Super Lawyer

Category: Partners, General Counsels and Senior Advocates

  • Ameeta Duggal, Partner, DGS Associates, on studying at York, working at AMS, and starting her own firm

    Ameeta Duggal, Partner, DGS Associates, on studying at York, working at AMS, and starting her own firm

    Ameeta Duggal graduated in law from Campus Law Center, Delhi University, in 1991. She started her career with Mr. Ashwini Kumar, former Minister of Law and currently the special envoy to Japan. She then worked briefly with Amarchand Mangaldas Shroff before joining Associated Law Advisers. Ameeta was awarded a British Chevening Scholarship by the Foreign and Commonwealth Office to study at the College of Law, York from 1996 – 1997. Thereafter she worked briefly in the London office of Clifford Chance, one of the world’s largest law firms before returning to India. Ameeta founded DGS Associates in 2004.

    In this interview we speak to her about:

    • The legal industry in the ’90s
    • Working at AMS
    • Winning the British Chevening Scholarship by the Foreign and Commonwealth Office

    How would you like to introduce yourself to our readers?

    I am a somewhat unconventional lawyer who has always tread the unchartered path. There has been no planning that has gone into charting my professional growth. This has helped me in exploring various areas of law, which may have been lost to me had I proceeded with a predeteremined growth trajectory. I do not believe in compartmentalising my practice areas and have tried to explore various aspects of law. I started my professional career as a pure litigator and have continued to keep litigation as one of my practice areas irrespective of the fact that over the years I have moved to a completely different line of practice, being my trade laws practice, which I started in 2008. I believe that my strength lies in drafting and negotiations rather than arguing in Court. While I am immensely passionate about my work, I ensure that it never deprives me of my love for travel so I strive to make my work complement my travels to the greatest extent possible.

     

    Tell us a little about your days in law school.

    I studied law from the Faculty of Law, Campus Law Centre, Delhi between 1989 and 1991. In those days, Law was a residual career option since majority of the law students were writing their Civil Services exams. There were just a handful of us who were there to pursue law as a career option. The others just wanted to have a Plan B should they fail to clear the Civil Services exam or such other options.

    Having come from an all girls’ college, Lady Shri Ram, life in he Delhi University campus was an experience with a varied mix of students. One of the incidents that has, however, stayed with me is from a class in Negotiable Instruments. In my first semester, one of our Professors had asked us a question pertaining to the bouncing of a cheque and I remember getting up and saying that “my common sense tells me…” The professor told me something that I have never forgotten. He said that we must always remember that law is not about “common sense” but what is provided in the statute. Over the years, I have often been reminded of this saying and how true it holds.

     

    What are your areas of specialisation in law? 

    Specialisation in a given field of law is a fairly recent practice in Law. During our days at the Law Faculty we neither specialised in any specific area nor were we required to intern. Those who belonged to a family of lawyers may have spent time interning. But the rest of us had not seen a lawyers’ chamber till the time we started to looking for work. Accordingly, there were no areas of specialisation but we had areas of interest. I was always interested in contractual and corporate laws. We, however, did not have the option of International trade laws as a subject.

    I personally do not conform to specialisations. I have always been open to assisting a client with all areas of law. The only distinction I draw is between civil and criminal laws and I have stayed away from criminal law in all my years of practicing law. Other than that I have worked on varied assignments, including environmental audits, project financing, mergers & acquisitions, International commercial arbitrations and litigation (both as a Government and private counsel). It is only recently, that I have started focusing more on International trade and mergers & acquisition as my preferred areas of work.

    While on the issue of specialisation, I would like to share one of my experiences at Clifford Chance when I was working with them briefly. One morning we received a fax from a client with some four to five questions, including queries on tax and securitisation. The fax was shared across three floors depending on the areas of  law involved. This was in my initial week at Clifford Chance. Having worked in India for a few years by then I was somewhat surprised since in those days, a client query like that would have come to our table in India and we would have responded to all of them, more like a single window clearance. In my opinion, it is more comforting for a client to go to a single person for advice rather than being sent from one team to the other.

     

    How were the first few years after your graduation? 

    Unlike today, when students spend considerable time interning and gaining practical experience, for us studying Law was essentially an academic exercise, which guided us through the legal fundamentals and taught us what and how to look for the answer to a query received from a client. However, what we learnt at the law faculty was far removed from the real world practice. Objectively speaking we cannot be taught how to be a lawyer sitting in a classroom. Legal practice can only be learnt standing in a courtroom, sitting in a board room negotiating across the table or sitting across a Government authority proposing policy changes.

    This is where I owe a lot to the chambers of Dr. Ashwani Kumar (including my gown, which traditionally is presented by one’s senior) with whom I worked for almost a year. We used to be paid pittance in those days but the experience we gained was immense. Dr. Kumar was in those days a standing counsel for the Delhi Electricity Supply Undertaking (DESU), one of the biggest litigators in the Delhi High Court. On any given day we had at least ten to twelve cases listed in the High Court and we had no option but to start arguing from the very first day. Credit is also due to the judges who encouraged freshers to seize the opportunity and argue rather than seek an adjournment on the ground that the senior lawyer was unavailable. I have had a very special hearing before a Division Bench of Justice B.N. Kirpal (former Chief Justice of India) and Justice Sunanda Bhandare, who coaxed me into arguing a petition in the very first month of having joined Dr. Kumar; guiding me through the arguments and eventually dismissing the petition in my favour. Those were days filled with excitement and exhaustion but the thrill of getting a good order from the High Court was priceless. I learnt to be a lawyer overnight.

     

    Tell us about working at a Tier-I firm such as Amarchand Mangaldas Shroff.

    Amarchand Mangaldas Shroff is  undoubtedly a sought after firm now and also in those days when it was not so huge. I had the privilege of working directly with Pallavi Shroff and her team, I realised in my first few days there that I was not meant to work in a big law firm. I tendered my resignation within weeks of my joining that firm to move to a start up firm, Associated Law Advisers (ALA), which was still getting established in terms of office space. I spent almost eleven years with ALA and left only to start my own law firm.

    ALA is where I grew as a lawyer. We started as a small team of four lawyers (two partners and two associates). Each one of us supported the other and we learnt to do everything on our own – from filing to researching to drafting to appearing in courts and before arbitrators and to do large sized acquisitions, legal and environmental due diligences. My first acquisition was when Whirlpool acquired Kelvinator. I learnt as we moved through the acquisition and all credit goes to my partners, Mr. O.P. Bhardwaj and Ms. Lira Goswami, who never hesitated in giving us complete charge of a client file while keeping a broad check on the deliverables. I owe my growth as a lawyer to my years in ALA.

     

    Tell us about winning the British Chevening Scholarship by the Foreign Commonwealth Office.

    Applying for the British Chevening Scholarship was almost an accident. My then senior partner, Lira Goswami, mentioned the scholarship while we were waiting for our matter. From Court I went to the British Council to collect the form only to learn that I had just a day to submit it. Of course, I never expected to be selected but I did get an interview call. The interview panel comprised two faculty members of the college of law, York, a senior counsel from India and a representative of the Foreign Commonwealth Office. The counsel posed some direct questions on the various provisions of the Companies Act. After having fielded a few questions I remember telling him that as a lawyer I am aware which legislation I need to check but I was not aware of each and every provision of the Companies Act. The intent was not to be rude but it was an irrational expectation for a young lawyer to be familiar with more than 500 provisions of the Companies Act. I do believe that this response got me the scholarship.  

     

    How was your experience at College of Law, York?

    We were a group of twelve lawyers from all over India who were sent to the College of Law, York. Most of us were travelling outside India for the very first time and we were indeed an excited bunch of young lawyers who landed in York. The course was very thoughtfully conceived with an amazing faculty. We forged new friendships, not only within the group but with other law students at the College and with our faculty. The friendships have continued and we also continue to be referral partners for each other.

    What made our days at the College of law most memorable and fun filled is the fact that we were all practicing law already and had the security of having a job waiting for us back home. That sense of security eased the pressures and made the entire programme a huge learning experience. We got an opportunity to work with some of the biggest law firms in London.

     

    Which is the ideal time to do an L.L.M?

    From my personal experience,  I would recommend pursuing LL.M. only after having gained some work experience. I believe a LL.M. programme will be far more beneficial and focused if pursued after a few years of practice.

     

    Please elaborate on your work experience at Clifford Chance.

    The scholarship offered by the Foreign Commonwealth Office comprised two sections. First was a programme at the College of Law, York and second was a work stint at the law firms selected and allotted by them. I was sent to Clifford Chance as part of that programme. Working in a huge law firm like Clifford Chance, which at that time was the biggest law firm globally, was an experience in itself. It gave me the confidence to be able to stand on my own in the midst of an ocean of lawyers. Although I was offered a role in the firm, I longed to return to ALA and declined the offer. I have not regretted my decision ever as I do not think I would have evolved into a risk taking lawyer that I am today if I had worked in the secure confines of a large law firm as opposed to a small boutique firm like ALA.

     

    What or who motivated you to take the leap of faith to found your own law firm?

    DGS Associates owes its existence to ALA and the work culture that we imbibed there. The sense of self sufficiency and independence instilled by Mr. Bhardwaj and Lira gave me the courage to move out and start my own firm. Having worked with ALA since the days when the ALA office was being first set up, I was already familiar with the grind that setting up of a law office entailed. However, the thrill of starting one’s own practice is unparalleled.  

    Although I moved out of ALA with another lawyer there, Niti Sudhakar, we never really severed our ties with ALA. This was easy since we did not try and leave with any existing client of ALA. We moved out without any announcements and started afresh. Admittedly, those were challenging times as we had no continuing client. However, our friendship gave each of us the strength to persevere and that friendship continues to be the central pillar on which DGS stands even today.

     

    With regard to DGS Associates, what is your vision for the firm?

    At DGS, we pride ourselves for being completely relationship driven, be it with our staff, colleagues or clients. We are a small firm with a very congenial atmosphere. We would want to continue with that. We see ourselves as a well entrenched boutique law firm where the client comes never to leave. Our clients treat us as part of their management and we are happy to be in that space. We work with huge corporates as well as mid to small sized companies and individuals. We promote start ups and have always advised them basis the understanding that if they ever get funding they will pay our legal fees. The virtues of strict timelines and economies are deeply entrenched in our work culture and we never miss our deadlines. DGS has a very different work culture where associates are expected to act responsibly and independently. The stress is on timely delivery and quality output rather than the number of hours that they put in at work.

     

    Give us a brief capsule of the life of a partner and your average working day experience.

    True to the spirit of DGS, we try and maintain a balance between our work and personal lives. While we are at work, the office functions almost like a library with very focused work but we try and shut office in good time so that we all can head back home to spend time with our families. Without compromising on our work commitments, the partners also ensure time out together. Increasingly, there is lesser time available with our travel and work commitments but we always make an effort to optimise our time off. The firm has a policy of all lawyers lunching together so as to be able to get to know each other at a personal level.

     

    Is there any other suggestion you would like to give to our budding lawyers?

    I can only say that as budding lawyers give your profession all you have as this is the time when you have the energy and enthusiasm to focus entirely on work. Be open to doing all kinds of work at your work place. It gives you a better appreciation of the work that is happening around you. Most importantly, I always encourage budding lawyers to gain some experience in litigation since you cannot be a complete lawyer  without knowing how your judicial system works and how the judges think when dealing with a given dispute.

     

  • Fred Rooney, Attorney-at-Law, on being Fulbright Specialist and Global Advocate for Justice

    Fred Rooney, Attorney-at-Law, on being Fulbright Specialist and Global Advocate for Justice

    Fred earned his J.D. from the City University of New York’s (CUNY) School of Law in 1986.  In 1998 he returned to CUNY Law to direct a “unique public/private partnership” that offered a network of support and resources for CUNY Law graduates committed to increasing access to justice through their solo and small firm practices. The New York Law Journal, New York Times, Legal Times and American Bar Association Journal have highlighted Fred’s successes and bar associations and law school faculty and administrators across the US rely on Fred’s work when designing their own post-graduate programs.

