Super Lawyer

Category: Interviews

  • Chinmay Bhosale, Advocate, Bombay High Court, on working with reputed Senior Advocates, Criminal Law practice and choosing litigation

    Chinmay Bhosale, Advocate, Bombay High Court, on working with reputed Senior Advocates, Criminal Law practice and choosing litigation

    Chinmay Bhosale is a graduate from ILS, Pune 2010 batch. He has been a consistent topper of his batch at University of Pune, he had also been selected in the final list of Rhodes Scholarship 2010.

    It has been five years since he joined the Bar and he has worked on high profile cases with intense legal issues like the 2G case, Hawala Scam Case, Maval Police Firing Enquiry Commission, Adarsh Commission, etc. Currently, he is pursuing his Ph.D and the topic for his thesis is ‘Malicious Prosecution’.

    Chinmay talks about :

    • His experience interning under Ashok Mundargi, Senior Counsel and Adv. Shreekant Kanetkar, Ex-Chairman, Bar Council of Maharashtra and Goa.
    • Choosing to litigate as against pursuing post graduate studies.
    • Criminal law practice in India.
    • Working on high profile cases.

     

    Given that most of our readers belong to legal fraternity, how would you introduce yourself to them?

    Chinmay Bhosale, to be brief J. A confident lawyer with an eidetic memory, who eventually wants to contribute to the legal profession, education and jurisprudence in my own maverick way.

     

    Legal studies are still only a backup option for quite a lot of students. What motivated you to choose law as a career?

    Choosing law as a career came very naturally to me. I come from a family which has acclaimed legal luminaries who have achieved success in varied fields and capacities; be that of a Senior Advocate, Chief Justice, Vice Chancellor or even a Law Minister. So, I have always felt very humbled by my surname and have had a natural awe towards law.

     

    What were your areas of interest during your graduation? How did you go about developing expertise and knowledge in these areas?

    I had fleeting interest in International Law at once, which led me to pursue and win a National Moot Court relating to the subject. However, my major and “only true love” has been criminal law. Apart from having immense interest in subjects like IPC, Cr.P.C. and Evidence Act, as a student I even tried to cover peripheral sub-areas like human rights, medical jurisprudence and forensic science by way of diploma courses. Also, three out of five years of my law school life I interned with Senior Advocate Ashok Mundargi, one of the giants of the criminal bar at Bombay. The internship gave me great insights into the ‘practicality’ of criminal law and the profession.

     

    Tell us about your law school journey from the 1st year till your final year at ILS Law College, Pune.

    My 5 year journey at ILS Law College, Pune was quite eventful. I had my share of highs and lows. I entered as an low-on-confidence novice, and emerged as a confident and ‘borderline arrogant’(as some would say J ) advocate. In this transition I tried to do a bit of everything from topping the University thrice in my five years, winning a national moot court, being the Student Representative of my batch for three years, being a part of the Student Council of ILS Law College, Pune, completing four diplomas, interning with Senior Advocates and even being amongst the final 15 students for Rhodes Scholarship, India. However, the most humbling and learning experiences were my failures, which were quite a few J

     

    Tell us, what kind of work did you do in your internships with Senior Counsels?

    (During his law school Chinmay has interned under Adv. Ashok Mundargi, Senior Counsel and Adv. Shreekant Kanetkar, Ex-Chairman, Bar Council of Maharashtra and Goa.)

    I was almost like a permanent intern with Senior Adv. Ashok Mundargi, as every vacation I used to be working in his chamber. Most of my time at his chamber was spent observing his arguments and interactions at client conferences; and partly trying to contribute to his arguments. My experience with Adv. Shreekant Kanetkar was quite enlightening, more because I understood that I had little or no liking towards civil laws. However, at his chamber I learnt the art of productive and crisp research, as most of my time was spent trying to learn the concepts of civil law.

     

    What is your advice to budding mooters?

    (Chinmay has participated in various National and Intra-College Moot Court Competitions and he was a part of the winning team of the Technology Law Moot Court Competition, IIT Kharagpur (Rajiv Gandhi School of Intellectual Property Rights), 2008.)

    Well, I never was a great mooter, so it wouldn’t be appropriate for me to give any advice on that. However, I would definitely like to say to all the budding mooters out there that please do not consider moots as the whole and sole of your life at law school. Moot courts are bereft of reality, and there is a lot more to your life at law school than mooting.

     

    How important do you think are co-curricular activities in shaping the legal career of a law student?

    I think co-curricular activities play a major role in shaping the legal career of any student, especially of those who wish to be a part of the action in the Courts. Quite often, it’s the persona of the Lawyer which stands out than his knowledge of law. Co-curricular activities play a major part in honing that persona. For me, I was an avid trekker, a national level sportsman and had varied interests like playing tabla, learning graphology etc. All these activities have definitely helped me in succeeding at the bar.

     

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    How was your first year after graduation?

    It was quite an internal struggle. As a law student I had an inkling towards pursing my post graduate studies from U.K. and I had admission letters from majority of the elite universities like London School of Economics, University College of London etc. However, I chose to enter the Bar straight away, as that is what I always wanted to do. So I started out in Mumbai, a city which has taught me a lot. I continued as a junior advocate at the chamber of Adv. Ashok Mundargi, where I had already interned for three years. Thereafter, I joined the chamber of Adv. Satish L. Maneshinde.

     

    What comprised your work at the chambers of Adv. Ashok Mundargi and Adv. Satish L. Maneshinde?

    Working as a junior advocate at the chamber of Adv. Ashok Mundargi came as a natural continuation, as I had worked previously with him. However, at some point I felt the need to learn the nuances of criminal trials. Adv. Satish L. Maneshinde is the biggest personality in Bombay when it comes to criminal trials. I always had a desire to work with him. It was at his chamber that I learnt that a legendary advocate is also a legendary persona. My experience with both of them was quite antithetical, however equally enriching.

     

    Please give us some highlights of the high profile cases you worked on for the benefit of our readers.

    (Chinmay has worked on high profile cases with intense legal issues like 2G case, Hawala Scam Case, Maval Police Firing Enquiry Commission, Adarsh Commission, etc.)

    I have been very fortunate to have had the pleasure of working with three Senior Advocates viz. Adv. Ashok Mundargi, Adv. Satish L. Maneshinde and my father Adv.Dr. Sureshchandra Bhosale. I got to work on endless high profile and intense cases. In cases like 2G scam and Adarsh Commission I played an assisting role, gaining a world of knowledge. On the other hand, in cases like Maval Police Firing Commission I had a very active role in recording of evidence of numerous witnesses and arguing the matter, where I defended the Maharashtra Police successfully. Apart from the love of law, one also needs to have a healthy affection towards tireless reading in order to succeed in such intense cases.

     

    You have started your criminal litigation practice. What influenced your decision to start criminal practice after graduation? Why not civil litigation or corporate law practice?

    As I have stated earlier, I have always had a great liking towards criminal law. It is, as they say, in my blood. My father is one of the topmost and famed criminal lawyers of Maharashtra, and that worked as a catalyst for my decision. Also, having interned with a Senior on the civil side had given me a clear idea that I did not have any inkling towards civil or corporate law.

     

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

    Your first few years at the bar are majorly spent observing the proceedings, and it wasn’t very different for me either. Almost all the freshers undermine the necessity of this period, and pretend to be observing. However, this is the period which will define the trajectory of the life at the bar. As rewarding and fulfilling your life can be at the bar once you are successful and a known figure, it can be equally tiring and frustrating in the earlier stage. I would advice all the freshers to patiently outlive this difficult phase, without compromising the “observing”.

     

    Your main area of practice consists of criminal litigation. Please elaborate on the cases you normally deal with.

    My 75% work consists of criminal litigation, rest 25% is criminal consultation what they call “white collar crimes”. Thanks to the repute of my chamber, I have the good fortune of dealing with intense criminal cases day in day out in the Courts. They range from cases of murder, attempt to murder, marital cruelty, cheating and forgery, cases under the TADA, MCOCA, Anti- Corruption etc. Apart from that, there is a heavy inflow of corporate or white collar crime cases which are majorly economic in nature.

     

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    You are also pursuing Ph.D. Your Ph.D. thesis is on ‘’Malicious Prosecution’’. Why did you choose this particular topic in particular?

    Even though there is a plethora of cases that I myself defend every day, the truth is that accusations in 90% of the cases are baseless. In my 5 years at the Bar I had to face a conviction only once as a defence counsel; and that led me to choose my Ph.D. thesis topic. In India criminal prosecutions are handled very irresponsibly, as making allegations is free in our country. At the end of the trial, the accused is only handed over a judgment of acquittal. However, the loss of reputation, business, peace of mind, time, etc. are never accounted for. It is my endeavour to make extensive study of the concept of “Malicious Prosecution” and put forth suggestions for effectively preventing the same in India.

     

    Indian criminal law is, to a large extent, influenced by its British counterpart. Do you think if Indians would have framed our Penal Code, it would have been better?

    It is not largely influenced, it is entirely prepared and influenced by the British. However, it would be very harsh to say that Indians would have done a better job. I feel the law commissions of 1833 and 1853 have done an exceptional job, which eventually materialised into the Indian Penal Code. Since 1860, it has required far lesser amendments than what our very own Constitution of India has needed since 1950.

     

    If you were asked to suggest some changes to the present Indian Criminal law, what would they be?

    It would definitely be adding a chapter relating to ‘Malicious Prosecution’ in order to curb the vexatious litigations. Also, to have an effective change in the lives of common people, the fine component of all the crimes should be substantially hiked in order to have a deterrent effect as was intended.

     

    Tell us about a case that you are particularly proud of. What steps do you take to prepare for a difficult case?

    I am proud of all the cases that I have handled, as I would like to believe that I put in equal amount of hardwork in each and every one of it. In order to succeed at the criminal bar, it is absolutely essential to know each and every nuance of the criminal law, majority of which is now defined by plethora of judgments. Minutest of the aspects can lead to an acquittal or conviction. Hence, I start my preparation the other way round. After reading the chargesheet, I first get well versed with the possible intricacies of criminal law involved and the settled case laws on every such point. Thereafter, accordingly I prepare for my cross examinations. If you successfully follow this approach, arguments remain as a mere formality.

     

    How is your experience so far? What is your workday like? Are there new challenges every day or did work fall into a predictable pattern?

    It has been a fulfilling journey so far. Eventually, how is your experience at the bar, is totally dependent on your mindset. Even our planet has to go through various seasons, it’s not too different for the lawyers J .

     

    Beside your professional achievement, you are also active in many other activities. Please tell us about them.

    (Chinmay has been a national level player of Netball and state level player of Basketball. Chinmay is also trained in Graphology (Hand writing analysis) by world renowned graphology expert Mr. Milind Rajore and a certified student of his institute.)

    I always had a penchant for sports, and was very good at it too. This led me to participate at a competitive level both at State and National Level. As far as Graphology is concerned, I am a very curious person. So it was simply out of the curiosity to know more about hand writing analysis that I started learning it from a renowned graphologist. It did help me in quite a few cases involving forgery too.

     

    You are also engaged in social service activities. Could you enlighten us, in brief, about your role.

    I was briefly involved with MAD(Make a Difference) Organisation wherein I taught English to under privileged and slum children. Also, I am associated with an organisation named CFC (Contribute for Change) where we economically aid people for varied things like medical treatments, education, sanitation, tree plantations etc. I strictly believe that I should be living my life in a way that I can reach a vantage point, from where I could bring about some change in lives of as many people as possible.

     

    What do you look for in the profiles of the people you collaborate with?

    Confidence is utmost important for me, as the members of my team have to interact in the Court on a daily level. Moreover, the thirst for knowledge should be apparent alongwith the confidence. Either of the two, single handedly, are not of much use.

     

    What would be your parting message to law students who want to litigate just after graduation?

    Well, choose litigation only if you have tonnes of patience and an unshakeable will power. However, for one who possess both these qualities, life at the Bar will be very rewarding.

     

  • Anuroop Omkar & Kritika on authoring The Art of Negotiation and Mediation

    Anuroop Omkar & Kritika on authoring The Art of Negotiation and Mediation

    The authors Anuroop Omkar and Kritika are graduates of Gujarat National Law University (GNLU), Gandhinagar and are presently working in the Corporate Department of Lakshmikumaran & Sridharan. They have donned many hats. They jointly run a social service award Bauribandhu Mohapatra and GNLU Award for Social Service, co founded the company Bridge Mediation & Consulting Pvt. Ltd. and have been working tirelessly to spread the concept of mediation among the common masses and commercial groups in India. To give the subject more prominence and acceptance both among the masses and scholars, they decided to pen down a book on negotiation and mediation with LexisNexis. The book is extremely simple in terms of language and international in terms of quality and content. The concepts of negotiation and mediation have been explained with real life examples, childhood learning, mythological anecdotes and case studies of commercial negotiations. The book is titled ‘The Art of Negotiation and Mediation- A Wishbone, Funny Bone and a Backbone’ and is presently available on Flipkart, Amazon and LexisNexis.

     

    Tell us a bit about your law school experience of preparing projects and dissertations. Did the practice help you to in writing a legal book?

    If you make projects even a little seriously in law schools, they contribute to your knowledge base and enhance your research skills. According to us, making projects becomes interesting only if you choose an interesting topic, a real research area of law. Of course, it is not always possible, but at least in the subjects that you wish to specialize, you can always try to choose a critical area of research. Projects and dissertations help you evaluate what is your area of interest. We know many of our friends from law school who became interested in their practice area after they researched on the subject for a research paper at law school or during an internship.

    Making projects and dissertations was different from writing a book in many aspects. Projects and dissertations were purely law based where we presented the existing laws and gave our interpretation and suggestions. Our book is our attempt to bring law to the common masses. We have tried to present the practice of negotiation and mediation in a way that people who don’t practice law can also easily understand. Additionally, we have also tried to bring in the commercial aspects for businessmen and practitioners. We have also discussed business case studies where applicable.

    Lastly, I (Anuroop) always wanted to write on a subject where I was so comfortable that I would not have to footnote every sentence I write. While it was obligatory for us to footnote everything in our projects, our book is our own take on negotiation and mediation in India. We have made minimal use of footnotes by writing our original thoughts and interpretation. The book has helped me achieve my law school dream of minimalizing or even doing away with footnotes by promoting original thought and innovation.

     

    Can you please explain to us the sub title of your book ‘A Wishbone, Funny Bone and a Backbone’?

    We use techniques of negotiation and mediation regularly yet without consciously being aware of it in everyday life. Sometimes, the techniques don’t work to our advantage because we have the tool but we don’t know how to effectively use it. The book explains these techniques by relating them to stories, anecdotes or facts we already know but did not realize that they taught us something about mediation or negotiation. So, coming to the subtitle, if you wish to summarize the main attributes of a successful mediator or negotiator he should have a wishbone, a funny bone and a backbone.

    Our subtitle is best explained in our preface. Hence quoting:

    You need to have dream clouds floating in your head. You need a clear vision for what you want. You need drive and an innovative thought process. Or simply an idea that is so simple, it is out of this world. You need a wishbone.

    You need the will power to sustain the setbacks in life. You need to know how to turn a frown upside down. You need optimism to see every situation with a positive twist. You need hope. You need cheer. You need a funny bone.

    And finally to complete the vertebral column of dealing with disputes; you need a backbone. You need to know when your demands are reasonable. You need to know when not to allow someone to take you for a ride. You need to know when not to back out. You need to stand up for the fundamental principles of your life.

    You need a wishbone, a funny bone and a backbone to be the alchemist who comes out of disputes with more than what you had when you plunged into it.

     

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    Both of you being full time Corporate and Transactional lawyers, how exactly did you write a book on ‘The Art of Negotiation and Mediation’?

    Apart from our active legal practice, we also run Bridge Mediation and Consulting Pvt. Ltd. (BMCPL). BMCPL is one of the pioneers in organized international mediation and multi-cultural negotiation training and practice in India. BMCPL is in the process of providing comprehensive, world class training for students, corporate professionals, social workers, diplomats and bureaucrats in India. The training is presently provided in collaboration with Media Logos, Italy who bring in international mediators as trainers. We have held trainings for students and professionals with Tata Institute of Social Sciences (TISS), Mumbai, Gujarat National Law University (GNLU) and National Law University Jodhpur (NLU-J). So, along with our practice, we have been always interested in increasing awareness and promoting the practice of mediation in India.

