Super Lawyer

Category: Higher Studies

  • Rajesh Singh, Legal Advisor, on pursuing a career as a Managing Partner of R&S Associates

    Rajesh Singh, Legal Advisor, on pursuing a career as a Managing Partner of R&S Associates

    Rajesh has more than 19 years of versatile and enriching international experience advising corporate clients, CEOs, management members, boards, and business heads. He has worked in the role of General Counsel (South Asia) at 3i Infotech, Associate General Counsel at Capgemini. He has been legal adviser at senior levels in various MNCs, SMEs, and SSIs. He has been instrumental and trusted adviser in various assignments dealing with M&As, NeGP(PPP), international arbitration, dispute resolutions, Private Equity, M&A integrations issues, Labour unrest and unions matters, various matters at Ministry/EOW/Custom/DRI/ Authority, Company formation and registration (Singapore, ME & other Asian countries), data protection/privacy laws, Antitrust/Competition laws, litigations and advisory services for his organization in association with Amarchand&Mangaldas, DLA Piper, DH Law, JayeshAshar, Somandy and Associates,  Little and Company and so on.

    In this interview he talks to us about:

    • His decision to pursue law.
    • His views on career choices.
    • His experience as a corporate lawyer.
    • His advice to go for higher studies.

    How would you introduce yourself, given that most of our readers are law students, law aspirants or professionals in the legal arena?

    For my fraternity, I am one of their fellowship members consistently learning to strike a differentiator when had to compete with each of you at any stage of my life. When it comes to consolidating my energy, effort, and experience, I would like to be called as an astute corporate lawyer with 2 decades of exposure to fortunate opportunities of some international experience. My consolidation of knowledge primarily came from legal-advisory exposures on various corporate and legal activities that governed various businesses, industry, and geography, for the sake of brevity coined as “LexAdvisory”. Today, individually gaining core expertise in all aspects of LexAdvisory is practically not possible for an individual, so it is important to have a team of experts to stand behind an individual under the umbrella of an international advisory firm, like mine RSAA GLocalLexAdvisory Group….remember this is just a beginning.

    You are a B.Com graduate from the University of Mumbai. How did you decide to pursue LL.B.?

    To be frank, in those days of my initial career, my intention was to be part of management hence had immediately done Diploma in Business Management from Indian Merchant Chambers. I had no path to have a career in law. My work, assignments, and some personal and organizational challenge compelled me to do law, further to add, my attitude to have control over the assignment. I found, major snag was legal issues and challenges surrounding the assignment, so completed my law with my employment…

    How well did your experience in Mumbai prepare you for a life of academic prestige and professional success?

    Now, at this stage, after meeting law aspirants from various parts of globe, including the rural, remote and less fluent English speaking areas, I believe being in Mumbai or any similar city will always be to your advantage as the exposure to real-life incidents, ready infra, and occasions of deliberations always going to be a rich experience. Major change in me happened when I started working for global MNCs, because the perspective of life, changes when you enter into a multi-cultural environment. It grooms you differently, by influencing your thoughts, communication, stature, and appearance. It gives a different outlook to yourself and imbibes things to see the world through glass of multi-cultural professional approach, knowledge composition, and personal attitude towards clients (including internal clients) and also “Altitude”, I coined a new personal feature because I felt a point of difference in opinion of astute lawyers of different country not due to legal knowledge but the point of reference from where they see the applicability and feasibility, due to our respective knowledge-peak heights achieved in our respective legal jurisdiction or cultural and environmental sphere each of us belong to; or society that we belong that either regarded smaller issues in one country as high while another country discarded it low, e.g., Data protection laws are different from different countries and seriousness varies accordingly.

    What were the influences on your decision to pursue MBA in Human Resources? Why didn’t you opt for MBA after graduation?

    I was holding all portfolios jointly in a corporate support function and to pursue  highest qualification in Human Resource would help me count as qualified all round. During those days, I was dealing with massive industrial and personnel issues which were unnecessarily chewing away my time. I felt I lacked in understanding issues of management and personnel and at many times could not authoritatively provide solutions to blue-coloured and white-coloured differences. My intention was to stand as an adviser to the management board to tackle all corporate and legal issues; personnel issues were bothering me. I could not stand differentiator in my personal view while convincing management with a workaround was not making me happy.

    What are your views on career choices other than mainstream corporate or litigation streams such as teaching, etc.?

    Today, the corporates have started eying on lawyers to move in the business stream and contribute to business growth and expansion due to their legal analysis, meticulous practice, and advisory skills, taking risk stands minimized at the decision level itself far away to reach this stage but the world is progressing towards the same. Alternately, every individual should get involved in other streams of a career like teaching, etc., may be after gathering some work experience at corporate, law firms and independent practice because that will help relating knowledge with reality and make teaching more attractive and attentive for law students. The legal field itself is so broad that there is no need to move outside the legal stream.

    You have been a corporate lawyer for most of your career. What prompted you to take up corporate law? Share with us any experience which helped you to shape your career choices.

    In my view, corporate lawyer enjoys the power to advise business heads and largely is in a position to influence a decision of management wherever legal and compliance issues are a concern. Surprisingly, amateur corporate counsel also gets an opportunity to advise business heads in most of the corporate structure due to our ability to understand the law better than them and also professional independence is given in our day to day activity. It is your personal inquests and quests that helps you to choose the legal area that you would like to specialize in. The majority of corporate work largely deals with contract drafting and managing litigation in most of the organizations. Few organizations do have an opportunity to go into IPR, M&A, IPO, Financial Arrangements, etc. I have been fortunate to get all of these opportunities at strategic and compliance level, making my knowledge-base versatile, penetrative and probing.

    What falls within the scope of your responsibility? Tell us about a typical work day.

    In addition to above, as managing partner of international law firm, typical work day goes on strategic and management decision to structure the organization, improve the quality of service, monitor the vision and mission, inculcate good practices, motivate the team to support clients and give spontaneous advice to management or CEOs or Managing Directors of the organizations identified as a core clients. In personal observation supervise crucial and critical litigation to get appropriate knowledge and experience to tackle proceedings legally and administratively.

    What is the most challenging or stressful part of being a Partner at one of the most successful law firms in the country? Is it easy to have a work-life balance?

    Obviously, stress is part of your life be as an associate or as a partner because success of a law firm depends on how your conduct is with your client?; what knowledge and experience that you can bring to the pleadings, drafting and arguments? Besides, the challenge of face value in the court, unheard urgencies, few seconds to decide your interim success or failure may discourage your client to count on you even if you have the best army to succeed in a long run. All set and done, if you love your work, you can enjoy the challenges and heal your frustration through your internal mingling and by a sip of tea/coffee or by breathing out the failure and breath in the next moment to move towards your next achievement. Many times, time does not permit you to enjoy your success or cry on your failure as the clock of cyclic success and failure is so much inconsistent that you cannot carry one emotion for long.  Work-life balance is not a myth; you can achieve if you can start your day early and follow a disciplined method to retrieve your information and knowledge.

    What kind of effort should a young associate put into work to get it appreciated? What distinguishes an associate from a partner when it comes to work?

    There is no limit or difference in the effort; your contribution decides your fate and success as an associate. More the partner relies on your work and effort; the less the partner will supervise the associate work. Almost everything is expected to be done by the Associate under guidance and supervision of Sr. Associates, Partner or Sr. Partner. Largely, the scope is drafting, analyzing facts, and research the relevance to withstand weakness and strengthen merits of your matter.

    How important would you say are business development skills at such higher roles in a corporate law firm?

    Knowing the business is very advantageous at any stage of your career, because as a corporate lawyer, the more you know your business higher is the chance of bringing an appropriate solutions or advice. The business heads or management appreciates such corporate lawyer who can bridge law and business on a platter in such a way that both corporate lawyers and business can understand their perceptions and perspective. Besides business skills, the corporate lawyer should also work towards improving its Interpersonal skills, simplified and crisp communication skills. Team Spirit plays a vital role in large. And complex assignments as a collaboration of work is crucial to complete the larger picture as expected by the management within an expected timelines and quality.

    When you hire lawyers under you, what specific skills and profile do you look for?

    Already covered above, to broadly mention, drafting, knowledge seeker, independent in thoughts, out of box thinker, ready to work with right attitude, have excellent and simplified method of communications, ability to demonstrate and express his thoughts in clean and clear way, negotiation skills, etc

    If I want to be a legal advisor how would I go?

    Every aspirant should identify and understand legal and statutory compliance of the industry that you are focussing on. Gather relevant knowledge, team of business and legal experts working on challenges of the Industry, and form part of a forum that can either influence industry legislation or influence legislators by your thoughts, suggestions, recommendation, and actions. Once you have initiated in the above manner, invest your time to peruse legislation affecting such industry and observe live court proceedings in this regard. Peruse case laws and FAQs available on the websites of court and authority (you can refer various other means to get case research materials), to understand regular challenges faced and dealt by that Industry. This kind of development will help you to mature your understanding in respect of business nuances, court’s perspective (Ratio decidendi of the decision taken by various courts or counter arguments placed by other pleaders to understand the strength of your pleadings) and market dynamics. Focus one industry at a time. Target another similar industry, which is logically a business extension of the industry you focused on e.g. ITeS to IT, BPO to LPO, IT to Software Technology then Mobile Technology. Similarly, the logical expansion, in the process of knowledge gathering, is to experience litigation through Business Contracts by way of handling disputes under Alternate Dispute Resolution (eg Arbitration or mediation forming part of Contract; you can further deep dive in this area covering domestic and international arena of every country your organization operates its business); further to add, Contracts, generally, branches out to various legislation or points out to foreign legislation by way of its terms and conditions, hence, review of such clauses should be analysed in the light of such legislation to assess the risk and recommend mitigation plan or compliances there under.

    What would be your advice to students who wish to go for higher studies?

    Industry or legal area focussed diplomas or courses will help recruiter acknowledge your intent to practice in particular industry and legal areas. In India, degree in law, master degree in business administration (if you intend to practice as an in-house corporate lawyer) or master degree in law for practice in court; and any other diploma or courses will always be an added advantage. The student should work during their studies to ensure that business and practical sense is developed while studying and most of the reading will settle in your mind as your wisdom or knowledge.

    What would be your message to our readers who are budding lawyers and law students?

    Budding Lawyers and Law Students should be sincere, hardworking, knowledge seeker, opportunist, aggressive in work and humble in approach and communication; ethical and professional in conduct and approach, good listener, preach what you practice, and finally should have ability to convey your thoughts. Never believe that what you lost after your sincere attempts are the last opportunity for your life.

     

  • Shweta Luthra, An independent Legal Consultant, on switching from Corporate Law to Criminal Law

    Shweta Luthra, An independent Legal Consultant, on switching from Corporate Law to Criminal Law

    Shweta Luthra graduated from National University of Juridical Sciences, Kolkata in 2007. Her research, which started in 2011 and is still ongoing, is focused on the socio-legal aspects of fitness to plead and stand trial in English and Indian Courts. It involves a comparative analysis of the trial procedures for defendants who are charged with criminal offences, but are unable to plead or participate in their trial, as a result of mental disabilities.

    She currently acts as the external member on fifteen ICCs and as a legal consultant to many other organisations. She has worked with IISc (Indian Institute of Science), KEONICS, Orange County Hotels and Resorts, Skyway International Tours and Travels, CMCA (Children’s Movement for Civic Awareness), the Nature Conservation Foundation and Quikr. She also provides consulting services to a global technology support company with over 5000 employees in India alone, a global MNC providing customer engagement software and services, and a leading Life Science and High Tech company.

    In this interview she talks to us about:

    • Her areas of interest and developing expertise and knowledge in these fields.
    • Biggest hurdles faced in her career.
    • Her experience at Amarchand & Mangaldas.
    • Her experience as a trainer, legal consultant and external member to ICCs on sexual harassment matters.

     

    How would you like to introduce yourself to our readers?

    I am a legal professional interested in aspects related to human rights, especially those of persons with mental illnesses and victims of sexual harassment, since their issues have not received as much attention (until quite recently) as other issues.
    An Alumni of NUJS, Kolkata (2007 batch), I worked with AMSS Bangalore for two years before deciding to follow my true interests and joined the University of Oxford in 2009 to read for the MSc in Criminology and Criminal Justice (Research Methods).After completing my MSc, I started my Ph.D. at the School of Law, the University of Leicester on a part-time basis, which I am still pursuing.
    Since 2013, I have taught Principles of Criminal Law at Christ Law School, Bangalore as guest faculty and now work with an NGO, SASHA (Support Against Sexual Harassment), where I provide legal consultancy on matters relating to sexual harassment at the workplace.

     

    What inclined you towards legal education?

    As a child, I really enjoyed puzzles and mysteries. As I grew older, this interest moved towards brain teasers, and then towards logical reasoning and analysis. While I would have preferred to become a detective, that did not seem to be a very stable career option! I was also excellent at arguing (not just debating) and seriously considered becoming a criminal lawyer. When I got accepted at NUJS, studying law seemed like an excellent career prospect.

     

    What were your areas of interest while you were in law school? How did you go about developing expertise and knowledge in these areas?

    What I found most interesting at law school, was criminal law. What I did not realise then, was that my interest lay more towards the psychological aspects of crime and the socio-legal aspects of criminal law, rather than substantive or procedural law – why certain acts are considered to be criminal; why the same acts and behaviours that are punishable offences in some countries, are not criminalised in others? Most importantly, why, despite knowing that an act would result in punishment, people still continue to commit crimes?

    I was not at all sure where I would go with these interests. When you think of criminal law, you immediately think “litigation”, as did I. To that end a majority of my internships were with litigating lawyers – at all courts (trial to Supreme Court), and while I enjoyed trial court litigation most, I was not convinced enough to make a career out of it.

    By 3rd year, my interest took me towards criminology (which I chose as an elective), and during my summer vacation, I decided to conduct some research on the treatment of mentally disordered offenders. For this, I interviewed nearly 30 mentally ill persons who were either under trial or convicted and serving time at the Bangalore Central Prison. I spoke to mental health professionals and prison psychiatrists about the treatment received by such prisoners and realised what an abominable state they were in. It was this project that ultimately defined my career. My M.Sc dissertation and Ph.D. thesis, both are related to mentally disordered offenders and how law and society, both need to change to improve their situation.

