Super Lawyer

Category: Associates, In-House Counsels and Advocates

  • Since a patent is generally applied for an invention which is novel and inventive in nature, it is very important for a patent lawyer to be well-versed with technology-Chinthan Japhet, Associate Partner- Intellectual Property, Krishnamurthy & co. (K Law)

    Since a patent is generally applied for an invention which is novel and inventive in nature, it is very important for a patent lawyer to be well-versed with technology-Chinthan Japhet, Associate Partner- Intellectual Property, Krishnamurthy & co. (K Law)

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

    To start this conversation, please tell us about how you ended up pursuing law after pursuing B. Tech. What made you switch your profession from an engineer to a lawyer?

    Indian families continue to express an undue preference for careers in engineering and medicine, to the exclusion of all else. Fortunately, for me, I had a natural inclination towards the sciences and technology and did not in the least bit mind the push towards engineering. However, the decision to then forsake a reputed job in engineering for something as alien as patent law is not something that went down very easily with my family. After a prolonged debate with them, I was able to convince them that their ideas of law and its potential for social change and empowerment influenced me considerably. And that the best way for me to marry my interest in law with engineering was through patent law, a rather specialized field of law that was gaining prominence in India. I consider myself blessed to have found my niche so early in life without much experimentation.

    What was your motivation behind pursuing LLM with a specialization in IPR from USA?

    After having gained sufficient work experience on Indian patent law by working in a reputed IP boutique law firm in Mumbai, I wanted to increase my range of knowledge on patent law of other jurisdictions as well. U.S.A was my first option , since I was intrigued with the advanced patent law system there. It is also very important for a patent lawyer to have knowledge of the patent practice across various jurisdictions. As an example, an Indian patent lawyer is required to be abreast with patent practices across jurisdictions such as the US, Europe, Japan, etc, since a lot of Indian tech companies have international presence in these jurisdictions. In order to gain a competitive advantage in these markets, it is essential for these Indian tech companies to obtain patent protection therein. Taking into consideration these aspects, I decided to pursue an LLM with specialization in IPR from Illinois College of Law, US which specifically caters to candidates interested in pursuing a career in patent law.

    Could you tell our audience about the article which you wrote on “Software Patents -An Indian Perspective”?

    The above-mentioned article discusses the patent protection for software related inventions in India. At present, since software is the core of most of the technological innovations, is considered to be the driving force with respect to current developments across sectors such as automobile, healthcare, manufacturing, networking, telecom, etc. In addition, software programs have helped in developing cutting edge technologies, such as artificial intelligence, machine learning, Internet of Things (IOT), blockchain and cognitive computing. Since there is a lot of confusion around patenting software related inventions in India, we have summarized our observations on the same based on Indian case laws and the practice followed by the Indian patent office.

    Could you please elucidate your role as an Associate Partner with Krishnamurthy & Co (K Law)?

    I head the patent and design practice at K Law. Since our firm is a full-service law firm, other than the core patent and design practice, such as-prosecution, analytics and litigation, we also advise clients on IP aspects in relation to M&A, private equity and venture capital transactions.

    What hardships did you face during the initial days of your career and how did you overcome them? 

    During my initial days in the patent field, learning the art of patent drafting took some time, as there are no specific formats for drafting a patent application. Each patent lawyer will have a specific style of drafting patent applications. Therefore, to inculcate a specific style of patent drafting, which legally would be acceptable was a challenge. I overcame this challenge by going through numerous granted patent applications in India and other jurisdictions, to develop a specific style of drafting for various arts, such as electronics/electrical, mechanical and software related inventions.  

    What qualities do you think a good Patent Lawyer must possess?

    Inventors consider an invention as their own baby, since a lot of time and effort would have gone into developing the same. In this regard, a good patent lawyer must possess the following qualities in order to facilitate the inventor in monetizing the patent:

    Well-versed with the latest technology: Since a patent is generally applied for an invention which is novel and inventive in nature, it is very important for a patent lawyer to be well-versed with the cutting-edge technology.

    Language: Each term drafted in a patent application may be interpreted in different ways, hence clarity and succintness of language used in a patent application would be essential in ensuring patent protection for the inventor.

    Creativity: Patent lawyers have to be creative as the inventors they work with. For example, check with the inventors whether there are any alternative ways of protecting the technology, how a competitor may try to circumvent the patent, any other interpretation to the drafted patent application and emphasize on the problem that the inventor is trying to solve with the invention.

    Business acumen: A patent lawyer’s responsibility in addition to facilitating in ensuring patent protection for the invention is to enable the patent owner to monetize the patent. Therefore, apart from the technology, the patent lawyer should be aware of the competitors, market for the patented product, jurisdictions, where the patented product may be sold, etc. Basis which, the patent lawyer should develop a strategy in order to ensure the client uses patent as a tool in order to gain a competitive edge in the market and monetize the patent.

    Lastly, please tell us what keeps you motivated.

    Inventions whether just an improvement or a breakthrough cutting edge technology, make the world a better place. As a patent lawyer, we are privileged for having helped the inventors deploy the invention to the public. This is what keeps me motivated.

    Get in touch with Chinthan Japhet

  • I’ve always been fascinated by the legal profession and the way it shapes society- Marinos Cleanthous, IP Attorney (EU) – Founder of IP CYPRUS – Appointed Member by the Cyprus Government of the Cyprus IP Committee

    I’ve always been fascinated by the legal profession and the way it shapes society- Marinos Cleanthous, IP Attorney (EU) – Founder of IP CYPRUS – Appointed Member by the Cyprus Government of the Cyprus IP Committee

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

    Sir, can you share with our readers what specifically inspired you to take up a career in law? How did you drill down among various fields of law and chose IP as your area of expertise?

    I’ve always been fascinated by the legal profession and the way it shapes society. What drew me to law specifically was the opportunity to help people and make a positive impact in their lives. I was initially attracted to the idea of becoming a litigator, but as I learned more about the different areas of law, I became particularly interested in intellectual property (IP).

    I found IP to be a compelling area of law because it involves the protection and enforcement of intangible assets like ideas, inventions, and creative works. As someone who has always been interested in technology and innovation, IP law presented an opportunity to work with cutting-edge companies and help them safeguard their intellectual property rights.

    To drill down further and choose IP as my area of expertise, I began researching and speaking with professionals in the field. I was particularly drawn to the complexity of the subject matter and the constant evolution of technology and the law. It’s a field that requires a deep understanding of both legal principles and scientific concepts, which appealed to my analytical and problem-solving skills.

    Overall, I believe that a career in IP law is incredibly rewarding and allows me to combine my passion for technology with my desire to help others.

    What steps did you take when you were back at law school to become the successful IP attorney, you are now? Tell you us briefly about your career path.

    When I was in law school, I focused on courses that were relevant to IP law, such as patents, trademarks, copyrights, and trade secrets. I also sought out internships and clerkships with law firms that specialized in IP law to gain practical experience and exposure to the field.

    After graduation, I joined a law firm as an associate and worked on a wide range of IP matters, including EU and Cyprus trademark and designs cases. I learned a great deal from my colleagues and gained valuable experience in managing client relationships and  drafting legal documents.

    Over time, I developed a reputation in the IP community and began to receive more complex and high-profile cases. As my career progressed, I also became involved in teaching and mentoring younger attorneys interested in IP law. I have lectured at Nicosia University Law School and industry events, and have served as a mentor to several young lawyers starting their careers in this field.

    Looking back, I believe that if you want to be a successful  IP attorney you need to combine hard work, dedication, and a willingness to learn and grow. I never stopped seeking out new challenges or opportunities to expand my knowledge and skills.

    How important do you think IP strategizing is for start-up companies? Most start-ups are not high on investments, therefore what are must-dos for start-up companies from an IP perspective?

    Intellectual Property (IP) strategizing is crucial for start-up companies, regardless of their size and investment capacity. Protecting their ideas, inventions, and brand is essential for their long-term success and competitiveness in the market.