    Negotiation also, is the main component of every one of our transactions. The terms of a negotiated agreement vary broadly based on practical needs of the client, feasibility and durability of the terms negotiated through the agreement and legal tenability depending on various jurisdictions and sector of business.  If an agreement is well negotiated, the dispute resolution will never have to be enforced by the contracting parties. A fine tuned agreement with clear negotiation based on the abovementioned criteria hardly ends up triggering the dispute resolution clause. Even if in the worst case scenario, if there is a dispute between the parties, a very strong and a reliable mechanism of third party mediation in confidentiality should be resorted to resolve the disputes without washing dirty linen in public.

     

    Explain to us a bit about the process of mediation.

    In mediation, a third neutral party manages the interaction between disputing parties. This ensures constructive negotiation between the disputing parties and helps them to agree on a resolution that is fair, durable, and workable. It is the disputants and not the mediator who creates and finally agrees on how the dispute needs to be resolved. In a way, mediation is nothing but the use of negotiation to resolve a dispute outside the traditional dispute resolution framework.

    In mediation, the parties retain control over the dispute and its outcome. This central feature of mediation- self-determination by the parties- is a facet of democratic process that the voice and wisdom of people can shape outcomes responsive to particular situations. In this respect, mediation is fundamentally different from litigation and arbitration, where power to determine the outcome is ceded to an arbitrator, judge or jury.

    Many myths surround mediation that mask its benefits and prevent its popularity in the marketplace. There is a common belief among business professionals that mediation lacks closure or binding authority. However this is not the case. A settlement agreement executed by the parties post mediation is as binding as all other contracts.

     

    There are so many other books by international authors on negotiation and mediation. How do you see your book contributing to the existing literature?

    As you have rightly pointed out, there is good international literature available on negotiation and mediation. We have referred to many of these good books like ‘Getting to Yes’ by William Ury and ‘The Middle Voice’ by Lela Love (who also happens to be one of my (Anuroop) trainers at the program I attended at CEU Hungary). However, cultural variations and cross cultural confluence plays a key role in the process of negotiation and mediation.

    We wanted to elaborate on the concepts and international practices with an Indian flavour. It is important for us to understand that negotiation and mediation are not alien, Western concepts. They have been part of Indian culture since time immemorial. There are so many examples on use of negotiation, mediation, related techniques and concepts in the Aesop Fables, Jataka Tales as also in the Indian epics of Mahabharata and Ramayana. We have tried to introduce these concepts to our Indian readers by co relating these numerous stories we have heard since childhood but did not know had so much significance in our adult life.

     

    Is the book India specific or does it have any global significance?

    Apart from the easily affordable price of the book in the Indian market and the Indian anecdotes and case studies, the practice of mediation and negotiation has certain established best practices which have proved to work worldwide. However, the psychology, approach, expectations and cultural practices in negotiation and mediation vary significantly in every country. We have tried to present mediation as it is understood in most regions of the world where it is practised widely like USA, Europe and Singapore. So, the book definitely has global significance. Additionally, India is the next global market and the book will be useful for any person who wishes to establish business connections in India and wishes to understand Indian psychology towards negotiation and dispute resolution.

     

    How is a 40 hour mediation training different from the regular ADR classes attended by law students across various law schools in the country?

    The ADR classes in law schools are definitely very useful in preparing a base for future alternate dispute resolution (ADR) practice. The classes introduce us to the basics and lay the foundation upon which we can specialize and build a sky scraper if we wish to. But Indians presently associate ADR practice with only arbitration and the same reflects in the course curriculum at law schools. Students end up studying the Arbitration and Conciliation Act, 1996 in great detail. A class or at the max two are devoted to mediation. Negotiation is not yet acknowledged as a mode of dispute resolution although lawyers have been informally settling matters outside court since the time court system exists in India. To top it all, ADR is an optional subject in many law schools and students many times end up choosing subjects which are more ‘scoring’ or require ‘less effort’.

    An internationally accredited 40 hour mediation training focuses more on skill development rather than legal interpretation. The training is generally conducted in a round table discussion format and provides participants an insight into not just mediation best practices and procedures but also related psychology, neurosciences, communication and body language. After attending the training, participants tend to approach everyday life differently. The participant’s perception of every conversation and difficult situation changes after the training. Of course, the willingness of a participant to absorb information and practice skills is another matter. That being said, being a good negotiator or mediator is more about a mindset adjustment rather than knowing the law. Most importantly, you do not need to be a qualified lawyer, psychologist or social worker to be eligible to apply for training and be a successful mediator. For instance, the housewives saved India from the impact of global financial crisis through their savings habit without being an economist. These housewives who undertake crisis management daily can also be very effective mediators.

     

    Can the experience of a lawyer or a judge be a good enough criterion and experience for being an excellent mediator?

    As we said earlier, it is not your qualification or experience in law which makes you a good mediator. What makes you a good mediator is your outlook towards disputes and life in general. For anybody to be a good mediator, you first need to step away from the adjudicatory mindset. You need to dip into the age old Vedic knowledge and be detached from the disputing parties and their conflict. You need to help disputing parties clear the cobwebs of their hurt and aggression to arrive at the real issues underlying the dispute which need to be resolved. A mediator should always approach mediation with an attitude of fortifying long lasting relationships and maintaining public goodwill of the disputing parties. We all know that an emotionally agitated person can never make good decisions. An excellent mediator calms down agitated disputants and helps them achieve an objective outlook of their dispute. Indians have a typical habit of thinking that they can solve anybody’s disputes and that their suggestions are absolute. A good mediator never succumbs to this temptation. He brings the disputants to a position where they themselves chalk out a solution. Only when the disputants themselves come up with the solution, they actually implement it instead of again objecting or appealing the outcome in a court. More and more people are refusing to accept terms being dictated to them by someone else. The rejection of debt terms by Greek public referendum is a strong indication of this changing outlook.

    Also, disputants generally come with very strong emotions and positions on a mediation/negotiation table. But the tight rope walk of a mediator requires him to not be affected by the strong emotions and positions being radiated by a disputant. If the mediator is himself not objective, neutral and highly pragmatic, how will he help the disputing parties?

    Bottom line-anybody can be a mediator if the person can inculcate these qualities and streamline them through training and practice. Your aptitude plus training by the right resource who is knowledgeable in international practices is key.

     

    Does mediation have any kind of legal sanctity in India?

    Presently, matters at court are being referred to mediation under Section 89 of the Code of Civil Procedure. Similar mechanism for commercial disputes is provided under Section 442 of Companies Act, 2013 but the provision and rules have not been notified yet. Indian laws provide for mediation only after parties approach the courts. Pre-litigation mediation is not governed by any laws in India presently. However, I wish to clarify here that the settlement agreement even in a pre-litigation mediation is binding under the Indian Contract Act, 1872.

    The Arbitration and Conciliation Act, 1996 provides for conciliation but not mediation. It is important here to note that conciliation is not the same as mediation. ‘Conciliation’ implies a stronger form of intervention. The conciliator, not the parties, often develops and proposes the terms of settlement. In conciliation, the conciliator is usually seen as an authority figure who is responsible for figuring out the best solution for the parties. The parties come to the conciliator seeking guidance. In this regard, the role of a conciliator is distinct from the role of a mediator who is more like a referee. Mediation is nothing but assisted negotiation.

     

    What do you mean by ‘international best practices’ of mediation as referred in your book?

    Mediation is being practiced professionally in United States of America since almost the eighteenth century. Pre-litigation mediation is practised extensively in civil matters in the European Union. Due to this extended practice of professional mediation, these practitioners have come up with certain principles and practices which increase the success rate of mediation. These rules are universal and have worked across the globe. Extensive research and market analysis on how mediation works best has been conducted. In Russian there is a ‘Kahavat’ as we say in India: The wise man learns from someone else’s mistakes, the smart man learns from his own and the stupid one never learns. When the world has already set standards based on trial and error, these standards should first be adopted and implemented by us to build the foundation of mediation in India. At the next level, we should customize these standards based on our own empirical research and innovate further.

    One of the best examples of an international best practice is maintaining confidentiality. The names of the disputing parties, the facts of the dispute, the mediation proceedings and the outcome of the mediation should be guarded by confidentiality. This helps disputants preserve goodwill and resolve their disputes in a way they think best without the pressure of public scrutiny and expectations.

     

    Has your book been launched officially? If not, when is the official launch of the book? Can the readers attend your book launch?

    Our book is presently available on Flipkart, Amazon and LexisNexis for the readers. But the official book launch is at India International Centre, New Delhi on 7th August 2015. Interested readers who wish to attend the book launch can definitely drop us a mail at omkaranuroop@gmail.com on or before 21st July 2015 and we would love to have them at the launch subject to availability.

     

  • Appanna Poonacha, Senior Manager – Legal, Ocwen Financial Corporation, on work experience at Manthan LPO and ISGN Bangalore

    Appanna Poonacha, Senior Manager – Legal, Ocwen Financial Corporation, on work experience at Manthan LPO and ISGN Bangalore

    Appanna Poonacha graduated in law from University Law College in 2006. Right after the completion of his graduation he joined Manthan Legal. After working at Manthan for almost six years, in 2012 he started working in ISGN, Bangalore. At present he is working as the Senior Manager – Legal of Ocwen Financial Corporation.

    In this interview we talk about –

    • His journey through years of law school.
    • His work experience at Manthal Legal and ISGN, Bangalore.
    • His role of work at Ocwen Financial Corp.
    • Pursing Masters in Business Laws (MBL) program from NLSIU, Bangalore.
    • Certificate courses on banking and financial services

     

    Please introduce yourself to our readers. Where did you grow up and complete your initial education? How did you decide to take up law?

    I am Appanna Poonacha. I am a Bangalore based corporate lawyer. I currently work with Ocwen Financial Corp. as a Senior Manager – Legal. In this role I am heading the company’s legal contracts functionality and oversee all commercial transactions at Ocwen’s India offices. I was born into a family of lawyers at Coorg, a place which is popular for its coffee, spices and picturesque landscape. I grew up watching my dad practicing law. I completed my schooling at Coorg and then pursued my Pre-University at St. Joseph’s Arts & Science College, Bangalore. I graduated in Law from University Law College in 2006.

     

    How was your law school experience? What activities were you involved in law school?

    Law school curriculum offers exposure to various subjects in law. This is the first step towards understanding each subject in depth. Moot courts and internships churn you towards the practical side of law practice. I actively participated in these activities which provided exposure to various challenges you come across as a lawyer. You also build skills related to leadership, teamwork and conflict management.

     

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    Upon graduating, you started working at Manthan Legal. What exactly does the company do, and what did your work profile involve?

    Soon after graduation, I got an opportunity to work with Manthan Legal, an LPO which then specialized in providing litigation services to law firms in the United States. Joining an LPO back then was like exploring a ‘road less travelled’. There weren’t many players in this field. Manthan gave a platform for me to work with attorneys in a global set up. This was my first stint in a corporate firm. Here I successfully managed revenue portfolios close to 1Million USD, leading a large team of attorneys catering to these law firm clientele. I was responsible for delivery operations, accounts’ management, client relationship management, business development and growth strategy of the BU.

     

    In 2012, you started working at ISGN, Bangalore. What did your work at ISGN consist of?

    After 6 years of working at Manthan, I got an opportunity to work with ISGN as an in house counsel. ISGN is a provider of mortgage technology and services for lenders, brokers and servicers in the US Mortgage industry. I was primarily responsible to oversee litigation & contracts for company’s regional office at Bangalore.

     

    Currently, you are Senior Manager at Ocwen Financial Corporation. What do your responsibilities include? What does an average day of work at Ocwen look like, for you?

    Ocwen is one of the largest providers of residential and commercial mortgage loan servicing, special servicing and asset management services in the United States. I am currently heading the Contracts team at Ocwen’s offshore facility in India. On a normal working day, my work involves liaising with internal teams, negotiations with clients and assisting the business with legal support in contracts.

     

    What do you look for in potential candidates while recruiting them? Please describe the management and HR policies that Ocwen follows?

    For me a potential candidate shall possess high values of work ethic, a drive to achieve and willingness to learn. Knowledge and skills are personal assets which qualifies an individual to grab opportunities. Ocwen is a workplace that believes in Customer Centric Quality, Inclusive Meritocracy, People, Integrity and Teamwork.

     

    Do you agree that law firm atmosphere is more competitive and challenging? Has your work been an exception to this notion?

    I would not buy that thought. Every profession has its own challenges. In today’s global environment, it is unfair to make comparisons.

     

    What are the essential requirements that a law student must fulfil in order to pursue a career in financial services? Do you think additional degrees like CA or CS help in this regard?

    Every day is a learning opportunity. There is no one success formula to be successful professional in any industry. Knowledge that you gain as a student, as a young professional will contribute towards personal/professional growth and success in your career. Additional knowledge and skills are always an added advantage.

     

    Has the Masters in Business Laws (MBL) program from NLSIU, Bangalore helped enhance your skills and abilities in a professional capacity?

    Absolutely! Knowledge in any form has no boundaries or limitation. I was privileged to get enrolled for MBL from NLSIU. It provided me access to some of the best legal academicians and resources of law in this country. The program itself was targeted to corporate professionals.

     

    How did completing a few certificate courses in banking and financial services help?

    Financial Industry at the United States is highly regulated. These certificate courses helped me to understand the various laws related to compliance in the day to day functioning of these corporations.

     

    Lastly, what is your plan for the future? What advice would you give law students wishing to pursue a career in financial services?

    My goal is to be a General Counsel of a large multi-national corporation. My sincere advice to law students is to utilize the various opportunities provided to them during their law school tenure, dedicate your time to gain knowledge and skillsets. Always aim for the sky!

  • Namrata Chatterjee, Associate, Shardul Amarchand Mangaldas, on leaving law firm for FIFA masters, studying law at NLU Jodhpur and cracking job interview

    Namrata Chatterjee, Associate, Shardul Amarchand Mangaldas, on leaving law firm for FIFA masters, studying law at NLU Jodhpur and cracking job interview

    Namrata Chatterjee is a graduate from National Law University, Jodhpur (2013 batch). She worked with Amarchand Mangaldas & Suresh Shroff & Co, Delhi (now Shardul Amarchand Mangaldas) for around two years and has just left the organization to pursue the FIFA Master Program; a masters in humanities, management and law of sports, on a full tuition fee waiver. We asked her to share her law school and work experiences, and reasons for leaving one of the best jobs in the country.

    In this interview, she talks about:

    • Law school experience at NLU Jodhpur and all about balancing Academics with co-curricular
    • Cracking AMSS interview, work experience at AMSS and the first year of graduation
    • Applying for the FIFA Masters programmer and qualifying for full tuition waiver

     

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

    Hi, I am Namrata Chatterjee, a graduate of the 2013 batch of National Law University, Jodhpur. I worked with Amarchand Mangaldas & Suresh Shroff & Co, Delhi (now Shardul Amarchand Mangaldas) for around two years and have just left the organisation to pursue the FIFA Master Program; a master in humanities, management and law of sports, on a full scholarship (full tuition fee waiver).

    To be honest, Law was never my first choice career option. I had taken up the science stream and was preparing for the engineering entrance exams during my XIth and XIIth standard. Though a lack of passion in the subjects I was pursuing made me realize it would be a mistake to keep continuing down a path which wouldn’t give me work satisfaction. Hence, I then decided to pursue law. The fact that my father, who is in the Civil Services also has a law degree and my mother is also a lawyer, though she left practice a long while back had me interested in the legal profession. Though ultimately, the decision to take up law came after my elder sister, Amrita Chatterjee commenced her legal studies at NUJS, Kolkata. Therefore, while giving CLAT, my first choice was NUJS so that I could study in the same college as my sister, after studying in the same school, D.P.S R.K. Puram together.

