Can you share with us what initially sparked your interest in pursuing a career in law, particularly specializing in indirect tax litigation and international trade policies?
My father and his brother both practice as Sales Tax Consultants in the city of Mangalore. Back in the early 2000’s, their work involved a lot of attendant work such as visiting the Sales Tax Department for filing monthly returns and yearly assessments etc. Nothing was online then, so when I was at school, I used to visit them during these rituals to assist. However, it was more for the customary lunch at a hotel that followed.
When I was studying at college for my degree in commerce, I got more involved in the work. This allowed me to get to know about the legal proceedings that follow, such as issuance of proposition notices, appeals and tribunal proceedings etc. For this we would rely on advocates at Bangalore, which sparked my interest in indirect tax litigation and so I ended up studying law.
With your extensive experience in handling cases across various sectors like oil and gas, telecommunication, banking, and more, what motivated you to focus on these specific areas within the legal field?
Taxation is a very niche area of practice. So once you decide to pursue a career in it, you have to deal with a variety of cases relating to different sectors. It also depends on the place where one practices. For example, at Bangalore you may find more service tax litigations because of the place primarily being an IT hub. Whereas, when it comes to excise and customs, it is Mumbai and Gujarat because of the large manufacturing industries, customs ports and corporate offices of leading companies being located here. So bigger cities have their own advantages.
Could you walk us through your journey from your early days as a law student to your current role as an Associate Partner at TLC Legal, one of India’s leading law firms in indirect taxes and international trade policies?
I did my law at SDM Law College, Mangalore. After I completed my law, I joined the law chambers of Mr.K.S.Ravi Shankar, Senior Advocate at Bangalore who practices at the High Court of Karnataka, in the areas of Indirect Taxation.
Then when I moved to Mumbai, I got the opportunity of working as an associate at TLC Legal, which specialises in indirect tax litigation and advisory. Working at TLC Legal has been very fulfilling as I had the opportunity of working on some of the interesting as well as complex cases. I got the opportunity to work with some of the best legal minds of the country.
You’ve had the opportunity to work with esteemed legal practitioners such as Mr. K.S. Ravi Shankar. How did these experiences shape your approach to legal practice and influence your career trajectory?
I had the fortune of working at the law chambers of Mr.K.S.Ravi Shankar, who is not only a distinguished lawyer but also a revered scholar on vedas and other scriptures. He is an exceedingly well read man, bestowed with great skills of advocacy. His chamber had good work in indirect taxation that immensely helped me build my interest in the subject. Working with him taught me how to be disciplined at work (he would begin his day in the office at 7 in the morning!), which to a large extent I try to practice. His one piece of advice to me, which I still vividly remember, is to cultivate the habit of reading, and that I should spend 10% of what I earn on buying books.
As someone who regularly appears before the Supreme Court, High Courts, and Tax Tribunals, what are some of the unique challenges you face in representing clients in complex indirect tax cases?
Taxation as such is not a very interesting subject, and I have been told this by many. It can be humdrum particularly with cases that involve too many numbers. A lawyer needs to sit with the client or his accountant and understand it clearly. This is where knowing a bit of basic accounting and reading financial statements would come in handy.
But the real challenge is presenting the case before a Judge. Some of them are extremely patient, some are quick tempered, some are very vocal – they keep asking questions, and they will not move an inch further till they are satisfied. Therefore, I follow the rule of reading the brief thoroughly from the first page to the last, as you never know how things go on in the Court.
One thing I learnt from my senior Mr.Vipin Jain is to think about how to make the case interesting for a judge. One way of doing this can be by giving real life examples – even abstruse questions can be explained interestingly with simple examples and anecdotes.
Can you share some insights into your approach to drafting appeals, petitions, and providing legal opinions under GST/indirect tax laws? How do you ensure accuracy and effectiveness in your legal arguments?
Drafting is an art and one needs to put in conscious efforts to improve this. My approach has always been not to be too verbose in appeals and petitions, but brief and concise. I don’t find any point in making long written arguments or citing several case laws.
One part which I take utmost care while drafting an appeal or petition is the drafting of synopsis and the dates and events. Synopsis is the soul of any petition or appeal, and sometimes the judges skim through it to understand the case before coming to the Court. Preparing a two or three page succinct synopsis helps organise and put the thoughts onto paper for whatever may be the complexity of the matter. This would also help recollect the matter for when it is revisited after several years down the line.
Each case mainly has one or two arguments on which the entire case hinges, rest are all mainly fillers. So to ensure accuracy and effectiveness in the arguments, I mainly focus on these and try developing it more and in a better way.
With your background in international business, trade, and tax law, how do you stay updated with the evolving landscape of indirect taxes and international trade policies, and how does this knowledge benefit your clients?
Yes, it is important to stay abreast in the legal profession. For this I read mails sent by a few subscriptions which track these developments.
Finally, what advice would you offer to law graduates who aspire to specialize in indirect tax litigation and international trade policies, based on your own experiences and insights gained throughout your career journey?
I always believe in “each to their own”, meaning what worked for me, may not work for others. But since you have asked this, here are a few points that I can think about:
Focus on communicating effectively. Lawyers always communicate, either written or oral. You may know your facts and the law well, but you can’t make an impact unless you are able to communicate effectively. Reading helps with this.
Make use of online resources. Today many courts are live streaming on YouTube. There are other YouTube channels as well, like the Justice Nariman Official Channel, which is immensely resourceful. Listening to these would help understand how great legal minds work.
Can you share a bit about your journey into the field of law? What initially sparked your interest, and how did you find your way into practising law, particularly in areas such as Criminal Law, Corporate Consultancy, and Matrimonial Law?
I founded the firm in the year 2012, with the motto – “JUSTICE FOR ALL”, Oberoi Law Chamber’s is shielded by me having an experience of 14+ years in the industry with efficient lobby and irrefutable liaising across India, along with his team of experienced lawyers to fix all litigation and legal obstacles.
The firm’s mission is to build & sustain a relationship-driven firm that believes in commitment towards developing and nurturing relationships for the long term with their clients. This is driven by the passion and the ability to provide optimal solutions packaged with professionalism as well as cost efficiency.
• Criminal Litigation
• Civil Litigation
• Matrimonial Litigation
• Corporate Law
• Industrial Dispute
• Debt Recovery
• Intellectual Property Rights
You’ve had a diverse range of legal experiences, from litigating in various courts to founding Oberoi Law Chambers. What inspired you to establish your own firm, and how does your mission of “Justice for All” shape the work you do?
Oberoi Law Chambers was founded with a vision for a client-centric, technology-driven firm with strong ethical values. Overcoming challenges and adapting to change, the founder assembled a team of passionate individuals and embraced innovation. He started his journey in the field of law in the office of Justice Vinod Kumar Sharma and Rahul Sharma – Associate where he worked from June 2008 – November 2012, Chandigarh. Post which he moved on to establishing Oberoi law chambers. In the city of Ludhiana expanding to the Punjab Haryana High Court and the supreme court.
Personalized attention, clear communication, and a secure client portal were prioritized to ensure clients were informed and involved throughout the legal process. The firm also incorporated sustainability initiatives and actively engaged in pro bono legal work, reflecting its commitment to ethical practices. While facing challenges and setbacks along the way, each experience became a learning opportunity, fostering resilience and strengthening the firm’s resolve. Today, Oberoi Law Chambers stands as a testament to its founder’s vision, earning the trust of countless clients, successfully representing them in complex legal matters, and achieving landmark victories. Looking ahead, the firm remains committed to innovation, client service, and ethical practices, aiming to shape the future of legal services and drive positive change in the world.
The firm’s idea to ensure that our clients get a proper return on their investment; along with expertise, turnaround ability, speedy availability, honest and transparent approach and Partner involvement in every assignment drives the choice for the Client. We also do pro bono litigation for the less privileged and handicapped. For victims of heinous crimes, we provide cost-to-cost service.
Could you elaborate on some of the most memorable legal battles you’ve fought for your clients? What were the key challenges you faced, and how did you navigate through them to achieve a satisfactory resolution?
Since its inception, Oberoi Law Chambers has earned a reputation for excellence and client satisfaction. Here are some key accomplishments:
Won landmark cases: Successfully represented clients in high-profile cases, setting precedents and achieving significant legal victories. To name a few cases from the last few months:
Master Eric Thind [Changed the laws around surrogacy allowing single biological father to have custody of a child born through surrogacy]
Raj Kapoor v. State of Punjab [got case time-bound, proceeding with summary trial in place of summon trial]
Zuber bail v. State of Punjab [on account of delayed trial]
Nisha Sidhu’s case [dealt with rape victim compensation]
Built a diverse and talented team: Attracted and retained top legal talent, fostering a culture of inclusion and collaboration.
