Super Lawyer

Category: Interviews

  • Shashank Garg, Partner, Advani & Co., on being a first generation lawyer, and his experience in litigation, arbitration, and commercial law

    Shashank Garg, Partner, Advani & Co., on being a first generation lawyer, and his experience in litigation, arbitration, and commercial law

    Shashank Garg is a graduate from Guru Gobind Singh Indraprastha University, batch of 2008. Since then, he has worked at Parag Tripathi Law Chambers, Accendo Law Partners, Advani & Co., among others. He has represented the state of UP as well as the central government before the Supreme Court of India. He then went on to pursue his Master’s degree from the University of Nottingham in 2008, with a focus on International Commercial Law.

    In this interview, we speak to him about:

    • Being a first generation lawyer
    • His experience in arbitration, litigation, and commercial law
    • His successful publications, and studying in the UK

    Please introduce yourself to our readers.

    I am an avid traveler by choice, and a commercial lawyer for nine years by profession.

     

    Were you always inclined towards law?

    I zeroed in on law after eliminating all other possible alternatives. My parents had given up on me after they noticed my general apathy towards anything that involved reading or writing. Funnily enough I ended up choosing law where both the things I hated as a kid became an indispensable part of the job. I am a first generation lawyer and frankly that is a blessing in many ways as you can carve out your own path without the pressure of any standards/expectations set out by your elders in the profession. I studied at USLLS (GGSIP University, Delhi) which gave us enormous exposure. The energy on campus was infectious, to say the least. Diverse internships, conferences, moots and other events that I was involved in helped me crystallize my interest towards litigation.

     

    How did you start your legal career?

    I was amongst the lucky few who got the opportunity to wear the robe for the first time at the Chambers of Mr. Harish Salve, where I was already an intern before graduating. I proceeded to do my masters in a few months thereafter but that short experience reinforced my liking for litigation. My masters was in International Commercial Laws from the University of Nottingham, U.K, which was my real introduction to the world of commercial law. However, on my return I joined the chambers of Mr. Parag Tripathi, Sr. Advocate, (then Additional Solicitor General of India) which meant dipping into to the deep ocean of litigation, since he was a government law officer. The chamber used to deal with more than twenty matters on admission days in the Supreme Court. Mr. Tripathi is a tough taskmaster but it was an overwhelming experience. I soon decided to set up an office with two friends (Apar & Animesh) and we founded Accendo Law Partners. We were inexperienced but had a lot patience and energy to make it work. I can’t say if it really worked the way we wanted it to but it was certainly a rewarding journey. We merged with Advani & Co. where our practice became more about hardcore commercial disputes. This meant less of court and more of arbitration but this was in no way any less exciting than litigation. I would say arbitration is a sophisticated version of litigation in terms of action; I now do a balanced mix of both.

     

    Tell us about your time in Nottingham.

    Going for masters was an impulsive decision that I thoroughly enjoyed. I made friends with new subjects; ones that I didn’t think were my cup of tea. I was taught Commercial Conflict of Laws by Prof. James Fawcett (author of Cheshire on Private International Law). He is a true legend of the subject. I did my dissertation under him and received distinction. This was my first exposure to world class learning. The faculty teaches so passionately that it motivates every student to perform better. We cannot deny the fact that most law schools in India lack such levels of commitment by faculty members; this is the first big difference you get when you choose to study abroad. Exposure to a foreign university is a great addition to your skill set, however it really depends on an individual how much he can make out of this one year. LL.M. from an Indian university is a great option too since it has been reduced to a year now and most National Law Schools offer very interesting and niche areas for masters programs. One needs to understand what a masters degree is to be able to make this informed choice. Students often take it as an extension of student life by a year but in reality it is deeper understanding of few subjects that you may want to take up as a career choice. I would strongly urge students to go for masters after three to four years into the profession, when they have found their area of interest. It’s always easier to do your masters in a subject that you are practising in then to come back and find a job in the subject area you did your masters in.

     

    Could you talk to us about the certificate courses you pursued?

    (Shashank went to Hague Academy for the summer course on private international law in 2009 on scholarship and then took up some more certificate courses internationally.)

    I applied to Hague academy while I was doing my masters in U.K and my letter of recommendation was written by Prof. James Fawcett. I feel that his LoR made the difference, Professors of his repute do not write LoRs often. I was informed by the academy that I have been awarded complete scholarship for the course which meant my course fee, my air travel and my stay in Netherlands was paid for by the academy. After coming back to India, I decided to take up new avenues to learn and hone my legal acumen. I attended Certificate Mediation training organized by ADR Group UK which made me a certified civil and commercial mediator, I also attended the 12th Arbitration Academy at University of Cologne, Germany. Even today I try and make a couple of academic trips in a year whether it is to judge an international moot or to speak at a law school. This keeps me connected to the academic world in many ways.

    What are your thoughts on arbitration in India?

    (Shashank is currently associated with various ADR bodies like IAF, PACT, KCIA and Arbitration Sub-committee of IBA.)

    Arbitration in India is the talk of the decade. Fortunately this decade has seen a lot of positive change. We have seen the amended law in arbitration which was brought to imbibe more confidence in the end users. However, with that noble thought our legislature proceeded in an over-zealous manner, thus creating a rather impractical scenario of arbitration instead. The Arbitration is here to stay and thus the courts and charming lawyers are finding innovative solutions to the problems being posed by amended law. Courts in India, especially New Delhi, have to be given their due credit in making arbitration stand tall and firm. We are also witnessing rapid growth of institutionalized arbitration in India, with most PSUs using ICC, SIAC or LCIA clauses in their commercial contracts with foreign parties. MCIA at Mumbai is certainly a fresh breath of air in this environment with world class facilities and some of the top people worldwide endorsing it to be the next big thing in the Asian region.

    Practise of arbitration is distinct from litigation. Unless you do arbitration the way it’s to be done, you wouldn’t notice the difference. Sadly, many civil lawyers doing arbitration have made CPC their Bible for all practical purposes, causing confusion of concepts amongst law students and young lawyers. The most important thing to keep in mind for practising Arbitration is the fact that it is a private justice delivery system with the backing of law.

     

    In your opinion, what skills have contributed the most to your success?

    I would not call my experience a lot but yes I had the good fortune of exposing myself to diverse fields, I authored a book titled Tourism Laws in India in 2013 for travelers to have a ready compendium of laws that they may need during their journey in India as a tourist. The second edition is likely to come this year by May. My other book on ADR is being published by Oxford University Press and should be out by July 2017. Moreover, I am working on another book which is being published by EBC on Criminal Investigation and prosecution. Recently I contributed to the LexisNexis publication on arbitration that was published for Niti Ayog. In my practice, other than commercial arbitration, I am doing criminal law, media and entertainment law and aviation law as well. Diversity comes from curiosity; I have been curious about my limits, interests, and capabilities, and in this process I have gained tremendous amount of confidence in dealing with my limitations.

    Being a first generation lawyer one should prepare for an adventure. If you go the traditional way, you are likely to give up soon as the charms and gifts of the legal profession take time to come by your side. Be self aware and work towards your shortcomings by accepting them and not by covering them up. Perseverance and commitment are the two key skills that should be learnt at an early stage in your career. As a lawyer, your communication is your identity, whether written or oral; be clear and crisp in that to create a strong impression. Simple steps such as reading the newspaper can help you develop awareness of issues around you giving you confidence to communicate in any setup. Use your time carefully when you intern as those are the places you can afford to make mistakes and create opportunities for yourself.

     

    Did you also engage in any extra-curricular activities as a student?

    As a student I focused on anything that was new and challenging, I would not call these activities extracurricular as such. Our law school was quite new and we were the third batch to come in, I decided to make a mark for the law school by organizing various events such as international moots, (Jessup, North India) and the Law Lecture series (lectures were delivered by: Justice R.C Lahoti then Chief Justice of India, Mr. KK Venugopal, Mr. Soli Sorabjee, Dr. L.M Singhvi, Mr. R.K Jain, Mr. Ram Jethmalani and Mr. Harish Salve). I really doubt if any law school in the country has had all these legends coming to speak at their campus. We did many such things with the help of great batch mates and highly reliable juniors. In fact, my student life at the law school was more outside the classroom than inside.  My current hobbies would include travelling and sleeping as much as I can – I hope I don’t have to change any of these in future also.

     

    Talk to us about your resume as it stands today.

    I have been a chamber junior at litigation chambers; I have been a partner at my own start-up followed by being a partner at a 30 year old arbitration specialist law firm and then being a partner at another more than 30 year old traditional commercial litigation law firm. The journey was exhilarating; each place had its own character and persona. Today I am wearing multiple hats and happily so–Partner-In Charge for Advani & Co. Delhi, Spl. Counsel for Delhi Development Authority, and Standing Counsel for State of Goa are some of my active roles.

    A resume/CV should not exceed two pages and in rare cases, three. For a fresher applying for a job or for a student applying for an internship their resume/CV is their face for the prospective employer and most decisions are taken by way of elimination. In other words given the heavy application load, HR of firms often look for mistakes in the resume to trash it so that only most serious and sincere students make it.

    As a tip, keep it clean and honest (removing achievements of school life and things that are unlikely to matter to your employer).You should be able to answer everything on your CV as the puffery used in CVs is often detected by the interviewer. No particular aspect can be considered more important than other as all of it would depend on where you are applying and what is your choice of practice area. As a matter of practise: academics, internships, publications, extracurricular would together form a complete CV.

     

    What do you think is the best way for students to prepare themselves for the professional world?

    The first step is realization; the sooner a student realizes that he has to step into the professional world after law school is over, the better it is. Many students realize this in the last semester and by then it gets too late to build a formidable CV. Also, during internships you should identify areas you don’t like instead of areas you like, this way you keep many options open by eliminating areas that are not your cup of tea. First two years will be intense and harsh and the same should be treated as training on a stipend to feel better about it. Your internships will give you a preview of what you are likely to see when you join an office. No work in office should be considered below your dignity–standing in queues, picking up files, photocopying, etc. are some of the usual tasks in the early years of the profession.

    I was prepared for it all but yes, it is never enough. You feel the pressure of deadlines like never before as these are real clients and real cases. Weekends and friends can suddenly become a myth and sleep is your only craving. But it all gets better with time and you start enjoying the pressure.

     

    Tell us a little about your internships.

    Being a first generation lawyer, internships were the first thing I focused on. I had no network or contacts to get into prestigious firms and chambers. So I decided to create opportunities instead of waiting for them. I interned with Sr. Advocates like Shanti Bhushan, Collin Gonsalves, Harish Salve, Iqbal Chagla, M.N Krishnamani and K.K Venugopal, and firms like AZB & Partners, Vaish & Associates, and Archilex Law Corporation in Singapore. I also interned at NHRC and Securities Appellate Tribunal, Mumbai. Each internship opened new avenues of opportunities. Since most of my internships were with senior counsels in Supreme Court I was sufficiently prepared for my role as a junior counsel or at least I thought so.

    There was so much to learn at each of these places, I learnt core professional values while getting exposed to the various nuances of legal world. It is difficult to spell out what I had learnt but I learnt an important lesson that winning the court is different and far more important than winning the client.

     

    Any last piece of advice for our young readers?

    There is no dearth of work in this profession but there still is cut throat competition. Getting insecure is the last thing you should do when you begin you career. Let your long term career goals chart out your short term career choices and not the other way round. If you get a chance to work at a good office which offers you comfort and mentoring both, do not be in a hurry to leave it for a fatter pay cheque.

     

  • Rajas Pingle, Partner, Netlawgic Legal Services, on his passion for technology and the state of cyber law in India

    Rajas Pingle, Partner, Netlawgic Legal Services, on his passion for technology and the state of cyber law in India

    Rajas Pingle graduated from ILS Law College in the year 2011. Since then he’s been visiting lecturer at (DSCI – NASSCOM) India Cyber Lab – Pune, and cyber lawyer at the District/Session Court (Pune)  Bombay High Court and Adjudicating Officer (IT ACT). He is currently Partner at Netlawgic Legal Services, offering services to combat cyber crimes, computer security related incidents, corporate espionage, financial frauds, data theft, hacking , computer security related issues, among others. 

    In this interview we speak to him about:

    • Combining technology with law
    • The state of cyber law in India and what he would like to change
    • Training the police force and being invited to the Rajya Sabha

     

    How would you introduce yourself to our readers?