    Here are some must-dos for start-up companies from an IP perspective:

    Conduct a thorough IP search: Before starting any IP filings, it is important to conduct a thorough search to ensure that your idea/invention/brand is not already patented or trademarked. This will help you avoid any potential infringement issues and unnecessary expenses.

    File for patents and trademarks: Once you have established that your idea/invention/brand is unique, it is important to file for patents and trademarks to protect your IP. This will help prevent others from copying, using or selling your invention/brand without your permission.

    Draft non-disclosure agreements (NDAs): NDAs can protect your confidential information and prevent others from stealing or copying your idea/invention/brand. It is important to ensure that anyone you share your idea/invention/brand with signs an NDA before doing so.

    Build an IP portfolio: As your start-up grows, it is important to continue to build your IP portfolio. This will not only help protect your existing IP but also enable you to develop and protect new ideas/inventions/brands as your business evolves.

    Monitor your competitors: It is important to monitor your competitors to ensure that they are not infringing on your IP rights. If you suspect infringement, it is important to take prompt action to protect your IP.

    In conclusion, IP strategizing is a critical component of any start-up company’s success. By taking the necessary steps to protect their ideas, inventions, and brands, start-ups can increase their chances of long-term success in the market.

    Sir, despite your busy schedule as an IP attorney, you are an eminent multi-tasker. You have been listed as the “leading individual” in the field of IP law in Cyprus (LEGAL 500) and you have also acted as the Intellectual Property and Creativity Mentor in many Cypriot Institutions. Can you tell our readers how to go a mile ahead and contribute to the legal fraternity?

    Thank you for your kind words. Indeed, as an IP attorney, I have been fortunate to be recognized as a leading individual in the field of IP law in Cyprus. And I am also grateful for the opportunities I have had to serve as an Intellectual Property and Creativity Mentor in various Cypriot institutions.

    When it comes to contributing to the legal fraternity, my advice would be to focus on two key areas: expertise and community involvement.

    Firstly, it is essential to strive for excellence in your area of expertise. This means investing time and effort to develop a deep understanding of the law and its practical application. It also means staying up-to-date with the latest developments in your field, such as new legislation, case law, and industry trends.

    Secondly, it is equally important to be involved in your local legal community. This can involve participating in professional organizations, attending conferences and seminars, and volunteering your time and expertise to support legal aid programs and other initiatives that benefit the wider community.

    By combining these two areas, you can not only advance your own career but also make a meaningful contribution to the legal fraternity. I believe that we all have a responsibility to use our skills and expertise to give back to society and help build a better future for all.

    You are a member of several active Intellectual Property Organizations, like INTA (International Trademark Association), PTMG (Pharmaceutical Trademarks Group), AIPPI (International Association for the Protection of Intellectual Property), and Silicon Valley IP Law Association. How do you think active participation in these forums helps IP professionals to enhance their careers?

    Active participation in those Organizations can be incredibly beneficial for IP professionals in many ways. Here are a few reasons why:

    Professional Development: These organizations offer numerous opportunities for IP professionals to enhance their knowledge and skills through various workshops, seminars, conferences, and training programs. Such events provide insights into the latest developments and trends in IP law, which can help professionals stay up-to-date with the ever-changing legal landscape.

    Networking: Participating in these forums offers a great opportunity for IP professionals to network with peers, clients, and experts in their respective fields. Such connections can lead to potential business opportunities, new clients, and even job offers.

    Exposure: By participating in these organizations, IP professionals can gain exposure to the international community, which can help expand their reach and potentially lead to global opportunities.

    Professional Recognition: Active participation in such organizations can help IP professionals establish themselves as thought leaders in their respective fields. By sharing their expertise and contributing to discussions, they can gain recognition and respect from their peers and potential clients.

    Access to Resources: These organizations offer access to a vast range of resources like legal databases, research papers, and other tools that can help professionals stay informed and efficient

    Sir, in your opinion, how do you think AI like ChatGpt would impact one’s IP rights?

    AI is increasingly being used in various industries to improve productivity, efficiency, and accuracy. While AI can undoubtedly contribute to innovation, there is also a concern that it may lead to a potential lack of creativity. For example, AI-generated content may lack the nuance and uniqueness that human-generated content can bring.

    Regarding IP rights, AI-generated content and inventions can still be protected under current patent, trademark, and copyright laws. However, the question of who owns the IP rights for AI-generated works can be more complex. Typically, the person or entity who creates the AI or employs the AI would hold the IP rights. However, there are situations where AI may generate an invention without human intervention, and in those cases, the AI may be considered the inventor.

    Despite the potential challenges, AI has the potential to create new patents and IP rights that were not previously possible. For example, AI algorithms can identify patterns and correlations that humans may not recognize, leading to new inventions and innovations.

    In conclusion, the impact of AI on IP rights is a complex issue that will require ongoing attention and analysis as AI continues to advance. Nonetheless, it is clear that AI has the potential to both enhance and disrupt the current IP landscape.

    Sir, what would be your advice for young law graduates who intend to set their career in IP Practice?

    Firstly, I would suggest that you keep yourself updated on the latest technological advancements as technology plays a crucial role in IP practice. With the rise of Artificial Intelligence, Blockchain, and other emerging technologies, it is essential to stay up-to-date with the latest developments in these areas. This knowledge will help you better understand the legal and practical aspects of IP protection and enforcement.

    Secondly, networking is crucial for building a successful career in IP practice. Attend conferences, seminars, and workshops to connect with other professionals in the field. Build a professional network, seek out mentors, and engage in discussions with experts to stay updated on the latest industry trends and legal developments.

      Get in touch with Marinos Cleanthous-

  • Commercial law can be very interesting. Everything depends on the lenses through which one views the world!- Neela Badami, Partner at Samvad Partners

    Commercial law can be very interesting. Everything depends on the lenses through which one views the world!- Neela Badami, Partner at Samvad Partners

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

    Ma’am, we would like to know about your motivation to pursue law.

    I have always loved working with words and with people. I also thought I was good at problem solving. I love books and felt that would help in a career where I imagined the ability to be comfortable with processing large volumes of text was a plus point. I felt the law would give me the forum to marry all the things I enjoy doing.

    Was it your aim to become a gold medalist or it just happened?

    I think that gold medal was scored in a course which was taught very well, and that I enjoyed. A good teacher can make the driest subject matter interesting and bring alive its human dimensions. Since my interest was kindled, I had fun studying the subject. Then the gold medal ‘just happened.’

    Please elucidate about your experience of pursuing LLM from the University of Michigan Law School.

    One of the best decisions of my life, I think. I chose Michigan for a few reasons.

    One, I wanted the experience of living and studying in a small university town (Ann Arbor, in this case).

    Two, the small class size appealed to me. In the LL.M class, we really got to know each other as a group of lawyers from all over the world of all ages, with varied experiences and backgrounds.

    Three, the quality of the faculty and the brilliant mix of courses on offer.  

    I was looking to study both international law and commercial / corporate law, and I had the best of both experiences at Michigan Law. I took corporate law courses with Prof. Vikramaditya S Khanna, and also worked as a research assistant with him. I enjoyed the experience immensely and learnt a lot, including how to think about patterns and connections between law and business; as well as how to ideate projects and test hypotheses that need to be based on vast amounts of data.

    On the public international law side, I attended a course taught by ICJ judge Bruno Simma, called Leading Cases in International Law.

    I also did a handful of shorter courses for sheer joy. ‘Law and Popular Literature’ was a mini-seminar which met once a month over dinner at the home of Professor Gil Seinfeld. Given my love for books, and talking about them over good food and in congenial company, I thoroughly enjoyed this. (For book lovers, here are some of the titles we read: The Nine by Jeffrey Toobin, A Civil Action by Jonathan Harr, Scott Turow’s One-L, A Trial by Jury by Professor Graham Burnett, and In the Shadow of the Law, by Professor Kim Roosevelt). Similarly, the Uncensored History of International Law, taught by Dino Kritsiotis and the late Brian Simpson, was a fascinating course where we did a variety of readings that I remember to this day.

