Super Lawyer

Category: Partners, General Counsels and Senior Advocates

  • V. Mohana, Senior Advocate, Supreme Court of India, on the AOR exam, life in litigation and role of a Senior Counsel

    V. Mohana, Senior Advocate, Supreme Court of India, on the AOR exam, life in litigation and role of a Senior Counsel

    V. Mohana graduated from Coimbatore Law College (now GLC, Coimbatore) in 1988, India’s first batch of the five year law course. She joined the chambers of Mr. M. Panchapakesan as a junior after graduation, where she had also interned in her final year. Thereafter, she moved to New Delhi and worked with Ms. Indu Malhotra and Mr. C.S. Vaidyanathan, enriching her expertise in litigation. After successfully passing the Advocate on Record examination in 1996, she has been practising independently in the Supreme Court, Delhi High Court, National Consumer Commission, etc.

    She has worked on matters with eminent seniors like Mr. Kapil Sibal, Mr. K.K. Venugopal, Mr. P. Chidambaram, Mr. Arun Jaitley, Mr. T. Andhyarujina, et al. She was also a Panel Lawyer for the Government of India. She was designated as a Senior Advocate by the Full Court of the Supreme Court of India on 23rd April, 2015.

    In this interview, she talks about:

    • Being a first generation lawyer: college life, internships and interest in litigation
    • Moving to New Delhi and establishing her practice
    • Cracking the Supreme Court Advocate on Record examination
    • Her wide range of practice encompassing various courts, tribunals and as a Panel Lawyer
    • Being one of the few women Senior Advocates of the Supreme Court

     

    Please introduce yourself to our readers. Were you always interested in pursuing law? Are there any lawyers in your family who motivated you to join law school?

    I am a first generation lawyer, and I have been practicing for the past 27 years. From my school days, I was interested in debating, public speaking, theatre etc. I took an interest in law during my higher secondary education. The sole credit behind my motivation to do law goes to my Mother. There were no lawyers in our family until I finished law. Now there are more than three, and a few more in the making.

    You are a student of the very first batch of the five year integrated law course, introduced for the very first time in India. We would love to know about your college. Was there any confusion/mismanagement, considering it was a new concept?

    Yes, I belong to the very first batch (1983-88) of the 5-Year integrated law course after higher secondary, introduced for the very first time in India in the year 1983. Our college those days (Coimbatore Law College, Bharatiar University, Tamil Nadu) was run in a rented premises. There were very few classrooms during the first year since we were the only batch and the rest of them were three year law students. We had a small library and a very small room for sports activities.

    Our syllabus was structured similar to the present syllabus, but it was not very detailed. We also studied subjects like Sociology, Economics, Legal History, History and Legal Language & Legal Writing etc. during the first two years. The rest of the three years we had subjects like Family Law, Transfer of Property, Constitutional Law, Income Tax, Insolvency, IPC, Evidence Act, CPC and Cr.PC along with Drafting, Pleading and Conveyancing.

    There was no confusion or mismanagement and, of course, the infrastructure was limited. There were few teachers and we had hardly two to three classes a day and only one session either morning or afternoon. There was no hostel for girls and there were very few girls in the class.

    Were there any student activities and opportunities such as debates, moot courts et cetera? What was your typical day like? Did you also pursue any hobbies?

    There were activities and opportunities such as debates, dance competitions, quizzes, etc. which were conducted by other Arts & Science colleges in which we all participated. There were a few moot courts competitions as well that were conducted by colleges outside the city and state, so participation was difficult. Our typical day was very relaxed and had only two classes/lectures. We had a lot of free time to pursue any extra-curricular activities, but we did not have many opportunities. I was in a working women’s hostel and our timings were very restricted. I used to give tuitions for school children in my free time.

    Did you do any internships? What was the work allotted to you like?

    The concept of internships was not in vogue back then. However, we were regularly going to court in the morning since we had classes only in the afternoon. During my final year, I myself went and joined a Senior Civil Trial Lawyer Mr M. Panchapakesan who is one of the doyens in the Civil Bar in Coimbatore. After a short interview and after checking my aptitude, he agreed to take me as an intern and I started going to his office and court in the morning and after college hours. The work I was initially asked to do as an intern was to note the case diary maintained by the office clerk which reflected the entire list of cases on a day-to-day basis for the whole year. Every day we had to note down the date of the particular case in the diary and maintain it regularly so that we get ready in advance for a trial. This habit is something I follow to this day. Apart from that, my senior would dictate legal notices, plaints and written statements which would be taken down by the juniors. I was asked to re-write the same in big font with triple spacing on white sheets of paper and give it to the senior for his correction and editing. By this method, I learnt a lot about drafting and pleading. There was no concept of stenographers in our office those days. Every pleading, application and written submission used to be dictated to juniors. I got the benefit of directly taking the dictation from my senior very soon after I joined as an intern, due to the fact that I could write fast and my handwriting was legible.  I have acquired maximum advantage in profession due to this practice of taking dictation.

    How did you manage the internship with studies? How did the practical exposure compliment the theoretical knowledge imparted to you in college?

    My internship never disturbed my studies. It rather helped me in learning what was taught theoretically in college. For example, we had papers such as CPC, Cr.PC, Drafting, Pleading & Conveyancing in the final year. I feel that these papers should be taught only in the final year. Since I was going to the trial court in my final year and taking dictation in my office, I could practically learn the application of CPC, Transfer of Property, Partnership, Filing Suits, etc. due to the personal practical experience. Even today, it is that training which is helping me. The art of drafting sale deeds, lease deeds etc also helped me in my conveyancing exam.

    Did you consider pursuing higher studies after graduation? How important is it for a lawyer to go for higher studies? Were you inclined at any time, towards the civil services?

    Honestly, we could not think of pursuing higher studies after doing law. Those days, even a five year law course was a luxury and we could not afford to think of any further education, coming from a big family. It is good to go for higher studies if one can get a good scholarship or afford it. However, it is not compulsory if one is planning to do litigation in India. Of course, higher studies abroad gives you wide exposure and analytical approach so it is very helpful. I never thought of civil services at any point of time since I always wanted to practice in a court of law.

    You joined the office of Mr. M. Panchapakesan upon completion of your law degree, with whom you had interned as well. What was the scope of work?

    On completion of my law degree, I continued to work in the office of Mr M. Panchapakesan. Initially, the scope of work was the same as it used to be during my internship. Eventually, he would ask me to prepare notes for trial and involve me in discussions with clients and in taking down depositions of witnesses while it was recorded in the court room, in order to review it in the evening. We also drafted plaints in simple suits and some applications. The working hours used to be 8.00 a.m. to 8.00 p.m. He would allow us to go home on Friday evenings. On weekends we would work full days on Saturdays and half-days on Sundays. It was a pleasure working there and he would always take good care of us. All other juniors were elder to me and they would take very good care of me, being the only girl in the office. They were all like my elder brothers and till date we are in touch like a family.

    How was it to appear in the court for the first time? Can you recall any specific incident?

    It was quite comfortable for me. I was not nervous at any point of time since I have always been confident and had no stage fear even while in school. Of course, whenever my senior was likely to be present in court, I would get nervous. The courts were also very congenial even in those days. I have great respect and regards for courts and judges but I never got scared. Once, I was moving a temporary injunction with a very senior lawyer opposing me. When he was not getting his way, he started saying things like women should not be seen raising their voices in court and that their place is in the house, to which I replied by saying that if he has any point in the case he can argue and that such statements are quite immaterial to the merits of the case. The trial judge also took exception to what he said, but I never got annoyed or lost my temper. I succeeded in the case. He was a fatherly figure and a great lawyer. After a few days, he became very affectionate to me and we both developed a very cordial relationship at the Bar. I only feel that one should never lose their temper in a court of law and one should always respect one’s opponent. After all we are not fighting our personal cases!

    How did you decide to move to New Delhi? What difficulties did you face initially? Would you say Delhi provides more opportunities than any other cities?

    I was in the trial court till the summer of 1992. I had just then started getting a few cases of my own, but it was difficult for women in those days to get cases of their own, especially in small cities. At that time few of my married sisters and two elder brothers were living in Delhi and my senior advised me that if I wanted , I could try my hand in Delhi and was welcome to join him back at any time if I felt uncomfortable. At that point of time my parents also thought that since my sisters and brothers were in Delhi, it would be easier for me. I had no difficulties in Delhi, though I came very reluctantly. Through my very best friend and his contacts I joined the office of Ms. Indu Malhotra, Senior Advocate (then an Advocate-on-Record).

    Delhi provides lots of opportunities, definitely better than any other city. Because you have trial courts, high court, administrative tribunal, MRTP commission (now Competition Commission, Competition Appellate Tribunal), CESTAT, Army Tribunal, etc. and of course the Hon’ble Supreme Court of India. So there is a varied practice and scope for every field.

    How was the experience of working with Ms. Indu Malhotra? How did it feel to interact with and brief some of the best seniors of those days?

    It was a great experience working with Ms. Indu Malhotra. She was one of the busiest Advocates-on-Record doing a lot of private work from Tamil Nadu, Kerala, Maharashtra, Punjab & Haryana, Himachal Pradesh etc. She was also the then Standing Counsel for the State of Haryana in the Supreme Court. That gave me a lot of exposure and I learnt how to draft Writ Petitions and Special Leave Petitions, do research work and brief Senior Counsels. We used to get a lot of appearance in court and that gave me ample opportunity. It was great to interact with and brief some of the best seniors of those days: Mr Kapil Sibal, Mr. Arun Jaitely, Mr P Chidambaram, etc. All these seniors would normally allow us to give our view points in every briefing and also discuss the strategy to be adopted while arguing the case. It gave me lot of confidence and exposure.

    In fact, once in the beginning, I had briefed a senior counsel where we were to oppose a stay in a Special Leave Petition as caveators, and the petitioners were represented by a batch of seniors. Those days, a caveator would never get a Passover when matters are called if the advocates for the petitioner are present. Even today many courts follow this practice. When this matter was called, the battalion of seniors were present for the Petitioner and I was seeking a Passover for our counsel since he was in some other court. Ms. Indu Malhotra was also busy in another court. But, the Passover was refused and the petitioner argued the matter for the interim relief. Due to the conference and guidance of the earlier day, I was successfully able to oppose the petitioners’ counsel and averted an interim order. This instance gave me a lot of exposure and it was only due to the experience of working with Ms. Malhotra.

    You then joined the chambers of Senior Advocate Mr. C.S. Vaidyanathan. What prompted this shift? Was there a change in the kind of work that was allotted to you?

    In August 1993, I joined the office of Mr. C. S. Vaidyanathan, Senior Advocate. Though I was learning a lot and getting to appear in court, I thought I had learnt Drafting to some extent and I needed to sharpen my skills in complete legal research and counsel work. I wanted to work under a Counsel so I could learn how to prepare arguments and improve my research skills.. So, I shifted from Ms. Malhotra’s office to that of Mr. CSV. The nature of work was different in the sense that there was no work involving the drafting of SLPs, going to the registry and briefing other counsels etc. Instead, we had to read files, which would come for the Senior Counsel engagement from different AORs, and prepare notes for the case and do research. We would participate in the conferences and prepare a list of dates and events and case law notes. Sometimes the briefs would arrive at the last minute also, so it was a learning of a different kind.

    Could you share with us any interesting case that you were a part of? How did you strike a balance between family and work?

    Mr. CSV is a fantastic and an amazing Senior Advocate. He is quick in his uptake, has wide knowledge and is a brilliant lawyer. There were several reported cases between 1992 to 1996 that he had appeared in, when I was working under him. There were several interesting cases. Amratlal Prajivandas case (SAFEMA case: 9 judges matter), Mc Dowell case etc., Jain commission after the death of Rajiv Gandhi were all good  and interesting matters where I got opportunities to learn.  I got married in the meantime, so I had to balance both family and office work. But, our working hours were not so bad and we had the flexibility to adjust our office working hours. My husband helped me a lot in all domestic work and so I was able to manage in office and at home.

    Did you require any preparation to appear for the Supreme Court Advocate-on-Record examination? How was the experience? What would be your advice to lawyers appearing for it?

    Yes. One has to plan and prepare for the AOR exam. I had put in a few hours of study every night for a period of about three months. I was not able to study on all days or do it at a stretch. In fact my son was born in 1994 and he was very small when I started preparing for the exam, therefore, it was difficult to concentrate and study. So I feel that a long time planning for few hours everyday will help one to pass easily. I was appearing for exams after a gap, so I was nervous while sitting in the first exam. Thereafter, I became comfortable. My advice to all the lawyers who want to write that exam is to read regularly and attend the classes conducted by the Supreme Court for this purpose prior to the exam. Answer all questions carefully and you can easily pass.

    What was your experience like, to practice in the newly established disputes redressal system under the Consumer Protection Act, 1986? How was it different, in terms of procedure et cetera from practicing in the Supreme Court and the High Courts? Which other tribunals do you appear before?

    I started getting cases in the National Consumer Disputes Redressal Commission. This is the apex commission which has now the jurisdiction for complaints more than Rs. 1 crore and also for appeals from State Commissions and Revisions. This has a summary procedure and evidence in original complaints are by affidavits only. It gives a quick remedy in respect of consumer disputes. It was a very good experience for me. In exceptional cases, they do send interrogatories. It is very easy to practice there if you are thorough with the Consumer Protection laws and related subjects. I used to appear in MRTP (Now Competition Commission, and Appellate Tribunal), CAT, and CEGAT (Now CESTAT).

     You seem to have been a part of cases involving sensitive issues like custody of children of warring parents. Could you share with us any experience?

    I have done a few custody cases. But, as a Mediator in the Supreme Court I have handled these more. They are very difficult to resolve and are usually fought bitterly. In matters of custody between husband and wife, the welfare of the child is always the paramount consideration.

     What responsibilities did you have as a panel lawyer for the Government of India? What exactly does a panel lawyer do? What kind of cases did you handle as a panel lawyer?

    I have been in the panel for the Central Government for many years. The nature of work differs from one panel to the other. There are drafting panels and appearance panels, and I am in the Senior appearance panel. We get the matters and we have to always be ready to appear. In case the law officers are not able to attend we will have to argue. I have handled various subjects like civil, service, criminal, narcotics, prevention of corruption cases, and constitutional law matters etc. It gives a great exposure and wide range of work experience.

    Could you tell our readers about the pro bono and socio-legal work that you have done? Do you also have any academic interests?

    I have been a panel lawyer for the Supreme Court legal services committee and did a lot of matters during 1996-2013. Now, I appear pro-bono for accused in the criminal matters concerning murder appeals, etc. I have been appointed as an amicus curiae by the Hon’ble Court in several matters-both civil and criminal. Other than that, I am a mediator in the Supreme Court. I attend cases in mediation for resolving disputes when they have been referred by court. These are all pro-bono.

    I like to read a lot. I used to be an honorary editor for the Supreme Court Reports (SCR) earlier. Now they have their own editors.

    You were recently designated Senior Advocate by the Supreme Court. Please tell us a bit about the appointment mechanism for our curious readers.

    I was designated as a Senior Advocate by the Full Court of the Supreme Court of India on the 23rd of April, 2015. As far as I know about the mechanism, we have to apply stating our experience and range of practice in sufficient copies to be circulated to the Hon’ble Judges. Then there is a mechanism by which applications, which have some minimum number of recommendations from the Hon’ble Judges, are taken to the Full Court meeting. Then there is a voting procedure by which it is determined.

    What all do you think led to your appointment as a Senior Advocate? Are there any specific benefits of being a senior? Is there a radical shift in the workload?

    I think hard work, sincerity, dedication, and consistency are some of the essential requirements. You also need a lot of blessings from the Almighty, your parents and elders. J There are no specific benefits of being a senior. In fact the responsibility is even more now. Of course, the nature of work is very different. Now, I neither need to do any drafting, nor write letters to clients! My nature of work is to prepare and argue cases, give opinions, settle pleadings etc. Sometimes briefs come in the last minute, so work pressure varies.

    There are very few women Senior Advocates in the Supreme Court. What are your views?

    Yes, there are very few women seniors in the Supreme Court. I feel that the general tendency has changed now. People have started recognising women lawyers and their good work. But there should be more designations and elevations from the women’s section. Women should also work harder and continue to work with sincerity and dedication. I am sure there is scope for everyone with hope, hard work, consistency and dedication.

