Super Lawyer

Category: Partners, General Counsels and Senior Advocates

  • Sagarika Chakraborty, CEO, IIRIS, on law school, research work and MBA from ISB, Hyderabad

    Sagarika Chakraborty, CEO, IIRIS, on law school, research work and MBA from ISB, Hyderabad

    Sagarika graduated from NLU-Jodhpur in 2008 and from the Indian School of Business in 2012 with a Master of Business Administration, Strategy and Marketing degree. She is at present the CEO of Indus IntelliRisk and IntelliSense Services Pvt. Ltd. (“IIRIS”). She has several academic papers and publications to her credit and internships with reputed corporate houses and organizations such as Amarchand Mangaldas Suresh A. Shroff and Co. and ISRO, Bangalore. In this interview she talks to us about:

    • Activity-oriented law school days at National Law University, Jodhpur.
    • Her views on the CLAT, mooting in law schooland internships
    • Her transformation from a corporate lawyer to a risk management expert, leader and manager.
    • Working at IIRIS and career opportunities there for law graduates.
    • Her views on management of Non-Performing Assets in the Indian banking industry.
    • Publishing– books, papers and the history behind her affinity for writing.

     

    Please tell our readers about how your interests gravitated towards law.

    I come from a family of engineers, so a degree in law was never considered to be the first preference. However, call it genes (my maternal grandfather was a lawyer) or just the urge to break the monotony – I wanted to become a lawyer ever since I was 12. The fact that I could make a difference with my intellect, my reasoning and help build a change allured to me more than building machines I guess.

     

    How would you describe your time at National Law University, Jodhpur? What all activities did you participate in?

    When I graduated from NLU, I recollect that we had to describe the campus in one word amongst a friendly meet up. I referred to it as my “transmorgifier” (reference : Calvin & Hobbes) – for it made me believe in things I otherwise thought I could never achieve and unlike my counterparts outside campus, I knew what I wanted to do and where my passion lay.

    I have always been an over ambitious, go getter, who believes in making full use of her time anywhere. So NLU saw me being an active mooter (proud to mention that my team mate and I won the first national trophy in any competition in the history of NLU), active debater, participator in all social activities, legal aid camps and yes being at the helm of affairs of the “Editorial Committee”.

     

    You went to an NLU at a time when CLAT hadn’t started and every law school conducted its own entrance exam. What are your views on the shift to a common law entrance exam?

    Well if you ask the prudent me – I think it was implementation of a much needed concept. It helped break the barrier amongst a lot of law schools. However, in the shoes of a prospective student, I would still prefer the old system. Somewhere, it gave us more chances. Now, have one bad day on the CLAT day and you can kiss your National Law University dreams good bye – life gave us second chances in the absence of CLAT to be a part of another campus.

     

    From ISRO, Bangalore to AMSS, you have done versatile internships during your time at law school. How did you go about deciding where to apply? In retrospect, how beneficial were these internships for you?

    As I said earlier, unfortunately (or fortunately) I have always been a person who knows what she wants from life and therefore it helps in my planning. Every internship therefore was a well thought of affair. I was representing India for the Manfred Lachs Moot in Sydney, and I saw the ISRO internship to be the perfect opportunity to gain technical knowledge. Call it my good fortune or a lucky stroke, I was involved in the research of Chandrayaan during my tenure there and it gave me tremendous exposure to policy making and international law – an experience I shall always cherish.

    Similarly, Kingfisher was my preferred choice, because at that time they were involved in the huge debate of whether the aircrafts being procured should be “leased” or “mortgaged” – a coveted debate in those days. So I was very lucky to be a part of their legal team during my internship there.

    As for the law firms – well it is an eternal struggle for a law student to identify where their interest lies, in corporate houses or in law firms. So guess, I used that opportunity to understand why law firms are not for me and why I am more interested in business houses.

     

    Do you think moot courts and client counselling competitions add to a law student’s experience? How much importance did you give to these activities while at law school?

    Ha ha, I was a moot court (or any competition) junkie. During my school days I was a national level debater, so moot courts always appealed to me. They helped me oodles in gaining confidence, providing exposure, understanding the importance of networking and yes in helping find a few best friends for life! I cherish each of my experiences of participation in law school – the memorials helped me draft better and emerge as a coherent thinker and writer, the debates helped me sharpen my analytical skills and emerge as a better professional.

     

    From a corporate lawyer you have gradually turned into a risk management expert. How did this interest develop? How do you come up with risk mitigation strategies for a client?

    Though a corporate lawyer, I always wanted to also explore the other side of business. For me, the real thrill lay in not only executing a task but being in charge of end to end dealings of an assignment. Unfortunately, as a lawyer that visibility spectrum was not complete. I had always wanted to do an MBA, but was sure of only applying to a geography where I saw myself working – hence India was the only option. Further, I was clear that I wanted to go into the risk mitigation (physical security and corporate investigations) space – unfortunately there are no such dedicated courses in India. ISB being renowned for its strategy courses was my best bet thus!

    In my current role, there are no fixed formulae for drawing up mitigation strategies for a client – it all depends on the client need. The same can range from providing an advisory for a potential investment or to providing him with executive protection in order to protect his life and assets. It is just as broad and crazy, as it is fun!

     

    What is your day like as the CEO of IIRIS? What are your roles and responsibilities?

    It is a melange of running around, fitting in all meals during drives from one client location to another and brainstorming through the day about cracking hard core white collar crimes. There is one thing that is never there but – a  moment of dullness. That is why I guess, it never feels like a job. This profession is my passion and though it also pays my bills, I cherish it to the extent that I solve investigations in my dreams and quite often wake up to scribble a strategy that I thought of in my sleep, lest I forget in the morning.

    I am a part of a start up, therefore as a CEO there are no roles per se. Right from licking envelopes to executing confidential assignments – everything is my domain and I love to be a part of it.

     

    How did you transform from a corporate lawyer into a leader and manager? What strategies do you undertake to keep employees happy and efficient?

    (In the last one year itself Sagarika has trained over 500 bank officers in areas of Due Diligence and NPA Early Warning tracking. At the same time, she also managed employees and experts at IIRIS.)

    If NLU was my “transmorgifier” that helped me believe that I could be whatever I want, ISB was my “metamorphosis cocoon” that helped me change. The ability to multi task, to think and deliver coherently and all together is the best trait that ISB passed on to me during my tenure there. I don’t know how I do it, but I guess when you are passionate about something, your levels of adrenalin are very high and you are in a different zone altogether, where things just get done.

    Ha ha, I am quite a tough boss and trust me I go by the philosophy that I cannot make everyone happy, but instead I should try for providing an environment where there is job satisfaction and growth. I am a perfectionist and therefore I am known to push my team, but at the same time I shall only push when I know that I can take over and deliver so that under no circumstances does my team feel that they are being challenged without being provided support or a fall back option. The other philosophy that I have learnt from my mentor (who is also our MD at IIRIS) is that let people discover what they want to do and support their growth – thus we have no JDs at IIRIS – every employee is allowed to discover where their strengths and interests lie during the 6 months of probation and then pursue that.

     

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    Does IIRIS take interns from law schools? What is the procedure to apply?

    IIRIS is open to internships / recruitment from every scholarly and education field – for we believe that it is your passion and not your degree that helps you shine in the risk mitigation domain. Of course, being a lawyer there is an added advantage (I say this from personal experience) – the analytical abilities and the power to interpret is much higher and therefore we always welcome lawyers to be a part of the team.

    All job openings / opportunities are available on the “Careers” page of our website (www.iirisconsulting.com) along with the procedure to apply – just shoot a mail with your interest and the HR shall take care of the rest.

     

    The Govt. of India has been facing the problem of excessive accumulation of gold in households which blocks a lot of potential currency flow and causes hurdles. What is your take on this issue? Do you think successive Govt. policies have been able to solve the problem to some extent?

    BFSI is one of my preferred domains and I invest myself a lot in such investigations / risk advisory exercises. It is indeed a challenge that the country is facing, however we also have to acknowledge that India is one of the few countries who are accepting NPAs as a problem, instead a lot of the foreign counterparts who are either under reporting the same or changing definitions to lower such reporting. There are enough policies I feel, the regulators have been prudent enough to provide adequate guidelines – the problem however, lies in awareness and learning the importance of stringent implementation of such policies. The change is needed in the mindset and working methodologies and inwaking up to tackle the problem by the horns through differential risk mitigation approaches – but I am glad to say that things are changing and there’s indeed optimism in the air.

     

    You have several published papers to your name. How difficult was it to write your first published paper? Please share your experience.

    This question, actually made me stop and recall my first published research paper and at the risk of sounding conceited, it did take me a while. I give it to my professor Lt. Vedantam Shashtri (NLU, Jodhpur) to have inspired me to pick up the pen and indulge in research. It was a project done for his class that inspired me to take up a working paper along with him. From a tiny mention as a “researcher” to being the “leading author” (and he agreeing on the co-author tag) – I guess somewhere he inspired me to believe that policy making and research was something that came naturally to me. I write as an extension of the dream that drove me to be a lawyer – to bring about change. I know I shall stagnate if I don’t brainstorm and indulge in research – so I guess I am not very different from those who do it to beautify their bios – we all have our own selfish reasons, as long as we are at peace with our reasons for doing it.

     

    How do you find the time to write papers and books despite your busy schedule?

    I never chose the pen, the pen chose me. Coming from a Bengali family, intellectual growth was promoted right since childhood. Everyone in my family has picked up the pen for academic or other reasons, so I guess right since childhood I have expressed better through printed / written words. Further, my grandmother made me realise that the greatest power is immortality and words never die. I write in my head, throughout the day and thus, by the time I sit down to write the next chapter of my upcoming book or finish a research paper for a financial institution – there is no additional work that I am doing. I am merely penning down a dictation that my mind is narrating. It comes just as naturally to me.

     

    What is your message to our readers?

    Never let people tell you what you can do. Instead understand what they think you cannot do and challenge yourself. Know your passion and no matter how deviant, pursue it. Respect your body, there’s little you can do without it being in the prime condition. Love what you do, strive to be an expert so that when you speak the world knows that you are not there to hog the limelight but that you mean business. Lastly, in your own little way, try to retire to bed with the satisfaction that you have given back to the country that gave you your biggest identity – the nationality / citizenship!

  • Kalyan C. Kankanala, Managing Partner, Banana IP Counsels on building a career in IPR and writing novels

    Kalyan C. Kankanala, Managing Partner, Banana IP Counsels on building a career in IPR and writing novels

    Dr. Kalyan C. Kankanala pursued law at Osmania University, graduating in 2001. From there he went on to do an LL.M in Intellectual Property from Franklin Pierce Law Center and a PhD. in Patent Law from the National Law School of India University in 2006. Kalyan is a renowned Intellectual Property attorney in India. He specializes in helping clients maximize business value from their intellectual assets. He is the founder of Brain League IP Services and BananaIP Counsels. He is also the founder of the popular IP Blog, SiNApSE.

    Kalyan is a prolific writer, with several fiction and non-fiction books and publications to his credit. He teaches at premier institutes like National Law School, Bangalore and IIM, Bangalore. He worked as a consultant for the United Nations Industrial Development Organization and is at present a trustee for the Cane Foundation, and a member of the editorial board of the Journal of Intellectual Property Rights, NISCAIR.

    In this interview, Kalyan speaks to us about:

    • His days as a student and motivations during his academic journey.
    • His tryst with Intellectual Property Law and his work as an IP Attorney.
    • His passion for researching, writing and publishing.
    • The future of IP practice in India.
    • The challenges faced while establishing his start up Brain League, and later BananaIP and his views on social welfare.
    • How he balances his personal and professional life.
    • His Legal Thriller novels and other IP works.