     

    What do you think were the biggest hurdles and challenges in the early days of your career? How did you deal with them?

    Despite wanting to work in the specific area of criminal law relating to the mentally ill, I had no idea where to start, and with the pressure of placements, I applied for a job in corporate law, just like everyone else. My only corporate law internship had been with Amarchand Bangalore (in my 4th year), and when they offered me a PPO, I accepted it. It’s hard to refuse such an offer, especially against peer pressure as well as family pressure. Most families do not want their daughters running around prisons to speak to convicts suffering from Psychosis.

    While I adjusted to the job at Amarchand, I never really felt excited by it.A big challenge for me was the long hours required of a capital markets lawyer. Markets were booming at the time that I joined, and there was more work than we could comfortably manage. It’s easy to burn out quickly when you do not see yourself making a career out of that job. But, the biggest hurdle for me was to convince my family that I wanted to leave a coveted high paying job in order to enter into completely unknown territory, with no clear career prospects.

     

    How was the job interview? Do you remember any of the questions asked to you? Please give our readers some tips to nail a law firm interview.

    A lot of the questions asked during these interviews are about your personal opinions and aspirations. They want to know about the sort of person you are and whether you would fit into that particular law firm culture. They want to know where you see yourself in 5 or 10 years. What could you bring to that law firm, that is unique? Sometimes, they also ask you for your opinions on current legal affairs.
    While many applicants are quite scared to answer these questions because they want to sound impressive, the thing to remember is that there is no right or wrong answer. Rather than expecting a perfect answer, I believe that recruiters want to know if you have the ability to self-introspect and whether you have any future goals or not. Whether your aspirations are limited to getting the highest paying job at a huge law firm, or if you have actually thought of a long term plan. They also want to know if your knowledge is limited to what you have been taught in the classroom, or are up to date with and can critically discuss what is happening in the world.

     

    Describe your experience at Amarchand & Mangaldas. Why did you shift from Corporate Law to Criminal law and research?

    I was assigned to the capital markets team along with a majority of the new recruits. That is something that I was clueless about, never having worked in the area. But, considering the IPO boom at that time, they needed all hands on deck. I learned quite a lot during my two years there, but I missed my prison research and finally decided to study further, but not law – I wanted to study criminology and criminal justice. When I got accepted at Oxford, there was no looking back.

     

    What can help a student get through the application process at the  University of Oxford? How different was the work environment at that University?

    Unlike many high ranking global universities, Oxford does not put as much weight on your previous academic record, as it does to your potential.

    To gauge this, in addition to the statement of purpose, which is the most important part of your application, you are also required to submit two essays on subjects of your choice (not necessarily related to the course you are applying for), through which they analyse your ability to write, research and think critically. The latter is essential – Oxford looks for uniqueness rather than the ability to score high marks in exams. They would like to know that their students are interested in long term achievements rather than just a degree.
    I had an average GPA and was ranked in the middle of my class, but they took me anyway. I believe what they found interesting, was my research and ideas on the law related to Mentally Disordered Offenders.
    They also ask for three references, instead of the usual two – one of which needs to be non-academic.

     

    Please share a bit about your Ph.D. research experience with medical and legal professionals in India.

    My Ph.D. relates to the socio-legal aspects of fitness to stand trial for persons with mental disorders. I am looking at trial procedures followed in India and England if the accused is suffering from a mental disorder that prevents him from participating in his defence or from instructing his lawyers.

    During my research, I realised that legal professionals in India know very little about this area of law, and many steers clear of it. There are cases of mentally disordered offenders being imprisoned as under-trial prisoners for decades!A factor that further intensifies the implementation of this law is the stigma attached to mental illness, which prevents many from admitting that they are unwell, and therefore not fit to undergo a normal trial.

    On the flip side, until quite recently, this law could be misused very easily – there have been many cases where families who wanted to rid themselves of the responsibility of a mentally ill relative, accused them of criminal offences like rape or sexual harassment and then let them stay in jail until a proper trial, indefinitely. When India ratified the United Nations Convention on the Rights of Persons with Disabilities, many changes were brought into the Indian legal system. More than sixty Indian legislations that related to disabled persons (including persons with mental disabilities) are currently being reviewed and amended in order to harmonize them with this convention. That is currently the main focus of my research.

    When I started my research and conducted pilot interviews with legal and medical professionals, I realised that a major issue in India was not lacuna in the law, but more as a result of our legal culture and society. Besides the lack of awareness of these legal provisions, there are also contradictions between the medical and legal definitions of concepts like insanity and disability, in addition to how such persons should be treated. My Ph.D. may not be able to resolve these issues, but I aim to bring those issues to light, that have previously been ignored or disregarded.
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    How did you become a legal consultant? What are the skills one must acquire to become a legal consultant?

    SASHA actually happened quite unexpectedly. In 2014, I was approached by Kanti Joshi, an old family friend who convened SASHA, as she was looking for lawyers to join her.Since the notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in December 2013, she had suddenly seen an upsurge in her work as there was an immediate requirement of experts in this field. I attended a few of her sessions, read about the requirements under the law and realised that very few lawyers had this expertise.

    I was instantly drawn to this issue because in, addition to its relation to human rights and criminal law, it is another issue that has been ignored for too long.I initially started conducting awareness and training sessions on sexual harassment, and as I gained experience, I started analysing the law and became an external member of Internal Complaints Committees and also started providing legal consultation on this subject to other companies, who already had external members, but required expert knowledge of how to handle certain complicated cases.

    As such, there is no specific skill set required to become a legal consultant. In fact, lawyers working at law firms are legal consultants. Providing consultation is simply a practice, where instead of providing litigation services, the lawyer provides legal advice to individuals or businesses. However, most legal consultants have expertise in particular subjects. A big advantage for me has been the fact that as an independent legal consultant, I can keep my own work timings, and usually work out of my home office. I am very family oriented. I have a four-year-old son, with whom I get to spend a good amount of time, despite having a successful career. Also, as a result of this flexibility, I am able to dedicate a fair amount of time towards my Ph.D. research.

     

    Share your work experience as a trainer, legal consultant and an external member to ICCs on sexual harassment matters.

    The Sexual Harassment Act requires every organisation with more than 10 employees to have an Internal Complaints Committee to deal with cases of Sexual Harassment.For this, they need training on the provisions of the law as well as an external member who is either a legal professional or has expertise on this subject. The law also requires these organisations to conduct awareness sessions for the prevention of sexual harassment in the workplace.

    At SASHA, we provide all these services. Presently, I am an external member on the ICCs of 17 companies, where I assist them in resolving sexual harassment complaints. I also conduct training and awareness sessions for various organisations including hospitals, educational institutions, BPOs, IT companies, companies in the manufacturing, travel and tourism sectors, as well as various government departments and corporations.

    Despite our efforts, and efforts of other similar organisations, there is still some resistance to comply with this law. Many organisations are hesitant to sensitise their employees towards sexual harassment law, as they are worried that the provisions of this law will be misused. Their negative opinions towards this law include the fact that this legislation is just a political gimmick and that creating this law has resulted in giving power to women employees to retaliate against their superiors when unhappy with their professional progress. While not unfounded, these fears are a result of a lack of knowledge of the new law.

    Sexual harassment is a universal problem, unrestricted by financial or social status or the type of organisation one works for. No employer can be blamed for the behaviour indulged in by their employees, but closing their eyes to it is also not feasible. Many victims do not come forward with their grievances as they are unsure of what acts and behaviours amount to sexual harassment, and are unaware of what to do if faced with them. Many also do not have enough faith in their employer to deal with a complaint in a sensitive and supportive manner.

    It is my aim to spread as much awareness as possible, as I believe that to be the most effective way to bring about the desired impact.

     

    What would be your message to our readers?

    Don’t concentrate only on the subjects that are taught in law school. Learning about procedural and substantive laws is important, but what is more important, is how you practically apply that knowledge in the real world. I think internships are the best way to gather this knowledge. An internship can help you to understand the realities of the legal profession. You may learn Contract law and Company law at school, but you do not learn how to draft a contract or negotiate it.
    Also, you may not realise that you enjoy a specific field of law unless you have worked in it, so you should try your hand at internships in a variety of fields. In addition to learning the practice of law, internships are a great forum to learn from the experiences of professionals working in that field.
    Most importantly, keep an open mind. Litigation and Corporate Law are not the only options for legal professionals.

  • Chitranjali Negi, A Lawyer, On working as an ODR Research Scholar and dedicating her career to Human Rights

    Chitranjali Negi, A Lawyer, On working as an ODR Research Scholar and dedicating her career to Human Rights

     

    Chitranjali Negi graduated from Rohilkhand University in 2009. She is a Master degree holder in Law (LLM) [Administrative & Constitutional Law (Comparative)] & Ph.D. Law Research Scholar (Online Dispute Resolution).  

    At present, she works as a Lawyer at the Supreme Court of India, Permanent Member of Supreme Court Bar Association. She is also a partner at Santaniello International Law firm based in Italy Rome (2011- Present), Writing Legal Research Papers for Social Science Law Network, New York USA.

    In this interview she talks about:

    • Choosing Law as a career and her experience at Rohilkhand University.
    • Her experience at Santaniello International Law firm
    • Her keen interest in Human Rights and their protection.
    • About Online Dispute Resolution.

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

    I am proud village girl who started with the rights of people through Amnesty International. Presently I am Lawyer at Supreme Court of India (2010- Present), Partners at Santaniello International Law Firm based in Italy Rome (2011- Present), Writer of a legal research paper at Social Science Research Law Network, New York USA & Ph.D. Research Scholar (Law).

    Why did you decide to study law? Tell us about your college life.

    My active interest in human rights and their protection was one of the major reasons why I decided to study Law. It gave me a profound insight how people are deprived of their rights because of ignorance and lack of care from government officials. This situation created my keen interest in Law. My college life was just like any other student

    Describe your experience as a partner at Santaniello International Law firm.

    I was invited by Luca Santaniello to be a Partner at Santaniello International Law Firm in the year 2011. I have been given several task, including Legal Research, Legal article writing, Drafting, Mediation, Arbitration, etc. This Firm respects my knowledge of Competitive Constitution, Human Rights & International Law, etc. My experience with them has been of mutual respect & in good faith.

    It is a common belief that working in the areas of human rights and policy research doesn’t pay well. How much of a hindrance is it for people joining this area of work?

    Human Rights & Policy Research in itself is a very satisfying experience. It would be not right to say money is everything. This experience is going to help me in my further career which is greater than money consideration.  

    Your work shows a great enthusiasm and interest in the field of Human Rights Law. What brought you into Human Rights? Were there any incidents which inspired you into it?

    It touched my heart on the occasion of World Indigenous day(9th August)  to be with indigenous (Boksha Tribes of Uttrakhand). I realized all top wealthy people are making a show of celebration of World Indigenous Day without involving the indigenous in reality. This touched my heart that how hypocritical the world is. This was my beginning in the path of human rights and supports a man on the street whose rights & dignity I must protect.

    What was your motivation for pursuing LL.M.? Why you opted for Administrative and Constitutional Law?

    It is my desire to get the pinnacle of my professional education, which is Ph.D. Thus to get Ph.D. in Law LLM is mandatory. To bring a change in any given society both Constitutional Law & Administrative Law have to be developed to a very high degree of efficiency.

    Is it better to work for a couple of years and then go for an LL.M or do one immediately after graduating?

    I too waited for some time to do LLM. This is necessary to get the ground reality before jumping into LLM studies.FB_IMG_1457166770068

    Where do you suggest one can intern or apply for an opportunity if he is interested in working on Human Rights issues?

    First of all, a lawyer should take up cases of Human Rights and understand the obstacle which comes in the way, the insufficiency of law in the protection of Human Rights. Then do some research & alongside join one of the International Organization of United Nations, Amnesty International, etc.

    What are the courses you have taken up as a law student? And which are the ones that may have a long-lasting impact on your career as a Human Rights Researcher?

    I am passionate with gaining knowledge & I take up an opportunity to enhance my level of understanding in Legal matters concerning Human Rights. Thus, I have studied Law, Human Rights Course, Amnesty International’s Workshops & Human Rights Campaigns.

    What are the top three things you keep in mind while compiling a research work? How do you suggest we become efficient at it?

    First of all, one should be in real love with the subject; Secondly, one should have an inquest mind to take a look at the frontier of that knowledge and take it beyond that frontier with research. Lastly, the research itself is a product of profit to look for money is a negative approach. Obsession! Obsession! The obsession to find the truth or unknown.  

    Please tell us about your current occupation. What do your primary duties and assignments include?

    My current profession is a practicing Lawyer at Supreme Court & Ph.D. Scholar ODR. I am handling cases which are at the final hearing stage & preparing my Ph.D. thesis which is at the point of editing to be submitting in next 3 months. I am invited by The Hague Institute of International Law at Peace Palace, The Hague, Netherlands to attend Online Dispute Resolution Conference 2016 on May. I am hoping to deliver a fine presentation on ODR’s future which I am working on now.

    What are the pros and cons of Online Dispute Resolution?

    ODR is a new animal in the arena of law; it has promises and faults. It promises democratization and humanization for the majority of citizen in an efficient and painless manner while cost efficient. It challenges the present system and threatens the people in power to share with ODR their authority.

    Where do you see yourself by the end of the coming five years? What are your long-term objectives?

    My foremost aim is to be a scholar in law. To contribute at international level in making it possible for every human being on this planet the right to seek justice without any hindrance.

    Lastly, what would be your message to people who want to have a career in human rights?

    Human Rights are the centre point which spells harmony and peace to our human family. It would be the greatest gift to human by judiciary. As a passing remark the President of USA, why Mr. Jimmy Carter, who declares, US will not have any relations with any State that abuse human rights.

  • Karthik Ranganathan, an independent practitioner, on working as a tax expert and studying LL.M from NYU

    Karthik Ranganathan, an independent practitioner, on working as a tax expert and studying LL.M from NYU

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    Karthik Ranganathan graduated from JSS Law College, University of Mysore, in 2004. After that, he completed Company Secretary course from Institute of Company Secretaries of India in 2007. He worked as a tax consultant for Ernst & Young for two years and then in KPMG, as a Tax Senior, for one year. He then went to NYU School of Law for studying LL.M in International Taxation. He has worked with Nishith Desai Associates for a year on the matters of International Taxation. Since then, he has been practicing as an independent Taxation and Corporate Lawyer.