    What did it take to get the opportunity to work as a Law Clerk at the International Criminal Court?

    Serendipity. In 2004, the problem theme in the Philip C Jessup International Law Moot Court Competition was ‘The Case Concerning the International Criminal Court.’ My teammates and I spent close to six months researching and writing up our memorials, taking part in the India qualifying rounds and so on. We were the first team from NALSAR University of Law to make it to the World Finals in Washington DC, so by the time we were done, we knew quite a bit about the ICC. Hence it was quite natural to put in a convincing application for a clerkship. The time I spent in the Hague at the ICC was an incredible learning experience in a multi-cultural, multi-ethnic, multi-lingual environment. The professional bonds forged there were special.

    How did you end up in the commercial area of law? 

    Commercial law can be very interesting. Everything depends on the lenses through which one views the world!

    I have always had varied interests. I think it helps for a lawyer to have a broad vision of the world. After my ICC clerkship I had worked in the Capital Markets team at Amarchand Mangaldas, Mumbai (now CAM), before I went for my LL.M at Michigan. It was a whirlwind of a time since the capital markets were ‘booming’ in 2006-07 and everyone wanted to go public. It was a great learning experience for a young lawyer to be plunged from the get-go into the middle of hectic transactions and timelines. I learnt how to think on my feet, how to process information coming at me from all sides in different forms, and how to handle the variety of stakeholders involved in a public issue (promoters, C-suite folks, investment bankers, lawyers both Indian and foreign, auditors). At large all-party meetings or ‘drafting sessions,’ sometimes I would be the only woman at the table. I think the gender ratios are much better today.

    Going public brings it with a great deal of excitement for companies and it was pleasant to be a very small part of that. As capital markets lawyers we would mark-up advertisements to ensure compliance with the law before issuer companies could plaster them on billboards. I remember how tickled I would feel that a piece of paper I had marked up with a red pen would be magnified 100 times over and splashed on hoardings I’d drive under on Marine Drive.  

    What qualities do you think an M&A Lawyer must possess?

    No two M&A transactions are exactly alike, so I would say the skill to understand first principles thoroughly and then be able to apply them in any context is key. Knowing the basics is crucial to structuring deals in compliance with the law. For new and young lawyers, there is no substitute to reading the Indian Contract Act, the Companies Act, the FEMA and Regulations/Rules made thereunder end to end. Once that is done, understanding the documentation involved in an M&A transaction, why certain clauses are written the way they are written, what is the overall structure of the document, what is its internal logic and coherence, the commercial imperatives behind clauses – all these are very important. The best M&A lawyers understand not just the law and documentation but have excellent project and people management skills as well. Transaction management is both an art and a science and M&A lawyers must wear this hat too in an M&A deal.  

    Please tell us more about your experience in the sectors of fintech, e-commerce and IT.

    At Samvad Partners, I work a lot with startups, corporates, and venture capital and private equity funds. I have been based in the Bangalore office since 2009, so we have been very much a part of the Indian startup growth story. We can only be effective advisors when we understand the business of the client and the counterparties deeply, as well as the regulatory and policy landscape. I think as a firm, we have come to develop expertise in these sectors (amongst others) as we always try to understand the business as well as the technologies of our clients and take a holistic approach.

    IT is a very broad term – I think most of my work has a tech angle to it in some way or the other. A lot of the work I do for our VC/PE clients involves their investments in tech companies, so we really need to understand the business of the target company in order to do an effective due diligence. This can be very exciting since we have to keep pace with rapid changes in technology; the law can be slow to catch up. For example, we recently examined the business of a global company operating in the Web3 space, that wanted to issue tokens instead of shares. Data protection and privacy is another space that we see quite active at the moment.  

    On the fintech side, we have been advising companies on a variety of new business models, including in the space of decentralized finance. We help our fintech clients structure their businesses in a legally compliant manner; as they need to be mindful of increased regulatory oversight.

    E-commerce continues to be an exciting space, as consumers we are thoroughly spoilt for choice! Our work here is similar to what we do for our other clients, helping them with compliance in different areas of law – foreign exchange management, company law, consumer protection, legal metrology, food safety and standards, and so on.

    The last question to you is what advice you would give to our audience who are looking forward to work in The areas of e-commerce, IT law and M&A? 

    It is difficult to say do XYZ to become an expert in these fields. At the end of the day, basics have to be strong because you will need your basics of contract law and company law to stand you in good stead in all of these fields. The other foundation you will need for all these fields is an understanding of the foreign exchange management regime. After the basics comes learning through experience, and reading up on sector-specific law and delegated legislation. Delegated legislation can be a maze. A good practitioner has an understanding of the overall picture and how to navigate the maze.  

    Over time, I have found that one typically does one’s best work when one enjoys what one is doing. So, I’d say, take the time to figure out what area of law you enjoy. Use your internships well to get a sense of the different options available. The same thing needn’t work for everyone. If there is a particular area of work you enjoy, go all-out with it. Read and learn deeply, not just the law/regulation, but white papers put out by regulators and think tanks, similar activity in other jurisdictions – be creative, think laterally, connect the dots in ways that people may not yet have thought of. Use your creative energies to their utmost. Stay abreast with the trends. Don’t expect someone else to make you an expert in the field, take the responsibility to make yourself the expert. Start writing and putting your work out there. Connect with the people in the field you’re interested in, who are doing similar work. Breathe it and live it until you achieve it. (Then, just re-double your efforts! )

    Get in touch with Neela Badami-

  • Pooja Chakrabarti, Partner, Argus Partner on decision to study law, attending University of Oxford, importance of authoring research articles and value of networking

    Pooja Chakrabarti, Partner, Argus Partner on decision to study law, attending University of Oxford, importance of authoring research articles and value of networking

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

    At which point in time did you decide that you wanted to pursue a career in law?

    I belong to a family of doctors and have virtually no lawyers in my family, however, something about the profession always excited me. I do not think that there was a particular point in time when this decision was taken, but in Class XII when I was expected to prepare for Pre-Medical Tests, I found myself looking at Law School brochures instead. Things moved fast and I joined Symbiosis International University, Pune soon after. I do not regret the decision at all and am grateful to have found my happy place.

    You have completed Bachelor of Civil Law from the University of Oxford. Can you share a roadmap which will help graduates aspiring to pursue their higher studies from such prestigious institutions?

    There is no specific roadmap really. Every university is different with distinct parameters to determine eligibility. Standing out is of utmost importance for candidates.

    For University of Oxford, primary impetus should definitely be on securing excellent grades, as the University accepts students from only the top 1-2% in a batch. Besides, it is good to have some solid co-curricular activity on your resume, such as moots, debates etc. Demonstrating passion for a hobby or an interest outside work is also appreciated. Lastly, an original, well-articulated Statement of Purpose helps, which would demonstrate how a candidate is unique. Although I attended Oxford after working for 5 years in a law firm and had never applied for judicial clerkship, many of my classmates had worked as a judicial clerk after graduating from a law school.

    Can you share some of your learnings, both on academic and non-academic fronts, while you were at Oxford.

    Oxford has definitely taught me to be systematic, disciplined and thorough. Considering only the sheer volume of the course material, it was a task to keep up in class. The course material would be circulated to students well ahead of the class and it was expected that every student would be thorough with it before class. In class, we would discuss, dissect, and analyse the material. We would also write our own papers for tutorials and debate the same with the Professors. We were always encouraged to question, probe, challenge and argue, develop new theories and pen them down. I enjoyed the entire academic experience.

    As far as non-academic fronts go, the University has a strong network of alumni, and I am in touch with some great friends I made there. The University also has a hectic social life with sit-down dinners, wine and cheese evenings and BOP (Big Open Parties). I have attended my fair share of these, including the long walks beside the Cherwell. Overall, I cherish the year and all it brought.  

