Super Lawyer

Category: Founder

  • “Becoming an AOR transformed my attitude towards law, underscoring the newfound confidence and passion that drove her career trajectory” – Pallavi Pratap, Advocate-on-Record, at the Supreme Court of India

    “Becoming an AOR transformed my attitude towards law, underscoring the newfound confidence and passion that drove her career trajectory” – Pallavi Pratap, Advocate-on-Record, at the Supreme Court of India

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Hello and welcome everyone to Super Lawyer. Today, we have with us, Ms.Pallavi Pratap, who has been named BW Top 40 Under 40 Lawyer She is a legal influencer. She is a women’s rights activist, health enthusiast, and managing partner of Pratap and company. She is a legacy in herself.

    Ma’am, our first question would be to understand how you enter the legal field. And what made you pursue this path? Then how did you come up with your Pratap and company and make it such a big name in this legal background? What were the challenges? Would you like to share it with us?

    The challenges I think were stupendous, but, how it started, I am an accidental lawyer. It was not that it was something that was planned as a matter of fact. I remember that when people would talk about being a lawyer, at least in my generation. That was for people who had done nothing in their life. So because you’ve not achieved anything. So you become a lawyer. That is how, you know, a lawyer was perceived then. So my law happened because after graduation, I was preparing for UPSC.

    And so I did my law, one year, I think I did then.  Then, because I was not able to crack UPSC, my parents thought that you know, I should go abroad and maybe do an MBA, and back then MBA was like how it is right now, LLB. So everybody was doing MBA, so I went to Australia, and I did my MBA there. Then I did my research in France. I came back and then I started to work in a small investment banking company and, that was going okay. It was all right. By the time I think I was married also. So I had two years of law left. So I had to finish off my law and then pursue my investment banking career.

     It was long, and it was difficult at that moment because I think the dot com bubble had just happened. Subprime mortgages that entire 2008, and 2009 time when the economy was not doing very well. We all had challenges then, especially since. I had done my MBA and I was looking at the corporate side to work in. Then interestingly, what happened was since I was married, my husband and I thought that, it had been some years and that we should go the family way.  And so the job I was doing was not so easy to continue, because, with the kind of pressure that we had on the corporate side, it was not possible.

    So, my father suggested that then, why don’t you pursue law? Because it will be easier. You won’t have to put in so many hours and just take it slowly. So I just started working with an AOR.  And, I remember it was around 2011, 12, something like that, when I started.  Went on for four, or five years, but I was never serious about pursuing law as a career.

    I thought that I would go back to the private sector. Because at that time when I shifted, I was already associate vice president. I was associate vice president at the age of 28. So the next in line was VP, which is what I was due for. And then I would have been the CEO of the company that I was in.

    At one point, I had aspirations of becoming a CEO by the age of 32 or 33. However, life has a way of throwing unexpected challenges our way. At that time, my husband and I were facing difficulties conceiving naturally, leading us to explore IVF options, which involved hormone injections and a break from my career.

    During this hiatus, I began studying law, initially considering it a temporary measure until circumstances improved and I could return to my original career path. Life, however, had other plans. In 2015 or 2016, my husband and I decided to separate.

    Around the same time, I found employment in an Advocate-On-Record’s office. It was a demanding role where I was the sole junior, responsible for a wide range of tasks—from clerical duties to drafting and translation. My workdays were long, often stretching from 9 AM to 8:30 or 9 PM, with additional work at home, particularly for translations.

    Despite the challenges, this experience proved invaluable. Working on translations, especially for criminal cases, provided me with a deep understanding of the legal system. I vividly recall translating extensive criminal appeal files, including everything from FIRs to witness statements, which significantly enhanced my knowledge of the Criminal Procedure Code (CRPC). Despite initially viewing translation as a mundane task, it ultimately became a vital learning opportunity, enriching my understanding of legal proceedings.

    So, I found myself in a unique position where I witnessed the entire trial unfolding before me. It’s interesting, as you mentioned, how the younger generation seems less inclined towards traditional legal tasks. Many shy away from such responsibilities, deeming them beneath a lawyer’s stature. I never viewed any task as beneath me. Perhaps it was my genuine interest or simply a lack of concern about status. However, I’ve encountered individuals who readily embrace tasks like using Google Translate, yet hesitate when faced with last-minute requests for simple tasks.

    Everyone has their preferences, and I don’t expect anyone to work for free. However, these experiences taught me invaluable lessons, especially in service matters. Translating documents provided insights into the intricacies of drafting annual confidential reports, sending notices, and crafting representations. While building something akin to SAM or CAM was never my ambition, I recognized my limitations and aimed to excel within them.

    I aspired to establish a reputable litigation firm, one that keeps me consistently engaged with meaningful cases. Initially, the thought of becoming a counsel didn’t even cross my mind. Yet, over time, everything seemed to naturally fall into place. Through gradual progression, I honed my skills in argumentation and management, embracing unforeseen opportunities as they arose.

    Earlier today, I had a conversation at NCLAT with a fellow law firm owner, where we delved into the intricate challenges of managing multiple aspects simultaneously. Balancing client needs, court proceedings, and financial matters poses a significant challenge for all of us in the legal profession.

    My background in MBA has played a pivotal role in navigating these complexities. From my early days in India, I’ve been deeply involved with startups, often spearheading new verticals or assisting nascent companies. This experience instilled in me a knack for cost-cutting and efficient work practices.

    Despite the perception that our workload necessitates a large team, we operate with a lean staff of three to four individuals. Remarkably, my colleagues typically wrap up by early evening without the need to carry work home. Our ability to manage substantial workloads with minimal resources is a testament to our strategic approach.

    This proficiency in streamlining operations and maximizing productivity stems from my understanding of running a small company or startup. While the journey has been challenging, it has also been immensely rewarding. As I reflect on our progress, I’m intrigued by what the future holds.

    Could you elaborate on how your MBA background aided you in navigating the challenges of establishing and managing your law firm, especially during the initial stages when resources were limited? Many lawyers don’t possess an MBA, so it would be insightful to understand how this unique combination of qualifications has influenced your approach to addressing the complexities of running a law practice efficiently.

    Let me share a personal anecdote that shaped my perspective early in life. During my MBA days in Australia, despite having financial support from my father, I chose to work part-time. In Melbourne, there’s a bustling spot called Victoria Market where I found myself selling a product called a spilling remover—a simple solution for common clothing woes like pilling or pet hair. Standing on a podium, I’d invite passersby to experience its effectiveness, selling it for $25 apiece. Essentially, it was just sandpaper in a plastic box, but to foreigners, it was a valuable solution, earning me commissions and teaching me the art of salesmanship.

    My MBA background, particularly in finance, proved invaluable during this time. It equipped me with the skills to calculate ROIs, analyze top and bottom lines, and assess a company’s sustainability. These skills became especially relevant when I ventured into investment banking, where projections and financial viability are paramount in securing investments.

    With my prior experience in startups, I quickly identified areas for improvement in my work. However, having faced challenges before, I knew how to navigate them efficiently. I attribute much of my success to the incredible support system I had. Individuals like Kunal, my office manager, and Anshini bhaiya, my clerk, played pivotal roles, often handling tasks beyond their responsibilities, which allowed us to achieve more with fewer resources. Their dedication and support were instrumental in overcoming obstacles and propelling our endeavors forward.

    The backbone of any endeavor lies in its team and resources. Since the inception of our journey, our staff has been integral to our success. Through thick and thin, from the earliest filings to the present day, they have remained steadfastly by my side. While we may engage in spirited debates and disagreements, our loyalty and commitment to one another have never wavered. I am confident that this bond will endure for as long as we continue on this path.

    Reflecting on my MBA experience, I came to realize the true essence of networking. Contrary to popular belief, simply meeting people at conferences or social events does not guarantee professional opportunities. People seldom recall such encounters, let alone entrust you with work. Recognizing this, I adopted a sales-oriented approach. Rather than passively networking, I embraced the role of a salesperson, focusing on promoting my skills and capabilities.

    In the world of sales, one must shed inhibitions and relentlessly advocate for oneself. I vividly recall my time in Australia, where I worked for a charity, going door-to-door soliciting donations. It was a challenging task, compounded by cultural differences and occasional hostility. Despite the hurdles, I persevered, driven by a sense of purpose and determination to succeed.

    I recall my experience working in a call center, specifically in Australia, where my role involved selling gas connections and DTH connections similar to Tata Sky. This exposure to sales was invaluable, as it instilled in me a sense of confidence and fearlessness when approaching potential clients. I never hesitated to assertively offer my services, knowing that showcasing my expertise was essential in securing work opportunities.

    Even during challenging times, like the onset of COVID-19, the emergence of social media platforms provided a new avenue for me to showcase my skills. Despite facing skepticism and criticism from some quarters, I remained undeterred. I understood that to thrive in a competitive environment without the backing of a “Godfather,” I needed to directly engage with clients and demonstrate the value I could bring to their projects.

    Over the past decade, I have accumulated significant experience and expertise. This journey has allowed me to reach a point where I can afford to take a step back and explore other interests while still maintaining a strong professional foundation.

    But those 10 – 11 years. When I was putting in the effort, there was nothing else that I ever thought of.  Nothing else except for work.

    when did you decide to become an AOR?

    As I mentioned earlier, I was struggling with my legal career at one point. I was employed in an AOR’s (Advocate-On-Record) office, and around 2010 or 2011, when I enrolled for a five-year program, I was disinterested in learning. I had convinced myself that returning to the private sector was my goal and that the legal work I was doing felt beneath me.

    However, my perspective shifted when I began working in the AOR’s office in December 2015. Almost impulsively, I decided to fill out the AOR examination form. By May 2016, with just six months of experience in the AOR’s office and 15 days of preparation, I attempted the AOR examination and passed it on my first try.

    Some may argue that the paper that year was easier, attributing my success to luck. Yet, passing the AOR exam gave me a newfound confidence. I realized that achieving such a feat, especially in my first attempt, meant I possessed a deeper understanding of the law than I had previously acknowledged. Many struggle to pass this examination even after multiple attempts, but I succeeded on my first try, affirming my competence in the legal field.

    Becoming an AOR transformed my attitude towards law. Before this achievement, I had contemplated returning to the private sector, disliking my work in law. However, my success in the AOR exam propelled me into taking my legal career more seriously. I no longer viewed legal practice as beneath me; instead, I embraced it wholeheartedly.

    This experience taught me the importance of self-belief and determination. It was a turning point in my career, marking the moment when I transitioned from a disillusioned legal professional to a committed and passionate advocate.

    Given your passion for your company, how do you envision your plans for the next five to seven years, particularly considering the increased responsibility that comes with holding an AOR position? How do you intend to align this responsibility with your commitment to societal causes over the next three to five years?

    To be honest, there isn’t as much involvement in societal causes for me anymore. It used to be more prevalent when I was handling those types of cases. Unfortunately, it seems now people view me more as a criminal lawyer, and I’m fine with that too. If such cases come my way, I won’t deny them. However, my passion still lies in issues related to women. It’s something that has always been close to my heart, stemming from my own experiences, and I believe it will continue to be so.

    Looking ahead, my focus for the next three to five years is to engage more in courtroom arguments. It’s something I’ve grown to enjoy, albeit it took me some time to overcome certain inhibitions. Learning the art of effective argumentation—knowing when to speak, when to stay silent, and how to present without offending the judge—is an ongoing process for me. I’m still refining these skills, recognizing that I have much more to learn.

    On the business front, I’m content with where our firm stands currently. While I naturally aspire to increase our turnover and the number of cases we handle, I’m grateful that growth seems to be happening organically. Our caseload is steadily increasing, almost on its own accord. This year, one of my resolutions is to travel extensively, aiming to visit at least one high court every month.

    In January, I traveled to Bangalore, and this weekend, I’ll be heading to Indore. My purpose isn’t solely work-related; I’m eager to connect with more people, understand the challenges they face, and perhaps offer solutions where I can. Over the past year, I’ve noticed an intensification of challenges, particularly with the heightened competition in our field. It’s become overwhelming for many of us, prompting me to strategize on how best to navigate these obstacles.

    Moreover, at 41, I find myself contemplating life goals and priorities. Having dedicated over two decades to work since 2006, I’m now at a juncture where I seek to carve out time for personal pursuits that have taken a backseat for far too long. I aim to pave the way for the next decade to embrace endeavors beyond the confines of immediate obligations.

    Undoubtedly, there are struggles. Despite societal shifts, challenges persist, especially for individuals like us. As a woman in the legal profession, I continue to encounter hurdles in what is still largely a male-dominated arena. The landscape may have evolved, but the inherent obstacles remain, requiring perseverance and resilience to navigate effectively.

    How do you approach supporting individuals, particularly women, who are encountering challenges in today’s rapidly evolving landscape, both in the physical and online realms? What strategies do you envision employing to navigate these dual challenges effectively?

    You know, it’s been overwhelming. My Instagram feed is flooded with hateful messages. If I were to delve into each one of them, it would undoubtedly take a toll on my mental health. Not that it isn’t already suffering. But being on social media with an open profile invites all sorts of comments, and learning to brush them off is a skill I’m still struggling to master.

    Unfortunately, it’s not just confined to social media. Even within the corridors of the Supreme Court, women are often objectified and subjected to gossip. For someone like me, with a past that seems to precede me, it feels like my right to exist is constantly under scrutiny.

    No matter how many times people express admiration or claim to find inspiration in my social media presence, it’s that one negative comment that sticks, lingering and gnawing at my self-esteem. It’s a daily battle to overcome these obstacles, and for someone who has endured their fair share of hardships, it’s particularly draining.

