Sir, could you please share your journey of becoming a legal practitioner, from your education at the University of Aberdeen to your current position as a partner at Neupane Law Associates?
Like every other lawyer, my journey of becoming a legal practitioner began during my law school. The most helpful experience I had was volunteering as an advisor at the Citizens Advice Scotland. We advised mostly low-income clientele legal matters relating to debt, bankruptcy, consumer, landlord, family problems, etc. Clients in difficult situations needed quick and effective legal help. There I learnt you had to focus on reaching an effective solution for the clients quickly. This learning has stayed with me until now.
At law school, my interest was in commercial law and I enjoyed my elective courses in corporate finance law, corporate insolvency law, and tax law very much.
After graduating, I worked for around 2 years with a renowned senior advocate with extensive tax and commercial practice in Kathmandu. There I gained first-hand experience of Nepali contract, tax, and company laws. I also gained exposure to construction law and arbitration matters.
There were not many lawyers with good international exposure and English language skills in Nepal at the time. Commercial law practice was very small and focused mostly on compliance. Nepal was also recovering from a decade long insurgency and foreign investors were slowly returning back. Due to the market scenario at the time, I started getting contract drafting and foreign investment related matters through my personal contacts and references from other lawyers. Thereafter, I started with my current firm Neupane Law Associates serving my own clients. Currently, we are established as a go-to law firm for corporate and commercial matters in Nepal. Our firm’s practice is ranked Band-1 by Chambers and Tier-1 by Legal 500 in Nepal for a number of years now.
As a leading legal practitioner in Nepal, specializing in corporate, finance, cross-border transactions, and dispute resolution, could you highlight a particularly challenging case or project you’ve worked on recently and share the key strategies you employed?
Nepal is a challenging jurisdiction to work in due to vaguely drafted laws and bureaucratic unpredictability. Our approach is to strictly follow the law, while not being afraid to create new market practices. A rewarding experience for me early on in my career was to advise a consortium of foreign and local lenders as local counsel in the first international project finance transaction in over 20 years for Lower Solu Hydropower Project. Bridging the gap between best international practices and Nepali law was challenging. It created a market precedent that set a practice in other similar transactions. Another highlight of my career has been working as a tax and corporate law expert appointed by the Government of Nepal in the ICSID arbitration filed by Axiata. It was the largest legal dispute in Nepal’s history. It was also a learning experience to see leading international lawyers in action.
Our team has been working in various shareholder and construction disputes currently. They are naturally challenging and complex. In my view, a good lawyer should have the ability to simplify even the most complex issues. Being solution oriented and getting in-depth into the facts of the case are key strategies we employ.
Your expertise spans a wide range of areas such as arbitration, litigation, banking, finance, and M&A. How do you stay updated on the evolving legal landscape in Nepal, especially considering the complexities of cross-border transactions?
Being a transaction and disputes lawyer at the same time is very challenging from a time and knowledge management practice. However, I have found that these practice areas complement each other. I have found that the knowledge and experience gained in transactions can be used during litigation and vice versa. Being a small jurisdiction, many aspects of Nepalese commercial law jurisprudence are still unsettled. Therefore, taking inspiration from what is happening in other jurisdictions is important. Reading good international books and participating in international conferences and seminars has been very helpful in staying updated.
Given your involvement in advising world-renowned companies, including Texmaco, IFC, and Alibaba Group, can you share any unique challenges you’ve encountered while facilitating cross-border transactions between Indian companies and Nepal?
The challenge in Nepal is vaguely drafted laws, unpredictability of government agencies, and lack of established market practice for new and complex transactions. Oftentimes the Nepalese counterparts are also not assisted by an experienced commercial lawyer. Some international clients do not engage a Nepali lawyer at an early stage of the transactions but only do so later. When the client has not taken advice at an early stage, the transaction structure may have to be changed at the documentation stage which becomes a problem and causes delay. Enforceability of Indian seated arbitral awards in Nepal and vice versa has also come up recently as a new challenge due to a recent Supreme Court ruling in the Sangi Brothers case.
You’ve been recognized for your excellent knowledge of Nepali commercial and contractual law. How do you balance staying rooted in local legal nuances while also navigating the complexities of international law, especially in the context of your cross-border transactions?
As a lawyer advising in international matters, I find that you are required to have a good command in both Nepali law and law practices internationally. In-depth recognition of the similarities and differences in the laws of Nepal and of other jurisdictions is key to our legal practice. Like I mentioned earlier, I read good international books and exchange views with lawyers in other jurisdictions to balance these aspects.
Your recent work includes advising on equity investments in hydropower projects and various financings. What trends do you observe in the current landscape of foreign investments in Nepal, particularly in the energy sector?
Equity investments and financings in the hydropower sector for foreign clients have recently been challenging as Nepal has not signed power purchase agreements in US dollars and there is a lot of uncertainty about how to hedge currency risk. The Government of Nepal has come up with various hedging guidelines and regulations, however, foreign investors are yet to be convinced. Also, getting a bankable risk allocation in power purchase agreements and concession agreements has been difficult. Nevertheless, the governments of Nepal and India have entered into an agreement for Nepal to export 10,000 MWs of power to India over the next 10 years. This will open the door for Indian sponsors to sell power from Nepal to India and obtain financing from Indian banks.
Could you shed light on your role in defending lawsuits filed against Nissan Motors by distributors? How do you approach representing clients in the automotive sector, and what unique legal challenges arise in such cases?
We have been recently involved in a couple of cases of similar nature involving Nissan Motors, Royal Enfield, Preet Tractors and others. In my view, the key to avoiding disputes or having an upper hand when there is one is to have a well drafted distribution agreement and fully complying with the contract provisions and laws during termination. Nepalese courts can grant stay orders if contract terms are ambiguous and if the termination can be seen as unlawful due to non-compliance with contract provisions. This can be very risky and is best avoided.
Lastly, what advice would you give to law graduates aspiring to make a mark in corporate law, especially those interested in practicing in Nepal or dealing with cross-border transactions?
Law graduates should recognize that what they learn in law school is not enough for legal practice. They should extensively read judicial precedents in the practice areas of their interest and international books to stay updated. They should also recognize that the law in theory and the law applied in practice might differ. They should become more commercially aware and solution oriented.
Could you share a bit about your journey into law and how you decided to pursue it as a career, especially with your educational background at National Law Institute University and Symbiosis Law School?
My father played a significant role in guiding me to pursue law considering my personality. Then, I was always keen to pursue law since my school days and at that time law was not sought for profession as it is now. We did not have CLAT in the year 2003 and had to fill up individual forms for each college. I was fortunate enough to get through B.A.LL. B course in Symbiosis Law School, Pune. I was inclined for post graduate education and thereafter, I appeared for CLAT LLM and I got through National Law Institute University, Bhopal. It’s a wonderful experience to independently live in a hostel which makes you a confident individual to deal with every situation in your life without the support of family. I not only got to polish my legal and individual skills at the law schools but also got to make great friends during both the courses who are budding colleagues and make the legal practice feel like home.
You’ve had a diverse experience, from working in top legal firms to founding your own practice at Samaya Law. What inspired you to take the entrepreneurial route, and how has this journey been for you?
I am thankful to all the law firms, their partners, and senior advocates who I worked with through my journey. I got immense experience and guidance from them which helped me build my independent practice. Since beginning, I always wanted to have my independent practice as it gives a sense of accomplishment to me, however, working in a firm setup can be equally beneficial considering the fact that the initial few years of independent practice take a toll on you mentally and financially. I was lucky enough to have my own set of clients who trusted in me and helped keep afloat in initial years of practice which is significant to keep you going. The journey of independent practice is full of peaks and valleys as its both demanding and rewarding profession. You have a thrill of victory which is unmatched and gives you a sense of pride and satisfaction and doing public interest litigation can give added satisfaction by making a difference in the lives of people. The downfall being the stress and expectation not only towards yourself but also to Clients and Judges. However, this profession can teach you resilience, perseverance and the importance of hard work which makes you a valuable legal professional.
Your practice involves appearing before various courts and tribunals, including the and the National Company Law Tribunal and Supreme Court of India. Could you highlight a memorable or challenging case you’ve handled and the key takeaways from that experience?
After my stint with law firms, I started my independent practice and after a few years started our law firm Samaya Law along with my partner Sourabh Gupta, Advocate and we completed 10 years in June, 2023. We appear before all courts, tribunal across India. However, being based in Delhi gives an opportunity to physically appear before the Hon’ble Supreme Court and Appellate Tribunals. Although, now the Supreme Court also works on Hybrid mode which helps all the counsels across India to get remote access to appear and argue their cases. We recently argued a case under the maternity benefit act wherein the Petitioner was being denied maternity benefit as her contract with the government body had come to an end. In a landmark judgment, a three Judge bench of the Supreme Court in Dr. Kavita Yadav v The Secretary, Ministry of Health and Family Welfare Department & Others (17 August 2023) held that if a woman has worked in an establishment for 80 days, she would be eligible for full maternity benefits, even if such benefits exceed the term of contract. We also made a significant petition for post-graduate doctors during the COVID-19 period when they were being sent across states for their practical examination as per National Medical Commission and Diplomate of National Board guidelines. The Supreme Court intervened and directed the NMC and NBE to conduct examinations within the state so that the post graduate doctors do not have to cross state as per directives of the government of India. This brought relief to more than 1 lakhs doctors who were appearing for the examination. Each forum has its own way of working, before the Supreme Court you only get 2-3 minutes to explain your brief at the admission hearing so you need to prepare your list of dates and synopsis thoroughly and be precise with your arguments on factual and legal aspects to catch the eye of the Judge.
With a significant focus on drafting and vetting petitions across different legal domains, could you share some insights into your approach to crafting effective legal documents and the importance of precision in this aspect of your work?
