Super Lawyer

Category: Featured Insights

  • Santhosh Mathew, Standing Counsel, Calicut University, on how he built his litigation practice

    Santhosh Mathew, Standing Counsel, Calicut University, on how he built his litigation practice

    Santhosh Mathew is an alumnus of the NLSIU, Bangalore of the 1995 graduating batch. He focused on litigation right from the beginning. A first generation lawyer, he started his practice at Dandapani Associates in 1995. He became independent and co-founded a litigation firm in 2004. He is currently a Standing Counsel for the University of Calicut. His practice areas are in Writ Petitions, Telecom, Media laws, Banking Laws, Company Law and Service Laws.

    In this interview he tells us about:

    • His first few years after graduation
    • Role of mentors in litigation
    • Work of a Standing Counsel
    • Necessary skills for the legal profession

     

    Tell us a bit about your pre-college years. What motivated you to study law?

    My grandfather was a District Sessions Judge at the time of his retirement in 1964. My father after graduating in law from the Government Law College, Ernakulam, joined ‘Malayala Manorama’ which is a leading Vernacular Daily, as its Personnel and Administration Manager. He used to take care of the Company’s legal matters His classmates from GLC, Mr. K.P Dandapani (A former Judge of the Kerala High Court and the present Advocate General of Kerala) and Mrs. Sumathi Dandapani were very close family friends.

    After completing my 10th Standard like any other youngster at that time I joined for pre degree (equivalent to present day higher secondary) and took Physics, Chemistry and Biology along with Mathematics to pursue a career in Medicine or Engineering. In time, Mr. Dandapani came to know about the National Law School of India University, Bangalore and bought an application form for me. When the entrance results came out, I was in the waiting list and hence joined ILS Pune which has an awesome campus. After two weeks, my admission at NLS Bangalore was confirmed and finally, I landed up at the “Harvard of the East” in 1990 with Roll no: BLIJ 189. The classes back then used to be held in one of the three car sheds which were converted to class rooms later on. That was the beginning of a wonderful journey in my legal Career.

     

    Tell us about your objectives while in the preliminary years of Law College. What were your plans after graduation?

    In my preliminary year my intention was to clear courses without getting too many repeats. Since I was not a very hard working student I was happy with my B+ grades! I studied the notes prepared by my Classmates Mr. Piyush Joshi and Mr. V. Umakanth. In my first year I interned with Adv. P.C. Abraham in the District court at Kottayam. I feel it is very important that all students start by doing an internship with a lawyer who practices in the lower courts and learn to draft Civil Suits and Criminal Complaints first. Merely by walking along with the Court Clerk will teach you the filing procedure.

    From the Second year onwards I used to do my internship with Mr. & Mrs. Dandapani who used to entrust me with various matters to do research and also with drafting of pleadings. My internships helped me to make up my mind to be a litigator. My appeal to all the law Students reading this is to use all the opportunities you get during your internship to decide what you want to do after graduating. Nobody will entrust you with any responsibility unless you volunteer. Only if you display a passion to take up responsibilities, the seniors with whom you intern will have the confidence or inclination to entrust you with more work. I understand that some lawyers don’t pay the interns. My appeal to those lawyers would be to loosen their purse strings a bit and pay a stipend which will at least cover their expenses.

     

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    Looking back, how significant do you think that your legal education was? When did you happen to experience the learning curve?

    I sincerely regret not being a serious law student. Since I was not a very ambitious person I was more involved in co-curricular activities and did not spend too much time participating in Moot Courts other than the mandatory ones which were required as part of the curriculum. Since we had a fine group of students from all over the country I got to learn about various cultures and made some great friends. The projects done every trimester helped us to learn about different research methodologies and made us better equipped to do legal research.

    By the time we graduated we had a clear idea as to how case law could be worked up. This helped me tremendously in my career as a lawyer. So to all the law students out there, my appeal would be to try and identify a topic you can relate to and do an honest work with all earnestness. During my LL.B. course I ended up doing a lot of absurd projects which on hindsight makes me wonder, “Why on earth did I do those projects?” Please remember that you will be the sole beneficiary of your project and if you do a shabby work, you will be fooling no one but yourself.

     

    Do you feel that there is a difference in the court atmosphere between now and when you started practice? Has it become easier or more difficult for a young lawyer to establish himself?

    I believe the present day judges are much more accommodative of junior lawyers. In Kerala the Judges never had a fascination for Senior Lawyers from outside. So the local lawyers received great exposure which resulted in improving the quality of such local lawyers. My seniors Mr. K.P. Dandapani and Mrs. Sumathy Dandapani were always encouraging and permitted the juniors to take up their own matters which helped us to build up our careers apart from being a major boost to our self esteem.

    In fact all the juniors who have been mentored by Mr. & Mrs. Dandapani have made a mark for themselves after becoming independent. I was with Dandapani Associates for 9 years from 1995 till 2004 when I set up independent practice with my wonderful partner Mr. Sathish Ninan who is my friend, philosopher and guide. So it is very important to find a good office and work with a senior for a decent span of time. Court crafting is something you don’t acquire over night. It is very important that you don’t compromise on your integrity for monetary gains. If you get a bad name in this profession, you are DOOMED.

     

    Please tell us about your experience with regard to your first few sessions in court. Has it become more difficult for a fresher to achieve success?

    In my first year of practice there was a complaint filed by the then Chief Minister Mr. E.K. Nayanar against ‘Malayala Manorama’ before the Press Council of India. The complainant had instructed Senior Counsel Mr. Rajeev Dhavan. We had instructed Mr. Gopal Subramanium. Justice Sawanth was the then Chairman of the Press Council.

    When the matter was taken up, Mr. Rajeev Dhavan started arguing and Mr. Gopal Subramaniam became unavailable as he had to go to the Supreme Court for some urgent matter. When our turn came up, “yours truly” had no other option but to argue the matter and with God’s grace we got a favourable verdict. My client was so happy that they celebrated my victory by publishing my photograph in the ‘Malayala Manorama’ newspapers by celebrating it as a victory by a young David over Goliath.

    On a lighter note, a lot of my friends at the Bar after seeing my snap in the newspaper thought I had met with an accident! This was a big boost to my budding career. Thereafter there have been numerous opportunities in the last nineteen years of my career where I have been at the right place at the right time.

    For instance, when Mont Blanc came out with the ‘Mahatma Gandhi pens’, we filed a PIL in the Kerala High Court against the sale of those pens in India alleging violation of the provisions of Emblems and Names (Prevention of Improper Use) Act, 1950. As a result, Mont Blanc undertook before the High Court of Kerala that it will not sell the ‘Mahatma Gandhi series’ pens in India.

    We have conducted a lot of cases before the High Court relating to issues relating to health hazards from Telecommunication Towers. We have been successfully representing most of the major cellular operators and Telecom infrastructure providers in Kerala before the various Courts. We have represented various educational institutions challenging the unreasonable restrictions imposed by the State Government which adversely affected their minority rights guaranteed under the Constitution of India.

    God has been extremely kind to me. One must have the self confidence that he or she can handle any matter that comes his/her’s way. If we don’t know the subject matter in detail, we should study extra hard and consult the seniors who are experts in that field. The legal profession is a unique profession where seniors are willing to go out of their way to guide a junior counsel in need. While arguing a matter if a judge asks a question to which you readily don’t have an answer, have the humility to admit that fact and be assured most of the judges would be more than happy to grant you time to work up and make your submission. Remember Bench and Bar are two sides of the same coin and you have a duty to our client to win a case but you have a bigger duty as a responsible officer of the Court to assist the Court to arrive at legally correct judgments. Therefore, never mislead the Court.

     

    What was the role of mentors in your case? How important do you think a mentor is in the field of litigation?

    I was extremely lucky to have wonderful seniors like Mr. K.P Dandapani, Mrs. Sumathi Dandapani and Mr. Jaju Babu who are all designated Senior Counsels who mentored me and had tremendous confidence in my abilities. This motivated me to reach office at 7.30 AM and work till late night until the work entrusted was finished completely. They paid me handsomely which was also a very important factor as far as a junior lawyer is concerned. It is very important for a young lawyer to have a mentor to guide him/her just like a toddler during infancy.

     

    Please tell us about the requisite soft skills which are essential for a young lawyer to build a successful career?

    There is no substitute for hard work. Try to get a good mentor. Be ready to take whatever assignment that is given and never shirk away from responsibilities. Learn to respect your colleagues and opposite side lawyers. Invest in proper infrastructure. Don’t be concerned about money. Always be courteous to the judges. You don’t win any case by picking up a fight with a presiding officer! You will only succeed in losing not only that case but other matters too till the judge gets tired of dismissing your matters! It’s good to have aggression and self confidence but over confidence would land you in trouble. Always be prepared and never go to argue a case without preparing properly. Always take the relevant statutes and the latest case laws on the point when you go to argue a matter. Never underestimate the opposite side.

     

    How did you build up your client base? How many years of practice would you say it requires to build a firm clientele?

    There is no hard and fast rule for this. Work hard and put in your best effort when a client comes to you. Satisfied clients will in turn, get you more clients. Legal profession is a unique profession where you cannot build up a client base through marketing gimmicks. One needs a lot of luck to be at the right place at the right time. There are so many learned lawyers who have vanished due to lack of opportunities. I genuinely feel that not all are capable of being leaders. There is a lot of space for everyone here. The lawyers who are incapable of building up a client base on their own must find good senior or like minded lawyers and form a firm and learn to manage things. Some are good in impressing clients but may not be effective lawyers. These two categories can form a common platform. Gone are the days of individual practitioners. A group of like minded lawyers providing a one stop shop would become the order of the day in the future.

     

    What has been your experience of being a Standing Counsel? How is the work pressure and what are your responsibilities like?

    Being a Standing Counsel of an institution like the University of Calicut was purely providential. It was a huge responsibility. In June 2011, nearly 4000 case files were brought over to my office and I didn’t know where to start with. Within three years, I have with the support of my able colleagues Mr. Arun Thomas and Mr. Jennis Stephen, disposed off nearly 2500 cases. I consider it a huge opportunity to help students who have a genuine cause to have their grievance redressed.

    A lot of old service matters could be disposed off. The High Court judges who dealt with the jurisdiction are very efficiently disposing off matters. The biggest challenge was to build a good working relationship with the client and to get instructions on time. Giving timely legal advice and getting instructions from the various departments of the University were all difficult in the beginning but over a period of time it started functioning smoothly like a well oiled bicycle. One must learn to respect the representative of the client who comes to instruct you.

    I was fortunate to have a great team right from the Vice Chancellor till the Assistant in the Legal Department who would be ready to render all possible support and assistance. Each day was a new learning experience. Being a Standing Counsel of a prestigious institution increases your visibility and gives you tremendous exposure. You get to argue cases against the best lawyers in the field. You get to learn the subject in extenso.

     

    When you hire lawyers, what kind of skills and profile do you look for? What kind of a profile suits best to the profession?

    All the lawyers we have hired have been recommended by my friends. We have been extremely lucky to have a set of sincere hardworking colleagues. I personally feel that young associates must be delegated work depending on their potential. Over burdening a junior lawyer with work he/she cannot do will only help in demoralising them. At the same time I hasten to add that each one should be pushed to their optimum to make them good lawyers and better individuals.

    Right from the time of internship in their first year, law students must try out different options like NGOs, Law Firms, Individual practitioners etc. and by the time one completes the third year he/she must have a clear idea about where they want to be after graduating. As a junior lawyer one must not be bothered too much about the monetary aspect. For the first five years it really helps if one has a generous and understanding father.

    I was really privileged to have a great father who ensured that all my needs were to be taken care of so that I could concentrate in my work. If you are serious about the profession, you must be ready to put in long hours at work. Be assured after some time in your career those long hours you have put in as a young lawyer will definitely help you in your journey. I have seen a lot of youngsters in my time. Some of them have started their blogs, websites, entrance coaching centres etc, taken up theatre and even marriage photography mainly because most of them eventually got fagged out after learning “Law” for five years and this prompted them to do something out of the box.

     

    Do you think that achievements such as having a landmark judgment to your credit can change one’s recognition drastically?

    I don’t think so. I strongly believe each day is a new day and you have to consistently deliver your best. There is no place for complacency in this profession. You cannot afford to rest on your laurels. In fact some of my important cases which we won did not actually get the client the relief which they ultimately wanted. They were classic cases of “operation successful but patient dead”. It definitely feels nice when your peers send you a text in appreciation of your efforts after reading a reported judgment which you have argued.

     

    Do you feel that there are differences between students of ‘elite’ law schools and students from other law colleges and traditional universities?

    Frankly it is difficult to generalise. The students from the ‘elite’ law schools have a structured curriculum which makes them better equipped. I guess one gets a 5-10% head start if you graduate from a good law school. But if any student feels that he is superior in any way to his peers who have graduated from other law colleges he is a FOOL.

    Once you enter the profession if you don’t work hard, others will catch up and before you realise it, they will run over you. It is high time and the scheme and syllabus of all law colleges are also structured in a similar fashion which will do away with artificial barriers. With the right kind of opportunities and a proper level playing field, anyone with a passion will be able to make a mark in this profession.

     

    What are your views on the future of Indian legal education? How would you suggest that a law student manages to stay ahead?

    It is high time the three year courses are stopped. After retirement persons must not be permitted to enter the profession as a litigator. They could be permitted to practise in non litigation areas. The State Bar Councils must provide for a stipend for young lawyers from economically weak backgrounds to survive for at least 5 years after graduation. All lawyers have a duty to contribute to that corpus. Courses which gives more in depth exposure to applications should be evolved and incorporated into the curriculum in place of those which require mugging up and reproducing what you have memorised. An opportunity must be provided to young first generation promising law graduates to get a placement with a successful lawyer. All of us have an obligation to reach out and do our little bit for our young brothers and sisters who join the profession with all earnestness to become “social engineers”.