    In January 2010, Fred was awarded the 2010 Father Robert Drinan Award by the American Association of Law School’s (AALS) and on February 5, 2010, he accepted the American Bar Association (ABA) Standing Committee on the Delivery of Legal Services’ 2010 Louis M. Brown Award for Legal Access, which was awarded to CLRN. The Brown Award recognizes innovative programs that meet the legal needs of those who do not qualify for legal aid yet still aren’t able to afford typical legal fees.

    In June 2013, Fred completed a ten-month Fulbright in the Dominican Republic where he launched the first law school incubator outside of the United States.  Three months later, the American Bar Journal named Fred a “2013 Legal Rebel” and recognized him as “the Father of Incubators”.

    On February 5, 2014, the U.S. Department of State’s Bureau of Educational and Cultural Affairs (ECA) and the Institute of International Education’s Council for International Exchange of Scholars (CIES) added Fred to its roster of Fulbright Specialists.  Since October 2014, he has traveled to Pakistan on four occasions to conceptualize an incubator for recent Pakistani law graduates.  Fred was in Islamabad on April 26, 2016 to take part in the formal launching of the first incubator for lawyers in Asia.  He is currently an adjunct faculty member at Texas A&M University School of Law.

    In this interview we speak to him about:

    • Being Commissioner of the ABA’s Commission on Hispanic Legal Rights & Responsibilities
    • His engagement with Community Legal Resource Network (CLRN)
    • His experience thus far and plans for the future

    Why did you choose to pursue a degree in law, amidst the many options that you had?

    After graduating from college, I was employed as a social worker and English instructor for immigrants.  During my years working with immigrants, I was able to see how difficult life is in a foreign country where immigrants are not always welcome.  Many of my clients/students were victimized by discrimination and racism.  I realized that to be more effective as an advocate for the most marginalized and vulnerable members of my community, I needed to become a lawyer.

     

    Tell us a little about your days in law school, at City University of New York School of Law.

    I was delighted to be accepted to the City University of New York’s inaugural class in 1983.  Many of the reasons I chose CUNY Law are stated on its website.  For example, “CUNY Law students bring a passion to make a difference in their communities”. CUNY Law gives them the tools to make that change. As the nation’s premier public interest law school, we are driven by a mission to enhance the diversity of the legal profession and graduate outstanding attorneys intent on creating change for the better. A CUNY Law education prepares lawyers who are ready to right the wrongs, stand up for the underserved and fight for social justice.

    I thoroughly enjoyed my three years of legal education since as a student, I was able to travel to Latin America, work on issues related to equality in public education, teach juveniles housed in a New York City detention center and  develop the skills I would eventually need to practice law in accordance with CUNY Law mission to further “law in the service of human needs.”

     

    What are the subjects that you took particular interest in, during your law school days?

    I enjoyed CUNY Law’s clinical approach to learning and courses I took in constitutional law, legal reasoning and writing and a course titled “Liberty, Justice & Equality.”

     

    What were your initial years after graduation like?

    Because I chose to practice public service law, my first years after graduation were challenging because my income was so low and I had a family to support.  There were times when I was tempted to enter a corporate firm, but I’m glad that I was able to stay true to my deep commitment to using my education, training and privilege in society to help clients of moderate to low incomes.  I also learned the value of pro bono service and tried to provide either pro bono or reduced-fee services whenever possible.  I learned that to do good in one’s community, you had to do well.  Doing well to do good are not mutually exclusive goals.

     

    Tell us more about Community Legal Resource Network (CLRN) and the kind of activities that it engages in.

    Thirteen years after graduating from CUNY Law, I returned to launch a network for CUNY graduates who, like myself years before, need a helping hand to start law practices with a strong social justice component.  We developed CLRN as a way of supporting our graduates as they opened solo or small firm practices and offered around-the-clock mentoring in how to create economically viable law practices and how to develop one’s professional lawyering skills.

     

    You’ve been designated the “Father of Incubators”. Kindly explain the concept of legal incubators, for the benefit of our readers.

    In response to a crisis in access to civil justice in and around New York City, CUNY Law launched the first program in the nation to train recent law school graduates. Begun in 2007, CUNY’s Incubator for Justice was designed to assist CUNY Law graduates to develop the skills needed to set up and sustain economically viable small legal practices. Special emphasis was placed on developing solo and small-firm practices equipped to address the ever-growing unmet legal needs of moderate to low-income New Yorkers living in legally underserved neighborhoods. The incubator was modeled on similar programs around the nation for small business owners. Business incubators in general aim to assist start-up business owners by providing the training participants need to enhance their professional and business skills.

    The goal of the CUNY incubator was to offer its participants the same sort of training that new associates receive when they join law firms, corporations and governmental or legal services organizations. Once hired, associates receive immediate access to professional training and support, and they have mentors to help with almost every aspect of their professional development. CUNY Law wanted to ensure that its graduates venturing into solo or small-firm practice had the same sort of access to quality training and mentorship as new associates.

    Since the Incubator for Justice was crafted as a stand-alone project for a maximum of ten lawyers, at no point in its development or implementation did anyone imagine that the new initiative would take on a life of its own and turn into a movement in the United States—and eventually abroad. The expansion of incubator programs was due, in large part, to the economic chaos that began in 2008. As law schools, and eventually bar associations, were faced with a severe lack of job opportunities for law graduates and newly admitted lawyers, the idea of creating incubator programs became increasingly more attractive. Additionally, the economic downturn left greater numbers of people in the U.S., already ineligible for publicly funded legal services, without the resources to retain private counsel. In many ways a perfect storm led legal institutions to consider incubator development to fill a sorely needed gap in opportunities for new lawyers and access to competent and affordable representation for people of modest means.

    What legal incubators are doing:

    According to the 2016 Comprehensive Survey of Lawyer Incubators, published by the ABA Standing Committee on the Delivery of Legal Services and the Lawyer Incubator Directory, more than 60 incubator programs exist today. Additionally, the survey indicates the following:

    • Although the first incubator emerged in 2007, three-fourths of them that responded to the survey have been created since 2014. Some of them have very recently “graduated” their first class of incubator participants, and a few have not even reached that point.
    • The nature, structure and design of incubators vary greatly from one program to another. The survey demonstrates that the development of incubators has been organic. There is no template for their design and operations. While many are sponsored by law schools, several are collaborative efforts, and some are sponsored by other entities such as bar associations and foundations, legal aid programs, law firms and nonprofit organizations. The services offered by incubators, the funding sources and the range of legal services provided by the participating lawyers to their clients all vary considerably from one program to another. The ABA and the Consortium for Access to Justice have provided resources to help incubators share information but, nevertheless, programs tend to reflect the needs of both their communities and their participating lawyers in unique and varied ways.
    • Incubators are aggressively advancing social responsibility through pro bono services and orientations to low- and moderate-income populations. The common denominator running through most incubators is their dual mission to prepare recently admitted lawyers to develop and launch new practices while at the same time providing services to underserved populations. Pro bono is a fixture in seven out of every ten programs.
    • Incubators are providing their participating lawyers with an array of educational and practice management tools. In-kind support from legal service vendors enable incubator participants to test-drive a wide variety of resources designed to support their practices, create efficiencies and enable the delivery of services at lower costs.
    • Innovation is stressed in many programs but has room to grow in others. Several of the programs are introducing concepts such as unbundled legal services, niche markets and alternative billing structures, but some focus on more traditional practice methods. This points to an opportunity for the larger community of incubator programs to draw from the resources of one another and suggests that some level of peer-to-peer technical assistance can expand an environment of experimentation.

     

    What motivates you?

    My parents and other family members taught me the value of “giving back” to the community many of the blessings that had been bestowed on me.  When I was young, I always believed that I could change the world.  As I got older, I realized that changing the world wasn’t a realistic goal but helping to change the lives of individuals so that their lives were more rewarding and fruitful was a more achievable goal.  Once I became a lawyer, I quickly found out that lawyers can be catalysts for social change, brokers for justice and equality and valuable members of society when they use their knowledge and skills to ensure the rights of each individual in our community are respected and protected.

     

    Is there something you’d change about the legal education system, if you had the opportunity?

    I believe that law schools have an obligation to do more that simply confer law degrees.  Given the astronomical cost of legal education in the US, law schools should continue to provide education, training and support to its graduates. The Carnegie Foundation’s Report on Educating Lawyers will lend perspective. Law school provides the beginning, not the full development, of students’ professional competence and identity. At present, what most students get as a beginning is insufficient. Students need a dynamic curriculum that moves them back and forth between understanding and enactment, experience and analysis. Law schools face an increasingly urgent need to bridge the gap between analytical and practical knowledge, and a demand for more robust professional integrity. Appeals and demands for change, from both within academic law and without, pose a new challenge to legal education. At the same time, they open to legal education a historic opportunity to advance both legal knowledge—theoretical and practical—and the capacities of the profession. Legal education needs to be responsive to both the needs of our time and recent knowledge about how learning takes place; it needs to combine the elements of legal professionalism—conceptual knowledge, skill and moral discernment—into the capacity for judgment guided by a sense of professional responsibility. Legal education should seek to unite the two sides of legal knowledge: formal knowledge and experience of practice. In particular, legal education should use more effectively the second two years of law school and more fully complement the teaching and learning of legal doctrine with the teaching and learning of practice. Legal education should also give more focused attention to the actual and potential effects of the law school experience on the formation of future legal professionals.

     

    From your experience in legal writing, please share with our readers the kind of topics that one must write on if they hope to gain recognition for their ideas.

    One should write on a topic for which the writer feels a sense of passion.  Writing to help advance one’s passion or commitment to a particular idea or ideal makes writing so much more enjoyable.  An article that I wrote for an American Bar Association publication on how pro bono work produces good karma was easy to do because the contents of the article flowed from my life experiences and from my heart.  The written word, when used for the right purpose, can be a powerful tool to espouse one’s beliefs, as seen through social media, and to advance the idea of using law as a tool to advance liberty, justice and equality in any society.

     

    What do your responsibilities involve, as Commissioner of the ABA’s Commission on Hispanic Legal Rights & Responsibilities?

    The mission of the ABA’s Commission on Hispanic Rights and Responsibilities to address the challenges and responsibilities facing Hispanics in and within the legal system of the United States.  It strives to accomplish the following:

    1. To provide expertise and resources to develop partnerships among internal and external constituencies of the ABA in order to address the legal issues, that are common to other underserved populations, but within the context of the experiences of Hispanics throughout the United States.
    2. Propose solutions and approaches for the legal profession to meet the opportunities and challenges of the Hispanic community that are exacerbated by such factors as, but not limited to, rapid population growth; language; citizenship and immigration constraints.
    3. Monitor and promote policies that address the unique legal challenges and responsibilities facing Hispanics in the United States.
    4. Develop and support community education efforts, in both English and Spanish, to inform Hispanics about their legal rights and responsibilities on key legal issues such as employment, housing, education, health care, criminal justice, voting rights, and immigration.
    5. Create and advance models through the development of tool kits, social media and communication methodology to transform judicial constructs, legal structures and infrastructures to better address the needs of Hispanic communities, particularly in the areas of language and access to education, employment, and improved public images.

     

    Is there any other suggestion you would like to give to our budding lawyers?

    As the Quaker missionary Stephen Grellet once said, “I expect to pass through this world but once; any good thing therefore that I can do or any kindness I can show to any fellow creature, let me do it now. Let me not defer or neglect it for I shall not pass this way again.”

    As lawyers, we have the potential to engage in the ongoing creation of a world that truly strives to embrace the notion that all men and women are created equal and therefore deserve to be treated as such.  Helping to improve the lives of the most vulnerable members of our community, while also ensuring that we are able to adequately support ourselves and our families, will make the practice of law more analogous to a vocation than to a profession and will inevitably make that world a better place in which to live.

