rest of my life, and I still do 17 years later.

    Could you please elaborate your role as a cross border IP transactional attorney? 

    I assist foreign businesses that want to protect their IP in India, from identifying their IP assets to developing a strategy on how to protect this IP. This could range from a simple trademark or patent filing to a complex contentious dispute. In the transactional space, I assist international companies doing business in India by helping them negotiate the purchase or license of their IP assets. IP law in India has certain nuances that differ from other jurisdictions, particularly with the transfer of IP assets from one entity to another. My experience with these types of transactions has allowed me to provide very specific advice to companies where innovation is part of their business structure.

    How was your experience as a teaching assistant at La Trobe University? And what were your learnings from the same? 

    While I did my masters at university in Melbourne, I got a part time job as a teaching assistant in the same university. The role was to teach third year business students the Australian Corporations Law module. I would take the class with around 100 students in groups of 10-15 a class and go over their class work. It was pretty apparent from the start that these business students had no interest in law and were compelled to take the class as part of their business studies. So, I would set them interactive assignments, like play acting the cases that I needed them to remember. It was the most fun job I’ve had in my life. My biggest learning was not to take life too seriously and that work can be lots of fun.

    What keeps you motivated at work? 

    Motivating oneself is simply perspective. You can look at it as long shifts and mental exhaustion or you can feel the satisfaction of helping a client or winning a case. I choose the latter and that motivates me to put my best foot forward every day. Another huge motivation for me is to explore areas of law that many are afraid to touch, like the Metaverse and AI related concerns. This isn’t brand new; I’ve been watching and learning about this space for a few years now. I believe that more minds need to understand and work on laws to govern emergency technology. I’m very excited for the future.

    How do you spend your time off? 

    Like any other working parent, most of my time off is spent with my kids and their activities. It’s a balance of doing chores and spending time with the family. I have two daughters who will grow up to join other powerful women in the workforce. I am reminded daily of my duty to ensure that I lead by example.

    Coming to last question, any advise you would like to give to the budding lawyer out there?

    I’ve noticed lately that new graduates want jobs in one specific field of law right out of law school. Real world experience is needed for overall growth as a lawyer so my advice to new graduates would be to explore working in different fields of law initially before choosing to specialize in one or the other. Corporate law, in particular, is interconnected and an M&A lawyer with IP experience or a employment lawyer with some M&A experience would have an added advantage.

    Get in touch with Lynn Lazaro-

  • Personally, as a senior lawyer at the firm, I feel a great sense of responsibility towards training and mentoring younger lawyers- Akshay Sachthey, Associate Partner, Phoenix Legal

    Personally, as a senior lawyer at the firm, I feel a great sense of responsibility towards training and mentoring younger lawyers- Akshay Sachthey, Associate Partner, Phoenix Legal

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    To start the conversation, please tell us about your decision to pursue law. You graduated with an Honours in Economics. What made you choose the legal profession?

    Pursuing law was somewhat of a passive decision. My grandfather and uncle were both Senior Advocates of the Supreme Court. Although I did not have much first-hand exposure to the profession with them, given that law runs in the family, it was always in the mix for me. So when I completed my Economics degree and was considering my next move, naturally, law was one of the options. My father nudged me to enrol at the Faculty of Law at Delhi University and that was that.   

    What drew you to corporate law instead of litigation?

    I did intern with a few litigation chambers but most of my time was spent with corporate firms, the longest stint being at Phoenix Legal. I was instantly drawn to the extremely professional set up of the firm and the finesse and sophistication with which the firm’s lawyers were able to advise businesses. I was also fascinated by how corporate law allows you to have an insight into the entire workings of a business. A corporate lawyer plays a key role in advising a business through its entire life cycle – from setting up, operationalizing and carrying on day-to-day activities to shutting shop.

    You have been with Phoenix Legal since you started practising and have risen up the ranks at the Firm. You have also earned accolades from global ranking agencies. According to you, what does it take to make a successful corporate lawyer?

    I have been rather fortunate, having had the right guidance, exposure and support from my colleagues and clients and I think these factors go a long way in shaping the career of a young  lawyer. Having said that, the usual ingredients of hard work, focus and dedication are pre-requisites in our professional without a doubt. Clients expect their lawyers to be professional, responsible and reliable. The journey can be a grueling one and so it is important to hold on to something that keeps you driven and motivated. This could be anything – a knack for problem solving, a competitive streak or something else.

    How important is it for young lawyers to have a mentor to guide them and look up to?

    Extremely. I have been privileged to have been surrounded by accomplished and well-rounded professionals from the start of my career and have drawn guidance and inspiration from them. So personally, I feel a great sense of responsibility towards training and mentoring younger lawyers. In my view, this is key to building a strong ecosystem and a successful corporate practice. A young lawyer’s formative years can be gruelling and it is important for them to have the right guidance. I believe it is also important for leaders and senior lawyers to build an EQ. Something that is surprisingly uncommon in our profession.

    You have diverse experience in different areas of corporate laws. What are your thoughts on the generalist vs. specialist debate?

    Given the pace at which the legal and regulatory environment is evolving in our country, the specialist lawyer undeniably has relevance today. But for me personally, being a generalist has been what I enjoy most about my practice and I’ve been fortunate enough to have had that exposure from ground zero. From advising on an M&A deal one day to dealing with a tax or regulatory proceeding the next, it keeps me on my toes. I am constantly exposed to new areas and issues of law which I feel has given me a well-rounded perspective. I feel that clients do see value in a professional who is able to provide a holistic take on a business problem.

    What do you find most rewarding about your work?

    The satisfaction that comes with resolving a business problem for a client. This could involve something as big as achieving a successful outcome in an M&A transaction or legal proceeding or something as small as providing a clear response to a client’s query.


    Where do you think the practice of corporate and commercial law is headed in the years to come? How do you see things evolving?

    I think legal as a function is being viewed more and more by businesses as a business-enabler rather than a cost centre. There is a flurry of regulatory activity across the country and businesses are more compliance conscious than ever before. In-house legal teams have grown in size and are increasingly active. AI and legal tech already has heads turning and will undeniably make an impact. At a macro level, I feel that a lot of the inefficiency that exists in the system will be weeded out. My sense is that clients and businesses will tend to look more for strategic and high-level advice and corporate advisory as a practice will grow. This brings a big smile to the face of a corporate advisory lawyer like me.

    As a corporate lawyer in private practice, you must have a busy schedule. Please tell us how you maintain a work life balance. 

    That’s simple – I don’t ! But on a serious note, ‘pockets of time’ has been my mantra. You will often hear me throwing around this term with a younger lot of lawyers. As corporate lawyers, we are constantly struggling to find the right balance. I feel that both during the busy phases and lighter ones, it is important to find and utilize those pockets of time, however fleeting they may be, to recharge. What works best for me is listening to music, playing the guitar, taking time out for a run or spending time with my family. With a bit of planning, efficiency and a supportive team, this is achievable in most situations.

    Finally, what advice do you have for our audience of young lawyers eager to make careers in corporate law?

    Take ownership of your work. Deal with every task as if you alone are responsible for it. Think like a Partner from day one. This is one the best pieces of advice I’ve received. My own two bits you ask? Work hard but also work smart. You will deal with a variety of clients and colleagues and different things will make them tick. Be adaptable and perceptive.

    Get in touch with Akshay Sachthey-