Super Lawyer

Category: Law Firm

  • It is very crucial for a lawyer to have a reasonable understanding of workings of court(s) of first instance, especially procedural law(s)- Satyam Thareja, Founding Partner, TNC, Advocate-on-Record at Supreme Court of India

    It is very crucial for a lawyer to have a reasonable understanding of workings of court(s) of first instance, especially procedural law(s)- Satyam Thareja, Founding Partner, TNC, Advocate-on-Record at Supreme Court of India

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

    To start this conversation, please tell us about your decision to pursue law.

    I finished schooling in 2007, not so long after my father’s retirement from judicial service and right after enrolment of my brother with Bar Council of Delhi. I got to see both of them in invigorating discussions over nitty-gritties of law. This influenced me considerably in making my mind to pursue law. Also, I realised that graduation in law can be foundation for various vocations.

    Can you tell us about your experience as a Law-Clerk-cum-Research Assistant in Supreme Court of India? How did this experience shape your career in law?

    In 2012, few month before my graduation from National Law University, Jodhpur, I got the opportunity to intern with Retd. Justice Dalveer Bhandari, Former Judge of Supreme Court of India. This experience encouraged me to seek engagement as a Law Clerk-cum-Research Assistant. At that time, Supreme Court of India conducted interviews for selection to pool of graduates for post of Law Clerk-cum-Research Assistant. After I was selected, I got assigned to the office of Retd. Justice RM Lodha, Former Chief Justice of India. He was a very hard task-master and very disciplined. However, he was very kind to allow me to pursue LL.M. while working in his office. My experience as a Law Clerk-cum-Research Assistant enabled me to have a better understanding of jurisdictions of different court(s) and tribunal(s) as paper-book filed in Supreme Court of India are comprehensive vis-à-vis question of law / issue. After my term as Law Clerk-cum-Research Assistant got over, I got the opportunity to work as an associate in office of Mr. Sidharth Luthra, Senior Advocate & Former Addl. Solicitor General of India.

    What inspired you to start independent practice and focus on trial court work?

    I got to learn a great deal about working of superior courts in office of Mr. Sidharth Luthra, Senior Advocate. During my time at his office, I realised that when one is young in the profession, judges, senior members of bar & court staff accommodate & condone mistakes to enable a learning curve. However, similar treatment is not easily offered to someone who has some experience at the bar.

    Over the period of more than 7 years, since I have been independently practicing, I have made my own set of mistakes and I have learned from them. A large part of my learning curve, in trial court, is influenced by my stint as panel lawyer for Magisterial Courts with Delhi State Legal Services Authority and by rendering assistance to my father with his work.

    In my opinion, it is very crucial for a lawyer to have a reasonable understanding of workings of court(s) of first instance, especially procedural law(s). It also helps in having a better understanding of the legal issues while working in appellate courts.

    Would you share a cross-examination technique or approach?

    I do not think that art of cross-examination can be taught. It is developed organically by every lawyer through his / her own experiences.

    I have garnered some experience to identify certain crucial concepts. For example, I have seen many witnesses falling prey to confirmation bias. As a lawyer, while doing cross-examination, it is imperative to identify the potential confirmation bias in the testimony of witness and exploit it to raise doubts on credibility of testimony of the witness

    In 2020, you got enrolled in the Supreme Court of India as an Advocate-on-Record. Why did you choose to enrol since you focused on trial court work?

    While working in trial court, I got many indigent clients whose case had merit for them to be argued before superior courts. I could continue providing legal services in the High Court of Delhi but not in Supreme Court of India since I could not do filing there. I got enrolled as an Advocate-on-Record to become eligible to file and pursue such matters before the Supreme Court of India which, in my opinion, need consideration qua individual right of such litigant or have a larger impact.

    Can you tell us about a particularly challenging case you worked on and how you overcame the challenge?

    One of the challenging cases I got to work upon was a medico negligence case. I represented the interest of complainant who, who was otherwise suffering from a terminal / chronic illness, having been advised for a particular surgery, had undergone surgery which did not have a favourable outcome. The complainant chose to contest the matter before State Consumer Commission asserting medical negligence against the surgeon / doctor and the hospital. During the pendency of the matter, upon order of State Consumer Commission, an opinion of medical board from a reputed hospital was taken which recorded that there was no medical negligence. However, eventually, the State Consumer Commission declined jurisdiction as compensation sought was beyond its pecuniary jurisdiction.