     

  • Devesh Juvekar, Partner, Rajani Associates, on litigation, ADR, and his diverse experience

    Devesh Juvekar, Partner, Rajani Associates, on litigation, ADR, and his diverse experience

    Devesh Juvekar graduated from K C Law College, Mumbai University, in 1995. Devesh Juvekar started his career with M/s Gagrat & Co in 1995 and went on to work with Hariani & Co, Dua Associates, Khaitan & Co and Kalpataru Ltd prior to joining Rajani Associates. He has an experience of twenty years at the Bar in traditional and alternate dispute resolution. He has handled, a wide array of matters such as Commercial Arbitrations, Recovery proceedings, Intellectual Property issues, Conflict of Laws, Product Liability cases, Writ Petitions and General Commercial Litigation. Devesh has appeared as well as briefed Senior Counsels, in numerous fora including at the Supreme Court of India, High Court of Bombay (Original and Appellate Side), various High Courts in India, City Civil Court, Small Causes Court, Sessions Court, Metropolitan Magistrate’s Court, Debt Recovery Tribunal, Company Law Board, Securities Appellate Tribunal and various other tribunals and quasi judicial authorities.

    In this interview we speak to him about:

    • His current role as Partner
    • The evolution of the legal industry from then to now
    • His experience in litigation and ADR

     

    How would you like to introduce yourself to our readers?

    I always perceived myself as a social creature first, lawyer next. I believed, and still believe in dealing directly with the person, rather than the facts and figures – it just makes more sense to me.

    Though my days in law college is a chapter best left unexplored, I do still fondly think back to those stray occasions where I attended classes and enjoyed subjects like contracts and constitutional law. It was a different world for our profession when I was still in law college – a world without seven figure salaries for fresher (articled clerks used to vie for stipends of ninety rupees), or competition among firms for poaching talent. While we didn’t wend our way through law college worrying about internships and letters of recommendation, we had our own worries. For one, it was difficult enough finding a job back then, much less a “paying” job! 

    Even without the scores of technological advances in communication, we made our connections with batch mates and stayed in touch with them during and after law college and those contacts helped.

    Presently, I am a partner at Rajani Associates, Mumbai based law firm and head its dispute resolution practice. 

     

    What  propelled you to pursue law as a career?

    In my days as a law student, law as a major was almost taboo – a major reserved for the trouble-makers, chronic flunkers and the aimless. It took a considerable bit of haranguing and begging back home to even get in. But law was something I knew I wanted to do, simply because I did not want to be a run-of-the-mill engineer or doctor or a chartered accountant that everyone else was looking to be. I guess it was more a choice from negation than an active preference, in that sense.

     

    What was the legal profession like back in the day?

    Like I said before, it was a very different profession back when I was in law college. National law schools were yet to make a mark and create the hiring heaven for law graduates that it has now. I had my heart set on becoming a Solicitor, and had even signed my articles with erstwhile Gagrat & Co., under the tutelage of Mr. P. A. Jani and started working towards it. A series of unexpected personal setbacks, however, compelled me to discontinue it. I do not regret the decision, however – it was an experience that enriched me while it lasted.

    Law practice in Bombay (as it then was), was steeped in traditions dating back to the nineteenth century – you slog in underpaid anonymity to become a Solicitor and earn the respect of your peers, or you slog it in unpaid anonymity as a Counsel till you find a sure footing in the Courts.

     

    What type of skills should a law student strive to develop while in a law school?

    Learn as much law as you can. But bear in mind that for every hour you put in law college, you will still need to put in an additional hundred once you get into the profession, simply into learning. I think reading is the most important skill for a law student which one should strive to develop while in law college. It makes the understanding of law easy and helps one in drafting too, both of which are immensely important for a lawyer. 

    Do not listen to those hundreds of people saying litigation is the way to go for bright students; it isn’t necessarily so. Litigation is something that requires hard work, commitment, and a willingness to emulate the Counsels – slogging away in unpaid anonymity. A lawyer who wishes to litigate would need to develop a lot of resilience – against irate clients, obdurate opponents, and (more often than not) a well intentioned judge who just won’t get your point. It is a long term commitment – one that cannot be taken idly and one that cannot be given up so easily.

     

    What were the difficulties you faced in the early days of your practice?

    Finances, of course, are the biggest difficulty that any budding lawyer would face in the early days and my case was no different. Articled clerkship was especially notorious for the stipends (or lack thereof) that came with it. My experience, even otherwise, was not very different from what you would normally hear from any lawyer growing up in the nineties – finding work, finding a good senior to guide you, making a mark with (and at) the bar, and trying to keep your head afloat through all this.

    I come from an era where internet was a luxury and mobile phones were only for the opulent. Research meant book/commentary unlike today where one has plethora of options on the internet and the information is just a click away.

    Building and maintaining a client both require hard work and utmost care towards them. Beside work of precision, maintaining harmony between good work and good relation is quite vital. Thus, I think, its good work alongwith being updated on various laws and not number of years is which bring in good clientele. Besides, good recommendation also adds to one’s list of client.

     

    Could you tell us about the atmosphere in each of the places you have worked at?

    (Erstwhile) Gagrat & Co.–As one knows,to get a breakthrough in Gagrat was extremely difficult. For me, beginning my journey with such a reputed law firm was indeed special. Gagrat was an old school firm which gave me a very strong foundation with the help of supportive colleagues and superiors.

    Due to the old school style working of Gagrat, the court clerks also played a vital role in each matter. I still remember taking guidance from court clerks on the technical aspects for which they guided me swiftly.

    Hariani& Co.: Even though Hariani, was then, a mid-size law firm, it gave me tremendous exposure in variety of litigation. Besides free hand in various assignments, working under strict timelines was essential at Hariani. This gave me immense confidence in my field.

    Dua Associates.: It was during Dua that I started concentrating more on dispute resolution and arbitration. It was a leap towards next level in my career.  

    Khaitan & Co.: I worked in Khaitan & Co for more than six years. Thus, one can imagine how pleasing it was to be associated with Khaitan & Co for such a long time. I grew along with Khaitan, which gave me the key to handling various top notch clients.

    Rajani Associates: My present work place, Rajani Associates has a very homely environment with every one closely bonded to each other. I think this makes Rajani Associates a comfortable place to work, which, I must add, has a positive effect on the work. I have dedicated team members and each one of them are hard working.

    Different law firms have different style of working and so does the environment vary.  Work environment plays a very vital role for ones success at any work place. I think one should analysis how compatible one would be with the environment he/she is about to enter. Nonetheless, monetary consideration and nature of work one wishes to pursue also requires to be kept in mind.

    Please tell us a bit about your work profile Rajani Associates?

    As I said, I head the dispute resolution practice of Rajani Associates and you can find me in courts/tribunal or in arbitration, more than in office. My profile also includes lot of advisory work where corporates are apprehending or proposing litigation. Beside, we even do a lot of opinion oriented work.

     

    How was your work at Khaitan and Co.?

    I joined Khaitan & Co as a senior associate of their dispute resolution practice and was soon promoted to rank of a principal associate. I was involved in various types of litigation at Khaitan& Co be it property, commercial, admiralty or company court matters.

    Since Khaitan was involved in variety of corporate transactions, it also had challenging company related matter. I was involved in quite a number of company scheme matters which were complex and time bound.

    How has your transition from litigation to alternate dispute resolution been?

    It could hardly be said to be a transition – it is but the same institution in just a different container. Litigation and ADR (alternate dispute resolution) have always been interpolated and connected with each other.

    Of course, in the past ten years there has been a shift from court to ADR, corporates or for the matter, even individuals, off lately, are getting inclined towards arbitration as a method for dispute resolution. One can see, each agreement containing an arbitration agreement which speaks volume of the transition. Though we doubtless enter ADR with a markedly different mindset – with a focus on brevity in proceedings – it can hardly be said that the shift was so considerable as to consider it a transition. It was more a matter of re-alignment – of thought, strategy, focus, and endgame.

    ADR is making its mark – especially with the Government making a big push for it now, with the amendments to the Arbitration and Conciliation Act, 1996. But let us be clear on this: any litigator who is worth his salt in court should handle the shift comfortably enough.

     

    Is mediation a better option than litigation in India?

    Mediation is definitely an option to explore before initiating any litigation. It cannot, however, be regarded as an alternative to litigation per se – certainly not in every case. The idea behind mediation is to attempt to find a middle ground between the parties, and save everyone the resource outlay needed for a long drawn litigation. One rarely finds this in commercial litigation – where strategies are often fine tuned for multiple eventualities arising during an ad-interim hearing. 

    I must, however, add that the institutionalisation of mediation is definitely a step in the right direction – in terms of the statute. All that is left is for us to wait for the institution itself to catch up in terms of infrastructure, penetration and training the mediators. Even though, parties in India engage themselves in mediation process, thanks to the contract or the court intervention, personally speaking, it seldom ends on a positive note. I also believe for a mediation to become successful, parties have to be open-minded and should not remain adamant on their demand. Only then can the entire process of mediation succeed.  

     

    What are your comments on the current state of Arbitration Law in India? 

    I think with the amendments in the arbitration law, particularly the 2015 amendment to the Arbitration and Conciliation Act, 1996, it has come at par with the international arbitration laws. I have seen the shift from the 1940 act to the 1996 act and it is a whole new era for the Indian arbitration. Court interference, in an arbitration, has become less, while earlier courts used to, or if in can say, was required to intervene considering the structure of the prevailing extant laws.

    However, I think there is still scope for further smoothing the process of arbitration. Few of the examples which still require better clarity are as follows:-

    • Whether the 2015 amendment applies to all the on-going proceeding (arbitral proceeding or proceeding related to arbitration) or only to arbitration proceeding initiated after October 23, 2015? This controversy is pending before the Apex Court and presently different High Courts have had divergent views.
    • Execution of foreign awards are still halted for technical reasons.
    • The schedule of fees prescribed for the arbitrator in the 2015 amendment is strictly not followed.

     

    What advice would you have for law students who wish to take up Arbitration as a career option?

    Arbitration and conventional litigation go hand in hand, so don’t assume you’re going to evade one by choosing the other. Attend as many internships while in law school/college – the experience matters a lot for yourself (and not necessarily to your recruiter, I’m sorry!). Read judgements – as many of them as you can. Master the art of reading judgements, because you’ll need to do it a lot, and fast, especially in your foundational years. If at all possible, learn patience, for you’ll need a lot.

     

    What are you recommendations for making alternate dispute resolution more popular and common in India?

    More institutionalised arbitrations, better infrastructures for the institutions, and a greater impetus from the Government is definitely the way to go. I think arbitration is already quite popular in India with certain caveats.

    One cannot ignore the role to be played by lawyers in advising their clients to opt for ADRs, but I believe it would certainly follow once a certain assurance can be had that costs, time schedules and issues won’t escalate. The 2015 Amendments are definitely a step in the right direction for that, but one now needs to see how the implementation occurs. As ironic as it may sound, the Courts will be key in safeguarding ADR laws!

    I also think mediation particularly needs a shot in the arm to become as popular as arbitration. I believe mediation process has great potential. However, as said earlier, the perception about mediation of individuals/corporates need to change in order for mediation to become a success.

     

    Certain international commentators have seen and argued that the host state should keep an eye on functioning of the judiciary. What are your views?

    Courts in India have held that the executive, the legislature and the judiciary are required to function independently without each other overstepping their limits. In fact, Judiciary even has the power to declare laws made by legislature as unconstitutional or ultra vires if they are in conflict with the fundamental rights of a citizen. I believe it is very important that Judiciary is left independent and the function whereof should not be interfered by the state.

     

    Is there any skill or secret you picked up over the years that you believe is critical to a lawyers success?