     

    What would be your advice to young law students? How do you think that they should approach their career?

    Don’t be an arm chair critic who looks down on everything in life. Learn to appreciate the good things in life. Equip yourself and make yourself marketable. Be ready to work hard. Be practical in what you want to achieve. Everybody cannot be a Harish Salve, K.K. Venugopal, N.R. Madhava Menon, or a Cyril Shroff. India is one of the biggest populations in the world. Everyone has a legal requirement at least once in his/her lifetime. If we can make a qualitative difference to at least one person due to our expertise we can make the world a better place to live in. Ours is a noble profession.

    Let us collectively restore its lost glory. Wish you all a Merry Christmas and a Happy New Year!

  • Sucheta Chatterjee, Indian Foreign Service Officer, on the UPSC and work experience at SEBI

    Sucheta Chatterjee, Indian Foreign Service Officer, on the UPSC and work experience at SEBI

    Sucheta Chatterjee is a graduate of WBNUJS, Kolkata (2007 Batch). Soon after her graduation she joined SEBI as a Legal Officer and had been working there for six long years, before challenging herself to the formidable UPSC.

    For her, taking the UPSC was more of an aspiration to serve the nation as an IFS Officer. She had determined that she would either serve India in the Foreign Service or continue in SEBI.

    In this interview she shares with us:

    • Work experience at SEBI
    • Deciding to take the UPSC plunge
    • Taking the UPSC prelims and the mains
    • Training period and posting

     

    How would you introduce yourself to our readers who are mainly young and enthusiastic lawyers?

    I would firstly like to congratulate them for taking up law as a career. As far as introductions go, I’m a law graduate from the National University of Juridical Sciences, Kolkata, and I subsequently worked in SEBI in the very niche field of capital markets and securities law, specifically in enquiry and adjudication matters. Thereafter I stumbled into the Indian Foreign Service. My first posting abroad will be in Moscow.

     

    What inclined you towards the field of legal education? Did anyone among your family and friends suggest you to choose alternate career options?

    Growing up as an adolescent in Calcutta’s politically charged atmosphere left me well coloured with a burning idealism and a fierce intolerance of injustice. At eighteen, I felt as if I could change the world and fight for the rights of the underprivileged and [sociallocker]marginalized. Therefore, I joined law school with starry eyes and I was rather disconnected from reality.

    My family and friends were very supportive and never tried to impose any course of action upon me. I remain grateful to my parents for their unflinching support even in the face of some unconventional decisions that I’ve made.

     

    How was your experience at NUJS? What activities were you involved in apart from the regular academic curriculum?

    NUJS was a wake-up call in many ways. My years there taught me some very hard lessons about the legal system. My very first encounters with the bureaucratic mode of functioning happened in NUJS, leading to several bitter-sweet incidents. All things considered, it was a very extensive learning experience that enriched my life and I feel a sense of gratitude towards my alma mater. I would specifically like to mention Professor D. Banerjee who was always an inspiration in my life. He had always told me that he felt that the civil services would be the best option for me and that he was confident that I would get selected.  I kept telling him that I couldn’t possibly get selected. Had he been alive, he would have been very happy. I miss him so much.

    As far as co-curricular activities are concerned, I can only remember a controversial monograph I’d written about the AFSPA in Manipur, which won me the first prize, to my greatest astonishment. Otherwise, I was essentially a loner and did not participate in any activity if I could help it. I was rarely in the campus after class hours and spent most of my time reading really amazing books (borrowed from the library) that had nothing to do with our academic curriculum.

     

    After graduation, you joined SEBI (Securities and Exchange Board of India) as a Legal Officer. How did you go about the appointment? Please tell us about the recruitment process at SEBI.

    I was selected by SEBI through the campus recruitment programme. I chose SEBI over law firms because I felt that working in the government sector has certain specific advantages that are not available in the private sector.

     

    You have worked with SEBI for a considerably long time as an Assistant Legal Advisor. Please tell us about your experience there.

    I worked at SEBI for about six years! SEBI is an outstanding employer. My years there were a continuous learning experience, albeit in a very niche sphere. SEBI, and especially my colleagues there, will always remain special to me. I will always feel a sense of gratitude to them for making my debut into the legal world such an enjoyable experience.

     

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    When and what inspired you to appear for UPSC after having a secured career at SEBI?

    Will you believe me if I tell you that I appeared for the UPSC exam because I wanted to get away from my boss?! That was indeed a major factor.

    Another reason was pure wanderlust and I felt that joining the Indian Foreign Service would be a great way to live in various parts of the world, immersed in alien cultures. The fact that I have always been keenly interested in international affairs further strengthened my resolve to give it a go.

     

    When did you start preparing for the exams? When should a person ideally start preparation for the UPSC exam?

    I had severe time constraints because I was handling a full-time job while preparing for the exam. I started practicing a lot of mathematics about a few months before the preliminary examination. I focused entirely on mathematics because I felt that my performance in the quantitative aptitude part of the paper would make or break my attempt to clear the civil service exams. I studied for the main examination only after the results of the preliminary exam was declared and I was sure that I had qualified for the main exam.

    I suppose ideally a person ought to start preparing a year in advance but then I firmly belong to the school of thought that maintains that the amount of time you study is irrelevant. How you do it is what counts.

     

    Did you enrol in a coaching institute? How valuable do you think coaching institutions can be for UPSC preparation?

    No, I did not enrol myself in a coaching institute because of time constraints. Thus, I am not competent to opine about the value of coaching institutions.

     

    How many hours did you put in for your preparations every day? Is it important to have a fixed schedule or weekly targets important according to you?

    It varied from two hours to none at all. I did not maintain a fixed schedule and studied in fits and starts.

    I am sure fixed schedules and monthly targets are useful for those inclined to study in that manner. It is important to know what suits you as an individual and to create your own style of preparation. I don’t believe there is a fixed formula for success.

    What did you do to keep yourself abreast of all domestic and international current affairs? How did you study for static GK?

    I relied on The Hindu and the Indian Express to give me a fair idea of how events were playing out in local and international politics. But this isn’t something that can be started a year before the exam. It is a lifelong process and one has to keep reading all the time. I strongly believe that in the UPSC, it is accumulated knowledge that makes all the difference.

     

    Did you regularly read newspapers? How did that help you? How should one strategically use newspapers for preparation?

    I have always read newspapers regularly. It has become a habit. With time, one can instinctively pick out what’s important and what is of relatively less importance. My personal favourites are the editorial section and the opinion page. It is a mistake to cram up facts because the pattern of the UPSC paper is heavily analytical.

     

    Which books/materials did you rely on while preparing?

    A CSAT book published by Tata McGraw Hill on quantitative aptitude helped me to conquer my fear of mathematics to an extent. For the mains, NCERT textbooks were my bible, so to speak. I also highly recommend The Economic and Political Weekly as well as The Frontline magazine. Wikipedia should also not be underestimated, no matter what the pundits tell you. It also helps to choose one’s own subject for the Main Exams as it saves the trouble of learning an entirely new subject. The myth that some subjects are more “scoring” than others has effectively been busted. I stuck to my strengths – law and political science.

     

    Lakhs of people attempt the UPSC prelims and only a thousand get selected for the main written exam. Which are the prime skills and expertise required to crack the prelims?

    I will spare you a lecture on hard work and dedication because that would be an insult to lakhs of candidates who studied very hard with tremendous dedication and still did not make it. The role of chance is a big factor that is seldom mentioned by successful candidates. You have to do your best and hope that by chance you get to attempt questions which you have prepared for.

    Besides, those who have good time management skills have an obvious edge over those who do not.

     

    Please share with us your insight of attempting the prelims.

    You are interviewing me more than two years after I appeared for the preliminary examination. I cannot remember much except for the fact that most of the multiple choice questions were very tricky and designed to make one choose the wrong answer so I attempted only those questions that I felt reasonably sure about in order to avoid negative marking.

     

    What kind of posts had you opted for in the UPSC enrolment form? How do you want to serve the nation? Didn’t you think of applying for the IAS?

    In my DAP (detailed application form), I chose the Indian Foreign Service as my one and only option. I could have easily got IAS with my home cadre but I was determined to join either the IFS or remain with SEBI.

    As a diplomat, I would like to contribute to the formulation of a rational, enlightened foreign policy in consonance with the spirit of the constitution and the ideals of Panchsheel.

     

    How would you rate the main exam question paper on difficulty?

    The main examination paper was rather difficult, at least by my standards. The GS papers especially had some very tough questions that compelled a lot of thinking and planning before writing, leading to a time crunch.

     

    Did you appear for mock interviews? What are your views on taking mock interviews?

    No, I did not appear for mock interviews. So, I can’t comment on that too.

     

    Any specific strategy you would recommend us for the interview?

    I decided to be frank and forthright in my interview and not pretend to be someone I am not. The board members were all experienced bureaucrats who could easily see through all attempts at falsehood. Therefore one should respect their intelligence and not try to fool them. I was asked several highly controversial political questions and I answered all of them with candour and made no attempts to be evasive. Thankfully, I was also asked a lot of legal questions. There was one question to which I did not know the answer and I admitted my ignorance.

    “Bullshitting” is absolutely useless in the UPSC interview. Interestingly, I was even made to recite some Bengali poetry and sing a few lines of Rabindra Sangeet. I am sure the board members regretted asking me to sing the moment I opened my mouth!

     

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    How would you describe your training period? Please share some memorable moments of your training programme with our readers.

    The training at Lal Bahadur National Academy of Administration, Mussoorie, was a saga of never-ending hardship for a laidback, unorganized person like me because there is a lot of emphasis on discipline, order and method. The fun parts were the treks, village visit and weekend parties in the Officers’ Lounge. But apart from having to get up at 4:30 a.m. in the freezing cold for P.T., I think we all had a stellar time.

    The training provided at the Foreign Service Institute was excellent. We especially enjoyed ‘Bharat Darshan’, the attachments with all three wings of the armed forces and the mission attachment at Dhaka. It is a cliché to say that training is the best part of the service bit it is very true, nonetheless.

     

    After the training period, where was your first appointment?

    At present, I am undergoing desk attachment at South Block in the Eurasia Division. My first posting will probably happen around August, 2015 in Moscow, Russian Federation.

     

    Please tell us a little about your work profile working as a Foreign Services officer. What are the responsibilities you are entrusted with?

    As a Foreign Service Officer, we are entrusted with nearly everything that involves a foreign relations component, from writing concept papers, to vetting treaties and MoUs to organizing visits of heads of states etc. Our division successfully handled the recently concluded Indo-Russia Annual Summit in New Delhi. We get to learn something new every day and compared to other services, political interference in the IFS is minimal.

     

    How is a typical workday like? How has your experience of being an IFS officer been so far?

    A typical workday involves getting up early and rushing to South Block by 9, dealing with little mountains of files, attending numerous phone calls and meeting a wide variety of people from all over the world. While working abroad, the experience is bound to be different.

     

    What would be your message to law students and lawyers who aspire to become a civil servant?

    It is always an asset to the civil service to have legally literate officers and I personally believe that law students and lawyers have an edge over others in the civil service exams because of the five years of rigorous training that we undergo at law schools. So if you think that the civil service is where you aim to reach, there is absolutely nothing to stop you! All the very best!

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  • Neeraj Arora, Expert Investigator, Cyber Crimes, Delhi Police on building a career in Cyber Law

    Neeraj Arora, Expert Investigator, Cyber Crimes, Delhi Police on building a career in Cyber Law

    Neeraj Arora started working in the Delhi police as a sub-inspector in order to support his family, while studying B.Com. Thereafter he did his LL.B from Delhi University.

    After graduating and continuing work in the police force, he developed an interest in cyber crimes and law and took up a variety of certificate courses and diplomas in India and abroad to further his knowledge in the area. Eventually, he started up his own law firm, Hazen Legal Associates which specialises mainly in cyber law and offences.

    Presently, he is a designated Expert Investigator and he has investigated a large number of cases relating to E-mail related crimes, Web-Server/System/Wireless Network Hacking, BPO Data theft, Online Auctions Website Frauds, Obscenity, E-mails/SMS Spoofing, Phishing Frauds etc. for the Delhi Police. He serves as a guest faculty member and a guest lecturer of ISACA, NICFS, Indian Law Institute, Directorate of Enforcement, Indian Institute of Corporate Affairs and many other prominent institutions. He is also an Arbitrator for NSE, ICADR and MCX in online trading matters.

    In this interview we asked Neeraj to share:

    • His initial decisive moments during graduation
    • Being a part of the Delhi police and his work in the Cyber Crimes Cell
    • Doing a number of extra diplomas and certificate courses in Cyber Law and Digital Forensics
    • Being a Consultant for the World Bank
    • Being appointed as an Arbitrator of the National Stock Exchange
    • His experience of starting up his own law firm, Hazen Legal Associates

     

    Please introduce yourself to our readers and tell us a bit about your college life days. Did you have lawyers in your family?

    After doing my 12th, I started working and took my first job as an Accounts Assistant because my family circumstances required me to earn for my family. I joined B.Com (H) at the School of Correspondence Studies, Delhi University, while continuing my job. I also took up part-time writing work, filing of Income Tax/Sales Tax returns and tuitions to support my family. I am a first generation lawyer in my family.

     

    You are a Commerce (B.Com) Graduate and a Cost Accountant by qualification. What prompted you to make the transition to law?

    After completing B.Com, I joined ICWA as I intended to join the accountancy profession. Meanwhile, due to my financial troubles, [sociallocker]I joined the Delhi police as a Sub-Inspector. I also continued with ICWA and completed my final in 1996.

     

    You have pursued PG Diplomas in Arbitration and Drafting long after graduating in LL.B. What prompted you to take up these diplomas?