    However, as luck would have it, I did not get through NUJS and made it to NLU, Jodhpur instead. Initially I was unhappy about the same, but in hindsight I feel it was a great thing to have happened to me as studying in a different college than my sister gave me a lot of different exposure and surely made me much more independent in life.

     

    How did you make the initial shift from a science background to law? Would you say it was difficult settling in?

    I had taken up the science stream as that was the most encouraged field to be taken up after securing over 90% in my class Xth Board exams. Though once I did take up science, I began to realize that a career in engineering wasn’t my real calling. Though when I made the shift to law, there again I got the option of taking up B.A/B.BA/B.SC (LL.B) in NLU, Jodhpur. However, this time around I decided to go with the pure social sciences and opted for B.A LL.B (Hons). Though there was one thing about the science stream that helped me in my legal studies and that was the enhanced logical reasoning skills and the propensity to question. So, I would say, it was never difficult for me to settle into legal studies.

     

    Tell us about your college life at NLUJ. What all activities did you partake in?

    In a sentence, College life at NLU, Jodhpur has given me memories of a lifetime. Though, I took a little time to settle down in Jodhpur initially having lived in Delhi for most part of my life. However, soon I became used to the quaint environment of Jodhpur. NLU, Jodhpur not only stressed on academics, wherein we had continuous assessments throughout the semester along with presentations and compulsory court room exercises in the law subjects, it also gave ample opportunities for interested students to take up mooting, debates, MUN’s, cultural activities and sports among other things. In fact, if likeminded students got together, they had the independence to start a lot of interesting activities etc. I participated in MUN’s and paper presentations and that helped us to travel along with getting a good exposure.

     

    Please tell us about the manner in which you approached academics while in college. Please share some highlights from your college days that shaped you as a lawyer.

    I always took academics seriously. I maintained a good CGPA throughout the five years. Though I’ll be honest, I did not pay attention to everything that was taught in class always and rarely ever took notes. Rather, only subjects of my interest and especially the classes taught by some of the teachers who made the classes rather engaging caught my full attention. However, to prepare for the continuous tests and exams, I always studied in groups and studied from the notes taken by my friends and generally always fared well in the exams. I would not have specific highlights that shaped me as a lawyer, but it was more of a gradual process, being aware of your rights and trying to reason with the teachers and administration to convince them, debates and discussions with my friends and finding evidence to back my points amongst other things shaped me as a lawyer.

     

    A lot of law students in their first and second year of law school plan to change the legal regime of India. Many of them promise themselves to work pro-bono on social issues, curb menaces and threats to the society. Have you ever felt that kind of thought crossing you?

    Yes, I wouldn’t deny these thoughts having crossed my mind at several occasions. Not just during college but even when I worked at Amarchand. Sometimes a cab driver while dropping me to the High Court would seek my legal advice or my house maid would approach me with a legal dispute and at those moments, I kept feeling the need to give back to the society and help the under-privileged with whatever legal knowledge I have. However, to be able to do some pro-bono work, firstly I think it is important to gain more knowledge, work experience and the resources to truly be in a position to help others and yes, if possible someday if not full time, I would hope to assist in some way in taking up pro-bono matters in whatever field I am pursuing.

     

    How did you fare in your academics at NLUJ? Would you say a great CGPA is a necessity to kickstart a good career in the legal profession?

    I maintained a consistent CGPA in college and stood within the top ten percent of my batch. A good CGPA is not the only measure to secure a good career in the legal profession. Interest in what you pursue and working hard in internships and other extra-curricular activities help as well. However, as the recruitment scenario of the big law firms go, if you have a good CGPA, it helps you to get shortlisted for the interview comparatively easily. Though maintaining a good CGPA is hard work in itself. However, that gives you the leeway from the stress of securing a PPO through the internships. Further, moot courts, publications and such activities does help in building a good CV, but as I can say from my own example, these things are not necessary to secure a good job. I only participated in one moot late into my 4th year that too since it was a moot in IPR, a subject of my interest and I did not have any publications during law school. So, it is not necessary to participate in a lot of moots etc. However, if you are interested in them, taking them up would be an added benefit. However, a good CGPA and a good interview helped me to secure a job at Amarchand.

     

    Which subjects did you enjoy during your qualifying degree? How did you go about developing expertise and knowledge in these areas?

    I particularly enjoyed the Intellectual Property Rights and related law subjects the most in law school. I even took up IPR as my specialisation or honours subject. Though, even more than IPR, I was passionate about sports law. From my childhood, I have loved sports and this field of sports law gave me a chance to explore the interplay of sports and law. However, sports law as a subject was not taught in my college. Therefore, to pursue my interest in the field, I constantly kept reading websites like lawinsport and pursued internships in the field. I even mentored some of my juniors in sports law under the academic mentorship program initiated by some of the students in my college. In furtherance of this interest, I even took up sports law as my seminar paper in my final semester. Even in IPR, I was more interested in copyright and trademarks as opposed to patents and I constantly kept reading, writing and researching on the congruence of IPR and sports law. Even for the research paper/projects we had to develop in most of the subjects taught in college, I would try to write them on sports related topics.

     

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    How did you plan your internships? How relevant did you find your law school education with the kind of work you were required to do at law firms?

    I actively planned to take up at least one internship in a year. I never over burdened myself with internships as I always wanted to keep some time off to spend with my family and friends at home. However, I pursued internships keeping my interests in mind. In my first year, I interned at NHRC, subsequently I pursued litigation internships with advocates and law firms like Luthra & Luthra and Parekh & Co. Though from my third year onwards, I started streamlining my internships even further to explore and gain experience in areas I was most interested in, being IPR and sports law. Therefore, I interned at Law Offices of Nandan Kamath, a boutique sports law firm in Bangalore and Copyright Integrity International. I even interned with Retd. Justice Mukul Mudgal and gained firsthand experience of interesting work in sports law.

    Law school education is the foundation to develop how you interpret the laws and the approach towards legal thinking. Though from experience, I would say that we learn more on the job than we learn in law school.

     

    Did you find that your law school education had prepared you sufficiently for the many tasks you were required to execute during your internships and later at your job?

    As I just said, law school education helps you to develop a legal thinking and good researching skills. Further, the subjects that one takes interest in law school, those subjects and certain landmark cases therein stays with us always. However, we learn most subjects and topics on the job when we are faced with a practical situation regarding the same. In a way, the curriculum at NLU, Jodhpur and the continuous tests, mid-terms, vivas, projects, presentations, moots throughout the semester prepared us to work late into the night when required and meet deadlines in any manner and these things surely help us to be prepared with the work life and expectations at your job.

     

    Soon after graduation, you joined AMSS as an Associate. How did your appointment take place? What worked for you in securing the job?

    I got placed at AMSS at day zero of our placements that year. I had never interned at AMSS before so did not know what to really expect there. However, I was shortlisted for the interview based on my CV and my good CGPA I believe. I think my interview happened very comfortably and I was confident throughout the interview and that helped me secure the job. As also, as I have previously mentioned, a good CGPA, some varied and good internship experiences and participation in paper presentations and such activities helped my case.

     

    How was the job interview? Do you remember any of the questions asked to you? Please give our readers some tips to nail a law firm interview.

    The first round of my job interview was the group discussion round and we got to discuss and debate on the Indian Premier League, since I am very passionate about sports, the topic put me at complete ease. Post the GD, we had a personal interview round which was a mix of HR and technical questions. Though, I would really like to mention that staying calm and comfortable in an interview really helps. Even if you are unsure about a particular question, put it across to them that this is what you think and tell them that on this particular point you may not be completely sure. However, the subjects you are interested in and things mentioned in your CV about projects or internships, those things one should be aware of while preparing for the interview. Know your CV well and what you tell them you are interested in and at least show that you have taken some steps towards your interest. Further, for the HR questions don’t make up answers or take long to think and answer rather use your wit and give appropriate answers, it would surely help.

     

    How was your first year after graduation? What do you think were the biggest hurdles and challenges in the early days of your career? How did you deal with them?

    The first year, more so the first six months in your job are the most difficult. If one can mentally survive through the challenges that come up in the initial phase of your job, it becomes easier to handle pressure further. Since, in AMSS they had a policy of rotation for the fresh graduates who joined them; I was placed in a corporate team for the first phase post joining AMSS before being ultimately placed in the litigation/dispute resolution department. However, since I was always interested in pursuing litigation in AMSS and having never really interned in a corporate law team in any of my previous internships, I was not very comfortable in starting my career doing corporate law. Therefore, initially I took time to settle down, took more time to complete assignments, though some of the seniors understanding my position really guided me well. So, it is very important to get good seniors to guide you initially and one should not hesitate to ask questions and soon one figures out the expectations of their seniors and how to handle timelines without compromising quality.

     

    What kind of work and responsibilities does an Associate at AMSS deal with?

    In the first year of my time at AMSS, being in the corporate department, my work responsibilities included research, assisting in drafting responses and opinions and assisting in drafting due diligence reports, though once I shifted to the litigation department, my work responsibilities increased due to shorter deadlines before court hearings. Most of my work responsibilities included research, drafting the first draft of some of the pleadings and counsel briefing notes as well as providing assistance in counsel briefings and court hearings. Also, we are expected to know the files well and be adept at paper management in briefings and hearings to aptly assist our seniors. Due to large number of matters across various judicial forums, in a lot of matters I got the chance to go to courts by myself for filing as well as minor appearances.

     

    Tell us about a case that you are particularly proud of. What steps do you take to prepare for a difficult case?

    There have been one or two high profile cases I have been involved in and due to the high stakes of those matters, it has been very interesting to work in them. The biggest advantage I felt of working in Amarchand was the diversity of matters and especially the big matters that we got involved in. These matters involved various complex questions of law and gave us a chance to closely work with senior counsels and adopt their good practices as well.

    Difficult cases require extensive research and thinking out of the box. One should always keep thinking of innovative arguments and put forth their views to their seniors.

     

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    What has been your strategy to deal with errors and mistakes?

    It is only human to err. Even I have made some errors and mistakes in my time at the firm, but dealing with them and finding quick fixes is one more thing this job has taught me. In fact, I would say along with work experience, this job has taught me more of life experiences. In terms of mistakes, I can give an example, say, if at all I would forget to bring copies of an important case law to the court, I would go to the court library and secure copies of the same before the damage is done. Therefore, it is important to reach for conferences and court a little before time and know your bags and papers well, so that these kinds of errors can be fixed within time. However, if you have made mistakes which you cannot easily fix, always bring it to the notice of your seniors so that they can use their experience for crisis management rather than hiding it from your seniors.

     

    How do you keep yourself abreast with latest industry news and trends?

    It is indeed important to be abreast with latest news in our profession. Reading the newspaper daily helps in this regard. So many times while researching for a case, I can remember reading about similar cases in the newspaper and then that helps with finding relevant and recent cases. It is also important to keep reading articles and SCC Online etc for the latest cases especially the landmark ones that come up. It is also very important to check the current position of law regarding every proposition one has to argue for their case.

     

    There is a considerable attrition rate at the top law firms, what do you think contributes to this? What has been your personal experience?

    The attrition rate is considerably high at the top law firms because the work pressure is surely a lot. Also, it more so depends on the reason one enters the law firm. Some people come to gain some good work experience before proceeding for their masters, which is somewhat my own case as well. While some people cannot deal with the daily demands and stringent deadlines, some people after joining realize this is not their interest area and move towards what they are really interested in. However, this is true that if one wants a less hectic life and most of their weekends free and finds it difficult to maintain the quality of work in extremely short deadlines, then it is difficult to continue in a big law firm.

    Personally also, after working here for around two years, I am now moving on to pursue my masters in a field which I have always been keenly interested in, i.e sports law. I applied to colleges and courses specifically providing for masters in IPR or sports law and applied and secured admission to University of Zurich, ISDE Madrid, George Washington University and the FIFA Master program and even secured a scholarship everywhere. So once I received the full scholarship (full tuition fee waiver) at the FIFA Master program, I knew it was time for me to pursue a field I am more interested in and the experience at Amarchand would definitely help me everywhere ahead. So, my reason for leaving the organisation was that though I was doing good litigation work, it did not involve a lot of sports related disputes and I wanted to always pursue my masters post getting a couple of years work experience.

     

    Life for lawfirmites can be very hectic at times. What is your take on work-life balance? How do you unwind?

    Yes, life at a law firm is hectic but during court vacations, things are less hectic and most people take their leaves at that time. I feel it is very important to have a work life balance; otherwise one tends to lose interest in their work and is busy dealing with deadlines and stress rather than enjoying what they do. So, as much as possible one should relax as well as go out with their family and friends on the weekends and try and avoid getting work back home, unless the situation really demands for it. Even in office, one should take small breaks to interact with their friends and walk around a bit to avoid sitting at their desk at a stretch for long hours.

     

    How did you decide to leave a cushy law firm job for the FIFA Masters programme? Please tell us about the programme and how you got gravitated towards it.

    I agree, it isn`t an easy decision to make when it comes to leaving a secured and well paying job for an uncertain path. However, I did what I feel will give me the right platform to pursue my field of interest.

    I have been a sports buff since my childhood. My father always found a partner in me to watch matches with him and then engage in endless discussions about various players and game strategies! Therefore, once I took law, it was only natural that sports law caught my attention the most. Now, to try and succeed in a sports related field, it is important that I obtain the right exposure and specialised knowledge. In that regard, the FIFA master fit my requirements perfectly.

    The FIFA master program is an international M.A teaching three different aspects which form the core of working in a sports related field, being humanities of sports, management of sports and law in sports.

    The first module is the humanities module which takes place in DeMontfort University, Leicester and covers aspects relating to the history and development of sports and sports organizations. The second module is the management module and is held at SDA Bocconi school of Management, Milan and the last module of the 10 months program is the law module dealing with the legal aspects of sports, dispute resolution, ethical issues in sports etc, to be held at University of Neuchatel, Switzerland. The final degree is awarded by all the three partner universities in association with CIES and FIFA.

    Along with the classroom teaching and guest lectures, the program also includes field visits to various sports clubs and organizations like FIFA, UEFA etc in order to learn about their fuctioning, marketing, governing regulations etc from the relevant experts.

    I have decided to undertake this program as along with sports law, this also widens my arena to cover management of sports which are upcoming fields in India and post completion of this masters, hopefully I would be able to contribute to further developments in these fields.

     

    How did you manage to get a full tuition fee waiver? Could you please detail the procedure in details?

    The option to apply for the scholarship is present in the main application itself and the selection procedure for the course takes place in two stages. If one is shortlisted based on the application, they then have to give an interview to be finally selected. So, during my interview I was told that they generally do not give the full tuition fee waiver scholarship to one person rather look towards dividing it amongst a few students. However, post the interview which wasn`t really a technical one, when I was finally informed of my selection, I was also informed that I have been awarded the full tuition fee waiver. The scholarship is given on the basis of need as well as merit.

     

    The question that whether one should specialise in a particular area of law or be more of a general lawyer often comes up before law students. What is your opinion on the same?

    I am going to pursue the FIFA Master program which in itself is a very specialised and unique course. This is a program organised by CIES and FIFA and taught by three partner universities being De Montfort University, SDA Bocconi School of Management and University of Neuchatel across England, Italy and Switzerland respectively. This program teaches the most relevant inter-disciplinary fields related to sports-humanities, management and law of sports. This program would surely enhance my knowledge and interest of sports law and along with it would also open the ambit of sports management if I choose to pursue the same. I agree, leaving a secure job and going to do something so niche might be a bit of a risk. However, I believe one should at least try to pursue what they love rather than keep regrets in life. So, particularly I feel if one has figured that they are interested in a specific field over the others and performs their best while dealing with work in that area then they would always enjoy what they do and get appropriate outcomes too. Working on laws that one does not find interesting, like I never enjoyed corporate laws doesn’t help in one’s growth and development as a lawyer. So, it is important to start as a general lawyer but if you feel there are some areas you enjoy more than the others, I would suggest and encourage one to pursue them further.

     

    What would be your parting message to law students?

    Work hard, enjoy what you do and don’t be afraid to take risks and explore options.

