Super Lawyer

Category: Partners, General Counsels and Senior Advocates

  • We all lawyers are fortunate that ‘skill’ is paramount and most valuable factor to be successful and survive in the legal industry- Ambuj Sonal, M&A, PE & VC, IBLJ Future Legal Leader, Forbes Legal Powerlist ,Next Generation Partner-The Legal 500, Associate Partner at Link Legal

    We all lawyers are fortunate that ‘skill’ is paramount and most valuable factor to be successful and survive in the legal industry- Ambuj Sonal, M&A, PE & VC, IBLJ Future Legal Leader, Forbes Legal Powerlist ,Next Generation Partner-The Legal 500, Associate Partner at Link Legal

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    How did you end up pursuing a career in law, and what inspired you to specialize in corporate and commercial law, M&A, joint ventures, private equity, exchange control and foreign investment?

    I completed my schooling from a very small town, Bokaro in Jharkhand. I was a science student until my 12th Board, however, I did not find interest in continuing with science and was hoping to change my stream. I started applying for journalism courses in Delhi and thought that this career path is the most suitable for me. I came to know about National Law Schools through my brother and decided to explore both journalism as well as law. I got selected for both, however decided to opt for law.

    I was selected for an internship in 2011 with DH Law (which merged its practices with Link Legal in 2016). During this internship, I worked on a lot of assignments relating to M&A, joint ventures and researched a lot on companies, businesses and regulatory issues. This created a vast interest in continuing in the same field and I was fortunate to receive a job offer from DH Law, Mumbai, post completion of my B.A. LL.B.(Hons.) in 2012. While I was ready to start my career in any given practice area, I found interest in this particular area after I was involved in all the stages of an acquisition deal in 2013. Thereafter, I decided to continue this area of practice.

    Can you walk us through your experience working as an Associate at DH Law Associates and Senior Associate at Link Legal, Mumbai? What were some of the challenges you faced, and how did you overcome them?

    I started with DH Law as an Associate in 2012. It was a smaller set up with great mentors. I had an opportunity to work on various assignments including deals, international arbitration, litigation as well as advisory. The challenge at the initial stage was to learn by yourself and deliver in time. As a fresh graduate, who had no experience of even an internship in a bigger law firm, the major challenge was to meet the quality of deliverables with market standards. With the guidance of the partners of DH Law coupled with my own passion and hard work, I think I was able to meet the required deliverables. Once a law student is required to work as a qualified lawyer, the main challenge is to understand the right issue involved in any assignment. Framing of the right issue is challenging initially, however, if you learn that art, you will succeed in profession.

    DH Law merged its practices with Link Legal in 2016 and I also became a part of Link Legal and worked as a Senior Associate. The main challenge of a Senior Associate is to own the assignment, lead the transaction and simultaneously start training the juniors in the team. Delegation is the key when you take up major responsibilities. There are always late working hours depending upon the work load, however, you need to put that extra effort and concentrate on your value addition on the entire transaction.  

    As the Deputy General Manager (Legal) at Lodha Group, how did you manage to handle the legal responsibilities for one of India’s largest real estate developers? What were some of the significant projects you worked on, and how did you add value to the company?

    The decision to move to Lodha Group came after a lot of thought where I wished to experience the challenges of an in-house counsel. I would say that the legal team in Lodha Group consisted of one of the bests lawyers whose professional approach was top notch. As an in-house counsel there are several challenges with more accountability on whatever you advise and strategies for the company. Lodha Group is one of the largest developers and were in the phase of expansion which required a lot of investments, joint ventures and commercial arrangements with big real estate funds, investors and banks. During my time at Lodha Group, I worked on assignments including setting up of infrastructure park, structured financing deals, debt investment assignments and joint ventures on regular basis. I think my transactional experience working with DH Law and Link Legal helped me to add value in these transactions and achieve the objectives of my team in timely manner.

    You have been recognized among the top individual lawyers for corporate and commercial law in the Forbes India Legal Power List 2021. How did you achieve this recognition, and what advice would you give to young lawyers aspiring to follow in your footsteps?

    I felt delighted and humbled after being recognized by Forbes India amongst the top lawyers (less than 10 years’ experience).  There was no planning to achieve this, frankly, it happened due to the visibility and experience you gain in the market. The client’s feedback is of utmost importance in any feet you achieve. Post this recognition, in 2022, I have also been named as a ‘Future Legal Leader’ by India Business Law Journal and as a ‘next generation partner’ by Legal 500. All these recognitions come only when you are recommended by your clients which means that you have to give your hundred percent on whatever assignments you are working on. A piece of advice to the younger lawyers would be to focus on quality of your deliverables and automatically your visibility and client recommendations will increase.  

    Can you describe your role as an Associate Partner at Link Legal, Mumbai, and the most exciting projects you have worked on in this capacity?

    As an Associate Partner at Link Legal, Mumbai, my role is to work as a leader of assignments within the team, be responsible for client deliverables, business development, managing your resources and work allocation. Some of the exciting transactions that I have worked in this capacity are –

    • Advised Auctus Advisors and its shareholders on its acquisition by YCP Solidiance International, a subsidiary of YCP Holdings, which is a company listed on the Tokyo Stock Exchange.
    • Advised JSW Foundation in setting up of the Skill India Impact Bond, a first of its kind and India’s largest impact bond, launched by the National Skill Development Corporation (NSDC). The other funding members of the SIIB includes, British Asian Trust, the Michael & Susan Dell Foundation, the Children’s Investment Fund Foundation, HSBC India and Dubai Cares, with FCDO (UK Government) & USAID as technical partners.
    • Advised Doncasters Group of Companies in relation to the Indian element of its global acquisition of Uni-Pol Group of Companies.
    • Advised Howen International Fund SPC, a Cayman Island fund, in its pre-series A investment in Sundaravijayam Automobiles Services Private Limited (known as Ready Assist).
    • Advised Almas Global Opportunity Fund SPC, a Cayman Islands based fund, in its investment of approximately USD 4 (Four) Million through primary and secondary investment in Jupitice Justice Technologies Private Limited, a justice technology company based in Chandigarh, India.

    How do you keep up with the constantly evolving legal landscape, and what resources do you rely on to stay informed about the latest developments in your field?

    There are several ways to keep yourself updated. The first and foremost is to read the newspapers every morning. Newspapers capturing the business updates are very crucial and reading articles provides you with the sectoral knowledge and the relevant updates. As a transactional lawyer, you need to religiously start your day by visiting three important websites of the regulators – Ministry of Corporate Affairs, Securities and Exchange Board of India and The Reserve Bank of India. This habit will keep you updated in this constantly evolving legal landscape.

    What advice would you give to the young professionals who are at the struggling phase of their respective careers?

    It is important for young professional in this field to learn as much as they can and develop their skills as a lawyer. We all lawyers are fortunate that ‘skill’ is paramount and most valuable factor to be successful and survive in the legal industry. This is a knowledge-based industry and if you have the knowledge, you will keep getting the work and keep growing in the legal industry, irrespective of your personal/professional background.