    I did my LL.B. from Delhi University in 2001 and pursued a PG Diploma in Arbitration & PG Diploma Drafting of Legislation, Treaties, International Agreement & Contracts from 2008 to 2010. I pursued the extra diplomas because the topic fascinated me as it upgrades existing skills and enables one to reach new heights in life as well as the legal profession. After resigning from the Delhi police in 2008, I decided to explore my career in Arbitration which is an upcoming and rewarding career. In 2008, I was appointed as an Arbitrator with the MCX Exchange and to augment my skill in the field of International Arbitration, I joined and completed these two part-time courses, PG Diploma in Arbitration, Drafting of Legislation, Treaties, International Agreement & Contracts.

     

    You have been practicing cyber law for almost eight years now. How did you become interested in cyber law?

    In 2005, I was transferred to the Cyber Crime Cell of Economic Offences Wing (EOW) of Delhi police and at the time I didn’t have much knowledge of computers. I treated the posting as a punishment, but took it up as a challenge as I foresaw huge potential in the area. I did a number of trainings on cyber offences from various police academies: CBI, CDTS and also did a Certificate Course in Computer Forensic from IP University, Cyber Crime Investigator Course from Asian School of Cyber Law, PG Diploma in Cyber Law from Indian Law Institute (ILI), Delhi, PG Diploma in Cyber Security from Asian School of Cyber Law and MBA (Information Technology) from Manipal University. Consequently, that is also how I became one of the prominent Investigators of the Cyber Crime Cell of the Delhi police.

     

    neeraj-arora-2

    You are associated with Delhi Police as a Cyber Lawyer & an Expert Cyber Crime Investigator. Please share few interesting experiences of your investigation with our readers and tell us more about these issues.

    On being equipped with knowledge on Information Technology, I got opportunities to investigate a large number of cases relating to E-mail related crimes, Web-Server/System/Wireless Network Hacking, BPO Data theft, Online Auctions Website Frauds, Obscenity, E-mails/SMS Spoofing, Phishing Frauds etc.

    In all the cases, I prepared the mirror images on the spot, collected relevant digital evidence, arrested a number of hackers, filed the charge-sheets in the court, etc. The investigation of cyber offences was quite challenging as there were no precedents, standard operating procedure and no one to guide us. I have collected the requisite information from the internet, various books and journals on digital forensics and by 2008, I was awarded the status of an expert cyber crime Investigator.

     

    You are a Certified Forensic Computer Expert and an empanelled member of IACIS for more than two years now. What is your job as an expert at IACIS? What kind of issues do you deal with?

    The IACIS (International Association of Computer Investigative Specialists) is the top most organization in the world which specializes in the field of computer forensics. The Certification, “Certified Forensic Computer Examiner” (CFCE) is one of the top most certification which is also recognized by the Forensic Specialities Board of U.S.

    In order to augment my skill and also to gain an in-depth knowledge, I joined the Certification and attended two weeks Hands on Training in Orlando, U.S. and after that I worked hard for another year and passed the six exams which involves analysis of mirror images to find out the Window, Internet and other Artifacts of the Crime.

    The Course was a big challenge as this is the only Certification which requires extracting the evidence without using Forensic Software. The only Software which can be used is Hex Editor and for doing one need to have good knowledge of FAT File System, NTFS etc. as the Data/Artifacts has to be extracted manually by finding the location of data from FAT/MFT Table.

     

    You have vast experience as an Investigating Officer of CBI, Cyber Crime cell and Economic Offences Wing of Delhi Police and you are also associated with Justice K. Venkataswami Commissioner of Enquiry (Tehelka) for more than a decade. Please share your experience.

    I joined the CBI as Inspector on Deputation and got the opportunity to investigate the huge and technically complex cases of Economic Offences going into hundreds of crores of rupees. My skill and knowledge in the field of Finance, being a Cost Accountant, enable me to investigate these cases and to book the fraudsters. As an Investigating Officer with Justice K. Venkataswami Commissioner of Enquiry (Tehelka), I got the opportunity to investigate the huge scam and I received an award for outstanding investigation in the said assignment.

     

    You have trained many professionals at Police Organisations, Indian Law Institute, CBI and also at IACIS. Please tell us about your training programme.

    The arena of cyber forensics comprises of three domains namely Computer Forensic, Network Forensic & Mobile Forensic. These domains are inter-connected and integrated in such a manner that the knowledge of three domains is required to handle the Digital Evidence. I have been continuously sharing my knowledge of these domains by way of training. The training I provide is an integration of Bit & Byte, Debit & Credit with investigation and procedural and substantive laws.

     

    neeraj-arora-3

    You have also delivered a couple of lectures on cyber law. How do you prepare yourself before any presentation or delivering any lecture? Please give some tips to our readers.

    My competence in integrating computer forensics with digital evidence, e-commerce, procedural/substantive laws gives me a unique edge in delivering training in the field of Cyber Crime/Cyber Law/Computer Forensic/Financial Forensic when it is connected to the ground realities of investigation, analysis and presentation in a court of law. I am able to provide a solution to the various gaps in the investigation, collection, analysis, presentation & cross-examination on the digital evidence and integrate it with the applicable principles of digital investigation, digital evidence, cyber laws and other procedural/substantive law.

     

    From your profile it can be seen that you have strong exposure, knowledge and specialization in Arbitration law. How did you gravitate towards this discipline?

    Arbitration is one of the upcoming fields which require skills of legal procedure, proceedings, appreciation of evidence and discovery. The academic domain, knowledge and experience plays a major role in acquiring these skills and since the entire world is moving to ADR for dispute resolution, this is the most growing field with opportunities increasing exponentially.

     

    As an Arbitrator and Mediator for NSE, ICADR and MCX what kind of disputes do you deal with? What is the normal time period of disposal of an arbitral proceeding?

    As an Arbitrator on various exchanges, I am adjudicating the disputes relating to the Online Share/Commodity Transactions between the Members of Exchanges (Brokers) and their clients.

    As a member of IGRC on various exchanges, I conduct conciliatory proceedings to resolve disputes relating to the online share/commodity transactions between the Members of Exchanges (Brokers) and their clients. This mechanism provides an opportunity to the litigant to resolve their dispute with the help of Conciliator/Mediator.

    The normal time period of disposal of such dispute is 3-6 months. The disputes are resolved by conducting the proceedings as per the bye-laws and exchanges and the procedure prescribed in Arbitration & Conciliation Act, 1996.

     

    You were also appointed as a Consultant of World Bank for four years. How did you get associated with the World Bank?

    I was appointed as a Consultant to the World Bank for analysing the contractual issues relating to the projects of World Bank.

     

    You have started your own firm – Hazen Legal Associates. What were the primary challenges you faced?

    I have started my own firm as the various skills in the field of law, finance & cyber offences gave me an edge. I got a lot of work in the field of criminal laws, cyber offences and consultancy relating to cyber offences. The only challenge was to bring together so many technical and legal aspects, which I did with the help of my colleagues and associates.

     

    What are the practice areas at Hazen Legal Associates? Do your firm emphasize more on cyber law than other areas of law?

    The main practice area is confined to criminal trials in the field of economic, cyber & anti-corruption cases. Due to heavy demand in the field of cyber law, we are now specializing in consultancy and compliance with cyber law as required by ISO 27001, storage/maintenance of digital evidence, handling cases relating to cyber crimes, cross- examination on digital evidence, handling of cyber security, etc.

     

    What is the application procedure for interns at HLA? What do you look for in a prospective applicant?

    We keep 3-4 interns at all times. The application procedure requires the applicant to send the detailed profile at on cyber.nk@gmail.com, we shall then follow it up by an interview. The skills required are knowledge of computer and research in the legal field. The networking and programming knowledge adds to the priority for the applicant.

     

    In spite of having so many involvements in various organizations apart from managing your own law firm, is it easy to have a work-life balance?

    It’s always a challenge but with the support of good colleagues and associates, one can maintain a work life balance.

     

    How should one go about starting his/her own cyber law practice in India? Please name a few institutes to study cyber law in India. How important are procedural laws in this discipline?

    A good knowledge of computers is a must. A Diploma in Computer Networking is required to understand the Cyber Offences and any further qualification in the field of Computer, Network or Mobile would add to the success of individual in this arena. There are various Institutes which provide courses like Indian Law Institute, NALSAR, IGNOU etc.

    Procedural laws have a very important aspect in Cyber Law, one should have knowledge of Criminal Procedure Code/Civil Procedure Code/Evidence Act. Without a good knowledge of these procedural laws, success in the field of cyber law cannot be achieved because the implementation would be only through these procedural laws.

    The other important aspect is that the Cyber Law caters to only 20% of the Cyber crimes whereas 80% of all Cyber crimes get covered under the IPC and other Laws.

     

    What would be your advice for aspiring cyber lawyers?

    The aspiring cyber lawyer should develop their skill in the field of procedural laws and Internet Technology at the same time. Later, these practitioners may not get the time/opportunity to develop skills and therefore, I recommend that aspiring legal practitioners should acquire maximum technical skills parallel with their L.L.B which would give them an edge later on.

    In the Europe, U.S., etc. most of the cyber lawyers have a background in technology like B.Tech etc. Now, integrated Course of B.Tech + L.L.B. (5 Years) have been introduced in various Universities/Colleges and pursing these courses would ensure the success in the field of cyber law. It can be said that candidates with such qualifications will dominate the cyber world in the near future.[/sociallocker]

  • Aditya Sondhi, Senior Counsel, Karnataka High Court, on building a career in litigation

    Aditya Sondhi, Senior Counsel, Karnataka High Court, on building a career in litigation

    Aditya Sondhi is an alumnus of the NLSIU, Bangalore. He graduated from NLSIU in 1998, and had thereafter independently set up his litigation practice, ‘brick-by-brick’. He was recently (in June, 2014) designated a Senior Counsel at the Karnataka High Court.

    In this interview, he reckons his first hearing at the court and shares with us his in-depth experience of advocacy. There is so much to learn from here. Read on!

     

    Please tell our readers what motivated you to take up legal studies?

    I was an accidental lawyer. One had heard of the NLSIU at Bangalore in the early 1990s, and when the entrance exam came along, I sat for it just for a lark. My plans were to go to England after my 12th standard. As it turned out, I cleared the Law School exam and ended up staying on in Bangalore.

     

    Have the NLUs been able to produce socially relevant lawyers? What is your take on this, given that many chose to take up firm jobs?

    Quite so, because those who have taken up social-action practice have made their mark. There is a saying in Hindi – Sau sonar ki, ek lauhar ki (For a hundred blows of a goldsmith, a single blow of the blacksmith). Despite many NLU alumni taking up corporate law at firms, the few who have taken up socially relevant lawyering have [sociallocker] more than made up for their tribe. Like my classmates and friends at the ALF.

     

    aditya-sondhi-2

    How was your law school experience at NLSIU? Are there any memorable moments which you would like to share?

    I was fairly nonchalant about being in NLS and hence didn’t necessarily get very deeply influenced by the ethos of the place. Equally, my contribution to the institution as a student was negligible. I do, however, vividly remember our founder-director Dr. Madhava Menon at the orientation programme in 1993, clearly mentioning that the object of the Law School was to contribute purposefully to the Bar. For me, that was a clarion call of sorts and helped me take up litigation once I graduated without even an iota of doubt.

     

    How do you say a law student can shape up his profile for litigation while still in law school? Do moots and academic writing help?

    Moots and academic writing scarcely help one shape up for practice. Though moot courts may give a mild flavour of what it is like to prepare and argue a brief, the lack of accountability to a real client or a real cause makes the experience artificial. Academic writing in fact makes it difficult to adjust to pleadings for court, which are meant to be concise, uncomplicated and largely factual. Even the legal grounds that are pleaded are expected to be scholarly, yet pithy. Closer attention to research and strenuous litigation internships can surely muster up a skill-set that comes handy in the long run. Most importantly, law students must stay clear of the anti-litigation propaganda that goes around and make up their own minds about practice.

     

    How were the first few years after your graduation? Would you say law school prepared you for the real world practice of law?

    They were the toughest years of my life. Simply, because I realized how ignorant and wet behind the ears I was. It was more a case of trying to survive in practice, rather than succeed. This was due to the fact that one knew so little and experience could only be gathered the hard way. Law School did not prepare me for this episode, as the culture in NLS was generally removed from litigation and concentrated more on academia and corporate, in-house practice. Of course, the few professors who had shown us glimpses of the real world outside, like Dr. Lalit Kumar Rao (may he rest in peace), were valuable mentors.

     

    Please tell us about how you decided to pursue litigation. What were the other opportunities you were considering?

    As I said earlier, Dr. Menon’s message stayed with me. This, coupled with the fact that I was offended by very senior professionals coming down for pre-placement talks and simply selling their firms to the students. I always wanted to work in an environment where I would be inspired by my seniors. Not be seduced by them to join them. That changes the entire grain of how you approach your life ahead. A robust placement in my fourth year with Mr. Dipankar Gupta in the Supreme Court and in the final year with Mr. Udaya Holla clinched it for me.

     

    Did you have a mentor while in your formative years of your practice? How was your experience arguing at the court for the first time?

    Not directly, but Mr. Holla shaped my career tremendously by simply giving me opportunities to argue matters in the High Court from the day I enrolled. His style of mentorship is quite stringent and effective – to throw you in the deep and let you swim for yourself. Something he has done himself with remarkable élan. On the evening that I got my sanad, when I offered my senior some sweets, he reciprocated by offering me two files for the next day to argue in Court!

    One was a writ petition before the legendary Justice R V Raveendran, in which former Advocate General Mr. B V Acharya appeared for the petitioner, and I could not get to open my mouth for the respondent! Not so much out of fear, but more because I had over-prepared for the case and did not know where to begin. (Fortunately for me, the other case allotted to me was adjourned!).

     

    What was the attitude of judges towards new advocates? Has it changed over the years? Are there any specific challenges to be faced on the first day?