    Thereafter, complainant approached me to pursue the matter before National Consumer Disputes Redressal Commission. Upon seeing the file, I advised the complainant to pursue the complaint before the National Consumer Disputes Redressal Commission on the grounds of lack of informed consent and deficiency in service as complainants’ consent form was a standardised pre-printed form. The National Consumer Disputes Redressal Commission, in its judgment, though dismissed the complaint but acknowledged that the usage of pre-printed forms for consent, by the hospital, was administrative arbitrariness and one-sided high handedness and imposed heavy cost on the hospital.

    You have also worked on notable cases such as Rajesh Tyagi v. Jaibir Singh, FAO No. 842 / 2003 before Hon’ble High Court of Delhi. Can you tell us about it?

    The Hon’ble High Court of Delhi in matter titled Rajesh Tyagi v. Jaibir Singh, FAO No. 842 / 2003, dealt with procedural issues faced by Motor Accident Claims Tribunal(s) having jurisdiction in Delhi. The Hon’ble High Court of Delhi directed for Modified Claims Tribunal Agreed Procedure to be followed by all Motor Accident Claims Tribunal(s) which are subordinate to Hon’ble High Court of Delhi and for filing of Detailed Accident Report by investigation agency before concerned Motor Accident Claims Tribunal. These directions have alleviated a large number of concerns faced by Motor Accident Claims Tribunal(s) such as irregular averments in claim petitions, delay in production of documents like proof of income, investigation documents, insurance documents etc., time consumed qua first appearance of parties etc. This has, consequently, resulted in reduction of time span between the date of incident / accident and passing of award.

    I got involved in this matter as an associate to Mr. Sidharth Luthra, Senior Advocate who was appointed as an Amicus Curiae. However, after lapse of some time, I got the opportunity to assist the Hon’ble High Court of Delhi in my own capacity.

    Get in touch with Satyam Thareja-

  • No dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that- Tamal Mandal, Partner, Luthra and Luthra

    No dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that- Tamal Mandal, Partner, Luthra and Luthra

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

    To start this conversation, please tell us your motivation behind pursuing law.

    I am from that era when engineering or medicine were the preferred career choices. Hailing from Kharagpur, with the IIT KGP – a stone throw away – the expectation was that I would sit for the JEE. However, it was a chance discussion before the Class 12 board examination with a friend who wanted to pursue law as a career option that piqued my interest in the field.  

    From there, I started my internet research and mind you, at that time around 2004, there were only a handful of National Law Schools (five to be precise). I narrowed down on NUJS, Kolkata and NLSIU, Bangalore. As compared to now, there was not much information available online or offline regarding career options after graduating or even what to expect in the 5 years that I was going to devote in studying and hopefully enjoying my university life. Having decided to become a first-generation lawyer, I took the plunge and appeared for the NUJS entrance test in January 2004 and then the NLSIU test over the summer. To my surprise, I made it to NUJS and the result filtered in just prior to writing my final paper of the ISC (Class 12) board examination. There has been no turning back since then.

    You have extensive experience in international and domestic arbitration, WTO dispute settlement, and commercial litigation. Could you tell us about a case that you found particularly challenging and how you managed to resolve it?

    To my mind, the best part of being a disputes lawyer is the wide array of dispute related work that I have done over the years. Whether it is litigation or arbitration or WTO dispute settlement or investor-state dispute, I can safely say that the core premises more or less remain the same.

    That said, if I have to choose one challenging case that I have worked on in the last 14 years, it has to be an arbitration dispute where I had a tough ask to resist the enforcement of a foreign award rendered in Singapore in an international commercial arbitration from being enforced in India. The client having failed in getting the award set aside in Singapore (which was the seat of the arbitration and whose courts had jurisdiction in setting side proceedings) wanted to contest the enforcement petition filed before the Delhi High Court. I had to work with very limited grounds as Part II of the Arbitration & Conciliation Act, 1996 does not provide a wide latitude when it comes to opposing the enforcement of a foreign award. Nonetheless, basis research on the party who had filed for enforcement, some novel arguments on contravention of public policy were formulated and advanced as that party’s (i.e., the claimant in this case) name had been struck of the register of companies by the Registrar prior to the filing of the enforcement petition. In other words, the argument was that an enforcement petition could not have been filed by a non-existent entity and granting enforcement would be contrary to the public policy of India. This is turn led that party to file an application for restoration of the name of the company in which my client filed an application as an intervenor. Eventually, with all the lawyering and proceedings, both the parties opened talks with a view to negotiate a settlement.