     

  • Roshan Gopalakrishna, Chief Legal Counsel, Copyright Integrity International, on work in sports and entertainment law and law school experience at NLSIU, Bangalore

    Roshan Gopalakrishna, Chief Legal Counsel, Copyright Integrity International, on work in sports and entertainment law and law school experience at NLSIU, Bangalore

    Roshan Gopalakrishna graduated from NLSIU, Bangalore in 2008 with a keen interest in sports and entertainment law. He is currently the Chief Legal Counsel at Copyright Integrity International and Senior Associate at the Law Offices of Nandan Kamath. He has advised the International Cricket Council on rights protection and is also a member of the Taskforce set up by the Karnataka Knowledge Commission to draft a comprehensive Sports Policy for the State. In this interview he talks about:

    • Pursuing sports and entertainment law.
    • Representing India at the Australia-India Youth Dialogue 2015.
    • Working at CII and the Law Offices of Nandan Kamath.

     

    Our readers consist of law aspirants, law students and young lawyers. How will you introduce yourself to them?

    Hello everyone. I’m a sports and entertainment lawyer with 7 years of experience in advising various stakeholders in sport. I graduated from the National Law School of India University in 2008. A large part of my life revolves around sport, and I hope it continues to stay that way!

     

    Tell us a bit about your childhood and pre-college life as well as educational background. Do you have lawyers in your family?

    I was born in the coastal town of Karwar, Karnataka. Apart from being a place of great natural beauty, (the Western Ghats, the Kali river and the Arabian Sea all meet here) Karwar is famous for two things (i) Project Seabird – which will develop into the largest naval base east of the Suez Canal (ii) inspiring Rabindranath Tagore to pen Prakritir Pratishodha (Nature’s Revenge). Tagore’s brother Satyendranath was a district judge in Karwar in the 1880s. In Tagore’s words – “The sea beach of Karwar is certainly a fit place in which to realize that the beauty of Nature is not a mirage of the imagination, but reflects the joy of the Infinite and thus draws us to lose ourselves in it. Where the universe is expressing itself in the magic of its laws it may not be strange if we miss its infinitude; but where the heart gets into immediate touch with immensity in the beauty of the meanest of things, is any room left for argument?”

    I was born into a family of doctors on my mother’s side and civil servants on my father’s side. There were absolutely NO lawyers on either side of the immediate family. As my father was a civil servant, we were able to experience life in many districts across Karnataka. As a devout follower of the state syllabus, I completed the SSLC from Sri Ramakrishna Vidyashala Mysore, one of Karnataka’s best residential schools for boys, and II PUC (Science Stream) from the Government PU College, Chikkamagalur.

     

    In India there is bit of resistance towards legal education even now. What motivated you to choose law as a career?

    I think I realised early on (around 8th standard – I was an early thinker!) that I did not have the aptitude required for a career in medicine or engineering. The larger issue was that it took an additional 2-3 years for me to figure out what exactly it was that I wanted to do. At boarding school in Mysore, the correspondent Rev. Sw. Muktidanandaji and the warden Rev. Sw. Atmashraddhanandaji suggested that a career in law and specifically at NLSIU would be a good option given my inherent qualities.

    My parents were extremely supportive of my decision and it helped that my father was aware of NLSIU’s reputation from his time as the Registrar of Bangalore University in the 90s. After that it was a matter of focussing on the NLSIU entrance and hoping for some divine intervention.

     

    How did you get through to NLSIU?

    Ah, after two years of trying!

    I attempted the NLSIU entrance exam in 2001 for the first time, and ended up with a rank in the top 100 or so, but missed the cut-off of 115 by about 4-5 marks. It was particularly devastating as I had no back-up option and I knew that some of the haste that I showed in the last 15 minutes of the test had proved to be my undoing. So while my father was posted in Chikkamagalur district, I basically just spent a whole year reading, playing cricket and badminton, and ‘preparing’.

    Wiser, I attempted the NUJS and NLSIU entrance tests in 2002. The result of the NUJS entrance test was shocking to say the least. I ranked second overall! While I was undoubtedly pleased as punch, unfortunately, it also brought out one of my worst qualities – hubris, and I just assumed that I’d waltz through the NLSIU entrance as well. The NLSIU entrance test of 2002 was probably the toughest in the history of the institution. The topper scored 99/200! Yours truly was ranked 62, basically bottom of the waiting list.

    The academic term at NUJS started a month in advance of the term at NLSIU.  As I had already paid the fees, I joined NUJS in June 2002 (Kolkata during the 2002 FIFA World Cup that Brazil won, beat that!). As fate would have, an opening at NLSIU in mid-July meant that I was able to join NLSIU at last, by the skin of my teeth no less.

     

    Tell us about the places you have interned at. Did you plan your internships throughout law school?

    At NLSIU, the 2-month break internships are largely structured as follows – first year and second year: usually NGOs or non-legal, third year: trial courts, fourth year: appellate courts and fifth year: usually with a law firm or a company.

    I followed this roadmap for the large part. More so since at NLSIU the trial court + appellate court + fifth year internship count towards a grade. Once I realised that my interests were in the sports ecosystem, I pro-actively sought opportunities to work at sports management companies, leading to internships with Mahesh Bhupathi’s Globosport, the Organising Committee of the Sony Ericsson International Bangalore 2007 (a WTA tier 3 tournament) and with Mr. Vinod Naidu – Sachin Tendulkar’s manager. Further, I was also able to convince members of the faculty at NLSIU to include sports related topics in the list of project topics allotted to students (IPR, ADR, Business Contracts, etc.). I guess this was a fun way of getting the most out of your passion and your profession.

     

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    Currently, you are working at two boutique firms CII and The Law Offices of Nandan Kamath that are now widely regarded as the best firms for IPR protection and sports law in India. Please walk us through your work profile in both of these organizations.

    I joined CII and LawNK on June 1, 2009. On graduation from NLSIU in 2008, I headed to Melbourne to work with a law firm. Changes to the requirements for Indian lawyers to qualify locally in the state of Victoria (studying 11 Australian law subject to qualify, as opposed to 3-4 in 2007-08) meant that I headed back to familiar shores earlier than I had planned. I also managed to gain 2-3 months of experience consulting for an advisory company engaged in the Australia-India space.

    At LawNK, I was the firm’s first associate. At CII I was given the opportunity to build the company’s trademark monitoring practice. The clinching factors were (i) the opportunity to work in Indian sport (ii) a chance to work with Mr. Nandan Kamath, India’s premier sports law practitioner.

    Both choices have been equally rewarding! I currently occupy the role of Chief Legal Counsel at CII and Senior Associate at LawNK. In addition, I also provide pro bono legal assistance to the GoSports Foundation. CII is now one of the world’s premier rights protection agencies, and LawNK has been ranked amongst the 50 best boutique law firms in Asia, the 50 best IP law firms in India and was officially appointed to provide legal advice to the ICC on commercial matters during the CWC 2011.

     

    You have advised ICC [International Cricket Council] on anti-piracy and rights protection its flagship events (CWC, Champions Trophy, World T20). What has your experience been?

    CII has been the ICC’s Rights Protection Partner since the ICC World Twenty20 2009. Our mandate is simple. We work with the ICC’s legal team in protecting the legal sanctity of the ICC’s 3 major revenue streams – ticketing, broadcast and sponsorship.

    Typically for an event such as the CWC, our work starts about 4-5 months in advance of the event. We dedicate teams of between 2-8 individuals for specific online, off-line and on-ground monitoring roles – monitoring live broadcast, highlight videos, trademark infringement, etc. and look to resolve infringements without the need for litigation. A large part of our efforts are focussed on educating the public on the permissible and impermissible use of the ICC’s IPR. Towards this end, we issue various public advisory documents and articles in newspapers. Personally, I have been able to lead the on-ground efforts at stadia in Bangalore (CWC 2011) and Chittagong (WT20 2014).

     

    Tell us about your experience, being a part of the Taskforce set up by the Karnataka Knowledge Commission to draft a comprehensive Sports Policy for the state.

    Well, for one, this has made my parents, in-laws and wife (in no particular order!) extremely proud!

    The Karnataka Knowledge Commission is a high powered commission constituted in September 2008 under the Chairmanship of Dr. Kasturirangan with an overarching aim of transforming Karnataka into a vibrant knowledge society. Each state in India now realises the importance of sport, and the taskforce is certainly the first concerted attempt by the GoK to address the lack of a comprehensive policy on the subject. The focus of the policy is to enable citizens to start, stay and succeed in sport, at various levels and support excellence, while using certain parts of Karnataka’s proven strengths (IT, BT, ITes, higher education) to create a strong system to administer and develop sport in the state. We hope to release the sports policy in a few months.

     

    What contributed to your selection as an Indian delegate for the Australia India Youth Dialogue 2015?

    The AIYD is the pre-eminent track two dialogue between young leaders from Australia and India. It was set up in 2009, around the time that Indian students were falling victim to attacks in Australia, with a view to get young leaders in both countries to interact and, in the long term, to increase cultural exchange and awareness. Each year AIYD brings together 15 Australian and 15 Indian young leaders who are experts in their fields of business, arts, academia, diplomacy, government, science and sport to discuss opportunities and challenges significant to the Australia-India relationship.

    As sport is one of the focus areas for the AIYD, and we have a lot of blue-chip sports clients based in Australia, I was able to indicate consistent engagement in the Australia-India space, and an ability to contribute to mutual co-operation (Australia has released a Sports Diplomacy Strategy 2015-18 which presents huge opportunities to develop sport at various levels in India). My Australian counterpart (on the sport side) was Lisa Sthalekar, arguably the greatest female cricketer of all time!

     

    You are a regular contributor to SportzLaw Monthly and lawinsport.com on issues relating to law and sport. How do you keep yourself updated of the recent developments in the field of Sports law and Intellectual Property Rights?

    Just to clarify, these are not research papers or academic articles! The articles that the team at LawNK has published are an attempt to capture the present position on the inter-play between Indian law and sport on various issues, and to explain the position in a manner that is easy to read for students, marketers, etc. We’re happy that our articles go some way in bridging the knowledge gap when it comes to law and sport in the Indian context. For those interested, the articles are available at – https://lawnk.wordpress.com.

    Twitter is my favourite source for information on sport, law and business.

     

    As a concluding message, what would be your suggestions to law students/younger corporate lawyers?

    Thank you for giving me this opportunity. I hope your readers find it informative. The sports, media and entertainment industries in India need good, motivated, knowledgeable and commercially savvy lawyers. To end, I’d like to quote Wayne Gretzky – “you miss 100% of the shots you don’t take”. So got out there, and take your shot!

     

  • Prem Jumani, Associate, Banking & Finance, ALMT Legal on being a Company Secretary and Lawyer and on law school experience at GLC Bombay

    Prem Jumani, Associate, Banking & Finance, ALMT Legal on being a Company Secretary and Lawyer and on law school experience at GLC Bombay

    Prem Jumani graduated with B.Com. degree from Mumbai University before joining GLC, Mumbai in 2008. Meanwhile he also managed to pursue CS degree. While pursuing law, he worked at Shree Ram Urban Infrastructure Limited as an Assistant Company Secretary.Soon after graduation, he started working at Batliboi Ltd as an Executive – Legal & Secretarial. Thereafter, he also worked at Kamal & Co. Advocates, Solicitors & Notary and Solomon & Co. Advocates & Solicitors. In 2014, he joined ALMT Legal as an Associate in their Banking & Finance and General Corporate team. In the same year, he was awarded with  the title of Rising Star of the 2014 Corporate Intl Magazine Global Award as ‘Corporate Compliance Lawyer of the Year in India’.

     

    Why did you decide to study Law? What inspired you to do so? How did you get through to GLC, Mumbai?

    My dad was a biggest inspiration for me, who made choose law as my career. Initially I took up law as a supportive degree to Company Secretary (CS). A law with CS is a very good combination for a corporate lawyer. Luckily my score on the board after my commerce graduation in 2008 was good enough to make my place in the merit list of GLC. Since GLC is the oldest law school of Mumbai and holds a huge reputation of building good lawyers it was my first preference in Mumbai.

     

    What were your areas of interest during your graduation? How did you go about developing expertise and knowledge in these areas?

    My interest was always corporate and commercial laws as I was pursuing CS during my graduation. I was interning with one of the leading infrastructure listed company which gave me a good base of corporate secretarial and capital market practice. Later on, as and when I moved ahead the attitude of ‘never say never’ helped me to get opportunities to do good amount of matters like private equity, acquisitions, banking finance and litigation.

     

    What do you feel about the perception that students of certain ‘elite’ NLU’s have a much easier time in kick-starting their career as compared to law students from other colleges? Is this true at all?

    Yes, it matters quite alot from which college one has done a graduation, but at the same time it may not possible for everyone to get into NLSIU or NLU. For getting a good start it is preferable that law students must do internships from second year onwards or even sign solicitors, if they wish to do so.

     

    After graduation, you joined Batliboi Ltd. as an Executive – Legal & Secretarial and later switched to assist Mr. Bulchandani – Counsel at High Court. What was the nature of your work at both these places? How would you describe your work experience as?

    My role at Batliboi Limited was more of corporate secretarial than legal. I felt that a job of company secretary was more of monotonous than a challenging work, I always enjoyed the legal assignments I use to get, but the scope of work was very limited in Batliboi for me. It was then a point of realisation for me that I want be a lawyer and take up the challenging assignments.

    Thus the hunt for finding a place in a law firm law started for me, but it was never easy for me to get in the law firms initially. I had never interned with any of the law firms earlier. After getting rejected by almost all the top tier law firms, I got a chance to assist Mr. Bulchandani in litigation matters at Hon’ble High Court of Mumbai and that’s how I did litigation.

    At the chambers of Mr. Bulchandani my work profile was to support him in each and every matter that was handled by him. I was given an opportunity to work on various matters with a wide scope. I generally use to assist him for High Court and Arbitration matters or even SEBI matter. At times I was pushed for appearing independently in small matters and I was developing a confidence in handling matters at trial courts. The work experience was undoubtedly fantastic with Mr. Bulchandani, but a pinch of moving from a handsome salary of Batliboi to a stipend was really big for me.

     

    You also had the opportunity to work as an Associate- Corporate Lawyer at Solomon & Co. Advocates & Solicitors. What kind of work you were entrusted with at Solomon and Co.?

    The work profile at Solomon & Co. was again very enormous for me. I had an opportunity to do vide range of matters like acquisitions, Indian Entry, corporate compliance, litigation, capital markets, private equity, etc. Above all Mr. Aaron Solomon is a very sharp lawyer and gem person to work with and I really admire him as a lawyer.

     

    Currently you work as an Associate in the General Corporate and Banking Finance team of ALMT Legal, Mumbai. How did you appointment take place? What do they look for in their prospective employees?

    My appointment in ALMT was by way of a chance, there was a panel of 4 partners who interviewed me and subsequently within a week I got selected and was asked to join the firm.  ALMT is a good growing law firm and gives a chance to lot of young lawyers a good platform to build their base. One needs to be honest, sincere and hard working for a good future and ALMT expects the same from its associates.

     

    What kind of work and responsibilities generally an associate at ALMT Legal deals with? What is a typical workday like?

    We generally deal with end to end responsibility in a transaction so right from a stage one to the closing of transaction everything is been handled by an associate. As far as what work a associate handles depends upon his or her expertise and interest.

    At times it’s hectic and we don’t even get a breathing space as any other law firm, but sometimes when we are light on work we make lots of news flash and update ourselves.

     

    What is the current scenario of studying corporate law as a career option in India? What are the key qualities one should posses for becoming a corporate lawyer?

    Corporate law has a very scope and includes various verticals of practice like private equity, capital markets, M&A, banking finance, corporate secretarial, tax practice, etc. In order to be a corporate lawyer one needs to have an interest and willingness of doing this subjects and it is better to have an additional qualification of a CA or CS or even MBL (Masters of Business Laws) which can give a good base.

     

    What have been the highlights of your job so far? What does it take to be a good corporate lawyer?

    I believe the diversity of matters is the major highlight of my career so far, as I have worked as a litigator, company secretary, private equity lawyer, capital markets lawyer and at time banking lawyer.

