Category: Higher Studies

  • Kartikey Mahajan, LLM Candidate, Harvard, on mooting, practice at the Supreme Court, and plans for the future

    Kartikey Mahajan, LLM Candidate, Harvard, on mooting, practice at the Supreme Court, and plans for the future

    kartikey-m1Kartikey Mahajan graduated from NLU, Jodhpur in 2011. He has been practicing as an Advocate at the Supreme Court of India, after a stint at Luthra & Luthra. Recently he got admitted into an LL.M. programme at Harvard Law School, with a 50% tuition waiver.

    We took this opportunity to ask him about:

    • Being among the Top Five Oralists at the  World Finals of Stetson Environmental Moot Court
    • Practising as an advocate at the Supreme Court of India
    • Pursuing an LL.M from Harvard Law School

     

    How would you like to introduce yourself to our readers?

    I did my schooling from Delhi Public School, Mathura Road, New Delhi. Thereafter I decided to pursue law as a career and joined National Law University, Jodhpur. Law school provided me with a platform to participate in a number of moot court competitions and be a part of different committees in various capacities. Law school also made it possible for me to intern with some of the biggest names in litigation and as well as the biggest law firms of the country. These opportunities exposed me to different facets of law and also helped me develop a deeper understanding of our society. It also exposed me to various sectors of our economic functioning. After law school, I joined the Project Finance team of Luthra&Luthra Law Offices, Delhi that was one of the coveted teams to join in the country for corporate law at that time. At Luthra&Luthra, I worked on high profile transactions as well as did a lot of policy work for Planning Commission of India in terms of drafting model PPP documents. After Luthra&Luthra, I joined the chambers of Additional Solicitor General of India where I worked on government matters before the Delhi High Court and Supreme Court of India. The ASG allowed me to take my own private briefs which also helped me learn a lot about handling the matters without anyone else’s supervision. Now I am leaving for my masters at Harvard Law School this fall and intend to concentrate on litigation and arbitration related subjects during my LL.M.

     

    Did any of your family members motivate you to pursue a legal career?

    Both my father and mother are doctors in New Delhi. My father is in private practice and my mother is with a government hospital. I believe a legal background always helps a lawyer in his early days be it any field of law. Although, I didn’t even remotely have a family member in the legal field, my father always wanted me to become a lawyer.

    In litigation particularly, the benefit of having a legal background becomes more tangible early on, as you can land few clients or have an established office space. However, with respect to any field of law a having a legal family background helps understand the law better, as a person can always take help of his/her family member’s experience to understand the nuances of law. But I am strongly of the opinion that in the long run it’s the individual’s hard work and determination, which helps him. Any person can get those easy breaks when he has a legal background but to sustain it over a long period of time and establish oneself as a reputed lawyer, it is always the competence of that person alone.

     

    How did you manage being an all rounder in school?

    (Kartikey was awarded the Academic Excellence Award Scholarship in school and was also awarded various awards for playing guitar and drums.)

    Well quite frankly I will not call myself an achiever in school. I hardly used to study in school until 9th grade and I was always involved in extra-curricular activities like playing guitar, drums and being part of cricket and basketball teams. It was only during 9th grade that I started paying attention towards studies as the board exams were due next year, therefore my father asked me to pull up my socks. I consequently, started excelling in studies, which helped me secure Academic Excellence Award Scholarship for the next three years. By the time I started concentrating in studies, I had already acquired the skills of playing sports and recreational activities like guitar and drums, which enabled me to continue these activities without spending that much time which one usually requires for learning a skill. So being an all-rounder came quite gradually over a period of time and just required a little bit of time management. It is this time management skill, which I can say that I learnt at school, which is still helping me engage in multiple activities at the same time.

     

    Were your sure about pursuing a career in the legal field from the beginning?

    I was always fascinated with doing something different from my parents. Initially I started preparing for medical entrances in 11th grade and since I really enjoyed science, I used to excel at the exam preparation courses at Akash Institute in Delhi (an Institute which helps you prepare for medical examinations). But like I said I was always fascinated with doing something different from my parents, which always made me think about exploring different options and law was certainly one of the options which I had in mind. Then in the beginning of 12th grade my school organised a mock moot court for the students and I participated in the same as a speaker. It was during the preparation of that competition that I realized the thrill and excitement associated with the field of law and I knew that a career in law was right for me.

     

    Tell us in detail about your time at NLU–J.

    During law school, I participated in a number of moot court competitions like Vis East, Stetson Environmental Moot, Henry Durant and ICC Trial. Mooting was one activity, which I extremely liked during law school and I always wanted to perform better every time I participated in a moot. Besides mooting, I published a number of articles in leading national and international journals and as well as periodicals. Whenever, I got time, I also played basketball and cricket to unwind.

     

    What skills did you acquire while serving various committees at NLUJ?

    I was fortunate enough to be selected in a number of student committees by the faculty at NLUJ for various important positions. All these roles and positions helped me grow as a professional and as well as an individual. This is because working in any committee always involves coordinating and organising important events. This makes you more patient while dealing with your peers and as well as the University staff and outside organisations. Working for events also enables you to handle pressure without taking too much stress. This is true of every committee whether be is Sports, Cultural, Academic Support, Moot Court etc.

    Well I think my fondest memories of working in any student committee were during my fourth year when I was the Secretary of Legal Aid Committee. During the short stint of one year we organised numerous awareness camps on legal issues in nearby villages of Jodhpur. Rajasthan as you would know is a very conservative state, which has practices of dowry, female foeticide etc. prevalent almost in every part of the state. Before my stint at the committee, I always saw those problems from only an academic point of view. My involvement with the committee was the first time that I saw these sensitive issues up close.  These events certainly had a lasting impact on me and really helped me while dealing with the pro-bono cases at the Delhi High Court Legal Services Committee. I would say that I really absorbed a lot of practical nuances when it comes to common societal problems during my stint at the Legal Aid Committee which made me more sensitive towards these issues of dowry death, child rape etc.

     

    What difference did you find in the Indian and the world rounds?

    (Kartikey was awarded the Fifth Best Oralist Prize at World Finals of Stetson Environmental Moot Court Competition and also the third best oralist at Northern Rounds of Stetson International Environmental Moot Court Competition.)

    There is a marked level of difference in the judging standards of Indian and world rounds. While at the Indian rounds you will routinely find judges who are alumni of the law schools who tend to grill you on the legal points. So they basically tend to give marks based on your legal knowledge. I have been a judge in few competitions like Jessup, Stetson etc. post law school and I have noticed this tendency amongst the Indian judges to mark the students on the basis of their legal knowledge. Basically if you are good in legal knowledge then mostly you will get higher marks in other sections of the scoring sheet like style, etiquette etc. However, in the international rounds of any competition, the emphasis is mostly on the speaker’s speaking style and his ability to answer the questions with poise and clarity. While legal knowledge is relevant during international rounds, but other sections become equally important.

    Well during the World Finals of Stetson, my team members who were in the Indian rounds could not manage to come with me to Florida due to Visa and Financial issues. So ten days before leaving for the World Finals, I had to speak to the national and international organisational members of the competition to amend their rules and allow me to induct a new member from the University who had a valid US Visa. When the permission was granted, I managed to induct a new partner (Rashi Ahooja) for the World Rounds and she prepared everything in just five days and managed to secure the 6th Best Speaker at the World Finals. The entire period after the Indian rounds until the culmination of the World Finals was an exciting period which involved a lot of challenges and made me learn a lot of things like acting under pressure and petitioning the organisations to amend their rules.

     

    Can you give three essential tips to our readers who wish to ace the oral rounds of an international moot?

    The First tip would be to know your proposition, memorials and the relevant legal issues thoroughly. You cannot not know the above things. A person should equally devote a substantial amount of tine writing down the structure of his arguments and rehearsing them until you master them. In any moot court, a judge would try to deviate you from your structure but a good mooter would always come back to his structure of arguments after answering the judge’s question. Lastly, always remember to speak slowly when it comes to arguing before international judges, as Indian accent tends to be really fast which the judges may not understand. I essentially followed all the above rules while preparing for any round.

     

    What kind of internships did you do in your law school?

    During law school, I managed to intern at many different places like law firms, counsels, consultancy firms and corporate organisations. This helped me get exposure to different realms of law and different work environments.

    There used to be institutional support for procurement of internships at law school from third year onwards. However, I always managed to secure an internship for myself without relying on the Placement and Internship Cell.

     

    Did you plan out the course of your internships?

    I did plan out my internships as initially I interned with counsels to try and understand the basic fields of law like contracts, constitution and procedure statutes including arbitration. Then from third year onwards I interned in law and consultancy firms to get an experience of corporate laws.

    I think it is extremely important for a law student to plan the course of his internships as certain internships like a corporate law related internship can be understood better only when one has read and worked on contract law related issues. So basically doing a corporate law internship in the beginning of second year will not make much sense for a law student. Also, if a person is thinking of applying for LL.M, then he must undertake internships, which will help him show his focus towards the field of law that he wishes to pursue in LL.M.

     

    Can you give us a few tips to ace the art of paper writing?

    Well there is no tip for writing a paper as such. One just needs to start writing and the person becomes better with time. What I would say is that a person should always pick up a novel topic to write, as there is no point writing on something on which already a lot has been written. I have always picked up topics on which I can add to the scholarship of the subject by highlighting my own original viewpoints.

     

    Tell us how has moot court participations and paper publishing helped you in acquiring skills that are important for a successful legal career?

    They certainly have. Moot courts made me develop the requisite confidence to appear before a judge in litigation. Although many would say that moots are not at all like a real case, to which I would agree as well, but moots give you a style of presentation and help you being thorough. I am so used to appearing in Court without looking much into my file as I acquired this habit while preparing for moot courts. I have also handled an international arbitration in Singapore and I must say that my mooting experience at Vis moot was extremely relevant for that arbitration interms of my presentation style. Legal writing although did not seem to have contributed to my drafting skills, but it helped me develop thought process and delve deeper into certain legal issues.

     

    How did you manage your academics, curricular and co-curricular activities?

    Well… I was always interested in basketball and cricket, but it was mostly in my first and the last year that I played these sports on a regular basis.

    Like I said before, time management came naturally to me from school itself and it was never hard to manage all these activities at law school.

     

    Tell us about your experience at Luthra&Luthra?

    I was offered a job at Luthra&Luthra through campus placement. The experience was very interesting as I got to work in one of the most exciting teams in the country for Project Finance. I worked on few huge transactions, which helped me realise the need of a lawyer to pay attention to detail. Also, the experience helped me read very long documents in lesser time and improve my drafting skills by the end of my stint at Luthra&Luthra.

     

    Why did you switch from a corporate job to a job of a practicing lawyer?

    (After working in a law firm Kartikey started working as a practicing advocate under Mr. Rajeev Mehra, Additional Solicitor General of India.)

    I switched because I always wanted to pursue litigation and arbitration and argue before the courts. I started with Luthra&Luthra because I wanted to save some money to help me tide over the initial years of litigation and at the same time become familiar with commercial documents.

    The initial major challenge was to remain physically standing by the end of the day. Litigation unlike corporate work, involves a lot of running around the courts and even outside the court to conduct client meetings etc., so after working in a corporate firm one looses touch at being that physically active. Then obviously making new clients is always challenging in litigation as clients usually don’t place confidence in young lawyers to handle their cases. I must say that everyday in litigation is a challenge, which comes with its own set of thrills and excitement. You never know what problem can crop up like a small mistake in filing because of which the registry doesn’t put up your matter, like managing multiple courts on the same day, tackling judges on their bad mood days etc. So basically the uncertainties increase in litigation manifold and it was basically understanding that these uncertainties were very much possible on an everyday basis was the initial challenge.

     

    Tell us about your work at Supreme Court of India.

    I have majorly handled cases at the High Court and then at the Supreme Court. This is because I was associated with the chambers of Additional Solicitor General of India. The government work is really interesting and at the same time very time consuming not allowing you to find enough time for your private matters. So basically I used to handle atleast 8-10 matters a day for the ASG, which also sometimes turned out to be 15-20 matters per day. Obviously not all of them came up for arguments, many had just small applications or asking times for filing rejoinders/counters etc., many had adjournment motions or many required usage of court craft to ensure that the matter was passed over or put at the end of the board so that it can be rolled over to the next day. But what all these matters put together tested was the organisation and coordination abilities of the juniors as we had to coordinate with the government departments and as well as the Standing Counsels for their instructions. Many a times a 500 to 1000 page brief used to arrive in the office at 9 pm with instructions to appear next morning (We all know how disorganised and lethargic government departments can be). So this helped me read the files faster and understand what the relevant points can be in a short span of time. Whenever I used to have a private brief, then I had to face the additional problem of managing my workload.

     

    Why did you choose Harvard Law School?

    (Kartikey was awarded Jagdish Bhagwati Fellowship (Columbia Law School) Willams Papsworth Studentship (University of Cambridge) Graduate Dean Award (New York University School of Law), all of he declined to pursue an LL.M at Harvard Law School.)

    All these scholarship applications are basically included in the application procedure for the LL.M Programme. Cambridge had a separate scholarship question in which you basically had to state your reasons for applying for a scholarship. NYU had a question on describing a legal issue facing a country or the world and proposing solutions to address the same. As far as Columbia was concerned, it did not have any separate question.

    Harvard has also offered me a tuition waiver of almost 50%, its just that its not a named scholarship like that of Columbia, Cambridge or NYU. I chose Harvard primarily because it has the best faculty for the courses that I am interested in, like Constitutional Law and Policy. Also, candidly speaking, I intend to return to India post LL.M to continue pursuing dispute resolution for which a Harvard LL.M offers intangible benefits over the other LL.M programs.

     

    What are the necessary traits required to bag a scholarship?

    I think it’s not only about law school but your overall profile. Curiously, I am still not sure as to what did the admissions committee like about me at every college that I got so many scholarships. I think this question is best suited for admission officers to handle.

    But I would like to say that if I have to think of some factors which would have helped me then I would say a good rank at law school (top 2% is a must), international awards at moots, international publications and both government and corporate work experience would be the factors which could have probably helped. But like I said before, I am not even myself sure to give two cents about this.

     

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    Tell us what motivated you to go for a master’s programme?

    I always harboured a desire to do an LL.M since law school. Its just that I didn’t know what I wanted to study during an LL.M. So that’s why I think that work experience is really important for most people as they get better clarity interms of what they want to study and how they want to utilize their time at LL.M which is just for 9 months.

    The reason why I didn’t opt for an LL.M at Indian University is because I have already studied at one of the best law schools of the country and I didn’t think that pursuing an LL.M at another good Indian law school would enhance my skill set or knowledge base. I think an international LL.M programme always helps you develop different perspectives about a particular legal topic as there is a presence of diverse viewpoints of people from around the world. Additionally, studying your interest areas from the best professors of the world and not that of one country, obviously helps you delve deeper into that subject area.

     

    What is your area of study at Harvard?

    I intend on pursuing Constitutional Law, Negotiations, Civil Procedure, International Commercial Arbitration and other litigation related courses. I also intend to get involved with trial workshops/clinics and learn the American way of litigating.