    How can students wishing to intern under your valuable guidance get in touch with you? What qualities will you look for in an intern?

    I encourage interns and they can always write to me on my email if they need an internship. I look for interns with positivity, willingness to learn and work hard and with some basic knowledge of the subjects which have been taught in college so far. Honesty and sincerity are some of the essential attributes I look for in any intern/lawyer.

    The quintessential question: the NJAC or Collegium for appointment of judges?

    I will not be able to answer since I have been a part of the team on behalf of the Central Government in that matter and the judgment is awaited.

    What is your message for our readers, especially those who aspire to do counsel practice? What hurdles should they expect and what are your tips to tackle the same?

    My message to the readers is: Learn your lessons in college well. Read regularly. Read law related books and articles whenever you get time. Work hard and be sincere. Develop your communication skills and improve your vocabulary.

    Being argumentative does not mean that you will be a good lawyer. You have to be clear in your thoughts, talk only when needed in court, read latest case laws and developments in the law. Be good to all colleagues and be respectful. Dressing well does not mean dressing expensive. Make a good appearance, be healthy, and maintain discipline. There is no short cut to success. The legal profession is highly competitive. In case one is very serious and hard working there is a lot of scope.

    More than winning the cases one has to be honest and sincere to the client, and the court, work hard and suggest the best possible solution for the clients. People don’t come to us overnight. It takes many years, so be patient. Even if there is only one case, one has to take it seriously and do their best. There is a lot of work out there and if one wants to excel there is ample scope.

     

  • Vineet Shingal, Associate Partner, Khaitan&Co. on the role of a partner and in-depth law firm experience

    Vineet Shingal, Associate Partner, Khaitan&Co. on the role of a partner and in-depth law firm experience

    Vineet Shingal graduated in B.A. (Hons) Philosophy from St. Stephen’s College, Delhi University and later completed his law from LSE in 2006. He secured the LSE Undergraduate Scholarship on merit and, in addition to being a lawyer registered with the Bar Council of Maharashtra & Goa, is a non-practising Solicitor of the Law Society of England and Wales.

    He briefly worked with Nagashima Ohno & Tsunematsu, Japan on a secondment as a visiting attorney. Post the secondment, he was promoted to Senior Associate at Amarchand Mangaldas. Vineet later moved to Khaitan and Co., Bangalore and is currently an Associate Partner.

    In this interview he talks about:

    • Studying law post a degree in Arts
    • Securing the LSE Undergraduate Scholarship on merit
    • Becoming a non-practising Solicitor at the Law Society of England and Wales
    • His work experience with Nagashima Ohno & Tsunematsu, Japan
    • Responsibilities as a Senior Associate at Amarchand and Associate Partner at Khaitan.

     

    Could you tell us a little about your family and personal background? What were your ambitions as a child, what did you dream about your future?

    I have had the privilege of a diverse and a sound academic and non-academic background largely due to my upbringing in a family that put so much stress on all-round development of the personality. While my paternal grandfather was a lawyer, some of my other family members, including my father were bureaucrats. My mother is a qualified teacher but gave up teaching to look after me and my younger brother.

    From the very beginning, the atmosphere I was raised in had always been one where learning, participation and contribution were strongly emphasized. Academically, I did very well in school, and at different stages of my school and college life, I wanted to do a myriad of things without limiting my career choices. I grew up listening to and participating in discussions on legal and political issues from quite a young age and was naturally inclined so. As such, I decided to read law when I was in college.

     

    University of Delhi is considered as one of the best universities in India in terms of education, culture and overall atmosphere. Please tell us a bit about your time at Delhi University.

    I read Philosophy at St. Stephen’s College in Delhi and was privileged to be a part of such an elite academic institution. We were a small batch and had three professors who taught us right through college. Professors used unconventional teaching methodologies and at times a non-classroom environment for having discussions on esoteric topics, which certainly made for effective learning and added to the pleasant memories I have today.

    I also participated in a number of extra-curricular activities including dramatics. Besides reading Philosophy at college, I also pursued chartered accountancy and worked part time as an articled clerk during my college years, which gave me a good background of corporate, accountancy and tax laws.

     

    What made you choose law after finishing your Bachelor of Arts? Do you have lawyers in your family?

    Studying Philosophy gave me the opportunity to apply principles of logic in a wide range of contexts, including both ethics and metaphysics. The study of Philosophy also helped me assimilate and synthesize a large amount of written material in a relatively short period, which is a great asset in the legal field. I had also gained some knowledge of corporate and tax laws because of the chartered accountancy course that I pursued. My paternal grandfather was a lawyer and greatly influenced my life and as such I decided to take up law.

     

    You were awarded the LSE Undergraduate Scholarship on merit, please tell us more about how you got this? How can a student go about the admission procedure?

    In 2002, the LSE admission process required us to fill a UCAS form, with one recommendation from a college professor and a statement of purpose. While I was admitted to the law course by the LSE, it was dependent on my securing an overall first class in my Philosophy course, which I did.

    Once the admission process was over, I had to fill out a separate form for an undergraduate scholarship. The scholarships were awarded partly on merit and partly on need. Post an interview with the academic council, I was awarded a tuition fee waiver. I am not sure if the admission and scholarship process still remains the same.

     

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    What all would you recommend to a law student who has an opportunity to study at LSE?

    London is a financial and cultural center and LSE (The London School of Economics and Political Science), being located in the center of London, had access to professionals from leading law firms, accounting firms, and other financial intermediaries, who would often visit the institution to mentor, and also to participate in seminars and conferences.

    LSE is an interesting mix of nationalities from all over the world and you can learn about so many different cultures. My class had 180 students from 50 different nationalities. The Socratic method of teaching, an encouraging atmosphere, and interaction with so many people from across the world broadened my horizons and led to a holistic development of my personality.

    LSE is a world class teaching institution and I would definitely recommend people to take up the learning opportunity at LSE, if they get one.

     

    Do tell us the procedure involved in becoming a non-practising Solicitor at the Law Society of England and Wales.

    One of the ways of qualifying as a solicitor of England and Wales is to complete two years of work experience as a lawyer and write the Qualified Lawyers Transfer Test (QLTT). This two years’ experience could be completed in India as it follows the English common law legal system. I completed the two years’ of practical experience working in an Indian law firm and then passed the QLTT.

    If a solicitor is not practicing the law of England & Wales and has not obtained a practicing certificate, such a lawyer can apply for and continue to be on the rolls of the Law Society as a non-practicing solicitor, which I currently am. I understand that the test has recently undergone some changes including the work experience requirement.

     

    Can you tell us a little about your experience at the law firm, Nagashima Ohno & Tsunematsu, in Japan? What was it like to work there as a visiting attorney?

    The Japanese are the most welcoming and polite people. Their deep rooted traditions, respect for each other and an honest desire to learn sets them apart.

    I was at NO&T, Tokyo for an eight week secondment program. There were four non-Indian law students and another non-Indian lawyer from a law firm in the same program. It was a good mix of cultures where we exchanged knowledge of our respective legal systems and procedures with each other as well as our host lawyers. Our host lawyers also introduced us to their legal system and working styles as well as their culture and traditions. All in all, it was an amazing experience.

     

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    What diverted you towards the field of corporate law? Share with us any experience which helped you make your career choice.

    While I was at the LSE, I took up tax and corporate law as my specialist subjects. I also had the privilege of interacting with lawyers from diverse practice backgrounds (litigators, solicitors, in-house counsels) while in London and in India through my internships.

    I had the first-hand experience by interning at barrister’s chambers, law firms and with legal departments of companies. This gave me a broad idea about each practice area and the type of work each is involved in.

    In India, I interned at AMSS and really liked the energetic work atmosphere and working on cutting-edge legal issues and deals. I wanted to be a part of it and applied for a corporate job there.

     

    As a Senior Associate in Amarchand & Mangaldas & Suresh A. Shroff & Co., in Mumbai, what was the work experience that you gathered?

    I started with the securities markets team but made a shift to the M&A/ corporate team very early in my career. A lot of my time in my early years was spent in legal data rooms undertaking due diligences.

    I was fortunate to work with and be mentored by some of the best legal brains that the industry had to offer. There was an unending flow of transactions, ranging from corporate advisory work to very complex M&A transactions. With seniority comes more responsibility and one has to learn to manage time efficiently.

     

    Presently you are an Associate Partner at Khaitan & Co., what are the main areas of law that you deal with? What does a partner have to do at a big law firm like this? What is a typical workday like?

    I focus mainly on corporate advisory, M&A and private equity investments. While execution capabilities and good technical skills are a given, a partner has to really focus more on business development, client handling and financial management.

    Keeping the team motivated and ensuring that the juniors get a good mix of work and training is also important. Mentoring thus becomes a very important aspect of a partner’s role. A typical work day would include reviewing advice, structuring and negotiations on transactions and business development meetings

     

    What skills and qualities do you think have helped you achieve your current position and stature?

    I can largely attribute my achievements to certain moral codes that I hold on to in life. Foremost, the values of honesty, integrity and uprightness in professional life and every day conduct have helped me observe the distinction between right and wrong, and question and reason out why things are often not as they ought to be. I would add determination, hard work and perseverance as some of the other qualities that have helped me in pursuing my goals.

     

    What are the skills a law student should try to imbibe to successfully carve out a niche in the corporate world? Could you give our readers some tips on acing the professional realm?

    Pursuit of knowledge and to truly enjoy what one is doing. This is true for any profession. It is also very important to be sincere and hard-working as people are competing with some of the best legal brains that the law schools have to offer. Commercial awareness as well as good communication and social skills would definitely be an asset.

     

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    Many young lawyers at corporate firms complain about the work being too exhausting, and that maintaining a work-life balance is just not possible. Could you share any advice on this?

    There have been times when I worked three days in a row with just two hours of sleep but there have also been times when I have left office at a decent hour. It is definitely important to have a work-life balance.

    I have seen a lot of people getting burnt out very early in their career and quitting. The HR and the senior management do realize that it is important to retain good talent and not let people quit due to over work.

    Khaitan & Co has a wonderful atmosphere for a work-life balance and lawyers do get their annual holidays and the time-off. There are obviously times where people have to put in the long hours due to the dynamic nature of the work we do but with good training and effective time management, it can all be managed very smoothly. Being in office for 14-16 hours on a regular basis is really not the norm any more.

     

    While hiring, what skills do you look for in a prospective employee? What qualities should a law graduate possess to be successful?

    A candidate should demonstrate willingness to learn, adapt and an ability to think out of the box. While CGPA is a determining factor, we also look at the overall personality and problem solving approach within a candidate besides the various extra-curricular activities that the student has participated in.

    It is important to have developed a holistic personality. It is also essential to have a strong grasp of basic subjects like contracts and company law besides keeping abreast of the legal developments taking place.

  • Deepa Kuruvilla, Founding Partner, Qwinlaw Legal, on experience with the JAG, the Indian Army, litigation at Bombay HC and work in Securities

    Deepa Kuruvilla, Founding Partner, Qwinlaw Legal, on experience with the JAG, the Indian Army, litigation at Bombay HC and work in Securities

    Deepa grew up in a traditional Kerala Christian family, studied at the Ernakulam Law College, under Mahatma Gandhi University, graduated in 1993 and started practicing at the Kerala Trial Court. She later appeared for JAG and worked with the Indian army for five years. She was also a part of the gender discrimination case filed by the Army nurses. After her experience with the Army, she pursued her independent practice at the Mumbai High Court and has been a panellist for SEBI before Securities Appellate Tribunal. Off late she has started her own law firm with the name Qwinlaw Legal.

    In this interview she talks about:

    • Pursuing her dreams and be where her calling is.
    • Taking up JAG and the application procedure.
    • Setting up her own independent practice and being a panellist with SEBI.
    • Establishing her own law firm – Qwinlaw Legal.

     

    Please tell us a bit about yourself.

    I am a consummate Legal professional with a high say do attitude who likes to meet new people and possibly try to translate the meeting into business opportunity. I am interested in willing to learn and sync present to the future. I see myself as a smart working Lawyer than a hard working Lawyer whose goal is to find opportunities in helping people who avoid litigation than fighting lengthy litigation for them.

    One can see in me a perfect blend of a daughter, sister, mother, a wife, a village girl, a legal professional, a tough army officer, a budding entrepreneur in legal industry. I enjoyed each role in its sanctity and have always done things away from my own comfort Zone!

     

    How has your pre-college life been like? What were your ambitions before joining college?

    I was born in a very traditional Kerala Christian family and lived and grown up in a small village called Mannoor 30 Km Away from Kochi Airport, in the plains of the pictorial perfect Kerala in a house closer to extensive paddy fields, Butterflies and flowers were my friends! Dancing around the coconut trees and painting were my hobbies! Putting legs in to the flowing streams near the paddy field and watching fishes playing with my leg and enjoying the sweetness of the westerly wind blowing from the paddy field were the most interesting thing to pass time.

    That was a world without Television sets, TV came to neighbouring house after PT USHA participated in Olympics. Most loving friends were paternal grant parents on weekdays and maternal grandparents on holidays.

    Dr. V Paulose (Mom’s Dad) was the only doctor in that Village. So, people adored the super powerful man. Dad’s dad was a hard-core farmer who had lots of bullocks and cows and hens and big courtyards in both the houses to play around, both grandmothers were beautiful and graceful, but ministers of the house, my dad, mom and I always adored, they had a good relations with all their siblings and cousins so we enjoyed the company of lots of relatives and cousins always. This was my childhood.

     

    Was pursuing law always your professional calling?

    Smart Advocates arguing in the court, were very attractive when seen in movies. Legal topics discussion always attracted me. My dad was Dy. Director in the Revenue Department (Survey & Land Record’s) of Kerala, legal topics were subject matter of discussions at home. I knew that my inclination is more towards Economics and Law than any other subjects.

    When I saw myself as a professional, I always found me as a smart lawyer, helping people to avoid litigation, advising Companies, than entering into lengthy litigation.

     

    How was your law school experience at Mahatma Gandhi University?

    Law College, Ernakulam, under Mahatma Gandhi University, where I studied was a very famous college due to the senior lots who became Central and State level Ministers and High Court Judges. It had ahuge Library, where I spent most of my time there reading Case laws and interpretations of 1800’s.

     

    Please tell us about your experience with regard to your first few sessions in Kerala High Court. Has it become more difficult for a fresher to achieve success?

    I worked under Adv. PM Thomas, and was entrusted mostly trial court matters in smaller courts. I used to read and prepare matters before the case presentations or trial, and if I had doubts, I used to clarify the same with my seniors in the office. I enjoyed my work,

    If a fresher observes the successful seniors attending court and the methodology they adopt very closely and learn their presentation skills, and if he or she spends time studying the court matter they handle, I think it is not difficult for him/her to achieve success. The key element is home work and the ability to control the shivers passes through the spine seeing senior Advocates in the court room standing against you. Your knowledge in the subject matter and equanimity helps you to become a David in front of Goliaths, that’s my experience.

     

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    What motivated you to apply for JAG?

    Udan, TV serial which came in Door Darshan in Junior College days attracted me very much, seeing a village girl becoming Police officer and entering man’s world! I placed myself in that character and wanted to be in that spectrum in real,

    When I was in 4th year law, the first entry into Indian Army by women happened,a pet project envisioned by Yesteryears Prime Minister Late Indira Gandhi, I was so thrilled hearing about that, Employment Exchange Newspapers were the only source those days to get to know about such opportunities, I kept a watch and applied, with full desire & prayers but no iota of hope, as being competing with the smarter girls from whole of India, with my minimal village back ground. But God’s Grace I got selected.

     

    What is the application procedure for JAG?

    Whenever there is opening, Indian Army publishes the requirement on their website, and the methods of entry is described, one has to follow the application procedures,

    The process which was in my case was as follows:

    • The first level of selection was at SSB- (Services Selection Board)in May 1995, a written test for aptitude on the first day screening, if passed stay for another 4 days of test. (Who failed will leave )
    • 4 days continuous testing –different psychological and physical test at various levels
    • one who passes the test, will stay for the medical test, rest will leave,
    • Once pass medical test , will be called for training
    • Training at Officers training Academy, Madras for Combat training , which lasted for 6 months , Passed out from OTA Madras ( March 1996)
    • Appointment at JAG’s Branch , Head Quarters ,Northern Command as first lady officer in that office and undergone court martial training under supervision of senior officers for six months
    • Young Officers specialisation course for Military Law at Institute of Military law near Nagpur, for 4 months ,
    • Re-joined JAG”S NCHQ again, This qualified to be a JAG officer to exercise duties of an Independent JAG Officer

     

    What role does the JAG officer play in the Indian Army? Does the work ever get monotonous?