    In a nutshell there is only one word which defines me, ‘TechnoLawgy’. I have been practicing Information Technology Law for more than six years and have handled almost every type of cybercrime case. I also conduct training sessions for various government organisations and corporates in India and abroad pertaining to Cyber Law and cyber crime. As they say, “Any sufficiently advanced technology is indistinguishable from magic”. Likewise my love for technology drives me to learn new things every day and to discover this magic.

     

    What motivated you to take up law as your choice of career? Have you always been inclined to a career in this field?

    I have been a technology nerd from the early ages of my life with no intentions whatsoever in pursuing law as a career. Since my parents were practicing lawyers I got into law school. The first two years went by but I lacked precision. It was only in the third year of law, you can say as Buddha obtained enlightenment, I obtained my illumination when I got introduced to this amazing world of Information Technology Laws (Cyber Laws). That was the turning point in my life and from that day forward, I was certain that I am going to pursue cyber law as my profession in an attempt to combine my technology knowledge with law. When career and passion comes together, work doesn’t seem like work anymore.

     

    Please tell us a bit about the internships you took up during your legal education.

    Candidly, I did not join any lawyer or apply for an internship in a reputed law firm as every ideal law student does. I earnestly desired to do something different so I applied for an internship in DSCI- (Data Security Council of India), Pune Cyber Lab. It is a joint initiative of NASSCOM and DSCI. The lab was mainly established to train police officers in the area of technology and information technology laws. I used to teach information technology laws to police officers. I learnt a lot from this experience, especially real time challenges faced by police officers while investigating cybercrimes. In addition to interning at DSCI-NASSCOM Pune Cyber Lab, I also used to visit court with my father to learn about the court procedure and it helped a lot. I would say that all this helped groom me as a better lawyer.

     

    How does one acquire expertise in an inter-disciplinary field like information technology law in understanding both the legal and technical aspects that go hand in hand?

    Interactions on real time cybercrime cases with police officers while teaching them information technology law proved beneficial for me as it supplemented my theoretical knowledge with practical experience. Furthermore, while pursuing law I completed following independent courses:

    • Diploma in Cyber Law
    • PG Diploma in Cyber Law
    • Certified Cyber Crime Investigator
    • Certified Ethical Hacker
    • PG Diploma in IPR

    These courses were both technical and legal in nature which helped me to expand my knowledge base. In the course of my journey, I realised technology is like oxygen- ubiquitous, necessary and invisible and thus it is equally important to be apprised of all latest trends in the field.

     

    Do you think that the present legal framework in India adequately addresses the growing forms of cyber crimes?

    For every lock, there is someone out there trying to pick it or break in. Information technology alone cannot provide us an absolute shield against its evil twin disinformation technology. Our only protection is law. Information Technology Act was introduced in the year 2000 and it was the first technology related legislation in India. Thereafter, in 2008 the Act was substantially amended to include various offences and definitions. The technology is progressing at a very fast pace and the modus operandi of the perpetrator is ever changing and evolving with the technology. Considering these factors, eight years is too long for amendment. If we consider the investigation perspective, many changes are required to increase the conviction rate. Moreover, as per my observation India is a country where people don’t give that much importance to their personal information. One can read in the news every day, how US and EU emphasize on their data protection laws being well established and stringent while in India we don’t even have a data protection regime in place or separate legislation on privacy. We are yet again completing the eight years cycle, let’s hope for a comprehensive amendment soon.

    Share with us your experiences practicing as a cyber-lawyer before the Bombay High Court and the Adjudicating Officer under the IT Act.

    Proceedings before the Adjudicating Officer are largely based on few provisions of the Information Technology Act and the principles of natural justice. As per the law, the Adjudicating Officer needs to pass a final order within six months from the date of filing. Unfortunately it is very rarely followed. In addition to delays, the Cyber Appellate Tribunal has been out of function for the last five years or so. Under the present system, one needs to approach the High Court directly for an appeal from the order passed by the Adjudicating Officer. With not much precedent in the sector, the practice is certainly demanding and engaging. As far as preparation is concerned, I have to look at the case from both angles i.e. technical and legal. Coming to the preparation of complaint, it is always better to simplify the drafting as far as possible to an understandable format instead of using all technical terms.

            

    You have been invited by the Rajya Sabha to review the IT Act. Could you please tell us about it?

    I was invited by the Rajya Sabha committee on petitions to give my views on the topic of ‘Cyber Pornography’. The agenda for discussion was “To put a check on Cyber Pornography among children by amending the IT Act, 2000”. The current Information Technology Act does not completely prohibit pornography and private consumption is not punishable. There was productive discussion between cyber law experts and legislative members and I was asked to submit a note on the same.

     

    What has your experience been like while representing international clients and successfully arguing international cyber law cases?

    I am very fortunate to receive international exposure at the early stages. I have successfully represented clients from Texas, New York, and Puerto Rico in various cyber law cases and also mediation. With hard work and luck on my side, I was successful in recovering respectable settlement figures for my clients against U.S. and Japan based companies in the matter of unauthorised copying of data. Additionally, I am closely working with international clients with offices in India and abroad. While handling international clients, I observed stark differences in their working style and culture. Furthermore, I got exposure to diverse laws which assist you to compare your country’s position in relation to such international issues. Overall it’s been a wonderful journey so far.

     

    Tell us about your role as Partner at Netlawgic Legal Services LLP. What does a typical work day look like for you?

    I started Netlawgic with the sole intention to provide Techno Legal solutions to the industry. Our focus and experience in both areas of Cyber Crime Investigation and Technology law, allows us to provide our clients with specialized attention and problem solving in all aspects of Technology law. That said, I start my day with reading e-news articles regarding cybercrimes across the globe, to keep the zest of learning alive and thus keep myself updated. Rest of the day is pretty simple with meetings, court and office.

     

    How has your experience in academia been?

    (Rajas has worked with several governmental and non-governmental organizations in training officers in cyber law. He also teaches cyber law at national and international educational institutions.)

    Education is the most powerful weapon which you can use to change the world. Teaching is one of the things I love and whenever I get time I allot it for teaching. While teaching I cultivate new learnings, ignite the imagination and instil creative expressions. It is a very satisfying experience, especially when I have healthy debates among students/officers on different aspects of cybercrime and cyber law. I also tend to learn a lot from these debates. It’s a completely different experience when I teach in international institutes as the exchange of knowledge is on the global platform and is a synthesis of varied legal practices and procedures. It would be difficult for me to choose between the two, I would love to keep doing both, practice information technology law and pass on that knowledge through teaching.

    How do you manage your time, juggling various roles?

    It is said that time and tide wait for none. Based on my experience, I can say that time management is the greatest virtue and the one who learns to manage it effectively will go many milestones in life. I am still learning to manage the same. Many a time, there are clashes among court dates, meetings and lectures on the table, especially when I travel abroad to deliver lectures. In this situation I have to prioritize and move forward accordingly.

     

    Do you have any role models/ guides or mentors in the industry?

    I learnt a lot about technology from my brother Mr. Harshad Pingle who is an engineer by profession. Other than my brother, Mr. Sandip Gadiya who is a well renowned Cyber Crime Investigator in India guided me along the way. His knowledge in cybercrime investigation helped me gain deeper insight of cybercrime investigation and for that I am eternally grateful to him. It is definitely helpful to have someone to take advice from when you are starting your career. What is important in the end is that you should keep on learning and always learn from your mistakes while moving forward.

     

    What would be your parting message to our readers?

    I want to quote Steve Jobs here “Sometimes when you innovate, you make mistakes. It is best to admit them quickly, and get on with improving your other innovations”. The same logic is applicable in law practice, you make mistakes, you learn from them and move on. Ultimately find something which you can relate to and love doing. Don’t be a part of the rat race.

     

  • Sahil Yadav, Associate, Ladas and Parry, on IP Law, the New York Bar and working in the US

    Sahil Yadav, Associate, Ladas and Parry, on IP Law, the New York Bar and working in the US

    Sahil Yadav is a graduate in law from Symbiosis Law School, Pune, batch of 2010. After successful stints with Ranjan Narula Associates, IP Gurus, and Sujata Chaudhri IP Attorneys,  he went on to pursue his Master’s degree in Law, Science and Technology. He is an intellectual property lawyer with over five years of experience in trademark and copyright law in India. Since August, 2016, he has also been working with an intellectual property boutique law firm in New York. He is currently Associate at Ladas and Parry, LPP.

    In this interview we speak to him about:

    • Finding his passion in IP Law
    • Clearing the New York Bar, getting a work permit and working in the US
    • The importance of writing consistently

    Kindly tell us something about your school and college days.

    I was schooled at Delhi Public School, R.K. Puram and I pursued the commerce stream although I was always passionate about computing and technology. At Symbiosis Law School, when I first started, I honestly wasn’t sure what kind of a lawyer I wanted to be. That indecisiveness led me to explore internships with various firms to see what piqued my interested. The turning point in my life was an internship at Anand and Anand in my second year of law school as I grew an instant connection with trademark and copyright law there. I never looked back and continued gaining more experience at IP law firms and I would say that was the most important aspect of my law school life.

     

    Tell us something about your summer school experience in University of New Hampshire Law School (formerly Franklin Pierce Law Center).

    The summer school at Franklin Pierce Law Center was a great experience. I applied for the one month program when I was in the fourth year of law school because by that time I had decided that I want a career in intellectual property law. For information, it is possible to apply for the course on the University of New Hampshire’s website by filling an application, preparing a statement of motivation and submitting your transcripts. It is quite competitive because it only lets in, on an average, around 30 students every year.

    The summer school was very flexible and I could complete up to three courses of my liking in over a month. It helped me get a taste of western education and learn about intellectual property laws around the world. At the time, my law school did not have any international and comparative courses on intellectual property law and I believe taking such courses at the summer school definitely gave me a competitive edge in terms of having a basic idea of international laws.

    Apart from the actual studying, the summer school is always great to make connections and networks even before your career has started. A testament to that is the fact that I went on to be hired by an alumni of Franklin Pierce Law Center and later by one of the adjunct professors at the summer school!

     

    What according to you should be an indicator in deciding one’s area of practice post-graduation?

    Based on my personal experiences, I would recommend law students today to intern as much as they can in different types of practices. Law school in India is very different from actual practice and if one tries gaining practical experiences in different settings, one is bound to stumble upon that eureka moment when one knows where their passion lies.

    Having said that, while passion is definitely the most important factor, I would also recommend law students to speak as much as they can to alumni to gauge which areas of practice are hot and which are not. The popularity and earning potential in practice areas varies over the years so as a law student, you want to be sure you’re getting into something that would not only fuel your passion but also match your financial and growth based objectives.

     

    Can you tell us about your internship experience?

    Internships have had an integral role to play in my career. I can’t stress enough how important they are. At the outset, it helped me in honing in on the area of law I was passionate for. Additionally, because I had completed sixteen internships by the time I graduated, I felt I was up to speed with the practical aspects when I started my first job after law school. I felt that my learning curve was more inclined and I was able to excel at what I did initially. I had varied experiences with different law firms. While some were outstanding, some, not so much. The internship programs at some law firms are frustrating as they only entail clerical work which does not aid in enhancing learning while at others you get to work almost at the level of an associate. It is important for law students to research on internship programs at various law firms and read reviews posted by fellow students online before committing to an internship so that it can meet their expectations.

     

    When did you know that you wanted to pursue IP Law?

    To be honest, up until my second year I was still not very certain of which area of law captured my imagination. This was until my first internship at an IP boutique law firm. I remember working on a trademark case involving the Power Rangers, a Disney property. Being a childhood Power Rangers fan, the idea of protecting the brand from counterfeit merchandise was very exciting. It also made me realize that I have a marketing bent and from then on, I focused on trademark law. This just goes to show that the moment you decide which area of law you want to focus on can sneak up on you without you knowing or planning for it!

     

    Do you think that it is important for law students to intern at various law firms in various fields of law?

    This is not a very complicated question to answer. In an ideal world, I would advise law students to experiment as much as they can to dabble in as many different areas of law as possible in the first two year of law school. Hopefully by then, you will have zeroed in on the area of law you want to specialize in. Once you have that, it makes a lot of sense to focus on that practice area and spend the last two years of your law school in an attempt to gain as much practical experience as possible. As someone who has sat in on interviews to hire freshers right out of law school for an IP boutique that I worked for, I can tell you that it is very comforting to see on a CV that the candidate has focused on IP in his or her final few years of law school. The legal environment nowadays is competitive and you need practical experience to gain an edge in the hiring process. Another important pointer for law students is not to go for big names when it comes to internships and focus on workplaces where they will be able to obtain actual practical knowledge. IP as a fraternity in India is a small one and I can say with confidence that firms look for practical experience more than big names on your CV.