    In this interview, Karthik Ranganathan talks about:

    • His experience at NYU School of Law
    • What prompted him to choose law as a career
    • What opportunities opened up for him after doing the Company Secretary course
    • Building his own practice as a Taxation and Corporate Lawyer

    What prompted you to think of law as a career? If not law, what other options would you have considered?

    I know this may sound cliché but true.  I am a science student.  I should have become an engineer.  Thanks to my father’s persistent persuasion to do law.  I am a lawyer because of him.  He used to take me to advocates’ offices in my town for his court cases even while I was ten years old to inculcate the liking for this profession.  Though he always wanted me to become a lawyer, he could not see me becoming one.  I have never regretted to have become a lawyer.  I love this profession very much.  I want even my son to become a lawyer.  By the way, he is three years old.  I would have become an engineer but for this profession.

    SL Photo 3

    Describe your experience at New York University School of Law.

    NYU School of Law is an excellent place to do your LL.M. program.  It attracts students from across 70 countries every year for different LL.M. programs.  I always wanted to do an LL.M. abroad after my LL.B. degree (from JSS Law College, Mysore).   Being a company secretary as well, I first got admission for the NYU Corporation LL.M. program but later I decided to do LL.M. in International Tax.  I worked for three years at Ernst & Young and KPMG, Chennai to get into the NYU Tax LL.M. program as it is very competitive.  I also got admission at Georgetown University Tax LL.M. program.  But I preferred NYU to GU.  NYU has an International Tax Program (ITP) for past the two decades for foreign-trained lawyers and admits 25 candidates every year.  NYU also has General Tax Program (GTP) mainly for American applicants.  But both ITPians and GTPians sit together for several courses.  This makes the grading curve very competitive for ITPians.

    My experience at NYU was exciting but highly demanding.  I guess this is one of the hardest LL.M. programs.  However, the Professors at NYU are fabulous, but they make you run for your money when it comes to curriculum.  It is a ten months program having two semesters, the Fall and the Spring.  The Fall courses at NYU were pretty hard as it had required/ compulsory courses like US inbound and outbound taxation, corporate taxation, etc.  The Spring courses were relatively lighter.  But for me, the Spring too was hard as I chose some challenging courses like Subpart F income (Anti-deferral), Transfer Pricing, etc.  NYU Tax program has more than 60 courses to choose.  It has some of the finest Professors who have been with NYU for decades.  They are also senior partners of reputed US tax law firms, and so, they have hands-on experience with the developments and reasonably foresee the changes that may happen in the tax system.

    The ITP majorly concentrates on international aspects of US income taxation.  To get an idea of other jurisdictions’ tax system, there are several courses to choose which are taught by renowned Professors from other Universities.  I very strongly recommend this program to those who have a flair for tax laws.  Unfortunately, very few Indians do/ have done this program.  Good understanding of Indian income taxation and few years of related work experience should be sufficient to get into this program.  That apart, I have extensively traveled in the US during my LL.M. program and have earned some of the best friends from here.

    Why did you prefer to go abroad?

    It is mundane that Indians go abroad for the LL.M. program.  But it will shape your career and perspective if you get into the right program in the right University.  And, for specializing in international tax, I felt I have to go abroad. SL Photo 2

    How did you ensure University Ranks in BAL and LLB degrees?

    I took law career seriously from day one in my college.  I always assured that I read only books of reputed authors for the exams even though it wasn’t necessary all the times.  I did not read these books only for the purpose of exams.  This I think should have resulted in quality answers in my answer scripts which earned me two ranks.

    Why did you choose International Tax in LL.M.? What motivated you to choose that?

    I should have ideally done Corporate LL.M. being a company secretary at the time when I applied for LL.M;  I learned that NYU is excellent for its tax program and since I was in the tax team at EY for some time, I had gained more interest for tax laws.  It was a safe bet.  I cherish being a tax lawyer.  Tax laws are vibrant and provide much food for your interpretative skills.  If one can understand tax laws well (be it direct or indirect taxes) then I think she/ he can handle other laws comfortably as well.

    What are the opportunities that open up after completing the Company Secretary course?

    Frankly, I did not do company secretary course to become a practicing company secretary.  The course has very practical and profound insights of corporate and allied laws.  So I did it.  Further, doing LL.B. and company secretary course is a good combination, especially, for lawyers who graduate from tier 2 and tier 3 law schools.  The combination is suitable for both job opportunities as well as to set up practice in corporate laws.  It requires dedication as it is not as easy as you pass your law examinations!  I was told that the answer scripts are reviewed by three evaluators each one trying to lessen the marks obtained.  You can become a successful corporate lawyer if you do company secretaries course.

    Describe your experience in litigation and as an advisor.

    I am a litigating lawyer and an accidental advisor.  I started practicing in the Madras High Court soon after I finished law.  I made it a point that I do not specialize in any particular law right away so that I understand well the basic laws like Code of Civil Procedure, writ jurisdiction of High Court, appellate jurisdictions of various courts, arbitration proceedings, etc.  I also practiced a bit before the trial courts.  There is nothing more satisfying for an advocate than appearing before a judge and being heard patiently and even more satisfying if one gets a favorable order.  I practiced in the Madras High Court for a couple of years and then intended to specialize in a particular field of law.  As my senior with whom I practiced was a Senior Counsel for Central Government then, I was exposed to indirect tax matters at the High Court.  With this experience and my company secretary degree, I joined Ernst & Young, Chennai in its indirect tax team.  Ever since I joined EY until recently I started my independent practice, I have been majorly doing advisory services.  Now that I am independent, I ensure that I do both litigation and advisory services which include documentation.

    I feel it will be safe for independent lawyers to lay their hands on both litigation and advisory services simultaneously to the extent possible as both are good areas of practice, and one leverages the other when the flow of work gets limited.  There is much scope for advisory and documentation, given the recent trend in investments in and out of India, which may eventually result in one type of litigation or other.

    What are the skills an advisor must acquire?

    I feel advisory practice is harder than litigation practice.  You need to be superb in what you claim to be an expert so that you meet all your clients’ requirements.  Advisory will always be time bound.  A client hardly ‘adjourns’ your deliverable date nor can you frequently seek ‘extension of time’ for the deliverable.  Your clients will always nitpick or quibble over your deliverable, and most of them will have adequate knowledge in the area of your advice.  So you need to provide a good amount of value addition to their needs.  Further, you need to be always updated in the laws that you predominantly advise.  For tax, I can say, it always keeps you on the run.  Continuous reading and updating, talking to peers, attending educative events, etc. will help you to become an excellent advisory lawyer.

    What challenges you faced to become the most popular author among Indian readers and as a contributor with a most popular article in India on “Direct and Indirect Taxes on Union Budgets”?

    This recognition was by surprise.  In fact, I was awarded these titles thrice.  I usually write articles on tax and corporate law developments.  Union Budget is the mother of all tax updates.  When I published my article on my website, the concerned head of Mondaq.com which picks selective articles from across 80 countries called me from London and said that my article has been chosen as the most read article by its readers.  He said that within two days of its publication there were approximate, 7000 viewers for my article on interim Union Budget in 2014.  After that, my 2015 Union Budget articles were also awarded this recognition, and I received emails from them in this regard.  Article writing is pivotal to advisory practice.  I developed much interest in article writing soon after I completed law and have written couple of articles while doing company secretary course and while being with KPMG.  However, this was well nurtured when I was working with Nishith Desai Associates which shows incredible thrust for legal alerts.

    One needs to follow the relevant developments in the area of practice carefully and should ensure that the same is passed on to others by writing quality articles.  Much time and thought are required for creating a good read.  We always need to keep in mind the readers while writing articles as they are the intended beneficiaries.  Plagiarism, if practiced, will eventually come to light.

    Describe your experience when you appeared for the first time in English Business News Channel.

    It was with Bloomberg TV all the three times.  I was working with Nishith Desai Associates then.  The tax alerts authored/ co-authored by me were interesting to the news channel I guess as it dealt with the contemporary tax controversies.  The first two were on the live show which is usually just before the Mumbai stock markets open for trading, and the third one was recorded.  It was a pleasant experience.  I have to give the total credit to Mr. Nishith Desai and Bijal Ajinkya (my partners at NDA) to have given me a free hand to appear on the News Channel.

    How to become a member of professional organizations like IFA, IACC, FKCCI, and AIFTP?

    Becoming a member of professional organizations is essential.  There are many quality professional organizations.  For advisory practice, this helps.  You get to meet several people who may need your services, and you get updates from your fellow members.  You may get a chance to address them which gives you recognition.  All these organizations have some basic requirements to become a member which are usually not difficult to meet.  One needs to keep in mind that some organizations’ entry and renewal fees are expensive but worth it.

    How important are the moot courts in the career of a law student? How can one increase his convincing power?

    Moot courts are crucial both for advisory and litigation practices.  Your research skills help you in your advisory practice and your oratory skills, before a court.  You get to learn those aspects of law which you will never learn in the law school.  You learn to win and lose which is typical when you become an advocate.  It improves your writing, research and analytical skills which are critical to providing good advice to clients.  If you participate in the moots to learn rather than to just win, you will become a matured law student and will catch up with the profession very quickly when you enter it. By preparing well for the moots and participating in the couple of them will enhance your convincing capabilities.

    Why did you go independent after working with big law and accounting firms?

    To practice independently was in my mind always.  There was much need for me to become independent because of my varied academic and work experiences.  I wanted to consolidate my litigation and advisory services which can be done only if I independently practice.  I do not regret this decision.  However, it takes a time to be recognized by clients and peers.  I have always felt that those who are confident and who can afford it should always go independent.  End of the day, it always feels good when your client knows you rather than for whom you work.

    What made you teach and what is your perspective on teaching?

    Again, I am an accidental teacher.  Soon after I quit my law firm job, I had plenty of time.  I sought an appointment with the Vice Chancellor, Prof. Venkat Rao, of NLSIU to discuss some academic initiative.  When I met him and explained the purpose of the meeting, in the end, I was surprised with an offer to be a guest faculty to teach tax laws to the LL.B. and LL.M. students.  Given that there was a vacancy and that it relates to my area of practice, I accepted it.  I have been teaching at NLSIU since July 2013 as a guest faculty.  Many thanks to the VC and my students to have accepted me.  I also travel to other law schools in India once a year to provide a single credit seminar course on tax, investment or securities laws for about a week.  My greatest inspiration to teach comes from my NYU Professors who have been teaching for ages and have also been very successful tax attorneys in the US.  I firmly believe teaching can never get in your way of successful practice.

    Personally, I believe it is crucial that alumni of law schools should consider sharing their work experiences, preferably, in the form of teaching a course to the students of their alma mater or nearby law schools.  This will make the law students feel comfortable about the profession and will give access to practical insights even while being a student.

    Where do you see yourself in five years?

    I am in my initial days of independent practice and am moving things inch by inch.  More the confidence I earn from my clients and peers, the quicker I can reach a respectable position, I guess.  I believe I am on the right track.

    What would be your advice to our readers?

    This is one profession which will never let you down if you are dedicated to it.  There is always space and a need for quality lawyers.  The laws are becoming more and more complex in all areas.  Integrity towards clients and love for this profession will find your level anytime soon.

  • Aparajita Kapoor, A Lawyer, on working on Multi-Jurisdictional matters and importance of building relationships as a legal professional

    Aparajita Kapoor, A Lawyer, on working on Multi-Jurisdictional matters and importance of building relationships as a legal professional

    Aprajita-3-min

    Aparajita is a corporate lawyer with varied international work experience gained in India and UK.
    She graduated from Hidayatullah National Law University (HNLU) in India in 2010. She commenced her law practice with D. H. Law Associates, Mumbai where she was involved in advising multinational and domestic blue-chip clients on mergers, acquisitions, joint ventures and technical collaborations.

    In 2012, Aparajita moved to England to pursue Masters in Banking and Finance Laws from Queen Mary University of London. In London, she worked for a large international firm in their corporate team where she was involved in advising the clients on transactional and regulatory issues relating to establishing a business presence in London.

    Aparajita is a member of Bar Council of Delhi, India. Her articles feature in national and international journals, and she is a regular speaker at international forums. Her recent publication includes the book titled “Investing in Dubai- made easy”.

    Aparajita is currently involved in Merritz M&A and corporate and commercial practice across the UAE, Central Asia, and India. Her practice also focuses on developing relationships between UAE and Indian businesses and advising them about the legal and regulatory environment in each other’s countries.

    Aparajita is also the Marketing and Operations Co-founder of a SAAS based portal focusing solely on answering questions related to UAE laws at www.lexxplain.com.In this Interview, Aparajita talks about

    In this Interview, Aparajita talks about

    • What made her stand out as a lawyer and see early growth
    • Her experience of working on multi-jurisdictional matters
    • Importance of presentation and networking in the career of a lawyer
    • Why it is important to be simple and friendly

     

    Tell us about your childhood. How were your growing up years?

     

    The majority of my life I studied in villages with 5 people on an average in my class, and I was always in the top 2 ;). As a child, very obviously I was developing the feeling of “I am so cool” “I am doing what it takes to be a good student” “Dad got me a bicycle last year- I am surely his hero” and many similar thoughts. As years passed, this attitude inflated even further, and one day I sat down with myself and something hit me. I do not recall the trigger, but I actually realized- “I think too highly of myself” “this village is not the world” “there is a bigger platform, greater competition and a lot of video games in the city- I must move and aspire to see what I have not”, (and, of course, the video games I played were the biggest motivation). I moved to the city, and it all started from there with this permanent shift of challenging the status quo.

    What made you want to study law? What would you say is your source of motivation as a lawyer?

    Lawyering began with the chase for money and recognition. Very natural and fairly acceptable viewpoint. I have woken up to calls from clients saying “we need to conclude this arbitration- my doctor said this stress has increased my chances of cardiac arrest.” Another call – “Aparajita- if we do not settle these high-value disputes, our head office will shut the operations, and thousands of employees will lose their jobs as we are underwriting way beyond limits”. When these words echo, you no more work for the cheques, you work for a purpose, a calling, and a meaningful cause. Now I wake up with the thought of “I cannot let the lady suffer a heart disease” and “I cannot let those people lose their jobs”.  Try to find that purpose – it is in you already deeply embedded. You merely need to expose yourself to as many situations and experiences as possible and allow that purpose to come to the fore. You will realize that as high-end professionals, even photocopying will become enjoyable should you realize YOUR purpose. Find your end. Find out why you are in it and how you can increase the quality of people’s life. Don’t think about how I get successful fast. Think about how I can create something super meaningful and super important.