    I’m sure many other women can relate to this struggle. Moreover, there’s this tendency to label women who speak out as playing the victim card. Frankly, it’s disheartening. That’s why I’ve become increasingly selective about engaging online. This interview marks a significant departure for me, as I’ve largely refrained from public appearances due to the incessant accusations of victimhood.

    I want to share with you the unfiltered truth about my life experiences. It’s not about playing a victim card – that won’t put food on my table, pay my bills, or sustain my livelihood. The notion of a victim card is dismissive; it doesn’t address the real struggles we face. Some may perceive my openness about challenges as playing a victim, but that’s far from the truth. I’m simply acknowledging the hurdles I’ve encountered.

    It’s incredibly tough for people to grasp your reality. Instead of understanding, they’re quick to judge, criticize, and spread rumours. They’ll label you as overly emotional, assertive, or worse, without considering the battles you’ve fought and the strength it took to overcome them. It’s disheartening when your personal struggles are overshadowed by baseless gossip and scrutiny.

    The most painful part is the lack of acknowledgement of your journey. Nobody talks about the countless hours spent preparing for battles in court, the mental health challenges conquered, or the physical changes and hormonal shifts that women face as they age. Society tends to brush these issues aside, reducing individuals to mere stereotypes, ripe for gossip and condemnation.

    As a 41-year-old woman, I’m acutely aware of the changes my body undergoes and the societal pressures that accompany them. Yet, these struggles are often dismissed or exploited for gossip fodder. It’s a reminder that despite our accomplishments and resilience, society’s perception of us remains narrow and judgmental.

    Many women in the legal profession, particularly those in the Supreme Court, encounter similar challenges. However, I must acknowledge a positive shift in recent times. The judges have become notably supportive and accommodating. It’s truly remarkable. They allow us to present our arguments and make our points heard, even in cases where they ultimately dismiss them. Regardless of the outcome, they ensure that we have a platform to voice our perspectives.

    This newfound environment is instrumental in bolstering our confidence. We no longer feel scrutinized or judged based on our gender or professional standing. Instead, the emphasis is on fostering an inclusive space where everyone, regardless of gender, feels empowered to express themselves. Even if we falter or struggle to articulate our arguments convincingly, the judges still provide us with the chance to speak up and be heard.

    For women practicing law, this shift has certainly made our journey smoother. We now have a supportive framework that encourages us to participate actively in legal proceedings without fear of bias or discrimination.

    How can individuals facing similar situations find support? It’s essential to reach out and seek solace, even if it’s challenging. In my experience, friends outside India often find comfort in supportive communities that share their grief. This support, although seemingly small, can make a significant difference, especially for those from different generations.

    This generation possesses a remarkable clarity of vision that I find truly inspiring. I often marvel at how certain they are about their aspirations; a quality I wish I had when I was their age. In my workplace, I am surrounded by exceptionally talented colleagues, particularly women, who exude confidence and decisiveness in their pursuits. Their directness and self-assurance are qualities I deeply admire, especially as I continue to grapple with moments of self-doubt.

    I have always had a special admiration for women who excel in their fields. I recall my own approach to work—when a task was assigned to me, it became my responsibility, my challenge to conquer. This same work ethic is evident in the remarkable women I work alongside today. Take, for example, one of my juniors who is currently navigating a challenging phase in her career. Despite the obstacles she faces, I am immensely proud of her resilience and determination. Witnessing her growth and perseverance fills me with pride, and I am confident that she is destined for great success.

    You’re deeply committed to mentoring, which is commendable. Have you extended this mentorship to your siblings, given that you’ve essentially established a legal dynasty within your family? Your journey must have been inspiring for them. Could you share more about how you’ve influenced and motivated your sister and brother in their legal pursuits?

    My brother and sister, if you were to ask them independently, they would both attest that their successes were entirely self-made. They’ve each carved out their own paths without needing much guidance from me. It’s remarkable how they’ve managed to flourish independently. In our household, everyone is quite aware of each other’s endeavors.

    However, collaborating with individuals from diverse backgrounds and mindsets has been a transformative experience for me. Working with these incredible women has been an eye-opener. Take Muskan, for example, she’s sitting right here. She has taught me invaluable lessons. I merely have to express what needs to be done, and somehow, she accomplishes it effortlessly. Her efficiency has significantly lightened my workload, allowing me to breathe more easily since she joined the team.

    Then there’s Kinjal. What sets her apart is her laid-back demeanor. She effortlessly integrates modern slang and vibes into her work. It’s truly refreshing to witness their relaxed approach. I’ve always envied their ability to stay cool under pressure. Even now, I find myself bogged down by stress. Yet, these young individuals produce impeccable work effortlessly. Their talent and composure never cease to amaze me. I wish I possessed their level-headedness and skill.

    Muskan, even though I had been practicing in NCLAT for a long time when Muskan came, she told me so many things about NCLAT procedures that I had no idea about. And similarly, when Kinjal came. She taught me so many things about lower court proceedings that I had no idea. So it’s just that you learn so many things from them.

    Now, shifting gears, could you share how you unwind and manage stress? Specifically, what hobbies or activities do you engage in for your mental well-being? Additionally, given your dedication to fitness, could you elaborate on your workout routine and its impact on your personal and professional growth?

    Let me share a bit about my journey. When my husband and I were trying to conceive, I underwent hormone injections, and I was around 80 kgs at that time—I mean, significantly overweight. This led to a myriad of issues, including depression, body image concerns, and a lack of confidence. It was a challenging period.

    However, I gradually discovered the power of exercise. The endorphins released during workouts made me feel happier and more content with myself. It became a habit—one that I’ve maintained to this day. Even if I take a short break from the gym, I find myself back there on the fourth day, even if just for some cardio. While I haven’t transformed into a thin person, due to my genetic makeup, exercise has become a cornerstone of my routine.

    Starting my day with a workout sets a positive tone that lasts until at least four o’clock. Achieving small victories in the gym, like lifting my body weight during a deadlift, instills a sense of pride and confidence that carries over into other aspects of life.

    I’ve been open about having a therapist, and I speak with them once a week. It’s essential to address mental health issues, whether it’s depression or anxiety, which are prevalent among lawyers. Seeking help is crucial; you can only do so much on your own. Since the onset of COVID, I’ve maintained this routine, seeing my therapist regularly.

    As for my reading habit, it’s part of my daily schedule. By 8 o’clock, after the kids are occupied, I dive into work, reviewing files and preparing for the next day. By 9 o’clock, I wrap up, and that’s when I look forward to the highlight of my day—relaxing in bed with a book. It’s a simple pleasure that keeps me grounded.

    Previously, before I incorporated reading into my routine, I’d anticipate watching a show like Frasier or any comedy series at 9 o’clock. Having something to look forward to at the end of the day helped me navigate through it. That’s been my survival strategy.

    How do you tackle the challenge of motivating first-generation lawyers and aspiring legal professionals to take their roles seriously and enhance their skills? How can they overcome obstacles such as lack of mentorship and difficulty in establishing connections within the legal community? What advice would you offer to these newcomers to the profession?

    Look, I’ll be the first to admit that I sometimes struggle to keep up with emails and messages. Frankly, we receive an overwhelming volume of them every single day. Ideally, I’d love to have a larger team to ensure every email gets a prompt response. However, the reality is, we operate with limited resources.

    As much as I’d love to have a team of interns, our resources simply don’t stretch that far. It’s not about lacking the space; it’s about ensuring that if we do take on interns, we can provide them with a valuable learning experience. I wouldn’t want to bring on interns only to find we can’t offer them adequate stipends or meaningful guidance.

    Internships here are rare occurrences, happening perhaps once every couple of months. The main challenge isn’t space but our court commitments. Until 4 o’clock, we’re typically tied up in court proceedings, and even if interns were to join us, the complex nature of legal proceedings means they wouldn’t gain much insight. Understanding court proceedings takes years, not months.

    While it’s possible to observe court sessions virtually, it doesn’t necessarily translate to meaningful learning. Instead, I believe interns would benefit more from gaining hands-on experience in lower courts where they can actively engage and learn the ropes of legal practice.

    Maybe you can go to the High Court and see how the original side works.  But coming directly to the Supreme Court, I think the challenges are huge and very difficult.  You can maybe learn bail applications and how they are being argued, but I still think that there’s just so much to learn that in five years you can’t learn all of that.

    The other thing I think is that, see, you get to know whether you’re good at it or not. You know, you are always true to yourself. So the moment you know that you’re good at it, and you’re able to generate work, and you think you will be able to do it, you will be able to put in the hours, do it. Do litigation.

    But if you think that you’re not cut out for it, don’t waste your time trying to prove something that, you know, is not possible.  If I were to be a corporate lawyer, maybe that’s not something that I would have been able to do. I enjoyed litigation and that’s why I’ve been able to do it.

    And I think the last thing that I would want to say to the interns. I honestly feel that internship is not the most important thing. Believe me, an internship is no way that one would want anything to happen. Not true. It’s not the internship. But it is primarily what you make of yourself after law school.

    You are studying in law school, but once you are out of law school, how willing are you to work in court and learn?  You know, there have been kids who’ve come to me and they’ve said that we want work-life balance. I said, that’s fine. My office gives you a work-life balance because it’s quarter to seven.

    My office is empty. And this is a Thursday. Why? Because there is always a work-life balance in my office. Nobody has to come into the office in the morning. Everybody comes to the court at 10 o’clock and then by 6.30, everybody’s out. So if then you are coming and telling me that you can’t even put in eight hours or nine hours of work, then I think, then you are not cut out for this profession.

    Because the office is closed, now my staff is gone, I have put in 8 hours already, and now I have to put in 6 more hours, be it in the morning 2 hours and 4 hours in the night, to figure out how to do the billing, to figure out, briefing for tomorrow’s matters, like I have a conference at 8.30, now nobody else is going to do it, I will only have to do it, so you have to be prepared that you can work 14 hours a day.

    Get in touch with Pallavi Pratap–

  • “There are no shortcuts to professional advancement, and there’s no justification for compromising on the highest standards of professionalism and quality” – Kalpana Garg, IP Attorney & founder at Umbrella Legal

    “There are no shortcuts to professional advancement, and there’s no justification for compromising on the highest standards of professionalism and quality” – Kalpana Garg, IP Attorney & founder at Umbrella Legal

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Can you share your diverse and enriching journey from IIT Kharagpur to founding Umbrella Legal. What inspired you to transition from a technical background to a career in law and entrepreneurship?

    Thank you Superlawyer Team for this opportunity and I feel very lucky to be approached and interviewed for the second time in my legal career. To begin with, I am a first-generation lawyer who, in my third year of engineering, made the decision to shift gears. Throughout 4 years of engineering college, I participated in various extracurricular and events, which gradually led me to realize my passion and aptitude for law. During the final year of my engineering studies, subjects such as introduction to patents and technology transfer solidified my resolve to pursue law after engineering, with the aim of integrating knowledge from both fields to tackle complex issues. So, at the end of 4 years of engineering college, I opted for a three-year law program specialized for individuals with a technical background at RGSOIPL, IIT Kharagpur, instead of pursuing MTech or joining a corporate job. I had wonderful cohorts and friends at law school, who added to the need to challenge myself for learning and gaining experience. 

    Following campus recruitment at IIT Kharagpur, I joined Hero MotoCorp’s R&D setup as part of their IP cell, gaining valuable experience in handling patent-related matters. After a tenure of 2.5 years at Hero, I transitioned to TCS as an IP analyst, where I delved into core IP issues and gained extensive exposure to domestic and international IP laws, particularly in the software domain. While recognized as a valuable asset at TCS, I felt the urge to broaden my legal expertise, leading me to join Bajaj Electricals as Manager-Legal and IP. In this role, I provided comprehensive legal support across various departments, refining my leadership skills and navigating complex legal challenges across multiple business verticals over a span of 2.5 years. Subsequently, I moved to ATC Tires Private Limited, further expanding my legal exposure and expertise in handling legal and compliance matters. 

    The transition from an in-house counsel role to an entrepreneurial position is not abrupt but rather rooted in a steadfast aspiration that began during law school to establish my own firm. Through exposure and accumulated experience in the legal field, I eventually reached the point where I felt confident enough to leave my corporate position and embark on this entrepreneurial journey.

    Starting Umbrella Legal must have been an exciting yet daunting venture. What were some of the initial challenges you faced, and how did you overcome them to establish a successful legal practice?

    I think the decision to leave my position as Senior Manager-Legal in 2022 to start my own firm has been the biggest challenge. The magnitude of this challenge becomes evident when starting without an existing client base, despite a decade of experience. Over time, I learned to cultivate relationships and instil trust with clients gradually. My background as an in-house counsel proved invaluable in comprehending the intricacies of transactions from both business and legal perspectives, affording me a distinct advantage in handling certain complex matters.

    Your involvement with teaching and providing legal exposure to students at NMIMS Mumbai and IIM Bodhgaya is commendable. What drives you to impart knowledge and mentorship, and how do you believe it contributes to the legal profession?

    My father, a teacher himself, instilled in me the value of imparting knowledge and contributing to the community. I have a fondness for teaching, and whenever the opportunity arises, I am committed to delivering my best as a faculty member. As a legal professional, I actively engage in continuous learning, staying updated on emerging trends in law, and giving back to the legal community through knowledge sharing, mentorship programs, and academic collaborations.