    Being a litigator, you work in several areas like commercial litigation, arbitration, insolvency matters, intellectual property, constitutional law, real estate etc. Is it challenging?

    Every area of law is important and challenging in its own way. I am extremely passionate about my work. As a litigator, it is important to appreciate and understand the business aspects of a transaction and only then can you provide commercially viable solutions to your client. It is also essential to adapt to the ever-evolving commercial environment and analyse how the advice and strategy will affect the client’s business. There is a new challenge every day, but I thoroughly enjoy the rush of adrenalin it brings.  

    Given your busy schedule, how do you allocate time for authoring research papers? Do you think that publishing papers, as a lawyer, boosts one’s career?

    I am generally interested in writing about recent legal developments, and it is also a great way to stay updated, as writing also involves a lot of reading about the subject. Publishing papers improve visibility and demonstrate knowledge. It can also act as an excellent conversation starter. I have had many clients and peers approach me to discuss a particular paper I have written, and provide insights on the same. It is an effective way to stay connected to the larger ecosystem.

    How do you keep yourself updated with the current legal trends, given your busy work schedule?

    I am a voracious reader with varied interests. I subscribe to the databases available and follow them regularly for updates. I try to set aside some time during the workday for this purpose. Besides, Argus Partners has an extremely active and focussed Knowledge Management team that circulates regular updates on current developments, and this helps me keep updated.

    Do you think good grades and moot court experience are necessary to be a good lawyer?  What else do you think is required?

    I don’t think there is one formula to anything. Good grades demonstrate consistency and dedication but there is no hard and fast rule that everyone who scores high marks in law school turns out to be a great lawyer. The reverse is also true. Participating in a moot court is important as it enables young minds to analyse legal issues, research on them, draft contentions and argue, but the professional world is very different from the life a law school offers. What is important for a young professional is to keep learning and stay focussed.

    How important do you think it is to network with fellow lawyers and those from the professional front to grow in one’s career?

    Networking is an important building block. It is important to learn from others, share experiences and insights, and be a part of the larger legal community to build connections. Networking increases visibility, enhances professional reputation and helps develop a strong personal brand. In this age, it is important to be present and active on social media applications, such as LinkedIn. One can learn a lot from one’s peers.

    What advice would you give to a legal professional just starting out?

    One should demonstrate a zeal to learn, hard work, integrity, and ownership. Every assignment should be treated as an opportunity to bring out the best. I always tell my junior colleagues that they should be prepared for the long haul and not get distracted or demoralised with minor setbacks. Find a mentor, if possible, and learn from them. The journey is challenging, but consistency will bring success despite impediments.

    Get in touch with Pooja Chakrabarti-

  • One of the most rewarding aspects of being a lawyer is the continual learning that comes with the job- Ish Jain, Arbitrator at Delhi International Arbitration Centre

    One of the most rewarding aspects of being a lawyer is the continual learning that comes with the job- Ish Jain, Arbitrator at Delhi International Arbitration Centre

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

    To start our conversation on a lighter note, we would like to know why did you choose to be a lawyer?

    From a young age, I was drawn to the idea of a profession that would allow me to serve others while also growing and developing as a person. As I progressed through my higher education, it became clear to me that law was the ideal field to achieve these goals. I would say, one of the most rewarding aspects of being a lawyer is the continual learning that comes with the job. Every day presents new challenges and opportunities to expand one’s knowledge and skills. Whether I’m studying a complex legal issue or working on a case, I am constantly pushed to think critically. That feeling of being pushed to think critically and the feeling of ‘rush’ that comes along with it is what gets me stoked to be a lawyer. In addition, being a lawyer also provides me with a sense of purpose and fulfilment. By using my legal expertise to assist clients and advocate for justice, I can make a positive impact on society. Whether I’m working on a high-stakes commercial matter or representing an individual, I am driven by the knowledge that my work is making a meaningful difference in the lives of others. Ultimately, my passion for the field of law stems from the fact that it allows me to combine my desire to learn and grow with my commitment to serving others. It is a challenging and demanding field, but I believe that the rewards of being a lawyer far outweigh the challenges.

    We understand that you have so many distinguished accolades attached to your name, especially in the field of arbitration. Please tell our audience about your illustrious career as an arbitrator.

    My passion for arbitration as a career was ignited during my tenure as an assistant to retired Hon’ble Justice M.S. Rane. Witnessing the transformative power of arbitration in resolving disputes sparked a deep interest within me, and I knew that this was the field that I wanted to pursue. My interest in arbitration only grew as I pursued my LL.M. from the prestigious Queen Mary, University of London, UK, where I studied Oral and Written Advocacy in Arbitration as well as International Commercial Arbitration law. This formal education not only sharpened my skills but also gave me a broader perspective on the field.

    Since 2004, I have had the privilege of working in the field of Arbitration in a wide range of disputes, including complex commercial disputes, construction disputes, intellectual property disputes,  technology law, Aviation law, Maritime disputes, etc. My expertise in the field has been recognized through various accolades and appointments. In the last 8 years, I have had also the privilege of serving as an independent Arbitrator and I am presently empanelled with more than 26 institutes as an Arbitrator in Asia, the UK, and the Middle East.  In addition, I am also actively involved in promoting the field of arbitration and advocating for its benefits as a dispute resolution mechanism. I have been invited to speak at various conferences and seminars on the topic. I am proud to have been working in this field and am eager to continue making a positive impact through the transformative power of arbitration.

    Being in the Arbitration profession since 2004, what were some of the defining moments?

    In my career, I have had many defining moments that have shaped my professional journey in the field of Arbitration. From representing noteworthy real estate developers and high net-worth individuals to businesses and entrepreneurs from diverse sectors of the business community, I have had the privilege of working with some of the best lawyers in the field. However, one particular case stands out as a truly fascinating experience.

    I had the opportunity to work on a case that involved a manufacturing defect in an Aircraft and the failure of the landing gear in a new Aircraft. This case not only challenged me as a lawyer, but also allowed me to push myself to the limits of my knowledge and expertise in dealing with Arbitration cases and ICC Rules. It required me to think outside the box, exercise creative problem-solving skills, and work collaboratively with a team of experts to achieve a favourable outcome for my client.

    It was a defining moment in my career, as it taught me the importance of perseverance, adaptability, and strategic thinking. This experience helped me grow both as a lawyer and as an Arbitrator, and I am grateful for the lessons learned.

    Overall, my journey has been filled with many defining moments, each one contributing to my growth and development in unique ways. I look forward to continuing this journey, embracing new challenges, and striving for excellence in everything that I do.

    Since Arbitration is a growing field in our country, what is the major difference in other jurisdictions/countries compared to India? How do you look at the potential in this field for law practitioners in India?

    Arbitration has become increasingly popular in resolving disputes in India, as well as in other jurisdictions/countries. In fact, the Bar Council of India opening up avenues for foreign law firms in India and allowing Foreign lawyers to appear for their clients in International Commercial Arbitration will definitely allow India to be one of the hubs of International Commercial Arbitration.

    However, there are some notable differences between the practice of arbitration in India and other countries. One major difference I would like to point is the level of institutional support for arbitration. In some countries, such as UK, France, Switzerland, Singapore and Hong Kong, there are well-established institutions that provide administrative support and expertise in arbitration. These institutions have established rules and procedures for resolving disputes, which can make the process more efficient and reliable. Another difference is the extent to which the courts are involved in arbitration proceedings. In some countries, such as the UK and Singapore, the courts are heavily involved in the arbitration process and can play a significant role in enforcing arbitration awards.

    In terms of potential for law practitioners in India, the growing field of arbitration presents a significant opportunity. As businesses in India increasingly seek to resolve disputes through alternative means, there is a growing demand for legal professionals with expertise in arbitration. This can include both lawyers who specialize in dispute resolution as well as those who have experience in related areas such as international trade and investment. Overall, the potential for law practitioners in India in the field of arbitration is significant. However, it is important for practitioners to stay up-to-date with developments in this area and to develop the necessary expertise and skills to succeed in this growing field.