     

    Please share with our readers your experience of working at various IPR boutique firms.

    I started my career with IP Gurus, a small sized IP boutique which was eventually acquired by Anand and Anand. This stint holds a dear place in my heart. I had just graduated from law school and after months of struggle, I was hired by the firm on a retainer of INR 16,000 a month. I was unhappy with the remuneration I was being offered and felt like I had been a failure. All that quickly evaporated as I was thrown into the deep end. Three months into my career, I was asked to prepare the first lawsuit on protection of a trade dress in product configuration. The firm was only five people strong and the one year at IP Gurus exposed me to so much in terms of practical experience, I had a new found confidence in my abilities.

    I then moved to Ranjan Narula Associates which is a bigger law firm. This meant that although I handled a lot of matters, life was easier and the hours were more manageable. After a whirlwind of late nights and working weekends in IP Gurus, I thought this was what I wanted. But I quickly realized that I thrive in a more fast-paced environment.

    I moved back to IP Gurus when I heard that an ex-professor from the United States had moved back to India to head IP Gurus. I was given more responsibility and managed the trademark contentious team at the firm. The long hours were back and I couldn’t be happier feeling valued in the organization.

    I eventually moved with my ex-professor to set up her law firm, Sujat Chaudhri IP Attorneys, when IP Gurus was acquired by Anand and Anand. I had similar roles and responsibilities at the new firm but I was part of the process of setting up an entirely new law firm which was exciting and an experience not a lot of people can get at a young age. From choosing office space to deciding what IT systems and docketing software to use to build clients, I learnt how to do it all. After over a year of working with SCIP, I decided to head abroad for my masters degree.

     

    You have worked on the landmark case dealing with the protection of product configuration of the Rubik’s Cube. How would you describe your experience working on it?

    The landmark judgment in this case was recently delivered by the Delhi High Court, six years after I had drafted and filed the suit as a 21-years old right out of law school! It was partially in our favour so I’m excited for my ex-firm!

    It was the experience that defined my career as a lawyer, honestly. As previously mentioned, I was only three months into my career hoping to learn more basic things like trademark filings when I was entrusted with this matter because the only senior associate handling litigation had left without notice. It was my own little sink-or-swim moment. The matter was complicated as it was the first of its kind in India and there were no precedents or authorities to guide me under the Indian law.

    This was an opportunity for me to research on trade dress laws of many different countries to find precedents to support our positions. I had taken international comparative trademark law classes as part of a summer school in the US but this research was still the toughest thing I had ever done. In law school, all our legal research had been limited to Indian case law and this got me out of my comfort zone. It also exposed me to briefing senior counsel at a very young age and all of these experiences combined shaped my career.

     

    What prompted you to pursue post-graduation?

    IP Law and technology are more connected than people think! I always had a passion for technology. I completed a course in C++ as a twelve year old boy outside of school! I chose law, science and technology as my area for a post-graduation as I knew that the course would allow me to hone my already-existing skills in IP law and learn new skills in other upcoming technology law related areas. With the world moving towards artificial intelligence and big data, it is important for IP lawyers to keep abreast of this seismic shift. The course gave me exactly what I needed. I was able to take courses in my core strengths such as trademark and copyright allow. In addition, I also got to learn about very current and hot issues such as artificial intelligence, big data, net neutrality, internet of things, autonomous vehicles, etc.

     

    Is it true that one needs a Master’s degree, preferably from a foreign university, to land a job?

    I wouldn’t say a graduate degree is not enough to land a job in India. Based on personal experiences, I would urge law students to work for a few years before they make plans to study further and gain a masters’ degree. Once you’ve been in practice for a few years, you learn your strengths and weaknesses and know what you want to focus on. If you’re in that kind of a situation, a masters’ degree can be much more beneficial as you go into it with clear goals. If you go for a masters’ degree right after graduation, you’re bound to waste a lot of time dabbling in different things during your masters’ degree to find your niche or identify your goals. That is not what a masters’ degree is for. I don’t think a masters’ degree without any practical experience is that lucrative in India for employers. On the other hand, solid practical experience with a masters’ degree focused on your area of expertise can do wonders for your marketability.

     

    As an experienced lawyer in the field of IPR law in India, do you think that this field will expand/grow in the near future?

    Yes, of course. IP law in India is growing at an exponential rate! When I started working seven years ago, I always felt that Indian companies do not invest in IP as much as foreign companies do. While it is still true, the gap is narrowing. Indian companies are realizing the worth and important of IP to their business and this coupled with a concerted push by the government to make securing IP rights in India easier under the new National IPR Policy, makes me confident that IP in India will continue to grow and become more important in the next five years.

    In terms of the job market, I feel it has become very competitive and crowded. The supply of IP professionals far outweighs the demand. If law students choose this path, they could find themselves battling against a rough start. But as soon as they have some experience, they will find that the profession is very rewarding with multiple opportunities available.

    Practical experience is the single most important factor in landing a job in an IP boutique law firm. I would urge law students to intern with as many IP firms as they can.

    Additionally, I would advise that they look to take additional IP related courses outside their law school. This demonstrates a candidate’s commitment to IP law. The course offered by the World Intellectual Property Organization is an excellent example. They are inexpensive and can be completed from home.

    Tell us about the scholarship you secured at Stanford.

    (While pursuing his Masters at Stanford Law School Sahil participated at INTA’s Annual Saul Lefkowitz Memorial Moot Court Competition and won the annual INTA student scholarship.)

    I represented Stanford Law School at INTA’s Annual Saul Lefkowitz Memorial Moot Court Competition. What’s special about this competition is that it is the only moot court competition which solely focuses on trademark law. I encourage any law student who comes to the US to pursue a masters’ degree to participate in this event. Considering that you will be one of very few Indians in the competition, it is a nice way to pit yourselves against American law students on American trademark law. It gives you a taste of practicing trademark law in the United States and also tells you whether you are in shape to handle it.

    I did also win the annual INTA student scholarship as part of which I was flown to Orlando to attend INTA’s annual meeting. Before going into the scholarship program, I urge all law students interested in IP law to purchase a student membership to INTA. It is very inexpensive and opens up a lot of doors in terms of learning and networking opportunities. As for the scholarship, it is open to INTA student members and it is a brilliant way to get to attend the annual meeting which is usually out of reach of law students because it is held mostly outside India. The scholarship gave me a great opportunity to learn and network and also made me more marketable. As someone who has managed hiring, I can tell you that scholarships such as these on a candidate’s CV demonstrate a strong interest in IP law which is very desirable for a recruiter.

    Tell us about your experience working in the US.

    (Sahil passed the New York Bar Exam in July, 2016, and is currently working for Ladas and Larry, LLP.)

    The New York Bar Exam was the hardest thing I’ve ever done in my life. I don’t know what the difficulty level of the Indian Bar Exam is currently, but based on my experience of taking the Indian bar in 2010 and the New York bar in 2016, I can safely say that the New York bar is much tougher to clear. Although this can be a daunting thought, the flipside is that the more difficult an exam is to pass, the more prestigious it is and the more rewards it brings.

    The big difference between the Indian Bar Exam and the New York Bar exam apart from the difficulty level is the fact that the Indian Bar Exam only has objective type questions while the New York Bar Exam has objective type questions in addition to essay questions and practical exercises.

    My advice to law students planning to take the bar exam would be to start very early. You can start playing with the materials and acquainting yourselves with the forma, etc. even one year before you are scheduled to take the bar. Further, I would advise that law students take one of the bar review courses offered by BARBRI, Kaplan or Themis and start studying part-time four to five months in advance with the last two months being full-time study.

    I feel that Indian law students have an advantage with the New York bar exam. A lot of Americans struggle with the bar exam because law schools in the US do not focus on memorization and all of a sudden, when the bar exam comes around, they have to memorize astonishing volumes of material. We, on the other hand, have grown up memorizing material all throughout school and law school. Although this may be identified as a weakness in the Indian legal education system, it works in our favor in this specific context.

    Working in the United States is very different. There are fewer procedural inefficiencies in the legal system which allows lawyers to spend more time lawyering and less time dealing with government offices and courts to get things done. It is a refreshing change and one I’m enjoying. It is also much more financially rewarding compared to working in this field in India. Also, working in India in the IP field largely entails working on Indian law. Working in an international law firm exposes you to matters in jurisdictions around the world. In the short time I’ve been here, I have already handled matters in more than twenty different countries!

     

    Tell us about your interest in blogging.

    (Sahil has contributed to the World Trade Mark Review and is the co-editor of IP blog ipslate.com.)

    Blogging is a habit I inculcated very early on in my career. There was no specific moment that spurred me to do it. It was just me following valuable advice of more-experienced lawyers.

    Blogging serves three purposes for law students. First, in order to blog regularly, you research on current events and keep yourself abreast of all of the latest developments. Second, by writing more articles you make sure that you are constantly evolving your writing skills which is an integral part of being an IP lawyer. Finally, your blogs gaining visibility increases your marketability.

    What advice do you want to give to students and freshers who are planning to visit US for pursuing their Masters program?

    Obtaining a work visa in the United States is an uphill battle. A lot of law students come to the United States to become US qualified attorneys and work here only to get a rude shock when they put in all the effort and money to complete a master’s degree and pass the New York bar to find out they can’t stay in the country.

    My advice to law students would be to comprehensively research on the probability and possibility of obtaining a visa in the United States before deciding to come to the United States for a masters’ degree if they are interested in working here. You should walk into it with open eyes! Also, the key thing to obtain a job and a visa here is to start to work towards it early in your masters’ degree and network as much as you can in addition to exploiting the usual channels such as job postings, careers services office of your law school, etc.  Eventually, even if you manage to overcome all of these obstacles, whether you get a visa or not is still dependent on a random pick of the lottery so one should always be open to exploring other countries and not have all their eggs in one basket.

     

    Where do you want to see yourself ten years from now?

    I have modest goals! I want to see myself happy and doing what I love ten years from now.

     

    What final piece of advice do you want to pass on to law school aspirants, law students and freshers?

    I just want to take this opportunity to tell all of the law school aspirants out there that you have chosen a very well-respected field. With globalization set to affect the Indian legal industry in the next few years, it is an exciting time to be a lawyer in India. Don’t be afraid to think big, work hard, get as much exposure as you can and you will all eventually achieve what you set out to. If someone would have told me I would be a US-qualified lawyer living my dream when I had passed out from law school and started working for INR 16,000 per month, I wouldn’t have believed them! Anything is possible. If you need any guidance related to IP law as a career or becoming a US-qualified attorney, please feel free to reach out at sahily@alumni.stanford.edu and I will be happy to help.

     

  • Anas Tanwir Siddiqui, Advocate, Supreme Court, on enabling access to justice, heading the Legal Aid Committee, and practising in the Supreme Court

    Anas Tanwir Siddiqui, Advocate, Supreme Court, on enabling access to justice, heading the Legal Aid Committee, and practising in the Supreme Court

    Anas Tanwir Siddiqui graduated in law from RMLNLU, Lucknow, batch of 2012. He has since then served as Convener to the Legal Aid Committee, working in areas of free legal aid, RTI, infocracy, child rights, consumer protection, juvenile justice, etc. He is currently advocate at the Supreme Court of India, with over four years of litigation experience. A first generation lawyer, Siddiqui believes that enabling access to the legal system lies at the core of his practice. He has also just begun independent practice.

    In this interview we speak to him about:

    • Deciding to pursue law despite family pressuring otherwise
    • His life, curriculum and extracurricular engagements in RMLNLU
    • His tremendous contribution to the Legal Aid Committee, and setting up a paralegal system of assistance in his university
    • His belief that at the core of litigation lies the intention to enable access to justice for all

     

    What would you like to say to our readers in the manner of an introduction of yourself?

    I am just a struggling lawyer who has faced and is still facing all the struggles that a young lawyer faces during his initial days.

     

    What inspired you to take up law? Did you have to deal with any resistance from family or friends while making that decision?