    I had the pleasure of teaching two modules of the executive law program at IIM Bodhgaya, where participants engaged in discussions on legal interpretation, case studies, and shared their experiences in addressing similar issues within their organizations. Teaching law, to me, is about more than just imparting knowledge; it’s also an opportunity to learn from diverse perspectives and experiences.

    As someone deeply involved in the startup ecosystem, what do you believe are the key legal challenges that startups often overlook, and how can they proactively address them to ensure long-term success?

    The legal challenges start from selection of entities to incorporate to finally implementing practices to mitigate legal risks. I remember having this discussion with a client wherein they were ready to deploy all measures to ensure that accounts become up and running from day 1 but when it was time for legal compliances, the reply was “is it absolutely necessary” and what would be the penalty, if not complied. 

    Certain startups fail to recognize the significance of completing legal paperwork, safeguarding intellectual property, establishing legal frameworks, and formalizing co-founder agreements and equity distribution plans. The initial action to tackle these matters involves engaging an attorney for in-depth discussions concerning your needs, financial constraints, and deadlines. Establishing a structured timeline ensures that all necessary steps are taken in a timely manner.

    Becoming a registered patent agent is a significant achievement. Could you share with us your experience preparing for and passing the Indian Patent Agent Examination?

    In 2013, while serving as Deputy Manager at Hero MotoCorp, I successfully passed the patent agent examination. In my role, I was tasked with various responsibilities such as conducting patent searches, drafting, filing, and providing related advisory services. Given the frequent engagement with patent-related matters, I found myself referring to the relevant laws and regulations multiple times a day, inadvertently preparing me for the examination. Moreover, drafting patent specifications as part of my duties involved comprehending the inventions conceived by inventors, further enhancing my preparation for the examination.

    Your involvement in advising on software patents and navigating the complexities of international patent filings is impressive. What unique considerations or challenges arise when dealing with software-related inventions in the context of patents, and how do you address them?

    My exposure to software patents and challenges around them began with my engagement with TCS, Mumbai. I joined TCS in January 2015 and just a few months before, the Alice vs. The CLS case was decided in the US Supreme Court and every software company was concerned with the verdict. In that case, it was held that patent claims granted for computer-implemented electronic escrow services were directed to abstract ideas and not patentable subject matter. This case had a profound impact on the way of examination of software patents and laid out two step analysis. India patent office on the other hand was busy drafting CRI guidelines for examination of computer related inventions but there were a lot of comments and recommendations given by industry players upon release of those guidelines due to clarity and interpretation issues. One of the biggest challenges after the Alice case was to overcome the 101 rejections in the US with limited support available from pre-Alice patent specification. 

    You’ve mentioned handling complex transactions during your tenure with some of India’s biggest companies. Can you share some strategies or approaches you utilized when faced with particularly challenging cases, such as those involving intricate IP issues or high-stakes legal matters?

    Navigating transactions entangled in numerous legal complexities demands meticulous strategic planning, clear communication with the business team, and scrupulous attention to detail when reviewing documents and disclosures. In the initial stages, it’s crucial to engage in thorough discussions with relevant teams, delving into the nature, rationale, and expected outcomes, while also conveying expectations and providing regular updates.

    At the outset of such intricate transactions, establishing a risk matrix is imperative, allowing for the identification of potential risks and the implementation of mitigation measures to secure a favourable outcome. Complex transactions often involve unanticipated challenges and it becomes important to strategize and work to ensure that you do not deviate significantly while revisiting and adjusting the transaction structure. 

    Your journey from a deputy manager at Hero MotoCorp to founding Umbrella Legal is quite inspiring. What lessons or experiences from your early career do you carry with you today, and how have they influenced your professional growth?

    Thank you for your kind words. I appreciate your kind sentiments. Transitioning from my role as deputy manager at Hero MotoCorp to establishing my own firm has been a journey rich in valuable lessons and experiences, supported by the guidance of family, friends, and mentors at various stages of my career. One paramount lesson I’ve embraced and applied is that there are no shortcuts to professional advancement, and there’s no justification for compromising on the highest standards of professionalism and quality.

    Balancing a career as a legal entrepreneur and being a strategic legal advisor requires excellent time management skills. What are some strategies or habits that you’ve found effective in maintaining this balance and staying productive?

    In today’s fast-paced professional landscape, many individuals encounter the dual challenges of time management and maintaining a healthy work-life balance. Within the legal profession, given the demanding nature of the work and long hours, it becomes essential to implement strategies for effective time management. One particularly beneficial approach is establishing clear priorities and developing the skill of delegation.

    In the past, I struggled with setting boundaries regarding personal time, often allowing work-related matters to encroach upon my personal life. However, I gradually altered these habits. Now, I prioritize carving out dedicated time for my personal life to prevent burnout and ensure rejuvenation. This shift has been instrumental in enhancing my overall well-being and productivity.

    Get in touch with Kalpana Garg–

  • “Continuous learning and knowledge sharing are vital in navigating the complexities of the legal landscape. Understanding one’s strengths and finding the right career path requires introspection and exposure to different experiences.” – Awanish Srivastava, Managing Partner & Founder of Naks & Associate (Advocates & Solicitors)

    “Continuous learning and knowledge sharing are vital in navigating the complexities of the legal landscape. Understanding one’s strengths and finding the right career path requires introspection and exposure to different experiences.” – Awanish Srivastava, Managing Partner & Founder of Naks & Associate (Advocates & Solicitors)

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Before we delve into your remarkable career journey, could you please introduce yourself to our readers, sharing a bit about your background, your passions, and what drives you professionally and personally?

    I am Awanish Srivastava having experience of more than 22 years in Corporate & Core Litigation, Corporate Law, Agro Litigation, Intellectual Property Management, Contract Management and Corporate Consultancy.

    I am Founder & Managing Partner of NAKS & Associates (Advocates & Solicitors), a Pan India Law firm. I am also a Fellow member of Institute of Company Secretaries of India and Regional Council Member, currently holding the post of Treasurer of NIRC of ICSI. I am Law graduate from Delhi University, Master in Law, Post Graduate in Commerce and M.B.A. (Finance). I am an active member of the ICSI, Bar Council of Delhi, Supreme Court, Delhi High Court Bar Association and NCLT Bar Association.

    My journey has been driven by a passion for justice and the belief in law as a tool for societal improvement. Professionally, I am driven by the challenge of navigating the complex legal landscape to deliver solutions that not only serve our clients but also contribute to the legal profession’s evolution. Personally, I am motivated by the impact we can make through our work, in both the corporate sphere and community initiatives like Pink & Blue.

    You’ve played a significant role in defining new standards of legal services in India through your firm, NAKS & Associates. What motivated you to establish NAKS with such a unique vision of operating as a Corporate Law Firm in a Retail Concept?

    The vision for NAKS & Associates stemmed from recognizing a gap in the legal services market – the need for accessible, reliable corporate legal solutions across India. The Idea of Pan India Litigation came into my mind when I was working with a future group where we, as In-house Counsel, were struggling to hire lawyers in small cities and at Taluka level. In the Year 2012, we started Naks as PAN India law Firm with the aim of providing one stop solutions to our clients. 

    This initiative really created a platform for Corporate at one end and Lawyers in small cities at the other. Further, this platform makes legal assistance more accessible and also allows us to reach a wider level, ensuring that businesses, regardless of size, have access to top-notch legal counsel. Our System helped small Cities Lawyer to handle Big Corporate Clients.

    Your work with Pink & Blue- A Symbiotic Living initiative is commendable. Can you tell us more about the initiative and how it’s making a difference in society?

    Pink & Blue – Symbiotic Living (A unit of Chamber of Professional (CoP)- A Registered NGO) is a team of expert professionals, working for welfare of Working Women and Prevention of Sexual Harassment at Workplace and this is very close to my heart.

    Pink & Blue is operating with the aim of creating awareness among each and every member of society about the ill impacts of Sexual Harassment and the means to prevent & redress the complaints of Sexual Harassment. We have taken a pledge to give Free training and Support to Maximum People for the betterment of the Society and promoting Happy & Healthy Co-Living Workspaces.  We are a team of expert Company Secretaries, Advocates, HR Professionals & Social Workers.

    We have conducted more than 200 Training sessions so far and trained and empowered more than 2 Lakh People. We have trained and certified more than 140 Posh Trainers who are CS, CA, Advocates and CMA.  Our Trainers have successfully conducted training in more than 500 organisations. 

    Our work is making a difference by educating employers and employees alike, fostering environments where everyone can feel secure and respected. This initiative is a reflection of our commitment to social responsibility, aiming to enact real change in society through education and awareness.

    Handling cases involving complex corporate litigation and intellectual property management requires a unique skill set. What are some of the key challenges you’ve faced in your career, and how have you overcome them?

    One of the key challenges in handling complex litigation and intellectual property cases is staying abreast of the rapidly changing legal landscape. Keeping updated with the latest laws and judicial precedents requires continuous learning and adaptability. In today’s era, where litigation and judiciary is taking turns frequently, one cannot make distance with reading or upgrading himself with legal knowledge even for a slightest of time period.

    I’ve overcome these challenges by fostering a culture of ongoing education, Reading, making notes and knowledge sharing within our firm, ensuring that we remain at the forefront of legal upgradation and best practices.

    You’ve served in senior positions as in-house counsel for prominent Corporate like Videocon Telecommunications Ltd. and Future Group. Could you share some insights into your experience in these roles and how they have influenced your approach to legal practice and corporate consultancy?

    My career took an airlift when I joined Future Group as Junior Manager. I was responsible for the Supervision and Monitoring of Legal & Liaisoning team of 12 members of PAN India for Legal, Contract Management, Regulatory, Liaisoning and Compliance related issues/matters. I was awarded Best Employee at Future Group for 2 (two) consecutive years and an Appreciation Award from CEO for my performance in supervising PAN India Legal & Liaisoning Team.

    Thereafter, I joined Videocon Group as Deputy Manager, Videocon Telecommunication Ltd. and I was responsible for Litigation and Contract Management. I have handled highly reported 2G Litigation matters in Videocon.

    Working with Future Group and Videocon Telecommunications Ltd. was a defining period in my career. These roles taught me the importance of aligning legal strategies with business objectives. 

    This experience has been instrumental in shaping my approach to corporate consultancy, where the focus is not just on legal compliance but on facilitating business growth and protecting intellectual assets in a strategic manner.

    Your firm, NAKS & Associates, operates in more than 700 districts in India, which is quite impressive. What strategies have you implemented to ensure such extensive coverage and maintain high-quality legal services across different regions?

    With the increase in technology and awareness in the small Cities, the litigations against the companies are also increasing day by day. Due to increase in consumer cases, Civil Cases, Criminal Cases and others litigation, big corporates are facing the problems of appointing counsels at various places in India including small cities to represent them even at the remote locations. I faced similar kind of difficulties when I was working in Future Group and Videocon and these difficulties motivated me to start Naks in this concept to provide Pan India Litigation services support to our clients where they get representations even at far reaching locations. 

    The strategy for achieving extensive coverage while maintaining high-quality legal services hinges on leveraging technology and building a strong network of legal professionals. We’ve implemented robust training programs to ensure uniformity in service quality and employed technology to manage cases efficiently across different regions. This blend of human expertise and technology enables us to serve our clients even in far corners of the country with a high standard of legal assistance.

    As a Fellow member of the Institute of Company Secretaries of India, what advice would you give to young professionals aspiring to build a successful career in corporate law and litigation?

    For those aspiring to build a career in corporate law and litigation, my advice is to join the Company Secretaryship Course. 

    A ‘Company Secretary’ is a senior, strategic-level corporate professional who plays a leading role of a Key Managerial Personnel (KMP) entrusted with the responsibility of the company’s Corporate Governance. Corporate Governance is more than just complying with laws, regulations, standards and codes; it is also about creating a culture of good management practices. The position of a Company Secretary as the KMP comes close to that of the Chief Executive Officer or the Managing Director and underlines the importance of the role played by him in the company. 

    After completing Company Secretary course, one has enormous opportunity to become KMP, Secretarial Heads, Head Contract Manager, Compliance Head, Regulatory heads, General Counsel, Practicing Company Secretary, Insolvency Professional, Registered valuer, Appearance before various tribunals. 

    Young professionals can build successful careers in corporate law and litigation by continuous Learning and Practice. The legal field is ever-evolving, and success requires not just a solid foundation in law but also an understanding of business principles and technological advancements. Focus on building a diverse skill set that includes legal expertise, business acumen, and emotional intelligence.

    Balancing a successful legal career with social responsibility and community service can be demanding. How do you manage to juggle these responsibilities effectively?

    Balancing a demanding legal career with social responsibility involves setting clear priorities and being passionate about your social initiatives. For me, initiatives like Pink & Blue are not just additional responsibilities but integral part of my professional identity. Effective time management and a supportive team are crucial in managing these dual aspects seamlessly. Decentralising decision making at execution level, wherever necessary and having established a tried & tested reporting system helps minimizing any unfortunate incident of error in the system which indirectly helps me spare some moments for initiatives like Pink & Blue.

    Given your extensive experience and expertise, what are your thoughts on how the current generation can better understand their strengths and identify the right career path for themselves, especially in the legal profession or corporate world? Do you have any advice on discovering one’s true calling and leveraging their strengths effectively?

    Understanding one’s strengths and finding the right career path requires introspection and exposure to different experiences. I encourage the current generation to seek mentorship, engage in diverse internships, and participate in community service to gain a broader perspective. Discovering your true calling is a journey of exploring your passions and how they align with your professional aspirations. Embrace opportunities to learn and grow, and don’t be afraid to chart your own path in the legal profession or any field you’re passionate about.