    As you are pursuing a PhD, how do you manage your workload and maintain a balance between your academic responsibilities, work, and life?

    Balancing work, education, and personal life can be a challenging task, but it is essential to ensure that I am productive, efficient, and not compromising on my personal life. To balance these three aspects, I follow a few key strategies: First, I plan and prioritize my tasks by making a to-do list and scheduling my day accordingly. This helps me stay organized and ensures that I am making the most of my time. Second, I set realistic goals for myself, both short-term and long-term, and try to achieve them. This helps me stay motivated and focused on what I want to achieve. Third, I manage my time effectively by avoiding procrastination, limiting distractions, and making the most of my productive hours. I take short breaks in between work or study sessions to refresh my mind and avoid burnout. Fourth, I seek support from family, friends, or colleagues if needed to ease the workload and reduce stress. Finally, I maintain a healthy work-life balance by making time for myself, spending quality time with family and friends, exercising regularly, and pursuing hobbies that help me relax and rejuvenate, for e.g. picking up a sport like Tennis helped a lot. Overall, finding the right balance between work, education, and personal life is essential to avoid stress and burnout. By following these strategies, I am able to balance these three aspects and achieve my goals while also taking care of my personal life.

    To wrap this conversation up, what advice would you give to legal professionals in their initial years?

    To all young lawyers, I would like to emphasize the importance of merit and perseverance in achieving success. While it is true that smart work is crucial in today’s fast-paced world, however, it cannot be a substitute for hard work and effort. It is essential to put in the effort to maximize your potential and achieve your goals. For instance, if you aspire to practice in the field of Arbitration, you must dive deep into the legal and business aspects of the field. You cannot simply skim the surface; you must understand all the consequences and have the ability to listen fairly and impartially to a dispute before issuing a legally binding award. This level of expertise comes with experience, and gaining that experience requires hard work and dedication. So, my message to all young lawyers is this: strive for excellence and put in the necessary effort to achieve your goals. With perseverance, dedication, and a commitment to constantly improve, you can achieve great things in your career and beyond.

    Get in touch with Ish Jain-

  • Early on your career you may lack the natural gifts of more senior lawyers but you can make up for this by spending time preparing as best you can for every eventuality- Daniel Murphy, Managing Partner at MD Law Group

    Early on your career you may lack the natural gifts of more senior lawyers but you can make up for this by spending time preparing as best you can for every eventuality- Daniel Murphy, Managing Partner at MD Law Group

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

    Sir, can you briefly tell us, what predominantly led you to choose law as your career?

    I have always enjoyed the solving of problems.  Law presented challenges which required solutions which is why I decided to pursue the career.

    As a student of law, what were the subjects that deeply intrigued you?  

    I was always interested in international human rights law and international law as I had a background in international politics.

    How and why did you choose criminal defense as your primary practice area? What do you think are the primary challenging areas in this field of law?

    I chose this area as I felt I could make a significant different for disenfranchised people.  The constitution plays heavily in litigation which is fascinating

    You have witnessed a wholesome experience as a prosecutor in Newfoundland and Labrador while acting as the sole prosecutor on the Burin Peninsula. Can you share with us your key learnings that would guide budding lawyers who expect to launch their careers in criminal prosecution?   

    Always over prepare.  Early on your career you may lack the natural gifts of more senior lawyers but you can make up for this by spending time preparing as best you can for every eventuality.

    Sir, you have had an extensive experience in defence proceedings for offences ranging from common assault to attempted murder. Would you like to share some interesting strategies you employed to win a particular case?

    Applied pressure to a specific Prosecutor which had my attempt murder client released.

    As the managing partner at MD LAW GROUP, can you give us a glimpse of an average day at work?

    Often times they are long days. I interview clients, review documents that come from the prosecution and often spend days in court in trial,

    From your experience sir, what are your strategies and policies when it comes to negotiating with prosecution offices and how do you handle it when the negotiations don’t turn up in your favour?

    Always be respectful of your fellow lawyers.  You may be diametrically opposed in position but always show kindness and remember this is not personal but business. When things go wrong I usually summarize our impasse in writing and urge them to accept my position.

    Sir, with the infinite growth in opportunities, what are the areas you would suggest where upcoming law graduates can focus and elevate themselves?

    Based on my experience family law and employment law are excellent opportunities where the business can be marketed successfully.

    How important do you think are internships for law graduates in order for them to bag prestigious careers? What are the qualities that you look out for in your prospective interns or employees?  

    It is always important to seek internships to successfully start your career but there are many unconventional choices and I would not be discouraged if an internship was not obtained immediately.  In regards to qualities of internets or employees I think it is important that they come with an approach of willing to lean and are willing to roll up their sleeves and work.

    What would be your words of advice for new graduates? What is your take sir, when it comes to choosing a specialization in law in early years of one’s career?  

    Take your time the right opportunity will appear. I myself didn’t want to do criminal law but grown to love the work.  Be careful on specializing early you should really that first year to attempt course offerings before you make a decision.

    Get in touch with Daniel Murphy-

  • “Having been able to positively make a difference in people’s lives, I felt very good”- Shlok Chandra, Managing Partner at Chandra Law Chambers

    “Having been able to positively make a difference in people’s lives, I felt very good”- Shlok Chandra, Managing Partner at Chandra Law Chambers

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

    Sir, please tell us your motivation behind pursuing law. 

    Till about class X, there was no real thought about life post school. But yes, somewhere in class XI I started thinking of appearing for the entrance exams for different National Law Schools. During class XI and XII, the focus was only on the board exams so I did not prepare during those two years. But for about 2 months after the board exams, I prepared and appeared for different exams. I got through most National Law Schools and joined the National Law School of India, University at Bangalore in 2003.

    I come from a family of bureaucrats so the only introduction to the world of law was through an Uncle who was a Senior Advocate in those days. He had a flourishing practice so I was inspired by what I saw. The world of law looked glamorous and seemed the best out of the available options for me. The thought process also had the approval of my parents so it became a straight forward decision.

    Please elucidate about your student life and how was it like to pursue law from the best law college in the country.

    I studied at the Doon School, Dehradun. It was a great phase of my life where I made some of my closest friends. The school starts in class VII and is an all-boys boarding school. There was a lot of focus on sports, extra-curricular activities, fitness, and personality development. The life lessons learnt in my years at Doon have been invaluable.

    I joined NLSIU, Bangalore in 2003. This is again a phase of life I look back at with great fondness. Having been at the top of my class in school I found myself in the middle of my class in terms of academic performance. This took some time to sink in. I made some great life-long friends at NLS, Bangalore. I had a regular college phase: studies, sports, extra-curricular activities. A very regular and happy existence for 5 years.

    I participated in two moots. I took the advice of a senior friend who had advised in jest that make sure the locations of the moots are good and you go as a speaker and not as a researcher. I represented the college in one moot in Goa and one in Pune. I also attended a Model United Nations in Canada. In hindsight, I did this just for the CV. I wrote 6 articles while in college and got them published in different legal journals, in hindsight all this was done with an ulterior motive of cv building rather than for the sheer academic joy of publishing an article-this was not right.

    I did different internships: AMSS, Justice Manmohan (then an Advocate), Justice Jayant Nath (then an Advocate), Late Justice Valmiki Mehta (then an Advocate) etc. I got a pre-placement offer from AMSS in their policy team at the end of my 4th year. However, I also got an offer from Boston Consulting Group, one of the top strategy consulting firms towards the middle of my 5th year and I ended up accepting that.

    You worked at AZB & Partners for 5.5 years in their M&A team and started litigation post that, how was that transition?