     

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

    I am an Intellectual Property attorney, who loves to work with creators and inventors. The merger of law, Science/Technology and Business excites me, and I am glad to have chosen this profession. Apart from practicing IP Law and helping clients realize business value from their intellectual assets, I also teach at institutions like National Law School, Bangalore and the Indian Institute of Management, Bangalore.

    I enjoy writing and have published several articles and books. In addition to academic publications, I also write legal thrillers on socially relevant themes. Right now, I am finishing my third book in the IP Law Thriller Series, The Dravidian, a traditional knowledge thriller. Earlier, I published Road Humps and Sidewalks, a Patent Law Thriller, and Pirates of Bollywood, a Copyright Law Thriller.

     

    What would you say motivated you to take up law as a career, given that it was not a very popular option in India?

    I was never motivated to pursue a career in law. In fact, I never considered it as an option. My entry into law happened by accident. I wanted to be a medical doctor, and therefore, joined a medical school. After six months in school, I had to leave due to the rapid progress of retinal degeneration, which led to a loss of working and reading vision. Then, on a well-wisher’s advice, I joined a law program in Hyderabad.

     

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

    Though I did not study at one of the best law schools in the country, my law college at Hyderabad gave me the foundation and encouragement to pursue higher education and research in Intellectual Property. Some of my Professors at the law college were a great source of knowledge and inspiration, and continue to be so even today. Hyderabad was in fact the starting point of my IP career – both academic and professional.

     

    What were the influences behind your decision to pursue an LLM in Intellectual Property Law from Franklin Pierce?

    The convergence of Science and Technology with law played a major role in influencing me to pursue an LLM in IP. In those days, Franklin Pierce was rated as the best IP School in USA, and therefore I decided to study at that law school. I was fortunate to not only get a good scholarship from Franklin Pierce, but also funding from the Tata Foundation for my LLM program.

     

     

    Were you always as fascinated by the field of IP law or was it an acquired passion that set in through your college years?

    As I mentioned earlier, I joined the LL.B. program by accident, and throughout the course, I was looking for an interesting career subject. Intellectual Property Law caught my attention in my fourth year and I was convinced by the end of the academic year that IP would be my area of specialization. Two factors led me to this decision: the role of IP in creativity and the involvement of Science and Technology in IP Law, especially Patent Law. The fascination started only after I started delving deeper into the subject.

     

    While most opt to end their education at an LL.M, you pursued a PhD in Patent Law from National Law School of India University. What drove you to higher education in your field of interest?

    Initially, I aspired to have a career in academic research and teaching, and therefore, joined the Ph.D. program at NLSIU, Bangalore. In light of my medical background, I chose Genetic Patent Law as my research theme. However, certain circumstances drove me into IP practice. In fact, I co-founded my first firm, Brain League, now BananaIP, when I was at National Law School, pursuing doctoral research.

     

    Between founding Brain League (now BananaIP Counsels) in 2004, while pursuing a PhD at NLSIU, and subsequently teaching at NLSIU as visiting faculty from 2005 onwards, how did you manage all of these time intensive tasks together, all while publishing research papers in domestic and foreign journals, and writing novels?

    Well, I love to write and teach, and have never faced issues with managing my time between practicing IP, teaching, and writing. Teaching and writing in fact help me do well in my profession as they drive me to learn continuously and keep abreast of IP developments. I enjoy creative writing, and have found time to write at least one novel every year during the last three years.

     

    Would you attribute any of your success to the types of internships you were exposed to? How would you advise current students to go about the process of finding and targeting internships?

    During my days at law school, interning was not very prevalent. I did not intern anywhere and missed the opportunity to learn the nuances of legal practice during my student days. Internships are a great way of learning the dynamics of legal work and choosing the right field that fits one’s goals. Students must look to intern at firms and companies specializing in different areas of law to get a flavour of the various fields of practice.

     

    Where does your love for writing come from? What motivates you to write?

    I do not need motivation to write. I write because I thoroughly enjoy writing. Reading and writing give me great happiness. Sometimes, writing helps me learn and understand a concept/issue better.

     

    What kind of research and work goes into your publishing?

    Normally, to write 500 words I spend at least five hours on research. Having said that, some topics require much longer, and some others, much less time based on my familiarity with the subject. For example, I take much longer to write on Medical Law when compared to patent law.

    Also, there is a difference between fiction and non-fiction writing. While my fiction is largely driven by experiences and observations, non-fiction is based on law, facts, case laws/studies, etc.

     

    How would you advise students to go about their careers with respect to research and writing, publishing-grade academic papers?

    I wrote my first article during the second year of LLB. It was not published but it taught me a lot about the topic. My first publication came along only during my LLM Program. It required one full semester of research to be eligible for publication. Nowadays, it is not very difficult to get published if one writes a well-researched, articulate paper on a contemporary issue.

     

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    What sort of an effort did it take to get published by world-renowned publishing houses like the Oxford University Press, Japanese Innovation Foundation, Thomson West, etc.?

    It was quite challenging to get my first book published. I started by identifying appropriate publishers and writing to them. All publishers send you a proposal form, which asks for much more than details of your book. It is basically a pitch document through which one must make a case for acceptance of his work for publication. In addition to book details and sample chapters, it includes market data, marketing and promotional information, author profile, etc.I sent proposals to six publishers and got offers from three of them. Then, I weighed their stature and published with the one that I felt had the best visibility and reach. Once my first book was published with a reputed publisher, it was easy to get good publishers for my subsequent works.

     

    What are your upcoming novels? Are they also related to IP?

    Two of my books are set for release in 2016. Both of them do not relate to intellectual property. The first novel, The Oath, is a medico-legal drama. The second one, DogMafia, is a short thriller on the dog abduction mafia in Bangalore.

    My next IP Law Thriller is ‘The Dravidian’. This book is expected to hit the stands in 2017 if I finish it as per schedule.

     

    In setting up Brain League (now BananaIP), what were the challenges and obstacles you faced as a legal start up in the Indian market?

    Unlike start-ups in other areas, legal start-ups cannot market, advertise, and scale up through standard channels. While incubating out of IIMB’s entrepreneurship cell, we ran around the campus brainstorming for different strategies, only to realize that none of them would apply to us. To make matters worse, I was a fresher out of law school, with very little experience. My partner had some technology experience, but no legal experience or background whatsoever. We were probably in the sixth month when the first opportunity came our way. Sasken Technologies, a company based out of Bangalore, was looking for large-scale IP training and we managed to get the contract. Thereafter, for reasons we cannot really pin point, clients got in touch with us at IIMB and wanted to work with us. At that time, most patent lawyers lacked technology backgrounds and we provided that value to clients. By virtue of the said uniqueness, several newspapers and magazines carried stories about us, and things started falling in place.To cut a long story short, I think we were at the right place at the right time. Also, we were fortunate to get the backing of reputed Professors like Prof. Pavan Mamidi (IIMB), Prof. Ramakrishna (NLSIU), Prof. Anil Suraj (IIMB), Prof. Damodaran (IIMB), Prof. Murali (IIMB) and several others.

     

    What are your views on career choices other than mainstream corporate or litigation streams such as teaching, etc.? How, if at all, have your views on the same been affected by your time spent as visiting faculty at NLSIU and teaching at IIM, Bangalore?

    Today’s law graduates have more choices than before. The practice of law is getting more specialized, and many new opportunities are opening up on a daily basis.

    I once wanted to be in academic research and teaching, but could not take that path owing to certain circumstances. Unlike those days, the salary scale for teachers is now quite decent and it surely is a very good career option. In addition to teaching, students may also consider options like public interest advocacy, policy level lobbying, government positions, judicial services, etc. Starting up is also a very good option for law graduates. When we started Brain League in 2004, joining a corporate was an attractive proposition, and most of my friends preferred to join law firms or companies. Though we initially made several sacrifices by starting up, we were able to build the third largest IP Firm in India by 2012. Today, BananaIP is one of the fastest growing firms in India, and in hindsight, I feel I made the right decision. At present, the ecosystem in India is very conducive for entrepreneurship, and there is a higher probability of success for legal startups.

     

    What are your views on Intellectual Property as a lucrative and growing area of legal practice in the global scenario today?

    Intellectual Property is one of the fastest growing fields of law in India. Several areas of IP like licensing, open source, portfolio management, technology transfer, valuation, IP Management and even litigation are still in their early stages, and have a long way to go. These areas will have great growth potential in the coming years.

    IP Practice in India has progressed substantially from the filing, prosecution and registration perspectives, both qualitatively and quantitatively, and I foresee some kind of equilibrium in these areas by 2020. Having said that, if the Indian IP filing scenario grows like that of China, there will be tremendous growth in these areas as well.

    Moreover, there are several areas of law, where IP forms a very important component. Such areas include Entertainment Law, Sports Law, Technology Law, Ecommerce Law, Art Law, etc. These areas of law are still largely unexplored, and I foresee great growth potential in the said areas of practice.

     

    Having spent nearly three years as a National expert on IP at the United Nations Industrial Development Organization, how did your experiences there affect you as an individual and as a lawyer?

    Working with the United Nations Industrial Development Organization (UNIDO) taught us many things. I took up this work in association with my colleague, Soma Shekar, who is a leading Mechanical Patent Expert, and also, a good friend. At some level, we can say that working with UNIDO changed us as individuals. The work with UNIDO cluster companies in machine tools, plastics, and foundry gave us great insights about the said sectors, and how SMEs in those sectors operate. Today, this experience not only helps us understand SMEs better, but also enables us address their needs effectively. During our fieldwork, we met some very special, yet humble individuals, who have been making telling contributions through their innovative activities for more than thirty years. They taught us a lot about their work, and life in general. We feel privileged to have met them and treasure the knowledge they have given us.

     

    As a Trustee at the Cane Foundation, what motivated you to participate in social welfare for the disabled?

    Well, I always find it difficult to put this across. I am visually disabled, and had to fight the system for almost everything ranging from getting a scribe to travelling on a flight. We started the Cane Foundation to ensure that other disabled persons do not face the same problems and also, to take disability support to the next level. We were fortunate to get support and funding from people like Prof. Ramakrishna (NLSIU) to get the trust going.

     

    What advice would you give students looking to build a career in Intellectual Property Laws?

    Intellectual Property is a great field to be in. If you like to work with creators and inventors, have the ability to understand business, science and technology, and can adapt to change quickly, go for it. But, note that working with creators is not the same as creating. You will mostly be at the back end of creativity, helping your clients protect, manage, enforce and make money out of their intellectual assets, and may not get the visibility creators get.

     

    Amongst so many things do you find enough time for a personal life or does that have to be managed separately?

    Time for family and fun has never been a problem. I enjoy doing most things I do, and do not necessarily manage my personal life separately.

     

    What factors, facets, or traits would you attribute your success to? What, if at all, do you believe still needs work?

    Intellectual Property as a field is vast, and continuously evolving. To be competitive, you must learn on a daily basis and swiftly adapt to change. Over the years, I have been fortunate to work on some cutting edge projects, and learn from some of the best in the field. So far, I have merely touched the tip of the IP iceberg, and have a long way to go before I can call myself successful.

     

    What would be your parting advice to our readers?

    Pick a career path you enjoy and give it your best, the rest will fall in place.