    How does a foreign LLM help Indian lawyers? Can one expect to start an international legal career following an LLM abroad?

    In my experience, LLM does not seem to be a tool to land a new job in a magic circle firm. Alongside my curriculum, I used the opportunity of studying in London to work in a law firm, learn fashion from my European batch mates, play football, walk around the city, explore international cuisine and spend time with people who are culturally, socially, physically, economically, politically and in several other ways so different from me.  If your idea of LLM is to merely read books, write exams, score a distinction and come back, an online tutorial would do nearly a similar job.

    The legal profession is extremely competitive. As a lawyer, how should one deal with the ugly side of competition?

    I have been noticing a disturbing trend from the day I joined the legal fraternity- we end up considering a lawyer as just another competition.

    Let me paint a picture for you. Your colleague is a phenomenal lawyer, and you know it and accept it. Scenario one-treat him as a competitor and use every single opportunity to beat him down and enjoy your victory. You must also understand this is always not possible if you have limitations. Scenario two- Ask him for a coffee and try to bond. Tell him he is a great asset to his firm and share ideas with him.  I guarantee you the next time you face a legal bottleneck, you can always call him and ask “hey have you handled a similar issue before? May I have your insight as the subject is gray and your experience will do a world of good.”   I bet you will have his guidance and guess what, you will find a friend for life, a much stronger bond than a competitor. It is also critical to develop that “information sphere” around you to support you with soft knowledge which has not been documented in any primary or secondary sources of law.

    What should young lawyers do today in order to develop themselves as extraordinary lawyers of the future?

    Try to identify the most powerful trait in you and work on it regularly. Find ways to sharpen that skill every day. Keep noticing the gradual growth of that trait and eventually, you will realize you have mastered that quality and it is time for you to make it YOUR Unique Selling Proposition!! (it could be your dazzling sense of humor and networking skills or your stunning cricket stardom.)

     

    You have achieved a lot at a very young age. How does networking help lawyers? Is it necessary to be successful?

    Someone told me- if you cannot say what you do in a sentence, you have already lost the audience. The most amazing relationships are made in the most unexpected places where you are least prepared; therefore, work on your 30-second elevator pitch and that one line which describes “what you do”. With one sentence, I did not mean “Hi- I am a lawyer.” This is considered too broad and is known to include everything. Everything means nothing. For example- “I want a car” vs. “I want a Moroccan Blue 7-series beamer”- go as specific as possible to create that memory hook and allow people to refer you relationships- qualified relationships.

    Take networking seriously. We are very used to doing things which are familiar and comfortable and network with people who are similar to us. Here is the thing- try to build relationships with people who are very different from you. The diverse network is a source of pattern identification and also of wide-ranging solutions because you have people who are thinking differently than you are and their advice will come handy to have multiple perspectives on a situation.

     

    Most lawyers come across as intellectual, argumentative and distant people who are difficult to talk to. Your personal brand is very different from that. You are very simple, approachable and friendly. How does this impact your career?

    Lawyering has been unfortunately associated with the terms “too intense” “I do not get what lawyers talk” “serious professionals” etc. People wish to see our lighter sides to break the ice and feel comfortable. What I learned along the way is- you need to sound sincere and not serious to win trust. Have that humor alive in you (of course in moderation) and use simple sentences. Industry jargons are for legal drafts and successful lawyers have this unique quality of explaining the most complicated transactions in most simple words.  I connected with my first client on an Italian brand and we spoke on how and why we love those bags or shoes. Today she is one of my biggest and most loyal clients. The connection is a funny thing- happens very unexpectedly.

    Any thoughts on fashion for lawyers? What works and what doesn’t work?Aprajita-11

    Always dress to kill no matter where you are. How we look and how we dress affects how we are perceived and it is so important to project the right image through your fashion. You might be a human rights activist or a general counsel, do not miss out on a single opportunity to dress, impress and inspire.

     

    What really differentiates ordinary lawyers from the best ones?

    One of those days I heard someone talking about an incident. Two people sitting at NASA reception called the floor cleaner and asked- “don’t you feel terrible about yourself when you are surrounded by the best brains in the world and all you do is clean the floor all day and all life? The guy answered with a smile- I am helping men reach the moon”. Imagine what a delight it would be to learn this life lesson from a floor cleaner that could change your perspective about life in seconds.

    Stay very receptive to the world around and try striking a conversation with everyone to broaden your understanding of fine things in life.

     

    We hear the term Rainmaker frequently about law firm partners. How can one become a rainmaker in a law firm?

    Over the years I realized that all networking leaders have one thing in common- no matter which profession they represent, whenever they meet someone, their radar automatically switches on and they immediately begin to think “who can I introduce this person to.” Carefully listen to people and connect them to that one person in your contact sphere who you believe will be a valuable relationship. Be a part of their individual journeys and you will leave a remarkable impression behind that would last longer than you survive in this world.

    Lawyers often struggle to catch up with new technology. What’s your thought on this?

    Be it timesheets, billing software, scanning apps, contact management tools, quick links to create designs- always be ahead of technology and look for new tools. It will increase your efficiency manifold (of course besides making you look like a rockstar).  I recently learned Chicago may soon be announcing computer science to be a compulsory core subject for all high school graduation- gets me to think how next 10 years will look.

     

    How important is it to find a mentor as a lawyer?

    Find yourself mentors and require that they hold you accountable. A mentor can provide a fresh perspective — a new way of looking at a problem. Look for a relationship in which the mentor facilitates your decision-making process by suggesting alternatives rather than telling you what to do.

     

    How can a lawyer be innovative? Is it even possible?

    Take a mini diary and write 5 ideas every day. These could be ideas around the daily chores you do for example- how to print documents in a go green way, how to wear a tie in 30 seconds, how to create a portal in your firm connecting all the photography lovers and millions of limitless ideas. Do this for six months and you will be surprised how many ideas you have and how remarkably you have trained your brain to get ideas in any given situation. When you get those ideas, don’t hold on and don’t keep it in a closet. Share it with people and assemble the right brains that can help the idea to get better with their own experience.

    How does one build credibility as a lawyer?

    We belong to a profession where trust forms the basis of any relationship, be it client-attorney or associate-partner.  In desperation of meeting revenue targets or cracking a tier 1 firm job, we often start selling ourselves. Do not sell, rather facilitate the sale. Start with making people feel safe around you, give them ideas and tips which may help them in any way- a health tip to a legal tip- it all works. Win the trust and you will never have to look back in your career.

    What does it look like for a lawyer to be a leader in the practice of law?

    I always believe that leaders are never head down and deep neck into daily engagements, they look around corners to shape their future and not just react to it. It is time for you to stand out and prepare yourself not for the predictability of yesterday, but also for the reality of today and those unknown countless possibilities of tomorrow.

    Law firms of late have been complaining about the recession and global downturn. How did it affect you?

    Recession – I am so consumed with this term which has been used as a defense to say “no” to opportunities. A coach perfectly put it – recessions are a part of a normal business cycle. Frequency, intensity and duration may change. Whichever situation you are in, create opportunities and look for a way around it. When I say “create opportunities,” I did not mean to have a pushy and tricky attitude of selling sand to Arabs. I mean, identify the need, find the perfect solutions and there will surely be some opportunity in some form in the most devastating scenario- explore it further.  Never give in to a “no”. Never. Never.

     

    Is it important for a lawyer to have online profiles?

    Online reviews, your interactions with others and the frequency and quality of your posts help to form a positive impression in the potential clients’ mind, making a future possibility of working together more likely.  If done right, the online experience will always leave a good memorable experience. The quality of content and how it is disseminated relying on social channels such as the blogs and social media pages to spread awareness increases your search engine rankings. A possible tip could be publishing topics of interest and pain points that are relevant to clients and prospects, which will help you stay ahead of trends and build credibility which is the cornerstone of legal practice.

    What are your future plans with respect to your career?

    Taking lawyering as a profession was not enough, I began taking it as a calling, a passion a religion. Alongside the usual revenue targets and deliverable deadlines, I passionately involved myself in co-developing a SAAS based start up Lexxplain www.lexxplain.com, which is a portal of registered UAE lawyers focused solely on answering questions on UAE laws without any fee. Tap the trend and bring a revolution, find a wrong and make it right.

    How can lawyers give back to the society?

    I pledge 5 hours every month for community service. Why is this important to our practice?  Because I simply find it a way to reach out and relate to the pain of an individual and it helps me in building my legal practice around a sound and sensitive approach towards the clients and the community.

    How can busy lawyers have a work life balance?

    Millions of dollars will not compensate the lost smile of your mother- always make an approach to get the priorities right. Take control of work by proactively and efficiently delivering, which will allow you time for the loved ones who can lift your mood in the most distressed and challenging situations and keep you moving and outperforming other lawyers.

     

    How is it to be a lawyer dealing with multi-jurisdictional issues? Can you share some anecdotes?

    We were representing a company (“Claimants”) in an arbitration against another company (“Respondents”) having offices across 6 countries (as shown on their website). Claimants approached us with great confidence presuming the Respondents have sufficient funds to pay off the claim amount to the Claimants. Rule 1 is to never settle for what clients tell you- look beyond and facilitate their understanding of the chances of success in any matter, which may also require you to communicate that it might appear the Respondents are cash and/or asset rich but it might just be a very superficial thought. Alongside reviewing the documents to find validly existing arbitration clause and exhausting all remedies set out in the contract before invoking the said arbitration clause, we approached the Registrar of Companies (and/or their equivalent) in every jurisdiction where it appeared that the Respondents may have offices. We realized that in some countries the Respondents only had associate partners and in some countries they merely had representative offices. With limited facts, we undertook a SWOT and identified that the ultimate purpose of this matter was to recover the claim amount for our clients (sometimes it is more than just the recovery of claim amount should you do the risk assessment of a dispute right). At the outset, we understood that the Respondents did not have assets as they projected on media and through information available on public domain, which meant the purpose of arbitration will stay frustrated if the Respondents were dissolved or liquidated. Highly demotivating this may sound, no one in my team gave up. We sat down and decided to push the clients to dig down every single document and correspondence they have had with respect to the transaction with any party whatsoever. After days of fact finding, we found a tiny signature on a small letter which turned out to be a guarantee letter signed by another company (“Guarantor”) confirming to fulfill the obligations in the event the Respondents failed to do so. That was a victory. This led us to start chasing the Guarantor and their assets globally. This also required us to travel urgently to places which didn’t have great connectivity, but the lawyers were determined to find a solution no matter what. Spanning from approaching all our relationship in airlines to book us into the first flight available, to carrying a mini dictionary to use the local language as far as possible, we did it all.

     

    We approached local lawyers in these countries and requested opinions on the precautionary attachment of assets of the Respondents and Guarantor in their respective countries of incorporation. We may not be aware of procedures in their country, but we questioned every step, and it took us to be more than just the lawyers in UAE.

     

    On the basis of guarantee letter, we filed the arbitration proceedings; however, the Guarantors had also reorganized their company structure and privity of contract became one of the biggest points of discussion.  The arbitration institution was unable to serve the notice of arbitration to the Guarantor and instructed us that in the event we are unable to furnish them the address of the Guarantor, this will result in termination of arbitration proceedings since the party to whom the arbitration notice has not been served, may challenge the award and it may lead to setting aside of the award eventually.  Also, for us to initiate the precautionary attachment in several countries, the courts required proof that the arbitration proceedings have commenced. This led us to find “out of the box” ideas to procure the physical addresses of the Guarantor. We began to contact individually any and all directors, employees, members, officers and employees of the Guarantor on linked in to procure any information- we found heads up, we got some leads, and we worked on it further.

     

    This matter entailed us to not only sit behind our computers and churn out thousands of pages of written statement or correspondence with the arbitration institution. It took us to step out of our offices, talk, seek help, look around and to not give in to any limitation.

    What would be your advice to law students who want to become extraordinary lawyers going forward?

    The majority of us find the best-paying jobs and believe that’s the end of our chase. A powerful business card, a swanky office, and a pay cheque better than others- is all the consideration we put into while we decide our careers. The intellect, exposure, and strength you have, calls for bigger risks in a wider scheme of things. I personally also applied to big firms and would get demotivated if I was rejected. But I took a moment of solitude for a few days and challenged the way my peer would force me to be. I questioned- why should I restrict my capacity and give in to the trend created by everyone? I joined a small firm and I grew with it. It gave me opportunities to travel around and find my strong traits.  I pursued higher studies, strengthened my core competence, travelled beyond I could imagine, gained exposure, moved to UAE and joined a fast growing firm as a Partner- a firm where we think outside the routine, follow the market movements, expand intelligently and believe in bringing legal revolution. Today we refer legal assignments to those big firms where I once craved to be a small part for the want of the pressure created by others. This is just the beginning and years to come will see a remarkable difference in the way the legal profession has been perceived. Do not settle for the normal, do not believe what has been set as a trend is the end. Question beyond, answer more relevant questions and fight against the routine that has been decided by others for you. Come out of the closet and be the first mover. The trend is changing. I hear lawyers heading business and sales verticals of fortune 500 companies. I hear lawyers being the entrepreneurs and creating new and outstanding technologies to support legal profession.  I hear lawyers running online tutorials and reaching every corner of the world to provide access to legal education for the people who desire to learn but do not have resources to move to the cities and universities. I hear lawyers running successful training companies to teach innovation. Imagine if they settled for the “trend” and the best-paying jobs in their careers? We would never see the world growing into something so inspirational (having said that these risk takers earn a fortune).

  • Lavin Hirani, Head-Legal Affairs, Red Chillies Entertainments on law and bollywood and importance of IPR

    Lavin Hirani, Head-Legal Affairs, Red Chillies Entertainments on law and bollywood and importance of IPR

    Lavin Hirani, though not a Bollywood actor himself, is a star in his own right. The present Head of Legal Affairs at Red Chillies Entertainments Pvt. Ltd. (Shah Rukh Khan’s Company), he could very well be termed as a mega star in the field of Entertainment and Intellectual Property Rights Law. A graduate of the University of Mumbai (2007), as well as post-graduate from The University of Manchester (2009), he first started off his career as a Litigation Associate with Khaitan & Jayakar, soon moving on to work as a Media & Entertainment Attorney, first with Naik Naik & Co. Advocates, and then with Hariani and Company – leaving the position in August 2015 to join RCE.