    Get in touch with Ambuj Sonal-

  • I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future- Gaurav Singh Bhatti, Partner – Dhillon & Bhatti Lawyers Professional Corporation

    I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future- Gaurav Singh Bhatti, Partner – Dhillon & Bhatti Lawyers Professional Corporation

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Hi Gaurav! Before getting into the big details, can you tell us why you chose law as a career? Has it been a lingering childhood ambition?

    Since childhood I had a natural inclination towards law as both my parents are in the legal profession. I have always been motivated seeing their commitment towards law and administration of justice. Practice of law is such that in one matter a lawyer would be assisting clients in complex civil or transactional matters and in another matter a lawyer would be instrumental in protecting the lives and liberties of individuals. I am of the belief that as lawyers we can make a positive impact in our society at large and this motivated me to pursue a career in law.   

    Can you throw light on your practice pertaining to Commercial and Residential Real Estate transactions and Corporate-Commercial Practice?

    Our Real Estate practice revolves around acting on behalf of clients in acquisitions of land, developmental projects, commercial properties, multi-unit and single-family dwelling units. We also represent clients in institutional and private financing transactions.

    As a part of our Corporate-Commercial practice, we assist our corporate clients in the acquisition and disposition of shares/ assets, franchise agreements and business purchases. We also advise health care providers on matters ranging from acquisition of existing medial practices, incorporations, partnership agreements and regulatory and licensing matters.

    As we grow, we are also expanding our practice areas to include Immigration Law specific matters as well.

    Many budding law graduates intend to pursue LLM abroad. Can you describe your journey from Army Institute of Law (Affiliated to Punjabi University) to Osgoode Hall Law School, Toronto. What motivated you to pursue your LLM in Canada?

    During my time at law school, more and more law graduates began to pursue higher education abroad. With most of my internships and past experiences centered around litigation and adversarial system of law in India, the premise of gaining experience on how law is practiced in foreign jurisdictions seemed exciting to me. When I did my research, I was intrigued to learn how pursuing Masters at reputed universities would enable candidates to learn how law is practiced and applied in foreign jurisdictions.

    With that in mind, I applied to two Canadian Universities. I received an offer from Osgoode Hall Law School (York University, Toronto), which is the second oldest law school in Canada and because of the stimulating academic environment and diverse course offerings of the graduate program, Osgoode had always been my first preference.

    How did your education and internship experiences in India play a role in shaping your career as a lawyer now in Canada?

    During law school, I interned at the Punjab & Haryana High Court and District Courts to learn how litigation practices are managed. I also interned at a tier-1 law firm in Delhi in their General Corporate practice to get an insight on how legal support services are provided to corporate clients. I believe experience in both litigation and corporate setup is essential to ascertain one’s true calling in law.

    These days most of the premier law institutions abroad prefer candidates with prior work experience for admissions to graduate program. When I applied, it was not the norm but candidates with prior experience were preferred. My family and faculty at Army Institute of Law encouraged me to take a leap of faith and apply. In my statement of purpose to the foreign universities, I explained how my internship experiences enhanced my understanding and application of law in theory and in practice.

    Can you give our readers a glimpse of your experiences as an Articling Law Student at Mississauga?

    In Ontario, the Law Society mandates that prior to being admitted as a Barrister & Solicitor, licensing candidates need to work under the supervision of a lawyer for around 10 months (articling) or complete a law practice program. I articled at a boutique law firm in Mississauga focusing on Real Estate, Corporate and Immigration Law. During my time at the firm, I gained hands-on experience on how to manage files and develop a resolution-oriented approach.

    What do you think are best areas of practice for Indian law graduates seeking to establish themselves as lawyers and solicitors abroad?

    In most western countries, lawyers usually practice as specialists of one or two areas of law. General law practices are prevalent but not very common. I am of firm belief that one must choose an area of practice based on what they are passionate about. I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future.

    Can you describe how your normal work day would be like at Dhillon & Bhatti Lawyers Professional Corporation?

    Our firm is open on weekdays from 9 AM to 5:30 PM. We are a team of two lawyers with support staff. We usually start our day by attending to tasks that require immediate attention. Client meetings, appearances and important deadlines are marked in our digital calendar. I make it a point to go through my schedule for the next day one day in advance so that I am able to manage work seamlessly the next day. Depending on workload, sometimes we need to work on weekends and afterhours on weekdays. Most of our work has crucial deadlines and time is of the essence in corporate and real estate transactions. We usually host team lunches on Friday evenings to end the work week on a lighter note.

    What are the qualities and talents you would look out for in an intern or fresher you would recruit for Dhillon & Bhatti Lawyers Professional Corporation?

    I believe strong analytical skills and resolution-oriented approach is essential. Our clients are either billed hourly or a flat fee retainer is settled. In either case, time management skills are of value as lawyers usually work on multiple matters in a day.

    Can you share your advice and words of wisdom to young budding lawyers aiming to set up their legal careers across borders?

    Persistence is key and there’s no substitute to hard work. In our line of work, for continuing professional development, devoting time every week towards reading and keeping abreast with new developments in law is absolutely necessary. When it comes to practice of law, a healthy balance must be maintained when it comes to being empathetic and motivated towards the clients cause and a lawyers duty towards the courts in administration of justice.

    Get in touch with Gaurav Singh Bhatti-

  • No dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that- Tamal Mandal, Partner, Luthra and Luthra

    No dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that- Tamal Mandal, Partner, Luthra and Luthra

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    To start this conversation, please tell us your motivation behind pursuing law.

    I am from that era when engineering or medicine were the preferred career choices. Hailing from Kharagpur, with the IIT KGP – a stone throw away – the expectation was that I would sit for the JEE. However, it was a chance discussion before the Class 12 board examination with a friend who wanted to pursue law as a career option that piqued my interest in the field.  

    From there, I started my internet research and mind you, at that time around 2004, there were only a handful of National Law Schools (five to be precise). I narrowed down on NUJS, Kolkata and NLSIU, Bangalore. As compared to now, there was not much information available online or offline regarding career options after graduating or even what to expect in the 5 years that I was going to devote in studying and hopefully enjoying my university life. Having decided to become a first-generation lawyer, I took the plunge and appeared for the NUJS entrance test in January 2004 and then the NLSIU test over the summer. To my surprise, I made it to NUJS and the result filtered in just prior to writing my final paper of the ISC (Class 12) board examination. There has been no turning back since then.

    You have extensive experience in international and domestic arbitration, WTO dispute settlement, and commercial litigation. Could you tell us about a case that you found particularly challenging and how you managed to resolve it?

    To my mind, the best part of being a disputes lawyer is the wide array of dispute related work that I have done over the years. Whether it is litigation or arbitration or WTO dispute settlement or investor-state dispute, I can safely say that the core premises more or less remain the same.