    As I recounted my first hearing above, I can say that soon enough I became confident to argue more assertively and calmly in Court, and tribute here must be paid to some wonderful judges at the time who were most encouraging to juniors. I can recall Justice Dattu, Justice Rangavitalachar, Justice P V Reddy, Justice Mohan Kumar, Justice Thakur, Justice PatriBasavangoud and Justice Rajaratnam, among many others. Some of them were tough task-masters but at the same time, never bullied or discouraged juniors. This brings out the best in junior advocates – knowing they need to be fully prepared and that the Court will hear them impartially. The greatest challenge in the beginning is the mind-block that one has with the system – uncertainty as to how the Courts will treat a new entrant. Good seniors and judges help you keep the faith.

     

    How do you say we can boost the fiduciary relations between clients and us? How many years of practice would you say is required to build a firm clientele?

    One good performance is sufficient to build faith in the party. Clients, generally, only expect their Counsel to be prompt in their filings, honest to the T and to give it their best when the case is heard. Of course, the unethical practice of soliciting clients makes it very difficult for solo, first-generation practitioners who stay true to their code of conduct. I would say, my clientele was never as large as many other lawyers. However, it was built brick-by-brick, and that takes years.

     

    What all does a Senior Counsel have to do? Please tell us about a typical work day.

    Seniors have the benefit of not having to worry about mundane, micro-management of cases and are only required to argue their matters to the best of their ability, after being briefed by the advocate on record. However, the very fact that one is a designated Senior mandates greater preparation, better submissions and total fairness to the Hon’ble Court. Typically, a day entails briefings by Counsel on record and interaction with juniors to prop up the research. Thereafter, it’s a question of waiting your turn in Court and arguing the brief. Evenings are at Chambers, where briefings and reading continue.

     

    aditya-sondhi-1

    What are your core areas of practice? How do you say one can find his domain?

    I’ve always maintained that litigation is a speciality in itself and thereafter one may or may not concentrate on any core area of law. I would say my work broadly covers commercial and constitutional law, on both the civil and criminal side. Having said that, there is a great thrill in arguing newer areas of law, where one is outside his / her comfort zone and where one must work doubly hard to do justice to a brief. Unless one already knows what area of law he should practice in, it is best to free-fall and discover the areas of interest as one goes along.

     

    What is the transformation from being a Counsel to Senior Counsel like? Are business development skills mandatory at such higher roles?

    A designated Senior Counsel at the time of his / her designation must already be made of the stuff that is expected of a Senior. If that is so, the transition is not so sharp, though one does face several practical changes in terms of retiring from pending cases, avoiding direct client interaction and so on.

    I’m afraid, that the words ‘business’ and ‘practice’ do not go together in the profession. The skills are professional and entail the entire gamut of skills required for better advocacy. Not least, a high degree of ethics, which one must constantly strive to uphold. And which is no easy task.

     

    How did you take time out for pursuing higher studies? Would you say higher studies are necessary for a career in litigation?

    I got my masters’ in political science through correspondence and thereafter a PhD, while I was practising. This I did only because I missed the academic side a little. Otherwise, neither did I intend to pursue an LL.M nor do I think one can afford to take much time off from practice to pursue higher studies. Particularly, if you are a first-generation lawyer and have to stay at it from day one.

     

    What are the skills that you look for when you hire juniors under you? How do you reckon that law students should develop these skills?

    The hunger to learn and the modesty to know that they know very little. My chambers are ill-suited for juniors who are smug and all-knowing. These are not so much skills as they are an attitude. And that attitude needs to be developed by introspection.

     

    When you accept interns under you, what kind of qualities do you look for? How do you say interns should go about their work so as to get noticed in a positive way in the limited time they have?

    I find it quite difficult to screen interns considering the number of students who apply. And I get all sorts. Really good, keen interns and others who are there as a formality. Interns clearly need to slog and make the most of their time in Court, without waiting to be spoon-fed assignments. Internships are meant to get a feel of what Courts are like, and that effort has to come from the interns themselves. A lot of them sit around hoping I will do the needful for them. And they are usually disappointed.

     

    Having mentored quite a few students have you found any difference between NLU and Non-NLU students? Do you think law schools have a role to play in one’s career trajectory?

    Non-NLU students show a greater hunger to learn, especially non-NLSIU ones. There is no chip-on-the-shoulder and there is an eagerness to show the world that one’s aptitude does not necessarily depend on the law school that they come from. In any case, NLSIU alumni do not choose to work with me and I have had all of two NLSIU products work with me in all these years! My best juniors have come from the local law colleges. My first junior, Nidhishree, was a gold-medallist from the ULC, Bangalore and has proved to be fine advocate with a bright future ahead of her.

     

    Is there any other suggestion you would like to give to our budding lawyers?

    The Law is an amazing universe – with diversity and depth, with unsolved mysteries and with room for everyone who accepts it whole-heartedly. But, as they say in cricket, no one is bigger than the game.

    [/sociallocker]

  • Robin David, Equity Partner at Dua Associates on career in corporate litigation

    Robin David, Equity Partner at Dua Associates on career in corporate litigation

    Robin David is currently a Partner at Dua Associates, Delhi. He graduated in B.Sc from Loyola College and thereafter completed his LL.B from Bharathiar University in 1989. Right after his graduation he joined the Bar and had been independently litigating. His practice areas included Contracts, Company Law, Competition Law and other corporate matters.

    With an in-depth expertise in various corporate matters and prior experience of 12 years in litigation, Robin joined Dua in 2002 and had since been working there. With his formidable experience in litigation he was quickly elevated to the rank of a partner in 2004. In 2013, he was made an equity partner.

    We took this opportunity and requested him to share:

    • His experience of litigation as a fresh law graduate
    • Building reputation and clientele in litigation
    • The role of higher education in building an illustrious career
    • The journey from a law student to becoming a partner at one of the leading law firms in India

     

    How would you introduce yourself to our readers who are primarily budding lawyers? Did you belong to a family of lawyers?

    I am a practicing lawyer for about 25 years. Legal practice is a great and exciting challenge. The legal profession gives one the opportunity to learn and to adapt. Most importantly lawyers have a great opportunity to do justice. I believe that lawyers have a significant role to play in the justice delivery system. I am the first lawyer in my family.

     

    You are a B. Sc. (Physics) graduate from Loyola College. Could share with us any specific incident which motivated you to pursue law as a career?

    I initially wanted to study engineering or science. However, since my childhood my mother told me that I would make a good lawyer. She implanted and reinforced confidence in me. So I applied for law more out of [sociallocker]my faith in her belief. I qualified the entrance examination. After few years of practice I realised how right she was because this profession is definitely for me.

     

    Being a science graduate, did you face any difficulties in law school? A lot of students from science stream pursue law after their 12th and face a lot of difficulties in studying subjects related to law. Can you share with us certain tips to overcome this issue?

    I do not believe being a science graduate is a disadvantage to pursue legal studies. Nor do I think that students from arts/humanities will have a considerable edge over science students while studying law. The study of science encourages analytical thinking, which in my opinion is one of the vital ingredients for legal studies and practice. The most important phase of learning for a litigation lawyer is during the first few years in practice.

     

    robin-david-1Did you do any internship during the course of your studies? What kind of work did you come across during your internships?

    I did not have an opportunity to intern as a student. This was probably because there was no mandatory requirement to intern at that time.

    However, I believe internships today are important. Internships provide an opportunity for students to learn about the application of law and get insights into the legal profession. Interns will be well advised to take their internships seriously. Ideally, interns should be willing and open to learn and know more about legal practice.

     

    You were also in the cricket and hockey team of your college. How important is it for one to engage in other activities apart from academics and professional interests?

    I started paying cricket from the age of 2. I have always been interested in sports and sporting activities. I played a bit of cricket, hockey and table tennis during school and college. Now I play cricket for my firm. I play golf as well. I believe it is necessary to engage in sporting activities and activities apart from academics and professional work. Being physically fit is crucial. Lawyers would do well to invest time on fitness and physical well being.

     

    Did you ever think of joining the civil services after graduating? Which career options were available to a law graduate in 90s?

    Civil services did cross my mind albeit not seriously. As far as I can remember the openings/options available to young lawyers were mainly to:

    • work as a junior lawyer (with little or no pay)
    • to join as law officer in any organisation/bank
    • join civil services
    • go abroad for LLM or to study LLM in India

     

    When you started your practice in 1990, how was the court atmosphere? How did the judges respond to young and new lawyers like you? What were the major challenges faced by you in the initial years of your practice?

    The courts are much more crowded now. The first challenge was to decide where to start work. Another challenge was learning the court procedures and practical aspects of legal practice. I was fortunate to commence work in the Delhi High Court. All seniors and judges were generally encouraging and helpful. However, the process of learning procedural law and how to face the Court is something every practicing lawyer will have to figure out on their own. The legal community is based on the seniors wanting to teach and the younger members of the Bar being open to learn. The junior lawyers were always respectful to the seniors and the institution. I also faced financial challenges because I was initially given a small stipend but I believe that such hardships actually help and motivate aspiring lawyers to work harder and be better advocates.

     

    How did you build up your clientele? How many years of practice do you say it would require to build a firm clientele?

    I am not aware of a formula to build a clientele nor can you stipulate a time line. I do not believe there is a formula to build up clientele. However, I have learnt that building clientele requires hard work, honesty, time, result oriented thinking and several other factors. In my experience I have found that the clients trust honest and sincere counsel. Knowledgeable lawyers do have an edge, however they are expected to be sincere to the cause and be honest. Lawyers should build up a good reputation for themselves.

     

    You have experience in litigation of around 25 years. Can you share with us your experience as a practising lawyer?

    Lawyers are trustees of the legal system. A lawyer is responsible to act with integrity and maintain public confidence in the judicial system. To be a successful litigation lawyer one must belong to a court in addition to knowing the basics of law. Counsel must be aware about their court and keep themselves abreast of the changes and developments. Counsel must be involved in Bar Association and participate in the court and association activities. Counsel should contribute to court related activities such as legal aid, arbitration, mediation, etc. I have had the good fortune of working with some great lawyers. I have also been a lawyer for the Delhi High Court Legal Services Committee since 2008. Learning from watching and observing court proceedings is an essential part of being a good lawyer.

     

    As a practising lawyer how did you manage to learn the basics of court room practice? Did you have anyone to guide and mentor you during the initial days of your practise?

    No doubt one learns from the seniors and colleagues whom you work with. I leant a great deal from observing others and noticing the reactions from the judges.

    I believe a lawyer requires to have a mentor not only during the initial years of practice but also later on. Initially mentoring is done by seniors but later you have to become your own mentor. A very important aspect of legal practice is the ability to evaluate yourself. Even the Bar Council of India recommends mentoring and training by lawyers.

     

    If someone does not go to a top law school, would you say he still has a shot at a great career in law? What should such a person do to develop necessary skills and profile?

    Going to a top school per se does not make you a good lawyer. Honest effort and hard work make a good lawyer regardless of the school.

     

    How did you get an opportunity to work with Dua Associates? How is your work at Dua Associates different from your independent practice?

    I began my association with Dua Associates in 2002. At that time I put in about 12 years of hard work as a legal practitioner and was already known for my work as a litigating counsel.

     

    Having been at Dua Associates since 2002 as a manager in the litigation team, you were promoted into the equity partnership; what qualities do you think helped you to achieve this status?

    Though I joined as manager in 2002, I was made partner in 2004. I was made equity partner in 2013. It involved sincere hard work and time.

     

    When you hire interns under you, what kind of qualities do you look for? What should an intern do to get noticed in a positive way?

    Honesty, hard work and commitment to work are important qualities in interns. I see interns who are there only for the sake of putting it on their CV.

     

    What changes has being a partner brought into your life, do you ever feel that there is excess of work load on you? How do you manage to strike a balance between your personal and professional life?

    Ever since I have started work as an advocate I have put in many hours of work every day. Becoming partner did not have any significant change to my professional working style. Have realised the importance of team work and have the need to contribute to the larger cause. Law is a calling and not a job.

     

    Do you feel that great lawyering skills are sufficient for a person to become a partner? What separates the people who become partner from those who don’t?

    Partners’ skills should complement one another. Ideally, if one is good at business development then the other partner would be good in other set of skills. Further skills can be learnt. Though, in my opinion a law firm needs persons having different sets of skills. Partners are those with great sets of skills and also those who show commitment to the growth and development of the firm.

     

    Do you feel that higher education helps a person to have a successful legal career? What would be your word of advice to students who wish to go for higher studies?

    It would depend on what you are looking for. For an advocate, LL.B is sufficient because practical knowledge can only be gained on the ground.

     

    How is the work culture at Dua Associates? If an associate commits a mistake or an error what course of action do you follow as a partner?

    A partner is responsible. In Dua Associates the Partners are the team leaders and oversee the work of the team. For example, if a plaint is drafted for a client the draft would be carefully seen by a Partner before it is sent to the client.

    Associates who repeat mistakes or stop learning will at least be talked to.

     

    What qualities do you think one should possess to carve out a niche for himself in this field?

    I believe hard work, honesty and sincerity are important qualities. Always be ready and willing to learn. Additionally one must be aware of the system and surroundings.

     

    What would be your message to our readers who are budding lawyers and law students?

    • Justice is important. Lawyers have a great opportunity to play a role in the justice delivery system. Many prominent lawyers have played important roles and contributed to the Indian freedom struggle. Lawyers can have significant involvement in society and can set the standards. Legal practice is a calling and not a job.
    • Honesty and sincerity in counsel are traits that are always respected by the judges, clients, briefing counsel and even opposing counsel. A lawyer must conduct himself with dignity.
    • Building a good reputation is necessary. A lawyer should carefully guard his reputation.
    • A lawyer should always be conscious of his/her role as officers of the court.
    • Young court lawyers should read the briefs and be well prepared. Know your facts. I have seen many young lawyers who are in a hurry to go up the ladder and look for shortcuts to grow. There are no shortcuts.