    After 18 months of working with Boston Consulting Group as a strategy consultant, I consciously moved back to law. My stint at AZB & Partners was terrific. I learned all my basics of law there in terms of drafting, attention to detail, negotiation skills, appreciating the nuances of legal provisions etc. I worked in the team of Mr. Anil Kasturi who did mergers and acquisitions and incidentally was an alumnus of NLSIU, Bangalore (1996 batch). Working in a top tier firm taught me a lot in terms of professionalism, turn around times, thoroughness, etc. During my time at AZB & Partners the size of firm was not what it is today. Thanks to Mr. Kasturi I got to work for marquee clients like Warburg Pincus and Bain Capital. The experience I gained I am sure is continuing to help me today. The working environment was very congenial and it was common to have friends across teams.

    Apart from the work, I also played many cricket matches for AZB & Partners, I used to open the batting and bowling. In one of the years we even won the SILF Tournament which is an inter-firm cricket tournament.

    At the beginning of 2015, I was beginning to have a realization that I wanted to transition to litigation. I was quite vocal with my friends at AZB that this step was on my mind. The next big conundrum was which senior to start my litigation journey with. Mr. Percy Bilimoria, a senior partner at AZB in those days, introduced me to Mr. Darpan Wadhwa. I worked at the Chamber of Mr. Darpan Wadhwa for 18 months. It was an uphill learning curve because I was not well versed with litigation procedures. We were a small team of 3 Associates and I learnt a lot in those 18 months. Mr. Wadhwa was nice enough to let us do our own cases while we worked in his chamber. After this 18 month stint, I started my own litigation chamber. In hindsight, this was perhaps the one phase of my life where I was not a good junior. I was somewhat in a hurry to start on my own. It was a little unfair to my senior Mr. Wadhwa who was too kind and generous to tolerate it.

    After going independent, I got empanelled with DDA and South Delhi Municipal Corporation. I started handling cases on a regular basis for these entities. Subsequently, I also started handling cases for NHAI, GAIL, ESIC, EPFO etc. Through word of mouth I started getting private clients as well. The growth was not rapid but the upward curve was sufficient to feel that my career move was justified.

    Our audience would like to know about that one case which you can never forget.

    In my early years of litigation, I had a young man walk into my office who was apprehensive that his father in law would kill his wife since they had just eloped against the wishes of her parents and a few hours back her father had taken her away. We filed a petition for Habeas Corpus [Vikrant v. GNCTD & Ors] before the Division Bench of Justice Sistani and Justice Vinod Goel seeking urgent relief. The court listed the petition the very same day and directions were passed to the SHO of the concerned area to bring the newlywed wife to court along with her father. Despite some counselling from the judges the father was not willing to relent. The court finally directed that there should be no interference in the marital life of the couple from the girl’s family. A few days later the boy invited me to his small marriage reception. There, many of their relatives came and thanked me and some even touched my feet. I had never seen this sort of reactions from a client before. Having been able to positively make a difference in people’s lives, I felt very good. There have been other cases with great financial consequences but in my eyes, they pale in comparison.

    How has your experience been of working with the Income Tax Department?

    I became a Standing Counsel with the Income Tax Department in November, 2019. I had never really done too much direct tax before. Being a first generation lawyer I wanted to gain expertise in a niche area of law. I handle cases at the Delhi High Court, NCLT and NCLAT. Last 3.5 years have truly been an eye opening experience. Justice Shakdher currently heads the tax Division Bench. He is someone I look upto as a mentor so appearing before him on a daily basis really gives me great happiness. Learning and mastering the nuances of direct tax has really been a pleasurable experience. I really recommend all young lawyers to keep an open mind about taxation law. It’s an acquired taste but something that can be enjoyable once you get comfortable with it. Further, after handling income tax briefs when one picks up a civil-commercial law brief it seems like a breeze.

    I have recently applied to become the Senior Standing Counsel of Income Tax Department. If that comes through, there will be more responsibility given to me.

    You were involved in the process of amending the Constitution of the Indian Olympic Association, how was that experience?

    In September, 2022 the Supreme Court had appointed Justice L. Nageswara Rao with the task of amending the Constitution of the Indian Olympic Association, finalizing the electoral college, and conducting the elections for the Indian Olympic Association. It was an honour to be a part of a very small 2 member team set up by Justice Rao to assist him in this task. I got to work with a man of his caliber very closely on almost a daily basis. The learning I got from this experience will stay with me all my life. Most importantly, I gained a mentor.

    The elections have been successfully conducted and the new team of Executive Council Members have taken over. For the first time an athlete Ms. PT Usha is the President of the Indian Olympic Association. My association with IOA is continuing even after completion of the task assigned, I am now a member of IOA’s POSH Committee upto 2026. We are dealing with a few cases and I hope I will continue to discharge my duties to the best of my abilities without fear or favor.

    Which are the forums that you work in regularly?

    I work most regularly in the Delhi High Court, Supreme Court, NCLT, and APTEL. I handle cases for the Union of India at the Supreme Court where my task is to brief the AG, SG, and ASGs on the cases assigned to me. In the High Court, I am the Standing Counsel for ESIC and Income Tax Department. In APTEL I appear for a few State Electricity Regulatory Commissions. Along with appearing for government clients I also appear for private clients across forums. It is important to have a healthy mix of private and government work and over dependence on one stream of work especially government work is not ideal in the long run.

    In order to end this conversation, would you like to give any piece of advice to our audience?

    The one issue I am sure youngsters face is the financial struggle in the initial years. There is no sugar coating the fact that second generation lawyers starting out in Delhi and even first generation lawyers with families staying in Delhi have a head start. Having to pay rent and fend for yourself in terms of food etc in the initial years is a challenge no doubt. This is why there is to some extent an entry barrier to litigation and people from good law colleges used to prefer joining corporate law firms but I see this changing. Even the top ranked students are willing to give litigation a shot.

    Overall the qualities of hard work and sincerity are the most important ones. As a junior lawyer you must always be well prepared, you never know when the judge will call upon you to assist the bench. Opportunities come your way in this profession when you are not expecting them. Someone who keeps his head down and prepares for each case diligently will eventually start to stand out from the crowd.

    Lastly, it is best not to compare yourself with anyone else. There will be people who seem to be ahead of you but their starting points were different. It is best to focus on one’s own journey and take pride in one’s own journey and preserve one’s reputation. It always helps to have a few mentors in your mind whom you have worked with or been associated with. In difficult times, it’s best to ask yourself how they would have dealt with the particular issue/conundrum. This, in my experience helps navigating difficult /tricky phases and issues. Lastly, honesty and integrity will never go out of fashion.

    Get in touch with Shlok Chandra-

  • “Law firms are not be all and end all for a law graduate – there are a lot of career choices you can adopt”- Somdutta Bhattacharyya,Partner at Argus Partners

    “Law firms are not be all and end all for a law graduate – there are a lot of career choices you can adopt”- Somdutta Bhattacharyya,Partner at Argus Partners

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

    Tell us what inclined you to pursue law as a profession?

    Well there is no inspiring story here unfortunately. I did choose science as my study stream for my plus two boards, but that was because my parents initially wanted me to become a doctor. Law happened pretty accidentally actually! It was more like law chose me. My uncle, who is a lawyer at the Calcutta High Court, told me at that time of the emergence of the national law schools across the country and the bright, young graduates these institutions were producing and suggested I should try taking the exams for these law schools. I only took the exam for WBNUJS, Kolkata (ours was the last batch who took individual law school exams instead of the CLAT) after preparing for about a month. The results came out about two weeks before the boards and I was very happy to find that I had gotten through. I decided that this was what I was going to pursue and make a career out of. And that is how it happened.   

    Do you have any mentors so far that helped you so far in this journey, and how far do you consider the role of mentors crucial in the industry?

    Yes of course. You cannot grow as a professional in the legal industry (or for that matter any industry) without the help of your mentors. A good mentor will teach you so much especially as a litigating lawyer – the art of a good draft, how much to say and what not to say in Court, how to strategize a matter etc. Whatever little I am today I am because of some excellent mentors I have had in the industry.

    Why does Corporate law attract so much attention? What makes it so unique?