My advice would be to keep your focus on the facts of the case because facts forming part of the pleadings can never change and highlighting relevant facts of the case can bring life into a dead brief. It is crucial to draft pleadings that are short, persuasive, point blank and not overstated. It’s best to work on all kinds of pleadings before the trial court and High Court in the initial years of your practice which can be beneficial when you handle matters before the Appellate Courts and Supreme Court. Most part of building up a case happens at the trial court and if the pleadings are not drafted, covering the facts accurately can bring significant damage to the case as it becomes difficult to introduce new facts or legal grounds in support of the brief at appellate stage of the proceedings. The pleadings should ensure that all the relevant facts are covered on the issues to be framed and lead evidence on the said issues to support your case. In a case done by us the Hon’ble Delhi High Court in a suit (CS(OS) No.553 /2016 order dated 21.05.2019) dealing with recovery of possession of an immovable property and a counterclaim for recovery of over Rs. 5 crore had due to lacuna in the drafting and not claiming the relief for recovery of possession made an observation “This is a classic textbook case of, how not to draft a plaint, which should be taught in law colleges and to young lawyers so that such bloopers in drafting of pleadings, damaging to one’s own client, are avoided.”. The pleadings have to be factually fortified and legally formulated to bring forth your best case.
Having engaged in extensive research across civil, criminal, and commercial laws, could you discuss a specific area of law that you find particularly intriguing or challenging, and why?
The latest insolvency and bankruptcy code, 2016 has brought a fresh dimension to the insolvency law including bringing new questions of law which need to be answered both by the Lawyers and Judges. The fact that the code has been modified five times in the last five years including several judgments which have been passed by the Hon’ble Supreme Court itself shows the way it is evolving and which makes it challenging. The IBC is a significant reform and its successful implementation can bring resolution to the stress situation in the country’s financial system. We constantly support the Insolvency Resolution Professionals and companies on advising them on the intricacies of the Code and its implementation.
Your involvement in arbitration, both domestic and international, is notable. Can you share a bit about your experiences with arbitration cases and any unique challenges or differences you’ve encountered in handling international arbitrations?
With the introduction of Arbitration and Conciliation Amendment Act, 2015 the arbitration proceedings must be completed within a time bound manner and which has brought drastic improvement in the overall process of arbitration. The constant queries of the clients as to the time limit within which dispute would be resolved has been answered by way of the said amendment and also by bringing in Schedule IV with the amendment of 2015 the fee being charged by an arbitrator has been regulated making the whole process efficient and cost effective for the client. Thus, we advise clients to keep arbitration clauses in the agreement so that the disputes, if any, can be resolved in an efficient and timely manner. However, it is particularly important where the parties (or their assets) are in different jurisdictions or where the disputes might give rise to complex and technical issues. We recently did an international commercial arbitration under the ICC rules where the seat of arbitration was Narobi, Kenya. The arbitrators in such arbitrations are chosen by the arbitration rules which provide for a method of appointment of arbitrators in case the agreement does not name the arbitration. The cost between a sole arbitrator and three arbitrations can vary considerably in international arbitration including the efficiency within which arbitration can be completed as there is lesser need for coordination between the arbitration. However, high value and complex arbitration would be better with the panel of 3 arbitrators as they can give more insight into the decision-making process. The timelines set in the international arbitrations are strictly adhered to and any deviations are subject to high cost awarded against the defaulting party including closing their rights if no reasonable reasons have been given by the parties. In choosing the seat of arbitration, the parties should consider the effect that this might have upon the conduct of the arbitration and the potential enforceability of the ultimate award and selecting a state which is party to the New York Convention as the seat of any arbitration, provides parties considerable scope for the enforcement of their awards.
Given your wealth of experience, what advice would you offer to law graduates who are just starting their careers in the legal field? What key lessons have you learned that you believe could benefit those embarking on their legal journey?
I would advise all the young graduates to learn the basic skills of drafting and research in their initial years along with arguing matters before the courts whenever they get an opportunity. The key would be to accumulate as much knowledge as possible from your seniors, arguing counsels and observing proceedings before the courts. In addition, always keep yourself abreast of the times by reading the latest judgments and updates of law in every field. Always be nice to your opposite side, you will have to face them every day in court and not the clients. Never lie to the court, better lose a client than your respect and trust before the court. Lastly, always take care of your health and follow stress management by having work life harmony.
With 25 years of extensive practice in law, you’ve built an impressive career as the Managing Partner of PDLegal LLC. Can you share a bit about your journey from college days and struggles you faced during that time and what motivated you to establish your own law firm?
My journey in law began with a deep-rooted passion for justice and advocacy, nurtured during my university days. This drive, coupled with extensive experience gained over the years, led me to establish PDLegal LLC. My goal was to create a firm that embodies a blend of personalized, partner-level service with efficiency and cost-effectiveness, addressing the evolving needs of our clients.
Your areas of expertise range from Maritime and Shipping to International Trade, among others. What drew you to specialize in these particular fields, and how have they evolved over the course of your career?
My inclination towards Maritime, Shipping, and International Trade law stemmed from recognizing the dynamic and globally interconnected nature of these fields. These areas are not only pivotal to global commerce but also constantly evolving, presenting unique legal challenges and opportunities. Over my career, I’ve witnessed and adapted to significant changes in these sectors, ensuring that our firm stays at the forefront of legal expertise and innovation.
Having been recognized by leading legal directories like Legal 500 and Chambers & Partners, what do you consider to be the key factors that contribute to your success as a litigation and arbitration counsel?
The key factors that have contributed to my success in litigation and arbitration include a relentless commitment to excellence, a strategic approach to each case, and a deep understanding of our clients’ needs. Recognition by leading legal directories like Legal 500 and Chambers & Partners reflects our firm’s dedication to delivering high-quality legal services and our ability to achieve favourable outcomes for our clients.
PDLegal LLC has a strong regional presence with offices in Singapore and Bangkok. How does the firm adapt to the legal landscape in different regions, and what challenges and opportunities does this bring to your practice?
Adapting to the legal landscapes in Singapore and Bangkok involves a keen understanding of regional legal nuances and cultural sensitivities. Our firm leverages its strong regional presence to offer tailored legal solutions. The challenge lies in navigating diverse legal systems and market dynamics, but it also presents opportunities for cross-border collaboration and expanding our expertise in international law.
Your practice involves both contentious and non-contentious matters. How do you balance being a trusted business advisor for non-contentious issues like joint ventures and mergers while also navigating complex litigation matters?
The key to balancing both contentious and non-contentious matters lies in versatility and deep legal acumen. For non-contentious issues like joint ventures and mergers, I focus on being a strategic advisor, ensuring due diligence and foresight. In complex litigation, my approach is more dynamic, with an emphasis on thorough preparation and robust advocacy. This dual role requires adaptability and a deep understanding of our clients’ diverse needs.
With your background in Maritime Law, how do you perceive the future of the maritime industry, especially considering the advancements in technology and environmental considerations?
The maritime industry is poised for significant transformation, driven by technological advancements and environmental considerations. As we move towards more sustainable practices, I foresee increased adoption of stricter environmental regulations.
Given the recent advancements in technology, there’s a notable shift towards automation in shipping operations. How do you see this trend impacting the maritime industry, and what legal considerations or challenges might arise as a result of increased automation in shipping processes?
Automation in shipping marks a revolutionary shift, enhancing operational efficiency and safety. However, it also introduces legal challenges, particularly in terms of liability, regulatory compliance, and cybersecurity. As the industry adapts to these changes, our role is to guide clients through this legal landscape, ensuring they stay ahead of the curve.
As someone deeply involved in pro bono legal services, can you share a rewarding experience or a case where your involvement made a positive impact on the community you serve?
We do a number of pro bono cases through the Law Society of Singapore Pro Bono Services (“LSSPBS”).
Beyond your professional achievements, what are some personal hobbies or interests that you indulge in to unwind from the demands of the legal profession?
To unwind from the demands of the legal profession, I enjoy watching football. I am an avid Manchester United fan.
Given your extensive experience and success, what advice would you offer to college students or young professionals on how they can make the most of their college days and choose meaningful internships to pave the way for a successful legal career?
For university students and young professionals, my advice is to embrace every learning opportunity, whether in academics or internships. Focus on building a strong foundation in legal principles while also developing soft skills like communication and problem-solving. Networking and mentorship are invaluable; seek connections that inspire and guide you towards your career goals.
Mr. Singh, your journey from Jalandhar to the establishment of Aekom Legal is truly inspiring. Can you walk us through the key moments that shaped your path in law, from your commerce graduation to founding your own firm last year?
Thank you for acknowledging my journey. Initially, the prospect of practicing law was not a consideration during my undergraduate years. However, a strong desire for attaining a professional qualification drove me forward. To support my parents, I decided to pursue law through evening classes while working during the day. Simultaneously, I successfully completed my Company Secretary (CS) course while serving at the State Bank of India, stationed near the border towns of Punjab. After completion of my CS qualification, I left the bank and joined as a company secretary and then headed the office of a merchant banking firm in Chandigarh. My journey took a turn when I found myself amidst the challenging financial landscape following the collapse of the capital market. It was then that I recognized the enduring potential in practicing in the field of corporate and commercial laws.
With this foundational expertise, I found my stride as a corporate lawyer, starting as an associate in one of Delhi’s notable law firms. Over time, I climbed the ranks to become a Partner. After accumulating over 24 years of valuable experience, I made a pivotal decision – to establish our own law firm, ‘Aekom Legal.’
The journey from Jalandhar to founding Aekom Legal has been fueled by a deep-rooted sense of purpose and is a story of continuous learning, professional growth, and an unwavering commitment to excellence in the field of law.
The name “Aekom” is derived from the first word of Gurbani, “Ek Onkar” or “God is One.” Can you share a bit about the significance of this name and how it reflects the ethos of your law firm?
The name ‘Aekom’ holds a profound spiritual significance for our law firm, drawing inspiration from the sacred Gurbani phrase ‘Ek Onkar’ or in Hindi “एक ॐ” which translates to ‘God is One and all pervasive’. This name choice reflects not only my personal spiritual inclination but also a deep belief in the principles of unity and divine presence.
Choosing the name ”Aekom” was a deliberate decision, driven by a desire to transcend self-interest. It symbolizes our commitment to infuse our legal practice with higher purpose and a dedication to ethical and principled legal services. In essence, ‘Aekom’ encapsulates the core values of unity, integrity and a profound sense of responsibility and righteousness.