    Law was never really my first career choice. As any other teenager, I was pressurized into taking science at 10+2 level. So I also opted for PCB and as a natural progression I appeared for medical entrances, couple of which I miraculously cracked as well. However, I was never really interested in becoming a doctor. My family, especially my mother and my uncles, were really supportive, although my father had his apprehensions. The main idea behind opting for law as a career choice was that it gave me the freedom to read and know everything. A law student is never limited to reading law only. Law as a course satisfied my intellectual craving.

     

    Tell us about your life as a law student at RMNLU.

    Life in RMLNLU was more fun than work. I was never a studious student. However, law school gave me a platform which shaped my personality. When I entered law school there wasn’t much “law school culture”. As we were the second batch and the admissions were not through CLAT back then, the law school culture was absent. There wasn’t any mooting culture or any co-curricular activities. I had resolved from the very first day in RMLNLU that I will utilise every opportunity that this place provides. Much credit goes to La Martiniere Boys’ College, Lucknow, also for giving me the confidence to take initiatives. So with time things got streamlined and RMLNLU was a strong force among the law schools. We were fortunate to have some really good faculty like Prof. A.P. Singh, Prof. K.A. Pandey, Prof. Manwendra Tiwari, etc. The then Vice Chancellor Prof. Balraj Chauhan was also very supportive of the students. We started participating in mooting activity without much guidance. We learnt from our mistakes. In a nutshell, the life at RMLNLU gave me the confidence to lead and be vocal about my opinion.

     

    What are the causes you feel strongly about? How have you used you legal expertise in working towards them?

    So when I was forced by my father to leave Lucknow and practice in the Supreme Court, he asked me to be a means for the poor to access the highest court of justice. He told me that I should never say no to a brief just because the client cannot afford to pay fees. I myself having been involved with the free legal aid movement felt strongly about the same. So today most of the cases I fight are for those who generally don’t have the resources to access the justice system. I frequently represent the people declared as foreigners by Foreigners Tribunal in Assam. I also feel very strongly about the arbitrariness of government or its failure to control the fringe elements hell bent on destroying secularism in our country. Same is my view about the nepotism that is prevalent in the judiciary even though I myself belong to the same fraternity. So in this regard I have filed, strategized and appeared for causes pertaining to the same.

     

    Throughout your time at college you have enjoyed authoring essays and papers. How did you find an affinity for legal writing? How do those skills help you in your career today?

    The affinity for legal writing stems mainly from my interest in literature. I read a lot and a natural progression of reading a lot, is writing. Honestly, most of the essays and papers authored by me were more because of the pressure from a friend or for building up a strong resume. So the skills that I developed in law school now help me in drafting. Before becoming independent I have worked with three Advocates On record. The major part of the job profile while working as a junior to an AoR is drafting and this is where my prior experience of legal writing came in handy. Also, before writing any article or essay one needs to think a lot on the issue along with researching, these two skills are very important while drafting an SLP or Writ.

     

    You have participated and placed in several MUNs, moots and held several organizational positions during your time at law school. What did you learn from these activities?

    Mooting taught me to think like a lawyer and it took out the fear of public speaking or appearing before courts. In moots as well as in courts, you need to have spontaneity, an ability that developed due to my participation in moots and MUNs. I was lucky that I got the opportunity to appear before the Supreme Court in my initial days and I was not hesitant about arguing a matter anywhere. As far as holding organisational positions is concerned, I learnt leadership as well as being a team player from the same. The underlining factor of my participation in different committees was the idea of giving back to the institute. Any educational institution is known by its students and it was just a duty upon us to take RMLNLU forward and create a brand.

     

    What do you think the present status of legal aid is in India?

    (Anas has served as convener to the Legal Aid Committee for three years, working in areas of free legal aid, RTI, infocracy, child rights, consumer protection, juvenile justice, etc. )

    Last evening I had a chance to watch the video directed by Prakash Jha promoting legal aid in the country. NALSA is reinventing itself and is doing a great job. Having said that, it is very disturbing that most Indians even today don’t have access to justice. People are scared of going to courts or dealing with lawyers. This issue needs to be resolved and it can only be done by making people aware of their rights. My initiative was mostly inspired by the fact that as a kid I used to attend the legal aid clinics organised by various District Courts in Uttar Pradesh under the aegis of UPSLSA. My father was also a member secretary and their motto was “Nyaya chala Nirdhan se Milne”. I was greatly helped by Justice Sudhir Saxena who was then the Member Secretary of UPSLSA when we were trying to establish the Legal Aid Committee. As far as students’ contribution is concerned, I am really happy to announce that the Legal Aid Committee at RMLNLU has started a paralegal program and many students have joined the same. They sit at the assigned place right outside the university campus daily and provide legal aid to the needy. If the same model gets implemented in all law schools, it could be revolutionary.

     

    Could you share with us some of the highlights from your experiences as an intern during your legal education?

    I was lucky to intern in three major sectors like NGOs, corporate houses and litigation. The three sectors are very different from each other. While interning at Aman Biradri, I got a firsthand experience of the suffering of the street children. During my stint under Mr. Yashowardhan Swarup, I learnt about the intricacies of litigation, especially how to deal with a client.

     

    What motivated you to choose litigation over your other options?

    I am very old school. Litigation was my first choice. I firmly hold the belief that litigation is a service, and not a business. The idea that my skills can be utilised for those who have no access to justice was in itself a great motivation.

     

    As a litigating lawyer having worked on several cases, could you share with some of the judgments you have read that have shaped you as a lawyer.

    It may sound clichéd but the minority judgment of Justice H.R. Khanna in the ADM Jabalpur Case had a profound influence on me. Another Judgment that I find to be of great motivation is that of Brown vs. Board of Education, a judgment rendered by the U.S. Supreme Court ending racial segregation in educational institutions. Apart from judgments, two books that I feel every lawyer, especially young lawyers must read is Roses in December by the inimitable M.C. Chagla and Before Memory Fades by living legend Fali.S. Nariman.

     

    The first few years after graduation are considered to the most challenging . How are you coping with these challenges?

    It’s true that the first few years after graduation are most challenging especially if you’re in litigation and are living away from family. I remember travelling in DTC buses for two years and trying to cut expenses. Work is hard to come by, money even harder. Also, law school is a very protected environment whereas the world outside is harsh. Survival is a challenge. I have seen my friends and colleagues leaving litigation for good in their initial years. The only way to cope with these challenges is by constantly reminding oneself of the objective that one has in mind. One must also not let anyone dissuade you from your aim. When you enter litigation you earn much less and work harder than your friends working in a law firm or a corporate house. It becomes difficult to not give in to frustration and despair. One must remember that patience and perseverance is the key.

     

    You have argued before the High Court and Supreme Court.  How do you prepare yourself before an appearance?

    I read. I read my brief at least two to three times before standing at the bar. Also one must learn from what to say and even more importantly, what not to say in court. This is something that only comes with experience. Also one must always prepare case notes and do independent research beyond what is given in the brief. The art of advocacy is very much like acting. You need to get into the shoes of your client. You need to imagine all the possible queries from the bench. In the Supreme Court, you don’t get much time to put your point across so you must be very careful while choosing your opening lines.

     

    What has the experience been like working at the office of Adv. Ejaz Maqbool?

    Ejaz Sir was my first senior. He is known to be a hard taskmaster. He was very particular about grammar and I learnt whatever little drafting I know from him. He believes that the only way to work is by actually doing work, which is why he would often push us into difficult spots, just so we may learn in the process. I was lucky to have been a part of some very important cases like the Sohrabuddin Encounter case, Gujarat Lokayukta Case, etc. Ejaz Sir’s office is rife with opportunity.  Most importantly, I was lucky to have some really good senior colleagues who taught me a lot. I owe to them much more than I owe anyone in the profession.

     

    Tell us a bit about the nature of work you did at the office of Adv. Fuzail Ahmed. What does a typical work day look like for you?

    Fuzail Ayyubi’s office was like a home to me. I worked there for more than three years. Fuzail Sir’s office gave me the freedom and confidence to trust my work. Also the variety of work there was a huge factor in developing my legal acumen. I have never seen a lawyer as calm as Fuzail Ayyubi. In my three year long stint in his office I rarely saw him angry. A typical work day started with going to the Supreme Court to attend the matters and coming back to office and working on the matters to be prepared and drafted.

     

    Congratulations on starting your independent practice as of 2017! What prompted you to take that step?

    It was the motivation of Fuzail Ayyubi and support of Mr. Sanjay Hegde, Senior Advocate, that gave me the confidence to start my independent practice. Sanjay Sir has been really magnanimous to let me operate independently from his office under the British Chamber System. This is a very novel experiment that he is conducting and is a really good opportunity for young lawyers like me. I have been practicing exclusively in Supreme Court for a long time and now I intend to practice in other courts and tribunals. I will continue with my social justice litigation alongside commercial litigation and arbitrations.

    What would you like to say to our readers who are mostly students and young lawyers, as a parting message?

    To students I would like to say that the opportunities that you get in law schools shape your personality. Do everything that law school offers. Participate in moots, write research papers and get them published. You’ll never get such an opportunity again. To lawyers younger than me I’ll tell them that lack of means is no excuse. Anyone who works hard will eventually succeed.

     

     

  • Yogendra K. Batra, Retd. Commissioner of Income Tax , on teaching at ILNU and on building a successful career

    Mr. Yogendra K. Batra retired as Principal Commissioner of Income Tax, Ahmedabad, in 2015, and is currently teaching at the Institute of Law, Nirma University, Ahmedabad. From heading all the top posts in the Income Tax Department to teaching undergraduate and postgraduate students, his expertise in the field of income tax law is unparalleled.

    In this interview he talks to us about:

    • His decision to join Income Revenue Services (IRS) over IPS
    • His views on the current tax laws in India and their implementation.
    • His decision to take up teaching post retirement and his experience thus far
    • His views on the Institute of Law, Nirma University, its teaching methods, and its students

     

    How would you introduce yourself to our readers?

    I consider myself a learner and seeker of knowledge and that is how I would like people to know me.

     

    Can you tell our readers a little about your illustrious career?

    I started my career as a Lecturer of Economics at DAV (PG) College, Bulandshahr, and subsequently joined SSV (PG) College, Hapur. In my pursuit for excellence, I kept preparing for Civil services and UP PCS exams. In 1983 I was selected in UP PCS (Accounts) and in 1984 I was selected for the Civil Services and obtained a rank of 206. I joined the Indian Revenue Service and after a training of almost twenty months at the Lal Bhadur Shastri National Academy of Administration, Mussorie and the National Academy of Direct Taxes, Nagpur I joined the Income tax Department in Delhi and in the very first year itself I was posted as the Assistant Commissioner of Income tax (Investigation Circle) wherein I was assigned the work relating to assessment of cases where search seizure operations were carried out. I also acted as Under Secretary, Tax Policy and Legislation under the Central Board of Direct Taxes and contributed to four financial bills (1991-1994). I retired as the Principal Commissioner of Income tax, Ahmedabad, in the year 2015. I have now taken up the role of teaching young minds and mentoring them in their pursuit of excellence.

     

    You chose the Income Tax Department over the Indian Police Service. What motivated this decision?

    I got the 206th rank in Civil Services Exams of 1983 and was more than eligible for Indian Police Services. I preferred Income tax (IRS) because I wanted a career free from political interference. Since I was a lecturer of Economics, the field of taxation was not unknown territory to me. I enjoyed every bit of my time at the Income Tax Department.

     

    Having chaired and headed almost all the top posts in the Income Tax Department, what are your views on the current tax laws and their implementation procedure in India?

    I started my career as Assistant Commissioner (Investigation Circle) in New Delhi. This was a very demanding and a very sensitive job considering my experience in the Department. Subsequently I was posted as Assistant Commissioner of Income Tax, Central Circle, Delhi, wherein I assessed group cases of big business houses. Subsequently I was selected as Under Secretary, Tax Policy and Legislation in the Central Board of Direct Taxes, the apex body of Income Tax Department. There I worked for more than three years and contributed to four finance bills, i.e. 1991 to 1994. Incidentally, these were the initial years of economic liberalization in the country and a number of amendments were made to the Income Tax Act. Then I came to Ahmedabad as Deputy Commissioner (nowadays, Joint Commissioner) and worked in various capacities. As Commissioner of Income tax I worked as Appellate Commissioner, Director of Income tax (Investigation), Commissioner (Audit), Commissioner TDS and Principal Commissioner.