    JAG officer does Court Martial of wrong doers who are subject to Military Laws. Each case was unique and the Military law is stricter than the civil law, due to the nature of the exigencies of the service; it can never be monotonous.

    Moreover, the tenure in the Army is very challenging and enjoyed the attention I got. There was a charisma of being one among the first lot of lady officers of Indian Army, which made the heads turn to see the lady officer in Uniform! This attracted media attentions many times, manyof whom I met were seeing a lady officer for the first time! The attentions led to a style and attitude of myown, helped me to maintain perfect equanimity and a humble personality, though the toughness and charm of Army Officer was well ingrained.

     

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    What were the responsibilities you were entrusted withwhile working as a Deputy Assistant Judge Advocate General –DAJAG (Rank- Captain), officer In Charge Army Legal Cell in Mumbai?

    Army Area Legal Cells of Indian Army defend legal cases filed against Indian Army in that particular Army Area. I took charge of Legal Cell, Mumbai, when it is set up in 1997 as first officer, and the job was to set it up to a full-fledged legal office and defending the ongoing cases against Indian army M&G Area.I was working closely with Ministry of Law,, Assistant Solicitor General of India and Central Govt. Panel Counsels in defending such cases , this included the appearance on behalf of Indian Army before Commission under Justice B.N. Sri Krishna investigating into Mumbai Riots 1993 which attracted lot of media attention.

     

    Why did you decide to litigate at the Mumbai High Court after working in the Indian Army for about five years? What were the other opportunities you were considering?

    I took release from the Indian Army after 5 years of mandatory services with Indian Army and started practising in various Courts in Mumbai along with my husband who was a practising lawyer and already had a set- up his office in Mumbai, I was focused, didn’t consider any other opportunity.

    Among many cases I appeared in the Mumbai High Court in the Army nurses uniform case filed for the rights of Army nurses made to wear the same uniform as male army officers, a case against gender discrimination. This attracted lot of media attention.

    I later got empanelled as SEBI panel Lawyer and appeared cases on behalf of SEBI in Securities Appellate Tribunal (2003-2005).

     

    What was the role of mentors in your case? How important do you think a mentor is in the field of litigation?

    Mentor is required for life, not just about litigation alone! I was lucky that God sendtough task masters as mentors in my life.

    First and the most long standing mentor in my life is my Dad! And my Mom his perfect Assistant who supported me all throughout my crazy adventures and wishes and gave me the self-confidence. I am still amazed how they trusted me in all my moves when everything I wanted was unconventional in the small village I belonged to. A girl becoming a practising lawyer- not so great; joined Army – the wildest crazy thing, one can think about a girl who is at the age right for an arranged marriage in my place.

    One example of my dad’s support: when I couldn’t take the rigorous Army Combat Training in OTA, I called my dad asking him to take me out from the OTA by paying penalty to the government for leaving the training incomplete (those days it was per day Rs. 4000/- accrued to number of days spend in the academy), some girls were already left by this method so I had hope, I lured him saying it will be high cost later on, easy to take me out now as it is less cost, he said I will take you out from the academy, if you are the last person to go out from the academy by paying lakhs, you don’t worry about thousands! He said , It was your well thought decision and you should know how to stand by your decision, you will only have choice to be successful, I will not accept failures in my house! He reminded me this while fixing stars on my shoulders on the day of passing out parade.

    My Career begin with my senior Advocate Mr. PM Thomas, as my mentor: – he gave me opportunity to argue important cases in the first year of practise itself even when the opposing counsels were very senior in the legal profession; when the pressure used to build up, and if I complain, he used to smile and ask, “so what”! ; it kept me going and many time successful! This gave a lot of Confidence!

    My Mentor to start practise in Mumbai Courts was my husband , under whom I practised law , a hard task master ,and a very intelligent lawyer, his clients vouch for it , he never used to spare me in the office , eventually I used to take revenge at home , still I was never spared !. He taught me practical wisdom and sensitivities regarding the business of practising law in a big city

    These 3 mentors of life made me my own mentor for the rest of the life.

     

    What are the requisite soft skills which are essential for a young lawyer to build a successful career?

    The Quest for Learning!, Humility, the ability to understand the ‘advice’ and ‘delivery’ the client require from you,A perfect Equanimity! Even while dealing with pressure while tough arguments, Success will be a bi-product even in adverse situation!

     

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    How did you develop interest in these areas of law? Please tell us about your core areas of practice.

    (During Deepa’s five years of independent practice, she has handled matters on Domestic and International Securities Law, Military law and also dealt with matters on Banking and Finance Law and Arbitration.)

    This is an evolution happened based on the matters handled during independent practise with my husband; Interest developed because of the intention to deliver the best result; Analysed the subject matter and spend time in learning the specific subjects and put in the best of the effort , so the end results came successful. My interest in investing in Stock Market and the help of brother practising in Securities law was a great boost.

    The core Area what I am interested among other faculty of Law right now is Capital Market Laws.

     

    What should a law graduate do in his first year of graduation to establish a career in Securities and Capital Markets Law?

    This area is highly corporatized by big law firms, it is better to join one of such law firms and develop skills and learn Capital Market Laws ; However one need to understand the dynamics of the functions of the Capital Markets and its intermediaries to understand the complexities of Capital Market laws . These laws are very dynamic in amendments and the regulators are amending the laws to support the functionality of the capital Market in its practical applications and to keep it in a perfect balance with the Macro economic objectives, so it’s important to understand the users of this law than Law on a standalone basis.

     

    What is the reason behind pursuing certificate courses? Was it a professional requirement to enhance more in your career?

    (Deepa has taken courses on Stock Market, Mergers & Acquisitions, Technical Analysis Bombay Stock Exchange Training Institute and also pursued Certification in Investment Compliance from Securities & Investment Institutes, London, United Kingdom)

    I was a visiting Faculty to ITM- Institute of Financial Markets, Navi Mumbai to teach MBA students Securities law in the year 2007. In that process I not only taught students Securities law, but also simplified Securities law to myself, teaching forced me to read those subjects I generally do not dealt with for the purpose of Career. As I said earlier, thesecourses I attended were some of my learning efforts of the subjects I dealt with and it is continuing. Latest is that I am a student of Diploma in Entrepreneurship Administration and Business Laws by NUJS & iPleaders.

     

    What kind of responsibilities were you entrusted with at the organizations you worked? How different was the work environment of these two companies? How would you describe your experience in brief?

    (Deepa has worked with two organizations – B& K Securities India Pvt. Ltd. as a Legal Manager and Monterosa TSS as their Vice President of Legal & Compliance in Mumbai before moving to Qwinlaw Legal & Compliances.)

    Working with B& K Securities was the first experience for working in a Corporate office, the prime responsibility was to set up their UK Office with regulatory approvals from FSA, London Successfully set it up and made it up and running and supported the compliance functions; The other functions was to oversee the compliances of their international offices in Singapore and US.

    The role in MTSS was for Legal Due Diligence support for their clients investing into Indian Market via Venture Capital, Private Equity and FDI.

    Both experiences were enriching and helped me in continuous learning as there is lot of complex regulatory compliances to follow and lot of business negotiations to do; which also require hands on legal support.

     

    What does your current work profile at Qwinlaw consists of? How is a typical workday like?

    Qwinlaw is my own Law Firm. This firm specialised in Legal & Compliances function to Support the clients who invest into Indian Companies and help them to comply with India laws and ongoing regulatory filings; Support clients to assess and manage the legal risk andgive solutions to structure the business to litigation free as much as possible; there is no typical work day for own business, Delivery at the earliest is the Goal.

     

    How has your journey been from a fresher to being an expert concentrating on FDIs in to India and Securities and Capital Market laws?

    There was no straight line path, I have managed diversified levels in the legalCareer.However I always had an ability to find where the business is, which suited me and also trendy in the Market;I have always put an effort to learn the core subjects which translated into a level of knowledge which can make me confident for what I deal with;

     

    When you hire lawyers, what kind of skills and profile do you look for? Are the attributes different for working lawyers and fresh graduates?

    If I feel the candidate demonstrate an ability to perform and have an attitude to improve constantly, who can complement and support me in my work, he or she will be the right candidate.

     

    Do you offer internships at Qwinlaw Legal?

    So far not! It’s a start-up, long way to go.

     

    What would be your advice to young law students? Whether they should join a firm or practice at bar? How should they approach the legal career?

    Law student should identify themselves, where do they fit in to excel personally, that should be the choice! Both Firm and Bar have their own charm!

    Career in Law is a process of continuous learning, one should be ready for hard work and learn the practical applications than focusing only on the theoretical knowledge. This will help to build up the client trust in you and you will be able to advice/ deliver results correctly.

     

  • Sajan Poovayya, Senior Advocate, Supreme Court and Karnataka HC, on Poovayya&Co., managing a firm, higher studies, and litigation

    Sajan Poovayya, Senior Advocate, Supreme Court and Karnataka HC, on Poovayya&Co., managing a firm, higher studies, and litigation

    Sajan Poovayya is a graduate of the 1996 batch of NLSIU, Bangalore. Thereafter, he went on to finish his LL.M. from LSE by 2000. Sajan took the plunge and started up with a law firm Poovayya & Co. right after graduation from NLSIU. After 18 years of looking after the growth and developing the firm Sajan quit his role of Managing Partner in 2012 after being appointed as a Senior Advocate. A former Additional Advocate General for Karnataka he has also served as the Chairman of Karnataka State Council, and the Federation of Indian Chambers of Commerce and Industry (FICCI).

    In this interview, he talks to us about:

    • Experience as a student at NLSIU
    • Foreign masters, internships and meetings
    • Setting up a firm after college and taking charge of its expansion and development
    • Experience as the Additional Advocate General for Karnataka and Senior Advocate in the Supreme Court
    • Advice to those wanting to set up their own litigation practice

     

    What influenced you to choose law as your profession?

    Although my father is a lawyer and his court room advocacy inspired me early in life, I aspired to become a neurosurgeon, as medicine fascinated and continues to fascinate me. During my 12th standard (second year Pre-University Course as it was then known in Karnataka), I had devoted considerable time for preparation to sit the medical entrance exam. It was in the latter half of my 12th standard that I was brain washed by my father, not so much to consider law as a profession, but to consider the National Law School at Bangalore as an institution to study at.

    My father was inspired by the wonderful work done by Dr. N.R. Madhava Menon, the founder director of National Law School and he used every bit of that to convince me to sit the National Law School of India University (NLSIU) entrance exam. My elder brother was already a student at NLSIU, having entered the institution inthe school’s first batch of students. At that time, NLSIU had no campus or infrastructure facilities whatsoever and operated literally out of a few sheds in the City’s Central College campus. Despite these odds, Dr.Menon had pulled a rabbit out of the hat by building an institution which, by the end of the 1980s, had gained considerable popularity.

    During my occasional visits to the Law School to meet my brother, I had seen Dr. Menon in action. His approach was to deal with every situation hands on and decisively. I was tremendously influenced simply by watching Dr. Menon in action. Clearly, my father’s brain washing skills and Dr. Menon’s personal aura influenced me to choose NLSIU over any medical school. I sat the exam and secured admission. Once in, confusion in my mind remained for some time, but it took me little less than sixty days during the first trimester to realize that law is the profession for me. Love for the law, although not instant, was strongand I must say has remained stable.

     

    Please tell us a bit about your father’s practice and your initial exposure to law.

    My father has had and continues to have an extremely positive influence on me. He continues to be a very active trial lawyer at Coorg despite completing 55 years at the Bar. He is a very soft spoken person but is voracious and vigorous in court. I would, as a high school student in Coorg, accompany my father to the District Court during school vacations. Many a time, I accompanied him in what he did; as his driver, clerk, stenographer, and at times, simply as his chaperon. His court room advocacy certainly inspired me and many others.

    Although a high school student, I would be tasked with transcribing plaints, completing paraphernalia in dockets to make them ready for filing, etc., which exposed me to the practice of law in the mofussil courts. Law was not abstract to me anymore. I realized that I liked what I saw. My early interest in the law was certainly instilled and inspired by my father’s practice, though I continued to aspire to be a doctor until I saw Dr. Menon in action, building NLSIU.

     

    How was life as a law student at NLSIU? What was the University’s role in shaping you into the individual you are today?

    For me, life as a student at NLSIU was fantastic in every sense of the term. I owe every bit of what I am today to the Law School. When I entered NLSIU it may not have had infrastructure but it certainly had attitude. It had built a culture of academic excellence, healthy but not intense competition, and above all, a holistic approach to the study of law. It is the inter-disciplinary approach to legal education that enamoured me the most. NLSIU did not just induct me into legal studies but also shaped my character and changed my personality completely. I had the benefit of having a wonderful group of teachers at NLSIU and each one greatly influenced and motivated me. I continue to thank them at the end of each day for what they have done to me.

    My peers at NLSIU influenced me even more. They completely changed my personality from being an introvert to becoming not only an extrovert but a fighter too. I found everything that I needed at NLSIU; academic excellence, personality development, strong sense of right and wrong, and above all, true love. I have spent the last 24 years with Sanjanthi, my best friend and wife, who I would possibly have never met but for NLSIU.

     

    Many believe graduates from an NLU have it easier in kick-starting a legal career. How truthful is this belief? Does it make any difference to one’s litigation practice?

    It is a myth that a graduate from a National Law University will find it easier to kick start a legal career. Another astounding myth is that graduates from NLUs are always better than graduates from other law colleges. Extraordinary jewels of the legal profession have emanated and continue to emanate from local law colleges. At the same time, not all graduates from NLUs make a mark in the profession.

    I firmly believe that while institutions can equip you for your journey and provide you with good shoes, what you achieve is not dependent upon the shoes you wear but the steps you take. Being a graduate from an NLU certainly helps inasmuch as NLUs do instil an analytical approach to the study of law and a greater degree of capacity to undertake legal research. To that extent, I believe, it will make some difference in one’s litigation practice, but only that far and no further. If one has to excel as a litigator, one should continue to be determined, to provide his or her best to each brief that comes his or her way. Each brief is akin to a step for you to achieve a higher threshold in the legal profession. It is for you to take those steps, firmly and evenly, lest you trip.

     

    How important do you feel are moot court competitionsfor a law student who wishes to pursue litigation?

    Whilst academic and research oriented activities are very helpful in instilling in a student the capacity to work hard and dig deep to find the essence of every legal matter,moot court competitions sharpen the analytical ability and skill sets of a student. Students should participate in moot court competitionsasmuch as possible. As a student, I have enjoyed every moot court competition that I have participated in and I have emerged a better law analyser therefrom.

    Whilst moot courts necessarily do not expose you to the practicality of real life court room situations, they do provide you with some flavour as to how litigations are contested or defended. To be a successful lawyer, consistency and hard work are necessary ingredients. Hard work does not commence post enrolment at the Bar, but from the very moment you seek admission in a law school.

     

    What kind of internships did you undertake as a law student? Which was the most enriching internship experience for you?

    I was clearly inclined towards a career as a litigator. I therefore chose to do every internship of mine with litigators. From my second year at NLSIU, I regularly attended the chambers of my senior and guru in the profession, Mr. S. Vijay Shankar, Senior Advocate and Former Advocate General for Karnataka. I clerked in his chambers on a daily basis, post school hours, through my years at NLSIU. It enormously exposed me to the practice of law in the High Court of Karnataka. The four years of clerking for Mr. Vijay Shankar had sufficiently equipped me to deal with many nuances of drafting, filing and registry processes in the High Court. Mr. Vijay Shankar is one of the most methodical and disciplined lawyers I have known. His methodical approach indeed equipped me with sufficient skill sets. It was clearly one of the most enriching experiences for me.

    That apart, I interned with litigators in the Supreme Court during my summers through law school. One of the most enriching internships in Delhi was with Mr. V.R. Reddy, Senior Advocate and at that time the Additional Solicitor General of India. His capacity to portray some of the most complex legal propositions in the most simplest of terms amazed and inspired me.