    From what I have heard from my friends who are Harvard alumni, I think the educational culture at HLS is really intense and demands a lot of time. This is chiefly because of the Socratic method of teaching which is followed at all US Law schools that involves a lot of reading up before coming to class and the class itself involves only discussion with the professor. Lets not discount the fact that a classroom at Harvard would be filled with some of the brightest minds so you can obviously expect a lot of cross-exchange of indepth analysis of legal issues. I think that’s where the fun lies.

     

    What are your plans after LL.M.?

    I intend to continue with my Litigation and arbitration practice. As far as a job in corporate sector is concerned, that is definitely not cut out for me. Although, I certainly love corporate laws and I intend on continue doing commercial litigation.

     

    Lastly, what would be your message to our readers?

    I don’t think I am in a position to offer any advice or a guiding principles to anyone at this time. However, I have always tried to follow what my father used to tell me since I was a child which was that one should pursue whatever he or she feels like. There is no set career path for anyone whether be it litigation, law firms or corporate organisations or NGO’s etc. If one really likes whatever he does, he will never get bored of it. People should ask whether they are willing to get up every day and do that kind of work that they are doing. If not then Quit! If yes then I feel possibilities are limitless.

  • Shezin Hussain on comparative Legal Practice of Bangladesh and India and organising Women’s T20

    Shezin Hussain on comparative Legal Practice of Bangladesh and India and organising Women’s T20

    shezin-h4Shezin Hussain graduated from NUJS, Kolkata in 2009. Being a Bangladeshi citizen educated in India she has the insights of the legal systems of both the countries. After graduating from NUJS, she completed her LL.M. from Southeast University, taught as a guest lecturer at Metropolitan University, Sylhet, and has been a practicing lawyer at the Judges’ Court at Sylhet.

    She has also been an Investigation Officer for BRAC which is the largest NGO in the world. Most amazingly being a passionate sportsperson she has had the opportunity of organising the latest ICC Women’s T20 World Cup 2014 among all her commitments.

    In this interview she has talked about:

    • Life at NUJS and interning at places in India and Bangladesh
    • LL.M. from Southeast University, Dhaka
    • Organising the ICC Women’s T20
    • Being an investigation officer at BRAC
    • The comparative legal practice of India and Bangladesh

     

    Our readers mainly consist of young lawyers and law students, how would you like to introduce yourself to them?

    Hi, I am Shezin W. Hussain residing in Sylhet, Bangladesh. Currently I am practicing as an Advocate at the Judge’s Court, Sylhet. Apart from that I’m working as guest Lecturer for the Department of Law & Justice, Metropolitan University, Sylhet and a political fellow for Democracy International, a USAID Agency.

     

    You finished your schooling in India. What prompted you to pursue your education in India? How were your formative years as a school student? Did you partake of all activities in school?

    It was solely my parent’s decision to send me to India to complete my schooling. Both my parents were involved (Mom is still involved) in politics, due to which they couldn’t spend much time on me and my siblings, hence they sent us away to boarding schools for better education.

    During my early school days, I focused more on my academics; hence I worked on my grades instead of concentrating on other activities. Eventually, when my grades started soaring upwards, I started participating in various co-curricular activities.

     

    How did the thought of pursuing a career in law cross your mind? Did you have lawyers in your family who motivated you to pursue a career in the legal field?

    I never thought of entering the legal profession, it was my dad’s decision that I take up law as a subject after I had completed ISC in 2004.

    My grandfather was a practicing Advocate in the Judge’s Court, Sylhet but I had lost him while I was in Standard VI, so I wasn’t actually motivated by him. It was more of my dad’s decision. Now that I don’t have my father to see me pursuing my career, I feel lucky to have had a father who anticipated the potential in me and asked me to tread the path of the legal profession.

     

    What prompted you to consider NUJS, Kolkata for your legal studies? How did you get to know about it? Which other universities were in your shortlist?

    My mother, while visiting Kolkata in November 2003, came to know about this University in some newspaper. She had visited the University and collected the application form, which she later posted me. I was preparing for the ISC exam, scheduled in March 2004, I was asked to fill up the application form and post it back to the University. This was the first and last University I had applied for. I didn’t consider looking for any other Universities.

     

    Please share some of your memorable experiences at NUJS, Kolkata. What made your college life exciting? How well do you think your education at NUJS prepared you for the real world practice of law?

    Securing a place along with other meritorious students made me wonder how I ended up there.

    Initially life in NUJS was hectic, nerve wrecking & challenging. I was not a brilliant student but more of a mediocre student; hence I had to struggle with the study pressure in the beginning. Eventually, when I had settled in, things started to fall into place. My grades stabilised and I could engage in other extra-curricular activities.

    The years I spent at NUJS have been the best 5 years of my life, I made wonderful friends, discovered the vast arena of legal education, and ventured the city of Kolkata in every possible way. Overall, it was a great experience.

    The legal education that I received from NUJS, has helped me imparting knowledge to my students during my teaching experiences. It has also equipped me to deal with the legal complexities of litigation.

     

    Tell us about your internships. Any remarkable internship experience which shaped up your career? How would you recommend students to go about choosing their internships?

    I have done several Internships, under the Advocate on Record of Supreme Court of India, Kanga & Company, Jyoti Sagar Associates, Mumbai, Senior Advocates of Judge’s Court in Sylhet, Bangladesh. All, these internships have given me an opportunity to experience different aspects of the legal profession. Corporate culture, litigation gave me an opportunity to decide what kind of a career I’d like to pursue. Unfortunately, in my country, there isn’t much scope for students to carry out internships. The sole reason is that the corporate culture in Bangladesh is still developing and  the universities in the country don’t emphasise on Internships, due to which many students are unclear about their careers after graduation. Indian students already know what they’d like to pursue after completing their graduation but  it is important to focus on law firms that you’d like to work with in the future while choosing your internships. A good internship definitely reflects well on your C.V. while recruiters hire you.

     

    What was your motivation behind pursuing LL.M.? Was it a personal endeavour or a professional requirement? Why didn’t you opt for Indian Universities?

    I wanted to pursue LL.M from the U.K but due to personal anomalies I couldn’t do so. Later, pursuing LL.M was more of a professional requirement than a personal endeavour. I didn’t opt for Indian Universities as they don’t offer specializations in subjects; plus, since the duration is of 2 years, it didn’t seem very encouraging to me.

     

    You completed your LL.M from Southeast University, Dhaka, Bangladesh. What all did you consider before choosing your subject for Masters? What are the differences you found between Southeast University and NUJS?

    As I said, since it was more of a professional need to pursue LL.M, I opted for Southeast University. Since there was no specialization, it was a general LL.M, and hence I didn’t have the option to choose any subjects.

    There are numerous differences between NUJS and South East University. I cannot compare NUJS with any Private University. If I ever get an opportunity again, I’d like to pursue my LL.M in a foreign country.

     

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    You were closely associated with the ICC T20 Women’s World Cup 2014 and the South Asian Games 2010. How was your experience organising these events? Have you been a sportsperson? What draws you to sports?

    I was the MC for the South Asian Games 2010. It was definitely a great experience. That was the first time I faced thousands of people. This experience has definitely added as a boost to my experience during the ICC T20 Women’s World Cup 2014. I worked as a Local Coordinator for the women’s teams along with being the MC for the player of the ceremony after each match. Dealing with ten teams was super challenging and hectic. The event was scheduled for more than a month. It was an eye opening experience as I came in contact with hundreds of officials and employees of the International Cricket Council, the Bangladesh Cricket Board, famous players and match officials. I feel extremely lucky to have been a part of such a stupendous event.

    I was more into sports during my school day and college life. I have played almost all kinds of sports and was a part of the football team and cricket team while at university and the basketball, hockey teams during school days. It’s rejuvenating and I enjoy playing sports.

     

    You worked as an investigating officer at the Gender Justice & Diversity Section, BRAC, Dhaka, Bangladesh. Tell us what your job profile was all about, what comes under the responsibility of an investigation officer?

    The job as an Investigation Officer in Gender Justice & Diversity at BRAC was interesting and challenging. Basically this job profile was focussed on working with sexually harassed men/women at work place. A grievance cell was created whereby those working with BRAC if they faced any sexual harassment at work place could launch complaint with SHARE Unit, (Sexual Harassment Elimination Unit). After receiving complaint from SHARE, two investigation officers are given the task of visiting the place of occurrence and carry out investigation. After returning back from investigation, report has to be prepared and handed over to the Team Manager. Later Team Manager along with the head of SHARE Unit would decide upon what action to be taken. The punishment could range from termination, temporary suspension and warning. An aggrieved person if not satisfied with the awarding sentence could approach to Ombudsman. The decision of the Ombudsman is final.

    So, as an investigation officer, I had to investigate the matter by visiting the place of occurrence, take statement of the victim, accused and witnesses. It was very challenging job because sometimes the accused would turn hostile, the witnesses would refuse to meet. Most importantly basing on my report following actions would be assigned. So since it was sensitive issue dealing cautiously was essential.

    BRAC’s GJ&D had formulated Sexual Harassment Elimination (SHE) Policy in 2004, following which BRAC was committed to follow the High Court Division’s Guideline against sexual harassment that was promulgated on May 14, 2009.

     

    Given the Law firms where you interned offer a lucrative pay package and a prestigious career, how did you decide to return back to Bangladesh and start practice? Have you always thought of litigating from your days of being a law student?

    It was simply my father’s decision that I come back to Bangladesh and start working here. Since 1994, I have been in India for education purpose, hence my father wanted me to return back just as I had completed my graduation in 2009. I didn’t think of taking up litigation while I was a law student. The circumstances lead me to opt for this path.

     

    You are currently working as an advocate at Judge’s Court, Sylhet, Bangladesh. How is the court atmosphere in Bangladesh? Can you share some of your experiences in the first few sessions of the court?

    The Judge’s Court scenario is pretty much different. Though initially I didn’t like the atmosphere but gradually over time I got used to. The first few sessions of the court was challenging as most of the time while appearing for any matter, I am facing a senior opposing counsel. I was nervous at the beginning but over time I have grown confident and hesitation don’t take over me.

    Also, immediately after graduating in 2009 I couldn’t start practice straight away. In the legal system of Bangladesh one has to pass the bar examination before practicing as an Advocate. Passing the bar exam is really challenging as one has to face more than 15,000 or more examinees from all over Bangladesh every passing year.

     

    Can you tell us about a few highlights of the legal system of Bangladesh? Do you find any major differences between India and Bangladesh?

    The legal System in Bangladesh follows the Common law. The Judiciary is independent. The Supreme Court of Bangladesh is the Apex Court with two divisions, The Appellate Division and the High Court Division. Appellate Division hear and determine appeals from judgments, decrees, orders or sentences of High Court Division. High Court Division has both Appellate and Original Jurisdiction. It hears appeals from orders, decrees and judgment of subordinate courts and tribunals.

    The laws and acts are all most similar except that amendments have made certain changes. The personal law is different than that in India. Also, unlike the Indian System, one has to qualify the bar examination in order to practice in the Judge’s Court in Bangladesh. For enrolment in High Court, minimum two years practice in lower court and if the candidate has LL.M that he /she can sit for enrolment examination of High Court.

     

    What are the primary requirements of a practicing lawyer in Dhaka? Is it possible for an India educated lawyer to start practice in Dhaka and vice-versa? Do you consider practicing law in India ever? How would it be for you to adjust your career in a city like Delhi or Kolkata?

    Primary requirement for a practicing lawyer is that he/she has to be enrolled after passing the Bar Council Examinations. It is not possible for an Indian Lawyer to practice in Bangladesh unless he/she is a citizen of this country and vice-versa. I had considered practicing in India but since I am not an Indian Citizen, hence I cannot practice. If I would have the opportunity I would comfortably adjust my career in Kolkata, as I’m accustomed to the life in Kolkata after staying there for 5 long years.

     

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    Is legal practice in Dhaka as lucrative as in Kolkata? What are the primary challenges in establishing an illustrious career there?

    If you consider the High Court practice, then I would say both Dhaka and Kolkata are on same footing. Even though primarily it’s very tough to build up this career in litigation but with time one can blend in.

    The primary challenge in litigation is being a woman. If the family is not supportive than pursuing litigation, maintaining family could be pretty challenging. Though now days the families are less conservative so this makes the chances a bit better to opt for litigation. And of course competition is there considering clients prefer Barrister-at-Law than other Advocates. This trend has been since there after independence and till date it continues. People have the notion in Bangladesh that if you become a Barrister you are much more qualified than ordinary advocates who are in practice for long years. The trend is changing though, after realising that not all Barristers are worth the penny.

     

    You have worked in India as an intern in various law firms and under various famous advocates, do you find any difference in the working cultures of India and Bangladesh? How different are both the countries in terms of work culture?

    The work culture is much more different in Bangladesh in comparison to India. The education I got from NUJS has given me an upper hand. In comparison to other graduates from certain private universities and public universities in Bangladesh, I think I had a great exposure in this profession. The experience that I have gained has pushed me ahead in my profession. As a result, I am pursuing litigation along with teaching and also being a political fellow for Democracy International, a USAID agency. Also, the corporate culture is not yet full-fledged in Bangladesh unlike India. It will take another few more years to form the corporate culture like that of India. Also the political instability has direct influence in our legal system, so that works to as a barrier for companies coming in and investing in Bangladesh.

     

    Lastly, what would be your message to a law student who wants to excel in the legal profession?

    For the law students, please utilise your time wisely while studying and try selecting the good law firms for internships. The internships reflect a lot in what you are capable of pursuing as a lawyer while you will enter professional field. Most importantly, let your heart follow what you want to pursue, don’t follow anyone because making your own identity will always lead you ahead in life no matter what you chose. Good wishes to all the upcoming lawyers.

  • Aman on pursuing BCL from Oxford, working with International Organisations and getting higher grades

    Aman on pursuing BCL from Oxford, working with International Organisations and getting higher grades

    aman-cb-4Aman, a graduate of National Law University, Jodhpur, of the 2012 batch, talks about his spectacularly awe-inspiring journey as a Law student. Not one to be charmed by the glamour of law firms, as most University-toppers admit to be guilty of, Aman chose to pursue his academic instincts further, by completing his BCL degree from Oxford University, with a focus on International Law, and then moving onto complete a prestigious internship at the International Criminal Courts, The Hague. All set to join Palestinian Center for Human Rights in Gaza, he shares with all Law Students, the following :

    • What went into winning the Trilok Chand Mangilal Sancheti Gold Medal.
    • The importance of balancing academics, moot courts and extra-curricular activities
    • The significance of choosing the appropriate internships
    • Why one should choose to pursue higher education
    • The experience of studying at Oxford, and of interning at the ICC.

     

    Most of our readers are law students and young lawyers. How will you introduce yourself to them?