  • Vaishnavi Bhaskaran, Partner, Spectrum Legal, on advising startups and Corporate Law

    Vaishnavi Bhaskaran, Partner, Spectrum Legal, on advising startups and Corporate Law

    Vaishnavi Bhaskaran graduated from National Law University, Jodhpur in 2010. She is currently a partner at Spectrum Legal where she heads the Corporate-Commercial and Employment Law Practice. In this interview, she talks to us about:

    • Her experience at NLU, Jodhpur and decision to pursue law
    • Her view on internships and augmenting a CV
    • Her professional journey and founding ‘The Little Black Coat’
    • Spectrum Legal and her views on the field of law in the contemporary context

     

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

    I have wanted to be a lawyer since the beginning of my teenage years. The idea (somewhat clichéd) first came to me after I had read a series of John Grisham novels in quick succession. Of course, the reality is vastly different from what one reads about, and I realised that soon after I entered law school. Fortunately for me however, the reality was not unpleasant. I had briefly toyed with the idea of journalism, but in the end, it was to be law.

     

    What would you like to say about your experience with college admissions and competitive exams?

    I was very clear that I wanted to attend one of the top-ranked national law schools, and I was very fortunate to have found a place at NLU Jodhpur.

     

    How would you describe your life while studying at NLU Jodhpur? What activities did you tend to favor?

    My time at NLU was undoubtedly one of the best periods of my life, and has gone a long way in shaping me, both as a professional and as a person. While at NLU, I had a clear vision of what I wanted to do once I graduated, and I focussed on doing things that would get me closer to my goal. I tended to focus on subjects that I thought would help me once I started practising, and pursued internships that would further my goals.

     

    Were you always clear on corporate-commercial law as your field of expertise or were you drawn towards it while studying there?

    It was after my very first litigation internship that I realised that litigation wasn’t my calling. Like most law students who start off thinking they will graduate and pursue litigation, I did initially pursue a couple of litigation internships. After I completed my second year however, I found an internship opportunity where I was given both litigation and non-litigation related work, which is when I realised that I wanted to be a corporate lawyer. Subsequently, I chose to pursue the corporate law honours course that NLU offers, in my fourth and fifth years.

     

    Beyond academic experience what would augment CVs of law students and make them better candidates for the same?

    Obviously, being from a good university and having a good GPA will more often than not, help you secure a good job in the legal field. However, even internships can open up doors in most organisations, if one is found to be hardworking, resourceful, knowledgeable and eager to learn.

     

    What kind of internships would you recommend law students opt for to start building the sort of versatility and widened range of law that you are well versed with today?

    Most small to medium law firms in Bangalore do not have the precise demarcations when it comes to areas of practice, as many larger firms do, and as a result, most lawyers tend to have wide exposure within the broader boundaries of their chosen specialisation.

    In my experience, interning with small and medium size firms provides interns an opportunity to learn a wider range of subjects.

     

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    Krishnamurthy & Co. (K Law), an established corporate commercial law firm, was your first placement directly after college. How did your experience there help you add to your understanding and practice of law in India?

    Immensely. In my opinion, K Law is an excellent place to start one’s career. During my time there, I worked on a very wide variety of issues and was very fortunate to have been given a high degree of responsibility at a relatively early age. Both these factors were instrumental in helping me start Spectrum Legal.

     

    What prompted your shift from K Law to Poovayya & Co., Advocates & Solicitors in 2011?

    At that point, I was keen to acquire more exposure and see how other firms functioned. I had interned with Poovayya & Co. previously, and had found the experience very rewarding and enjoyable.

     

    What went into founding The Little Black Coat in 2013? What were your motivations for the same and how did it affect your perspective on legal startups?

    Even while I was in law school, it remained my ultimate objective to set up my own law firm. At the time when I took the decision to go independent, the startup ecosystem in Bangalore was booming, and it was only a matter of time before they all needed lawyers.

     

    What did you learn from your experience with startups while running The Little Black Coat?

    Working with startups is a completely different experience from working with bigger and more established entities. Established companies tend to be business savvy and typically require only legal advice. Working with startups however, requires you to do a great deal of handholding and walking them through business and financial issues, in addition to providing them with legal counsel.

     

    Tell us what drove you to set up Spectrum Legal with Chinnappa and Co.

    By that point I had developed a small client base, and while being an independent practitioner was extremely satisfying, it is also limiting because you cannot service your clients’ needs beyond your area of practice. Additionally, being only one person, you also face issues because of a lack of bandwidth. At that point, setting up a law firm seemed the natural and logical step, and when I met my partners, I found the team a good fit to take that step with.

     

    What was the motivation behind creating a law firm that aims to provide all types of legal services across different fields of law in the same firm?

    Like I said above, when you practise only one area of law, it can become difficult to service a client in a complete manner. A full-service law firm brings with it a unique synergy and the ability to meet all the legal needs of a client in-house, which was the motivation in creating a firm that provide a broad spectrum of legal services.

     

    Working for a firm, corporates especially, is generally seen as a time intensive lifestyle which leaves little room for much else. How true would you say this is from your own experience?

    There is a great deal of truth in that. Law is indeed a time-intensive profession, but so are most careers these days. In order to succeed, one must be prepared to put in the hard work. Having said that, I think as one becomes older and more senior, there comes a time when an individual can decide what his or her priorities are, and accordingly devise a schedule in keeping up with those priorities.

     

    What are your thoughts on the traditional ideas of specialization in singular core areas of law as opposed to the contemporarily broader approach to a wider field of law with multiple specialties?

    In my opinion, this is a result of the market where clients are faced with multiple legal issues. When it comes to law, most of the learning happens while one is working, and as such, a specialisation develops when one has been working for a while. I personally prefer a wider area of functioning, as I find this variety exciting and challenging.

     

    What would be your parting message to the readers?

    Before you graduate, and during the initial stage of your career, the choices one is faced with and the possibilities can be overwhelming. However, you’re in for the long haul, and it’s imperative to never lose the joy that comes from practising law. Initially, one’s focus should be solely to learn and attempt to master one’s field, everything else will follow at its own pace.

  • Puneet Bansal, Managing Partner, Nitya Tax Associates, on being a CA + Lawyer and practice in Indirect Taxes

    Puneet Bansal, Managing Partner, Nitya Tax Associates, on being a CA + Lawyer and practice in Indirect Taxes

    Puneet Bansal graduated in B. Com. from Hansraj College, Delhi University in 1998 and thereafter he acquired an LL.B degree in 2007 by eking out time for the evening classes of Campus Law Centre of Delhi University. Over the course of his highly successful career he has worked as a Partner at Lakshmi Kumaran & Sridharan as well as BMR Associates. He is at present a Managing Partner at Nitya Tax Associates.

    In this interview he tells us about:

    • Chartered Accountancy – his time in college, the contours of the course and tips to ace the entrance exam.
    • The work in an advisory practice, his law degree and experiences as a Partner at two firms.
    • The importance and convergence of law and taxation, advice for Tax Law enthusiasts, his views on the GST and setting up Nitya Tax Associates.

     

    How would you introduce yourself to our readers? Please tell us about your family and childhood.

    I was born and brought-up in a middle class family. My father is a business man and mother is a house maker. Being in a middle class household, my upbringing was normal. I was a pretty average student till Class X.

     

    Were you always clear about your career plans considering you pursued commerce in senior secondary and went on to graduate from Hansraj College, Delhi University in B.Com?

    Never. I choose Commerce in Class XI as I was not interested in Science and Arts. It was in Class XI that I developed an interest in studies and started doing well. Since my marks in Class XII were good, I joined Hansraj College. I didn’t have any career plan till then.

     

    How did you manage college with your CA preparations?

    One of my uncles filled the Chartered Accountancy form and that’s how I started doing CA. Indeed, CA used to be a tough course earlier as well. I used to go to college in the first half and come back to the CA firm in the second half when I was interning. It was a tough 3 years of managing both studies and internships.

     

    Please tell us about your CA Articleship. What was the application procedure? How competitive was it to secure an Articleship? What was the work assigned to you?

    I did an internship in a medium-size CA firm. My senior in the CA firm was a family friend so I got the internship with ease. I did accounting, company law and Income tax related work during the internship. Importantly, I was not at all exposed to indirect taxes during my internship which is my area of profession now. The period of my internship was a thorough enjoyment and was my first chance to peek into the professional services space.

     

    You graduated from Hansraj College in 1998 and finished your CA course in 1999 with an All India Rank. Please enlighten our readers with some valuable tips to ace the CA examinations.

    I cleared all CA exams in the first go and was the All India 27th rank holder in the CA final. I have followed one rule for preparation for CA exams, and in fact, now as well when I am practicing on my own I abide by it and that is ‘whatever you do, do with passion and then everything will fall in place. Otherwise do not do it’. I was always interested in understanding concepts rather than clearing exams. The conceptual clarity in all the CA final subjects only helped me in clearing the exams.

     

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    Our readers would like to know about your initial days as a CA professional. Could you share with us any interesting anecdotes?

    When I became a CA, I thought that life henceforth would be easy. But I was confronted with reality soon and realized clearing CA is the start of struggles in one’s professional career. Clearing the CA exam only opens the gates to the professional world. At each stage of our professional lives, we need to prove ourselves with hard work and competence.

     

    Was it difficult for you to shift to a new place of work, which was primarily a law firm? Please tell us about your work experience at L&S.

    (Puneet joined Lakshmikumaran & Sridharan in 2003 as a Chartered Accountant in their indirect tax litigation practice.)

    Indeed. I was working in Maruti Udyog and suddenly decided to shift to L&S. My family was stunned and couldn’t understand my decision. Also, the decision to shift from an Industry to a Law firm was a big change in my career. Working at L&S was a great experience. It was a close knit family environment comprised of competent professionals. Initially I did litigation, and later, set up their advisory practice. It was 9 years well spent in my career.

     

    In 2004, you joined Delhi University to pursue law. What was the driving force behind this decision?

    As I was working in L&S and wanted to make a career in litigation, I decided to do law. The admission procedure at the Delhi University required clearance of an entrance test. Clearing the entrance test was not tough.

     

    Please tell us about your law school days. Did you participate in any student activities? How active were you in other college activities?

    I did law from the Campus Law Centre, Delhi University evening batch, so I used to attend the classes and write the exams. As I was working full time in L&S, I didn’t participate in student or college activities during my law school days.

     

    How helpful was your law degree in terms of the added legal perspective to your existing knowledge? What career advantages did it bring?

    (Puneet qualified in Law in 2007, after that he continued with L&S.)

    The law degree really helped in giving me perspectives on the Indian Constitution and various other Commercial laws. I would recommend it as a “must do” if one needs to practice tax. Further, the law degree opens an opportunity for you to appear in the High Court and Supreme Court.

     

    What work does advisory practice include? What were the added responsibilities as a partner of one of the leading firm in indirect taxes?

    (After establishing the advisory practice of L&S, Puneet headed this team as a partner from 2010 to 2012.)

    The advisory practice involved advising clients on Indirect Tax issues involving legal interpretation, structuring business models etc. As a Partner of a large law firm, I was responsible for advising leading corporates of India. I also had the responsibility of managing a team of 10 – 12 professionals.

     

    Please share with us your work experience at BMR.

    (In 2012, Puneet joined BMR & Associates LLP as a partner.)

    My professional journey wouldn’t have been complete without joining BMR. It was a totally different way of practicing when compared to a law firm. The advisory practice was more focused on bringing legal, practical and implementable solution for clients. Furthermore, I really liked the professional practices in BMR. Overall, it was a great experience.

     

    How important is taxation as a subject for law students? What advice would you give our readers to consider taxation as an area of practice?

    Taxation is a very important subject for law students especially if one is focused on commercial laws. Taxation plays a key role in business transactions and has the effect of making and breaking the business. The current times are most exciting times for tax professionals with so many things coming up or growing up, be it GST, Transfer Pricing, International Taxation etc. This is right time to be in the taxation field.

     

    What issues did you face while setting up Nitya Tax Associate? Our readers would love to know about the significance of “Nitya” in the firm’s name.

    (Puneet recently founded an independent indirect tax boutique “Nitya Tax Associates” at New Delhi.)