    Patience. I see youngsters itching for a promotion barely two years into a team – sometimes actively campaigning for it. It was unthinkable of, in my early days, to even ask our boss whether we’ll be paid for working in his chamber. A lawyer’s retainer is something that he commands, not demands and that will take its time arriving, one needs to be patient for that.

     

    What would be your parting message to all the law students?

    Don’t miss the wood for the trees in this profession; it is all about the people. Facts, figures, precedents, legal acumen, an eidetic memory – these will get you far, don’t get me wrong but, connect with the persons you meet along the way. Listen, empathise, be eager to learn, develop contacts and make your impression. That’ll take you much further than just the skills.

  • Thayananthan Baskaran, Partner, Zul Rafique & Partners, on ADR, and practice in Malaysia

    Thayananthan Baskaran, Partner, Zul Rafique & Partners, on ADR, and practice in Malaysia

    Thayananthan Baskaran graduated in law from King’s College, London, in 1998. Presently, is a Partner with Baskaran, Kuala Lumpur, and an associate member of Crown Office Chambers, London.

    Thaya’s primary area of practice is construction law. He drafts various building and engineering contracts, advises on disputes arising from such contracts and appears as Counsel to resolve these disputes.

    Thaya is a co-author of The Belt and Road Initiative: Legal Risks and Opportunities Facing Chinese Engineering Contractors Operating Overseas published by Kluwer Law International in 2019. Thaya is an editor of Construction Law International, the magazine of the International Bar Association’s International Construction Projects Committee. Thaya was also the President of the Society of Construction Law Malaysia (2016-2017).

    In this interview we speak to him about:

    • Practice in Malaysia
    • His experience in arbitration
    • His expertise in construction law

    How would you like to introduce yourself to our readers?

    I am an advocate and solicitor based in Kuala Lumpur with chambers in London.  My primary area of practice is construction law. I draft various building and engineering contracts, advise on disputes arising from such contracts and appear as Counsel to resolve these disputes.  I also sit as an adjudicator, arbitrator and mediator.

     

    Share with us some of your experiences as a student of law at King’s College, London.

    I read law at King’s College, London, almost twenty years ago.  I enjoyed studying criminal law and jurisprudence in College and particularly recall writing an essay on how rape should be regarded as a form of heinous assault or bodily injury.  I would like to have studied human rights law but was wary as there was no textbook on the subject at the time.  Apart from the College, I very much enjoyed my time in London.  London remains one of the great cities of the world, and I spent a lot of time at the bookshops, galleries and theatre.

     

    What advice would you give students about avoiding a decision paralysis?

    My advice would be to start practice after completing the bachelors degree and being called to the Bar.  Once you have started practice and decided on the area you would like to specialise in you can consider doing your masters in that area.  Practice is quite different from theory, so it is perhaps best to practise first before deciding to specialise in an area.

     

    Have you always been keen on a career in contract and ADR?

    When I started practice in 2000, the metro rail was being completed in Kuala Lumpur.  I was involved in advising on disputes arising from this project.  Like most construction lawyers, one project leads to another, and before you know it you have specialised in the area without actually having consciously decided to do so.

    The standard form construction contracts used in Malaysia and internationally provide for the resolution of disputes by arbitration.  So, from advising on these disputes, it was a natural progression to appearing as Counsel in arbitration.

    Later, I was appointed as an adjudicator, arbitrator or mediator to determine these types of disputes, as well as more general commercial disputes.

     

    What was your path to being empanelled on several prestigious arbitration centres like? 

    As mentioned above, my area of practice to some extent naturally led to my sitting as an adjudicator, arbitrator or mediator.  There are certain key persons who have encouraged me to pursue this.  Firstly, I must mention Datuk Professor Sundra Rajoo, the Director of the Kuala Lumpur Regional Centre for Arbitration, who encouraged me to sit for the Chartered Institute of Arbitrators examinations and be empanelled with the KLRCA.  Once I had become a Fellow of the Chartered Institute of Arbitrators, been empanelled with the KLRCA and sat as an arbitrator in Kuala Lumpur I was able to apply for and be accepted at various international arbitration centres.  I must also mention Dr Cyril Chern, a barrister at my chambers, Crown Office Chambers, and the author of Chern on Dispute Boards, who encouraged me to pursue contractual adjudication and was instrumental in having me elected a Fellow of the Dispute Board Federation Geneva, which led to my being on their Expert Panel.  

    It has always surprised me to some extent, from my experience as an arbitrator, that people, disputes and the basic principles of law are the same around the world.  Despite the apparent divide between the civil and common law traditions, I believe there is more in common in principle than there are differences.

     

    Could you please share with us some of the key nuances of good drafting and how rookie mistakes can be avoided?

    The key to drafting construction contracts is to firstly thoroughly understand the model that the client intends to use.  There are many models in the construction industry, such as conventional contracts, design and build contracts, design build operate contracts, and so on.  There are also the newer and more innovative models such as partnering and alliance type contracts.  Secondly, once the model has been understood, it is perhaps always best in the construction industry to start with a standard form contract that suits the selected model and the division of risks between the parties.  The standard form may then be amended to reflect the particular needs of the client.  These amendments should be of a minimally invasive nature so as to prevent affecting the structure of the standard form.

     

    What are the key attributes that one must develop in order to excel in the field of arbitration and mediation? 

    I would highly recommend doing the Diploma in International Commercial Arbitration offered by the Chartered Institute of Arbitrators.  This provides a solid theoretical basis for future practice.  In terms of practice, one should set aside sufficient time before the hearing to read the papers thoroughly, to enable clarification of matters during the hearing.  Most arbitrations are decided on the facts, which are, in turn, largely reflected in the documents.

    As to mediation, again it is best to start with some formal training.  I was trained at the Singapore Mediation Centre, which offers an excellent course in Asia.  Loong Seng Onn, the Executive Director of SMC, plays a leading role in the training, which provides an understanding of the skills required of a mediator.  These skills are quite different from those of an arbitrator.  Here, the key really is to keep an open mind and determine the common interests of the parties that will facilitate a settlement.  Once these interests are identified, from my experience, even if a settlement is not reached at the mediation it is likely to be achieved soon after.

     

    Having worked in Kuala Lumpur, Singapore and London, what are the cultural differences that you find in the legal environments of these countries? 

    There is more in common between us than there are differences.  English and the common law system are used in all these jurisdictions, which helps.  Having said that, there is always much to learn from other jurisdiction.  The skilful cross examination of barristers in England is a pleasure to attend and may be adapted in Kuala Lumpur.  The efficiency of solicitors in Singapore is well known and can serve us as a benchmark for practice.

     

    As a Partner at Zul Rafique & Partners, what does a typical work day look like for you?

    I’m afraid I don’t really have a typical work day, as my work is so varied.  It depends whether I’m in court or at an adjudication, arbitration or mediation or whether I’m in Kuala Lumpur or overseas.  Much of the pleasure of my practice is the varied nature of the work and the travel it involves.

     

    In your opinion, has Alternate Dispute Resolution fulfilled the role of administering speedy justice while ameliorating the heavy backlog of cases in the courts?

    Again, I’m sorry, or rather, I’m delighted to say that there are no backlogs in the courts in Malaysia after the reforms initiated by The Right Honourable Chief Justice of Malaysia Tun Zaki Tun Azmi.  Cases in the High Court are disposed of within six to nine months and appeals are disposed of within three months.  The challenge now is to justify arbitration to clients.  In international contracts, arbitration is more easily justified as the award may be enforced almost globally under the 1958 New York Convention.  In purely domestic contracts, arbitration is now justified more in terms of the expertise of the arbitrator, the confidentiality of the proceedings and the relative informality of arbitration, as compared to the courts.  However, domestic arbitration will have to keep up with the speed of the courts.  Parties will have to explore more innovative forms of arbitration such as, documents only arbitrations and chess clock hearings to reduce time and cost.  These innovations are becoming more common in practice.

    Apart from arbitration, statutory construction adjudication in Malaysia does have an advantage in terms of time and cost over court proceedings.  Generally, these adjudications only take three months and are determined solely on documents.  They have proved very popular.  However, the adjudication decisions are only temporarily binding.

     

    Could you tell us a little about your upcoming book? 

    My book is essentially a commentary on the Malaysian Arbitration Act 2005, which is based on the 1985 UNCITRAL Model Law on International Commercial Arbitration.  The commentary includes judgments by the courts of Malaysia on the Act as well as reports and analysis by the UNCITRAL.  Writing the book, while being in active practice, has involved managing my time I try to write every night after work.  I have a substantial library in my house, which I am able to refer to and work from.  Writing the book has been one of the greatest pleasures of my practice and I look forward to its publication later this year.

     

    What books, judgements that you have read, have played an integral role in shaping your legal philosophy as a lawyer?

    In terms of arbitration, I have very much enjoyed reading the works of Professor Emmanuel Gaillard, in particular the Legal Theory of International Arbitration.  Professor Gaillard’s ability to transform what is essentially a very dry subject into compelling reading is really incomparable.  

    In terms of judgments, the ground breaking and yet simple and lucid judgment of Lord Atkin in Donoghue v. Stevenson never fails to amaze me.  It should be read and reread in terms of how to be quietly revolutionary.

     

    How do you manage to maintain a work-life balance as a busy legal professional?

    I don’t attempt to maintain a balance, as I do not see a distinction.  I enjoy my work very much and do not, in that sense, see it as work.  The words of the Bhagavad Gita on duty come to mind in this regard:

    It is better to do thine own duty, however lacking in merit, than to do that of another, even though efficiently.  It is better to die doing one’s own duty, for to do the duty of another is fraught with danger.

     

    How do you keep yourself abreast with all the daily news, happenings and legal developments in the world?

    I read journals.  Recently, I have discovered that the Supreme Court of the United Kingdom has some important judgments read out and recorded.  These recordings are available on their website and have become my favourite ‘movies’.

     

    What advice would you like to give our readers, who are mostly law students and young lawyers?

    Enjoy your work, it will be much of your life.

     

     

    LAST UPDATE MADE ON 28.07.2021 BY ISAM KABIR  AND THE SUPER LAWYER TEAM

     

  • Dr. Milind Antani, Leader-PharmaHealthcare and Social Sector, Nishith Desai Associates, on switching from medicine to law, managing healthcare practice, and his diverse experience

    Dr. Milind Antani, Leader-PharmaHealthcare and Social Sector, Nishith Desai Associates, on switching from medicine to law, managing healthcare practice, and his diverse experience

    Dr. Milind Antani graduated in law from SP University, Vallabh Vidyanagar, in 2004. Dr. Antani has been a practising ENT surgeon prior to that. He currently leads Pharma & Healthcare Practice and Social Sector Practice at Nishith Desai Associates. He represents clients in matters including mergers and acquisitions, investments, regulatory and transactional matters, intellectual property prosecution and litigation, joint ventures and new companies.

    In this interview, we speak to him about:

    • Making the shift from medicine to law
    • Working with Nishith Desai
    • Developing the pharmaceutical and healthcare practice

     

    What motivated the shift from medicine to law?

    After my MBBS, I did my Masters (MS) in ENT Surgery. Post that, I practiced for fourteen years as an ENT surgeon in Gujarat. I would rephrase that question and ask who motivated the shift, and not what. Nishith Desai motivated me to consider taking up the legal profession in order to start, develop and groom the pharmaceutical and healthcare practice. He encouraged me to make the difference with the domain knowledge that is so crucial for any profession. And post that what kept motivating me was the challenge to develop this practice. The challenge for the transition was to change mind-set from being a doctor to being a lawyer, being from a small place like Anand in Gujarat to a big place like Mumbai, and understanding the whole domain from the legal perspective.

     

     

    Tell us a bit about your time studying law as an undergraduate student.