    That said, if I have to choose one challenging case that I have worked on in the last 14 years, it has to be an arbitration dispute where I had a tough ask to resist the enforcement of a foreign award rendered in Singapore in an international commercial arbitration from being enforced in India. The client having failed in getting the award set aside in Singapore (which was the seat of the arbitration and whose courts had jurisdiction in setting side proceedings) wanted to contest the enforcement petition filed before the Delhi High Court. I had to work with very limited grounds as Part II of the Arbitration & Conciliation Act, 1996 does not provide a wide latitude when it comes to opposing the enforcement of a foreign award. Nonetheless, basis research on the party who had filed for enforcement, some novel arguments on contravention of public policy were formulated and advanced as that party’s (i.e., the claimant in this case) name had been struck of the register of companies by the Registrar prior to the filing of the enforcement petition. In other words, the argument was that an enforcement petition could not have been filed by a non-existent entity and granting enforcement would be contrary to the public policy of India. This is turn led that party to file an application for restoration of the name of the company in which my client filed an application as an intervenor. Eventually, with all the lawyering and proceedings, both the parties opened talks with a view to negotiate a settlement.

    What are some common misconceptions people have about international commercial arbitration? How would you address these misconceptions?

    Arbitration as a mode of dispute settlement has been well received since the days of the Alabama arbitration in 1872. I don’t think there are many disagreements as to the value and efficacy of the process given the amount of party autonomy that is vested and from the fact that a wide variety of disputes (commercial, investment, trade, maritime, etc.) have been resolved using arbitration.  

    That said, no dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that. To my mind, the most common recent criticism or misconception (if I may equate the two) concerns the costs of running with an arbitration. From the arbitrators fees to counsel fees to institution fees, it is true that there has been an uptick in the cost that a party has to bear in choosing to arbitrate a dispute. However, I believe that the cost aspect is often offset by the efficiency of the process which can lead to an arbitral award in a much shorter time frame compared to national court proceedings. Second, “well managing” an arbitration is partly in the hands of the parties and their counsels, and this can bring down costs, for example, agreeing and respecting timelines, having a document only arbitration when the claims are simple and evidence is not required, etc.

    Another common misconception is that a party nominated arbitrator means you have someone on your side. The fact that arbitrators, whether it is the presiding arbitrator or the party nominees, have to be impartial and neutral is the bedrock of arbitration and to expect anything to the contrary is equivalent to discrediting the process itself.

    Lastly, the so-called “standard” arbitration clauses from the past are fast losing their relevance. With the blinding evolution of the laws and processes in international commercial arbitration, having a tailor-made arbitration clause in a contract/agreement that is being negotiated is a must to not only safeguard a party’s right but also add to the efficiency of the process when a dispute materialises later from the performance or non-performance of that contract/agreement.    

    You have worked with the WTO as a Dispute Settlement Lawyer in the Appellate Body Secretariat. Could you explain to us the role of the Appellate Body and how it works within the WTO dispute settlement system?

    The World Trade Organization (WTO), as many of the readers may know, is an intergovernmental organization based in Geneva, Switzerland that was established in 1995 and deals with rules of global trade. While one function of the WTO is to negotiate new rules on global trade, the other main function is to resolve disputes between Member States arising from the interpretation and application of the WTO treaties.

    In a first of its kind in the international arena, dispute settlement at the WTO was designed as a two-tiered system. To begin with, if a dispute is not resolved amicably in consultations, a panel of experts (simply called a panel) then decides the dispute that is brought by one WTO Member against another WTO Member alleging that the latter has violated or acted inconsistently with the treaty obligations it took upon itself. A panel issues a ruling which is called the Panel Report. The losing WTO Member has the right to appeal a Panel Report to a standing body of 7 experts who comprise the Appellate Body which at the time of its creation was termed as the jewel in the crown of the WTO. Each Appellate Body Member is appointed for an initial term of 4 years and can be extended for a second 4-year term.  

    The Appellate Body is therefore the final arbiter of disputes between WTO Member States and hands down decisions that are binding upon the litigants. The Appellate Body has the power to consider questions of law raised in an appeal and then to uphold or reverse or modify the panel’s ruling. Each appeal before the Appellate Body is handled by a division of 3 Appellate Body Members in accordance with the timelines prescribed in the WTO Dispute Settlement Understanding. The Appellate Body Members are ably assisted by the Appellate Body Secretariat comprised of lawyers and support staff.

    However, since late 2019, the Appellate Body is no longer functional owing to the United States blocking the appointment of Appellate Body Members. Talks are continuing in Geneva on how to resolve this crisis that requires consensus of all WTO Member States. In the meantime, for those who are wondering as to what is happening to any appeal that is filed, sadly panel reports that have been appealed since 2020 are lying still without any adjudication.  

    You are skilled in providing input into policy framing, strategic planning, and decision making. What are some of the challenges you have faced when advising clients on these matters?

    Much of it depends on who the client is. For instance, when the client is a sovereign government, the considerations and challenges are slightly different. In advising Ministers and policy officials who may want a particular policy to be in place, one has to carefully balance articulating the magnitude of legal risk in having such a policy and what could happen if the policy was to be successfully challenged. In such instances, while there may be commercial considerations, the other important consideration is to carefully consider the larger public interest as well reputational risks in having such a policy in place. Thus, there is an inherent balancing act that a lawyer has to perform between, on the one hand legal risks and, on the other, the policy rationale.

    When I have to do the same for a private client, commercial and reputational considerations become the key. And then I have to be upfront about the uncertainty of what may result from litigating/arbitrating a matter vis-à-vis costs of pursuing it, commercially as well as reputation wise. Let me give you an example, while arbitrating a dispute can result in an award relatively quickly, one has to also consider how best to enforce that award, where to enforce that award and how long will that process take. When such considerations are put forth before clients, they appreciate and take that on board and more often than not involve the layer in making a final decision.      

    You have a Master of Laws (LL.M) in International Dispute Settlement. What inspired you to pursue this field of study, and how has it influenced your career?

    From my early days in NUJS, I was pretty certain that I wanted to be a disputes lawyer. So, when I started out with the dispute resolution team at the erstwhile Amarchand & Mangaldas in 2009, I was exposed to a wide variety of proceedings before different forums – from the Supreme Court to district courts, from arbitration to mediation sessions, criminal proceedings, etc. And these varied experiences set off a spark in me to explore the field of international dispute settlement, like proceedings before the International Court of Justice (ICJ), state-to-state dispute settlement at the WTO, investment treaty arbitrations, etc.

    Thus, the MIDS or the LL.M. in International Dispute Settlement offered jointly by the University of Geneva and Graduate Institute of International and Development Studies became the natural choice given the stellar teaching cast and its location in the heart of the practice of international law and diplomacy.

    Be it public or private international law, MIDS provided me with an unparalleled experience in the field of international disputes. The MIDS was pivotal in my subsequent journey as an international disputes lawyer. It provided me with the platform to pursue an internship with the Appellate Body Secretariat which later materialised into a full-time position as a dispute settlement lawyer. My time at the Appellate Body Secretariat was thoroughly exciting given the types and kinds of disputes that came up for consideration at the WTO in addition to the lifelong friends I made while working there. The WTO stint in turn set me up for a position with the UK Government in London to work on UK’s international disputes engagements prior to my return to India where I am currently a Partner in Luthra and Luthra’s dispute resolution practice.

    Lastly, what advice would you give to young lawyers interested in pursuing a career in international trade law and dispute resolution?