    The decision to start Nitya was an attempt to create something on our known outside a framework of large firm. In professional services firm, only two things are important – clients and people. Some of the leading corporates have reposed faith in us and the going has been good till now. There were initial challenges on getting good people but now, we have a good team.

    The name ‘Nitya’ has its origination in the Sanskrit word and stands for ‘continuity’ / ‘eternity’. The name is a reflection of our belief and commitment to be available to our clients.

     

    Please introduce us to your team. What plans do you have to take forward Nitya Tax Associates, in terms of workforce as well as setting up branches in other major cities of India?

    We have a good team with some members with experience ranging from five to eight years. Kulraj Ashpnani, Deepak Suneja and Gaurav Narula have worked in large and reputed professional services firms. As of today, we are twelve professionals -a mix of Accountants and Lawyers. As of now, our focus is on NCR though we continue to cater to clients in other parts of India. For the next one, two, years, we plan to operate from Delhi and to strengthen our foothold first.

     

    What are your views about the upcoming GST regime?

    The GST will significantly simplify the indirect tax regime. During the first few years, it will open a floodgate of opportunities for professionals be it accountants or lawyers.

     

    What are the preferred legal issues you like to work on? Do you have any hobbies that help you unwind after a long day at work?

    Working on complex Indirect Tax issues for large manufacturing clients is my favorite as of now. I also enjoy doing litigation. Spending time with my kids and watching Hindi movies really helps me unwind.

     

    What would be your parting message for our readers?

    It does not matter what career you choose, but whatever you choose, do it in the most exemplary way and then everything will fall in place. Success is not a destination; it is a never-ending journey.

     

     

  • Sajai Singh, Partner, J. Sagar Associates, on work profile and experience in Corporate Commercial Practice

    Sajai Singh, Partner, J. Sagar Associates, on work profile and experience in Corporate Commercial Practice

    Sajai Singh graduated in B.Sc from St. John’s College, Agra and later qualified in law from Delhi University in 1990. Sajai is currently a partner at J. Sagar & Associates and the Chairperson of the firm’s Corporate Commercial Practice. Having experience spanning over more than 25 years, Sajai is an acclaimed transactional lawyer. Sajai has been the President of the International Technology Lawyers Association and is a member of the American Bar Association. In this interview he shares with us:

    • His college life, education and becoming a partner at JSA.
    • His experience as the past president of International Technology Lawyers Association, and also the field of Technology law.
    • The work entailed in his position and the field of corporate law dealt with.

     

    How would you like to introduce yourself to our readers, most of whom are aspiring lawyers?

    I am a first generation lawyer. My growing up years were spent moving from one cantonment to another as my father was in the Indian Army. Growing up in the army background bought a sense of discipline and commitment in me. I changed schools every two years if not earlier and my first exposure to living in a big city was when my father was posted to London and I joined him after completing my 12th Board exams, for one year.

     

    Could you tell us a little about your college life and why you decided to pursue a legal career?

    In college I studied Science. Chemistry was my favourite subject. Post College I studied Business Management and had an interest in International Trade. As I read more about International Trade, I realised the interplay and the key role played by Law.  It was the glue that made business possible in an organised and harmonious manner. Without the principles of law governing every aspect of business, a business transaction, like may others, would be anarchic. We had to keep referring to the ‘rules’ to answer any response to a ‘why’, a ‘how’ or a ‘what’. This was interesting, and at the same time intriguing.  That’s when I got interested in study of Law. Subsequently, I joined the Campus Law Centre, Delhi University.

     

    You completed degrees in B.Sc and PGD Business Management before pursuing law. Have these courses helped you in your work?

    Not just my qualification in Science and Business Management but also my secondary education in the Kendriya Vidyalaya system helped my overall growth and awareness, eventually assisting my study and practice of Law. Science taught me technical skills, while my Business Management background developed my analytical skills. My multidisciplinary exposure helps me understand the needs of my corporate clients better.

     

    What kind of activities did you take part in while at law school?

    Writing has always been a passion for me. While studying Law in the 80’s, mooting and debating opportunities were fewer compared to today. We made the most of the opportunities that came our way. Students today are blessed to have far more opportunities and avenues open to them. And they are not limited by geography.

     

    Did you do many internships while at law school? In retrospect, how important were these internships in shaping your career?

    Internship opportunities were few during my Law School days. I was, however, working while studying law. My passion for writing got me an opportunity in a leading advertising agency and I used to work in the copy department of the same. I also did part time work at Doordarshan and All India Radio. From the money I earned, I paid my rent and met my other needs. While the money I earned was not much, things were simpler, choices were scarce and my needs were simple. It were these life experiences that helped me realise the value of hard work.

     

    Having participated in a number of international programmes and workshops, what would you say were you biggest take-aways from each?

    I feel international exposure not only builds confidence for people from developing nations but also allows one to understand how to function in a flat world. The learning is both ways between developing and developed economies; between modern and ancient cultures; and between different professions. I have been lucky to have done courses in Wharton and with the Euromoney Institute. But the single most impactful experience for me was with the Centre of International Legal Studies/(CILS) Austria. I did a Certification Program in International Practice with them. This program took me to Dallas, where I spent 4 months working with the US law firm, Jackson & Walker. This time was an eye opener and prepared me for my forth coming move to set up open and run the Bangalore office of JSA in 1996.

     

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    You have worked with J. Sagar & Associates (JSA) for 23 years now. Can you tell us the best and worst things about working in a corporate environment in general, and JSA in particular?

    I started my career as a Litigator. I moved to Corporate Law after 2 years of Litigation and Arbitration practice. I would recommend all future corporate lawyers to have some exposure to Litigation and the Court system before they shift work exclusively in the Corporate Law field. My tip on this point for aspiring lawyers would be to spend as much time in the Court Registry as they can. This exposure is key to understanding process and how the backbone of the justice system works. Contentious work develops quick thinking, contextualising and research ability, which is very useful for a Corporate Lawyer. While exciting in its own way, it may take time for Corporate Law work to replace the adrenal rush of arguing a matter before judge.

    My Experience in Corporate law field is limited to JSA. Therefore, I would not be able to comment in general about corporate law firms. JSA has been a very International, forward looking and broad canvas exposure for me. Its institutional character, ethical rooting and transparent interactions make it a very happy and comfortable environment to practice law in.

     

    As the Chair of JSA’s Corporate Commercial Practice, how do you recall your career traversed to bring you to your current position? What is your current work profile like?

    Since 1992, when I joined JSA, some months after it started, I worked extensively for multinational clients setting up business in India. Those were the years when India was slowly liberalising its economy and JSA was working closely with its overseas clients to try and maximise value for them as a part of their India entry strategy. Other than foreign exchange regulations, the other laws that I initially worked with were Company Law and Contract Law. With years of focus on these statutes I had a background which led to me being made the Chair of JSA’s Corporate Commercial Practice. It is my endeavour to continuously expand this practice including in areas that I am passionate about and feel will become strong practice areas in their own right very soon. These are Employment Law, Anti-corruption Law, Data Protection & Cyber Security. I am doing a fair amount of work in both these areas. In terms of my work profile, in addition to doing billable work, I am also expected to create a business development strategy, training schedules and curriculum, recruitment and HR needs and implement them for the overall growth of the practice.

     

    Please tell us how do you approach work with regard to management and delegation.

    As with any progression it is important to nurture the younger generation and allow it to grow develop and play a larger role. I follow the same principle in my practice. I have always been surrounded by brilliant young lawyers who have worked closely with me in delivering extraordinary service to clients. I believe in delegation. I believe in trusting my colleagues and their ability. At the same time I do feel a challenging is a good way to obtain the best performance. Unless a matter requires involved supervision or is evolving with time, I tend to keep my role limited to supervision and emerging essentials.

     

    Tell us about an interesting case you handled recently. What is your favourite part in the life cycle of a given matter or case?

    One of the recent anti-corruption investigations, that I worked on, involved out-of-the-box time critical thinking. Most of the challenges came from the human element rather than from a law or a regulator. And it is the ingenuity of the human mind that emerges as the most fascinating aspect of any transaction. Unravelling and anticipating this aspect is my favourite part. Using technology as an able tool has proven to be a wonderful experience.

     

    How did you develop an interest in Technology law?

    (Sajai was the immediate past-president of the International Technology Lawyers Association, which is a first for any Asian.)

    I have always been interested in new areas of law, which evolve with the development of Society. Be it Television Broadcast Law, Cable Television Law, Copyright Law, or information Technology Law, I have seen all of them evolve before my eyes and these have been fascinating experiences. I am sure there will be other and newer areas of law that will grab my fancy in the coming years. I look forward to that.

     

    Please give us some practical insight into the Information Technology sector in India juxtaposed with the same in the global context.

    From being the back office of the world, India today provides the world cutting edge consulting and advisory support. I see entrepreneurs come up with new ideas and technological breakthrough on an encouragingly frequent basis. I do hope India would evolve into an IT product, Software and Patent creations hub in the near future.

     

    Could you please provide us with some context in regards your long standing association with the American Bar Association?

    Since most of my clients were American Corporates doing business in India, I had to closely work with US lawyers and US General Counsel. These interactions led to me being invited to speak at several Seminars and Conferences, including those organised by PLC, IBA and ABA. These and many other associations welcomed me and my thoughts into their fold.

    ABA seemed a natural fit for my practice as it helped me understand the US legal landscape. My clients operated in this space and I had to keep abreast with it if I wanted to adequately service my clients, Thus began my association with ABA.

     

    Please tell us a bit more about the Private Equity and Venture Capital Committee that you are the Chair of.

    As a part of my leadership of the PE/VC Committee, I collated International experiences, regulations and understanding to what may be considered a cross border phenomenon – PE/VC investments. These collated thoughts, updates and experiences were presented to the Committee members at meetings and online.

     

    You conducted skill development courses on Negotiation and Transactional skills at the NLS Bangalore. What is the structure and curicula of this course?

    I like to teach and work with students. They have so many new ideas and life is looked at with different perspectives. As a part of this interest I taught at the National Law School, University of India Bangalore. Now due to time constraint I’m only able to conduct shorter skill development programs and not teach semesters as in the past. My Negotiation Skills and Transaction Skills Courses were focused on practical development of the students rather than on teaching theory. I wanted to provide my students with an opportunity to understand how negotiations are conducted in practice and the life cycle of a transaction with several live examples exercises and fact patterns. My students got an opportunity to role play in a controlled environment which I hoped would prepare them for the practice of corporate law.

    I also conduct legal workshops in different universities across the world as a part of my education initiative for ITechLaw. The recent ones that I conducted were in Colombia, Ecuador, Peru and Chile. I hope to conduct one in Cuba next year.

     

    What advice would you like passed on to an aspiring lawyer?

    My advice to any aspiring lawyer is to remain curious, ask questions and try to learn one new thing every day!

  • Amit Aggarwal, Co-Founder, Effectual Knowledge Services, on starting-up, business management and IPR Solutions

    Amit Aggarwal, Co-Founder, Effectual Knowledge Services, on starting-up, business management and IPR Solutions

    Amit Aggarwal is a co-founder of Effectual Knowledge Services which offers IPR related solutions. EKS provide services in patent search, patent drafting and other allied areas. Having graduated with B.Tech from Kurukshetra University in 2002 and later completed his LL.B from Chaudhary Charan Singh University he joined Reliance Industries Limited as an Assistant Manager. Prior to founding EKS in 2010, he worked with leading organizations such as CPA Global and Evalueserve.

    In this interview he talks about:

    • Studying law post his bachelor’s in engineering from Kurukshetra University
    • His work experience at CPA Global and Evalueserve
    • Responsibilities at Effectual Knowledge Services

     

    How would you introduce yourself? Could you please share a little bit of what motivated you to pursue law as a career?