    What are some common misconceptions people have about international commercial arbitration? How would you address these misconceptions?

    Arbitration as a mode of dispute settlement has been well received since the days of the Alabama arbitration in 1872. I don’t think there are many disagreements as to the value and efficacy of the process given the amount of party autonomy that is vested and from the fact that a wide variety of disputes (commercial, investment, trade, maritime, etc.) have been resolved using arbitration.  

    That said, no dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that. To my mind, the most common recent criticism or misconception (if I may equate the two) concerns the costs of running with an arbitration. From the arbitrators fees to counsel fees to institution fees, it is true that there has been an uptick in the cost that a party has to bear in choosing to arbitrate a dispute. However, I believe that the cost aspect is often offset by the efficiency of the process which can lead to an arbitral award in a much shorter time frame compared to national court proceedings. Second, “well managing” an arbitration is partly in the hands of the parties and their counsels, and this can bring down costs, for example, agreeing and respecting timelines, having a document only arbitration when the claims are simple and evidence is not required, etc.

    Another common misconception is that a party nominated arbitrator means you have someone on your side. The fact that arbitrators, whether it is the presiding arbitrator or the party nominees, have to be impartial and neutral is the bedrock of arbitration and to expect anything to the contrary is equivalent to discrediting the process itself.

    Lastly, the so-called “standard” arbitration clauses from the past are fast losing their relevance. With the blinding evolution of the laws and processes in international commercial arbitration, having a tailor-made arbitration clause in a contract/agreement that is being negotiated is a must to not only safeguard a party’s right but also add to the efficiency of the process when a dispute materialises later from the performance or non-performance of that contract/agreement.    

    You have worked with the WTO as a Dispute Settlement Lawyer in the Appellate Body Secretariat. Could you explain to us the role of the Appellate Body and how it works within the WTO dispute settlement system?

    The World Trade Organization (WTO), as many of the readers may know, is an intergovernmental organization based in Geneva, Switzerland that was established in 1995 and deals with rules of global trade. While one function of the WTO is to negotiate new rules on global trade, the other main function is to resolve disputes between Member States arising from the interpretation and application of the WTO treaties.

    In a first of its kind in the international arena, dispute settlement at the WTO was designed as a two-tiered system. To begin with, if a dispute is not resolved amicably in consultations, a panel of experts (simply called a panel) then decides the dispute that is brought by one WTO Member against another WTO Member alleging that the latter has violated or acted inconsistently with the treaty obligations it took upon itself. A panel issues a ruling which is called the Panel Report. The losing WTO Member has the right to appeal a Panel Report to a standing body of 7 experts who comprise the Appellate Body which at the time of its creation was termed as the jewel in the crown of the WTO. Each Appellate Body Member is appointed for an initial term of 4 years and can be extended for a second 4-year term.  

    The Appellate Body is therefore the final arbiter of disputes between WTO Member States and hands down decisions that are binding upon the litigants. The Appellate Body has the power to consider questions of law raised in an appeal and then to uphold or reverse or modify the panel’s ruling. Each appeal before the Appellate Body is handled by a division of 3 Appellate Body Members in accordance with the timelines prescribed in the WTO Dispute Settlement Understanding. The Appellate Body Members are ably assisted by the Appellate Body Secretariat comprised of lawyers and support staff.

    However, since late 2019, the Appellate Body is no longer functional owing to the United States blocking the appointment of Appellate Body Members. Talks are continuing in Geneva on how to resolve this crisis that requires consensus of all WTO Member States. In the meantime, for those who are wondering as to what is happening to any appeal that is filed, sadly panel reports that have been appealed since 2020 are lying still without any adjudication.  

    You are skilled in providing input into policy framing, strategic planning, and decision making. What are some of the challenges you have faced when advising clients on these matters?

    Much of it depends on who the client is. For instance, when the client is a sovereign government, the considerations and challenges are slightly different. In advising Ministers and policy officials who may want a particular policy to be in place, one has to carefully balance articulating the magnitude of legal risk in having such a policy and what could happen if the policy was to be successfully challenged. In such instances, while there may be commercial considerations, the other important consideration is to carefully consider the larger public interest as well reputational risks in having such a policy in place. Thus, there is an inherent balancing act that a lawyer has to perform between, on the one hand legal risks and, on the other, the policy rationale.

