Can you share with us your journey into the field of law? What initially inspired or motivated you to pursue this career path?
My journey into law was less about being a lawyer pr pursuing a career in law and more about pursuing something that I thought might be interesting and engaging to study. And here I was not wrong. While I was unaware of what the practice of law entailed, I was fascinated by the study of it! I took it up as a challenge and as a way to study something I enjoyed while I took the time to find my “true” career. My love for the field and its practice developed later, as I began to study more and engage with the subject matter in a more practical manner.
I discovered that I thrived on navigating the nuances of law and developed an analytical outlook on issues. I also found that I would get easily bored when things become monotonous, which is not the case with legal practice.
I’m always on the lookout for new challenges and the field I started my law career in (IPR) just happened to be one where things are constantly evolving. I also got to be at the forefront of new technologies and legal issues arising from them. The law was being developed in real-time as real-world problems from compliance and business issues emerged.
This dynamic environment, where I could apply the word and spirit of the law and provide practical, often creative solutions, was something I thoroughly enjoyed and loved. This passion has driven me forward for the last 16 years, keeping me engaged and motivated in a constantly evolving legal landscape.
You’ve had an impressive career trajectory. Could you walk us through some of the key milestones or experiences that shaped your journey in the legal profession?
Over the years, I have had the chance to explore various fields of law. My outlook as well as my career has been shaped by these diverse experiences and have significantly contributed to my growth as a legal professional. While the initial years of my journey were at a law firm, I have since worked in-house for several years as well.
Being at a law firm was quite a rigorous experience in the intellectual and purely legal aspects of my field. This is where I developed technical legal skills, gaining deep insights into Intellectual Property Rights (IPR) and understanding how it applied to different fields.
The transition to an in-house counsel role was, on the other hand, transformative. It required not only a shift in mindset but also your approach to problems. Working closely with business teams, I learned to integrate legal advice with business objectives, which in my opinion can only make you a more well-rounded practitioner.
This experience was incredibly rewarding as it allowed me to view legal issues through a business lens. The opportunity to collaborate with teams from diverse business areas and on multiple projects broadened my understanding of multifaceted legal issues.
These experiences naturally steered me in the direction of establishing WSA Legal, a niche practice focusing on IPR, technology, media, and data protection. Additionally, I have a keen interest in legal tech and developing processes that utilise legal acumen to make technological advancements in law. This has led me to work with the brilliant team at Curated LegalTech on developing some amazing legal-tech products.
These cumulative experiences have provided me with a broad perspective on the legal field and expertise, but also keep me engaged and fascinated.
Many people view law as a challenging and rigorous field. What were some of the challenges you faced early on in your career, and how did you overcome them?
The practice of law is both challenging and rigorous. Early in my career, one of the primary challenges I faced was the steep learning curve and the demanding nature of legal work. Handling large volumes of work with a high degree of intellectual engagement requires significant time management skills. You need to shift from looking at problems as hurdles and instead embrace a growth mindset.
Balancing physical and mental well-being in such a demanding field is also important and for most of us, not as easy as it sounds. In this, the role of mentors cannot be understated. They can help you thrive and achieve results even when you doubt yourself. I have been fortunate to have a strong and capable set of mentors and friends to guide me at all stages of my career – whether or not they come from the legal background.
Again, the change in outlook necessitated shifting to an in-house role was also quite challenging initially. Unlike before, my viewpoint had to expand and incorporate an understanding of business processes and goals into legal advice. You are called upon to be precise in answering complex questions and decisive in the way forward that you guide business in. You need to be engaged with your stakeholders and clients and can overcome these challenges if you grasp the business side and can communicate and collaborate with diverse teams.
Your expertise spans across different areas of law. Could you tell us about a particular case or project that you found particularly impactful or memorable in your career?
One of the most impactful projects in my career involved navigating the complexities of AI and its use by business in a specific area of operation which was earlier broken down into multiple steps and tedious and expensive review. This area was particularly challenging because the law is still in its nascent stages, and there were practically no precedents to guide new practices.
We had to innovate and provide resolutions, trusting that our advice would stand the test of time. The project required us to create a comprehensive framework, and SOPs and integrate risk mitigation for AI-driven solutions, ensuring compliance with existing laws while anticipating future regulatory developments. This meant developing novel legal strategies and creative solutions from scratch.
Working on AI from such an early stage was challenging but also incredibly rewarding. This experience also reinforced the value of integrating legal expertise with business strategy and working closely with technical experts, demonstrating that innovative legal solutions can drive business success even in uncharted waters.
In your opinion, what are some of the essential qualities or skills that aspiring lawyers should cultivate to succeed in today’s legal landscape?
Aspiring lawyers should cultivate strong analytical skills to navigate complex legal issues, excellent communication abilities to interact effectively with clients and colleagues, adaptability to respond to rapidly changing legal environments, a thorough understanding of technology and its implications on law, and a commitment to continuous learning to stay updated with evolving legal trends and practices.
The legal profession is known for its continuous evolution. How do you stay updated with the latest developments and trends in your area of expertise?
Staying updated on legal developments is crucial, but what I find truly enriching is engaging with individuals from diverse fields and gaining their perspectives, regardless of their connection to law. This fosters an open-minded approach and helps anticipate and adapt to changes that keep you at the forefront of your field. These interactions also cultivate a mindset that is innovation-enabling. Additionally, I believe it’s important never to be too proud to seek the guidance of mentors, whose insights and experience can provide invaluable direction in navigating complex challenges and seizing opportunities.
As someone with substantial experience in the field, what advice would you give to recent law graduates who are just starting their careers?
I would advise recent law graduates to focus on building a strong foundation of legal knowledge and skills through practical experience. Seek out mentors who can provide guidance and insights based on their experience. Stay curious and continuously seek opportunities to learn and grow professionally. Interacting and building relationships within and outside the legal profession can also be crucial for career development. Lastly, maintain a strong work ethic, integrity, and a commitment to delivering high-quality work—it’s often these qualities that set apart successful lawyers in the long run.
Can you share the story of how you started your career in law and the journey that led you to become the Founding Partner of MMA Associates and a Senior Panel Counsel for the Union of India?
Incipiently, my father encouraged me to pursue judicial services, however as I delved deeper into the field, I realized that litigation was where my true passion lay. Thereafter, I started my law career as an associate Advocate at Ahlawat & Associates, whereby I was afforded opportunities to appear before CAT and DHC, gaining valuable experience in service matters. Following this, I worked as a law researcher with former judge of Delhi High Court Justice VK Jain. This experience broadened my perspective on legal research and judicial reasoning, further solidifying my commitment to the field. After completion of this role, I joined SKV Associates where I specialized in consumer law and appeared in all the DCDRC’s throughout Delhi, SCDRC and NCDRC.
The next significant phase of my career was at ASA Legal Services LLP, where I joined as a senior litigation associate and after working there for a considerable period of 6 years, whereby I honed skills in litigation and advocacy, which prepared me for the next big step i.e. venturing into private practice. Founding MMA Associates was a natural progression in my career. It allowed me to bring together my experiences and insights to build a practice that prioritizes client-centric solutions and innovative legal strategies. Concurrently, I was honored to be nominated as one of the senior panel counsel to represent the Union of India, a role that has been both challenging and rewarding. In essence, my journey in law has been one of continuous growth and learning and each step has been a testament to my dedication and passion for the legal profession.
With your extensive experience in handling a wide range of disputes, can you discuss a particularly complex case you worked on and the innovative strategies you employed to achieve a favorable outcome?
In my career of 14 years, I have encountered numerous cases involving complex issues, however, most recently, in the capacity of a nominated counsel, I received an opportunity to represent the Hon’ble Delhi High Court in a complex matter (Karan S.Thukral versus Registrar Delhi High Court & Ors, WP(C) 6082/2019) which changed the landscape of how filings are done in all District courts in and around Delhi NCR. During the course of the matter, I embarked on an extensive study and research of the existing procedures, including the various modes and manners of filing, record-keeping, and the operational constraints faced by the courts. I delved into understanding the issues related to manpower shortage, space limitations, and how these factors affected the efficiency of the judicial process.
This experience reinforced my belief that the only strategy that is fruitful, is to ensure that there are no short cuts being employed and irrespective of what the eventual outcome is, one is working in such a manner that at all times the best foot is being put forward and 100 Percent is being given.
As a nominated counsel for the Hon’ble High Court of Delhi, can you share some insights into the unique challenges and responsibilities that come with representing such a prestigious institution?
Being a nominated counsel does come with its own share of responsibilities and challenges. One of the unique challenges in this role is the need to coordinate and communicate with multiple departments, to arrive at most appropriate solution.
Another key responsibility is to present these solutions before the Hon’ble Court, ensuring the same are both legally sound and practically feasible. This involves extensive research, thorough preparation, and a careful balancing of interests to ensure that the recommendations align with the broader objectives of the judiciary as well as public interests.
Additionally, representing such a prestigious institution demands a high level of professionalism and integrity. There is an expectation to uphold the values and standards of the court, which means being meticulous in your work, transparent in your dealings, and dedicated to achieving fair and just outcomes.
You have authored a book titled “A Girl with Brain Tumour – A Story with a Happy Ending” How has your passion for writing influenced your legal career, and what inspired you to write this book?
I am a cancer survivor. I was detected with brain cancer in 2019, which was a life-altering experience. My purpose to write this book was to educate people at large about the term “brain tumor” and how one can come out of it victorious. I felt a deep need to share my story, not just to chronicle the challenges and triumphs I faced, but also to offer hope and guidance to others who may be going through similar battles. I wanted to convey that, despite the odds, it’s possible to emerge victorious. Writing this book has been a therapeutic and empowering experience, allowing me to connect with readers on a personal level and inspire them with a message of hope and perseverance.
As someone who has transitioned from being a Legal Researcher to a Founding Partner, what key lessons did you learn early in your career that continue to influence your professional decisions today?
At the very early juncture of my career, I fathomed that a litigating lawyer needs to be a very patient individual and a very good listener. Patience and being a good listener go hand in hand, which gives you enough fuel to understand the perspective of the client and enables you to resolve the respective issue involved. Often as Litigators we come across client(s) whose sole desire is that their version of the issue/lis/dispute be heard and understood by their Advocate and once their counsel listens to them is gives them immense satisfaction.
What advice would you give to young lawyers who aspire to have a diverse practice area like yours? How should they approach building a career that spans multiple legal disciplines?
My advice would be to grab every opportunity to work with different firms/advocates/senior advocates during the nascent stage of their career in order to understand/fathom their inclination/path in a particular field of law. They should embrace versatility and remain open to exploring the various fields of law. Irrespective of what task you have been assigned be it inspecting a Researching Judgments, Inspecting Court Records, Assisting the Clerk(s) etc. consider the same as an opportunity to gain knowledge. Start by gaining experience in different practice areas, even if they don’t initially seem to align with your long-term goals. This exposure will broaden your knowledge base and help you discover your strengths and interests. No work is small or big, this is the golden period for budding lawyers and they should try their hand at everything and with time they will understand in which way they want to proceed. Furthermore, if a first generation lawyer like me can do it, then you also can do it but by being curious, adaptable, and willing to learn, which shall enable you to build a career that is both diverse and fulfilling.
Given the current legal trends, what areas of law do you believe will become more prominent in the next decade, and how should legal professionals prepare for these changes?
I believe that the concept of Mediation/Conciliation and other forms of ADR will become prominent, and more and more litigants instead of filing the case in respective courts, would pivot towards resolving disputes amicably with the help of legal mechanisms provided under law such as Mediation/Samadhan centers/Online Dispute Resolution Platforms established in each and every court.
Furthermore, with the advent and advancement of Technology in the recent times in the field of law, we have to embrace the same and be adept enough to inculcate it in our work environment.
How do you balance your demanding legal career with your personal passions? Please share some of your interests other than profession. How do these interests influence your professional life?
Personally, I think too much is made out of work life balance, there are days when your work has to be your absolute priority and you wouldn’t want to be any other place apart from your work, whereas there are times when one can afford some down time and do things apart from work, for me personally whenever I get the time I like to travel and explore new places. Movies are also a big interest of mine particularly thrillers and crime dramas, I also like to dance a bit and whenever I can, I like to indulge in it.
If you could bring about one change in the Indian legal system, what would it be and why? How do you believe this change would benefit the legal community and society as a whole?
The one change I would want in Indian legal system is to recruit more efficient manpower, on both judicial and administrative side, in order to streamline the pending cases which leads to delayed justice. This change would benefit the legal community by reducing the pressure on existing judges and court staff, allowing them to focus more effectively on each case. It would also lead to more timely justice for litigants, which is crucial for maintaining trust in the legal system. Simultaneously, digitalizing court processes—such as e-filing, virtual hearings, and electronic case management—would streamline procedures, enhance accessibility, and reduce delays.
This change would benefit the legal community by easing the strain on personnel and improving case handling efficiency. For society, it would mean faster access to justice, reduced case delays, and a more transparent legal system. Digitalization would also make it easier for people to interact with the court system remotely, making justice more accessible and reducing the need for physical presence in courtrooms.
MMA Associates offers a wealth of experience and expertise. Are there internship or mentorship opportunities available at your firm for aspiring legal professionals, and how can one approach you for such opportunities?
Yes. Any interested lawyer/law student can approach us at mmatassociates@gmail.com
Hello and welcome to another episode of Super Lawyer. Today, we have with us esteemed advocate Vishal Khattar, who is the founder of Patine Law Offices in New Delhi. He is also the Additional Advocate General for the State of Haryana at the Supreme Court of India. Welcome, sir, to our episode. Thank you for accepting our invitation and for being here.
Let’s start our journey of questions and answers in a more conversational manner. Sir, I would like to begin with a very basic question. When you decided to become a lawyer, how was that journey? What kind of challenges did you encounter when you started focusing on this career for yourself?
Just a small correction: the office goes by the name of Patine Law Offices. Now, I understand it’s a unique name. I attended a school where the alumni are called Patines, so out of dedication and affection for my school, I decided to name the office after it.
I’ve been a debater throughout my time in school and college, participating in several debates and declamation competitions. I earned some good distinctions and ranks in those competitions. As a result, one day, my principal—Mr. BBS Pathania, a great man—told me, “You will become a good lawyer.” However, being from a small town, the challenge was that I scored high marks in my matriculation exams, and since I was among the top students in the state at that time, my father’s expectations shifted. He wanted me to become a doctor.