    In this interview, he speaks to us about:

     

    Given that most of our readers belong to the legal fraternity, how would you introduce yourself to them?

    Hello, everyone. My name is Lavin Hirani. I am settled in Mumbai, and have been a practicing lawyer since having graduated from the 3 year LLB course in Mumbai University in the year 2007. I am thrilled to have been given this opportunity to share my modest experience of 8 years as a practising lawyer, with the legal fraternity and readers of Super Lawyer.

    I currently work as the Head of Legal Affairs at Red Chillies Entertainment, a film production studio based out of Mumbai since August this year, prior to which, I was handling the  media and entertainment practice at Hariani & Co.

     

    Having done B.Com from Mumbai University, what motivated you to choose law as a career from the same University?

    Well, I would love to say that it was an independent decision, however the truth is that I come from a family of lawyers, including my father, who is an active practicing advocate, due to which I was always intrigued by the profession of law. However, I was never sure of the field of law I wanted to specialise in, and therefore I involved myself with different aspects including criminal and civil litigation prior to deciding that I wanted to specialise in Intellectual Property/Copyright and Media Laws.

     

    Did you find that your law school education had prepared you sufficiently for the many tasks you were required to execute during your internships and later at your job?

    Well, the bitter truth about most of the law schools in India, except for a few of the highly rated national law schools, is that the education and the curriculum never fully prepares you for a career in law.

    Thankfully, I was informed about this by various friends and family members, due to which I went for a law internship even before I started my law education.

    Formal legal education in India can only prepare you so much to help you get an initial background of what the procedural laws / substantive laws in India are all about. The real education starts only once you engage yourself with real life cases, which enable you to realise the intricacies involved in solving the day to day issues faced by clients and how you deal with them.

     

    Right after graduating, you joined M/s Khaitan & Jayakar as an Associate where you worked for one year, and then went for an LL.M. Why did you decide to go for higher studies?

    I always wanted to pursue a Masters in Law. However, I personally believed that a Masters degree in law would have a greater impact and be more fruitful if I had some kind of practical experience as an advocate before I embarked upon any form of specialised education. And to my credit, it did work for me, as I was better able to imbibe the course and appreciate the finer nuances of law, including the subjects I wanted to specialise in.

    I would also like to add that there is no ideal time to educate yourself. Every opportunity is a good opportunity. I know of several colleagues who waited for 3-4 years after graduating law before enrolling in a Masters degree, and several who jumped into one directly after law school, so there is no real straight-jacket approach to a Masters degree.

     

    Tell us something about your LL.M year at the University of  Manchester (UOM), United Kingdom. How did this influence your career?

    There are various reasons why one may pursue a Masters degree, especially from a foreign university. Some of the reasons would be – getting a better position with their current employers/law firms, or as the first step in their journey to work and settle abroad, or better earning prospects, etc.

    However, the reason why I chose to pursue my Masters degree abroad, was to get a broader perspective in my chosen career path, and also to gain further expertise in subjects like IPR, Competition and Business/commercial laws, which I was really interested in, with an accredited university like UOM.

    Although I would like to believe that pursuing a Masters degree abroad did help me with my career, I wouldn’t say that a mMasters degree is a must for everyone, as the costs involved are huge, and it may not always directly co-relate to an increased compensation / better position at work once you are back in India, if that’s what one is looking for.

     

    Soon after Masters, you joined Naik Naik & Company and worked there for two years before joining Hariani & Co. How was your experience working there?

    As I said earlier, one of the subjects I had enrolled in during my masters abroad was intellectual property rights. Naik Naik & Co. was back then and even now one of the few law firms specialising in IP and Media laws and therefore was one of the law firms I interviewed with on my return to India.

    I started working at Naik Naik & Co. from July 2010 for a period of approximately 2.5 years, wherein I got the opportunity of being involved in all kinds of matters ranging from handling transactions related to media and IP related documents to criminal and civil litigation before various courts, commissions, tribunals, CBI, the Supreme Court of India, various High Courts across the country, etc.

    I was involved in several film industry related disputes between producers and broadcasters, guild issues,  issued faced by artists, copyright infringement cases, writ petitions, criminal litigation relating to film personalities, while also being involved in non-media related issues/matters pertaining to land disputes, company petitions, service tax, the Adarsh Scam, etc.

    As a law associate, this was one of the most exciting periods of my professional career back then, as I was engaged in multifarious kinds of litigation and transactions, which is extremely important for any junior starting out in law.

     

    Since November 2012, you started working with Hariani & Co. Tell us about the nature of work you’re entrusted with therein.

    Hariani & Co. is a full service law firm specialising in real estate, litigation, media & IP laws, with several media and film production companies as clients. Although I was really happy with the kind of work I was doing at Naik Naik & Co., I always had a penchant for transactional IP work, which I was missing out on, due to the humungous litigation practice at Naik Naik & Co. I was entrusted with.

    I joined Hariani & Co. in November 2012, and worked there till August 2015. During my stint at Hariani & Co., I was able to hone my skills and knowledge of IP laws, especially copyright law, due to the substantial film and television related transactional work I was entrusted with, including a fair amount of media related disputes/litigation.

    I would like to mention the name of Mr.Ajay Vazirani, Senior Partner at Hariani & Co., under whose guidance I was heading the M&E practice, where I was given full charge of all media clients including some of the biggest film producers in India.

    I have been fortunate to have worked with a great set of people at both Hariani & Co. and Naik Naik & Co., which I believe is extremely essential for any lawyer, as I believe that the only way one can develop and gain, is from learning from others, including juniors, in addition to keeping yourself abreast with developments in your chosen field of practice.

     

    You have specialized in IP law. What made you interested in the same? How would you suggestone can gain expertise in IP Law?

    As I said earlier, I was never sure of the field of law I would choose to specialise in, which I think, in today’s world, is extremely important, while also being competent and informed to deal with any other legal issues your client may face.

    I have had the opportunity, at various stages in my career, of dealing with all kinds of laws, including criminal, civil, real estate, commercial, tax, maritime, contracts, customs, etc. However, I, since my college days, have continued to be extremely enamoured with IP laws, especially copyright laws.

    One of the primary reasons I chose to specialise in media and entertainment law is that it is extremely dynamic and ever-changing, and continues to inspire me with so many issues being faced by authors and the industry, in general, especially pursuant to the vast amendments made to the Copyright Act in the year 2012, some of which issues, the film industry continues to battle with.

    In addition to having a special interest in copyright, I am also interested in commercial/business, and contractual laws, which I think is extremely important for any lawyer today. Except for a few branches of law, everything in today’s world is about business and contracts, where another important skill for a lawyer is drafting and negotiation, which also is something I strive to get myself involved with, and improved at, with each passing day.

    Further, I am not aware of how one can gain expertise in IP law, as I do not consider myself to be an expert. However, I believe the best way to get yourself to become an expert in any subject of law, would be to involve oneself with the constant practice of dealing with real world issues of the particular field of law you want to gain expertise in, and also by updating yourself with various developments happening in the said chosen field, including through court judgments, reports and industry specific notifications/updates on a regular basis.

     

    What are the primary essentials of an IPR lawyer? How might a fresh graduate work on building these skills?

    According to me, the essentials of a good IPR lawyer is knowledge of the acts governing copyright, trademarks, patents and designs, including laws pertaining to contract and specific performance, as most of the acts governing IP provide for the requirement of written agreements recording transfers, assignments and registration of IP.

    It is also good to have some basic knowledge of how litigation works in India, and not just procedural laws governing the subject, as it is very important for a lawyer to understand the difference between probability and possibility of issues arising from any particular clause / agreement negotiated by one, and moving forward accordingly. Every deal/transaction has its own modalities and specifics, and therefore good drafting and analytical skills are an absolute must for a lawyer, as this is something where many lawyers miss the bus.

    I have had the fortune of working with several accomplished lawyers as a junior, and from what I have learnt from watching them from a vantage point over the past several years, I believe the best way to learn for any fresh graduate is to be sincere and spirited, as the only way one can learn is through eagerness and hard work.

     

    What would be your advice to students interested in Intellectual Property Rights?

    My advice to anyone interested in IPR would be to follow your instinct. There is no right or wrong field in law. There may be ones that are more lucrative than the other. However, you may only succeed if you are interested, and have some form of expertise in your chosen field.

     

    IPR is also vast, with lawyers specialising in trademarks, copyrights, technology, and also as patent attorneys.

     

    You have recently joined Red Chillies Entertainment (RCE), which is promoted by Shah Rukh Khan. How did this shift take place?

    Due to my work profile, I was involved with various film production companies, and as some of you may know, RCE has recently adopted a major shift in its strategy towards being a full-fledged film production studio. Knowing my interest and aptitude with film related transactions, and not only as someone having a legal background and approach, but also someone interested in the business end of things, I was offered to join RCE to head the legal department, which, according to me, was an interesting opportunity at this juncture of my career.

    Having known the entire team at RCE, having worked with them closely since the past several years, it wasn’t a difficult decision to make.

     

    What all falls under your responsibility as Head Legal at Red Chillies? What are the primary requirements for such a role?

    I am engaged in the dual capacity of Head Legal of RCE, and also as a personal in house legal advisor for Mr.Khan’s personal endorsement’s and investments.

    However, in my role as the Head Legal of RCE, I am responsible for all legal issues faced by the company on a daily basis, including being responsible for all transactions pertaining to films produced, and various other IP controlled, by RCE, including acquisition, sale, licensing and distribution of films, brand associations, etc.

     

    Does specialization in IPR Laws, especially Copyright, help in such a work profile?

    Yes, it does. RCE being involved in the business of production and distribution of films, I deal with issues relating to copyright laws on a daily basis. However, in addition to the same, it is also extremely important for me to delve into various issues concerning the internal workings of the company, for which knowledge of employment and labour laws, corporate, sports, real estate and various other Indian and international laws, is also a must.

     

    What will be your message to those who aspire to join Bollywood as a lawyer?

    I won’t use the word Bollywood, as it’s an extremely restrictive term, and is used in reference to the film industry in Mumbai, only. However, the media and entertainment space is growing day by day, and furthermore, with the onslaught of entrepreneurial ventures and start-ups in the technology / ecommerce and entertainment space, there is huge potential for IP lawyers in the future, as long as they are willing to be striven towards, and genuinely concerned about IP laws, and not just the sugar coat of the media industry, which fades away in no time.

    As a parting note, all I would like to say is that in addition to having knowledge and experience, it is extremely important that one is pragmatic and enthusiastic about their chosen field of law, including understanding the importance of maintaining inter-personal relationships with fellow lawyers / colleagues, as law is one of the few professions where you are bound to interact, in some form or the other, with your past or present colleagues, seniors, juniors and others, over transactions, deals or some form of dispute/s, and therefore one must not ever under-estimate others or over-estimate oneself, as everyone you interact with will in some way or the other contribute to your being a better lawyer.

    Wishing everyone at SuperLawyer and its readers a very Happy New Year!

     

     

     

  • Shaun Star, Founder, Australia India Advisory and Australia-India Youth Dialogue on differential experiences of working in Indian and Australian law firms

    Shaun Star, Founder, Australia India Advisory and Australia-India Youth Dialogue on differential experiences of working in Indian and Australian law firms

    Shaun Star graduated in B.Com and qualified in Law from Macquarie University in 2011, he further went on to pursue BCL from Oxford the same year. His dalliance with the Indian legal system started off with his exchange programme from the NLSIU, Bangalore as a part of his curriculum at Macquarie. Shaun is the Co-founder and Chairperson of the Australia-India Youth Dialogue, Co-founder of Crosshack and the founder of an advisory practice – the Australia India Advisory. In this interview, he expounds on:

    • His experience as an exchange student at NLSIU, Bangalore and as a BCL student in Oxford
    • His time at Clayton Utz in Australia and Amarchand Mangaldas and the Law Offices of Nandan Kamath in India.
    • The importance of LL.M degrees, differential experiences of working in Indian and Australian law firms as well as the importance of cross border ties
    • His advice for undergraduate students interested in corporate law and lawyers hoping to pursue transnational careers.

     

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    Your book titled, “Australia and India: Comparative Law and Legal Practice” was recently released in New Delhi? Tell us more about it.

    I edited a book, entitled “Australia and India: A Comparative Overview of the Law and Legal Practice”, which compares the Indian and Australian legal systems. With forewords from the chief justices of India and Australia, the book comprises contributions written by eminent judges, barristers, lawyers and academics from both nations. The book was launched by the Attorney-Generals of Australia and India at the Australian High Commissioner’s residence in New Delhi and subsequently by The Honourable Michael Kirby AC CMG, former Justice of the High Court of Australia. It has been published by Universal Law Publishers, an imprint of Lexis Nexis.

    Each chapter of this volume has been co-authored by some of Australia’s and India’s top legal luminaries including the likes of Gopal Subramanium, Anand Grover, Haigreve Khaitan, Cyril Shroff, Pallavi Shroff, Shardul Shroff, Sumanto Basu, Madhurima Mukherjee, Nisha Kaur Uberoi and V Umakanth.

    This book is important not only because it provides a resource for those interested to learn about how these different regulatory regimes work but also because it promotes collaboration. Through this publication, I have been able to introduce many of the authors to each other for the first time – many of whom have started working on other projects together.

    More information about the book is available here.

     

    What do you think are the things India can learn from the Australian Legal system?

    Given the common heritage of our legal systems and the many similarities in the form and structure of our federal systems of Government, there are many more opportunities for people in both countries to learn from each other, establishing partnerships of mutual benefit and shared understanding. For example, Australia has undergone a cultural shift with respect to litigation procedures in recent decades, with a focus on efficient and cost-effective litigation. While the Indian judicial system has its own unique challenges – with the sheer size of India’s population – some of these procedures of case management which have been successfully implemented in Australia may be useful in the Indian context. Conversely, Australia can learn from India’s use of public interest litigation which has been a driving force of reform in certain areas of the law, such as in human rights, public health and the environment.

     

     Tell us about your experience at NLSIU.