    From my experience thus far, I can perhaps offer a couple of insights: first, do try and pursue higher studies from an institution and subject of your liking whether it is in the United States, the UK or mainland Europe or anywhere for that matter. I found my year of reading the LL.M. to be fulfilling not only in terms of what I learnt but also in terms of meeting new people, making new friends and getting to know different cultures especially when batchmates come from across the globe.

    The second piece of insight I have to offer to young lawyers is not to super specialise early on in your legal career. If somebody is interested in dispute resolution, try working on as many aspects of it that you can i.e., do court litigation, do an ad hoc arbitration, do an institutional arbitration, try your hand at tribunal litigation (for example before the CESTAT, NCLT) and better still work on a criminal law matter before the trial courts. Take my case, over the years, I have been lucky do all of the above and that’s why I always consider myself to be a generalist disputes lawyer which I believe has helped me tremendously in the varying roles that I have taken up the last 14 years.

    Get in touch with Tamal Mandal-

  • I believe that more minds need to understand and work on laws to govern emergency technology – Lynn Lazaro, Partner and Head of IP, Kochhar & Co., Bangalore

    I believe that more minds need to understand and work on laws to govern emergency technology – Lynn Lazaro, Partner and Head of IP, Kochhar & Co., Bangalore

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Ma’am, as a conversation starter, please tell us reason behind you choosing law as a career? 

    I don’t come from a family of lawyers, so choosing law as a profession wasn’t the typical choice at the time. Law as a career played to my strengths. I was generally a curious child and I enjoyed reading, with a strong sense of self and wanting to do what’s right. Being a lawyer seemed like something I would enjoy for the rest of my life, and I still do 17 years later.

    Could you please elaborate your role as a cross border IP transactional attorney? 

    I assist foreign businesses that want to protect their IP in India, from identifying their IP assets to developing a strategy on how to protect this IP. This could range from a simple trademark or patent filing to a complex contentious dispute. In the transactional space, I assist international companies doing business in India by helping them negotiate the purchase or license of their IP assets. IP law in India has certain nuances that differ from other jurisdictions, particularly with the transfer of IP assets from one entity to another. My experience with these types of transactions has allowed me to provide very specific advice to companies where innovation is part of their business structure.

    How was your experience as a teaching assistant at La Trobe University? And what were your learnings from the same? 

    While I did my masters at university in Melbourne, I got a part time job as a teaching assistant in the same university. The role was to teach third year business students the Australian Corporations Law module. I would take the class with around 100 students in groups of 10-15 a class and go over their class work. It was pretty apparent from the start that these business students had no interest in law and were compelled to take the class as part of their business studies. So, I would set them interactive assignments, like play acting the cases that I needed them to remember. It was the most fun job I’ve had in my life. My biggest learning was not to take life too seriously and that work can be lots of fun.

    What keeps you motivated at work? 

    Motivating oneself is simply perspective. You can look at it as long shifts and mental exhaustion or you can feel the satisfaction of helping a client or winning a case. I choose the latter and that motivates me to put my best foot forward every day. Another huge motivation for me is to explore areas of law that many are afraid to touch, like the Metaverse and AI related concerns. This isn’t brand new; I’ve been watching and learning about this space for a few years now. I believe that more minds need to understand and work on laws to govern emergency technology. I’m very excited for the future.

    How do you spend your time off? 

    Like any other working parent, most of my time off is spent with my kids and their activities. It’s a balance of doing chores and spending time with the family. I have two daughters who will grow up to join other powerful women in the workforce. I am reminded daily of my duty to ensure that I lead by example.

    Coming to last question, any advise you would like to give to the budding lawyer out there?

    I’ve noticed lately that new graduates want jobs in one specific field of law right out of law school. Real world experience is needed for overall growth as a lawyer so my advice to new graduates would be to explore working in different fields of law initially before choosing to specialize in one or the other. Corporate law, in particular, is interconnected and an M&A lawyer with IP experience or a employment lawyer with some M&A experience would have an added advantage.

    Get in touch with Lynn Lazaro-

  • “Being kind and humane to your colleagues is not only a great attribute but also a much-needed trait in a profession which sees severe stresses, short deadlines, and complexly contentious issues”- Sukrit R Kapoor, Partner at King Stubb & Kasiva, Advocates and Attorneys

    “Being kind and humane to your colleagues is not only a great attribute but also a much-needed trait in a profession which sees severe stresses, short deadlines, and complexly contentious issues”- Sukrit R Kapoor, Partner at King Stubb & Kasiva, Advocates and Attorneys

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    As a conversation starter, please tell us about how you ended up pursuing law as a career?

    I used to identify myself as an accidental lawyer, but with over a decade behind me since law school I am confident that I was meant to do law. It was through some family friends’ recommendations and guidance from a career counsellor that I ended up prepping for law school entrance exams in the pre-CLAT era and thankfully I landed up at GNLU, Gandhinagar.

    Although my earlier aspirations were to pursue accountancy (largely attributable to my having been brought up in Gujarat where pursuing CA has been a perpetual trend) I realised shortly after graduating from GNLU in 2011 that my natural acumen is much better suited for practicing law.

    Could you please tell us about the challenges that you faced when you switched to practicing law in India?

    So after spending a few years abroad and working with international organizations I realized that I did not want to limit myself to a particular area or a particular court. I figured my ability to crack a regulatory or legal framework in a short span of time worked equally well a variety of practice areas.

    With this the natural step was to transition to practicing law. The biggest challenges were making decisions, being to either practice in Delhi or elsewhere, sticking to chamber practice or moving towards consulting.

    In the present day I identify myself as a legal strategist and consultant focusing on corporate and commercial disputes. Dabbling in various avenues of practice and gaining a perspective on where I am best suited was the prime challenge and I hope it continues to remain one as a constant growth curve leads one to redefining their position of contribution.

    What according to you are the key drawbacks in the current legal and disputes landscape in India? 

    I think this question is better suited for a thesis. But just at the top of my head, while since Covid we have seen a much welcome transition towards adoption of technology by the Indian judiciary, the impetus must continue to bring further transparency and swiftness in the disputes landscape.

    Another challenge that I realise is the disparity in the pay structure for young lawyers, and I partly hold law schools responsible for this. See, a medical school is very closely attached to a hospital where a medical student deals with the rigours of practicalities in an operation theatre or a ward and emergency. However, law schools due to multifarious reasons have the ability to offer mostly theoretical knowledge. A young lawyer even from the best of law schools may not be able to appreciate the nuances of drafting even a basic affidavit from day one; whereas it is rather standard to expect a MBBS to perform stitches on a patient even prior to their graduation.

    While internships may offer some bit of exposure, not every internship will turn out to be as equally rewarding in terms of learning. Combining research acumen with a pragmatic approach will help increase the preparedness for young lawyers.

    What difference do you see between the legal education system abroad and the one in India?

    Speaking from my experience of having pursued a LLM in UK, one of the key differences is the method of pedagogy. Law schools in UK are a lot better equipped for seminar-based interactions whereas courses at Indian law schools are still largely structured around lectures.