    Well it would be easy to say that it attracts the attention of young graduates because of the money on offer, but that would be a shallow perspective. If you do not like and enjoy what you do on a daily basis, you will not stick around or grow, no matter the money on offer. This is why you see attrition rates are so high in the bigger law firms. However, if you like what you do, then the sky is the limit. Speaking personally, as a Disputes lawyer, I love the challenges of my job day in and day out. I have to keep our clients happy and they must feel comfortable to repose their trust in their high stakes, valuable matters in me. I have to advise them correctly, guide them down the right path, put every ounce of research and knowledge into these matters so that their chances of success are enhanced and they know that they are in safe hands – it is a challenge I am up for every day of the week.

    How do you manage your time schedule on a daily basis and what drives you to be consistent?

    I would not lie, law firm life can be pretty demanding – whether you are an A-1 level associate or a partner, every day brings its own challenges which consume most of your time. I have varied interests apart from law – I love reading fiction, watching sports especially football, spending time with my family and my dog. While most of my time is taken up by my work, I ensure that at the end of the day (no matter how late it is) I am taking an hour or two out to do these things I love – read a bit, maybe watch a film or a game of football, take the dog out for a walk, maybe go for a run or a long drive sometimes. It rejuvenates me and helps me face the next day with the same enthusiasm again.

    What differences have you noticed in international arbitration and national arbitration, I mean what’s more challenging amongst both?

    Both bring their own challenges to be honest. In an international arbitration, you are bound by the procedure of the institution under whose aegis the arbitration is happening – SIAC, ICC, LCIA etc. and the procedure is much more streamlined as opposed to domestic ad hoc arbitrations. Also, in international arbitrations you often have to work in close collaboration with foreign lawyers or law firms, and therefore seamless execution of the work can be a challenge as well as a learning experience at the same time. On the other hand, in domestic arbitrations, especially ad hoc ones, arbitrators adopt their own procedures and therefore the same may be different from one arbitration to another, and you are constantly adapting as a lawyer to make the best case for your client. However, arbitration in India has been developing at a fast rate, and amendments to the statute in 2015 and 2019 have ensured shortening of timelines and streamlining of overall procedure, and I believe the future of arbitration in India is very bright.

    Do you believe that AI will lead to data breach and violation of privacy, if yes, how can it be mitigated?

    I am not a data privacy lawyer and therefore I am ill-equipped to answer this question. My opinions on AI and data breach are based on what I have read in popular media, and I do not want to adopt a conspiratorial tone for your readers without in-depth familiarity with the issue myself.

    Few tips for our readers that helped you as well in this journey?

    First of all, you must decide what you want to do. Law firms are not be all and end all for a law graduate – there are a lot of career choices you can adopt – you can be a corporate lawyer, a litigating lawyer, an independent practitioner, an academic or venture into public policy. Do not follow the herd- look into your heart and see what you really want. As I said before, if you are not finding what you are doing everyday exciting or challenging, there is no point doing it. Also, no matter which path you choose, there is only one mantra of success for all of them – read. You have to read constantly as a lawyer, you have to keep updating yourself. Law evolves constantly, you can never be a good lawyer if you are not evolving with the law as well. That would be my two pennies for your readers.

    Get in touch with Somdutta Bhattacharyya-

  • The profession has given me so much and so much more, because of which I now firmly believe that our litigation practice truly makes you younger and braver and the more you practice, the more you learn new things- Rajdeep Lahiri, Advocate on Record

    The profession has given me so much and so much more, because of which I now firmly believe that our litigation practice truly makes you younger and braver and the more you practice, the more you learn new things- Rajdeep Lahiri, Advocate on Record

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

    To start the conversation, please tell us what motivated you to pursue law as
    a career.


    Well, initially I was never inclined towards the practice of law, and rather was more interested to work in companies and become an In-House practitioner. Being a 3rd Generation legal professional, I knew the battle ahead to stay in the game. Plus I was [still am] an athlete and played a lot of professional matches, so time had to be matched equally between career and sports.
    Kolkata is where I was born and raised, hence, arguing and negotiating came quite naturally to me, much like all legal professionals from the city. Quite early on I was introduced to the world of litigation, policy brutalities, burgeoning stress of drafting, long hours of excruciating patience, hopping Court to Court, etc. as I used to accompany my mother and grand-father, who were a noted law practitioners in Kolkata.
    I would say that the experience was there [and it was surreal], which is fundamentally why I wanted to avoid it!
    However, with my abrupt migration to Mumbai in the year 2013, I swept my entire time and energy into commercial litigation and thereon, I never really
    looked back, so really the motivation never came early on, but rather stuck with me as I started litigation in Mumbai.

    Sir, you have completed a decade of practice in law. Has the profession given you what you expected out of it?


    Yes, indeed so. I have completed my graduation in the year 2012, then passing the AIBE in the year 2013, so it’s been more than a decade into the field.
    It has made me to travel across the country, representing disputes in their strangest and malignant forms, meeting a diverse group of people, charter me into international disputes and place me as an International Arbitrator and so much more.
    I never expected to have so much exposure to disputes when I was merely an angry young student of law, deeply involved in politics, sports and students’ movement in Kolkata.
    Quite candidly, I never wanted to be so involved too! The profession has given me so much and so much more, because of which I now firmly believe that our litigation practice truly makes you younger and braver and the more you practice, the more you learn new things.

    Our readers would like to know about your areas of practice and your interests over the last 10 years of law practice.


    I come from a generation of lawyers, politicians, and bureaucrats, so criminal law came quite naturally to me as I was fairly accustomed to the nuances of investigation and arrests.
    However, I started off with Winding Up matters under the Companies Act, 1956 [now repealed] and similar commercial disputes. Arbitration sounded
    fancy at the time and gave my hand on couple of ADR matters initially.
    But since being in the chambers of my Senior, who is a full practice litigation professional, it got me experienced in a host of matters, ranging from
    Municipality disputes, cheque dishonour, Suits, complaints, divorce, testamentary and what not!
    Being involved in so many types of litigation opened a Pandoras Box for me, unleashing the opportunity to at least master the practice and procedure [if not the law].
    Over time, I got involved in various other types of matters, involving labour disputes, cyber-crime, bails and trials, Penal sections, Admiralty, IPR, NCLT
    and IBC, etc. making me go places and expose myself to a varied gravy of matters.
    I keep one thing in mind, the basics of dispute is always the same and the principles to resolve any dispute is never complicated. Its more logic and
    reasoned.

    What is a Career in Alternative Dispute Resolution like, especially from an
    international perspective?


    ADR is the future. The facts speak for themselves. There is an indiscriminatory rise in litigation before various Courts and this
    exponential rise in matters, casts an unbearable burden on not only the Judges, but the Advocates, Prosecutors, Pleaders, clerks and the entire system along with it.
    We all have knowledge of ADR in Matrimonial disputes, and further it being
    introduced in the form of ‘Compulsory Mediation’ in Commercial Matters, however, if understood smartly, ADR can be used the same way as litigation, which is commonly used by almost all International Institutions as an effective method to conclude the disputes, by arriving at amicable settlements and charging for the same at pre-determined rates.
    The additional skill sets which will be needed are the necessary tools for effective research, razor sharp strategy and persuasive negotiation skills to effectively resolve disputes.
    I have clients wanting to end disputes, not win a matter for it to be overturned in Appeal, so I suppose ADR is the way forward and now with the extensive advent of technology, practice has never been more convenient and organized.

    Could you please tell us about the personal and professional challenges you
    encountered over the years, up until you established your own firm and
    thereafter?


    Well, it has always been pretty much hard work and putting in the hours of work towards it.
    I have always focused on positives and rarely been idle till date. I have constantly been on the move, shifting focuses and building experiences around disputes and people.
    There have been insurmountable challenges that I have faced along the way, but we always move forth, right? We all do. Professionally, I have worked with Counsels, Advocates and in a noted law firm, and from every such entities, I have developed various skills. Skills in people management, little bit psychology, legal strategy, learning the procedures, knowing more laws, defining my own argument style, knowing when to shut up and sit [or walk away], as I always preach everyone, law is common and everyone is expected to know, what matters is how to interpret it and to whom the same is being interpreted to. One must definitely know how to read the mind of another individual and be aware of the basics of psychology.
    Once I was convinced that I could finally walk on my own, I took the leap, almost impromptu and here I am, better by the day.