I was a medical student in school, but despite my best efforts, I couldn’t make it to medical college. There were three colleges in my city, Rohtak: one for B. Pharmacy, one for MBA, and one for law. To avoid wasting a year, I applied to all three. When I didn’t get into medical college, I was accepted into all three of these institutions. Initially, I planned to pursue an MBA, but after discussing it with my principal, who advised me to go to law school, I decided to study law. He assured me that I wouldn’t regret the decision, and I believe he was absolutely right.
So, I chose to study law because I had an interest in it from the beginning, and it turned out well. I completed my five-year law degree at Maharshi Dayanand University in Rohtak. From my third year, I started interning in Delhi, and since then, I’ve been working here.
Sir, it definitely worked out for you. It seems the path was paved by your faculty, but you’ve made a huge name for yourself.
I was fortunate to be taught and guided by such learned teachers, my professors, and lecturers. I frequently visit my college to mentor students. They often ask, “Vishal, why don’t you come here more often?” I jokingly reply, “It’s because of all the extra blessings you’ve given me that I’m so busy. If you reduce your blessings, I’ll start coming more often.”
I did my final-year internship with a very good organization—sometimes called the most preferred employer in the world—General Electric (GE). They have a finance division here called GE Countrywide, and after my internship, they offered me a job. At that time, it was quite rare for my college to receive such offers, so it was a big deal.
In fact, it was the first campus placement offer received by our department. I joined GE as a legal analyst, though it was a contractual position. During one of the court proceedings, I was noticed by a professional who referred me to ICICI Bank. Early in my career, I joined ICICI Bank as the State Head Legal for Punjab and Chandigarh.
I gained experience with corporates, working at ICICI Bank and later with Tata Capital, where I was responsible for their North India legal operations. However, I never intended to pursue a lifelong career in the corporate sector, so I eventually decided to return to practice.
Sir, with such a trajectory in your career, when did you decide to start Patine Law Offices? What was the inspiration behind its establishment? What exactly sets it apart from others in the legal landscape? Additionally, if possible, we would request you to share some of the challenges and successes you’ve encountered.
See, If I talk about motivation, it always comes when there is a loophole in the system that you want to fill or a need in the industry. In the legal fraternity, we don’t use words like ‘market’ or ‘industry,’ but obviously, the driving and limiting factors are the same. However, I always believe in focusing on the positive aspects. There were good things happening, and we were part of those good things. So, we wanted to start something good on our own. It’s time that we should get independent. I should get independent.
So, we decided to start Patine Law Offices. The name ‘Patine’ and the email ID for Patine Law Offices were things I had already created during my final year. It was clear in my mind that every lawyer wants to be independent. We were just waiting for the right time, when we had some clients who could entrust us with work.
We started Patine Law Offices with a small 300 square foot office. Slowly, we have been able to serve clients from both corporate and non-corporate. We have a reasonable number of practice cases from non-corporate clients, as well as from corporates. In the corporate sector, we are involved in finance, banking, Fintech, and then also in the automobile industry. We have some e-commerce clients, and now we’ve started working in FMCG as well. Being a first-generation lawyer, I had to hustle for every client and for every bit of learning.
About six months ago, we started some operations in the UAE as well. We’re working for two clients in Dubai—one is a Fintech client, and the other is in renewable energy. So, we’ve started working for them as well. Every benchmark we’ve reached has been a story of hustle for us.
But I believe every first-generation lawyer has to go through that. You have to keep learning, reading, and seeking references every time. You’ll face rejections because clients tend to go for big names. This is a trend in our industry.
It’s like when you want to go for a bypass surgery, you’ll always ask who’s the best doctor. No one asks for a doctor who’s available; they want the best. The same principle applies to some extent in our profession—clients want big lawyers. But you have to find those who can trust you.
We were fortunate to find some clients who trusted us. Some corporate officers who had worked with me at that time knew how I performed, and somehow, things worked out.
So, sir, given this fact, you are holding currently, a very esteemed office of being an Additional Advocate General for the state of Haryana, at the Supreme Court of India, which in itself is one of the very prestigious things.
We would request you to shed some light on this particular role and the insights related to the responsibilities and how do you face the challenges, what kind of things do you do over there because that also will become an aspiration for learners as well.
For a litigation lawyer, it’s a very important milestone to have the opportunity at some point in their career to work for a public undertaking or the government.
When we talk about government panels or government cases, the documents, orders, laws, working methods, protocols, and hierarchy—these are things you can only learn when you start working for them. Like any other litigation lawyer, I was also looking for such opportunities.
So, when this position was advertised, I applied for it. I was fortunate enough to be appointed as one of the nine Additional Advocates General (AGs) for Haryana. My role involves handling cases in the Supreme Court.
So in these cases, in government work, there is a well-organized structure. Duties are well-defined, protocols are clear, and there is a very detailed bureaucratic structure. The protocols, documents, and their implementation are all clearly laid out. This makes it a great learning experience for any litigation lawyer working on a panel. Every case comes with its own challenges.
Sometimes, students or juniors who are close to us ask very genuine questions. They often ask, ‘What is the main challenge? How long will it take for me to become a good lawyer? How long will it take to become an independent lawyer?’ I remember something I learned from a senior at the Delhi High Court.
When I used to sit in the canteen, feeling worried, he would come up to me. Once, I remember discussing my concerns with him. He asked me, ‘What happened? You look very upset. What’s on your mind?’ It was 5:30 p.m. at the Delhi High Court. I told him, ‘I’ve been working so hard for two years, and though I’m earning, it’s not what I hear from seniors—about getting many cases, high fees, and having a good office.
He told me, ‘Look, our legal profession is not like an aircraft; it’s like a train. In a train, you have to stay on track. There’s no provision for overtaking. If you try to overtake, you’ll have an accident. There’s no going faster than your schedule, because if you do, you risk an accident. And if you slow down, someone will hit you from behind. All you can do is stay on time and keep moving. This is how a train operates, and this is how our profession works too.
Every day, you need to start at the same time, reach the courts on time, meet your clients properly, meet your deadlines, and do your research timely. If there’s a new law coming in, give extra time to study it. You need to keep improving. If you follow this schedule, just like a train, that’s how you’ll succeed in this profession.
And believe me,’ he said, ‘believe me, Khattar, every station will come. If you stay on track, you’ll reach every station.’ From this, I understood that perseverance is essential in this profession. You need to be consistent, regular, sincere, and disciplined. Whatever benchmarks are set for any professional lawyer, you will achieve them.
You know, my first mentor in Delhi was a Special Public Prosecutor. He used to speak to me in Punjabi and would say, ‘Khattar, you should know how to work, and then you should get work too. So these are the raw standard things we have learned from our seniors.
Absolutely beautiful standards and tried-and-tested tracks. The way they have taught you— ‘Kaam aana bhi chahiye aur kaam milna bhi chahiye’—is an absolute gem. Even running like a train is fascinating. But sir, you were ready to accept that as well, which is very important when someone is teaching or guiding you.
You took it as a challenge to follow this, and I believe that has probably been a key factor in your success. Sir, with all of this in mind and knowing that you specialize in constitutional law, what kind of thought process do you observe in the current generation? Since you encounter many individuals joining you as interns or juniors, how do you guide, train, or mentor them to contribute meaningfully to legal reforms and societal progress, particularly through constitutional law matters?”
Over time, as we began receiving more work related to commercial and marketing law, our main focus shifted to handling contractual and commercial cases—what we often refer to as ‘bread and butter.’ However, constitutional law has always been my favorite subject.
Whenever we receive a brief involving a constitutional issue or aspect, I make sure to keep that brief on my table and not delegate it to anyone else. This is a very good question and one of my favorite topics of discussion with new joiners in my firm. This perspective is something I learned from one of the great mentors I had.
He once quoted some lines from the Bhagavad Gita, telling me, ‘You are part of a bigger system. This bigger system means you are contributing to something larger.’ Let’s consider it in a straightforward way: A person whose rights have been infringed—whether by a family member, a government agency, or a private company—is unable to get what he rightfully deserves. He goes to a lawyer, and what does the lawyer do? The lawyer ensures that his case is presented correctly before the judge, and that justice is delivered to him. And not just justice, but meaningful justice—justice that is also executable.
As they say, justice should not only be done; it should also be seen to be done. So, justice shouldn’t only be on paper. This is what a lawyer does for such a person. If society is suffering from injustice, it is you who are ensuring, through your professional advice and service, that justice is imparted.
When justice is imparted, it restores balance. A society only survives and sustains itself when balance is maintained. Without balance, society will not survive for long; it will become chaotic. Therefore, young lawyers must understand that you are not entering this profession solely for its glamour or money.
You are not entering this profession just to become a good advocate. You must also realize that you are becoming part of a bigger system, and you will contribute to maintaining balance in society. The key to that balance, in this country, is our Constitution. You need to have trust in our Constitution.
You need to have trust in your country. Cursing the Constitution or the country won’t help. What helps society is having trust in the Constitution. The best thing the Indian Constitution provides is balance in society.
For the weaker sections of society, it strengthens them. For those who wish to speak for themselves, it empowers them. For those with different opinions, it empowers them as well. For state authorities and bodies that wish to work, it gives duties to the citizens toward those authorities.
It is a balance: you have rights, and you have duties. So, trust the Constitution. If you are able to work on and win some constitutional cases in the form of writs or public interest litigations, and make a difference through the orders you obtain from these petitions, you will be performing your duties in a more meaningful way.
Unlike many other constitutions that focus primarily on rights without emphasizing duties, ours strikes a balance. I may be wrong, sir, but that’s my understanding of our Constitution. The passion you’ve shown is overwhelming for me, especially when you discuss these matters with young lawyers. They also need to connect with societal progress as you do, giving back to society.
Sir, how do you involve or engage young lawyers, and how do you advise them on handling cross-border litigation or cross-border cases? Since you are involved in many domestic and international cases, I’m sure there must be some learnings that differ from how we work in India compared to how international entities operate in the legal field.
What insights or learnings would you like to share with the learners?
One thing I always make clear to anyone joining my firm is that you’ve entered a profession where, mark my words, the hard work required is extraordinary. When I say extraordinary, it is extraordinary. So if you want to run away, run away now, because you will never like yourself to be a kind of lawyer, wherein you will be spoiling cases of your clients, or him suffering losses because of your mistakes.
You might recall the recent NEET issue where memes were circulating about doctors who graduated that year making such mistakes. You don’t want to become that kind of lawyer. So, the first thing I make them realize is that today is your first day, and this is your first file.
There is no point keeping them busy for another year, just doing research, so that by the time they are in actual practice, they’re 28 or 29 years old and considering switching careers to pursue an MBA or GMAT. No, the only practice that we do here is different from other firms, and I have been a junior in many other firms also, so we allocate cases on day one only.
If not the entire case, then at least a part of it, so they have something to work on right from the start. Every day, you’ll find all my associates attending court, either virtually or physically, carrying the files. We are a pure litigation firm.
Another thing that I felt was missing in my previous experience with firms is the lack of interactive sessions. My associates expect me, as their mentor, to guide them on how a case should be handled. While I can’t do every time, I make sure that every seven to ten days, or every two weeks, we sit down together. I pick up one case or a specific issue, and we all gather in the conference room. I then explain the case, discuss how it’s being handled, and how it should be handled, along with some standard rules of drafting, pleading, and convincing—essentially, how these cases should be done.
Sometimes, I do this on an individual basis as well. This kind of one-on-one teaching and interactive session was missing during my junior ship at other firms. I always felt that if I’m working with a successful lawyer, I should benefit fully from their experience, rather than just being impressed by their performance.
So that’s what we are doing. And one thing we’ve noticed across all litigation firms is the new kinds of assignments we’re receiving. Corporates have now started thinking that since we are the lawyers handling their cases in court, where their agreements, contracts, and other documents are being interpreted by the honorable courts, we should be the ones drafting those agreements as well.
I believe it was around six years ago when we received an assignment from one of our leading passenger car manufacturers. They asked us to come to their office in Pune, stating that the redrafting of their agreement had to be done there. We were surprised because such assignments typically don’t come to us; they usually go to specialized drafting lawyers. But they explained that what needs to be included or excluded in the agreement is something we only learn in court. Since we’re the ones who defend and argue these points in court, they felt we should be the ones drafting the agreements as well. So, we conducted a two-day workshop and began the drafting process.
Now, this has become an additional task for my associates, who, while primarily focused on litigation, are also learning the art of drafting contracts.
And believe me, with both drafting and litigation coming under one banner, the outcome will likely be fewer litigations in the future. If you have a well-crafted agreement, it leads to fewer disputes, which will directly and positively impact the health of businesses in the country. This approach will also help reduce the burden on the courts.
As a small, first-generation law firm, we are committed to this idea. I believe there isn’t a single associate in our firm who doesn’t have a client assigned to them. Each associate handles at least one client, either independently or as part of a team of two to three people.
Wow! Sir. You are such an amazing law firm and the strategy is so good. Actually, the thing which you are talking about is absolutely innovative and it will rise to a standard where there will be lesser litigations related to it. You being so busy with all of these commitments, professional, and obviously your office commitment, then being an AAG as well is a bigger commitment.
How do you recharge yourself or unwind yourself from this kind of commitment centric approach? And are there any hobbies or activities which you keep on doing with your law office as well? Because obviously everyone is going through some of the other stress for sure. So how do you unwind yourself?
What kind of activities do you follow?
The way our schedule is, ma’am, this is a tricky question to ask a lawyer. Most of us might tell you that we play golf, but honestly, we don’t even have time for that. Let me share an incident I learned from one of my principal associates, Vandana. That day, someone was accompanying me, and I had a sudden change in the timing of a meeting.
I was back from court and was supposed to meet someone at 12:30 PM. The meeting got rescheduled to 2:00 PM, and this associate of mine was with me. When she returned, she was asked, “What does he do when sir’s meeting gets postponed by an hour?” She replied, “He goes to Connaught Place, takes a full round on foot, and buys some books.” The person then asked, “What happened? Why do you ask?” She said, “He took me with him, and we went walking for a full round.”
So, that’s what I do. If a meeting gets delayed and I have some time, I go to Connaught Place, take a full round, and visit some bookshops. It’s also a learning experience for young lawyers.