Moreover, the ethos of our firm is rooted in the belief that the pursuit of knowledge is integral to success. We hold a steadfast conviction that for every problem, a solution exists somewhere.
This guiding philosophy shapes our practice, fostering a culture of continuous learning and problem-solving to better serve our clients and the community at large.
You’ve authored and co-authored books and articles. What drives you to contribute to legal literature, and can you share a memorable experience related to your writing?
Engaging in legal literature has been a deeply gratifying journey, propelled by my unwavering commitment to disseminating knowledge. My extensive experience as a regular faculty at ICSI, where I taught corporate law matters, including corporate restructuring and stamp duty to aspiring company secretaries, laid the foundation for this endeavor. Additionally, I’ve had the privilege of being a speaker at various forums, such as different chambers of commerce, where I shared insights on Corporate Law, delving into topics like joint ventures, mergers, and acquisitions.
The inspiration to actively contribute to legal literature stems from these interactions, providing not only a platform to share expertise but also fostering a meaningful engagement with evolving legal concepts. My driving force has always been the ceaseless pursuit of knowledge – an ethos underscored by a personal motto influenced by the belief that seeking the blessings of Goddess Saraswati, the goddess of knowledge, will naturally attract the blessings of Goddess Laxmi, symbolizing wealth and prosperity.
This reciprocal process of learning and sharing underscores the significance of contributing to legal literature as not just a professional duty but a continuous and rewarding endeavor for personal and professional growth.
Over your extensive career, your expertise has expanded from corporate law to insolvency matters. What motivated you to diversify, and how has this expansion enriched your professional journey?
The introduction of the Insolvency and Bankruptcy Code in 2016 in India served as a pivotal moment, motivating a deliberate shift towards the intricate domain of insolvency matters. With a strong foundation in company law and having successfully navigated over 300 matters in the area of corporate restructuring, right from conceptualizing to execution, and working on various Company law realms, including joint ventures, acquisitions etc. I recognized the transformative potential of this new legal framework.
Driven by my deep passion for company laws, I proactively sought certification as a Resolution Professional, becoming one of the earliest individuals to achieve this distinction. This strategic move was fueled by a desire to remain at the forefront of the evolving legal landscape.
This strategic move has proven invaluable in real-world cases, allowing me to apply my enriched understanding of company laws to the dynamic challenges presented in insolvency proceedings. Early involvement in diverse matters has conferred a unique advantage, positioning me as a pioneer in this evolving field.
In essence, the introduction of the Insolvency and Bankruptcy Code acted as a catalyst, seamlessly merging with my background in company law and inspiring a purposeful pursuit of insolvency matters. This strategic alignment has not only enriched my professional journey but has also empowered me to offer comprehensive and effective legal solutions to clients navigating the complexities of corporate challenges and financial distress. Some of the notable achievements in the stressed assets acquisitions is navigating the acquisition of Ruchi Soya for Patanjali Group, Orchard Pharma acquisition for Dhanuka Group and many other acquisitions in M&A space. It also helped us to build a strong Dispute Resolution team.
You’ve been appointed as a member of the Appellate Authority under various acts. How does this role contribute to your broader vision for the legal profession, and what challenges or successes have you encountered in this capacity? As the Chairman of the NCLT/NCLAT Task Force, what initiatives do you envision to enhance the efficiency of these tribunals, and how do you plan to address current challenges in corporate litigation?
The Government by notification appointed me as a member of the Appellate Authority for a period of three years. It’s an authority constituted under CA, CS and ICWA Acts. I feel privileged to take up this honorary role where you get the opportunity to dispense justice and also play the role as reformist. As the Chairman of the NCLT/NCLAT Task Force constituted by ICSI, my vision revolves around recommending the ways and means to streamline and enhance the efficiency of these tribunals. The Task Force has submitted a comprehensive report to the President -ICSI. Once it is approved by the Council of ICSI, it will be submitted by the ICSI to President NCLT and other relevant authorities. This report focuses on vital initiatives to reform the system and address current challenges in corporate litigation. The emphasis is on reforming the process to make it more accessible and responsive to the dynamic needs of corporate litigation. The proposed initiatives seek to create a framework that not only expedites proceedings but also encourages a more collaborative and efficient resolution of disputes within the ambit of the NCLT and NCLAT. A key aspect highlighted in the report is the incorporation of mediation in the NCLT framework. By introducing mediation, we aim to unclog the current system and provide a more efficient alternative for resolving disputes. This initiative aligns with the broader goal of enhancing the overall efficiency of NCLT and NCLAT, ensuring a more expeditious and effective resolution of corporate litigation. I would also like to take the opportunity to thank ICSI for believing in me.
Being recognized as a Notable Practitioner in M&A and Private Equity by IFLR1000 is a significant achievement. How did you celebrate this recognition, and what does it mean to you personally and professionally?
Being acknowledged as a Notable Practitioner in M&A and Private Equity by IFLR1000 is a momentous achievement that holds both personal and professional significance. Personally, I celebrated this recognition by taking a moment to reflect on the journey that led to this recognition. Gratitude fills my heart for the collaborative efforts and unwavering dedication that played a pivotal role in reaching this milestone. From a professional standpoint, this recognition is a testament to the commitment and expertise invested in the field of M&A and Private Equity. The acknowledgment from IFLR1000 underscores the importance of consistently delivering high-quality legal services and upholding a standard of excellence in practice.
This achievement not only bolsters personal confidence but also elevates professional credibility, creating new avenues for opportunities and collaborations within the legal realm.
When you’re not immersed in legal matters, what are your favorite activities or hobbies that help you unwind? What inspires you outside the legal realm, and how does it influence your approach to your work?
In my early part of life, playing Tabla at Gurdwara was an activity of my life and over time, it has become a cherished hobby that evolved into a source of joy and relaxation. My love for playing Tabla is not just a leisure activity but a source of inspiration that brings balance to my life. It infuses a sense of achievement and a well-rounded perspective into my professional endeavors, enhancing my effectiveness in the legal world. Engaging in heartfelt conversations with friends is another way I find solace. Meaningful exchanges with friends provide me insight and a refreshing break that helps me to continue to work in a positive manner.
You’ve been actively involved in various roles, including the past Chairman of NIRC of ICSI. How do you see your legacy in the legal profession, and what advice would you give to aspiring lawyers and company secretaries?
Active engagement in diverse roles, including my tenure as the past Chairman of NIRC of ICSI, has been a defining force in shaping my professional journey. These leadership roles have not only honed my skills in public speaking but have also cultivated essential leadership traits that prove invaluable in navigating the intricate landscape of the legal profession. In essence, my legacy in the legal profession reflects the importance of a balanced approach—blending academic excellence with hands-on exposure and continually striving for both personal and professional growth. Opportunities like these should be embraced, as they not only provide a platform to showcase your strengths but also contribute significantly to your overall development.
To aspiring lawyers and company secretaries, my advice is simple yet profound: work hard, have a thirst for more knowledge, and adhere to the motto that drives your passion. The legal profession demands a relentless pursuit of excellence, and a strong foundation of knowledge coupled with dedicated effort is a key to success. Embrace every opportunity for learning and active participation, as they will serve as stepping stones toward a fulfilling and successful career in the dynamic and ever-evolving field of law.
To start, can you give our listeners a brief introduction to your background and journey in the field of law? How did you initially become interested in pursuing a legal career?
I love stories! If you carefully hear, everyone has something to share. That’s just the essence of law.
Growing up, I have harboured a deep love for listening to the stories of other people. Whether engaging with friends facing some challenges or family issues, I always felt a strong desire to offer solutions and guidance. The process of meeting individuals, understanding their problems, and finding ways to help them has been a fascinating aspect of my life.
This interest and problem-solving attitude that developed in me over the years played a pivotal role in shaping my career aspirations. The realisation that a legal profession could empower me to resolve the problems of others fuelled my passion. As I delved into law subjects, and navigated the intricacies of the legal system during my internships, I became increasingly convinced that this profession was my calling.
In essence, my journey into law is not merely a career choice but a manifestation of a lifelong passion for understanding and resolving the issues that people encounter on a day to day basis.
Whether it’s aiding someone to reclaim what’s rightfully theirs, providing a way out of an abusive relationship, assisting companies in debt recovery or negotiation, or facilitating legal actions, each act is incredibly fulfilling. It’s this impact, the compelling stories of people, and the continuous learning from each case that fuels my passion for law, far beyond any monetary gain. Law has a transformative power in both individual lives and society at large.
Today, as the founding partner of Shepherd Law and Associates, my journey in law has been both diverse and enriching. With a distinction in my Masters from Queen Mary, University of London, and being NCA qualified in Canada, my practice has spanned various sectors. I have had the privilege of representing a wide range of clients, from individuals to the State of Maharashtra to US-based organisations, across fields such as Pharmaceuticals, Fintech, Artificial Intelligence, Jewellery, and Sports. This breadth of experience has allowed me to develop a versatile approach to legal challenges.
Your LLM in Intellectual Property Law from Queen Mary, University of London is quite impressive. Could you share what drew you to specialize in intellectual property law, and how has this expertise shaped your legal career?
Choosing to specialise in Intellectual Property Law at Queen Mary, University of London was a thoughtful decision because I saw how applicable this area of law is globally, especially in growing industries. The course provided innovative learning opportunities, delving into areas such as the legal implications of 3D printing, the evolving video gaming industry, and emerging concerns in privacy and personality rights. These areas, especially privacy law, have now become pivotal in the global legal arena.
My proficiency in these domains has been crucial, from my very first job under the mentorship and guidance of Ms. Vibha Datta Makhija, Supreme Court designated Senior advocate, who has some of the most prominent cases and at the time was representing the Union of India in matters related to privacy laws. The knowledge kept helping me as I continued to guide my clients in crafting comprehensive privacy policies and Terms of Use.
The option to study Alternative Dispute Resolution (ADR) as one of my course subjects, complemented my expertise, aligning with its growing significance in both personal and corporate dispute resolution today. Skills acquired in negotiation, mediation, and understanding ethical practices have proven invaluable in client counselling and effective case resolution through amicable settlements.