    Corporate law is not a rocket science but it takes smart and hard work plus a handy knowledge of subjects like contact law, CPC, companies act, SEBI, banking laws, etc. to be a good corporate lawyer.

     

    What has been your strategy to deal with errors and mistakes? How would you suggest a young associate to deal with them?

    Errors and mistakes are the part and parcels of your life, you can’t avoid them and that’s the only way to gain experience. The strategy is to overcome the mistakes by analysing and understanding them and not running away from a situation.

     

    How do you think a CS degree can prove to be useful in a lawyer’s career in the current as well as future market?

    Undoubtedly, CS qualifications help alot in understanding and dealing the situation.

    CS syllabus helps you to learn subjects of capital market and general corporate in-depth plus a qualification which gives you some accounting and finance knowledge. Though we lawyers do not concentrate on figures much, it helps me to understand better in client meetings at times.

     

    How do you manage to strike a balance between your personal and professional life?

    Its quiet simple for me because me and my wife both are in the same field and understand each other quiet well. We generally spend good weekends together which help us to manage our personal life better.

     

    What do you feel makes an intern stand out and is very important for him to do to have a chance of getting a call back or even a PPO?

    Internship in ALMT depends upon the requirements from time to time. A hard work is very important, one needs to ask alot of questions and analyse each and everything in the manner to understand why the things are done in particular way.

     

    Given a chance to turn back the clock would you have done anything differently from what you’ve done?

    I realised lot of things late in my life. I wasted lots of initial days, which I feel could have turned around my career a bit.

     

    What would be your message to a law student who is yet to decide his/her career?

    Internships and hard work are the key to success for future.

     

  • Amrapali Satpathy on studying LL.M from Cornell University, being a Summer Associate at Clifford Chance and experience in litigation

    Amrapali Satpathy on studying LL.M from Cornell University, being a Summer Associate at Clifford Chance and experience in litigation

    Amrapali Satpathy graduated from Delhi University with an LL.B degree before practising at the Supreme Court. She was awarded with the “Scroll of Honour” for “Promising New Advocate of the Year” by the Hon’ble President of India at the International Conference of Jurists. She then worked at United Lex, Gurgaon, followed by the Law Offices of Ireneo A Reus, Los Angeles and Clifford Chance LLP, New York. She is currently studying for her LL.M from Cornell University.

    In this interview she talks about:

    • Studying law at Delhi University.
    • Being a Senior Associate at CPA Global.
    • LL.M from Cornell University.

     

    How would you like to introduce yourself? Tell us a bit about your childhood and pre-college life as well as educational background.

    I am a simple girl who believes in traditional values while possessing a modern outlook. I am from Cuttack, Odisha. As a child I travelled quite a bit, and got to visit a lot of countries since my father is a Merchant Navy Captain. Travelling all over the world from such an early age helped me to develop a very wide and tolerant perspective about life and people in general.

    During the course of such travels I also made many friends globally and understood different cultures and way of life. At the same time my values as imparted by my parents, helped me to be very grounded and from a very early age I learnt to take deep pride in the diversity and magnitude of our Indian culture and traditions while respecting every other culture in the world. Part of my primary schooling was in Singapore from the Siglap Education Centre. When I was seven, we shifted back to Bhubaneswar, Odisha where I completed my higher secondary studies and was the state topper.

    Later my family shifted to Delhi. My inherent love for English made me complete my higher studies in English Literature with Honors and distinction and my childhood desire to be a lawyer made me study LL.B, which I passed with good grades and high merit. Currently I am completing my Masters in Laws (LL.M) from Cornell University in New York, USA.

     

    How did your interest gravitate towards law?

    My family has always encouraged me to be a lawyer. Two of my uncles are lawyers, and so was my grandfather. Books have always been my greatest influence after my parents. The subject of law and imparting justice has always fascinated me through my readings of various books on the subject. As a child I was absolutely caught up with Sherlock Holmes, Hercule Poirot, and Perry Mason while as a teenager I enjoyed reading Catherine Barnard’s ‘What About Law’ and Amartya Sen’s ‘The Idea of Justice’. Back then I perceived the law as an indestructible, infallible weapon which had the power of liberating the society from all kinds of misdeeds. Although as a teenager I did get a little cynical about the judicial system, nevertheless I always had this belief, which was strengthened as an adult, that no matter what, the law when used by the right people in the right manner has tremendous potential to bring forth the right result and guide society in the right direction. I could join my father’s business, I could be an astronaut, an actress, a model, an engineer etc. In short I could do anything and be anybody. But if there was any profession which allowed me to be in control of my life and at the same time possess the power to help people and society, it was the legal profession. As a lawyer I could have the freedom of interpreting the law in the manner I wanted and then implement it for the betterment of society. And that’s the very reason why I chose this profession.

     

    You have completed your law graduation from Delhi University. Tell us about your law school experience and the co-curricular activities you took part in?

    Studying law at Delhi University was one of the best and most memorable experiences of my life. More than anything else, it brought me in contact with people from extremely diverse ages, economic backgrounds and social beliefs. One of my classmates at the Faculty of Law was a 69 year old gentleman who was a doctor by profession, but wanted to study and understand the Indian law since he was going through some property dispute with his brothers. Then there was this lady who was a teacher at a primary school but wanted to study law so as to get a better paying job as a lawyer in order to support her family, who were entirely dependent on her. My educational experience at Delhi University was truly an eye opener for me, in the sense that I got to see and understand different people, all belonging to the Indian society yet each was so different from the other.  Their differences added colour and variety to the atmosphere at Delhi University, which I don’t think can be found at any other educational campus. I was the convenor for the legal aid society and also headed the dramatic club. Both these roles were extremely enriching. As the convenor of the legal aid society I arranged legal aid camps for the slum dwellers at Yamuna Pushta and as the head of the dramatic society I arranged street plays addressing sensitive, yet less talked about issues in our society like female infanticide, domestic violence and incest. I love debating and was in charge of the debating society for some time where I participated in and arranged college and inter-college debate competitions.

     

    What skills did you get to hone as the Secretary of the Student’s Debating Association and Dramatic Society and also as a   Convener of the Legal Aid Society?

    More than anything else my involvement in these societies made me a people’s person and a team player. Today these are the two skills which have helped me forge lasting friendships and be a good listener while being able to work effectively as a lawyer amongst different kinds of people.

     

    After your graduation, you worked in the Supreme Court. What has been your perspective of litigation in India? Have you found in overrated in any way?

    Sadly the field of litigation in India is quite gender biased and dynasty based. Gender biased in the sense that even today while the courts give judgments for empowering women, yet the very same lawyers at these courts look down on practising female advocates and belittle their talent and knowledge. Unless you are a woman belonging to a very reputed legal based family, it is almost extremely difficult to make a decent entry into the field of litigation. Which reminds me of the admiration, adulation and work opportunities which are bestowed on some freshers, only because of their connection to such reputed legal families, while there are lawyers who slog away their entire life finding clients willing to pay them a decent amount in exchange for their services. Still, I don’t think litigation is an overrated career option. There are always exceptions to the rule and I also firmly believe in hard work paying off sooner or later. Like I said earlier that no matter what, the law when used by the right people in the right manner has the tremendous potential to bring forth the right result and guide society in the right direction. What matters is that the right people should not give up.

     

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

    There is an immense sense of responsibility, pride and self satisfaction when you are standing in front of a judge to a packed courtroom and fighting for your client’s rights. In the current scenario, yes it is definitely becoming more and more difficult for freshers to achieve immediate success in this field, unless you are extremely well connected. However, hard work, patience and perseverance coupled with ambition always bears fruition in the long run, if not immediately.

     

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

    Frankly, I had no mentor, except my parents who have always been my greatest source of motivation and support. Since I had no mentor, I personally cannot speak about it, since I personally don’t know about it. But yes, speaking pragmatically, a good word of recommendation always helps in advancing your career in any field and the field of litigation is no exception to this rule. But then again, if you are talented, ambitious and hard working you can still make a mark without any mentor.

     

    What motivated you to leave your litigation practice and join United Lex an LPO?

    Although my family is extremely well connected both politically and many of my family members hold reputed positions in the legal field, yet my parents were absolutely clear from the day I joined the legal profession, that no matter what, they would never ask any of their connections for any professional assistance for my career. I agreed with my parents and respected them for this decision. At the same time it was extremely difficult for me to get interesting cases in order to further my career, because without having anybody to vouch for my credentials it was extremely difficult to get important cases. Also, truthfully speaking I was getting bored with the simple quality of the cases I was asked to deal with, while my seniors took charge of the more challenging ones. It was at this point that I got an offer from United Lex asking me to join their corporate department and provide legal services to their overseas client British Telecom. Apart from being extremely interesting, the job profile was something which I had not done before. Hence I took the bait and joined United Lex as Associate for Contract Management.

     

    You have worked for one year at United Lex. What had contributed towards this appointment? Tell us about your work profile at United Lex.

    LPOs have a very tight budget which depends entirely on their international/national clients. Depending on this budget LPOs determine the salaries of their employees. That’s one of the reasons why LPOs rank number one in hiring freshers because then they do not have to pay these freshers higher salaries. Since I was in the litigation field and had no corporate experience, I was treated as a fresher by United Lex and my remuneration was paid according to the industry standards of a fresher. At the same time I had the knowledge and confidence required for this role and that contributed towards my appointment.

    Working at United Lex was a very good experience. As an Associate of Contract Management, my responsibilities encompassed handling the entire contract lifecycle management process which included reviewing of complex agreements, and drafting and negotiating a wide variety of agreements ranging from NDAs, MSAs, Procurement Agreements, Framework Agreements, Software License Agreements, etc. each of which were unique in their structure and level of complexity. The work experience at United Lex was very dynamic and interesting.

     

    After United Lex, you went on to the University of California, Los Angeles (Los Angeles, California, U.S.A.)  as a  Visiting Scholar. How did you get appointed at University of California as a visiting scholar? What was your role and what are the responsibilities you were entrusted as a visiting scholar?

    As a legal counsel for my father’s business venture, I had to travel a lot to Los Angeles where one of our clients had their offices. While there, one of my relatives told me about UCLA’s course for visiting scholars. Since I had to be there for many months at a time, I decided to look this up online and later visited the campus. The course was fast paced and quite interesting. It would add value to my Resume apart from increasing my knowledge. There were no formal certifications as such, except a transcript of all the subjects which I studied there. Since I was not getting any formal certification, yet I was taking classes with the LL.M and JD students and I was also giving the exams, my designation was that of a Visiting Scholar. UCLA comes up with these exchange programmes and summer courses which are really good because you get to learn about international law without getting hassled about degrees and certificates. Since I was in Los Angeles primarily as legal counsel for my father’s organization, I really didn’t have too much time to take on added responsibilities at UCLA. It was mostly work, study and seeing the lovely places in Los Angeles. It was a cool experience and Los Angeles was a beautiful place.

     

    amrapali-sathpathy-3

    You have also worked at the Law Offices of Ireneo A Reus (Los Angeles, USA) as a paralegal for four months. How did you apply? What did your work profile consist of?

    While at Los Angeles, I thought it would be a good idea to work for an international law firm and get an idea how the legal process works in the US. I looked up for any vacancies at law firms in Los Angeles through online U.S. employment portals and came across this opportunity at the Law Offices of Ireneo A Reus. I applied online and was selected after being interviewed. My work profile involved mostly researching on core  legal issues and assisting the senior attorneys with drafting and vetting of complex legal contracts, conducting comparison, risk analysis, and due diligence of complex contracts.

     

    What does being a Paralegal mean? How different is it from being an Associate at a law firm?

    Paralegals are not allowed to offer legal services directly to the public on their own and must perform their legal work under the supervision of a senior associate. Usually lawyers who work in a foreign country are initially hired as paralegals because they do not have the requisite knowledge and understanding of that country’s law and legal process. Hence they are not permitted to give legal counselling or take up cases in courts for the clients. Where an associate is expected to deal with the entire legal process at an organization, from counselling clients, to going to courts and drafting contracts and negotiating, a paralegal’s work is only limited to giving assistance to the associates on various legal issues.

     

    Thereafter, you have also worked as a Summer Associate at Clifford Chance LLP (New York, USA). What does Summer Associate mean? How is this position valuable to a law student?

    A summer associate is just another synonym for an intern in the US. As a designation, a summer associate of course sounds cooler than an intern. Summer associates are current law students who are interning at a law firm or organization for the summer. Summer associates have not passed the bar exam and are not lawyers. This position holds the same value as that of an intern. It’s not a job guarantee but if you are interning at a reputed law firm or organization, the brand name looks great on the Resume and can attract prospective employers into calling you for an interview. Also if you have worked really diligently you can even get hired by the same firm for which you interned, provided of course there is a current vacancy, which is usually rare because the attrition rate at such reputed firms is very low.

     

    Also, please brief us about your work profile as a Summer Associate at Clifford Chance LLP.

    My job profile as a Summer Associate with Clifford Chance LLP involved assisting the senior attorneys on structured debt including CLOs, securitization, small balance commercial mortgages, RMBS and covered bonds.

     

    Meanwhile, you were also associated with Amrapali Exports Pvt. Ltd. [your father’s startup venture], as a Legal Counsel. What does Amrapali Exports do? Tell us about the nature of work you were entrusted with therein.

    Amrapali Exports provides legal solutions to a Singapore based corporation. My responsibilities included managing multiple client environments and various accounts as Legal Counsel for my father’s startup venture. I dealt with prospective clients by interacting with the key sponsors in various multinational companies and drafted corporate and commercial agreements. I also extensively advised on post execution enforcement issues, exit options under joint venture agreements, compliances under the companies’ law and FDI regulations.

     

    After serving at your father’s startup venture, you have joined CPA Global as a Senior Associate. Please walk us through your appointment procedure and interviews. Also, tell us about your work profile at CPA Global.

    The HR Manager at CPA Global contacted me after going through my work profile on a leading online Indian employment portal. They briefed me about the job description which involved giving legal solutions to a leading overseas metal and mining corporation. The work was challenging and interesting. Also since my father’s startup venture was doing really good, I was interested in seeking further challenging opportunities with global organizations so as to further increase and enhance my knowledge. I was selected after the requisite number of interview rounds. My responsibilities included contract drafting and database maintenance, contract review and redlining, contract template creation and revision, contract negotiation and approval support.

     

    Were you doubtful before joining Cornell University? Why did you prefer Masters over your job?

    I have been interested in a Master’s degree in Law ever since I was studying for my LL.B degree at Delhi University. It has been on my mind for the longest possible time but somehow the time was never right. I didn’t simply want an LL.M degree to adorn my already quite impressive repertoire. My desire for pursuing an LL.M degree was to further complement my existing knowledge with an understanding of how to implement my knowledge on an international platform. For that, I obviously needed to gain practical work experience as a lawyer. That was the reason I waited for a few years and got the necessary experience before venturing out to get the much coveted LL.M degree. A Master’s degree in Law, from a reputed university can do wonders to your career prospects, provided you know how to use the knowledge you have gained in order to further your career by putting yourself at par with other globally acclaimed lawyers at an international level.

     

    How did you choose Cornell University over others? How did you go about choosing a university?

    Cornell University is an Ivy League University which is one of a kind just as Harvard, Colombia, Upenn, Princeton and Brown Universities. My criteria for choosing which universities to apply at was primarily based on the institution’s intrinsic reputation, online reviews and from what my seniors who had completed their LL.M abroad, told me. I was selected at the London School of Economics, the National University of Singapore, both Colombia University and University of Pensylvania. However, I chose Cornell because of its reputation for conducting an extremely limited, unbiased and exclusive selection process based entirely on a student’s merit and intelligence. I was also quite keen to study at Cornell, because of its reputation of offering interesting legal courses coupled with the freedom to choose the subjects depending on a student’s individual interests. Cornell also has some of the world’s best teachers in the field of law. Luckily due to my incessant hoping, the blessings of my parents and God’s grace, Cornell selected me and I was offered a place in its prestigious LL.M degree.

     

    How did you go about writing your SOP? Are there any key factors which one should keep in mind before writing the SOP?