    I graduated from Kurukshetra University and was privileged to be part of the academic institution. I was given an opportunity to represent the college in numerous competitions organized by the institution and received many awards.  Apart from this, I also pursued LL.B from Chaudhary Charan Singh University which helped me to gain deep insights about the IP industry. Apart from the theoretical knowledge, the study of law had helped me to understand practical aspects of the legal industry. This further motivated me to embrace the challenging and exciting career in the field of Intellectual Property. I was an active participant in all the social and community engagements that took place at the university.  Besides this, I consider the quest for learning more about IPR and develop skills as a journey that is rewarding and is still on.

     

    How would you describe your typical day?

    I spend most of the time interacting with clients both domestic as well as international and assist them to develop IP strategy in order to achieve business goals. Also, a typical day involves prioritizing work and allocating the same to the colleagues. I also interact with employees to impart IP knowledge, address their concerns and conduct training sessions. I intend to make the team self-reliant so that they can handle complex patent assignments, deliver superior quality work and build long term relations with clients. Majority of the day is consumed by taking informed decisions relating to internal management, business development, assisting technology firms and advising startups. I try and finish the work in time to be home and unwind with my family.

     

    What diverted you to take this entrepreneurial plunge and start Effectual Knowledge Services in 2010? What prompted this move?

    I was fortunate enough to gain insights about the IP space while working with esteemed organizations such as CPA global and Evalueserve. In the beginning of my entrepreneurial plunge, I was aware of the fact that entrepreneurship involves bigger risk and rewards.  The idea of the firm stemmed from the possibilities and making fundamental change with respect to quality work, timelines, and other deliverables to the client that urged me to undertake my entrepreneurial journey.  In addition to this, there is immense potential in the IP space that fuelled me to pursue my dreams and make a mark in the field of IP.  The ability to identify, evaluate, and understand business has helped me to run the firm successfully. I also thank my peers and colleagues who shared the same passion and enthusiasm and I am obliged to them for being a part of Effectual’s journey.

     

    What has been your experience in working with international clients since 2010?

    The initial days of my entrepreneurial journey were demanding. They involved immense hard work, commitment and dedication to succeed and take the organization to newer heights.  Till now, I had worked with thousands of international clients and helped them manage their IP portfolio and achieve business objectives.  Since we are known for our quality of work and our search findings, a majority of the revenues is generated through repeat business from these clients.

     

    What prompted you to start the IPSS division in 2014? Tell us a bit more about it.

    The IPSS division was started with an objective to help clients in providing services such as patent proofreading, docketing, translation services, and patent illustrations and drawings. There was need to be fulfilled as most of the clients wanted to outsource their paralegal services apart from the regular work like prior art searches infringement searches, patent analysis, etc. The IPSS division is growing at an exponential rate due our superior quality work performed at a quick turnaround time.

     

    What were the biggest hurdles and challenges in the first few months? How did you deal with them?

    Every business has its own set of challenges to face with. These challenges include hiring the right people to build a brand. As there is intense competition in the IP space, every firm is looks to acquire clients and maximize its revenues.  We had to overcome these challenges by providing superior trainings and mentoring employees to handle complex assignments at a quick turnaround time. Apart from this, we have developed a well structured HR program in order to retain best performing employees and rewarding them for their work. Through our quality work, we bagged the Red Hiring Top 100 Asia Award 2014 and Deloitte Tech Fast 50 in 2014and 2015.

     

    While hiring for your company, what skills do you look for in a prospective employee?

    In today’s fast-paced world, every employee should have an ideal mix of skills and competencies to achieve the desired results. In addition to this, leadership and strategic decision making that an employee should be equipped with. Following are the traits that an employee should have:

    • Team Player
    • Multi-tasking
    • Excellent Communication Skills
    • Organizational Awareness
    • Problem Solver
    • Ability to Prioritize
    • Effective Decision Maker
    • Learning Ability
    • Proactive

     

    What have been your successes?

    Our success can be defined in terms of the revenue and global expansion. We have been growing at a rapid pace and expanding our team in the countries such as the US, Germany and the UK. Over the years, the business development team has gained client confidence and delivered quality services to clients.

     

    Is there any other tip you would like to give to our budding entrepreneurs?

    As mentioned in the earlier question, perseverance is the key to success in entrepreneurship. As India is not very startup friendly and entrepreneurs have to face many hurdles, it is critical for the entrepreneur to believe in his idea and results will follow.

     

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    What kind of work and responsibilities does a Manager at CPA Global deal with?

    The role and responsibility at CPA global involve providing assistance to US attorneys and Fortune 500 companies in patent prosecution and infringement analysis. I also helped leading technology companies in conducting patentability searches, patent to product mapping, landscape analysis, directed prosecution, claim mapping, prosecution history review and technical analysis of cited prior art and proposing amendments for office action responses. Apart from this, I have worked on number of intellectual property projects related to varied domains such as computer science, telecommunication and information technology, etc. The experience was quite enriching and gave me an opportunity to work on various projects involving prior art search, patent search, etc.

     

    What do you cherish most about the experience you’ve had over the past two years?

    The experience at CPA global helped me to gained insights about the intellectual property. During my tenure at CPA, I was awarded every quarter for my dedication and hard work. I have also consistently participated in various competition organized by the company on month-on-month basis.

     

    Elaborate on experience in working with EVS?

    I got an opportunity to be a part of the EVS and was handling clients across the globe. The work profile of EVS was interesting and gave me ample opportunities to work on array of projects. Majority of the work included conducting prior art search, invalidation search, and landscape analysis.

     

    You’re the Co-Founder and Director of Effectual Services. Please tell us about Effectual Services. What inspired you to embark on this entrepreneurial journey?

    Since the beginning of my professional career, I wanted to become an entrepreneur and make a mark in the field of intellectual property (IP).  Back in 2010, we founded Effectual Services – an idea that cropped up during my stint at EVS. I was very intrigued by the idea that there was immense potential in the IP space and building this company will be game changer in my life. During the first year, we realize that providing end-to-end solutions will be a differentiating factor and will lead to success of the company. That realization had led to the fifth year in 2015. Effectual got an amazing start as we were able to acquire international clients and solved complex assignments related to prior art search and invalidation searches. Every year, from 2010 to now, we have had the privilege of working with Fortune 500 companies and law firms.

    Effectual Services is based in Noida and is one of leading IP advisor to Fortune 500 companies, law firms, venture capitalists, and PE firms. Out team comprise of multi-disciplinary experts with rich experience in handling complex patent assignments in various domains such as Alternative Energy, Automotive and Aerospace, Biomedical, Biotechnology and Pharmaceuticals, Chemical and Materials, Information Technology, Electrical and Computer, Life Sciences, Telecommunications, etc. We also provide Intellectual Property Support Services (IPSS) such as proofreading, docketing, information disclosure statement, and patent term adjustment (PTA).

     

    What are your future plans?

    Being an ambitious person, I always wanted to make it big in my professional career with a perfectionist attitude, which I feel I am endowed with.  At the moment, the company is growing at an exponential rate. We are planning to expand in different geographies like the US, the UK, etc.

     

    Lastly, what would be your parting message for our readers?

    I believe that success can only be achieved through hard work and diligent effort. Reinvent yourself to stay relevant in the dynamic business environment. Successful people are aware that the knowledge is the backbone of success so they keep on learning new things and explore different avenues in life.

     

  • G R Srikkanth, Vice President – Legal, RP Sanjiv Goenka Group on a decade long experience as In-House Counsel

    G R Srikkanth, Vice President – Legal, RP Sanjiv Goenka Group on a decade long experience as In-House Counsel

    GR Srikkanth studied law from Osmania University and graduated in 1996, after pursued LL.M. at the same place in 1998. Currently the Vice President – Legal at RP-Sanjiv Goenka Group, Srikkanth is a rank holder in Labour Laws and IP Laws. His prior assignments include a near-decade experience at HUDCO (Govt. of India) and Govt. of AP.

    In this interview, he tells us about:

    • His decision to do two diplomas in Intellectual Property Laws
    • His experience as a Legal Manager at Housing Urban Development (HUDCO)
    • His advice on drafting infrastructure agreements
    • His achievements and landmark moments at RP-Sanjiv Goenka Group

     

    Did you have lawyers in your family?

    I have done my schooling and college education in Hyderabad. There are no lawyers in my family, I was very much interested in joining politics and LLB was a natural choice.

     

    How did you choose to do Cost Accountancy?

    (Srikkanth initially started as a commerce graduate with cost accountant qualification)

    Law was my first choice, but I also enrolled in cost accountancy to gain some accounting knowledge.

     

    How instrumental was Osmania in shaping up your legal career?

    (Srikkanth studied law from Osmania University and scored 1st division in the year 1996. Thereafter, he did his LL.M. from Osmania in the year 1998 and ranked 9th in the entire university)

    Osmania University’s eminence is unparalleled to any other institution in the country and it is the epicentre to many movements. It taught me a practical approach to looking at things. OU’s environment has always instilled confidence in all its students.

     

    Tell us about your courses. Share any incident from that time.

    (Srikkanth has done two courses i.e. Diploma in Intellectual Property from WIPO (UN) 2006 and PG Diploma in Intellectual Property Laws – IIT Kharagpur.)

    When IIT KGP started Law School and commenced PGDIPL, I took some break from work and enrolled there. Being in first batch there, we faced some short term issues similar to any new venture. But overall, the experience was enriching. A memorable incident was drafting an invention disclosure for a chemical product. Being a commerce graduate, it took much more effort on my part to complete the project.

     

    Please tell our readers about what your work experience was like at HUDCO. What did an average day of work look like?

    (Right after graduation, Srikkanth worked as Manager of Law in Housing Urban Development (HUDCO) (a Government of India enterprise) for nearly 9 ½ years)

    I appeared for HUDCO’s exam and got through and this is how I started my career with HUDCO. Primarily, the job involved appraisal of various projects in real estate, and various infrastructures like utility, social, urban infrastructure project.  HUDCO is a leading player in techno financing; it makes feasible studies about the project and finance. I was lucky that major projects commenced in my jurisdiction I got to work in many places across India which helped me learn various local revenue laws and regulations.  Major contribution was drafting of letter of comfort in lieu of State Government guarantee, when there were restrictions in issuing State Government Guarantee due to over borrowings of the State Government. This instrument was even vetted by RBI as a valid document for financing and it’s a first of its kind.

     

    Share with us the major points one should concentrate on, while drafting agreements on infrastructure projects?

    While drafting infrastructure projects, one needs to contemplate all kinds of risks that may be associated with the project and take a detailed brief from other functionaries like civil, environmental, structural engineering and finance team.  List out all the possibilities and make a provision regarding them in the agreement. Similarly, list out all the applicable laws and appraise the provisions with reference to the project whether they have any impact on the same. Also, address the issues fit-out period, concessions, compliances under labour and corporate laws, insurances and assignments etc. If the lawyer/in house counsel is involved in drafting terms and conditions from the tendering or RFP, then he/she will be in a better position to draft instead of merely vetting the agreements.

     

    How fulfilling were the last 10 years both on the professional and personal fronts? How challenging and grueling were the difficulties and how did you overcome them?

    (After HUDCO Srikkanth joined RP Sanjiv Goenka Group as Chief Manager Legal and has now been promoted as Vice President Legal.)

    Retail Industry is most challenging and complex in terms of legal and regulatory issues.  Every product whether, food or non-food, is covered under some law or regulation, a Hypermarket where 30,000 products are sold attracts dozens of legal and regulatory issues. For example, retailers need licenses even to sell products like mosquito repellents, cosmetics, etc. Every day is different and there is a need to address issues instantly. Over a decade, I have been able to learn many things.