    Additionally, the method of taking exams is also significantly different as UK law schools assess their students through take home exams which hone their research and legal writing abilities significantly.

    What keeps you motivated at work? 

    Thankfully many things.

    I have the constant urge to know answers to my clients’ questions before they ask them and presenting the way forward. I believe that’s the very foundation of expectations of a an in-house counsel from an external counsel and more so when concerning disputes and litigations.

    Along with this I have the support of a great team (both mentors and colleagues) at King Stubb & Kasiva which only multiplies my motivation.

    Given a hectic schedule, please tell us about how you spend your time off.

    Over the years my definition of time off has changed significantly. As a disputes counsel one really needs to shed the ideas of weekends, etc., as that’s when a lot of work actually takes place in terms of briefing conferences, arbitration proceedings and mediations.

    While a lot of people highlight the adversities of glorifying long working hours and I do partly agree, balancing the time with a huge chunk falling in favour of spending time doing law is the requirement for any counsel who seeks to add value.

    During the time I am not doing law, I tend to interact and catching up with family and friends, planning for travels and travelling, reading and some bit of occasional kite-flying.

    Lastly, please tell our audience about the lesson you have learnt the hard way.

    Being kind and humane to your colleagues is not only a great attribute but also a much-needed trait in a profession which sees severe stresses, short deadlines, and complexly contentious issues.

    A lot of people may say that one should be patient but not many can explain how to achieve it. Patience is actually a great quality for a disputes counsel, and this requires putting in a lot of work to have complete clarity.

    Get in touch with Sukrit R Kapoor-

  • “I believe the legal industry is rapidly moving towards specialisation”- Abhishek Dadoo, Partner, Khaitan & co.

    “I believe the legal industry is rapidly moving towards specialisation”- Abhishek Dadoo, Partner, Khaitan & co.

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    What inspired you to pursue a career in corporate law?

    It was the money. On a more serious note, I was quite lost as a law student on my preferred career stream. My best learnings (and finally my decision) was based on my internship experiences. I liked participating in moot court competitions and learnt a lot during my supreme court internship – but I enjoyed my corporate law internships a lot more. To me, the nature of work (in corporate law) was very interesting and I ultimately decided to pursue the path I enjoyed more.

    Can you tell us about your specialized practice area of Public M&A?

    Public M&A is a practice area focused on listed company transactions. I typically advise financial sponsors and strategic investors in navigating through a complex web of Indian securities laws (such as the insider trading regulations, takeover regulations, etc) which are triggered while dealing in shares of listed companies.

    Public M&A requires expert knowledge and experience about the interplay between various stages of the deal – for instance, a control deal of a listed company generally triggers a mandatory tender offer, requiring the contracting parties to upfront factor various possible outcomes on account of unpredictable public tendering. While most deals are friendly / negotiated, the listed space occasionally witnesses hostile takeover bids and this has been a source of great offensive and defensive learning in acquisition strategy.

    What have been some of your most interesting matters thus far, if you can just share a glimpse of them?

    I have been fortunate to advice on various interesting Public M&A matters, including financial and strategic investments, and hostile takeovers of listed companies. While each Public M&A deal is unique and carries its own set of challenges, some of the matters on which I learnt a lot include: (i) Reliance Group’s acquisition of controlling interest in Justdial, (ii) Sale of Majesco (a NASDAQ listed subsidiary) of Majesco Limited (an Indian listed company), followed by distribution of sale proceeds through dividend and buyback by the listed company, (iii) acquisition of controlling interest in Tide Water Oil Limited (a government owned company), (iv) the attempted delisting and voluntary open offer of Vedanta Limited, (v) an unsuccessful bid for the acquisition of controlling interest in Ambuja Cement / ACC, and (vi) litigation on shareholder rights in Zee Entertainment.

    What challenges have you faced in this field so far and to what extent you acknowledge the role of mentors?

    I have been extremely fortunate to receive mentorship and guidance from some wonderful people. In particular, I have looked up to and learnt immensely while working with Late Mr. S. H. Bhojani, Mr. Cyril Shroff, Mr. Nihar Mody, Mr. Haigreve Khaitan, Mr. Sudhir Bassi, Mr. Arindam Ghosh and Mr. Aakash Choubey. Each one of them has been an incredible mentor and teacher. True masters of their craft, they have all inspired me in more ways than one, and I have sought (and received) their valuable guidance on various aspects of life.

    How has the legal landscape in this field changed over the years?

    I believe the legal industry is rapidly moving towards specialisation. Clients look for efficient delivery of service at reasonable costs – the HQHF (High Quality Honest Fee) model – this is best achieved by utilizing expert or specialised resources to deliver optimal output. For instance, a focused Public M&A team, having already navigated various nuances and complications of listed company deals, is far better equipped to structure, execute and complete a transaction in a time (and therefore cost) efficient manner. A legal advisor’s role has substantially evolved over time – a legal advisor can no longer choose to be myopic about the specific legal issue she / he is advising on. Instead, it is generally expected that legal advisors look out for the overall commercial (and not just legal) interest of their clients. This is the role of a ‘trusted advisor’, who thinks above and beyond her / his call of duty, all to protect the interests of her / his client.

    What strategies do you use to ensure successful negotiations?

    An M&A lawyer broadly requires three essential skills – let us coin it the LDC matrix. The first, knowing the law (that is a no brainer and probably the easiest one to master). The second, understanding the deal – this is a bit more complex – to effectively guide a client, the lawyer must assess not only whether the intended transaction is legally viable but also guide his client on whether the deal conforms to the client’s values and long and short-term commercial vision. The third, create a spirit of collaboration – M&A negotiation by its nature can be adversarial – but it is important to remember that it is the beginning of a new relationship. The most successful deals are where both parties walk away winners.

    I have forged strong professional and personal relationships with the counter party and its counsel during negotiations – and that bond has only helped smoothen out future deals we have done together.

    How do you stay abreast of the latest developments in the industry?

    There is no short cut to keeping up with the latest developments –  the only option is to put in the hours and read. One approach which I try to adopt is writing articles about new and interesting developments in the Public M&A space. This ensures that I read and learn about the topic, and at the same time I am able to share my knowledge with others. Needless to say, I am indebted to my co-authors for the articles (typically, they put in a lot more work than I do). Another approach we follow (as a Public M&A team) is to regularly brainstorm on new developments and trends in this space – it helps spread the knowledge / experience of one to the entire team – and we are all the smarter for it.

    What advice would you give to someone just starting out in this field?

    Be curious and work hard. Ask lots of questions. Looking back to my internship days, I used to ask way too many questions (partly because I was curious and party because I wasn’t smart enough to figure a lot of things by myself). And trust me, it is appreciated that you are interested and are willing to learn. Do not be afraid to make mistakes, it is a part of your development. We make mistakes even today. Simply put, the more mistakes you make, the more you learn.

    What do you find most rewarding about your work?

    I really enjoy my work and admire the people I work with. I believe those are the two most important elements of a rewarding career.  

    Please tell us how you create a work-life balance?