My choice of IPR, combined with forward-thinking courses, enabled me to address a wide, international market. The course’s emphasis on creative problem-solving and open-ended exam formats, which encouraged innovative thinking over rote memorisation, greatly enriched my learning experience. For instance, my proposal for new legislation in an exam not only showcased my creative legal thinking but also contributed to my distinction in the LLM program.
Studying abroad extended beyond academic achievements, fostering personal growth, independence, and a deeper appreciation for cultural diversity. This comprehensive experience has not just enhanced my capabilities as a legal professional but also transformed me into a well-rounded individual, prepared to excel in a global environment.
Having worked with diverse clients across India, Singapore, and the UAE, can you highlight a couple of key experiences or cases that were particularly impactful in your career? How did you navigate the challenges posed by different legal jurisdictions and cultures?
In my career, working with clients across India, Singapore, and UAE and many other jurisdictions, the key to handling diverse cases successfully has been comprehensive research and robust teamwork.
My journey in Indian law began at the Supreme Court and Delhi High Court, under the mentorship of Ms. Vibha Datta Makhija. This experience, particularly on high-profile cases like the Bofors scam and the WhatsApp-Facebook privacy issue, was crucial in understanding the nuances of representing clients in India’s highest courts. My subsequent empanelment with the State of Maharashtra, under the leadership of Mr. Nishant R. Katneshwarkar, Standing Counsel for the State at the time, built upon this foundation. The insights and skills I developed under Ms. Makhija’s guidance proved instrumental in my growth and effectiveness in these roles. The only way to navigate through challenges is to face them.
Whether dealing with prominent clients in the arena of mixed martial arts in Bahrain, aviation in the UAE, or emerging sectors like Electric Vehicle, Artificial Intelligence, Fintech and sports in India, the approach remains consistent: engaging with industry professionals and learning continuously. This attitude has been fundamental in navigating different legal jurisdictions and cultures.
Facing new challenges, seeking advice from experts, and always responding professionally and promptly are crucial. My guiding principle is simple: if you commit to a task, give it your all and never stop growing professionally.
As a partner at Shepherd Law & Associates, you lead a team handling over 500 active litigation cases. How do you approach leadership, especially in a legal setting? And how do you balance strategic decision-making with day-to-day management?
I believe in leading my team by empowering each member, creating an environment where open communication and collaboration thrive. This ensures that everyone feels valued and contributes meaningfully to our shared goals.
I maintain a balance between strategic decision-making and day-to-day management by effectively delegating tasks and placing trust in my team’s capabilities. Regular meetings and progress reviews help me stay informed while also giving the team the autonomy they need. This approach not only streamlines our workflow but also fosters professional growth and a strong sense of ownership among team members. My role is to provide direction, instil confidence, and ensure that we meet our client commitments with the highest standards of legal service.
In managing our practice, I have bifurcated and specialised teams dedicated to corporate matters, intellectual property rights, litigation, and so on. I make it a point to check upon my team and ensure they have a comprehensive understanding of every aspect of a case and deliver holistic solutions to our clients and my team knows that I am always reachable, at any hour of the day.
My team understands the unpredictable nature of court appearances. I encourage them to approach each day with a fresh mind-set, understanding that there will be good days and challenging ones, but they just need to do their best, rest everything works out. Following timelines, reaching on time, promptly responding to clients and fulfilling commitments, takes you a long way and also separates you from the crowd. Many struggle to do these things and that’s how you become different.
Your experience spans multiple countries. Can you share insights into the challenges and advantages of handling legal matters in cross-border contexts? How do you navigate the complexities that arise in international legal representation?
Handling legal matters in cross-border contexts presents both unique challenges and advantages. One of the main challenges is navigating different legal systems and cultural nuances, which requires extensive research and collaboration with local legal experts. This ensures accurate understanding and application of relevant laws. Another challenge is managing time zone differences and communication barriers, which we overcome through flexible working hours and clear, concise communication.
The advantages include a broader perspective on legal issues and the opportunity to learn from diverse legal practices. It enhances our adaptability and problem-solving skills, making us more effective lawyers.
To navigate these complexities, we focus on thorough preparation, building a network of international legal contacts, and staying updated on global legal developments. This approach ensures we provide our clients with informed, comprehensive legal representation in any international context.
Mentoring seems to be an integral part of your role. How do you approach mentoring junior associates, and what advice do you find yourself giving most often to those starting their legal careers?
Mentoring junior associates is deeply rewarding, yet it comes with the responsibility of guiding them through the stark realities of legal practice. I often share my own experiences, emphasising that the transition from law school to the courtroom is challenging. The practical aspects of law are much tougher than academic learning, and even something as basic as reading a case file can feel overwhelming at first.
I remind them that internships, while valuable, are different from the reality of courtroom work, especially in litigation where initial earnings are modest. I started my career with a salary of INR 12,500/- p.m. despite my academic distinction, a stark contrast to peers in other fields. It’s easy to feel disillusioned, but persistence and passion are key.
The journey in law is filled with learning from mistakes and facing tough feedback from seniors and judges. My advice is to embrace each day as a learning opportunity. If law is your passion, the challenges you face early in your career will eventually lead to rewarding experiences.
I encourage them to have faith in their journey, learn relentlessly, and approach every new challenge wholeheartedly. The path may be difficult, but it leads to growth and fulfilment beyond monetary gains.
Passion in law leads to fulfilling outcomes, and I emphasise the importance of empathy and kindness in professional growth. The goal is to nurture not only skilled lawyers but compassionate individuals who recognise the power they hold to positively impact lives.
What insights can you share about the motivations and challenges for new lawyers embarking on a litigation career?
The path of litigation, particularly for first-generation lawyers, is often marked by a focus on service rather than immediate financial gain.
Many of us start by handling pro bono cases or assisting friends and family, building our practice without the expectation of significant remuneration.
This initial phase is crucial, as responsiveness and competence are key to retaining clients who often hold the misconception that lawyers are unreliable or deceitful. This is especially true for individual clients and small businesses.
Being successful in the legal world means being patient and not always focusing on immediate financial gains. This profession is all about learning, and you cannot become an expert overnight. It is more about consistently showing up, being open to new opportunities, and taking things one step at a time.
When reflecting on my legal journey, I recall the initial years where I was an external member of company’s Prevention of Sexual Harassment (POSH) committee. Despite being a part of their Internal Complaints Committee (ICC), I went beyond my role to assist in problem-solving. This dedication led the same company to later offer a retainer to my firm, entrusting us with the responsibility of handling all their corporate and litigation compliances.
Similarly, my empanelment with the State of Maharashtra before the Hon’ble Supreme Court of India followed a similar trajectory. Having previously assisted on various matters for the government to the senior, I gained the confidence to represent the State right from day one.
The lesson learned from these experiences is that in the legal profession, don’t view yourself as a junior but see yourself as a leader, there are abundant opportunities for growth and recognition. By actively contributing and going beyond the expected role, one can build lasting relationships and open doors to new and exciting opportunities.
Lastly, considering your journey and success in the legal field, what advice would you give to fresh law graduates who are just starting their careers? Are there any lessons you’ve learned that you wish someone had shared with you early in your career?
Reflecting on my journey, I wouldn’t label it as a success; it’s still unfolding. A crucial understanding I have gained is the importance of compassion in the legal profession.
Recognising that everyone handles pressure differently and allowing space for growth and mistakes is vital. We all err, and it’s about learning and improving. Have faith in your team, rely on friends and connect with seniors. Help and seek help, there is no shame in asking what you don’t know yet.
Early in my career, I was advised to keep going! and it’s something I firmly believe in. To fresh law graduates, my advice is to take it one day, one hour, or even one minute at a time. Be patient with yourself and your seniors. This profession will test you, but the key is to keep getting back up. Many may leave, but those who stay, grow immensely, both intellectually and financially.
As the founding partner of Shepherd Law, I started with ‘file No.1’ and have now surpassed 500 active case files. This growth symbolises persistence and dedication.
Another lesson that I have learnt is that one should preserve their mental peace to create a healthy work-life, in the high-pressure world of litigation or corporate, where intense concentration and problem-solving are constant, a hobby serves as a therapeutic escape. It provides a chance to unwind, offering a mental break from the complexities of legal cases and courtroom dynamics.
Therefore, my advice is simple, yet on bad days, extremely difficult to follow. ‘Just don’t give up yet!’
Can you share your journey and how you ended up becoming a litigation attorney, especially specializing in intellectual property disputes, arbitration, and corporate laws?
It all began from a small town called Chittorgarh (Rajasthan), where I was born and did my schooling. There people were aware of only very limited career options such as engineering, BBA, MBA or BCA, MCA. Most people opted for one of these.
I was not inclined towards any of these and was honestly quite confused at that point. It was then through a relative that I got to know about the integrated course of BBA, LLB. I researched on the subject and that’s where I was hooked. That was my first exposure to legal life.
During college, I participated in a few moot court competitions (most of the time as speaker), as well as took on internships every semester. So while my initial mindset was towards joining a company as in-house counsel, from these experiences, I learned about my acumen as a litigator and speaker. Most importantly, I enjoyed it tremendously. I understood that a legal career is like a tree with several branches, but the trunk remains litigation i.e. the Court practice. Because no matter which branch you choose as your career, you will always find your way back to the trunk i.e. the court cases and litigation.
By the time I reached my final year of law school, I was sure that I would start my career most definitely with litigation to learn drafting, filing, arguing, preparing for Court hearings, etc. Basically all the aspects of litigation. After graduation, I joined a law office in Jaipur, Rajasthan.
In Jaipur – at my first job, I was handling Intellectual property infringement cases. I also helped some of my seniors in court while appearing and arguing bail applications and other cases, with no charge. My focus was to learn as much as possible in my first year. This is how I got several opportunities to argue IP infringement cases, bails, criminal first appeal, Arbitration petitions, MACT cases.
While the experience in Jaipur was a very rich learning experience for me, I was still worried about my financial stability. At the same time, I also started enjoying the process of preparing cases, finding case laws, preparing arguments, occasional long nights and then arguing in Court. All it took to make up for any tough nights, bad days, etc., was a single compliment or favourable order from the bench.