    While writing my SOP, I stayed clear of artificiality and repetitiveness. I was honest to myself and tried to convey my career goals and my interests as lucidly as I could. SOP is giving the other person an insight into your career goals, your interests and motivations and most importantly an insight into the kind of person you are. It’s important to be true to yourself and your goals while writing an SOP. The same should be conveyed in a simple yet dynamic choice of vocabulary. Simplicity of language is one of the key factors while writing an SOP.

     

    How about recommendation letters? Who all recommended you to pursue LL.M?

    Recommendation letters are an essential requirement while applying to universities abroad. My teachers at Delhi University very kindly recommended me for my application to the LL.M degree course abroad.

     

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

    I chose two major topics for my research dissertation while studying for my LL.M degree. Both were original research papers for which I was awarded High Honors and was applauded by my teachers at Cornell University. My first topic of research was on the ‘Global Financial Crisis of 2008 and its effect on Legal Process Outsourcing.’ Though a lot of research has been conducted on the reasons behind the financial crisis of 2008 and its aftermath, yet I found that there was no satisfactory research which explained the connection between the financial crisis and the growth of the LPO industry. My second topic of research was ‘Seeking A Permanent Solution to the Rohingya Crisis.’ The Rohingya are a stateless population belonging to the Northern Rakhine State (formerly Arakan State), who are amongst Burma’s ethnic, linguistic and religious minority groups. The Burmese government has consistently denied this community citizenship status. Their exceptionally harsh treatment by the Burmese authorities and their condition as a persecuted minority has been a topic of international discussion. What amazed me was the fact that this issue had been so prolonged and without any solution still. I gradually conducted a lot of individual research on this issue. Apart from helping out with various non-profit organizations working for these refugees, I also ensured that I took active interest in letting the general public know about this problem. My inherent interest in international law and human rights has ensured my continuing interest in this cause.

     

    Please tell us a little about your academic schedule and the general experience of studying abroad? How different do you think it is from the pedagogy that Indian Universities follow?

    The academic schedule at Cornell University is very well charted out, giving the students enough time to conduct self study and participate in various scholastic as well as extra-curricular activities. Depending on what subjects you take your classes can start as early as 8:45 in the morning and end at 10 in the night. Since students are not encouraged to take more than 13 credits per semester, most students have an easy schedule. I personally had 18 credits for one semester, but due to the amazingly co-ordinated manner in which the classes were scheduled, I found that I still had ample time on my hands to do as I pleased. Indian Universities put a lot of value on study by rote method, which is not the case at Cornell. At Cornell rather than remembering cases and citing important legal judgments, we were expected to give our own personal opinion on whatever we studied. That opened up a lot of opportunity for thinking as a lawyer while still preparing as a student. Also before each class, we had assigned readings to do so that we would be able to get what the teachers are saying in class. The teachers, as a rule do not teach from the book. Rather, they have a Socratic manner of imparting education, whereby each student is called and asked for an opinion on the topic assigned for that particular day.

     

    Does Cornell University provide students with scholarships? Are there any other institutions, which provide scholarships?

    Cornell University does provide financial aid to deserving candidates. I am not so sure about scholarships though. Usually educational institutes abroad do not provide scholarships, but there may be exceptions. Instead, they give financial aid as and if required by an applicant. For this the applicant needs to show proof of requirement for the financial aid.

     

    You are about to finish your LL.M from Cornell University this year. So, what next?

    I am planning to take the New York State Bar exam soon. In the mean while, I do have a few job offers, two of which are from reputed software companies in India for the position of Legal Counsel, one is from a leading law firm in Singapore, and two are from real estate companies in the US. I also have a job offer from a newspaper publication in the UK, but for that I need to take a few exams in order to be eligible to practise law in the UK, and I am not too keen on that. And yes, I have an offer from Google but the position is based out of Tel Aviv, Israel. Depending on the circumstances and the remuneration offered, I shall make a decision soon.

     

    What led to your academic and professional achievements?

    (Amrapali was awarded “Scroll of Honor” for “Promising New Advocate of the Year” by the Hon’ble President of India, at the International Conference of Jurists while pursuing her graduation from Delhi University. She was also awarded High Honors for writing original research papers on “Global Financial Crisis of 2008 and its effect on Legal Process Outsourcing” and “Seeking A Permanent Solution to the Rohingya Crisis” at Cornell University.)

    My academic and professional records have been flawless. I have always been an exceptionally bright student scoring good marks throughout my academic career. As a lawyer I have always given my best to all my legal assignments. During the course of my education at Delhi University and my then ongoing internship at the Supreme Court of India, my name was recommended for the “Scroll of Honor” by my teachers at Delhi University and my seniors at the Supreme Court of India. As for being awarded High Honors for my research papers at Cornell, both my papers were original in their subject matter and analysis, apart from discussing issues of international relevance.

     

    Could you enlighten us, in brief, about your role at Arakan Project  and  Samarpan Foundation as a part of your Volunteering activity beside your  professional life.

    As a volunteer for the Arakan Project, I mostly worked towards ensuring that the Rohingya refugees in India were being given a decent lifestyle with access to health and education facilities. While volunteering at the Samarpan Foundation, I worked towards giving proper legal aid to the erstwhile refugees at Yamuna Pushta.

     

    Where do you see yourself five years from now?

    Five years from now I see myself having started my own law firm or legal consultancy. That’s a dream which I hope I can achieve. Let’s see.

     

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

    No matter which ever profession you are or choose to be in, make sure you enjoy what you do. If you love your work, 60% of the battle is won. The rest 40% depends on your hard work, patience and passion. And of course as in everything in life, 1% depends on God’s grace or luck, but this 1% can actually go towards making or breaking your career. You will see the signs. If in spite of giving all your hard work and dedication, you are still not reaching that desired point in your career then maybe it’s time to do some serious thinking and perhaps make a career switch. It’s never too late for that. On another note you will meet a lot of people. People will try to pull you down and there will also be people who will encourage you. My advice is to greet all kinds of people with a smile on your face and to always be cordial to everybody. Be dignified at all times and never ever compromise on your ideals. Keep your calm in the face of all odds and don’t let failure touch your heart or success go to your head. All the best.

  • George Pothan, Legal Consultant, Ministry of External Affairs, on work experience, LL.M from King’s College and studying law at JSS, Mysore

    George Pothan, Legal Consultant, Ministry of External Affairs, on work experience, LL.M from King’s College and studying law at JSS, Mysore

    George Pothan Poothicote graduated from Christ College, Bangalore with a B.Com degree before going on to complete his LL.B from JSS Law College, Mysore by 2010. While in law school he interned at several places including Ernst & Young and High Court of Kerala. He pursued an LL.M from King’s College, London and finished his masters by 2012. Immediately after completing his LL.M he came back to India and was appointed as Legal Consultant to Legal and Treaties Division, Ministry of External Affairs, Govt. of India, New Delhi and he is currently working there.

    In this interview he talks about:

    • Law school experience at Mysore University.
    • LL.M from King’s College, London.
    • Internships, recruitment and work at Ministry of External Affairs

     

    How would you introduce yourself? Tell us a bit about your pre law-college years. What motivated you to study law?

    Born in Mysore, I spent my early childhood dividing time between Mysore and Wayanad, and thereafter left to board at Montfort School, situated in Yercaud, a hill station in Tamil Nadu. I went on to do my B.Com at Christ College, Bangalore, LL.B at JSS Law College, Mysore and LL.M at King’s College, London.

    Hailing from a family of lawyers, I grew up imbibing into my very system the lawyers’ lingo and vernacular, and naturally felt drawn to the profession. Therefore, it was a firm and solid choice to become a lawyer myself.

     

    How would you describe your time at Mysore University? Tell us about the academic environment and faculty at the law department of the University.

    The experience was intense and extremely enriching. The student body was intellectually dynamic, with representatives from around the country and even abroad. The faculty included both full time academics and professional practitioners. They were very approachable, and inspired hope, ignited imagination and instilled a love of learning in their students.

     

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    Did you take part in activities apart from your regular curriculum? What all did you do as a law student?

    I participated in practical applications of what I learned, and textbooks gradually came to be of secondary importance to me. In conference settings, at moot courts and in practical classes, I had the opportunity to observe stellar lawyers and law students and noted how effective they were as participants, not only because they possessed superior knowledge, but also because they seemed to instinctively know how to handle a variety of difficult scenarios. Every evening of my final year, I visited the chambers of a senior advocate in Mysore. Also, every Saturday that year, I travelled to a village 35 kilometers from the city to provide free legal aid services and out-of-court settlements, as well as to spread legal awareness.

    My participation in National and International moot court competitions ignited my passion for the field of international law and also enabled me to interact with students and faculty from around the world. I assisted in research work for the scion of the Mysore royal family in the dispute over assets of the royal family and the abolition of the Privy Purse. Later, I helped to draft an anti-ragging bill which was presented to the then Governor of Karnataka. I also represented the college in various seminars and conferences.

    While being good in academics was the most important function during my days at law school, engaging in extracurricular pursuits was a close second. I did indulge in sports and had the privilege of representing my class and college teams in cricket and volleyball.

    My objective during my LLB days was to do my best whilst maintaining a healthy balance and letting other things beyond my control take care of themselves.

     

    Do you believe that excellent CGPA is absolutely necessary for success?

    An excellent CGPA, or any other measure of academic record, can assist in furthering academic pursuits and optimizing the initial recruiting process. That said, the microcosm of university and the world at large are as different as chalk and cheese. In universities one learns the theoretical aspects of law, but for success in the practical applications of the work environment, top grades are not a prerequisite.

     

    What were your areas of interest during your graduation (LL.M)? How did you go about developing expertise and knowledge in these areas?

    Constitution, Criminal Law, Arbitration and International Law were some of the subjects that interested me during my LL.B days. The experience I gained through moot courts, assignments and conferences, as well as my interactions with a number of inspiring people, led me to develop a particular fascination for International Law, both private and public.

    I had long been keen on pursuing an LL.M in International Law, but participated in a variety of modules before finalizing my subjects. My subjects were a combination of Public and Private International Law and International Commercial and Business Law, which may appear to be quite a broad spectrum for the course level. However, the subjects were not as disparate they seem. They included Terrorism and State Violence, World Trade Law, Use of Force, Commercial and Investment Arbitration, and Negotiation. What is especially interesting is the intimate relationship between International Law and Diplomacy. My curriculum combined both.

     

    Please tell us about your internships during your graduation.

    Internships and building work experience had been a consistent part of my academic pursuits during my years as a law student. At the end of my first year in law school, I was able to reinforce my tax related knowledge through an internship with Ernst & Young in their Global Tax Analysis service department in Bangalore. At the end of my second year of law school, I gained invaluable court experience with Honourable Justice R. Basant, a Senior Judge at the High Court of Kerala. I shadowed him closely and was privy to the procedures of the chambers of a High Court Judge, which gave me access to the judge’s files, notes and discussions. I felt particularly privileged as this was a rare opportunity for a student.

    During my final year, I visited the chamber of Advocate KL Sugandhi, a senior advocate in Mysore, which involved interacting with clients, learning procedures and even contributing to work on the cases.

     

    Do you believe branding of college is something that’s very relevant/ important at any stage in a law student’s career?

    Branding seems to have become as inevitable in the field of education as in business. That said, it should be taken with a bucket of salt. Power on the professional battlefield is determined by hard work and dedication above all.

     

    When and how did you decide to pursue Masters? Was it a professional requirement or an endeavour out of academic interests?

    From the beginning of my law education, I had entertained the idea of pursuing an LL.M degree. That said, I never viewed it as a professional requirement, as I had initially been keen on a career in litigation, for which an LL.B would suffice. Over the course of my LLB, I pondered over the subjects I would like to pursue, and shortlisted the Universities that seemed best suited to my interests.  The LL.M was a great adventure that enabled me to set sail to shores more magnificent than I had ever imagined.

     

    You have done your LL.M. from Kings College London. Please share your experience. Any other university which offers a similar combination of modules?

    It was simply amazing. I was taught and inspired by some of the best professionals in their respective fields: Professors. Martin Hunter, Salim Moollan, Samuel Wordsworth, Dr. Federico Ortino and Dr. Piet Eechout, to name a few. I still am in touch with most of them both at personal and professional levels. Whenever I felt the need for an expert opinion or guidance, these professors were most helpful. The course combined theory with practical applications. The whole system was different from what I was familiar with at the LL.B level. In addition to textbook learning, there were group discussions, debates and lots of interactive sessions, with an emphasis on research. We were encouraged to write papers and discuss them.

    I still have fond memories of a workshop conducted by Prof. Martin Hunter, visits to his chambers at Essex Court Chambers and a Friday clinic he used to organise. Another unforgettable experience is the time I spent at the WTO, where I was able to interact with key people of the WTO Secretariat and Country representatives, and gain valuable insight into the incredible operations of such a hallowed institution.

    There are other Universities that offer such modules, but I am not in a position to recommend them.

     

    How will you compare the pedagogy at Mysore University with that of King’s College, London?

    Comparing the pedagogy at Mysore University and King’s College is tricky because I attended them at two completely different levels. The LL.B is a basic degree in law, structured primarily to meet the general requirements of practitioners in the field. An LL.M is an additional qualification that involves specialization, and as such the structure of the LL.M diverges from that of the LL.B.  During my LLB, most of my professors were full time faculty, whereas during my LL.M, the majority of lecturers were practitioners in their respective fields, and their experience and expertise did make a difference.  A good teacher always brings out the best in his/her students. I consider myself lucky to have been mentored by the right kind of teachers.

    Diversity was perhaps the most significant difference between the two programs. At King’s College, the faculty and the University at large catered to a crowd from across the globe. The student community at Mysore University was primarily Indian.

     

    Looking back, how significant do you think that your legal education was? When did you happen to experience the learning curve?

    I believe that my education in its entirety has made me who I am today. My legal education in particular has been significant in shaping my career, and my analytical view of the world.

    As I see it, the learning curve starts from the earliest stages of life. Every single day has presented learning opportunities. I think, therefore I am; I live, therefore I learn. The slope of my learning curve in the legal field took a surge towards the latter part of my LL.M program, and continued to steepen when I entered the Ministry of External Affairs, where I have interacted with some of the best legal minds in the country and around the world. The Senior Official Meetings, Ministerial Meetings and Summits of which I have been a part were incredible experiences. One particular case that gave impetus to my learning curve was a brief I received from Mr. Gourab Banerji, the then Additional Solicitor General of India, during my early days at the Ministry. It was my first significant case, and it was an exciting challenge. More recently, I have had the privilege of being involved with the Law Commission of India in its work on investment treaties, which has been quite insightful.

    I look forward to the continuing intellectual stimulation of my work. Learning is an integral part of the profession, as it shifts like the sands of time.

     

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    You joined Ministry of External Affairs as a Legal Consultant; what worked for you in getting appointed?

    I assume that my academic pursuits and passion for the profession, in addition to the support I received from the then External Affairs Minister, Mr. Salman Khurshid, who had faith in my ability and trusted me with such great responsibility, led to my appointment.

     

    What are the career opportunities at MEA like?

    The MEA provides excellent opportunities for those interested in the international dimensions of law. We deal with treaty negotiations and international law disputes. Diplomacy is integral to the mix. That said, our work is not exclusively on an international level, as we do examine domestic law issues on occasion.

     

    Are Legal Consultants allowed foreign postings? How does their work interact with that of the Indian Foreign Service?

    Foreign postings are certainly available to those belonging to the Legal Cadre of the MEA. The Hague headquarters the International Court of Justice and the Permanent Court of Arbitration. Geneva and New York City are bases for numerous international organisations.

    The responsibilities of international law and diplomacy require a great amount of interaction with foreign service officers and other government representatives.

     

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    Would you say that there exists a difference in the working environment of a law firm and legal department of the govt. offices?

    Most certainly, although I am not in a position to comment in depth on private law firms, as I have never worked in one. In the Government, everyone works for the Government of the day, and the work is not limited to legal issues. The tasks at hand are quite complex: they involve participating in drafting legislation, policy making, negotiating treaties and a variety of other roles. Most importantly, working for the Government means representing the Country and promoting collective rather than individual interests.

     

    What is the procedure to apply for an internship and recruitment at MEA? What are the qualities which they look for in their prospective employees?