    There is (unfortunately) no magic formula to work-life balance. A career in corporate law is certainly demanding – but there are ways to find balance. Some phases are tough, and others are light. Idea is to work hard when deals demand it and dial down when things are light. In general, team work plays an important part in finding balance – I sincerely believe there is nothing a well-coordinated team cannot achieve – including supporting each other and achieving work life balance.   

    Any parting thoughts you would like to share with our young readers?

    I say this often – knowledge and experience are both privileges – when you can, always pay it forward. Use every opportunity you get to teach, educate, write about your learnings and help spread your knowledge to benefit those who might have use for it. This is bound to help create a better and smarter ecosystem and community of lawyers.

    Get in touch with Abhishek Dadoo-

  • “While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field”- Shriti shah, Partner at Quillon Partners

    “While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field”- Shriti shah, Partner at Quillon Partners

    This interview has been published by Priyanka Karwa and The SuperLawyer Team.

    Ma’am, as a conversation starter, our audience would like to know about your story of being a Lawyer.

    I didn’t start off wanting to be a lawyer. I took up commerce after Grade 12 and completed my graduation. I enjoyed accounting but I didn’t really see myself doing numbers. It was a very critical time of my career and I starting thinking what to do next – MBA or law or something else. I don’t have lawyers in my family so it was not an obvious choice for me. But I thought law college would be academically challenging and interesting. It really wasn’t until I joined Government Law College and started my articleship with Ms. Kalapana Merchant at a solicitor firm that I thought I would like the pace of law.  One of the things that I liked about my articleship was that it gave me a flavour of different streams of law i.e. corporate, intellectual property, real estate and financing . After graduating from law college and qualifying as a solicitor, I decided to focus on corporate law as it excited me the most. I have worked as a lawyer for about 15 years. Currently, I am a partner at Quillon Partners, a law firm which focuses on M&A and private equity.

    Being into the legal profession, you must have heard things like “real-estate is not for women”, what are your views upon this?

    While there are challenges due to the unique nature of transactions in the real estate sector, I have come across many outstanding women lawyers in the field. Fundamental changes introduced in the real estate laws by the Real Estate (Regulation and Development) Act, 2016 have led to greater transparency in the real estate sector and women lawyers no longer shy away from entering this sector.  

    Could you tell us about your struggles as a woman lawyer?

    There was a time when I wanted to focus on my family. I like to try different things – so I took up knowledge management (KM), business development and human resource which are very different and interesting roles. While knowledge management was nascent in 2011, law firms had started giving KM importance with several laws undergoing changes e.g. the Companies Act was completely revamped in 2013. During this time I also got an insight into Business Development.  Often different roles, help you to draw from one to the other. While I did KM, the corporate experience I had helped me and then when I went back to doing corporate law – the KM and Business Development experience helped me immensely. I still continue to be involved with the KM, BD and HR functions of the firm.   

    We see a lot more women lawyers now. However, as one progresses up the ladder of seniority, the scales start to tip with a decrease in the number of law firm partners being women. This landscape is starting to shift and many Indian law firms like international law firms are now working consciously towards inclusiveness and gender diversity. Personally, I have had very supportive seniors at Quillon Partners and they have been very encouraging. 

    Please shed some light upon your role as an M&A Lawyer.

    The role of an M&A lawyer varies from transaction to transaction depending on the kind of the transaction and who you are representing (e.g. buyer, seller, company). M&A lawyers have a versatile and extensive role throughout the transaction. All the legal mechanics of a transaction, including negotiating and drafting agreements to reflect a commercial deal, arranging finance and liaising with the client and their other advisors. Typically, in most transactions, it involves advising, planning, structuring, due diligence, drafting of the transaction documents, negotiations, obtaining regulatory approvals and finally closing of the transaction.  

    How do you see the M&A sector in the coming 5 years?

    Globally there was a dip on the deal street in 2022 due to several factors, including war and inflation. India seems very attractive to many global firms post Covid with investments in China taking a back seat. Mergers and acquisitions in India are expected to increase in 2023. The deal market is expected to be active in several sectors such are pharmaceutical, technology, infrastructure and healthcare. Therefore in-bound M&A investments are likely to increase. Out-bound foreign investments are also on a rise with the recent changes to the regulatory framework. India is expected to be a very attractive investment destination given the benefits of demographics, cost arbitrage, presence of large consumer market and democratic stability.

    Coming towards the end of the conversation, could you tell us three qualities which an M&A Lawyer must possess?

    Constant thirst for knowledge– legal technical knowledge is important but learning can’t stop with formal education. We have opportunities to learn new things in just about everything we do and from everyone we meet. It could be learning from a past deal, keeping oneself abreast with new laws, adapting to new technology, or learning people skills, it is a constant never-ending process.

    Being organised and structured – usually in most deals, time lines are tight and one needs to break the tasks and prioritize work streams in order to be able to service clients efficiently. Keeping an eye on the ball is key.

    Enjoy what you are doing – there are often personal sacrifices, sometimes long hours and only if you enjoy what you are doing, it’s worth it.

    Get in touch with Shriti Shah-

  • Woman in the Real Estate sector: a Discussion with Veena Krishnan, Partner at SAMVAD: Partners

    Woman in the Real Estate sector: a Discussion with Veena Krishnan, Partner at SAMVAD: Partners

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    What inspired you to choose law as a career and how has been the decision so far?

    I chose law as a career only because I cleared the entrance test conducted by NLSIU and felt that it would be beneficial if I studied at a University par excellence. I did not even consider law as a career and wanted to become an engineer. Out of the myriad of entrance exams I wrote, my parents had gotten the form for the NLSIU entrance exam and I simply wrote it on a whim. I have not regretted the decision since.

    What were the challenges faced by you at the beginning of your career?

    I wanted to become a practicing lawyer and be based out of Bangalore. At that time, finding good law firms was a challenge and it was initially difficult for me to find a good law firm to work with in Bangalore.

    Since you have also been a part of PoSH and the statutory Prevention of Sexual Harassment, do you think it is implied in local committees where women are neglected in informal sectors? 

    The Local Complaints Committee is a saving grace for women in the informal sector. As far as other establishments are concerned, there is a mandate for a POSH Committee but the LCC helps domestic workers and informal workers who may not be working in an organizational setup.

    Talking about work-life balance, there has been an ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium?

    I have by and large managed to strike a healthy work-life balance in my sphere of work. Some of the practices I would recommend are – daily exercise and physical activity which would lead to a healthy body and mind; any form of spiritual practice such as yoga or meditation which would enable the mind to stay calm; also while it is important to work hard and strive for professional success, it is important to keep a mental distance from success and failures and not get too attached to the outcome of one’s efforts; time management and conscious utilization of each minute of the day is very important.

    Among all the aspects, i.e,  lease and purchase of office spaces, stand-alone buildings, IT complexes, land, and properties conveyed by government entities such as the KIADB, etc, which one do you find the most interesting and challenging? 

    I find the lease of office spaces and acquisition of land parcels most challenging in terms of the title and documentation issues that arise in these transactions.

    Any road-maps that were followed by you, that you would like to share? 

    Spending time with family and friends; keeping a mental distance from my successes and failures; not comparing myself to others who are more or less successful than me (this consumes a lot of brain power and is a drain on one’s energy); emphasizing on teamwork and delivering quality work to the client and investing time and energy in helping juniors learn the ropes.