    Get in touch with Awanish Srivastava-

  • “By maintaining open communication channels and fostering a culture of compliance within the organization, I have been able to strike a balance between these sometimes conflicting priorities”- Divya Chandrasekaran, Founder, iPACT LEGAL

    “By maintaining open communication channels and fostering a culture of compliance within the organization, I have been able to strike a balance between these sometimes conflicting priorities”- Divya Chandrasekaran, Founder, iPACT LEGAL

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share with us your journey from law school to becoming a seasoned counsel, highlighting some pivotal moments or experiences that shaped your career path?

    My journey from law school to becoming a seasoned counsel has been quite an adventure! There were many pivotal moments and experiences that have helped shape my career path. Starting as a trainee in a top law firm, I learned the ropes from my seniors in the corporate team. I remember feeling a bit intimidated at first, but they were so supportive and patient with me, which really helped me grow and develop. Moving to the Intellectual Property team allowed me to handle huge IP portfolios and gain experience with national and international filings and directly managing the clients. It was quite a challenge, but I loved it! Transitioning to in-house counsel roles at large FMCG and pharmaceutical companies provided me with the opportunity to delve into the business side of legal practice, which was really fascinating. These experiences have been instrumental in shaping my approach to legal practice and have helped me develop a unique perspective that combines legal expertise with a deep understanding of business dynamics.

    You’ve had a diverse range of experiences, both in law firms and in-house roles. How have these different environments contributed to your skill set and approach to legal practice?

    Yes, while starting my own firm was always on the radar, I wanted to be well-prepared and well-equipped for that and I felt it is important to have sufficient experience in Firms and in-house roles for holistic professional growth. Working in both law firms and in-house roles has really helped me develop a well-rounded skill set and approach to legal practice. In law firms, I honed my legal knowledge and expertise in understanding the intricacies, and the art of handling clients, while in-house roles allowed me to gain a broader perspective on the intersection between law and business. It’s been really interesting to see how the two sides of the legal profession work together to achieve common goals. This combined experience has been my USP that sets me and my firm apart. The blend of these experiences has helped me develop a strategic and practical approach to legal practice, where I am able to not only provide sound legal advice but also offer valuable insights on how legal considerations can impact business outcomes.

    As a strategic partner for organizations, you’ve been involved in business development and advising on key initiatives while ensuring risk mitigation and compliance. Could you elaborate on how you balance these sometimes conflicting priorities?

    Balancing business development, risk mitigation, and compliance can be quite challenging at times. As a strategic partner for organizations, my approach is to prioritize risk mitigation and compliance while also supporting key initiatives that drive business growth. This often involves conducting thorough risk assessments, collaborating closely with stakeholders, understanding the practical challenges and pain points, and proactively identifying potential legal issues. By maintaining open communication channels and fostering a culture of compliance within the organization, I have been able to strike a balance between these sometimes conflicting priorities. As a thumb rule, I ensure that Compliance and adherence to Law in its Letter and Spirit is pivotal for the sustainable and scalable growth of any Organisation and as the Legal Counsel, it is one’s responsibility to guide the management of the Companies in the right direction.

    Throughout your career, you’ve been involved in negotiating, vetting, and drafting high-stake contracts. Can you share any strategies or approaches you’ve found particularly effective in these processes?

    Negotiating, vetting, and drafting key contracts is something I Love and am always excited about! But over the years, I’ve developed some effective strategies and approaches that have helped me in these processes. One of the most important things is to thoroughly understand the needs and objectives of both parties involved in the contract. This allows me to tailor the contract terms accordingly and ensure that everyone’s needs are met while complying with all statutory requirements. Additionally, maintaining clear communication throughout the negotiation process, paying attention to detail, and seeking input from relevant stakeholders can help ensure that the final contract accurately reflects the agreements reached by both parties. Another crucial aspect is to interact with the respective department which deals with that particular project, to understand the background, the practical challenges, and the probable risks while drafting, reviewing, or negotiating a water-tight and robust contract. Lastly, following red-lining etiquette and ensuring that you have proper and valid reasoning and rationale for every change made, accepted or rejected is the most effective strategy and art of vetting and negotiating a contract.

    Given your experience in supporting business development projects and signing commercial contracts with partners across various regions, what are some challenges you’ve faced in navigating international legal landscapes, and how have you overcome them?

    Navigating international legal landscapes can present unique challenges due to differences in laws, regulations, language barriers, and business practices across regions. To overcome these challenges, it is crucial to conduct comprehensive research, seek local legal expertise when needed, and establish strong working relationships with local partners. By staying informed about international legal developments and adapting to the cultural nuances of different regions, I have been able to effectively navigate complex legal landscapes and support business development projects across various regions including APAC, AFMET, CIS, LATAM, US, UK and Japan. Yet another major challenge in cross border deals and the most negotiated clauses would be the jurisdiction, dispute resolution and applicable law clauses. The Company and counsels, before deciding on the jurisdiction and applicable laws, have to factor in various aspect such as the costs involved in dispute resolution in a jurisdiction, the practicality of adherence to foreign laws, the risks involved and how stringent/lenient the laws of such country are with respect to the subject matter. 

    There have been interesting instances where some foreign counsels deleted or modified clauses saying it is not in line with their laws, and when we delved deep and tried to understand their laws, it was not the case. Hence while working on cross-border deals, it is important to not just go by the other Party’s interpretation of laws, but personally verify it from our end, either in-house or by seeking local expertise in those countries. 

    Your role has also involved working with cross-functional teams across multiple departments. How do you ensure effective communication and collaboration in such diverse settings?

    Absolutely! The key to successful outcomes in diverse settings is to prioritize open and transparent communication. I actively seek input from all departments involved in a transaction and encourage a collaborative work environment. By fostering a culture of mutual respect and shared goals, I have been able to facilitate effective teamwork and drive successful outcomes across multiple departments. Additionally, I make sure to take approvals, denials, or comments from cross-functional teams in writing and ensure that all stakeholders/relevant departments are marked in such communications to allow other stakeholders to raise any concerns or discussions if any. If it is an oral discussion, I send out the Minutes of the Meeting. This helps ensure that all discussions are recorded and can be referred to later if needed.

    Mentorship and team development seem to be important aspects of your leadership style. Could you share some insights into how you nurture talent within your team and promote their professional growth?

    Yes, I truly believe in nurturing talent within my team by providing opportunities for professional growth and development. I set clear expectations, offer constructive feedback, and empower team members to take on new challenges. Allowing and encouraging the team members to take ownership of every single task they handle, not just gives them confidence, but also makes them accountable for their assignments. Instead of giving them the answers, I tell them how to find the solution. This helps them handle any situation even in my absence and makes them better professionals. Having regular team meetings and brainstorming sessions has helped the team handle their workload meticulously and be abreast of the laws. I also believe in being open to feedback and constructive criticism, as it helps me and my team grow professionally. As Lawyers, it is important that we agree to disagree!

    Looking back at your journey, what advice would you offer to fresh law graduates who are about to embark on their own careers in the legal field?

    I would advise fresh law graduates to invest in continuous learning and professional development to stay abreast of legal developments and industry trends. 

    While it is easy to generate opinions or contract drafts using AI, it is important that every document is drafted meticulously and one understands the rationale behind every line that goes into a contract/document and mastering the art of interpretation. While AI is an effective tool that helps you work smart, it should not be a replacement for your hard work. Mere copy-pasting of language can land up being more dangerous and expensive than one can imagine. 

    Seek mentorship and guidance from experienced legal professionals to gain valuable insights and perspectives. No doubt is a silly doubt, never refrain from asking questions or getting clarification.

    Build strong relationships with colleagues, clients, and industry peers to expand your network and opportunities for growth. Embrace challenges and opportunities for growth, as they provide valuable learning experiences that can shape your career path. 

    Above all, approach your legal career with passion, dedication, and a commitment to excellence in all that you do. All the very best!

  • “ADR is the present and also the future, and the earlier we understand this, the chances of growth will be faster. ADR is not only efficient but also cost-effective.” – Nivedita Shree, Founding Partner of Shree & Associates

    “ADR is the present and also the future, and the earlier we understand this, the chances of growth will be faster. ADR is not only efficient but also cost-effective.” – Nivedita Shree, Founding Partner of Shree & Associates

    This interview has been published by Namrata Singh and The SuperLawyer Team

    You’ve had a diverse and extensive career in law. Could you share with us how you ventured into the legal profession and what inspired you to specialize in litigation? Could you please walk us through your journey from your college days to where you are today?

    As I was pursuing my high school in Bhavan’s Gandhi Vidyashram, Kodaikanal, like any other family, I was also asked to pursue my career in engineering. However, I was clear I wanted to be a lawyer and fancied those black gown and the band. Pursued my B.A.LL.B from Bangalore University and LL.M from Hidayatullah National Law University. I was placed in a law firm dealing with international trade. Despite the work being amazing, somehow it did not satisfy my desire for the band and those “My Lord” moments. I later on switched my job but finally I started with my career in litigation and since then there has never been a day that I have regretted my decision.

    Shree & Associates is renowned for its expertise in Civil, Corporate, and Family Law among other areas. What motivated you to establish this boutique law firm, and how do you differentiate your services from larger firms?

    When I started my career in litigation, I was overwhelmed by the work and pay disparity. And then while practicing I realized that only two things work:- Dedication and timely delivery of solutions to the client. Clients need to be satisfied and we being lawyers have to be very good listeners. I remember while dealing with matrimonial disputes, I have even acted and taken up a title as a marriage counselor. Just having knowledge of law will not suffice. One has to be lawyer with empathy and should also be ready to understand the agony of client. It has also taught me to be resilient.

    While practicing in district court, one should be ready to face a high profile client and also a client from village who speaks only the local dialect. The spectrum of clientele is big and so is the paying capacity. Having a fixed fees does not work in lower courts and to start the career, fees should not be priority. Number of cases matters as you get to research and learn and present the best you can at that moment of time.

    When I started practicing the big advantage I had was the knowledge of local language and the local history pertaining to land, So when somebody referred to a particular document I knew what exactly did he want to say. In Jharkhand a lot of old documents pertaining to land is written in “Kaithi” which is in devangiri script but tough to understand and read. So knowledge of that helped to gain a lot of civil matters. It is very surprising that even today in few district courts computer literacy of lawyers is quiet low.

    Client nowadays need speedy disposal of their cases and if we are in a position to convince the parties to go for mediation or arbitration, it is a win win for all.

    Shree & Associates is a boutique firm and the lawyers in the firm are very well versed with the local laws and also updated with technology and ready to work and settle the dispute by alternative methods.

    Your involvement in Corporate Law, particularly with the Real Estate Regulatory Authority and the National Company Law Tribunal, suggests a broad scope of legal expertise. How do you manage to navigate such diverse legal landscapes effectively?

    Firm assists clients in establishing sound corporate governance structures, ensuring compliance with regulations, and fostering ethical business practices. Our team is very closely knitted and takes care of needs and specific details of the client while dealing with the boards of directors and executive teams. We can relentlessly work to create a framework in a company to enhances transparency, accountability, and overall organizational effectiveness. We have been very fortunate to not have lost any matter in NCLT so far. NCLT

    With the growth in Real estate sectors in form of apartments, even  in small town, it has opened new avenues. Before RERA, matters were usually sorted out amicably wherein a lot of time the buyers were not very satisfied with the service provided by builders or the land owners, but with new laws in force, the scenario has changed and the buyers are now more vigilant pertaining to their rights. Real estate litigation is complex and involves multiple parties, extensive discovery, expert testimony, and specialized legal issues. It’s essential for parties involved in real estate disputes to seek experienced legal representation to navigate the complexities of the legal process and protect their rights and interests. We at our firm have specialized team working specifically in this field to provide the best remedy and solutions to the client.

    Our team has been very dedicated team of young energy and expertise of senior lawyers. Despite being a firm working at grassroot level and growing upwards, our sole moto of client satisfaction has also been taken care of.

     In addition to your professional achievements, you’ve presented papers on Corporate Governance and participated in international conferences. How do you balance your legal practice with academic pursuits?

    I am also a Guest Faculty in University Law College, Vinoba Bhave University, Hazaribag, where I (when time permits) take classes on the practical application of procedural laws, usage of evidence act in trial and also in civil matters and the importance of Local land laws for proper understanding of  roots of the civil dispute.

    One must invest in continuing legal education and be updated with current development in laws. This will definitely give a niche above others.

     Your bio indicates a passion for mediation and arbitration. How do you believe alternative dispute resolution methods contribute to the legal landscape, and what advantages do they offer over traditional litigation?

    ADR is the present and also the future and the earlier we understand this, the chances of growth will be faster. ADR is not only efficient but also cost effective. In today’s time, nobody wants to get “tarikh pe tarikh”. One is ready to spend a little higher to get quick, easy and effective solutions to their problem. In such a situation, the best option is that of mediation and arbitration. Best part of ADR is that it can be tailored to the specific needs and preferences of the parties involved.

    Given your vast experience in the legal profession, what do you believe the current generation of aspiring lawyers can do to carve out successful and fulfilling careers in law amidst evolving societal and technological landscapes?

    I have also recently posted on my Linkedin profile regarding the same. There are a lot of  pointers but the few are hard work, professional ethics, managing client expectations, being resilient, being updated with new laws and cases are important for learning and growing. The current generation are technologically way more advanced and this will help them to work smartly. Aspiring lawyers needs to have at least few pointers mentioned above to have a positive trajectory of growth in field of litigation.