Another subject that has piqued my interest since my college days is the law of crimes. Naturally, I dabbled in this field as well. That said, soon I realised that Intellectual Property laws and Arbitration are comparatively newer statutes with a lot more coming especially in terms of interpretation and evolving jurisprudence. Being a first generation lawyer, I was especially keen on taking on a new challenge and mastering it- drawing me into these new subjects.
Even when I was practicing in Jaipur, I frequently travelled to the Delhi High Court for various IP and arbitration matters. Slowly I realised that the scope of learning is far wider in Delhi for these subjects motivating my move to Delhi.
In 2017, I got an opportunity to join a law firm in Delhi where I learned a lot about Intellectual Property Laws- such as civil and criminal cases, enforcement and raid actions, communicating with clients and general advisory. This was great exposure and after a few years I took the risk and finally decided to go independent. I wanted to explore and learn matters arising out of various other laws such as Criminal cases, Arbitration matters, other Commercial disputes, etc.
During my independent practice, I came in contact with the Senior Partners at Ediplis Counsels. The very first conversation was fruitful as they not only understood my passion for litigation but in fact appreciated it. So much so that I was offered a partner position to develop and manage a team for litigation.
With almost a decade of experience practicing law, can you highlight some of the most memorable cases you’ve worked on, particularly those involving the interface between criminal and corporate laws?
Ahh! I always find these questions very tough to answer. I treat all my cases like my baby and it’s always difficult to choose your favourite child. However I still remember one fine day when my senior in Jaipur called me for a meeting immediately. I was informed that an FIR was lodged in Kota against one of our clients for alleged copyright infringement. This client was in fact a senior citizen. He was being taken from Alwar to Kota (Rajasthan) under custody and I was asked to leave immediately to figure out his release. This was particularly important as Diwali was approaching. I reached the police station at Kota and tried to convince police personnel that the allegation in the FIR does not constitute any offence under the Copyright law, however all efforts went in vain.
The next day, my senior was supposed to join me but due to some unavoidable reasons he couldn’t make it. This was when I got the opportunity to argue my first bail and my client was released. When I returned to my office in Jaipur, my senior gave me my first salary. For obvious reasons, this case is still very close to my heart.
Another very interesting and relevant scenario is when we recently filed an action against a social media influencer who had uploaded multiple defamatory/disparaging videos on YouTube. In this day and age of the internet, it was of utmost importance to take swift action to prevent dissemination of defamatory/disparaging content. After consulting with our client and relaying our strategies, we were able to file a suit for injunction and damages wherein on the first date of hearing, we secured an ex-parte, ad-interim temporary injunction against the social media influencer. Google was also directed to take down the disparaging videos from their platform Youtube.com
At the moment, we are also handling a very unique case of identity theft where an unknown person has obtained illegal digital signatures in the name of our clients, created fake LLPs, and filed trademark withdrawals impersonating our clients. We filed a writ petition seeking appropriate directions from the Delhi High Court and the Hon’ble Court was pleased to direct the government departments to reply to the representations submitted and resolve the issue within two weeks. Since these discussions and a final resolution is impending, I cannot disclose any further details for now. We curated an out of box strategy for our clients here and I’m happy to report that it has provided good results.
Having worked with different law firms and currently heading litigation at Ediplis Counsels, what factors influenced your career decisions and transitions between firms?
Litigation is generally also called “practice” i.e. the more you work, the more you learn. When I use the word learning, it is not limited to various laws and Court cases but also extends to communications and handling different clients. Each client is unique and accordingly needs different kinds of solutions, patience levels, strategies, etc. My transitions between firms was motivated by the various learning opportunities that each place provided. At every firm I have learnt a lot – not only have I learnt how to handle different kinds of cases but also to handle different kinds of clients ranging from a poor needy person, to a new and promising start-up, or even an established conglomerate or governmental body.
Finally, joining Ediplis as Partner was a conscious decision as now I can not only independently use my experience to serve the clients, but at the same time can always strategize with other senior partners who are experts in their respective domains.
Your profile mentions expertise in conducting civil and criminal raids for trademark protection. Could you share an experience or case that stands out in this aspect and the challenges you faced?
So in Trademark Law- there are two kinds of remedies against infringement, one a civil lawsuit filed before the Court seeking injunction and second filing a criminal FIR. In both the scenarios, it is imperative to conduct search and seizure at the premises of the infringer (also known as raid).
I have been lucky enough to be a part of both civil and criminal raids in my journey. It involves lots of research, right from the starting till the infringing products are seized. Each experience brings something new to the table – sometimes one may have to convince police personnel or even explain the basics of IP law, other times you may have it easy with personnel who already know the procedure. The risks can also vary as it is possible that the target entity is very influential in a local area. This could create problems right in maintaining secrecy which is a crucial component before any raid- the complete procedure is not only very filmy but very exciting also.
I still remember one raid which I conducted for a famous electronics manufacturer. The targets were spread out at 16 different shops in 6 markets located across 6 different cities of India. All the raids were conducted simultaneously. I was in a famous electronics market in Chennai. I had an intuition that this is not going to be easy and I will have to be really quick in my process. However, by the time my team and I were concluding the seizure, the whole electronic market surrounded us. There were approximately 70-80 people who threatened us and tried to detain us in the market. I decided to approach the president of the market immediately and convince him politely to let us complete the procedure. I explained to him that we were not taking any products and that we would only click photos, make an inventory and then they can defend their case in Court. After much persuasion and cajoling, we safely came out from that market. It was a bone-chilling experience. But we were happy when the task was completed.
Being recognized as an IP Specialist by Asia Law Profiles and a Recommended Lawyer by Legal 500 Asia Pacific, how have these accolades impacted your career and approach to legal practice?
The first feeling is always feeling happy and excited, when your hard work is recognized. I also treat them as milestones and it motivates me to put in more effort, with more sincerity.
Can you shed light on your role in advising and handling Custom Recordal portfolios for various corporate and Fortune 500 companies? What challenges do you often encounter in this domain?
The owner of an intellectual property can register its brand(s) with the Customs Authorities. This is highly recommended for brand owners. Once the brand is registered with the Customs Authority, the same is uploaded to a central database which can be accessed from all ports. Now, whenever a consignment is imported into India and customs officers suspect that it may be containing counterfeit goods, they seize it and call the representatives of brand owners (us in most cases). After a detailed inspection of the seized consignment, we file our reply stating whether the consignment has original or counterfeit goods. If the goods are original then they are released however, in case they are counterfeit, such goods are seized and destroyed thereafter.
There are many challenges which we face in this process- in order to get the brand registered we need to continuously follow up with the authorities, we also keep conducting trainings for the Customs officials to apprise them about the developments in the IP laws, about the new products of our clients and the new kinds of infringement which are being imported etc.
Given your background in both criminal and corporate laws, how do you navigate the complexities of white-collar crimes, bail applications, and other related areas?
We have been assisting our clients in conducting internal audits and to create appropriate risk mitigation strategies. Since the stakes involved in white-collar crimes are very high, we have to be very cautious, and thus as a general policy we have several meetings with our clients to understand their actual needs. Thereafter we curate an exclusive strategy for each client to move further. I always feel if due diligence and research is accurate, it becomes really easy to get a favourable order, be it bail applications or any other discretionary relief.
With your extensive experience, what advice would you give to law graduates entering the field today, particularly those interested in pursuing a career in litigation, IP disputes, and corporate laws?
Be patient and avoid peer pressure. Every person has their own journey. In the initial days of your career, focus on learning a variety of cases/laws. I particularly always recommend my colleagues to start from scratch and have strong basics. It is important to know the legal profession right from arranging files to arguing cases. Research and knowledge is key and something one must continue at all ages and experience level in this profession. Transparency and providing a very clear picture of the case and potential results to your client is imperative.
Can you share with us the journey that led you to pursue a career in law, and what specific experiences or influences played a role in your decision to become a lawyer?
I am a first-generation lawyer and hail from Mount Abu, the only hill station in the state of Rajasthan. While my childhood was spent playing soccer and exploring the wilderness of my town, little did I know I would be becoming a lawyer. Well, I can say the first thought ever came to my mind to become a lawyer was in 8th grade when my father, a businessman, once bought the constitutional book for his simple curiosity of reading it. No, he never wanted to become a lawyer, nor did he understand the legal text, but his choice to bring that book changed my life forever. Of course, television plays an important role in seeing court functions and, most importantly, seeing a duty on a lawyer to fight for someone he or she didn’t know. Another reason that motivated me to become a lawyer was my connection with the wilderness. When you’re close to nature, it is very obvious that you would be very philosophical, and I firmly believe that those encounters with nature were another quite solid reason for me to dream of becoming a lawyer. I was very curious, and the next thing I did was wonder how I could achieve this dream of becoming a lawyer. There was none who could guide me, but I also believe a path searched and chosen by oneself is the one where you do not get lost. I succeeded and joined a law college in Jodhpur.
Establishing a law firm at the age of 26 is quite remarkable. What motivated you to take on such a significant endeavor at such a young age, and what were some of the challenges you faced in building your own legal practice?
When you have clarity of thought and are able to take risks in life, things become achievable. Though it does not guarantee success, it warranties you, assures you to keep going, and when you feel down, it gives you hope to continue. I never followed the crowd collecting the internship certificates and academic accolades. I knew that law books are the same for everyone, and a degree from Harvard or Oxford is no guarantee of success in life. Though worthy degrees can give you placement, they can never give you a sense of satisfaction, especially when your dream is only to become a lawyer who practices law in the real sense and nothing else. Therefore, during my law school for the entire five years of my law, I joined a permanent internship with Rtd Chief Justice Rajesh Balia and majorly interned with Sr. Advocate Vikas Balia in Jodhpur. Since Jodhpur was not my hometown, I still had a choice to choose my life wisely.Bombay was next, a city that changed my life. It not only changed my life but also gave me a platform to show my merit. Immediately, shifting to Mumbai in the month of June 2017 with no background and only after a year of experience was a tough choice, which I never regretted. At the beginning, I faced very common issues like shelter, food, and survival, but God rewarded me with the risk. I was standing tall with limited earnings from individual briefs. I started my law firm, M/s Hitesh Soni & Associates, on November 27th, 2017, with no surety of covering the expenses in the future. I was always confident that if I had merit, I could do it every time. I never looked back then.