    Studying law was not easy as I did that along with my active practice. Working out schedules of surgery and classes was a challenge but with good support of college and teachers I could manage the same. I was very focused while pursuing law that would be relevant to the pharma and healthcare practice.

     

    How has your education in medicine and medical practice of over fourteen years helped you in your career as a lawyer today?

    Significantly. Having knowledge of the domain in which you are working always helps. It has helped me understand client issues easily and then explain it to my colleagues in a better way. Understanding medicine as well as law has helped me work out relevant solutions to problems. Client gets comfortable when lawyer understands his language and speaks the same language too.

     

    Could you tell us about the internships you took up, and what you learnt from those experiences?

    Unfortunately, due to the professional schedules, I could not do internships during studies. But I must say that internships provide an excellent opportunity to students to gain practical knowledge and application of mind.

     

    What are the parameters that must be considered in deciding what the next step should be after graduation?

    According to me, decision paralysis is never by default but by choice. I firmly believe in the Seven Habits of Highly Effective People by Stephen Covey. Habit 2, “Begin with the End in Mind” and Habit 3, “Put First Things First” give you the correct perspective on deciding and then managing career. Every law student must keep these in mind and work on their career. I suggest only one parameter and that is “Believe in Yourself” and things will follow. Money should never be the parameter as I strongly believe money is the by-product of good efforts.

     

    Could you tell us about the Sixth Sense Academy for Human Excellence?

    Soft skill training has always been a passion for me and I am a certified trainer of Indian Junior Chamber (Jaycees). I started this academy to train students of schools and colleges in Anand. I still do such programs whenever the opportunity arises.

     

    On what parameters do you choose the projects you work on?

    Sometimes you don’t have a choice to choose the project to work on but we need to work on for clients. But yes, projects in which we can make the difference to clients definitely give that kick to work and deliver the best. And to build as specific body is very crucial as we need to tap in the best resource for the work.

     

    How did you come to work with Nishith Desai Associates?

    As mentioned in my first response it was Nishith Desai who motivated and encouraged me to change career and I haven’t regretted it. It is the ease, the simplicity, the culture, amazing colleagues, the autonomy to work makes it most enjoyable for me.

     

    What does a typical working day at Pharma & Healthcare Practice look like for you?

    Our firm has consciously moved to “Networked Leadership” from “Partnership” model. Hence no one is partner in the firm and this has led to cultivation of leadership mind-set in every firm member. The firm strongly believes in work-life balance and hence working hours don’t get stressful unless a transaction or a matter demands so. The culture and the processes do not make learning challenging at all at NDA. Personally I have not come across any major challenges to work at NDA as NDA provides ample opportunities to learn at every level from most junior to the most senior.

     

    What advice would you give to lawyers who aspire to develop a proficiency in multiple fields of law?

    “LOOK up, GO for it. You will GET it.” The challenge is where to look up. So it is important to work hard towards what you want to achieve. Decide what you want, work on the same. I believe it is important for a lawyer to become a visible expert. Hence the lawyer must continue to focus on one specific area and develop expertise of the same that will make him visible in the market.

     

    Did you have a mentor or guide during the formative years of your career?

    It is very important to have someone to whom you can look up to not only during your formative years but during entire career. And for me Nishith Desai was that person to whom I always look up to. Another person to whom I look up to now for last four years is my son, Kavan, who is twenty years and is an entrepreneur. He has been my greatest guiding force for everything.

     

    Could you share with us some of your experiences from working on high profile cases while at Nishith Desai Associates?

    Can’t put a finger to anything in particular but it has always been challenging with fun and more unlearning than learning at NDA. And this is vital for development as a professional

     

    Could you take us through the process you adopt while writing a paper or book?

    (Dr. Antani has co-authored a book on Contract Research and Manufacturing Services in relation to the regulation of the pharmaceutical and biotechnology.)

    Research, team work and application of mind with practical approach. Whatever you write, should be easily readable, understandable, applicable and useful to the reader.

     

    What books, judgements that you have read would you say have played an integral role in shaping your legal philosophy?

    Rather than books/judgement I would say input from all the colleagues specifically Nishith Desai, Gowree Gokhale, Vaibhav Parikh and Anay Shukla have played a big role in developing my legal philosophy. So my advice to everyone is to develop a capability to listen well and understand feedback and changing accordingly. And of course one needs to go through specific books on law.

     

    What are the key attributes that one must develop in order to excel in this industry?

    Believe in yourself, set goals (short to mid to long term), decide priorities, unlearn a lot, listen carefully, change when required and act on what you believe is right

     

    How do you manage your time between your professional and personal interests?

    I always believe that everyone has time what is required is managing time. I enjoy reading books, watching movies and Gujarati plays, watching sports and soft skill training.

     

    What are the challenges you have faced in building up your career as it stands today?

    The biggest challenge was to disengage myself from the ‘small town’ tag, understand hard core legal nuances, and convince myself and others that a doctor can be a good lawyer too. For next seven to eight years I will keep doing what I have been doing here at NDA, take the practice to next level and give it in the hands of my successor when I retire.

     

    Given the dynamic nature of the field you practice in, how do you keep yourself updated about the latest developments in the law?

    Read Read Read; Listen Listen Listen; Talk Talk Talk; Discuss Discuss Discuss .Always remain in a playfield attending key events.

     

    What advice would you like to give our readers, who are mostly law students and young lawyers?

    Set specific goals, stay focused, develop domain expertise and become Visible Expert. And most important believe in yourself.

     

  • Iqbal Khan, Partner, Shardul Amarchand Mangaldas, on his time in LSE, his diverse experience, and plans for the future

    Iqbal Khan, Partner, Shardul Amarchand Mangaldas, on his time in LSE, his diverse experience, and plans for the future

    Iqbal Khan graduated in law From London School of Economics and Political Science in 2006. Prior to that he had attended DePaul University, where he pursued his Bachelor’s Degree in Computer Science. Following his graduation in law, he went on to pursue his JD from Columbia School of Law as a GradeHarlan Fiske Stone Scholar. He is currently Partner at Shardul Amarchand Mangaldas, where he is member of the Private Equity and Mergers & Acquisitions Practice Group. He advises some of the largest sovereign wealth funds, global private equity funds and strategic corporates, and specializes in private equity investments, mergers and acquisitions (both domestic and cross-border), joint ventures, advisory on foreign investment laws and corporate and commercial laws. His experience also includes advising on franchising and restructuring laws.

    In this interview we talk to him about:

    • Transitioning from science to law
    • Working for international and Indian firms
    • Striking a work-life balance

    How would you like to introduce yourself to our readers?

    I can best describe myself as an M&A / PE deal junkie with a passion for cricket, food and Bollywood films. I am currently an equity partner at Shardul Amarchand Mangaldas. My work primarily focuses on M&A and PE investments.

     

    What motivated you to switch from science to law?

    (Iqbal transitioned to law after completing his B.Sc. in Computer Science from DePaul University.)

    At DePaul, which then had one of the best computer sciences programmes in the U.S., I completed my four year degree in less than three years and then started consulting for Cambridge Technology Partners and Microsoft, respectively. While on a flight to a client’s office, I found a book, Barbarians at the Gate – The Fall of RJR Nabisco in my seat cover. This book changed my life. Barbarians at the Gate details the story of the leveraged buy-out of RJR Nabisco (a must read for every aspiring M&A / PE lawyer).  This book was a turning point in my career and inspired me to change direction, and pursue a career in law with a focus on mergers and acquisitions and private equity investments.

    In fact for all their many differences, law and computer science are surprisingly similar disciplines. They both train you to make decisions and to articulate a framework for managing exceptions. My background in computer sciences had given me solid analytical skills and these were indispensable in my study of the law. Hence, my biggest challenge, as we lawyers like to say, was not substantive, but procedural.

    Pursuing a law degree also meant placing on hold other opportunities for career development.  So I declined several promising roles with start-ups and consulting firms; and in retrospect I am happy with the decisions I made. Law school also meant a significant financial commitment and at the time this was challenging though I was fortunate to have a great deal of moral support in pursuing the degree in spite of the fact that it seemed more attractive to continue working at the time.

     

    Tell us a bit about your time studying law at LSE. 

    The LSE, in my opinion, is one of the best educational institutions in the world.  If we ever have kids and if they ever decide to study abroad, I would recommend that they go to the LSE.  Its teaching philosophy is modelled after its moto — rerum cognoscere causas, a line taken from Virgil’s Georgics meaning “to know the causes of things.”  I have fostered relationships at the LSE, both with academics and students, each of which I value deeply, and hopefully, when I am even more established and successful, I would like to give back to the LSE – both financially and with my time.

    In terms of activities, while I was a student at the LSE, I was on a very tight budget because I was self-funding my education then. So I enjoyed London – a colloquial for I walked everywhere and ate what I could afford.  And this helped me, at in my view, become a more humble man.  And therefore, I believe the LSE gave me a great education in law, and life at the LSE, gave me a great education in life!

     

    What are the parameters that must be considered in deciding what the next step should be after graduation?

    I place a great deal of value on work experience at a law firm and I would consider this to be the best step to pursue after graduation.  Joining a law firm helps young graduates develop and refine their own logical framework of addressing legal issues and this is critical in the practice of law.

    As a young associate, students also have the opportunity to work with multiple Partners and across a range of complex transactions. This builds important skill sets, including the ability to manage clients, your immediate boss and to prioritize competing deadlines.  As a young associate you’ll learn a great deal from each transaction, and each experience is an important building block in informing your strategy for your next deal. Law firms also tend to be less bureaucratic for young associates. If you’re willing to work hard, you can navigate your way across different types of transactions so you make the most of your experience.

     

    Do you try to consciously build a specific body of work?

    Over the past few years the role of senior lawyers has changed.  We are no longer called on only to execute an agreed upon term sheet.  Instead we are seen as critical collaborators for our clients when the deal is in its most nascent stage.  Clients frequently bring me in to advise on the strategy for the transaction and not just its execution.

    For me, my transactions give me an opportunity to extend the firm’s relationship with the client; new or vintage. This is a business where reputation matters, and it is always a moment of pride for us at SAM when our existing clients bring in new clients to the firm.  It’s a testament of how much they value the advice, expertise and trustworthy relationship that we bring to the table. I have a clinical approach to choosing transactions. I tend to work on deals where I can best leverage my expertise in advising on strategy for complex transactions. I also enjoy working on deals, which allow me to draw on my international experience to find new and creative ways to structure a transaction. This has been my approach to building my practice.

     

    Tell us about your early professional experiences at Paul, Weiss, Rifkind, Wharton & Garrison LLP and Kirkland & Ellis LLP?

    My wife used to call Paul, Weiss my first love, because I spent more time at work, then at home with her.  Both Paul, Weiss and Kirkland are exceptional legal institutions, and instilled in me the work ethic and the commitment to clients; both of which are essential to a successful legal career.  Beyond the deals (and both firms have been at the helm of major transactions) and the 2 am sushi dinners at work, both firms introduced me to a formidable set of mentors and collaborators, and I am privileged to count them among my most trusted friends and colleagues.

    The sheer breadth of experience and diversity of transactions at both firms was a key strength for me in my early years as a lawyer.  While at Paul, Weiss, I was part of the team that represented Apollo in what has been designated as one of the key material adverse change cases – Huntsman v. Hexion.  At Kirkland, I what part of the team that did the largest leverage buy-out transaction in India – Apax’s PIPE in iGate for acquisition of Patni.

    All in all, I have been very fortunate for these opportunities, and my own practice in India is modelled after the ethical values I learned at these institutions – that of respect and of immaculate client service.

     

    How did you come to work with Khaitan & Co.? 

    I moved to India in 2013 on account of family reasons.  When I left Kirkland in New York, I had just worked on the Apax-iGate-Patni transaction with Khaitan, as the Indian counsel on the transaction.  Therefore, even though I had offers from some of the top Indian law firms then, I decided to move with Khaitan because of my comfort level with the team there.