Developed innovative solutions: Pioneered the use of cutting-edge legal technology and implemented unique strategies to enhance client service.
Received client testimonials: Consistently recognized by clients for providing exceptional legal services, personalized attention, and achieving successful outcomes. [They can be found on our website]
As someone who has worked extensively in litigation, what are some of the essential skills you believe every successful litigator should possess? How do you hone these skills in your own practice?
My idea is to ensure that our clients get a proper return on their investment; along with expertise, turnaround ability, speedy availability, honest and transparent approach and Partner involvement in every assignment drives the choice for the Client.
We also do pro bono litigation for the less privileged and handicapped. For victims of heinous crimes, we provide cost-to-cost service. Work Culture drives success. We believe that our strong work ethics and values are essential to providing exceptional legal services to our clients. We avoid conflict of interest and ensure full privacy. We are committed to fostering a collaborative, supportive, and diverse work environment where everyone feels empowered to excel as this leads to High employee satisfaction & engagement, Strong client relationships, Top talent recruitment & retention, and Increased profitability. Our Core Values include:
Innovation: Creative problem-solving, embracing new technologies.
Community: Pro bono work and charitable giving.
Legal research and document preparation are crucial aspects of legal practice. Can you share some insights into your approach to conducting legal research and how you ensure the accuracy and thoroughness of your legal documents?
We stay updated about legal issues by Regularly reading Supreme Court and High Court Judgments, Acts, and commentaries, attending conferences, and government notifications. Oberoi Law Chambers does not hold back on continuously investing in technology to provide the best possible service to our clients. As it benefits us with Increased efficiency and accuracy, Improved collaboration and client communication, and Valuable insights for better legal strategies. We utilize cutting-edge technology and legal research tools to enhance our services, for the following purposes:
Research & Writing
Practice Management & Collaboration
E-discovery software for streamlining electronic document review.
Client Communication & Engagement
Business intelligence software for analyzing case data and legal trends.
Given your expertise in areas such as NRI Law and Customs Law, could you shed some light on the unique challenges and complexities involved in handling cases with international dimensions? How do you navigate through these complexities effectively?
Oberoi Law Chambers, your trusted name in NRI and Customs law, delves into the labyrinthine world of international legal cases. Here’s a glimpse into the unique challenges and complexities you navigate:
Jurisdictional Maze: Imagine navigating legal systems across diverse countries, each with its own language and intricacies. Identifying the applicable jurisdiction and reconciling conflicting laws can feel like solving a complex puzzle.
Evidence Expedition: Gathering evidence from foreign lands becomes a time-consuming and expensive expedition. Unfamiliar legal procedures and securing international cooperation for evidence collection or witness testimony require diplomatic finesse.
Cultural Crossroads: Successfully navigating legal interpretations, communication, and negotiation strategies demands sensitivity to cultural nuances. Language barriers necessitate skilled interpreters to bridge communication gaps.
Enforcement Enigma: Enforcing a foreign judgment feels like solving an enigma. Different legal systems and enforcement mechanisms create hurdles, making knowledge of relevant treaties and conventions facilitating cross-border enforcement crucial.
Navigation Strategies: To conquer these challenges, Oberoi Law Chambers employs a multi-pronged approach:
Local Expertise: Partnering with experienced local counsel ensures you navigate local intricacies with ease.
International Law Savvy: Lawyers well-versed in international law and relevant treaties guide you through the legal labyrinth.
Effective Communication: Building trust and understanding through clear communication and cultural sensitivity is key.
Technological Edge: Utilizing technology tools streamlines communication, translation, and legal research, giving you an edge.
By understanding these challenges and employing these strategies, Oberoi Law Chambers continues to navigate the complexities of international cases, ensuring success for your clients.
Additionally, we are committed to sustainability and social responsibility, which is reflected in our initiatives:
Pro bono legal work: Providing legal services to those who cannot afford them, focusing on underprivileged communities and social justice issues.
Environmental sustainability: Implementing practices to minimize our environmental impact, such as reducing paper usage and promoting energy-efficient technologies.
Community outreach: Partnering with local organizations and charities to support causes that promote education, healthcare, and social welfare.
Diversity and inclusion: Creating a diverse workforce where everyone feels valued and respected, promoting equal opportunities for all.
Ethical business practices: Upholding high ethical standards in all our dealings, ensuring transparency, fairness, and responsible conduct.
With over a decade of experience in the legal field, what advice would you give to fresh law graduates who are just starting their careers? What are some key lessons you’ve learned along the way that you believe would be valuable for them to keep in mind as they embark on their own journeys in the legal profession?
We are currently working in the northern part of the company, we wish to expand while we remain a trusted partner for our clients, exceeding their expectations and helping them achieve their goals. Seek knowledge and strive for continuous learning and give back to the community to make a positive impact.
Can you share with us the journey that led you to pursue a career in law, from your undergraduate studies in Political Science to co-founding Actus Legal Associates and Advocates?
While I was doing my undergraduate studies in Political Science, I found myself increasingly drawn to the application of law and its role in shaping societies. Throughout my studies, I tried to understand the dynamics of Indian polity and the interplay of power dynamics within legal systems. This academic foundation ignited a passion for law and advocacy within me.
Upon completing my graduation, I joined Campus Law Centre (CLC, DU). During my time there, apart from my studies, I actively participated in extracurricular activities such as being part of the Placement Assistance Council, Legal Aid, Debating Society etc., to develop a well-rounded understanding of legal practice.
After obtaining my law degree and gaining valuable experience working at a law firm, I felt compelled to establish my own practice. Alongside my like-minded batchmates, I co-founded Actus Legal Associates and Advocates with the vision of providing comprehensive legal services that prioritize client advocacy, prepare strategy for the clients and maintain absolute integrity. Understanding clients’ needs, concerns, and objectives allowed me to prepare our legal strategies accordingly, fostering trust and long-term relationships.
Through continuous learning, collaboration with colleagues, and a steadfast commitment to our core values, Actus Legal Associates and Advocates has flourished into a reputable litigation firm known for its professionalism, ethical standards, and unwavering pursuit of legal excellence.
Starting your career with M/s Bhachawat and Associates, what were some key lessons you learned about law practice during those initial months?
Starting my litigating career with M/s Bhachawat and Associates was an invaluable experience that provided me with a solid foundation in law practice. During those initial months, I learned several key lessons like a deep appreciation for the importance to the minute details of a case, conducting legal and preparing for the client meetings, that have greatly shaped my approach to legal work. This taught me the importance of thoroughness and precision in all aspects of my work.
More importantly, I learned the significance of ethical integrity in the practice of law. This foundational lesson continues to guide my decision-making and actions as a legal professional.
Overall, my brief tenure at M/s Bhachawat and Associates provided me with invaluable lessons that have profoundly influenced my approach to law practice. I am grateful for the opportunity to have learned from seasoned lawyers and am committed to applying these lessons to deliver exceptional service to my clients.
As a founding partner at Actus Legal, you handle a diverse range of cases, including civil, commercial, and family matters. How do you manage to navigate through such varied areas of law effectively?
As a founding partner at Actus Legal, navigating through diverse areas of law is both challenging and rewarding. Our firm’s commitment to excellence and client satisfaction drives us to ensure that we provide comprehensive legal services across a broad spectrum of practice areas.
One of the key strategies I employ to effectively manage this diversity is ongoing education and professional development. Staying updated of the latest legal developments and precedents allows me to maintain a solid understanding of various areas of law. This continuous learning process enables me to confidently navigate through different legal landscapes and provide informed advice to our clients.
Furthermore, collaboration plays a vital role in our approach. Actus Legal fosters a culture of teamwork and knowledge sharing among partners and associates. Leveraging the diverse expertise within our firm, we regularly engage in case discussions, brainstorming sessions, and peer reviews to collectively address complex legal issues and ensure that our clients receive the highest quality representation.
Additionally, effective time management and prioritisation are essential when handling a diverse caseload. By carefully allocating resources and delegating tasks where appropriate, we optimise efficiency and productivity while maintaining a high standard of service delivery.