    What advice would you give to someone considering a real estate purchase? 

    It is important to make a commercial decision first on whether this property is suitable or not and then look at the legal aspects. The title and other aspects may work fine, but there are several instances where legal things are fine, but it does not work commercially for the client.

    What advice would you give to young law professionals? 

    Take your time and be patient to settle down in an organization, do not be in a hurry to jump jobs; be proactive in asking seniors for work and actively working on seeing a transaction to closure rather than simply doing the work allotted to you; when you are assigned work, do not simply sit down and start on it, but figure out the transaction structure, ask to be included on client calls and meetings. Do not compare yourself to your peers, as each lawyer’s journey is different; work hard and you will surely find success.

    Get in touch with Veena Krishnan-

  • In Conversation With- Shweta Sahu, Leader, International Dispute Resolution Practice at Nishith Desai Associates

    In Conversation With- Shweta Sahu, Leader, International Dispute Resolution Practice at Nishith Desai Associates

    This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

    Was pursuing law planned for you or it all happened in a flow? Kindly share with our readers.

    I always wanted to do something different. Back in 2010, law was yet to be popular choice. I made a conscious decision to pursue law while most of my batchmates were preparing for IIT-JEE or the AIPMT. I was completely ignorant of the career prospects neither did I have anyone to speak to. The decision was indeed laden with risks, but it was worth it.

    How has been your experience thus far dealing with critical arbitration matters, and how do you address this area to young minds in the legal profession?

    As rightly said, most of the arbitrations that we work on are fact-heavy and high stake. So, there is no scope for any mistake. Significant time goes into understanding the technicalities, strategizing and executing. Each step has to be handled with utmost precision. While the entire process is often strenuous, the challenges are extremely enriching and wholesome.

    There is sufficient scope for arbitration in India and the law is constantly evolving. I also witness a lot of interest for arbitration amongst the younger lawyers and even students. However, familiarity with the basic concepts is often lacking.

    What is your take on the scope of technology-related litigation in India?

    Technology-related litigations are expected to surge in India with the introduction of Metaverse, NFTs, cryptocurrency etc. and changes to technology laws (such as Intermediary Guidelines and Digital Media Ethics Code Rules, 2021).

    We are already experiencing a plethora of issues – ranging from regulatory concerns to privacy/data breach and money-laundering. Further, alleged cases of cyber-attacks, online frauds, impersonation, phishing, online defamation, hate speeches etc. have been on a high.

    Lately we have been hearing there are a lot of challenges for women in litigation, be it late working hours or other issues, how do you deal with them? And what would be the same?

    Challenges have always been there. Of late, the discussions surrounding these challenges have begun, which is a good start. Litigation is often perceived as a “men’s club” and it becomes difficult to pierce the stereotypes.

    In several cases women have been forced to or gaslit into completely giving up litigation or making changes to their careers. Reasons are manifold. In certain cases, the compensation is meagre; thus, women are convinced into giving up litigation and be told – “It’s not worth it”. Late working hours and the frequent need to travel are also common reasons. Till date, there are courts which do not have proper toilets for women.

    The unequal representation is even more prominent in courts in smaller towns and districts. In one of my outstation hearings, I had noticed the entire court complex just had two women on that day – the judge and myself.

    I have consistently made efforts to do everything that is expected of a lawyer – to avoid any possibility of being the less preferred one. Be it travelling or working late or appearing in Court. With the able support of my seniors, several barriers have been broken. But there’s a long way to go.

    What are the practices you implement to follow privacy in different legal matters or transactions and how the young generation should prioritize it further in their own careers?

    Given that I work in a technology-driven law firm, there are advance high security systems in place to take care of privacy concerns within the firm. Even the interns are required to enter into non-disclosure agreements to prevent any situation of privacy breach.

    As lawyers, it is our foremost duty to protect client documents and information from undue disclosure and understand the importance of client-attorney privilege. Young lawyers should be educated of the same. To start with, law schools should emphasise on these aspects as a part of the curriculum (Law of Evidence and/or Professional Ethics).

    Above all, the younger generation must careful of the content they share on LinkedIn or other social media platforms.

    Was there any roadmap that helped you thus far in your journey, or any mentor that supported you from the very beginning, please share how was it for you?

    I have had the privilege of receiving unconditional support from my parents throughout my journey. I have also enjoyed the rare privilege of consistent support and encouragement from my seniors at work. While each one of us has the potential to succeed, it is this kind of support which helps in moving ahead. Further, I strongly believe in being genuine and honest to myself and my work.

    I wouldn’t say it is a perfect world but these factors have helped me survive.

    Could you highlight some of your success habits that enable you to meet your goal?

    Most of my lessons are from my own mistakes. I believe, we learn best from our own mistakes. They make us think and hunt for better solutions. That’s what experience is to me.

    I prioritise a healthy lifestyle. Thus, I plan each day in advance. This includes balancing my professional and personal lives and keeping them separate.

    Lastly, what advice would you give to someone starting out?

    There are certain basics for which there are no substitutes – work hard, think smart and be ethical.

    But there is no generic advice which would be applicable to all freshers out there. The legal profession is generally very demanding, so plan each day well.

    “Experience and live through your own journey and lessons. Do not compare yourself with others but compare yourself with your old self – if you’re a better person and a better lawyer than you were earlier.”

    -Shweta Sahu

    Get in touch with Shweta Sahu-

  • Apoorv Agarwal, Partner at ASV Legal LLP, In a FireSide Chat With SuperLawyer Sharing Insights On Insolvency & Bankruptcy Laws and Building a Career in Law

    Apoorv Agarwal, Partner at ASV Legal LLP, In a FireSide Chat With SuperLawyer Sharing Insights On Insolvency & Bankruptcy Laws and Building a Career in Law

    This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

    WAS PURSUING LAW PLANNED OR DID IT ALL HAPPEN BY CHANCE?

    As a child, I was fascinated by the thought-process and lifestyle of my father’s Uncle, who was a leading lawyer. Neither my father, who’s a senior physician, professor, and an eminent author, nor my mother, who’s a children’s author and educationist, quite liked the idea that I should become a lawyer. In fact, while I was still in school, my father, in order to dissuade me, once took me to Patiala House district courts. However, despite the existing chaotic conditions, I found the experience exhilarating. The laws, their technicalities and interpretations, enthralled me. I found the nuances of court-craft electrifying.

    A fire grew in my belly that I must become a lawyer and serve the people to find  justice. My alma mater, National University of Juridical Sciences, Kolkata, and the many internships that I did in my student days, stoked the flame. My passion grew into an eternal romance. The magic lives on each day.      

    COULD YOU SHARE WITH US WHAT WERE THE INITIAL STRUGGLES IN YOUR CAREER AND HOW YOU MANAGED TO OVERCOME THEM?

    I began my journey with Trilegal, one of the best known corporate law firms in India. It was a hard 24 × 7 grind. I learnt a lot. Still, a year on, I decided to step out, leaving the comforts of a large well endowed law firm.