    At Khaitan, I fostered some very good relationships, but the ones which I value the most are with RBJ, Sid, Bijal, Bhatta, Moin, Niren, Jean, Chemburkar and Vaishali (now at Agram, and my rakhi sister) – all very good lawyers (except for Jean and Chemburkar – they are exceptional BD professionals) in addition to being wonderful friends. Also, a special shout out to Shankar – the cafeteria manager – for amazing unda pav and missal pav!

     

    How did you make the transition from working at international law firms to an Indian one? 

    There is great deal of a difference between international law firms and Indian ones, and then among Indian law firms.  I can probably write a book on this topic, so let me talk about one or two key difference.  International law firms, at least the ones I have worked for, are very particular about the kind of transactions / cases they choose from and they do not shy away from declining a matter for any number of reasons, including when it comes to fees.  In addition, lawyers at international firms – from a first level associate to the senior most of partners – are always accessible 24×7 to their clients.  Also, I remember my Paul, Weiss induction course till this date where every member of the incoming class was taught by the senior leadership to never compromise on your ethical value systems and to never disrespect your colleagues – ever!  Finally, another element that I miss the most are the support services at some of these firms.  For e.g., from subsidized gourmet cafeterias and gym memberships to 24×7 word processing services.

    SAM is modeled after a top-tier international firm (minus the gourmet cafeteria and free gym memberships).  For e.g., even when I travel, I am always reachable thanks to SAM’s technology and infrastructure team.  Further, neither do we encourage nor do we tolerate disrespectful behaviour at the firm.  Finally, Shardul sir, Pallavi ma’am and Akshay have been very clear regarding maintaining the integrity of the firm and regarding never diluting the value of our letter head.

     

    As Partner at Shardul Amarchand Mangaldas & Co, what does a typical working day look like for you? 

    Law is a demanding career, and the long hours are a common feature irrespective of seniority. Regardless of how busy my days are I try and keep a balanced schedule, which includes an hour of meditation at 4:30 am and a late night walk on marine drive. Irrespective of my schedule these two components add stability (and sanity) to my days and are an indispensable source of strength and peace of mind.

    I am an early bird, and I like to get into work by 7:30-8:30 AM before the calls and the meetings start, as I do most of my drafting and reviewing work in the morning.

    Between noon and early evenings on most of my day, I am either on calls or in meetings – with my team on various matters or client meetings. My days usually end at 10:30 PM on average though hours are deal sensitive and when we have a signing / closing, there really isn’t a hard stop to my day.  I am not a believer in face time, so unless there is a live deal, my teams don’t work crazy hours and can work from home late at night depending on the pace of each transaction. I have seen a number of associates burn out early in their career, so it’s important for me, and I also encourage my team, to retain a balance and sense of perspective.

     

    What advice would you give to lawyers who aspire to develop a proficiency in Corporate and Commercial Laws?

    Just one – read, read and read, and when you are tired of reading, read some more.  Reading case laws, transaction documents, statutes and scholarly articles will help you grow your repertoire, and then will come a time, when this will become second nature!

     

    Did you have a mentor or guide during the formative years of your career?

    Mentors have a formative role across careers, and law is no exception. I have been fortunate to have benefited from the guidance of a formidable set of mentors, including professors at the LSE and at Columbia, senior partners at Paul, Weiss and Kirkland and of course Shardul sir and Pallavi ma’am at SAM.  My own view is that while there is a lot of attention devoted to finding mentors, there is much less attention focused on making yourself mentor-worthy.  Mentors are great sources of collaboration and advice, but engaging and retaining a mentor is hard work and requires discipline, focus and a commitment to excellence in your field.  If you bring this to the table, you will find mentors happy to encourage, advise and even collaborate with you.

    At the LSE, Professor Martin Loughlin played a very important role in my development as a law student.  Followed by Igor Kirkman and Tervor Norwiz (both partners at Watchell) at Columbia who taught me how to dissect an M&A agreement at lightning speed and how to negotiate – a key skill set for every M&A lawyer.

    I am also very grateful for the mentorship and friendship of Ariel Deckelbaum at Paul Weiss.  The same credit extends to Sri Kaushik at Kirkland.  In addition, a special shout out to Bob Schumer, Tarun Stewart and Justin Hamill at Paul, Weiss for teaching me, by example, the qualities of an exceptional lawyer, and to Leo Greenberg for the same at Kirkland.

    I honestly believe that as lawyers we continue to learn from our mentors, and even today at Shardul Amarchand, I am floored by the humility and the legal acumen of Shardul sir and Pallavi ma’am. I consider them both as my mentors as well.

     

    What are the key attributes that one must develop in order to excel in this industry?

    There are two types of attributes: those based on aptitude and another set, based on attitude. So all lawyers need to check off the boxes in terms of knowledge of the law and adherence to the cardinal principle of attorney-client privilege. But these are simply the attributes of a good lawyer.

    Good lawyers are defined by knowledge. Great lawyers are measured by the trust their clients have in them; and trust is a function of excellence and personal integrity. These two attributes define success in law (as they do in most other fields as well).

    As a lawyer, it is also critical to appreciate your client’s requirements while addressing complex and challenging issues and to build your relationship with each client. At the end of the day clients need to know that their case has your individual and personal attention. In terms of my own practice, I have built it on both depth and breadth, i.e., working on new matters with existing clients as well as taking on new matters from new clients. Both in my view are critical to building out a Michelin 3-star type practice.

     

    How do you manage your time between your professional and personal interests? 

    I am a very religious man – if you, like me, designate cricket as a religion.  Besides watching cricket (and doing the Govinda dance every time Virat slams the ball across the boundary) and tennis (go Federer!), I enjoy watching Bollywood movies.  I have deep affinity for everything Indian – from the Indian Cricket team to my favourite cuisine – Indian; and much of this is based on the fact that I have spent a better part of my life outside India. So the connect to all things Indian has been strong.

    I also have an interest in cars (vintage rules), art (both Renaissance and modern) and architecture. Volunteering is a passion and both my wife and I are actively involved in voluntary capacity with the institutions and agencies of the Aga Khan Development Network.

     

    Where would you like your career to take you five years down the line?

    At the end of the day, career trajectories are all about excellence. The notion that you’ve “arrived” or “made it” is misleading because when you reach what used to be your milestone, another one appears over the horizon. I would say simply this that I wish to build my career in pursuit of excellence and that means continuing to have one of the best M&A / PE practices in the country and ensuring that SAM continues to be one of the most well respected firms in the field.

    Given the dynamic nature of the field you practice in, how do you keep yourself updated about the latest developments in the law?

    Law and perhaps medicine are two fields where continuing education is critical to survival. Because law doesn’t function in a vacuum (and depends on political, social and economic context, among other factors), advising clients on structure and interpretation can be complex in a rapidly changing environment. SAM is fortunate to benefit from an amazing CLE team that provides daily deal and regulatory updates.

    Within my team we are also required to write articles (which therefore means we need to stay updated) and discuss key issues each week.

    For e.g., we’ve discussed everything from arbitration provisions (and the issues involved from a private equity investor point of view) to various transaction structures and their implications.  To attend and to be part of the CLE curriculum – at a firm level and at a team level – is an absolute requirement for all my team members.

     

    What advice would you like to give our readers, who are mostly law students and young lawyers?

    My advice would be to twofold: the first that students invest in quality education and target only the best possible schools for their law degree.  

    The second that they invest in continuing education as well. Law is a complex and rapidly evolving field and frequent changes both in substance and interpretation require that students invest in continuing education throughout the course of their career.

    Overall, neither of these are possible unless you love the field of law. Good lawyers are defined by knowledge but great lawyers have a passion for the law. Pursuits based on passion bring success!

  • Aradhana Bhansali, Partner, Rajani Associates, on real estate law, arbitration, and corporate practice

    Aradhana Bhansali, Partner, Rajani Associates, on real estate law, arbitration, and corporate practice

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  • Bhumesh Verma, Partner, Link Legal India Law Services, on commercial law, his teaching experience, and the art of writing

    Bhumesh Verma, Partner, Link Legal India Law Services, on commercial law, his teaching experience, and the art of writing

    Mr. Bhumesh Verma graduated from Delhi University in 1994. He was selected as a Chevening Scholar in 2000 by the UK government. During this scholarship, he studied at the College of Law at York and worked with Ashursts in London. Mr. Verma is currently a partner in the corporate and regulatory practice team of Link Legal India Law Services, New Delhi. He began his career at Ajay Bahl & Co. (now part of AZB & Partners) and went on to become a partner at Khaitan & Co and PKA Advocates before joining Link Legal. Mr. Verma has 22 years of experience in domestic as well as international corporate and commercial matters.

    In this interview we speak to him about:

    • His illustrious career, and his diverse experience
    • His passion for teaching
    • Engaging in academic writing

    How would you like to introduce yourself to our readers?

    I am a law student. Having spent some time in the profession with wonderful lawyers and clients, I may know a bit more about law and business than some young law students or lawyers, but that’s about it. In the legal profession, one is always learning and updating.

     

    What inspired you to take up law? 

    STEM disciplines have always been most popular among parents and even majority students. Being a school topper, I too was expected to pick up science. Maths was one of my favourite subjects. However, I had no interest in medicine, engineering or any other technical course. I picked up commerce and went on to pursue B.Com (Hons) from Delhi University. During my graduation, I got acquainted a bit with business laws.  It sounded interesting and challenging, so I thought pursuing law would be good option for me.

    I come from a humble, salaried class family. There was absolutely no one in my family, nor a friend in the legal profession (I don’t think even today is, besides me). My family never even knew a lawyer. To add to it, immediately after my graduation, I landed up a job as Accounts Executive with a good NBFC. So, all these circumstances were conspiring to drift me away. However, family being sure of my conviction and track record in studies till then, gave in.

     

    How would you contrast your time as an undergrad at Delhi University with your experience at College of Law, York, England?

    Campus Law Centre, Delhi University used to be among Asia’s top law schools in 1990s. Studying there was fun in those days. Even getting the admission makes it a funny story now. Ours was the first batch for which an entrance exam was introduced in Delhi University. We had absolutely no syllabus, no workbooks, no coaching classes, no preparation. Just appear in an entrance exam one Sunday morning and wait if you are in or not. This is how the first batch got in.

    The classes were held in typical old-school style – black board, chalk and talk. There were no computers or gadgets to help, no online searches available. We had to use the library a lot. Some smaller roadside help books called ‘Dukkis’ were also available and some students used it for last-minute cramming.

    College of Law at York was a different ball game altogether. Use of PPT, computers, interactive sessions, negotiation role-play, drafting skills workshops, interaction with local practicing lawyers, visits to Courts in London, Edinburgh and Employment Tribunal in Leeds to observe the actual atmosphere. It all made a big change in my understanding, perception and presentation skills.

    Although I was already working with foreign lawyers on international assignments before the scholarship, access to foreign educational institution, courts, foreign lawyers’ offices, working in a foreign law firm was a welcome experience. This gave me an insight about ‘where they are coming from’ and bridging the gap between what they expect and what Indian lawyers think they expect.

     

    What were you areas of interest during your legal education?

    I was always interested in Corporate laws so took up Business laws, labour laws and tax laws as my optional subjects. After joining Ajay Bahl & Co. (now part of AZB Partners) after passing out from college and working on FDI related transactions, incorporating companies, getting into secretarial, statutory, tax compliances etc., providing opinions on corporate law issues, drafting commercial contracts, etc. my conviction about my suitability for corporate practice strengthened. My supervising partners also saw value in my being part of the corporate practice vertical in their firm.

     

    What are the causes you feel strongly about? 