    I am yet to figure out a good response to this question! Anyway – going the conventional way – I finished my undergraduate studies in law and policy sciences from the National Law University, Jodhpur in 2012. Pursuant to that, I proceeded to Oxford where I completed my BCL with a focus on Public International Law, Equality Law, Jurisprudence and Political Theory. Post Oxford, I had been interning at the Trial Chambers at the International Criminal Court, The Hague till March this year. I am preparing to join an organization called the Palestinian Center for Human Rights in Gaza this month.

     

    How did you gravitate towards law? What interested you most about the subject at the time? Is that interest still intact?

    I have grown up in an environment – both at home and school – where I have been exposed to and sensitised about various social issues. I wanted an education that helped me do something about such issues. Law was one such option (along with Medicine and Journalism)! However when I decided on pursuing Law, I did not have a very clear understanding of how the study of law would be directly instrumental in working towards the issues that motivated me. It was perhaps the interest in gaining more familiarity with social policies and laws; the attraction of the inter-disciplinary approach to legal education that the five year law schools promised; and discussions with a few people who studied/were studying law that convinced me to pursue it.

    The motivation is intact today (though the focus is on fewer issues!). In fact, the interest is much stronger since I have grown to know how the study and the practice of law, through litigation, policy and academia, help in dealing with a variety of problems plaguing the society.

     

    You have won the Trilok Chand Mangilal Sancheti Gold Medal. Surely a lot of effort must have gone into coming first in BA.LL.B (Hons.). Please provide us with some actionable tips on how to get good grades.

    To be honest, to top the class was never a primary motivation and the effort was never directed towards that. I really enjoyed what I did and, possibly, that was the reason I put in effort in making projects, working on court room exercises, and making assignments/presentations. There were also moments where I did not sit for tests, missed classes (and consequently lost marks that used to be allocated for classroom attendance in the first few semesters at law school) to work on things/participate in events that I enjoyed! Though it did cost me a few grades, I don’t regret it. I just feel it’s best to put in effort and explore the things that we enjoy – the results will automatically follow!

     

    How did you keep your law school life exciting? Share some memories with us.

    Luckily, I was involved with a lot of things in law school and never really sensed the monotony some of us complained about. Besides dealing with regular tests and assessments, extra-curricular activities like mooting (both as a participant and as an advisor), debating kept me busy. From my first year, I was involved with college committees and editorial boards which also kept me occupied. With time, the responsibilities in these committees also increased! I also found myself actively involved in the organisation of intra university sports fest, literary fest, and cultural fest and moot court competitions at the University. There were also a couple of initiatives by some of us – some of which I had to discontinue my association with because of the time crunch! Basketball was an excellent source of recreation – especially in my fifth year! I also enjoyed taking part in the regular cultural, literary, sports events organised in college.

     

    You have participated in moot competitions as a participant, advisor and even as a judge. How do you feel a student should go about a moot in order to reap the maximum benefit from it?

    From the time I had been introduced to moot courts, I found it to be an excellent learning experience. Not only does it help one in getting a good grasp over the area of law on which the moot proposition focuses but it also helps one develop researching, drafting and advocacy skills. It won’t be incorrect to say that being a participant at moot court competitions was probably the most rewarding experience! It is perhaps the things that I picked on the way as the participant – through my experience or the wisdom of others – that helped me serve as an advisor or judge moots now! Even as an advisor or a judge I continue to feel the same about moot court competitions and still find it to be a learning experience for me!

    As to how students should go about moots – I am not sure if I am in a position to suggest anything but I always felt that one should take up a competition if they are really keen on mooting. It is definitely not something that has to be mandatorily done in law school. However, if one picks it up – it is essential that one takes it up with all sincerity and gives the proposition the due time it demands – for research, drafting and oral practise. By my experience, I also feel that having someone to guide you in the area of law, drafting and for the oral rounds also helps a lot.

    I also did a bit of debating and played a bit of basketball.

     

    As an undergraduate student, you have done a variety of internships. Did these happen by chance or did you consciously choose to pursue such internships?

    No, all of the places were consciously chosen. However the guidelines of the placement cell (i.e. to work with X institution at the end of Y semester) was kept in mind. HRLN was an obvious choice when I was looking for NGO options to work around home at the end of the first semester. The internship here introduced me to the MGNREGA. The legislation sparked a lot of interest in me and was the reason that I participated in the said survey under the supervision of Professor Jean Drèze and Dr. Reetika Khera.

    At the end of my third semester, I was keen on working with an advocate practising in appellate courts and ended up working with Mr. Prashanto Sen in New Delhi. The choice of a relatively small office was again a conscious one – it helped me get exposed to a variety of matters and be directly involved at every step. Despite my age back then, the internship helped me gain a great familiarity with the work of a practising lawyer.

    I was also keen on working with a judge at an appellate court and hence the clerkship. Since I stay in Allahabad, the working of the Allahabad High Court was also something I wanted to see.

     

    You had worked as a Student Teaching Assistant and later with Professor Jean Drèze. These were definitely a bit unconventional. How did your experiences at these places help with your skill development and shaping you as a person?

    I was always very keen about teaching and have given it very serious thought as a long term career option. In fact, the revival of the Student Teaching Assistant Programme in college was with the efforts of some of us. I really enjoyed the experience of teaching public international law to my juniors. This also helped me realise some of the challenges one can face as a teacher in a law school like mine!

    Working with Professor Jean Drèze again was very rewarding. Post my internship with HRLN, I had developed an interest in the Right to Food Movement. After law school when I got the chance to work on a study related to Pubic Distribution System (of food grains), I readily took it up. This involved a field study on the drawing up and the management of BPL lists used for distribution and also focused on the problem of the leakage of grains. This greatly helped me understand some of the problems at the ground level; and the reach, working and the shortcomings of PDS in dealing with hunger. This is one area that I really wish to continue working on!

     

    When and how did you decide to pursue higher studies?

    I was very keen about pursuing higher studies right from the beginning of law school. I had heard that it opens more avenues – which I later found to be true. Like most people, I was also attracted to the prospects of studying in some of the dream institutions! However, it was only by the end of my third year that I gave it a very serious thought. By then, I had a discovered my inclination for public international law and some areas of public law; I also had some sense of what I wanted to do in life (academics, policy, diplomacy, politics and developmental work). These factors necessarily led me to consider higher studies. By this time, I also had an idea about which institutions were reputed for the courses I was eyeing.

     

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    What was your motivation behind pursuing BCL? Would you say the purpose was well served?

    As I pointed earlier, I was very keen on developing stronger foundations in the areas of law that interested me. Oxford was definitely one of the places high on my list considering the extensive focus BCL offers in the four courses one chooses to study through the year. This was a great motivation and I was very happy to have studied courses like equality law, international law and armed conflict in such detail. Also, as I mentioned earlier, I was looking at postgraduate course with the hope that it would openavenues that were not open or visible to me otherwise. This purpose was also duly served as I do not think it was possible to know of/get internships at the ICC or the PCHR without Oxford. In fact, grants/awards by Oxford Law Faculty also helped/are helping in funding these internships.

     

    Many law students would want to pursue higher studies from abroad. What would be your suggestions to them?

    If one is interested, I feel it’s good to start considering the LL.M. option at the start of the penultimate year of law school and also take a call if one wishes to apply in the final year (or subsequently). A good way is to talk to seniors who are pursuing/have pursued higher studies abroad and read about the Universities one wishes to apply to. This gives a good understanding about i) the law school – renowned faculty and courses, prospects pursuant to an LL.M from a particular University; ii) what the selection entails and how should one go about the specific application for a particular University; iii) any specific requirements like TOEFEL etc.;  iv) and even scholarship opportunities.

    As for what it takes to get in – it’s difficult to give suggestions! Every LL.M. candidate I met had different experiences and approach towards the application. Perhaps the connecting factor would be a good academic background! Speaking for myself – besides maintaining decent grades, I put in effort in doing all the things I enjoyed all through law school.  I tried to reflect the same through my application. I guess, broadly, every person tries to do the same.

     

    Does Oxford provide students with scholarships? Are there any other institutions which provide scholarships?

    Oxford offers a couple of scholarships – some are offered by the University, some by the Law Faculty and some by the Colleges at Oxford. A list of such scholarships is available on the website of the law faculty (click here).

    Besides the ones by Oxford there are a few other funding avenues. The popular ones like Rhodes, Felix, Inlaks and Commonwealth are known to all. There are a few less known options which give partial scholarships/ soft loans which one should also explore. These include – KC Mahindra Scholarships for Postgraduate Studies Abroad, Aga Khan Foundation Scholarship, Narotam Sekhsaria Scholarship, Oxford and Cambridge Society of India Scholarship. One must research more on these funding avenues – especially the smaller ones!

     

    Did you undergo a rigorous academic schedule? How was that different from your under-graduate course?

    Yes, BCL was very demanding. Unlike most classes during my under-graduate course, one had to necessarily prepare for the classes which involved completing a reading list assigned for the said class/seminar. It is difficult to appreciate, and at times follow the discussions in the class hours if one does not complete one’s readings (thus making the limited amount of class hours futile). Besides the regular preparation for the seminars, we also had tutorials spread through the three terms. These were sessions beyond the regular class hours where students discussed their essays/ specific topics with their tutors and a small group of students who had also taken the course. Though it was difficult to work on these tutorials along with the regular readings for class, these tutorials were academically rewarding. Also, unlike law schools back home, Oxford grades depend solely on an end-of-the-year, closed-book examination which makes the preparation for it quite rigorous. In fact, I never felt that there was a concept of a break – as one is busy with reading during both term breaks!

     

    Oxford is well renowned for its brilliant faculty. How was your experience with the faculty?

    One of the primary motivations to study at an institution like Oxford was to get the chance to interact, and even brainstorm with some of the most renowned scholars in the areas you are studying. Besides the interaction in classes, I greatly benefitted from the one-on-one interactions during tutorials, or the feedback received on my work from my teachers like Dr Dapo Akande, Prof. Sandra Fredman, Prof. John Gardner, Dr. Nicos Stavropoulos, Dr. Tarunabh Khaitan and Dr. Antonios Tzanakopoulos. It was also great to see how they received my ideas and encouraged me. Some of the faculty members had also helped me take some career decisions!

     

    How difficult was studying abroad in terms of finding accommodation, finances and settling in?

    Not to sound intimidating, but all three were indeed a bit difficult for me.

    I had not got College accommodation and was slightly apprehensive about finding a place in the beginning. Eventually, I did manage to find a great place offered by the University Accommodation Offices (the next best alternative to on-site college accommodation) before the start of the term, but it was slightly far off from the Law Faculty.

    Finances were another issue. Since I could not manage a full scholarship, I had to rely on a student loan.

    Settling in was not that big a problem as compared to the other two. However, it took me some time to adjust with the academic pressure, weather, lifestyle, and also to get used to cooking etc.

     

    What difference did you find in the pedagogy of Oxford relative to an NLU?

    There is a huge difference! As mentioned earlier, one was expected to read extensively for the seminars – which were more discussion oriented. At NLU the focus was more on class room lectures as opposed to discussions. However, I find the comparison a bit unfair. Though I have my reservations about the way legal education is administered in many Indian law schools, I feel the focus of undergraduate education is to develop an interest in law and should involve more lecturing and it’s not very wise to expect all students to read as much for classes as we were expected to at Oxford. A postgraduate course like BCL is designed on the premise that the candidates have an interest in the study of that area of law and aims towards developing an advanced understanding of the chosen area. That said, it would be nice if the reading component is given some focus which is largely absent in many law schools today.

     

    How do you think the BCL programme will help you in your career?

    It is difficult to predict how it will help me in my career! I can just say that I feel that I have developed a stronger foundation in some of the areas that interest me and will definitely help me if I am to pursue a career that involves an understanding and application of these areas. BCL has also helped in developing my analytical and writing skills – something that will be useful in whatever I choose to pursue. Besides academic foundations, I also feel that Oxford has made visible, and, in situations, accessible, options that were not visible/accessible otherwise – be it international firms or international courts and originations. For example, it would not have been possible to get an internship at the Trial Chambers ICC without BCL, where I had taken up specific courses on dispute settlement and armed conflict.

     

    There has been a recent trend amongst Indian law graduates to pursue higher education abroad. Why do you think this is happening?

    Another tough one! There could be multiple motivations. However, I feel that to some extent it’s a result of the exposure that students get these days. A few years back, pursuing LL.M was not really a well-known/advertised option. With more people opting for it, a lot many get exposed to the prospects of an LL.M, and now think of it as another feasible option after their undergraduate studies. Also, the breaking of the myth that an LL.M. is necessarily for those who wish to pursue academics has led many to aim towards specialisation in their practise areas. Many of my friends intend to take up higher studies for this very reason. Some are also interested in exploring opportunities abroad.

     

    You have recently completed a clerkship at the International Criminal Court, Hague. How did you get it and what prompted you towards it? How was the experience?

    I had applied for this clerkship while I was at Oxford. Desirous of building a career in international dispute resolution, I was looking at some international courts/tribunals back then. Besides the ICC, I had also applied for the ‘ICJ Traineeship Programme’ that is offered to graduates from of a select few universities around the globe (Oxford being one). However, I was unable to get the final offer despite making it to the final shortlist from Oxford. The other option was the ICC. Having taken up a course on International Law and Armed Conflict at Oxford, I was especially keen on working there.

    For the same, I had to make an application which involved completing the application form available on their website. I was also required to send a sample of my written work, a statement of purpose, a copy of my resumé and arrange for two referees who had to send their recommendation letters. This was followed by an interview by the Judge who I eventually worked with.

    I really enjoyed my stay at the ICC. I worked with Judge Eboe-Osuji (Trial Chambers) and the set of legal officers assisting him. While I was at the Court, I assisted the Judge in drafting a number of decisions and separate opinions; prepared memorandums; assisted in the preparation of witness summaries; and helped the judges and the legal officers in other trial procedures. Besides the feedback on my work, I greatly benefitted from the discussions with my judge and the legal officers.

     

    You have recently taken a series of lectures at NLU, Jodhpur in the subjects of Jurisprudence and Constitutional Law. Can we say you may gravitate towards an academic career in the future?

    I am quite keen! As I mentioned earlier, I was always very keen about teaching and have given it very serious thought as one of the options I wish to pursue in future.

     

    You are joining the Palestinian Centre for Human Rights in Gaza. Tell us something about this.

    The Centre is a non-profit company, dedicated to protecting human rights, promoting the rule of law and upholding democratic principles in the Occupied Palestinian Territory. It also supports all the efforts aimed at enabling the Palestinian people to exercise its right of self-determination.

    I am expected to be assigned to the International Unit at PCHR which has experts on international law, fundraising and advocacy. The Unit supports other Units of the PCHR in carrying out their work as well as producing reports, position papers and press releases.  Staff in the Unit are often involved in conducting field-visits as part of their advocacy programme or field-research as part of the research programme, and are involved in building relationships between Palestinian, Israeli and international NGOs who work on human rights issues.  The International Unit also produces interventions to international bodies – including the UN. Interns are involved in all these tasks. Considering the small size of the organisation and my background, I am informed that I might also be involved with the work of the Legal Unit (composed of a team of lawyers who give free legal aid and counsel to individuals and groups, especially Palestinian prisoners in Israeli or PNA custody), Democratic Development Unit, Economic and Social Rights Unit and Women’s Unit.