Read as much as possible. You never know when a topic will come up, and if you’re well-read, you’ll be ready with a response. The more confidently and content-rich you respond, the more it adds to your personality as a lawyer. The more books you read, the better you’ll evolve in your career.
In my free time, I read books. I still prefer older authors—I’m yet to be impressed by any new ones—and I hardly get any time. Although I have plans for the future, I’m not sure if they’ll happen. The best way to cool your mind and relax is to meet some friends at the High Court lobby and talk about this and that. After some time, we’ll end up talking about our children and how they’re growing up.
Other than that, we mostly talk about watches and pens.
Absolutely amazing and honest answer from your side.Yes, reading should be a favorite pastime for everyone. It’s a very new thing that everyone talks about everything around books. But if all of us will start sharing those wisdoms as well, it will help the people who work with us, although we talk about it, but somehow the books are not there in hands and I feel like that is something which I see only in High Courts and Supreme Courts that all our learned friends, they definitely carry books now. Earlier also it was the reality and now also.
Sir, given this particular inclination towards books and you’re always interested in reading and finding new books, many a times juniors or the new entrants, they have this particular point that we do not have this much to invest in this. How should we go ahead and do it? Sir, I would request you to answer this because we all have gone through this particular phase where we do not have enough to immediately buy so many books.
So how can we garner that particular reading habit? Probably you will be able to guide us through that as well.
When I started reading, I was in school and had access to a library. Later on, I realized that I could ask the librarian for a book I had heard about, even though there was no Google at that time.
All the new books’ information used to get published in Hindustan Times usually on the second or third page. I would tell my librarian about the book I wanted, and he advised me to write an application to the principal requesting it. When I went to university, I had access to a much larger library.
Then I began studying international law, but there wasn’t enough material in the central library at my university. So, I started coming to Delhi. I would take a bus from Rohtak to Delhi or a train that dropped me at Tilak Bridge, and from there, I would walk to the Indian Society of International Law (ISIL), which has an excellent library for international law. I also had friends who helped me access the Indian Law Institute (ILI) library. Delhi has some great libraries, and although books can be quite expensive, libraries are invaluable resources.
You know, if you start buying 10 books, for example, I can read around 10 books over a period of one to three months, it can cost around 3,500 to 4,000 rupees, which is not feasible for a young lawyer. We have WhatsApp groups, so why don’t we have a system for sharing books? My daughter does it.
I’ve noticed that my daughter, even though she’s a growing teen and doesn’t share everything with me, but I’ve seen that she shares books with her friends. Though there is an old saying, my father used to tell me in Punjabi: One who lends the book is a fool.
The one who returns that book is an even bigger fool. So, if you truly want books to be your friends, you have to follow one rule. I can’t recall the author’s name, but he once said, ‘Before buying a new coat, buy a new book.’ I think youngsters should understand this old-fashioned diversion of funds. If they grasp its importance, it will significantly benefit their careers. Especially considering those Gen Z slangs—they’re getting into them, and I wonder where these slangs will be useful. God bless them all
Books offer a profound way to understand the art of storytelling and the essence of contentment. They teach you how to balance a paragraph, a line, and how to learn from experiences that took place thousands of kilometers away from where you live. When you choose an author with the skill of storytelling, you can feel those experiences as if you were there. You can realize that this is so much richer than the 10- or 20-second reels or shorts we often watch, which are only made perfect after 20 or 30 retakes, right?
And the beauty of learning a language can bring so much. You’ve learned the language, you bought all the beads and threads from the market, and you made a necklace out of it. This is how a book is written. The author or the writer learns the language, gains experience, and talks to people. You know, writers are a different kind of species.
So they do wonderful things, beautiful things. If you get to see that beauty in a book, then let it imbibed inside you. Tomorrow, you will start performing more effectively because of those books. This proves the saying: before buying a new coat, buy a new book.
Sir, this brings me to ask you about your views related to technology. How is it helping us and our future grow in terms of legal practice considering everyone is skeptical about the disruption that technology has brought in. It has reduced our reading time and everything about technology’s impact on us is questioned.
How do you see it affecting legal practice as well? And what kind of future do you foresee that may help us grow? How do you get acquainted with technology better?
As far as litigation and other allied services in the legal industry are concerned, we have tried most of the technologies, including ChatGPT and research tools, as well as references provided by some companies. However, I have yet to find a satisfactory solution. I share this opinion with many of my friends and colleagues as well.
We have yet to find a truly helpful technology that would effectively bring about or disrupt this industry. The reason, I believe, is that a more humanely touch is required in handling matters and preparing briefs. Initially, when we started using ChatGPT, we realized that the volume and number of contracts processed even in a particular region are so vast that even an AI might fail. The main issue is that if you cannot properly customize a contract for a client, it is of no use. Even one small mistake can turn the entire agreement into a disaster.
The same goes for drafting your cases as well. So when it comes to technology, particularly the technology that is often discussed, I believe the real game changer is yet to come, if it is coming at all in the future. I have spoken to many AI lawyers and some AI experts, and it seems the transformative impact is still awaited. The good thing is that we started using resources like Manu Patra and SCC since college.
This paperless approach, which has emerged, has significantly reduced the burden of maintaining a law office. My office is almost paperless. As for law reporters, the new generation of lawyers never really used physical law reporters or books. Our fathers, who were not lawyers, had different practices.
So we never inherited those practices from them. The only difference I now see is that when we used to do research from books, we often ended up reading something extra as well. However, if a new associate or lawyer adapts to this modern method of research and also does extra research in their free time, these tools like Manu Patra, SCC, and other websites are very nice, well-organized, and their search functions are excellent. They are also widely accepted in courts. Technology helps everyone—it helps you, it helps me. We saw during the COVID days how technology kept the courts functioning. Now, we take all our briefs on our iPads and tablets, and we have many software tools that help us with note-taking.
As a practice, we often hold a pencil rather than a pen. But one thing, I don’t know why sometimes I think if, in another four or five years, when the next junior associates come to us, they might call me old school. However, believe we should not leave the habit to write, read, and read randomly also, anything.
Somehow, I have this belief in my mind that if you are using technology, you should not leave the habit of writing. Whenever a client comes, we take notes, we have journals. Even today I keep a journal in my own handwriting. So new lawyers who are joining this profession or are very much new to this profession should know, do not lose the habit of writing.
Do not lose the habit of reading and do not lose the habit of maintaining a file also if it is required. Let technology grow. I believe that tomorrow it can help us even more because today it’s only partly helping us.
Thank you, sir, for taking us back to that era of reading, writing, and taking journals. Sir, we are already towards almost the end of the interview.
We would request you, sir, to share some of your insights that you believe are essential for the new entrants or the interns who are seeking opportunities at Patine Law offices as well as others. And if you could share some insights as well about characteristics or attributes that you prioritize while selecting or taking the candidates to join your team.
One thing I always tell them is that lately, as you’ve also noticed, a lot of law colleges have emerged. I don’t know whether I should say this or not, but if you look at the quality of teaching, it has declined in these law colleges. You need to inform a law student about what the profession will look like so that they can start preparing themselves accordingly.
Students will come to us after completing 12 internships, and then I would ask them 10 questions, but they cannot answer 11 of them. The reason is that the idea being circulated to these students is that they need to do an internship at a prestigious place, but they are not asked what they have actually learned. Whenever I ask, they just say they’ve done an internship with this or that judge.
So what did you learn? They never used to tell us anything. If you don’t have anything to share, don’t include it on your resume. The first question I ask anyone applying to my firm is, How much did you score in your matriculation exams? Now, people will tell me, even my daughter, why marks are important? But they are important. It’s not that the subjects of matriculation and 12th grade are important.
What’s important is whether you were able to work hard and move forward. The academic performance you show us will help us understand if you can perform when given an assignment or not. A student who scored 65 percent in 10th grade but achieved 75 percent in 12th grade is more impressive to me than a student who scored 90 percent both times, because it shows that the student was able to improve and turn things around.
This is what he will be doing in this profession as well—interacting with police officers, district-level judges, high court judges, bureaucrats, and public prosecutors. He should not, however, say that he can only communicate with certain types of people and not others.
All students should understand that academics are very important. The second thing is that you need to work on both your written and spoken language skills. This is a profession where you cannot compromise at all. When I say language, I mean both Hindi and English. When you are talking about working in North India, you cannot compromise by saying I don’t know how to read Hindi Just because you learned in a convent. We have been taught by ex-army and navy officers. But one thing we know is that every language has its own glory and you have to learn it. Even today, there will be many drafts which will be coming across which will be in Hindi. So you cannot come tomorrow and say, I want an English version of it.
This is how I make the assessment for any associate or a young student who is applying for an internship or a job with our firm. I want this message to go to all young students: stop saying academies do not matter. The people who are motivating you on Instagram or those featured in shows like Shark Tank are often from IITs and IIMs.
You are law students, and IITs and IIMs are often the first choices for many. If you are starting in this profession, remember that it requires extraordinary hard work. You have to read extensively, work diligently, and be consistent. You also need to take care of both your mental and physical health. If you can manage all this, you are entering one of the world’s most wonderful professions.
From any point of view—whether it’s learning, building confidence, or earning—this is the best profession you can be in. The only condition is that the hard work required will be extraordinary. There is no compromise. It’s a railway track: you cannot overtake it or jump over it
Thank you for such an honest opinion and a beautiful enriching experience we have had so much learning today. Thank you, sir, once again, for being here and accepting our invitation at SuperLawyer I hope our learners will understand the critical importance of you saying all these things that you can not only depend on online learning, you have to get into the field and you have to be like railways where you cannot jump and race.
You just have to be on time and keep on moving. That’s the best possible advice you can get. Thank you so much, sir. Thank you once again.
Was pursuing law an inner calling for you, or did someone or something inspire you to choose this path? Please walk us through your journey to becoming a legal professional.
I have my mother to thank for me becoming a lawyer… but not in the way you are probably imagining. I was your typical college student, very sure of what I did not want to do; but not very sure what I wanted to do.
My mother is a Professor of Psychology and one of her areas of specialization is in career counselling. I turned to her for advice and learnt that I was best suited for a career in either law or journalism. While I enjoy writing as well, law particularly appealed to me.
Perhaps it was my love for mystery novels and crime-solving that drew me to law. At that time, problem-solving and law seemed intrinsically linked in my head. While I have since learnt that law is far more nuanced, the intricacies of it have only made it more interesting for me. Now, I cannot imagine doing anything else.
Your college notes have been a legacy for future batches at University Law College. How do you feel about this, and what impact do you think it had on the students who used them?
I had no clue that my notes would get distributed the way they did! When I first prepared them, they were a means of studying for my law exams. It was the practice in college for seniors to hand down their notes to their juniors. Like many other, I did as well. I thought the story ended there.
It was only a couple of years later, when unknown students started contacting me and thanking me for my notes, that I realized that they were still in circulation and had taken on a life of their own. It’s still a bit of a shock to be recognized for my notes. The most memorable time was when we had recruited a new associate in my previous firm and he was being introduced to the team. I was about three years into the profession at that time. On being introduced to me, he went “So, you’re Pallavi Bhogle who wrote all the notes? I thought Pallavi Bhogle was some old lady…..”
Other than being mistaken for an old lady, I will admit that I derive deep satisfaction from knowing that a lot of people benefitted from my notes. As the law keeps evolving, my notes may not retain their relevance for much longer, but until then I hope that they make exams a little more bearable for future lawyers.
Huilgol Law Chambers has been making a significant impact under your leadership. Can you elaborate on the major practice areas your firm focuses on and how you are helping to develop and support the next generation of legal professionals within your firm?
My partner, Sandeep Huilgol, who heads the litigation and tax practice in the firm is the true ‘captain of the ship’. He founded Huilgol Law Chambers in 2019 and laid the foundation stones for a successful practice. Sandeep provides litigation and advisory services in diverse practice areas, especially in taxation proceedings. He has also addressed numerous training programs on the Insolvency and Bankruptcy Code and has authored articles on taxation issues that have been published in tax journals.
I joined Huilgol Law Chambers in 2022 to head the corporate and commercial law practice of the firm. I advise on general corporate agreements, private equity and venture capital investments, joint ventures, mergers and acquisitions, legal structuring and labour matters. I particularly enjoy mentoring start-ups. There is a joy in seeing something grow from an idea to a business.
It is similar to the next generation of legal professionals. Watching a junior become the lawyer he or she was meant to be and knowing that you have played a small part in their journey, is a wonderful feeling. I enjoy mentoring and hope one day to find the time to teach as well. Being a mentor is a huge responsibility. Your mentor, especially your first boss, plays a big role in defining who you are as a lawyer. The way you think, the way you approach any deal, and even the way you interact with a client are all influenced by the person who mentors you. I am very conscious of this fact and actively remind myself of this every time I mentor any law student.
What motivated you to co-found Huilgol Law Chambers, and how has leading the corporate and commercial law practice been different from your previous roles?
There comes a time in every professional’s life when the only way to grow is to push yourself out of your comfort zone and take a risk. Co-founding Huilgol Law Chambers was the biggest leap of faith I have taken, in my professional life. I can truly say, there has not been a single day so far that I have regretted putting faith in my ability.
My previous roles prepared me well for this position and I had no difficulty in handling the clients and doing the legal work. The biggest learning experience was in handling a firm. Like a start-up, in the beginning, you have to wear every hat. I had to learn to handle the accounts, the administrative work, the staff and the everyday issues that crop up when you have your own business. It gave me an insight into what start-up promoters experience and reinforced my desire to help them and at least take the legal work off their plate.
You emphasize maintaining a healthy work-life balance. How do you manage to balance your demanding career with personal time, and what advice would you give to young legal professionals in this regard?
“Unfortunately, the legal industry isn’t naturally conducive to a work-life balance, so making that choice can feel like a compromise, especially early in your career. In India, unlike some of our colleagues overseas, lawyers are expected to work long hours and be available 24/7. The consequence of not prioritizing work often means missing out on promotions or pay raises. It’s a culture that I strongly believe needs to change—and we can change it! We should recognize hard work and dedication without glorifying overtime.
For me, achieving a balance has been possible due to the flexibility I have in managing my work schedule, coupled with incredible support from my family and colleagues. However, this balance is a recent development; I, too, spent years compromising on sleep and missing family events due to deadlines. It took time to learn how to work smart, prioritize, and eliminate unnecessary stress.