    You’ve been actively involved in legal practice across different regions of India. How do you adapt your approach to suit the unique legal environments and cultural contexts of each location?

    I alongwith the team, travel a lot and appear in various courts all over India both physically and virtually. Every court has its own way of working and pace to resolve the cases. One important point is to always have a local team or a lawyer to understand the local scenario of courts and work culture, until we branch out to various places. It has also given our firm cases and matters which would not have been accessible otherwise.

     Apart from your legal expertise, what are some personal hobbies or interests that you enjoy outside of work, and how do they contribute to your overall well-being and professional effectiveness?

    I spend my time exploring new places, spending quality time with my kids and paint when ever I can. I love cooking  as well so when ever I am not loaded with work I try allocating time and enjoy my fullest. It is more like setting a reset button. I love the work I do so there is no “job stress” and thus makes me little more efficient in the work I do.

    Your educational journey has taken you to various parts of India, including Nepal. Could you share how these diverse experiences have shaped your perspective, and what factors led to your decision to settle in Jharkhand, establishing your practice there?

    Well, my father was an employee in State Bank of India. I pursued my primary and middle school education in various small towns in Jharkhand. Later since my father was being transferred every 3 years, I was put in boarding School, Delhi Public School situated in Dharan, Nepal, where I completed my 10th std. While in 10th std. I came to know about Bhavan’s Gandhi Vidyashram located in Kodaikanal, Tamil Nadu through a brochure given by my parents. I was very keen in joining for many reasons but one most important being my love for south Indian cuisine. Pursued my High School in Kodaikanal. Thereafter, since, I wanted to pursue B.A.LL.B, Bangalore was my first preference then. Got my degree from Bangalore Institute of Legal Studies, Bangalore.

    I always had desire to earn a specialization in corporate and also have a masters degree, I applied for few Universities in United Kingdom. I got offer letters from Edinburgh University, Manchester University and also from Cardiff University. However, that was the year when CLAT(PG) had also started for the first time and I like any other law graduate aspiring for masters, appeared in the test. Got AIR 162 and got into Hidayatullah National Law University, Raipur. Since I could not get a scholarship and the fees being high in Universities in U.K., I preferred joining HNLU, Raipur and I think it was a great decision. Got placed before completion of my course and since then I have never looked back.

    While travelling to different places, I learned various languages and I am now proficient in Nepali, Tamil, Kannada and ofcourse my mother tounge, Maghi. Since I have travelled so much in India, it has expanded my horizon. Experiencing different ways of life and witnessing socio-economic disparities has lead to perspective shifts and introspection and these factors affect positively, while we deal with clients in the firm.

    Since, Jharkhand is my home state, I wanted to establish my practice base in Jharkhand. Staying close to family and loving the work I do, is nothing less than bliss and I am filled with gratitude.

    With your extensive experience and expertise, what qualities or characteristics do you typically look for in students who apply for internships or seek training opportunities at Shree & Associates? How do you nurture and mentor aspiring legal professionals to help them thrive in the field?

    Well, the firm has been very open in getting interns every now and then. We have a selection process wherein we look into the academic background and  schedule an interview via meet or if possible personally in the office. The most important aspect that we look is the desire to learn. A person has to have a desire to learn and grow and then ofcourse the mundane questions of reason for joining the firm etc.

    The new members joining us as an associate, are firstly provided with clear objective as to what are motive and vision is and the work ethics and environment in the firm. Emphasis is given on continuous learning and by providing constructive feedback so that they can self assess and learn.

    Beyond your primary areas of legal practice, such as Civil, Corporate, and Family Law, are there any specific niche areas or emerging legal domains that particularly pique your interest or passion? How do you see these areas evolving, and what draws you to explore them further?

    With the advancement in technology and advent of Artificial Intelligence in law, Technology law along with AI  and Robotics law is one evolving area which I would like to explore and have a dedicated team for this.

    Get in touch with Nivedita Shree-

  • “Educate yourself, stay updated, gain practical experience, network, and consider ethical implications. By following these steps, aspiring individuals can position themselves for success in the dynamic field of cyber law.” – Shōnan K Mahajan, Founder of Wizcyber 

    “Educate yourself, stay updated, gain practical experience, network, and consider ethical implications. By following these steps, aspiring individuals can position themselves for success in the dynamic field of cyber law.” – Shōnan K Mahajan, Founder of Wizcyber 

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Your career trajectory took a fascinating turn from working in operations management at an Air Hostess Academy to pursuing law. What inspired or motivated this shift in your professional focus, and was there a specific event or realization that sparked your interest in this field?

    My shift in professional focus from operations management to law was motivated by a desire for intellectual challenge and a deeper engagement with the legal system. The decision to pursue law was not precipitated by a single event, but rather a gradual realization of my passion for justice, advocacy, and the complexities of the legal framework. However, my fascination with legal principles and their diverse applications burgeoned during my involvement with Lawrato, where I partnered with Mr. Rohan Mahajan in managing backend legal operations. It was during this time that the decision to pursue a career in law crystallized for me. I delved deeper into understanding the legal landscape, I found myself drawn to its intricacies and the potential to make a meaningful impact through legal practice.

    Ultimately, the transition to law represented a natural evolution of my career aspirations, aligning with my values of fairness, integrity, and a commitment to serving others. I am excited about the opportunities that the field of law presents for personal and professional growth, and I am eager to contribute my skills and experiences to this dynamic and rewarding profession.

    Your initiative, WizCyber, aims to promote cyber safety and awareness globally. What inspired you to establish this platform, and what impact do you hope to achieve?

    The inspiration behind establishing WizCyber stemmed from witnessing the increasing prevalence of cyber threats and the profound impact they have on individuals, businesses, and society as a whole. Collaboration with Col. Sanjeev Relia (Retd.) in this initiative we recognized the critical need for proactive measures to address these challenges, I felt compelled to take action and contribute to the collective effort in safeguarding digital environments.

    As technology continues to advance rapidly, so do the tactics employed by cyber criminals, making it essential for individuals and organizations to stay informed and equipped with the necessary knowledge and tools to protect themselves. WizCyber was founded with the vision of empowering people with practical cybersecurity guidance, resources, and educational content to navigate the digital landscape safely and confidently.

    After been appointed as Empaneled Faculty  with  Institute of Secretariat Training and Management, Government of India, driven by a passion for mentoring and guiding students and aspiring professionals, conducting campaigns in Various schools and corporates globally. Our primary goal is to make a tangible impact by raising awareness about cybersecurity best practices, providing actionable insights to mitigate risks, and fostering a culture of cyber resilience across diverse communities worldwide. Through collaborative partnerships, educational initiatives and advocacy efforts, we aspire to create a safer online ecosystem where individuals and organizations can thrive securely.

    We believe that by fostering a proactive approach to cybersecurity and empowering individuals with the right knowledge and skills, we can significantly reduce the incidence of cyber threats and their associated impacts. Our ultimate aim is to contribute to a safer and more secure digital future for all.

    With your experience in handling various cases on cybercrime, could you shed light on some common misconceptions people have about cyber threats?

    One prevalent misconception is that only large corporations or high-profile individuals are targeted by cybercriminals. In reality, cyber threats do not discriminate based on size or status; individuals, small businesses, and organizations of all types are vulnerable to attacks. Cybercriminals often exploit vulnerabilities in software, weak passwords, or unsuspecting users to gain unauthorized access to personal or sensitive information.

    Another misconception is that antivirus software provides complete protection against all cyber threats. While antivirus software is an essential component of cybersecurity, it is not a foolproof solution. Cyber threats continue to evolve, with sophisticated malware and social engineering tactics bypassing traditional antivirus measures. Therefore, it’s crucial for individuals and organizations to implement a multi-layered approach to cybersecurity, including regular software updates, strong password management, and user awareness training.

    Additionally, there is a misconception that cybersecurity is solely a technical issue and not a human one. While technology plays a significant role in mitigating cyber threats, human behaviour also contributes to cybersecurity vulnerabilities. Factors such as phishing scams, social engineering tactics, and careless handling of sensitive information can pose significant risks. Therefore, raising awareness and educating users about cybersecurity best practices is essential in minimizing these human-related risks.

    Lastly, some people believe that cyber threats are isolated incidents and not a continuous, ongoing threat. However, cyber threats are persistent and constantly evolving, with cybercriminals adapting their tactics to exploit new vulnerabilities and technologies. Therefore, cybersecurity should be approached as an ongoing process rather than a one-time solution, with regular assessments, updates, and training to stay ahead of emerging threats.

    By addressing these common misconceptions and promoting a better understanding of cyber threats, we can empower individuals and organizations to take proactive steps towards enhancing their cybersecurity posture and reducing their risk exposure.

    As a mentor to students and professionals, what advice would you give to the current generation aspiring to pursue a career in cyber law or cybersecurity?

    For those considering a career in cyber law or cybersecurity, I would offer the following advice:

    Educate Yourself: Begin by building a solid foundation of knowledge in both law and cybersecurity. Pursue relevant educational opportunities, such as degree programs, certifications, and workshops, to develop expertise in these areas.

    Stay Updated: The field of cybersecurity is constantly evolving, with new threats and technologies emerging regularly. Stay informed about the latest developments, trends, and best practices through continuous learning and professional development.

    Gain Practical Experience: Seek out opportunities to gain hands-on experience in cybersecurity through internships, volunteer work, or entry-level positions. Practical experience will not only enhance your skills but also provide valuable insights into real-world challenges and solutions.

    Network: Connect with professionals in the field of cyber law and cybersecurity through networking events, industry conferences, and online communities. Building relationships with experienced professionals can provide mentorship, guidance, and potential career opportunities.

    Develop Soft Skills: In addition to technical skills, cultivate soft skills such as communication, problem-solving, and critical thinking. Effective communication and collaboration are essential for success in both cyber law and cybersecurity roles, particularly when interacting with diverse stakeholders.

    Ethical Considerations: Aspiring professionals in cyber law and cybersecurity must also consider ethical implications and responsibilities. Uphold ethical standards, respect privacy rights, and prioritize the ethical use of technology in your work.

    By following these pieces of advice and remaining dedicated to continuous learning and growth, aspiring individuals can position themselves for success in the dynamic and rewarding field of cyber law and cybersecurity.

    Given your extensive experience, could you share some key trends or emerging challenges in cyber law that professionals should be aware of?

    As the digital landscape continues to evolve, several trends and challenges are shaping the practice of cyber law and requiring the attention of legal professionals:

    Cybersecurity Incident Response: As cyber threats become more sophisticated and prevalent, organizations are increasingly experiencing cybersecurity incidents such as data breaches and ransomware attacks. Cyber law professionals must be well-versed in incident response protocols, breach notification requirements, and legal obligations to mitigate the impact of cyber incidents on their clients.

    Cybercrime Prosecution: The rise of cybercrime poses significant challenges for law enforcement and legal professionals. From cyber fraud and identity theft to cyber espionage and online harassment, prosecuting cybercriminals requires specialized knowledge of digital forensics, jurisdictional issues, and international cooperation frameworks.

    Artificial Intelligence and Automation: The integration of artificial intelligence (AI) and automation technologies presents both opportunities and challenges in the realm of cyber law. Legal professionals must grapple with complex legal and ethical considerations surrounding AI algorithms, autonomous systems, and liability for AI-driven decisions.

    Regulation of Emerging Technologies: Emerging technologies such as blockchain, Internet of Things (IoT), and cryptocurrency present novel legal issues and regulatory challenges. Cyber law professionals need to anticipate regulatory developments, advise clients on compliance strategies, and navigate legal uncertainties associated with these technologies.

    By staying informed about these key trends and emerging challenges, legal professionals can effectively navigate the complex and rapidly evolving landscape of cyber law and provide valuable guidance to their clients.

    Apart from your work in cyber law, you’ve also assisted various startups. How do you think entrepreneurship intersects with cybersecurity, especially for new ventures?

    Entrepreneurship and cybersecurity are closely intertwined, especially for new ventures that are navigating the complexities of the digital landscape. As startups innovate and develop new products or services, they must also prioritize cybersecurity to protect their assets, data, and reputation. Here are some key points to consider:

    Risk Management: Cybersecurity is a critical aspect of risk management for startups. New ventures often have limited resources and may be particularly vulnerable to cyber threats due to their innovative technologies or lack of robust security measures. Therefore, entrepreneurs must proactively identify and mitigate cybersecurity risks to safeguard their business operations and intellectual property.

    Investor Confidence: Investors and stakeholders increasingly consider cybersecurity readiness as a factor when evaluating startup opportunities. Demonstrating a proactive approach to cybersecurity can enhance investor confidence and differentiate a startup in a competitive market landscape.

    Customer Trust: Building and maintaining customer trust is paramount for startups. Strong cybersecurity practices reassure customers that their data is protected, fostering long-term relationships and loyalty. Conversely, a data breach or security incident can severely damage a startup’s reputation and credibility.

    Cybersecurity Culture: Cultivating a culture of cybersecurity awareness and responsibility is vital for startups. Employees should be educated about cybersecurity best practices, trained to recognize and respond to potential threats, and encouraged to report security incidents promptly.

    Partnerships and Collaboration: Startups can benefit from partnerships and collaborations with cybersecurity experts, industry associations, and government agencies. Engaging with the broader cybersecurity community can provide access to resources, expertise, and support to strengthen cybersecurity posture.