     

    What challenges did you have to overcome in setting up a firm soon after graduating from law school?

    (Soon after graduating from NLSIU, Sajan established the firm Poovayya & Co. in Bangalore)

    I graduated as a gold medallist from NLSIU and late Dr. A.P.J. Abdul Kalam handed over the degree tome in the convocation. I was on cloud nine. I had to go through a year’s compulsory post qualification internship before enrolling at the Bar as per the prevailing rules(which fortunately have been changed today). No sooner did I complete my post qualification internship, Poovayya & Co. was established with enormous support from my senior Mr. Vijay Shankar and my father Mr. M. K. Poovayya. It was unusual for lawyers to set up independent chambers or law firms immediately after enrolment at the Bar. When I expressed my desire to do so, my Senior and my father did not once discourage me, they in fact supported me in this venture. I plunged into the profession for I knew in the back of my mind that my father would continue to be a safety net, not so much in terms of finances but in terms of guidance.

    The initial years for Poovayya & Co. were extremely hard but never depressing. It was hard to gain the confidence of clients and the Bench. Hard work continues even today and enormous travel across courts in the country makes it harder. But therecontinue to be happy days and never have I gone home sad at the end of the day.

    I am glad Poovayya & Co. began its journey from Bengaluru and not any other city. Bengaluru, as a city in the mid-1990s, was going through a metamorphosis with corporatization being the buzz word that helped the firm garner quite a lot of work quickly.

    The Karnataka High Court is possibly the best High Court in the nation for a young lawyer to commence a career in litigation. Through my initial years, judges were extremely encouraging. It is for a young lawyer to make the best of such encouragement and aim forhigher thresholds of excellence in the profession. It is a myth that it is hellish for a litigator during the initial years.Hard work is a requirement, no doubt, with lesser amounts of monies compared to corporate non contentious lawyers, but the sense of achievement is extremely gratifying.

     

    Do you still get reminded of your first case and first hearing?

    I do recall my first argument in Court. I enrolled at the State Bar Council at 11.30 am and was out for lunch with Mr. Basavaraj, my immediate senior at the chambers of Mr. Vijay Shankar. Duringlunch, he encouraged me to argue a matter in the Chief Justice’s Court post lunch at 2.30 pm. I knew the matter well on account of my continuous clerkship at the chambers of my Senior.

    Mr. Basavaraj sat beside me in Court as a fulcrum of encouragement. The matter involved a question of incorporation by reference in a legislation. I argued for about forty five minutes, my first ever as a lawyer. I lost the case but received compliments fromthe Bench headed by Mr. R.P. Sethi. A few members of the Bar enquired with Mr. Basavaraj, if I was a Counsel from another High Court, specifically briefed to argue the matter. Failure in the first case was not only sugar coated for me but also became a stepping stone to get here and go on further.

     

    Is it important to have prior connections within the legal field to successfully manage this?

    Prior connections in the legal field are unnecessary and many a time, can be detrimental as well. Prior exposure to the legal field is very necessary and this can be achieved with the help ofinternships and/or clerkships. Prior exposure certainly better equips you to deal with the vagaries of the profession whilst prior connections may not necessarily do so.

     

    What made you choose London School of Economics and Political Science (LSE) for your masters in Information Technology Law? How has your Masters from the prestigious LSE affected your career in the long run?

    I would always recommend a stint at reputed universities abroad, not so much for the quantum of law that you will learn but for the enormous exposure such stint affords you. I have been a fan of LSE since the time I read the works of Bernard Shaw and also for the fact that Dr.Ambedkar, at one point of time, was associated with the institution. I obtained a Master’s degree and thoroughly enjoyed my time at LSE. The fact that I received a fat scholarship which took care of not just academic fees but also expenses for a comfortable living in London was an added incentive. I pursued the solicitor’s programme in parallel and was admitted to Law Society of LES as a solicitor of the Supreme Court of England and Wales.

     

    I realized that the thresholds of academic excellence at NLSIU were as high, if not higher than LSE. Therefore, more than the academic exposure, what I gained most during my stint at London was exposure to how barristers work in the city. I was associated with a few barristers and I would regularly attend hearings (as a visitor) at the Royal Courts of London. Those experiences further reinforced my decision to remain and continue as a litigator.

     

    After having completed your masters in a foreign university, what made you come back to India, instead of setting up a career in the UK?

    India offers one of the most vibrant platforms in the world for a litigator. The quantum and diversity of litigation in India far exceeds anything that UK can offer. I had no doubts ever in my mind that I wanted to litigate and that too in my home country. While I did receive job offers from a few London law firms, they made no sense to me in light of what I always wanted to be, i.e., a litigator. Coming back to India to litigate was therefore a natural choice for me and I am very glad I did.

     

    How was your experience working as the State Government’s lawyer?Would you consider taking up such work in the future?

    (Sajan was the Additional Advocate General for Karnataka from November 2012 to May 2013)

    I officiated as an Additional Advocate General for Karnataka for about a year and was the sole Additional Advocate General for the State of Karnataka for good part of the tenure. I thoroughly enjoyed my tenure. What made it even more special for me was that my chamber senior Mr. Vijay Shankar was the Advocate General, officiating for the second term. Sixteen years prior thereto, in 1996, he had commenced his first term as the Advocate General for Karnataka during which time I was his chamber junior and had closely worked under him in many matters of importance. The opportunity to work with him again and that too as his Additional Advocate General was indeed a wonderful experience.

    I firmly believe that all litigators should, at some point of time in their careers, work for the State or the Union. The dimensions of work that you experience as a senior law officer for the State or Union far transcends the exposure that private practice can offer. Representing the State or Union as a senior law officer in the midst of multiple bureaucratic constraints makes you not just a better lawyer but a more mature human being. For a successful private practitioner, occupying such position also affords the opportunity to contribute to the profession and give a little back to the society. An efficient lawyer as a law officer can make an enormous difference to the State and consequently to the society. I will certainly consider taking up such positions as and when, and if at all, they are offered to me.

     

    What would be your advice to recent law graduates when they are faced with the choice between joining law chambers of a Senior Advocate, or working with an up-and-coming new lawyer?

    It does not matter whether you join the chambers of aSenior Advocate or work with an up-and-coming new lawyer. As a young lawyer, fresh off mint, one should join a chamber which has a wide variety of work. It is extremely important for a litigator to experience a wide area of contentious practice, rather than restrict oneself to a particular specialized vertical. The greater the exposure to a variety of legal work, better will you emerge as a lateral thinker. The key aspects that a lawyer should look for in a chamber are therefore: (i) variety of work; and (ii) opportunity to handle litigations completely, however minor they may be.

     

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    Should one start out at the Trial Courts before proceeding to the High Court if one has no connections in the legal arena? Or would you recommend joining a litigation firm instead?

    Practice as a trial lawyer is crucial and sets the foundations for a successful practice. One cannot aspire to become a successful appellate counsel sans any trial experience, although there may be exceptions. I find many lawyers starting out directly at High Courts which do not have original jurisdiction or even in the Supreme Court. Whilst that may work for a few, it is not the most desirable path to tread. It is not necessary for a few years to be exclusively devoted to trial work. It has been my experience that a good blend of trial and appellate practice simultaneously helps in the overall development of a litigator.

    For youngsters who are determined to climb the vertical of litigation practice, I would highly recommend joining a reputed litigation firm which has considerable trial and appellate work.

     

    How would you encourage students to keep their determination to enter litigation alive instead of joining corporate firms, owing to the lack of financial stability in the former?

    Gone are the days when it was tough surviving the first few years in the litigation arena. Young litigators no more receive merely subsistence allowances. Almost all law chambers offer a fairly adequate remuneration for a young junior counsel. When I entered the profession, a thousand rupees per month for a junior was considered a princely sum, as most chambers typically offered less than half of that.

    Juxtapose to the present day, where junior litigators are paid sufficiently to maintain a decent lifestyle if not a luxurious one. Certainly, litigation initially offers far less, in terms of financial rewards, as compared to corporate law firms. However, the sense of achievement and satisfaction is unparalleled. What you need therefore is the determination to survive as a litigator. The growth curve in litigation is so steep that in a few years, a diligent litigator will not just surpass his peers in corporate law firms but also achieve far greater thresholds of professional success (and financial success too).

     

    How do you prepare for a good case? What would be your tips and advice to young lawyers?

    There are no good or bad cases. There are only good or bad lawyers. When one begins preparations for a brief, one should never pre-judge the matter. The case is what it is and it is for you to extract the best out of it and weave sound legal arguments around it. My candid advice for young lawyers is to prepare every brief as if there is no tomorrow. ‘Complete Preparation’ is the mantra. It is certainly not sufficient for you to prepare your arguments on what you believe are the merits of your case. The mantra for success is in being prepared with as many arguments against your proposition and in finding counters to each of those, such that you will ultimately emerge victorious. Young lawyers should also bear in mind that many a time, litigations are lost on procedural issues despite substantial merits in the matter. Never ignore procedure. I have found thirty minutes’ preparation for every minute of submission in Court to be a fairly helpful yardstick. In complex matters, however, the yardstick can extend to an hour’s preparation for every minute’s submission.

     

    Do you have plans for the future expansion of Poovayya & Co.? Are business development skills necessary when it comes to running a firm nation-wide?

    Pursuant to my designation as Senior Advocate, I quit the law firm Poovayya & Co. Whilst there exists debate around the question as to whether a Senior Advocate can or should continue as partner in a law firm, I have always maintained that once designated, Senior Advocates should not hold direct interests in or control law firms. It is extremely difficult for a Senior Advocate to disconnect himself from clients and client aspirations, if he continues to hold equity or proprietary interests in a law firm.

    When I quit Poovayya & Co. and demitted offices as the firm’s managing partner, I was reasonably certain that the firm has matured to a level that it would continue to grow without me. The firm’s existing partners have done a splendid job in continuing its growth in each of its four offices. Poovayya & Co. as a firm has continued to prosper with significant year-on-year growth, independent of me. Whether to expand the firm further with newer offices in other cities is for the firm’s existing partners to decide.

    On the question of business development skills, I have a slightly non-traditional view. Having run a law firm for almost 18 years, I believe that it is your work which should be your brand ambassador and the best marketing partner you can ever have. Almost the entirework being undertaken by Poovayya & Co. has come from the previous and existing clients’ references. I therefore believe that capacity to market is irrelevant for building a successful law practice.

     

    What do you look for when you hire lawyers under you? Can academic experience replace work experience and the ability to deliver?

    What I would see in a young lawyer during the recruitment process is the following: (i) capacity and inclination to work hard; and (ii) rational & analytical thought process.

    Academic excellence, at times, demonstrates the candidate’s capacity to work hard. It is impossible to compare or choose between academic excellence and work experience. One does not substitute the other. What you need is a combination of both.

     

    Do you find it easy to maintain a work-life balance? How do you unwind after a hard day’s work?

    The concept of work-life balance has been hyped in India and sometimes discussions around it are unnecessary. The debate on ‘work-life balance’ pre-supposes that you do not enjoy your work and therefore do not see ‘life’ in it. For a lawyer who enjoys his work, a lot of his life is woven around his work. If you enjoy what you do as a lawyer, you may be tired at the end of the day but are never stressed. My work keeps me packed for a good part of the day and the night. Travels between the Supreme Court and various High Courts makes it a little worse in terms of time management. That said, I do find sufficient time to spend with my family and I cherish every moment of what I get with them. The best form of relaxation is to spend time with your family and loved ones.

    I also collect and restore old automobiles and that passion helps me unwind. Strumming Carnatic classical tunes on the mandolin is another way for me to unwind.  Music is a great way to de-stress. Lawyers should plan their work in such a manner that they have sufficient time to do things other than law and spend time with their loved ones.

     

    What is the one advice you would like to give our readers?

    Never underestimate the power of ‘here’ and ‘now’. When at work, give all of what you have to it, in terms of sincerity, labour, time and attention. Always have an eye for detail. When you are at work, switch on ‘work’ and switch off the ‘world’.  When you are not working switch off ‘law’ and switch on the ‘world’. Doing things other than law will invariably make you a better lawyer!

    To be a superlative litigator, you should be a maverick with a strong moral fibre.

  • Sayali Phatak, Senior Vice President-Legal, Airtel, on work experience in Telecommunication Laws and the role of an In-House counsel

    Sayali Phatak, Senior Vice President-Legal, Airtel, on work experience in Telecommunication Laws and the role of an In-House counsel

    Sayali Phatak graduated in Political Science in 1988 from Lady Shriram College and thereafter qualified in law in 1991 from Delhi University. She joined JB Dadachanji & Co. soon after graduation and worked there for the next two years.

    In 1999, she joined the litigation team at Amarchand Mangaldas & Suresh A. Shroff & Co. (AMSAS as it was then called). Thereafter, she joined as a legal counsel at Airtel. Having joined and quit Accenture in between, Sayali is currently Senior Vice President-Legal at the Corporate office of the Bharti Group.

    In this interview, she talks about:

    • Her work experience at JB Dadachanji and AMSS,
    • Her work experience as a Senior Vice-President-Legal at the Bharti Corporate office,
    • The work profile and practice of an in-house lawyer.

     

    How would you introduce yourself in one line to our readers?

    I am a Senior Vice President-Legal at the Bharti Corporate office with experience as an in-house counsel of over 17 years. My main areas of practice include corporate litigation, transactions, and corporate advisory matters.

    I come from a family of lawyers and Law was a natural progression after my Political Science Honours from Lady Shriram College.

     

    Tell us about your time as a law student and your internship experiences in Delhi University.

    DU was fun and friends. There were many subjects over the period of three years. Contract law was of particular interest to me.

    We did not have any concept of compulsory internships and so I did not intern.

     

    Right after graduation, you joined JB Dadachanji and Co. Which practice areas did you deal with, in the years that you worked there?

    I worked at JBD for about two years from 1992 to 1994. I was in the litigation team, so most of my work included drafting, researching case law and briefing senior advocates.

     

    What was the experience in the firm like? What made you shift to Amarchand & Mangaldas & Suresh A Shroff & Co. in 1999?

    JBD was a great place and I am still in touch with my friends from then. They had a lot of good matters and we got very good exposure in drafting and briefing. While I was with JBD, I received an offer to join AMSAS as it was then. I joined AMSAS in 1999 after taking a break as my daughter was born in 1994. I initially worked part time there but later joined full-time.

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    What was your work experience like in Amarchand?

    At AMSAS, I was in the litigation team again. I got an opportunity to work in various fora, ranging from the Supreme Court, High Court, MRTP, DRT the consumer forum and the BIFR. It was a great learning ground and we worked with different clients and got an opportunity to learn drafting, preparing opinions, researching case laws all over again, and I had the opportunity to brief various senior counsel and occasionally appear in courts.

     

    After Amarchand, you joined the legal team of Bharti Airtel. What was the reason behind this shift, especially since you were working at a premier law firm?

    Working in a law firm helped me build a great grounding for me, but due to family reasons I shifted to in-house legal work where I felt it was less pressing.

     

    Tell us about a day in your life as a legal counsel. How different was the kind of work at Airtel from Amarchand?

    Being an in-house counsel has been very satisfying and challenging. The experience and learnings from JBD and AMSAS, especially in litigation, were very useful. As an in-house counsel one needs to understand the business requirement and accordingly advise the internal teams how to meet their business needs within the parameters of the law. Earlier in the law firms, I was doing mainly litigation but in-house changed to a mixed bag, of contracts, some fairly straightforward, some complicated ones and litigation.

     

    What attracted you to Telecommunication Law?

    Telecom is a very happening space. It has seen exponential growth and is meshed with technology to reach out to millions for a variety of issues through voice or data and thus touches all people in some manner or the other. Clearly it is fast paced and an exciting field, and this is exactly what got me interested to Telecommunications.

     

    Why did you shift to Accenture in 2007? How was the work experience different from Airtel?

    I got an opportunity to be the Lead Counsel for the India Domestic business for Accenture and so I took that up. It was my first experience with an MNC and it was a good learning to understand how to interact with teams across Asia Pacific, etc. and understand their processes.

     

    You thereafter moved back to Airtel.

    It’s always good to improve one’s skill sets. I got an opportunity to work at the Corporate Office of Bharti and worked on a lot of M&A transactions, bond issues and thus took this up.

     

    What is the nature of your work at Airtel presently? Is it true that work in-house is less stressing than at a firm?