    When I have to do the same for a private client, commercial and reputational considerations become the key. And then I have to be upfront about the uncertainty of what may result from litigating/arbitrating a matter vis-à-vis costs of pursuing it, commercially as well as reputation wise. Let me give you an example, while arbitrating a dispute can result in an award relatively quickly, one has to also consider how best to enforce that award, where to enforce that award and how long will that process take. When such considerations are put forth before clients, they appreciate and take that on board and more often than not involve the layer in making a final decision.      

    You have a Master of Laws (LL.M) in International Dispute Settlement. What inspired you to pursue this field of study, and how has it influenced your career?

    From my early days in NUJS, I was pretty certain that I wanted to be a disputes lawyer. So, when I started out with the dispute resolution team at the erstwhile Amarchand & Mangaldas in 2009, I was exposed to a wide variety of proceedings before different forums – from the Supreme Court to district courts, from arbitration to mediation sessions, criminal proceedings, etc. And these varied experiences set off a spark in me to explore the field of international dispute settlement, like proceedings before the International Court of Justice (ICJ), state-to-state dispute settlement at the WTO, investment treaty arbitrations, etc.

    Thus, the MIDS or the LL.M. in International Dispute Settlement offered jointly by the University of Geneva and Graduate Institute of International and Development Studies became the natural choice given the stellar teaching cast and its location in the heart of the practice of international law and diplomacy.

    Be it public or private international law, MIDS provided me with an unparalleled experience in the field of international disputes. The MIDS was pivotal in my subsequent journey as an international disputes lawyer. It provided me with the platform to pursue an internship with the Appellate Body Secretariat which later materialised into a full-time position as a dispute settlement lawyer. My time at the Appellate Body Secretariat was thoroughly exciting given the types and kinds of disputes that came up for consideration at the WTO in addition to the lifelong friends I made while working there. The WTO stint in turn set me up for a position with the UK Government in London to work on UK’s international disputes engagements prior to my return to India where I am currently a Partner in Luthra and Luthra’s dispute resolution practice.

    Lastly, what advice would you give to young lawyers interested in pursuing a career in international trade law and dispute resolution?

    From my experience thus far, I can perhaps offer a couple of insights: first, do try and pursue higher studies from an institution and subject of your liking whether it is in the United States, the UK or mainland Europe or anywhere for that matter. I found my year of reading the LL.M. to be fulfilling not only in terms of what I learnt but also in terms of meeting new people, making new friends and getting to know different cultures especially when batchmates come from across the globe.

    The second piece of insight I have to offer to young lawyers is not to super specialise early on in your legal career. If somebody is interested in dispute resolution, try working on as many aspects of it that you can i.e., do court litigation, do an ad hoc arbitration, do an institutional arbitration, try your hand at tribunal litigation (for example before the CESTAT, NCLT) and better still work on a criminal law matter before the trial courts. Take my case, over the years, I have been lucky do all of the above and that’s why I always consider myself to be a generalist disputes lawyer which I believe has helped me tremendously in the varying roles that I have taken up the last 14 years.

    Get in touch with Tamal Mandal-

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

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

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

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

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

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

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

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

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

    What keeps you motivated at work? 

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

    How do you spend your time off? 

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

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

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

    Get in touch with Lynn Lazaro-

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

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

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

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

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

    What drew you to corporate law instead of litigation?

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

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

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

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

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

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

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

    What do you find most rewarding about your work?

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


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

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

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

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

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

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

    Get in touch with Akshay Sachthey-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      Get in touch with Marinos Cleanthous-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Neela Badami-

  • Perseverance and a strong dedication to expanding one’s knowledge base are essential for success in the field of law- Foram Shah, Partner, King Stubb & Kasiva, Advocates & Attorneys

    Perseverance and a strong dedication to expanding one’s knowledge base are essential for success in the field of law- Foram Shah, Partner, King Stubb & Kasiva, Advocates & Attorneys

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

    Ma’am, please tell us about your decision to pursue law.

    During my preparation for the final year of my Economics Honors degree, I made the decision to pursue a career in law.

    Please tell us about  the hardships that you faced by you in your 18 years of experience in corporate laws and how you overcame them.

    Certainly, as someone with 18 years of experience in corporate law, I can attest that there are many challenges one can face in this field. However, I firmly believe that these initial hurdles can ultimately make you stronger.