    However, things are still in the pipeline. Though I have been offered the position, I am still waiting for all the clearances that are needed to enter Gaza. I hope things work out soon!

     

    What are your long term objectives? Where do you see yourself in 5 years’ time?

    It is very difficult to say whereI see myself in 5 year’s time! I am quite keen about pursuing a career in a number of areas and am not blocking any option at this stage. However, if I am to broadly categorise – there is a good chance that in the long run I will be associated with academics, policy making, diplomacy, politics, developmental work, international/domestic dispute settlement or even a combination of a few of these. A lot depends on the opportunities that come my way!

     

    What would be your message to law students who want to pursue a BCL from Oxford?

    There is not much that I can say to people who wish to go to Oxford! They probably know about the place and all that it has to offer. I suppose it is best for this motivation to stay alive (right till the application stage which can be pretty daunting!) while one continues doing whatever they enjoy doing, with all sincerity!

  • Medhavi Singh on winning Best Oralist at Leiden Sarin and LL.M. from NYU

    Medhavi Singh on winning Best Oralist at Leiden Sarin and LL.M. from NYU

    Medhavi Singh talks about her journey as a Law Student of National Law University, Delhi. She had been awarded the Best Individual Oralist at the Leiden Sarin Air & Space Law Moot Court Competition. She has recently been accepted for a Masters in International Business Regulation, Transnational Litigation and Arbitration at New York University.

    In this interview, she tells us about:

    • The essentials of mooting every Law Student should keep in mind
    • What goes into excelling an International Moot
    • The importance of an LL.M from a foreign University
    • The application process for an LL.M in the U.S.

     

    How would you like to introduce yourself to our readers? Tell us a bit about your childhood, your hometown and your pre-graduate life as well. What motivated you to choose law as a career?

    I am a student of Delhi Public School, RK Puram. Originally, I am from Patna City, Bihar but have been brought up in Delhi. It was in Grade 7 that I first came across abook written on the subject of law. It was “The Colour of Law” by Mark Gimenez. The protagonist of the book was so inspiring that when I finished reading the book, I immediately knew I had to become like him. Of course, I think differently now since his practice in the book was criminal, but yes, that was my first ever motivation to pursue law as a career. Having this in mind, I took up Humanities with Maths in class 11th and 12th. I knew that subjects such as History and Political Science are tested in the National Law School exams and thought that taking these subjects would definitely be advantageous, which they actually turned out to be! For example, taking up Political Science was extremely helpful in understanding the political system of India as well as the Constitution of India, which is an integral subject from the view point of the entrance examinations.

    None of my family members are lawyers and I didn’t even know anyone who was a lawyer at the time I had decided to take it up. Thankfully, my family gave both my sister and me enough freedom to decide what we wanted to do with our lives, so they were pretty content with my career-goal.

     

    How did you gravitate into mooting? When did you decide to take up mooting seriously as a law student?

    At the outset, I would like to say that there is probably nothing more fun than mooting when you’re in law school. It’s hard work, for sure but the excitement it brings to a person at law school is absolutely unparalleled. I’m not sure how I ‘gravitated’ into mooting but I guess it’s something that most of the people in law school try anyway! I liked it so much after my first try that I couldn’t stop even when I was in my fifth year! For me, mooting was always a serious activity. It was fun but only as long as the results were positive, for which you needed to be serious about your work.

    I got drawn towards mooting especially when my team reached the finals of the KK Luthra Moot Court Competition on International Criminal Law in 2011. I remember being extremely nervous about not making it to the next round right from the first round but thankfully, it worked out well for us. Arguing in front of distinguished judges, finding loopholes in settled law as well as arguing on and learning about contemporary issues with no settled law seemed extremely exciting!

     

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    You have been the Best individual Oralist at the prestigious Leiden Sarin Air & Space Law Moot Court Competition held in Romania in March this year. Please tell us about your overall experience there regarding the competitors, the judges and other ancillary things.

    This moot was the best experience possible. I had been attempting to go for this moot since the second year of college and for some reason or the other, I couldn’t go until my last year – either I didn’t make the cut or the moot wasn’t included in the list. But anyway, I finally managed to go!

    This moot was special to me because I was very fond of Aviation Law as a subject of law. It was a field of international law that was always on the ‘move’. I must commend the Leiden-Sarin Organisers on the judges that had been called for the moot. During the entire moot, not once was I asked to state the facts and the questions that were posed to my teammate and me were precise, to the point and relevant to the problem at hand. What was more exciting about this problem was that it was based on a topic which has not yet been resolved, which meant that there was scarcity of material on the topic, which in turn helped us to make innovative and new arguments, applying not only to Aviation Law but also to different facets of International Law.

     

    How much preparation did you require for this success? Did you burn the midnight oil to excel in this moot? How much dedication and hard work was necessary for to ace Leiden Sarin?

    I’m not going to make it sound easy because I don’t think that’s honestly possible. Preparing for this moot was insanely hard. NLU-Delhi has a policy that all students must remain on campus through the week, even if you are from Delhi and I was known to be the one going home all the time for some reason or the other. I can vouch that it was during the time that I was preparing for this moot that I stayed the longest on campus, that too in the December-January winters. So yes, it’ a lot of work, but I am not complaining. I actually enjoyed myself, minus the sleep deprivation!

     

    What would you say differentiates between the best oralists and the rest? What are the top three things you consider sine qua non for being a great oralist?

    I think the most important criterion for being a great oralist is to be able to read the judge and understand what they’re looking for. We all do our homework in the sense of learning pleadings, facts, authorities etc. but ultimately, it comes down to how you can satisfy the bench before you. A judge may or may not know the problem very well, so it’s extremely important to answer his/her questions in a satisfactory manner, otherwise you end up losing the rapport that you’ve built with him/her. So according to me, on the top it would be understanding what the judge is asking for – for example, either answering questions in a precise manner or a detailed manner-and delivering the same.

    Secondly, I would want to emphasise on the importance of using relevant and contemporary real-life examples to back your case. It’s extremely important to let the judges know that what you’re arguing is in fact being practised at that very moment. I think it creates a huge impact on them.

    Thirdly, it is undeniably important to focus on you mannerisms. When it comes to mooting, most people will have the same amount of knowledge as you do and the only edge that you’ll ever have is to be able to display that knowledge and deliver your arguments effectively and differently by enhancing your mannerisms.

    For the most time that I was practicing my pleadings for the Leiden-Sarin Moot, I was concentrating on speaking slower (owing to the fact that all the judges were going to be from a foreign land) and remaining composed while answering questions. The best way to remain composed is to think of the whole procedure to be a meaningful conversation between the judges and yourself and to not let yourself get intimated by them; you probably know more than them about the problem at hand if you’ve done your research well!

     

    What prompted you to apply for an LL.M. abroad? Does it help given the career you have chosen? Why didn’t you opt for an LL.M. from India given that now we have 1 year LL.M as well?

    I experienced dispute resolution on an international scale for the first time at the Global Young Leadership Conference held in the US, where I was selected to represent India. Here, I was exposed to the tactful methods of negotiation rendered by people in addressing world issues. To further delve into the realm of international dispute resolution, I took part in Model United Nations, representing different States in various committees. I believe both these events formed the initial basis of my interest in dispute resolution on an International scale.I was drawn to International Law right from the beginning when I took part in the KK Luthra moot and ultimately by the fourth year narrowed down my liking to transnational litigation and international arbitration.

    The reason why I applied to foreign universities as opposed to an Indian one is definitely the courses that were being offered by the foreign universities as opposed to the one that were being offered in India. NYU was one University that offered a course on International Business Regulation, Transnational Litigation and Arbitration. I was excited to apply for this course because it befitted my aspirations perfectly and I wasn’t getting such an option anywhere else.

     

    You have got through to an LL.M. programme at the New York University. What do you think clicked in your favour during the selection process? How did you plan your Statement of Purpose for NYU?

    I think what worked for me was the clear picture that I had in my head with respect to what subjects I wanted to study as well as what benefit I would derive out of studying those subjects and how I would be able to apply the knowledge acquired by studying those subjects to fulfill my career-goals. My SoP had clear indications of what inspired me to choose this field, how I have already started worked in this field by means of internships, research papers etc. and how studying it would help me achieve my future plans.

    I know for a lot of people, LL.Ms are just ‘further studies’ but I think it’s much beyond that. I know it’s not a pre-requisite for any activity that you would want to undertake after law school but I feel that sometimes, it is quintessential to get expertise in niche areas, especially when you want to specialise in the same.

    Building up on your profile from the view point of an LL.M is essentially maintaining excellent grades through law school. The competition can get to you sometimes but it’s not impossible. Other activities could include mooting, debating, writing papers and even being members of relevant groups at your law school.

     

    For an LL.M you needed to have a student VISA. What are the requirements for a successful VISA application? As a lot depends on the VISA application did you prepare for the interview?

    The Visa application is a long drawn one month procedure. I can answer this question for the US Universities since that’s the procedure I am privy to. You need to first apply for your I-20, for which your University will provide you with details. The US University would then send you a hard copy of your I-20 which you must keep extremely carefully. After having done that, you must pay a fees online called the SEVIS fees and must keep multiple receipts of the same. Then you have to fill out the DS-160 form and make the visa application fees in cash to the specified banks (Axis or PNB). At the bank, they would generate a number for you which you have to use to schedule an appointment with the US Embassy. Once you have received your I-20 and paid the SEVIS fees, the visa application becomes easy and there’s not much you can do. My interview was a one line question where I was asked why I was going to NYU and which subjects I was specialising in. I was asked to pick my passport up with the visa the very next day! So no, not much preparation is required for the interview. But it’s always safe to carry all the documents with you just in case you’re asked for them.

     

    What would be your message to law students who look forward to an illustrious law school life?

    I would say it’s about maintaining excellent grades in law school and having a clear picture about what you want to study and why. It’s important to ask yourself these questions to be able to figure out whether you really want it or not. Apart from this, I would recommend all of you to have at least three teachers in mind, who have credibility and are somewhat renowned in their respective fields, who would be willing to help you out with your letters of recommendation. These letters have a huge influence on your application and must not be taken lightly! The whole application procedure seems daunting and you could feel lazy at times but trust me, in the end, it’s definitely worth it!

     

  • Divya Chawla, LL.M. candidate, University of Pennsylvania, on joining Linklaters and her internship experience

    Divya Chawla, LL.M. candidate, University of Pennsylvania, on joining Linklaters and her internship experience

    divya-chawla2Divya Chawla graduated from NLU Delhi, batch of 2014. She has just been accepted to the University of Pennsylvania. And soon after completing her LL.M. she shall be inducted into Linklaters, London.

    We took this opportunity to ask her about:

    • The process of application for LL.M. to an Ivy League University
    • Planning a successful Statement of Purpose for LL.M.
    • Internship and job offer from Linklaters

     

    What motivated you to choose law?

    It took me a long time to decide what I really wanted to do, so much so that to buy time I joined Delhi University after Class XII. I studied Political Science Hon. at Jesus and Mary College for a year during which the idea of studying law grew on me gradually. While there were no lawyers in the family, it really helped that my elder brother was studying law at that time. I was able to make a first-hand comparison between the prospects and scope of a traditional graduate degree and a professional degree. In retrospect, the gap year really helped me identify what I wanted to do and I was glad I didn’t rush into something immediately after Class XII.

     

    Please share some of the memorable experiences of your college life.

    The exciting aspect of being part of a fairly young institution is that one gets the opportunity to be a part of many ‘firsts’ of the University. I had the opportunity to be a part of the editorial board for the first edition of the NLUD Student’s Law Journal. Subsequently, as a member of the RCC, even the recruitment process had to be envisaged and managed from a fairly rough foundation. While the lack of guidance can be daunting, such experiences strengthen character and enhance leadership ability.

    Further, in terms of co-curricular activities I was lucky to be a part of the team representing the University at our first ADR competition endeavour, the Brown-Mosten International Client Counselling Competition in 2011. Mooting was also strongly encouraged right from the start and this helped me improve my research and oratory skills immensely through college.

     

    What triggered your interest in Arbitration and ADR?

    My initial interest in ADR competitions developed from the unique format. Participation in ADR competitions helps build valuable skills such as strategising, negotiation and problem-solving.  Moreover, these skills are relevant to any path you choose after graduating and are not confined to the career of a negotiator or mediator.

     

    How did you secure an internship at the Planning Commission of India and World Bank?

    The Planning Commission and the World Bank regularly list internship opportunities on their respective websites. While the Planning Commission internship is a standard program structured over a month, internship opportunities at the World Bank are on a more ad-hoc basis. Both the internships involved working on a research project under a supervisor.

    These internships helped me look at commercial issues from different stand-points. At the Planning Commission I worked on legal issues faced by the Government in airport modernization through public-private partnerships, while at the World Bank I got to analyze an industry perspective on the regulation of the microfinance sector. So this helped me understand different facets of commercial undertakings/projects.

     

    How does an Indian student get an internship in London?

    International firms such as Linklaters, organize a vacation scheme program each year for penultimate year law students, which is essentially a three week internship at the firm’s London office. As part of this program, the firm focuses on selecting a certain number of students from Indian universities. It is an exciting opportunity but the selection process is quite rigorous and competition is fierce. I think the key to be a successful applicant is to show genuine interest in commercial law and a commitment to the idea of working at an international firm. Relevant internships would demonstrate exposure to the practical side of commercial law. It would also help to highlight any publications relating to commercial issues or an elective/ short-course/ certificate program taken up. This reflects a sincere attempt at developing one’s understanding of the field. Awareness of international deals and business events and an enthusiasm to get involved in cross-border matters helps fortify the commitment towards working at an international law firm.

     

    How did your internship transform into a job offer?

    At the end of the vacation scheme, the opportunity to interview with a Partner for a training contract is automatically offered. This interview is based on an assignment that is prepared individually during the scheme and involves identifying legal and commercial issues in an international business deal.

    In a nutshell, the scheme provides the opportunity to intern in two different practice areas under an experienced Principal, and also affords a great learning experience through a range of professional development sessions. These sessions are designed to provide a broad understanding of the Firm’s global business strategy and practice areas, as well as the chance to develop skills like mediation and pitching to a client. For me, the best part of the program was when as an intern in the Banking team I got the opportunity to visit Lehman Brothers’ Canary Wharf office and get involved in the insolvency administration.

     

    What prompted you to apply for an LL.M. abroad?

    The prospect of being able to get an in-depth knowledge of subjects that I was interested in prompted me to apply for a Master’s Degree. Moreover, the Masters program can be structured to suit career goals, like a number of Universities provide a choice between practical skill-intensive courses and research-oriented courses. Some Universities are particularly good for undertaking cross-disciplinary study like NYU, University of Pennsylvania and Northwestern University. So it is basically a year of study focused on subjects that one is keen to pursue further professionally and at the same time there is the fabulous experience of being taught by distinguished professors in a multi-cultural environment.