    It starts with sending the completed form in the requisite format, along with references, to the Ministry to the Administrative Division (or any other Division that interests a prospective intern). From there, the applications are considered on merit. It is generally difficult to accommodate all applicants considering the huge volume of applications usually received. Details on applying for an internship at the MEA are enumerated on the website of the MEA.

     

    Have you ever considered starting up on your own?

    Starting my own practice has always been at the back of my mind. If I start my private chamber practice, I would focus on litigation before the Supreme Court, High Courts and Tribunals.  Considering my LL.M specialization and current work, I would be keen to pursue an active practice in investment arbitration, as well as international and domestic commercial arbitration.

    I firmly believe that there is potential everywhere, and it is about looking out through the window of opportunity. Talent finds its happiness in execution. Simply follow your heart, make the right choices and be dedicated.

     

    Please tell us about the requisite soft skills which are essential for a young lawyer to build a successful career?

    Communication skills, which are essential in any profession, are particularly valuable for a young lawyer. An open line of communication with colleagues assists in efficiency and securing solid relationships. Clarity, charisma and discretion must be kept in mind when dealing with clients.

    Commitment is important, given the heavy workload of young lawyers, and the established standards of excellence.

    Creativity is an immense asset, as innovation and thinking outside the box aid in problem solving and negotiation.

     

    What are your views on the future of Indian legal education? How would you suggest that a law student manages to stay ahead?

    I would like our institutions to compete with the best in the world. There is no dearth of resources in India, but we have to make optimal use of them. I hope to live to see the day our institutions are ranked among the best in the world, and pray that it is not far away. We need to support academicians in their pursuit. I personally am of the view that institutions should create a platform to bring in greater interaction between practitioners and students. The greatest asset of any educational institution is the character of its teachers. We need to encourage research and avoid spoon feeding. Classrooms should be about imparting knowledge and not forcing one’s views on the others. Students should be prepared to face the world outside beyond the realms of the microcosm of universities. I would suggest encouraging research and more practical classes and workshops. They are the need of the hour. The legal fraternity has to come together and support our institutions with a clear roadmap for the way ahead.

     

    What are the three things you consider law students should do in their careers?

    To me, goals should be set individually, and not based on what someone else has achieved. Be yourself, as they say. The markers of success vary, but generally, I would say that it can be achieved by staying focused, working smart and being organized. Professional mileage can be optimized with perseverance, perspiration and a stroke of luck.

     

    What would be your parting message to young lawyers?

    Here I would like to borrow from Mr. Fali Nariman, who lists the following in his autobiography “Before Memory Fades”:

    • A lawyer’s opinion should be honest and responsible,
    • A good lawyer should acquaint oneself with relevant law, including case law on the subject at hand,
    • One should be clear and precise, not confused,
    • One should keep oneself informed and up to date with all the reported judgments and decisions of the Supreme Court and High Courts,
    • A lawyer should be well prepared for his case.

    A lawyer must never stop learning, for intellect demands clarity and certainty. That said, circumstances render uncertainty inevitable and fascinating. In an ever changing world, progress is proportional to the capacity to endure uncertainty.

    One’s name is a prized possession in this mortal world, which through our acts, deeds and achievements can be immortalized and etched in the minds of generations to come.

     

  • Bijetri Roy, Associate, Banking and Finance, Orbit Law Services, on LL.M from Queen Mary and studying law at Calcutta University

    Bijetri Roy, Associate, Banking and Finance, Orbit Law Services, on LL.M from Queen Mary and studying law at Calcutta University

    Bijetri Roy graduated from Department of Law, Calcutta University with B.A. LL.B (Hons.) in 2013. During her law school days, she wrote more than eight research papers. After graduation, she pursued an LL.M from Queen Mary, University of London, where she was also a member of the Editorial Board of the Queen Mary Law Journal. She currently specializes in banking and finance laws among others at Orbit Law Services, Mumbai. In this interview he talks about:

    • Studying at Department of Law, Calcutta University with B.A. LL.B (Hons.).
    • Application, SOP and Recommendation Letter for Queen Mary, University of London.
    • Recruitment and work at Orbit Law Services, Mumbai.

     

    Given that most of our readers are law students and young lawyers, how will you introduce yourself to them? What motivated you to choose law as a career?

    I am Bijetri Roy, a Bengali by birth, brought up in the royal Awadh city of Nawabs, Lucknow. My father has a transferable job and I have had the opportunity of staying at many beautiful places (most of them being famous for their food and culture!). London became my home away from home in just a year. I currently live with my parents in Mumbai and I am working as a Banking and Finance Lawyer at Orbit Law Services.

    I am the first lawyer in my family, belonging to a household of a banker and economist father and an English teacher mother. I started reading Perry Mason at the age of 12 and the sleuth-attorney influenced my young mind to take up law. Law became my first choice and my parents encouraged me to take it up seriously. I completed my ISC in 2008 and took the Calcutta University entrance examination in May 2008, secured a good rank and enrolled at the Department of Law.

     

    Tell us about your law school experience at Calcutta University. Share some highlights from your college days that shaped you as a lawyer.

    Though a lot of people warned me against studying law at a traditional university instead of an “elite NLU”, I decided to take my call on the matter, and it was the best decision of my life to enrol at a simple law school. I agree we didn’t have the “right” infrastructure, no placement cell and too many people cramped in each batch (we were 200 people in the 2008-13 batch), but despite these issues, the five years at the law school gave me the some of the best days of my life. Classes were irregular at times, but interesting and regular lectures by Prof. S.S. Chatterji (IPC, Contracts) and Dr. J.K. Das (Constitutional Law, Human Rights Law) made me forget the drawbacks of the college. The high point of my law school days was getting selected for Honours after 2nd year (my average of 3rd to 5th year shot up to a good first class). The selection was purely on merit basis and there were only 50 seats for honours in a batch of 200. Getting to study a wide variety of subjects ranging from Law and Child, Criminology and Gender Justice to Law and Public Servants and Legislative Drafting was an enriching experience for me.

     

    What do you feel about the perception that students of certain ‘elite’ NLU’s have a much easier time in kick-starting their career as compared to law students from other colleges? Is this true at all?

    I would not like to comment much on this because it is quite a subjective perception. Though a certain “class” of students easily get internships and jobs at the top firms and organisations (as per hearsay – I don’t know many people from the NLUs so I am not sure about it), it is ultimately merit, basic foundation and most importantly, interest in that area of practice that matters. But yes, if one goes by the current market trends, top tier firms and big companies prefer to hire the “elite” ones! But then again, trends are never constant, right?

     

    Are you still involved in research and writing papers? Which are the latest ones you have submitted and where?

    Till now, the count is over 12. Last month I submitted a research paper titled “Financial Inclusion in India: Policy Framework for Inclusive Growth” for a forthcoming conference at IIM-Bangalore. This month I submitted an abstract for my research paper titled “Corporate Governance and Investor Protection – Importance of Legal Audit” for the India Finance Conference to be held at IIM-Calcutta.

    I have presented more than 8 papers during my BA-LLB days including at conferences at the top NLUs like NLIU Bhopal and NALSAR Hyderabad. Recently, I presented 2 papers, one at ILS Pune at the National Conference on Revisiting Freedom of Religion and Personal Laws from Liberty and Equality Perspectives and the other one at the International Conference of Jurists and Writers which was held in Mumbai.

     

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    What was your motivation behind pursuing LL.M. right after your under-grad? How did you finally decide that you need to do masters?

    During my 3rd year, I decided I wanted to do my masters in law immediately after my undergrad. I took this decision because I did not want to have any gap in my academics and once you take up a job, it is very tough to take a break and pursue higher studies.

     

    How did you choose Queen Mary, University of London over others? How did you go about choosing a university?

    I applied to Queen Mary, University of London based on its rank in UK for law (when I went there in 2013, it was among the top 10, currently it is ranked number 3 in UK right after Cambridge and Oxford, and number 1 in London – The Guardian 2014-15, 2015-16 rankings for law). I had decided from day 1 that if I study in UK, it has to be in London University. By the time my 4th year results were out, I had offers from Queen Mary, Westminster University, Birkbeck School of Law under London University and Brunel University (these were the only places I had applied to – I was lucky enough to bag offers, including an unconditional offer from Westminster University even before getting my final BA-LLB result!). I had my dream come true moment when I got an unconditional offer from the place of my choice – Queen Mary.

     

    How did you go about writing your SOP? Are there any key factors which one should keep in mind before writing the SOP?

    SOP (Statement of Purpose) is nothing but an essay about yourself. I used the first paragraph to talk about myself in general, then moved on to my academic achievements and extra-curricular activities. Next I laid emphasis on why I wished to study LLM, why UK, why London and why Queen Mary. I used the last paragraph to talk about my career goals (try to be as honest as possible; do not inflate your goals while writing the SOP).

     

    Please tell us about your recommendation letters.

    While most colleges ask for 2 recommendation letters, Queen Mary is flexible with it. I was able to manage only 1 letter during my application process and that did not hinder my offer from Queen Mary in any way. A professor wrote my recommendation letter.

     

    Tell us about your LL.M year at Queen Mary, London. How did this influence your career?

    My experience at QMUL was the best I could have ever dreamt of. Professors are very approachable because they do not follow the age old notion of differentiating teacher from students.  During my study, I had the opportunity of regular interaction with world class professors like Dr. Rafael Leal Arcas,  Dr. Alexandros Ntovas, Dr. Gomula (a visiting professor from Cambridge), Prof.Spyros,  Prof. Anne Flanagan to name a few.

    My specialisation was public international law. Queen Mary offers a wide range of modules to choose from. I took up modules which mainly belonged to other specialisations. I studied International Economic Law, International Law of the Sea and Climate Change Law and Policy. Apart from academics, a lot of emphasis was laid on overall development; I was suddenly all over the place, working as a Media and Communications Coordinator for the QMUL School of Law, attending meetings and sharing ideas (and pizzas!) with the academic and non-academic staff as a member of the Student-Staff Liaison Committee, as a postgrad member of the QM Law Journal to name a few.

    Classes were 2 hours thrice a week, so I got the opportunity of exploring the beautiful city of London and places around London. When I wasn’t exploring places (and trying out different cuisines!), I spent my time at the Institute of Advanced Legal Studies (IALS) Library and the QMUL Mile End campus.

     

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

    I did my dissertation on the topic “Trade Liberalization and the Poor – a policy framework with special emphasis on India”. I chose this topic because it gave me the chance of researching beyond the syllabus of WTO in the Economic Law module. I had the opportunity of doing my dissertation under Professor (QC) Geraldine Van Bueren. . I scored pretty well in it too!

     

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    How difficult was studying abroad in terms of finding accommodation, finances and settling in?

    I was lucky enough to get a food inclusive accommodation at the London University intercollegiate halls (Hughes Parry) just a few blocks away from Kings Cross station. I am not very fond of shopping so I saved almost all the money I had taken with me (the only things I spent on were text books, boots, eating out and for my trips to places within and outside London).

     

    How was your experience as a member of the Editorial Board of the Queen Mary Law Journal?

    As a member of the Editorial Board of the Queen Mary Law Journal, I was able to get a clear idea of how papers are peer reviewed and selected. I had the opportunity of reading some of the best research papers and articles by masters and PhD level students from different countries and various universities.

     

    After returning to India, you started working at Orbit Law Services as an Associate. How did you go about bagging this job?

    I was looking for boutique law firms specialising in banking and finance and came across the website of Orbit Law Services. I applied by sending a cover email and my CV, and I got a call from the partner within 3 days (this was like an indication from Lord Ganesha that I was almost in there!). I was called for an interview which was conducted by 4 partners, and after a day I was informed about my selection. The selection process is very transparent. The firm prefers to give opportunity to graduates from traditional universities over NLUs.

     

    Tell us about your current work profile and why did you choose to work with Orbit Law Services?

    I am an Associate at Orbit Law Services, Mumbai. I always wanted to join a boutique law firm which specialises in Banking and Finance laws, and for me this is the best place to start and grow professionally.

     

    What are your main practice areas?

    My main practice areas are Banking laws, Project Finance, Infrastructure,Power projects, Energy projects, Corporate and legal due diligence (I recently conducted a 3-days legal audit at an asset reconstruction company in Mumbai on behalf of my law firm).

     

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    How is your experience so far? What is your workday like? Are there new challenges every day or did work fall into a predictable pattern?

    The best thing about Orbit is the fact that Partners personally guide me. All 5 partners have decades of experience and have been associated with well-known banks and big corporate houses.

    Apart from the usual “lawyer” work, I am involved in business development and knowledge enhancement work as well. So along with learning the core work areas, I am also learning overall entrepreneurial management. Due to the encouragement of the partners, I have been able to whet my research and writing skills further (I regularly write articles for our firm’s internal news circulation and discussions with everyone during lunch time).

    Every day is a new day in terms of work; I get the opportunity of learning new things on a daily basis, whether through core legal matters and assignments which come my way from clients (mostly big banks, NBFCs and authorities etc.) or through research suggestions by partners for my personal development.

     

    What are your future plans? Where do you see your career in the next 5 years?

    I plan to continue here at Orbit for the next 4-5 years. I see myself as an expert (and maybe a Senior Associate by then!) in Banking and Finance laws by the time I am 30!

     

    Lastly, any suggestions for aspiring first generation lawyers like yourself?

    Take up law only if you want to, not because your peers or seniors have taken up law! Law is a vast ocean, and whatever is taught during undergrads is merely a few drops! Choose your law school wisely. During your undergrads, attend at least 2 to 3 conferences and present papers, the claps that you get from the audience comprising professors and stalwarts will be like a boost for your confidence. Even for your postgrads, choose the course, institution and country (in case you wish to study abroad) wisely, don’t hurry with your selection.

    All the best to all the readers, and thank you Super Lawyer!

  • Pratyush Nath Upreti, Advanced Masters, (LL.M) Intellectual Property Law & Knowledge Management at Maastricht University, on pro-bono work and the KIIT Law School experience

    Pratyush Nath Upreti, Advanced Masters, (LL.M) Intellectual Property Law & Knowledge Management at Maastricht University, on pro-bono work and the KIIT Law School experience

    Pratyush studied law from KIIT Law School, Bhuvaneshwar, he graduated in 2013. Being a citizen of Nepal, he chose India to pursue B.Sc. LLB. After the successful completion of his bachelors, he is pursuing Advance Masters (LLM) in Intellectual Property Law & Knowledge Management from Maastricht University, Netherlands on a scholarship. He had interned extensively through the years of law school and published nearly 30 articles in The Kathmandu Post. In this exclusive conversation with Pratyush, we talk about:

    • Education and experience at KIIT Law School.
    • Selecting the appropriate publishing companies for his journals.
    • Interning at Asian Network for Free Elections (ANFREL), Bangkok,
    • Being a Member of New IP Lawyer’s, a wing of School of Law and its research centre called SCule (Science,Culture and the Law) under the University of Exeter, United Kingdom.
    • Undergoing exchange programmes at The Office for Harmonization in the Internal Market of European Union (OHIM), Spain
    • Pursuing LLM in Intellectual Property Law and Knowledge Managment from Maastricht University, Netherlands.

     

    Tell us a bit about your pre-college life. How did you choose to study law that too in India? Did you have lawyers in your family?

    I come from the Biratnagar, city of influential leaders in Nepalese politics. Being the youngest child of my parents, I began the journey of my student life by following my elder sister’s footsteps to one of the most prestigious schools of the city. In school, my inquisitive mind as a young student ran into almost all nooks and corners of the colorful life. I was not a great student but lived my life into the realm of education.

    When I finished my intermediary, civil war in the form of a Maoist insurgency ended with the signing of the comprehensive peace agreement and formation of a Constituent Assembly. Nepal was in transitional phase(still in transitional phase), we were taking the first step towards building a constitutional democracy. During the phase, many friends opted to go abroad for higher studies which were never an option for me.

    When I decided to peruse law there were very limited option in Nepal. Moreover, India is also not far away from Nepal, it was a convenient option. I was also attracted by the unique integration of law and science. So, I decided to join the B.Sc.LLB(Hons) stream in KIIT Law school, a newly born law school with a colourful dream, like that of mine of marking a mark of its own in the highly competitive legal arena.