    The Tax Laws in India have been simplified over the years.  The tax rates have been reduced and they are comparable to most of the developed countries. The tax regime in India is more taxpayer friendly now. However, a lot is required to be done on the administrative front. It is said that you cannot tax a person and keep him happy simultaneously. Therefore a lot of work is required to be done in order to educate taxpayers about the advantages of taxes and the ill effects of evading tax. A close review of the efforts made by the government on this through media and publicity has yielded desired results. The tax payers are gradually understanding their responsibility  and more taxes are being garnered through voluntary compliance.

     

    You opted to teach post retirement, despite receiving numerous offers from leading companies. How does this role fit into your overall career goals? How would you describe your ideal job?

    As I mentioned earlier, I am a seeker of knowledge, be it any profession or job I undertake. Teaching has always been close to my heart, since it gives me an opportunity to continuously learn, research and interact with the younger generation- the future of India. It gives me great pride to be a contributor, albeit a small one, in mentoring our future generation. As far as an ideal job is considered, I believe it is different for different individuals, varying according to their aspirations, priorities and specialties. For me, what I do is ideal, and therefore I do with full passion and commitment.

     

    How would you define good teaching? What do you think are the greatest responsibilities of a good instructor?

    I would like to call myself an educator instead of an instructor. An educator needs to be current in his/her subject, have clarity of concept and thought, be open to new ideas and developments in the subject. Above all, a good instructor should be able to generate interest and curiosity in a student.

     

    What are your views on the Institute of Law, Nirma University, and its students? What do you think about the pedagogical model being followed at the institute?

    The Institute of Law, Nirma University, is a professional institute where students get enrolled on the basis of their CLAT scores. These aspiring lawyers are well versed in the theoretical as well as practical aspects of the law. There are several specializations available, such as criminal law, taxation law, etc., so that the students can make an important career choice early on. Advocates, legal experts and judges are called for lectures so as to help students get acquainted with a hands-on experience of the vocation. Students are also provided with a state-of-the-art digital library so that they can hone their skills.

     

    From heading the income tax department to teaching undergraduate and postgraduate students, what are the things you enjoy, and what are the things you would like to to change about your current position?

    Nirma University is a pioneer institute which is grooming a generation of lawyers to come. The institute is improving its nationwide ranking continuously which indicates the high standards the university is constantly aspiring to. The institute is endowed with rich library resources, a dedicated faculty and an exciting campus. The curriculum has been designed immaculately so as to provide an excellent mix of theoretical and practical elements.  However, one must not lose sight of the fact that ultimately, it all boils down to the students’ performance and how they utilize the resources that are made available to them.

    My job as Principal Commissioner of Income Tax was quite different as compared to my teaching role. As a bureaucrat you have to perform your duties within a stringent framework of regulations. Teaching on the other hand, gives you room to innovate and experiment. There is nothing as such which I dislike about my present role. However, a lack of enthusiasm among the students worries me a lot.

     

    From your experience, what would be your suggestions to the new generation of students? How would you say their education and way of life is different from yours as a student?

    My only suggestion to them is to follow your passion. Identify your strengths and interests first, then set your goal and follow it with commitment and perseverance. The Universe will be at your doorstep- have the courage to ask for it, work for it and believe in yourself.

    This generation has a lot of opportunities, avenues and facilities made available to them, which we did not have in our time. However, they also have a lot more competition and struggle compared to us. Nevertheless, Darwin’s theory, survival of the fittest, is so far apt for all ages and generations. Since the students are in a professional institute they cannot behave like students of a regular college and settle for only routine understanding of any subject. The have to develop a desire for knowledge and have to read beyond what has been discussed in the class.

     

    Finally, what would be your suggestion or advice to anyone who aspires to have a successful career? What are the dos and don’ts for ensuring success in any field?

    There is no replacement of dedication, commitment and perseverance for anyone wanting to succeed in their career. Strive for excellence in whatever you do and you shall succeed. Give your 101% to what you do because a little bit extra effort makes all the difference. The following mathematical equation is proof that a little extra effort each day can go a long way.

    1.01365 = 37.8
    0.99365 = 0.03

    Students should read at least one case law a day because staying abreast with current affairs is absolutely essential for any lawyer.

  • Rahul Miranda, Masters candidate, Swansea University, on pursuing Maritime Law, niche legal fields and plans for the future

    Rahul Miranda, Masters candidate, Swansea University, on pursuing Maritime Law, niche legal fields and plans for the future

    Rahul Miranda is a graduate in law from SLS, Pune, batch of 2014. Since then he has worked with Senior Advocate V.J. Mathew in Cochin for a year before securing a judicial clerkship at the High Court of Delhi. He is currently a masters candidate at Swansea University with a focus on maritime law, marine insurance and energy laws

    In this interview, we speak to Raul about:

    • Pursuing a legal avenue as niche as maritime law
    • His curriculum at Swansea and his decision to go there
    • Being a judicial clerk at the High Court of Delhi

     

    You were excellent at academics while simultaneously being an avid and successful mooter during your time at SLS, Pune.  How did you manage your time and prioritize effectively?

    Learning to manage time and prioritize your tasks is an essential skill for any lawyer. My absolute favourite thing about SLS, Pune is how well they prepare you for the real world in this regard. Numerous opportunities are made available but never pressed upon you. It was completely up to you to decide on the load you wanted to take on. You could either easily breeze through with minimal effort or be so heavily yoked that you’d kill for Hermione’s time-turner.

    I managed to find a balance fairly quickly during my time there and thoroughly enjoyed being able to switch between my academic commitments and co-curricular interests.

     

    You spent a semester on exchange at Queens University in Kingston. What was your experience like? What were the challenges and opportunities that you faced in making the transition between the two academic environments?

    My Semester at Queen’s was the best! Under the auspices of the Ontario-India Exchange Program, I got to take a full course load of upper year JD courses at Queen’s University and was even required to sit through the exams and compete with the home students for a GPA. The quantum of reading and research that was expected was immense and the professors demanded a comprehensive understanding of the course material. As an exchange student who just wanted to travel and take in the new experiences, this was an extremely daunting prospect. I did manage to get through relatively unscathed though and I even managed to squeeze in quite a bit of travel.

    An exchange program is something I highly recommend to anyone who has an opportunity to be in one. Apart from the obvious opportunity for professional and personal growth, it gives you a fresh perspective and teaches you to look at an issue from several angles – an essential skill for any successful lawyer.

     

    Given that maritime law is a niche area of practice, we would like to know how you developed an interest in the subject and have come to choose it as your core area of practice.

    Shipping is the lynchpin of international trade and brings together the eternal triangle of producers, manufacturers and markets. As the most cost-effective way to move goods and raw materials around the world, shipping accounts for over 90% of the world’s trade. Considering its obvious importance to a developing country like India, I believe the field has a lot of potential for growth and wanted to contribute to this. The government recognizes this potential and is promoting investment in this sector through initiatives such as the Maritime India Summit which was held in Mumbai last April.

    As a law student I was intrigued by the several unique challenges and opportunities that this field offered. I took up an internship at Bose & Mitra & Co. and my time there under, the able guidance of the managing partner, Mr. Majumdar, and the rest of his fantastic team truly fanned the flames and got me hooked to this area of practice.

    With the crew of the Royal Navy

     

    How did you secure your first job as an Associate at V. J. Mathew & Co.? What was your experience working there like?

    I applied for an internship there and was assigned with some very interesting assignments. I was impressed by the quantum of maritime law work that the firm handled and the professional manner in which they functioned. At the end of the internship, I was offered a position and grabbed the opportunity with both hands.

    My time at the firm was a period of immense learning and it was a baptism of fire of sorts. Being a boutique firm, I had the opportunity to work closely with the partners on most cases and was made to feel like a valuable part of the team. I am very grateful to Senior Advocate V. J. Mathew for playing the role of a mentor and for trusting me to argue important cases before the Kerala High Court so early in my career. He is also a strong advocate for positive reform in the maritime industry and often got me involved in his research preparation for a big conference or an important paper.

    Being a judicial clerk at the High Court of Delhi, what have been your tasks and key learning experiences?

    I had always wanted to do a judicial clerkship and so when I got the opportunity to work with Hon’ble Mr. Justice Najmi Waziri I was overjoyed. For those of you not familiar with the concept, a clerkship involves working closely with a judge and attempting to ease their workload by helping with case briefs or research propositions.

    In my case, this basically meant trying to learn as much as I could while being as little of a nuisance as possible. And I say this only half jokingly as it’s truly incredible how adept Justice Waziri was at identifying crucial points in the case and I was often out of my depth when trying to brief Sir on a case or while sharing a point of research with him. What the experience did give me was an opportunity to observe from close quarters what it takes to be successful in this field and the level of commitment, hard-work and professionalism that it requires. Justice Waziri is truly a role-model for me and I’m immensely grateful for the opportunity to have been able to learn from him.

    Rahul Miranda with Hon’ble Mr. Justice Najmi Waziri

     

     

     

    You are currently pursuing a master’s degree in International Maritime Law from Swansea University. How did you decide on the university and why were you keen on getting a masters degree?

    The peculiar nature of ships and the shipping industry means that the law governing it also has several peculiarities. In order to fully understand these intricacies in the law I felt that it was necessary to study the subject in depth. Furthermore, a Masters in Law is obviously a lot more than just the degree and offers the opportunity to meet like-minded people from around the world and to participate in conferences and networking events which bring with it a plethora of opportunities.

    For this reason, picking the right university to pursue your course from is vital. I was accepted into several programs but finally decided on Swansea University based on the almost singular focus of their program on commercial maritime law, the reputation of their professors within maritime circles and its very strong alumni network. It’s probably also wise to factor in fees, scholarship opportunities and cost of living while picking a course.

     

    What are your career plans after this?

    To be honest, I haven’t really thought too much about this yet. I’m looking for an assignment which will challenge me and give me a chance to apply all that I have learnt during my course. I’m going to have to work very closely with the career services office at the university over the next semester to explore my options and find the perfect fit.

     

    Do you feel that adequate exposure is given to students in niche areas of law such as maritime law? What would be your advice to students who are inclined towards a career in the field?

    While I was at law school there wasn’t really any exposure to this field of law. Over the last couple of years, however, I have noticed that several law schools are conducting symposiums, conferences and even moot court competitions dedicated to issues involving maritime regulations. I have been invited to speak at these conferences and judge these competitions a few times and remember being impressed by the quality and quantity of participation. If students are interested in this field they should definitely check for these events and participate in them as they offer a good opportunity to get a feel for this area of law and also to network within the field. Applying for internships with firms that deal with maritime matters is obviously another way forward.  I wish them the best of luck and will be happy to help them with any further queries they might have.

     

  • Bhoomika Choudhury, Founding Partner, Svadhā Legal, on her time in Symbiosis, the future for start-ups and the importance of pro bono work

    Bhoomika Choudhury, Founding Partner, Svadhā Legal, on her time in Symbiosis, the future for start-ups and the importance of pro bono work

    Bhoomika Choudhury is a graduate in law from Symbiosis International University, batch of 2012. Thereafter, she has gone on to practise with leading firms like Amarchand & Mangaldas & Suresh A. Shroff & Co., Mumbai (now Cyril Amarchand Mangaldas) and boutique tax firm Vaish Associates Advocates, New Delhi. She has also worked as a junior in the Chambers of Dr. Rajeev Dhavan, one of the leading senior counsels in the Supreme Court of India. She has experience handling administrative, civil, criminal, service, bail, intellectual property, tax and water disputes matters. She also has experience in briefing and assisting senior counsels. In 2016, she founded her own legal firm, Svadhā Legal, which offers representation in corporate, commercial, tax, civil and criminal litigation and arbitration matters.

    In this interview, we speak to her about:

    • On being a Chartered Accountant alongside with being a lawyer
    • On the future of “Make in India”, “Start-up in India” and “Skill India”
    • The importance of holistic development as a person in order to be a sentient lawyer
    • On her diverse experience and eventually going independent

     

    How would you introduce yourself, given that most of our readers are young law students and young lawyers?

    I would introduce myself as a sincere lawyer who has become what she is today solely through her single-minded devotion to be a sensitive and responsible person. If anything other than my work defines my persona, it is the fact that I value and respect relationships, both at the personal and professional level, and feel concerned about developments in our society. Like my name suggests, I have different roles to play during my lifetime and my endeavour will always be to do them to the best of my abilities. I am a daughter, sister, friend and a girlfriend along with being a dutiful lawyer.