    I can only speak about the corporate laws perspective. Being transparent in all business deals, optimum compliance with law of the land and expeditious resolution of any issues arising out of non-compliance or otherwise are very close to my heart. Throughout my career, I have been advising clients to adhere to sound legal principles and not take recourse to “fixing”, “managing”, “manipulating” or brushing aside legal issues. As professionals, our stake in any matter is very minimal in terms of money, but immense in terms of reputation. Am proud that I have had the privilege of working with some of most reputed and ethical professionals in the country, who have been insistent on refusing a brief rather than compromising on principles. This is more important in case of foreign clients entering India. The laws pertaining to anti-corruption are more codified and enforceable outside India so we have to be doubly careful while advising foreign clients and not suggest short-cuts or unethical solutions.  

    Could you tell us about the internships you took up, and what you learnt from those experiences?

    Internships were not as structured in my college days as they are now. During my college days, I took up internships with litigation lawyers, learnt about of court practice, drafting, representation in the courts and so on. It helped me learning the basics from a grass root level. Since I had no relation or godfather in the profession, I had to work doubly hard.

     

    What advice would you give students in avoiding a decision paralysis? 

    On the contrary, I do not see much decision paralysis. In fact, I feel many students have pre-decided what area they wish to pursue even before joining a law school driven by the “packages” their senior friends or family members have got or the numbers they read in economic newspapers or some other sources.

    By the middle of your law course, majority of students are clear about what they wish to pursue. Litigation and corporate practices are complementary to each other but require different soft skills. Some students are very passionate and clear about their respective practice field – i.e., IP, environment, international laws, etc. one should pursue the line what feel confident about and is passionate about. Every practice area is rewarding, but it takes hard work. Some practice may sound remunerative from the first day, but it could saturate if you are not good at it.

     

    Could you please share with us how you came to be awarded with the prestigious Chevening Scholarship? 

    The British government used to provide scholarship to young Indian lawyers with few years’ work experience to get a feel of UK legal education and work culture. One of my senior colleagues had already been awarded this scholarship, so I was aware of the programme. Out of about 400 applications received in 1999, I was among the sixteen selected for this prestigious scholarship. The competition was so tough that year that instead of normal intake of twelve, they had to take sixteen!

    Scholarships are great means to enhance one’s knowledge and vision. Students should look at scholarships which could be useful in expanding their horizon in totality. One should not limit her quest to finding a job in the country wherein you get the scholarship. I don’t think more than one or two people in my batch would be abroad today. All of us came back with enhanced knowledge, exposure, contacts and confidence and are doing very well.

     

    What did you enjoy most about studying at College of Law, York?

    As I mentioned earlier, the teaching methods, education tools and exposure was very different. Being foreign students, we were pampered a lot while strictness on attendance and discipline was there. The teachers there were more of friends, unlike the strict and typical guru-shishya system in India.

    We did a lot of interaction based studies, role play for negotiation, drafting skills workshops presentations before the faculty on comparison of Indian vs UK laws, went to various courts within UK, and so on. At the end of the teaching programme, we were placed with law firms in Central London. I worked at Ashursts.

    From a law student to a lawyer, how will you describe the transition?

    I don’t think it is any different from any other profession. As a student, you just study and write or otherwise convey your opinions and views in exams and presentations. You can get marks or grades for providing your opinion one way or the other.

    Once you are out with a degree and registration as a professional, the reality hits you. The buck stops here. Whatever you say or do, has to be very carefully crafted and drafted – be it a pleading, argument, opinion. Your client getting bail or jail depends on your skills. Your clients’ millions in a new project or success in negotiating a deal depends on your skills. So, now the onus starts falling on you. It makes you more careful and responsible.

    Could you take us through the process you adopt while writing?

    There is too much of information available these days. Each one of receives so many phone calls, emails, updates and newsletters that we are sick of it.

    I enjoy tracking developments in corporate and investment laws of India. By now, I have too many professional contacts worldwide and it is very difficult to discuss any new developments with them on a one-to-one basis, nor do I wish to spam anyone not interested. Hence, I thought of formulating useful information in the forms of articles which anyone could read without obligation or interference on my part seems interesting. Now, people who are interested in these topics read, comment, compliment, criticise at their own free will.

    What I do is I track news and developments which in my view could be useful for my contact base and other professionals. I try to put it in simple language so that non-lawyers could also grasp the intent with basic and useful information. For more details and specific advice, the readers can always approach me directly. Due to the simple language I use in my blogs and articles, sometime Indian and international websites request me for republication thereof, which I happily agree to.

     

    Where does you passion for teaching come from? 

    (Mr.Verma started initiatives to impart legal knowledge and experience to younger lawyers and students at firms where you have worked. He has also been a guest lecturer at various national / international institutions.)

    Unlike money, knowledge increases by sharing. I enjoy sharing my knowledge with younger lawyers and students, so whenever there is an occasion, I am available for mentoring, be it CLE at the firm or guest lecture at an institution or a presentation at a seminar.

    The first professionals a kid has interaction with are doctors and teachers, isn’t it ? Kids are scared of doctors for obvious reasons, so they tend to pick up a teacher as their first role model. I think that has stayed with me forever. I have utmost respect for teaching fraternity and am thankful to the role of all my teachers for shaping me into whatever I am today. Within me too lies a teacher as well, so as and when there is an opportunity to go back to college, I am too happy to oblige. I keep getting offers for writing books and joining as guest faculty, so never know what lies ahead.

     

    Did you have a mentor or guide during the initial phase of your career?

    I have been very lucky and privileged to have worked with some of the best professionals of our times during last two and a half decades, be it Mr. Ajay Bahl, Ms. Lira Goswami, Mr. Pinto Khaitan, Mr. Paras Kuhad or Mr. Atul Sharma. There are some common traits to all these legendary and successful people. The more experienced and knowledgeable you are, you tend to be more approachable, humble, down to earth and open to new ideas. I am thankful to all these wonderful people for guiding me through my career and still rely on them for guidance. Besides legal acumen, you tend to learn so much from great professionals in terms of ethics, solution-centric attitude and so on.

    So, the importance of a good mentor cannot be underestimated, particularly in the initial phase of one’s career.

     

    Given the dynamic nature of the field you practice in, how do you keep yourself updated about the latest legal developments?

    Read and discuss.

     

    What advice would you like to give our readers, who are mostly law students and young lawyers?

    There are no short cuts or free lunches in life. Work hard. Be humble. Be serious about studies and work, but live and enjoy life too.

     

  • Sambhav Ranka, Partner, IC Legal, on his experience, studying in London, and dealing in M&A

    Sambhav Ranka, Partner, IC Legal, on his experience, studying in London, and dealing in M&A

    Sambhav Ranka is a graduate from ILS Law College, Pune, batch of 2005. He subsequently went on to pursue his Master’s degree in Law from Queen Mary, University of London, with a focus on international corporate and commercial laws. Since then he has worked at Morgan Walker Solicitors, LLP and Nithish Desai Associates. He is currently Partner at IC Legal, Advocates & Solicitors and heads the M&A, Private Equity and Venture Capital practice at the firm.

    In this interview we speak to him about:

    • Being a third generation lawyer
    • His diverse work experience
    • Challenges in the field of Mergers and Acquisitions

     

    How would you like to introduce yourself to our readers?

    I come from a family that has been part of the legal industry for generations now. I too am in the legal profession, but by my own choice, not because it is an evident conclusion. I believe that I belong to a generation, which has broken free from the past practices of following the footsteps of the family profession/business and ours is the generation that has started the practice of having the right to decide the career path of interest and choice. I say this as I had all the liberty to choose a different career path. However, the glory and passion towards the legal field brought me where I am today.

     

    What motivated you to pursue law?

    My grandfather is a Senior Advocate, Rajasthan High Court. My father is a Judge, Jaipur Bench, Rajasthan High Court and my brother is a counsel. Growing among legal professionals all my life, legal articulation was in my genes and vision. Besides this, meeting and interacting with legal luminaries and legends all throughout my childhood and being in awe of their wisdom, solidity and art of exhibition, I was always inspired to imbibe the same.

     

    Share with us your experiences as a law student at ILS, Pune.

    ILS Law College laid the ideal foundation for me to join the noble profession of law. The best experiences at ILS Law College were the times invested in the extracurricular activities and looking beyond hard-core academics, which led to a holistic development. All my classmates were from different geographies (even beyond India) which further expanded our horizons. Needless to say, the faculty has always done above and beyond to help us out. Participation in various competitions, events and simultaneous internships at different fora aided in shaping the legal professional in me.

     

    How did you develop the skills necessary for academic writing?

    The best way to build up the skills for academic writing is by doing ample reading, and more importantly, reading the right content. As lawyers, our profession is anyway built around reading legislations, commentaries, articles, orders, etc. At times, it is helpful to read content that is not related to the legal profession. For example, I make sure that I find time to read the opinion pages from the NY Times, Wall Street Journal, Washington Post and the like. In addition to building vocabulary, such write-ups help in opening the horizon of thoughts and imagination. This helps a lot whenever I try to author any article or write-up myself, as the devil is in the detail.

    In my early days, I was advised about two principles that I believe and follow: 1) Never feel shy in raising any query, whether to a senior, in a meeting or even at a public gathering. No question is stupid. Effective solutions can be arrived at only by questioning everything. Also, not clarifying the fundamentals will make you more susceptible to making bigger mistakes in the future. 2) There is no end to learning, knowledge and education. Even legends in the legal profession (and even beyond) would agree to this. The extent of knowledge that is out there to learn and grasp is enormous, so, it is up to you to capture as much as possible. Among others, these principles have helped me in developing my drafting skills in the legal profession as well as to author articles, etc.

     

    Tell us about life after college.

    Immediately after college, I pursued my LLM from University of London, U.K. in International Corporate and Commercial Laws and soon thereafter, I was lucky to get into a city based law firm in London called Morgan Walker Solicitors, LLP. The firm had Indian partners and had adequate Indian clientele and work, which I was exposed to. I handled all forms of client work possible, including litigation, corporate, consultancy, etc., which helped me in identifying my interest areas to a great extent. I had a stint of close to a year and a half at the firm in London. This period was immensely important to identify where my interests lie and what areas of law I wish to delve into deeper.

    I started with the London firm as an intern and pursuant to that, the partners were confident to take me on board for a full time position. I have felt that work experience in any form brings in a lot of different perspective than what we typically see or think as a student. Having done my internships at different forums has been tremendously helpful to me to understand the sophisticated work atmosphere that revolves around in a law firm, a chamber or beyond.

    Tell us about your work experience at Nishith Desai Associates.

    NDA has been remarkable in building the foundation years of my legal career. The foremost importance that has been given at NDA is continuing education for the firm members. Everything else in developing an individual concentrated around this principle. Among other practice areas, my initial focus at NDA was in the alternative investment fund space and I gained experience in setting up onshore and offshore funds. Over time, I developed interest in transactional practice and got involved in M&A and private equity investments space. The first three to four years at NDA were focused mostly on two aspects- strengthening the legal and technical knowledge and developing control on different laws relevant to the practice areas, and developing and enhancing the drafting skills for drafting agreements, memorandums, legal opinions, etc.

     

    What prompted you to pursue an LLM  from the University of London?

    The twofold advantages of pursuing LLM are the in-depth and comparative knowledge that you attain in your area of interest, and the exposure that you gain by learning alongside with students from across the world. These were precisely the reasons for me to pursue higher education and with the recognition that the University of London has, among other top institutions globally, clubbed with the experience of living in the city of London made my decision easier. The common legal system prevalent in India and the United Kingdom made it easy for me to understand the legal processes and hierarchies of the UK legal system. Further, as many key Indian legislatures date back to the British era, the basic tenets of legislations in both the jurisdictions are very similar. Courtesy my LLM, today I have friends in the legal fraternity from all over the world and I have had the privilege of working with quite a few of them in the past years.

    What has your experience of working at ICL been like?