Lastly, maintaining open lines of communication with our clients is paramount. By fostering strong client relationships built on trust and transparency, we can effectively navigate through diverse areas of law while delivering optimal outcomes for our clients.
In essence, managing a diverse range of cases at Actus Legal requires a combination of continuous learning, collaboration, efficient resource allocation, and client-centric approach. By embracing these principles, we ensure that we remain attentive and effective in addressing the various legal needs of our clients.
Being empaneled with various government sectors and PSUs, such as the Sports Authority of India and NBCC (India) Ltd., what unique challenges and opportunities does such clients bring?
Representing government sectors and Public Sector Undertakings (PSUs) presents a distinct set of challenges and opportunities that shape our legal practice in significant ways.
It may be noted that government sectors operate within a highly scrutinized environment, where decisions and actions are subject to public scrutiny and accountability. As their legal representatives, we must address these sensitivities with care, ensuring transparency and integrity in all our dealings.
Furthermore, being empaneled with prestigious government organizations enhances our firm’s credibility and reputation within the legal community. It signifies our capability to handle complex matters and demonstrates our commitment to excellence in legal service delivery.
In conclusion, representing government sectors and PSUs brings both challenges and opportunities that enrich our legal practice. By leveraging our expertise, fostering collaboration, and maintaining a client-centric approach, we strive to navigate these complexities effectively while delivering impactful outcomes for our esteemed government clients.
Could you tell us about your experience as a court/local commissioner and receiver, and how those roles have enriched your legal practice?
Absolutely, serving as a court/local commissioner and receiver has been an immensely enriching experience that has deepened my understanding of the legal system and broadened my skill set as a legal professional.
In these roles, I have had the privilege of being entrusted by the various Hon’ble courts with the responsibility to act as an impartial officer in various legal matters, ranging from property disputes to a violation of IP rights and family law cases. As a local/court commissioner, I have conducted hearings, wherein evidence of witnesses was recorded, ensuring that evidence is recorded in proper & transparent manner in accordance with the law.
Moreover, serving as a court commissioner and receiver has underscored the importance of integrity, impartiality, and diligence in the practice of law. Upholding these principles is essential to maintaining the trust and confidence of the court, parties involved, and the broader legal community.
The position of Court/Local Commissioner has also afforded me the chance to delve into the intricate techniques of cross-examining witnesses. When it comes to conducting a cross-examination, thorough preparation extends beyond simply being well-versed in the case. It necessitates an understanding of the witness’s temperament, their areas of vulnerability and strength, their connection to the case’s facts, and perhaps most crucially, what questions to avoid during cross-examination.
With over a decade of practice, you’ve argued numerous cases before various courts. Can you share with us a particularly memorable case or achievement in your career so far?
Certainly, throughout my years of legal practice, numerous cases have left a profound impact on me both personally and professionally. Singling out a specific case would not be prudent. However, I consistently find that each case possesses its own distinct significance and influence on the individuals involved. From the moment a client engages me, I endeavor to craft the best legal strategy, dedicating myself to formulating it from the outset till the final arguments.
I perceive two pivotal stages in any case: firstly, during the drafting of pleadings, and secondly, when leading evidence. Cross-examination of a witness fascinates me the most! It presents a challenge to extract answers that the witness did not intend to give and likely never anticipated facing during their testimony in court.
The majority of cases I’ve handled have resulted in favorable outcomes, often due to witnesses either contradicting their positions or providing responses beyond what was initially pleaded. Every judgment represents a significant milestone in my career. I draw continuous inspiration from the challenges and opportunities presented by each new case, remaining steadfast in my commitment to delivering exceptional legal representation to my clients in every instance.
How do you think the recent technological developments have affected the legal field in general and your practice in particular?
The recent technological developments have brought opportunities as well as challenges for the courts, lawyers as well as clients. The government success of the digital India initiative for various beneficial policies initiated and implemented by it, has also necessitated the acceptance of overall technological development in the legal professions. Some of the major changes and improvements are as follows: –
i. E-Filing and Court Proceedings: The introduction of e-filing systems in Indian courts has digitized various legal procedures, including filing of petitions, pleadings, and other documents. These developments have made legal proceedings more accessible, convenient, and cost-effective, benefiting both lawyers and clients.
ii. Legal Research: Technology has revolutionized legal research by providing access to vast databases of case law, statutes, and legal commentary. Online legal research platforms such as Manupatra, SCC Online, etc., allow lawyers to find relevant precedents and statutes efficiently. This has enhanced the quality and speed of legal analysis in my practice as well.
iii. Virtual Court proceedings: With the onset of the COVID-19 pandemic, virtual court proceedings became prevalent in India and it is being appreciated by all concerned with the legal issues. With the virtual hearings, it is possible to appear before any Court or the Tribunal within or outside India while sitting in your own office in Delhi. This shift towards remote hearings has improved access to justice by reducing the need for physical presence in courtrooms, saving time and costs for both lawyers and clients.
iv. Rise of Legal tech Startups: – The rise of LegalTech startups in India such as Law Sikho has led to the development of innovative solutions for legal practice management, document automation, contract review, and more. These tools help lawyers improve productivity and deliver better services to clients.
v. Access to legal Information: – Technology has made legal information more accessible to the general public. Online databases such as the introduction of E-Court Services and digitized court records allow lawyers and individuals to access a vast amount of legal information easily.
In fact, in our firm’s practice, the aforementioned technological developments have had a profound impact. Our Firm has embraced digital tools for legal research, case management, and communication with clients. Virtual court proceedings have allowed all of us to represent clients in distant jurisdictions without the need for extensive travel.
You’ve been active in writing articles and sharing legal insights through your YouTube channel, “Legal With Rajnish.” How do you see these platforms contributing to legal education and public understanding of the law?
Thank you for highlighting my involvement in writing articles and maintaining the ‘Legal With Rajnish’ YouTube channel. These platforms serve as invaluable tools for legal education and public understanding of the law in several significant ways.
First and foremost, writing articles and creating content for platforms like YouTube allows anyone to address commonly known complex legal concepts and developments into accessible and digestible formats. By explaining key principles in plain language, I aim to demystify the law and make it more comprehensible to a broader audience.
Overall, I believe that writing articles and producing content for platforms like YouTube play a crucial role in promoting legal understanding, fostering public awareness, and advancing the rule of law.
At the same, I equally regret to my readers and viewers that I am unable to give sufficient time for writing articles as well as for my You tube channel because of my engagement with the court cases and I am intending to do course correction soon.
Finally, what advice would you offer to recent law graduates as they embark on their legal careers, based on your own experiences and successes in the field?
As recent law graduates embark on their legal careers, I offer the following advice based on my own experiences and successes in the field:
a.Learning is a continuous process: The legal profession is constantly evolving, and it’s essential to stay updated on changes in laws, regulations, and precedents. Commit yourself to lifelong learning by attending seminars, workshops, and continuing legal education programs to deepen your knowledge and expand your expertise.
b.Appreciate mentorship: Seek guidance from experienced lawyers who can offer valuable insights, advice, and mentorship as you advance in your legal career.
c.Work on your communication skills: Effective and logical communication is crucial in the legal profession. Practice clear and concise drafting skills, develop strong oral advocacy skills, and cultivate the ability to communicate complex legal concepts in a manner that is understandable to clients and learned judges.
d.Respect integrity and professionalism: Uphold the highest ethical standards in all your interactions and endeavors. Integrity and professionalism are the cornerstones of a successful legal career and essential for earning the trust and respect of clients, peers, and the judiciary.
e.Be proactive and adaptable: Take initiative in seeking out opportunities to gain practical experience, whether through internships, pro bono work, or extracurricular activities. Be open to new challenges and opportunities, and adapt to changes in the legal landscape with flexibility and resilience.
f.Have a strong work ethic: Success in the legal profession requires hard work, dedication, and perseverance. Develop a strong work ethic characterized by diligence, attention to detail, and a commitment to delivering excellence in all your cases.
g.Build relationships and networks: Invest time in building relationships with colleagues, clients, and other professionals within the legal community. Networking can open doors to referrals, and collaborations, so prioritize cultivating meaningful connections throughout your career.
h.Maintain a healthy work-life balance: It is easier said than done but do not neglect your personal well-being. Strive to maintain a healthy work-life balance by prioritizing self-care, setting boundaries, and making time for hobbies, interests, and relationships outside of work.