     [/sociallocker]

  • Arvind P. Datar on the job of a Senior Advocate, taxation law and writing authoritative law books

    Arvind P. Datar on the job of a Senior Advocate, taxation law and writing authoritative law books

    Arvind P. Datar is a prominent Senior Advocate at Madras High Court and one of the finest lawyers in South India. He graduated from Dr. Ambedkar Government Law College, Chennai. He is also known for his books ‘Nani Palkhivala: The Courtroom Genius’, ‘Datar Commentary on Constitution of India’ and ‘Guide to Central Excise Law and Practice: With Accounting Practices’.

    We requested him to share his deep insights on:

    • Being a Senior Advocate
    • Establishing one of the finest litigation practices in taxation
    • Being the author of leading book on Central Excise and Constitution
    • Advice to young law students and lawyers

     

    Please tell us a bit about your pre-college years, you as a student, your ambitions as a kid. Did you have lawyers in your family or among close relatives?

    After my schooling in Pune, I completed my graduation from Bombay University. Initially, I wanted to join the merchant navy but I was medically disqualified due to a surgery. Thereafter, I continued my science degree and completed B.Sc (Hons.) in Physics and Mathematics. I was very active in debates at Bombay and decided to take up law. Accordingly, I returned to Madras and joined the Madras Law College. My grand -father and great grandfather were lawyers in Pune several decades ago. In the recent past, there have been no lawyers amongst my close relatives.

     

    What were your objectives when you thought about law while still in the preliminary years of Law College?

    After I joined the law college, I really enjoyed the subjects. We had wonderful set of lecturers in the first year. On account of the Emergency, [sociallocker]there were no strikes and classes were conducted regularly.

     

    What were your plans after graduation? Did you think of joining the Civil Services ever?

    I decided to specialize in taxation from the first year itself and, therefore, enrolled myself for the course in Cost Accountancy. I had law lectures in the morning and cost accountancy classes in the evening. I thought that this would help me in my tax practice and, indeed, it has proved to be immensely useful.

    From the first year, I had decided to practice as a tax lawyer and have not wavered even once I never thought of taking up any job or joining the civil service even once.

     

    How valuable would you say your legal education was? When did you actually experience the learning curve? What is your opinion when people say that all that they have learnt is in their years of practice?

    My first year in the law college was very useful and, till this date, the lectures on contract law and transfer of property are still fresh in my memory. In the second year, the emergency was lifted and the Janata Party came to power. Once again, we began to have strikes frequently. In the final year, we had hardly 50 days of college. For example, in constitutional law, the lecturer did not even commence Part III which was fundamental rights starting from Article 12. Therefore, the last two years of Law College were totally useless. Therefore, barring the first year subjects, all the students from my college were self-taught.

     

    How was the court atmosphere before, as distinguished from how it is now? Did judges take kindly to new orators? How was your experience in the first few sessions of the court? Do you think it has become more difficult for a fresher to be successful?

    There is no great difference in the court atmosphere prevailing in the 80s and now. Most judges are kind to juniors and encourage young lawyers who are well prepared and make an earnest effort. I was very nervous in my first few appearances but gradually this disappeared. It is not difficult today for new comers. In fact, there are far more opportunities now because of different and newer branches of law, regulators and tribunals.

     

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    You have a long and illustrious career as one of the most reputed advocates in India. What are the primary soft skills necessary in order to have a successful career in the legal profession?

    I think no one is successful by accident in any professional career, whether law or medicine or architecture: The essential skills are: a thorough knowledge of the subject of specialization, the ability to work very hard, the courage not to take short- cuts, the patience to wait for opportunities to come our way and, finally, the ability to seize the opportunities when they appear.

    It is also essential to carefully set individual goals and then devise a plan of action to achieve them. It is necessary to have clearly defined goals and carefully plan the manner in which these goals will be attained. For a lawyer, a mastery of the English language is an invaluable asset. We have to acquire skills that are necessary to achieve our goals. For example, if one wants to specialize in taxation, a knowledge of accountancy is very helpful.

    Lastly, the most important thing is the ability to say no. To say “no” to activities that are not in tune with your long-term goals. It will be far more rewarding if one relentlessly pursues the long term goal by systematically attaining short-term and mid-term goals that are congruent with our long term goal. It is also necessary to have just one or two goals and not plan for too many things. Once, the long-term, mid-term and short-term goals are set, it is necessary to periodically review them to determine whether we are on the right track.

     

    People have an impression that it is important to know the judge more than the case. How much truth would you say lie in such a statement?

    This is basically wrong and there is too much loose talk and baseless gossip. There may be exceptional instances where this statement may be true but this is really rare.

     

    The judges are known to have a pre-conceived disposition towards being socialist, rightist, etc. How do you say young lawyers can argue for a matter which is against such disposition?

    If a judge has a strong pre-conceived disposition towards a particular ideology, it would be wrong to bring these notions to the Bench while hearing a case. Unfortunately, this does happen and socialist / leftist / rightist notions do influence the thinking of judges on the bench. Not only young lawyers but even senior lawyers will find it difficult to argue before a judge who has strong pre-conceived notions. It will require great skills of advocacy to persuade the judge not to allow his notion or ideology to influence the outcome.

     

    What were the landmarks of your career which led to your designation as a Senior Advocate? Please share with us the challenges and achievements you came across on your journey from being a fresh graduate to a Senior Advocate?

    There have been several cases which were stepping stones that eventually led to my designation as a senior advocate. I had specialized in taxation and company law and I argued a number of cases before the High Courts, Tribunals and Company Law Board. Further, my articles, books on Central Excise and my editing of Ramaiya’s Book on Company Law also helped to substantially increase my practice particularly in the Company Law Board. Eventually, I was appearing in a number of important company law, tax and commercial cases and this led to my designation as a senior advocate.

    The initial challenges were financial in nature and it took me 11 years to buy my first second-hand car. To supplement my professional income, I took to writing of articles, books and also being a part-time lecturer. This, indirectly, helped in building up my practice as well. By writing and giving lectures, one get’s known in corporate circles and this also increases your practice.

     

    How is it being a Senior Advocate? Do you think titles like this can change one’s recognition drastically? Does it enhance the responsibility? How has your work profile changed as a Senior Advocate?

    A senior advocate has great responsibility. The client and the advocate on record place all their trust in you. In most cases, the advocates on record and instructing counsel prepare the case very well and the senior advocate has then to plan the strategy for presenting the case. This has to be done after detailed examination of the facts, the case-law and the statutory provisions.

    My working profile drastically changed as a senior advocate. I was able to argue in a number of cases outside the area of my specialization. This also helped me to learn several new areas including arbitration, environmental law mining and intellectual property.

     

    You have several best-selling legal books like ‘Nani Palkhivala: The Courtroom Genius’, ‘Datar Commentary on Constitution of India’ and ‘Guide to Central Excise Law and Practice: With Accounting Practices’ to your credit. How important is writing for you?

    Writing is extremely important for me. In the earlier years, writing of articles and then writing of a book on Central Excise was critical in building my practice. The writing of books forced me to carefully study the statutory provisions and case laws. You have to understand the entire Act and the relevant subordinate legislation. You have to always keep in mind the object or purpose of the enactment. This understanding will not come even if we prepare extensively for a case. The writing of a book helps to understand the structure of a particular statute. One has to compare similar provisions in other enactments and development of law over several years.

    I have always told young lawyers that they must write a commentary in the area of their specialization.

     

    What do you look for in your interns when they apply for a position to work with you? If there is someone who wants your guidance, what should he/she do?

    Since substantial part of my practice relates to taxation, I insist that the interns should have completed a course in taxation. If they do not have a basic knowledge of taxation, their internship will not be fruitful. Whenever younger lawyers wanted my guidance /advice, I have always tried to help the young lawyers to the extent possible.

     

    There have been quite a few booms and busts in the legal industry. What do you think about the future of legal education in India? How do you say a student can manage to stay ahead of the ‘rat race’?

    I think that the future of legal education is not bright because there are too many law colleges and very few lecturers. It is not possible to have competent lecturers for all these institutions. Earlier, many lawyers were part-time lecturers. We had a number of successful lawyers who taught in the morning or in the evening. This excellent practice has unfortunately been discontinued. There must be a complete halt to any new law college as the supply far exceeds the demand. There must also be a strict entrance exam so that a minimum qualification standard is maintained.

    Students can stay ahead of the rat-race by constantly reading books, keeping abreast of the latest developments. Students must also make full use of their internship so that they can decide their area of specialization.

     

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

    Young lawyers should join civil offices where there is extensive trial work. In my view, the best thing is to work for one year in civil office and another year in an office specializing in criminal work. This will give young lawyers an excellent foundation in basic civil and criminal laws. Thereafter, he can specialize in any subject. They can choose to become solicitors or focus on chamber practice. Alternatively, they can go into litigation. The two years spent in civil / criminal practice, will be very useful in dealing with a wide variety of cases and should be treated as a long-term investment.
    [/sociallocker]

  • Dr. Panayotis Protopsaltis on expertise in International Investment Law, the legal profession, experience in teaching and interaction with students

    Dr. Panayotis Protopsaltis on expertise in International Investment Law, the legal profession, experience in teaching and interaction with students

    Dr. Panayotis Protopsaltis is a Greek national and he is presently a visiting faculty at the GNLU, Gandhinagar. He is a reputed international scholar having expertise in International Investment, Cross Border Transaction and Dispute Resolution. It has been a great experience meeting him and talking with him at length about the pedagogy of different institutions and universities he has attended.

    Conversing with him has been a great experience and almost a tour through many European Institutes, therefore I took this opportunity to share his insights and experience with our readers.

     

    First of all, please tell us a bit about yourself. What is your current work profile?

    I studied law at the National and Kapodistirian University of Athens, Greece, at the University of Paris II (Panthéon-Assas) and at the University of Paris I (Panthéon-Sorbonne) from where I hold a doctoral degree in public international law. I have conducted research in the framework of various research centres and delivered lectures at universities in France and in Greece on international investment law. I am also a practicing lawyer, member of the Athens Bar Association. Since the beginning of my career, I was involved in transborder transactions, originally in the introduction of mobile telephony in Greece and subsequently in some major investment projects in Europe and in the Middle East. In the recent years, I have been retained to advise various public and private institutions on international investment law related matters.

     

    How did you decide to pursue law? In India a lawyer is still looked at with caution and doubt, how is the scenario in Greece?

    [sociallocker] As is the case with many people studying law, when I graduated from school, I did not know exactly what I wanted to do. I graduated in 1987 and information one could obtain at the time was much more limited than information available today. I decided to study law because a law degree offers tremendous opportunities for work in a number of sectors. Civil service or administrative work in international organisations is one solution, career in legal professions, law professor, judge or attorney, is another. I was perhaps also influenced by a number of family friends that had also studied law. When I began my studies I was fascinated by law and tried to improve my knowledge and skills, nothing else mattered.

    I have heard many times and in many countries that lawyers are looked at with caution and doubt. I am also familiar with the various jokes about lawyers. However, so far in my career in Europe I have never experienced caution and doubt. I am therefore not convinced that this assumption is correct.

     

    From where did you study your undergraduate degree in law? Please tell us about the academic structure of your undergraduate degree.

    I graduated from the National and Kapodistrian University of Athens, the major law school in Greece. Curricula in Greek law schools in the late 1980’s included four years of study and no specialisation. Lectures were delivered to all students, often 250 persons in an amphitheatre, by professors themselves or by their assistants and presence was not compulsory. Professors delivering lectures were rarely asking questions to their audience and vice versa. A free of charge manual was given to every student –usually written by the professor. Of course, there were no moot contests and student exchange programs, some students participated in small working groups and could present their work but this was the exception rather than the rule. Some exams were particularly difficult to pass and students had to sit twice or even more.

    Lectures were delivered in Greek and focused on Greek law but law school libraries have impressive collections of German, French and English books. This is because most professors had studied in Germany (private law), France (public law) and in the UK and the U.S.A. and a number of professors of Greek law schools hold permanent posts also in other European Universities. Greek students were therefore in close contact with European and U.S. bibliography.

     

    You earned a Masters and Doctorate from University of Paris. How was your experience there?

    I had already completed my vocational training at the Athens Bar Association and I was a full time lawyer in Athens but I was always interested in international law and in research. I therefore decided to enrol at the LLM of international economic law at the University of Paris I, recommended to me by one of my professors. Depending on the subject Germany, France and the UK were the normal destinations for young degree holders wishing to pursue further study.

    I did not know what to expect but found instead the good old continental model but students were now expected to do research on their own and actively participate at lectures. I was admitted for a research degree and so completing a doctoral thesis was ultimate aim. Doctoral research was long and slow, in France students rarely completed their thesis in less the five years and were working as assistants at various universities or managed to obtain posts in international organisations. A limited number of students gained scholarships and I was one of them. Doctoral research was therefore undertaken only by a limited number of passionate students.

    Interestingly enough, the French government at the time gave incentives to students to pursue further studies. This was because France had high unemployment and young people could not be absorbed by the market. Many unemployed chose to pursue further studies. This created a market for academic services, the need for more university professors and a generation of very well educated people.

    I benefited a lot from my stay in France. Along with my work on my doctoral thesis I had the opportunity to meet with some of the most important authorities in international law, participate in research groups and conferences, gain experience in teaching, to be involved in the work of international organisations and to some major international projects. I also benefited from the cultural events, museums and lectures on history and art, so abundant in Paris.

     

    You speak German, French and Turkish apart from Greek and English. How do languages help in your work and what are the difficulties in learning in a foreign language?

    I learned English and French from a very young age, it was very common -and still is- in Greece to learn two or three foreign languages and master them by the age of 18. I learned German and Turkish later on, as a university student. I made the effort to learn because languages are one of the most useful tools in everyday life and in academic research in Europe. Monolingual academics are usually at a great disadvantage.