Congratulations on receiving the ‘Mahatma Gandhi Lifetime Achievement Award’ at such a young age. How did it feel to be recognized with such a prestigious honor, and how do you believe your work contributed to earning this lifetime achievement award?
Thank you. At first, it sounded like a dream and more of a fear with the title, as it is a precept to give to someone who wishes or thinks that he or she is going to retire from his or her profession, but after interaction with the award presenter, Smt. Meira Kumar, former Speaker of Lok Sabha, and noted personalities like Shri Lal Thanhawla, former Chief Minister of Mizoram, my perception proved wrong. I received the award at the age of 31, when I had just completed six years in the legal profession and five years at Hitesh Soni & Associates. I was the only young awardee in the field of law. Well, from the beginning of my practice until I received this award, I worked in a diverse field of law. This honor is more focused on how I started in a place like Mumbai, with no background, established something, and continued the same spirit, which must have contributed, and the rest are cases I worked on that I feel I should not discuss.
Your expertise covers a wide range of legal areas, including constitutional law, corporate and commercial law, international trade, customs law, immigration law, and white-collar crime. What drew you to these specific fields, and how do you manage to excel in such diverse areas of law?
These practices can never start with the practice of law, but the root is somewhere else. In my case, it is related to my law school days. I never studied for law exams only, but I interpreted the text as if I was going to deal with such cases in the future, and that’s the key. Reading is the key, and reading in a way not just for examination, is to keep in mind. Simply put, I never had any extra interest in any particular subject of law, but I was inclined and interested equally. In fact, if I can share more candidly, you have to be an expert in all subjects; what’s your next case? You never know.
Being featured in the “2023 Annual Guide to the World’s Top Lawyers” and receiving various awards like the International Achievers’s Award and the Rashtriya Gaurav Award is truly impressive. How do these accolades impact your approach to your work, and what do they mean to you personally and professionally?
Thank you.These recognitions bring a great deal of sense of maturity, integrity, and responsibility, specifically when justice in India is not always served hot. Actually, it is also another wrong perception; laymen think urgent reliefs are not justice. The legal profession is a triangle where you have only one edge, while the other edge is the opposition lawyer, and ultimately, the judicial system, which ultimately takes its time and decides finally. In the midst of this lies the other skill of a lawyer: to calm his clients and keep giving them hope, but more than simply giving them hope, you have to keep making consistent attempts for your client because, for you, it may be one of hundreds of cases, but believe me, for your client, that’s the only case and it matters a lot for them. I take it that way, and it helps me a lot. These awards remind me that when I saw a dream of nature somewhere, a prayer for my success was heard and answered. Though there is a lot to be done, it is just the beginning of a lifetime.
Your law firm, Hitesh Soni & Associates, has expanded its presence to multiple locations, including Bombay, BKC, and New Delhi. What challenges did you encounter while expanding your firm, and how do you ensure consistent quality and service across these different locations?
Mumbai was and will always remain a base for Hitesh Soni & Associates; after all, this is the place where my dream took flight. I am not so frequent, but I am a decent visitor to the Supreme Court of India. Whether it is related to our firm client or any other brief, Delhi is something you cannot avoid, not only the highest judicial body but also many other authorities, tribunals, and whatnot. We started the firm in New Delhi last year, in June 2023. The initial challenge for me was handling it without any partners there. Our firm is primarily operated and run by me and my wife, Adv. Vaishali H. Soni, and we are based in Mumbai, so it is a challenge for us to find a team of trustworthy individuals. I believe any law firm cannot go beyond the quality of minds that make it up. Thus, yes, it is challenging to look for like-minded individuals who can understand your value to the firm.
As the founder of an award-winning law firm, what role do you believe innovation and adaptability play in the legal profession, and how do you incorporate these elements into the services provided by your firm?
After international law firms came to India, good things happened, boosting innovation and adaptability for Indian law firms. Like ours, we have to keep adapting to innovation. Innovations for me are not just adopting AI and software but also matching the international industry standard for staff, juniors, and interns, who are ultimately India’s upcoming legal faces. Thus, it has a great role to play; without it, a law firm becomes outdated, and in these changing times, no one can afford to be that.
Given your extensive experience and success in the legal field, what advice would you offer to law graduates who are just starting their careers and aspiring to make a significant impact in the legal profession?
If you read my story, you would have experienced the challenges and had an idea of how I have done it, but to all fresh law graduates and aspiring lawyers, I advise you that it is immaterial how you started, where you started, and how you are going to start, but what is important is to remember that you are never going to feel down when you do not get an internship or a job; you do not get upset when you lose a case or a client backfires on you; and always remember that nothing can force a sun to set for a lifetime. Believe me, you are a sun, and the next sunshines are yours. Wait for your dawn to come. All the best.
Reflecting on the early days of your career, could you share with us how you embarked on your journey in law and the challenges you faced when starting Lex Favios? What were some of the key lessons you learned during those formative years?
I had a passion for Law from my early days and initially started as a Litigation lawyer, and after a few years in the profession found my calling in corporate law and eventually took up more specialised areas such as Mergers & Acquisitions, Corporate Finance and Hospitality. I spent 18 years working with large Indian Law Firms and was a Partner with laws Firms such as Fox Mandal & Desai Diwanji, before I embarked on my journey to start Lex Favios. One of the biggest challenges was to retain clients, and find the right resources and lawyers to be part of a startup Law Firm. The initial one year was more challenging, as it took a lot of convincing to clients that we can provide quality legal services in diverse areas of practice. Further, another key challenge was hiring good lawyers with experience. However, we were able to retain talent and provide quality legal advice to the clients, by ensuring that each practice area has lawyers with sound legal knowledge of its respective field. The key lesson has been that a great Law Firm is built with great human resource and by ensuring that you provide legal advise only in areas in which the Firm has an expertise, as the clients today are looking for specialised legal advice.
Being admitted as an Honorary Fellow of the Association of Fellows and Legal Scholars is a remarkable achievement. Could you share how this recognition came about, and how has it impacted your professional journey? Additionally, with numerous awards under your belt, how do you handle the balance between individual recognition and the collective success of Lex Favios?
I always had a passion for legal writing, and I contributed to the journals of Honorary Fellow of the Association of Fellows and Legal Scholars and they published my Article in the Journal, which was a great achievement which lead them to admit me as an Honorary Fellow of the Association of Fellows and Legal Scholars. The said achievement was a great validation of the legal work being done by me and also led to being recognised by the clients. All the awards I have won or been honoured with has been a great affirmation of the work done by me in the legal field and in diverse areas of practice. Each award is a validation of the legal contribution to our clients and the faith that clients demonstrate. The individual recognition helps in pitching to new clients and for new work, as it demonstrates our expertise in diverse legal areas and part of “A” List of top 100 Indian lawyers, goes a long way in boosting client confidence with the quality legal advice the Firm can offer.
India has seen some notable legal developments recently. Are there any ongoing cases or legal trends that you find particularly intriguing or impactful for the legal community?
Chief Justice DY Chandrachud established the group of companies’ doctrine as a valid and applicable theory in Indian arbitration law. For India-related dealings, the Cox and Kings ruling offers a comprehensive analysis of the Doctrine and its applicability in India. It is made explicit that signing an arbitration agreement does not automatically make one a “party” to the arbitration agreement. In situations when businesses are affiliated and engage in related transactions, this could be interpreted as agreeing to be bound by the arbitration agreement. Corporate groups should be careful to make sure the transaction is structured appropriately and that their conduct is in keeping with their aim when they want only the signatory firm to be bound by the arbitration agreement. They also need to be careful not to interfere unnecessarily with discussions or the fulfilment of contractual duties by another group company. The parties may also think about including explicit language in the contract to this effect.
Given your focus on capital markets and corporate finance, how do you navigate the complexities of international transactions, and what advice do you often find yourself giving to clients in this regard?
The key strategy I follow is gaining a thorough understanding of the laws and rules governing the relevant jurisdictions. This involves being aware of recent changes to the financial rules, corporate governance guidelines, and securities legislation.
I have been instrumental in handling various cross border transactions, both on the M&A and capital markets wherein our role goes beyond advising on Indian Laws and we work in collaboration with counsels in other jurisdictions, to understand the regulations pertaining to acquisition of equity, listing of shares in other jurisdictions other than India and bringing them in sync with Indian Laws. Indian companies listing outside India or setting ups operations outside India, need to adhere to both Indian Laws and laws of the country where the investment is being made. It is important for a legal counsel to be aware of laws of both the countries and advise the client on the applicable regulations and compliances. Unexpected difficulties during and after the transaction are reduced by having a thorough awareness of each entity’s financial situation, legal status, and reputation. Pre-transaction planning, negotiation tactics, and post-transaction integration plans are all included in this.
For aspiring lawyers entering the field today, the legal landscape is vast and evolving. What areas or emerging trends do you believe hold the most promise for young legal professionals, and why?
The need for legal experts who comprehend data protection, cybersecurity, and the legal ramifications of cutting-edge technologies like blockchain and artificial intelligence is rising along with our increasing reliance on technology. Legal experts who focus on privacy and data protection may assist companies in navigating laws like General Data Protection Regulation (GDPR) and provide guidance on the best ways to handle sensitive data, as data privacy is becoming an increasingly important topic. Remote work and legal IT tools are being welcomed by the legal profession. In the changing legal landscape, lawyers who are skilled at using technology to provide effective legal services and facilitate remote cooperation will be in a strong position. The areas of practice such as cyber security, date protection, artificial intelligence and insolvency are the new emerging legal practice areas for young professionals in the field of law.
Given the dynamic nature of technology and its impact on various industries, how important do you think it is for law students to develop expertise in technology law? Are there specific skills or knowledge areas within this field that you would recommend they prioritize?