To young professionals, I would offer the same advice that was given to me: communicate. Speak with your law partners and clients about timelines, and set realistic goals. Once everyone understands the timeline for deliverables, you can plan your days and make room for personal time as well.
Can you discuss a particularly challenging case or transaction you’ve worked on, such as the acquisition of Funtoot by Reliance Industries Limited’s (RIL) subsidiary Embibe, and what unique insights you gained from it?
The Funtoot transaction is particularly memorable for me. Our client, Edreams Edusoft Private Limited, popularly known by its brand name Funtoot, was being acquired by its rival ‘Embibe’. Embibe had, at that time, recently become a subsidiary of Reliance. Being in the same business sector, and rivals no less, our client was extremely (and understandably) hesitant to disclose some of its more confidential information, as there was always the risk that the acquisition may fall through. This made the negotiation for us all that harder!
This transaction underscored my belief that for a transaction to be successful, there needs to be trust between all persons involved. The Funtoot transaction finally closed because the parties explained their concerns to their lawyers and trusted us to look out for their interest in the investment documents. As lawyers, we need to envision the worst-case scenario and protect from that. As parties, you need to envision the future and work towards that.
You regularly mentor start-up companies and their founders. What are some common legal challenges start-ups face, and how do you help them navigate these issues?
Start-ups often overlook the legal compliances that every company must adhere to, as their promoters are (understandably!) more focused on building their business. As a result, essential legal requirements, such as proper employment agreements or safeguarding confidential information, may be neglected.
A core area of my practice involves acting as the legal department for start-ups, helping them establish the contracts and policies necessary to operate smoothly. We create templates for the day-to-day agreements they’ll need and educate their teams on the importance of these practices. When start-ups receive contracts from other parties, they often pass them on to us for review. Our role is to ensure that no burdensome obligations are inadvertently accepted, while still protecting the start-up’s rights and maintaining positive business relationships with their counterparts.
You have pursued various diplomas and courses in different legal areas. How important do you think continuous learning is for legal professionals, and what areas do you think they should focus on in the future?
Continuous learning is essential for every professional, regardless of their field. There’s no doubt that knowledge gives you an edge in your career. However, I must admit that reading about the same subject day in and day out can become monotonous. This is why, alongside studying subjects directly related to my specialization, I pursued diplomas in other legal areas as well. Currently, I hold diplomas in IP law, media law, and cyber law.
There are so many fascinating fields within the law, each offering vast learning opportunities. Even though corporate law is my primary focus, my knowledge of other areas allows me to provide more comprehensive advice to clients and tailor contracts to better suit their business needs.
Having worked on numerous private equity investments, what are some of the most unique or unexpected challenges you’ve encountered, and how did you overcome them?
I have had the benefit of working on both sides of the table in private equity investment and this has helped me understand what each party considers critical or a ‘deal breaker’ for them. You would be surprised to see how this can change in every investment! Understanding your client’s motivation for the transaction is crucial. Once you understand this you will know where to push back to protect your client and where to compromise.
Having to compromise on certain clauses and explaining to your client the necessity of doing so can be particularly challenging. A contract that will stand the test of time is fair to both parties. This necessarily means that you would need to compromise on some of your asks in the agreement.
For me, taking the time to understand your client’s point of view and building trust with them is extremely important for you to be a successful lawyer.
In your experience, what are the most critical aspects of corporate governance and ethics that companies often overlook, and how do you ensure that your clients adhere to these principles?
Companies often forget that they are what they are, because of their employees. Employee agreements and employee handbooks are quite often a low priority for companies. Something to put in place to satisfy a condition precedent or condition subsequent in an investment document.
An employee can so easily make or break a company, and it is important to have a document clearly defining the relationship between a company and its employees. This protects both the employee and the company.
This is one area I try to regularize in all clients, especially my start-up clients. I find that when I give my clients a clear roadmap and put in place an onboarding and offboarding policy for their employees, it reduces the labour issues they face. The employees also have a clear picture of what benefits they can expect from the company and recourse if they do not receive what is promised to them.
Can you share the journey of how you started your career in law and the key experiences that have shaped your path to becoming the Managing Partner at TJA Law Chambers? Please walk us through your journey starting from selecting Law as a career and your time at NLU, Jodhpur.
My journey in law is deeply rooted in my upbringing in Nagina, a small town in District Bijnor of Uttar Pradesh. Despite our humble background, my parents ensured that we received a quality education from the best convent school in the district. As the youngest of three siblings, I was greatly influenced by my father, a dedicated lawyer practising at the trial Courts. Since the court premises were within walking distance from our home, I spent my summer vacations at my father’s chamber captivated by watching him argue in Court. My father noticed my fascination with court proceedings and envisioned me following in his footsteps, aspiring to become a lawyer in the Supreme Court.
Early Challenges and Decision to Pursue Law: Tragically, I lost my father when I was in the 12th standard. This loss left a significant void in my life and threw my future into uncertainty. Until I completed my 12th standard, I had no clear direction for my career path. Although I was a student of science, the influence of my father’s legacy and my desire to honour his dreams led me to opt for a career in law after completing my 12th.
Academic Achievements: I pursued 5-year law degree with determination and dedication, earning a gold medal for being the University Topper. This achievement not only solidified my passion for the field but also opened doors for further opportunities. In my final year of law school, I also enrolled in a postgraduate diploma course in Cyber Laws at the Indian Law Institute, New Delhi, which required me to travel to Delhi every alternate day. The travel experience in UP Roadways and retuning hometown by train was a time to remember. After completing my law degree, I worked briefly at the Allahabad High Court before deciding to further my legal education by pursuing an MBA-LLM at National Law University, Jodhpur.
Time at NLU, Jodhpur: Choosing to pursue an MBA-LLM degree at NLU, Jodhpur, was a pivotal decision. My time there was transformative, providing me with a comprehensive legal education and shaping my professional outlook. The diverse exposure to life experiences, meeting people from across India, and engaging in various activities significantly transformed my personality. Being from a small town, this meant a lot to me. The rigorous academic environment, coupled with opportunities to participate in competitions and internships, honed my analytical and advocacy skills. These experiences were instrumental in building a solid foundation in legal principles and practice, helping me build my practice and learn to read people better.
All these experiences of highs and lows in life left a fathomless mark on me and somewhere encouraged to make a bold decision to start my own law firm.
You began your career from High Court and subsequently held various managerial roles in legal departments before taking the Advocate-On-Record (AOR) exam and founding your firm. How have these diverse experiences across different legal roles and sectors contributed to your approach to managing and running TJA Law Chambers? What insights did you gain from each phase of your career that have shaped your current practice?
My journey in law has been marked by a series of diverse and enriching experiences that have collectively shaped my approach to managing and running TJA Law Chambers. Each phase of my journey has provided me with unique insights and skills, which I have integrated into my current practice.
I began my legal career at the Allahabad High Court, where I initially did my judicial clerkship under the able guidance of Mr. Justice R.K Agrawal, who was later elevated to become a Supreme Court Judge. This initial experience exposed me to the fundamentals of courtroom procedures, legal research, and the importance of meticulous preparation. It also taught me the value of strategic thinking and the complexities involved in litigation.
After completing my post-graduation, I joined various reputed companies as an in-house counsel like GMR Energy, Indus Towers Limited and Sterlite Power Limited to name a few. Working in-house was a distinct experience compared to practising law in courts. Supporting the organization and other departments from a legal perspective taught me a lot about corporate governance, compliance, and risk management. It also highlighted the importance of effective communication, teamwork, and aligning legal strategies with business objectives.
Before founding my law firm, I had a short stint at a law firm called Advaita Legal. My distinct experiences allowed me to understand the nuances of private practice, client management, and the importance of building a professional network. It reinforced the need for thorough research, strategic thinking, and delivering client-centric legal solutions.
Founding TJA Law Chambers: It was always my dream to have an independent practice, but being from a small town and without a godfather in the profession, it was challenging. Nevertheless, I took the plunge and founded TJA Law Chambers in late 2019 with no significant clients in hand. Shortly after, the pandemic hit, which for my legal practice turned out to be a blessing in disguise. Despite the global challenges, I received work directly from foreign clients, which kickstarted the firm’s growth. There has been no looking back since then, and we are now catering to companies like ONGC, NTPC, EESL etc.
Advocate-On-Record (AOR) Exam: With my dream to establish my law firm, I also aspired to establish my practice in the Supreme Court, fulfilling my father’s dream. To this end, I started preparing for the Advocate-On-Record (AOR) exam last year and cleared it on the first attempt. This credential not only enhanced my credibility but also deepened my understanding of Supreme Court practices and procedures. The rigorous preparation for the AOR exam honed my analytical abilities and reinforced the importance of staying abreast of legal developments.
What motivated you to pursue the Advocate-On-Record (AOR) examination, and how did your mentor or any influential figures support you through this process? What are your thoughts on the significance of the AOR exam in a legal career?
Establishing a practice in the Supreme Court was a way to pay tribute to my father and the values he instilled in me.
Self-Guided Journey: Unfortunately, I did not have the benefit of a mentor or any influential figures to guide me through the journey of the AOR exam. This made the journey more challenging but also incredibly rewarding. I had to rely on my self-discipline, determination, and resourcefulness. I meticulously studied the Supreme Court rules, procedures, and landmark judgments. I sought out study materials, attended relevant workshops, and engaged in self-study to ensure I was thoroughly prepared for the exam. Achieving success on my first attempt was particularly gratifying and reinforced my belief in the power of perseverance and self-reliance.
The AOR exam’s significance in a legal career cannot be overstated, as it enhances credibility, provides exclusive rights, contributes to professional growth, instils client confidence, and opens up numerous career opportunities. I am now reaping the benefits of becoming an AOR.
As the Managing Partner and Founder of TJA Law Chambers, what were some of the significant challenges you faced while starting the firm? Now, after five years, how has the firm’s approach evolved in handling complex cases, and what types of cases have become a focus for your team?
Challenges Faced While Starting the Firm: Starting TJA Law Chambers came with significant challenges, primarily due to the absence of a godfather or established network and the onset of the COVID-19 pandemic. These factors made business development and client acquisition particularly difficult. The pandemic restricted our ability to engage in traditional business development activities and necessitated a shift to remote operations. One of the initial breakthroughs was receiving our first assignment from clients in London and Luxembourg. This opportunity was crucial, as it involved negotiating and drafting high-stakes agreements across various jurisdictions, including China, Hong Kong, the UK, Russia, and Europe. This international work was a ray of hope, helping to establish our reputation on a global scale.
Adaptations and Strategies: Despite the pandemic’s constraints, working from home allowed us to save on office expenses, which was a critical advantage during the early stages. By focusing on delivering the best results for every assignment, we demonstrated our commitment and capability. This dedication paid off as our reputation grew, leading to subsequent opportunities and an influx of work. As a result, we were able to secure empanelment with prominent organizations such as ONGC, EESL, DERC, and Kolkata Port. These empanelments were pivotal in solidifying our presence in the legal market.
After five years, TJA Law Chambers has evolved significantly. Holding the prestigious Advocate-On-Record (AOR) designation, we are now well-positioned in the legal landscape. Our approach to handling complex cases has matured in several ways.
Our firm has developed deep expertise in representing corporate clients and handling complex legal matters across various sectors. Enhanced Services: We provide comprehensive legal services in areas such as energy law, regulatory compliance, dispute resolution, contract management and advisory services. Our practice now spans several key forums, including Arbitration, the Appellate Tribunal for Electricity (APTEL), various Electricity Regulatory Commissions, the National Consumer Disputes Redressal Commission (NCDRC), the National Company Law Appellate Tribunal (NCLAT), and the National Company Law Tribunal (NCLT), in addition to various High Courts and the Supreme Court.
Strategic Growth: The firm has strategically focused on building a strong client base and expanding our service offerings. Our growth is driven by a commitment to excellence and adapting to the evolving legal landscape.
Client-Centric Approach: We have refined our approach to ensure that we meet the unique needs of each client, providing tailored legal solutions and maintaining strong, transparent relationships.
Do you engage in any pro bono work or community service? How does this aspect of your career influence your professional perspective and personal satisfaction?
While we prefer not to disclose specific details, I want to emphasize that TJA Law Chambers is committed to supporting those in need. Our office is open to assisting individuals who are unable to afford legal services, regardless of their financial situation. We believe that everyone deserves access to legal representation and justice, and we are dedicated to helping those who face significant challenges.
It enhances our professional perspective, provides personal satisfaction, and strengthens our commitment to justice and community service.
The legal field is constantly evolving. What are some emerging trends or challenges in commercial litigation and corporate law that new lawyers should be aware of?
The evolving landscape of legal practice increasingly emphasizes the growth of Alternative Dispute Resolution (ADR). Mechanisms such as arbitration and mediation are gaining preference over traditional litigation, primarily for their cost-effectiveness and efficiency. Lawyers must grasp these processes to effectively navigate and resolve disputes, harnessing the benefits of ADR to better serve their clients.
Additionally, the impact of technology and artificial intelligence (AI) on the legal field cannot be overstated. AI tools are revolutionizing legal research, document review, and case outcome predictions, providing unprecedented accuracy and efficiency. Lawyers are encouraged to leverage these advancements to enhance their practice, embracing the future of legal technology.
Staying current with new judgments from the Supreme Court and High Courts is also crucial. As laws, such as the Insolvency and Bankruptcy Code (IBC), continue to evolve, understanding the latest judicial decisions is essential for grasping the development and application of the law. Regularly reviewing these judgments ensures that legal professionals remain informed and adept in their practice.
Could you share some of the landmark cases you’ve handled throughout your career and discuss the key challenges you faced in those cases? How did these experiences contribute to your understanding of the legal field and what lessons can current and aspiring legal professionals draw from them?
I have had the opportunity to be part of several landmark cases involving important questions of law. However, one case in particular stands out to me. While it may not be a landmark case, handling it independently had a profound impact on me.
This was at the inception of my independent practice. An elderly woman had her pension stopped due to a mismatch in her name in government records. This pension was her lifeline, provided due to her late husband’s job. I took up her case, but unfortunately, she passed away before it was resolved. Despite my repeated requests for an early hearing, citing her dire financial and health conditions, the court did not give serious consideration to expediting the case. This was a disheartening moment for me as it felt like our judicial system failed her.