    Students should not be afraid of studying abroad in a foreign language. First of all, their presence in the foreign country will allow them to acquire easily the necessary linguistic skills for communication. Then, post-graduate studies will learn all necessary legal terminology but as they have already read law, it will be easy for them to understand the corresponding meaning. Then, they may also seek help from native speakers. Foreigners at the beginning are of course at a disadvantage compared to native speakers but rarely post-graduate students fail solely because of poor linguistic skills.

     

    Would you recommend your students to pursue Masters and doctorate in continental Europe?

    I think Europe hosts some of the best universities of the world and students have a lot to learn from their presence there. Not only they will benefit from interaction with some of the most renowned academics of the world but they will also see a different way of work and approach to scientific problems.

    Continental universities follow a different system based on students’ responsibility. In that, the university differs from high school, students are given limited guidance, they are required to work on their own. Continental universities still favour theoretical analysis over practice and studies are not job-oriented, this is the essence of European academia. A drawback is perhaps that inter-disciplinary studies are not so common.

     

    What attracted you to research in international investment law?

    Originally, I took special interest in the problems of regulation of the Multinational Enterprises but I soon moved to examine the problems of international investment law. This shift in interest war normal since the two problems are inter-related. I was also lucky to have two mentors, Prof. Patrick Juillard and the late Prof. ArgyriosFatouros, both authorities in international investment law, who encouraged me to explore international investment law questions.

     

    panayotis-protopsaltis-2

    How has your experience in India and GNLU been so far?

    I came to India for a short visit two years ago, liked the country and wished to learn more about its institutions and its people. The invitation at the GNLU was a formidable opportunity for me to see Indian academia and meet with Indian academics and students. I delivered two courses, on the law of multinational enterprises and on international investment law and I am very happy with the interest that my audience takes on the topics.

     

    Students may be indifferent or disinterested in the subject being taught. How do you deal with these and revive interaction among students?

    Your question assumes that professor has to do something for indifferent or disinterested students. Well, I am afraid this is not the case. First, because there are always indifferent or disinterested students at class. Second, because, assuming that students have chosen to study law, they should be interested in the subjects being taught. Third, because students’ duty to learn does not depend on professors’ performance. Students cannot use professor’s poor performance as an excuse for not learning. There are other procedures to sanction professor’s poor performance, if there is one.

    I think that the professor should prepare himself to deliver a lecture and that the lecture is in some respects like a theatre play, the professor being the actor, the students being the audience. Some jokes and stories may help to attract students’ attention, participation of students at the lectures also but the professor must never turn lectures into a discussion forum. Academic conferences and research groups offer many opportunities to students to interact and express their opinion. I also believe that some professors are more inspiring than others but, alas, there is no objective criterion for that. I finally think that we all have to suffer from boring speeches or speakers if we are to learn how to make our lectures interesting.

    As I have already said, students have a duty to themselves, to their parents and to the academic community to learn. Students who are disinterested have again a duty to themselves, to their parents and to the academic community to explain why and in case they realise are generally disinterested in the topic of their study or in studies in general, to have the courage to change the topic or quit studies altogether, immediately. Otherwise, they will spend many unhappy years and will perform poorly at the university. In addition, they will spend valuable resources, their personal time, the money of their parents, the facilities of the university, the time of their professors that could be used more productively elsewhere.

     

    What would be your advice to students on performing well in academics?

    Performing well at university requires understanding the system of academic study. Method of reading, exercise in legal writing and interaction with other students and professors in the academic community are very important. Now some students obtain better marks than others. This may be due to a number of factors, insufficient preparation, failure to understand, failure to express themselves, to name just a few. Students have to learn from their errors and correct them. Yet, the key to success is, I think, genuine interest. Genuinely interested students are always very successful at university because they do a further effort for the sake of learning and adopt this inquisitive approach to problems which is a prerequisite for academic excellence.

     [/sociallocker]

  • Shweta Bansal on work at AMSS, leaving firm job for Civil Services and acing it

    Shweta Bansal on work at AMSS, leaving firm job for Civil Services and acing it

    shweta-bansal-2Shweta Bansal a graduate from NUJS, Kolkata, After a successful career with AMSS, she went for the Civil Services. With utmost diligence and determination, she successfully cleared the Civil Services exam. She gives an insight into her childhood, the hurdles in life which she overcame and how she has been able to mould her life into a real success story.

    In this interview she talks about:

    • Her life and journey as a law student
    • Preparing for the Civil Services
    • Books and other knowledge sources helpful in preparation
    • An insight into the interview process

     

    Please introduce yourself to the readers? Please tell us a little bit about your childhood and your background?

    I was born and raised in Lucknow and pursued my schooling from the prestigious La Martiniere Girls College Lucknow. My life took a drastic turn at the age of 6 due to a major spinal injury, after which for many years I had to push myself immensely to grapple with a disability. Gradually, with the support of family, friends, and teachers, I continued with my studies. My grandmother has been thoroughly instrumental in my life and is the reason behind my little success story. At the Intermediate level, I studied humanities with Economics and secured a top spot in my class 12th boards. My good performance at school and at extra-curricular activities can be attributed to my teachers, more specifically to Mrs. Bhavna Kalra who taught me the importance of standing up on my own two feet. Thereafter I pursued my law from NUJS and spent few of my most crucial and definitive years there, shaping and building my career in Law.

     

    How was your experience at NUJS? What activities were you involved in apart from the regular academic curriculum?

    [sociallocker]
    I look back at my experience at NUJS as a great learning experience and despite the struggles I encountered, it provided a strong base to my career in Law. I am a person with a keen interest in a variety of non academic activities and NUJS gave me a brilliant platform to explore various such opportunities to help groom me as a well rounded personality. I fared well academically despite several health challenges and had an opportunity to perform with my college band, participate in fine arts and sketching competitions both at NUJS and at other Fests and Cultural events. I was even fortunate to present my paper at Hong Kong on legal valuation of patents as a solution to farmer suicide due to crop failure.

     

    You secured a job with AMSS. What worked for you in securing the placement?

    My journey with AMSS has been the best experience of my life. In 2006 after completing a two and a half month internship with AMSS, New Delhi and I was offered a pre placement at the Firm by Ms. Anuradha RV who has been a constant guide and support throughout my career at AMSS and even after. The work experience and firm culture at AMSS is unmatched and goes a long way in understanding and dealing with different areas of law. My experience at AMSS was exceptionally good and Mr. Shardul Shroff has been like a father figure in my life, Ms. Gunjan Shah and Ms. Purva Chadha played an instrumental role in shaping my legal skills and mentoring me.

     

    When and what inspired you to appear for Civil Services after having a career at AMSS?

    Truly speaking I was always keen to take the civil services exam but wanted to establish myself professionally before taking the plunge. I personally feel having an option to fall back upon provides you with the required security to give your best at the preparation level and if one has law as a career, civil services would tremendously compliment it as a career.

     

    How did you manage preparing for the Civil Service exam with your law firm job and other commitments?

    I was fortunate to be granted a sabbatical by Mr. Shardul Shroff to help me prepare for the exam.

     

    When did you start preparing for the exams? When should a person ideally start preparation for the Civil Services exam?

    Civil Service preparation requires absolute dedication and thus in November, 2010, I took a two year sabbatical leave from my work at AMSS and pursued my preparation. I gave my prelims with 5 months of preparation and cleared it however I couldn’t clear the mains due to my Hindi language paper. In my second attempt I cleared all three legs paving my way for the services.

     

    How many hours did you put in for your preparations every day? Is having a fixed schedule or weekly targets important according to you?

    The key to Civil Service preparation is consistency and diligence. I would plan my preparation targets on a daily basis and made it a point to achieve them so that there is no backlog created as the material to be read and study is extremely vast. My targeted study period was nothing less than 8 hours daily. Reading of The Hindu daily is a must for any civil services aspirant.

     

    Which were the easiest and the toughest part of your preparation?

    The easiest part for me during the Civil Service preparation was to tackle and remember the material provided by the coaching institutes, which hardly constitutes 30% of the entire bulk of study material one has to go through. Moreover I was extremely fortunate to get great guidance and support from Cyril Darlong Diengdoh and Ashutosh Salil who constantly mentored me. The tough part is primarily to figure out the remaining 70% of the study material and syllabus and this makes all the difference. I also faced the mammoth ‘Maths’ dilemma in CSAT since I had primarily been a student with a humanities background. I consider prelims and General studies papers for the Mains the toughest leg of the entire exercise. Prelims requires a thorough reading of  the fundamental concepts of different subjects and mains requires more focus on the current affairs.Prelims is the first scanning ground so the competition is really tough and negative marking only adds to the competition. Mains in contrast gives you an opportunity to get creative with your answers of course without derailing from the subject. GS paper I and II of Mains require very thorough reading of the editorials and various reports published by the government.

     

    What are the aspects that a Civil Service aspirant must focus on and start preparing for in advance?

    I would begin by stressing on the basics, they are the cardinal point of the entire preparation for Civil Services and if one is well prepared with the basics, one can tackle most of the questions. It is also important not to get lost in the sea of knowledge. Instead, focus on a few basic books so that revisions are possible. Since Prelims focuses more on the basic concepts, NCERTS can be quite handy, the Main examination is a combination of basic and current affairs, so your focus should be on newspapers, government reports and government websites.

     

    What were the attributes of your legal education and background which helped you in succeeding in the Civil Service Exams?

    A legal education and background definitely helps in the civil service preparation especially in Polity and General Studies Paper I and II of the Mains. Certain topics are common between the Law paper and Public Administration so that makes life easier. Also having studied law equips you with analysis and digging of most concepts and thereby providing an added advantage in writing answers. My background as a lawyer went a long way especially in my interview as most of my interview questions were based on law.

     

    What is the importance of CGPA for law students especially for Civil Service exam aspirant? Does it make any difference during the interview?

    CGPA is important and it is a reflection on the attitude and seriousness of a student but it does not per se reflect upon the merit of the person. Thus it makes a good impression to have a good CGPA but it is not the only factor that determines the merit of a student.

     

    Tell us about your interview? What kinds of questions were asked by the interview board?

    My interview was conducted by a 5 member panel headed by Mr. P.K. Mishra. The panel is always well read and grills you on the basis of your mains form. The major thrust of the questions was about my take on various socio-legal issues like Khap Panchayat, live-in relationship, decriminalization of S. 309 of the Indian Penal Code which criminalises attempt to commit suicide, the Aruna Shanbaug case. My legal background and extensive work experience also helped me tackle questions about good governance and withdrawal of subsidies. The panel also intended to assess my perspective on various problems and my ability to provide a solution for the same, for instance, crimes against women and measures to curb and tackle it. During the interview the objective of the panel is multifaceted since they assess your overall personality and knowledge. In fact the panel asked me to sketch one of the panel members within 30 seconds, since they read about my interest in sketching. The interview is both grueling and unpredictable.  It is very important to maintain your calm and be absolutely honest with the panel. Mr. P.K. Mishra was a great help in my interview once he realized I knew my stuff. He discouraged excessive grueling by other members.

     

    For the meantime, before your training period starts, you are holding the position of a Consultant with AMSS. What is the nature of your consultancy with AMSS and has your role in the firm changed?

    I came back to AMSS after my mains in 2012 to work with my mentor, Mr. Shardul Shroff on a unique role which has absolute administrative bearings and nothing to do with the transactional work of the firm. At the moment, I aid the firm with regards to firm development and handle the administrative concerns and issues.

     

    What would be your message for law students who are preparing or planning to prepare to appear for the Civil Service exams?

    The thumb rule should be firstly to focus on your education as a law student, studying and working towards making one’s basics strong. It is exceptionally useful in Civil Service to hold a law degree but before plunging into Civil Service preparation one should secure themselves a career to fall back upon as civil services can be a gamble. Education, work and then Civil Service has been my strategy as I believe that one should never put all their eggs in one basket.

     

    Lastly, what would be your message for the readers who want to pursue career in Civil Services?

    There is no substitute for hard work and diligence. Consistency and dedication goes a long way in achieving the desired result. One should regard coaching institutions as a very small part of the Civil Service preparation and should rather focus more on self preparation and self study. Be honest in your preparation and give your best. The outcome is never in your hands but the effort is. Civil services requires focused study so its important to isolate yourself socially till you are done with the Mains.[/sociallocker]

  • Prof. Faizan Mustafa, VC, NALSAR, on his experience in academia, and being a prolific author

    Prof. Faizan Mustafa, VC, NALSAR, on his experience in academia, and being a prolific author

    Prof. Faizan Mustafa graduated from Aligarh Muslim University in History and Law. Thereafter, he pursued his doctoral research in Intellectual Property Law. He is currently the Vice Chancellor of NALSAR University of Law, Hyderabad, he was also the Founding Director of KIIT School of Law and National Law University Odisha, Cuttack.

    He was also consulted in the drafting of Eritrean Constitution and Asian Human Rights Charter of Asian Human Rights Commission, Hong Kong. As a keen researcher and avid academician, Dr. Mustafa has authored several books and has about hundred national and International papers to his credit. Supreme Court of India has also quoted his article in its decision on the right to die. He has worked in unexplored areas like Copyright Law, HIV Law, Art.356, Strict Liability Law, Freedom of Information Law, Religious Conversion Laws, etc.

    We requested him to share his views on:

    • His illustrious experience
    • Life in academia
    • Being a prolific author

     

    How did you decide to opt for the field of law?