By following the aforementioned points and embracing the challenges and opportunities that come one’s way, one can embark on a fulfilling and successful legal career that makes a positive impact on the lives of others and contributes to the advancement of justice and the rule of law.
Sir, could you please share with us a bit about your journey into the field of international commercial arbitration and litigation? What initially drew you to this area of law?
I did my two year training contract between 1991-1993 at the London office of a law firm then called Denton Hall Burgin & Warrens, and, as was customary, did 4 seats each of 6 months duration. My seat in the dispute resolution group led by a partner called Bob Goldspink opened my eyes to the world of international commercial arbitration and litigation. Although Bob is now long retired, he was a great mentor to me and remains one of the biggest influences in my career. Bob made the practice area fun and dynamic, and I thoroughly enjoyed the challenge of solving commercial problems through the analysis of the facts and application of the law, the close interaction with clients, the global nature of the disputes, considering the best strategies to adopt and thinking about how our opponents might act. When I qualified as a solicitor in 1993, I became an associate in Bob’s team and continued to learn from him through working on a broad mix of arbitrations and litigations. He also gave me a lot of responsibility and independence from the outset.
You’ve had an extensive career with Reed Smith, including serving on the global board and executive committee. Can you highlight a few key milestones or cases that have been particularly significant in shaping your career?
My time at Denton Hall Burgin & Warrens from 1991-1997 will always be special as that was the first law firm I worked at and we should never forget where we all started. Apart from Bob Goldspink, I shall always be indebted to two other partners there; Virginia Glastonbury, who interviewed me for a training contract in 1989 and believed in me, and Bill Anderson, another disputes partner, who taught me how to really think through issues.
Shortly after I joined Reed Smith in 1997, I became the lead associate on a major litigation acting for the BBC in defending the arrangements it had entered into with the Premier League to acquire the exclusive rights to broadcast highlights of English Premier League football matches on its flagship Match of the Day programme. The BBC was ultimately successful in that litigation following a trial in 1999. Not only was that a fascinating and high profile case to work on, but it also enabled me to work very closely with Sarah Jones, then the BBC’s head of litigation, and who for many years now has been the BBC’s General Counsel. Sarah is both a formidable lawyer and wonderful person, and remains one of my very best friends in the law. Since that Premier League football case, I have been very fortunate to advise the BBC and its group entities on many significant matters, right through to the present day.
In the course of my now almost 27 years at Reed Smith, I have also been very fortunate to have worked with many colleagues on arbitrations and litigations involving clients and disputes all round the globe including India, Africa, the US, the Middle East, Singapore and SouthEast Asia, Mongolia, Kazakhstan and South America, amongst others. Those matters have all been great learning experiences, and have involved a wide range of industry and business sectors. The ability to work with clients and lawyers in those jurisdictions has been a real privilege as has being able to travel to so many countries as part of those cases. I genuinely did not think that I would visit so many countries when I was growing up in London. It has also been uplifting to see several lawyers who have worked with me on those cases achieve promotion at Reed Smith; a number are now my partners and a number have moved to prominent in-house roles. The success of each of my mentees has been a key milestone.
I shall always be thankful for being made a partner at Reed Smith in 2000, being asked to serve as the founding managing partner of Reed Smith’s Singapore office and being based in Singapore from 2012-2015, and for being a member of Reed Smith’s global board, its Executive Committee, from 2017-2023.
Looking at the list of representative matters, you’ve represented clients in a wide range of industries and jurisdictions. How do you navigate the unique challenges presented by different sectors and legal systems?
The variety is stimulating and, as every case is different, each is always a great learning experience. There is inevitably a core skill set which all disputes lawyers need to have, but being able to adapt, take things in stages, and think flexibly is important. There is also never a monopoly on wisdom, and everyone on the case team has an essential and valuable role to play. Working in a wide range of industries has given my colleagues and I the ability to interact closely with a broad spectrum of clients and form several long-lasting relationships. Almost invariably the external legal team and the client team become a seamless unit, looking out for each other and working towards common goals. Working on matters involving lawyers in other jurisdictions, apart from my home jurisdiction of England and Wales, is a fabulous way to expand our minds and to think even more broadly. When you also throw expert witnesses into the mix, that adds to things even further. We all learn a lot from each other, work symbiotically and continually appreciate that there are different ways to approach issues. That sums up what it means to be involved in international litigations and arbitrations.
How has your experience as an educator informed your approach to complex legal matters, and do you see any intersections between teaching and practicing law?
A phrase I read many years ago is that the legal profession graces lawyers, and lawyers do not grace the legal profession. It is therefore important to give back and to share knowledge, experience and expertise. I have always enjoyed giving talks on legal topics, speaking at conferences, teaching occasional classes, writing articles and contributing to legal publications. None of us stops learning. The law is dynamic and constantly evolving, and being as up-to-date as possible is essential. Being close to the core legal principles, practical developments, different viewpoints from commentators and possible areas for reform are essential to make the most of practising the law. Clients also expect us to not only have excellent judgment but to always be on top of legal learning, and so there is no substitute for that.
Balancing responsibilities as a former managing partner of Reed Smith’s Singapore office and chair of the India Business Team must have been challenging. How do you balance leadership roles with your legal practice?
With the support of incredible colleagues. Doing what we do is all about teamwork and supporting each other. It is rightly expected that senior lawyers should give back to their firms in a tangible and meaningful way through leadership roles, but no one can do everything. I am very fortunate to have so many amazing colleagues with whom I have worked closely over the years, and with whom I continue to work, who have enabled me to do what I do.
You’ve received numerous honors and awards, including being ranked in Chambers UK and listed as a ‘Leading Individual’ in The Legal 500. How do such recognitions impact your approach to your work, if at all?
Any recognitions are of course hugely appreciated but they truly primarily reflect on my colleagues with whom I work. It is also a broad team – my executive assistant, paralegals, trainee solicitors, associates, of counsel, and other partners. As a mentor, the objective should not be to have my mentees equal me but instead for them to surpass me.
Coming towards the end of this conversation, what advice would you give to law students or fresh graduates who are considering a career in international commercial arbitration and litigation?
Do it. Go for it. International commercial arbitration and litigation is an incredible practice area. Working on the resolution of major global disputes and advising clients, be it through arbitration, litigation or mediation or other types of proceedings, in a mix of industry sectors, will stimulate, challenge and test you, but it will in equal measure bring great satisfaction, sharpen your legal skill set and continuously broaden your learning.
Can you walk us through your journey from starting as an Assistant Manager, Legal at Jindal Steel and Power Ltd. to becoming a Partner at Sagus Legal? What were some pivotal moments that shaped your career path?
Allow me to capture my professional journey so far as succinctly as possible (don’t want to bore the readers). I am from the first B.A LLB batch of Jindal Global Law School which graduated in 2014. During the placement cycle I ended up getting an offer from JSPL and a lucrative one for that matter. At JSPL, I majorly worked on the corporate side along with handling a few electricity generation related matters.
After this initial phase of 2 years, I transitioned to a law firm, marking a pivotal juncture in my career trajectory. Embracing the dynamic environment of firm practice, I embarked upon a journey characterized by specialization yet having experience of diverse work, client engagement, and the relentless pursuit of delivering desired results to the clients. Over the subsequent 7 years, I immersed myself into having a core specialization along with having experience in diverse practice areas, honing my expertise and assuming progressively substantive roles within the firms I was part of, which eventually led to me becoming a Partner in Sagus Legal last year. However, I sincerely believe that ‘Partner’ is a designation outlining my roles/responsibilities and nothing more than that. My career graph as a professional has only begun and hopefully, I am able to contribute much more.
You’ve had experience working both in-house and in law firms. How did these different environments influence your approach to practicing law and the type of work you pursued?
Working in-house versus at a law firm is like comparing apples and oranges – they’re both fruits, but they have their own unique flavours. When I was in-house, the role demanded both managerial and legal acumen. I worked closely with folks from different departments, understanding their needs, and figuring out how legal could support them. It was like being the legal quarterback, always strategizing to keep the company moving forward while avoiding legal pitfalls.
Whereas in law firms, one needs to have a much more holistic understanding of law. You strive to become the go-to person for that slice of legal expertise, whether it’s corporate law, litigation, or something else entirely. It’s intense, with tight deadlines and high stakes, but it hones your skills like nothing else and it’s also incredibly rewarding to see your expertise in action. Plus, there’s a strong emphasis on client service. You’re not just a lawyer; you’re a trusted advisor, making sure your clients feel supported every step of the way.