    (Shaun’s first introduction to Indian law was as an exchange student at the National Law School of India University, Bangalore (NLSIU).)

    I was selected by the Australian Government to receive an Endeavour Award Scholarship (which is essentially Australia’s equivalent of the Fullbright Scholarship),which entitled me to study and work in India. I thoroughly enjoyed my time studying at NLSIU, where I had the opportunity to learn different aspects of Indian law.I also had the chance to meet some fantastic new friends, many of whom I have remained in contact with eversince.

    While studying at NLSIU, I chose a number of subjects which allowed me to gain an understanding of different elements of the Indian legal system. Two of those subjects were taught by NLSIU alumni who  had extensive experience as legal practitioners – I found these subjects (mergers &acquisitions and commercial arbitration) in particular worthwhile because of the nexus between academia and legal practice.

     

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    As an undergraduate student you worked at Clayton Utz, one of Australia’s top corporate law firms based in Sydney. How did you come across this opportunity? How was your experience at the firm?

    In Australia, many students work alongside their studies – this allows students to gain experience in law firms or other businesses (as a paralegal for instance) while still at university. Working whilst studying is often common for two reasons:

    • our degrees are more flexible, allowing students to shape their timetables around work schedules (or vice versa); and
    • living expenses as a student can be expensive and many students work alongside their studies in order to pay their way through university.

    I worked as a research assistant and paralegal in the international commercial arbitration group at Clayton Utz. In addition, I participated in the summer clerkship program at Clayton Utz which gave me experience in other practice groups (litigation, pro bono and on secondment to one of Australia’s major banks). Throughout my last two years of university, I worked two-three days per week at the firm.

     

    Tell us about your stint at the Law Offices of Nandan Kamath.

    During my time at the Law Offices of Nandan Kamath, I worked as a foreign qualified lawyer in the areas of sports, entertainment and intellectual property law. I had a fantastic time working with Nandan and his team. I was fortunate enough to be working there during the ICC Cricket World Cup 2011 – this was impeccable timing, given that the firm was engaged by the ICC to provide legal advisory services in connection with the event.

    During my time at the firm, I also worked with Copyright Integrity International, a firm which was engaged to establish and implement a rights protection programme for the World Cup. Through this combined experience, I therefore had great exposure to sports law during such a big international event.

     

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    You previously worked as a Consultant at Amarchand Mangaldas in New Delhi. How did you come across this opportunity? What were the key areas that you worked on at Amarchand?

    As a foreign qualified legal consultant for Amarchand Mangaldas, I worked on a number of domestic and international matters from across a variety of industries in the firm’s corporate advisory, mergers and acquisitions and private equity practice.

    I came across this opportunity quite fortuitously – I remember attending a lecture on Corporate Law in India by Shardul Shroff at Oxford University. After the lecture (during Q & A), I recall asking Mr Shroff about his perspective on whether he thought there was a place for foreign law firms in India. Following our short exchange at Oxford, I remained in contact with the firm and was offered a position as a consultant in the M&A practice. I thoroughly enjoyed the experience as it gave me great exposure to the corporate culture in India, working on a number of significant transactions over the 2.5 years that I worked there.

     

    How is it different from work at an Australian Law firm?

    The skill-sets acquired in working as a transactional lawyer are transferrable across different common law jurisdictions. Of course there are different nuances in the legal systems, which I had to learn when moving to India. Interestingly, I started working at Amarchand at a time when the new Companies Act was coming into force – so I was not the only one who had to learn how the new machinery of India’s corporate law regime functioned.

    It was also interesting adjusting to daily life in the context of an Indian law firm. In Australia, lawyers arrive at work by 8:30am and aim to leave the office at a reasonable time (although that is often not possible in the context of some transactions). In India, I was not expected to arrive at work until much later – although I would often find myself having dinner at the office with my colleagues.

    This was also due to the fact that the deal-flow in India is consistent and I have had the opportunity to work on numerous large and interesting transactions – there seems to never be a dull moment practicing corporate law in India in recent times. That being said, I always found time to catch-up with my colleagues at the local chai-wallah, a practice that I was not accustomed to in Australia.

     

    You pursued a BCL from Oxford. Is it true that an LL.M would help you only if you want to pursue a career in teaching rather than a career in the Industry? What is your take on the same?

    I disagree with the argument that an LL.M will only be beneficial for those pursuing a career in academia. Many successful lawyers and businesspeople in India and across the world have graduated with an LL.M. The opportunity cost of studying abroad for a year is that a young lawyer can spend that time working an extra year in a corporate law firm or as a litigator – but in my opinion, lawyers and advocates will be able to gain that practical experience in a firm throughout the rest of their lives. The experiences, networks and different perspectives that one can gain from pursuing an LL.M abroad is invaluable and serve you in good stead in your career as a professional.

     

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    Tell us about your involvement with the Australia-India Youth Dialogue of which you are Co-founder, and what it hopes to achieve in terms of Indo-Australian relations? Is law as a subject on the radar when it comes to AIYD?

    As Co-founder and Chair of the Australia India Youth Dialogue (AIYD), I lead a  team which organises an annual dialogue for a group of Australia’s and India’s most accomplished young leaders. The AIYD is the pre-eminent track-two young leaders’ dialogue between Australia and India. It aims to provide a sustainable platform for the youth of Australia and India to come together and foster an enduring partnership between our two great countries.

    Each year the AIYD brings together young Australian and Indian leaders, CEOs, Members of Parliament, journalists, policy-makers and athletes to discuss opportunities and challenges significant to the Australia-India relationship.

    Of the 150 young leaders who have participated in the AIYD to date, a number of delegates have been qualified lawyers. Many of these delegates have worked in corporate law practices and have had experience working with Australian and Indian clients in cross-border transactions. In addition, a number of these lawyers have policy interests in the Australia-India bilateral relationship.

     

    You have recently co-founded an organisation which aims to promote collaboration between young entrepreneurs in Australia and India. Can you please tell us a bit more about this?

    In collaboration with two former AIYD delegates, I am building a platform that will encourage young Australian and Indian entrepreneurs to collaborate on projects. The organisation, “Crosshack”, is still in its planning phase and we hope to roll it out in 2016.

    Essentially, Crosshack will bring together groups of entrepreneurs, designers and other young professionals from Australia and India who will meet in Australia or India and collaborate on innovative ideas to build next generation products and services. These ideas will be pitched at an annual conference and it is our hope that Crosshack will lead to collaboration between young entrepreneurs from both countries.

     

    Since leaving Amarchand, you have founded an advisory practice called Australia India Advisory, can you please tell us more about this.

    Running an advisory practice, I assist Australians to better understand business opportunities in Asia, particularly in India. I currently advise numerous Australian organisations (from start-ups to listed companies), assisting them with their entry and expansion into India. I have represented Australian companies across a variety of sectors, including education, energy and resources, professional services and technology.

     

    What advice would you give a law student or a fresh law graduate in order to succeed as a corporate lawyer?

    I think the key to success as a corporate lawyer are similar to that of any young professional in the professional services industry. While technical legal skills are important, nowadays the ability to clearly grasp difficult legal concepts and explain them in a concise way is only the first step. As a young lawyer, one has to be hungry to learn (both in terms of legal knowledge and other “soft-skills”). While it is important to work hard, it is equally important to “work smart” and learn the tricks of the trade from those more senior to you. The fantastic thing about starting out your career as a corporate lawyer is that you can see how many businesses operate across various industries – how they succeed and how (and why) they fail. I think it is important for a young lawyer to always try and see the bigger picture and constantly ask questions – by doing so, a seemingly mundane task like reviewing hundreds of documents in a due diligence process may be more rewarding in the long run.

     

    What advice would you give to Indian Law Grads who want to make a career as a Lawyer practicing across borders?

    My overarching advice would be to go for it! There is an increasing amount of opportunities for lawyers to gain international experience, even from within India. International transactions often involve either international clients or foreign counsel (or both) and you can learn a lot from the manner, professionalism and processes followed by these international lawyers.

    If you have an opportunity to practice abroad during your career, you should take advantage of the experience. The Indian corporate law industry is really competitive and international experience can set you apart from your peers. Applying for positions abroad can be difficult and the standards of applications and interviews are very high – invest enough time in your applications and résumés and seek advice from others who have worked abroad. If successful, work hard and learn as much as you can while working across borders.

  • Pooja Terwad, Founder, Nivaran Online on LL.M from Jindal Global Law School and practicing law

    Pooja Terwad, Founder, Nivaran Online on LL.M from Jindal Global Law School and practicing law

    Pooja Terwad graduated in B.L.S.LL.B from Mumbai University in 2012. Thereafter, she went for LL.M from Jindal Global Law School. She got an excellent opportunity to visit Maurer School of Law and work there as a Research Associate for a semester as a part of a fully paid scholarship programme from JGLS.

    She is a legal practitioner with expertise in Consumer Law, recently she founded Nivaran Online, a platform which proposes to end all consumer disputes. Let’s talk with her today on National Consumers Rights Day find what drives her to such social initiatives.

     

    Tell us a bit about yourself.

    I am a Mumbai girl, from an exceptionally well-educated family. Law is something I did not choose, but it happened by chance. It was only after working for a few years that I realised Law is my true calling. I have been associated with NGOs like Cheshire Home, Indian Development Foundation, and others since I joined Law. Working with the under-privileged made me stronger and determined as an Individual. The consistency I have seen amongst differently abled population has given me the courage to walk a little far and choose a way that is less travelled.

     

    How do you recall your graduation and LL.B days?

    I have been an average student throughout my schooling and LL.B days. It was only the desire to achieve something above average and to do something different than most of the law graduates, which got me into Nivaran. The experience of volunteering with Asia’s largest consumer organization, Mumbai Grahak Panchayat, and exposure to intern at Consumer International, Malaysia was a boon. All this experiences further resulted in Nivaran.

     

    Tell us about your professional qualifications.

    I completed my B.L.S.LL.B from Mumbai University in 2012. After that, I went for my LL.M from O.P. Jindal Global University, New Delhi. I have been awarded a gold medal for my academic performance and another gold medal as an award for the Law Leadership programme.

    I was fortunate to have got an opportunity to go to the United States of America on full scholarship, for pursuing my semester. After, I came back I worked with the Additional Solicitor General of India, Mr. Anil Singh at Bombay High Court. I also had the opportunity to work on serious matters like Adarsh Scam, Campa Cola, etc. under his guidance.

    It was in January 2015 that I started my law firm and at the same time began volunteering for Mumbai Grahak Panchayat under the mentorship of renowned consumer activist and Lawyer, Mr. Shirish Deshpande. I am thankful to him for the opportunity to attend a 14-day internship programme at Consumers International, Kuala Lumpur, Malaysia. The guidance of Ms. Indrani Thuraisingham, Head of CI, South Asian Region, has also been very helpful to me while setting up the process at Nivaran Online.

     

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    Please tell us about how you got the USA scholarship, and what all did it cover? What did you get to do in the States?

    I should thank Jindal Global Law School for my USA scholarship. I was enrolled in the two years’ LL.M course and had a keen interest in Intellectual Property Laws. I was the topper of the first year LL.M at JGLS, and hence, our Director chose to send me to the US for a semester at Maurer School of Law, Indiana University, Indianapolis. Although not an Ivy League college, this is one of the best public universities in the States with the most renowned IPR professors teaching there.

    There I got an opportunity to study Patent Law from Prof. Mark Janis, who is an immensely learned and globally renowned IPR attorney. My scholarship covered my entire tuition fees and a Monetary Scholarship of USD 4000. Apart from that, I also received a paid Research Associate position at the University.

    Also, I always wanted to work while studying and experience the high of being financially independent. I got the chance to do so while in the States. I did end up doing small jobs in the US and also worked as a Research Associate to professors. It was quite exciting.

     

    Did you think of pursuing your profession at the United States?

    More than professional reasons, I had personal reasons to come back. I am the only child, and I was not very keen to leave my parents alone in India in their aging years. And, I am strongly of the belief that, Indians have an incredible potential to transform the country with their innovation. It’s just that we need to overlook the Dollars, and have a strong sense of belief in our potential.

     

    What inspired you to start something like NIVARAN?

    While working for Asia’s largest NGO for consumer issues, Mumbai Grahak Panchayat, and working for their Consumer Guidance cell, I realised that NGOs in India work on a micro-economic platform. They do not have the expert resource to work for a single consumer, and get the dispute resolved as a matter of responsibility. Indian consumers needed an organization, where expert legal advice could be provided by lawyers. However, the same should be given at an affordable price. I wanted to establish an institution, where every “justifiably cheated consumer” gets a resolution without going to the courts.

     

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    Why do you think Society needs a platform like NIVARAN?

    Most of the times, an Indian consumer is left with two choices. Either “GO TO THE COURT” or “GIVE UP ON HIS RIGHT”. I feel both of them are neither viable nor justified. When the loss is of Rs. 25,000 to 50,000, a consumer doesn’t want to go to the court, as he will end up spending much more than the loss amount on lawyers and the judicial system. And ultimately, he gives up on his rights silently. I wish to change this scenario. Every consumer should get a resolution under every circumstance.

     

    What is your role in Nivaran Online?

    I am a founder at Nivaran Online, and I look into the Operation and Legal Area.

     

    What is Nivaran’s operational model? Where do you see Nivaran in five years down the line?

    With the kind of pendency and delay in Consumer courts, I wish to make Nivaran Online, a centralised platform for resolution of disputes, where brands, as well as consumers, operate on amicable grounds. We have associated with several Consumer NGOs in India, especially the ones founded by people who believe in swift resolution and are open to trying something new, rather than going the monotonous way. They divert consumer complaints from their areas, and we in return, help them with Honorary Funds so that they can further consumer welfare. I wish to tie-up with Organizations, Governmental and Non-Governmental, and ultimately provide the best aid to consumers.

     

    How difficult has it been as a litigator, have you ever faced any gender bias in the legal profession?

    Fortunately, I have never suffered any such bias till date. I have been lucky to have met people who judged me by my credentials, rather than my gender. I believe women have proved themselves beyond all doubts. It is true that we do not have many women entrepreneurs in the start-up world. But, male-dominated professions have never discouraged a woman from establishing her identity. So I am highly optimistic, that my gender will never be a hurdle in moving ahead.

     

    Don’t you think starting up with Nivaran can affect your mainstream profession?