     

    Would you kindly share your accomplishments and job specifications at RPSG Group?

    I have been awarded Chairman’s TOP GEAR award in 2008 for best performance in resolving legal issues, I have also been nominated for the Best In-House Counsel for Asia Pacific Award by International Law Office for the year 2012 – 2013. I have managed these laurels with the immense support I get from my wife and son.

     

    Please tell us a bit about your award by Retail Association of India.

    Retail Association of India (RAI) is an apex body which represents modern retailers and works towards growth for modern retail in India. www.rai.net.in. RAI has various committees representing the functions of Retail. Advocacy Committee spearheads the legal and regulatory issues of Retail Industry. Over the years advocacy committee has successfully liaised with various State Governments and Central Government to address legal and regulatory issues.
    I being a member of advocacy committee have contributed towards facilitating various changes in the field of labour laws, essential commodities laws, insecticide Act, Food Safety and Standard regulations etc., in recognition of these services RAI felicitated me with the award for excellence in Legal and Regulatory services in Retail Trade in India.

     

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    Kindly share your experience as a Member of the Taskforce on Food and Regulatory Issues and Advocacy Committee of Retail Association of India (RAI).

    Our advocacy committee at RAI is very active and we coordinate with various State Governments and the Central Government on legal issues, especially with reference to retail sector. We have made noteworthy contributions in this regard, for example, exemption from weekly closure, keeping of records in electronic form, changes in food laws and legal metrology.  The primary objective of the committee is to address the issues of the industry and facilitate the members.

     

    Tell our readers what needed to be done to ensure fair trade practices and what suitable measures are needed to promote the growth of infrastructure and retail sector.

    Major challenges for both the industries are approvals and clearances from various authorities due to which the projects over run and the costs increase. There needs to be a time bound clearance. It will be better to have deemed provisions which are designed such that if there is a failure to accept or reject the projects within a certain period of time, then they are deemed to be approved.

     

    What are your plans for the future? What advice would you give to those law students wishing to pursue a career in infrastructure and retail sector?

    I advise the young lawyers and students who wish to pursue these sectors to understand the entire process of the businesses and spend considerable time on the project viz., physically visiting the generation station, road project, airport and taking notes and understanding the processes and make the list which can impact the business and how to address the same in the communications/agreements. Keep reviewing various literatures pertaining to the domain in which you are interested.

     

    Would you like to see yourself in the the role of a lawyer or a facilitator?

    I would like to remain an In House Counsel, as the role of counsel is “more for less” and this function has evolved as a facilitator over time rather than merely being that of a litigator.

     

     

     

  • Huzefa Ahmadi, Senior Advocate, Supreme Court, on an illustrious career in litigation and work experience at Magic Circle

    Huzefa Ahmadi, Senior Advocate, Supreme Court, on an illustrious career in litigation and work experience at Magic Circle

    Huzefa A. Ahmadi graduated from Law Center-II, University of Delhi. He joined the Bar Council of Delhi on 6th September ’91 and started litigating before High Courts and Tribunals. He briefly went abroad and worked with Clifford Chance on a work experience placement.

    Huzefa came back to join litigation in India. He practices before the Supreme Court of India in matters concerning Constitutional Law, Administrative Law, Tax, Civil and Criminal Law. A third generation lawyer, law came naturally to him and he never considered any alternate career choices at all. Huzefa has been designated as a Senior Advocate in November, 2012.

    In this interview, he talks to SuperLawyer about:

    • Being influenced by his father, who retired as the Chief Justice of India
    • Experience as a law student at Delhi University in the early 1990s
    • Importance and minimum requirement for the designation of Senior Counsel
    • Entry of foreign law firms in India and its impact upon Indian lawyers

     

    When did you get inclined towards law?Tell us a bit about your family.

    I had decided to do law while I was doing my graduation. I am a third generation lawyer. My grandfather was a judge in the subordinate judiciary under the erstwhile State of Bombay. My father retired as Chief Justice of India.

     

    Did your father motivate you to pursue law? How did you come to study law?

    My father did not try to influence my decision as to the vocation I would like to pursue. In hindsight, I feel that my lineage did subconsciously goad me to take up law.

     

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    Which stream did you pursue your basic graduation in? Was the five-year course available to you?

    The five-year course was not introduced when I studied law. I did my B.A. with Psychology. I had no other plans but worked for a short time with HCL and sold computers for some extra pocket money.

     

    How was the environment in Delhi University in the early ’90s? What student activities were you a part of? How about internships?

    I did my law at the Evening Centre at Mandir Marg (CLC-II). Some professors were good but overall the course was neglected. You required an upper second in graduation to get into the law course. There weren’t too many student activities happening at the Evening Centre but classes were frequently disrupted by union activities. Most students were in Government service or over 40 years of age and did not seem interested in active practice of law.

    Internships weren’t introduced at that point of time. Internships now help in getting a broader insight of the profession. A lot depends on how keen the intern is towards the profession.

     

    Could you tell our readers about the first time that you appeared in court?

    (Huzefa began practicing at various High Courts and Tribunals soon after graduation)

    You always get a mixed bag of judges. Some were very helpful to young lawyers. I was fortunate to be in a chamber where I got a lot of opportunities to argue cases. My first appearance was before the C.A.T. where I argued the case of an Excise Superintendent against whom there was a disciplinary proceeding.

     

    Who were your mentors?

    Mr. M. Chandrasekharan, Senior Advocate and Mr. Maheshwer Dayal, Senior Advocate were my mentors in my initial days of practice. I was also inspired by my mother and father whose advice and guidance served as a beacon of light in the profession.

     

    Did you ever have any other plans other than litigation? What are your views on LL.M.? Do you think Indian Legal Education needs to improve?

    I never had any alternative plans.

    I think LL.M. helps in building a jurisprudential base. Legal education needs to improve at the middling level. There is a huge gap between the five-year courses and others.

     

    How did you get to work at a Magic Circle firm? When did you decide to come back to India?

    (Huzefa worked at Clifford Chance on a work experience placement)

    There was some work that I had done in India which led to my joining them on a work experience placement. The exposure was good as I saw the scale and expanse of an international law firm. I returned because I wanted to practice litigation in India and did not want to work with a corporate law firm.

     

    How does one become a Senior Advocate? Is there a lot of work owing to the designation?

    (Huzefa was designated as a Senior Advocate by the Supreme Court of India in 2012)

    It is necessary that you practice purely as a counsel at least for about 5-7 years before you apply to be a Senior Counsel. Designation can sometimes be a boon and sometimes a curse. If you are not up to it and aren’t briefed for the strangest of reasons you will be without work. As a Senior Advocate you get very less time to prepare as you are invariably briefed on the previous day.

     

    What are your views on the possibility of foreign law firms entering the Indian market?

    I think they should be allowed to enter but on a reciprocal basis. Their entry will ensure better terms for young lawyers.

     

    What would be your message and advice for our readers?

    Work hard and stay focussed on the profession. Have a hobby and other interests because there may be long periods of time when you may not have work despite doing your best.

     

     

  • Stephen Mathias, Partner, Kochhar & Co., on being a pioneer in Technology Law and work experience

    Stephen Mathias, Partner, Kochhar & Co., on being a pioneer in Technology Law and work experience

    Stephen Mathias graduated from NLSIU, Bangalore in 1995. He pursued a diploma from the College of Law, York as a Chevening Scholar. Thereafter he joined Arthur Andersen, and worked there for three years. Later he moved on to the Bangalore office of Kochhar and Co., a leading law firm with which he has been associated since 1999 and is currently the Partner-in-charge. He is also a co-chair for the firm’s Technology Law Practice, which is a first of its kind in India.

    In this interview he talks to us about:

    • His initial interest in Law and the subsequent formulation of his career goals
    • His experience at Arthur Andersen
    • His experience as a Partner at Kochhar & Co. in Bangalore
    • The development of Technology Law Practice

     

    You started your legal education in 1990, can you tell us “why law”?

    I did not have any close relatives who were lawyers. I was generally interested in Economics, Political Science, etc. and law seemed to be closely allied. Moreover, National Law School had opened in Bangalore and I thought it was worthwhile to give it a shot. I wrote the entrance exam and got in. After that, I did not hesitate to join.

     

    Tell us a bit about your time at NLSIU.

    Looking back, it was truly a revolutionary approach to legal education. There were some special moments. For example, while learning criminal law, Prof. Joga Rao would choose a case that brought out the intricacies of the ingredients of a section, get two students to argue for one side and two students to argue for the other side. It was great fun, far more so than watching even an engrossing Law TV series. The focus was on thinking, arguing, logic, rather than on mere rote learning. Our batch was also the first in NLSIU to experience open book exams. For the first one, we all went in, rather cocky, thinking it was going to be a breeze only to come out shocked having encountered long and confusing fact situations that required us to think, navigate through the facts and figure out the relevant from the irrelevant portion. I also enjoyed Prof. Devidas’s explanations on concepts of Constitutional Law, especially his focus on equality. I would say that though the institution was not at its best on commercial law subjects like Contracts, Company Law and Taxation at that time, I think Dr. Menon was truly a pioneer in his different approach to legal education. And I’m grateful to many of the faculty members who sacrificed a lot to teach us.

     

    What career goals did you have in mind while studying at NLSIU?

    In my third year, I encountered Corporate Law and took to it immediately. I felt I had found my field. Later on, when we had our pick of electives, I always chose topics that were allied to Corporate Law. There was a ‘Computer and Law Society’ in law school but I did not take to the subject until after I had practiced for a couple of years. I started writing articles in my 3rd year and by the 5th year, was writing on various law related topics for the Deccan Herald and also became the editor of the students’ law journal. I remain greatly interested in writing and have written for the Economic Times in the past on law and technology.

     

    How was your experience working with Arthur Andersen upon your graduation from NLSIU?

    In those days, there was no campus recruitment. Andersen sent word that they were interested in hiring. I applied and got in. I was recruited at Mumbai, which I didn’t mind as I had planned to start my career in Mumbai anyway. I had a job offer from RA Shah at Crawford Bailey as well. However, Andersen was paying me 3 to 4 times more and I found it to be a more exciting opportunity. Standards were extremely high. There was a huge emphasis on client servicing. I learnt how to communicate in simple business language, coupled with a logical flow. I realized that in Corporate and Commercial law, to be a successful lawyer, one has to possess strong commercial acumen. Almost everything you do, every transaction, has a tax implication. I learnt a bit about tax while I was there. I enjoyed Bangalore more than Mumbai though, because there was no separate legal team in Bangalore due to which I got to work a lot with the accountants.

     

    You did a diploma in European Law from The College of Law, York. How was that experience?

    I applied for the course and received a Chevening Scholarship. It involved 6 weeks in York pursuing a diploma on European Law and 6 weeks in London working with a law firm. It provided me a chance to get some international exposure. In York, there were classes every day, but there were no exams. Most of us didn’t take it too seriously. In London, there was not much work given to me at the law firm I worked at, Wilde Sapte. I discovered an amazing city with every kind of attraction imaginable – the history, gardens, plays, musicals, museums, walks. I made it a point to experience London in some new way every single day. I had a total blast and I have to admit, it was more like a paid holiday. If the aim was to expose Indian lawyers to British culture, my participation in the scholarship was a resounding success!

     

    What prompted your move to Kochhar & Co. in 1999?

    Andersen closed down its legal practice in 1998. I took a small break and a bit of time to find my feet again. Kochhar & Co. were looking for a new partner for their Bangalore office/chapter. I met Rohit Kochhar and was instantly impressed. He emphasized on client servicing and I felt that he was closely aligned to my way of working and the Andersen philosophy. When I was selected, I decided to join instantly. I spent a month in Delhi initially and I found working with Rohit Kochhar and his attitude to achieving success to be quite inspirational.