Overall, both experiences have shaped me into a more versatile and adaptable lawyer. But if a fresher is inclined to go in-house straight after law school, I would suggest that she or he should first spend a few years in law firms or a chamber of some experienced lawyer. That ways’ you will be able to contribute much more as an in-house lawyer.
Could you share some highlights or memorable cases from your time representing major corporate houses?
In the past few years, I have had the privilege of doing matters which are of sectoral importance. The most recent one would be the Judgment passed by Appellate Tribunal for Electricity where I was representing Distribution Companies of State of Odisha in one of the appeals in the batch. I won’t get into technicalities but to give a brief, in this matter Indian Railways was seeking status of Deemed Distribution Licensee status, and the Distribution Companies were opposing the same as that would be against the framework of the parent statute governing the electricity sector i.e. The Electricity Act, 2003. APTEL dismissed the appeals and did not allow the status being sought by Indian Railways. The Judgment has a nationwide impact as in case APTEL would have granted the status of Deemed Distribution Licensee to Indian Railways, there would have been a consequential impact on energy charges being paid by all the other set of consumers across India.
You’ve been recognized for your work in handling complex projects and energy disputes across various forums. Can you share some insights into the strategies you employ when dealing with such high-stakes matters?
In handling complex projects and energy disputes across various forums, my approach is rooted in thorough preparation, strategic planning, and effective communication. Before delving into any matter, I ascertain the client’s goals and objectives, as much as possible. This enables me to develop a tailored strategy aligned with their desired outcomes and anticipate potential challenges. Throughout the process, I maintain open lines of communication with clients, keeping them informed of progress, developments, and potential risks or opportunities. Collaboration is also key, as I leverage the expertise of colleagues to address complex legal issues from multiple perspectives. Flexibility and adaptability are also important aspects, allowing me to navigate evolving challenges. By employing these strategies, I strive to achieve the best possible outcomes for my clients while mitigating risks and maximizing opportunities in high-stakes matters.
What has been the most rewarding aspect of your career thus far, and what motivates you to continue practicing law in your areas of expertise?
The most rewarding aspect of my career journey so far has been the evolution from uncertainty to clarity. While I may not have initially been clear about my career trajectory, the process of exploration and self-discovery has been immensely rewarding. As I’ve gained experience, honed my skills, and discovered my areas of expertise, I’ve found a sense of fulfillment in my work that I may not have anticipated earlier in my career.
Finally, what advice would you give to recent law graduates aspiring to make a mark in the field of energy law or law in general, based on your experiences and journey?
Law as a profession is very dynamic and engaging. It demands a lot out of you but rewards you with constant intellectual stimulation and knowing that your work has a meaningful impact is incredibly fulfilling. There is no straight jacket formula for making a mark though one necessarily has to keep at it, day in and day out. Experimenting in early years of a career is fine but frequent jumping of ships doesn’t really help in the long run. The journey of a lawyer is a long one. Don’t rush into things. At times things will work in your favour, at times it won’t but in the end, you will end up learning something out of the entire process. I would like to conclude by quoting the famous statement of Justice Joseph Story “The law is a jealous mistress and requires long and constant courtship. It is not to be won by trifling favors, but by lavish homage.”
Can you share with us what inspired you to pursue a career in law, particularly in the field of dispute resolution and arbitration?
Funnily enough, I would have to say that my entry into the law school and eventually into the legal profession was not all planned and happened by accident. I was initially a Zoology (Hons.) student at North Campus, Delhi University, where through the internet, peers, and friends, I found out about the various national law schools in India. I was instantly intrigued; decided to leave zoology behind; and apply to law schools. It was at NLIU Bhopal, that I realised the emancipatory potential of law; my inclination and ability towards analytical thinking and its capability of a positive impact on society and human civilization at large. Further, during the 5 years I spent at Bhopal as well as the various internships I completed during that period, I realised and accordingly decided that dispute resolution would be the practice area for me.
I started my journey as a lawyer in 2011, upon graduating from NLIU, Bhopal and joining the disputes practice of Amarchand & Mangaldas & Suresh A. Shroff & Co. (AMSS), at its Mumbai Office. I thereafter shifted my base to Delhi in 2016, and presently, I am a Partner at Cyril Amarchand Mangaldas, at its Delhi, NCR Office.
Now, 13 years later, I am a qualified Advocate-on-Record and endeavouring to build and develop a practice in advising and representing both Indian and foreign clients in a diverse spectrum of areas under the disputes and arbitration umbrella.
You have a specialization in various areas such as complex, civil and commercial disputes; contractual disputes; securities laws; white-collar crimes; and environmental matters. What drew you or motivated you to pursue such diverse practice areas within dispute resolution?
The preference for a super specialised practice versus a more general one, of course, differs from practitioner to practitioner. However, for me, personally, having a more holistic and well-rounded practice and knowledge in the age of specialisation, is definitely an important arrow in my quiver. I would credit my early curiosity to learn and explore more than one area of a law, as well as the various opportunities which my firm has provided me – as equipping me to effectively advise and represent clients in a diverse variety of matters.
As a gold-medalist graduate from NLIU, Bhopal, what pivotal moments during your education shaped your interest in dispute resolution and arbitration?
Numerous peers, professors and mentors and my experiences have shaped the interest I have and which I continue to learn on a daily basis in dispute resolution and arbitration. I would have to give due credit to my colleagues at my firm, college seniors, who were already placed in various law firms and who regularly advised me on various aspects of practice; my professors, who were instrumental in developing my keen interest in disputes; the various internships and clinical courses I completed which helped create a sound foundation of procedural and substantive law and of course, the people around, who constantly reinforced my desire and determination to use my legal knowledge to help people, create a more aware surrounding, and whatever I can contribute towards building a just world, the best I can.
Could you discuss some of the key matters you’ve worked on, such as advising and representing premier associations, international publications, and major infrastructure projects? How have these experiences influenced your approach to dispute resolution?
During my time at Cyril Amarchand Mangaldas, I have been fortunate enough to work on a variety of high profile and very interesting matters. Whilst it may not be advisable to get into specifics, I have advised big conglomerates, reputed developers and builders, cricket bodies, tech companies etc. I have recently advised and represented a premier association of private sugar mills, on inter alia challenging the implementation of a state policy by way of writ proceedings instituted before the High Court of Allahabad. I have also advised and represented a highly reputed international magazine and multi-platform publication, in a civil defamation suit in Delhi; a major tea estate before the Madras High Court as well as the Supreme Court of India; a leading steel plant in various critical matters before the National Green Tribunal, Principal Bench; as well as the court appointed Administrator of a club/association before the Supreme Court, High Court, NCLAT and NCLT – amongst many other varied cases.
These matters, like all my others, greatly influence my approach to dispute resolution. They reinforce what I believe is a prerequisite to any matter being effectively handled – first, very frankly evaluating the needs and requirements of my client in a solution-oriented approach, and then dynamically exploring the strengths and weaknesses of their case, i.e., whether they would benefit from alternate dispute resolution methods, if at all, etc. I have found that this enables me to best, realistically advise my clients and have their expectations managed from the get-go. In my view, it is very important to have a long-term vision and to have a solution based and practical approach.
As an Advocate-on-Record, Supreme Court of India, what unique challenges and opportunities do you encounter while representing clients in the highest court of the country?
I believe an AOR has to be cognisant of the immense responsibility that accompanies its title. Having the right to file pleadings before the Hon’ble Supreme Court of India, an AOR is an integral connecting tissue between the aggrieved party, the arguing counsel and the highest court of the land. Almost on a fortnightly basis, one hears of directives and observations passed by the SC that an AOR cannot merely be a signing authority and file meritless or frivolous petitions. Thus, being an AOR is a balancing act between the needs of the client and the responsibility towards the court, which must be exercised responsibly. It is in fact a privilege.
In your opinion, what are some of the critical skills and qualities necessary for a successful career in dispute resolution and arbitration, especially when handling complex cases involving multiple jurisdictions and legal nuances?
Good question. In my opinion, the first critical quality that is necessary for a successful career as a dispute resolution practitioner is hard-work, hard-work, and hard-work! It is also imperative that no matter how many years of practice have gone by, as a lawyer, one must stay abreast of developments in the legal arena and open to new and challenging ideas. This will greatly facilitate one’s capability to strategize and effectively advise the client. It is also important that one is aware of the changing needs and aspirations of the people of India, the corporate world and the nation as a whole – it will only help in molding one into a lawyer for today and for tomorrow. It is of course also important to have basic ideas about other jurisdictions and build good and reliable contacts with lawyers and experts in varied jurisdictions. The ability to learn fast and on the go is also very critical.