    Further, an LL.M. provides the opportunity to gain more knowledge of the international market, thus adding a global outlook to one’s perspective. Since I am looking at working in an international legal environment I decided that opting for an LL.M abroad would be more suitable in terms of my career goals.

     

    What do you think were some of the contributing factors that helped you get into UPenn?

    From my experience with the admissions process I believe US schools are not purely focused on a student’s rank or GPA. It is a more comprehensive selection process which seeks not just ‘intellectual potential’ but also something that sets a candidate apart like volunteer work, leadership experience or professional accomplishments. Despite the obvious upside to this approach, this does bring in a huge amount of subjectivity into the process which makes it all the more difficult to espouse a formula for getting through an Ivy League School.

    It certainly helps to be an all-rounder with achievements across a range of academic subjects and extracurricular pursuits. This is viewed as a definite indicator of future success which to the admissions board is important to assess your value as an alumnus of their University. However, if one falls short of being an all-rounder there’s no need to lose hope! Showing extraordinary caliber in a specific area of interest that has been consistently pursued coupled with a definite future course of action would also make a strong application.

     

    What other courses and universities did you apply for?

    I applied for the BCL at Oxford and the LL.M at University of Pennsylvania, Harvard, NYU, and Cambridge. An obvious parameter for choosing a University is the brand name, because resume enhancement is a huge plus. On a more subjective front, it’s a good idea to identify what feature of a particular University or program ties in with your career goals, not only for the purpose of making a choice but also to highlight that your application is not a generic submission made to all Universities, but has in fact been carefully thought through.

    Personally, I believe it’s a better idea to opt for a school depending on its ranking in your intended subject area rather than a general ranking. I opted for Penn Law because it has a strong reputation for corporate law which I was interested in studying further. It also has a great cross-disciplinary program for LL.M students called the Wharton Business and Law Certificate (WBLC). Wharton is UPenn’s business school and is ranked as one of the finest. The WBLC offers law students the opportunity to learn about fundamental business, financial and management concepts in a legal context.

     

    How did you plan your Statement of Purpose?

    How a SOP is planned differs depending on the University. While some schools require that applicants address specific questions in the SOP, others follow a more general and open-ended theme. Typically, it should cover the applicant’s background; academic and professional interests, a persuasive reason for choosing the University and program of study and lastly how this choice ties in with career goals and ambitions. This means being concise is key, because information about your past, present and future must be condensed into a limited word count and must make for a compelling read. So be prepared for endless drafting and editing! Also, a conclusive future course of action that ties in with the applicant’s past and present experiences, and envisions a positive impact in a specific field (could be law, politics, business, the social sector, etc.) shows determination and passion.

    Broadly, my SOP was focused on how my background shaped my ambitions, my experience in commercial law through academics and internships, and how the LL.M. would prepare me for an important role in a trans-national legal environment.

    I’m looking forward to getting a sense of the US legal system and particularly look forward to taking up courses at Wharton during the LL.M. I expect there to be a substantial value addition to my academic credentials and a smoother transition from being a student to working in an international law firm. Finally, I’m excited about being part of a culturally diverse class and hope to build strong relations through the course.

     

    Which are the scholarships one can apply for at UPenn?

    Penn law is certainly on the expensive side as there aren’t too many options for obtaining financial aid. Applicants belonging to a few specified countries (including India) are automatically considered for financial assistance on a merit basis. There are a few such scholarships but the exact number that is awarded is discretionary and financial need is not a criterion in arriving at a decision. Further, only a part of the total cost incurred towards the LL.M is covered. However, if you are focused on human rights issues there is a dedicated human rights scholarship.

    In addition, in India there are some foundations which accept applications for education-related travel grants, like the Sir Dorabji Tata Trust. Such grants typically cover the cost of travel, insurance and visa fee. Another option is to apply for an interest free loan from the Narotam Sheksarai Foundation which selects awardees based on merit.

     

    Lastly, what would be your message to all the law students who aspire to work in one of the Magic Circle firms?

    From a technical point of view, I think the most important skill to work on consistently is commercial awareness, preferably of the international market. Equally important is sharpening professional communication ability and social skills.

  • Chitrrangada Singh, Legal Assistant, Appeals Chamber of International Criminal Tribunal, on LL.M. from UC Berkeley and practice at The Hague

    Chitrrangada Singh, Legal Assistant, Appeals Chamber of International Criminal Tribunal, on LL.M. from UC Berkeley and practice at The Hague

    chitrrangadaChitrrangada graduated from University Institute of Legal Studies, Panjab University in 2010. She took a certificate course in Arbitration and Mediation from the WIPO Academy and thereafter in 2011 she went on to pursue her LL.M. from University of California, Berkeley.

    Chitrrangada is working as a legal assistant in a defense team at the Appeals Chamber of International Criminal Tribunal for the former Yugoslavia. Her job entails researching for and defending people who are indicted of international crimes. She has also worked in various high level and landmark cases at The Hague.

    In this interview we asked her about:

    • Studying at UC, Berkeley
    • Interning and practicing at the Appeals Chamber of International Criminal Tribunal (Yugoslavia)
    • Working in landmark cases and representing people indicted of international crimes

     

    How will you introduce yourself to our readers?

    Hi, I’m Chitrrangada. I’m a lawyer from India. After getting my license to practice at the Punjab & Haryana High Court, Chandigarh, I successfully completed my LL.M. at University of California, Berkeley. Since then, I’ve been working and living in The Hague for the past three years.

     

    Did you ever feel that not being from an NLU was a disadvantage?

    I graduated from the University Institute of Legal Studies at Panjab University in 2010. Itwas, at the time, the newly established institute setup by the university to offer a five-year B.A. LL.B degree. The faculty and administration, under the leadership of Prof. Dr. R.S. Grewal, was different from the three-year graduate degree in Law offered by the Department of Laws. The batch that I was a part of was the second batch to have graduated from this institute. At the time, we could not boast of a well-connected career placement programme. This experience would resonate with most newly established law schools in India and not just non-NLU schools.

    Further, as I did not graduate from a National Law University, it would be unfair for me to make assumptions about the experiences of an NLU graduate. However, I would say that I did find myself somewhat disadvantaged when it came to opportunities in commercial firms.

    Nevertheless, it would also be too simplistic to say that there is a bias against non-NLU students when it comes to professional opportunities. In retrospect, I think that the avenues, which each of them offers, are different. Therefore, what one can make out of the experience is also different. While the lack of facilities and the bureaucratic hurdles in state universities can threaten one’s chances, strangely, they also make you resourceful, resilient, and patient.

    I believe that, having lived and worked in Chandigarh both at the district court level and at the High Court within a Chamber, helped me immensely during my assignment as an intern and legal assistant at ICTY defence. I was able to integrate faster within the daily court functioning and minimize the adjustment period greatly. More importantly, I was able to observe and learn from seasoned criminal law professors at university and work closely with trial lawyers at the district court level over a period of two years. This gave me invaluable experience, which I was able to obtain by virtue of being at Panjab University.

    My law school experience varied a lot because of the subjects that were being taught each semester and the kind of projects I had aligned myself with every year. I was a mooter and that always kept things interesting. On an average, I was able to fit in a moot and a half per year in my schedule.

    A large part of one’s experience at the university level is determined by the expectations one has of oneself and their career – and then to make the best out of the opportunities available. For me, while it was tempting to work in a high profile commercial law firm in India, I knew that I would miss the daily rush of being in court and working on criminal law cases. I worked from that bottom-line, upwards.

    The institute faced a lot of logistical challenges on account of being newly established. However, overall, I would say that it was a positive experience.

    In conclusion, I think the nature of the law school, in and by itself, cannot change much of your career path if you are aware of what your bottom line is.

     

    How did tge certificate course from WIPO help your career?

    I took a certificate course from the online WIPO Academy on Arbitration and Mediation Procedure under WIPO Rules under their Distance Learning Program. This program offers different courses on topics related to Intellectual Property over one year and most of them are free of charge. The courses being offered currently are available online here while the full list of the courses offered by this academy can be found here. This course had a fee but it was subsidised for students from developing countries. The course required a good knowledge of the fundamentals of IP law and I had already taken their General Course on IP.

    Reading this course was quite fun actually. It covered three aspects:

    • main features and advantages of the procedures designed by WIPO Arbitration and Mediation Center;
    • selection of an appropriate means of dispute resolution; and
    • drafting appropriate dispute resolution clauses for the purposes of a formal agreement.

    I liked how it focused on the procedural aspects of IP dispute resolution. However, what I liked best about this course was that it helped me look at dispute resolution further in a better way. The course material covered the basics comprehensively and was quite interesting to read. I would recommend taking this course if you’re at all interested in exploring this area of law.

     

    How did you decide to pursue an LL.M.?

    Having a Master’s degree is almost a requirement for one to entertain the idea of a career in international law. Therefore, I’m glad that I was able to conclude that step at the first given opportunity before seriously building my professional experience around that goal. However, I do think that having some amount of professional experience before beginning the LL.M. helps one make more informed choices about how best to maximize on the one (or two) year(s) of study.

    Further, successfully completing an LL.M. was important for me personally to understand whether or not a life lived abroad was for me. Even though it was at a big financial cost, I think that my experience at Berkeley was instrumental in shaping my life and career for the long term. I would have had a different opinion, had I decided to go back and work in India.

    I had applied for admission into LL.M. in my final year of law school. I did not have vast amounts of practical experience as an advocate to boast of except for numerous mooting stints and internships as a student.I had planned the application in a way that would allow for the examiners to know about me as a person as much as possible. I used my application to show that I had made the best of my situation and would do the same with the opportunities available at Berkeley.

     

    How different has Berkeley been when compared to your graduating university?

    Both the universities were unique in their own respect, especially in how they shaped me as a professional. In retrospect, I am grateful for the experiences in each of these universities, as they were big stepping stones in how my career developed. Berkeley was different from Panjab University in a lot of ways. What I appreciated the most was the flexibility in planning one’s own curriculum. During the one year of the master’s programme, I was able to pursue both thesis and course track, along with the asylum law clinic, and take courses ranging from foreign investment law to mediation etc. to humanitarian law. This was quite beneficial to me as an entry-level professional; I was able to expand on my substantive learning and build upon my research and writing skills, while graining practical experience in dealing with clients, especially those that don’t speak your language.

     

    Anything memorable that is stuck in your mind?

    The year at Berkeley was quite memorable and it is difficult to isolate one experience out of the many. The course on International Business Transactions taught by Professor Buxbaum was a delight. The majority of the students in that class were LL.M. students who, apart from the class discussions and readings, were given specific problems to discuss. Personally, I found it quite exciting to observe the various ways and means of problem-solving from the perspective of 20-30 lawyers from around the world. Before this, I was wary of the differences but not of the manner in which they operate in terms of how a problem should be approached, researched, and solved as well as how the solution must be offered and expressed to the client. Not only was this class testing you on the laws governing international transactions in business, it was also preparing us to handle the geographical and cultural sensitivities in the legal profession. I thought that was great!

     

    How did you apply for an internship to the Appeals Chamber of International Criminal Tribunal for the former Yugoslavia?

    A fellow student from Boalt Hall had successfully completed a six months internship at the ICTY. I spoke with him about his experiences and the life in The Hague. After that, I decided to apply for an internship as well. The online application system on the ICTY website is fairly simple. I applied during my first semester of the LL.M. almost one year in advance of the starting date of the internship. This also gave me time and space to look for other opportunities during the LL.M. career fairs. When I got an offer for an internship at the ICTY, I also had an offer to intern in Los Angeles where I would work on community mediation projects and an offer to stay in Berkeley in pursuance of the J.S.D. degree. I was not able to obtain financial grant for the L.A. internship as well as the J.S.D., so I decided to defer my admission to the J.S.D. and take up ICTY.

    While in The Hague, I was constantly exploring funding options and was able to obtain a grant from Sir Richard May Trust to cover my living costs for the duration of my internship. This went a long way in being able to extend my stay and look for further opportunities.

    As an intern for the drafting team in the case of Prosecutor v. Lukic and Lukic, this was my first experience in a truly international working environment (Case Information Sheet, available here). I had a wonderful team to work in and everyone was very encouraging and supportive. I learnt a lot at this stage about the laborious process of judgement-writing in the appellate stage. Most importantly, I learnt that as a lawyer, one can never underestimate the significance of a carefully thought-out format. I worked on the preparations for the appeal hearing, including the deliberations between the judges.

     

    You also worked as a Pro-bono Legal Assistant, Defence, Trial Chambers at ICTY. How did you get this opportunity?

    I was recommended for this opportunity by my work supervisor at my internship in the ICTY Appeals Chamber. I applied right away and was selected for an interview. I was interviewed by a Senior Legal Assistant of the defence team. After having received an offer, I was able to start right after concluding my internship. I remember being quite excited about this opportunity. Criminal defence work at the international tribunals is quite hands-on and there is a lot of scope for learning and growth.

    My work included substantive tasks like writing research memos on specific questions of international criminal law, statute of the ICTY, Rules of Procedure and Evidence; reviewing submissions to be filed before the Trial Chamber, as well as case management tasks like organisation of evidence and providing technical and research support to the Case Manager and the counsels during court hearings.

     

    You are currently working at the ICTY as a part of the defence team. How is the work environment? Who are you representing? How did you start working on this case?

    I am part of the defence team representing Jovica Stanišic in the case of Prosecutor v. Stanišic and Simatovic under Counsel Wayne Jordash and Co-Counsel Scott Martin (Case Information Sheet, available here). Mr. Stanišic was the head of the State Security Service within the Serbian Ministry of Internal Affairs during the regime of Slobodan Miloševic. I started working on this case in February 2012 when I was taken up as a Pro-Bono Legal Assistant in their team. I was hired as Legal Assistant four months afterwards.

    In terms of the work, there was a steep learning curve in the beginning as this case covers very complicated aspects of the five-year conflict. However, I was lucky to have found myself in a team that was very dedicated, motivating, and good-humoured. They came through well together even during the most work-intensive and stressful times during the case. There is not one member of the team, who I have not learnt a lot from.

     

    You also worked as a junior associate at Global Rights Compliance. What do they do? What was your job as a junior associate?

    Global Rights Compliance, LLP provides international advisory services to business and government, including those operating in conflict-affected and other high-risk areas of the world, to identify, prevent, and mitigate adverse human rights impacts. Details of their recent projects can be found here. They are one of the very few pioneer firms that provide specialised services in international human rights law and responsible business practices, including public international law, international criminal law, and international trade and development.

    My job as a Junior Associate involved conducting intensive research and drafting memoranda on international human rights law and regional treaties, UN Guiding Principles on Business and Human Rights, and complaint mechanisms under the OECD Guidelines for Multi-National Enterprises. I also assisted in preparation of training material on business and human rights and conducting country-specific due diligence on their human rights record and compliance with international human rights standards.

    Earlier this year, I was also able to assist in the two short-term intensive training courses that were undertaken by Global Rights Compliance at NALSAR, Hyderabad on Business and Human Rights and International Criminal Law.

     

    What is it like working to defend persons indicted of war crimes and crimes against humanity?