The second notable case was my first as an Advocate-on-Record (AOR) in the Supreme Court. It involved the rights of homebuyers in the context of insolvency proceedings under the Insolvency and Bankruptcy Code (IBC). The issue was the denial of rights to homebuyers who did not file a claim form. The Supreme Court has issued a notice in this case, and its outcome could become a landmark judgment for homebuyers’ rights. This case is particularly challenging as current IBC provisions and Supreme Court judgments support the exclusion of those who haven’t filed claims. We are eagerly awaiting the court’s decision as it could introduce a new legal precedent.
With my limited experience in the legal field spanning over 14 years, I could say that every day presents new challenges, and as legal professionals, we must embrace and welcome them. You strive to achieve the best outcomes for your clients, but sometimes, due to court delays or other reasons, you might not get the desired relief. The important thing is to continue fighting for your clients with the same zeal and dedication.
There will be cases where you face strong opposition. If you have worked on the minute details and thoroughly prepared your brief, even if the law is not on your side, you will earn respect and recognition in the court.
Beyond your legal career, what are some of your hobbies or interests? How do they contribute to your overall well-being and professional performance?
I am an avid adventurer, thriving on the thrill of exploring the great outdoors. I have summited peaks reaching 16,000 and 14,000 feet, embracing the challenges of high-altitude trekking. My passion extends to biking, swimming, and playing cricket, as I constantly seek new ways to stay active and connected to nature. As a true nature lover, I find immense joy in travelling and discovering new places, immersing myself in the beauty and wonder of the natural world. This blend of physical and mental challenges has enriched my professional outlook, enhancing my ability to tackle complex problems and adapt to various situations with a fresh and dynamic approach.
With your vast experience, what advice would you offer to current legal professionals and law students who aspire to make a significant impact in their careers?
Though I feel I am still on my journey if I were to offer advice, it would be this: Embrace life-long learning, clearly define your goals, create a structured plan to pursue them and always be ethical. With dedicated focus and determination, you can achieve anything.
Hello and welcome to another episode of SuperLawyer YouTube channel. Today we have with us advocate Gaurav Dhwaj who is founder and managing partner of Dhwaj and Associates. His specialties are legal and regulatory practices which relate to telecom, media and information technology sectors.
Also commercial contracts, litigation and arbitration. Most welcome sir to our channel and thank you for accepting our invitation. I know you are a busy person. So I’ll quickly start with the first and very pertinent question. When did you decide to do law? How did you decide to become a lawyer and how was your school days and college days and the kind of experiences or inspirations that you got from there that motivated yourself to becoming a lawyer, the way you are today?
The floor is yours, sir.
Thank you very much, Divya. First of all, I am deeply honored to be on this platform and am happy to reflect on your queries about me, the profession, and my understanding of it. To address your first query, I would like to start with my school days.
I have always been energetic and excited to explore new opportunities, challenges, and experiences. Some of that enthusiasm is still with me. If there was any activity in school, whether it was a debate competition, essay writing, storytelling, or poetry, you name it, and I would be there, in addition to my studies, of course. I was a very participative student, involved in almost all activities. My childhood was quite eventful.
This approach continued through my college days. During this time, I was also introduced to the NCC, where I excelled in shooting and cooking—a unique combination. My school and college days were quite eventful and rewarding.
Regarding my motivation to pursue law, I am a second-generation lawyer. I completed my graduation in computer science with a Bachelor of Computer Applications (BCA) and was set to pursue a Master of Computer Applications (MCA). However, there are certain commonalities between my personality and the legal profession. I am driven by intellectual challenges, which are inherent in law. I constantly seek opportunities for continuous learning and self-improvement, both personally and professionally. My fearless approach to dealing with issues, developed through my active participation in various activities, aligns well with the demands of the legal profession.
When I seriously considered my career path, I realized that my personality and approach were naturally suited to law. Being a second-generation lawyer, I have always seen my father practicing this profession. He was a litigation lawyer and my role model, greatly influencing my life. His guidance helped solidify my decision to pursue law as a profession.
What a beautiful story. And the way you have said that he is your role model, it seems that yes, he has paved your way towards greatness, I would say. That being said, when did you decide to establish Dhwaj and Associates? And how was the journey? And how has it been till now with all the challenges I’m pretty sure you must have faced after the inception? And how have you built a name for this particular association?
I began my career as an in-house counsel with the Tata Group of Companies and the Bharti Group of Companies. After spending almost two years in these organizations, my journey with law firms began.
I have worked for some of the leading law firms in the country, holding various positions from junior associate to partner and head of practice areas. The journey has been very interesting and rewarding, and I would even say very enjoyable. I don’t hesitate to say that law and the legal profession are my first loves. After serving in almost all positions that a law firm has to offer, I decided to establish my own firm, Dhwaj & Associates. I started as a solo practitioner, but I have been fortunate enough to have a team of highly competent lawyers.
We currently have two offices: one in Delhi NCR and one in Bangalore. Having completed my first graduation in computer science and my second in law, technology and telecom law was a natural choice for me. Except for my first job with the Tata Group of Companies, I have always been in the telecom and IT space.
When I set up Dhwaj & Associates, my initial idea was to create a boutique TMT law firm. However, I was fortunate to meet committed and dedicated people who helped transform it into a full-service law firm. Today, we operate as a full-service law firm from our offices in Noida and Bangalore.
First of all, sir, congratulations on your achievements. I am confident that your success will continue to grow in leaps and bounds.
You mentioned that law is the love of your life, and this passion has rewarded you greatly, particularly through your leadership in law and your support for AMTRON and the Ministry of Information Technology, Government of Assam. This is indeed a significant achievement.
Could you please elaborate on your experience working on this project? How did you approach and manage the tasks, especially considering the involvement with the ministry? What strategies did you employ to overcome the obstacles you encountered while undertaking such significant work?
Connecting with AMTRON was one of the best moments of my life. Receiving an award is a subsequent recognition of the work and effort put into developing and helping clients.
My excitement has always come from connecting with people—helping, guiding, supporting, and handholding them in every possible way. I enable them to navigate the challenges of the legal profession and the transactions they are involved in, especially when they struggle to find legal solutions.
Awards and recognition follow naturally. I have never been driven by them; instead, I have always been motivated by connecting with new people with the pure intention of helping them with all the skills I possess. Meeting with AMTRON was one of those memorable moments.
I still remember being a speaker at a conference in Dubai related to the IT sector. This was over seven or eight years ago, and I spoke on the topic of interception, which was not a well-evolved concept in India at that time, particularly in the telecom sector. During that conference, I met the Managing Director of AMTRON, Assam Electronic Development Corporation Limited, which is wholly owned and controlled by the Government of Assam. He was the moderator of my session, and that’s how we got introduced.
After returning to India, I received a call from his office. They needed a corporate lawyer who understood the telecom and IT sectors for a transaction. They believed I had the capability to assist them. I agreed, and thus began my journey with AMTRON. Initially, they engaged me for legal affairs, and later, they involved me in regulatory work as well. Eventually, I was entrusted with handling not only legal and regulatory matters but also their international domain.
In terms of international work, I represent them in all overseas investments and incoming investments from abroad, taking care of legal documentation and actual representation.
This introduction to AMTRON allowed me to apply my legal expertise to real-world challenges and deepened my understanding of the intersection between law, technology, and both domestic and international business operations. I gained insights into the perspectives of international businesses entering commercial relationships with state PSUs, their sentiments about India, and the challenges they face. This experience provided me with a broader perspective and reinforced my commitment to leveraging my legal skills for public service. It significantly boosted my professional credibility and visibility within the legal community.
Listening to your story, it seems like your journey unfolded naturally, and you embraced it, ensuring your success along the way. It’s remarkable to see that, despite being a second-generation lawyer, you remain humble and openly acknowledge how opportunities came to you. Often, we encounter individuals who aren’t as forthcoming about their paths to success, especially in the legal profession.
Your humility stands out and has undoubtedly served you well, particularly in a relatively new field like technology law. It’s impressive that, despite having a BCA and then transitioning into law, you chose to specialize in technology law and have excelled in it. However, it seems that this specialization isn’t very common in the Indian legal fraternity, and there’s a certain apprehension about it.
With that in mind, could you please share with us how you started Dhwaj & Associates?
I started Dhwaj & Associates recently. After completing my initial 2 years as an in-house counsel, I joined another law firm, which is now the largest law firm in the country. I have worked with several tier-one law firms throughout my career. After spending 15-16 years in the profession, I decided to set up my own firm, Dhwaj & Associates. So, it wasn’t immediately after my 2 years as an in-house counsel; I worked for various law firms for about 14-15 years after that. After gaining substantial experience both in India and overseas, I decided to establish my firm.
Wow! Amazing, sir! Over your 18 years of experience with top-tier law firms, the Tata Group, and the Bharti Foundation, how have these roles shaped your thought process? When you started your law firm, there must have been something significant going on, as you mentioned you were a solo practitioner at the time.
How did you find the courage to take that step? What advice would you give to those who are interested in following a similar path but feel scared or skeptical about achieving the same level of success and outreach that you have? How did you plan your journey?
We would also appreciate it if you could provide us with a sort of roadmap, if possible.
Sure, I’ll definitely try. First of all, I would like to start with a word of thanks to all my former employers who trusted me, gave me opportunities to perform, and provided platforms where I could develop both professionally and personally. My experience working as an in-house counsel and as a private practitioner with various law firms has been invaluable and has significantly shaped my professional outlook. For a legal professional working in a law firm, it is crucial to understand the client’s perspective.
Coming from an in-house background helped me understand the pain points of business houses. It enabled me to step into the shoes of my clients and view the entire transaction or issue requiring legal help from their perspective.
I firmly believe in the philosophy that a business lawyer must understand their client’s business. Without adequate understanding, one may not be able to provide viable business solutions. Most of the time, our solutions are not just legal opinions, legal memorandums, or research notes. They are also for the management, who often do not have a legal background. Therefore, it is crucial that a lawyer’s approach aligns closely with the management’s perspective for the legal opinion to make sense to them.
Otherwise, these opinions are typically reviewed by in-house lawyers who then communicate them to the management. Thus, lawyers in law firms need to put in the effort to understand the client’s business, intentions, and pain points before starting any mandate or transaction.
Before joining a law firm, I was part of an in-house team where I regularly interacted with the business team. This interaction allowed me the freedom to ask questions that helped me gain a better understanding of the business.
I believe this understanding is vital for every corporate lawyer. One cannot start working on a document without understanding the business’s nature and the client’s intentions regarding a particular transaction. This sense of understanding, developed during my time as an in-house counsel, has been beneficial in my law firm journey and continues to help me today.
This is the ethos I want to embed in the DNA of our firm, Dhwaj & Associates: to prioritize the client, to serve the client by first understanding them, their business, and their pain points. This understanding is a prerequisite before starting any work on a transaction.
Your approach to establishing your firm and reputation over 18 years of practice demonstrates remarkable clarity.
As an in-house counsel and now as a practitioner, you’ve witnessed significant changes in technology. Innovations like IoT, AI, cloud computing, drones, and online gaming have profoundly impacted our legal framework.
Legislation is striving to accommodate these advancements. How do you approach these areas when clients seek your expertise, given that you practice in such a niche field, which is relatively new to many lawyers in India?
New generation lawyers are eager to understand how you have made a name for yourself in this specialized field with such ease. Was it your technological understanding alone, or was it your unique approach to understanding and serving your clients’ needs? We would appreciate it if you could elaborate on these aspects.
To be honest, I never thought about it until now. But since you’re raising this question, looking back, perhaps it’s a combination of a few things. One is definitely my understanding of the technology sector because I studied technology for about three years before taking up law. So, I have a solid foundation in the technology sector.
Over time, I also developed the skill set of merging facts and client requirements with the legal and regulatory framework of the country. Until you understand the facts and properly align them with the applicable legal and regulatory framework, it’s difficult to come up with a clear, fair, and legally accepted solution for the client. So, I think it’s a combination of these three or four things.
Now, addressing your query related to emerging technologies, I believe these emerging technologies, as you rightly said—IoT, cloud computing, online gaming, AI/ML, robotics—are significantly impacting the legal framework, creating both opportunities and challenges.
These technologies raise new legal issues related to data privacy, cybersecurity, intellectual property rights (IPR), and regulatory compliances. They have opened up new avenues that the law must now accommodate in its overall approach.
The advice I would like to offer is that it is crucial for everyone to stay informed. It’s also important to engage with industry bodies to understand not only technological developments but also the entire ecosystem around them, which includes the legal aspect. Engaging with professionals and experts is essential. Consulting with legal and industry experts helps understand the implications of new technology and ensures that the technology being implemented or introduced complies with existing legal and regulatory frameworks.
Adopting industry best practices is also important, especially in areas like data security, data privacy, IPR, cybersecurity, and regulatory compliance. Proactive risk management should be considered, which includes engaging with experts to identify potential legal, financial, and operational risks as early as possible and developing robust strategies to mitigate these risks.
By considering these steps, clients can navigate the complexities of emerging technologies and leverage the business opportunities these technologies can offer.
Sir, like you agreed to keep abreast with the new upcoming legislations and the kind of news which we get every day. Recently we saw the enactment of the new Telecommunication Act 2023. How do you see the impact of this particular act on the telecom sector, and what kind of advice would you be offering the companies to navigate if possible in this new regulatory landscape, I’m pretty sure you must have gone through it very thoroughly and we would request you to give some insights about it as well?
The new Telecommunications Act is a welcome development, as it replaces the outdated Telegraph Act that previously governed the telecom sector, including licensing for service providers. Enacted in December 2023, the new act received presidential assent and was published in the Official Gazette of India. On June 21, 2024, the government issued a notification partially implementing the act, putting 40 sections into effect. In this first phase, 39 sections of the act have been activated.
One notable improvement in the new act is its extraterritorial applicability, which was absent in the previous framework. This provision, introduced for the first time in the Information Technology Act of 2000, now applies to the telecommunications sector as well. Under the new act, if a person commits an offense or contravention related to telecommunications services and networks while outside India, they can be held accountable under this act.
Another significant feature of the new act is the framework for online dispute resolution. Additionally, it includes a comprehensive and evolved framework for penalties in cases of contravention. The act also does an excellent job of covering nearly all telecom-related activities, including secondary activities previously outside the scope of the old act. The previous regulatory framework had a gap between administrative regulation and technological advancement in the telecom sector. The new act aims to bridge this gap by encompassing recent technological developments and new services provided by the telecom sector.