Always remember that dedicated hard-work, perseverance, and good relationships will never steer you astray!
Lastly, what advice would you offer to recent law graduates aspiring to excel in the field of dispute resolution and arbitration, based on your years of experience and expertise?
Borrowing, from what I have said above, broadly I would like to synthesise my advice to law students/recent graduates as follows:
Sustained hard work and regular reading are your most powerful allies, whether you are a fresh entrant into the practice or a seasoned veteran. It is important to carve out the time to stay updated, accordingly.
Stay in touch with your alumni; your mentors; and your peers and seniors at your internships – those who are already practising and take ‘on ground’ practical advice from them.
Further, do not dismiss procedural aspects or courses to the peripheries of your studies. Knowing the ins and outs of CPC is just as important as Constitutional Law or Contracts Law, if not more. Having sound procedural knowledge is vital and will provide for an excellent base/first principles knowledge, when practicing.
Your journey from Meerut to becoming an Advocate On Record at the Supreme Court is quite inspiring. Could you share some pivotal moments or challenges you faced during your early years in Delhi, and how you overcame them to establish your practice?
Once you step out of your comfort zone every first thing seems to have its own challenges. However, on the professional front I can say that I decided to take the plunge to the Capital with dreams and hope to make it big, in spite of not having any significant father figure in the field of law. Initially the first question which was required to be answered was from where to start as there was hardly anyone to suggest or guide what are the choices one could make while entering the profession. I made my choice and started with litigation as I had attained little experience while being associated with the chambers of Mr. Ravi Shanker Tyagi for a very brief period in Meerut Bar which was initially very helpful as Courts in Delhi are much more refined in terms of infrastructurally and in other avenues as well.
Your journey as a first-generation lawyer is truly commendable. What were the key principles or values that guided you in your career, especially during the initial stages when the path might have been more challenging?
Yes, being a first generation lawyer is a very difficult choice to make especially when you are in litigation. But all that I can say is don’t ever lose hope, be patient and focus on your work, as there are no shortcuts in this profession, the only way you can accelerate is through your abilities to make hard choices and by burning midnight oil.
Becoming an Advocate On Record involves rigorous training and experience. How was your time with Retd. Justice S.R. Singh shaped your understanding of the legal field, and what key lessons did you carry into your independent practice?
I was fortunate enough to join the Chambers of Retd. Justice S.R Singh ( Retd. Judge from Allahabad High Court) Sr. Advocate in the year 2009. After working with Mr. Singh for almost two years and having gained opulent experience by understanding the nuances and intricacies of legal field along with drafting, filling and everything that the field entails.
One judicious adage told to me by my very veteran Senior was that “ Vakalat is your first wife” if you want to do justice to your profession and I have ever since imbibed this in my practice till date and I am always grateful to all my seniors and colleagues from the chamber and outside the chamber for always guiding me in the profession.
As Ex. Additional Advocate General for the State of H.P., you’ve handled significant cases. Can you share an experience where your role had a meaningful impact on the state’s legal representation, and what insights did you gain from that experience?
It was a very enriching journey while discharging my duties as AAG for state government before the Hon’ble Supreme Court as such opportunities help you bring the best out of you. As while holding such an esteemed office one has to be very candid with all the briefs while representing the State before the Court.
Handling cases involving state entities like the Himachal Road Transport Corporation (HRTC) requires a nuanced understanding of administrative and constitutional law. Could you elaborate on the challenges faced and strategies employed in representing HRTC in various legal matters?
It is always challenging to represent Road Corporation before the Hon’ble Courts as the mostly the matters pertaining to the Corporation is of higher monitory significance be it MACT matters or service matters. What I can say from experience is that you are required to be more updated with the law and recent judgments so that you can provide better assistance to the Hon’ble Court.
Handling criminal matters requires a different set of skills. Can you share an experience from a criminal case you’ve worked on, discussing the complexities involved and the strategies adopted for a successful outcome?
Through my experience in handling criminal matters I must say one should have a very fair understanding of criminal jurisprudence as most of the criminal matters involve personal liberty which is of utmost importance. During my time at bar I have done several criminal trials, appeals but what always challenges me is the stage of cross examination as in my view Cross examination in any criminal matter is the heart and soul of the Trial.
Apart from your legal pursuits, do you have any personal hobbies or interests that you find to be a great source of relaxation or inspiration?
I can say visiting places and spending time with family and friends keeps me motivated other than work.
Coming from a small town like Meerut and making a mark in the legal profession in Delhi is undoubtedly a significant achievement. Could you share some extra efforts or unique strategies you employed in your journey to overcome any perceived challenges or biases associated with being from a smaller town?
Once you make your mark , and in this industry that is possible only when you garner some accomplishments in your name. The bias associated with a small town only remains so long as you let it affect your mental make up. If you are determined enough, the tag of coming from a small town and making it big in the capital only adds to your reputation , which at the same time works as an inspiration for people coming from the same background, and are hesitant in pursuing their goals. My only advice to the budding generation of lawyers is to fight your demons and always be hopeful and take each day as it comes. The road to success may seem endearing but it sure is fruitful at the end.
You emphasize the importance of hard work and dedication in your career. What advice would you give to the current generation of aspiring lawyers to navigate the challenges of the legal profession and build a successful practice?
I can vouch for the fact that hard work is the key “what you are seeking is seeking you”. I make my juniors understand that to be candid with clients and accurate in analysis and strict in study, you will achieve whatever you aim for as there are no shortcuts in this profession.
Having experienced both your own student journey and now interacting with the current generation, what notable differences do you observe in the approach and mindset of today’s law students compared to your time? Are there specific areas where you believe current students could focus on improvement to excel in the legal profession?
The major shift that I witnessed in the mindset of the students in comparison to when I was one, is the availability of resources and better infrastructure that can help them achieve their goals with a lot of help which is easily available, of which there was a dearth during our college days. Accessibility and availability are the major factors that determine the early years in one’s legal career as initially apart from all the teachings done at college level, the practical learning is also very vital if you wish to stay in this field.
Can you share insights into your journey from college to becoming the Founder and Partner at KIAA, LLP? What were the pivotal moments or experiences that shaped your decision to establish your own firm?
Like every law student, I too have had my share of carefree days in college but as I progressed into senior years, the zeal of doing something started to kick in. In the early year of 2011, after the completion of our law degrees, the members of KIAA LLP (as they are today) found themselves taking divergent paths in the legal profession. Some ventured into roles as in-house counsels for corporations, while others worked with seniors in the field, gaining valuable exposure and experience. However, as we navigated our journeys, it became evident that establishing one’s presence in the legal field required more than just exposure. While working with seasoned professionals sure helped us create a space for our own in the industry, the opportunities that we had created for ourselves in that space needed to be tapped in time.
Realizing this, I engaged in discussions with like-minded colleagues, Ankur and Chayan, who shared similar perspectives on the importance of creating a niche for ourselves in the legal arena.
Fortuitously, our discussions culminated in a collective decision to join forces and establish KIAA LLP in early 2012. This marked the inception of our law firm, where we aimed not only to leverage our individual experiences but also to pool our strengths and work collaboratively. The firm was founded on the belief that client satisfaction using correct knowledge, providing the right information, and ensuring accessibility of service to our clients even if located in the remotest part of the country. Hence, that got us a name for our perspective, KIAA LLP- Knowledge Information Access Associates Limited Liability Partnership.
Given your involvement in pro bono services for organizations like Malala Funds and Trust Law, how do you balance commercial legal work with contributing to social causes?
So, it’s not about balancing at all. It’s about aligning your principles of life with your work, and what is a man without principles?
I was born and raised in a Sikh Family with the teachings of the Gurus. I want to take this opportunity to refer to a verse from Shri Guru Granth Sahib Ji which has immortalized words of Guru Nanak Dev Ji – “One who works for what he eats, and gives some of what he has in charity, O Nanak, he knows the path to fulfilment.” Taking inspiration from which, we have always been inculcated with a habit of doing ‘Sewa’ which can be either through ਮਨ, ਧਨ (tan (physical service), man (mental/emotional service), or dhan (financial support)).
My intention of working for social causes has always been that of giving something back to society in terms of my time and efforts. So, I utilise my knowledge and expertise to earn my livelihood through commercial matters, and I consider myself privileged to be able to utilise some of it for a social cause.