    We at the corporate office do not have a lot of litigation which is mainly handled by the Airtel Team but I have been part of briefing sessions with some eminent senior counsel in some sensitive matters.

    The role of an in-house counsel has changed substantially over the last few years with many persons from law firms making the transition to in-house at various levels. As stated above the role of an in-house counsel is extremely challenging as we live with the business and have to take ownership of all matters, especially in organizations which are fast paced. Also briefing senior counsel is done for litigation matters but there is a lot of transactional and advisory work which happens internally. Further in litigation, a lot of strategizing is done in-house.

     

    Does working as a legal counsel get monotonous? How is it possible for one to keep experiencing new learning curves while working as a legal counsel?

    The role of an in-house counsel is far from monotonous for the reasons stated above. As regards experiencing new learning curves, as stated above, with a business which is fast paced and evolving one has no choice but to be ahead of the times and work with business to ensure that the business goes ahead.

     

    What would you advise law students who want to join in-house roles?

    My personal view is that young students must first do a few years of litigation and garner work experience with law firms. These would be extremely useful and would serve as an edge over others if one wishes to move in-house.

    Work as an in-house counsel requires collaborative and team effort. Each counsel is measured on how they are able to help the business achieve their objectives and thus all have to work with all teams in order to close the issue.

    Diligence, commercial insight, updated legal knowledge, attention to detail and good healthy relationships with internal customers is required if one wants to do well.

     

    What is your current work profile like? How do you balance work and personal life?

    I am currently leading a team of four colleagues and we provide full support to the Corporate office for all legal issues. Work life balance is something one has to achieve for oneself and there are spikes when there may be no weekends off, some with one day and some with both. If one finds one’s work exciting then all can be managed.

     

    What are your plans for the future?

    To continue what I am doing and learn new skill sets.

     

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

    Law is an extremely versatile area and due to its far reach touching all aspects of life, it’s a great subject to study whether one wants to practice or teach or pursue other careers in environment, Human rights etc.

  • Nandan Kamath, Founder, LawNK, on building an illustrious career in Sports Law and IPR and being a Rhodes Scholar

    Nandan Kamath, Founder, LawNK, on building an illustrious career in Sports Law and IPR and being a Rhodes Scholar

    Nandan Kamath traded his dream of being a professional cricketer for a life in law, and since then, there has been no looking back for him. A graduate of National Law School of India University (NLSIU) in the year 2000, Nandan has been a recipient of the Rhodes Scholarship. After completing his BCL in Law and M.Sc. in Economic & Social History from Balliol College, University of Oxford in 2002, he went on to pursue his Masters in Harvard Law School.Soon after graduating in 2003, he joined as an Associate with Davis Polk & Wardwell, where he worked for three years. On returning to India, he founded his own law firm, The Law Offices of Nandan Kamath (Law NK), which is one of the leading law firms in the country in the field of Sports, Media, Technology and IPR Laws.

    With this interview, he opens up to students about:

    • The importance of hard work, dedication and discipline in the field of law;
    • His dual Masters in law from Oxford University and Harvard University;
    • His experience of working at an international law firm;
    • Working in close connection to a field close to his heart – Sports

     

    You are a law graduate from NLSIU, what motivated you to pursue Law, especially from NLSIU?

    I was a law student by chance, rather than by design.  In my teenage years, I was a sportsman first, and a student next.  I had my eyes set on a professional career in cricket, and chose my pre-university college purely on the strength of its cricket team.  The first time I heard of NLSIU was when they sent a volleyball team to participate in our college sports festival, and I remember seeing the players’ jerseys and only thinking, at the time,that N-L-S-I-U was quite an odd jumble of letters put together. The next introduction to the law school was when the college cricket team I was on, ended up playing against (and beating) the NLSIU team. As thoughts of needing a proper college degree began to loom, I heard from a classmate about the NLSIU entrance test. Being interested in word games, puzzles and logic, I thought it would be an interesting experience for its own sake. I looked over a couple of past test papers the night before the exam, took it, and surprised myself by making it through. Although things were certainly not as competitive then as they are now, getting through the entrance exam convinced me that I might have some aptitude for the law. At least the examiners thought so!

     

    Tell us about your time at NLSIU, what were your career plans after graduation?

    Life at NLSIU didn’t get off to a particularly auspicious start. Dr. Menon made it very clear at my entrance interview that I had to choose to either pursue cricket or law studies (but not both), as the institution only had space for full-time students with strict attendance requirements.  In the pre-IPL days, the odds were stacked against making a career out of cricket, so it wasn’t really much of a choice. Having made that trade-off, I put my head down and took my academics quite seriously for the first time in my life. It seemed like the right thing to do – to make full use of the opportunity if, in order to pursue it, I had given up something I was good at and enjoyed.  I found that the institution was an excellent place to become aware of various national and international issues.The regularity of project work and exams enforced a level of discipline which I was quite happy to adopt. At the same time, it was quite challenging, in various ways, to be at an institution with students from all over the country, each asserting and debating different identities, perspectives and ways of thinking. It gave me a broad and useful platform in the study of law and people in general.  I also met some of the smartest people I know during my five years there. In terms of career plans, I was fortunate to be selected for the Rhodes Scholarship at the beginning of my final year, so my immediate plans were made for me.

     

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    After Graduation you went on to pursue BCL from Oxford as a Rhodes Scholar. Please tell us about the course and your time at Oxford.

    The BCL was a very rigorous, jurisprudence oriented course, and the academic standards were very high. I did courses on intellectual property and transnational commercial laws.  The perspective was very different, with the focus being on why laws are the way they are and how they have come to be, rather than the descriptive study of the law I had been used to. It needed a fair bit of adjustment to think more analytically and to have an opinion and a view on the law, rather than being required to know what it was. In my second year at Oxford, I did my Masters in economic and social history with a focus on the history of networks and technologies, and found it very interesting. Overall, my time at Oxford was idyllic with a great mix of sports, social and academic activities.  I met an internationally diverse group of people during my time there, each person with multiple interests and skills.  My time at Oxford broadened my perspective and my horizons, both socially and academically.

     

    You did not end your academic streak at Oxford, but went further and pursued LL.M from Harvard. What was it like to get into, and study at Harvard Law School?

    I applied to Harvard Law School after having completed my BCL, so that probably strengthened my application. Being at Harvard Law School after two years at Oxford involved moving from a multi-disciplinary social setting, to the company of hundreds of highly-charged law graduates,most of whom had never stood second at anything they had done. It was a very competitive environment and not particularly easy going. Nonetheless, I found the LL.M. was very helpful as preparation for law practice.The weekly reading load was huge, and overall, the courses were intense and challenging (befitting the atmosphere). I found the analytical frameworks used by the teachers quite fascinating and very practically relevant, whether it was the economic analysis of law, legal realism, or anything else. It gave me a new lens to look at the law with, and added nuance and process to my thought process.

     

    How do your dual Masters in Law help you in your current work profile? Do you plan to go for any further studies?

    I believe that one’s law studies and degrees are only as valuable as the lawyer they produce. My studies have certainly given me a lot in terms of perspective, ways of thinking and analysis, and that is very valuable.Other than that, I don’t think the tags of being from a particular university help me that much in the work I do, other than perhaps leading to a (rebuttable!) presumption that I am not completely inept.  As for further studies, I think the phase of my life involving formal academic study is probably behind me –I can’t really see myself going back to the classroom, exams and dissertations. But I’ll never say never – I may just surprise myself if something really excites me.

     

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    Given your academic record, were you ever interested in pursuing an academic career?

    I do enjoy teaching a few classes here and there, alongside my law practice. However, pursuing an academic career was never on my agenda.  I didn’t feel I had either the intellectual firepower, or the patience required to master an area of law sufficiently to teach it repeatedly, consistently and engagingly.

     

    After your LL.M from Harvard you joined Davis Polk, a global law firm.How did you get recruited there?

    I had met one of the senior partners of the firm during an internship in Mumbai at ICICI Bank,while still in law school, and had managed to stay in touch. A few years later, when I finished at Harvard Law School, I got back in touch, was called for an interview and made it through the process. It wasn’t a very hot job market at the time and I consider myself very lucky to have got the opportunity.

     

    What is it like to work in a big and global law firm?Please tell us something about the kind of work you did there.

    I worked for three years at the California office of Davis Polk in the intellectual property and global technology group.  The work involved intellectual property and corporate advisory, especially in relation to mergers and acquisitions, and capital markets transactions.  It was the perfect first job for me.  It was challenging both substantively and in terms of work hours and it forced me to up my game, and push my limits. I found a number of mentors among the partners there.  The importance of attention to detail, personal responsibility for (and pride in) work product and client orientation were my main takeaways. I also saw that it is possible to create an open, friendly and informal work environment without compromise on work product and quality standards.

     

    You left Davis Polk after three years, what were your reasons to do so?

    When I started my studies abroad, I had set myself a target of being back in India in 5-6 years.  The end of this period also coincided with some plateauing in my learning and it was becoming clear that the big law firm trajectory was not the best one for me. I left Davis Polk after a brief stint in Hong Kong and Mumbai,and moved back to my hometown Bangalore, where I wanted to live and work.  I didn’t have a specific work plan but was happy to put down roots and figure things out.

     

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    You set up LawNK – The Law Offices of Nandan Kamath after you left Davis Polk, what was the motivation behind going independent?

    My father is a Chartered Accountant who started his own practice from scratch, worked hard, and succeeded off his own steam.  Watching him from close quarters helped me recognise the many advantages of independence.  It also inspired me to chart my own course, without too much fear or doubt coming into the picture.  Having the opportunity to choose what I was going to work on was a big luxury, and I was determined to work in an area I loved – sport.  With a view of working on sports law, I went about meeting a number of athletes, coaches and others working in the nascent sports industry.

    Every one of them made it quite clear that there was little value a lawyer could add at that point, given the lack of structure and professionalism in the field.  That feedback temporarily set back my plans to establish a sports law practice. I involved myself in other ventures in sport and athlete representation, which gave me a ground level view of issues Indian athletes were facing and the state of play overall.  Over time, I started getting requests for legal assistance from others who were making their way in sport business and I began advising them as a sole practitioner.  The game changer came in 2008 with the IPL. The professionalization of sports through the league brought sports contracts into the mainstream in India.  This is when things took flight, and the firm has grown organically since then.

     

    LawNK – The Law Offices of Nandan Kamath specialises in Sports, Media, Technology and IPR Laws.How did you build your client base, especially since you spent your formative years outside the country?

    Over the years, our clients have found us rather than the other way around. A well-defined focus in terms of practice areas, and a team that is knowledgeable and passionate about the work, are our greatest strengths.The client base has built through word of mouth, and it is not something I have ever actively worried about. We focus on our work, and know that interesting work will find us when the time is ripe and the opportunity is right.

     

    You are also a Trustee at GoSports Foundation.Tell us a bit about it and your role therein?

    GoSports Foundation (www.gosports.in) is a non-profit that I co-founded in 2008. The organisation’s vision is to empower young athletes and enable them to achieve their Olympic and Paralympic dreams. Being quite aware of the state of Indian sports, we started GoSports Foundation to contribute our bit to the growth of an athlete-centric sports ecosystem in non-cricket sports. Our quest is to bring professionalism and positivity into athletes’ journeys and to ride with them through ups and downs, providing financial support, mentorship, access to expertise and career advice. As Managing Trustee, I play an active role in the administration of the organisation, and support the executive team wherever needed in the programmes. It also provides me the opportunity to work with our Board of Advisors, which comprises of Abhinav Bindra, Rahul Dravid and P. Gopichand, in thinking about Indian sport and making meaningful interventions.  It is work that I love and an organisation I am proud being a part of.  I have met fascinating people along the way, and my work with GoSports Foundation has opened doors to a wide variety of experiences – from hosting a TV sports show, to designing national talent support schemes, working with childhood heroes, being on selection panels and drafting state sports policies. While it is often challenging work and requires lots of self-belief, I have received far more from it than I have given.

     

    Rahul Dravid on extreme left and Nandan Kamath on extreme right.
    Rahul Dravid on extreme left and Nandan Kamath on extreme right.

    Who form your clientele? Could you please share with us any representation you are particularly proud of having worked on?

    Our sports practice advises a wide range of governing bodies, franchises, players and sports brands.  Cricket and football have been the primary disciplines but we are now seeing more in tennis, badminton and golf, and the new professional leagues are also mushrooming. Other areas of our special focus have been advertising and marketing laws, e-commerce, privacy, food and beverages law, and medical law. I am particularly proud of our team for being empanelled by the ICC as the official law firm for the Cricket World Cup hosted in India, Sri Lanka and Bangladesh in 2011. It was a great honour and privilege, and watching India win the finals was the icing on the cake!

     

    Do you think playing sports has helped you as a lawyer?

    I have always believed that playing serious sport is excellent preparation for professional life. With the benefit of many years of experience now, I think this is even more so for the law.  Competitive sport provides early exposure to the adversarial process.  It also requires one to make real-time decisions based on dynamic, unstructured data –which is only possible to do competently if you have prepared thoroughly, and practised hard.  All this is not too different from law practice! Also, sport teaches you that although it is primarily your own individual pursuit, you are almost always playing in a context – representing someone or something else (a team, institution or even a country). Similarly, it is a client and/or a cause that makes one an advocate, and that is always good perspective to carry. Finally, you learn from sport that you are only as good as your last innings, but I’m going to ignore that for now because my last one was a duck.

     

    Many of our readers would be interested in having a career in sports law and representing celebrity sport stars. What would be your advice to them?

    If it is truly a substantive area that you are interested in, it is a field worth investing time and energy into.  The glory and glamour fade away quite quickly, so it is important to have the right motivations – that will help you stick it out through the early days and mature and stay passionate about and interested in the work.  Other than that, the best advice I got as a young lawyer was to become a good lawyer first before attempting to add any prefixes (such as ‘sports’ lawyer), and to focus first on learning the tools of the profession – in transactional law, that includes things like client communication, drafting, time management, multi-tasking,organisation, attention to detail, and finding one’s own methods and practices.  If you have built a strong practice toolkit, adding new substantive areas to the repertoire is actually not that difficult.  Sports law is not rocket science and it is an interest that can be pursued at any point by a skilled lawyer.

     

    What do you look for when you hire lawyers to work with you?

    We look for self-motivated young lawyers who have also demonstrated their interest in our practice areas.  Our firm has graduates from NLSIU, NALSAR, Symbiosis, ILS, GNLU and NUJS, so it is quite a diverse set.  A few have come through our internship process, which is a good outcome for all concerned.  I am very proud of the lawyers in our firm, and have enjoyed seeing them grow steadily as professionals.  From what I see, today’s young law graduates are better trained and prepared than I was when I finished law school.

     

    Do you provide for internship opportunities? Where should a law student apply if he/she wants exposure in sports law?

    Yes, we do have an internship programme.  We accept only one or two interns at a time to make the experience meaningful, so spots are limited.  It is a chance to give law students exposure to the types of work we do, and our work environment. There is an online form (http://www.lawnk.com/home/) that interested applicants can complete for more information on the process.

     

    It is a dream to work in the subject we love for most of us. What do you have to say to those who didn’t end up doing what they love the most?

    As one steadily moves up Maslow’s hierarchy of needs (I told you that NLSIU left a lasting impact!), beyond security and the need for external recognition and validation, I feel that the journey ends up becoming about two things – the pursuit of mastery and the pursuit of engagement.  Mastery brings the joy of excellence; engagement brings the joy of working on things one cares about.  It is only the lucky few whose pursuit of both mastery and engagement unify in their daily work, or even converge on a regular basis for that matter. I feel the rest of us must remain open to tapping different and diverse outlets and sources if we are to simultaneously experience both of these pursuits.  For whatever reason, not everyone might get engagement with things one loves at the workplace. But it is still possible to find an outlet for this, maybe through hobbies, volunteer work or even by innovating within the limitations of the workplace.  Life is too short and you are already very fortunate if you know what you truly love!

     

    What would be your parting message for our readers?

    Have a clear career plan in mind, but leave enough room for chance to play its part. Also, stay open to being inspired.