    I was admitted in Allahabad University in 1982. My elder sister was doing her M.A. (History) and I used to read her History books and developed interest in History. Aligarh Muslim University’s academic session was delayed and therefore I got enrolled at Allahabad University. When I came for Durga Puja holidays, I received a call letter from AMU and since it was my desire to study History under Prof. Irfan Habib, I left Allahabad University and joined Aligarh Muslim University. I enjoyed my graduation in History at AMU and was taught by some of the best historians such as Prof. Athar Ali, Prof. Shireen Moosvi, Prof. M.A. Alvi, Prof. A.J. Qaiser, Prof. I.A.Khan, among others. Due to my interest in debating and having studied History quite well, I opted for Law and I thoroughly enjoyed my legal education at AMU Law Faculty. This University was the best place after Campus Law Centre, Delhi to study law at that point of time. The departmental politics in History Department was another contributing factor for me to leave the discipline which was my first love.

     

    Do you feel that the legal profession has significantly changed from the time when you decided to study law?

    I agree that legal profession has significantly changed from the time when I studied law. At that point of time most people did not do law out of choice as engineering and medicine were the prized courses. But the kind of diversity I had in my class was great as I had some B.Tech graduates and Post-Graduates of various subjects in sciences and humanities in my class. We had one M.B.B.S. graduate as well. The establishment of National Law School, Bangalore and other National Law Schools brought in a paradigm shift and law is today a very prestigious course. We attract very bright youngsters and they have proved their worth. The demography of Law Schools and colleges has completely changed in last 25 years.

     

    Which areas of the law fascinated you the most as a law student?

    Law Department of AMU was established in 1891 and this department has given maximum number of Vice-Chancellors to National Law Universities. Prof. Madhava Menon, Founder Vice-Chancellor National Law School, Bangalore and West Bengal National University of Juridical Sciences, Kolkata himself studied and taught at AMU. Prior to my joining law, some leading teachers of the University had already moved out of Aligarh or had gone abroad such as Prof. S.Dayal, went to Panjab University, Prof. S.C. Agarwal and Mrs. Agarwal went to Pune University. Prof.Tahir Mahmood went to Delhi University. Prof. Mohd. Ghouse had gone to Ananthapur University and several other Professors including Prof. M.R.Zafar and Prof.Syed Khalid Rasheed had gone to Nigeria but we still had Prof. S. Misbha-ul-Hasan who had studied at Yale, Prof. V.S.Rekhi who subsequently became founder Vice-Chancellor of National Law Institute University, Bhopal, Prof. M.Z.Siddiqui, Prof. Ahmed Siddique, Prof. Mustafa Ali Khan and Dr. Musheer Alam, Prof. G.A.Khan etc. on the faculty.  All of them were great teachers and they have influenced me in a big way. Prof. M.Z.Siddiqui taught me for five years for LL.B., LL.M. and then guided my Ph.D. and proved to be a teacher, philosopher and friend in the true sense of the term. Prof. V.S.Rekhi was a great constitutional law teacher. Because of him I developed interest in this subject. Due to these teachers of great eminence, I developed interest in law particularly in criminal law and evidence. If you have a good teacher then learning becomes a fun activity and the teacher would help you in developing quest for clarity which would lead to good understanding of complicated legal problems. Law quickly became my second love.

     

    What are the 3 most important tips that you would like to share with law students for consistently excelling in academics?

    My three tips to students to consistently excel in academics are:

    • Develop interest in the subject you are doing
    • Read good text books and articles from the journals and finally
    • Never miss classes.

     

    Why did you choose copyright law in particular as the subject for your Ph.D thesis?

    Copyright was the 5th topic which I selected for my Ph.D. In 1980’s IPR was not there as a subject in most law colleges and faculties including Aligarh. Even today as per Bar Council of India regulations on legal education, IPR is only an optional subject. India was blacklisted by U.S. under Super 301 and this controversy about our IPR regime was responsible for choosing copyright law as a subject of my research. Moreover the country has just initiated a debate on the reforms which are to be brought in the Copyright Act of 1957. I believe that in addition to personal interest in choosing a Ph.D. topic, we should also think of its current relevance for the country.

     

    faizan-mustafa

    What role do legal researchers and academics play in the Indian legal system?

    Legal researchers and academics are not considered important stakeholders in our legal system. We have not yet appointed any professor of law as the Judge of the Supreme Court even though Art.124 of the Constitution explicitly talks about the appointment of an eminent jurist as Judge of the Supreme Court. The establishment of Law Schools and the involvement of Chief Justice of India as their Visitor and Chief Justices of High Court as their Chancellors has opened up avenues of dialogue between academics and judges and I am sure that this would help them to learn from each other.

     

    Tell us about your Diploma in International and Comparative Human Rights from International Institute of Human Rights, Strasbourg, France.

    The Strasbourg Course in International and Comparative Human Rights was an intensive course and had several processes of evaluation including a Moot Court in which you are given a problem to argue before European Court of Human Rights at Strasbourg. The course had good input of practical issues and helped me in understanding human rights problems. Human Rights was also not there as a subject in most law colleges including Aligarh. I introduced this subject at AMU Law Faculty.

     

    How did you decide to go into academics?

    I was persuaded to join teaching by my Dean Prof. M.Z.Siddiqui as per the tradition of the University to recruit Gold Medallists. I had qualified IAS Prelims but he asked me not to write Mains exam. I was appointed within one month of my completing LL.M. and since I had seen some of the best law teachers, I tried to emulate them and started enjoying teaching. My advice to law students who want to join academia is that the amount of autonomy which you get as a teacher you cannot get in any other field.  Nobody is your boss and nobody writes your confidential appraisal reports.

     

    When would you say that an academician is successful?

    A teacher is successful if he is able to ignite fire in the minds of students. A law teacher would be considered successful if he has taught his students how to find law. He is not supposed to tell them what is Law. The goal of a legal academician should be to produce competent and socially relevant lawyers. Today anyone who is appointed as an Assistant Professor in Law and he is good would surely end up as Vice-chancellor of some National Law University. Thus in appointing Assistant Professors I also consider how would they shape up as Vice-Chancellor.

     

    You were involved in the drafting of the Eritrean Constitution and the Asian Human Rights Charter. What were the most intellectually stimulating aspects of this experience?

    Eritrea came out as a country out of partition from Ethiopia. Ethiopia was never colonized except Italian occupation of some parts of Eritrea for about five years. They had uninterrupted monarchy for about 3,000 years. They also had the experience of socialism prior to the drafting of the constitution.  I gave number of suggestions on the fundamental rights and the government-people relationship. Similarly, Asian Human Rights Charter was drafted in 1995 and legal luminaries like Justice V.R. Krishna Iyer were involved in its drafting. As a young law teacher I learned great deal during the consultation on the drafting of this Charter. Justice Iyer’s presence and conversation with me are still fresh in my mind. I specifically recall sessions on Rights of Elderly and HIV patients which were indeed intellectually enriching.

     

    How did you find time to produce so many scholarly articles?

    (Dr. Mustafa has authored several books and have written approximately 100 national and international research papers on a large array of subjects pertaining to Information Law, Religious Conversion, HIV, the Right to Die, mandatory death sentence, etc. His article was also quoted by the Supreme Court in its decision on the Right to Die.)

    I do not think I have written anything substantial. In fact I feel bad when I read my own writings. The only consolation which I get is that I tried to study areas of contemporary relevance. I took up Right to Information Law in 1995 and wrote another book on this subject in 2003. Parliament enacted a law on RTI in 2005. Similarly I had written on HIV Law some two decades ago but the country is yet to have a law on this subject. I had written on mandatory death sentence many years ago but we continue to have laws which still provide for mandatory death sentence in spite of it being held unconstitutional by the Supreme Court way back in 1983.

    I had also written something on recognizing domestic work as work two years ago. Supreme Court of India was shocked to note that the work performed by the housewives is not considered as productive work and house-wives are clubbed together with prostitutes and beggars. Ministry of Welfare tried to salvage the situation and came up with a proposal whereby housewife would be paid 15% of the salary of their husband. I again opposed this proposal because it reduces wife to the status of an employee. Fortunately nothing happened thereafter.

    I have also been writing on the inconsistency in the decision of the Supreme Court on the commutation of death sentence. ‘Right to Die’ has been another area of my interest and continues to be relevant because new BJP government proposes to delete Sec.309 from IPC. If you have an idea which you want to communicate with others or initiate debate on an important issue you will feel compelled to write. I think teaching schedule has no relationship with one’s writings as the maximum number of classes a Professor takes in a week is not more than twelve. Moreover, we have long winter and summer breaks. One can also take sabbatical to write books, etc.

     

    Any time management tip for budding legal academics?

    Time management is an individualistic trait. If a teacher writes even one paper a year, I think it is good enough. A good academic should spend lot of time in reading.

     

    When would you say a legal academician is ready to start writing books?

    One should write when one feels he must write.  From one’s teaching one gets ideas for research and writing and therefore teaching and research go hand in hand. It is painful that good teaching is not given any importance in the selection committee of teachers. The focus is only on the number of publications. UGC should do something about it.

     

    What, in your view, are the few most important skills that law students should strive to acquire in order to write research papers effectively?

    I do not believe in teaching research methodology. I never taught this course. Research is like swimming and no amount of teaching can help you in learning it. You need to go in water and learn. Similarly you need to start writing, over the years you would improve your writing skills.

     

    What have been the biggest challenges and impediments in building institutions?

    (Dr. Mustafa is the founder Vice-Chancellor of National Law University, Orissa as well as the founder Director of KIIT Law School.)

    I had a great time in Orissa and believe me I enjoyed every minute of my stay in Orissa. KIIT Law School is like second home to me and I feel more at ease in Bhubaneshwar than in Aligarh. Dr. Achyuta Samanta, Founder of KIIT University is a human being par excellence who believes in “art of giving”. He has too much of positive energy. He is a living legend of our time. He has set up Asia’s biggest tribal school with 25,000 students who are given education free of cost and the school takes care of their food and clothing. He gave me full freedom to set up a law school and I am sure in the years to come KIIT Law School would become a leading institution of legal education.

    My challenge as founder Director was to create a space for KIIT Law School and I feel that KIIT Law School can be easily compared today with several National Law Schools. Establishing National Law University at Cuttack was my other significant assignment in Orissa and I got full support from the dynamic Chief Minister of Orissa. I continue to believe that NLUO was a unique experiment in terms of innovation in the curricula. My most effective strategy was to create ownership of NLUO amongst judges and lawyers of Orissa. We conducted first 3 admission tests and each year NLUO’s admission test was rated as the best law admission test of the year.

     

    Do you think the reputation that precedes NLU’s far supersedes their actual quality?

    There is some truth in it that with the establishment of National Law Schools the quality of law students has gone up but the quality of law teachers has gone down. But then it is the problem of all professional courses. We are not able to attract our brightest students to teaching. I feel the solution is to make B.A.LL.B. as the qualification for appointment as Assistant Professor. At NALSAR, I have succeeded in persuading some of our young graduates to join academia. Moreover I believe readymade teachers are not available anywhere. It is the duty of the Vice-Chancellor and other senior Professors to train youngsters. In the recruitment of Assistant Professors I always look at their potential and my ability to train the selected candidates in becoming a good teacher.

     

    Does law school prepare its students adequately to face real life scenarios?

    The Law School curricula may not be completely outdated. But it is certainly stressful. I am a firm believer of reducing academic stress. I also believe that the number of projects should be drastically reduced and the students should not be asked to do more than one project in a semester. Our curricula has not been made after receiving inputs from the industry. We need good Law School – Industry interface in preparing curricula. We should also accept the fact that classroom is not the only place of learning.

     

    What do you have to say about top notch law schools being inaccessible to many owing to their fee structure?

    Law schools are islands of excellence and should therefore just like IITs be directly funded by Ministry of Human Resource Development, Government of India. Due to the small number of students, the fee collection is very small and government has to give generous grants to these institutions to keep them functional.  If government agrees to liberally fund then the fees would be automatically reduced.

     

    What steps should be taken to usher in greater uniformity in the quality of legal education in the country?

    1085 odd law colleges are in pathetic state and there is an urgent need to bring them at par with National Law Universities. Admission to all law colleges should be based on CLAT. If this is not possible, CLAT would collapse. Vacant teaching positions should immediately be filled and National Law Schools as part of their CRC should be asked to adopt at least one law college every year and give training to their teachers and help them in building libraries.

     

    Any thoughts on the current system in place to train the Indian judiciary and continuous legal education of lawyers?

    I think we should quickly have Indian Judicial Service in place to attract bright youngsters. National Judicial Academy and State Judicial Academies are doing well to train our judges. Judicial training is different from judicial education. National Law School and Judicial Academy, Assam is a novel experiment where law school and judicial academy have been integrated. A closer relationship between Judicial Academies and Law Schools may help us in the long run. A programme for training lawyers was also initiated by Government of India and I think it was a welcome step.

     

    NUJS and GNLU have introduced online courses that are receiving much attention and attracting professionals from various backgrounds. What are your thoughts on these?

    Online education is the in-thing today and a country of our size badly needs it. We run number of courses in the proximate and online onsite mode (P.G. Diploma in Cyber Law, Media Law, Patent Law, International Humanitarian Law, Two-Year Master’s Degree in Aviation Law and Air Transport Management (MALATM); Two-Year Master’s Degree in Space and Telecommunication Laws (MSTL); One-Year Post-Graduate Diploma in Aviation Law and Air Transport Management (PGDALATM) and One-Year Post – Graduate Diploma in GIS & Remote Sensing Laws). We need to further strengthen these courses. We are going to launch some new courses as well.

     

    As the current Vice Chancellor of NALSAR, how do you feel NALSAR can take a greater role in social engineering in India?

    In my opinion in terms of academics, NALSAR is doing exceedingly well and is the best destination for legal education in the country. I had introduced number of academic reforms such as flexible choice-based credit policy, huge number of electives, diversified project scheme etc. We are indeed producing highly competent law graduates. If we can produce some socially relevant lawyers it would be good for the country. We are offering number of unique courses which help our students in appreciating social issues.

     

    Do you feel that there should be an independent CLAT body?

    There is an urgent need to bring structured reforms in CLAT and compel all Law colleges of the country to admit students only on the basis of CLAT scores.