KIAA, LLP has received numerous awards and recognitions. What do you attribute the success of the firm to, and what sets it apart in the legal landscape?
I attribute the success of the firm to my team- my co-founders, associates and every other member of our staff who do not hesitate to work around the clock if need be. It is also about the work culture at KIAA LLP that we have all built through the years. I have always said that we measure our success not by trophies, awards or cheques but by ‘Client Satisfaction’. I think, our ‘Client First’ attitude is our USP!
You’re a member of various legal associations and clubs. How has being part of these networks enriched your professional life and influenced your perspectives on law?
To be very honest, networking is very important in our profession and being part of the legal associations and clubs is a great way to socialise and build a meaningful network. I have benefited greatly from it, not only because I met many of my prospective clients through these clubs but I met people from various walks of life including law, seniors & juniors having different experiences.
These kinds of experiences widen your horizons as a lawyer. The job of the lawyer is to understand the perspective of his client, and the Court both. We all know how dynamic and subjective human nature is. Being a part of these clubs helps you enhance the emotional quotient- the greatest asset of our profession!
You’ve served as the Central Government Counsel at the Delhi High Court. Could you shed some light on your role during that time and share any experiences or cases that left a lasting impact on your professional journey?
Certainly! I was pleased to be appointed as Government Pleader in the year 2012, and I remained on the list of empanelled lawyers with the Central Government Litigation branch at the Delhi High Court until 2017-18.
This six-year period was most significant in shaping my professional journey. It exposed me to the intricacies of handling multi-faceted and high-stakes government matters.
One of the distinctive aspects of appearing on behalf of the government is the sense of responsibility and accountability because your actions and advice can have a direct impact on the general public. It goes beyond individual client representation, as you are entrusted with safeguarding the interests of the larger public and the government as a whole. That’s the combination of power & responsibility that a government counsel bears on his head.
A set of experiences that seemed cumbersome to my 10-year younger self but had the most impact on my professional journey was the manual filing process prevalent at the time. Unlike today’s E-filing systems, we used to stand in queues before filing counters with strict deadlines to meet. This hands-on experience taught me the importance of time management, meticulous preparation, and adherence to court procedures.
Now, the agility and clarity with which a court case needs to be handled comes as a second nature to me. I guess, now I truly understand the meaning of this phrase “The more you sweat in peace, the less you bleed in war.”
Can you tell us a bit about the talented team at KIAA, LLP? How do you nurture and support your team members, and can you give us an idea of the size of your team or the number of interns involved in the firm’s operations?
First things first, I think every person at KIAA, LLP knows their job well and my co-founders & I give our Associates a free hand to conduct the matters. Of course, we discuss each proposition together and work on possible solutions but flexibility is the key.
We believe people can work better if they are not micromanaged. We allow them to work freely while standing strong and tall as their support should the need arise. We are a happy, hardworking and fun-loving bunch of about 15-17 people including our clerical staff.
You’ve expanded KIAA, LLP into a multi-service law firm. What inspired this diversification, how do you ensure the team provides practical legal solutions to clients?
I’d rather say, WE have expanded KIAA, LLP into a multi-service law firm. Naturally, when we started the firm, we were a boutique firm working only on the matters that our clients got to us. Over time we realised that most of our clients (largely business & commercial houses) face similar problems, and we thought why not have an end-to-end solution for all these problems starting from compliance to representation in appropriate forums?
That’s how we undertook expansion and diversification. Just as Rome wasn’t built in a day, we also took our time, took one department, one specialisation at a time. Categorised various departments and hired associates having specialised knowledge in that department. KIAA, LLP as you see today is years of hard work, late nights, early mornings, sweat & blood.
We have only one mantra of providing legal solutions to our clients- WE PUT OUR BEST PERSON ON THE JOB!
In addition to your legal expertise, you’ve delved into blockchain and cryptocurrency, as seen in your certification from Berkeley Law. How do you see emerging technologies influencing the legal landscape, and how is KIAA, LLP adapting to these changes?
Well, the emerging technologies can influence the legal landscape in many ways or they have already started influencing the system, I’d rather say. With Smart Contracts, Live Streaming of court hearings, E-Filings, E-tokens etc. It would come as no surprise when there will be an official cryptocurrency being used as legal tender! Maybe there will be dedicated law firms for Crypto Law Practice in the future, who knows!? The possibilities are endless!
We are talking about two things that are highly dynamic- Law & Tech! An impact on one industry will definitely impact the other.
Outside of your busy legal career, can you share a personal interest or hobby that might surprise our readers and provide a different dimension to your personality?
I love travelling! I find immense joy in exploring new places and immersing myself in different cultures. It’s not just about leisure; I often plan my trips strategically, making the most of the court summer vacations to indulge in this personal interest. Whether it’s a serene beach destination, a historic city, or a picturesque mountain retreat, I appreciate the diversity our world offers, and I make it a point to experience it firsthand. It helps me unwind, gain fresh perspectives, and recharge for the challenges of the profession.
Another hobby that adds a different dimension to my personality is playing golf. I find solace in the greens, it helps me strike a perfect balance between relaxation and skill, offering me a chance to clear my mind while engaging in a sport that requires focus and precision.
Not many would know but I am also an avid collector of watches and antiques. I appreciate art & craftsmanship. Each watch or antique item tells a unique story, and helps me travel in the era bygone!
Having navigated through diverse legal challenges, is there a piece of advice or a valuable lesson from your career that you would like to share with the upcoming generation of legal professionals as they embark on their journeys in the legal field?
I would say to my young colleagues & fellow persons: – Dream, Work & Live! Dream big so that you work hard to achieve the life you want but, in the meantime, don’t forget to live. That would mean allowing yourself to make mistakes, they would teach you lessons no law school and mentor can teach. Keep moving and be positive about your work because like a wise man said-
‘A pessimist makes nothing not even a mistake!’.
It would be most appropriate to end this conversation with a saying of Steve Winwood, “The finer things I feel in me, the golden dance life could be.”
Sir, could you please share your journey of how you ended up becoming an Advocate-on-Record at the Supreme Court of India and a Principal Associate at Dua Associates? What motivated you to pursue a career in law?
The starting point of my journey with law was a matter of chance. During my school days I never imagined myself studying law, however, when I look back today, I think that joining law school was one of the best decisions which I took. I got through Gujarat National Law School, Gandhinagar in the year 2005 and started my journey in the profession in the year 2010 under the able guidance of Ratan Kumar Singh, Senior Advocate. Thereafter, I joined Kapil Sapra & Associates in the year 2012 where I dealt with multifarious works. Being a small set up, work was of different kinds, and the exposure there helped me understand the finer nuances of corporate commercial laws. In the year 2016, I joined Lakshmikumaran & Sridharan, where I dealt with high stake arbitration matters amongst others. Therefore, the exposure at this firm was of a completely different nature. In the year 2020, I joined Dua Associates as a principal associate and continue to work in this firm. I firmly believe that one must keep upgrading his skill sets to be relevant in the legal field. This belief led me to write Advocate-on-Record examinations and I cleared the same in my first attempt. I have enjoyed and learned immensely from different stints in the legal profession.
With a specialization in commercial/civil litigation, insolvency laws, and alternate dispute resolution, can you discuss a particularly challenging or significant case you’ve worked on? What lessons did you learn from that experience?
Every case presents a different set of challenges. Therefore, as a lawyer one must understand each case of its merits and treat the same accordingly. I started my practice with a strong foundation of civil, commercial and arbitration laws, which has helped me in dealing with other laws as well. With the advent of insolvency laws, the options available with the parties have increased manifold. Therefore, the first challenge which a lawyer faces today is to decide the right course of action in the given facts and circumstances. Whilst I have worked on various cases which have been challenging or significant, I have been recently involved in a matter before the National Company Law Tribunal, where I represented the financial creditor, in an application filed by the homebuyers, seeking to commence insolvency proceedings against a real estate developer, to which the financial creditor had lent money. Whilst the law is fairly settled, and in case the homebuyers meet the threshold and there is a default, insolvency proceedings should be commenced. However, I argued that the tribunal should not act mechanically and should see the financial health of the company, in addition to the intent behind the filing of the application by the homebuyers which can be fraudulent. I also argued that the interest of homebuyers who are not before the tribunal should also be considered before arriving at a final decision. The tribunal is yet to pass an order, however, this is significant because law is all about being creative within the realm of judicial precedents and legal principles.