    The work of the prosecution is complex, painstaking, and rigourous at any given situation. However, it is still incomplete without a well-functioning defence.

    The criminal justice system is based on respect for human rights, among them being the right to a fair trial. To limit criminal justice solely to a severe contest between the prosecution and the defence and/or the victim and the accused amounts to undermining its objectives. Its objective is to aid the restoration of the imbalance caused by violation of human rights by ascertaining and affixing guilt under law. That restoration can not happen at the cost of the human rights of the accused.

    It is honourable to be working towards assuring that a person, irrespective of their charge, is able to access his right to a criminal defence. Contrary to what is sometimes assumed in respect of the ethical issues relating to this aspect of legal work, I find this work quite meaningful and fulfilling. I don’t see criminal defence as more perverse (or hallowed for that matter) than any other job description in the legal field. It is an exciting,albeit delicate, job and it deserves to be done to anyone’s best of abilities.

     

    Lastly what would be your message to all the law students who aspire to work at the International Criminal Tribunal?

    I don’t have anything new to say because there is no generic formula for this. In my case, I sometimes feel like I’m making it up as I go along. But there is no right way of doing it. I would, however, advise not to shy away from applying to opportunities that you think you’re suitable for.

    For a long-term career, you will almost definitely require a master’s degree. However, if you’re determined and hardworking, you will get there; to make life easier, it’s best to choose an LL.M. program that can provide you that opportunity. It is important to be mentally prepared to invest a good amount of time and energy in the initial few years; it can be quite a struggle.

    Few of the internships are paid, for example, sometimes the Special Tribunal for Lebanon and the Extraordinary Chambers in the Courts of Cambodia offer stipends. However, most of the internships are unpaid but it’s possible to obtain grants for the entire duration or part of the internship.After my grant dried out and before a job came about, I was babysitting and dog-sitting after work as well.

    I also know of some very determined people who have worked an extra job while interning in order to fund their stay.Lastly, it’s helpful to learn French and to be able to use it fluently. More obviously, it’s very important to like the work and to be committed to it, especially working in criminal law. And once you’re there, you should continue working on yourself.

  • Manan Bhatt, Advocate, on studying in Westminster University, his internship experience, and litigation

    Manan Bhatt, Advocate, on studying in Westminster University, his internship experience, and litigation

    Camera 360

    Manan Bhatt graduated from Maharaja Sayajirao University of Baroda in 2010. Thereafter he went for an LL.M. in International Commercial Law to University of Westminster. He practises as a litigator and is registered as an Advocate. He also had the opportunity to judge the 10th Willem C Vis Arbitration Moot.

    In this interview he talks to us about:

    • Days at MSU and differences between MSU and Westminster
    • Comparison between an Indian LL.M. and an LL.M from the UK
    • LL.M. experience, faculty, facilities and overall academics from Westminster University.

     

    How would you like to introduce yourself to our readers?

    Hello, you are reading an interview of a person who is experiencing the field of law since 2005 and actively learning the Law since 2010. I did my undergraduate in Law (B.A, LL.B) from Faculty of Law, Maharaja Sayajirao University of Baroda. In 2010 I graduated and my name has been entered in the roll of advocate of Bar Council of Gujarat. I started my practice as an Associate with the Chamber of Hriday Buch which has its presence in High Court of Gujarat. After practicing before High Court of Gujarat for more than a year and a half, I went to UK to pursue LL.M in International Commercial Law from University of Westminster. Currently, I am honing my Legal acumen under the guidance of Mr. Asim Pandya.

     

    What motivated you to pursue law?

    One or the other reasons did not allow me to stay in the same school for more than three years. I got good exposure by having education from various different schools situated in different areas of Gujarat. My primary education was from Government Primary School, Kheda. Then my father relocated in Gandhinagar and I got secondary Education from Mount Carmel High School, Gandhinagar. I successfully finished my XII – Commerce from Sheth C. N. Vidhyalaya, Ahmedabad. In this manner, I consider myself very fortunate that I have lived, experienced and seen rustic life as well as City life in a very early age.

    I am the ‘first-generation’ lawyer. My entire family is from the education field. So, it was a difficult task to choose a career path. Though, my mom always inspires me to be a lawyer as she believes I am good at arguing (being a victim of my argumentative skill!). Jokes apart, I always believe to be in a field where I can get opportunity to communicate with people and observe every sphere of the Society.

    In fact, I scored very well in XII – Commerce even I got full marks in Business Math in my Board Examination. So, many of my relatives and well wishers impressed upon me that I should become CA. unfortunately, I did not fall prey to their choice of career and got myself admitted in St. Xavier College, Ahmedabad for F.Y. B.A. (Psychology). In the same year Maharaja SayajiRao University announced five year integrated Law course and I opted in. In a sense, I can’t say that law has been my career choice from the beginning at the best I can say that I have inclination towards law from my early years of the school.

     

    What kind of internships did you do while you were a student?

    From the very first year of our under graduation we required to attend court proceedings as a part of our academic calendar. I did various internships at various different organisations that include Chambers, NGOs, MNCs, Solicitor firms, etc. It helps me to gather first hand information of the legal field. Being a first-generation Lawyer internship is the only source to get to know about the profession. I have read a few autobiographies of Law Legends, but I could have not known the profession and its true color had I not done internships.

    When I was doing my internship with Mr. Majumdar a lawyer and Public Prosecutor in Ahmedabad district Court, I was given an assignment to draft an Appeal for Consumer Matter. I suppose it was a Pro bono brief. One fine day that client came to get the copy of his Appeal. He thanked Mr. Majumdar for his help. Mr. Majumdar called me in his chamber and told the client that he has drafted your Appeal. In a literal sense the client touched my leg and thanked me. This was happened when I was in my second year, I was so embarrassed and at the same time happy to see the happiness engraved in the eyes of that client. From this incident I learnt a lesson in life that the lawyer’s duty is not just give his client a best possible professional advice but, it is also the duty of every lawyer to generate sense of confidence in his client so that he can feel that he is in the safe world.

     

    How did you go about securing internships under people like Mahesh Jethmalani?

    Faculty of Law, M. S. University gave a large number of legal doyens to the profession. In the year 2005, as many as nine Justices were alumnus of Faculty of Law, M. S. University. It also gave many Chief Justices to various High Courts. Even many of its alumni have been elevated to Supreme Court of India. So, the brand name ‘MSU’ plays very important role to secure Internship in good organisations/chambers/firms.

     

    What stark differences did you find between MSU and Westminster University?

    We are the first batch of Baroda School of Legal Studies. Being a first batch of Five Year Course has its own merits and demerits. I believe infrastructure was the biggest hurdle in MSU. Though, we had renowned faculty member. There were many practicing lawyers who came as a visiting faculty and which helped us immensely.

    The stark different between MSU and UoW is infrastructure and library. In UoW, we have library which runs in five floors. Not only books but we also have a facility to borrow laptops from our library. We can access full version of many web portals such as WestLaw, LexisNexis, HeinOnline, Jstor, etc. We do not need to visit the campus just to renew the books which we have borrowed three weeks back. This helped me a lot while I was making my dissertation. In MSU you are constantly in a pressure to find out the sources for your research. Expensive books are not available and if available then only for the reference purpose. This all have very bad impact in your research quality.

     

    What was your motivation behind doing an LL.M. abroad?

    This is the question which I have answered zillion times. Invariably, every person asks this question why not an LLM in India. The answer is simple. I was convinced that I am litigation material and hence, I want to expand my knowledge base that too in a short span as I want to rejoin the profession again. In India at that time LLM courses were of two years. And in UK it does not consume more than 9 months. This is the first reason.

    I am not a ‘DEGREE CENTRIC’ person. I want to expand my knowledge more particularly; I like courses which require intensive research and a more independent approach to working towards DEGREE without the constraints of attending timetabled lectures. In India, we are obsessed with attendance and ‘text book–based–examinations’. This is what I hate the most and hence I decided to pursue LL.M from UK.

     

    How did you choose the universities that you applied to?

    Actually, I had three countries in my mind for pursuing my LL.M i.e., UK, USA and Singapore. Then I contacted many LLM students through LinkedIn that helped me massively to zero down on UK.

    After I decided that I will be going UK, the task became easy and I surf, read, research and talk with many people. Here, I would like to give an unsolicited advice don’t hire any agent for a help to make your research and application. DO NOT believe what they say; use your own mind and do your own research. Contact Admission Office of any of the universities of your choice and ask every single query your mind has cultivated.

    As I said earlier I want to join some Research University. I have applied in SOAS, Kings College, Queen Mary, Durham, Leeds, and Leicester. I received offer letter from Kings College, Queen Mary and Leicester University.

     

    How did LL.M. at University of Westminster happen?

    It all happened very hurriedly. I decided to go for higher education in May 2011 when we have Summer Vacation in the High Court of Gujarat. Though, I have already made research on ‘LLM -IN –UK’. Hence, I knew that I was late in applying. I have applied University of Westminster through UKPASS. I was in touch with the Admission office of UoW. They guided me with my application process.

     

    How is the recruitment for overseas students?

    I personally, do not believe that ‘Foreign – LL.M’ improve my chances of employability. At the same time, recruiters do call you for an interview by acknowledging your foreign degree mentioned in your CV. After all it’s all about Confidence and rapport you share with your interviewer which might help improving your chance to employability. Miss Swethaa Ballakrishnen has written a paper viz. “Homeward Bound: What Does A Global Legal Education Offer The Indian Returnees?” on chances of employability of an LL.M holder. I recommend all the aspirants to read this paper. It will provide crucial insights regarding LL.M and Employability.

     

    How was your experience in Westminster?

    One of the main reasons I chose UoW is its faculty members. John Flood, Reza Banekar, Richard Earle, Joseph Tanega, Adam Samuel, Simon Newman to name a few, are our faculty members. They are reservoir of knowledge, very active and attentive, ready to help and they are the Professor in its true sense and spirit. They respect knowledge and talent. They made me strive for knowledge.

    I could not find a single reason for which I can say that paucity of resources in UoW hampered the quality of my research/overall outcome of my result. We have good library. The central library system in UK allows me to visit any library situated in UK. In fact, I used to visit LSE’s library for research. They have online database. Prompt reply from faculty members is the rule. So, there is nothing for which you can blame UoW for your bad quality of research. They help you in settling up interviews if your research demands interviews of various stake holders of the society. These all facts make you to concentrate on research only. The administrative side has been looked into by UoW. This helped me a lot.

     

    manan-bhatt3

    What do you suggest one should necessarily do while at the Westminster University?

    The Cinema in Regent Street London is the part of UoW.  You are not an alumnus of UoW if you have not experienced the Cinema. “Walking Tour of the Neighbourhood” guided by Adam Samuel should not be missed out. One should join Adam Samuel to know food joints around the neighbourhood and history of the neighbourhood.

     

    What did you specialise in?

    I did my LLM in International Commercial Law. Foundation in International Commercial Law is a mandatory module for the Student of LL.M-ICL. International Commercial Arbitration, Comparative Commercial Arbitration: Law and Practice, Research Theory and Practice, International Commercial Litigation And Corporate Social Responsibility Issues in Business and Law are the other modules which I had opted for and successfully cleared.

    My first love is Litigation rather, Dispute Resolution. Arbitration and litigation is therefore, natural preference. I took Research Theory and Practice because I thought and which also became reality, that it will help me to make my research more effective. The selection of these modules paid well in terms of marks I secured 65 marks in the dissertation. I wrote my Dissertation on “Interim Measures of Protection in International Commercial Arbitration and its Practice in India.” Corporate Social Responsibility module had been chosen just because I find the name of the module somewhat fascinating.

     

    How was the academic schedule?

    Our Course is based on 180 credits. 60 credits for Dissertation and rest of 120 credits are divided in to twenty credits per subject that comes to six subjects in an academic year. I studied five subjects in the first semester of my post graduation. I must admit that the first semester was more hectic than the second one as in the second semester I have only one subject and Dissertation. But, in the last it helped me because in second semester. I got ample time to set my focus on Dissertation. So, the academic work depends on how you choose your modules.

     

    How’s the Indian fraternity over there? Are there many Indian students?

    There are many Indian students and if we count south Asian students then I believe they are more than English students! My course had three Indian Students including me. So, around the university there were many Indian students but in my course we have not that luxury to have 75% Indian Students unlike Queen Mary or Kings’ College.

     

    What about accommodation?

    I have not stayed in a hostel or dorm. I was staying in Private accommodation. Private Accommodation is economical.

     

    Where do you see yourself in five years’ time?

    Five years down the line I would be more mature in terms of Law as well as life.

     

    How has your life been after the LL.M. from UoW?

    After LL.M I got the occasion to represent a client in International Arbitration. It was an ICC Arbitration held in Geneva. I was invited to judge/arbitrate Tenth Willem C. Vis (East) International Arbitration Moot held in Hong Kong on 11th – 17th March, 2013. I was invited to judge 3rd ILNU International Moot Court Competition 2014. At present I am working on various domestic Arbitration brief.

     

    What would be your advice to law student interested in going for higher studies?

    Do your research by yourself, Cross check what you read online. Get your priority straight. Define your purpose for higher studies. If the only purpose is to open up more avenues then think twice. If you want to do pure legal work in other Jurisdiction. Better you give Bar Examination i.e. In UK QLTT, LPC or GDL; USA New York Bar Examination etc. It is economical and it will increase your chance of employability.

     

    Lastly, what would be your message for law students?

    Read. Re-read. Analyse. Think. Write. Listen. Pay Attention. Observe. Speak.

  • Vini Singh, Advocate, on being a Company Secretary, studying in London, and taking the Judicial Services

    Vini Singh, Advocate, on being a Company Secretary, studying in London, and taking the Judicial Services

    Vini Singh graduated from HNLU, Raipur, in 2012. She then went on to pursue her Masters from UCL. During her time as an undergraduate she has interned in the Chambers of Mr. P.S. Koshy, Multiple Action Research Group – MARG, been a Judicial Clerk to Justice S.K. Sinha, High Court of Chhattisgarh, interned at Chambers of Mr. Shanti Bhushan, Sr. Advocate, Supreme Court of India, Chambers of Mr. K.T.S. Tulsi, Sr. Advocate, Supreme Court of India, Chambers of Mr. K.K. Venugopal, AZB & Partners, and AMSS. She is also a Company Secretary. 

    In this interview we speak to her about:

    • Getting an LL.M. from UC, London
    • Being a Company Secretary
    • Taking the Chattisgarh Judicial Exam

    Tell us about your life before college.

    I did most of my schooling from Indore except for the final three years which I completed in Raipur since my family had moved here. I was a science student and very keen on becoming a doctor like my father. After I finished my schooling, I took a year off to prepare for pre-medical exams and appeared for many of them at the end of that year. Never in my dreams had I thought of choosing law as a career, but a few of my friends convinced me that I should have a back up plan and there was no harm in giving an entrance exam. So I filled up the entrance exam form for HNLU and appeared for the exam with just two weeks preparation. To my surprise, more than 50% of the question paper contained exactly what I had studied, and not only did I clear the exams, I secured 4th rank as well.