    Overall, entrepreneurship and cybersecurity are complementary aspects of building a successful startup in today’s digital economy. By integrating cybersecurity into their business strategies and operations, entrepreneurs can mitigate risks, enhance trust, and position their ventures for sustainable growth and success.

    Despite your extensive experience and accomplishments in the field, what inspired you to pursue a Ph.D. in Cyber Protection Management at this stage of your career?

    The decision to pursue a Ph.D. in Cyber Protection Management stems from a combination of factors, including a deep-seated passion for advancing knowledge in cybersecurity, a commitment to lifelong learning, and a desire to make a significant contribution to the field.

    Despite my years of experience and achievements, I recognize that cybersecurity is a rapidly evolving and multifaceted domain, continually presenting new challenges and opportunities for innovation. A Ph.D. program offers a structured environment to delve deeper into specialized areas of cybersecurity, conduct original research, and develop expertise that can contribute to addressing pressing cybersecurity issues.

    Moreover, pursuing a Ph.D. aligns with my long-term career goals of becoming a thought leader and subject matter expert in cybersecurity. By engaging in rigorous academic inquiry and scholarly discourse, I aim to broaden my understanding of complex cybersecurity concepts, refine my analytical skills, and develop innovative solutions to real-world cybersecurity challenges.

    Additionally, earning a Ph.D. opens doors to opportunities for teaching, mentoring, and disseminating knowledge to future generations of cybersecurity professionals. I am passionate about sharing my insights and experiences with aspiring cybersecurity practitioners and contributing to the education and training of the next wave of cybersecurity leaders.

    Ultimately, pursuing a Ph.D. in Cyber Protection Management represents a natural progression in my career journey, allowing me to deepen my expertise, expand my professional network, and make a meaningful impact on the field of cybersecurity.

    With such a dynamic and demanding career, how do you unwind and recharge outside of your professional endeavors? Could you share some of your favorite hobbies or relaxation techniques that help you maintain balance amidst your busy schedule?

    Balancing work and personal life is essential for maintaining overall well-being and productivity. Here are some of my favorite hobbies and relaxation techniques that help me achieve balance amidst my busy schedule. Spending time outdoors with my kids and pet allows me to disconnect from technology and reconnect with nature. Whether it’s hiking in the mountains, cycling along scenic trails, or simply taking a leisurely walk in the park, being outdoors helps me clear my mind and rejuvenate my spirit.

    Reading: Reading is one of my favorite pastimes and a great way to unwind after a long day. Whether it’s fiction, non-fiction, or professional literature related to my field, immersing myself in a good book helps me relax, gain new perspectives, and expand my knowledge.

    Exercise and Fitness: Physical activity is essential for maintaining both physical and mental well-being. Whether it’s hitting the gym, practicing yoga, or going for a run, regular exercise helps me relieve stress, boost my mood, and increase my energy levels.

    Quality Time with Loved Ones: Being a mother of twins I love spending time with my children and my pet, it is invaluable for maintaining work-life balance. Whether it’s sharing a meal, watching a movie, or simply having meaningful conversations, connecting with loved ones helps me recharge and cultivate a sense of belonging and support.

    Mindfulness and Meditation: Practicing mindfulness and meditation techniques helps me cultivate inner peace, reduce stress, and improve focus and clarity of mind. Taking a few moments each day to practice mindfulness allows me to center myself and approach challenges with a calm and balanced perspective.

    By incorporating these hobbies and relaxation techniques into my routine, I am able to maintain a sense of balance and well-being amidst the demands of my professional career.

    As a cyber law expert deeply involved in cyber safety initiatives, could you share some practical tips for our readers on how they can protect themselves from cyber threats or cybercrime in their daily lives?

    Here are some practical tips for protecting oneself from cyber threats or cybercrime in daily life:

    Use Strong, Unique Passwords: Create complex passwords for your accounts, using a combination of letters, numbers, and special characters. Avoid using easily guessable information such as birthdays or pet names. Consider using a password manager to securely store and manage your passwords.

    Enable Two-Factor Authentication (2FA): Whenever possible, enable two-factor authentication for your online accounts. This adds an extra layer of security by requiring a secondary form of verification, such as a code sent to your mobile device, in addition to your password.

    Keep Software Updated: Regularly update your operating system, web browsers, antivirus software, and other applications to patch security vulnerabilities and protect against known threats. Enable automatic updates whenever possible to ensure timely protection.

    Be Wary of Suspicious Emails and Links: Exercise caution when opening emails or clicking on links from unknown or suspicious sources. Be vigilant for phishing attempts, where attackers impersonate legitimate entities to trick you into revealing personal information or downloading malware.

    Secure Your Devices: Use encryption and security features such as device passcodes, biometric authentication (e.g., fingerprint or face recognition), and remote wipe capabilities to protect your smartphones, tablets, and computers from unauthorized access.

    Practice Safe Browsing Habits: Be cautious when accessing websites, especially those that require you to enter personal or financial information. Look for HTTPS encryption and reputable security seals. Avoid downloading software from untrusted sources, as they may contain malware.

    Protect Your Personal Information: Limit the amount of personal information you share online, especially on social media platforms. Be mindful of the privacy settings on your accounts and consider what information you make publicly available.

    Monitor Financial Accounts Regularly: Regularly review your bank and credit card statements for any unauthorized transactions or suspicious activity. Report any discrepancies to your financial institution immediately.

    Backup Your Data: Regularly backup important files and data to a secure external hard drive, cloud storage service, or backup solution. This ensures that you can recover your information in the event of data loss or ransomware attacks.

    Stay Informed and Educated: Keep yourself updated on the latest cyber threats, scams, and best practices for cybersecurity. Attend cybersecurity awareness training, read reputable cybersecurity blogs or news sources, and share knowledge with friends and family.

    By following these practical tips and adopting a proactive approach to cybersecurity, you can better protect yourself from cyber threats and minimize the risk of falling victim to cybercrime in your daily life.

  • “Fostering effective collaboration is fundamental, whether engaging in negotiations or providing legal support, this entails a comprehensive approach grounded in clear communication, cooperation, and trust.” – Sudershani Ray, Partner at VantaLegal

    “Fostering effective collaboration is fundamental, whether engaging in negotiations or providing legal support, this entails a comprehensive approach grounded in clear communication, cooperation, and trust.” – Sudershani Ray, Partner at VantaLegal

    This interview has been published by Namrata Singh and The SuperLawyer Team

    You’ve had an extensive career spanning over 13 years in law. What initially drew you to this profession, and how has your journey been so far?

    Law was not my first choice, I always dreamt to become a doctor. But there was no way I could have made it to a medical college, as I was not good in maths and science.  20 years back  professions like law, engineering, and medicine were highly respected and prestigious, the level of respect they receive can fluctuate for a variety of reasons.  So, I decided to pursue law to serve the community. Just as doctors work to heal and improve the health of individuals, lawyers work to uphold justice, protect rights, and ensure fairness within the legal system.

    What inspired you to specialize in divorce law, service matters, civil, and criminal law?

    At my law school I intended to become a corporate lawyer or work for corporates during my internships I discovered a passion for litigation.  

    As a junior I worked in the chamber of prominent lawyers such as Advocate Neelima Tripathi( now senior advocate) , Advocate Gurang Kanth( now Justice Guarang Kanth), Advocate Suparna Srivastava wherein each day was  a learning experience, with victories and setbacks alike serving as fuel for my determination to continuously improve.

    Working in the chamber of my seniors I wealth of knowledge in field of civil law and property law which enabled me to lay a strong foundation in the civil law and property law.

    Why I became a family lawyer?

    This is a question I, admittedly never actually asked myself before, that is until in 2015 when I started considering for opting an additional specialization.  I sat down and actually asked myself … well , why did you  want to become a family lawyer in the first place?

    The answer I discovered was quite simple?

    I am an empathic person, who likes to help people, I love to listen to people’s problems and help guide them through sometimes the most difficult time in their lives.  When you’re going through a divorce, there’s a lot on the line. From your finances to your home and even the time that you spend with your children, it will all be a part of your pending divorce. Being a good Family Lawyer is to be understanding and empathetic, without becoming emotionally involved in your client’s life.

    Family Law is a difficult area of law, it is emotional for clients as they are often at their most vulnerable, people are frustrated with delays and costs (both of which are increasing each year), and no-one ever really wins. But at the end of the day, I would say in nearly every case I have advised or acted for someone I can look back and say I helped that person (even if it was only in a small way) and that is what matters to me and what makes it all worth it.

    You’ve been practicing independently for quite some time now. What motivated you to establish your own firm, RAY & ASSOCIATES?

     Establishing my own firm, RAY & ASSOCIATES, was a decision driven by a combination of ambition, capability, and a desire for autonomy. After gaining valuable experience practicing independently, I felt compelled to create a platform where I could orchestrate operations according to my vision and values. The motivation stemmed from a deep-seated belief in my abilities and the conviction that I could lead a team to success. Founding my own firm allowed me to cultivate an environment where I and my associates could work collaboratively, pooling our strengths and expertise to achieve common goals. Moreover, the opportunity to work on my own terms, setting the pace and direction of our endeavour’s, was immensely empowering. By establishing RAY & ASSOCIATES, I aimed to create not just a business, but a supportive and inspiring workplace where every team member feels valued and motivated to excel. This journey has been fueled by a relentless determination to innovate, grow, and make a meaningful impact in the legal landscape, driving us forward with passion and purpose.

    We understand that you specialize in matrimonial disputes among other legal areas. Can you share some insights or experience from one of your cases where the lady paid alimony to her husband? How do you approach such cases, and what factors might lead to such outcomes in matrimonial disputes?

    There have been a plethora of memorable cases mostly in the field of family law but a  exceptional  case I handled was where a wife  paid a certain amount to husband to get divorce. Certainly, in matrimonial disputes, the payment of amount by the wife to her husband is relatively uncommon but not unheard of.

    I recollect that the client X ( Name not disclosed for privacy) entered by office and presented the brief. He said  Mam I am a victim of false cases .  I want compensation and alimony. I laughed on him and remarked “ You have gone crazy and this has never happened to my knowledge . My client was adamant and persistence  to seek alimony from his wife.

    Family law is patience and perseverance.    This client of mine  cooperated in all legal proceedings and mediation. The man was ready to face the trial without fearing for consequences.

    In today’s time, there are increasing reports of men being victims of false allegations in matrimonial cases. What advice or insights would you offer to individuals who find themselves in such challenging situations and may not know how to navigate the legal complexities effectively?

    Navigating false allegations in matrimonial cases can be an incredibly daunting and emotionally draining experience for anyone, regardless of gender. For individuals facing such challenging situations, it’s essential to approach the matter with composure and strategic thinking.

    Firstly, seek legal counsel from a qualified and experienced lawyer specializing in family law. They can provide invaluable guidance and support, helping you understand your rights, obligations, and legal options.

    If a wife files a false case, then the few advise which I can   provide.

    Stay Truthful and Transparent: Being honest and transparent with your lawyer is crucial. Provide them with all relevant information and facts pertaining to the case to enable them to represent you effectively.

    Consider Mediation or Settlement: In some cases, opting for mediation or settlement negotiations can be a viable option to resolve the dispute amicably and avoid prolonged legal battles. However, this should be done under the guidance of your lawyer and with careful consideration of your best interests.

    Stay Informed: Stay informed about your legal rights and obligations. Ask questions and seek clarification from your lawyer whenever necessary to ensure that you fully understand the legal proceedings and implications of various decisions.

    Maintain Support Networks: Surround yourself with supportive friends and family members who can provide emotional support during this challenging time. Seeking counseling or therapy can also be beneficial in coping with the stress and anxiety associated with false allegations.

    Trust the Legal System: Have faith in the legal system and trust that truth and justice will prevail. While the process may be daunting, having a skilled legal advocate by your side can significantly increase your chances of achieving a favorable outcome in your case.

    By following these advice and insights and working closely with a knowledgeable lawyer, individuals facing false allegations in matrimonial cases can effectively navigate the legal complexities and protect their rights and interests.

     Documenting any evidence that disproves the allegations or supports your case is crucial. This could include text messages, emails, witness statements, or any other relevant documentation. Additionally, maintain open communication with your attorney and follow their advice diligently throughout the legal process. It’s also important to prioritize self-care and seek emotional support from trusted friends, family members, or counselling professionals to help cope with the stress and uncertainty of the situation. Remember, false allegations can be disproven with patience, perseverance, and the right legal representation.

    Looking back at your journey from law school to becoming a partner at VantaLegal, what are some pivotal lessons you’ve learned along the way that you would like to share with our readers aspiring to make their mark in the legal field?

    In reflecting on my trajectory from law school to achieving the status of partner at VantaLegal, I have garnered pivotal insights that I deem invaluable for aspiring legal practitioners seeking to carve their niche in the legal realm. Through this journey, I have underscored the paramount importance of perpetual learning, which serves as a linchpin for professional advancement in the dynamic legal milieu. Specializing in a distinct area of legal expertise has proven to be transformative, allowing me to distinguish myself and furnish exceptional value to our esteemed clientele at VantaLegal. Cultivating robust professional relationships has been foundational to my career trajectory, enabling me to unlock new vistas of opportunity and glean insights from peers and mentors. Upholding an unwavering work ethic and demonstrating perseverance are cardinal virtues in the legal profession, qualities that have been pivotal to my ascension to partnership within VantaLegal. Finally, I accentuate the indispensable nature of ethical standards in the legal domain, advocating for the steadfast adherence to integrity, honesty, and ethical precepts as non-negotiable tenets that engender trust and credibility with clients and peers alike. In culmination, I proffer guidance for aspiring legal professionals to embrace continuous learning, cultivate specialized expertise, prioritize relationship-building, uphold a strong work ethic and perseverance, and maintain unwavering ethical standards, as a blueprint for success and impactful contributions within the legal arena.