  • Sudhir Mishra, Founder & Managing Partner, Trust Legal, on building an illustrious career in Environmental Law

    Sudhir Mishra, Founder & Managing Partner, Trust Legal, on building an illustrious career in Environmental Law

    Sudhir Mishra completed his graduation in History from Deshbandhu College, Delhi University. Thereafter in 1998, he finished his degree in Law from Campus Law Centre, Delhi University. Soon after graduation, he started his own law firm, Trust Legal, which specialises in environmental, health, financial services, securitisation, banking, oil and gas law practice, as well as alternative dispute resolution.

    In this interview, he speaks about:

    • Choosing a niche area such as Environment Law for specialisation
    • Starting his own full service law firm right after graduation
    • His most memorable transactions in Environment and Corporate Law

     

    How would you introduce yourself to our readers, who are young and aspiring lawyers?

    I am a first generation lawyer who was always very sure about one thing – that I will not join any law firm, but will start on my own. It was in the year 1998, when I plunged into the legal profession with all my belief, that one day this country will take note of me.

     

    What made you decide to have a career in law?

    I did not decide – it happened by accident and destiny. I was interviewed for IAS in 1998 and failed to clear it, and then was forced to a large extent by my father, who was a serving IAS officer, to take law as a career.

     

    What made you decide to become an independent legal professional, rather than joining a senior lawyer or law firm at the beginning of your career?

    As in 1998 there were very few law firms and I was already twenty eight (28) years of age, I had a lot of reluctance in undertaking prolonged training and working as a junior in a law office. I had great interest in environmental issues, and during my training with Ms. Pinki Anand, Senior Advocate and now Additional Solicitor General (ASG), I was very confident about kick starting my own practice, rather than being part of somebody else’s setup. I took everyday as a challenge, setup a small office at home and started visiting NGOs working in the field of Environmental Law. Somehow, there was a deep feeling inside me that I will succeed as a lawyer, which propelled and fuelled my ambition of being on my own. In three years’ time, by 2001, I was retained by close to five National and International NGO’s and was also working for Government Undertakings and lot of private companies. It was a time of excitement, uncertainty and thrill, and I loved every moment of it.

     

    What made you choose Environmental Law? Please tell us your experiences that made you focus your practice in environmental law.

    I was attracted to Environmental Law because there were very few lawyers involved in this field, and I had a great liking for environmental issues, most specifically Wildlife and Conservation.

     

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    Please tell us about the most memorable environmental law petitions you have litigated on.

    The two most important petitions which I followed and argued on Environmental Law have been:

    1. Stopping the road which was passing through the Jim Corbett Tiger Reserve, before the Supreme Court, and
    2. Stopping a wet land (World Bank Drainage) project, for the protection of Sarus Cranes, before the Allahabad High Court.

     

    Also, what have been your most memorable environmental law transactions on the corporate side?

    My most memorable environmental law transaction on the corporate side has been in helping the largest FDI in a tourism project for setting up a Ski Village in Manali (Himachal Pradesh), wherein I managed the Environment Impact Assessment (EIA), Environmental Clearance issues (EC) and Environmental Management Plans, by engaging with The Energy and Resources Institute (TERI) and Indian Institute of Forest Management (IIFM).

     

    What did you find appealing about working on your own?

    It’s like being a daily wage earner, who is a master of his own fate. Life is so uncertain that securing a career and a settled and a protected life is too boring.

     

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    From an independent legal practice to forming and running the boutique law firm Trust Legal – how challenging was your journey?

    I was left with little options, since the country had been acknowledging me as a prolific Environmental lawyer by 2003-2004. Infact, I went for the International Visitors Leadership Programme (IVLP 2005) organised by the US Government, owing to my pioneer work in Environmental Law in India. However, big commercial success was more a need and necessity for social recognition. I was married in 1999 to Mamta Tiwari, who became a Partner in Fox Mandal in the year 2001, and was regularly being voted amongst the top 20 Dispute Resolution Lawyers in Chambers & Partners, Legal 500, etc.

    Comparisons  started to happen, and it was very important for me to ensure that environmental law would pay just as well. We created the firm Trust Legal with that philosophy, and today we are the leading law firm representing all kinds of companies in India and abroad on Environment and Health law practice. Infact, Healthcare has become a bigger and major practice area of the firm, with Trust Legal representing more than 30 hospital groups across the country in litigation and corporate advisory. The firm is also very active in the field of Real Estate & Infrastructure, Oil and Gas and Banking & Finance law practice.

     

    What is your role as the Managing Partner of Trust Legal? What are the challenging and stressful aspects of managing and running a firm?

    As the Managing Partner of the firm, I encourage my team to think as entrepreneurs. My job is to ensure that the business of the firm is moving in the positive direction, salaries are paid on time, talented people are encouraged, along with ensuring the emotional and physical well-being of lawyers. There is nothing stressful in managing a law firm as a lead Partner, since your entire day is filled with excitement, and a sense of purpose and duty.

     

    What do you want to say to the next generation lawyers? Which are the growing areas of law where a new law student or young lawyer can focus and distinguish himself/ herself?

    I suggest that each lawyer should follow his/her own dreams, by assessing his/her own interest area, and then working accordingly. I believe that apart from environment; health, infrastructure, commercial litigation will also be  new big areas to focus on.

     

    Tell us about your early education, your place of graduation, your place for learning law and your experiences during student years.

    My early education was in a place called Siwan in Bihar, where most of my classes upto class 10th were conducted under a tree, as the school building was very depleted. I did my 10+2 from an even smaller town called Bankain Bihar, where my father was posted, and then I moved to Delhi University. I did my graduation from Deshbandhu College in History, and Law from Campus Law Centre, Delhi University. Most of my education upto class 12th was supervised by my father at home, who used to teach me personally, and there was a great emphasis on reading newspapers, books, autobiography and magazines from a very early age of my life. In my college and law school, my personality was greatly decided and shaped by my friends who all are well accomplished in their respective careers.

     

    Whom are you influenced by? Who is your role model?

    I am influenced by my father S.K. Misra (Ex IAS officer Bihar Cadre) and my role model is my cousin sister Sonal Mishra (IAS officer Gujarat Cadre). My father taught me that with confidence and integrity, anything is achievable. My sister Sonal taught me the spirit of hard work, determination and aiming very high. Her success in IAS in 1997 fuelled in me a desire to make a very big career in law.

     

    These days, most young law students look towards corporate law. What is your take on that?

    As I said earlier, one should not go by what everybody else is doing – the idea is to create your own destiny, your own line, your own fate, your own league. One should follow one’s instincts and never settle for something ordinary, or for quick returns. One should remember that it’s a long life and success should remain a guiding factor in your fifties and sixties, so the decision which you take in your twenties should not ruin your old age.

     

    What do you see as the future of legal profession? What message would you give to young law students and recent law graduates?

    The future of legal profession is superb, and is undergoing a silent revolution. Hundreds of more law firms will come to cater to increased economic activity within the country.

    My message to young law graduates is to create something new and long-lasting.

     

  • Umakanth Varottil, Assistant Professor, National University of Singapore, Ex-Amarchand Partner, on choosing academics over corporate practice

    Umakanth Varottil, Assistant Professor, National University of Singapore, Ex-Amarchand Partner, on choosing academics over corporate practice

    Prof. Dr. Umakanth Varottil is an Assistant Professor, Faculty of Law at the National University Singapore (NUS). He is an alumnus of the National Law School of India University, Bangalore, graduating in the year 1995. Soon after graduation, he joined Amarchand & Mangaldas & Suresh A. Shroff & Co. (AMSS), where he soon saw promotion to the post of a Partner. While at AMSS, he was ranked as a leading corporate/mergers & acquisitions lawyer in India by the Chambers global guide. He then went on to complete his Masters from the New York University School of Law (NYU) in 2007, and then his Ph.D. from NUS in 2010. He has since taught on a visiting basis at the Fordham Law School, New York, University of Trento, Italy, and at various law schools in India. He is the recipient of several academic medals and honours. At present, he is an Assistant Professor of Law at National University of Singapore (NUS).

    In this interview, he talks about :

    • His experience and journey from an Associate to a Partner at AMSS;
    • What made him leave AMSS for a life in legal academia;
    • His experience at NUS and NYU;
    • His PhD on the role of the independent directors in corporate governance;
    • Life as a Professor at NUS.

     

    How did you decide to study law? Were any of your close relatives lawyers?

    Since my late father was a lawyer, I was exposed to the legal profession from an early age. However, it was only after high school that I decided to follow his footsteps and take up law as a career choice for myself.

     

    How did the opportunity to study at NLSIU, Bangalore feel like? Do you recall your first day at the Halls of Residence? Would you like to share any observation/memory from those days?

    Securing admission into NLSIU Bangalore at that time was an entirely different ballgame from what it is today. At the time that I joined the law school, it was only two years old, with a great amount of uncertainty as to what lay in store for its students and graduates. Nevertheless, we were fortunate to have an eminent legal personality in the form of Dr. Madhava Menon at the helm of affairs, who led an able and dedicated team of law professors, which left no doubt in my mind that our professional future was not only secure, but also promising.

    Some of my early memories relates to my initiation into the study of law, which revolved around analysing various social issues from a legal perspective, and debating them in hope of arriving at a solution to real world problems. As any student would experience in the first year of law school, there are no definitive answers to questions or problems, and each issue is capable of being viewed from multiple points of view. Added to this was the Socratic method of teaching adopted in the law school, which tends to confound problems in the minds of students than to clarify or resolve them. It is much later that I realised that this phenomenon was by design, and not an accident. As I was a resident of Bangalore, I did not stay in the Halls of Residence. Since NLSIU was still in its initial stage of establishment and hostels were yet being constructed, residence on campus was not compulsory. As it turned out, most of us “day scholars” spent long hours on campus, which helped us partake in the community aspects of law school.

     

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    How did you always keep ahead of your batch as a student at NLSIU? What would be your message to those people who never score much but do well at internships and moots?

    In describing academic life in an Indian law school such as NLSIU, I have previously used a metaphor, which is that it is like playing Test cricket. Student life involves sustaining oneself over a five-year period with equal energy and drive, and the ability to handle countless exams, assignments, presentations and other commitments that law school demands, not to mention co-curricular activities such as moot courts, debates, and the like. Hence, it involves a great deal of patience and perseverance. I must add that I have been enlightened about these characteristics more as a matter of hindsight, and it is not as if I designed and implemented any specific plan or strategy while in law school.

    For the lack of any alternative methodology for assessing the competence and capabilities of law students, grades do continue to matter a lot. But it is also important to develop an all-round personality, which can be attained through co-curricular activities. While performance in law school (academic or co-curricular) matters to some extent, it often tends to have a limited bearing on one’s professional progress and success, which might depend on other factors that a graduate may imbibe after law school.

     

    Have you been in touch with your batchmates? Is it true that all graduates from NLSIU do extremely well in their careers? Do you find differences between graduates of NLSIU, other NLUs and other premier law institutes?

    Apart from imparting legal skills, NLSIU helped me forge very strong relationships with a wonderful group of batchmates (as well as seniors and juniors), which I continue to cherish to date. It is true that the NLSIU alumni network is a tight-knit one. In fact, my batch is celebrating its 20th year reunion at the end of this year, where we will be spending a weekend together along with our families.

    While there could be some differences between the graduates of NLSIU and other premier law institutions in India, I do not believe that they are significant. Ultimately, the top students from all of these institutions form part of the same crop, and have been successful in similar ways. It might be the case that more number of students from some law schools may have demonstrated a higher performance compared to the others. Over the years, I have developed professional relationships with graduates from several law schools around India. In my view, while the institutional quality and background are important, it is the capabilities and determination of individuals that matter more.

     

    You joined AMSS early on as an Associate. How was your journey from an Associate to Partner? Was it mostly about legal knowledge, or did it include business development as well?

    My early years as an associate at AMSS involved gaining experience in corporate transactions. I was fortunate not only to be working with a leading law firm in India and its managing partner, Mr. Cyril Shroff, but I was also the beneficiary of an unending flow of transactions following India’s economic liberalisation that witnessed several novel legal issues being considered in-depth. Of course, being made a Partner carries along with it, different demands, which include client management as well as human resource management (that takes a great deal of people skills).

     

    You must have been very young as a partner. As a law student, it’s very difficult to imagine joining the ranks of a partner in just 5-6 years of work. What all does it take to become a partner?

    At the outset, technical skills do matter, i.e. the knowledge of the law within one’s practice domain, which includes both substantive and procedural matters. In addition, skills such as conflict resolution, problem solving and acting as a “trusted” advisor to clients, are a hallmark of a competent partner. Then come other skills such as business development, human resources, and even financial management.

     

    Is it possible for a person who is not exceedingly well versed with Business Development and is not good at drawing clients to get promoted to the ranks of a partner? Would it take more time?

    It is ironical that while law schools teach the knowledge and skills pertaining to matters of law, the other skills, such as business development, are required to be developed by lawyers on the job. Some lawyers are excellent in technical legal skills, but they either do not have the capabilities, or are uninterested in the managerialaspects. In those scenarios, of course, there could be some constraints when it comes to promotion. Ultimately, this could depend on the policies of individual law firms. But, I do believe that there is always space for lawyers with good technical skills, and law firms and legal practices may ignore them at their own peril.

     

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    When did you actually find yourself getting drawn towards academics?

    This is a question I get asked all the time. When I was at AMSS, Bangalore, during weekends,I used to co-teach a seminar course on Mergers & Acquisitions at NLSIU along with Professor M.P.P. Pillai. The discussions in class,surrounding the theoretical and policy-level issues on areas that I was closely connected with in practice, attracted me towards taking up a full-time career in academia. Although I embarked on an academic career with a view to teaching, I discovered along the way that substantial emphasis is also placed on research and publications. I enjoy this combination of teaching and research in the areas of corporate law, corporate governance, mergers and acquisitions, and related subjects.

     

    How hard was the decision of leaving a well-established career as a partner of the largest law firm in the country, to take a plunge into academics?

    I was quite determined about embarking on a career in academia. However, given that I was leaving the profession after spending over a decade in it, many of my colleagues and friends felt that I was more likely to flirt with academia for a couple of years, and then promptly re-enter practice. But, that did not occur: I remain committed to the legal academy, and have not felt the urge to return to practice. At the same time, I continue to remain in touch with the profession through various means that helps me stay up to date with developments in practice.

     

    How did you select New York University School of Law among others? Was it any specific combination of modules that attracted you there?

    I chose the New York University School of Law (NYU) due to its focus on some of the key areas I was interested in, namely corporate, securities, and financial services law. Moreover, located in the heart of New York City, it also has access to professionals from leading law firms, accounting firms, and other financial intermediaries, who would often visit the institution to teach, and also to participate in seminars and conference.

     

    What was your topic of research for LL.M? Why did you choose that subject for research?

    Although I did an LL.M by coursework, I was required to write research papers on a couple of courses, which I found to be a valuable experience. In a seminar course titled “Topics in Corporate and Securities Law”, I wrote a paper on the role of independent directors in corporate governance. This has been a significant topic of interest world-over, not least in India. This paper also acted as a stepping stone for my PhD thesis on the topic subsequently at the National University of Singapore (NUS). At NYU, in another seminar course titled “Financing Development”, I wrote a paper on the use of the pari passu clause by lenders in sovereign debt documents, to block the debtor countries from making payments as part of a sovereign debt restructuring. This issue, as well, continues to hold sway till date, with litigation pertaining to Argentina under this clause making headlines, especially as they have been considered extensively by the US courts.

     

    How do you recall the faculty and facilities? Which other universities would you recommend for someone who cannot make it to NYU?

    I learnt considerably from my courses at NYU. Having practised Corporate Law in India for several years, it was a wonderful opportunity for me to compare the Indian law and practice, with those of other jurisdictions studied at NYU, including Delaware. Some of the professors and their teaching methodologies have had a significant impact on me, in that they have helped shape my own teaching philosophy and style.Apart from NYU, there are several other leading law schools in the US, UK, Singapore and Hong Kong, that have strong corporate and financial services law offerings.

     

    How did you choose NUS for your doctoral research? Tell us about your Ph.D thesis. Why did you choose that subject in particular?