     

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    Being a pioneer of technology practice you represented reputed international clients and engaged in high stakes work right from 1999. What has your experience been like as a partner heading the office in Bangalore?

    The initial years involved a lot of hard work. Rohit Kochhar gave me a great platform and freedom to build the practice. Through our tech practice, we built a clientele of international tech companies. Managing an office involves dealing with substantial non-legal work like strategy, accounting, HR, etc.

    In more recent years, our partner Suhas Srinivasiah has played a substantial role in growing the practice and has been the backbone of so much of the work that we have done.

     

    You set up the Technology Law Practice. How did that come about?

    When I was in Andersen, paradoxically, for Bangalore, I did a substantial amount of securities work. It has continued to be a small part of my practice. But I did a lot of work in IT Contracting. I found that there were many international tech companies who needed specialized tech lawyers. I jettisoned Securities Law, concluding that I had no future with it in Bangalore. We set up the Technology Law Practice the moment I joined Kochhar & Co. and did a lot of research on Technology Law. Those were the incredible days of the ‘dot com boom’. Internet law was changing in the US literally every week.

     

    What does the technology law practice really comprise of?

    There are two parts to it really.  There is general commercial work we do for tech companies.  This could be corporate compliance, employment, real estate, regulatory.  Employment and real estate are particularly large practices because a large software development, BPO or call centre unit will have a large office and a huge workforce.  Then there is the tech work – licensing, outsourcing, e-commerce, privacy, telecom, IP.  There are some more specialized areas like virtualization and voice over IP implementation which is the biggest part of the Technology Law Practice.

     

    Voice over IP seems to be a somewhat unique practice. Tell us a bit more about it.

    India has many restrictions on the use of voice over IP (VoIP), in terms of it being used only by persons within the same group, prohibition on inter connectivity with PSTN, etc. Then there are issues around the use of the same PBX for IP and PSTN, call managers in the cloud and overseas maintenance of voice mail and recording of calls. Every large company would have implemented a VoIP based voice communication network. They want a seamless system whereby you can use your soft phone no matter where you are, whether in office or at home or whether in India or overseas. Indian law prevents this and there is a fair amount of structuring in terms of what is permitted and what is not. Then there are separate provisions for call centres which can have IP and PSTN inter connectivity. But these undertakings are subject to numerous restrictions as well. I think I enjoy this work because it satisfies my need to be more than just a lawyer. At the same time, it is very challenging and it’s essentially a lawyer practicing within an environment of technology professionals.

     

    What are the key areas of technology law today?

    Internationally, technology law has never been more exciting than it is today. You have cloud computing and the ability to provide services remotely. Different applications like email, social media, e-commerce, mapping, etc. are increasing connectivity leading to huge privacy concerns. The sharing economy and the likes of Uber and Airbnb are challenging traditional ways of doing business and concepts of law. In India, there is a fair amount of unrest within traditional hardware distribution channels over the discounting of pricing by e-commerce platforms. These throw up issues relating to foreign investment regulations and competition law. At the moment, the start-up scene in India is truly exciting.

     

    What are your areas of work outside technology law?

    I do some amount of corporate work. I have been more active in employment law of late. A key focus for me is risk management. I help clients and other partners navigate through difficult situations, helping them understand what the different options are, the risks under each and that an optimal solution is one that balances risks and the needs of the client best. I have recently been doing work in the field of renewable energy which I find most interesting. I also spend time helping to grow different practices.

     

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    You have an interest in public policy. Tell us a little about that.

    I am terribly dismayed by the direction the regulatory environment in India has taken in the last few years. The era of liberalisation of the 1990’s has passed. India is a highly over regulated market. Many of my international clients are taken aback by the extent of restrictions and conditions to doing so many things in India. India badly needs a strong dose of right-libertarianism. There needs to be a focus on finding an optimal level of regulation so that the needs of public policy and freedom to do business are better balanced. Every restriction, every condition must be questioned and there must be a justification for the curtailment. I also feel that the expertise of corporate lawyers, as opposed to senior Supreme Court lawyers to contribute to government policy making has largely been unexplored. Corporate lawyers are closer to the clients and have a better sense of how regulations affect businesses. I’d like to see the government appoint corporate lawyers to help with reforms.

     

    Can you give us a few examples?

    Take the Companies Act, 2013 for example. It is a terribly retrograde legislation. There are restrictions on so many things such as your financial year, how to issue shares, transfer of shares, related party transactions and so on. Apart from that, there are still limits on voting rights for preference shares, buybacks are still difficult. To add to that, the MCA has come out with a plethora of regulations with the result being that the total volume of company law regulation in the country has increased, not decreased. I was doing an ESOP plan for a private company recently – there are regulations on private companies as to minimum vesting period, limits on promoters receiving ESOP’s, acceleration of all options in the case of death or disability, etc. This is completely unnecessary and an interference with management. The current company law has largely taken us backwards, making doing business in India much harder while creating too much uncertainty in the system.

     

    What do you think of the new government’s focus on ease of doing business? Would you say the bureaucrats are ‘trigger-happy’?

    The one positive thing I would say about the current government is that their sentiment is in the right place. But we were hoping for change that is transformational and we have not got it yet. There have been some changes in Company Law that have reduced some of the restrictions imposed by the new statute.

    We were looking at the new industrial relations code recently. It is largely a combination of several laws without much change in the laws. In fact, some changes make life more difficult for employers. Do we still need a law that requires a business to take permission from the government to retrench an employee? Some changes to the proposed Land Acquisition Amendment do not make complete sense and have not been properly explained, even though the key changes are absolutely essential. I get the feeling the bureaucracy is not on board with the idea of liberalising India further.

     

    What is life like outside of law?

    The days are full with little time to myself. I like working out at the gym. I enjoy listening to a mix of jazz, blues and country music. When I travel I map where the concerts are and try to attend some that fit my schedule. I follow the world of the internet and changes in technology and Technology Law closely. Looking after my kids takes up a large part of my weekend and spending time with family is a truly enjoyable part of life.

  • Ashish and Vagish Kumar Singh, Founding Partners, Capstone Legal, on starting up with independent litigation right after graduation

    Ashish and Vagish Kumar Singh, Founding Partners, Capstone Legal, on starting up with independent litigation right after graduation

    Ashish and Vagish Kumar Singh graduated from NLSIU Bangalore in 2012 and 2013 respectively. Right after their graduation they decided to take the plunge and start-up.

    Founded in 2012, Capstone Legal is a leading law firm based out of Jaipur practicing law at Supreme Court of India, Rajasthan High Court, Gujarat High Court and Bombay High Court. The firm has handled over 400 cases in the past two years ranging from Tax disputes amounting to several hundred millions of rupees to pro bono work for India’s leading NGO’s.

    In this interview, the partners of Capstone Legal discuss about:

    • Building a successful law firm without any legal background;
    • Attracting clientele and performance in Court; and
    • Advice to prospective litigators and mooters.

     

    How would you like to introduce yourself to the readers? Please tell us something about your childhood and background?

    Ashish: I am the managing partner of a law firm called ‘Capstone Legal’ and graduated from NLSIU Bangalore in the year 2012. I am a litigating advocate who usually appears before Supreme Court, Rajasthan High Court, Gujarat High Court and Bombay High Court. My father is a retired civil servant and my mother is a retired school lecturer. I spent my childhood in several cities of Rajasthan due to transferable nature of my father’s job. My father has been always been an inspiration for me and both me and Vagish Ji have tried to borrow his Honesty and hard work in life and profession.

    Vagish: Ashish Ji is my elder brother and I Joined Litigation owing to his guidance and support. I graduated from NLSIU Bangalore in the year 2013 and joined as a Partner of Capstone Legal. We are one firm which has not one but two managing partners.  I started litigation at the Rajasthan High Court and I appear before the Supreme Court, Rajasthan High Court and various Tribunals in Jaipur and New Delhi. As Ashish Ji said our parents were in Government Service and hence from a very early age we were exposed to Governance and Law. I remember accompanying my father to NREGA works and “Governance at your doorstep” camps. These practical insights into law, government and the State guided me throughout Law School and even now as a Litigator. Even though both of us did our Senior Secondary as students of Science, our interest was always towards contemporary Social and Political issues.

     

    Why did you opt for the field of law? Do you have any legal background?

    Ashish: As my father was working with the government, I got an opportunity to observe the functioning of the executive & the judiciary which made me realize the importance of the profession of law. However, the main reason was that I was averse to the concept of working under a boss and it was my sincere belief that a career in law can give me the freedom to work on my own terms.

    We do not have any legal background. No one in my family, except my brother Vagish has a law degree.

    Vagish: My inspiration to join Law was undoubtedly motivated by the constant insights which I had by interacting with Ashish Ji, when he was in his first year of law school. He painted such an exciting and challenging picture of the Course, that when I gave my senior secondary examinations albeit as a science student, I had decided that I would opt for the field of law. Our upbringing also had a major role to play in this decision and I couldn’t agree more with Ashish Ji, our parents guidance had always encouraged us to observe and critique governance both from the perspective of a layman as well as a Judge or an Administrator. Law is not a subject either taught or practiced in isolation, it has great social, political and economic ramifications. The socio-political relevance of the subject had always fascinated me as a student and I was lucky to be guided and supported by my family in joining law.

     

    What were your objectives and plans in the preliminary years of the law school?

    Ashish: During the preliminary years at NLS, my objective was to become an entrepreneur. Thanks to our extraordinary faculty members, subjects like Economics always took my fancy. Needless to state, an understanding of law and procedure is vital for a business to survive and thrive.  However over the years I was lucky to have experienced some Great Internships under Mr. R.P. Singh (Senior Advocate) and Hon’ble Justice S.S. Kothari as he then was. I became inclined towards joining litigation in my third year at law school.

    Vagish: When I had joined law School, my only objective and goal as far back as I can remember was to join the Civil Services. I had been inspired by my Father and the manner in which people appreciated his hard work and contributions. However by the time I completed my fourth year of Law School, litigation appeared to be an exciting and challenging profession. That coupled with the fact, that through litigation I could possibly contribute to the bar and the society without any intervention by political or social elements.

     

    Have the NLUs been able to produce socially relevant lawyers? What is your take on this, given that many chose to take up firm jobs?

    Ashish: Taking up a job at a law firm cannot be the touchstone to decide whether a lawyer is socially relevant or not. There are several law firms & lawyers who take up pro-bono work and are engaged in social activities. It depends on one’s ability to find time to do something which helps the society. Moreover, some people choose to support social initiatives by providing indispensable financial help which according to me is an important contribution to the society.

    Vagish: All the National Law Universities have contributed immensely in producing socially relevant lawyers. In my opinion, Social relevance is often erroneously equated with only pro bono, policy making or individual litigation. The efficient functioning of the Industry, market and other financial entities is equally if not more vital and relevant for the society as any other job. I am glad and confident that the fate of Corporate India is in the hands of my Learned Seniors and Colleagues. Their contribution cannot be ignored in any manner whatsoever.

     

    Did you focus only on the Academics in the college life? How did you excel in the Academics? How’s the Academic Pressure in NLSIU Bangalore?

    Ashish: My focus was on academics while studying in Law School but I was a part of several hostel committees due to which I had a chance to work closely with the university administration. I was good at academics but I always scored more marks in my research papers than written examinations.

    Academic pressure at NLS Bangalore is high but one gets to learn a lot from the faculty and seniors. We had the country’s best faculty and I am lucky to have been taught by such legends in law.