    What were the factors which drove you to join law school? Did you ever consider exploring any other fields?

    My father being a college teacher in English, I grew up surrounded by a whole lot of literary classics, and endless discussions on literary topics, and together they had a powerful influence on me. Reading literary classics thrilled me to no end and I realized my career options must be narrowed down to a vocation that must include a lifelong engagement with the humanities. The second most important consideration behind my choosing a law career was my concern for social issues and my pursuit for a vocation that provided fodder to my curious mind. I was greatly influenced by Einstein when I was young and this quote caught on to me greatly:

    “Only a life lived for others is a life worthwhile. I have no special gift. I am only passionately curious. I want to know God’s thoughts… all the rest are details. Joy in looking and comprehending is nature’s most beautiful gift. It’s not that I’m so smart, it’s just that I stay with problems longer.”

    A career in Law seemed to be the ideal choice for me as it combines my literary and social interests along with vocational needs.

     

    You graduated in law from Symbiosis Law School, Pune. How did the law college prepare you for practice in law?

    To say that Symbiosis Law School is a great place of learning will be an understatement. It takes meticulous preparation to understand the law both in theory and in practice.  This institution gives its students the right portion of both. I was particularly lucky to learn a lot more by way of extracurricular activities as I was selected as the President of Human Rights Cell. As part of the cell, some of the projects we worked on gave us ground level exposure to areas like rights of commercial sex workers in the red light district of Pune, disability rights, an after school educational program for underprivileged children, etc. But we had to go through our own share of trials. My father had accompanied me to Pune for the admissions and I remember him looking a little worried as he came to know the city’s liberal and indulgent way of life. But he had very lovingly only once asked me to shun all the negative influences around the college and the city. I promised him as much and I am happy that I never betrayed his trust.

    How important are internships for a law student? Tell us about your internship experiences while in college.

    It is an important part of a student’s academic life in the sense that it gives real life exposure to the kind of work one will be called upon to shoulder in future. Considering that there are varied kinds of jobs that are available to a law student upon graduation, internships give an opportunity to get a taste of everything and decide on one or two areas on which he/she could focus. It also gives a chance to leave your mark in an office where you would later like to bag a pre-placement offer. Even though your first few internships may appear highly challenging as you are yet to fully learn theoretical aspects of the law, you will gather a great deal of knowledge after working with these offices.

    I tried to keep my basket of internships diverse by picking from NGOs, independent litigating offices, in-house legal team of corporate houses and law firms. I distinctly remember, my social issues have been very dear to me from my early school/ college days, and this interest took me to an NGO called ‘Solidarity for Developing Communities’ and a State Human Rights Commission during the first two internships in my 1st  year of Law School. My experience in these two offices further heightened my interest in human rights issues, so much so that it has become an integral part of me today. By this time I had fully realized the benefits of internships. So when I went for internship assignments to the Essar Group, Mulla & Mulla, Craigie Blunt and Caroe, and the senior advocate of Jharkhand High Court, Mr. Anil Kumar, I was determined to make the most of it. The nature of the legal issues I encountered during my internship was diverse, as were their benefits. My internship stints ended with Amarchand Mangaldas and Phoenix Legal.

     

    Do you think that Moot Courts are an essential component for the overall development of a law student? Tell us about your experience.

    It is an elaborate rehearsal a law student undertakes, as it accurately reflects the rest of their lives as lawyers and litigators. The very fact that these involve facing rival teams and competitors, both at the national and international level, serves as motivation for every student to put their best foot forward. Ultimately each of these extracurricular activities i.e. participating in moot court competitions, writing research papers, internships, etc. go a long way in shaping you as a lawyer, pushing your name a few notches up during placements and enhancing your chances in getting admission in top law schools.

    One must remember that applications received by law offices, corporate houses or top law schools are filled with students who have managed decent grades in their respective universities. Participation in extracurricular activities makes all the difference in getting your dream job!

    These competitions gave me the opportunity to work with my fellow participants, prepare our case to the best of our abilities, and compete with some of the brightest minds from the legal fraternity. The crowning glory was getting to attend the William C. Vis International Commercial Arbitration Moot Court competition in Vienna in my 4th year of law school. The whole experience was a turning point in my life as a student of law. Getting the opportunity to participate in such a prestigious affair was a very uplifting moment.

    Do you feel that academic excellence is essential to be successful in life?

    The question is too general in nature to beg a straightforward, universal answer. If we are to understand the meaning of ‘success’ in a knowledge economy, as identified with the successes of only the reasonably, moderately educated people, not to speak of the highly educated, talented people with high academic credentials, the importance of education or academic excellence can never be underestimated. The contemporary economic and social conditions acknowledge and respect academically bright people. However, we also know of innumerable successful people who have failed miserably in their initial years of work. The list is endless with celebrated names like Thomas Edison, Albert Einstein, Van Gogh, J.K. Rowling, Oprah Winfrey and the like. However one thing common to all of them is that they were persistent. It is not a shortcoming on their part, it is the world that takes time to identify geniuses.

     

    You have taken ACCA examinations at the Association of Chartered Certified Accountants, United Kingdom. Tell us about your experience.

    Midway through graduation, it struck me that a course in accounting will be very useful to me in future, especially given my interest in tax law. It was this simple reason that drove me to take up this ACCA course, and I must say that I enjoyed studying and appearing in the examinations, though it was sometimes tough on me to take out time from my regular studies. What helped me greatly is the flexibility that ACCA examinations allow its students. Moreover, the ACCA follows the International Financial Reporting Standards and is globally recognized too.

     

    It is generally seen that law students and law graduates tend to shy away from taking up pro bono cases. Is this advisable?

    It is advisable that law students and law graduates of our country do not shy away from taking up pro bono cases. In a country such as ours where the majority are poor and cannot afford legal help, it is inhuman on the part of the legal fraternity not to devote some of their time and energy to come to their rescue. This assumes greater importance for law students and law graduates as they themselves will be richer in their learning experience as well as in their moral responsibility towards society. In fact, it ought to be considered a great opportunity for young lawyers.

     

    You have worked in the Chamber of Hon’ble Mr. Justice Rajiv Shakdher as a Law Researcher- cum- Clerk. Can you tell us about the experience?

    Working with Hon’ble Mr. Justice Rajiv Shakdher was an opportunity I still thank my stars for. I can never thank him enough for the encouragement and the guidance he always gave me whenever I needed. HMJ Shakdher is an extremely well-read, honest and hard working judge who worked very meticulously on each case, and he expected the same qualities from his law interns, assistants, researchers, and clerks. I gained much confidence, learnt such a great deal during the one year time I worked with him, that it helped me in many ways to build my image as a trustworthy lawyer. Whatever I am today is because of his influence on my career. I must say that at the very mention of his name, my head bows down in obeisance and a prayer goes out from my lips for his long, happy life.

     

    You had previously worked with Vaish Associates and Cyril Amarchand Mangaldas. Tell us about your experience at these firms.

    My time at both these firms was a very productive experience. At this point of my career I wanted to work with taxation related firms to gain more knowledge on this subject or area. The realization was dawning on me that I must at least learn a good deal more than the fundamentals of some areas of legal practice, and I made the best of my time there by learning about taxation, arbitration, corporate tax, and taxation related litigation. Fortunately both my seniors and colleagues at these two firms were very helpful and supportive in my handling of assignments, and the experience has enriched my knowledge of these areas vastly. I owe my special gratitude to Ms. Kavita Jha of Vaish Associates who was extremely helpful and supportive of my work, and always went the extra mile to assign me other litigation cases too. Ms. Jha being one of the division heads at the Supreme Court and High Court, I learnt a great deal during my time at Vaish Associates. My relationship with her and other colleagues will always be very special. The year I worked with Cyril Amarchand Mangaldas too was extremely enriching and fulfilling as I happened to work on some of the very high-profile, well-known cases.

     

    At Vaish Associates and  Cyril Amarchand Mangaldas, you were concentrating mainly on tax litigation and arbitration, but later you decided to go for litigation practice. What motivated this shift?

    The reason I changed my focus away from taxation-related areas for sometime is the necessity of learning other areas of litigation. With an expertise in one technical area of law, I was veering towards the view that I must learn a great deal on other aspects of legal practice, before I am able to enter into litigation practice on my own. For any lawyer with some aspirations in life, I suppose this is a very modest decision one has to take at the earliest possible time.

     

    You have assisted eminent lawyer, Senior Advocate Dr. Rajeev Dhavan. Tell us about your experience.

    I consider it my good fortune that Dr. Rajeev Dhavan accepted me as a junior to assist him in his office. I knew it would be a daunting task to meet his high standards, but I was looking forward to it nonetheless. He is a legal luminary and a legend of our times, and his scholarly pursuits, the huge number of books and articles he has written, all of this weighed heavily in my mind as I immediately sat down to work for him. The knowledge and experience I gathered at Dr. Dhavan’s office was immense. I knew I was working for one of the finest legal minds of our time. It was difficult to hold your own and not be intimidated. However the unimaginably rich experience I gathered with Dr. Dhavan has vastly improved my level of confidence, the honesty and integrity of the manner in which I ought to work in future, and more importantly, the realization that I have a long way to go in my further higher studies, in order to pay my little tribute to my godfather. His encyclopaedic knowledge, and his unmatched wit and sense of humour will continue to inspire me throughout my life. It is not for nothing that his academic stature, his unmatched courage, and the unconventional, radical stand he often took in his appearances in the Supreme Court has become made him a legend of our time.

    Earlier this year, you founded Svadhā Legal. What were the challenges you faced in setting up the firm? Could you give us a brief description of the firm and the activities  it performs?

    Svadhā Legal is a dream fulfilled. Legal matters as varied as human rights, taxation, arbitration, corporate law, civil cases, etc. have all been of interest to me, and I thought setting up a law firm will be the best way to handle the wide variety of cases that I expected to come my way. A law firm run as a professional entity will be a good way of attracting prospective clients as well as engaging junior, younger colleagues for those cases.

    Svadhā Legal will also be a great intermediary for pro bono cases that are dear to me, in the sense that considering the large number of cases that are awaiting justice on pro bono basis, the firm will be able to engage or delegate some of the cases to younger professionals looking for such avenues. These were some of the reasons that prompted me to set up Svadhā Legal, and I am happy that quite a number of my friends, colleagues, and juniors have joined me as associates in the firm.

    There were challenges in setting up this firm, considering the fact that I am a first generation lawyer, but I was determined to overcome any such disadvantage coming my way. It is my firm conviction that serious pursuit of a dream will admit no hindrance on the way, and this conviction gives me enough patience and tolerance to pursue my goal. Another challenge was facing rampant sexism in the professional sphere. But here too, I am determined to prove that gender can never be a disadvantage for anyone in any respect, though one will be forced to walk the extra mile to prove that.

    It is a heartening feature of this enterprise that my considerable network of friends and lawyers across the country are helping and encouraging me in my endeavour.

     

    As a partner at Svadhā Legal, what is an average day at work like? Our readers would love to hear about the day-to-day responsibilities which need to be handled by someone in your position.

    My average work life normally starts early in the morning when I sit down to work at home for at least 4-5 hours before I head to the Courts for my appearances or hearings, and other related work. I find the early morning hours to be the best time of the day for work. Then after a short lunch break it’s time for me to interact with clients, discuss cases, and then devote some time for business development and public relation exercises. Normally I always make a mental plan of work for the day, and it makes it easier for me to complete all my work in time. And then it’s time to head home and may be after a brief rest, it’s back to work and other personal studies.

     

    A number of campaigns such as “Make in India”, “Start-up India” and “Skill India” have been launched by the Govt. of India. Your views on these campaigns?

    The aim behind the “Make in India”, “Start-up India”, “Skill India”, and “Digital India” schemes is to leapfrog this country into that of an advanced and economically sound country in the shortest possible time.

    The “Make in India” initiative was developed to establish India as an efficient manufacturing unit and lure global markets to consider the subcontinent as a viable investment.  The government promises all kinds of support to the new investors, including the promise of quick clearances and approvals through a channel called Single Window clearance in order to avoid delays and red-tapes. The initiative has already started bearing results in the form of many international automobile, aerospace, software, military hardware, and other manufacturing majors considering setting up manufacturing plants in the country. If the campaign is to achieve its full potential and desired results, what the government must do is to not slow down the momentum and see to it that it is followed in a rigorous manner.