    When I was at NYU, I came to learn a lot about NUS, as there was a collaboration between the two Universities for a joint LL.M programme. This was also consistent with my desire to stay in the Asian region, and closer to India. Hence, after consulting my classmate Arun Thiruvengadam, who was then teaching at NUS, I decided to apply for the doctoral programme there. As mentioned earlier, my PhD thesis dealt with the role of the independent directors in corporate governance, wherein I examined board independence in the context of emerging economies such as India and China, as it had previously been studied in the context of developed markets such as the US and the UK, where the agency problems relating to corporate governance were largely different. I chose that area in particular, as the concept of independent directors has confounded academics for some time now, with incomplete understanding of the utility of that institution in enhancing corporate governance. The concept continues to hold importance in India even now, with extensive codification in the Companies Act, 2013.

     

    Having taught at many universities in India, how would you compare it with the facilities and environment that NUS provides you? Do you find stark differences in administration between Singapore and India?

    NUS provides an excellent environment for both teaching and research. It has a diverse faculty and student body. While the LL.B students are mostly from Singapore, the LL.M students are from several countries around the world (including from far-flung areas such as Latin America), which makes teaching here truly global. There are indeed perceptible differences in the administration between Singapore and India. For example, the law school at NUS is situated within a larger University, which is over 100 years old and therefore endowed with significant experience and resources. On the other hand, the leading law schools in India are standalone establishments that are relatively younger, with greater flexibility in determining their own destinies.

     

    Is it possible that you may come back to India to teach? Do you look forward to that in near future? What all could probably could be the impediments, if at all you wished to come back?

    Of course, it is hard to make predictions for the future, but for the present, I offer short courses and guest lectures at various Indian law schools each year, which I thoroughly enjoy. Even though I am currently based in Singapore, I continue to remain closely connected with Indian legal education.

     

    What subjects are you currently teaching? What are your current research interests? Have you involved your students in your research?

    At NUS, I teach three courses. One is Company Law, a compulsory course for LL.B students, that involves teaching Singapore law, which is similar to Indian company law at a broad level (with both Singapore and Indian having originally inherited English company law), but with significant differences when one drills down into the details. The other two courses I teach are upper-level electives, namely Mergers and Acquisitions (M&A) and Indian Business Law. Elective courses are attended by third and fourth year LL.B students as well as LL.M students.

    My research interests are also on similar lines as my teaching. While my work is comparative in nature, I focus considerably on the laws of India and Singapore. I do involve research students in my work. While most of the research assistants tend to be NUS students (both LL.B and LL.M), I also often avail the services of students across various Indian law schools, particularly when the research material for a project is mostly available in India.

     

    Having won quite a few awards and honours for academic excellence and teaching, what would be your message to young professors?

    An academic career in law is an exciting one. It provides considerable freedom for young professors to delve into areas of their interest, both in terms of teaching and research. Several professors in India have established themselves as authorities in their respective fields, thereby garnering wide acclaim. They are also sought after by practitioners, policy-makers, and the Government. They have accomplished this through extensive research and publication of their work in leading academic journals, as well as through op-eds in the popular press that ensure a wider reach. My advice to young professors would be to identify their interest areas, and then build up domain expertise in those.

     

    Students often complain about high-handedness of faculty and administration in India, how do you propose we either find a solution to it, or change our own perspective?

    As I have already mentioned, Indian legal education continues to be moving along a steep learning-curve. The experimentation that began with the establishment of NLSIU, continues in one form or another. Given this trajectory, the path is not likely to be smooth. It would be presumptuous on my part to offer any solution, as the circumstances are rather complex. However, the key would be for the administration, faculty and students to work collectively to address various problems that are currently being faced. To go back to an incident that occurred when I was a law student, a proposal by the administration to raise tuition fees at NLSIU was met with stiff resistance from students, resulting in a deadlock. However, following successive rounds of negotiations between students and the administration, an acceptable solution was found, and the institution marched forward. Constant engagement between various constituencies within the legal education sector would be the key.

     

    Shifting to moot courts, how does one draft a winning memo? According to you, what is the difference between a great and an average memo?

    A good memo is one that is well-researched and expressed clearly. The grasp of the writer over the subject matter tends to be quite evident from its content and form. A great memo is also one that is very convincing. Ultimately, even in practice, a judge would decide a case based on (among other things) the written submissions of counsel, which must be clear, cogent and persuasive (supported by authorities).

     

    Do judges actually expect mooters to know everything about the law, or is there something else at play, as well?

    Successful mooting involves a combination of factors. Apart from knowledge of the law relating to the subject matter of the moot, it is necessary to master the facts (which often form the bone of contention). Thereafter, it is necessary to logically structure the arguments, which must be presented clearly. More importantly, mooters must be prepared to wriggle themselves out of a situation when they are caught off-guard by the judges. They must be able to think on their feet. Patience is another virtue that would come in handy in such situations.

     

    Lastly, what would be your message to people who want to take up a career in teaching?

    According to me, the idiom “Those who can’t do, teach” cannot be farther from the truth. It is no longer true that teaching is the last resort for a graduate in India. The academic world has attracted bright lawyers, and several excellent law students at their very early days, who have indicated their interest in teaching,and followed their single-minded pursuit towards attainment of their goals. Hence, I would encourage law students to consider an academic career. From my own experience, I have found academia to be extremely enriching and fulfilling.

  • Aarthi Sivanandh, Partner, J. Sagar Associates, on building a corporate law practice, merging Vichar Parters and LL.M from Tulane

    Aarthi Sivanandh, Partner, J. Sagar Associates, on building a corporate law practice, merging Vichar Parters and LL.M from Tulane

    Aarthi Sivanandh graduated in commerce from Stella Maris College in 1997 before deciding to pursue law from Tamil Nadu Doctor Ambedkar Law University. Thereafter, she attended Tulane University (US) on a scholarship and graduated the masters course in corporate law with distinction. Soon after she worked in California briefly as a foreign legal consultant before returning to India in 2004. On her return to India she was part of the founding partner team for Universal Legal. In 2010, she co-founded ‘Vichar Partners’ which merged into J.Sagar Associates in April 2014.

    In this interview she tells us about:

    • Degree in Law after commerce and subsequent international exposure
    • Building a corporate law practice in Chennai
    • Experiences in founding a law firm and its merger with Jyoti Sagar Associates
    • Role of a partner at one of the largest firms
    • Work life balance and necessary skills of a young lawyer

     

    You are a B.Com (Hons.) graduate from Stella Maris College. How did you decide to join Tamil Nadu Doctor Ambedkar Law University?

    I never envisioned myself as a lawyer. In my final year of undergrad college at Stella Maris, I had won an advertising competition that awarded me an internship offer at HTA. My mother promptly found me a friend of hers who was a company secretary who persuaded me to join the course lest I am lured by what they believed as the glamorous world of advertising. A short introduction to the intermediate course at the institute and I was captivated by law, thus the road to join the University in Chennai to pursue a degree in law.

     

    Soon after completing LL.B., you went to pursue Masters from Tulane University Law School. Why did you decide to go for higher studies?

    I was interested in corporate law but there were no law firms in Chennai in the late nineties, the city was flooded with court counsels. Litigation was the only thriving practice area and the city was well known for its stellar attorneys’ bar. I decided to visit Bangalore and Mumbai for an internship and found the firms there unwilling to entertain me except for one. It was a struggle to gain exposure to transactional or corporate practice. It was the time after an undergraduate degree when I was keen to discover the world, find new experiences. I had also won two scholarships to study abroad, so I decided to put them to use and get a Masters in Law degree.

     

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    Tell us about your LL.M year at Tulane. How did this influence your career?

    My time at Tulane was rewarding and fun filled, both intellectually and personally. New Orleans is the third most interesting city in the US after New York and San Francisco; this drew me to choose the foreign lawyers LL.M program at Tulane. My class had almost 130 people from more than 25 countries. The historic city that had fought Spanish and French wars, its streetcar and Audubon park still alive from the 1840’s and a milieu of international students was the background in which my mind grew.–

    The enriching dialogues and conversations between professor and student, the Socratic method of teaching, the non-judgmental easy ways that gave every attorney the time to compare how they learnt the law at their home countries and how they articulated themselves, changed my 23 year old mind at very fundamental levels.

    Nothing was unacceptable in the system and there were no wrong answers, there were only ‘different’ answers – This was a huge change from the way I was educated in Chennai.

    I learnt to respect other views, state my own clearly, be financially responsible, manage hard work, independence and be comfortable with strangers. I decided to work in the Valley on graduation and came home after 2 years. And like every person who returns home, I wanted to come back to Chennai and change the way people viewed the firm culture and practice of corporate law.

     

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

    My late uncle was a real estate lawyer in the 80’s and my father though retired as a public prosecutor continues to work in dispute resolution on a range of matters. I would ask them where companies and others who ran businesses go for their work and they would both reply that those clients’ litigation needs were taken care of in the city but for ‘other work’ they would go to Mumbai or Bangalore or Delhi. While I enjoyed practising with litigation teams in the US (The Chugh Firm), on my return I began to focus only on corporate and transactions law in India and particularly in Chennai.

    The challenge to marry the various nuances of the law with the intricacies of forward looking business is both an opportunity and challenge to the transactions and corporate law practice.

    Many commercial relationships succeed without the fear of legal enforcement simply by relying on the discipline of the parties’ motivation to be fair, their prospect for future dealing, and the increasing premium they place on reputation.

    A quality legal product or service would therefore be one that fine-tunes incentives by providing for a broader range of contingencies that will in turn dramatically reduce the costs of dispute resolution. The challenge to achieve this intricate balance calls upon several skills. This held great appeal for me as a practice area and catered to my need for cleanliness in human and business interaction.

     

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    Considering the fact that you started your career in California, was it easy for you to settle in the work environment of India?

    The style of work communication and managing client expectations were the big differences in the work environments. When I moved to Chennai in 2006 there was still no law firm that was organically grown in Chennai with a true concept of equity or partnership.

    I was a part of Universal Legal in Chennai, India for 4 years that helped me start my career when I moved home. It was an entrepreneurial foray to set up and learn the way forward in term of setting up a practice. However, in many ways there was no ‘senior’ in India whose coat tails I could hold on to, the only choice was to play natural, observe and learn. I settled in easily, it’s a great city and its home. The community places a premium on fair relationships and quality work which were encouraging when I started. Many friendships over the years have given me an insight into the work environment that is unparalleled.

     

    You co-founded Vichar Partners in September, 2010. How did the idea germinate? Any specific reasons why you chose the name “Vichar Partners”?

    I had not always wanted to set up my own firm but one is an amalgam of everything and everyone they meet. The idea of the firm germinated with the usual impatience some lawyers feel in believing that they could fundamentally change things and grow a firm that can have an impact. The energy it required and the excitement of possibilities fuelled me.

    By 2010, I felt I had enjoyed the city, represented and worked with many clients who were willing to work with a non-branded non-legacy firm and had earned the trust of some of the business leaders in the city. I had sporadically but constantly dreamt of an organically grown firm in Chennai, with all its partners in Chennai catering to everything clients need in Chennai had gained momentum. The timing seemed apt when I met my great colleagues and partners Vinod Kumar and Chitra Narayan. Everything seemed ordained and there just seemed no point in waiting anymore.

    We wanted to institutionalise and build a full service law firm and to create a platform that awarded and energised lawyers on merit. We were keen to grow a fast paced technology based law firm that would deal with clients, timelines and quality in an effective manner.

    Our name was coined by to reflect the first 2 letters of each of our names but also that in Sanskrit. Vichar meant an idea, thought or opinion which was what our firm was. We were bound in our commitment to quality and our common belief in the ethical practice of law and business.

     

    In April, 2014, Vichar Partners was merged with Jyoti Sagar Associates, Chennai and you currently work as a Partner at JSA, Chennai. What prompted this merger?

    Vichar Partners entered the market with large aspirations on being the “go-to” firm in Chennai for corporate, commercial, transaction and niche litigation work. We grew considerably well in terms of repute, associate strength and the quality of work we were handling but we did see market realities in a comparatively smaller geography. Talented young corporate lawyers were tough to find in Chennai as the city had deep roots based solely in dispute resolution and transactional work was getting outsourced which meant there was no investment in building younger lawyers in this area, or finding administrative paralegal support to handle large transactions.

    In our third year we found ourselves on other sides of the table with JSA several times, while internally we were intrigued and absorbed on the next level of growth for Vichar. A matter of timing and providence, the potential for a combination seemed complimentary to both our firms.

    Somasekhar from our Mumbai office was a significant influence when he first met us with the idea, later interactions with Murali from our Bangalore office, Amit from our Delhi Office and Dina from our Mumbai office confirmed we were on the right path to considering a merger. Of course, the powerful work ethic and integrity of the leadership of Berjis and Jyoti preceded the reputation of JSA and in the end it was almost a natural selection

    While some may try to refute this, I do believe that large law firms attract the best talent, provide superior training and mentoring, and would transform the inexperienced into an exceptionally skilled attorney. This in turn allows such firms to attract sophisticated clients, handle cutting-edge transactions and manage the greatest deal flows. A combination of these ingredients on a consistent basis offers the best opportunity to develop as a lawyer.

     

    What does a partner at a law firm like JSA do? What falls within the scope of your responsibility? Tell us about a typical work day.

    No day is like another. They are unstructured, sometimes meditative in working through a solution or reactive mode to urgencies or filled with telephone calls. Typically, the day is filled with interactions with potential clients, ongoing work and associates.
    A typical day would start with getting a handle on all the client matters going on, different transactions or other mandates involving opinions or structuring a business, that is either readying itself for a sale or targeting a purchase – the task of managing responses to all of them and understanding if their strategies fit within the walls of the law. I prioritize and coordinate with my colleagues who are working with me based on what stage each transaction or the firm’s involvement is at. Once the background work and schedules are set within the team, active participation in calls or negotiations begin, with each party at the table having multiple commercial requirements and legal must- haves. The forward looking protections that are required in an ever changing commercial background can require one to bring to bear an understanding of economics, commerce, industry and the law.

    Timelines can stretch for various reasons from parties posturing for the right leverage or purely for commercial purposes. The loop repeats and until innovative structuring, alignment of interests and final negotiations find balance– sometimes takes several months.

     

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

    Challenges are continuous, no piece of work is alike and the constant commercial and market changes require one to keep pace with it and opine within the four corners of the law The challenge is to use the right proportion of legal logic, commercial reasoning and fair persuasion on behalf of a client. Negotiations too are often like a puzzle, you may know where the piece goes but you also have to time when you place the piece in the puzzle so as to let others help you complete it. Being calm and composed in all kinds of crisis situations and timeline based advice is also a challenging aspect of the practice.

    No, it’s not “easy” to have a work life balance. Having said that, I don’t believe work to life balance should be 50-50, at different points of life the balance scale shifts sometimes 60-40 and at other times say 40-60. I have two kids aged 7 & 3 who like to do the typical things kids of that age do– play constantly, run, go to classes etc. With a good support system I manage to do some of it with them but not all. If you think of it all as a part of leading a “whole life” then it makes sense than try to slot each activity into a bucket of either work or life. A true partner/spouse who understands the nature of work can help immensely in keeping this balance. JSA is an even keeled firm, with a great set of people and that makes the road saner and easier.

     

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

    A young associate should have a keen mind that should be somewhat of a sponge – that absorbs everything in and around, taught and not taught and a thirst to learn. The law school rote method won’t let you stay afloat in a law firm but resourcefulness and hard work will. There are no short cuts.

    The outside world and fresh off the boat lawyers are often enamoured by the pay a corporate practice offers but often fail to see the immense hard work that goes into the practice. There must be a very good reason other than money that makes one want to continue to pump in some very crazy hours, bear with challenging transaction requirements, clients who are bound to be low on patience if they are in stressed commercial situations and to sustain it all, for days to end– it’s a time vampire.

    Associates are central to a Partner’s practice. The more they learn and give the more they grow, the more they grow the Partner can expose them to a variety of work. No show is a one man show, the synchronised timing and effort of the associate team in building research knowledge, knowledge management, prompt interactions with clients on status updates or first level drafts and so can assist the Partner to build on the same to have deeper discussions, develop negotiation strategies, understand commercial requirements and enhance the quality of the practice.

     

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

    The role of business development is a key component in a law firm. The firm has only one asset – its people. Amongst the people not everyone is required to concentrate on business development but is a requirement on the senior resources. If a senior resource can garner client confidence, provide resourcefulness and deliver as required the firms credibility grows. The larger the pool of senior resources the larger the palette of services the firm can successfully offer. The symbiotic relationship of different partners in the firm are the strong links the firm builds through its people assets in the community. I would say these skills are critical and second to none.