    Throughout your career, you’ve handled cases independently and provided legal consultancy services. Can you share a memorable case that taught you something profound about the legal profession or human nature?

    Every case provides a unique opportunity for learning and growth, both professionally and personally in family law. I recollect a case which is quite dear to my heart which was child custody. Cases involving child custody can be emotionally challenging, especially when there is acrimony between the parties involved.

    The parties had acrimonious relationship, due to dispute between parents affected child custody arrangement.  The father was unable to meet the child for 2 years  which had  emotional and psychological consequences on both father and the child involved. In this case, the court’s decision to grant the father custody during the summer vacation demonstrates the court’s recognition of the importance of the father-son relationship and the need to ensure the child’s access to both parents. This decision not only provided the father with the opportunity to spend quality time with his son but also helped to restore and strengthen their bond after a prolonged period of separation.

     This order enabled me to  realize that  moments like these, where the legal system can facilitate positive outcomes for families, that highlight the significance of the work done in family law courts.

    Especially in child custody it is imperative to provide a forum for resolving disputes and making decisions in the best interests of children,  being the officer of courts, we lawyer play a crucial role in promoting the well-being and stability of families.

     Amidst the demands of a thriving legal career, how do you unwind and recharge? Could you share some of your favourite ways to relax and rejuvenate outside of the courtroom?

    Balancing the demands of a busy legal career is crucial, and finding time to unwind and recharge is essential for maintaining productivity and well-being. Outside of the courtroom, I prioritize activities that promote relaxation and mental rejuvenation. Spending quality time with my pets, family and friends are incredibly rejuvenating. I practice mindfulness practices, such as meditation or deep breathing exercises,  helps  me to  promote relaxation and reduce stress. Recognizing the importance of maintaining a healthy work-life balance, I believe that fostering a sense of humanity and camaraderie within our profession is essential for long-term success and fulfilment.

    Collaboration seems to be a key aspect of your work, whether it’s negotiating agreements or providing legal support. How do you cultivate effective collaborations with clients and colleagues?

    In my legal practice, fostering effective collaboration is fundamental, whether engaging in negotiations or providing legal support. This entails a comprehensive approach grounded in clear communication, cooperation, and trust. I prioritize transparent communication channels, ensuring clients and colleagues are consistently updated and engaged, fostering a sense of accountability and mutual understanding. Additionally, I actively listen to and empathize with stakeholders’ perspectives, tailoring legal strategies to align with their goals. Collaboration is further enhanced through teamwork and cooperation, leveraging diverse expertise to achieve shared objectives efficiently. Moreover, I uphold principles of professionalism and integrity, cultivating an environment of trust where all parties feel empowered to collaborate openly and confidently. By adhering to these principles, I facilitate robust collaborations that drive successful outcomes in legal matters.

    Get in touch with Sudershani Ray-

  • “Being a lawyer is a continuous learning process, Dedication, Punctuality and Patience are the most important attributes to be successful in the profession” – Sankalp Anantwar, Founding and Managing Partner at SMA Law Partners and Advocate at Bombay High Court

    “Being a lawyer is a continuous learning process, Dedication, Punctuality and Patience are the most important attributes to be successful in the profession” – Sankalp Anantwar, Founding and Managing Partner at SMA Law Partners and Advocate at Bombay High Court

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you please introduce yourself to our readers and share your journey of how you embarked on the path of law? What inspired you to pursue this profession, and could you walk us through the pivotal moments that shaped your journey from your initial interest in law to becoming a founding and managing partner at SMA Law Partners?

    My journey started in my childhood when I saw my father getting ready for court hearings every day. Initially, as a child, I often wondered what my father did in court. As time passed by, my inquisitiveness grew, and I insisted on going to Chambers with him. I gradually began going to Chambers with my father and I think that’s when I developed a keen interest in law. Thereafter, I never looked back and decided to pursue law. My father realized that I had developed an interest in law and I was allowed to go to his Chambers and sometimes to court to witness proceedings. I can say with conviction that my father is my role model and my first mentor.

    As a second-generation lawyer, I was blessed to have exposure to the legal fraternity even before joining the profession.

    I was always encouraged to pursue further education after my LL.B. Degree which led me to pursue an LL.M. program from the prestigious University of London.

    As my father practices at Nagpur, I always wanted to practice at Nagpur and follow in his footsteps after returning from London. However, my father had a better plan and wanted me to practice in Mumbai and get exposure in Commercial matters and Arbitration. Being my role model and mentor, I could not think of anything but to take his advice for a bright and better professional future and explore opportunities in Mumbai.

    When I was exploring work opportunities in Mumbai, I got through a not-so-known law firm (now one of the leading law firms in Mumbai). Initially, I was sceptical about joining the law firm as I was unsure whether I would get any exposure there. However, I was encouraged to join the firm and was told I would get better opportunities to learn and work on matters in smaller firms. The decision to join a not-so-know law firm changed my life. I was exposed to such diverse matters and practice areas. I got opportunities to argue matters and also brief Counsels and Senior Counsels. I got an opportunity to extensively work on Arbitration matters. My partner and seniors at the firm also encouraged me to appear in the matters and gradually I was given independent assignments and then a Team to work. My first workplace in Mumbai enriched me with good exposure to diverse matters and instilled confidence in me to be a better lawyer. Thereafter, I worked with various leading law firms to gather more knowledge and experience. However, the enriching experience at my first workplace has played a pivotal role in my journey to become a Founding and Managing Partner at SMA Law Partners.

    How has your experience studying law in different locations, such as London and India, influenced your approach to legal practice?

    When I joined Law College, more attention was given to theoretical aspects. That is how the university curriculum was designed. Though theoretical knowledge is essential to understand the basic concepts of law, practical knowledge is also required to shape students for better application of law which is vital for lawyers in practice. The LL.M. course in London changed my perspective towards law and made it interesting by giving a practical approach in understanding the subject better.     

    However, now the scenario has completely changed and legal education in India has transformed to impart better education in terms of practical knowledge to the students.

    You’ve specialized in various areas of law, including Corporate and Commercial, Insolvency and Bankruptcy, Civil and Criminal Litigation, among others. What drew you to such diverse practice areas?

    Mumbai is a financial capital and is a hub for diverse business and financial transactions. This leads to various disputes under the commercial contracts between the parties. As a lawyer practicing in the courts in Mumbai, I was always exposed to disputes related to commercial transactions. I have appeared for various PSU Banks and Financial Institutions. With the introduction of the Insolvency and Bankruptcy Code, 2016, which amended and/or repealed almost 20 existing statutes, I entered this specialized sphere with an intention to explore new opportunities. As I commenced my journey in Insolvency and Bankruptcy Law, I developed a keen interest in it.

    Balancing the roles of an Advocate at Bombay High Court and a Managing Partner at SMA Law Partners must be demanding. Could you walk us through a typical day in your life and shed some light on how you effectively manage your responsibilities in both realms?

    It is undoubtedly demanding. The role at Bombay High Court and various courts is solely of a lawyer whereas the role of a Managing Partner is both, a lawyer and an administrator.

    I start my day early which helps me plan my day effectively. As a lawyer, my typical day is nothing different from other lawyers. The day starts with reading briefs for the matters, sometimes conference with the clients and Counsels/Senior Counsels for the matters which are listed in court on the same day. As the day progresses and the matters before the Courts are over, I return to chambers to work on various drafts to deliver them to the clients within the best possible turnaround time. Evening time is usually dedicated to conferences with either the clients or with the Counsels and Senior Counsels. Though the day is long and ends with preparing for matters that are listed the next day, the thrill of the profession is never-ending.

    Can you elaborate on your involvement with the Rights Protection Programme during the ICC World Cup in 2011? How did this experience shape your perspective on law and its broader societal implications?

    I was one of the fortunate final-year students to be selected from my college to participate in the Rights Protection Programme of the International Cricket Council (ICC) during the Cricket World Cup in 2011. I got an opportunity to interact with the Rights Protection Team of the ICC which comprises of members from various nationalities. The programme gave me an insight into how the Rights Protection Team of ICC worked towards protecting the copyright and trademarks of its sponsors and other associated entities during the World Cup event.

    Could you discuss a particularly complex or challenging case you’ve worked on, and what lessons you took away from it?

    There were many complex and challenging cases that I have worked on. But one case I remember is that of a challenge to the Maratha Reservation Statute in the State of Maharashtra. We were representing the students enrolling for medical courses in one of the Petitions out of many on a similar issue. This was a Constitutional Law matter and gave me an opportunity to work with leading Senior Counsels from Mumbai and Delhi. I was actively involved in the matter working in tandem with lawyers appearing for other bunch of Petitioners and the Senior Counsels. The matter gave me an insight on meticulous way of working on a matter and interpretation of law from the Senior Counsels and Stalwarts of the professional.

    Your LLM program in Commercial and Corporate Law at Queen Mary, University of London, provided you with international exposure. How did this experience shape your perspective on law, and what insights did you gain from studying in a diverse and cosmopolitan environment like London?

    The experience of pursuing an LLM Program in London was indeed a wonderful and once-in-a-lifetime experience. The program was designed to impart practical knowledge to students. The personal interaction with the professors was frequent. Group Discussions and Presentations were a regular affair. Right from choosing a topic for the dissertation/thesis till its completion, the professors guided us well enough to make us comfortable to complete the dissertation/thesis. The Professors also insisted on regular discussions on its progress. All these practical aspects alleviate your knowledge and perspective on law. In addition to academics, we also meet people of various nationalities and understand the laws and legal concepts of their countries and diverse perspectives. Pursuing studies abroad with professors and students of varied nationalities is a life lesson and should be experienced by everyone. 

    Outside of law, you have interests in music, etc. How do these personal hobbies contribute to your professional life, if at all?

    Since childhood, I have been fascinated with Indian Classical music which developed my interest in playing Tabla. Though I could not continue it due to professional commitments, I sometimes play Tabla whenever I get leisurely time. I was also associated with the Society for Promotion of Indian Classical Music and Culture Amongst Youth (SPICMACAY) which is an organisation established by an IIT Delhi Alumni and works towards the promotion and preservation of Indian Classical music. I regularly listen to Indian Classical Music which gives me peace of mind and rejuvenates me to prepare for another hectic day in court.

    Given your experience, what advice would you offer to law students considering further education? Do you recommend gaining practical experience before pursuing an L.L.M., or do you believe it’s beneficial to pursue postgraduate studies immediately after completing an undergraduate law degree?

    Pursuing postgraduate courses is always beneficial as it enhances your knowledge and also improves your perspective. My advice to law students who intend to practice law would be to pursue postgraduate courses immediately after completing an undergraduate degree in law. It is sometimes difficult to pursue full-time post-graduate courses after entering the profession.

    What would be your advice for lawyers who have recently entered the profession?

    Dedication, Punctuality and Patience are the most important attributes to be successful in the profession. As rightly said by 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”. Being a lawyer is a continuous learning process. I would advise the lawyers who have recently entered the profession to learn the nuances of the profession and absorb as much as they can around them, follow these attributes and success will follow. 

    Get in touch with Sankalp Anantwar–

  • “As a commercial lawyer in order to maintain a strong track record of repeat clients it is necessary to delve into the nitty gritty of the technical and commercial aspects as the same is an intrinsic part of problem solving”- Priyanka Sinha, Co-Founder & Partner at A&P Partners

    “As a commercial lawyer in order to maintain a strong track record of repeat clients it is necessary to delve into the nitty gritty of the technical and commercial aspects as the same is an intrinsic part of problem solving”- Priyanka Sinha, Co-Founder & Partner at A&P Partners

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share with us your journey into the field of law, particularly your decision to pursue it as a career path? What inspired or motivated you to become a lawyer?

    After my 12th standard, I was keen on taking up a professional course. I had not seen too many lawyers around me in my growing up years but I was intrigued to take up law as it had multiple disciplines. I had knowledge that during the 5 year course I would get an opportunity to explore the vastness that the law course would offer before treading my own career path. 

    With your extensive experience in handling both domestic and international matters, what challenges have you encountered in navigating different legal systems and cultures, and how have you overcome them?

    Whilst working on international disputes it is necessary to have a team of local councils who are not only a subject matter expert but have a strong understanding about the practices adopted in the particular territory. There is a departure in the practices adopted in different jurisdictions.  On one such instance whilst handling Insolvency matters in Germany it came to our knowledge that apart from preliminary insolvency and the final insolvency proceeding, there also exists a Pre-Insolvency Restructuring that takes place before occurrence of Insolvency. The Insolvency framework although stands structured in Germany but has many complexities which demands finer understanding of the legal aspects and applicability. Moreso, as per the German Insolvency laws it appears that the rights of an Insolvency Administrator is extensive as compared to the legal provisions provided in similar statutes of India. In another matter where a conviction order was passed by the French Court and we had to represent a reputed MultiNational Conglomerate and their officers, we discovered that there is a timeline of 5 days to file an Appeal in the Court of Cassation (The Supreme Court) from the Court of Appeal. We came across peculiarities where a matter of civil nature was transferred from a French commercial court to a French criminal court and subsequently a combined order was passed by both the Courts. These experiences are enriching as it gives a wide and holistic understanding of the subject matter. One feels elevated whilst handling these matters as you begin to appreciate and  engage in a comparative understanding of the practices, judicial precedents adopted/applicable in different jurisdictions. 