    With my family’s help, I took the plunge of setting up a chamber practice. Initially, the going was rough. I had to hunt for clients, execute the job without the help of a filing clerk, and with nobody to vet my draft. I worked hard to preserve the family’s deep moral fibre, meet the clients’ aspirations, and leave a mark by my out-of-the-box well thought out arguments on points of law. With both my parents being senior government functionaries, who never needed to ask anybody for the services they gave, I found it difficult to ask clients for the professional fees.

    The trials and tribulations of being a first generation lawyer are many. You learn many a lesson the hard way. Drafting, filing, curing defects, and ensuring that the matter gets listed, has its own set of hurdles. Over time, if you are diligent, observant and passionate, the pieces begin to fit. Like a defiant jigsaw puzzle, which you eventually tame.

    Learning the secrets of good filing, acquiring skills to not let flaws that lead to multiple objections during filing, and a well thought-out tidy draft ensures that half the job is done. Contrarily, a draft with multiple failings, ensures that the judge may lose  interest in the case on the very first day.

    WHAT ARE THE AREAS OF LAW THAT YOU PRACTICE?

    Be it any area of law, its fundamental doctrine is to mete justice. As a practitioner of law and an officer of the court, my duty is to ensure that my clients receive justice. I do not carry any prejudice, bias or preference for any particular branch of law.

    Law schools teach you laws that apply to each sphere of human life. However, most people tend to think that law students from their early years must elect a particular subject to practice. This is a myth, which must be decimated.

    My legal practice embraces all areas. I strive to learn more, know more, and tread in all realms of law.

    I also do not hesitate to appear before any Court of Law. Be it a district court, tribunal, high court, or the supreme court, wherever my client needs me, I must stand. However, until now, my most regular appearances are at the National Company Law Tribunal, where I took the first guard and began my innings.

     

    WHAT ARE THE MOST IMPORTANT CONSIDERATIONS TO KEEP IN MIND WHEN DEALING WITH INSOLVENCY AND BANKRUPTCY ISSUES? 

    The Insolvency and Bankruptcy Code, 2016, is still in its early formative years. It has a number of grey areas. The laws are in a state of flux and evolution. The code is experiencing constant changes. Staying updated about these changes is a basic.

    Further, the laws of the Insolvency and Bankruptcy Code are rapidly developing as an emergent and effective alternative to consumer court and civil courts. They allow for a speedy resolution.

     HOW DO YOU KEEP UP WITH THE QUICK CHANGES IN REGULATIONS AND LAWS IN YOUR FIELD?

    I am an avid reader. I thrive on regularly reading Bar and Bench, Lawsikho, Legallyindia and a number of major national dailies, which publish, discuss and debate news about the changes in regulations and various laws. The judgments and updates on IBCIndia and livelaw on my handphone keep me abreast of what’s happening in the legal field.

    LEGAL TECH POSES CONSTANT THREAT To PRIVACY STANDARDS, WHAT EFFORTS DO YOU MAKE TO REDUCE THIS THREAT?

    With the rapidly growing dependence on legal technology, privacy is increasingly becoming a casualty. Eliminating its threat is not easy. To cope with the risk, and to uphold confidentiality, we often keep only the hard copy of a sensitive document. This may seem old school, but it is safe. Safely kept external hard drives are another good option. 

    OF THE CASES YOU’VE WON, WHICH HAS BEEN THE MOST CHALLENGING AND EXCITING?

    Several cases come to my mind. My team and I have been a part of number of landmark judgements which we have won against all odds in favour of our clients.

    Of recent, we successfully defended a resolution plan before the National Company Law Appellate Tribunal. In this case, a small splinter group of homebuyers had turned against a resolution plan. Internal politics had blinded them and they had challenged it. Being a counsel for the resolution professional in such a landscape carries the risk of multi-fold criticism, particularly since the law is silent on multiple issues. The key lies in striking the right balance. We laid the foundation of our defense on solid technical grounds, which was found to be satisfactory by the Hon’ble tribunal. Our clients, accused of siphoning 650 crore rupees, were granted bail by the Delhi High Court.

    Our approach always pivots upon path-breaking, out-of-the-box thinking and robust arguments. As an officer of the court, our first and foremost duty is to serve the interest of justice, while we do our best to uphold our client’s interest. Protecting transparency and integrity is a critical component of this drill.

    Let me also allude to another recent landmark judgment, wherein we ensured that our client, charged of GST defraud, was released on bail without a pre-deposit.   

     

    DO YOU BELIEVE THAT FREELANCING CAN HELP IN CAREER GROWTH IN THE LEGAL PROFESSION?

    Unless tempered with three to four years of experience under a learned counsel, or a law firm, freelancing is neither easy, nor fulfilling or supportive of a career growth.

    Of recent, several young, inexperienced lawyers have taken to imparting advisory services, despite having frugal or no understanding of the law. They often fool the clients into believing their credentials. Such a practise is crassly unethical, and may tarnish the reputation of the legal profession beyond repair.

    If a young lawyer were to take wings under an experienced, knowledgeable counsel, and then soar into the sky, freelancing can be a boon. It can help you build into being a versatile counsel or advisor.

    HOW DO YOU MAINTAIN THE WORK-LIFE BALANCE?

    Life has three integral components — you, your work and your family. You have to strike a balance between them. Finding quality time for all three is the mantra to success. I love chanting and little walks by myself. They help me find mental peace.  I relish my work. It is my passion. It is the mornings which I devote to my family.  

     

    WHAT STRATEGIES DO YOU USE TO ENSURE THAT YOUR CLIENTS RECEIVE THE BEST POSSIBLE?

    We believe in offering personalised services to our clients. We place ourselves in their shoes, and think of the best possible solutions. Our motto is to try and ensure a cent percent client satisfaction by being honest and candid with them. At the same time, we never give up and look at novel approaches to find relief for them. 

    HOW DO YOU PREVAIL WHEN YOU ARE FACED WITH ROUGH TIMES?

    Just as the darkness of night is followed by the break of dawn, just as spring follows in the footsteps of winter, bad times, difficult times also do not last. They just herald good times! So it has been in my life.

    Be it good times or bad, it is best to keep your chin up and fight the odds. Keeping the team motivated in the dark hours is key to a beautiful morning. We function       like a family, where each member of the office gets respect, recognition and reward. We are one when faced with challenges.

     

    LASTLY, WHAT ADVICE WOULD YOU LIKE TO GIVE TO SOMEONE WHO’S CONSIDERING A CAREER IN LAW?

    The leading rule for the lawyer, as for the man of every calling, is diligence and devotion. Make this combination more potent by fuelling it with passion and an out-of-the-box thinking. Temper it with experience. This is the best recipe for any law student.

    Believe me, books can never suffice. With rote learning, you may ace in Law school, yet, you may fail altogether in the court of law. Practical legal experience has no substitute. Rock-hard internships with a knowledgeable experienced counsel, a good law firm, will serve you well.  

    A career in law requires you to live it, romance it, each moment of your being. You must not focus on application of the code of law, rather than just knowing its alphabets.

    Get in touch with Apoorv Agarwal-