Overall, this is a positive step forward. I am hopeful that the government will soon issue a second notification to fully implement the act. This legislation not only benefits telecom service providers but also has provisions directly benefiting users, contributing to the overall development and improvement of the telecommunications sector in India.
Hopefully, sir, we will see the entire act notified soon. Congratulations on starting this new initiative. As you mentioned on June 21st, it has come into effect with 39 sections.
Now, shifting focus from your professional life, could you please share how you maintain a work-life balance? We would love to know how you find time for your hobbies or recreational activities, allowing yourself a mental break from the stress and creating a peaceful space for yourself.
In my personal life, I consider myself very fortunate to have a loving and supportive family. This includes my wife, my sisters, my mother, and my children. I especially cherish the time I spend with my two sons, who are currently school-aged.
They play a crucial role in maintaining my sense of balance and sanity. The legal profession is incredibly demanding, and the level of commitment required is exceptionally high. It’s nearly impossible to completely disconnect from work, especially when you hold the role of managing partner at a firm. This position involves not only ensuring the quality of client services but also overseeing the firm’s operations. You find yourself juggling a multitude of tasks related to client delivery, human resources, technology, and management, among others.
Despite these challenges, I am grateful for the unwavering support of my family, the blessings I have received, and the joy my children bring to my life. Additionally, I have a passion for reading poetry, which adds another dimension of fulfilment to my life.
Wow! So you practically enjoy all of your serious work as well as poetry along with your kids. You keep your sanity intact. Sir, all that being said, we had a wonderful journey with your interview. To its very end, I would request you to let us know about your plans for Dhwaj & Associates and how you foresee yourself progressing in the direction of making it more national and internationally renowned because that is something that I guess is very close to your heart. And the kind of firm services, that we see today, how are you going to have a little different aspect or approach towards it? We would request you to share if at all you wish.
Yes, absolutely. Firstly, having been on both sides of the table, I have walked in the shoes of an employee, which gives me a deep understanding of their challenges and concerns.
This experience has influenced my decision to adopt an institutional approach rather than an individual one in setting up this firm. To elaborate briefly, when I say “institutional approach” over “individual approach,” I mean that while I may not necessarily aspire to make this firm globally recognized, I am committed to working with global clients.
Branding and establishing a name are not my primary concerns. Instead, I prefer to focus my energy on helping people. I firmly believe that success and achievement in this world come from connecting with a good set of people and developing the right skill set.
If you are surrounded by capable, like-minded individuals and you have pure intentions along with the necessary skills, success and recognition will follow naturally. The key is to cultivate the right skills, adhere to ethical practices, and focus on the core values of the profession. The essence of this profession lies not in building a global brand but in serving the client. This is a customer-facing industry, where the client is paramount. By addressing their pain points and providing effective support, the clients will, in turn, help build the firm’s reputation.
Therefore, my effort is not geared towards brand-building but towards creating a supportive institution. I aim to establish a firm that supports everyone associated with it, regardless of hierarchy. This is a people-focused firm. I emphasize to everyone working here that it is their firm and their office. Even if they move on to start their own practice, they are welcome to use our office space as their own.
For me, it’s not about fancy infrastructure but about the people. I am dedicated to attracting and nurturing competent individuals with the right skills. My belief is that if we focus on having the right people and serving our clients effectively, the firm will naturally build its own brand.
So ultimately you will be a brand courtesy to the clients that you will be serving. So Dhwaj & Associates is going to be a global brand and we wish you all the best for that. And thank you for agreeing to meet with us sir, it has been a very humbling experience and a very beautiful interview. Thanks for sharing your insights about it. Thank you, sir.
Your career journey showcases an impressive trajectory in the realm of Intellectual Property Rights. Could you share the pivotal moment or experience that motivated you to pursue this field? Also, when you first started practicing, what were some of the most significant challenges you faced, and how did you overcome them?
Initially with a strong passion for finance, I earned my bachelor’s degree in commerce, however, noticing the importance of Intellectual Property Rights (IPR) I, tilted towards law with clear standing of pursuing career in IPR. My journey to where I am today is a testament to consistency and dedication towards work. In the early days of my career, I was young, enthusiastic, and eager to understand the complexities of law. Finding a mentor was crucial, and I dedicated myself to learning and hard work. Patience and perseverance were my guiding principles until I eventually established my own firm. I’m grateful to all who supported me on this journey.
Your previous associations highlight diverse experiences, from attending hearings to coordinating raids. How have these experiences enriched your understanding of the legal ecosystem?
My past roles, from attending hearings to coordinating raids, have significantly broadened my understanding of the legal world, especially in intellectual property law. At hearings, I learned about courtroom dynamics, legal strategies, and how judges interpret laws. Coordinating raids taught me practical enforcement tactics, gathering evidence, and dealing with challenges in IP protection. These experiences gave me real-world insights into how the law works in practice, essential for effective advocacy and helping clients navigate legal issues.
Apart from legal expertise, what other skills or qualities do you believe are essential for a successful career in Intellectual Property Law?
According to me, effective client relationship management, proper preparation and thorough documentation collection before starting work, creative thinking etc. are essential for a successful career.
Given your extensive experience, you’ve likely encountered various misconceptions about Intellectual Property Rights. What is one common myth or misunderstanding about IP law that you often find yourself dispelling in your practice?
What I have encountered mostly is the basic misconception amongst the client that
“If he makes even a slight change to his commercial benefit and file mere trademark application, it becomes his property.” “Further, registration of trademark is expenses which client wishes to do once they earn good amount of money under that trademark”
Trademark law protects only distinctive words, symbols, logos, signs, names that are capable of distinguishing the goods and services from those of others. Any modified version cannot be granted protection until the same is distinctive.
As a guest faculty at various institutions, you likely interact with aspiring legal professionals. What differences, if any, do you observe between students of today’s generation and those from when you were in their shoes? How do these differences influence your approach to teaching or mentoring young legal minds.
With students increasingly digitally savvy and globally connected, they are more aware of international issues, which shapes our discussions on legal topics with global impact. I integrate real-world examples from around the world to enrich their legal education.
I also stress the values of ethical behaviour, professionalism, consistency, and empathy in legal practice. This instills in students a strong sense of responsibility and integrity as they prepare to enter the legal profession.
As someone who has witnessed the evolution of Intellectual Property Law over the years, what emerging trends or developments do you find particularly intriguing or promising for the future of IP protection and enforcement?
In recent years, I’ve seen a significant shift in intellectual property (IP) towards protecting digital innovation and technology. Advances in AI, blockchain, and biotech have created new challenges and opportunities in IP.
Businesses and consumers are increasingly aware of and enforcing IP rights, especially post-pandemic. This cultural shift is fostering innovation and entrepreneurship, promising a bright future for IP for India’s economic growth and competitiveness on the global stage.
Beyond the courtroom, Intellectual Property disputes can sometimes involve alternative dispute resolution methods like mediation or arbitration. How do you approach these alternative methods, and what unique advantages do they offer in resolving IP conflicts?
Alternative dispute resolution (ADR) provides a special way to settle intellectual property conflicts, standing out from traditional litigation. It offers confidentiality, speed, and cost-effectiveness, making it appealing for resolving disputes amicably while protecting sensitive business details and avoiding long legal battles.
I focus on the client’s business interests and try to create an environment that encourages open communication, emphasizing active listening, strategic negotiation, and exploring creative solutions tailored to the unique complexities of each dispute. These are a few of benefits of mediation.
Beyond legal pursuits, what are your personal hobbies or interests that you find enriching or rejuvenating?
As a legal professional, I strongly advocate for maintaining a balanced lifestyle that includes regular outdoor activities to foster mental and physical well-being. I try to spend quality time with my family and indulging in my hobbies. I particularly enjoy playing table tennis and badminton with my family whenever possible. Additionally, I have a passion for driving.
Internships play a crucial role in shaping the careers of law students. Could you elaborate on the significance of internships in providing practical experience and mentorship opportunities for aspiring legal professionals? Additionally, what advice would you give to law students or young lawyers aspiring to specialize in Intellectual Property Law?
For those looking to specialize in Intellectual Property Law, I would advise seeking internships in Tier 2 or Tier 3 firms, as they offer opportunities to learn about prosecution, opposition, and litigation all at the same time. Typically, internships in Tier 1 firms only provide exposure to either prosecution, opposition, or litigation. It’s also important to maintain a network with professionals, stay updated on industry trends, and take a proactive approach to learning. This field is dynamic and rewards dedication and hands-on experience.
I would like to extend my heartfelt thanks to Team Superlawyer for inviting me and giving me this opportunity.
We’re delighted to have you here. Could you walk us through your journey from your college days at the Faculty of Law, University of Delhi, to where you are today as a respected founder partner at Acumen Juris?
I’ve always been a regular student, not particularly the outstanding, studious type one might expect. Unlike those who decide early on what they wish to pursue, I hadn’t planned that far ahead. However, I found myself fascinated by the profession of law.
During my college days, I stayed connected with people and even contested in college elections, which helped me build valuable relationships and skills. The path wasn’t always clear, but I realised my passion for taking on new challenges while working in the industry. This realisation led me to establish my independent practice and eventually run a full-service law firm. Embracing challenges with a positive attitude has been key to my journey.
Starting a legal practice and establishing oneself in the industry requires determination and perseverance. Can you share some challenges you faced during the initial stages of founding Acumen Juris, and how you overcame them to build a successful law office?
Indeed, establishing oneself in the legal industry requires immense determination and perseverance. With years of experience, these qualities became ingrained in me.
When I decided to start Acumen Juris, I envisioned creating something different. After years of working long hours six days a week, I sought a balanced life that included time for family and adventure. With this in mind, my partners and I founded the firm with a simple strategy: to operate as a firm from the outset, rather than as individual practitioners, to gain recognition and trust from corporate clients. Our extensive experience and commitment to delivering high-quality, timely services have been key to our success.
I worked across multiple time zones, advising clients globally, supporting their business setups in various jurisdictions, and handling complex transactions.
Your expertise extends beyond M&A to areas like commercial contract, drafting, venture capital funding, and legal due diligence. What inspired you to venture into these diverse areas, and how do they complement your overall legal practice?
My expertise extends beyond M&A to encompass critical areas such as commercial contract drafting, venture capital funding, and legal due diligence. These skills were cultivated during my tenure at a mid-size firm, where I approached challenges with a proactive mindset and a commitment to achieving excellent client outcomes.
In addition to traditional legal responsibilities, I have successfully undertaken corporate valuations required under FEMA 1999 for major corporations. This involved dedicated efforts, often beyond regular work hours, supported by a collaborative and supportive, firm environment.
My deep knowledge of FEMA laws, a focus since the start of my career, enhances my capacity to provide strategic guidance in transaction advisory, resolving complex structures and related legal matters.
These varied experiences have significantly enriched my legal practice, enabling me to offer comprehensive solutions and strategic insights that effectively address the diverse needs of my clients.
You’ve recently handled a notable transaction that garnered attention within the legal community. Could you share some highlights or key takeaways from this case, and how it showcased your expertise in navigating complex legal issues to achieve a favorable outcome for your client?
One recent standout in my career was overseeing a significant 900 crore share swap transaction where we represented the seller side. This transaction was particularly challenging because of its complexity, involving multiple intricate legal components and several limitations. I played a pivotal role within the core team, contributing to discussions, providing strategic advice, finalizing agreements, and devising efficient tax structures across sell-side entities.
Throughout the transaction, our approach began with a thorough legal assessment to gauge feasibility, followed by comprehensive risk assessments, and tax planning to design efficient structures.
Success in such endeavors hinges on years of experience navigating diverse transactions, a robust knowledge base, adept interpretation skills, a proactive attitude, and, crucially, a skilled and cohesive team. I am privileged to work alongside a talented and efficient team that played a pivotal role in achieving a favorable outcome.
This experience underscores my capability to manage complex legal challenges and deliver results that meet the strategic objectives of our clients.
You’ve co-authored multiple editions of a bestselling book on the Companies Act, 2013. Can you tell us about the journey of writing and updating this book, and how it has contributed to your understanding of corporate law?
Contributing to a bestselling book on the Companies Act 2013 has been a pivotal milestone in my career, marking a journey of personal and professional growth. The experience of co-authoring and witnessing its success has been immensely gratifying.
Throughout the process of writing and updating the book, I drew extensively from my practical experience advising clients on corporate law matters. This real-world application provided invaluable insights into the statutory provisions, case law developments, and practical implications of the Companies Act 2013.
Overall, this experience has deepened my understanding of corporate law and strengthened my ability to provide informed counsel to clients. It underscores the importance of continuous learning and practical application in evolving legal landscapes.
In addition, key person in developing the only website for FEMA Laws while working in the previous firm.
With your extensive experience in providing transaction advisory services, what do you consider as the most critical factors for ensuring mutually beneficial terms in agreements related to funding processes or joint ventures?
In the realm of transaction advisory services, securing mutually beneficial terms in agreements related to funding processes or joint ventures requires a multifaceted approach. This approach involves conducting thorough assessments of all parties involved, encompassing their financial health, market positions, potential synergies, and strategic intents.
It’s crucial to establish clear and precise objectives upfront to ensure alignment of expectations and goals among stakeholders. Addressing potential obstacles with innovative solutions and structuring agreements that mitigate risks while maximizing benefits are paramount factors. Moreover, building trust and fostering transparency among stakeholders throughout the negotiation process is essential for cultivating a collaborative and mutually advantageous partnership.
Navigating negotiations with skilful diplomacy, knowing when to concede and when to stand firm, while maintaining open and constructive communication, ensures that agreements are not only favourable, but also set a solid foundation for long-term success and value creation for all parties involved.
You’ve been actively involved in speaking at various forums and contributing articles on corporate laws. How do you balance your commitment to legal practice with these extracurricular activities, and what motivates you to share your knowledge with others in the legal community?
Balancing my commitment to legal practice with speaking at forums and contributing articles on corporate laws can be challenging, as it often requires allocating time from either my personal or professional life. However, these activities are integral to establishing and expanding the presence in the legal industry.
The primary motivation behind engaging in these extracurricular activities is twofold. Firstly, they serve as crucial avenues for showcasing and publicizing my knowledge within the legal community, thereby enhancing my professional reputation and attracting potential clients. Secondly, participating in speaking engagements and writing articles allows me to stay updated on evolving legal developments, enriching my expertise and broadening my perspective.