    A similar but a very innovative campaign has been launched by the central government in the form of “Start-up India” in order to help unconventional business plans take flight. There are innumerable success stories of new start-ups having generated remarkable revenue levels owing to their out-of-the-box strategies. There is little doubt that our economy in future is going to be dominated by more and more of these start-up enterprises, most of them in the service sector, and contributing hugely to the economy.

    The central government’s other initiative called “Skill India” too is another campaign that has been launched in order to impart vocational training to the unskilled workforce of our country. Uneducated, semi-educated, and under-employed labourers can learn skills of their choice to aspire for better employment opportunities. The success of the first two campaigns will, to a large extent, depend upon the success of this campaign. It should be implemented in a very urgent basis, without any let-up or loss of momentum.

    These specially, carefully selected campaigns have been launched to make this country a global hub of manufacturing, a great place for young, talented people with innovative ideas to realize their dreams of setting up new enterprises or start-ups and create the best possible infrastructure for the development of the required skill for our millions of young students who will be capable of handling the needs and demands of the new age technological, industrial enterprises. Since we are living in these times, we must make optimum use of these opportunities and participate fully to make our country the most powerful nation on earth.

     

    Tell us about your experience of working with start ups.

    It all started because of my large network of friends, many of them happening to be young engineering graduates, and quite a few of them deciding to quit their jobs and starting their own start-ups. They are a very talented lot, with new and innovative ideas of developing new technological tools and models for a wide spectrum of use by industries, business enterprises and a host of other organizations. My association with some of these Start-ups began because of their need for legal assistance in preparing regulatory formalities and agreements. It was a great learning experience for me and I was in a way encouraged a great deal by their dreams, motivations, and infectious energy. What’s more, my modest accounting background proved to be of great help in my work.

     

    Name a few of your hobbies, and how have they proved to be an advantage to you?

    The things that have drawn my continuous interest are literature, painting, gardening, cooking and sports. Some of these interests have grown with me over the years since my childhood, and it would be wrong to say that I am not seriously pursuing or devoting time on a regular basis to all of these areas of my interest. My love of nature has in a way taken the shape of gardening, and I love planting, watering, and taking care of my little collection of indoor plants at my home. I am an inveterate traveller, and I love going places, both popular tourist haunts and less frequented, quaint spots. I love meeting new people on the way and getting to know them.

    These are the areas of my interest and together they constitute my life. I am hopeful that these interests will go a long way in my realization of myself in the future. The journey of self-discovery is still on. A few of my hobbies or interests such as reading literature, humanities studies, and social issues may have proved beneficial to my professional life. But in a broader sense, all the other hobbies have equally contributed to my evolution as a decent human being. In my view I should be a decent human being first, and a good lawyer after that. The two complement each other, and you cannot be the latter without being the former.

     

    What is your advice for fresh graduates who wish to enter law firms as associates? How should they prepare themselves to cope with the challenges they will face?

    Working for someone, be it an individual or an organization, one has to come to terms with the fact that times are difficult. Considering the nature of the profession one has to look at all the inconveniences as normal and as part of the learning process, and with patience and dedication. Law firms expect from law associates a lot of hard work and the willingness to put in extra hours of work whenever needed. But it is during this time that one learns the most.

    What would be your parting message for our readers?

    Life is too precious a gift to be wasted. We should realize that it is not only what we do, but how we do it that also matters a lot. Ultimately, what matters is not how much money or wealth we have earned, but how decent a life we have lived, how much use we have been to others. There will be hundreds of voices that will discourage you, but just listen to that one voice within; it always knows what is best for you. Dream as much as you wish and realize them all, but remember that a life lived for others is far more fulfilling.

     

  • Goda Raghavan, corporate-commercial practitioner, AK Law Chambers, on being a lawyer, company secretary, author and illustrator  

    Goda Raghavan, corporate-commercial practitioner, AK Law Chambers, on being a lawyer, company secretary, author and illustrator  

    Goda Raghavan graduated in law from University Law College, Bangalore in 2010. She went on to pursue her Masters in Law from the prestigious London School of Economics, batch of 2011. She is also a qualified company secretary and was awarded the gold medal for securing the highest marks in the foundation examination from the state of Karnataka. After working with GMR Infrastructure Limited, Bangalore, as their management trainee for two years and with HSB Partners, Chennai for four years, she quit to set up the corporate-commercial practice at AK Law Chambers. Additionally, she is also a freelance illustrator. She draws a comic strip called “Pickles & Lota” and has illustrated several strips on legal humour.

     

    In this interview she speaks to us about:

    • Her courses and curricula at the London School of Economics
    • Managing being a company secretary alongside with being a lawyer
    • Her experience working with diverse firms in India and abroad, and building corporate-transactional practice

     

    You said you’re a third generation lawyer? What was it like growing up in a family with so many lawyers and how has that influenced your career and practice?

    Being a third generation lawyer brings with it a lot of advantages as well as a lot of responsibilities and extremely high expectations. You are judged on a daily basis and quite easily written off for even small stumbles. Yet I am fortunate to be carrying on the family ‘tradition’, if I may call it. My grandfather Justice K.R. Gopivallabha Iyengar was a judge and my father Mr. K.G. Raghavan is a designated senior counsel of the Karnataka High Court. To say that I wasn’t influenced to take up law and that this was a completely independent decision would be a lie. On the contrary, it was a positive influence on me. Immediately after the 10th standard board examination, I specifically opted for commerce to benefit from the courses in economics and business studies to assist me in the five year law program thereafter. As luck would have it, I married Anirudh, who is also a litigating lawyer. It was only then that I decided to focus on transactional work, an attempt to not “duplicate resources” within the family.

    You have a publication “Breach of Representation and Warranties in M&A: A Buyer’s Guide” to your credit? What role do you think writing and research have played in your career? Did you write many papers when you were in law school?

    According to me writing is a very crucial part of being a lawyer – be it writing in the form of drafting or writing for research articles. My schooling has added vastly to my skill in the use of words to convey my thoughts and that has greatly benefitted me in drafting agreements, opinions and pleadings as well. While I presented several papers on corporate laws for the legal and secretarial group meetings that were held monthly, during my training period at GMR Infrastructure, I was hardly left with any spare time between balancing my courses and exams at law school and the company secretary course. I believe that the most important skill of a lawyer lies in articulation- written (be it drafting a pleading or an agreement) and oral.

    What were your priorities during law school? Did you always know which area of law you would set up a practice in or did you decide later?

    During law school, I focused a lot on internships and also on completing my company secretary course. To this effect, I interned at various offices and companies and got an idea of the various kinds of work involved. At the end of five years, I also successfully completed my CS course.  When I started off at law school, the only area that I was exposed to was litigation because of my father. It was only when I began my course at the LSE — by which time I had finished by company secretary course — did I realise that I might be interested in pursuing a career in corporate transactional work. Backed by my experience at GMR Infrastructure, I joined HSB Partners, Chennai, which I believe has one of the best transactional practices in the city. Mr T.K. Bhaskar is a fantastic mentor to have. The exposure to direct client interaction at HSB is a huge advantage and boosts your learning curve and confidence. The interplay of law, finance and business while working in this area intrigued me. All of this led to my decision to set up corporate practice at AK Law Chambers.

    Tell us a little about your course in LSE, please. What are your views on both, pursuing an LLM and studying abroad for Indian law students, from a career point of view?

    At the LSE, I took courses on dispute resolution, project finance, contracts, international business transactions and trademark law. I was particular about taking courses that teach the law as a jurisprudential concept and not courses that are legislative specific to that region. While a one year program does not enhance one’s knowledge of the law drastically, there are three invaluable skill sets that one picks up, especially while studying in one of the best institutions in the world: One is the method in which you approach the situation on hand as taught by the some of the most qualified professors in the world at the university, two is the way in which fellow students from various jurisdictions, who are all top of their class at their universities, approach the same situation, and three is the drafting skill. In addition to the education, the program encourages you to live independently, manage your own finances and travel. All of this adds to the overall personality of a person and this shows in the way one handles a client, their drafting and presentation skills. Even though I went to the LSE straight after college, I would believe that pursuing an LLM after a couple of years of work experience would be a lot more beneficial.

    You interned at Allen and Gledhill LLP, Singapore. How did you choose and apply for that internship and how do you think it shaped your perspective?

    During my term at law school, I had interned with Mr. Uday Holla at the advocate general’s office, the National Human Rights Commission, New Delhi and Crest Law Partners, Bangalore. After working with offices that engage in different types of legal practice and gaining exposure to a variety of domestic legal work, I was keen on working with a foreign law firm to get international experience. Mr. Nakul Dewan was kind enough to accept me as an intern at Allen & Gledhill LLP, Singapore on their dispute resolution team. It was the first time that I lived by myself and worked outside the comfort of my home country. The internship taught me the work culture of a foreign firm, their attention to detail, the meticulous manner in which documentation is done and their focus on specialization.

    What work did you do at HSB Partners?

    At HSB Partners, over a period of four years, I worked in Mr. T.K. Bhaskar’s team. I was involved in private equity transactions, advising promoters and funds, joint ventures, mergers and acquisitions and also general corporate advisory work across several sectors including e-commerce, seaports, automobiles, technology and manufacturing services.

     

    You are a certified company secretary. What prompted you to pursue the degree?

    I had a fractured leg and was lying in bed when my father brought me a few forms and asked me to sign on it. Few days later he handed me some books for the company secretary course and said that the classes would start in a couple of days. That was how my tryst with the course of company secretary began! I believe that my CS qualification strengthens my knowledge on procedure and secretarial compliance of the companies act, SEBI, etc., which is an aspect that is often not delved into adequately by litigating lawyers.

     

    Tell us a little about AK Law Chambers.

    AK Law Chambers, a boutique law firm set up in the year 2013, focuses on litigation, arbitration and real estate work. I am now building the corporate-transactional practice. AK Law Chambers comprises fifteen lawyers and four partners, with offices in Bangalore and Chennai.

     

    Do you have any insights you would like to share with law students on a general or specific note, with respect to getting through law school?

    The most important thing during law school and early years of your career is to keep an open mind and focus on learning everything you can. Give every opportunity its fair share of time. Don’t let preconceived notions come in the way of learning.

     

  • Mary Kavita Dominic, Rhodes Scholar, on receiving the coveted honour and writing the perfect Statement of Purpose

    Mary Dominic is a graduate from NUALS, Kochi, batch of 2017. She is the first student from her university to secure the prestigious Rhodes Scholarship. Mary has always been a passionate advocate for human rights. She has volunteered at a legal aid camp in the Attapady district of Kerala, which sought to enable the indigenous tribal community of the region. She has also interned with HelpAge India and participated in a National Human Rights Commission Survey, in order to fight for the rights of the elderly. She has pursued an online course on International Human Rights by Professor Olivier De Schutter of the Université catholique de Louvai. At Oxford, Mary will read for the Bachelor of Civil Law, focusing on international criminal law and comparative human rights.

    In this interview we speak to her about:

    • Writing the perfect SoP and getting letters of recommendation
    • Striking a balance between academic merit and extracurricular interests
    • Her programme in Oxford and her plans thereafter

     

    First of all, congratulations for bagging the prestigious Rhodes Scholarship. How and when did you decide to apply?

    I was always in awe of Rhodes scholars, even prior to taking up law. But somehow, I always felt that such a prestigious scholarship was beyond my reach. It was my mother who suggested that I apply for it when she read about it in the newspapers.

     

    The Rhodes Scholarship is celebrated for its tedious application procedure. Could you take us through it?

    Firstly, you’re required to send in your CV, personal statement and six references (at least three of which should be academic) along with other personal details to the given mail ID. You can also send it by post. Based on this, some applicants are shortlisted for the preliminary interview. I had mine in Delhi. But I hear there were other centres too.

    The preliminary interview is a technical one where the panellists are most likely to be experts in your field. Since I’m a law student, I was interviewed by a legal panel. Likewise, there are panels for science, economics, political science, etc. Based on your performance in the preliminary interview, around eighteen applicants are shortlisted for the final interview. Here, the panel will comprise experts from varied fields. They’ll mostly question you on your area of interest. I think they try to gauge your passion for your proposed area of research.

     

    When is the appropriate time to apply for the Rhodes Scholarship?

    If you are currently pursuing a degree, you should ideally apply when you are in the final year of your course. Applications generally open in June for Indian students.

     

    What is the significance of the Statement of Purpose and how long did it take to write yours? Do you have any tips for prospective lawyers out there currently working on their own?