    As a trusted counsel to several large Multinational Companies, Indian Corporates, and High Net Worth Individuals, what strategies do you employ to build and maintain strong client relationships?

    We primarily focus on Partner availability for all our mandates as client satisfaction is the primary objective for us. We adopt a problem solving and solution-oriented approach which is ingrained in our Firm’s ethos and acted upon by the team. In today’s time and age with information being widely available, we have noticed that Clients are well read and aware of the legal provisions, however when they reach out to us and need us to handhold them on any particular issue, the same needs to be solution oriented. As a commercial lawyer in order to maintain a strong track record of repeat clients it is necessary to delve into the nitty gritty of the technical and commercial aspects as the same is an intrinsic part of problem solving.  We also adopt a Flexi Model with regard to billing which ranges from hourly billing/ lumpsum/ retainership fees which adds client’s convenience. We appreciate constructive feedback from our clients. For our MNC and corporate clients we are able to maintain a strong relationship with them as our advisory is not limited but it extends post closure of a transaction/ submission of a deliverable. We apprise them of the developments in the relevant sector, extend our support to navigate through concerns that may arise after execution of a contract. 

    You have a strong track record in successfully representing clients in litigation and dispute resolution. Can you share with us a particularly challenging case you’ve worked on and how you approached resolving it?

    Well, every case is challenging in its own respect, however there was a case where we represented the Petitioners (unmarried couple) before Hon’ble Bombay High Court wherein our clients sought to be appointed as the guardian of the minor child. Although the petitioners (both Hindus) were the biological parents of the minor child, the mother i.e. Petitioner No.1 was married to the Respondent (Muslim) when the child was born, therefore the Muslim Muslim personal laws were applicable to the child. It is a well settled position that the Muslim Personal law does not recognize legitimacy of the child and the mother as the natural guardian in such scenarios. However, the Court keeping the interest of the child as paramount consideration appointed and declared the Petitioners, though in a live-in relationship, were appointed as natural and legal guardians of the Minor child by virtue of being biological parents of the child. In the given scenario, apart from the other challenges we encountered the limitation with respect to carrying out a Paternity test in India and proving the Petitioner as the biological Father of the child.

    Given your expertise in various practice areas such as Construction, Corporate and Commercial, Media and Entertainment, and Insolvency and Bankruptcy Laws, what advice would you give to young lawyers who are looking to specialize in a specific area of law?

    In the current times there are multiple niche areas that are growing in the field of Law. An advice that I would like to give to young lawyers is that one should explore each and every area of law. These newer areas have ample opportunities that young lawyers can grab onto. Further, young lawyers need to be agile and take up work in different aspects of law rather than restricting their practice areas in the initial few years of their career. 

    You have been actively involved in mentoring entrepreneurs, startups, and MSMEs. What are some common legal challenges you’ve observed among these clients, and how do you assist them in overcoming these obstacles?

    Many cities in India have seen a growth of MSME’s. These MSME’s however are not familiar with the regulatory framework, and therefore a lacuna arises when they are unaware about certain aspects such as the recovery of dues and claims. For Startups and Entrepreneurs, I have seen Entrepreneurs appoint a lawyer only when there is a dispute or a situation that requires the presence of a lawyer. There are certain important aspects such as those of the regulatory nature and agreements that should be in place at the inception such as a co-founder agreement or a shareholder’s agreement that is ignored by many first time entrepreneurs. It is imperative for Startups to take legal advice during the lifecycle of the company in all its growth stages and not only at a firefighting stage. 

    Lastly, considering your wealth of experience and accomplishments in the legal field, what advice would you offer to fresh law graduates who are just starting their careers?

    As stated above, for fresh law graduates’ agility is one important personality trait that they should imbibe within themselves. Young lawyers need to be agile and should not limit their practice areas in the initial few years of their career. Also, a young lawyer should patiently take interest in understanding commercial and technical aspects whilst working on any mandate/matter.

    Get in touch with Priyanka Sinha-

    • “Now with last amendments and a proactive approach by the bench over time, we are able to see arbitration proceedings working close to its objectives of being quick and efficient”- Varun Nischal, Partner, Q & A- Advocates

      “Now with last amendments and a proactive approach by the bench over time, we are able to see arbitration proceedings working close to its objectives of being quick and efficient”- Varun Nischal, Partner, Q & A- Advocates

      This Interview has been published by Pragya Chandni and The SuperLawyer Team

      Could you walk us through your journey from completing your LL.B. to specializing in corporate compliance and dispute resolution, particularly in arbitration?

      After completing the 5 yr LL.B. (H) program I joined a law chamber for about a year. The idea was to get an exposure to the trial work and gain an understanding of the ‘real world’ dispute resolution system. I remember on the first day of law school our constitutional teacher told us “you will spend 5 yr in law school to learn certain things that you will spend the next 1 year unlearning when you start practicing”. It was quite true. In fact interacting with a client and analysing facts to understand his underlying desired outcome is something I started learning during that period. I also wanted to add work experience before applying for LL.M. to improve chances of getting admission to a good university. During the LL.M. my focus was on ADR and business transactions. The classes on ADR introduced me to the advanced Mediation process being followed in the US at a time when Mediation was still not considered an effective alternative here. The Arbitration law had undergone a generational shift a few years ago and it was early days. The classes I took in LLM helped me grasp universally applicable principles in Arbitration which helped me when I came back and gradually focussed on ADR practice. Over the years working with several good corporate clients we realised that they were focussed on being legally compliant and always needed legal advice to avoid any pitfalls. I guess I kind of developed the necessary expertise to address the regular compliance issues of clients.

      What motivated you to pursue a Master of Laws (LL.M.) degree with a specialization in ADR and international business transactions law at the University of Southern California (USC)?

      The idea of doing LL.M. from a foreign university is not only to learn but to also develop additional skill sets and make new connections. Most of the faculty are practicing professionals from top tier firms and share the industry specific best practices. At that time there was a lot of focus on Bharat and with a lot of cross border transactions there was a growing market in the US for lawyers with working knowledge of Indian law and understanding of the legal ecosystem here. With the major focus on Arbitration as a dispute resolution option, the International ADR course seemed a logical extension of being prepared for practicing in that area. Unfortunately, the subprime mortgage crisis led to a prolonged economic downturn and cut short the plans to work on transactions but being taught ADR by some of the best faculty motivated me to focus part of my practice area on Arbitrations. It only helps to service clients today with a global presence as I am still connected to my fellow classmates from the LL.M. program who are based in Europe, Middle East and SouthEast Asia.

      Your work involves representing both private and public sector corporations (PSU). How do you navigate the differences in handling legal matters for these different types of clients?

      Whether you represent a government entity or a private party, a counsel’s approach towards finding a solution to those disputes remains largely the same. However, there is a wide difference between the two sides when it comes to the work culture and decision-making process especially when it comes to matters related to litigation or Arbitration. Whether its negotiating contracts or working on case strategy the private client is either more willing to settle with a reasonable outcome or pursue legal options up to the Apex court but there is finality in the decision making, however when it comes to PSU client we have to weigh the slow decision making process and also impact of any policy decisions made by government on the strategy being followed. We also have to understand that decisions for PSU clients are impacted by legal costs involved as it will burden the exchequers ultimately. I must add that though some lawyers may feel less incentivised to pursue government side work however, I feel that working on the government side allows one to get great exposure to a variety of complex legal problems and it is also a matter of great pride as one gets to be of service to the public in a way.

      Could you share a particularly challenging case you’ve worked on and how you approached resolving it?

      Every case comes with its own sets of challenges and in fact sometimes a case involving most basic issues can throw a completely new challenge at you at any stage of the case. Once a client came to us who was a defendant in a claim involving recovery of money which he was unable to pay due to the financial crisis. His right to cross-examine had been closed by the Court due to failure on part of his legal team, therefore he was clearly facing an adverse outcome ultimately. We were able to get the appeal admitted on legal issues and also conveyed our willingness to the court for closing the matter for a reasonable settlement. Since our client had previous long standing business relations with the plaintiff, I advised him to have the settlement discussion with the management of the plaintiff directly and fairly convey his difficulty and work out a structure for making reasonable payments over a period of time which included a large chunk of interest accrued. During the hearing the Judge appreciated the genuine effort being made by us and understood the financial distress caused during Covid period and prevailed upon the plaintiff to accept a reasonable payment structure. It ultimately saved our client from going out of business.

      You’ve been heavily involved in advising on labour and HR compliance, as well as issues related to Sexual Harassment at Workplace (POSH Act). What are some common challenges you encounter in this area, and how do you address them?

      Most common challenge we face when it comes to HR related issues is that there is a lack of awareness about the enforceability of various clauses that are put in contracts or conditions in the HR manual being followed by the entity. Sometimes the policies put in place are outdated and not in sync with the current legal scenario. Another issue we see is non implementation of policies across the offices in different places of the same company. For example, some organisations have policy for Maternity benefits under the Act but their implementation varies depending on the location and economics involved. When it comes to POSH related issues, I feel that implementation of the law in its true spirit is missing. Sometimes even the top management is not sensitized enough to understand that   training sessions are not meant for female coworkers only but requires equal participation from male coworkers as well. I think the law itself requires to be redesigned to address some of the grey areas, the current issues and evolving work culture. But there is a serious need to at least have a system for enforcing the provision, as they exist, so that it is followed uniformly in every organisation / entity covered under it. 

      Your involvement as a certified Mediator and being empaneled with various legal bodies is impressive. How do you balance your role between advocacy and mediation, and what benefits do you see in offering both services to your clients?

      I am a certified mediator empanelled with the Delhi High Court Mediation and Conciliation centre called “Samadhan” as well as the Mediation cell with NCDRC. In my 6-7 years of experience in mediating a range of disputes, I have realised that settling disputes through mediation is much more fulfilling professionally as it helps the litigants with timely relief compared to endlessly litigating with greater costs and worsening relationships. As a mediator, I do not have to think about the interest of only one party as there is no side to choose and the ultimate goal is to help parties in reaching an amicable solution to the entire dispute. While at the same time the process helps me in honing the negotiation skills as well.

      I must confess that many of our colleagues believe that mediation is antithetical to a lawyers’ dispute resolution practice which is incorrect. In fact being a certified Mediator helps me in advising the client holistically. I always initiate a counselling session with the client to understand their underlying expectation of the outcome of either a negotiation or litigation with the opposite party and use mediation skills to help them understand their best-case scenario in case of failure to settle. The process helps the client to have a realistic assessment of his case and the actual time and costs involved. The ever growing importance of mediation was highlighted by the CJI Hon’ble DY Chandrachud at the National Conference on Mediation held last year, who called for a ‘Youth-based mediation’ and even J. Manmohan, the current acting Chief Justice of Delhi High Court remarked that mediation be made a part of curriculum for students as early as possible to ‘catch them young’.

      I find mediation to be very rewarding and I hope more lawyers consider taking up mediation as a prominent part of ADR practice. In fact at a recently concluded Arbitration event, Hon’ble J. Sanjiv Khanna, Judge, Supreme Court of India remarked that some mechanism needs to be evolved to merge mediation process with the Arbitration Act in order to have a quick, party-driven dispute resolution mechanism. 

      With nearly 17 years of practice, what changes have you observed in the legal landscape, especially concerning arbitration and dispute resolution, and how have you adapted to them?

      Arbitration proceedings in India were very different prior to the amendments introduced in 2015. Though the time consuming issues were addressed but still it was fraught with difficulties that made it challenging to obtain the arbitral award and far more challenging to execute it. Now with last amendments and a proactive approach by the bench over time, we are able to see arbitration proceedings working close to its objectives of being quick and efficient. However as recent decisions have shown, that many issues involved are still getting adjudicated and will take some more time to authoritatively address many complexities in interpretation of the clauses and unfettered powers of arbitrator which sometimes lead to situations where outcome in similar situations are not based on legal principle but on the understanding of particular arbitrator. I believe that greater push is rightly being made by the government towards institutional arbitration in the country to bring some sort of uniformity in the whole process. 

      When it comes to the dispute resolution system, I believe the greatest change brought in recent years is through complete digitisation of the court records especially in Delhi High Court and the availability of virtual hearings which has truly taken the justice delivery to every doorstep. As lawyers, efficiency and productivity of our practice has immensely grown due to the above changes and in almost all the Arbitrations I am involved in they are being conducted through virtual platforms. I believe that the continued promotion of digitisation of courts led by the Hon’ble Supreme Court and equally adopted vigorously by the Hon’ble High Court is commendable and deserves appreciation.

      As a member of various legal associations and advisory boards, how important do you think networking and community engagement are for legal professionals, and what advice would you give to those looking to establish similar connections?

      Aristotle is famously quoted for saying “Man is by nature a social animal” I believe he was thinking of lawyers when he said it!  But on a serious note, I think networking for lawyers is as important as any other skill and maybe some have used it exceptionally to be quite successful. Not only does a good network allow one to bounce off different ideas and broaden their own horizons but can also help by opening doors for more opportunities and growing as a professional especially when it comes to young lawyers. I think young lawyers who are not part of lawyer networking events should try to attend conferences and lectures as much as possible which can help them with finding an opportunity or connecting with the right mentor. Also take up the membership of at least a couple of associations even if they are not connected with any particular court.  Being a member of various bar associations especially at Delhi High Court has helped in connecting with colleagues over various sports activity or cultural programs and seminars which are organised regularly and in fact are equally supported by the bench also.

      Get in touch with Varun Nischal-