    I have been in litigation for quite some time. I have my full-service law firm, in the name of Pooja Terwad & Associates. We were fortunate to have established ourselves pretty well without any previous legal background. However, I was always dissatisfied when I appeared in Consumer Courts.

    Even in my individual capacity, I ensured that before we go to the court, we try to settle the matter. I also encouraged consumers to argue on their own, if they could not afford lawyers’ fees. But, the highly technical procedures were often discouraging. So, I thought of moving apart from the monotonous and commercialized structure of Courts, help consumers resolve their disputes and charge them nominal fees, which did not exceed 10 percent of the loss value at any cost. So, I chose to do what courts do, however, without going to the court.

     

    What would be your message to our readers?

    I feel Indian lawyers are bogged down by competition, all they care is about “packages”. Very few of them wish to experiment, innovate and come up with something exciting which will help the society as a whole.

    Our youth I notice is pressurized to such an extent, with stereotypical opinions that he fears to try his hand at something new, something challenging. We are scared to get out of our comfort zone; we are afraid to struggle. We are afraid of failure, not because it would affect us, but because the society might not accept us with a failure tag. I feel we have taken the Society way too seriously. It’s time we do what we feel is going to make us happy and moreover do what we are meant to do.

    I would only urge to all of my friends that we have the potential; we just need to be creative and an out-of-the-box thinker.

  • Sagar Singamsetty, Senior Legal Advisor, on his decade long experience as in-house counsel in aviation sector

    Sagar Singamsetty, Senior Legal Advisor, on his decade long experience as in-house counsel in aviation sector

    Sagar Singamsetty did his undergraduate law studies from NALSAR University, Hyderabad in 2003 and his LL.M. in air and space law at the University of Leiden, the Netherlands, in 2006. Having a passionate interest in the highly niche field of air and space law, Sagar has, right since the beginning, fearlessly tread off the conventional track to do well in this field. It is because of this reason that he has continued to work for good firms and has climbed the ladder successfully, one step at a time. Currently the Senior International Legal Advisor for FedEx Express, he resides in Brussels, Belgium, he has also published a book on air and space law, ‘Contemporary Issues and Future Challenges in Air and Space law’ in 2011.

    He talks to SuperLawyer about:

    • His life at law school and how he started inclining towards the field of air and space law
    • His decision to join the Leiden University to pursue Masters
    • His general advice to students interested in air and space law but fear pursuing it as it is a highly niche field
    • His experience at a variety of firms and his work profile in each of them
    • His take on how to balance work and family
    • His future plans

     

    How would you introduce yourself to our readers?

    I would introduce myself as an airplane lover. It is my love for airplanes that gives wind beneath my wings to excel. Aviation is close to my heart and I am lucky to work as in-house counsel in this fascinating sector for 10 years now. I wanted to become a pilot but someone above had a different path chosen for me. Looking back, I can only be happy about the decision to take up law as my profession.

     

    What made you choose law as your profession? Is there anyone in your family who has been in the legal profession?

    Law was never my preferred option. I always thought law is for the intellectuals. If not for my father’s intervention at that time, which I see as a master stroke from him, I would not have chosen law as my profession. I am the first person in my family to graduate with a law degree.

     

    Tell us about life at law school. What subjects interested you the most while in law school?

    (Sagar went to the NALSAR University, Hyderabad)

    Being the first batch of Nalsar University, we had a great opportunity to build a legal institution of national repute. I am proud of what we did as Nalsarites over the years for the legal community in India and abroad. Yes, the first couple of years, infrastructure was very limited and resources were stretched to the maximum. Like in any new institution, the law school and its students had to go through an experimental phase that did raise questions, including the sustainability of the institution itself. Looking back, I can only say that the biggest advantage law schools like Nalsar University have is their students who come from all over the country. This brought a certain level of exposure which improved the overall experience of being in a national law school.

    I was an average student in the class and was just trying my best to get through the routine – exams, papers, presentations and internships every semester. Arbitration law, contract and property law, law and poverty, international law (public and private) and international trade law are some subjects that had my attention. It was in my international law class that I learnt this specific area of law relating to aviation and space sector. In my 4th year of law school I decided to work in aerospace sector and I was confident that given an opportunity to take-off in this niche area, I will touch the skies.

     

    How active were you in co-curricular and extracurricular activities? What kind of internships did you do as a law student? Did any of the internships have a special impact on you?

    Let me tell you this. My first 2 years were gone in trying to understand what I was supposed to be doing in law school. Then in my 3rd year, there was some sense of direction but still no clarity. It was only in the 4th and 5th years of my law school life that I started realizing the need to do more. Yes, I had a few papers to my name; did few internal moots to taste what they are like; and presented a few papers at conferences and seminars. In terms of extracurricular activities, I was part of the Hospitality and Disciplinary Committees. Nothing to boast about!

    When it came to internships, I made choices that helped me gain good experiences. I never missed an opportunity to do my internship along with studies. In each internship, starting with an NGO to a High Court Judge to practising senior lawyer in Supreme Court of India to a law firm that did aviation work, there was a lot to learn and experience outside the four walls of the law school and the law library. Of course, reading, understanding and applying legal principles to an issue at hand is important for us as lawyers. However, I observed that beyond these legal principles lay a fundamental aspect – the commitment to satisfy the requirements of a lawyer’s internal and external clients. The level of confidence you give to your client is a key performance indicator and this will determine your success as a lawyer (in-house or practising). This is a key take away point from all my internships in India and abroad (in UK and the Netherlands) and should remain a key take away point for any budding lawyer.

     

    What was the work like at International Legal and Trade Consultants?

    (Right after graduation from NALSAR, Sagar worked as a Legal Assistant at ILTC)

    I had an offer from ILTC and Satyam Computers (now called Mahindra Satyam) during the on-campus recruitment at Nalsar University. I chose ILTC (head office in New York) because it was a small law firm with a focus on corporate law and immigration laws, and my idea was to leave the job after a year to do my higher studies at Leiden University. ILTC, headed by Mr. Madhu Yaskhi (former MP Congress Party), was planning to set-up their legal support services company (LPO provider) in Hyderabad. It turned out that I did less of legal work and more of letter writing for and on behalf of Mr. Yaskhi, who decided during my time at ILTC to join Indian politics. As a fresh graduate I used to wonder if that is what I am supposed to be do in my job! I have to say, looking back, that accidental experience is what I am doing today as a full-time job in my role as regulatory affairs counsel in Brussels, Belgium. As someone said to me once, in law profession every experience counts.

     

    What made you decide to pursue Air and Space Law for your Masters? How did you decide upon Leiden University and what was your experience?

    This decision did not take place overnight. First, my passion for aerospace led to a decision at Nalsar University to pursue this subject; second, I worked hard to get decent grades in international law related subjects and wrote research papers in space law; and third, my determination to contribute something to the field of law that is ignored by many had driven me to take up this challenging opportunity and I believed there was a lot to explore.

    Only two universities (at that time), Leiden University and McGill University, offered a Masters level programme in air and space law. A European country was my preferred destination, therefore, McGill was immediately out of contest and I did not make an application as well. I learnt from my mentor and Head, Centre for Air and Space Law (CASL) at Nalsar University, Prof. Balakista Reddy, that some of the best teachers in this field of law are at the Institute of Air and Space Law, Leiden University. The program also gave an opportunity to do internship in aviation or space sector(s), which was a real bonus for a student to gain practical experience. So, Leiden University was without any doubt the best choice to pursue my studies in air and space law. Once I knew it will be Leiden University, I looked for scholarships available for Indian students. I was lucky to receive Huygens Scholarship from the Dutch government based on merit.

    During my studies at Leiden University, I was accompanied by a group of passionate supporters of aerospace industry who came from various parts of the world. We all had fun during our studies but never got out of focus from the actual goal we had individually set for ourselves. I had the opportunity to represent Leiden at the Manfred Lachs Space Law Moot Court Competition and also got elected to be the President of the class for the year 2004-2005. So, I did more than what I expected of myself and my overall experience at Leiden University was simply ‘superb’. Let me also tell you that today, we have a strong Leiden alumni network around the world where we share knowledge, experience and also assist the younger batches to find internships (if lucky, a job opportunity too). I have no regrets about taking the decision to join Leiden University and choosing to live in the land of tulips, the Netherlands.

     

    Most students who have an interest in the field of Air and Space Law hesitate to pursue Masters in this arena of international law owing to how niche it is, and how difficult it is to find jobs. What would you recommend to such students?

    There is definitely a degree of uncertainty with these areas of practice. Lot of people thought I was mad when I told them that I am interested to pursue this field of law. First question or the only question was who is going to employ you? Will there be any scope for you to practice this law in India? There was no answer to the query except for my self-belief that my decision will not fail me.

    Honestly, this is a difficult question to answer. Some term this as a super specialised area of law. In my opinion, areas like air and space law should not be seen in isolation. Yes, it is a niche area but if you combine this specialization with general subjects of law, like corporate law, commercial law, competition law, insurance law, tax law and others, the opportunities are endless.

    To anyone who wishes to pursue higher studies, I strongly recommend working for minimum two to three years after their undergraduate studies. This allows them to gain the required experience (learn how law works in practice) and the time to better understand their own interests in the field of law. There will be a huge difference when one makes a decision to pursue higher studies after a few years of gaining some work experience.

    For those who wish to pursue studies in the Netherlands, visit www.nuffic.nl to find out more about the courses and the scholarships that are available for students from India. Always remember that your rationale for choosing a university for higher studies should be either because 1) the course programme really interests you and you believe that the course will add value to your already existing knowledge (university ranking is not important here); or 2) the university is in tier 1 group. This means, the brand name and the alumni network will further your interests. Do not choose a university because someone told you or because of some ranking available online. It is an important decision in your life and make sure you evaluate all the options that are available to you and always try to get a scholarship even if it covers your costs partially.

     

    How did you gain employment at AerCap Aviation Solutions? What was your experience here like?

    (After graduating from Leiden University, Sagar worked at AerCap Aviation Solutions)

    I got an internship opportunity at AerCap as a student of Leiden University, which later turned into a job in their contracts team. AerCap is an aircraft leasing company having their head office in the Netherlands with a fleet of over 1,000 owned and managed commercial aircraft. I was a senior member of the Contracts Department for the Asia-Pacific Region that handled complex, high-value lease contracts for the regional airline clientele. The nature of the job was very international and the legal issues spanned various jurisdictions, which made my experience in the aircraft leasing sector all the more worthwhile. Leasing and financing of aircraft involves a great deal of collaboration between tax, finance, insurance, risk and legal. This cross-functional dialogue enhanced my knowledge of commercial aviation business in general and expanded my opportunities beyond aircraft leasing sector. It was during this time I decided to take a transfer test to qualify as a Solicitor in UK, which I successfully passed.

     

    You shifted to TNT Express. Why this move? What was the work like?

    Leaving an exciting job at a company like AerCap was not easy for me. It was a difficult decision but a decision that I had to make to further my own career. TNT is an express company that delivers goods ranging from documents and parcels to palletised freight. TNT having its own fleet of aircraft and ground vehicles provided me with the opportunity to expand my legal horizon beyond aircraft leasing. Cargo (or specifically express cargo) isn’t something that comes across as a fancy sector to work for legal professionals. I took the job because I always wondered why people were just fond of passenger sector when transportation of goods is equally important for the growth of an economy. I started as a Legal Counsel where my primary responsibility was to draft and negotiate contracts for the Sales, IT and Procurement departments.

    Given my aviation experience, I was later appointed as Senior Counsel at TNT Airways, the airline division of TNT Express. During this time, I worked on the purchase of B777 aircraft(s), wet leased and sub-leased aircraft, and aircraft maintenance agreements, amongst others things. Due to family reasons, I could not continue to work for the airline division and moved back into a different role in the head office of TNT. The role is completely different as I chose to become a Regulatory Affairs Manager for Europe dealing with Customs and Aviation Security related issues. In express cargo sector, customs and security issues are to be handled diligently to avoid any disruptions to the operations of the business. TNT was where I learnt about the express business and developed both my legal and regulatory skills.

     

    You have now been working as Senior International Legal Advisor at FedEx Express. What has the experience been like, thus far?

    After 5 years at TNT Express, someone came across my profile on LinkedIn and wanted to discuss about a position at FedEx Express. FedEx Express is the world’s largest express transportation company, providing fast and reliable delivery to more than 220 countries and territories worldwide. My role is to advise the management of the regulatory developments affecting or potentially affecting the operations of FedEx in Europe. The regulatory issues covered as part of my responsibility, to name a few, include international aviation regulations; customs and aviation security; export control laws and trade sanctions; and transport and environment. The range of policy and regulatory issues require a good understanding of our business model and especially about our operations across Europe and worldwide. Having moved to Brussels, Belgium recently I am also enjoying my engagement with European institutions in developing meaningful policies for our sector (transport sector in general).

     

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    In your opinion, what qualities should one imbibe in oneself if he wants to rise up the ladder as in-house counsel?

    Fortunately or unfortunately, I do not have the experience of working in a law firm (except for my experience at Clyde and Co. in their aviation department).  I have always worked as an in-house counsel and I believe these are the three qualities that one has to imbibe in oneself to build his career (either in-house or as a good lawyer):
    i) Honesty and integrity in business;

    • ii) Effective communication skills;

    iii) Empathy, especially towards co-workers.

    Apart from the above, it is equally important for an in-house counsel (or a lawyer in a law firm) to: 1) understand their business well; and 2) build their knowledge in other areas of law.

    To give you an example, I work with external counsel (law firms) around Europe who advise us on various legal and regulatory issues concerning our business. Despite their very good knowledge of law, I do not see any benefit of the advice given by external counsel if they cannot comprehend the business requirements.

    As to building knowledge in other areas, do not confine yourself to an area that your job description states. Be ready to accept any challenge that is given even if it is outside the scope of your practice area. In-house counsel should re-invent and adapt to the business requirements to be ahead of others. To give an example from my own personal experience, I started as an aviation lawyer and now I also work on customs (recently completed post-graduate diploma on customs law from Canberra University, Australia), security, and trade and compliance matters.

     

    Is the work and personal life balance manageable in Europe?