As someone who appears regularly before various courts and tribunals, can you shed light on the dynamics of practicing law in different forums? How does your approach differ when dealing with cases in the Supreme Court compared to other fora?
Every forum presents a different set of challenges, and a lawyer should be flexible to deal with such challenges in case one intends to practice before a different forum. By flexibility I mean adapting to the situation at hand. A lawyer who regularly appears before a district court has a particular way of dealing with the cases, however, the same may not be applicable with higher forums. Similarly, a lawyer who practices before the higher forums, will find it difficult to practice before the district courts. That’s why a lot of lawyers choose forums and stick to it. My approach is different because I have been associated mostly with chambers and firms. I started with district courts, tribunals and gradually shifted to high courts and supreme courts, and therefore had the benefit of knowing finer nuances of various courts practice. The best approach according to me is to stick to the basics, i.e., mastery over facts, reliefs sought and an understanding of the forum where the matter is listed.
Given your extensive experience in handling commercial disputes and arbitration matters, both domestic and international, could you highlight some key trends or changes you’ve observed in the legal landscape over the years?
The legal landscape has undergone some of the most significant changes in recent years, due to technological advancements and subject-specific specialization. In addition, the legal profession is also moving towards a multidisciplinary approach, where there is an integration of legal services with other disciplines, such as technology, finance, and business. The areas which have seen significant change include information technology related laws, cyber laws, environmental law, arbitration law etc. In order to cater to the evolving laws and changing trends, a legal professional is required to be updated and focus on specialization.
Having dealt with cases across diverse sectors such as Oil & Gas, Infrastructure, Telecom & IT, Banking & Finance, etc., how do you stay updated on the intricacies of different industries? How important is industry-specific knowledge in your field?
It’s very essential for a lawyer to be updated with latest legal developments and changes, especially in the areas in which he/she works. The way in which I stay up to date is by regularly reading legal updates online and offline. These days there are various newsletters being issued by firms, organisation which contains useful industry specific updates. In addition, I also attend to webinars and conferences, whenever the time permits in order to stay updated. Industry-specific knowledge is very essential in my areas of practice since different industries have different styles of operation. For example, a banking and finance industry has a different style of operation if one compares the same with an oil and gas industry. Therefore, it becomes imperative for a legal professional to deal with every industry after understanding and analysing the basic difference. Once there is a clarity on the basics, one can deal with the issue at hand with ease.
What role does advisory work play in your practice? Can you share an instance where your advice made a significant impact on a client’s case or decision-making process?
Advisory assumes a great importance in my practice areas. Advisory does not only mean a written/oral legal advice, but it includes the day to day dealing with clients, and answering the queries, and extending support to them in the usual course as and when required. One of the opinions which according to me made a significant impact on a client’s case or decision-making process, relates to an analysis of attachment orders issued by district collector, pursuant to the recovery certificates issued by National Consumer Disputes Redressal Commission, and suggesting the future course of action. Pursuant to our thorough analysis and opinion, the attachment orders were quashed and the same was a big relief for the clients.
With over 13 years of experience in the legal field, what advice would you give to fresh graduates aspiring to pursue a career in law, considering the evolving nature of the legal profession? What qualities or skills do you believe are crucial for success in this field?
My advice to a fresh graduate aspiring to pursue a career in law is to focus on the basics first. One can excel in the field and do specialization only if the base is strong. Secondly one has to be humble and have a humane approach. The legal profession is a noble profession wherein we have to deal with various human beings on a daily basis, therefore being humble is very essential. In addition, being sincere and meticulous also helps a lawyer in the long run. Also, having a commercial bent of mind is also important for a lawyer, especially for lawyers who deal with commercial disputes, arbitration, insolvency, corporate laws, and others. Constant upgradation of skill set is also required for a lawyer who wants to succeed in the legal profession. Lastly, one must be solution oriented and should have clarity of thought. This can only come through continuous learning and adapting to the situation at hand.
Your educational background includes a Bachelor’s in Science (B.Sc.) followed by a transition to law. Could you share the journey of how you made this switch and embarked on your legal career? What were the challenges or struggles you faced during this transitional period, and how did you overcome them?
In 2008, I moved to Delhi to pursue a Diploma in Clinical Research with weekend classes. While looking for a job, I ended up at a law firm specializing in intellectual property (IP) with the help of a friend. Initially I was assigned with creating a database for 300 patent cases they were handling, I became familiar with the patent process and began identifying deficiencies in the files. Upon expressing my observations to my boss, who noticed my science background, I was encouraged to try patent prosecution. This marked the beginning of my journey, and within the same year, I successfully cleared the Patent Agent exam and there was no looking back after that.
Understanding the legal language, it took me some time to get the flow of it. I think constant exposure to it by reading every day helped me get used to the flow.
Nishi, with a background in toxicology, law, and extensive experience in IPR, what sparked your interest in this unique combination of fields, and how has your background in toxicology influenced your approach to handling cases related to intellectual property and food laws?
It’s all about curiosity. When I started in this field, everything was new to me. Learning about inventions and brands before they hit the market really fascinated me. For example, back in 2009, I worked on a patent application for a mobile wallet, which felt like a big deal at the time. Now, we use it for almost every transaction.
An extensive research oriented program of toxicology helped me a lot in handling and understanding patent applications.
Being recognized as a “Top 50 emerging IP Player” by IP Gorilla is a remarkable achievement. Can you share a pivotal moment or case in your career that you believe contributed significantly to this recognition?
During my time with my previous firm, I was honoured to be recommended twice by RSG rankings as the most recommended lawyer in the firm. Additionally, I received recognition as one of the recommended lawyers in IP by Legal 500 and was acknowledged as one of the most read authors on Mondaq. I believe these recognitions played a role in my selection by IP Gorilla.
As a founding partner at Lume Legal, you handle various aspects of intellectual property rights, including patent, design, and trademark issues. What inspired you to establish your own firm, and what unique vision or approach do you bring to the legal landscape through Lume Legal?
Honestly, it wasn’t a planned move. I took a break from my job, but I continued to get work through recommendations. That’s when I thought, why not start something on my own? That’s how it all began. We aim to adapt to the evolving legal landscape influenced by changing technology and assist our clients in navigating these changes.
As an advocate for IP rights awareness, you’re actively involved in speaking at various seminars and conferences. What message do you often find yourself emphasizing to businesses and entrepreneurs regarding the importance of intellectual property?
Protecting intellectual property (IP) is crucial for any business, but I stress the importance of enforcing IP rights. Business owners need to be clear about where they stand. It’s essential to avoid infringing on others’ IP and, at the same time, ensure that their own rights are not violated. Setting these boundaries is key for a successful business
Having advised Fortune 500 companies on the protection and use of trademarks, could you highlight a key strategy you employ when working with such high-profile clients to ensure the safeguarding of their intellectual property?
Diligence, staying informed, and maintaining honesty have consistently been my guiding principles, and they have proven to be beneficial in various situations.
You’ve written for various national and international law journals. Could you share the motivation behind your writing, and how do you believe it contributes to the legal community and public understanding of intellectual property issues?
I follow the principle of writing for those who aren’t familiar with legal terms and need straightforward answers. Coming from a science background, I realize that grasping legal jargon can be challenging. My goal is to communicate in simple language so that even the average person can easily understand the content.
Maintaining a successful career in law requires a high level of self-discipline. Can you share your thoughts on the importance of self-discipline in your professional journey and any strategies you use to stay focused and organized in your work?
Thanks to IP prosecution, whether it’s dealing with patents or trademarks, it’s a field that operates on tight deadlines. Missing a deadline means having to explain, so being self-disciplined is crucial. When you genuinely enjoy your work, you don’t need elaborate strategies; it simply becomes part of your daily routine.
Beyond your legal pursuits, what are your hobbies, and how do you like to spend your free time?
I enjoy experimenting with various activities, ranging from music and dance to reading, and my interests tend to shift over time. Currently, I’m engrossed in watching documentaries.
For students aspiring to specialize in Intellectual Property Rights, what would be your top piece of advice or a recommended approach to gain a strong foothold in this field while still in law school or early in their legal careers?
My approach is simple: read, read, and read. Staying updated on current events, brands, and new innovations is crucial. Reading case laws helps me understand how the court addresses different sections or aspects. I firmly believe in the power of perseverance and the importance of continuous learning.