    One common challenge for lawyers is obtaining good, high-quality work. In order to overcome this challenge, I have found that knowledge is absolutely crucial to advancing your career. Even during years when I didn’t have many quality clients, I never gave up on my belief in myself. Instead, I focused on continually educating myself by staying up-to-date on new regulations, revised and amended acts impacting corporates, and reading orders. By doing so, I was able to prepare myself to help corporates face new challenges in regulations and compliances.

    In short, perseverance and a strong dedication to expanding one’s knowledge base are essential for success in the field of law.

    Please elucidate about your international experience as a lawyer.

    I have been fortunate to have numerous opportunities to work on international transactions throughout my career. I have been involved in setting up companies and joint ventures in various parts of the world, as well as working on the acquisition of companies in Africa, Far East Asia, Europe, and beyond. In the course of these experiences, I have had the opportunity to work closely with local counsels and legal experts in each respective country, allowing me to gain a deep understanding of their unique internal laws and regulations.

    I consider my international experience to be an invaluable asset to my career in law. It has broadened my perspective and provided me with a wealth of knowledge and expertise that I can draw upon in a wide range of legal matters.

    We would like to know more about the  masters which you pursued from NLSIU in Business Laws and in what ways it has helped you in your corporate career.

    NLSIU Bangalore is a pioneer in offering Master’s program in Business Laws. It provides a comprehensive understanding of the various legal frameworks that are essential for businesses to operate successfully. Moreover, the program is designed in such a way that it not only imparts knowledge on laws but also focuses on developing essential commercial skills. This includes aspects such as understanding businesses of clients, commercial awareness, and negotiation skills.

    The program has certainly helped me in my corporate career by giving me a well-rounded perspective on how businesses operate in the legal sphere. Through this program, I have gained a deep understanding of various legal aspects related to businesses, such as regulatory compliance, corporate governance, and contract law, among others. Furthermore, the commercial skills that I have developed have been instrumental in understanding the businesses of my clients and working with them to achieve their goals.

    In short, pursuing a Master’s in Business Laws from NLSIU Bangalore has been an immensely valuable experience for me, providing me with a strong foundation of knowledge and skills that have helped me succeed in my corporate legal career.

    You have also advised on Data Protection policy and GDPR policy. Please explain your experience. 

    Perceiving the current scenario, the data protection policies in India are still in the phase of the Personal Data Protection Bill, which was introduced in Parliament in 2019. The bill aims to provide a comprehensive framework for the processing of personal data in India, including provisions for data protection, individual rights, and obligations for data processors and controllers. The bill is currently under review and is expected to be amended to address concerns raised by various stakeholders. Once the bill is passed, it will become a law, and all organizations operating in India will be required to comply with its provisions.

    At present, in India, we do not have any strict guidelines; however, industries and companies have started preparing to implement the terms of new guidelines, which are expected to be introduced in the near future. As a partner handling several data protection mandates at King Stubb & Kasiva, my team and I are helping our clients and their departments to ensure that they are compliant with the guidelines from day one.

    On the other hand, GDPR (General Data Protection Regulation) is a comprehensive data protection law that came into effect in the European Union in May 2018. The law applies to all organizations that process personal data of EU citizens, regardless of where the organization is based.

    GDPR has several key provisions, including requirements for data protection impact assessments, the appointment of data protection officers, and the reporting of data breaches. The law also provides individuals with several rights, including the right to access their personal data, the right to request erasure of their data, and the right to data portability.

    Our team at King Stubb & Kasiva has worked extensively with Indian companies having a presence in Europe to comply with GDPR by formulating policies for them and ensuring that our clients comply with all aspects of GDPR. The team is well-versed in the requirements of GDPR, and we help our clients to navigate the complexities of the regulation to ensure that their businesses are fully compliant with the law.

    Apart from working, what do you prefer in your free time? 

    In my free time, I enjoy exploring rural areas and helping out in schools or medical facilities. I also like to spend time gardening and listening to music.

    Lastly, what kept you going on in all these years?

    What has kept me going in all these years in the field of law is my passion for the profession and my desire to continuously learn and grow with always motivated and enthusiastic team at King Stubb & Kasiva. I am constantly inspired by the challenges and complexities of legal issues and the opportunities to help clients achieve their goals. Additionally, I am motivated by the positive impact that my work can have on businesses and individuals, and the satisfaction that comes with contributing to the greater good. 