    I hear a lot and read a lot about this issue. Sorry but this is something an individual has to decide and it has nothing to do with the country or region of this world you are working in. It is this simple – a workplace or a country you choose to live does not provide this balance. You have to decide on your priorities in your life. Once you make your own preferences then this work and life balance will be an issue of the past. Yes, all of us do long hours because that is the nature of our profession but there are other things to do in life – sleep (this is the best I like) or playing sports or doing something that you feel happy about. Most companies based in Europe certainly help their employees lead a better life compared to other parts of the world. However, it is one’s own decision again as to where they wish to draw a line.

     

    What are your plans for the future? Would you consider entering the field of academia?

    I like what I do in my job and will continue to develop myself in the path I chose. Yes, academics certainly interest me but I’m not yet sure what part of the academia it will be: coaching, teaching or management! I worked as a Programme Coordinator at Leiden University; was appointed as team coach of moot court teams and was also appointed as Judge at Air Law Moot Court Competition that Leiden University organizes every year; published a book on air and space law, ‘Contemporary Issues and Future Challenges in Air and Space law’; and recently also appointed as Visiting Faculty at Nalsar University for their Air and Space Law programme. So, I’m never out of touch from academics and I commit myself to promote aviation or general transport sector out of my own interest and in my own time.

    My parents gave me the best education they could despite their financial difficulties, and my friends supported me in many ways during my difficult times to further my education. I have come a long way to be what I am today because of ‘education’. May be, I got lucky! We see a lot of people, especially kids, who still cannot afford to go to a school to get primary education in various parts of the world. I believe ‘education’ in some form or fashion should reach to one and all. My wife and I together have some plans, which we will certainly execute in the future. That is our wish and it will be our way of giving back to the society.

     

    What is the one advice you would like to give young law students?

    Be honest to yourself. Know your strengths and limitations. This understanding about yourself will help you make the right career choices.

     

  • Akshata Srinath, Associate (Foreign Lawyer), Dacheng Wong Alliance LLP, Singapore on Dual LL.M and work experience

    Akshata Srinath, Associate (Foreign Lawyer), Dacheng Wong Alliance LLP, Singapore on Dual LL.M and work experience

    Akshata Srinath graduated from Christ College, Bangalore University in 2011 and subsequently did a dual LL.M. course from New York University of Law (NYU) and National University of Singapore (NUS) in 2014. After having interned at several top legal firms of India, editing a journal at NUS and winning the Dean’s Award in her Master’s programme, Akshata is today working at the Dacheng Wong Alliance LLP, Singapore as an Associate (Foreign Lawyer).

    In this interview, she tells our readers about:

    • The importance of certificate and diploma courses for a law student
    • Her experience of successfully applying for a foreign master’s degree and getting the Dean’s Award at NYU-NUS
    • Working and writing for journals
    • Difference between the work culture in Singapore and India
    • Her views on entry of foreign law firms in India

     

    What was your motivation to study law? How did you come to choose Christ Law College for your law degree?

    I went through a lot of career seminars in secondary school to decide on what I really wanted to take up afterwards. Law seemed to be interesting and different. I attended few workshops for career counselling and realized law is not only about litigation (for me back then law meant going to the courts or being a judge), it showed me the corporate culture, NGO/pro bono work, legal editing work. Also at that time, my father was with ITDC Vigyan Bhawan where till date there are numerous events relating to different areas of law taking place. So he used to bring home materials, information and other details for me to read and therefore I was sure that I really wanted to pursue law as my career.

    Christ College Law was under Bangalore University at the time I joined. I did get in to a law school in Delhi, but going to Christ felt like coming out of my comfort zone which I still believe was a right decision. The campus is beautiful and a few friends who were already studying in Christ College, but in different departments, helped me take the decision. During my admission process, I also spoke to a faculty members which added to my motivation to choose Christ.

     

    You have interned with most of the top law firms in India. How did you go about securing internships at these firms? How was your experience with them?

    I have been lucky to have secured internships with some of the top law firms in India. I applied to the HR of the law firms, dropped reminder mails and few phone call follow ups to get the internships. My experience at every firm was different. I have interned with JSA in Bangalore and Gurgaon and was surprised to see how different the same law firm in different cities is. In Bangalore, the partner would directly come and give me work. I would be surrounded with lawyers so interaction level was surely high. But in Gurgaon office I found it impossible to reach the partner, because the number of lawyers was so much that you become less noticeable.

    I have always been given quality work, which involved drafting of few agreements and research work. I have made presentations for lawyers and attended few client meetings. I was given a good practical experience on how work is done in a law firm.

     

    Are there any extra-curricular activities you participated in during your 5 years at Christ?

    I did a couple of national and international moots but soon realized mooting wasn’t a good idea for me. I ended up taking part in parliamentary debates, Mock UN, presented papers in conferences and took part in national negotiation rounds. I have few publications in national and international journals. I also did some volunteering and legal aid work.

     

    Could you please describe to our readers the various Certificate and Diploma courses you studied, and the benefit you got out of them?

    I started doing certificate and diploma courses from my second year. I did diploma courses in corporate law and law of corporate mergers and acquisitions and certificate courses in dispute management and IP rights. I also attended the summer programme in international law by the Indian Society of International Law.

    Bangalore University law course is structured in such a way that we only get to read law subjects from the third year. So by doing these extra courses, you are clearer on a particular area of law. There is always a benefit in doing something extra. In my case, it helped me in bridging gaps in my knowledge. I knew a little more when I was making notes on research given to me in my internship. The extra knowledge also helped me in writing papers for publication, and a competitive edge. And lastly, resume for a fourth year or final year student looks good with extra courses.

     

    How did you secure a job upon graduation? What was the work profile like?

    (Upon graduation, Akshata joined as an Associate at the offices of KSB Partners)

    I applied to various law firms for job interviews and KSB Partners gave me this chance to work and grow with them. The work profile of KSB Partners was interesting. We did project finance and mergers & acquisition related work involving mostly drafting of agreements and preparation of due diligence reports including doing some research and giving legal opinions on the same. I couldn’t have asked for a better place to start working in the industry. This was because the areas of law were interesting and the Partners surely knew how to guide you through a particular task. I was fortunate to work with all the three Partners and receive knowledge and certain tricks from each of them.

     

    When and how did you decide to get a Master’s degree?

    I wanted to do Master’s but wasn’t sure when and how to go about it. One of my friends was applying to an architecture course in NUS for the year 2013-14 which made me think about Master’s. Also, I knew few friends who had been to NUS law so after getting information from them, checking few more details online, I discussed it with my parents and applied. I applied only to two law schools, one being NUS and the other being NYU Singapore.

     

    Can you please tell us about your experience applying for your Master’s degree? Do you believe it is more difficult for non-NLU students to get through into foreign universities?

    (Akshata pursued a dual LL.M. from NYU and NUS)

    Applying to NYU was a last moment idea and a hope that turned into reality. While researching for NUS Law School I did come across this unique course that seemed really fascinating. Submitting a statement of purpose was not required for NUS but in NYU they require SOP plus other documents like an essay for scholarship, a write up of experiences that you want to share with the admission committee, IELTS and TOEFL exams and the like. It was the most tedious fifteen days because I had to come up with a lot of documents. My parents played a huge role in this by reading every single document I was preparing for admissions. I asked few of my friends to read my SOP and I remember submitting the revised SOP no. 15 to the admissions committee.

    I don’t believe it is difficult to get into foreign universities for a non-NLU student. I have classmates, friends and juniors who are from non-NLU colleges but made it to elite institutions, some with scholarships. When it comes down to how to go about applying for universities, I believe it’s all up to how much you can open up to the admissions committee and how well you have spread your ideas in that one paged word document. As a very good friend and mentor for this process told me, “I don’t want to know what it is already there in your resume. I want to know what is beyond it, which is in your mind.”

     

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    Please describe to our readers the experience of studying at both these elite institutions.

    It was a great experience studying in both NYU and NUS. Our term started in May, so the first three months were purely for NYU subjects. The NYU faculties fly in to Singapore and the subjects we choose are taught for two or three weeks depending on their credit. It is a little intensive since the subjects are studied over these weeks without any break for three hours every day. In NUS, apart from the intensive subjects which follow the same pattern as those of the NYU, each course you choose is taught once a week for three hours. So the NUS way was a bit more relaxed.

    However, irrespective of the Universities, we have spent nights in the study room preparing for classes next day or finalizing papers for submission. I have been part of a week-long group paper submission, a 24 hour typed out exam, paper submissions, presentations, three hour exams, and even practical exams. I really learnt time management, prioritizing work and understanding how much was my capacity. Apart from studying, NYU and NUS celebrate certain festivals and occasions and arrange for guest lectures and alumni gatherings. Having classmates from all over the world helps you to develop personally, increases your patience and gives you lots of memories. In a nutshell, it was a great year of learning in every way.

     

    You have the experience of editing and writing for law journals. Please share your experience with our readers.

    (Akshata was the Student Editor at the Singapore Law Review)

    The Singapore Law Review (SLR) is managed exclusively by the students from the Law Faculty of the National University of Singapore. They have a two-step selection process which involves filling up of an application form along with submitting any article you have written. After being shortlisted they would call you for an interview. Being part of SLR mainly involved editing articles submitted by peers and also contributing write ups for their monthly newsletter. In India, I had never been part of an editorial board, I was always the one writing and submitting to the board. Therefore I can’t draw comparisons. However, it is more strenuous work than writing an article. Understanding and dividing the content of the paper as descriptive or analytic, grammar issues and citing concerns (most of us know them by the name of ‘bluebooking’), takes time and involves the need to understand what the writer has tried to convey through his paper.

     

    How valuable do you think the Master’s degree has been for you? How do you think it has added to you professionally and personally?

    Master’s has definitely been valuable for me. The whole experience changes your way to perceive and understand how a particular idea or in our case how a law works. Professionally I wanted to develop my career and my interest in corporate law, especially M&A, and this made me do my master’s.

    Master’s helped me to channelize the area that I wanted to expertise in. For me both my master’s degrees have indeed increased my knowledge, professional skills and even perhaps boosted my confidence. I gained a clearer insight into how the law firm industry works in Singapore, and through meetings with alumni I created invaluable contacts with some key people. You always end up learning something or the other from the university alumni meetings. Personally, I have made a lot of friends and learnt about various different cultures. It has changed my acuity and the way I look at things now is more logical and with a wider perspective.

     

    How did you go about achieving the feat of being awarded the NYU-NUS Dean’s Award?

    While preparing the documents for application, we had an option to apply for the scholarship as well by writing a scholarship essay. The NYU@NUS Dean’s Award is a merit-based award given to students who have demonstrated significant academic promise and/or achievement in their respective fields. With my offer letter, it was informed to me that I have been given the Dean’s Award. I am not in the position to explain how I was given this award, however, I believe with good scores one really needs to be involved in other co-curricular and extra-curricular activities. Whatever you do in the five years of law school definitely helps at a later stage.

     

    How did you join a reputed foreign law firm after your Master’s course?

    (Upon completing LL.M, Akshata joined Dacheng Wong Alliance LLP as an Associate [Foreign Lawyer]).

    I interned with Dacheng Wong Alliance LLP in the winter break. I continued doing some research work for the firm during my second semester with NUS. Due to my course structure, I had only three subjects that semester. This gave me enough time to continue with that work. And before the course got over, I was offered an opportunity to join DCWA. I now work for the South Asia practice of the firm.

     

    What is an average day like at a multi-national law firm like Dacheng Wong? Is work-life balance a problem?

    An average day in DCWA is involves attending to clients from Singapore and China and preparing draft agreements for ongoing transactions. Since Singapore is ahead of India in time, by afternoon after lunch, we need to cater to the Indian Clients. Most of the work is preparing agreements and providing legal opinion under Indian Law. Work-life balance is really not that difficult to maintain. The firm works on priority basis. So we try finishing most of our work during office hours, but if required, work has to be completed over the weekends.

     

    Do you believe that a Master’s is a must for lawyers seeking international exposure, and joining a foreign law firm?

    It is definitely one of the ways to seek international exposure but not the only way. For joining a foreign law firm, students in their final year can apply to foreign law firms under the training contract. However, to seek an international exposure study wise, doing master’s allows you to meet a variety of people, develop your understanding from a different view and gives you a wholesome development.

     

    How different is the work culture in Singapore from India? Are law firms in Singapore better managed?

    Work culture in both the countries is similar to each other. The difference is the fact that Singapore is open to international firms so this raises the bar for performance because of which there is a competition for giving out best results. Singapore also gives a wider scope in terms of involving a lawyer in laws related to other countries. I have myself been part of teams that work with the laws of most of the Asian countries apart from the laws of India.

    In Singapore, people are of different ethnicities, we not only dealing with Chinese clients, but also Malays and Indians along with Europeans and Americans. So work ethics differ from person to person. A person is expected to keep himself/herself updated. However, when it comes down to working, the 9 to 6 work hours are really not followed, which is something similar to the working style in India.

    Although international and domestic firms are organized and efficient in their deliveries and performances, the international law firms are better managed than the domestic firms in Singapore and India, since the headquarter is in a different country and managing the law firm worldwide needs specific staff with the right qualification. So the entire process becomes more crucial and highly scrutinized.

     

    What is your view on the entry of foreign law firms in India?

    Entry of foreign law firms in India is more of a tricky situation. I personally think it might be a loss for an Indian firm if a foreign law firm enters into the Indian market i.e. the foreign law firm is allowed to practice Indian law. There might be issues that established law firms in India could face starting with work culture. There is a basic difference on how transactions are handled in India as compared to other countries. I did find a difference in the training provided to me in India and the training I was given while working in Singapore. However, this is just my point of view. There might be a possibility that the foreign law firms actually help in the growth of the industry if they work together with the local firms.

     

    Would you have any parting words of encouragement for our readers who would like to follow your footsteps?

    My mom was the biggest inspiration during my testing times. She said one thing that I would like to share, “work hard for these five years, and then enjoy your remaining years.”

    Just do what you feel is correct. Explore your five years in a way that you don’t regret not trying any extra-curricular or co-curricular activities. One can utilize every semester break to intern, to do summer courses. Surprisingly, now I feel five years is less of a time to understand and achieve things. Law school is tough, it’s competitive but it is not impossible to utilize the time spent in law school successfully. It’s been a few years since I graduated from Christ College and now when I look back, I know I have come a long way. And the pain was all worth it.

     

     

    This interview was taken by: Amish Aggarwala, Advocate, Delhi High Court