     

    What would be your message to those hard working law students who did not make it to a top NLU but want to excel in the profession?

    None of the leading lawyers of the country went to top National Law Schools. In the long run it does not matter from which institution you got your degree; if one is hard working one would surely succeed in life. There is no short-cut to success. Those who are not admitted to top National Law Universities should not feel frustrated, they are no less than anybody as CLAT or for that matter any competitive examination is not a perfect measurement of one’s merit and talent.

  • Prof. Ranbir Singh, Vice Chancellor, NLUD, on legal education in India, and his experience

    Prof. Ranbir Singh, Vice Chancellor, NLUD, on legal education in India, and his experience

    Prof. (Dr.) Ranbir Singh is the current Vice Chancellor of NLU, Delhi. Before taking charge at NLUD he had been at NALSAR, Hyderabad’s helm of affairs since its inception. Prof. Ranbir Singh had a long association with Kurukshetra University, as a student, as a PhD Scholar and then as a faculty member. Thereafter he moved onto Maharshi Dayanand University at Rohtak and continued there till he joined NALSAR. He has played a critical role in reviving legal education in the country and recasting it so as to make it more relevant to contemporary concerns.

    In this interview we ask him about:

    • Difference between traditional universities and the NLUs
    • The legal education regime in India
    • Challenges faced by researchers & academics

     

    Tell us a bit about your childhood.

    I started my education in a village school and continued to study in a village till my higher secondary education. I belong to an educated family who knew the value of education and there was lot of emphasis on education. During this education I learnt to respect my teachers, my elders and I strongly believe without their blessings it is very difficult to achieve anything in life.

     

    Why did you decide to opt for the field of law?

    Initially, I never thought to join Law neither had I any idea about the legal profession. There was nobody in my family pursuing this profession. I was in fact trying to do an M.Sc. after my B.Sc. education, but family circumstances and destiny forced me to join Law and then I decided to pursue LL.M. and did Ph.D. I started my teaching career in 1974 at Kurukshetra University itself where I was a student for my B.Sc., LL.B., LL.M. and also Ph.D.

    Teaching law is very stimulating and came as natural flair to me and as they say, “There are two ways of spreading light: to be the candle or the mirror that reflects it”, best describes it.

     

    What were the highlights of your journey as a law student?

    [sociallocker] At Kurukshetra University, it was a tough journey initially, but this was a time when in the Law faculty we had best of teachers who were very dedicated and learned. The teaching staff was very good but there was a complete disconnect between the teachers and students in those days in the class rooms as there was no interaction and so teaching and learning did not happen simultaneously.

    My favourite subject was Jurisprudence.
    prof-ranbir-singh-1

    What, in your view, are the qualities that a law student should strive to possess in order to rise a notch above the rest?

    The following are the basic qualities one should keep in mind to succeed as law student. Follow these Commandments for Success:

    • Attend classes regularly
    • Maintain proper discipline in campus and inside hostel.
    • ‘NO’ to ragging
    • Proper dress code
    • No misuse of mobile and internet facility
    • Proper use of library and legal software
    • Taking part in Moot Court Competitions and other events like seminars/conferences/workshops and debates etc.
    • Participating in legal aid activities
    • Taking research seriously
    • Adopt gender sensitive anti-discriminatory behavior
    • Positive leadership
    • Jealously guarding the reputation of the Institution

     

    Starting out, where did you envision your career would take you?

    I chose Academics as I did not like the Court environment. When I was doing Law I visited courts and realised that this is not the place for me and so I pursued higher studies & came into academics.

     

    Did you ever question — or did others question — your decision to focus on what some consider a less lucrative field than other fields in the legal profession?

    In fact nobody questioned my decision to join Law and academics. I for one believe that, if you are seriously committed to achieve what you want to do and achieve it successfully, nobody questions you. Ultimately success silences your critics.

     

    How different, would you say, are NLUs from traditional law institutions?

    (Professor Singh has taught at traditional law faculties at Kurukshetra University and Maharshi Dayanand University as well as at National Law Universities such as NLSIU and NALSAR.)

    My journey from a traditional university to Law School, Bangalore made me learn new ways of teaching and research in Law. My time at National Law School of India University (NLSIU), Bangalore was a turning point for my life, which helped me to acquire new teaching techniques and importance of research in legal education. In the era before 1980’s not many students came to law by choice, they came by chance and somehow succeeded. After the introduction of 5 year’s Law Degree Course in the year of 1983 and then with the establishment of first law school at Bangalore (NLSIU) in 1988. The students of this institution were admitted by the entrance exam and started to join Law by choice not by chance. The reforms in legal education started being taken up seriously.

    My decision to accept the challenge and move from a traditional law faculty to NLSIU, Bangalore in 1996-97 made me realize the importance of challenges in life. I realised life is a big challenge, accept it if you aspire to achieve something higher in life.

     

    How difficult has it been for you to find time to write research papers?

    (Professor Singh has written on a diverse array of subjects including jurisprudence, human rights, legal education, personal laws, etc and have more than 50 publications to your credit.)

    I always believe that if you have passion to do something you can always find time for it. I personally never felt that one is short of time for teaching and research. It is only a matter of setting your time table and academic priorities. Once one starts enjoying teaching and research and additionally prioritizes academic activities like seminar, conference etc, research work will automatically be carried on. There is so much research to do in almost all fields of Law that one can contribute to research in the big way which can be of great use to society.

     

    How should law students go about selecting topics for research publications?

    One should look for areas of interest in research and also for topics, where research is meaningful and useful to the society. The Editorial Board should additionally look at the hypothesis, the methodology, the advantage of research, critical component and conclusions etc matching with the overall concept of research undertaken.

     

    What, in your view, are the biggest challenges that a young law student wanting to go into academia has to face in India?

    The biggest challenge that a student has to face is getting into a good institute for legal education. All Law related activities whether in courts, corporate law firms etc. need a very strong research based approach to resolve their legal disputes effectively. With the Himalayan heaps of legislation passed by the Parliament and the state legislation in the last 2 decades, legal research has become more complex in the present circumstances. There are more challenges faced by legal researchers. Research in India was not taken seriously before the advent of the law schools with very few exceptions of some law faculties. But for the last 20 years or so legal research has picked up and there is an ever increasing upward trend in legal research and scholarship in India.

     

    What are the biggest challenges that you had to face while building NALSAR?

    (Professor Singh was the founder Vice Chancellor of NALSAR University of Law, Hyderabad.)

    The biggest challenge of creating a law school in a State is to seek liberal financial support for the creation of the University and the infrastructure and then the having best of faculty. For me the biggest challenge was to create my own space for NALSAR University of Law, Hyderabad as NLSIU, Bangalore had already earned reputation of a prestigious institution in Law. I had a mandate not only to compete with NLSIU but also to work hard to overtake it as soon as possible. NALSAR University of Law, Hyderabad started in 1998 and 2008 it was rated as the best law school among the other law schools in India.

     

    What are the factors that played the biggest role in NALSAR’s success?

    It is easy and it is also difficult. It is easy if we have enough resources to motivate faculty for teaching, research and for organising and attending conferences. One has to motivate students to acquire technical and professional skills through moot court competitions and other activities and also have a dedicated non-teaching staff. If you don’t have any of these it will be difficult to create a good law school. Above all more important is a leadership factor in the institution, somebody who will have a vision and the capacity to take everybody along for achieving overall excellence and lead by example from the front.

     

    You are also the founder vice chancellor of National Law University, Delhi. Tell us about the experience.

    Compared to NALSAR I did not face much challenge at National Law University, Delhi because of the initiative of the Delhi High Court and also very liberal financial support from the Govt. NCT of Delhi. NLU, Delhi was fortunate to attract the best of senior and young faculty to teach and train the students in research.

    At NLU, Delhi the faculty acquired a place of reputation in a very short span of time for itself by engaging in research and opening research centres and helping various Ministries, Commissions etc. in providing research inputs. The University is actively participating in preparation of reports i.e. Justice Verma Committee Report for amendments in Criminal Law and continues engagement with the Ministry of Law & Justice and Law Commission of India and also providing inputs to the Standing Committees of Parliament on Law.

     

    What are the biggest challenges that you have had to grapple with as the Vice Chancellor of NLUD?

    Initially, the biggest challenge was to create good infrastructure especially IT enabled classrooms and seminars, conference halls, etc. A good library with the most advanced legal data base in Law is essential for creating a good library along with the books, reports along with reference books. Library being the nerve centre of a Law schools for legal learning and research has to be given top priority.

    The second challenge was to attract the best of students through our separate All India Law Entrance Test (AILET) and also the best of faculty. It should be possible by motivating faculty through liberal financial assistance for attending conferences, giving them academic space to grow, separate rooms for research and enough funding for research projects.

     

    What is your vision for NLUD?

    Within a short span of six years NLU, Delhi has already made a place for itself and it is reputed as one of the best Law Universities in the country. In a span of 10 years we are already on way to compete with the best of Law schools outside India.

     

    As someone who played an instrumental role in the introduction of CLAT, how successful has the entrance test been in your opinion?

    In fact, I should not comment on CLAT and the strategy which they have adopted as I am not a part of the CLAT. At the same time, since I was one of the main initiators of CLAT I deem it my duty to share it with you that CLAT would be a successful test format only when it has a centralised and permanent body responsible for maintaining the standards of CLAT and effectively conducting the tests. Main cause of criticism for CLAT has come because of the fact that the rotational policy conducting tests hasnot paid dividends because every school may not have the perfect expertise and vision as to what is the standard aptitude and skills to be examined in a legal test.

     

    What are the pros and cons of having different entrance tests for different universities?

    (NLU Delhi has a separate entrance test called AILET.)

    CLAT was introduced only for the reason that it would be able to avoid multiplicity of tests which makes it difficult for students to focus fully on one entrance test. NLU, Delhi decided to go for a separate test mainly because we were not sure about the quality of the test and whether it would be conducted effectively, as CLAT was only in its second year of operation in 2008 when NLU, Delhi was established.

     

    Do you think that standardized testing is the best way going forward?

    In a country like India the foreign standards of testing may not be very successful. Because that requires higher degree of integrity. Emphasis should be on standards of the aptitude and skill tests related to Law.

     

     

    Can you tell us about your association with institutions that seek to effect social and legal change?

    (Professor Singh has been associated with several renowned institutions like the National Legal Services Authority, Indian Law Institute, National Police Academy, National Commission for Women, etc in an advisory role.)

    Law is a great tool for social transformation and change. Effective Laws for social justice if effectively implemented can go a long way in solving problems of millions and millions of people in this country. Those who are have nots and down trodden, dalits, harijans and all those who belong to disadvantaged groups including Women and Children.

     

    Do you think that the curriculum prescribed by the BCI equips law students with the skills necessary for solving real life problems?

    I have been associated with Bar Council of India (BCI) for a long time and I think the course curriculum designed by BCI is perfectly fine as it leaves lot of scope for changes allowing changes according to local needs. Participative institutions can give importance to priority areas, but the problem lies somewhere else. Earlier the country was faced with the problem of mushrooming of 3 years law colleges with no infrastructure, library or the faculty. The same has started happening to 5 years law colleges which are almost more than 1000 in numbers, out of which not even 10% adhere to best standards and norms for good legal education. Unfortunately, for the last 20 years after the introduction of the ‘Rotational Headship Schemes’ in the law faculties and also because of ‘Automatic Promotion Schemes’ in the Universities, the standards of academic research and teaching have miserably come down.

     

    What steps can be taken to turn law schools into justice schools?

    Law schools have adopted the model of five years teaching in Law for acquiring Law Degree and all law schools have to compulsorily teach social science subjects i.e. Sociology, Economics, Political Science, History and Law Language and Literature. This criticism is more true and should be addressed to three years course in Law.

     

    Do you think NLUs, owing to their fee structure, remain inaccessible to a large section of people?

    Most of the NLUs and I have personal experiences of NALSAR Hyderabad and NLU, Delhi provide liberal financial assistance to all the category of students after they join law schools. I had a policy in this direction at both the Universities which we still follow. I have no instance to quote where any student has to leave the law school/university because he or she could not afford the education. The fee structure in the Law Universities is far less than a prestigious primary school in Delhi.

     

    What is your view on the opinion that students pursue law only to get high paying jobs?

    It is highly misplaced criticism because the law schools have this kind of criticism which has been faced by IITs and IIMs. But I shall like to answer this question by asking a counter question – as to why the products of law schools should not have the freedom to choose career of their own choice. The majority of the students admitted to these law schools are from middle class families and most of them are first generation students aspiring to have the Law degree. One can ask, is there any system in place in this country created by the BCI, the Bar Association of Supreme Court of India or the respective High Courts and by the Senior Advocates of the Supreme Court and High Courts including efforts if any by the Government to attract the young talent which is highly competent to join litigation. Since they fund their own education in their law schools joining the corporate law firms may be necessary for them. But at the same time in the present times not many students are going to corporate firms rather they are joining diverse fields including civil services. Let me share this with you that in the coming 10 years maximum candidates qualifying civil services will be from the law universities and they will overtake IITs.

     

    Does law school put too much pressure on its students?

    This kind of criticism applies to the best of professions and institutions like IITs, IIMs etc and Law Universities are not any exceptions. I for one don’t mind that if the students in the Law Universities have to work hard, wherein most of law colleges in the country are producing not even half baked lawyers.

     

    What advice would you like to share with those hardworking students who were unable to get into the top NLUs?

    Most of the Law Schools are a lot better than what they used to be during our time, still as a matter of fact a lot of us graduated started work and many are currently known internationally for their achievements. One should have the sense of pride where anybody joins; one should work hard to be professionally competent, technically sound and socially relevant to succeed in law education. Since, Law Universities have become a brand and known for good education, standards certainly vary from one institution to another. But, those students who work hard come out successful from all institutions.
    [/sociallocker]