    How do You see the development of Alternate Dispute Resolution methods over the coming years?


    I foresee a complete overhaul of the existing system to place litigation in a symbiotic relationship with technology and a consequent yet systematic development of the entire ADR regime.
    Legal professionals will be more adapted to resolve disputes, either through Courts, which mandates the compulsory ADR process, via ADR Institutions or by Advocates engaging with the disputing parties to mediate and negotiate the disputes.
    In my years of experience, it is only recently that I have come across parties that are mediating and settling disputes, only through effective negotiations, at the final hearing stages, thus saving enormous stress on the entire system and its [breaking] parts!
    Final Resolution of disputes would mean an end to the dispute and by the look of it, who would not want to develop it? So as I see it, ADR will play a prominent role in the adjudication of disputes of all nature, without exceptions.

    There are many certifications, like the one given by CIArb (Chartered Institute of Arbitrators) to take up Arbitration as a career. Do you think taking such certifications helps along with practice?


    Education and being educated, are very different. For example, no one teaches you litigation, but you get educated along the way and educate yourself about the nuances of litigation and its practice.
    Similarly, you need to have life experiences to effectively negotiate and mediate. The purpose of any course is to have the empirical knowledge and discuss established principles, which is to be borne in mind when eventually resolving disputes.
    While I believe that by undergoing certification courses [an uncountable number done myself!] definitely aids you, it very important to have a sense of direction in what ones to do, else the certifications shall be only used to cover office walls.
    Think deep, in our profession, life experiences take the first preference. Then the education.
    ADR Institutions are having internationally acclaimed Trainers and Professors, hence, you will get first-hand experience in international disputes and scenarios. So yes, it will definitely help in some way.

    Lastly, what would be your advice for the fresh law graduates who are
    looking forward to opt for ADR?


    Put in the long hours. Dedicate yourself to a routine. Read the laws. Go to the roots of the laws on ADR and get enrolled with ADR Institutions and Advocates practicing ADR to have first-hand knowledge and being conceived with the nuances of practice and procedure.
    But be advised, ADR will outgrow and creep into all litigation domains, so it is very important and wise to practice all domains of law, keeping ADR as its base.
    Lastly, you break the walls down and you keep creating standards!

    Get in touch with Rajdeep Lahiri

  • “Every case brings a lot of challenges and to bring relief to the client is a most challenging assignment for any lawyer”-Senior Advocate Manish Vashisht

    “Every case brings a lot of challenges and to bring relief to the client is a most challenging assignment for any lawyer”-Senior Advocate Manish Vashisht

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

    Sir, in order to start our conversation, kindly let us know about your decision to pursue law as a career.

    Even though you have asked me about my “decision” about choosing law as a career, however, it is my firm belief that there is nothing which we decide to do but destiny plays an important role in what we do! Coming back to your question I may say that ;

    I decided to pursue law while I was in my first year of graduation in the year 1991. I did my graduation from the Govt Arts and commerce College Indore. My father initially wanted me to become an engineer but I was fond of reading and writing . Maths and physics were not my cup of tea. Sociology, Political Science and History were my forte . Studying about society and political system enhanced my skills in analysing various aspects of human behaviour. In depth study of the subjects helped me in clearing the entrance examination of law course of Delhi university in 1994 . I completed my law course in 1997 and thereafter joined the chamber of Mr LR Gupta, senior Advocate who was a distinguished civil lawyer . That’s the initial journey of my life which started in 1974 , followed by my admission in Bal Bharti Public school.

    Being a senior Advocate, how would you explain the changes which have taken place in our judicial system over the time and if any, kindly express your views upon the same.

    Our judicial system is indeed a dynamic one . When I started my career in 1998 a system was placed for the new entrants to complete a six months training programme , for those who wanted to appear for judicial services they were required to undergo a couple of years of training under an advocate. Gradually these programmes were changed. Many people would have different opinions on the practices and the systems which were in place but my personal opinion is that training under the lawyers was a good initiative. It is indeed very necessary to understand and to become acquainted with the working process before one starts his or her career as an advocate or a judge . Judicial academies have been set up in the country and the training which is imparted now is one of the best . Young judges meet many legal experts and jurists as a part of their training. I have traveled and have appeared before many courts in India . Undoubtedly the courts and Tribunals in Delhi have an edge in comparison to other courts in different states of India but we all have noticed that due to infuse of technology justice dispensation is becoming quick and easy. I am sure in next couple of years we shall all see many a new innovations being introduced with an objective to ease the grant of justice to those who approach courts for redressal of their problems and grievances. 

    Sir we would like to know about that one case you can never forget.

    It’s indeed very difficult to answer which case is difficult to forget . Every case brings a lot of challenges and to bring relief to the client is a most challenging assignment for any lawyer . I have appeared for clients while representing their cause in different areas of law. Yet I remember that I was able to secure an acquittal of an engineer somewhere in the year 2014 who was convicted of murder by the sessions court by misreading of the factual aspects and erroneous application of legal provisions and the evidence. The  young man had to undergo rigorous imprisonment for a period of seven years even though charges could hardly be proved against him . False evidence was created and witnesses were planted against him . That is certainly a case I remember . 

    Kindly throw some light upon your initial days as a young lawyers and the challenges faced by you.

    Initial years were full of learning and hard work. My father late Shri Inder Kumar Sharma played a huge role in my success . He was a learned man who excelled in the field of administration but he always remained humble and treated everyone with affection and kindness. This character is extremely essential for anyone to become a successful person. I have always tried to follow the traits of my father. I was extremely lucky during my early years of practice to have worked with some fine senior lawyers . I learnt a lot from them for which I shall ever be greatfull . I fondly remember my senior Mr LR Gupta who was extremely kind to me and always blessed me .  

    Please tell our viewers about your daily routine which helps you maintain the work life balance.

    My routine includes a brisk walk / cycling for around an hour . Fit mind is very essential for any professional. One must spend time with nature. I also make it a point to have a sound sleep for atleast 6 hours a day. Rest of the time must be spent in preparing cases , reading newspaper and to keep yourself updated. I read and note in my register important cases and I am maintaining this habit of writing since the year 2000. 

    Sir, while looking at your profile we read your article named “Unfounded prejudices shouldn’t be allowed to damage independence and esteem of the judiciary”, please tell our audience about the same.

    The article was written by me not to defend someone or to accuse someone . The same reflected my point of view which is clear from the reading of the article itself . I can’t add anything to it except to say that normal human conduct and human nature gives a clear indication of many a facets of life and turn of events . 

    Lastly, any advice you would give to the professionals in the legal field?

    The youngsters are smart and intelligent. They think better than us and have many new ways to approach towards a problem for an effective solution. The legal profession is such that it keeps one mind active. I will just like to add that any young lawyer who wants to join the litigation must remember few things to start with . Work with a good lawyer for at least 2-3 years . This period is sufficient to understand the procedures of courts. Develop good habit of listening. It adds to your advantage and many a times a good listener will be in a better position to answer the questions which may be posed by the judges. Respect your seniors and learn from your colleagues who appear for the opposite side . Never loose heart if you loose a case . No one can win hundred percent and therefore no one can loose constantly. Develop the habit of reading . Read files carefully. Read at least one or two reported judgments daily and try to keep a note of those . Never run after money . Since we all are lucky to be in an intelligent profession with time finances are never a concern . Behave properly and dress up smartly. The judges takes a note of appearance also. One should always be smartly dressed. While appearing in a matter with your senior colleague ask him / her questions which may come to your mind well before the hearing . This will make your senior glad as well and it goes without saying you will win a case for the client.

    Get in touch with Manish Vashisht