Having a solid understanding of technology law is crucial for law students in the quickly changing legal world of today. Technology law interacts with many different businesses and legal fields, covering a broad spectrum of legal concerns pertaining to the use, advancement, and regulation of technology. Almost every business, including healthcare, banking, entertainment, and others, depends heavily on technology. In order to solve the particular issues posed by emerging technologies like blockchain, cybersecurity, and artificial intelligence, it is imperative to comprehend the legal ramifications of these innovations. It is also crucial to comprehend the legal ramifications of entrepreneurship and new company models as technology continues to spur innovation. Technology lawyers may help new and existing businesses navigate legal frameworks, protect their intellectual property, and make sure they are following industry-specific requirements.
Regarding specialized knowledge and abilities in the field of technology law, law students who are interested in this area should prioritize learning about cybersecurity and data protection laws and regulations, since these issues are becoming more common. Technology lawyers frequently handle matters pertaining to trade secrets, copyrights, patents, and trademarks. Understanding intellectual property law is crucial to safeguarding the inventions and developments of clients. It is crucial to be knowledgeable about privacy laws and regulations in light of the growing concerns about privacy. This entails being aware of local privacy regulations as well as the General Data Protection Regulation (GDPR).
Lex Favios has received recognition as the Best New Law Firm and in various other categories. What do you attribute this success to, and what goals do you have for the firm’s future?
As a Law Firm, I understand that teamwork, creativity, and a common goal lead to success rather than individual accomplishments. I wish to express my gratitude to our team for their excellent teamwork in navigating the complexities of the legal field by playing to each other’s strengths. I attribute this success to my skilled and dedicated team. The Firm has a dedicated team of lawyers, for each Practice area and each team plays a vital role in making the Firm meets its goal. Their expertise and commitment contributed significantly to the Firm’s success. As the legal landscape constantly changes, flexibility is essential. What has made us unique is our dedication to remaining on the forefront of legal trends, fostering innovation, and making investments in professional growth. In addition to overcoming the difficulties, we have grown stronger, more resilient, and better suited to assist our clients in a world that is always evolving.
The Firm is a member of Legal Netlink Alliance, a member network of USA and Europe, which enables us to provide legal services across the globe.
As for setting goals for the future, it includes the following expanding the firm’s legal knowledge to provide a wider range of services to clients, establishing new offices or broadening the firm’s clientele to include clients in other areas, bringing in new business and strengthening ties with current clients to grow the clientele of the company.
Beyond your professional achievements, we’re curious about your personal interests. What hobbies or activities do you find yourself drawn to when you’re not immersed in the legal world?
Beyond my professional engagements, I love to spend some time on reading books, playing golf on the weekends, watching law related web series and spending time with my family and kids, which is a nice rejuvenation and charges me for the upcoming week.
For aspiring lawyers or students pursuing a legal career, what aspects of their college journey do you believe are most crucial for their professional development? Are there specific types of internships or experiences you recommend they focus on to better prepare for the challenges of the legal field?
I suppose the most crucial aspect of their college is networking. One should build a strong network within the legal community. The students should attend seminars and conferences to connect with lawyers, judges and other legal professionals. To succeed in the legal industry, one must possess a strong foundation in legal principles as well as critical thinking abilities. To succeed as a lawyer, you must be proficient in legal writing and research skills. Finally, they should be taught and practice ethical and professional decorum. Integrity and trustworthiness are essential in the legal field. I believe that they should explore several legal fields as well in order to have a comprehensive viewpoint. This will help them in making educated decisions regarding potential career pathways.
You made a transition from a career as a musician and music producer to practicing law, specifically specializing in Intellectual Property Rights. Can you share the pivotal moment or realization that led you to shift your focus to law, and how has your background in music influenced your approach to your legal practice?
Firstly, I did not have a career as a musician. I started playing the keyboard when I was 12 (all thanks to my father), and later taught myself how to play the piano. Eventually, I started writing and composing. I even wrote during my board exams, just letting out my thoughts and experiences on paper. While I wanted to become a musician back then, my parents were clear when they said ‘get a degree’ and then to follow my passion. So, music really did not have anything to do with me pursuing law. Just wanted a degree.
When I was in college, I started playing in a couple of local concerts and worked on a few documentaries/short films for my friends. The two worlds of music and law came together when I was interning in 2012 in Bangalore, and I read about Entertainment and Media Law. The logic was, law is in everything around us, so why not in music? I started finding case laws, scope of the field and how to make a career as a Media and Entertainment Lawyer. I got support from my then senior I was interning with, Mr. Harikrishna Holla, who without a moment of thought, gave me case laws to begin with. Over the next 3 years of my bachelors, I interned at renowned IP firms, with a specific focus on Media and Entertainment.
To be honest, the process of writing, composing, producing music, watching my friends direct, edit or write scripts gave me the behind the scenes experience. This really helped in understanding contracts, and how Copyright works. Today, when I am advising an artist, or just talking to them about their music (because why not), I understand it much more than a few of my contemporaries. The Artists also like it when I do not ask them to explain technical terms.
There’s nothing to complain about, as I am living the best of both worlds and finally I am able to do what I always wanted to do.
As the founder of SIVARAMAKRISHNAN LAW OFFICES, what principles guide your approach to providing legal solutions, particularly in the realms of Business and Intellectual Property Rights?
Before starting my own practice in 2021, I had worked with law firms and media companies. I dealt with both Indian and international clients/entities and when I decided to go independent, I found my place in working with start-ups and individual businesses. I figured that there are start-ups/small businesses with less than 5 employees, and have freelancers or consultants on board serving them in their day-to-day activities, so they might not need a law firm with many lawyers on board.
Thus, I started pitching my services as an IP and Business lawyer, who will not only take care of their IP portfolio or streamline it, and will draft/review contracts for them at a cost which is nominal. Even the businesses understood that there is a lot that can be taken care of with a minimal team and less resources.
One principle I stand by till date is, giving time to the clients. Working with law firms, I saw that the business decisions in big companies are taken internally, and the work that was sent across was limited. On the other hand, small businesses suffer as they do not have anyone on board, thus, I proposed I will attend internal meetings, conduct negotiations for the clients, and advise them based on their vision and future prospects. Till date there are a few clients who take note of this and want my presence or time as if I am part of their management team.
Lastly, most businesses run away from the thought of reaching out to a lawyer. It has a lot to do with the costs they will incur, and the stereotype image of a lawyer/advocate. So it’s better to make them comfortable with the thought that lawyers are essential and bring value to the table. I also tell them that if they start their business properly, the likelihood of them running into any kind of problems when they grow or have an exit, reduces.
All my clients and those who approach me, know how I work. So if anyone is in line with my thoughts, they will stick around. Just give them something extra.
Your experience covers various industries, including entertainment, packaging, FMCG, healthcare, and finance. Among these diverse sectors, is there a particular type of case or client that stands out as the most memorable or challenging for you, and why?
One case does stand out for me, and is still very close to my heart. When I was working with a law firm, I worked on a proposition i.e. ‘Registration of geographical marks’. During the registration process of that geographical trade mark, it was challenging to explain to the Trade Marks Examiners that the mark applied for was eligible and entitled to registration. A similar matter was being heard before the IPAB for the similar proposition, and I was working on that too. Unfortunately, the order was unfavourable and we had to file a writ petition before the High Court of Delhi. With little to no experience in handling a litigation matter, I was given the task to draft it, and research for the proposition.
I still remember I researched the changes in the Indian Trade Marks Law from the 19th Century till then, and also learnt how the common law developed internationally. I struck gold when I found a similar case which was decided by the UK Intellectual Property Office. It felt amazing to have found at least an explanation to the proposition, and then began the process of drafting the Writ. We finally filed the Writ Petition and got a decently favourable order based. That was my first litigation experience.
My key takeaways from this experience were; 1) that part of being a lawyer/advocate is to think out-of-the-box most of the times, and that’s how the law remains dynamic for the times to come; 2) I learnt how a matter is filed and presented before the Court; 3) gave me confidence in dealing with challenging work. Today, because of that amazing experience, I am advising other Advocates in IP matters as an external counsel, and also helping businesses solve their issues from management structures to business proposals.
For me, the major credit goes to my seniors who had my back at that time.
Congratulations on being credited as the legal advisor for the feature film “Chitrakut” (2022). Can you share your experience working on this project and any unique challenges you faced as a legal advisor for the film industry?
Thank you, I ticked it from my bucket list. The film had already premiered at a film festival, and the Producer/Director of the film reached out when they were editing the film for the big screen. That’s where I worked closely with the production team on their rights and interests in various assets of the Film. We negotiated and entered into various film distribution, music distribution and rights management agreements, among other things.
The best part was it was the Producer’s debut film, and so was mine (as a lawyer. There were back to back meetings and research that I had to take up, to ensure that the project sails smoothly. It was an amazing experience to see my name up on the big screen, and I still thank them for allowing me to be a part of it. That opened the doors for similar projects.
I think if I have to pin on something as a challenge, it would be the fact that I worked on it alone, independently. I had only been independent for 2 months before I began with the project, so this was a good boost. I am surely waiting for more projects.
You’ve worked closely with Bollywood singers, musicians, and publishers. In your experience, what are the current challenges and opportunities for artists in the music industry, especially concerning royalties and benefits?
It’s unfortunate that the term ‘Royalty’ has been glorified so much that the artists feel that’s the only point of concern for them. They can’t be more wrong, as royalty is only one stream of revenue for them.
India has thousands, if not lakhs of artists in India, who are day in day out writing, composing, producing music, collaborating with other artists, but I bet majority of them do not think of it as a business. Sadly, many of them are not even registered with the IPRS (Indian Performing Rights Society). I personally believe many of them believe in fame or celebrity status, or want to be signed by a which is not wrong, but only a tip of the iceberg. If history has shown us anything, it all fades away, for most of them.
How does one resolve this? Artists need to start learning and understanding the concepts of publishing, revenue share and most importantly about their rights. I am pro towards curriculum which teaches artists about the music business, but many of them are still unaware of the insights. I have been working with artists who come from small towns, and they had never dealt with contracts. Some even started using ChatGPT and don’t have any idea about what they are signing.
Today, there are many YouTube channels, podcasts, articles, etc. which share a lot of information on ways to scale your music career. I even know artists in my peers who have taken up certificate courses in media and entertainment law. Even if someone cannot learn due to their limitations or circumstances, there are lawyers, managers, freelancers, and even senior artists who are ready to assist them with their issues.