    Get in touch with Foram Shah –

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Pooja Chakrabarti-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Daniel Murphy-

  • “Being kind and humane to your colleagues is not only a great attribute but also a much-needed trait in a profession which sees severe stresses, short deadlines, and complexly contentious issues”- Sukrit R Kapoor, Partner at King Stubb & Kasiva, Advocates and Attorneys

    “Being kind and humane to your colleagues is not only a great attribute but also a much-needed trait in a profession which sees severe stresses, short deadlines, and complexly contentious issues”- Sukrit R Kapoor, Partner at King Stubb & Kasiva, Advocates and Attorneys

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

    As a conversation starter, please tell us about how you ended up pursuing law as a career?

    I used to identify myself as an accidental lawyer, but with over a decade behind me since law school I am confident that I was meant to do law. It was through some family friends’ recommendations and guidance from a career counsellor that I ended up prepping for law school entrance exams in the pre-CLAT era and thankfully I landed up at GNLU, Gandhinagar.

    Although my earlier aspirations were to pursue accountancy (largely attributable to my having been brought up in Gujarat where pursuing CA has been a perpetual trend) I realised shortly after graduating from GNLU in 2011 that my natural acumen is much better suited for practicing law.

    Could you please tell us about the challenges that you faced when you switched to practicing law in India?

    So after spending a few years abroad and working with international organizations I realized that I did not want to limit myself to a particular area or a particular court. I figured my ability to crack a regulatory or legal framework in a short span of time worked equally well a variety of practice areas.

    With this the natural step was to transition to practicing law. The biggest challenges were making decisions, being to either practice in Delhi or elsewhere, sticking to chamber practice or moving towards consulting.

    In the present day I identify myself as a legal strategist and consultant focusing on corporate and commercial disputes. Dabbling in various avenues of practice and gaining a perspective on where I am best suited was the prime challenge and I hope it continues to remain one as a constant growth curve leads one to redefining their position of contribution.

    What according to you are the key drawbacks in the current legal and disputes landscape in India? 

    I think this question is better suited for a thesis. But just at the top of my head, while since Covid we have seen a much welcome transition towards adoption of technology by the Indian judiciary, the impetus must continue to bring further transparency and swiftness in the disputes landscape.

    Another challenge that I realise is the disparity in the pay structure for young lawyers, and I partly hold law schools responsible for this. See, a medical school is very closely attached to a hospital where a medical student deals with the rigours of practicalities in an operation theatre or a ward and emergency. However, law schools due to multifarious reasons have the ability to offer mostly theoretical knowledge. A young lawyer even from the best of law schools may not be able to appreciate the nuances of drafting even a basic affidavit from day one; whereas it is rather standard to expect a MBBS to perform stitches on a patient even prior to their graduation.

    While internships may offer some bit of exposure, not every internship will turn out to be as equally rewarding in terms of learning. Combining research acumen with a pragmatic approach will help increase the preparedness for young lawyers.

    What difference do you see between the legal education system abroad and the one in India?

    Speaking from my experience of having pursued a LLM in UK, one of the key differences is the method of pedagogy. Law schools in UK are a lot better equipped for seminar-based interactions whereas courses at Indian law schools are still largely structured around lectures.

    Additionally, the method of taking exams is also significantly different as UK law schools assess their students through take home exams which hone their research and legal writing abilities significantly.

    What keeps you motivated at work? 

    Thankfully many things.

    I have the constant urge to know answers to my clients’ questions before they ask them and presenting the way forward. I believe that’s the very foundation of expectations of a an in-house counsel from an external counsel and more so when concerning disputes and litigations.

    Along with this I have the support of a great team (both mentors and colleagues) at King Stubb & Kasiva which only multiplies my motivation.

    Given a hectic schedule, please tell us about how you spend your time off.

    Over the years my definition of time off has changed significantly. As a disputes counsel one really needs to shed the ideas of weekends, etc., as that’s when a lot of work actually takes place in terms of briefing conferences, arbitration proceedings and mediations.

    While a lot of people highlight the adversities of glorifying long working hours and I do partly agree, balancing the time with a huge chunk falling in favour of spending time doing law is the requirement for any counsel who seeks to add value.

    During the time I am not doing law, I tend to interact and catching up with family and friends, planning for travels and travelling, reading and some bit of occasional kite-flying.

    Lastly, please tell our audience about the lesson you have learnt the hard way.

    Being kind and humane to your colleagues is not only a great attribute but also a much-needed trait in a profession which sees severe stresses, short deadlines, and complexly contentious issues.

    A lot of people may say that one should be patient but not many can explain how to achieve it. Patience is actually a great quality for a disputes counsel, and this requires putting in a lot of work to have complete clarity.

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