    Meanwhile, I was also offered a seat in a medical college, but since their sessions start late, I decided to give HNLU a go. I attended classes for almost a month and it would be wrong to say that I chose law; I would rather say that law chose me.

     

    How will you describe your college life?

    My college life was a lot of fun. I had a great group of friends, we studied together, went on a lot of trips, celebrated birthdays and festivals, occasionally played badminton etc. Apart from academics, I participated in a few activities and competitions organised by various committees, helped organise conferences as a part of legal and social services committee and worked for the library and academic committee.

     

    vini-singh2How would you say a student can go about studying and having distinction in a few subjects?

    (Vini has bagged gold medals in Constitutional Law, Economics and Political Science. These are invariably some of the most lengthiest and difficult papers.)

    I am someone who has never adopted a certain strategy to tackle coursework or a gain a certain percentage of marks. I would say that I was able to do well academically only because I really wanted to learn. If I found something worth a read I went for it, irrespective of the fact whether it was prescribed material or not, which is why I ended up reading a lot of additional stuff such as Plato’s allegory of the cave or Dworkin’s Law’s Empire. All this additional reading eventually helped me a bag outstanding grades and those gold medals.

     

    How was your experience interning with SC lawyers?

    (Vini has worked as an intern for two great SC lawyers – Mr. Shanthi Bhushan and Mr. KTS Tulsi.)

    It was great working with such eminent SC lawyers, both internships gave me an opportunity to closely observe the pros and cons of litigation as a career choice. Mr. Bhushan is very approachable; one can discuss anything with him right down from movies to politics to any complicated legal question. My internship with Mr. Tulsi was even better because I got to work on not only criminal cases but also on arbitration matters and I also learned a lot from his team. I was placed with Mr. Bhushan by our Internship Coordination Committee, so I just had to send my resume to him for securing the internship. I applied to Mr. Tulsi’s office personally by approaching one of his juniors and requesting him to give me an internship opportunity.

     

    What did your work at AZB & Partners entail?

    Working with AZB Partners was a really good experience. I got work on a variety of matters since they do not assign interns to a particular team. So, if my morning began with say a research on FEMA, my night ended with verifying documents for an arbitration matter. However, as I was really interested in Competition law, I took initiative and more often than not sought work from that team. They were filing the then recently introduced Form I of the Combination Regulations at that time and I learnt a lot while working with them.

     

    What inspired you to pursue an LL.M?

    The academic experience was one my major reasons for pursuing an LLM, besides that I really wanted to challenge myself, that is why I decided to go for higher studies.

    I had to write a letter of purpose as a part of my LLM application explaining why I wished to pursue an LLM and what my expectations were. I believe that my application successfully convinced them that I was a deserving candidate, which is why I was given a seat in the programme. I think that it is really important convey a genuine interest in pursuing further studies to get selected in any LLM programme.

    While selecting a college to pursue my LLM, I considered the courses offered, the faculty and the total cost of my education. I chose UCL because they offered good courses in the areas I wanted to study.

     

    Why did you choose to go for UCL?

    As I mentioned earlier, my prime consideration for choosing UCL was the courses I wished to take, apart from that the reputation of the university was also a major factor. I did consider other colleges in UK such as Kings, LSE and Queen Mary, but I did not consider Indian colleges because I wanted to experience life abroad and I did not wish to spend two years pursuing a masters.

     

    Tell us about the accommodation, financial requirements and campus life at UCL?

    UCL is located in Central London and has very good accommodation facilities for the students including facilities offered by the University of London. However, if someone does not wish to stay in university accommodation one can always get a flat share in areas nearby the university at decent rates. Campus life at UCL is fantastic, there are several activities and plays that are always going on, there are a lot of places to eat, drink, hang around, karaoke, kickbox etc. The university has also got its own gym facility for people who are conscious about their fitness. I did find a lot of people from the Indian fraternity and we also had an Indian society that held many events, cricket match screenings whenever India played and celebrated various festivals such as Navratri and Diwali.

    Apart from the tuition that has recently increased and the accommodation costs that come around to 150 to 250 GBP per week, one can easily enjoy London at 500 GBP per month, plus it is not very difficult to find and manage a part time job, so it is not very costly. Plus UCL automatically considers you for many scholarships including a scholarship offered by the Chief justice of India.

     

    Tell us about the academic pressure and the faculty at UCL.

    The academic environment at UCL is very different from our law schools. There the classroom is a place for discussion and not the place to learn basics. If a student is not up to date with his/her readings, it will be very difficult for them to get anything out from the class and they may even have to face embarrassment.

    The reading list is huge, if one does not follow a proper schedule, it can be almost impossible to deal with the course load at the end, so even though I was not very regular in my studies here, I had to force myself to change this habit and only then did I manage to cover my course material.

    Faculty at UCL is very cooperative and they are usually available to clear any doubts and discuss issues in person as well as online by mail or by UCL’s electronic platform moodle.

     

    How is the recruitment/ placement for overseas students?

    The placement scene for overseas students is not very good at present. I would not deny that the tag of a prestigious university does open doors but if you are already qualified in your country, and you do not have many years of experience with you, it is very difficult to get a job. Plus you would also have to clear QLTS at your own expense since your law degree is considered as non law in the UK.

    It is comparatively easier to secure a training contract, if you have not yet qualified in your own country, however, you still need to write an exceptional application and clear six or seven rounds of assessment to get through.

     

    What do foreign universities look for in applicants?

    Excellent academics is definitely a must, however foreign universities do look for other qualities in their candidates such as any contributions to their society by volunteering etc, organisational skills, publications and sometimes achievements that distinguish you such as maybe your exceptional capability in a dance form.

     

    Tell us about the Chartered Institute of Arbitrators Award for Best Performance in International Arbitration that you received.

    As a part of my LLM programme, I undertook a course on International Arbitration. This course is recognised by the CIArb, therefore they give an award for excelling in the course in association with the Faculty of Law. I was given this award for securing a distinction and I suppose the highest marks in the course.

     

    What were your subjects in LL.M. and what made you choose them?

    I decided to choose my subjects based on my interest rather than any commercial advantage. I studied a mix of commercial and public law subjects so while on the one hand I took up International Arbitration, Cross Border M&A and Comparative US Antitrust v. EU Competition Law, I also took courses like Comparative Constitutional law and Principles of media Regulation. My dissertation focused again on International Arbitration, since I find that area interesting.

    I am currently litigating; however I do plan to get some experience in the areas I have specialised in.

     

    How was the Summer School at London School of Economics?

    Summer School at LSE was fantastic and very hectic at the same time. I studied EU Competition Law there and the course really helped me lot in my undergraduate Competition law course and also during my post-graduation. However, I would only recommend such a course to someone who is already a bit familiar with the basics and ready to burn the midnight oil for those two months. I was visiting London for the first time hence I was more interested in sightseeing, but still, I did attend all classes, if not tutorials and got a lot out of it.

     

    How has the Company Secretary course helped you as a lawyer?

    The Company Secretary course has been very helpful thus far. My concepts of corporate law, taxation law, securities and finance are a lot more clear since I undertook the course. Also I think that a little bit of company accounts and management studies can do no harm to a lawyer. So, I would definitely recommend this course, if not much, you do get another degree with just a little bit more effort that you are already putting in for law school.

     

    How was your experience writing the Judicial Services Examination in Chhattisgarh?

    I recently gave Judicial Services Examinations in my state. I did not have to prepare much as I had already studied all the core subjects in depth for the bar examination. So for my preparation, I revised all the key concepts again and studied local acts prescribed in the syllabus.

    The exams however turned out to be a huge disappointment as there were hardly any questions in the exam paper that required application of any legal concept. Most of the questions were regarding the dates on which a certain Act or amendment came into force, the number of sections or chapters in a certain Act, or the chapter no. of IPC or Evidence Act that contained so and so provisions. So unfortunately my preparation strategy was not very helpful. However, after having a look at question papers of other states, I can say that it is important that your concepts are clear in order to succeed in such a competitive exam.

     

    What would be your message to our readers who aspire to go for an LL.M. abroad?

    Dear friends, all I would say is please do not chase grades, aspire for knowledge instead, be curious to learn, the grades and success would automatically follow.

  • Ankit Yadav, LL.M candidate, NYU, on researching with legal luminaries and drafting the perfect memorial

    Ankit Yadav, LL.M candidate, NYU, on researching with legal luminaries and drafting the perfect memorial

    Ankit Yadav is one of the illustrious graduates of 2012 batch from RMLNLU. He subsequently went on to pursue his Masters NYU School of Law. After graduation he went for an LL.M. to New York University. During his tenure as an LL.M. candidate at NYU he worked with many legal luminaries and also had the opportunity to judge in the Philip C. Jessup International Law Moot.

    During this interview we speak to him about:

    • LL.M experience at New York University
    • Researching for Prof. Jose E. Alvarez and Prof. Eda Katharine Tinto
    • Perspective of a judge of Philip C. Jessup on what is an awesome memorial

     

    How would you like to introduce yourself to them?

    I am still a student of law, who is endeavouring to make a mark in this field.

     

    Tell us something about your life before college.

    I am a first generation lawyer. I did my schooling in the science background which, I still believe, helps me in having an objective approach towards various situations.

     

    How did you gravitate towards legal studies?

    I would not go on to the extent of saying that I always dreamt of being a lawyer. But yes, it always appeared to me as a fascinating profession, especially because most great leaders across the globe are/were lawyers. I believe that the study of law helps one relate better to the society and its needs.

     

    How did you go about securing internships at places like top tier firms?

    My idea of doing internships was to get a sense of different areas and work setups in this field (law firms, lawyers’ chambers, governmental and non- governmental organisations), which later allowed me to make an informed career choice.

    Most law students have an apprehension that one can’t get a good internship without having good contacts or knowing someone who can recommend you. Well honestly, I also thought so till the time I was proved wrong. Having a good network of relevant people is always a plus point in this profession.

    However, that does not mean that you cannot secure a good internship without the same.In my opinion, the key to securing a good internship is to apply well in advance and have a cover letter that allows the employer to judge your skills within a period of 30-40 seconds. Most employers get numerous applications every day. Therefore, the cover letter and resume of an applicant should be very concise and well drafted.

    Every internship that I did, not only helped me in honing my skills but also allowed me to decide what kind of lawyer I want to be. Internships teach us time management, team work, work ethics and give us a chance to put our classroom knowledge into practice. In short, internships give law students an insight into the real practice of law. Therefore, I would strongly recommend that law students should take all their internships very seriously.

     

    What was your motivation behind pursuing LL.M.?

    Everyone in my family is a post-graduate and I did not want to be the least literate one. I always wanted to get the knowledge, skills, academic resources and exposure that a world class university offers. Therefore, it was always there at the topmost position of my priority list. The only requirement was to get through one of the leading institutions of the world, which I was fortunate enough to get.

     

    ankit-yadav1How should one go about choosing a university?

    The hard task is for the law students to decide what area of law they want to specialize in. Once that is done, the process becomes relatively easier. Law schools ranking are available online and law students are good at doing online research. One needs to find the best uinversities in their chosen area of specialization. Location of the law school also plays an important role in determining what kind of exposure it would be able to offer to a prospective student. Therefore, a law student should take this into consideration before choosing a university.

     

    Please tell our readers about the application procedure and other requirements for an LL.M. at NYU.

    The application procedure for an LL.M at NYU is almost the same as other Universities of US and UK. All the applicants are required to submit a statement of purpose, writing samples and letters of recommendation along with the application form. All the information is available on the official website of NYU.

     

    Does NYU provide students with scholarships?

    Yes, like most leading universities, NYU also offers merit-based scholarships to prospective students. Also, apart from the scholarships offered by law schools, a number of charitable organisations offer merit-based scholarships to students who have secured or are hopeful of securing admissions in well recognized law schools abroad.

     

    Was there a lot of academic work?

    Yes, the work load becomes overwhelming at the beginning, but one gets used to the system after a while. Reading or writing assignments are allotted for every class and one has to go prepared to be able to understand the discussions properly.

     

    Please tell us about your experience working with Prof. Jose E. Alvarez and also Prof. Eda Katharine Tinto as Research Assistant.

    The work I did during my research assistantships was very enriching not just because of its academic value but also because of the amount of experience and knowledge I gained while working with the people who are widely recognized for their contribution to the American and international society.

     

    How has the experience of being Judge at the international rounds of Philip C. Jessup International Moot Court Competition been?

    It was truly a wonderful experience, being at the other side of the podium at the most prestigious moot court competition of the world, sharing the dais with and getting to interact with some of the well known faces of international law and just being a part of the entire process.

    The primary qualities that every judge looks for is a strong understanding of the basic concepts of international law and a proper appreciation of the facts provided in the Compromis. Once these are present, then eloquence, demeanour, poise, innovative arguments and persuasive skills are the qualities that bring out the difference between a winning team and the rest.

     

    If I want to write an awesome memo, what are the relevant skills and how should I go about learning them?

    An awesome memo would be the culmination of an awesome research into an awesomely drafted document. When I grade a memorial, I look for good amount of research and its proper application in the facts provided. Every word that is mentioned in a Compromis/problem statement should be presumed to be relevant while drafting a memorial.

    The language used should be formal and simple and must be as concise as possible. These are the skills that can only be acquired with practice. Therefore, it is imperative to have a first draft prepared well before the submission deadline and then keep refining it.

    In my opinion, MUNs, debates and moot courts are a great way of developing advocacy skills (research, drafting and oratory skills among other things). Unlike regular academic coursework, these activities involve the thrill of getting immediate results for all the labour you put in them. They are also a great way of boosting up the confidence of a law student and to learn something which may not be  a part of your academic coursework.

     

    Was your typical workday during your internships in India any different from your workday abroad?

    Not very different. Nowadays, most employers in India have also become more respectful towards their employees. They have started recognizing a proper work-life balance is necessary for employees to be able to perform up to their potential. I am hopeful that it will keep getting better from here on.

     

    What are your future plans?

    My future plans are to be a successful litigator. In the next five years, I want to be a well recognized name in this field.

     

    Lastly, what would be your message to a law student who wants to excel as a lawyer?

    Believe in yourself! If you are determined to be successful, no one can stop you. All you need is to stay focused and motivated. The legal profession needs to transform to keep pace with the changing society and our generation will bring about that change.

    “I have, let’s say, sixty years to live. Most of that time will be spent working. I’ve chosen the work I want to do. If I find no joy in it, then I’m only condemning myself to sixty years of torture. And I can find the joy only if I do my work in the best way possible to me. But the best is a matter of standards—and I set my own standards. I inherit nothing. I stand at the end of no tradition. I may, perhaps, stand at the beginning of one.”

    – Ayn Rand, The Fountainhead.