    Personal statements are crucial since they help communicate your passion and why you are a suitable candidate for the scholarship. It also helps them evaluate whether or not you possess any of the qualities that are expected of Rhodes Scholars.

    I must have spent a week contemplating what exactly to include in my personal statement. But the actual writing should have taken two days. I made a couple of drafts before sending out the final one.

    Before writing the personal statement, I watched videos of previous Rhodes scholars that are available online. One thing that all of them agreed on was that there is no straightjacket formula for writing a good personal statement. They do, however, advise you to be honest and explore your own creative self. That would be my suggestion as well.

     

     

    How do you go about writing a good Statement of Purpose?

    Like I said, there is no formula. Everyone has different interests and the Statement of Purpose should reflect those individual interests. Your personal statement should convey your passion for your subject and your research. You can talk about a personal incident that inspired you to pursue a particular field of study, or a specific sport that you draw motivation from. It is completely subjective.

     

    Moving to referrals – how much of a role did they play in your selection? Can you take us through the procedure involved?

    You will need to have 6 referees in mind. At least three of them should be academic referees i.e. professors who are teaching you in your current course or have taught you in your last completed course. There is an online application portal where the referees will have to register personally and upload their references.

     

    How important are good grades in order to bag the Rhodes Scholarship?

    Academic consistency and reasonably good grades are extremely important, as far as I understand. Since you will be sending in your CV along with other documents, your academic grades will be given sufficient weightage.

     

    How would you describe a well-balanced CV, one that has the potential to make the cut?

    It is important to have a good mix of both academic as well as extracurricular interests. I mostly had debates and moot court achievements to show for extracurricular achievements. I used to play the electronic keyboard, which was another non-academic activity that I had included in my CV. Before the final interview, I met other applicants, some of whom were national level dancers or sportspersons.

    But most importantly, I believe that the social work you do is extremely relevant because it demonstrates how you propose to give back to society. Internships with NGOs, participating in legal aid camps and volunteering for charitable organisations could have possibly enhanced my application.

     

    Are moots, or any other activity in particular, given significant weightage?

    Moot Court experience is definitely adds to your application and equips you to handle questions with confidence and clarity. It supplements your research credentials as well. But not having any significant achievement, will not, by itself, be considered a major deficiency in your application. Most importantly, it is the experience that counts.

     

    How did you prepare for your technical interviews? Describe your most memorable one.

    I had indicated in my personal statement that international criminal law was my specific area of interest. So, I focussed primarily on that area. I had already done a few moot courts dealing with the subject, so I revised the basics of what I had learnt. I had also brushed up on recent developments in that area.

    During the interview, while I was asked certain questions about international law, I was also asked general questions about current issues. One of the questions was about the alcohol prohibition in Kerala and my views on the same. I remember our discussion not being purely legal in nature, but also slightly political, which I rather enjoyed.

    Another question that I distinctly remember and which made me think quite hard was regarding the formation of Telangana and the legal issues surrounding the same. The interview, though challenging, was more like a discussion with the panellists, which was rather enjoyable.

     

    What are the qualities that are being sought in candidates, and do you have tips on how to hone them best?

    I am not exactly sure what they look for in the interview. Personally, I tried to answer the questions with confidence and clarity. I essentially thought through the entire discussion and tried to make my arguments logically coherent.

     

    The final round of interviews are notorious for being the most gruelling. What were some of the broad topics touched upon?

    You know, the final interview is not strictly a technical one. However, I found it equally nerve-wracking. Our final interview was chaired by Mr Kumara Mangalam Birla, along with nine other eminent panellists. It was a daunting task to hold your own and not be intimidated in the presence of such distinguished personalities.

    They asked me a wide range of questions from “Where do you think human rights come from?” to “Would you support the sterilisation of women who are likely to give birth to crack babies?” I also remember being asked about the protection of intangible cultural heritage.

     

    Are the questions random in nature or was there a general broad base where they stemmed from?

    Your CV and personal statement form a broad base for them to question you from.

     

    Do they prefer someone whose proposed area of research is interdisciplinary in nature or are they looking for someone who is remarkably accomplished in a more specific field of study?

    That is a difficult question to answer. Either way, it is your passion for the subject that really matters.

     

    Did not having any past Rhodes Scholars in your college pose a challenge while applying for this scholarship?

    To some extent, yes. I was not sure as to whom to approach for advice regarding the personal statement. But I had plenty of support from the faculty who were always honest about the areas that I could improve on and this proved to be extremely helpful. I was assisted by my friends as well as my seniors who had passed out. Some of them even offered to put me in touch with previous Rhodes scholars they were acquainted with.

     

    What do you wish to do post Oxford University?

    I hope to work at the Office of the Prosecutor at the International Criminal Court in Hague. But ultimately, I want to come to India and be a part of the Legal and Treaties Division under the Ministry of External Affairs.

     

    Any final tips that you have for juniors who may have already started the application procedure?

    A reasonably good academic performance, participation in extracurricular activities and sparing time for social work is important. For law students in particular, moot court experience and one or two publications might be helpful. However, this does not mean that this is the only way in which you can secure the scholarship. These are merely one or two options that you could consider. Most importantly, try to work on what you think you are passionate about and be honest in your application.

     

  • Priya Rawal, Senior Executive-Legal, Roche Diagnostics India, on healthcare regulations in India, family law and her work experience

    Priya Rawal, Senior Executive-Legal, Roche Diagnostics India, on healthcare regulations in India, family law and her work experience

    Priya Rawal qualified in law from Pravin Gandhi College of Law in 2010 and worked at Dave and Girish as a paralegal and as an associate after graduation. Later, she served at a top tier law firm, Economic Laws Practice before she started working full time with renowned family law expert, Mrs. Mridula Kadam. She eventually steered into the role of a business lawyer and has worked with leading healthcare companies. She is also a Certified Life and Wellness Coach from the Symbiosis Coaching Institute (accredited through the International Coach Federation and the Certified Coaching Alliance). She is currently Senior Executive – Legal with Roche Diagnostics India Private Ltd.

    In this piece, we talk to Priya about:

    • Her experience with assuming varied roles in the legal industry
    • The legal standards and practices upheld by the healthcare sector in the country
    • The difference between being a practicing lawyer and in-house counsel
    • The importance of trying one’s hand at different kinds of law before settling for a particular role

    Tell us a bit about yourself; what inspires you?

    Born and raised in the city of dreams, I am an enthusiastic and ambitious person by nature. That reflects well in the choices I make, both personally and professionally. I trust my instincts and follow the path they take me along, believing that every experience is a stepping stone to the goals I wish to eventually achieve, in terms of my career and life in general.

    My inspiration for everything continues to be the most dominant personal quality of my mother, which is happiness. I follow everything that brings me happiness and with that I can easily say my mother is the biggest inspiration of my life.

     

    What led you to become a lawyer?

    My decision to pursue law was more of an accident than a choice. I was born into a family of lawyers and for as long as memory serves, I remember watching members of my family read, draft cases and even argue, as much about law as about life. My father has been a major driving force in encouraging me to pursue law as he had immense faith in me. He was always encouraging of my inquisitiveness and thought I was a go-getter.

     

     How was your first experience working in a law firm?

    My first working experience in a law firm was an eye opener. Before you start working, you don’t completely understand the distinction between theory and practice. I have been fortunate enough to start my career as a student with a law firm that provided me with working opportunities at par with other senior lawyers and also encouraged me to handle challenging roles.

     

    Tell us about your experience of practicing in the Family Court?

    After around three years of working experience with law firms, I got the once in a lifetime opportunity of working with Mrs. Mridula Kadam, the distinguished family lawyer. Under her leadership, I grew not just as a lawyer but also as a person.

    Being a family lawyer isn’t easy; you need to be empathetic, strong, strategic and reasonable; and sometimes, all at once. You have a larger role to play as it involves life changing decisions for your clients. Practising family law has definitely been one of my best working experiences.

    Moreover, for a well rounded career in law, it is important to understand the judicial system, appear in courts and learn the nuances of arguing, drafting and negotiation in a competitive environment. Dealing with different people is another aspect which plays a huge role in enhancing a lawyer’s emotional intelligence and there is no better field than family law to closely understand the wide spectrum of human psychology.

     

    How did the transition from practising family law to being an in-house counsel take place?

    The transition was never planned. It just happens when you are open to new experiences, taking certain risks and keen on exploring alternative markets and working environments. I would emphasize that the younger you are, better are your chances at getting a 360 degree overview of the way things operate in different markets. I consider myself fortunate to have experienced working across such diverse fields because it has helped me understand what works for me and what doesn’t.

    Help our young lawyers understand how a typical day in a law firm would be different from being a practicing lawyer or an in-house counsel?

    That’s an interesting question. Let me just say, there is little common in the working environment apart from the fact that all roles deal with the legal issues of one’s clients. A day in a law firm would perhaps comprise a series of highly urgent matters, placed back to back for the lawyer to tackle. The day would most likely be challenging in terms of juggling tough deadlines and quality output. The working hours in a law firm are also very erratic.

    A practising lawyer’s day is relatively far more organized, though they operate within a rather unorganized system. They are usually aware of the nature of the hearing scheduled in court and their appointments post court hearings. All they are never sure of, is whether the court proceeding will make substantial progress or just be adjourned to another date.

    An in-house counsel’s day would be better planned. They are occupied in meetings with the business stakeholders to understand their legal requirements. Having said that, the expectations are higher from a business lawyer as not only does it require understanding the law but also ensuring that the business operates efficiently within the framework of stringent regulations.

     

    Which statutes regulate the healthcare industry?

    The healthcare industry contains several other industries within its fold, and therefore different laws are applicable to these different industries. By and large, the Drugs and Cosmetics Act, 1940, read with the rules, Legal Meteorology Act, 2009, Voluntary code – Uniform Code for Pharmaceutical Marketing Practices, Medical Council of India (MCI) rules and regulations, Drug Price Control Order, 2013, Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, healthcare industry codes are some of the important legal statutes that apply to healthcare companies.

    What are the legal challenges involved in the promotion and marketing practised by healthcare organizations?

    Provisions under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and rules there under, primarily govern the advertisement of drugs. Uniform Code of Pharmaceutical Marketing Practices (UCPMP), a voluntary code, came into effect in India in  January, 2015 after years of deliberation, and laid down key provisions dealing with promotion of a drug, claims and comparisons of a drug, dealing with healthcare professionals etc.

    The challenge as I said is to be within the framework and make business initiatives happen by striking a balance between legal mandates and business requirements. Dealing with HCPs is undoubtedly one of the most sensitive issues handled by healthcare organizations today and they are taking utmost care to manage the same by adopting watertight measures to ensure transparent collaboration with the healthcare professionals.

     

    What inspired you to take up a Legal & Compliance driven role in your current organization?

    For me, it has always been quality legal role over anything else. In my current role, I am a critical stakeholder in ensuring that marketing/promotional initiatives take place within the framework of Indian laws and regulations. There is a dash of everything, be it strategizing litigation matters, drafting, negotiating and advising on contracts, drafting policies that are business-centric and in compliance with the laws and regulations and also working on audits and global and regional projects. I must emphasize that minimum outsourcing of legal matters to law firms makes the experience even more enriching.

    I enjoy working in an environment which provides room for discussions, debates and opinions. I try my best to leverage my learning as a Certified Life Coach and use it optimally to deliver high performance and mentor myself too.

     

    What would be your advice to the aspiring lawyers?

    Invest time in discovering your core strengths and which field of law interests you passionately. Experience of working full time with a practicing lawyer and a law firm, undoubtedly lays a strong foundation and provides a holistic overview. Make the most of the opportunities available at law schools by participating in debates, moots and related legal curriculum activities. Do not rush into anything only because it will pay you well or will look good on your résumé.

    One of my other personal experiences is that it is extremely important to understand the ‘why’. When you understand why you are doing something and how it impacts the firm or your client largely, work will become service and providing quality output will become ingrained into your system. Self awareness upon introspection or through coaching/mentoring will help you know yourself well; the rest is mere implementation and tracking the little milestones. I urge the young lawyers and students to use the coaching services available, which will benefit them motivate them to reach their fullest potential. It will acquaint them with the behavioral and technical skills that are required of a lawyer to succeed in their field.

     

     

     

     

    Disclaimer: The views expressed by the interviewee are personal to the interviewee, and do not represent that of the organization she works for.