    IC Legal is a young, vibrant and a growing firm compared to many other established firms in India. Two years since I joined them, the firm has grown to almost three times in terms of head count. This speaks of the growth trajectory that we are witnessing here. The firm currently is close to 40 lawyers with seven partners and the team composition is mostly young people. Most of the senior team members have had experiences with leading firms and thus the collective experience ensures that we deliver top quality work to our clients and generate value for them. My other partners at IC Legal are likeminded and we make a great team and passionately enjoy the work that we are doing.

     

    What are the most challenging parts of being a partner at a law firm? How do you manage to maintain a work-life balance?

    Partnership is all about multi-tasking, and doing all such multiple tasks in the best way possible. As for responsibility, one needs to keep an eye on several aspects in addition to client facing and client deliverables. Business development, firm administration, personnel management, marketing pitches, knowledge management, etc. are some of the regular coups one has to go through.

    Balancing oneself between the professional and personal life is of utmost importance. It does get strenuous at times in the legal profession; however, balancing it with the personal and family time is absolutely critical to bring fresh perspectives to things. Importantly, we all strive to start the day early so that we get off also early and get time with family. It is also important to take off for rejuvenating holidays at regular intervals. Separately, we also do regular firm lunches/dinners, firm weekend outings and annual firm offsite so that there is no overrun of professional life over the personal life.

     

    What does a typical day of work at ICL look like? What are your roles and responsibilities as Partner at IC Legal?

    There is no fun in doing something unless you passionately enjoy doing it. This has been the mantra for us at IC Legal. We enjoy the work that we all are undertaking. This means also having a bit of fun and laugh during the working hours. Unlike most of the other law firms, we try to keep a light atmosphere at the work place. Cracking jokes, talking movies, discussing sports, etc. keeps us going all throughout the day. However, this does not call for any form of sacrifice to the client work and the respective roles and responsibilities of the firm members.

    Other than developing my own practice area and team, it is important for me to ensure that we are trying to do a holistic development of all the firm members. The objective is to make everyone a better professional and evolve them into swiftly undertaking work under different hats. We try to work from a perspective that everyone in the team should have a basic knowledge of all the practice areas and the related laws and regulations and at the same time one should be an expert in his/her own practice area and knows all the complexities surrounding it. People management, speaking at conferences, practice area development, firm management, administrative concerns, etc. are some of the key roles and responsibilities that I jointly oversee at IC Legal.

     

    How does one develop an aptitude for a portfolio as diverse as yours?

    We have believed that it is important to develop a sector or industry knowledge for legal experts. Nowadays, clients engage us for not only legal acumen, but also for the strategic inputs and industry familiarity that we are able to contribute. In addition to legal expertise if we generate value for the clients by advising them on additional considerations keeping in mind their specific industry, it goes a long way in cementing the relationship. To develop the knowledge pool for different industries, we regularly keep ourselves abreast with all the latest developments, trends, issues, considerations, etc. affecting different industries so that we can devise innovative solutions and implant such knowledge in our work.

     

    What are the challenges you face as a lawyer dealing with contentious areas like cross border investments and M&A?

    Cross-border transactions are mostly a complex interplay between laws and regulations of multiple jurisdictions. As an Indian qualified lawyer, we are supposed to be well acquainted with the Indian laws; however, at times, certain transactions require you to analyse and ascertain the best possible solution keeping in mind the laws of other jurisdictions. It then becomes necessary to work closely with attorneys of other jurisdictions on such transactions. The other challenge that at times is faced is with respect to the numerous legal and corporate compliances that the clients have to undertake to ensure that the transaction complies with all the laws and regulations. Given the cumbersome requirements under the Companies Act and the Rules thereunder in addition to the various requirements under FEMA and the regulations thereunder, it becomes challenging to ensure that nothing is missed out from a compliance standpoint. Thus, one needs to keep an eye on the smallest of considerations involved and at the same time keep a solution-oriented approach to achieve efficient outcomes.

    What would be your parting message to our readers?

    First and foremost, it is imperative to know the basics and to make the foundation strong. I have always believed that the initial four to five years in our profession should be dedicated towards building the legal and technical knowledge. Second, concentrate in developing the drafting skills. As a lawyer, drafting agreements, petitions, memorandums, legal opinions, etc. are vital. Capturing the essence accurately is the key. Third, in the initial years of practice, be open to experiencing multiple practice areas and undertake variety of work, until you identify where your interest lies. And, fourth, have patience in whatever you select as your career path. Dedication and hard work will pay off at the opportune time.

     

  • Souvik Paul Mazumdar, Partner, ALMT Legal, on his journey to the top, his inspiration, and managing multiple verticals

    Souvik Paul Mazumdar, Partner, ALMT Legal, on his journey to the top, his inspiration, and managing multiple verticals

    Souvik Paul Mazumdar graduated from M.S. Ramaiah College of Law in 2005. He joined ALMT Legal soon after. His corporate practice includes advising and assisting corporates and promoters in private equity investments, mergers and acquisitions, cross border corporate structuring and capital market transaction. He has advised clients in international offerings before AIM (Alternative Investment Market) in London. He has also been closely associated with various sports management and celebrity management companies as a legal advisor and is currently concentrating on developing and building the Sports, Media and Entertainment law practice of ALMT Legal.

    In this interview we speak to him about:

    • His journey from being an Associate to Partner at ALMT
    • His experience working under varied verticals, under a host of capable mentors
    • Taking his father’s legacy of legal practice forward

     

    Was law always the career you wanted to take up? What inspired you to pursue law?

    To be very honest, yes, law was always my first choice. I did try my hand at the National Defence Academy by filling the form and was also fascinated by the Navy, but these were fleeting interests. Law has always been my constant passion

    My father was a senior lawyer in the Guwahati High Court. He inspired me to pursue law. I remember being in awe of his extensive collection of books and watching him read all day. Unfortunately, I never got the chance to practise under him as he passed away while I was in school. But the apple doesn’t fall far from the tree, does it. I feel connected to him through my practice of law. I love challenges and in a profession like law, every day is a new experience. The learning never stops when you are a lawyer. There is a new problem each day and with it emerges a new solution every time.

    You graduated from M.S. Ramaiah College of Law; tell us a bit about college life at BU.

    My time in college is unforgettable. Apart from just academics, those five years taught me to be independent and face the world on my own; to be able to overcome any hurdle. Coming from a small town, I had a bit of a culture shock, but managed easily. Apart from studying, my main interests were sports and motor biking. I used to play every possible sport, especially cricket.

     

    How did you come to join ALMT? What was your experience there like?

    I was supposed to intern with ALMT Legal along with my friend Debosree Paul during our final year. Unfortunately, that never crystallised. But I was acquainted with the ALMT Legal team. Mr. Arvind Kamath (my professor at Ramaiah College and now Partner at ALMT Legal) knew Mr. S.R. Arun (Senior Partner) and Mr. Prashant Popat (Senior Partner) personally. He suggested that I meet them for an interview and the rest is history.

    I believe that a fresher should concentrate on learning during the early years of their professional life and should not bother about packages. As my senior Mr. Vachan always use to say, “for a lawyer, the first ten years is learning, learning and learning, after ten years, the ‘L’ goes off and it is earning, earning and earning”. A fresher should decide what he/she wants to do and accordingly take a call to decide the right place. Work quantity and quality is very important.

    My experience over the first few years was very interesting. I made mistakes and learnt from my mistakes, I was too enthusiastic about many things. I started my career as an immigration and IP lawyer and moved to proper corporate law, employment law, sports law and media law gradually.

     

    ALMT was your first job and continues to be your workplace. What are things that you enjoy most about working here? How have you seen the firm grow during your twelve years here?

    I enjoy everything about the place! The people, the learning, the atmosphere, the seniors, the associates, the work culture, the bonhomie, everything. Most of us have been here for years and just love to be here and work and contribute towards ALMT Legal’s growth each day. I have grown from a fresher associate to a Partner.

    The firm has grown in diverse ways. It started in 2003 in Bangalore and I joined in 2005. When I joined, we had three partners and six associates (including me). Today we are twelve partners with almost 40 associates.

    We have grown in terms of clientele and also expertise. Many practice areas have developed in front of me. Today, we are a full service law firm and can assist clients across the globe and through different verticals.

     

    Have you had a guide or mentor in the industry? Do you think it important to have someone to look up to and take advice from in shaping a successful career?

    At ALMT Legal, I had many mentors. They were always around to guide me. Rajat Bopaiah and Junia Sebastian were always around to help me as friends. They corrected my mistakes. I have learnt to be meticulous with Dhanya Menon’s training. Rakesh Prabhu was my first senior and helped me grow over the years. Mr. Arvind Kamath is like a teacher to me. Mr. Prashant Popat’s teaching made me a better human being. Over the last twelve years, I have changed a lot; I’ve learnt to be a better person, and that is because of Mr. Prashant Popat.

    Last, and perhaps the most important is Mr. S.R. Arun. People who know me are aware of his influence in my life. He has been a true mentor to me in honing my skills as a lawyer. Everything I know has been taught by him. If I end up being even half the lawyer he is, I would consider that a huge accomplishment. I think having a mentor definitely helps you a lot. It is a huge benefit.

     

    As one of the most sought out after places for internships in Bangalore, what does ALMT look for in prospective interns and employees?

    What we look for is dedication, the hunger to learn and discipline. If you have these attributes, the sky is the limit.

     

    Your body of work includes cases dealing with M&A, Capital Markets, Sports Law, Entertainment and Media Law, Private Equity, Labour Law etc. How did you manage to build such a diverse repertoire?

    It is the hunger to learn that drives me. It is not that I decided to take up all these areas of practice. It happened and I decided to flow with it. I love challenges and these were challenges.

    One morning in 2010, I was in Mumbai to assist a client with his media law and sports law related requirement for the next eight months. It was the first time that I was dealing with something like that. The firm trusted me and I trusted my confidence. And that’s how the journey of sports law and media law started.

     

    What are the tricks to good legal drafting and advising clients successfully? What are the rookie mistakes that can be avoided?

    What you need to do is read well, be well prepared about your client’s background so that he need not give you the entire story, be a good listener, make notes for everything, have an eye for detail, think from a devil’s advocate perspective, avoid copy-paste and if you do so, please read it again to verify, keep things crisp and to the point, as this is not an examination paper where you think of filling up pages, and above all, be patient

     

    As a partner at ALMT, what does an average work day look like for you? Our readers would be very interested in understanding the roles and responsibilities of someone in your position.

    Average work day is anywhere between ten to fourteen hours of work. During transaction and deadline deliverables it can go upto 24 hours also. It is a personal choice that you make.

    Responsibility of a Partner is like the captain of the ship. You need to drive the client attorney relation. You are the person responsible. Be attentive, review everything, motivate your associates and when required do some fire fighting too.

     

    Outside law you have several interests including reading, painting and sports. How do you manage your time effectively between work and your hobbies?

    I try to keep my weekends free. Dedicate time to my beautiful wife, my adorable dog and to my hobbies. A busy man always finds time for things that can keep him busy. I was one of the co-founders of Justice League Cricket Club and have been actively involved in organising the Law Firm Tournament in the past and also participating in many Corporate T20 cricket tournaments.

     

    Where would you like your career to take you in five years?

    I have never been an astrologer trying to see the future. I take each day as it comes so probably enjoy what I am doing and touch base on some newer verticals of law.

     

    What is your advice to fresh graduates who aspire to work at law firms as Associates?

    Be yourself and the world will accept you, but yes, you have to be focused, develop new interests, be dedicated and diligent, and control your arrogance.

     

    What would your parting message be for our readers, given that most of them are young lawyers and students of law?

    Be good and do good. It is a lovely profession and there is so much to learn. Just follow your instincts and believe in destiny. When I was in school, I believed that I was destined to study law in Guwahati and practice litigation in Guwahati High Court. Look where I am today. Don’t get too hassled and paranoid with events happening around. Stay calm and as my senior Rakesh says, “keep walking”.