  • Akansha Dubey, LL.M. candidate, Cambridge, on researching, publishing and editing for top-notch journals and being a competitor and judge at the Willem C Vis

    Akansha Dubey, LL.M. candidate, Cambridge, on researching, publishing and editing for top-notch journals and being a competitor and judge at the Willem C Vis

    Akansha Dubey is a graduate of 2013 batch of NLU, Jodhpur. She then went on to pursue her Master’s degree from Cambridge, with a specialisation in International Trade Law, Dispute Resolution, International Environment Law and Human Rights. She had success at the 18th Willem C. Vis and had also recently came across the opportunity to judge the moot as an Arbitrator. She has publications in renowned journals to her credit, and had also taken part in various international conferences and summer courses. She also holds a lot of experience interning in top-notch law firms and as a judicial clerk for Supreme Court judges.

    In this interview we speak to her about:

    • Researching, publishing and being an editor of academic articles in top-notch journals
    • Interning at the largest law firms and clerking under SC judges
    • An LL.M. from Cambridge in International Law

     

    How did you gravitate towards Law?

    It may sound a bit clichéd, but since my parents were judges inevitably the legal profession and its quirks were an integral part of my childhood. The dinner table conversations exposed me to the world of legal politics and procedure. Though initially my interest was limited, but with the emergence of novel legal avenues apart from the traditional ones I became highly inclined to pursue this field.

    To summarize my life at NLU, Jodhpur I would say it was hectic since I wanted to pursue a variety of interests and multi-tasked during my five years. From the beginning, I was interested in academics, moots and research work. Apart from participating in national and international moot court competitions I was also a part of various paper presentations and even secured national and international publications. As a part of the Centre for Research and Training in Arbitration Law (CARTAL) we introduced the flagship arbitration journal of NLU Jodhpur, Indian Journal of Arbitration Law, and I served as the Senior Editor and the Editor-in-Chief successively. Beyond the sphere of academics and co-curricular, I was a regular participant of the frequent legal aid/awareness camps as well.

     

    What does it take to be a great mooter?

    (Akansha has won the Friedrich Eismann Award at the 18th Willem C. Vis International Commercial Arbitration Moot, Vienna. She was also awarded Best Student Advocate and her team was chosen the Best team at Dip Chand Memorial Moot.)

    As far as these two successes are concerned the major contributing factors were the team-work, the long hours of research and the specific focus on prior practice of the oral rounds. Though the preparation for international and national moots differ the importance of an intricate factual scrutiny, exhaustive research, precise expression and innovative thinking cannot be undermined.

    Well, frankly, there is no formula to being a ‘great’ mooter. At the outset, it is essential that you pursue mooting as an interest and not merely as a CV-building exercise.

    With a passion for mooting the long hours of work and commitment become easier and enjoyable. To build the conventional research and oratory skills observation is a good tool. It may be through observing the varied mooting styles of your seniors, analyzing international teams through videos or browsing through winning memorials on the websites. Nevertheless, these should assist in finding your own mooting style.

    Personally, I believe it is better to transition from national to international moots and keep in mind that most of these competitions test not only research, knowledge and oration but also the understanding of the contemporary relevance of the concerned area of law. Such a comprehensive outlook to the moot problem makes the arguments more assertive, pertinent and impressive in a competition. Thus, this can help in building an inspiring and notable mooting style.

     

    How should one go about writing papers and getting the same published?

    According to me the most important steps are to narrow down the area of your interest and find a contemporary perspective to the concerned area or topic. Most of the international publications look out for current relevance, fluid language and originality. In case the student wishes to pursue certain specialised areas of law it is better to structure the publications within the framework of the current developments in these areas. Hence, prior publications will provide more credibility to the student as an author when their works are considered by reputed international journals.

    Another strategy could be to work upon the class room projects to develop them into papers and thus approach national or international journals. One important lesson I learnt was never to hesitate to approach journals, you never know when a topic may click with any of them. Since international publishers always go through the CV of the author it is important not to undermine a national publication, which may prove to be an asset when being considered by an international journal.

     

    What are the top three things you consider as sine qua non for a great research work?

    (Akansha has held positions like Editor-in-Chief for the Indian Journal of Arbitration Law, Editor, Cambridge Journal of International and Comparative Law in the past and presently she is a Legal Research Fellow at the Centre for International Sustainable Development Law.)

    It is difficult to enumerate the three most important characteristics since research work is dependent on various factors and circumstances. Nevertheless, as per my experience some things contribute more to a notable research work. First, the ability to conduct a focused research without deviating from the aim of the concerned work and the target audience. Secondly, even though the research is required to be focused it should not be restrained. A holistic understanding is required with the help of drawing links with other overlapping subjects and areas.

    Thirdly, I believe the research work should depict a present-day view which illustrates the practical application of the research and thus does not merely put forth a theoretical understanding. Until and unless the research work can be applied in the modern world to tackle the emerging needs and problems, it fails to make a mark in the field of academics.

     

    Do you think participating in extracurricular activities like MUNs, Debates, Seminars and Conferences proves to be of help to law students?

    (Akansha has attended a number of both national and international conferences like International Congress of Environmental Research in Mauritius, International Law Students Association Summer Conference in Istanbul, and a lot more.)

    There is no doubt that these activities lead to more exposure to new legal spheres, interaction with the global community of law students, academics and scholars and even prove to be an avenue to branch out of the legal arena. This can help students choose, create or strengthen their interest areas and give them a chance to see world issues from varying perspectives.

    As I mentioned before, if these activities are undertaken in areas of interest they can prove to be beneficial with respect to professional aspects as well. On one hand seminars and conferences may result in publication of selected papers and on the other MUNs are a great opportunity for networking. In case one wishes to pursue research, academics or even apply for higher studies these activities are seen as illustrations of the student’s focus area, awareness of world issues and work undertaken so far.

     

    How did you apply for the Summer Course in International Commercial Arbitration by the International Chamber of Commerce, Paris?

    During my internships and moots, I had worked extensively in the area of dispute resolution especially international commercial arbitration. Since I wished to pursue the subject further when I came across the opportunity to participate in an international summer course I was very much inclined towards it. I learnt about the summer course online while generally researching on the current developments under the subject area. The application procedure was simple which required me to send a ‘Statement of Purpose’ and my CV to be considered for the course. Once I was selected for the course I was intimated by the organisers who offered to waive off my tuition fee.

    The summer course was an enriching experience where the practicing arbitrators and counsels of the ICC discussed the contemporary issues with the students. Also, the diverse group of participants helped me understand their national viewpoints to different legal quandaries in the area of arbitration law.

    During the course we visited various key institutions including the OECD and learnt more about the functioning the ICC and its rules when conducting an arbitration hearing. Apart from the academic sphere this course fostered cultural and social exchange amongst the students involving developed and developing country debates to surface as well.

     

    Tell us about your internsip experience.

    (Akansha has interned with top tier firms and organisations like Amarchand, Trilegal, Competition Commission of India, and Parliamentary Research Services.)

    All my firm internships were through the Placement Committee in the college and primarily based on the shortlisting of the CV based on the CGPA. Since I was quite inclined towards legal research I endeavoured to look up different research-based internships wherein I applied individually. With the organizations like the CCI or the PRS a standard and uniform procedure is followed, CCI focuses on the contemporary relevance of the research proposal submitted by interns which they plan to pursue in the four week internship. In case of PRS, a rigorous procedure of a questionnaire and an interview is followed.

    I believe the key to securing research-based internships is to keep looking for new opportunities through legal websites, blogs and social media and apply in the areas of your interest. While most of the top tier firms follow a strict policy of receiving applications though the college Placement Committee itself, the research organizations welcome interested applicants based on their willingness and enthusiasm.

     

    How relevant did you find your law school education with the kind of work you were required to do at law firms?

    This is a difficult question since most of the law school work was theoretical with rarely any understanding of the practical implications. When I worked as an intern in a legal firm I had to change my theoretical notions of law to accommodate the challenges of the practical working of law. Undeniably, the theoretical understanding of the legal framework provided a foundation of my understanding but the internship required to build upon it extensively. Each law firm internship was a new experience which gradually depicted the lack of an application-based teaching methodology in the law schools of the country.

    Though all my internships contributed tremendously to my knowledge and experience, some of them made the most impression with respect to my career choices. First, the internship in the Competition Commission of India exposed me to the policy formulation and implementation in the sphere of national competition laws. As I worked upon a research report for three weeks, I realized my emerging interest and aptitude for research work and policy deliberation. Second, both my judicial clerkships helped me appreciate the role of policy implications while formulating and implementing the law.

    My discussions with the two sitting Supreme Court judges reinforced my beliefs of how law and policy need to simultaneously work together for the growth of a civilized society. Thus, as I felt this relationship was greatly neglected I wished to strengthen this under the Indian legal framework.

     

    What do you feel about the importance of a good CGPA & contacts when attempting to secure an internship?

    Well, I cannot deny the excessive reliance on both as tools to help secure internships with reputed firms, lawyers or even research organizations. A good CGPA definitely helps in securing internships through the college Placement Committee wherein it is treated as a benchmark of differentiation amongst the students. In the present times students do not hesitate to use contacts to secure internships as well. Nevertheless, the lack of these tools does not close all opportunities.

    Undoubtedly, the top law firms and lawyers rely on these tools to judge students but if one is willing to opt for the modest options the experience gained here proves to be of great value. The research-based internships also give more importance to the interest, enthusiasm and willingness of the students. Thus, the lack of these tools should not dishearten the students but encourage them to look for more avenues to gather valuable experience.

     

    Why did you choose to do a Judicial Internship?

    (Akansha was engaged as a judicial clerk under Justice Katju and also Justice H.L. Gokhale, in the Supreme Court during her graduation.)

    During my third year in NLU Jodhpur I was convinced that my aptitude and interest lay either in the field of legal research or litigation. A judicial internship embodies a rare opportunity to interact with the learned individuals presiding over the highest court of the country. Apart from the charm of the daily interaction with such stalwarts, this experience is much significant when applying for higher studies.

    Most of the reputed international universities attach high regard to any work done with the judges of the Supreme Court. In case one wishes to pursue litigation this can set the stage for being recommended by a sitting Supreme Court judge to a lawyer of your choice. This gives more credibility and experience to the application whether in context of higher studies or litigation.

     

    What kind of tasks were you given as a judicial intern?

    In my experience, it is not a difficult task to secure a judicial internship when applying from third year onwards. The standard procedure is to fill the application form available online on the website of the Supreme Court of India and send it along with the CV by post to the Supreme Court Registry. The only requirement is for the application to be made through the education institution and not by the candidate personally. The institution is intimated of the selected candidates and their dates a month before the start of the internship.

    Most of the candidates who apply are selected and thus allocated on a random basis to the judges. I believe, in my case the high academic performance and various moots as well as publications could have contributed to the selection process. As an intern the work given is similar to a judicial clerk. A judicial clerkship is a one year paid programme to assist a sitting Supreme Court judge after graduation.

    The tasks include summarizing the case briefs, participating in case discussions and researching on various points of law. Such an internship may involve assisting in drafting judgments as well. But the highlights of these internships are the interactions and discussions with the judges and understanding the factors considered by them when drafting judgments which serve as the law of the country.

     

    What was your motivation behind pursuing LL.M?

    Since I was very clear on pursuing either research or litigation in my third year of law I began considering the option of higher studies as well. During my internships I was strongly inclined towards the area of law and policy and thus started looking for related career opportunities. In this competitive field a higher degree provided the much needed edge to the applicant.

    Also, since I was increasingly interested in dispute resolution and undertook a specialization in international trade I decided to link these subjects to the area of interest. With this emerged the need and desire to pursue an LL.M degree in the future. Hence, it proved to be an amalgamation of my interest as well as a requirement for better prospects in my chosen career path.

    I wished to pursue an LL.M in pure international law subjects and thus applied to the universities known for the courses of my choice. Moreover, an LL.M abroad opened up a different level of academic, cultural and diverse experience at the international platform.

     

    Why did you opt for University of Cambridge?

    I wanted to undertake higher studies in the specialized regimes of international law especially trade and dispute resolution, therefore the aim was to apply for the reputed universities based on the course of my choice. University of Cambridge was ranked the highest in relation to the faculty and courses of international law and hence was a preferred choice.

    Other universities I applied to consist of traditional LL.Ms in the Harvard University, University of California (Berkeley) and specialized courses like International Business Regulation, Litigation and Arbitration in the New York University, International Economic Law and Policy LL.M (Barcelona) and Master of International Disputes Settlement (Geneva).

     

    What do you think contributed towards your candidature at Cambridge?

    With respect to my selection in the University of Cambridge I strongly believe that I was able to show a link between the focus of my research work and experience to the courses I wished to pursue. My long term goal of pursuing trade/economic policy was complemented by my specialization in International Trade, research publications and internships with respect to the same subject area.

    In order to get accepted as an LL.M candidate at one of the reputed international universities it is important to showcase high academic excellence accompanied with a strong interest in the courses the student wishes to choose. Also, the student’s ‘Statement of Purpose’ and CV should sufficiently depict the need for an LL.M to achieve the ultimate goal he/she desires.

    And lastly, an LLM candidate should depict a focused interest rather than an ambiguous desire to opt for higher studies with no set goal. These are essential characteristics to present an impressive LL.M application in the international sphere.

     

    How was the academic schedule? Was there a lot of academic work?

    University of Cambridge offers the LL.M students to undertake four courses of their choice and allows for an optional thesis/dissertation in one of them. The schedule consists of weekly lectures, seminars, supervisor meetings with respect to the thesis and guest lectures for the interested students.

    Like most of the LL.M degrees abroad the nine month long academic programme of the University of Cambridge was short and rigorous. Due to the short period of time there was always the pressure to finish the daily readings, work on the thesis/dissertation simultaneously and also attend the weekly lectures/seminars. Even though the examinations were preceded by a long holiday, the detailed analysis of the issues and high standards raised the expectations from the students.

     

    How has the experience judging moots been?

    (Akansha has been a Memorial Judge at the Willem C. Vis International Commercial Moot, Vienna and also a Judge at the Monroe E. Price International Media Law Moot, Oxford. )

    I found that working in the capacity of a judge in both the moot court competitions was an enriching experience filled with valuable insights. Being a memorial judge I looked for correct identification of the issues, formulation of the arguments, use of factual and legal knowledge and precise expression. As an oral round judge the focus was more on the comprehensive understanding of the subject area, usage of authorities, link between facts and law and the confidence, assertiveness of the speaker.

    The Oxford experience helped me interact with barristers, academicians and counsels from different legal arenas. Also, the moot participants were a diverse group as well.

     

    What are your long-term goals?

    As a professional I aim to pursue the field of legal research and policy essentially. After completing my LL.M course I will be joining the National Council of Applied Economic Research (NCAER) as a Special Assistant to the Director General in New Delhi. This is my very first step and I hope it proves to be a good experience for learning the practical implications and relationships of economic policy and law.

    In the coming years I aim to publish more regarding the new developments in the area of international trade, environment and dispute resolution. Also, I will be looking to undertake further research in the form of a PhD. Ultimately, I wish to join the United Nations Organization as a part of one of the specialized bodies concerned with the areas of my research work.

     

    Lastly, what would be your message to law students interested in going for higher studies from India?

    I would only encourage them to find a passion before they commit to a year of higher studies. With a clear idea of your inclinations and aptitudes an LL.M can prove to be an asset in not only the professional but also the personal development of the individual.