    Yes, I belong from a legal background, my father is a senior advocate practicing in Nepal and my grandfather served as a Judge of Nepal. I think I represent the third generation of lawyers in my family.

     

    While in KIIT Law School you selected B.Sc. LL.B as your stream. What would be your advice to law aspirants about choosing a stream? Did it give you an edge over B.A. LL.B graduates? Does it have a long lasting effect?

    In recent years, legal education has rapidly changed. The unique integration of law and science is an attractive career option. The law and science offer plenty of opportunity in the sector of forensic science and Intellectual property law. During my short working experience, I have felt that there are high demands for lawyers with scientific/technological backgrounds. Anyone interested in B.Sc.LL.B should keep in mind the course structure of the college offering the course. Make sure they have good science faculty and if you are interested in taking biotechnology as a major then well-equipped laboratory is important. I was the first batch of B.Sc.LL.B(Hons) course in my college, but I had some laboratory works. Fortunately, My university had separate well-equipped Biotechnology faculty which was an additional advantage for me. Since, there is not much of crowd of lawyers with knowledge of both the field, a B.Sc.LL.B(Hons) graduates do have an advantage from a job perspective.

     

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    If I were a young law student who never wrote an article, how would you advise me to get started given that you yourself wrote a lot?

    To be honest, I never pre-planned to write an article. Most of my articles are the outcome of my project which I did during law school or internship. Choosing a topic which is contemporary is important for publishing an article. I suggest law student to identify contemporary legal issues and continue as a project for the course. If you do your research honestly, then certainly you will end up publishing.

     

    How would you select a specific journal and approach them for publication? What are the things you look for in a journal before sending them your article for publication? Can you tell us the steps involved in researching and structuring an academic paper?

    Selecting a Journal is not easy, there are two important things, which I look before sending an article. Firstly, the journal timeline for a review process. When you research honestly, you get ambitious about the project and really want to publish in good Journal. But sometimes, a long review process of the journal is really frustrating. There were few Journals who replied me after a 15 months. It was really painful! But as a student you should never be discouraged by rejection or late replies. Before sending your article, it is important to know about the Journal well( just email and ask about timeline for review). Secondly, I see the focus area of a journalif your topic matches those area’s or related contemporary issues than your acceptance chances are really high.

    There are generally accepted ways of researching and structuring the paper. For me research is important, I try to gather as much of information from various sources like books, Journal, reports, internet etc. Once I gathered information, I tried to find contemporary issues/problem involved and put my thoughts in a logical way and roughly draft a research outline which will help not to divert from focus area. For any writing may be a newspaper or academic journal structuring is important. Your writing must reflect you thoughts and every section need to clearly link. Mostly importantly for academic writing reference/bibliography/footnote is very important. Generally, accepted standard structure includes Abstract, Introduction, research question, discussion (arguments advanced), conclusion/recommendation and bibliography.

     

    How did you plan your internships and how did you go about applying for these internships?

    (Pratyush has interned quite extensively through his 5 years at law school. Some noteworthy mentions are Anand and Anand; Asian Network for Free Elections (ANFREL), Bangkok, Thailand; Singh & Associates, Advocates and Solicitors; Sycip Salazar Hernandez & Gatmaitan Attorney At-Law, Philippines; The Ministry of Home Affairs, Parliamentary Affairs, Constituent Assembly and Culture, New Delhi, India; Enviro Legal Defense Firm, New Delhi, India and other places as well.)

    Early planning is very important to secure a good internship. Mostly, I planned my internship at least a 6-8 months before. This is important because, you can never depend on one organization or law firm. You need to file a several application. The application process depends completely on the institute which you intend to apply. Most of the organizations where I interned had similar recruitment pattern, I just applied online with a short cover letter and resume.

     

    What kind of work did you typically find yourself doing as an intern? Did your experiences vary significantly with the internships?

    I had a diverse internship experience. My task and workload as intern completely depend upon where I was interning. In law firms, I had long working hours and mostly I ended up doing a lot of draftings, research on several issues and assisted litigation team. Some of the research which I did in the law firm was published in law firms in-house Journals. On the other hand, in an organization you mostly do research work, they will make you involved in the ongoing project. During my school, I was fortunate to do two international internships. First, at Sycip Salazar Hernandez & Gatmaitan Attorney-At-Law, one of the biggest law firms in Philippines where I was involved in commercial and Intellectual property division. I mostly assisted the team with the prosecution of trademark, patent registration, review of technology transfer arrangement, franchise and distributorship agreement etc. Second, at ANFREL, I researched on several electoral issues and assisted drafting team of ‘Bangkok Declaration of Free & Fair Elections’. During my stay, I also got an opportunity to observe the election. It was a great learning experience.

     

    What comprised your work profile as a Legal Researcher at the “Forum for Protection of Public Interest (Pro-Public)”? Please share with our readers.

    Forum for Protection of Public Interest (Pro-Public) is one of the reputed organization in Nepal. It has a long history of contribution to socio-legal development in Nepal. Pro-public gives an opportunity a law student to voluntarily associate with the organization in different capacities. I was fortunate enough to associate myself with the organization during law school.

    During my undergraduate, I had an experience of research work. At law school, I worked as research assistant in University Grant Commission (UGC) main project titled “ Use of Forensic Science in Criminal Justice System: A futuristic Project”. Similarly, I did some research work for Cobalt Business Counsel Professional Corporation, Ontario, Canada for few months. Furthermore, my research internship with Enviro Legal Defense Foundation, Nepal Law Commission, and The Ministry of Home Affairs, Parliamentary Affairs, Constituent Assembly and Culture, was largely based on legal issued related to Nepal. Maybe this gave me an edge than other candidates during the recruitment process.

     

    Thereafter, you have joined Asian Network for Free & Fair Elections (ANFREL) as their Legal /Liaison Officer. Do you think, it became easier to get appointed because you have interned earlier at ANFREL?

    I don’t think so, internship experience helped me to get the position at ANFREL. ANFREL is a professional organization, they have transparent and heavy recruitment process. I came to know about the vacancy through a Newspaper. I did go through a screening process and had a very long interview by ANFREL Secretariat. Luckily, I got through the interview.

     

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    What kind of work does ANFREL do? Please brief us about the nature of work and responsibilities you were entrusted at ANFREL.

    The Asian Network for Free Elections (ANFREL) was established in 1997, as Asia’s first regional network of civil society organizations focused on elections and election monitoring. It strives to promote and support democratization at national and regional levels in Asia. Since it was founded, it has served towards strengthening the democratization of countries such as Sri Lanka, Nepal, Thailand, Malaysia, Cambodia, Pakistan, Bangladesh, East Timor and Indonesia.It is one of the most trusted and reliable International Election Observation Group globally. They mostly focus on three area: (i) Election observation (ii) capacity building (iii) campaigns and advocacy.As Legal/Liaison Officer, I was involved in providing legal assistance to the ANFREL Election Management/Observer team. During my tenure, I reviewed national electoral law and assisted the ANFREL team in making Observation manual and reports. In addition, I was also involved in organizing and co-ordinating meeting with several stakeholder, civil societies, and politicians and also observed Constituent Assembly Election. I must say, I had a wonderful experience working with ANFREL. They have great working culture and ethics.

     

    Right after ANFREL, you went for LL.M. Why did you decide to go for higher studies?

    Initially, I wanted go right after my graduation but later decided to take a break of a year. There is no reason as such, I always wanted to continue my studies and then focus in practice.

    How did you go about choosing which college to go to for your LL.M. and did you ever consider Indian colleges? Was it the course or the university which mattered for you?

    I was very clear that I want to do LLM in Intellectual Property Law from abroad. Since, I have spent five years at law school in India so I didn’t want to have similar quality of education. So, never considered Indian colleges. The First thing I did was listing of colleges which offer LLM in intellectual property Law. I applied to three universities; School of Law University of New Hampshire (formerly known as the Franklin Pierce Centre of Intellectual Property) USA, Queen Mary University of London, UK and Maastricht University. I was accepted in all three. I got the scholarship from Franklin Pierce and Maastricht University and opted later.

     

    Tell us about your LL.M year at The Maastricht University, The Netherlands which you are currently pursuing.

    I am doing Advanced Master in Intellectual Property Law and Knowledge Management. It is a unique master program for lawyers, non-lawyers, and those with a degree in science of technology. It is popularly known as IPKM. The Advanced Masters IPKM are fully accredited by the Accreditation Organization of the Netherlands and Flanders (NVAO). The IPKM MSc is furthermore accredited by the European Patent office (EPO) for EQE remission. In addition, IPKM is a member of the European Intellectual Property Institutes Network (EIPIN) and a founding member of the Pan-European Seal Professional Traineeship Programme.

    Maastricht University is known for the problem-based learning environment where students are personally responsible for their academic education. The IPKM is taught in a very closed group, where the student analyzes the problems through discussions, exchange knowledge. The programme is taught in socratic teaching, often using real-life cases, mock trials and assignment (mind it, it’s not a piece of cake, it will dig you into the subject matter which we need to submit before class). The tasks are further discussed and analyzed along with lectures during class. Basically, it was fun working within a diverse class, amazing study visit. To conclude, IPKM provides a lot of opportunity for learning and networking. If you want to excel in Intellectual property, IPKM is the right choice! Go for it!!

     

    How difficult was studying abroad in terms of finding accommodation, finances and settling in? Are there any scholarships for studying at the Maastricht University?

    Not at all! Particularly, at Maastricht we have a very friendly student service center (SCC) which helps the international student in finding accommodation if needed. I didn’t have a problem as such, I found accommodation through online. There are facebook pages which provide information on accommodation, and most of them are very reliable. Maastricht University do provide Scholarships for International Students which are available on University Official website. I was lucky enough to get a UM High Potential Student Scholarship, which really made my life easy.

     

    How is the faculty & academic schedule (your typical day) at Maastricht? Given your experiences how would you pit Indian students with their foreign contemporaries?

    The faculty staff in the IPKM are very diverse and immensely supportive. It includes professor and practitioner from different jurisdictions, most notably Europe, Asia, and the United States of America. We had a very intense module on US Copyright Law taught by Professor Edward Lee, Director of the Program in Intellectual Property Law, Chicago-Kent College of Law, United States. Similarly, some of module was taught by Professor of Queen mary University, the University of Nottingham, and few class were taken by European Patent attorney etc. In addition, we have series of IPKM expert lectures by practitioner’s which enlighten us on contemporary IP issues. My day starts with waking up, and riding to the library, preparing for classes and assignments. There is always a number of readings for class, which are expected to be discussed in class. Generally, I return very late from the library in fact library is my sanctuary) and then I have to try and cook which I really hate.

     

    Was there time enough for non academic pursuits at Maastricht? How did you find the study-life balance to be?

    Not really! IPKM is very hectic!! (That’s what you expect from competitive course) we get few days off in Christmas. But Maastricht is a beautiful place, there are several things to do besides academic. On balancing study-life, I am the right person to answer that, I always struggle.

    Tell us about the course structure of an Advanced Master (LLM) Intellectual Property Law & Knowledge Management at Maastricht University.

    The Advanced Masters in Intellectual Property Law and Knowledge Management (IPKM ) offered at Maastricht University Faculty of Law are designed to train graduates to work as legal practitioners or management in knowledge-intensive industries and research institutes. The IPKM offers two distinct degrees:

    (1) A LLM degree focusing on comparative IP litigation and/or entrepreneurship, valorization and IP management

    (2) A MSc degree for graduates of science and technology aspiring to become IP specialists, knowledge managers, or patent attorneys.

    The IPKM course is designed in three main pillars

    (1) the common course for both LLM and MSc student are taught together

    (2) mandatory course for both LLM

    (3) mandatory MSc track.

    Some of the intensive modules offered is Intellectual Property in USA and Asia, patent drafting, IP enforcement, Intellectual Property & Life science among others.

    For more information, you can visit

    (http://www.maastrichtuniversity.nl/web/Faculties/FL/AdvancedMasterInIntellectualPropertyLaw).

     

    How did you benefit from the different programmes you took up after admission to IPKM?

    (Pratyush underwent a couple of training and exchange programmes after he had secured admission at Maastricht University, some of which are Module on Community Trademark at The Office for Harmonization in the Internal Market of European Union (OHIM), Spain; Study visit at European Patent Office, Hague, Netherlands; Attending Congress of European Intellectual Property Institute Network (EIPIN) organized at Maastricht University and Max Planck Institute for Innovation and Competition.)

    IPKM as well designed course which aims to provide plenty of learning opportunities for the student. I had one module in University of Alicante in The Office for Harmonization in the Internal Market of European Union (OHIM), Spain, it was a great experience. The modules were taught by European trademark/design examiner and practitioners. Similarly, Congress of European Intellectual Property Institute Network (EIPIN) held at Maastricht and Max Planck Institute for Innovation and Competition/European Patent Office were two days intense discussion on contemporary Issues of Intellectual property Laws. In both, the event sessions were addressed by scholars from Europe and The United States. Personally, I really enjoyed these events, you get to know emerging issues in IP Law and also an opportunity for networking.

     

    Please share a few words about you being Member of New IP Lawyer’s, a wing of School of Law and its research centre called SCule (Science,Culture and the Law) under the University of Exeter, United Kingdom.

    New IP Lawyer’s is a network of young academic and practitioner in IPR. It is the initiative of Ph.D. student at the University of Exeter and have network representative at the University of Oxford. The network aims to encourage and facilitate discussion of the issues related to IP law both by lawyers and non-lawyers. Recently, the network successfully held the first annual conference: who owns the Arts and Sciences? At the University of Exeter where renowned academic like Professor Lionel Bently(University of Cambridge), Professor Charlotte Waelde among others were key speakers. The Newtork is relatively new, in a very less time it has received overwhelming support. New IP Lawyer’s is also aiming to organise seminar series and several academic event. Stayed tuned at http://newiplawyers.wix.com/newiplawyers

     

    Is writing is your hobby? How do you manage to write for newspaper on various issues beside your LL.M studies and other engagements?

    (Pratyush has published approximately 30 newspaper articles till date at The Kathmandu Post& among others, on various issues.)

    I enjoy writing it connects me with readers. I never took writing as a hobby, I started writing during my undergraduate. When I was studying in India, I always wanted to involve in socio-legal issues and give my opinion on such matters. The newspaper was the perfect forum to share my thoughts and involved in several issues happening in Nepal. After law school, I continued writing and still I regularly contribute on socio-legal/political issues in Nepal. It makes me happy when readers send feedback or point of disagreement on issues and it also helps to improve writing. I never take writing as a burden, whenever we come across interesting issues we always have an opinion, just that I gather my thoughts and write. Most important, writing gives me a lot of pleasure; I feel a sense of freedom.

     

    What is your responsibility as a student member of Maastricht University for European Intellectual Property Institutes Network (EIPIN).

    IPKM is a member of the European Intellectual Property Institutes Network (EIPIN). Every year few students are selected to represent as a student member of EIPIN where we get the opportunity to attend EIPIN congress and participate in the group projects. I was assigned with team project which consists of five student from Queen Mary Intellectual Property Research Institute(University of London), Munich Intellectual Property Law Center (MIPLC), Centre for International Intellectual Property (CEIPI) University of Strasbourg, Magister Lvcentinvs (University of Alicante). My team has already submitted our research project titled “Permitting Transformative Use and Copyright Law: The Case of Parody as Innovation” to EIPIN committee. It had a great time working together with fellow students.

     

    What are your future plans? How do you plan to use the experience and the knowledge gathered at Maastricht?

    I successfully defended my thesis, just winding up my course at Maastricht. Most probably I will be returning home in August, and practice litigation. Although, Intellectual Property regime is not very well developed back home which makes it more challenging to take IP as a career but again it give an opportunity to participate in the process to develop the field. The experience and knowledge gathered at Maastricht surely have given me in-depth knowledge about global IP practice which will surely help in instituting policy reform in Nepal.

     

    And any word of advice for all the young law students out there?

    Learn, question and make the most out of the law school. Make sure you enjoy your student life as well. Good luck!