Lastly, there are associations such as MCAI – The Music Composers Association of India, IMI (Indian Music Industry), ISAMRA (Indian Singers And Musicians Rights Association), among many others, who are not only providing information to artists, but they will get access to a community.
I have coined my 3C’s, 1) Create; 2) Contract; 3) Collect.
As someone who believes in making an IP conscious India, how do you break down complex legal concepts to make them more accessible, and what steps do you think are crucial for increasing awareness of intellectual property rights in the country?
Since the time I was introduced to IP in my second year of law school, I saw the world differently. I always say this, ‘IP is in everything’, whether it’s the phone, website, content, chair, to medicines. And how many people would actually know that they have created IP? Do they exploit it effectively?
In the past 3-4 years I have uploaded and written content on specific topics on social media. I answer questions on Quora, and don’t look at it as a platform for lead generation. There are some very interesting questions that are posted there by people, which shows how aware they have become about their rights. I see a lot of informative content from my contemporaries on social media.
I never intended to make an IP conscious India on my own. It’s impossible and foolish to think that I could. So it becomes important that the future generation of lawyers know the kind of opportunities that lie in the field. I have taken up opportunities to conduct workshops/seminars in colleges, both offline and online, where the students get a hang of what they can do in the world of IP. Even if I am able to make an effect on 2 out of 100 students, I consider it a job well done. Some of the students who interned with me have gone out and shared knowledge and information to others around them.
Effective resources and courses for non legal businesses are important. IP Law is already part of many creative education programs, but there needs to be more conversation on them. Conferences, online seminars, interviews, Q/A rounds, etc. are being done and have to be conducted by many more people.
In addition to your legal practice, you’ve conducted seminars in colleges to provide a unique perspective on IPR. What motivated you to engage with students in this way, and what message do you aim to convey to the next generation of legal minds?
I learnt and perceived law in a different way. I was not academically strong, and I would give credit to the places I interned and worked for what I have learnt. My approach to law was defined by the practical aspects. I understood music so it became easier to understand the process of creation and distribution of the songs. I focussed on what was happening in the media and entertainment industry, understood the business before I advised a client.
Most of the students, till date, think that one has to become an Advocate to have a decent career in law, which is so not true. I have hardly done any litigation, and I have found so many avenues to curate my practice today. I am an advisor, consultant to the management, personal manager to artists, and even deal with their royalties. So why not share the way I did?
Time to time I have spoken at webinars, seminars and workshops for colleges, and I aimed to share information on practices which are not commonly heard of. To keep things interesting, I share cases or instances which the students can easily relate to, which eventually peaks their interest. My advice to young minds has always been to look beyond what they see. Again, law is in everything, so definitely there is something for everyone. You could be an artist manager if you’re into music, or work with production houses if you’re a movie buff, book readers can review scripts (yes, lawyers do that), people with an inclination to managerial positions can be part of a company and fix it from the inside. It’s just a matter of time before they figure out their interest and start working towards it.
Your journey involves working with renowned law firms and companies, including your tenure at Showbox and 1 Sports. How has your experience working in these different environments shaped your understanding of the legal landscape, especially in the media and entertainment sectors?
I saw a stark difference between the practices lawyers have to take up when they are at a law firm or at a company. I feel that in the field of IP, the experience in a law firm is dependent on the portfolio that you are alloted whereas, at a company you’re like the legal part of a brain. At the law firm, I got to work on different kinds of trade mark matters for clients from various industries. But at the company I got to know the internal decisions of brand creation, as I got to work with various departments. It helps a lot and gives one an edge when they work closely with the business. Some are in fact able to achieve it working at law firms.
At Showbox, I could interact with industry professionals such as A&R (a concept I came across for the first time), and worked on creation of different IPs for the channels. At 1 Sports, I got to work on Distribution deals for the channel along with broadcasting agreements. In short, I not only understood and drafted , but saw most of them practically happen in front of my eyes.
The icing on the cake was to meet artists.
Looking ahead, you mentioned working on a model for IP Asset Management. Could you provide a glimpse into how this model aims to benefit individuals and businesses in effectively managing their IP portfolios?
In the past two years I have come across clients with different sizes, revenue, and approach to business. But there was one thing common in most of them. They don’t understand the difference between ‘registering a trade mark’ and ‘creating a brand’. That’s where I bring my expertise and resources.
A business might already have an IP attorney on record, but creating a brand is an internal process, and usually a lawyer is not engaged by the company except during coining the trade mark. But, have they determined their IPs? In most cases, no. So, this becomes my chance to become a consultant for the Company, for a short period of time, where I would shortlist their IPs, make sure appropriate applications have been filed, rights and ownerships are in place, and finally, they are streamlined so their regular lawyer can take care of it.
It’s purely an IP analyst kind of a position, with no intent to solicit clients. I have already done this for 3 clients last year, and that’s how I came across this idea. From what I see, this is beyond the generic IP registrations services. The whole process to build a deck on it is still pending, but the work has already started for my regular clients.
On a lighter note, outside of your professional life, do you have any hobbies or interests that you find particularly rejuvenating, and how do you balance your work with personal pursuits?
I have a piano at home, which I would switch on and start playing random songs, latest or old ones. Sometimes good compositions come out of it by accident. I write poems too.
As a kid I was a bookworm, which I couldn’t keep up when I started working. But for the past two years I have managed to finish around 15 books each year. I know it might not seem like a lot, but I am glad I could catch up on that childhood interest. Past 6 months I have read a few non fiction books, which have really helped in my management, negotiations and people skills too.
Being a sole practitioner, I have some freedom and control over my time. I can decide the clients I onboard. Sometimes I push the brakes on a random weekday, only to watch a movie and not work. I hope my clients don’t read this!
But there are consequences of habits too. My family might complain that I sit late at night to work, while I have the day to keep things light. Now, as I am growing older, I have realised that health is important and there has to be a system to keep everything from work to life in check.
Everything is fine till it’s kept under control.
I would really like to thank Team Superlawyer, especially Namrata for reaching out. It has been a pleasure answering the interview questions, which have been well crafted. I think I can take this off of my bucket list!
Can you share with us the journey that led you to pursue a career in law, and what motivated you to specialize in dispute resolution?
I developed a keen interest in law early in my academic journey, drawn to its complexities and its potential to address societal issues. Additionally, in my formative years, I was heavily inspired by my grandfather who was also a lawyer but never had an opportunity to practice due to certain family obligations. During my LLB course, I engaged in various legal internships, gaining exposure to different areas of law. It was during this time that I discovered a particular fascination with dispute resolution. My dedication to this field grew stronger as I observed its profound impact on individuals and businesses. The prospect of aiding parties in resolving conflicts became a compelling force guiding my career path. During my tenure at both Spectrum Legal and Trilegal, I was given ample opportunities to delve deeper into my interest in dispute resolution, establishing a robust foundation in the process. These experiences afforded me extensive exposure to a diverse range of matters and an overarching understanding of dispute resolution strategies.
Your experience at Spectrum Legal involved handling a diverse range of legal issues. Could you highlight a specific case or project that you found particularly challenging or rewarding and share the key lessons you learned from it?
Due to the confidentiality of several cases I handled, and their ongoing status, I am unable to disclose specific party names. However, I can reference several significant cases I worked on, some of which have been publicly reported on forums such as Bar and Bench. One of the initial cases that I extensively contributed to involved addressing alleged defamatory content posted by a journalistic entity against a highly esteemed startup. This particular case underscored the substantial impact that swift action and a well-thought-out strategy can have on a company’s business, emphasizing the importance of meticulous drafting. The primary challenge in this matter was ensuring the prompt filing of the plaint and getting quick interim relief, as time is crucial in all civil defamation cases.
From your time at Arrow Law Partners, what aspects of being a Partner have you found most fulfilling, and how has your role evolved compared to your previous experiences as an Associate?
This question holds particular interest for me, given that I established Arrow Law Partners just a few months ago, and the experience has been incredibly enlightening. As an associate, one can rely on various colleagues and partners for support and assistance. However, stepping into the role of a partner has meant taking on the sole responsibility of ensuring that I deliver the best possible advice and service to my clients. The most rewarding aspect of this transition has been engaging in discussions with clients, where my focus is on presenting all available options alongside my recommended suggestions for approaching a matter. Recognizing that the initial move in every case may not necessarily involve approaching the court, I find it essential to adopt a holistic and commercially minded approach to achieve the desired result. Consequently, the practice of dispute resolution strategy itself has become a vital component, emphasizing the importance of considering alternatives rather than advising every client to directly pursue court action or initiate arbitration.
In your role at Trilegal, you contributed to the dispute resolution team and participated in due diligence processes for potential mergers. How did this experience shape your perspective on the intersection of litigation and corporate transactions?
My experience at Trilegal has proven to be invaluable in fortifying my expertise in dispute resolution and expanding my perspective on approaching various matters and disputes. Involvement in due diligence and merger applications played a crucial role in deepening my understanding of the commercial aspects inherent in each case. This exposure shed light on the considerations companies weigh before delving into discussions about potential mergers Initially, with my primary interest lying in dispute resolution, I may not have seen the immediate merit in working on such matters. However, through active engagement with these cases and collaboration with other teams, I gained insights into the practical intricacies associated with mergers. This experience illuminated how any dispute could significantly impact the potential success of a merger, providing me with a more comprehensive understanding of the interconnected nature of legal practice.
Given your extensive experience in the legal field, what advice would you offer to recent law graduates who are embarking on their careers, especially those interested in dispute resolution and arbitration?
My primary advice is to immerse yourself in diverse experiences and tackle various types of legal matters by diving in to the deep end. Given the increasing number of law graduates each year, the upcoming generation of dispute resolution lawyers will focus on specialisation. The key to understanding your interests and identifying your niche lies in gaining exposure to a range of cases Starting by actively participating in different aspects of legal work, including running around to handle various tasks, is crucial. This hands-on experience is where you acquire the fundamentals and practicalities of dispute resolution. I often advise new lawyers and interns to attend court sessions and observe proceedings, as it offers valuable insights into argumentative styles, reading the judge, and presenting effective arguments. This exposure is indispensable for honing essential skills in the field.