While there may not always be a perfect balance, I find immense value in contributing to the legal discourse through these platforms, both for personal growth and for the benefit of my legal practice.
You’ve provided legal services across a wide range of sectors, including retail, logistics, hospitality, and more. Is there a particular sector or type of client that you find most rewarding to work with, and if so, what makes it stand out for you?
Having served diverse sectors, including retail, logistics, hospitality, and others, each offers distinct challenges and rewards, making it difficult to single out one as the most fulfilling. However, if I were to identify a particularly rewarding sector based on personal interest and professional satisfaction, it would be the technology industry.
Technology is integral to operations across various sectors, from hospitality to healthcare and education. Working with clients focusing on technology is particularly gratifying due to the sector’s rapid pace of innovation and the continuous evolution of associated legal frameworks. Staying abreast of emerging technologies, regulatory shifts, and industry trends keeps me intellectually engaged and drives ongoing professional growth.
Furthermore, technology firms often operate on a global scale, facilitating complex cross-border transactions and international collaborations. This global dimension adds depth to legal engagements, involving interaction with diverse cultures, legal systems, and business practices.
In my practice, I have had the privilege of supporting technology-driven enterprises across more than 25 jurisdictions, assisting with business structuring, ensuring regulatory compliance, and navigating intricate cross-border transactions through our extensive global network of associates.
Working with technology clients not only challenges me to deliver strategic legal solutions but also broadens my perspective as a legal professional, reinforcing my commitment to excellence and innovation in every client engagement.
Balancing professional responsibilities with personal interests is crucial for overall well-being. What are some of your hobbies or interests outside of the legal realm, and how do you find time to pursue them amidst a demanding legal career?
Maintaining a balance between professional responsibilities and personal interests is crucial for overall well-being, albeit challenging in the demanding legal profession. Outside of my legal work, I have a keen interest in leisure travel, immersing myself in diverse cultures around the world, engaging in adventure sports, hiking, swimming, golf and indulging in cricket—a passion shared by many in India.
I make it a priority to play cricket every weekend and ensure I travel at least twice a year, either with my family or solo. One memorable experience was a biking expedition from Delhi to the highest motorable road in Ladakh and back, where I joined a group of strangers connected through mutual acquaintances—a journey that enriched my perspective on camaraderie and adventure.
Achieving this balance is only possible with the support of a dedicated and responsible team. Their commitment allows me the flexibility to pursue my interests while maintaining the high standards required in our legal practice.
In your experience, what are some emerging trends or challenges in corporate law that you believe young lawyers should be prepared for as they enter the legal profession today?
In today’s legal landscape, young lawyers face a dynamic environment characterized by evolving trends and challenges in corporate law. Initially, they must master the art of understanding and interpreting the law, which forms the foundation of their practice. Law is inherently practical and continuously evolves to meet industry demands, interpreting a crucial skill.
Emerging trends that young lawyers should prepare for include the increasingly complex global legal frameworks due to globalization. Understanding the differences across jurisdictions and navigating international transactions are essential skills. Moreover, the rise of technologies like artificial intelligence, blockchain, and big data analytics is transforming corporate practices. Young lawyers must grasp these technologies’ implications for legal strategy and compliance.
Another significant trend is the growing emphasis on sustainability and Environmental, Social, and Governance (ESG) laws globally. Companies are facing greater scrutiny and regulation regarding their environmental and social impacts, requiring legal advisors to integrate these considerations into corporate strategies.
In summary, young lawyers entering the legal profession today must be ready to navigate a rapidly changing landscape. They should embrace continuous learning, adaptability, and a proactive approach to stay ahead in corporate law.
Internships play a crucial role in shaping the careers of aspiring lawyers. What advice would you give to current law students seeking internships to ensure they make the most out of these opportunities and build themselves into proficient legal professionals?
Internships are essential milestones for aspiring lawyers, offering critical opportunities to gain practical experience, hone essential skills, and establish professional networks early in their careers. Based on my experience and insights, I advise current law students seeking internships to maximize their impact and readiness for a corporate legal career:
Actively pursue internships with law firms and corporate legal departments aligned with your career aspirations and areas of interest within corporate law.
Approach your internship with a proactive mindset to absorb knowledge and insights from experienced corporate lawyers. Take the initiative to understand corporate transactions, regulatory compliance, and strategic legal advice.
Cultivate meaningful relationships with mentors, senior lawyers, and peers during your internship. Networking within the corporate legal environment can provide valuable guidance and potential career opportunities.
Uphold the highest standards of professionalism, ethics, and confidentiality in all interactions and assignments. Demonstrate reliability, punctuality, and a strong work ethic to earn trust and respect within the organization.
Strive for excellence in every task assigned. Deliver accurate, thorough work products and demonstrate your capability to handle corporate legal matters with attention to detail and precision.
Regularly assess your performance, seek constructive feedback from supervisors, and proactively incorporate learnings to enhance your skills and knowledge base.
Internships serve as pivotal experiences for aspiring corporate lawyers to develop foundational skills, gain practical exposure to corporate legal practice, and pave the way for a successful career in corporate law.
“This is the era of technological dynamism where the web, blockchain and AI are making a lot of changes in the world. The legal field is not an exception to this and a lot of things are happening in both the legal world as well in the legal profession. So, obviously the lawyers who are the forerunners in this profession are adopting this technology induced change and they can only survive by doing that.My advice to the young generation of lawyers would be to adopt this technological change very fast. They should be the fastest runners, otherwise, they will be out of the race. Especially AI is causing a lot of job loss in the legal profession..”
– Ajmal Khan Nadakkal, Partner & Head of Corporate Khalifa Bin Huwaidan Alketbi.
Mr.Ajmal Khan Nadakkal is based in Dubai and he has more than two decades of experience with a wealth of expertise in setting up regulated and non-regulated firms all across Europe, Africa and the Far East, as well as in major cities and states in India. He has a proven track record of handling complex corporate issues, including compliance and anti money laundering policies, taxation matters, and real estate transactions to name a few.
We would like to start our journey of question answers by asking you what inspired you to pursue a career in law, and please share your story of reaching to the top.
I’m a first generation lawyer. There are no other lawyers in my family and my family circle. From my school days, I had a passion to become a lawyer. I don’t know exactly what the reasons are, but there was definitely one teacher who really influenced me and he is the person who persuaded me to become a lawyer. So from those days, I was always thinking about how to become a lawyer. Then after my pre-degree, I tried my law entrance exams and got into a law college. It was definitely not an accident. I should be honest about the fact that I came to this profession by choice.
So when this was an inspired choice and you made it with all the diligence, what prompted your decision to transition from practicing law in India, then to Dubai as well?
After college, I started my career in the local courts- District Court, Manjeri. I practiced for almost six to seven years there, in Manjeri and other Courts and then I got an opportunity to switch to an in-house legal counsel role in Bangalore. In fact, that is the reason I got to a different domain of legal field. When I took up that opportunity, I got a lot of exposure. I traveled a lot across India to handle various complex legal issues for the group, to meet regulatory authorities. Also, I traveled outside India for investment facilitations. regulatory setting ups, then also got the scope of liaison with various international law firms for handling their legal issues. This gave me a really good exposure and then I felt, international legal opportunities are bigger and I should explore more if I can get an opportunity.Luckily again I got an opportunity in the UAE. Then I took up that assignment and came to Dubai. That is how I shifted.
What difference have you seen in the kind of practice we do in India as lawyers and the kind of practice you may have seen in Dubai? And when you compare these two how do you support this transition? Let’s say if someone obviously wants to move, what kind of lookout they should have in making that transition because you have smoothly sailed this.
The Indian legal system is more traditional, which is derived from different customs and different complex laws. It took centuries to evolve that legal system. So it has its plus and minus also. We always carry that baggage of our history, even in the legal system, which causes a lot of, you know, delay in the legal proceedings and complexities. Even though now we are trying to make big changes by technology ventures and all, but still the Indian legal system is too complex and people are facing a lot of difficulties, especially the delay in the litigation, dispute resolution, then red tapism everywhere.
We cannot avoid this and that is the problem.When I switched to UAE, I realised that this system does not carry much history. It is a new law and new entities, a new legal system. It was a Sharia backed legal system, but when the international business opportunities came to UAE, the rulers were really pushing the business opportunities and trying to be the global hub. During this time, they developed the legal system and the laws also to that standard, very fast developing and, technologically advanced and which always cater the needs of the business people. They gave priority to the business people who are going to come to the UAE and invest. So accordingly they made rapid changes and that favours a person who is making strong decisions, as there is nothing to curtail that speed. This is because one person can take the decision here without being impacted by many complexities.
That is the major difference. It’s all new and transparent, moving at a very fast rate, which makes the legal dispute resolution effective. People get a quick solution to their problem when they are approaching the courts and dispute resolution authorities. This helps them to continue with their business further. In our place, sometimes it even takes decades, especially in case of family disputes. So these are major differences I could feel in the two domains. So for somebody who wants to shift from India to Dubai, my advice is that there are a lot of opportunities here, and you can cater to the world and you can feel the international legal complexities here because of the presence of almost all the nationalities, whose disputes range from personal issues to business disputes. Now because of the estate planning and foundation trust systems here,people from different parts of the world are setting up the foundation and trust here taking advantage of the easy environment,giving a lot of opportunities to new lawyers.
The only thing is they have to be very fast in upgrading themselves and follow the new developments in the legal field, especially, with the help of technology. Technological advancement is also very much required, which is something the Indian legal system is still not that advanced for which even the law colleges in India are also lagging behind in this. So these are the things they should always keep in mind when they are planning to switch to Dubai.
You have talked quite a bit about dispute resolution mechanisms as well, and you specialize in managing these disputes, especially related to commodity derivative trading, investments, forex, gold, and bullion trading as well. We would request you to elaborate a little bit about these areas and their significance in the legal field, because it is an absolute niche of the niche field and most of us are eager to understand these fields and try and see the future in it.
I was also very new to this domain when I joined the in-house team in Bangalore, but that group I was associated with was into online trading, forex, commodity derivatives, securities, and that kind of a domain. So, obviously I happened to handle a lot of that kind of complex issues, disputes, crisis management and learned about trading -forex trading ,leverage trading And futures trading. I had to learn all these things. In fact, I would say I started an account and lost some money and learned from that experience too because without practical training this is almost impossible. After a year or two I realised that I was really struggling to cope up with this environment so I decided to start an account in trade because that gave me a lot of insights, how the positions have to be taken, how the leverage trading happens, how the margins are called for. This gave me a lot of input when I switched to Dubai and started my legal career. The legal profession here really helped me because UAE is also a place of online trading, leverage trading and all people sitting here are trading across different platforms across the world and also here.
In India, though there is a clear regulation about online trading licensing and regulation which all has to happen, still people are using shortcut methods and opening up phishing companies to fraud like taking people’s money and then vanishing. Many people lose their money because they don’t know what this regulation is, they are just fantasized with this leverage trading and the opportunity to make big money swiftly.
The marketing people always give them the positive and never the negatives. So they open the account and start trading. Then in the demo, they will show some profits while in real time they will lose. They can’t even pump in for the margin calls, so obviously they will lose the money.
So many such disputes came and which came to me. So as a person who understands this domain, whenever a client comes and discusses this with me, we will get the synergy. And I have managed a lot of such disputes. In many of the issues, I managed to get back their money and in some of the cases, the accused were convicted, definitely in many of the cases, the people who vanished, we cannot do much, but still we can educate the people and also the companies who wanted to regulate and do it in a streamlined way.
They also started approaching us because of their domain knowledge. So this has become a real opportunity for me and also my team members to learn about this leverage trading and domain. Now we have started a division where we are setting up regulated entities in UAE and abroad because of this domain knowledge.
What kind of critical factors do you consider while dealing in corporate structuring and restructuring? Because they are definitely out of reach of most of us. We don’t understand that, or it is not taught in schools or colleges. Now, how do you see that platform can be built in order to make sure that these subjects reach to most of the students so that you also get a little workforce because as I can understand having that kind of the niche, you end up having very limited number of people with that understanding?So how do you see that happening anytime sooner in future?
Corporate structuring is a very important aspect of the business. Especially when somebody is starting a business, they should structure their business in a proper legal manner. What entity they should start, where is the destination they should start the business, what kind of license they should take up, and how the shareholding has to be allotted, and how the control mechanism has to be managed.All these kinds of things are very, very crucial when somebody starts a business. So, since we have a lot of this experience, we are able to advise all the entrepreneurs properly how to structure their business in the initial phase. Here, one thing, in UAE, most of the people who came here in seventies, eighties and nineties. Most of them are not very educated. They came here chasing their dreams. They faced a lot of struggles, hardships in the initial phase. They worked and then they started small businesses with whatever available corporate sector at that time was available, the legal corporate sector, then they started it like a civil company or a sole establishment and so on.
Then their business ventures grew really fast, beyond their imagination. Many of the big businesses here have all started like that and after reaching this stage of growth ,they are apprehensive about the fact that when the next generation is going to be onboarded the legal sector would not be intact and that it should be rectified as well. This is a very critical position because already the business is loaded and there is a lot of exposure . From here if they want to restructure their existing legal corporate system, this needs real advice, a proper advice with experience which only experienced persons can do because they need real time solutions.
It is in this area that we advise a lot of clients now who are passing their business to the next generations -How to structure the holding company, create foundation and trust to manage their will and wish in the subsequent generations and if the next generation is not interested in the business and a working partner is onboarded, how to sector the company in that way.
We also advise on creating an ESOP by stimulating the business through that channel.These are all things in which we really need proper advice and here liesour experience, that we gathered from the last 10 to 14 years of having real time experience in Dubai.
You started as a first generation lawyer, and now you own a company which works for all these corporate structuring, restructuring and licensing agreements. We would request you to elaborate on that as well.
I was part of a local law firm as a partner for the last 10 plus years and then recently, last year, we got a license of a legal consultancy in Abu Dhabi, which is named ABS Partners Legal Consultancy, otherwise the mainland was not allowing legal consultancy licenses. This is a recent development and we are one of the very few lawyers who got this license in our own names. In that we strategize these kinds of activities, especially this corporate structuring, estate planning, regulatory licensing, trademarks and intellectual laws, all these specific areas, especially the central bank licensing, Crypto licensing, VARA and other regulatory ESCA. So those kinds of activities we do in that legal consultancy license, which is based in Abu Dhabi.