     

    Having a centralised HR what do you have to say about students writing to partners directly?

    JSA is a national law firm and our internship process, recruitment process – all HR functions are centralised. Applications are usually submitted at the internship or careers link on our website. Sometimes, students write to partners or associates they have met or have a relationship with through some other professional forums, while this affords familiarity with the candidate it still depends on the requirement of the location partners and of the firm at each level.

     

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

    Law school education is becoming more adept at providing attorneys with transactional skills. Generally, however, it still falls short. When I hire for my team, I look for students who worked extra hard to find some baseline transactional competencies or have devised ways to achieve them through internships, reading, taking courses at the institutes for extra focus on particular areas of law or part timing at corporate law firms.

    Given where things are in terms of corporate/transactional law practice outside of Mumbai and Delhi and given the gap between law school education and the transactional competencies that are required, it is incumbent upon the lawyer to be competent and take whatever steps necessary to educate herself to become so.

    Fresh graduates can build on their ability to understand business associations, basic advice about business structures, and draft documents related to business associations and secondly to investigate and understand facts and research the law in a given context (emphasis on due diligence).

    Working lawyers or lateral hires in addition to the above should be able to draft clearly, have thorough research skills, be able to walk a colleague or client through the process of identifying what the issues are, rules of law in play given the issues, applicability of law to the issues and finally a conclusion. They must be able to also identify and address the ethical implications of practice.

     

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

    A degree for the sake of it would serve no end. However, some are geared to appreciating the jurisprudential thought involved and understand nuances better when the learning is organized through curriculum while others are adept to picking it up as they work with counsels or at law firms. A higher education abroad gives an exposure early on in a student’s career to the different styles practices and legal markets in the world. In my personal experience, these courses often help in wide network of friends in different regions and a style in writing and thought that could be unparalleled but I would not unduly overemphasise the need for a practitioner to obtain a master of laws degree.

     

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

    Clarity in thought and expression is the single most important quality for a practising lawyer today. This assists in honing the ability to identify, evaluate, and understand business risks for clients and in turn offer appropriate legal advice. Invest in yourself constantly, by reading and understanding the rules of law both at home and abroad, this will enable one to compare contrast and therefore learn. The law is known to be a jealous mistress; you will have to give a lot to get some.

  • Gaury Shetty, Founder, ADEPT on Legal Recruitments Consultancy and law firm job requirements

    Gaury Shetty, Founder, ADEPT on Legal Recruitments Consultancy and law firm job requirements

    Gaury Shetty is the founder of Legal Recruitment Consultancy firm, ADEPT. After completing her B.Sc. from the University of Mumbai, she was a client account manager at Adecco India and was simultaneously pursuing MBA from NMIMS. After leaving Adecco, she joined Executive Tracks Associates (ETA) as a Senior Consultant and further went on to become a Practice – Head at Hays Specialist Recruitment in their Legal / Accounting & Finance department. Her last assignment before ADEPT was as a Director at Unify Search Private Limited.

    Having such a diverse background made her ultimately choose the path to pursue her passion. In this interview she talks about:

    • Her graduation and MBA;
    • Her experience at Adecco, ETA, Hays and Unify;
    • Her motivation to start ADEPT; and
    • What law firms look for in their potential candidates.

     

    Please introduce yourself to our readers by telling us where you grew and attended your school.

    I am a passionate and innovative soul. I am not made for the mundane and I realised this early in my career. I have been in Mumbai all my life, and did my entire education from here.

     

    Tell us about your graduation in B.Sc., IT from University of Mumbai. Also, please tell us about the Honours program and your college life experience?

    After high school, I wasn’t too sure what I wanted to do, but I was sure that I didn’t wish to pursue a normal graduation program. I had friends who were not sure about engineering.IT interested me and I picked up a B.Sc., IT program. IT was quite a boom then and I was part of the first batch to graduate from the program. We, being the first batch, were part of the learning curve along with the faculty involved. My college life taught me much about group studies, college festivals, sponsorships and moving on. It was then that I realised I was decent with selling – grabbing a few sponsors felt quite an achievement.

     

    After your graduation, you have joined Adecco India as a Client Account Manager. How did you secure your appointment? What does Adecco do and what was the nature of your work there?

    Adecco just happened to me. I had visited their office for a job and they hired me for an internal role. I had joined PeopleOne Consulting which got acquired by Adecco. I had joined there as a Recruitment Consultant and gradually moved up to become Client Account Manager in four years. Adecco is the largest staffing company worldwide. They are into HR solutions and operate in more than 60 countries.

     

    In between, while working with Adecco you have pursued MBA in Human Resource from Narsee Monjee Institute of Management Studies. What prompted you to pursue MBA in HR? Does an MBA degree after graduation help you in your domain?

    When I started working, I realised that I am passionate about people. I had decided to pursue a part-time course as I could not invest in a full-time course since it was expensive. The only thing that I had to decide was the stream of management that I would want to pursue, which was made easy through Adecco. I had quite a few seniors who were pursuing management and helped me make a decision.

    MBA in HR definitely adds value to the work I do. Being a Recruitment Consultant, I need to understand the language HR speaks, add value to my service and it definitely comes from management. We are “people-persons” and thus it’s important to realise different dimensions that the business demands. My knowledge and insight grew tremendously as I had classmates from varied HR backgrounds and they had so much to share. The faculty was great and NMIMS has a trimester system which allowed us to cover lot of subjects.

     

    You have worked at Adecco for more than 4 years and gathered considerable amount of work experience. How was your experience working there? Also, tell us what prompted you to leave Adecco?

    I started working in the ITeS space, looking for Customer Support Executives. I was moved to the Telecom space after the first six months, where I worked in Sales and Finance. Retail was booming in 2007, we started a new practice called Consumer Services and Retail. I started to manage Sales & Finance roles for Consumer Clients, e.g. Colgate Palmolive, Heinz, Cadbury and then penetrated into the Retail Market.

    We underwent an internal restructuring and my new team was not very welcoming. My team mates could not work in teams and it was stressful to reach out to such people. I find it extremely difficult to invest energy in people who can’t think beyond themselves. I have always believed in teams and collaborations. Thus it was a letdown and I decided to move on.

     

    Thereafter, you joined Executive Tracks Associates as a Senior Consultant. Tell us, how did your appointment take place at ETA? What kind of responsibilities were you entrusted with?

    I had a friend who started working with ETA, and he referred me to the MD. I was on my way out when this opportunity came by. My discussion with the MD was fantastic; it was that initial feeling that helped me join ETA. They had great plans and I was keen to learn executive search. I started to manage senior roles in Engineering, Telecom and Manufacturing.

    I worked closely with the MD to help him identify senior talent in these spaces. I was entrusted with the role of identifying great talent and helping them understand the job role. I was extensively involved in headhunting and mapping activities for specific roles.

     

    gaury-shetty-1

    You left ETA and joined Hays Specialist Recruitment in their Legal / Accounting & Finance department as a Practice – Head. What consisted of your work profile at Hays?

    I joined Hays as Senior Consultant for Accountancy & Finance Vertical. My role there involved collaborating with all the teams and assisting them in placing finance & accounting personnel (in-house roles). It was my responsibility to expand the practice base by looping in consulting firms and private practices in the domain.

     

    What does Hays look for in potential candidates for In-house Legal Department before recruiting them?

    (Gaury has worked on various In house Finance & Legal roles for clients across industries (Sectors like Life sciences, Engineering, Captives, FMCG, e-commerce etc.) while working with Hays [Recruiting experts Worldwide])

    What a recruiter looks in potential candidates is the USP of the recruiter. Hays or any other recruitment company provides you with a platform to function better.

    • Technical Fitment (desired skill set)
    • Cultural & Aspirational curve
    • Realise the NEED
    • Offer a SOLUTION

     

    Tell us about your achievements at Hays?

    (While working with Hays, Gaury had got three nominations which are Consultant of the year 2010 – 2011; Hays Elite Winner 2010 – 2011 [where Hays Represented Hays India for CeROW Elite trip to Budapest] and also nominated as a Consultant of the Month [Highest biller for Month])

    These achievements were the result of being extremely passionate about learning and delivery. I am an extrovert and at times people perceive it differently at work, they doubt your work capability.

    I wanted to differentiate myself from others. I grabbed every opportunity that came my way to create a measureable result which reflected in my targets. I was the Social Secretary as well – I overlooked team meetings, marketing and acted as a link between the Corporate Office in London and India Business for communication and data gathering that reflected on our intranet.

    I wanted to be part of the global platform and I knew Hays Elite was the way. My goal was clear.

     

    How did the switch from Hays take place? How did you secure your Directorial position at Unify Search Solutions Pvt. Ltd?

    (Gaury left Hays and joined Unify Search Solutions Pvt. Ltd. as their Director.)

    Hays underwent major restructuring. It was difficult to understand ownership and each location (i.e. Mumbai & Delhi) was striving to keep up with expectations. I got stuck between both the locations, and subsequently  decided to move on as it was difficult to fit into the frame of things that were planned.

    After I left Hays, I took a break for a month to think about what I wanted to do further. It would have been easy to take up another job but I allowed myself to look beyond. I wanted to experience fulfilment. The answer was creating something that combined my values and business understanding. I wanted to create a bigger picture.

    Unify is run by my friend and it was a conscious decision to come together and create an organisation. I had a brief discussion on a working model and some basic arrangements.

    It was great to go with the flow and fine tune along the way.

     

    What consisted of your work profile at Unify Search Solutions Pvt. Ltd. as a Director? What was the nature of your work over there? Please share with our readers.

    In my first year I started to develop the legal practice with a small team of consultants. I decided to head operations for the entire organisation in my second year along with managing my legal practice.

    My role involved

    • creating a business plan and tracking it closely,
    • streamlining processes,
    • ensuring efficiency and productivity,
    • identifying business gaps and addressing those gaps,
    • employee engagement and managing grievances, and
    • Human Resource activities.

     

    What motivated you to start ADEPT Consulting Partners? What is the story of your start-up?

    (After working for more than two years with Unify, Gaury founded ADEPT Consulting Partners – Legal Recruitment Specialist.

    After two years with Unify, I realised that what I thought was a great idea was not good enough. A business partnership is no less than a marriage – if either partner feels discomforted beyond a point, they need to part and so I did. Back at Unify, we were great friends but possibly we were not able to respect each other’s opinions and channelise ourselves in same direction. And so ADEPT was born. I have done legal recruitments for a major part of my work life, and we realised a need for an organisation completely dedicated to it. Legal recruitments are different and need special attention. We knew our competition to some extent and there is a lot of opportunity in the legal space. We wanted to make a difference along with being consistent.

    ADEPT’s foundations are laid on passion, customer service, being specialist and curious.

     

    What do law firms in India look for in potential candidates? What must a law student do to get hired in a top-tier law firm?

    Law firms want lawyers who are dynamic, open and keen to learn. Law is all about articulation of what you studied and how much do you get to work with the firm.

    A law student must have no reservations with the kind of work they do and should be open to learning new things. One cannot have reservations with work-life balance initially. They need to be enthusiastic about learning. Tier 1 law firms have high momentum and fresh lawyer needs to catch up quickly.

     

    What are key roles/positions or domain that your consultancy firm look for recruitment? What kind of clients do you usually get and what is their demand regarding hiring legal freshers?

    We largely look at work from law firms. Though we are mostly engaged with Tier 1 firms, we assist everybody in the law firm market. We have looked at a few partner placements but we are masters of Associate to PA level hiring. Most of the legal freshers are hired from campuses for most of our clients. We do present fresh lawyers to practices if desired, because usually firms mention to us about campus hires.

     

    What would you say contributes to the high attrition rate of many top law firms?

    The legal market has matured in the last six years, from being more of reference based recruitment to attracting the best talent in the space. Of late, it is a war for talent. Opportunity is huge and lawyers don’t mind looking at a better role and opportunity. Firms have to match with the market standards in all aspects to keep the attrition in control. Money is an important aspect as well.

     

    What essential skills are required to work as a Legal Recruitment Specialist?

    A legal recruitment specialist needs to be knowledgeable and keen to learn. Legal recruitment is a lot about references and networking. We constantly need to be in the market all the time.  Being enthusiastic is one of the key skills.

     

    Please give some advice on CV-building, extracurricular and internships that law students must keep in mind to get recruited by any big law firm.

    Law students should mention an area of interest to learn more during internships. Firms don’t give an option but an interest will help them focus. Make a profile where you make a mention of subjects you enjoyed the most. Extracurricular activities help you develop people skills and realise the management aspect of business. If you get an opportunity, be a part of such events.

     

    What is your average day look like? Also, tell us about your brief role at “Teach for India”.

    My average day starts with planning important things to do that day. I then strike off every activity one by one. I call at least one client each day to ensure the quality of work is maintained, and at times just to say hello. Each day I try to spend some time with my team, which helps me stay close to business and address their issues if any. I try to look at achievements at the end of each day. “It is nice to see what I did differently today and whether I have moved a step further,” is my motto for each day.

     

    Five years from now, where do you see ADEPT Consulting Partners?

    Five years from now ADEPT Consulting Partners will emerge as a specialist firm managing Legal, Compliance, Regulatory, Accountancy and Finance. We will create a niche in said areas. We strive for consistency and top class customer service and we focus on these values solely. In five years we expect to be a strong competition in our field. We will become a known brand in the recruitment space.

     

    What would be your message to law students who dream of having their own Legal Recruitment Consultancy firm one day?

    If any law student dreams of having a legal recruitment consultancy, they can come to us. And I mean it – we are happy to welcome interns. Recruitment is all about passion and loving people. A specialist has more technical knowledge and know-how, but it needs to be polished by speaking to more and more people. Because law doesn’t teach you management you should learn it yourself. There are lot of opportunities for lawyers who want to move to recruitments. Just reach out and you will have a job.

     

    Many law students aspire to join law firms today. It will be very helpful for them if you throw some light on recruitment process of tier 1 and tier 2 law firms.

    Lawyers today need to be adept with overall industry and should be able to articulate their thoughts on career and practice. Interview processes at most of the firm are similar – Fresh Law Students are usually met by Senior Associates or Principal Associates or equivalent to realise their technical ability. Once they get through this meeting at times there is a written technical test post which the concerned Partner meets up to take a final call on the applicant. In some cases the HR person meets up for salary negotiation and offer. Nowadays firms reach out to specialist like us to look for freshers too in case they miss the campus hiring, so being in touch with few consultants will also help you.

     

    Many law firms have interviews as a part of their selection process (e.g. Shardul Amarchand Mangaldas & Co.). How should one prepare for these interviews and what do the recruiters expect out of these interviews?

    In my interactions with many law firms, I concluded that quite a few lawyers fail the interview as their basics are weak, it is very important as fresh lawyers to have very strong know how of the basic Law (for e.g.. At times people cannot explain the Company Law too). Recruiters expect you be Jack of all, they expect you to be open and willing to burn out. It is important to know for which practice area are you getting interviewed before you walk in for a meeting, as a Fresh Lawyer you might not get a choice but your preparation has to be strong in areas other than your choice of practice (for e.g. – drafting is essential for litigation, knowledge of company laws is importance for General Corporate, Lending and borrowers knowledge is essential for Banking).

     

    How much importance do the law firms give to participation in co-curricular and extra-curricular activities?

    Law firms don’t necessarily look at extra-curricular activities much. At the initial screening what matters are the grades.

    Law Firms are partial with the college you pass out from, it is an understood fact that if you are from NLSIU, NALSAR or any other National School, you are an excellent student.

     

    Do you think that the law firms should evolve their selection process by also giving some importance to factors other than grades, moots, research papers, etc?

    I feel the selection process needs refinement as current processes are more technical in nature and they do not necessarily define quality. While hiring a ranker means a lot but not evaluating the rest would be unfair. I feel the associate band needs to be redefined a bit with some firms as the learning curve needs to get sharper.

     

    Please share your thoughts as to what is the future in working in the law firms today. Where does the hiring market stand right now?

    Law Firms today are way more competitive and challenging. The market has disrupted in last twelve months creating lot of opportunities for all. Working in Law firms will be a choice one has to cautiously make and take it up with full conviction to perform and learn. It is no longer an option to try and then decide. The market is edgy as the supply is more than the demand, with so many law colleges, lawyers will have to go an extra mile to secure roles and progress with firms.