    Vagish: The academic pressure in NLSIU is immense, you are constantly haunted by the fact that you are surrounded by the country’s best and brightest legal minds. But that in my opinion is also the greatest incentive and strength of Law School. Due to that competition and intellectual stimuli my primary focus was always on academics. However as Ashish Ji said we were involved in the Hostel Committees and worked closely with the College Administration on various issues. I always enjoyed participating in and helping in organising ‘Spiritus’ which is NLSIUs sports festival and played some Hockey and Volleyball for the University. It was always my endeavour to stick to all timelines stringently and attend classes irrespective of bad health or otherwise.

     

    What were your area of interest while you were in Law School? And how did you go about developing expertise and knowledge in these areas?

    Ashish: I had done my senior secondary as a Science student and therefore when I joined law school, introduction to subjects like Economics and Sociology fascinated me. I enjoyed reading international authors on Contract Law and Transfer of Property. However as soon as we were introduced to Commercial Laws and Taxation Laws the expanse of these laws and the beautiful legal principles governing them, took my fancy.  During my fifth year in law school i spent long hours in the library studying and discussing Laws related to Arbitration, Taxation and International Trade Laws. One of my favourite subjects has to be Litigation Advocacy, which was taught in the final year.

    Vagish: In my first two years in Law School I enjoyed subjects such as Sociology, History and Political Science. I was amazed by the manner in which all these factors affect the formation and enforcement of laws in our country. My primary areas of interest were Criminal Law, Constitutional Law and Indirect taxation. I always made it a point to attend all our lectures and atleast browse through relevant reading material before attending them. We had an amazing faculty who always had an open door policy to all students, and hence project consultations and interactions after class really helped in my understanding of various legal principles. In law, there is no alternative to extensive reading, hence if a student of law intends to sharpen his skills and knowledge, he/she should read law not for grades or CGPA but for its real life application and utility. It is very essential to make a connection between ones internships and the subject matter being taught. All sections or provisions of law are not equally practically important and as a law student although it is prudent to have a overview of all important enactments but it is very important to not ignore the basics.

     

    You judged several moot court competitions in the past. What do you see in a good mooter? Please provide guidance to the Prospective Mooters?

    Vagish: I remember interacting once with Justice Rajendra Babu in one of our farewell dinners at law school. I told him about my intention of joining litigation after passing out and sought his guidance. He told me that the biggest mistake a young lawyer or a mooter ever makes is that he/she focuses so much on the intricacies of law that facts are ignored. It has been my belief and experience that litigation as well as mooting involves attention to detail to every single fact in a brief. It is important to know what to say and when to say it. Presentation of facts sometimes makes the most crucial difference between a good and bad mooter. My advice to all mooters would be to never memorize what to say or how to say it, just be thorough with your facts and law; and go with your natural style and flow.

    Ashish: I completely agree with Vagish. Adding to what he has said, my suggestion to all mooters would be to read at least the introduction to Nani Palkhiwala: The Court Room Genius. It is important to be sound on Procedural laws and give importance to a particular argument on the basis of the stage at which a particular brief is being argued. Also, a mooter or a young lawyer should be his own best critic and counter every argument he/she plans to make. I have noticed that mooters and young advocates sometimes rely on overruled judgments due to blindly relying upon Books and Commentaries. It is vital that before a particular case law is cited before a Tribunal or a court, the entire jurisprudence on that particular issue should be clear in the mind of the Mooter/Advocate.

     

    There is a notion that one should work at least a few years under a Senior Advocate to understand the intricacies and practical aspects of Law. You started your practice independently right after graduating. How did you overcome your initial jitters in a courtroom full of experienced lawyers and judges?

    Ashish: Working with an experienced advocate certainly is helpful in training a young lawyer in legal and procedural skills, most importantly court craft and presentation. I have had the privilege of briefing Mr. K.V. Viswanathan, Mr. S. Ganesh,, Mr. Hiren Rawal, Mr Amrendra Sharan (Senior Advocates) in some our cases and it has taught us important insights in law and procedure. However I disagree with the statement that it is a prerequisite for every young counsel to compulsorily work with a Senior. A good senior is one who provides ample opportunities to his associates and juniors to prepare and present cases in courts. I was extremely fortunate to spend my only few months as a Junior Associate in the office of Major R.P.Singh Senior Advocate. He always encouraged me to draft Petitions, replies and entire briefs as well as appear before the Hon’ble Courts, at a young age. I am also thankful for the Guidance of Mr. N.M. Ranka Senior Advocate, under whom I did not have the privilege of working, but have always received his guidance, encouragement and support.

    Vagish: I find it extremely difficult to understand this fallacy that a young lawyer should spend 5 to 10 years with a senior or a firm before he/she starts to appear himself before courts of law. Personally I feel no matter how experienced one becomes, a crucial hearing or a high profile case will give jitters to even a senior counsel. As a law student who has been trained by the best teachers in this part of the world, we can make no such excuse and should be ready to take on the responsibility. Most of all young lawyers should learn to embrace the challenge of this profession and be confident in their knowledge and skills.

     

    Both of you being partners of Capstone Legal. What all challenges did you face while starting up given that you do not have any legal background? What were your challenges and how did you face them?

    Ashish: I remember Hon’ble Justice V.S. Dave had told me once that Litigation and Advocacy is a rather strange profession, for the simple reason that one has to behave like an aristocrat yet be as one with the masses. I understand now the true meaning of what his Lordship wanted to convey, since not every brief involves multinational corporations or persons with a capacity to pay. Early on it is extremely difficult to attract clientele and maintain a regular flow of cases. The task becomes herculean if one starts accepting or rejecting a brief for the fees that the client is capable of paying. We overcame this trust deficit by accepting briefs irrespective of the fees, and by sincerely and thoroughly representing whatever limited clients we initially had. This performance at the bar acts like an investment whose dividends a Counsel reaps in the future. Due to this practice, we currently work with over a dozen ET500 companies.

    Vagish: The biggest challenge that a young lawyer or lawfirm faces is attracting clientele. However, if a lawyer is patient and remains honest to his profession, this hurdle can be overcome by consistent performance at the bar. A young lawyer should not worry about the fees or quantum involved in a particular case. it might be extremely difficult to get your first brief but as I have learnt by observing Ashish Ji, performance at the Bar is noticed both by the Bar, the Bench and by other clients. We have also been extremely fortunate to receive guidance from seniors such as Mr. N.M. Ranka, Senior Advocate; Mr. R.P. Singh, Senior Advocate who always motivated us and trusted us even with complicated matters.

     

    Please tell our readers about Capstone Legal, which in a brief period of two years has earned the name in the Legal Industry. What is a day at work like? What is the most challenging or stressful part of being a founding partner of a law firm?

    Ashish: We started Capstone Legal as a litigation firm with the objective of providing individual and corporate clients a one stop solution for disputes pending before tribunals and courts of law. I am fortunate to work with Vagish as partner since we have always worked together and understand the firm’s objectives and requirements equally. A typical day at work always begins at 8.30 and spending all day at Court or Tribunals till 5 and coming back to sit in office to about 11.

    We both enjoy what we do and would not consider stress as being a part of this job. However, the most challenging part of being a founding partner of a law firm is a sense of responsibility and obligation towards a client. Many a times clients from extremely economically and socially backgrounds approach us with cases which we undertake pro bono. To my mind, obtaining any amount of relief in accordance with law to such a person, though stressful and challenging can be extremely gratifying.

    Vagish: The success of our firm is undoubtedly due to the outstanding cooperation between me and Ashish Ji. He has always guided me not to prolong any matter and deal with any issue sincerely and promptly. Clients appreciate our zeal to get positive outcomes. Ashish Ji has already talked about the day at work and typically both of us share the same time table. We make it a point to prepare all briefs together so that the interest of the client is not jeopardised in case one of us is travelling to attend matters in other forums or cities.

    I have come to realize that the most challenging part of being a founding partner of a law firm is that though we are always free, we are always busy. I always tell my interns that I do not have anyone who forces me to wake up every morning to sit in office and attend court. As an advocate and partner one has to motivate himself/herself everyday and treat the client’s interest as paramount above all else.

     

    Today law students intern at different places like Corporate Firms, Litigation Firms, NGO’s, Research Organizations, and Policy Think-Tanks etc. Where were your internships at law school? How is an internship helpful for a law student?

    Vagish: I think it is a welcome trend in law students to experience all areas and fields of practice of law. While in law school, both of us undertook internships at NGO’s, advocates at the Trial Court and Senior Advocates at the High Court. My internships solidified my intention to join litigation and skills learnt throughout those internships helped me in my initial years of practice. I think the importance of an internship for a law student is best reflected when he/she joins the profession. Key skills learnt during such internships enable a young lawyer to familiarize himself easily to the workplace and the profession.

     

    You have worked in over 400 matters till now across Supreme Court, High  Courts, CESTAT and Trial Courts at a young age. How’s your experience so far in arguing cases? What is the most interesting case of your litigation practice till now?

    Ashish Kumar Singh
    Ashish Kumar Singh

    Ashish: Arguing a case is an extremely challenging and exciting part of this profession. One needs to be well versed in all facets of the particular law and issue in a particular brief. in addition to a clarity in law, I make it a point to be absolutely sure about each and every relevant fact, so that it can be referred and brought to the attention of the Hon’ble court. Most of all the process becomes even more exciting since the issues involved are always extremely relevant to a person or a company, having real consequences to life, liberty or economic conditions of the client. Arguing a case, requires certain tact and court craft coupled with humility. I have had the good fortune of arguing a number of exciting cases, however one particular murder trial stands out. I was engaged by a local counsel at a certain district court to argue the final arguments in a sensational murder trial. It had been published in the local newspapers for years and involved alleged murder of a daughter by her own father. Without going into any details I can state that I was engaged to represent the accused father, and the arguments continued for over 5 hours before the Learned District and Sessions Judge.

    Vagish Kumar Singh
    Vagish Kumar Singh

    Vagish: I had always seen my brother arguing in court when I first joined the profession and he had outstanding confidence and presence at the Bar even back then. I borrowed some of his flair and enjoy arguing before various courts and tribunals. It has been my experience that the most insignificant sounding cases teach a young lawyer the most about law and its practice. Perhaps one of the most exciting cases I have argued was the Constitutionality of Section  234E of the Income Tax Act before the Hon’ble Division Bench of the Rajasthan High Court. I referred to some beautiful passages from Seervai’s Constitutional Law and Case Law distinguishing between Fees and Penalty. Arguing pure and simpliciter constitutional law is always a delight.

     

    Does Capstone Legal take interns? If yes, then what is the procedure for taking interns? What are your expectations from a prospective Intern in your firm?

    Ashish: Yes we always encourage internships for students in their third, fourth and fifth years. One may apply for internship at Capstone Legal through our website www.capstonelegal.in.

    We expect our interns to participate in the realtime functioning of the firm which includes client meetings, drafting and briefing of counsel. We are a young and energetic law firm and expect the same kind of zeal and energy from our associates and interns.

     

    What would be you message to the law students who want to pursue their career in the Litigation?

    Ashish: Litigation requires a leap of faith and most of all it requires patience. There may be times in the starting few months of your professional life, when you have no brief, or maybe one brief in one entire month. Even in those times it is important to be honest to one’s profession and attend Court diligently, learn from your colleagues and seniors and always remain vigilant of developments in law whether judge made or otherwise.

    Young law students must undertake litigation internships in good offices, to learn beforehand of the nuances of law and its practice in courts.

    Vagish: Litigation is undoubtedly a challenging profession. However for any young law student who wants to work on his own terms, litigation should always be a choice. It is important to believe and be confident in one’s own knowledge and skills. Most of all a good advocate is always humble and polite to his colleagues & to the bench and yet ferocious while at the bar.

     

     

    This interview was taken by: Shubham Gupta, III year, NLU Delhi