Sir, about the ABS partners, which is doing this kind of work and you are one of the very first lawyers you have got in Dubai, the kind of transition you have seen when you were doing it in India as an Indian lawyer and when you are doing it in Dubai, when has it started? Because if I remember correctly, very recently, Dubai introduced its legal system in January this year. So would you care to elaborate on that as well, please?
In the UAE, Dubai and Abu Dhabi are the major hubs. Dubai is still very strict on issuing legal consultancy licenses in the mainland to foreign lawyers. They have a regulation, but it is a bit stringent. It is not easy to get a license there, unless we have three international branches and all. But Abu Dhabi relaxed it a bit in the last year. We got a license almost a year back now. It was last year they introduced this and maybe the second or third license is issued in our name and we should have 10 plus years standing in the UAE. Since me and my partners had this eligibility criteria we applied and got it and now we are developing that to a different level, towards a niche area.
I have to cater to the niche area, which is not much explored by the other lawyers and law firms.
So while you are doing all these things, which are very much corporate centric, you must be going through a lot of mediation and conflict resolution techniques also. How do you make sure that you employ effective techniques for these and what kind of further assistance do you provide?
Because in mediation, it’s not only the end of the case, it’s like, it is just a kind of start if there is any conflict over there. So how do you cater to such clients? And there are clients who must be very, very, very big and not that approachable. How do you make sure that everything is done in the best manner possible for them?
Basically, we are business lawyers and we have a very good connection in the business world. So obviously when some issues happen, some disputes happen, they will ask us for solutions. Obviously always the first method is to try and amicably settle the dispute.
While getting into an amicable settlement area, I always try to understand the client psychology. We need to understand the client’s situation as of now. What is his financial capacity or whether he’s really in a bad shape or this dispute is derived from the ego of the business people. This kind of initial knowledge is what we need to gather, only then can we effectively mediate a dispute. When it comes ultimately, what I realized is everybody, if we can convince them properly to avoid a lengthy litigation and a time consuming process, they will always try to find a way for mediation and settlements.
Only in mediation and settlement, we should not have any agenda. We should try to resolve the matter in accordance with the requirements of both the people. So there, our expertise and experience again, we can give different options. If one option is not comfortable for the person, we can give another option.This is all by experience that we can now give different options and scenarios where we can effectively do dispute resolutions. And we have done quite a lot of such dispute resolutions as well.
Can you share any kind of case which can be very educating for learners as well. If at all you can.
Yeah. Recently, one scenario is where a local stake was involved. The locals were very adamant while the other people were the actual investors. But the local was just a sponsor, with some agreed terms. This was a big business house, and this was almost on a deadlock because both were fighting.As it came to me, I tried to understand the actual reason behind this local person’s issues and then I realized that he has a genuine cause for this as whatever the investors agreed with him initially, this was not honored.
Conveniently, the locals were not asking, not demanding, so they were not giving as well. But when they are parting from the partnership, obviously he asked for his latkes to be honoured. Then I convinced the other party, instead of losing the entire business for a small amount, honour the right because all these years, almost 20, 25 years, he did justice. It was in his name, but still he helped the investor in all ways to build the empire. So with this kind of convincing, the dispute was settled very smoothly and they are still good friends now.
I’m just a reason for it as actually there is not much difference between them. This is where sometimes a mediator is required so that the roles can be effectively played by knowing the psychology of the people. That’s it!
Sir, in all this, there is a lot of technology disruption happening even in the legal field worldwide. How do you see it is going to work out for us lawyers on national and international platforms both, as well as what kind of areas do you see are going to come up or are already there, which are bringing a different kind of practice, even in business laws or in business entities?
This is the era of technological dynamism where the web, blockchain and AI are making a lot of changes in the world. The legal field is not an exception to this and a lot of things are happening in both the legal world as well in the legal profession. So, obviously the lawyers who are the forerunners in this profession are adopting this technology induced change and they can only survive by doing that.My advice to the young generation of lawyers would be to adopt this technological change very fast. They should be the fastest runners, otherwise, they will be out of the race. AI is causing a lot of job loss in the legal profession.
But to me, as I have realized, AI is also giving a lot of opportunities to lawyers in terms of precedence search, the formats, many of the things, especially the legal research, everything is made very easy now because of the AI advancement and these kinds of things, the new lawyers should learn. They should be very fast in learning the new technologies, especially the blockchain, the web. Now, it is going to be a different era than the web. So with these technology adoptions they should do and then cope with the new trends in the law and in the technology.
Sir, how have you driven your life with these kinds of philosophies? And would you care to share some of them with us for us to get inspired as well? How have you lived your life and how have you achieved all this in your legal career?
I’m very savvy with technology, but what I do is I employ associates with good knowledge of technology and I learn from them.There is no hesitation in learning from the juniors when it comes to technology because they are my masters and there’s no ego on this. We should learn from the new generation. My son teaches me about new technology. My daughter teaches me about this. This should be our approach when we are not good in something we should learn from who is good in this.
Then about the philosophy of my career, we should be very transparent and we should not compromise our professional ethics. However, rewarding the other opportunity is there. We should not compromise our professional ethics. If we compromise, that will give you some gain, short term gain, but it will never give you a long term mileage.
Your professional advancement is possible only when you build a reputation. That is very crucial, which I always try to stick on
How do you make sure that you have your own time for your mental health, for your personal life and obviously for other activities as well?
Yes, the personal space is for my family and my small entertainments. I always kept that space, from the beginning itself. I like traveling. I like Hindi songs, then family time. I always try to find time for this. Even though my family will always complain but still, I’m always trying to find some time, especially two days in a week. I always try to give my family time.
Sir, thank you so much for such positive thoughts and sharing it with us. And it has been a learning experience that there are certain niche fields which our learners can look up to and can reach out to you as well.
And once again, thank you for agreeing to be on SuperLawyer YouTube channel. And it has been a pleasure, sir. Thank you so much for being here. Absolute pleasure
Can you walk us through your decision to study law? What inspired you to pursue a career in the legal field, and how did your time at Campus Law Center, University of Delhi, shape your outlook on the profession? What were some of the initial challenges you faced in launching your career, and how did you overcome them?
Like many others, I too was uncertain about my career path, so I explored various fields. I had a background in science from school and pursued a Commerce degree in college. It was during this time that I discovered law, which sparked a deep interest in me.
My time at the Campus Law Center, University of Delhi, played a pivotal role in shaping my outlook on the legal profession. The dynamic environment, enriched by diverse peers, inspiring mentors, and numerous opportunities, fuelled my enthusiasm. The rigorous academic curriculum, combined with practical experiences, provided me with invaluable insights into the complexities of legal practice.
Challenges that I Initially faced were transitioning from academia to professional practice, adapting to the practical demands of legal work, such as client interactions, case management, and navigating the intricacies of the legal system, which required a steep learning curve. However, I overcame these challenges through perseverance, continuous learning, and seeking guidance from experienced colleagues and mentors.
In your experience, what are the most common misconceptions people have about arbitration, and how would you clarify them?
Some common misconceptions about arbitration include that it is always faster and cheaper than litigation, that the arbitral awards are final and binding and hence cannot be appealed. Actually, arbitration can be more efficient, but not always. Although there are limited grounds for appealing a decision of the arbitrators, they can be set aside.
A common misconception that I often come across doubts the integrity of the arbitrators. I have always sought to reassure the clients that arbitrators are bound by strict ethical standards and the selection processes as provided in law ensures impartiality.
What inspired you to co-found SAMAGRA LAW, and what unique value do you believe your firm brings to clients?
While working at established firms has its merits, there’s a certain spark that comes with building something new. Perhaps that was my inspiration for Samagra Law to co-found a more dynamic and collaborative legal environment. A place where clients aren’t just cases, but partners in achieving their goals.
Our team structure prioritizes a well-rounded approach. Senior partners with extensive experience bring a wealth of knowledge and strategic thinking. This, combined with a team of enthusiastic associates, fosters a blend of expertise and fresh perspectives.
Outside of your professional life, what hobbies or interests do you pursue to maintain a balance? How do they contribute to your work-life balance?
Balancing the demands of my legal career with personal interests can be quite challenging. Beyond my professional commitments, I prioritize reading and cherish quality time with my family, especially as a dedicated father and son to my aging parents and with childhood friends. While these roles occupy a substantial portion of my time, I also make sure to carve out time for reading, swimming and exercise.
As someone who handles technically complex cases, what strategies do you employ to communicate effectively with clients who might not have a legal background?
When dealing with technically complex cases, effective communication with clients who lack a legal background is essential. To ensure that clients understand the complexities of their cases without feeling overwhelmed, I make a conscious effort to use plain language instead of legal jargon. I break down complex legal concepts into clear and simple explanations and use relatable analogies or real-life examples to illustrate key points. Additionally, I actively listen to my clients to understand their concerns and questions, enabling me to tailor my explanations to their specific needs. I encourage clients to ask questions throughout our discussions to create an open dialogue where they feel comfortable seeking clarification on any aspect of their case. Regular updates on the progress of their case are provided in straightforward language to keep clients informed and reassured about the status and next steps. I approach each client interaction with empathy and patience, creating a supportive environment where clients feel empowered and informed. Managing expectations and providing realistic insights about case outcomes and the legal process helps foster trust and reduce anxiety. By implementing these strategies, my goal is to ensure that clients with limited legal knowledge feel informed, supported, and confident in their understanding of their cases and the legal strategies being pursued on their behalf.
How do you envision the role of technology shaping the future of legal proceedings?
Over the next few years, technology is poised to take legal proceedings to a whole different level. In my view, artificial intelligence will be vastly applied in legal research and review, which will really speed up the preparation stage of a case and involve reduced costs associated with case preparation. Virtual hearings—the creation of necessity throughout pandemics—will have become much more common, bringing improved accessibility and efficiency. Video conferencing and data analytics are going to further revolutionize courtrooms and litigation strategies. Blockchain technology could provide frontiers in smart contracts and secure document storage. We do, however, have to be very conscious of the challenges that are to be contended with, such as access to technology by all and efficient security and confidentiality processes in the legal proceedings.
Reflecting on your early days in the legal profession, do you remember the first time you fought a case? Could you share with us some anecdotes or memorable moments that occurred in the courtroom during that experience?
Yes, I do remember the first case that I fought in court. It was a civil suit filed by a vendor against my client, an automobile manufacturing company before the Agra district court.
An interesting anecdote, I used to be very curious every time I went to that court because the tablecloth on the judge’s table, which was white in color but the portion falling on the side where the lawyers used to stand and argue was varying shades of red. I couldn’t help but ask the court master about this and was most amused to hear from him that some of the local lawyers used to wipe their tobacco chewing mouths while making submissions before the court.
My opposite counsel was a veteran lawyer of the district court. He was somehow deeply impressed by my dedication to reach the court early in the morning on each date of hearing from Delhi as well as my research skills – citing relevant judgements before the court. I finally succeeded in getting the suit dismissed for lack of cause of action. I was pleasantly surprised when he congratulated me and wished me success in my career. Later, he recommended me to some of his colleagues for their cases before the NCDRC, which was really a sweet gesture from him.
With your background in aviation law and dispute resolution, how do you see the landscape evolving in the next decade, particularly in India?
In the first place, I hope to see specialized tribunals in India at the national level, such as the HCAA in Europe, to deal with aviation-related disputes, therefore providing a forum possessing the necessary expertise in handling complex aviation cases.
Arbitration is set to play an increasingly prominent role in resolving aviation disputes. It is uniquely suited to the aviation sector because it is fast, confidential, and expert-driven. We may see an increase in institutional rather than ad hoc arbitration to obtain greater consistency in results and to build up a jurisprudence of sorts.
There is also a growing requirement for more global legislation and arbitration within aviation. Environmental considerations can easily be envisioned to feature largely in aviation law in the future. We are going to witness more sustainability- and reducing-emissions-centered rules and disputes in the near future.
What advice would you give to young professionals aspiring to succeed in the legal field, especially in areas like litigation and arbitration?
What I’d like to tell young professionals who want to excel at litigation and arbitration would be:
Develop a habit of continuous learning. Laws and regulations are constantly evolving, especially where the field is so dynamic.
Specialize in a niche area within litigation & arbitration, as that will further enhance career prospects by showcasing your expertise and differentiation.
Establish a professional network. These are the relationships that will sustain you during your career with colleagues, mentors, and even opposing counsel.
Uphold high standards of integrity and ethics. Your character is your most valuable asset in the legal profession.
In your role representing government regulatory agencies and advising aerospace companies on offset contracts and technology transfer, Please share with us what unique insights have you gained about the intersection of legal frameworks and the rapidly evolving aerospace industry?
In my previous role, the interface with government regulatory agencies and aerospace companies provided me a vantage view of just how complex the intersection of legal frameworks and an evolving aerospace industry really is. This sector is controlled by a multi-faceted regulatory environment involving agencies like DGCA to AERA, coupled with multiple acts and policies. Consolidation is turning into a trend across global supply chains, driven by digitization and environmental factors. Such consolidation is producing new legal challenges and opportunities, especially within M&A activity, where due diligence is an increasingly important function.
Nishant, amidst your diverse legal expertise, is there a particular area of law that you’re especially passionate about or that resonates with you on a personal level? If so, could you share why it holds such significance for you?
I was introduced to arbitration in 2002 or 2003 and since then my passion for the same has only increased. In subsequent years, I was fortunate enough to be part of domestic and international arbitrations, ad hoc & and institutional arbitrations where I represented foreign clients and sometimes the PSUs. I got to work with some of the finest arbitrators and arbitration expert lawyers. Not only that, it also gave me an opportunity to interact with engineers, IT experts, financial analysts and the valuable takeaways helped me in my future cases.
The reason that I like arbitration is that it not only involves months of hard work but also the strategy behind the constitution of the tribunal and the structuring of the claim statement or the statement of defense. Conducting cross examination of the opposition witness has always been an enjoyable experience.
Besides that, it is an extremely dynamic field where law is constantly evolving, be it by the legislature or the courts. There were also instances where we could not find helpful judicial precedents under the Indian law and therefore had to look at English and other jurisdictions. So, to be constantly updated on various aspects of arbitration is an intellectual challenge that constantly drives me to learn and improve.